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1976-05-18 Council minutesPage 671 May 18, 1976 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, May 18, 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. Acting Mayor Lockwood called the meeting to order at 8:00 o'clock P.M. The following members were present: Acting Mayor Lockwood, Councilmen Gutzmer, Losleben and Wahl. Mayor Huber had notified the Council that he would be out of town. PARK-A-RAMA MINUTES Ayes: 4 Nays: 0 Representatives of the Park-A-Rama committee were present to promote the sale of buttons, commencing 1976 Park-A-Rama activities. Councilman Wahl moved approval of the minutes of the May 4 meeting. Councilman Losleben seconded the motion. BID OPENING AND Financial Advisor Lawrence Shaughnessy opened the bids received BID AWARD, BOND for the sale of $1,100,000 Temporary Improvement Bonds. The SALE following bids were received: BancNorthwest, with an interest rate of 5.05%; First National Bank of Minneapolis, with an interest rate of 5.05%; Dain, Kalman, Quail, with an interest rate of 4.903%; First National Bank of St. Paul and Cherokee State Bank with an interest rate of 4.55%. Ayes: 4 Nays: 0 Ayes: 4 Nays: 0 Councilman Wahl moved the adoption of Resolution No. 76-36, "RESOLUTION ACCEPTING BID ON SALE OF $1,100,000 GENERAL OBLIGATION TEMPORARY IMPROVEMENT BONDS, SERIES 1976 AND PROVIDING FOR THEIR ISSUANCE," awarding the bid to the First National Bank of 'St. Paul and Cherokee State Bank. Acting Mayor Lockwood seconded the motion. Financial Advisor Shaughnessy opened the bids received for the sale of $235,000 permanent improvement bonds. The following bids were received: Allison Williams Company bid $104,701.25; Piper, Jaffray and Hopwood, bid $107,724.13; Juran and Moody bid $102,478.75. Councilman Losleben moved the adoption of Resolution No. 76-37, "RESOLUTION ACCEPTING BID ON SALE OF $235,000 IMPROVEMENT BONDS OF 1976 PROVIDING FOR THEIR ISSUANCE AND LEVYING A TAX FOR THE PAYMENT THEREOF," awarding the bid to Juran and Moody. Councilman Wahl seconded the motion. CASE NO. 75 -28, SMITH COMMUNICATIONS Page 672 May 18, 1976 Acting Mayor Lockwood noted that the matter had been tabled from May 4, and suggested that discussion on the application for subdivision of property should again be tabled, pending receipt of a grading plan and determination of an appropriate park donation. Councilman Losleben informed the Council that he had done a considerable amount of research on the matter and has been in contact with several of the residents of the area. He pointed out that the DNR permit to remove fill from the property shows that the spoil material which must be removed from the property indicated on the DNR map must not be placed on the area between the 872.2 contour and the 873.5 contour without express authorization from the Council. Several additional concerns were discussed, and the Council directed the City Administrator to advise Mr. Smith that a grading plan must be submitted for staff study prior to additional consideration by the Council. The matter was tabled to June 1. The Council acknowledged and briefly discussed the League of Minnesota Municipalities Proposed Policy Statements and Legislative Program. The Council acknowledged receipt of a letter from the Suburban Rate Authority regarding the future of the SRA. Discussion on the matter was tabled to June 1. PETITION FOR The Council acknowledged receipt of a letter from James Riley IMPROVEMENTS in petition for public improvements to serve the Ivy Falls West Addition. Administrator Johnson outlined the history of the Riley plat, and Councilman Losleben explained recent discussions and agreement between Mr. Riley and Mr. Logan on platting. Ayes: 4 Nays: 0 PARK- A -RAMA Ayes: 4 Nays: 0 After a lengthy discussion, Councilman Gutzmer moved the adoption of Resolution No. 76 -38, "RESOLUTION ACCEPTING ENGINEER'S REPORT AND CALLING FOR HEARING ON PROPOSED CONSTRUCTION OF STORM SEWER AND STREET IMPROVEMENTS AND OF AN EXTENSION TO THE CITY'S SANITARY SEWER AND WATER SYSTEMS TO SERVE IVY FALLS WEST ADDITION AND ADJACENT AREAS (IMPROVEMENT NO. 75, PROJECT NO. 3, STAGE II)," the hearing to be held June 15. Councilman Wahl seconded the motion. The Council acknowledged receipt of a letter from the Park -A- Rama Committee requesting that the Friendly Hills Park be reserved for use for Park -A -Rama activities