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1977-04-05 Council minutesPage 809 April 5, 1977 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, April 5, 1977 Pursuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, was held at 8:00 o'clock P.M. at the City Hall, 750 South Plaza Drive, Mendota Heights, Minnesota. Mayor Lockwood called the meeting to order at 8:05 o'clock P.M. The following members were present: Mayor Lockwood, Councilmen Losleben, Mertensotto, Schaberg and Wahl. APPROVAL OF MINUTES Councilman Losleben moved approval of the minutes of the March 15 meeting. Councilman Wahl seconded the motion. Ayes: 5 Nays: 0 BID AWARD, IVY City Engineer Kishel outlined the tabulation of bids received FALLS WEST ADDITION for the construction of the Ivy Falls West Second Addition improvements (Phase 3). Mr. Kishel recommended that the bid be awarded to the low bidder, Fischer Construction Company. Ayes: 5 Nays: 0 MAYFIELD HEIGHTS AREA IMPROVEMENTS After a brief discussion, Councilman Losleben moved the adoption of Resolution No. 77-21, "RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR CONSTRUCTION OF SANITARY SEWER, WATER, STREET AND STORM SEWER IMPROVEMENTS TO SERVE IVY FALLS WEST - SECOND ADDITION AND ADJACENT AREAS (IMPROVEMENT NO. 75, PROJECT NO. 3 -- IVY FALLS WEST SECOND ADDITION)," awarding the contract to Fischer Construction Company in the amount of $221,868.66. Mayor Lockwood seconded the motion. The Council acknowledged receipt of a letter from Mr. & Mrs. Thomas Virning regarding the proposed Mayfield Heights area improvements. Mayor Lockwood stated that he has spoken to many of the residents of the Highland Heights area and that while the residents objected to the proposed storm sewer assessments, they realize that if the project is turned down now, it will be brought up again in the future, at perhaps substantially increased cost. Councilman Wahl reviewed the contents of some of the letters of objection, particularly those referring to costs, and pointed out that due to lot sizes, the majority of the Highland Heights properties will be assessed considerably less for storm sewer than the larger Mayfield Heights area lots. Councilman Losleben pointed out that the Council has determined that the project is feasible and necessary and stated that he does not feel that the storm sewer assessment estimate is excessive. It was his impression that the residents see the need for the project, and object only to the cost. Councilman Schaberg stated that if the project is ordered in, the Council should be positive that the project includes enough of the Highland Heights areas and is designed to control. all of the surface water runoff within the district. Ayes: 5 Nays: 0 ANIMAL HOSPITAL COMMUNICATIONS DEPARTMENT OF TRANSPORTATION Ayes: 5 Nays: 0 Page 810 April 5, 1977 The Council determined that if the project is approved, an extension of an underground line on Douglas Court should be included in order to intercept drainage flowing on Lots 9 and 10, Block 1. The Council also referred to a letter from Mrs. Michael Lobell, 1065 Overlook Road, complaining about standing water between her lot and 1776 James Road. It was determined that the Engineer should include provisions in the proposed project to correct this drainage problem, working out satisfactory easement agreements with the property owners. Mayor Lockwood noted that although it was announced at the March 15 meeting that a decision on the project would be made tonight, none of the residents who objected to the project are in attendance. He noted that apparently the residents have considered the project, talked with the Council members since the hearing, and realize that the proposed project is a good one. The Council also concurred that if the project is approved, the storm sewer assessment rate should be the same for the entire district. Mrs. Rhoda Mains, 1071 Overlook Road, stated that she does not object to the proposed project, but asked if some consideration would be given to the fact that Overlook Road property owners had paid a $0.02 square foot storm sewer assessment in the past. The Council advised Mrs. Mains that the previous assessment will be taken into consideration at the time of the assessment hearing. After a lengthy discussion, Mayor Lockwood moved the adoption of Resolution No. 77-22, "RESOLUTION ORDERING PROPOSED CONSTRUCTION OF AN EXTENSION TO THE CITY'S SANITARY SEWER AND WATER SYSTEMS AND OF THE STREET AND STORM SEWER IMPROVEMENTS TO SERVE MAYFIELD HEIGHTS LAND AND ADJACENT AREAS (IMPROVEMENT NO. 77, PROJECT NO. 1)." Councilman Losleben seconded the motion. The Council acknowledged receipt of a report from City Planner Dahlgren regarding an addition to the Mendota Heights Animal Hospital. The Council directed that a copy of the report be sent to Dr. Koepke. The Council acknowledged receipt of a letter from Mr. Patrick Hawkins, attorney