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1976-08-17 Council minutesPage 718 August 17, 1976 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, August 17, 1976 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 City Hall, 750 South Plaza Drive, Mendota Heights, Minnesota. Mayor Huber called the meeting to order at 8:00 o'clock P.M. The following members were present: Mayor Huber, Councilmen Lockwood, Losleben, Mertensotto and Wahl. APPROVE Councilman Wahl moved approval of the minutes of the MINUTES July 27 meeting. Councilman Losleben seconded the motion. Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 FINAL PAYMENTS Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 ASSESSMENT ROLLS Councilman Lockwood moved approval of the minutes of the August 3 meeting as corrected. Councilman Losleben seconded the motion. Councilman Losleben moved approval of the minutes of the August 10 meeting. Councilman Wahl seconded the motion. Councilman Lockwood moved the adoption of Resolution No. 76-58, "RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT (IMPROVEMENT NO. 74, PROJECT NO. 2)," approving the final payment of $8,284.99 to the Robert W. Moore Company for the Orchard/Hunter Lane project. Councilman Wahl seconded the motion. Councilman Wahl moved the adoption of Resolution No. 76-59, "RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT (IMPROVEMENT NO. 75, PROJECT NO. 3)," approving the final payment of $3,586.71 to Fischer Sand and Aggregate for the Ivy Falls West (Phase I) project. Councilman Losleben seconded the motion. Administrator Johnson outlined his memo in response to special assessment objections on the Cullen Avenue, Bachelor Avenue and Marie Avenue improvements projects. The memo included recommendations on each of the objections and a proposed special assessment deferment schedule for street assessments. Page 719 August 17, 1976 CULLEN AVENUE The Council briefly discussed the staff recommendation that the Cullen Avenue assessment roll be approved as proposed. Ayes: 5 Nays: 0 BACHELOR AVENUE Ayes: 5 Nays: 0 Councilman Wahl moved the adoption of Resolution No. 76 -60, "RESOLUTION ADOPTING ASSESSMENT ROLL FOR CULLEN AVENUE IMPROVEMENTS (IMPROVEMENT NO. 75, PROJECT NO. 5)." Mayor Huber seconded the motion. Mr. Emilio Fedeli was present regarding his storm sewer assessment objection. City Engineer Kishel explained that the lot drains totally into the storm sewer system and recommended that the assessment remain as proposed. Administrator Johnson noted that the correction of possible drainage problems at Mr. Fedeli's driveway should be considered from a repair standpoint and needs further investigation. It was the Council concensus that the assessment should remain as proposed and the Administrator was directed to look into the driveway drainage problem. The Council spent a considerable amount of time discussing the street assessment policy as well as proposed storm sewer deferment considerations. It was the recommendation of staff that storm sewer assessments not be deferred and that deferments of street assessments be based on the type of property being assessed, i.e., open space or undeveloped, agricultural land with a minimum of 10 acres and 660 feet of frontage. There was also considerable discussion on the levying of assessments in the future on property which has received deferments. It was the concensus that no change should be made regarding interest being charged on previously deferred assessments. Mr. Eugene Schway, representing Par 3 Golf Course, was present regarding the Golf Course objection to proposed assessments. Mr. Schway stated that the golf course strongly objects to the assessment proposed for storm sewer construction, particularly because a large portion of the storm water currently runs into the golf course pond. He pointed out that the golf course has given easements to the City at no charge in the past and that this policy would continue as long as the requested easements will not affect the operation of the golf course. After a lengthy discussion regarding the Par ' :3 Golf Course proposed assessments, Mayor Huber moved the following: that the Council defer the making of the storm sewer, sanitary sewer and water assessments and 75% of the street assessments against the east half of the Par 3 Golf Course, and that 25% of the street assessment, in the amount of $7,645.00 be assessed. Councilman Mertensotto seconded the motion. Engineer Kishel noted that as a result of a request from Mr. John Fahey, a review was made of the proposed assessment on his property. The study revealed that there had been a property description