on June 26 and 27. Councilman Losleben moved approving the reservation of the Friendly Hills Park for Park -A -Rama activities on June 26 and June 27. Councilman Wahl seconded the motion. DEPARTMENT REPORTS The Council acknowledged receipt of the Police and Fire Department reports for April. Page 673 May 18, 1976 POLICE CHIEF The Council acknowledged that Richard Thul commenced his duties as Police Chief on May 17. PARK COMMISSION The Council acknowledged receipt of the Park and Recreation Commission minutes for May 13. FRIENDLY HILLS Mr. John Larson was present to represent the Friendly Hills TRAIL Civic Association, and requested that the Council approve the construction of a bikeway/pedway from Apache Street to the Mendota Plaza. The Civic Association proposes to donate $560 towards the construction of the path, which is estimated to be the total expenditure of funds for the path. The Association further requested that the City employees be authorized to construct the path and use City equipment in lieu of rental equipment. The Council discussed the written proposal from the Association, and noted the areas for which City responsibility is proposed. Vote on Amendment: Ayes: 4 Nays: 0 Vote on Motion: Ayes: 4 Nays: 0 ARCHERY RANGE Ayes: 4 Nays: 0 After a lengthy discussion, Councilman Gutzmer moved that the City provide the labor and equipment for construction of the bikeway/pedway in accordance with the construction cost sheet submitted on May 18, at the convenience of the Public Works Department and upon receipt of the $560 contribution by the Friendly Hills Civic Association. Councilman Losleben seconded the motion. Councilman Losleben moved to amend the motion, deleting the provision that the contribution must be received before construction commences, but acknowledging the committment of the Friendly Hills Civic Association to contribute $560 towards construction of the bikeway. Councilman Wahl seconded the motion. Mr. John Larson also presented a proposal for the construction of an archery range in the Friendly Hills Marsh. He indicated a total initial cost of $571.68, with a total material cost of $356.68. He pointed out that a majority of the labor will be provided by the Jaycees, but that City labor and equipment would also be necessary. After a brief discussion, Councilman Losleben moved that the construction of the archery range be approved and authorized that the City provide equipment and labor, at the convenience of the Public Works Department. Councilman Wahl seconded the motion. CASE NO. 76-10, ARNOLD Ayes: 4 Nays: 0 Page 674 May 18, 1976 Mr. Richard Arnold was present to request approval of his application for variance from the front yard setback requirement at 1061 William Court. He explained the unusual configuration of the lot has created problems in situating a home on the site. Building Inspector Bjorklund stated that the Building Permit for the site was issued based on a 30 foot setback from Timmy Street, however, the houses around this lot are all set back 35 feet from Timmy. After a brief discussion, Councilman Losleben moved approval of the application, granting a 91/2 foot variance from the front yard setback requirement at 1061 William Court. Councilman Gtuzmer seconded the motion. COUNCIL After a brief discussion, Acting Mayor Lockwood moved that the RESIGNATION City Council formally acknowledge and accept with regret Councilman Gutzmer's resignation from the Council, the resignation to be effective on May 31, 1976. Councilman Wahl seconded the motion. Ayes: 4 Nays: 0 COMMUNICATIONS PUBLIC WORKS SUPERVISOR Ayes: 4 Nays: 0 MISCELLANEOUS The Council acknowledged receipt of a letter from Mr. John Hartmann, 560 Miriam Street, requesting that he be considered for the forthcoming Council vacancy. The Council discussed a memo from the City Administrator recommending that Harvey Franzmeier be appointed as the Public Works Supervisor, effective June 1, 1976 . Mr. Johnson also advised the Council that if the recommendation is approved, the position of Park Leadman will be vacant, and it is anticipated that one of the Public Works employees would be recommended for that position. As a further consideration, Mr. Johnson stated that if the Park Leadman position is filled by promoting a Department member, there will be a vacancy in the Park Department, and recommended that the Council consider appointing the C.E.T.A. employee, Steven O'Brien, as a full time employee in January, when it is anticipated that the c.e.t.a. program will expire. After a brief discussion, Councilman Losleben moved that Harvey Franzmeier be appointed permanent Public Works Supervisor, effective June 1, 1976, at the budgeted salary of $1,265 per month.