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1976-07-20 Council minutesPage 699 July 20, 1976 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, July 20, 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 8:05 o'clock P.M. The following members were present: Mayor Huber, Councilmen Lockwood, Losleben, Mertensotto and Wahl. APPROVE MINUTES Ayes: 5 Nays: 0 Councilman Losleben moved the approval of the minutes of the July 6 meeting as corrected. Councilman Wahl seconded the motion. ABATEMENTS County Assessor O'Toole was present to request approval of abatements. Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 SIGN ORDINANCE Mayor Huber moved that an abatement be granted to Ray R. and Marilyn V. Klassen for Parcel No. 27-28400-080-01, reducing the assessed value from 47644 to 7880 Residential and 37238 Commercial for taxes payable in 1976. Councilman Losleben seconded the motion. Councilman Lockwood moved that an abatement be granted to Darrel J. Gubrud for Parcel No. 27-37600-110-06, reducing the assessed value from 32560 in 1974 to 29729 for taxes payable in 1975 and reducing the assessed valuation from 35996 to 32872 for taxes payable in 1976. Councilman Mertensotto seconded the motion. Mayor Huber opened the meeting for the purpose of a hearing on a proposed ordinance establishing stop and yield intersections. Mayor Huber turned the meeting over to staff members for additional information. Administrator Johnson explained the history Of the proposed ordinance, stating that it has been under consideration since the City entered into a uniform regulatory sign agreement with the state. Public Works Inspector Pearson explained that the location and types of signs (stop or yield) listed in the proposed ordinance were determined based on-ckiteria established in the guidelines for traffic sign inventory manual as well as the traffic engineer's report, police reports, present sign locations and neighborhood environments. He Page 700 July 20, 1976 explained a map pinpointing the sign locations for the Council and audience. Councilman Mertensotto asked why state and county signs are not recognized in the ordinance and suggested that this should be included. Councilman Lockwood questioned the need for a series of signs on Sylvandale between TH 13 and Maple Park Drive, and the Council discussed the matter at length. It was the concensus that the signing on Sylvandale be reviewed after completion of Emerson Avenue and London Road so that signing on all three streets will be consistent. Councilman Wahl questioned the placement of a yield rather than stop sign on Marie and Ridgewood. Mayor Huber asked for questions and comments from the audience. There being no questions or comments from the audience, Councilman Mertensotto moved that the hearing be closed. Councilman Lockwood seconded the motion. Ayes: 5 Nays: 0 The hearing was closed at 9:08 o'clock P.M. Councilman Mertensotto moved that the City Attorney be directed to prepare a final draft of the ordinance with the following changes: Section 1 should recognize the County and State authority to place regulatory signs, and the last section should state that the ordinance supersedes any similar ordinance or resolution previously adopted. Councilman Lockwood seconded the motion. Ayes: 5 Nays: 0 PLANNING COMMISSION Mayor Huber acknowledged receipt of written recommendations APPOINTMENT from Councilmen regarding possible candidates for appointment to the Planning Commission. The candidates recommended were Gregory Quehl, 691 Third Avenue, and Cameron Kruse, 902 Cheri Lane. Ayes: 5 Nays: 0 COMMUNICATIONS After a brief discussion, Councilman Wahl moved that Gregory Quehl be appointed to the Planning Commission to complete the unexpired term of Daniel Schneeman (expires January 31, 1977). Mayor Huber seconded the motion. The Council acknowledged receipt of an invitation from Dakota County to attend an open house at the new highway shop on July 17. The Council acknowledged receipt of a petition and waiver of hearing from Mr. Jerome McGough for improvements to serve the Brompton Courts Addition. Page 701 July 20, 1976 ACACIA PARK The Council acknowledged receipt of a letter from Carl Cummins CEMETERY relative to