discrepancy on Mr. Fahey's lot and Mr. A.J. Mathe's lot. As a result, the assessments proposed for both parcels were corrected on the assessment roll. Ayes: 5 Nays: 0 MARIE AVENUE, DODD TO VICTORIA Ayes: 5 Nays: 0 Page 720 August 17, 1976 Councilman Lockwood moved the adoption of Resolution No. 76-61, "RESOLUTION ACCEPTING ASSESSMENT ROLL FOR BACHELOR AVENUE IMPROVEMENTS (IMPROVEMENT NO. 74, PROJECT NO. 7)." Councilman Losleben seconded the motion. The Council discussed staff recommendations on the objections to the proposed Marie Avenue assessment roll. Mr. Rollin Crawford, representing Mr. Reynolds Guyer, stated that Mr. Guyer objects to the proposed assessmend of $6,800 against his property at 765 Willow Lane. He pointed out that the property consists of approximately 21/2 acres, and that the property fronts on both Marie Avenue and Willow Lane. He requested that the Council consider either a deferment or reduction in the assessment. He further noted that there is a deed restriction which would not allow the portion of the property on Marie Avenue to be subdivided and that consequently Mr. Guyer does not receive any benefit from the street improvement., It was pointed out that the Council has not seen the deed restriction and it was the Council concensus that the street assessment policy should be adhered to. Also, it was noted that the Council had deferred the making of a portion of a sanitary sewer assessment for this parcel under a previous improvement project. There was also discussion on assessing the previously deferred sanitary sewer assessment. The Council advised Mr. Crawford that if the proposed assessment roll is adopted Mr. Guyer will have 20 days in which to appeal the assessment and if a reasonable basis for deferment is made during that time the Council can still defer making a portion or all of the assessment. Mr. David McCloud and Dr. C.N. McCloud were present regarding their objection to the proposed assessment on their property. After a lengthy discussion, Councilman Wahl moved the following: that the storm sewer assessment be assessed as proposed and that 25% of the proposed street assessment be_assessed, and that the Council defer the making of the sanitary sewer and water assessments and 75% of the street assessment. Mayor Huber seconded the motion. Mr. Richard Leyh and representatives of the Eagle Ridge Association were present regarding the Association's objection to the proposed Marie Avenue assessment. Mr. Leyh informed the Council that although the Association is still opposed to the assessment as proposed, they would not fight the assessment if it is levied. Ayes: 5 Nays: 0 LEXINGTON AVENUE PETITION Ayes: 5 Nays: 0 FINAL PLAT Ayes: 5 Nays: 0 Page 721 August 17, 1976 Councilman Mertensotto moved the adoption of Resolution No. 76-62, "RESOLUTION ADOPTING ASSESSMENT ROLL FOR MARIE AVENUE IMPROVEMENTS FROM DODD ROAD TO VICTORIK:AVENUE (IMPROVEMENT NO. 73, PROJECT NO. 2)." Councilman Lockwood seconded the motion. The Council acknowledged receipt of a petition from residents in the Curley Valley View area objecting to the noise generated by truck traffic on South Lexington Avenue. In the petition the residents urged the Council to request the County and State to designate Lexington Avenue between T.H. 110 and T.H. 55 as a non-truck traffic route. Mr. Harlan Anderson summarized the various noise tests he had conducted and stated that he had contacted County and State officials regarding the requested designation and had met with favorable reactions. After a brief discussion, Mayor Huber moved the adoption of Resolution No. 76-64, "RESOLUTION REQUESTING NON-TRUCK - ROUTE DESIGNATION." Councilman Losleben seconded the motion. Mr. Jerry McGough was present to request approval of the final plat for the Brompton Courts Addition. Engineer Kishel noted that the final plat did not reflect a necessary easement. After a brief discussion, Mayor Huber moved the adoption of Resolution No. 76-63, "RESOLUTION APPROVING FINAL PLAT FOR BROMPTON COURTS ADDITION," and that the Mayor and Clerk be authorized to execute the plat after the easement is drawn on the plat. Councilman Losleben seconded the motion. FEASIBILITY REPORT The Council briefly discussed the feasibility report on improvements to serve the Brompton Courts Addition which was received on August 3. Mr. Kishel pointed out that there are three possible alternatives for storm sewer construction. It was the concensus of the Council that scheme 2, construction of a pipe line from Brompton Place along the existing drainage draw to the 48 inch pipe north of the pond be used. Councilman Mertensotto moved the