1977-01-18 Council minutesPage 773
January 18, 1977
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Regular Meeting
Held Tuesday, January 18, 1977
Pursuant to due call and notice theeeof, the regular meeting of the City Council,
City of Mendota Heights was held at 8:00 o'clock P.M. at City Hall, 750 South
Plaza Drive, Mendota Heights, Minnesota.
Mayor Lockwood called the meeting to order at 8:00 o'clock P.M. The following
members were present: Mayor Lockwood, Councilmen Losleben, Mertensotto, Schaberg
and Wahl.
APPROVE Councilman Wahl moved approval of the minutes of the
MINUTES January 4 meeting.
Councilman Schaberg seconded the motion.
Ayes: 5
Nays: 0
Councilman Losleben moved approval of the minutes of the
January 11 special meeting.
Mayor Lockwood seconded the motion.
Ayes: 5
Nays: 0
FEASIBILITY Mayor Lockwood opened the meeting for the purpose of a hearing
HEARING, IVY FALLS on proposed Ivy Falls West Second Addition Improvements. He
WEST SECOND turned the meeting over to Administrator Johnson for a brief
ADDITION history of the proposed improvements. Mr. Johnson noted that
the feasibility study was initiated by petition and that notice
of the hearing was published in the official newspaper and
copies were mailed to all affected property owners. The prpposed
project includes sanitary sewer, water, street and curb and
gutter &nd storm sewer improvements and the associated
appurtenances to serve the area north of Emerson and west of
Clement, east of Wachtler and south of Happy Hollow. He noted
that it is proposed that at the time of the assessment hearing
the entire Ivy Falls West Addition improvements (Phase I, II,
III) be assessed as one total project. Administrator Johnson
noted the several preliminary engineering details and the
estimated costs as follow: sanitary sewer, $96,300 or
approximately $16 to $17 per front foot; sewer services at
$300 each; watermains at $43,200 or approximately $8 to $9 per
front foot; water services at $350 each; storm sewer at $64,800
or approximately $0.11 to $0.12 per square foot; streets,
curb and gutter at $83,500 or approximately $23 to $24 per front
foot. He noted that if the project is approved and completed,
it is anticipated that the assessment hearing will be held in
the summer of 1978.
Mayor Lockwood asked for questions and comments from the
audience.
Mr. Fred Metcalfe, III, 1355 Clement Street, asked how the
assessment formula will effect owners of property abutting the
improvement, azea. Engineer Kishel stated that those properties
already having sanitary sewer and water improvements would not
Ayes: 5
Nays: 0
Ayes: 5
Nays: 0
Page 774
January 18, 1977
be assessed again, however if the new street construction affects
the properties, street construction along the sideyard, those
properties would be assessed according to established policies.
Mr. James Robinson, 790 Emerson Avenue , asked about costs for
curb and gutter along the west end of Emerson, to Wachtler.
Engineer Kishel stated that although Mr. Robinson's property
would not be assessed for the street construction, there would
be an approximate $5 to $6 front foot cost for curb and gutters.
He pointed out that the property owners would be assessed based
on the extent of benefits received.
Mrs. Ione Swanda, 774 Sibley Memorial Highway, was concerned
about the possibility of blasting in her area in connection
with installation of the improvements.
Mayor Lockwood noted that anyone wishing to do so may submit
written comments to City Hall, or they may leave their names
and comments with the Clerk after the hearing.
There being no further questions or comments from the audience,
Councilman Mertensotto moved that the hearing be closed.
Councilman Wahl seconded the motion.
Councilman Mertensotto moved the adoption of Resolution No. 77 -05
"RESOLUTION ORDERING PROPOSED CONSTRUCTION OF STORM SEWER,
SANITARY SEWER, WATER AND STREET IMPROVEMENTS TO SERVE IVY
FALLS WEST - SECOND ADDITION AND ADJACENT AREAS AND ORDERING
PLANS AND SPECIFICATIONS THEREFOR (IMPROVEMENT NO. 75T PROJECT
NO. 3 - IVY FALLS SECOND ADDITION)."
Councilman Losleben seconded the motion.
The Council directed that no work be done by the Engineer on
final plans and specifications until that plat has been recorded
with the County.
COMMISSION Mayor Lockwood noted that appointments and reappointments to
APPOINTMENTS the Planning and Park and Recreation Commissions had been
continued from the January 4 meeting. He advised the Council
that he had received a letter from Lawrence Culligan in
resignation from the Planning Commission.