the Acacia Park Cemetery request for approval of a building permit to construct a maintenance building. It was noted that the Council has been willing to discuss the matter with the Acacia Park Cemetery people in the past but that there has been no response from the Acacia Park representatives relative to meeting with the Council. After a lengthy discussion, Councilman Mertensotto moved that the matter be referred to the City Planner for study and response and that the Clerk advise Mr. Cummins of the Council action. Councilman Wahl seconded the motion. Ayes: 5 Nays: 0 COMMUNICATIONS The Council acknowledged receipt of a letter notifying the Council that Mendota Heights has been awarded a pedestrian safety citation for 1975. DEPARTMENT REPORTS The Council acknowledged receipt of the Police and Fire Department monthly reports for June, 1976. HIGHWAYS Councilman Losleben moved that City Planner Dahlgren be authorized and directed to prepare a report on the Mendota Heights position on construction of I-35E and that he also be authorized to present the report at the July 22 hearing on I-35E. Mayor Huber seconded the motion. Ayes: 5 Nays: 0 MISCELLANEOUS SAVINGS ACCOUNT Ayes: 5 Nays: 0 ST. PAUL WATER CONTRACT DUTCH ELM DISEASE Mayor Huber advised the Council that he would be out of town and would be unable to attend the July 27 and August 3 meetings. Councilman Lockwood advised the Council that he will be out of town and will miss the July 27 meeting. After a brief discussion, Councilman Wahl moved the adoption of Resolution No. 76-53, "RESOLUTION AUTHORIZING ESTABLISHMENT OF PASSBOOK SAVINGS ACCOUNT." Mayor Huber seconded the motion. Administrator Johnson outlined a proposed amendment to the St. Paul Water Department contract. The amendment in effect would allow the Water Department to increase water rates for commercial (Step 2 and 3) users. After a brief discussion, the , matter was referred to Councilman Mertensotto for additional research and contact with St. Paul Water Department officials. The Council acknowledged receipt of memos from the City Administrator and City Forester regarding Dutch Elm Disease control. Administrator Johnson noted that in addition to the 30 diseased trees on boulevards which were brough Council's attention on July 6, 35 trees in the Clement/Vandall Page 702 July 20, 1976 area have also been marked as diseased. Administrator Johnson recommended that the Council authorize a change order to the Clement/Vandall improvement project to include the removal of diseased trees on public right-of-way. The trees could then be removed as part of the project and the cost could be paid by general obligation taxes. Public Works Supervisor Harvey Franzmeier explained how the disease is transmitted from one tree to another and that the most effective method of control is proper sanitation. The Council discussed the matter at length, including the current budget limitations and a number of possible methods of financing tree removal. Several members of the audience participated in the discussion. The Council acknowledged the severity of the situation but no final determination on how to proceed was made. It was the concensus of the Council that an allocation should be made in the 1977 budget for control of Dutch Elm Disease. Councilman Losleben stated that he will research possible funding and report back to the Council. Councilman Wahl moved approval of Change Order No. 1 to the Clement/Vandall improvement project contract, in the amount of $4,550, for the removal of diseased public trees4-- Councilman Losleben seconded the motion. Ayes: 5 Nays: 0 EuICTION Councilman Losleben moved the adoption of Resolution No. 76-54, EQUIPMENT "RESOLUTION AUTHORIZING USE OF VOTOMATIC ELECTION EQUIPMENT." Councilman Wahl seconded the motion. Ayes: 5 Nays: 0 PUBLIC WORKS The Council acknowledged receipt of a memo from the City Planner FACILITY regarding the requirements that a public works garage site should meet and suggesting the acquisition of a parcel which meets the requirements. The recommended site consists of 5 acres and is located on Lexington Avenue near the future intersection of Mendota Heights Road. The Council discussed the memo and the desireability of