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1976-08-03 Council minutesPage 709 August 3, 1976 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, August 3, 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 the City Hall, 750 South Plaza Drive, Mendota Heights, Minnesota. Acting Mayor Lockwood called the meeting to order at 8:00 o'clock P.M. The following members were present: Acting Mayor Lockwood, Councilmen Losleben, Mertensotto and Wahl. Mayor Huber had notified the Council that he would be out of town. APPROVE Councilman Wahl moved approval of the minutes of the July 20 MINUTES meeting. Councilman Mertensotto seconded the motion. Ayes: 4 Nays: 0 SIGN ORDINANCE Ayes: 4 Nays: 0 SHADE TREE DISEASE CONTROL Ayes: 4 Nays: 0 Councilmen Losleben moved the adoption of Ordinance No. 137, "AN ORDINANCE ESTABLISHING STOP AND YIELD INTERSECTIONS WITHIN THE CITY OF MENDOTA HEIGHTS," Councilman Mertensotto seconded the motion. Administrator Johnson stated that he has studied the expenditures for the first 6 months of 1976 and the estimated budget needs for the last 6 months of the year. It is anticipated that a savings of some $15,500 will have resulted in the 1976 budget as a result of the delays in employment of a Police Chief and Public Works Supervisor. Mr. Johnson pointed out that $6,024 of this amount will be allocated as the Divine Redeemer ambulance service subsidy, leaving an anticipated net unallocated budget amount of approximately $9,000. He recommended that $5,000 of this amount be set aside for the removal and disposal of diseased trees on public property. He reminded the Council of the 31 diseased trees which should be removed and the 35 trees which will be removed as part of the Clement/Vandall improvement project. The Council discussed the matter at length, including concerns on what would be a proper amount of money to be set aside for control of Dutch Elm Disease and the possibility of treating diseased trees chemically. Acting Mayor Lockwood moved that the City Council authorize an expenditure of a maximum of $5,000 for the control and removal of diseased trees (on public property), conditioned upon 10% of the expenditure being allocated for an experimental chemical treatment program. Councilman Losleben seconded the motion. IVY FALLS WEST ADDITION Ayes: 4 Nays: 0 Page 710 August 3, 1976 Mr. James Riley was present to request approval of the final plat for the Ivy Falls West Addition (South Half). The City Administrator advised the Council that a developer's agreement has been prepared and that the park contribution for the plat has been recommended at $400 per lot ($5,600 total). Mr. Riley requested that the City set aside the $5,600 and the amount which will be contributed for the north half of the plat and allow him to construct tennis courts from this amount within the plat. Acting Mayor Lockwood pointed out that the matter should properly be brought to the attention of the Park and Recreation Commission, however, it is the policy of the Council to put all park contributions into the Park Fund. The money is then utilized for capitol expenditures for park purposes. After a brief discussion, Councilman Losleben moved that the final plat for the Ivy Falls West Addition (south half) be approved and that the Mayor and City Clerk be authorized to execute the final plat and the developer's agreement. Acting Mayor Lockwood seconded the motion. COMMUNICATIONS The Council acknowledged receipt of letters from the following residents in objection to proposed assessments: CURBING REQUESTS E.J. Schway and Par 3 Golf, Inc. Eagle Ridge Association Mrs. Albertine Franzmeier, 2180 South Lexington Avenue Mr. & Mrs. Rodney Flo, 2170 South Lexington Avenue Mr. Emilio Fedeli, 698 Bachelor Avenue The Council acknowledged receipt of a report from the City Planner regarding the July 22 Environmental Impact Study hearing on I-35E. The Council acknowledged receipt of a letter from Mr. David J. Felling, 1035 View Lane, requesting that concrete curbing be extended to the end of his property line (in conjunction with the Northeast Area improvement project). Public Works Inspector Pearson stated that several other residentwof the area had recently contacted him with similar requests. He explained a map showing the locations of the curbing as is currently contained in the contract for the improvement project, and showing locations of the homes for which the curbing extensions have been requested. In addition to Mr. Felling, the following persons were present and requested curbing: Mr. & Mrs. Vernon Peterson, 1055 Esther Lane, Mr. & Mrs. Wilfred Oster, 1068 Esther Lane. Mr. James Bayer, 1038 View Lane stated that if the curbing in front of 1035 View Lane is approved, he would also like curbing extended in front of his home to the end of his property line. After a lengthy discussion, Councilman Losleben moved that curbing extensions as requested by the property owners at 1035 View Lane, 1038 View Lane, and 1068 Esther Lane be approved and that this be included in the construction of the northeast area improvement project. Ayes: 4 Nays: 0 COMMUNICATIONS Page 711 August 3, 1976 Councilman Mertensotto seconded the motion. The Council acknowledged receipt of a letter from Mrs. Sylvia Swenson, 1821 Dodd Road objecting to solicitations by religious cults in public areas. PLANNING COMMISSION The Council acknowledged receipt of the minutes of the July 27 Planning Commission meeting. CASE No. 76-11, SMITH Ayes: 4 Nays: 0 CASE NO. 76-12, DIDION Ayes: 4 Nays: 0 Mr. J.B. Smith was present to request approval of his application for conditional use permit to fill a pond. The pond is located on a 6.54 acre tract of land west of Pilot Knob Road and north of Perron Road. The Council briefly discussed the matter and noted that the conditions attached to the permit should include a requirement for approval of the final grading plan by the City Engineer and a requirement that only "clean" fill be used. Councilman Wahl moved the adoption of Resolution No. 76-56, "RESOLUTION