1977-03-01 Council minutesPage 794
March 1, 1977
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Regular Meeting
Held Tuesday, March 1, 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.
Acting Mayor Mertensotto called the meeting to order at 8:00 o'clock P.M. The
following members were present: Acting Mayor Mertensotto, Councilmen Losleben,
Schaberg and Wahl. Mayor Lockwood had notified the Council that he would be out
of town.
APPROVE Councilman Losleben moved approval of the minutes of the
MINUTES February 15 meeting.
Councilman Wahl seconded the motion.
Ayes: 4
Nays: 0
Councilman Wahl moved approval of the minutes of the
February 16 special meeting.
Councilman Schaberg seconded the motion.
Ayes: 4
Nays: 0
DUTCH ELM Acting Mayor Mertensotto noted that the concensus of the
DISEASE Council on February 16 was to direct the Administrator to
prepare the necessary resolution establishing a Dutbh Elm
Disease subsidy formula and application for State grant.
Ayes: 4
Nays: 0
Ayes: 4
Nays: 0
PARK CONTRIBUTION
Ayes: 4
Nays: 0
BOARD OF REVIEW
Ayes: 4
Nays: 0
After a brief discussion, Councilman Losleben moved the adoption
of Resolution No. 77-13, "RESOLUTION ESTABLISHING SUBSIDY
FORMULA FOR REMOVAL OF DUTCH ELM DISEASED TREES."
Councilman Wahl seconded the motion.
Councilman Wahl moved the adoption of Resolution No. 77-14,
"RESOLUTION AUTHORIZING FILING OF APPLICATION FOR GRANT TO
SUPPORT RESIDENTIAL PROPERTY OWNER SUBSIDIES UNDER THE PROVISION
OF THE MINNESOTA STATUTES SECTIONS 18.023.
Councilman Schaberg seconded the motion.
Councilman Wahl moved the adoption of Resolution No. 77-15,
"RESOLUTION ESTABLISHING PARK CONTRIBUTION FORMULA."
Councilman Schaberg seconded the motion.
Councilman Wahl moved that the annual Board of Review be
established for 8:00 P.M. on June 29, 1977.
Councilman Losleben seconded the motion.
Page 795
March 1, 1977
DESTRUCTION OF Councilman Schaberg moved the adoption of Resolution No. 77-16,
RECORDS "RESOLUTION DIRECTING DESTRUCTION OF RECORDS."
Councilman Losleben seconded the motion.
Ayes: 4
Nays:O
BID OPENING Financial Advisor Larry Shaughnessy was present to open bids
received on the sale of $585,000 permanent improvement bonds.
The following bids were recefted: First National Bank of St.
Paul bid $233,379.20 for an interest rate of 4.931%; Dain,
Kalman and Quail bid $238,547.50 for an interest rate Of
5.040%; American National Bank of St. Paul bid $230,692.50 for
an interest rate of 4.874%; First National Bank of Minneapolis
bid $225,555.40 for an interest rate of 4.766%; Juran and Moody
bid $235,029.75 for an interest rate of 4.966%; BancNorthwest
bid $232,558.55 for an interest rate of 4.914%.
Councilman Losleben moved that the bids be accepted and turned
over to the Financial Advisor for review.
Councilman Schaberg seconded the motion.
Ayes: 4
Nays: 0
FEASIBILITY Acting Mayor Mertensotto noted that the Feasibility Hearing was
HEARING established to discuss proposed improvements on Mayfield
Heights Lane, Mayfield Heights Road and the adjacent Highland
Heights area. He stated that if anyone in the audience has
any objections, their questions will be heard after presentation
of the proposed project by the staff. He asked that anyone
wishing to do so should submit written comments or objections
to the City Clerk prior to the March 15 Council meeting.
Acting Mayor Mertensotto turned the meeting over ta:the City
Administrator for a description of the proposed improvements.