additional research on the site as well as a possible referendum in November. After considerable discussion, the Council directed the Administrator to commence negotiations and prepare a preliminary appraisal on the site. Additional discussion was tabled to August 3. MISCELLANEOUS Ayes: 5 Nays: 0 Councilman Wahl advised the Council of a Police Department summary indicating that 9 accidents had occurred at the intersection of Marie Avenue and Delaware Avenue in 1975. He urged the Council to initiate a request for 4-way stop signs at the intersection. Councilman Wahl moved that a letter be sent to Dakota County requesting preparation of a study on the intersection. Mayor Huber seconded the motion. DUTCH ELM DISEASE CEMETERY ZONING Ayes: 5 Nays: 0 SHEEHY AGREEMENT Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 QUIT CLAIM DEED Ayes: 5 Nays: 0 EASEMENTS Page 703 July 20, 1976 Councilman Lockwood gave a brief preliminary report on his progress on chemical treatment of diseased trees. Councilman Lockwood moved the adoption of Ordinance No. 136, "AN ORDINANCE AMENDING ORDINANCE NO. 401." Mayor Huber seconded the motion. Attorney Winthrop stated that the Highway Department has submitted to the City for execution a Limited Use Permit for the ponding area on the Mendota Plaza Shopping Center propefty (on M.H.D. right-of-way). He further stated that he has prepared and submitted an agreement to the Sheehy attorney regarding Mr. Sheehy's obligations to perform all requirements the City has established regarding the ponding area and its maintenance. He recommended that the agreements be approved. Councilman Losleben moved the adoption of Resolution No. 76-55, "RESOLUTION APPROVING LIMITED USE PERMIT." Councilman Wahl seconded the motion. Councilman Losleben moved that the Mayor and Clerk be authorized to execute an agreement with Sheehy Properties far the maintenance of the ponding area and related facilities by Sheehy Properties. Mayor Huber seconded the motion. Attorney Winthrop advised the Council that there had been a description error in one of the deeds for the Civic Center site, erroneously including a small portion of the Watzl property in the site. He recommended that a Quit Claim Deed be signed by the Mayor and Clerk, correcting the error and releasing claim to the Watzl property. Councilman Losleben moved that the Mayor and Clerk be authorized to execute the Quit Claim Deed. Mayor Huber seconded the motion. Public Works Inspector Pearson stated that there had been a surveyor's error on the Buril and Holmes preliminary plat which caused description errors on the Meierotto and Bruber easements approved on July 6. Councilman Mertensotto moved approval of the acquisition of an additional 42.60 square feet of property from Mr. and Mrs. Richard Meierotto in the amount of $36.96 and an additional 32.34 square feet of property from Mr. & Mrs. Clifford Bruber in the amount of $26.20 in connection with the Buril and Holmes Addition improvements. Ayes: 5 Nays: 0 LIST OF CLAIMS Ayes: 4 Nays: 0 LICENSES Ayes: 4 Nays: 0 ADJOURN Ayes: 4 Nays: 0 ATTEST: Page 704 July 20, 1976 Councilman Losleben seconded the motion. Mayor Huber turned the meeting over to Acting Mayor Lockwood and left the meeting at 11:40 o'clock P.M. Councilman Losleben moved the adoption of the following motion: RESOLVED, that the claims submitted to the Council for payment, a summary of which is attached hereto and identified as List of Claims submitted for payment, July 20, 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 Wahl seconded the motion. Acting Mayor Lockwood moved approval of the list of licenses, granting licenses to: B-Tu-Mix Contemporary Construction Company Lifetime Aluminum, Inc. Park Edge Construction Company Neil & Hubbard Heating and Air Conditioning Katz Plumbing & Heating General Contractor License General Contractor License General Contractor License General Contractor License Heating License Plumbing License Councilman Mertensotto seconded the motion. There being no further business to come before the Council, Councilman Mertensotto moved that the meeting be adjourned. Councilman Wahl seconded the motion. TIME OF ADJOURNMENT: 11:46 0 Donald L. Huber Mayor k P.M. dabau-gh 4 reasurer