adoption of Resolution No. 76-66, "RESOLUTION ACCEPTING FEASIBILITY REPORT, ORDERING SANITARY AND STORM SEWER, WATER AND STREET, CURB AND GUTTER IMPROVEMENTS TO SERVE BROMPTON COURTS ADDITION AND ORDERING PLANS AND SPECIFICATIONS THEREFORE (IMPROVEMENT NO. 76, PROJECT NO. 1)." Councilman Losleben seconded the. motion. Ayes: 5 Nays: 0 PUBLIC WORKS FACILITY Page 722. August 17, 1976 Richard Leyh, Chairman of the Municipal Facilities Task Force Committee and other members of the Committee were present to discuss the proposed public works facility. The Council noted that it is the Council concensus that the facility is necessary however no action has been taken on a bond issue referendum. Mr. Leyh stated that the Task Force is in favor of the facility and would support a bond issue and work hard to see that the referendum is passed. He suggested however that the City consider having a contractor construct a facility and then lease the facility for a specified period of time. In any event, he urged that a site be chosen and purchased in the near future. Administrator Johnson pointed out that payments on the lease would have to be made from the budget for each year and that if this is done, other services would have to be dropped. The Council directed the City Attorney to research the possibility of a long-term lease, and referred the matter back to the Task Force Committee and City Administrator, requesting that the committee make a recommendation to the Council at the September 7 meeting if possible. ST. PAUL WATER After a brief discussion, Councilman Mertensotto moved the CONTRACT AMENDMENT adoption of Resolution No. 76-65, "RESOLUTION APPROVING WATER SERVICE CONTRACT AMENDMENT," and authorized the Mayor and Clerk to execute the amendment. Councilman Losleben seconded the motion. Ayes: 5 Nays: 0 COMMUNICATIONS The Council acknowledged receipt of a memo from the League of Minnesota Municipalities regarding 1977 membership. The Council also acknowledged receipt of a memo from the Association of Metropolitan Municipalities regarding Board vacancies, By-Laws and Housing Guide Recommendations. DEPARTMENT REPORTS The Council acknowledged receipt of the Police Department and Fire Department monthly reports for July, 1976. COMMISSION REPORTS The Council acknowledged receipt of the Park and Recreation Commission minutes for July 28, 1976. PERSONNEL After a brief discussion, Councilman Wahl moved the adoption of Resolution No. 76-67, "RESOLUTION AMENDING RESOLUTION NUMBER 73-93, SECTION 5, PROBATIONARY PERIOD." Councilman Losleben seconded the motion. Ayes: 5 Nays: 0 After a brief discussion, Councilman Losleben moved that Richard E. Munson be appointed Police Patrolman at a salary of $1,013 per month, the appointment to be effective September 1. Councilman Lockwood seconded the motion. Ayes: 5 Nays: 0 ABSENTEE BALLOT PRECINCT Ayes: 5 Nays: 0 LIST OF CLAIMS Ayes: 5 Nays: 0 LICENSES Ayes: 5 Nays: 0 ELECTION JUDGES Ayes: 5 Nays: 0 ADJOURN Ayes: 5 Nays: 0 ATTEST: Page 723 August 17, 1976 Mayor Huber moved the adoption of Ordinance No. 137 (Codified as Ordinance No. 112), "AN ORDINANCE ESTABLISHING AN ABSENTEE BALLOT PRECINCT," establishing the City Hall as the polling place for absentee ballots. Councilman Losleben seconded the motion. Mayor Huber moved the adoption of the following motion: RESOLVED, that the claims submitted to the City Council for payment, a summary of which is attached hereto and identified as List of Claims submitted for payment, August 17, 1976, having been audited by the City Council be and are hereby allowed and the Mayor and Clerk-Treasurer are hereby authorized and directed to issue checks in payment of said claims. Councilman Losleben seconded the motion. Councilman Wahl moved approval of the list of licenses, granting licenses to: J.R. Walker & Sons, Inc. Erickson Plumbing & Heating, Inc. Gilbert & Sons Plywood Minnesota, Inc. Centraire, Inc. Hinding & Company Langer Construction Company Schlagel Construction Andretta Brothers Erickson Plumbing & Heating, Inc. Excavating License Excavating License General Contractor License General Contractor License Heating License Heating License Masonry License Masonry License Masonry License Plumbing License Councilman Lockwood seconded the motion. Mayor Huber moved approval of the list of election judges to serve in the September 14 Primary Election. Councilman Losleben seconded the motion. There being no further business to come before the Council, Councilman Mertensotto moved that the meeting be closed. Councilman Wahl seconded the motion. TIME OF ADJOURNMENT: 12s:02 i. . 4„4:e 2 A abaugh Donald L. Huber Mayor Clerk- rea:sureri