Administrator Johnson stated that the proposed project was not
initiated by petition from most of the residents involved, but
some of the City's past lack of action on drainage facilities in
the area has made it necessary to hold a hearing to explain
deficiencies in the Mayfield Heights/Highland Heights area.
He noted that hearing notices had been published in the Sun
Newspaper and that copies of the notice had been mailed to all
affected property owners. The project was actually initiated
as a result of a petition for improvements by owners of
property located on Mayfield Heights Lane, however, a good
share of the surface water drains into the area from the
Highland Heights area. He noted that there would be no use in
allowing development on Mayfield Heights Lane until there is an
outlet for surface water. The Engineer proposes that the
surface water that flows in a northerly direction be picked up
in an underground pipe at Douglas and James with an auxiliary
pick-up east of the intersection, pipe the water into a ponding
area, control the volume of water flowing out of the pond, use a
pipe line down Mayfield Heights Road and down to TH 13 into a
natural drainage area. It is proposed to store the runoff in the
ponding area and meter the water out under controlled conditions
so that the water flow will be somewhat like it was before any
Page 796
March 1, 1977
developthent occurred in Highland Heights. The proposed
improvements are as follow: Mayfield Heights Lane - sanitary
sewer, water, storm sewer, street and curb and gutter. the
street is proposed to be 30 feet wide. A 24-foot bituminous
surface is proposed for Mayfield Heights Road, along with
concrete curb and gutter and drainage improvements. The Highlan:
Heights area would only receive storm sewer improvements. The
estimated costs are as follow: sanitary sewer, $7,700 or an
estimated cost of $9.00 per front foot; watermains, $5,400 or an
estimated $6.25 per front foot; street $29,000 or an estimated
$35.00 per front:foot on Mayfield Heights Lane and an estimated
$22 to $23 per front foot. The estithated cost of storm sewer
construction is $65,000, or approximately 612 to •7 per square
foot. It was noted that the Council is aware that some of the
properties abutting Overlook Road were assessed 2 per square
foot for a partially completed storm sewer system in 1969.
Following the verbal presentation, the City Administrator
gave a slide presentation of the present drainage characteristic:
of the area involved in the hearing.
City Engineer Kishel explained some of the preliminary
engineering details, including the fact that since the area
is on the edge of the Mississippi River Corridor Critical Area,
the Metropolitan Council will most probably insist that somethin(
be done in the future, and that the costs will probably be
very excessive at that time.
Acting Mayor Mertensotto asked for questions and comments from
the audience.
Mr. Stanley Karon, 1764 Douglas Court, suggested that the
drainage that will come to the culvert under TH 13 is the same
water as at present, going to the same place as at present,
and in the same quantities. Mr. Karon also asked general
questions about drainage, why the property owners on Mayfield
Heights Lane are not proposed to pay greater storm sewer rates
since the system will alleviate their drainage problems. He als<
questioned how the proposed storm sewer system will benefit the
property owners in Highland Heights.
Mr. Herbert Dalglish, 1054 Sibley Memorial Highway, stated that
the residents on Mayfield Heights Road do not want the street,
curb and gutter or storm sewer improvements. It was his
contention that the Mayfield Heights drainage problems are
caused by the runoff created by the Highland Heights runoff.
He also asked about future pond maintenance if the project is
installed.
Mr. Donald Rutman, 1043 Overlook Road, stated that it is his
impression that the Mayfield Heights Road residents are not
interested in the project, nor are the people in the Highland
Heights area. He stated that he is confused over the benefit
since neither group is interested in the project.
Page 797
March 1, 1977
Mrs. Marian Clemens, 1040 Sibley Memorial Highway, stated that
she is the former owner of the Mayfield Heights Lane property,
that the property has never been developable because of the
drainage conditions, and that she objects to the proposed
improvements because of the assessment costs.
Mr. Tom Sherman, 1077 Overlook Road, stated that the
fundamental reason for the project seems to be to bring the
Mayfield Heights Lane property up to a level of developability.
