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1976-07-06 Council minutesPage 693 July 6, 1976 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, July 6, 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. 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 Mertensotto moved approval of the minutes of the MINUTES June 15 meeting. Councilman Lockwood seconded the motion . Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 CASE NO. 75-28, SMITH Councilman Losleben moved approval of the minutes of the June 22 Board of Review meeting. Councilman Wahl seconded the motion. Councilman Wahl moved approval of the minutes of the special meeting held on June 22. Mayor Huber seconded the motion. Mayor Huber acknowledged receipt of a letter from Mr. Ronald Smith requesting a thirty-day continuation of discussion on his application for street vacation and subdivision of property. Discussion then followed with respect to the Ronald Smith application for street vacation and subdivision of property. Councilman Mertensotto reported that numerous area residents have indicated their desire that the City retain the 30 foot street dedication for Cheri Lane. The Council also acknowledged receipt of a petition, signed by 43 property owners, in opposition to the proposed subdivision and street vacation. Councilman Mertensotto pointed out that the street right-of-way is necessary for utility maintenance purposes as well as for pedestrian access to Rogers Lake. It was noted that if the street were vacated as requested, one of the proposed lots would not be on a public street and accordingly would not meet the applicable City ordinance requirements. The Council further noted that if the vacation were not approved, the lots as proposed would not meet the Zoning Ordinance requirement for frontage or setbacks, and the Department of Natural Resources requirements that homes be built a minimum of 75 feet from the lake would not be met. Ayes: 5 Nays: 0 COMMUNICATIONS Page 694 July 6, 1976 Several members of the Council noted that the subdivision application has been under consideration at several Council meetings and that a considerable amount of information has been prepared, studied and discussed. It was their desire that a final determination on the matter should not be delayed. After considerable discussion, Councilman Mertensotto moved that the application for subdivision of Lot 18, Linden Addition and the vacation of a portion of Cheri Lane be denied. Mayor Huber seconded the motion. The Council acknowledged receipt of a letter from Divine Redeemer Hospital regarding the agreement for emergency ambulance service. ASSOCIATION OF The Council acknowledged receipt of a letter from the Association METROPOLITAN of Metropolitan Municipalities regarding 1976/77 membership. MUNICIPALITIES Administrator Johnson recommended that the Council appoint a delegate and alternate delegate to the Association. After a brief discussion, Mayor Huber moved that Councilman Lockwood be named as the Mendota Heights delegate to the Association of Metropolitan Municipalities, that Councilman Losleben be named alternate delegate, and that-the Association membership be renewed for 1976/77, Councilman Mertensotto seconded the motion. Ayes: 5 Nays: 0 PLANNING COMMISSION The Council acknowledged receipt of a letter from Daniel Schneeman in resignation from the Planning Commission. Ayes: 5 Nays: 0 After a brief discussion, Mayor Huber moved that the resignation be accepted and that a letter of appreciation be sent to Mr. Schneeman for his several years of service to the Commission. Councilman Wahl seconded the motion. The Council acknowledged an application from Mr. Dean Swanson for subdivision of 1130 Orchard Place, the property being located at the southwest corner of Orchard Place and Lexington Avenue. Councilman Wahl moved approval of the application for subdivision. Mayor Huber seconded the motion. The Council expressed considerable concern over the subdivision, primarily due to the depth of the lots as proposed and the lack of necessary information on possible future plans for development of the balance of the acreage. It was noted that there has been no information from the owner on the proposed location of the home on the new lot and that approval of the subdivision without information on possible future planning for the balance of the eight acres could present serious problems Page 695 July 6, 1976 at such time as the balance of the acreage is developed. It was the concensus of the Council that the matter should be referred back to the Planning Commission for additional study and for additional input from the owner regarding possible planning for future developement. Mayor Huber withdrew his second to the motion. Councilman Wahl withdrew the motion. WETLANDS SYSTEMS Mayor Huber directed that the Wetlands Systems Ordinance be ORDINANCE scheduled for consideration at the August 3 meeting. PARK AND RECREATION The Council acknowledged receipt of the minutes of the COMMISSION June 16 Park and Recreation Commission Metting. FREEWAYS 11 Ayes: 5 Nays:0 DUTCH ELM DISEASE Mayor Huber reminded the Council that The Highway Department will hold a public hearing on the Environmental Impact Statement for I-35E on July 22 and urged the members of the counci. Councilto attend the meeting. He pointed out that although he supports the completion of I-35E, he is seriously concerned about the piecemeal construction pattern--the completion of 1-494 is not included in the Impact Statement. He expressed concern that total agreement on the construction of the east-west highway system should be reached between the communittie prior to the construction of I-35E. Mr. John Klein, representing the Urban Council on Mobility, expressed the Urban Council's position on the construction of I-35E. The Council discussed the freeway considerations at length. Mr. Klein requested permission from the Council to allow a twelve by twenty foot porta-panel mobile sign on the southeast corner of TH 13 and TH 55 and a second sign at the intersection of TH 49 and TH 110. The signs would read "Bread the Bridge Bottleneck" and would be used from the present time through July 22. The main purpose of the signs would be to advertise the upcoming hearing. Mayor Huber moved that a variance be granted to allow the use of a maximum of two 12 by 20 foot moblie signs at the requested locations