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1976-06-15 Council minutesPage 683 June 15, 1976 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, June 15, 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 introduced Councilman C.E. Mertensotto to the audience and members of the Council and staff. Mayor Huber called the meeting to order at 8:02 o'clock P.M. The following members were present: Mayor Huber, Councilmen Lockwood, Losleben, Mertensotto and Wahl. APPROVE MINUTES Ayes: 4 Nays: 0 Abstain: 1 Mertensotto BID AWARD, SEAL COATING AND STREET OILING Ayes: 5 Nays: 0 Councilman Losleben moved approval of the minutes of the June 1 meeting. Councilman Lockwood seconded the motion. Engineer Kishel outlined the bids received for the 1976 Seal Coating and Street Oiling projects. He noted that the low bidder on the street oiling portion of the bid, Bituminous Roadways, had notified him that they would not accept the award for street oiling unless they were also awarded the seal coat bid. He pointed out that the Pine Bend Paving Company submitted the low bid for seal coating and that the Pine Bend bid for street oiling is only $90 higher than the lowest bid. He recommended that the bids for 1976 Seal Coating and Street Oiling be awarded to Pine Bend Paving. Councilman Lockwood moved the adoption of Resolution No. 76-48, "RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR 1976 STREET OILING AND SEAL COATING," awarding the contracts to Pine Bend Paving in the amount of $12,269 for Seal Coat and $1,290 for Street Oiling. Councilman Wahl seconded the motion. FEASIBILITY HEARING Mayor Huber opened the meeting for the purpose of a public IVY FALLS WEST hearing on proposed improvements to serve the Ivy Falls West ADDITION Addition (south half). Mayor Huber turned the meeting over to City Engineer Kishel for an explanation of the proposed project. Mr. Kishel stated that notices of the hearing had been sent to the affected property owners and had been published in the Page 684 June 15, 1976 legal newspaper. The estimated cost of the project is as follows: sanitary sewer, $23,600, or an estimated $14.00 per front foot; water, $32,570 or an estimated $13.00 per front foot; street, curb and gutters, $86,000 or an estimated $30.00 per front foot; storm sewer, $50,100 or an estimated $0.09 per square foot; sewer and water services, $300 to $400 each. The project, if approved, is proposed to be completed by fall. He stated that it will be necessary to install curb and gutter and some storm sewer which may affect some of Emerson Avenue in Cherry Hills. It is not anticipated that the homeowners on this portion of Emerson be assessed for the full cost of the improvements, and he suggested that a different type of assessment for street construction be considered for this area rather than the assessment policy which will prevail for the balance of the project. Mayor Huber asked for questions and comments from the audience, and stated that anyone wishing to make written comments may submit letters to the City offices or leave their name and comments or objections on a list provided by the Clerk. Mr. James Riley, 735 First Avenue, stated that the plat for the Ivy Falls West Addition (south half) has been submitted to the County for approval and will be available for the July 6 Council meeting. Mr. Fred Metcalfe, 1355 Clement Street, stated that he is going to be assessed for street and curb and gutter improvements in connection with the Clement-Vandall improvement project, and since his property is a corner lot, he was concerned that he would also be assessed fully for street construction on the proposed project. Engineer Kishel explained the policy of assessing corner lots. Mr. L.J. Schoenwetter, 1255 Sylvandale, asked why it is proposed to extend Emerson Avenue at this time and stated that he does not feel such completion is necessary. Mr. Fred Hirsekorn, 791 Emerson Avenue, stated that he and the other residents of Emerson Avenue in Cherry Hills who would be affected by the proposed improvements are concerned about the assessments which they would incur. He requested the Council to seriously consider the Engineer's suggestion on assessment policy for this portion of Emerson Avenue. Mr. James Riley suggested that the assessments for the project in connection with the Emerson Avenue improvements within the plat be divided so that the assessments could be assessed against the north portion of the plat as well as the south portion. There being no further questions or comments from the audience, Mayor Hober moved that the hearing be closed. Councilman Wahl seconded the motion. Ayes: 5 Nays: 0 RECESS CASE NO. 75-28, SMITH Ayes: 2 Nays: 3 Huber Mertensotto Lockwood Page 685 June 15, 1976 The hearing was closed at 9:05 o'clock P.M. The Council expressed concern that the final plat had not yet been submitted for approval. Councilman Mertensotto pointed out that the City will require easements for the temporary cul-de-sac (bubble) at the end of Michelle Lane and that Michelle Lane should be shown on the plat as a through street with a temporary cul-de-sac. After a brief discussion, Mayor Huber moved that a special meeting be held at 