He also stated that he did not feel that the people were given
enough information in the presentation.
Mrs. Shirley Goldman, 1742 South Lexington Avenue, asked if the
project was only being considered in order to allow development
of the lots on Mayfield Heights Lane.
Several unidentified audience members expressed opposition to
the drainage improvements.
Administrator Johnson read portions of a letter received
from Stanley Karon in 1974 requesting storm sewer improvements
in the Highland Heights area.
Acting Mayor Mertensotto pointed out that the Council must
consider the possibility of increased drainage problems in the
future and must plan ahead. There is no controlled drainage
system at present, and the Council must take into consideration
the fact that some time in the future the Metropolitan Council
may impose drainage control requirements.
Acting Mayor Mertensotto thanked the property owners for
attending the hearing and commenting on the proposed project.
He again requested that the property owners who wish to make
written comments submit those comments to the City Clerk prior
to the March 15 meeting.
RECESS Acting Mayor Mertensotto called for a recess at 10:20 o'clock P.l
The meeting readjourned at 10:30 o'clock P.M.
Acting Mayor Mertensotto noted that the general concensus of the
property owners seems to be that they object to the proposed
storm sewer assessment but do not particularly object to the
proposed drainage improvements. He stated that it seems as
though the residents in the Highland Heights area do not
want to bear an assessment rate equal to the property owners
on Mayfield Heights Lane, but do not seem to object to being
assessed for the costs for the portion of the project from the
ponding area to the south edge of the proposed assessment
district.
Mr. Michael Posnansky, 1041 Douglas Road, stated that he would
not object to the project if the assessment for the Highland
Heights property owners is proportionate to the construction
costs for the portion of the improvements from the pond south.
Ayes: 4
Nays: 0
BID AWARD
Ayes: 4
Nays: 0
CASE NO. 77-1,
KASSAN
Ayes: 4
Nays: 0
PUBLIC WORKS
GARAGE
Page 798
March 1, 1977
Acting Mayor Mertensotto noted that the Council will consider
the possibility of a different assessment rate for drainage
improvements for the Highland Heights area and Mayfield Heights
Road. He also noted that the Council will consider directing
the Engineer to prepare preliminary cost figures for assessment
rates based on this theory.
There being no further questions or comments from the audience,
Councilman Schaberg moved that the hearing be continued to
March 15.
Councilman Losieben seconded the motion.
Financial Advisor Shaughnessy advised the Council that the bid
submitted by First National Bank of Minneapolis was the lowest
bid received on the sale of $585,000 Permanent Improvement
Bonds and recommended that the bid be awarded to First National
Bank of Minneapolis.
Councilman Losieben moved the adoption of Resolution No. 77-17,
"RESOLUTION ACCEPTING BID ON SALE OF $585,000 GENERAL OBLIGATION
IMPROVEMENT:BONDS OF 1977, PROVIDING FOR THEIR ISSUANCE AND
LEVYING A TAX FOR THE PAYMENT THEREOF," awarding the bid to
the First National Bank of Minneapolis.
Councilman Wahl seconded the motion.
Since the applicant was not in attendance and there had been
no response from him regarding the application for variance
since February 1, there was no Council discussion on the matter.
Councilman Wahl moved that further discussion on the
application for variance be tabled until the applicant requests
reconsideration by the Council.
Councilman Losieben seconded the motion.
Mr. Richard Leyh, Chairman of the Municipal Facilities Task
Force Committee, asked information from the Council about the
status of the proposed Public Works Garage and the Committee.
Acting Mayor Mertensotto stated that the Task Force Committee
established the fact that there is a definite need for the
facility, and that the entire Council concurs. He pointed out
however that the Council is not in total agreement on siting for
the garage. Acting Mayor Mertensotto indicated that the Task
Force Committee will be called upon for additional input in the
future and directed the staff to increase the lines of
communication with the committee.