Ayes: 5
Nays: 0
Ayes: 5
Nays: 0
Councilman Mertensotto moved that Lawrence Culligan's
resignation be accepted, that Cameron Kruse, 902 Cheri Lana,
be appointed to fill the vacancy left by Mr. Culligan, and
that Joseph Stefani and Gregory Quehl be reappointed to the
Planning Commission, the three terms to commence on February 1
and to expire on January 31, 1980.
Councilman Losleben seconded the motion.
Councilman Wahl moved that a letter of commendation and
appreciation be sent to Mr. Lawrence Culligan for his several
years of service on the Planning Commission.
Mayor Lockwood seconded the motion.
Ayes: 5
Nays: 0
TH 110 SERVICE
ROAD
Page 775
January 18, 1977
Councilman Losleben moved that Mrs. Elizabeth Witt be
reappointed to the Park and Recreation Commission, the term
to commence on February 1, 1977 and to expire on January 31, 198C
Councilman Wahl seconded the motion.
Discussion on the appointment for the second expiring Park
Commission term was tabled to February 1.
Mr. Robert Rosas and Mr. Kurt Gobeli, from the Department of
Transportation, were present to outline D.O.T. preliminary plans
for a service road along TH 110 between Hunter Lane and
Lexington Avenue. Mr. Rosas stated that it is the D.O.T.
proposal to construct two 12-foot lanes, and that it would be
the responsibility of the City to acquire at least 50 feet of
additional right-of-way north of the existing right-of-way,
along the proposed alignment. Mr. Gobeli stated that if
everything is approved, the contract could be let in
November or December of 1977 with construction in the spring
of 1978.
The D.O.T. representatives stated that these plans were prepared
on a preliminary staff basis and would still require approval
of the total D.O.T. They further stated that if the service
road is constructed, the Department of Transportation will close
off the existing TH 110 crossover at Hunter Lane. They
outlined the preliminary plans for the TH 13, 55 and 110
interchange and the frontage road as the D.O.T. would propose
it if construction is delayed until the interchange is
constructed. It was pointed out that the proposed service road
is considerably north of the alignment proposed if the
construction is delayed until the total interchange project is
constructed. The Council expressed concern over the distance
between the service road as proposed and the proposed westbound
TH 110.
Mayor Lockwood asked the Department of Transportation people if
it would be impractical to consider the construction as
presently proposed to be a temporary facility which could be
moved onto the new alignment when the balance of the interchange
project is completed. Mr. Rosas stated that financing would be
a problem.: the D.O.T. has a tentative financing schedule of
70% federal funding and 30% state funding. If this portion
is constructed in 1978 using the funding formula as stated, the
City would have to bear the cost of any reconstruction at a
later date.
Mr. Harold Levander, representing Mr. William Mulvihill, asked
Mr. Rosas what additional approvals will be necessary prior to
bid letting. Mr. Rosas stated that tentative funding is
arranged and that the project has the tentative approval of the
District Engineer and D.O.T. central office staff. He sees
no problem in getting approvals of all concerned prior to a
November or December 1977 bid letting. He pointed out that a
Page 776
January 18, 1977
firm agreement from the City will be required prior to
commencement of anything more than very preliminary D.O.T. work.
Mayor Lockwood and the Council members expressed their
appreciation to Mr. Rosas and Mr. Gobeli for their presentation
and cooperation.
RECESS Mayor Lockwood called a recess at 9:40 o'clock P.M.
The meeting was readjourned at 10:05 o'clock P.M.
COMMUNICATIONS
SUBURBAN RATE
AUTHORITY
Ayes: 5
Nays: 0
Mayor Lockwood expressed his concern over the wasted space
between the frontage road (if it is built in 1978) and the
proposed future westbound TH 110. He again expressed concern
over the need for an additional 50 feet of right-of-way.
Councilman Mertensotto noted that one of the main differences
between construction in 1978 and construction in 1981 would be
that 1978 construction would require the City to dedicate the
additional right-of-way; in 1981 the D.O.T. would have to
purchase the right-of-way.
The Council acknowledged and briefly discussed a letter from
the Pollution Control Agency regarding public meetings which
will be Conducted on hazardous waste sites.
The Council acknowledged receipt of a letter from the Suburban
Rate Authority requesting Council designation of a director
and alternate director to the S.R.A. to represent the City.
Mayor Lockwood moved the adoption.of=Resolution No. 77-06,
"RESOLUTION DESIGNATING DIRECTOR AND ALTERNATE DIRECTOR TO
SUBURBAN RATE AUTHORITY," designating Administrator Johnson as
director and Councilman WATil as alternate director.
Councilman Schaberg seconded the motion.
DEPARTMENT The Council acknowledged receipt of the Fire Department
REPORT monthly report for December, 1976.