7:30 P.M. on Tuesday, June 22 for receipt and discussion of the final plat for the Ivy Falls West Addition (south half). Councilman Losleben seconded the motion. Mayor Huber called for a recess at 9:15 o'clock P.M. The meeting was readjourned at 9:22 o'clock P.M. Mayor Huber stated that at the June 1 Council meeting, the Council directed the Planning Consultant to report on whether or not both of the lots as proposed by Mr. Smith are buildable. The Council acknowledged receipt of a memo from the Planner in this regard. Councilman Losleben stated that as he interpreted the planning report, the westerly lot would not be buildable unless the City vacates the road easement for Cheri Lane. Several members of the Council expressed concern over the advisability of vacating the road easement. The Council asked Mr. Smith if it would be feasible for him to leave Lot 18 as one platted lot rather than subdividing it as proposed, and Mr. Smith replied that it would be economically unfeasible. The Council and Mr. Smith discussed the proposed subdivision at length. Mayor Huber pointed out that if the subdivision is approved, the City will require a Developer's Agreement, park donation and reimbursement for the costs incurred by the City for professional fees in connection-Viththe subdivision. It was also noted that Mr. Smith would be required to pay the assessments attributable to the westerly lot based on the assessment rates levied for public improvements in the area. After a lengthy discussion ,Councilman Losleben moved that the request for subdivision of Lot 18 be denied. Councilman Wahl seconded the motion. The matter was tabled pending receipt of additional information on the advisability of vacating the road easement, information on the NORTHERN STATES POWER COMPANY CASE NO. 76-9, FISCHER Ayes: 5 Nays: 0 Page 686 June 15, 1976 assessments, input from the City Attorney and receipt of an executed Developer's Agreement. The Council acknowledged receipt of a letter from NSP regarding an increase in electric rate schedules. The Council noted that the 11% across the board increase for all electric users is a result of the May 3 NSP petition for an electric rate increase. The Council acknowledged receipt of a letter from James Fischer: withdrawing his application for lot subdivision and requesting refund of the subdivision application fee. It was noted that the basic filing fee of $100 is non-refundable and that the City Planner had reviewed and reported on the application. Councilman Wahl moved that the Clerk-Treasurer be authorized to refund the $40.00 fee submitted by Mr. James Fischer for engineering services in connection with the application for subdivision of Lot 4, Block 1, Ridgewood Park Addition. Mayor Huber seconded the motion. DAKOTA LAW The Council acknowledged receipt of a letter from ENFORCEMENT Mr. Robert Harris, Chairman of the Dakota Law Enforcement ASSOCIATION Association commending Walter Gutzmer's participation in the Association during his tenure as Councilman. Mr. Harris also requested that a Council member be appointed as a representative to the Association to replace Mr. Gutzmer. Ayes: 5 Nays: 0 COMMUNICATIONS After a brief discussion, Mayor Huber moved that Councilman C. Mertensotto be appointed as the Council representative to the Dakota Law Enforcement Association. Councilman Wahl seconded the motion. The Council acknowledged receipt of a letter from the MTC regarding the Northern Dakota County/South Washington County Route-Ridership Improvement Project. DEPARTMENT REPORTS The Council acknowledged receipt of the Police and Fire Department monthly reports for May, 1976. AMBULANCE AGREEMENT Mayor Huber advised the Council that the Cities of South St. Paul and Inver Grove Heights have approved and executed the agreement for emergency ambulance services with Divine Redeemer Hospital. PERSONNEL The Council acknowledged receipt of a memo from the City Administrator recommending the appointment of George Noack, Jr. and Terry Blum as employees in the Public Works Department. Councilman Losleben moved that George Noack, Jr. be appointed as a Public Works Maintenance Man and Terry Blum be appointed as a Park Maintenance man, the probationary appointments to be Page 687 June 15, 1976 effective June 16 and the salaries to be $897.50 per month. Councilman Wahl seconded the motion. Ayes: 5 Nays: 0 MISCELLANEOUS The-Council acknowledged receipt of the Engineering Status Report for May, 1976. ASSESSMENT Councilman Lockwood moved the adoption of Resolution No. 76 -49, HEARINGS "RESOLUTION CALLING FOR HEARING ON ASSESSMENT ROLLS FOR MARIE AVENUE IMPROVEMENTS, DODD ROAD TO VICTORIA AVENUE (IMPROVEMENT NO. 73, PROJECT NO. 2), BACHELOR AVENUE IMPROVEMENTS (IMPROVEMENT NO. 74, PROJECT NO. 7), AND CULLEN AVENUE IMPROVEMENTS (IMPROVEMENT NO. 75, PROJECT NO. 5)," the hearings to be held at 8:00 P.M. on July 27, 1976. Councilman Losleben seconded the motion. Ayes: 5 Nays: 0 Councilman Wahl moved the adoption of Resolution No. 76 -50, "RESOLUTION CALLING FOR HEARING ON ASSESSMENT ROLL FOR ORCHARD /HUNTER LANE IMPROVEMENTS (IMPROVEMENT NO. 74, PROJECT NO. 2)," the hearing to be held on August 10 at 8:00 P.M. Councilman Losleben seconded