for Lee's Floor and Janitor, objecting to the parking of cars in front of Lee's building by Fischer's "66". The Council directed the City Attorney to review the complaint and submit a recommendation to the Council. The Council acknowledged receipt of a notice of annual meeting from the Association of Metropolitan Municipalities. The Council acknowledged receipt of a letter and plans and specifications submitted by the Department of Transportation regarding improvements on I-35E. After a brief discussion, Councilman Losleben moved the adoptiol of Resolution No. 77-23, "RESOLUTION APPROVING D.O.T. CONST- RUCTION PLANS AND SPECIAL PROVISIONS." Councilman Schaberg seconded the motion. COMMUNICATIONS MENDOTA WATER COMPANY Ayes: 5 Nays: 0 Page 811 April 5, 1977 The Council acknowledged receipt of a letter from the Metropolitan Waste Control Commission regarding the Commission's Development Program for the years 1978-1982. The Council acknowledged receipt of a letter from the Mendota Water Company requesting an increase in water rates. Attorney Winthrop advised the Council that a public hearing is required before any action can be taken on the request. The Council requested that Mr. Ed Lavigne and representatives of the Water Company meet with the residents and Civic Association and explain the rate increase request and, hopefully, reach a mutually satisfactory rate so that all parties can more calmly discuss the matter at the hearing. Councilman Losleben moved that a public hearing for discussion of the Mendota Water Company rate increase request be held at 8:00 P.M., Tuesday, May 17. Councilman Wahl seconded the motion. DEPARTMENT REPORTS The Council acknowledged receipt of the March, 1977 Police Department monthly report. The Council also acknowledged receipt of a memo from the Police Chief regarding the employment of a Student Intern, Karen Gramley. PLANNING COMMISSION The Council acknowledged receipt of the minutes of the March 22 Planning Commission meeting. CASE NO. 77-4, Mr. Donato Bataglia was present to request approval of a front BATAGLIA yard setback variance for Lot 2, Wagenknecht's Addition, located at Victoria Road and Kay Avenue. It was noted that although the Planning Commission had determined that the application should be for a sideyard variance, the Council would consider it as a ten foot front yard setback variance for purposes of clarity. Ayes: 5 Nays: 0 CASE NO. 77-5, PAULSON Ayes: 5 Nays: 0 After a brief discussion, Mayor Lockwood moved approval of a ten foot variance from the front yard setback requirement at Lot 2, Wagenknecht Addition. Councilman Wahl seconded the motion. Mr. Bataglia was advised that due to the large overhang on the house, the home must not be placed any closer than eleven feet from the north property line. Mr. Dwight Paulson was present to request approval of a 91/2 foot variance from the front yard setback requirement at 741 Mohican Court. Mr. Paulson explained that he proposes to construct an addition on the front of his present garage and convert a portion of the existing garage into a family room. After a brief discussion, Councilman Losieben moved approval of a 91/2 foot front yard setback variance at 741 Mohican Court. Councilman Schaberg seconded the motion. CASE NO. W77-6, GOFF Ayes: 5 Nays: 0 CASE NO. 77-7, TOM THUMB Ayes: 5 Nays: 0 CASE NO. W77-8, KOCH Ayes: 5 Nays: 0 PARK AND RECREATION COMMISSION PARK-A-RAMA Page 812 April 5, 1977 Mr. Lawrence Goff was present to request approval of a wetlands permit for Lot 4, Willow Spring Addition (located on Marie Avenue The Council discussed the possibility of granting a variance from the established 70 foot front yard setback to allow construction of a residence a greater distance from the creek running through the property. Planner Dahlgren, present at the meeting, reviewed the site plan and recommended that the Council grant a ten foot variance to allow construction of the home 60 feet from the property line. He also recommended that consideration be given to granting a 20 foot variance from the front yard setback requirement for the westerly contiguous lot. After a lengthy discussion, Councilman Mertensotto moved the adoption of Resolution No. 77-24, "RESOLUTION APPROVING WETLANDS PERMIT AND ATTACHING CONDITIONS THERETO," including approval of a ten foot front yard setback variance for Lot 4 and a 20 foot variance for the westerly contiguous lot. Councilman Losleben seconded the motion. The Council considered an application for variance from the Tom Thumb Store to allow installation of a Tom Thumb/RC Cola sign on the Tom Thumb property. After a brief discussion, Mayor Lockwood moved that the Council concur in the Planning Commission recommendation and deny the application for variance. Councilman Schaberg seconded the motion. The Council acknowledged receipt of a Wetlands Permit application from Dr. Gregory Koch for Lot 6, Ivy Falls