TAX FORFEIT The Council discussed a memo from the City Administrator
PROPERTY regarding a County request for Council concurrence in the
non-conservation classification of two parcels of tax forfeit
property. Administrator Johnson recommended that Parcel No.
27-71050-440-00 be approved as non-conservation classification
and that the County be requested to retain the conservation
classification for Parcel #27-02300-040-52. It was further
recommended that the County be petitioned to transfer this
parcel to City ownership.
Councilman Wahl moved that Parcel No. 27-71050-440-00 be
approved as non-conservation land, that the County be requested
to retain the conservation classification for Parcel No.
27-02300-040-52 , and that the County be requested:to submit
to the City the forms necessary for conveyance of Parcel
No. 27-02300-040-52 to the City.
Councilman Mertensotto seconded the motion.
Ayes: 5
Nays: 0
Page 777
January 18, 1977
Councilman Losieben was temporarily excused from the meeting
at 10:30 P.M.
FEASIBILITY STUDY, The Council acknowledged receipt of the feasibility study for
MAYFIELD HEIGHTS proposed Mayfield Heights Lane improvements. Engineer Kishel
LANE IMPROVEMENTS outlined the report and expressed serious concern over drainage
problems in the area. He recommended that the Council consider
establishing a drainage district for feasibility hearing
purposes, including Mayfield Heights Road and the Tilsen
Highland Heights area in the district. The Council concurred
in this recommendation.
Ayes: 4
Nays: 0
MISCELLANEOUS
After a brief discussion, Councilman Mertensotto moved the
adoption of Resolution No. 77-07, "RESOLUTION ACCEPTING
ENGINEER'S REPORT AND CALLING FOR HEARING ON PROPOSED CONSTRUC-
TION OF SANITARY AND STORM SEWER, WATER AND STREET IMPROVEMENTS
TO SERVE MAYFIELD HEIGHTS LANE AND ADJACENT AREAS," the
hearing to be held on March 1.
Councilman Wahl seconded the motion.
The Council acknowledged receipt of the Engineering Status
Report for December, 1976.
Councilman Losieben resumed his position on the Council at
10:45 o'clock P.M.
SONS OF JACOB Mayor Lockwood noted that the Sons of Jacob application for
conditional use permit had been continued from December 21.
Councilman Losleben informed the Council that the Sons of
Jacob representatives and Mr. William Mulvihill and his
representative had reached agreement over the purchase of the
Mulvihill property. The agreement must now be approved by the
Board of the Congregation of the Sons of Jacob.
Mr. Harold Levander, representing Mr. Mulvihill, stated that the
Mulvihills would have no objection to issuance of the
conditional use permit after receipt of notification that the
Congregation board agrees upon the terms of the agreement
between Mr. Mulvihill and the Sons of Jacob representatives.
Councilman Mertensotto noted that although the two parties had
reached an agreement in principle over the property sale, the
City would require (1) dedication of the additional right-of-
way, required by the Department of Transportation for frontage
road construction, and (2) when the frontage road is built,
the Sons of Jacob must agree to close off the northern, access
to the parking lot, as two of the conditions of approval.
Mr. Ed Fink, representative of the Sons of Jacob, stated that
he did not anticipate any difficulty over dedicating the
original right-of-way and that the Sons of Jacob would have to
use the northern access until the frontage road is completed
but would close off the access at that time.
Ayes: 5
Nays: 0
FRONTAGE ROAD
Ayes: 5
Nays: 0
SEWER SERVICE
CHARGE STUDY
Ayes: 4
Nays: 1 Mertensotto
Page 778
January 18, 1977
Mr. Roger Sundgard, 1933 Hunter Lane, stated that the purchase
of the Mulvihill property is only part of the residents'
concern, that the residents are concerned over traffic on
Hunte r Lane and Orchard Place. He stated that the residents
want issuance of the building permit to be delayed until the
frontage road is completed. Several other residents requested
the Sons of Jacob to place the parking lot at the south of the
building rather than the currently proposed northern location.
Mayor Lockwood responded to Mr. Sundgard's suggestion, stating
that it would be unreasonable to predicate issuance of the
building permit upon completion of the frontage road.
Councilman Mertensotto moved the adoption of Resolution No. 77-
08, "RESOLUTION APPROVING CONDITIONAL USE PERMIT FOR CONGREGATIC
OF SONS OF JACOB AND ESTABLISHING CONDITIONS THEREFORE,"
incorporating the conditions outlined in the September 28
Planning Commission minutes and including the following:
consummation of the agreement between the Sons of Jacob and
Mr. Mulvihill; and dedication of right -of -way from the Sons
of Jacob over the Mulvihill property and synagogue property
as is necessary for the construction of the frontage road.