the motion. Ayes: 5 Nays: 0 NORTHEAST AREA The Council acknowledged receipt of a memo from the Public IMPROVEMENTS Works Inspector regarding the installation of sewer and water services for the Northeast Area improvement project. Ayes: 5 Nays: 0 SIGN PERMITS Ayes: 5 Nays: 0 Mayor Huber moved that the Public Works Inspector be authorized to direct the installation of sewer and water services in conjunction with the Northeast Area improvement project at the locations listed in the memo from the Public Works Inspector. Councilman Losleben seconded the motion. Building Inspector Bjorklund recommended that the Council approve an application for permit to install two three by five foot signs in the Mendota Plaza Shopping Center. Councilman Wahl moved that a building permit be issued for the installation of a 3 by 5 foot sign on the Mendota Plaza Shopping Center for "Hair Tech" and a 3 by 5 foot sign on the "Foreign Affair." Mayor Huber seconded the motion. BOARD OF REVIEW Clerk - Treasurer reminded the Council and audience that the annual Board of Review will be held at 8:00 P.M.on June 22. FIREWORKS PERMIT Ayes: 5 Nays: 0 INVESTMENTS Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 LIST OF CLAIMS Ayes: 5 Nays: 0 LICENSES Page 688 June 15, 1976 Councilman Wahl moved that a fireworks permit be granted to Park-A-Rama, Inc. for a June 27 fireworks display and that the permit fee be waived. Councilman Losleben seconded the motion. Councilman Losleben moved that the Clerk-Treasurer be authorized to invest $100,000 with the Minnesota State Bank for 12 months at an interest rate of 6.75%. Mayor Huber seconded the motion. Mayor Huber moved that the Clerk-Treasurer be authorized to invest $200,000 with the Cherokee State Bank for six months at an interest rate of 61/4%. Councilman Lockwood seconded the motion. Councilman Wahl moved that the Clerk-Treaaurer be authorized to invest $540,000 with the Minnesota State Bank for 34 days at an interest rate of 5 3/8%. Mayor Huber seconded the motion. Councilman Losleben moved that the Clerk-Treasurer be authorized to invest $234,000 with the Minnesota State Bank for 4 months at an interest rate of 5.80%. Councilman Wahl seconded the motion. Councilman Wahl 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, June 15, 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: The Quimby Company Capp Homes Val N. Kuntz Builder Bream Homes, Inc. Suburban Lighting, Inc. General Contractor License - General Contractor License General Contractor License General Contractor License General Contractor License Ayes: 5 Nays: 0 CLUB LIQUOR LICENSE Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 FIREWORKS PERMIT Ayes: 5 Nays: 0 BEER LICENSE Ayes: 5 Nays: 0 CEMETERY ZONING Page 689 June 15, 1976 Perron Construction Lawrence Signs, Inc. Brede, Incorporated Sam Zappa Contracting A. Kamish & Sons, Inc. Dahn Excavating Company Sun Excavating, Inc. - Egan & Sons Company Central Air Conditioning & Heating Co. Twin City Furnace Company Spriggs Plumbing & Heating A. Binder & Son, Inc. Ray N. Walter Heating Company Suburban Heating Co., Inc. W.V. Nelson Construction Findell Cement; Inc. Baars Plumbing & Heating Johnny Masonry, Inc. Rascher Plumbing & Heating, Inc. Liska Plumbing & Heating, Inc. Dahlquist Plumbing Company Family Plumbing Plumbing Spriggs Plumbing & Heating Company A.E. Nelson Plumbing & Heating Baars Plumbing & Heating General Contractor License General Contractor License General Contractor License General Contractor-Lidense Excavating License Excavating License Excavating License Heating License Heating License Heating License Heating License Heating License Heating License Heating License Masonry License Masonry License Heating License Masonry License Plumbing License Plumbing License Plumbing License Plumbing License Plumbing License Plumbing License Plumbing License Councilman Losleben seconded the motion. Counc ilman Lockwood moved that a Club Liquor License be granted to Somerset Country Club. Councilman Wahl seconded the motion. Councilman Losleben moved that a Club Liquor License be granted to Mendakota Country Club. Mayor"Huber seconded the motion. Councilman Lockwood moved that a Fireworks Permit be granted to Somerset Country Club for July 4. Councilman Wahl seconded the motion. Councilman Lockwood moved that a 3.2 on-sale beer license be granted to the Volunteer Fire Department for June 26 and 27. Councilman Losleben seconded the motion. The Council acknowledged receipt of a memo from City Planner Howard Dahlgren regarding the lack of provisions in the Zoning Ordinance regulating the use of land for cemeteries. Ayes: 5 Nays: 0 ADJOURN Ayes: 5 Nays: 0 Page 690 June 15, 1976 Mayor Huber moved that the Planner's memo be submitted to City Attorney Winthrop and that the Attorney be directed to prepare a proposed ordinance amendment for Council review in accordance with the Planner's memo. Councilman Wahl seconded the motion. There being no further business to come before the Council, Councilman Wahl moved that the meeting be adjourned. Councilman Lockwood seconded the motion. TIME OF ADJOURNMENT: 11:07 o'c o k P.M. 0111P4 / 4.4"I Radabaugh Cler.-Treasurr ATTEST: Donald L. Huber Mayor