Addition. After a brief discussion, it was determined that the Wetlands Ordinance requirements are not applicable to this property. Councilman Losleben moved that the Wetlands Ordinance requirement be waived for Lot 6, Block 4, Ivy Falls Addition. Councilman Schaberg seconded the motion. The Council acknowledged receipt of the minutes of the March 30 Park and Recreation Commission meeting. The Council noted that the Park and Recreation Commission, at the March 30 meeting, had recommended that the City contribute $300 to Park-A-Rama, Inc., the money to be used towards the purchase of fireworks for the 1977 Park-A-Rama. Mr. Greg Walker, co -chairman of the 1977 Park-A-Rama, was present to discuss the matter. The Council expressed their appreciation to the Park-A-Rama, Inc. for their efforts.in continuing this community event and noted that Park-A-Rama days is for the benefit of all Mendota Heights residents. Page 813 April 5, 1977 After a brief discussion, Councilman Wahl moved that the City commit $500 for the purchase of fireworks for the 1977 Park-A- Rama. Councilman Losleben seconded the motion. Ayes: -5- • Nays: 0 WETLANDS ORDINANCE Administrator Johnson recommended that consideration be given to modifying the portions of the Wetlands Ordinance relating to the public hearing process. The Council directed the City Attorney and Administrator to prepare the necessary modifications VOLUNTEER FIRE Councilman Losleben moved that John Neska, 916 Lawrence Avenue, DEPARTMENT be appointed to the Volunteer Fire Department. Councilman Schaberg seconded the motion. Ayes: 5 Nays: 0 PROBATIONARY Mayor Lockwood moved that Dorance Wicks be given permanent EMPLOYEES employment status as Police Sergeant. Councilman Losleben seconded the motion. Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 KIWANIS DONATION Ayes: 5 Nays: 0 Councilman Wahl moved that Officer Richard Munson be given permanent employment status as Police Patrolman, at the salary of $1,131 per month, retroactive to March 1. Mayor Lockwood seconded the motion. The Council expressed appreciation to the West St. Paul Kiwanis Club for a $750 donation to the Police Department for the purchase of emergency equipment. Councilman Losleben moved the adoption of Resolution No. 77-26, "RESOLUTION IN ACKNOWLEDGEMENT AND APPRECIATION OF KIWANIS CLUB DONATION." Councilman Wahl seconded the motion. tTAX FORFEIT Councilman Losleben moved the adoption of Resolution No. 77-27, PROPERTY "RESOLUTION REQUESTING TRANSFER OF TAX FORFEIT PROPERTY," requesting the transfer of Parcel No. 27-02300-040-52 (located at the end of Mayfield Heights Road) to City ownership. Councilman Mertensotto seconded the motion. Ayes: 5 Nays: 0 DEFERRED ASSESSMENT The Council acknowledged receipt of a memo from the City Administrator regarding collection of a deferred water assessment and associated interest for the Sun View Hills plat. It was noted that Mr. Ted Van had requested that he be allowed to pay the interest due on the assessment to date and that the assessment be levied against the plat. Attorney Winthrop Ayes: 5 Nays: 0 PUBLIC WORKS GARAGE Ayes: 5 Nays: 0 Page 814 April 5, 1977 advised the Council that it will be necessary to obtain waivers of hearing from Mr. Van before the assessment can be levied. Councilman Mertensotto moved that the $6,052.50 deferred assessment be placed back on the original assessment roll, and that Mr. Van submit past due interest of $3,631.50, subject to submission of the necessary hearing waivers by Mr. Van. Councilman Losleben secnnded the motion. City Planner Dahlgren was present to discuss siting for the proposed public works garage. Mr. Dahlgren responded to several items contained in a report prepared by Councilman Wahl relative to location of the facility on Freeway Road. He stated that although there is an industrial use currently on the site, this was existing at the time the original zoning ordinance was adopted and was thus "grandfathered" in. He did not feel that it would be appropriate for the City to locate an industrial type use in an area zoned residential. He also noted that when the TH 49 overpass over TH 110 is constructed, the site in question will be highly visible. The public works garage and associated outside storage would not be particularly pleasing, visually, from the bridge. He felt that location of the facility on this particular site would be adverse to good land use and planning principles and concepts. He recommended that the City officials consider acquiring property north of Mendota Heights Road, on the west side of Lexington Avenue. He noted that the property is already properly zoned for such a use, it is in proximity to the geographical center of the City, and Civic Center site, and it would be possible to locate an elevated water tank on the site. He recommended that the City acquire approximately 5 acres of property for the public works garage and