Councilman Losleben seconded the motion.
Councilman Losleben urged the Council to direct the City
Engineer to prepare a feasibility report on the frontage road.
Several members of'-the Council expressed concern over the cost
and property loss (right -of -way) impact on the City.
Councilman Losleben moved that the City Engineer, Planner and
Administrator be directed to prepare an impact study on the
frontage road, reflecting amon4 other things, feasibility and
cost to the City.
Councilman Schaberg seconded the motion.
The Council directed the City Administrator to notify the
Department of Transportation of the Council action.
Administrator Johnson outlined the second supplement to the
sewer service charge study, pointing out that the recommendation
is to retain the $9.35 /Quarter minimum rate and charge
32/100 CF for water useage over 29 100 C.F. -:for residential
users and a Commercial /Industrial /Institutional charge of
32100 CF of water useage or $12.80 per quarter, whichever
is greater.
After a brief discussion, Mayor Lockwood moved that the City
Attorney be directed to prepare an Ordinance amending Ordinance
No. 801 in accordance with the recommendation contained in the
second supplement to the Sewer Service Charge Study.
Councilman Losleben seconded the motion.
MUNICIPAL MATTERS
DESTRUCTION OF
RECORDS
Ayes: 5
Nays: 0
Page 779
January 18, 1977
The Council briefly discussed the City Administrator's memo
on municipal matters of concern. Administrator Johnson
requested the Council members to submit additional items to
be included in matters to be considered. Further discussion
was tabled to February 1.
The Council acknowledged receipt of a memo and proposed
resolution from the City Clerk requesting authorization to
dispose of certain City records (as outlined in the memo
and resolution). After a brief discussion, it was the Council
concensus that the resolution and memo should be amended,
deleting item "e" relating to the destruction of building
plans and the portion of item "f" relating to the
destruction of building permits.
Mayor Lockwood moved the adoption of Resolution No. 77-09,
"RESOLUTION APPROVING DESTRUCTION OF RECORDS AND DIRECTING
CLERK-TREASURER TO APPLY FOR ORDER OF AUTHORIZATION," as
amended.
Councilman Wahl seconded the motion.
LIST OF CLAIMS Councilman Losieben moved the adoption of the following motion:
Ayes: 5
Nays: 0
LICENSES
Ayes: 5
Nays: 0
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,
January 18, 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 Schaberg seconded the motion.
Councilman Wahl moved approval of the list of licenses, granting
licenses to:
Valley Aire, Inc. Heating Contractor License
Councilman Losleben seconded the motion.
RUBBISH HAULER Mayor Lockwood moved that Rubbish Hauler Licenses be approved
LICENSES for the following:
A.A. Rubbibh Service, Inc.
Action Disposal System, Inc.
Marv's Rubbish
Mendota Heights Rubbish Service, Inc.
James Nitti Trucking
Ayes: 5
Nays: 0
CIGARETTE
LICENSES
Ayes: 5
Nays: 0
Page 780
January 18, 1977
Ben Oehrlein & Sons
Troje's Trash Pickup, Inc.
Councilman Schaberg seconded the motion.
Councilman Losleben moved that cigarette licenses be granted
to the following:
Country Club Markets, Inc.
Employees' Party Club
Fischer's "66"
Mendakota Country Club
Mendota Heights Standard
Par 3 Golf, Inc.
Snyders Drug Stores, Inc.
Somerset Country Club
Councilman Wahl seconded the motion.
MALT BEVERAGE Councilman Wahl moved that a one-day on-sale 3.2 malt
LICENSE beverage license be granted to St. Peter's Church for
February 5, 1977.
Councilman Schaberg seconded the motion.
Ayes: 5
Nays: 0
BUILDING PERMIT ' The Council acknowledged receipt of a letter from the
EXTENSION McDonald's Corporation requesting an extension on the building
permits for the Mendota Heights McDonald's Restaurant.
Ayes: 5
Nays: 0
ADJOURN
Ayes: 5
Nays: 0
ATTEST:
After a brief discussion, Councilman Wahl moved that the
request be approved, granting a ninety-day extension on_the
building permits for the McDonald's restaurant.
Councilman Schaberg seconded the motion.
There being no further business to come before the Council,
Mayor Lockwood moved that the meeting be adjourned.
Councilman Mertensotto seconded the motion.
A0011)
TIME OF ADJOURNMENT: 11:5. e .ck P.M.
41C/. 4 A(
C M. ,:dabaugh
Clerk
Robert G. Lockwood
Mayor