APPROVING CONDITIONAL USE PERMIT." Councilman Losleben seconded the motion. Mr. Herbert Didion was present to request approval of his application for subdivision of Lot 3, Block 2, J.H. Morrison's Addition. The Council discussed the matter briefly, advising Mr. Didion that if the subdivision is approved, the assessments for the second lot, which had been deferred, would be payable upon sale of the property. The Council discussed with Mr. Didion the requirement for park contribution. Councilman Mertensotto moved approval of the application for subdivision, a park contribution of $400 to be payable prior to issuance of a building permit for the new lot. Councilman Wahl seconded the motion. CASE NO. 76-13, Mr. David Heutmaker, 700 Second Avenue, was present to request HEUTMAKER approval of his application for front yard setback variance to allow construction of an attached garage on the west side of his home, 21 feet from the property line at the north edge of the garage, and 17 feet from the property line at the south edge of the garage. After a brief discussion, Councilman Wahl moved approval of the application for variance. Acting Mayor LOckwood seconded the motion. Ayes: 4 Nays: 0 BUILDING INSPECTOR COMPENSATION Ayes: 3 Nays: 1 Lockwood PUBLIC WORKS FACILITY CHANGE ORDERS Ayes: 4 Nays: 0 Page 712 August 3, 1976 Administrator Johnson outlined his memo regarding increased compensation for the Building Inspector. It is propesed to increase the monthly retainer from $150 per month to $450 per - - month, the $5.00 per inspection fee to remain the same. The Council discussed the matter at length. Acting Mayor Lockwood stated that although he agrees an increase is appropriate, he disagrees with such a large increase and retroactive pay. After a brief discussion, Councilman Wahl moved approval of the Building Inspector compensation increase as proposed, retroactive to January 1, 1976. Councilman Mertensotto seconded the motion. The Council acknowledged receipt of a proposed resolution to initiate a referendum for a proposed public works garage. Administrator Johnson pointed out that the Council had received several memos regarding the proposed facility, including reports from the City Planner, Engineer, and a financing schedule prepared by the Financial Advisor. He also gave the Council a history of the garage facility proposal and recommended the adoption of the proposed resolution so that a serious publicity program can be initiated prior to the November election. It was the concensus of the Council that there is a demonstrated need for the facility. There was considerable discussion - on additional Task Force Committee input, site selection and acquisition considerations and financing considerations. Councilman Losleben stated that he feels that the Task Force Committee has not completed the duties established and set forth in the Space Study and should become more involved, particularly in regard to siting. After a lengthy discussion, Councilman Losleben moved that the Public Works Garage referendum not be placed on the November ballot. Councilman Wahl seconded the motion. Acting Mayor Lockwood suggested that Councilman Losleben meet with the Chairman of the Task Force Committee to determine whether the Committee feels that their portion of the public works facilities program plan has been completed or if their additional involvement is desireable at this time. Councilman Wahl withdrew his second to the motion. Councilman Losleben withdrew the motion. The matter was tabled to August 17. Councilman Mertensotto moved the approval of Change Order No. 1 to the contract for Improvement No. 75, Project No. 8 (Northeast Area) for the removal of 5 diseased trees, in the amount of $875. Councilman Losleben seconded the motion. Page 713 August 3, 1976 Acting Mayor Lockwood moved the approval of Change Order No. 4 to the contract for Improvement No. 73, Project No. 2 (Marie Avenue, Dodd to Victoria) in the amount of $4,330 to alleviate a frost heaving condition. Councilman Wahl seconded the motion. Ayes: 4 Nays: 0 BROMPTON COURTS The Council acknowledged receipt of a feasibility report on ADDITION proposed improvements to serve the Brompton Courts Addition. Discussion on the matter was tabled to August 17. IVY FALLS WEST Councilman Mertensotto moved the adoption of Resolution No. 76-57, ADDITION "RESOLUTION ACCEPTING FEASIBILITY REPORT AND ORDERING SANITARY SEWER, WATER AND STREET IMPROVEMENTS FOR THE RILEY IVY FALLS WEST ADDITION AND ORDERING PLANS AND SPECIFICATIONS THEREFORE (IMPROVEMENT NO. 75, PROJECT NO. 3, STAGE u)." Councilman Wahl seconded the motion. Ayes: 4 Nays: 0 LIST OF CLAIMS Acting Mayor Lockwood moved the adoption of the following motion: Ayes: 4 Nays: 0 CIGARETTE LICENSE Ayes: 4 Nays: 0 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 3, 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 Losleben moved that a cigarette license be granted to Hannigan's Kwik Shop. Councilman Wahl seconded the motion. MALT LIQUOR LICENSE Acting Mayor Lockwood moved that a 3.2 off-sale malt liquor license be granted to Hannigan's Kwik Shop. Councilman Losleben sedondeMthe motion. Ayes: 4 Nays: 0 LICENSES Councilman Wahl moved approval of the list,of licenses, granting licenses to: Carlson Sewer Des Lauriers Company Dependable Excavating Excavating-License Excavating License Excavating License Ayes: 4 Nays: 0 ADJOURN Ayes: 4 Nays: 0 ATTEST: Page 714 August 3, 1976 E.T. Hughes Construction Complete Air Heating & Cooling, Inc. Fredrickson Heating & Air Conditioning Fred Vogt & Company Aquarius Heating and Plumbing Thompson Plumbing Company Project Plumbing Company General Contractor License Heating License Heating License Heating License Plumbing License Plumbing License Plumbing License Acting Mayor Lockwood seconded the motion. There being no further business to come before the Council, Acting Mayor Lockwood moved that the meeting be adjourned. Councilman Mertensotto seconded the motion. TIME OF ADJOURNMENT: 12:12 o'clock A.M. Robert G. Lockwood Acting Mayor