Ayes: 4
Nays: 0
CASE NO. 76-34,
RECHTZIGEL
Ayes: 4
Nays: 0
FINAL PLAT
Ayes: 4
Nays: 0
PLANNING
COMMISSION
CASE NO. 77-3,
EDWARDS
Ayes: 4
Nays: 0
PLANNING REPORTS
COMMUNICATIONS
Page 799
March 1, 1977
After a brief discussion, Councilman Losleben moved that the
staff be directed to research the terms, conditions, costs and
all other details preliminary to possible negotiations towards
the purchase of property located near the intersection of
Lexington Avenue and Mendota Heights Road.
Councilman Schaberg seconded the motion.
Mr. Ned Bohrer, representing Mrs. Clara Rechtzigel, was
present to request approval of the subdivision of Lot 17,
Wagenknecht Addition (1960 Walsh Lane). The Council
acknowledged receipt of a Certificate of Survey, dated
February 14-17, 1977. Administrator Johnson advised the
Council that the $400 park contribution for the lot
division had been submitted by Mrs. Rechtzigel.
After a brief discussion, Councilman Losleben moved approval
Of the subdivision of 1960 Walsh Lane in accordance with the
Certificate of Survey dated February 14-17, 1977.
Councilman Wahl seconded the motion.
After a brief discussion, Councilman Wahl moved approval of the
final plat for the Sun View Hills Addition, submitted by
Mr. Ted Van, conditioned upon receipt of a.park contribution of
$4,000 for the entire plat.
Councilman Losleben seconded the motion.
The Council acknowledged receipt of the minutes of the
February 22 Planning Commission meeting.
After a brief discussion, Councilman Lobleben moved approval of
Mr. Kent Edwards' application for a tenfoot variance from the
front yard setback requirement on the Hazel Street side of
Lot 2, Block 1, Simek Rearrangement.
Councilman Schaberg seconded the motion.
The Council acknowledged receipt of reports from the City
Planner on the Metropolitan Land Planning Act, Critical Area
Planning, and an outline of Comprehensive Plan work items.
The Council acknowledged receipt of a letter from the Department
of Transportation relative to the resurfacing of the Mississippi
River bridge and the two bridges at the Junction of TH 110 and
TH 35E.
MN/DOT/PLAN The Council acknowledged receipt of a letter from the
LIAISON Minnesota Department of Transportation regarding the MN/DOT
preparation of a comprehensive transportation plan. After a
Page 800
March 1, 1977
brief discussion, the Council directed the City Administrator
to notify the D.O.T. that Donald Huber has been designated
as the City Council's liaison with the D.O.T. on Highway
matters. Councilman Wahl expressed concern that a north/south
pedway or a new TH 49 alignment be forthcoming so that the
north/south traffic will be afforded a grade separation over
th 110.
BUILDING ADDITION Dr. Tom Koepke was present to request approval of an
application for building permit to construct a 35 foot by
25 foot addition onto the Mendota Heights Animal Hospital and
to finish the back of the lot with a parking lot. Dr. Koepke
stated that the architecture will be the same as the current
structure and, in response to Council questions, indicated that
landscaping will be completed within a reasonable time after
completion of the addition.
Ayes: 4
Nays: 0
EAGLE RIDGE,
PLAT 5
Ayes: 4
Nays: 0
Acting Mayor Mertensotto moved approval of the building permit
subject to review of the plans by the City Planner to verify tha
the addition complies with ordinance requirements.
Councilman Losleben seconded the motion.
After a brief discusSion, Councilman Losleben moved approval
of the final plat for Eagle Ridge Plat 5.
Councilman Wahl seconded the motion.
TRAPPING AND Councilman Losleben moved that the City Attorney be directed
HUNTING to prepare an ordinance prohibiting trapping and hunting
within City limits.
Councilman Wahl seconded the motion.