- Acting Mayor Lockwood seconded the motion. City Attorney Winthrop noted that Lansofrd Lane has never officially been accepted as a City street, although the final plat for Somerset No. 2 was approved showing Lansford Lane as a City Street. Page 675 May 18, 1976 After a brief discussion, Councilman Losleben moved the adoption of Resolution No 76-39, "RESOLUTION ACCEPTING LANSFORD LANE AS A PUBLIC STREET." Councilman Gutzmer seconded the motion. Ayes: 4 Nays: 0 CHANGE ORDER, Engineer Kishel stated that the plans have been prepared for BURIL & HOLMES the change order to the contract for the Lexington Highlands ADDITION Additions improvements to include construction of the Buril and Holmes improvements. He stated that since the final plat has not been approved yet, he would not request approval of the change order at this time. He did, however, present the final plans and specifications for the Buril and Holmes Addition improvements for Council review and approval. After review of the plans, Councilman Losleben moved the adoption of Resolution No. 76-40, "RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR BURIL AND HOLMES ADDITION IMPROVEMENTS." Acting Mayor Lockwood seconded the motion. Ayes: 4 Nays: 0 1976 SEAL COATING Public Works Inspector Pearson explained the plans and specifications for the proposed 1976 Seal Coating project. After a brief discussion, Acting Mayor Lockwood moved the adoption of Resolution No. 76-42, "RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR 1976 SEAL COATING PROJECT AND AUTHORIZING ADVERTISEMENT FOR BIDS," the bids to be accepted on June 10. Councilman Wahl seconded the motion. Ayes: 4 Nays: 0 ASSESSMENT City Administrator Johnson recommended that the Council consider ROLLS holding assessment hearings in the near future for the following completed projects: Orchard/Hunter, Cullen Avenue, Bachelor Avenue and Marie Avenue, Dodd to Victoria. After a brief discussion, Councilman Losleben moved the adoption of Resolution No. 76-41, "RESOLUTION ORDERING PREPARATION OF 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), ORCHARD/HUNTER LANE IMPROVEMENTS (IMPROVEMENT NO. 74, PROJECT NO. 2), AND CULLEN AVENUE IMPROVEMENTS (IMPROVEMENT NO. 75, PROJECT NO. 5)." Acting Mayor Lockwood seconded the motion. Ayes: 4 Nays: 0 CHERRY HILLS Engineer Kishel outlined the unusual underground conditions SECOND ADDITION prevalent in the Cherry Hills Second Addition. He stated that Ayes: 4 Nays: 0 STOP SIGN ORDINANCE Ayes: 4 Nays: 0 LIST OF CLAIMS Ayes: 4 Nays: 0 LICENSES Ayes: 4 Nays: 0 ADJOURN Ayes: 4 Nays: 0 Page 676 May 18, 1976 additional drainage improvement should be included in the project in order to correct the drainage problems and provide for proper street construction. Councilman Gutzmer moved that the City Engineer be authorized and directed to prepare a change order for additional drainage improvements in the Cherry Hills Second Addition improvement contract. Acting Mayor Lockwood seconded the motion. Councilman Losleben moved that the discussion on the proposed stop sign ordinance be tabled to June 1. Councilman Wahl seconded the motion. Councilman Losleben moved the adoption of the following motion: RESOLVED, that the claims submitted to the City Council for payment, a summary of which is set forth on the list attached hereto and identified as List of Claims submitted for payment, May 18, 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 City checks in payment of said claims. Councilman Gutzmer seconded the motion. Councilman Wahl moved approval of the List of Licenses, granting licenses to: Air Conditioning Associates, Inc. Scherff Excavating Company Kenneth Waschek Universal Sign Company Air Conditioning License Excavating License General Contractor License Sign Contractor License Councilman Losleben seconded the motion. There being no further business to come before the Council, Councilman Gutzmer moved that the meeting be adjourned. Acting Mayor Lockwood seconded the motion. TIME OF ADJOURNMENT: 11:25 o'clock P.M. ATTEST: Robert G. Lockwood Acting Mayor 4:11-1erk dabaugh Treasurer