water tank site. After a lengthy discussion, Councilman Losleben moved that the staff be authorized and directed to engage a professional appraiser to perform an appraisal of approximately 5 acres of land on the west side of Lexington and south of the Resurrection. Cemetery, and that the City Attorney be directed to negotiate for the property acquisition based on information contained in the appraisal. Councilman Mertensotto seconded the motion. COMPREHENSIVE PLAN Planner Dahlgren stated that the City's original comprehensive UPDATING plan was adopted in 1962. The State Legislature has recently passed legislation mandating that all communities in the metro area must prepare an updated plan. The plan must be prepared and completed within a three-year period beginning July 1, 1977. He breifly outlined the requirements, planning process and estimated cost. PLANNER AIDE Ayes: 5 Nays: 0 BALLFIELD Ayes: 5 Nays: 0 Page 815 April 5, 1977 Administrator Johnson advised the Council that it would be possible for the City to employ a Planner Aide to assist in preparation of the comprehensive plan updating via CETA funds. The position would be for a one-year maximum duration. He also noted that a candidate had been referred by CETA, has been interviewed, and appears to be qualified to assist the Planner. After a brief discussion, Councilman Mertensotto moved that the City Administrator be authorized to employ a Planner Aide via the CETA program. Councilman Losleben seconded the motion. Attorney Winthrop advised the City Council that Richard Sheehy has executed an agreement which would allow the City to use a portion of the shopping center property for a ballfield. He recommended that the Council authorize execution of the agreement by City officials. Councilman Mertensotto moved that the Mayor and Clerk be authorized to execute the agreement for City use of the portion of the Mendota Plaza property located between the blacktopped driveway behind the Plaza to South Plaza Drive and between the back entrance to the Plaza and Dodd Road. Councilman Losleben seconded the motion. EQUIPMENT PURCHASE The Council acknowledged and briefly discussed a memo from Public Works Inspector Pearson advising that informal bids had been received for the purchase of a vibratory roller, air compressor and related equipment. As a result, the low bid for a vibratory roller, submitted by Ruffridge -Johnson Equipment Company, in the amount of $4,670 was accepted and the roller has been ordered. The Gardner-Denver Company submitted the lowest bid for the air compressor, paving breaker and accessories. The bid, in the amount of $4,733.82, was accepted, and the equipment has been ordered. EASEMENT Ayes: 5 Nays: 0 The Council briefly discussed a memo from Public Works Inspector Pearson recommending acquisition of an easement over the Ione Swanda property in connection with Ivy Falls West Second Addition improvements. Mr. Pearson recommended acquisition of the .24 acre permanent easement and .37 acre temporary easement for $1,500. The Council concurred with the recommendation. Mayor Lockwood moved the adoption of Resolution No. 77-25, "RESOLUTION AUTHORIZING ACQUISITION OF EASEMENT." Councilman Schaberg seconded the motion. INVESTMENTS Ayes: 5 Nays: 0 LIST OF CLAIMS Ayes: 5 Nays: 0 RUBBISH HAULER LICENSE Ayes: 5 Nays: 0 LICENSES Ayes: 5 Nays: 0 ADJOURN Ayes: 5 Nays: 0 ATTEST: Page 816 April 5, 1977 Councilman Losleben moved that the Clerk-Treasurer be authorized to invest $580,000 in time savings certificates with Cherokee State Bank at 51/4% interest. Councilman Schaberg seconded the motion. Mayor Lockwood moved the adoption of the following motion: RESOLVED, that the claims submitted to the City Council for payment, a summary of which is set forth on the list attached hereto and identified as Litt of Claims submitted for payment, April75, 1977, having been audited by the City Council, be and are hereby allowed and the Mayor and Clerk-Treasurer of the City of Mendota Heights are hereby authorized and directed to issue City checks in payment of said claims. Councilman Wahl seconded the motion. Mayor Lockwood moved that a Rubbish Hauler License be granted to Emil Oehrlein Trucking. Councilman Schaberg seconded the motion. Councilman Wahl moved approval of the list of licenses, granting licenses to: R.M. Dreyling Construction Co., Inc. Dahlmeier Construction Company Anthony Plumbing Bohn Plumbing & Heating George Sedgewick Heating and Air Conditioning Safeway House Movers, Inc. Masonry License General Contractor License Plumbing License Plumbing License Heating License House Mover License Councilman Schaberg Seconded the Motion. There being no further business to come before the Council, Mayor Lockwood moved that the meeting be adjourned. Councilman Schaberg seconded the motion. TIME OF ADJOURNMENT: 12:27/ • ock A.M. terfA_ '1111,4Tdabaugh erk Treasurer Robert G. Lockwood Mayor