through August 1, 1976, contingent upon proper permission from the property owners. Councilman Lockwood seconded the motion. Mayor Huber acknowledged receipt of a memo from the City Administrator regarding the severity of Dutch Elm Disease in boulevard trees. He recommended that the Council consider making a recomendation to the legislature that the laws on diseased trees be revised so that removal of such trees is not mandatory. He further stated that costs for diseased tree removal are enormous and that since the originally proposed budgeted amount for Dutch Elm Disease was not included in the adopted budget, costs for removal of the trees will be an oter,-expenditurd on the 1976 budget-. He recommended that an adequate amount be budgeted for 1977 for the control and PERSONNEL Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 PEDWAY PERMITS Ayes: 5 Nays: 0 POLICE CONTRACT Ayes: 5 Nays:0 CHANGE ORDER Ayes: 5 Nays: 0 Page 696 July 6, 1976 removal of diseased trees. Councilman Lockwood suggested that chemical treatment for public trees be attempted. The Council concurred and authorized Councilman Lockwood to expend a maximum of $250 for chemical treatment. Councilman Lockwood is to report back to the Council on July 20. Councilman Losieben moved that Mrs. Irene Huspek be appointed Clerk-Typist at the budgeted probationary salary of $540 per month. Councilman Wahl seconded the motion. Mayor Huber moved that Rudolph Literski be promoted to the Park Leadman position, effective July 1, at the 1975 rate of $1,025 per month. Councilman Lockwood seconded the motion. The Council acknowledged receipt of a letter from Clerk- Treasurer Radabaugh requesting a one-year employment extension (beyond age 65) and a memo from Administrator Johnson recommending the extension. Councilman Lockwood moved that a one-year employment extension (through December 31, 1977) be granted for Clerk- Treasurer Radabaugh. Councilman Wahl seconded the motion. Administrator Johnson advised the Council that the MHD requires execution of a Limited Use Permit prior to construction of the Friendly Hills pedway. After a brief discussion, Councilman Wahl moved the adoption of Resolution No. 76-51, "RESOLUTION APPROVING LIMITED USE PERMIT," authorizing the Mayor and Clerk to execute the permit. Mayor Huber seconded the motion. Councilman Losieben moved that the Mayor and Clerk-Treasurer be authorized to execute the 1976/77 labor contract with the Police Department and Local 320. Councilman Lockwood seconded the motion. Councilman Wahl moved the approval of Change Order No. 2 for the Lexington Highlands Additions improvements (Improvement No. 74, Project No. 2) to include the construction of Lilac _ Lane in the improvement contract. Councilman Lockwood seconded the motion. EASEMENTS Ayes: 5 Nays: 0 UTILITY SERVICES Ayes: 5 Nays: 0 CIGARETTE LICENSE Ayes: 5 Nays: 0 LICENSES Page 697 July 6, 1976 Public Works Inspector Pearson notified the Council of the necessity to acquire easements in conjunction with the Buril and Holmes improvements. He advised the Council that easements haue been negotiated with the property owners as follow: Mr. & Mrs. Richard Meierotto, $2,250.00; and Mr. & Mrs. Clifford Bruber, $1,500.00. He also notified the Council that an appraisal of the easement over the Michael Kassan property had been made and the owner turned down the offer of $510.00. Mayor Huber moved the adoption of Resolution No. 76-52, "RESOLUTION AUTHORIZING ACQUISITION OF EASEMENTS, " and directed the City Attorney to commence immediate condemnation proceedings for the Kassan easement. Councilman Losleben seoonded the motion. Public Works Inspector Pearson advised the Council that the E.T. Adkins property at 554 Junction Lane consists of two buildable lots, the home on one lot and the driveway on the second. He requested Council authorization for installation of sewer and water services to serve the vacant lot (in conjunction with the northeast area improvement projec). Mayor Huber moved that the City Engineer be directed to order a sewer and water service to be installed in the vacant lot, adjacent to 554 Junction Lane. Councilman Lockwood seconded the motion. Mayor Huber moved that a cigarette license be granted to Twin City Vending. Councilman Losieben seconded the motion. Councilman Wahl moved approval of the list of licenses, granting licenses to: Rauchwarter, Inc. Weierke Trenching & Excavating Sussel Company, Inc. Jos. E. Johnson & Son, Inc. Triad Sign Service, Inc. Marich Construction Co., Inc. Langer Construction Company Thomas L. Norman Company Bjorklund Construction Company, Inc. Walter's Construction Minnesota Exteriors, Inc. Prestige Construction, Inc. Sorenson's Construction Company Excavating License Excavating License General Contractor License General Contractor License General Contractor License General Contractor License General Contractor License General Contractor License General Contractor License General Contractor License General Contractor License General Contractor License General Contractor License Ayes: 5 Nays: 0 LIST OF CLAIMS Ayes: 5 Nays: 0 ADJOURN Ayes: 5 Nays: 0 Page 698 July 6, 1976 Hanson Homes, Inc. Clapp-Thomssen Company Tuminelly, Inc. Wm. Murr Plumbing, Inc. Cronstroms Heating & Air Conditioning Arneson Heating Service, Inc. Standard Heating & Air Conditioning Mitchell Heating The Snelling Company Katz Plumbing & Heating Company, Inc. Vruno Construction Company Doody, Inc. Genz-Ryan Plumbing & Heating Company London Plumbing Company, Inc. Skarda Plumbing Mayor Huber seconded the motion. General Contractor License General Contractor License General Contractor License Heating License Heating License Heating License Heating. License Heating License Heating License Heating License Masonry License Plumbing License Plumbing License Plumbing License Plumbing License Councilman Losleben moved the adoption of the following motion: RESOLVED, that the claims submitted to the Council for payment, with the exception of Check No. 4789 to Michael Kassan, Jr., a summary of which is attached hereto and identified as List of Claims submitted for payment, July 6, 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. There being no further business to come before the Council, Mayor Huber moved that the meeting be adjourned. Councilman Losleben seconded the motion. TIME OF ADJOURNMENT: 11:03 o'clock P.M. ATTEST: Donald L. Huber Mayor