Ayes: 4
Nays: 0
MENDOTA WATER Councilman Losleben distributed to the Council and staff •
COMPANY copies of the Mendota Water Company financial statement for
1976.
BASEBALL Administrator Johnson advised the Council that Park and
DIAMOND Recreation Commission Chairman Kevin Howe has discussed the
possible use of the southeast corner of the shopping center
property for a Babe Ruth type ballfield with Richard Sheehy.
Mr. Sheehy had no objection to using the property for this
purpose provided the City provides a hold-harmless agreement.
SCHOOL DISTRICT
PROPERTY
After a brief discussion, Acting Mayor Mertensotto directed the
City Attorney to contact Mr. Sheehy and prepare any necessary
legal documents and directed staff to implement the proposal.
Administrator Johnson advised the Council that City Planner
Dahlgren had met with Mrs. Barbara Lukermann, School District
Planner, relative to the future uses of 8 acres of property
Page 801
March 1, 1977
that the School District wishes to sell. As a result of their
discussions, the planners recommended that the City not
pursue the purchase of the property for open space and that
the property is developable, with access from Warrior Drive.
CHANGE ORDER, Councilman Losieben moved approval of Change Order No. 1 to
IVY FALLS WEST Improvement No. 75, Project No. 3, Stage II, Ivy Falls West
ADDITION Addition, in the amount of $3,080.00 for the installation of a
water main on Medora Road north of First Avenue.
Councilman Schaberg seconded the motion.
Ayes: 4
Nays: 0
FINAL PLANS AND
SPECIFICATIONS,
IVY FALLS WEST
SECOND ADDITION
Ayes: 4
Nays: 0
After review of the final plans and specifications,
Councilman Wahl moved the adoption of Resolution No. 77-18,
"RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND
ORDERING ADVERTISEMENT FOR BIDS FOR IVY FALLS WEST 2ND ADDITION
AND ADJACENT AREAS IMPROVEMENTS (IMPROVEMENT NO. 75, PROJECT
NO. 3 - IVY FALLS WEST 2ND ADDITION) ," the bid opening to be
held on April 4.
Councilman Losleben seconded the motion.
EQUIPMENT PURCHASES The Council acknowledged receipt of a memo from Public Works
Inspector Pearson recommending that the City Council authorize
the purchase of a 1-11/2 ton riding roller, portable air
compressor and associated jackhammer equipment and a pick-up
truck for the Public Works Department.
After a brief discussion, Acting Mayor Mertensotto moved the
adoption of Resolution No. 77-19, "RESOLUTION AUTHORIZING "
PURCHASE OF EQUIPMENT," and directed the staff to prepare
specifications.
Councilman Schaberg seconded the motion.
Ayes: 4
Nays: 0
LIST OF CLAIMS Councilman Schaberg 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 List of Claims submitted for payment,
March 1, 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.
Ayes: 4
Nays: 0
LICENSES
Ayes: 4
Nays: 0
ADJOURN
Ayes: 4
Nays: 0
ATTEST:
Page 802
March 1, 1977
Acting Mayor Mertensotto moved approval of the list of licenses,
granting licenses to:
Home Heating & Air Conditioning
Larson-Mac
C.E. Van Eckhout Building
Corporation
Inland Development Corporation
B & E Concrete & Masonry
Filkins & Son Excavating
Tonka Cement and Masonry
Lakeville Plumbing & Heating
Councilman Wahl seconded the motion.
Heating Contractor Licens
Heating Contractor Licens
General Contractor
General Contractor
Masonry Contractor
Excavating License
Masonry Contractor
Plumbing License
Licens
Licens
Licens
Licens
There being no further business to come before the Council,
Councilman Losleben moved that the meeting be adjourned.
Councilman Schaberg seconded the motion.
TIME OF ADJOURNMENT: 11:45 o'clock P.M.
Charles E. MektenS-otto
Acting Mayor
■NortAl0/ /
•
‘LAIl
dabaugh
Clerk- reasurer