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1976-04-20 Council minutesPage 657 April 20, 1976 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, April 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 the City Hall, 750 South Plaza Drive, Mendota Heights, Minnesota. Acting Mayor Lockwood called the meeting to order at 8:12 o'clock P.M. The following members were present: Acting Mayor Lockwood, Councilmen Gutamer and Wahl. Mayor Huber and Councilman Losleben had notified the Council that they would be out of town. APPROVE Councilman Wahl moved approval of the minutes of the April 6 MINUTES meeting with correction. Councilman Gutzmer seconded the motion. Ayes: 3 Nays: 0 BONDING Financial Advisor Lawrence Shaughnessy was present regarcling financial matters. He recommended that bids be accepted on both temporary and permanent improvement bonds. Councilman Gutzmer moved adoption of Resolution No. 76-27, "RESOLUTION PROVIDING FOR PUBLIC SALE OF $1,100,000 GENERAL OBLIGATION TEMPORARY IMPROVEMENT BONDS OF SERIES 1976," the bid opening to be held on May 18. Councilman Wahl seconded the motion. Ayes: 3 Nays: 0 Acting Mayor Lockwood moved the adoption of Resolution No. 76-28 "RESOLUTION CALLING FOR THE PUBLIC SALE OF $235,000 IMPROVEMENT BONDS," the bid opening to be held on May 18. Councilman Gutzmer seconded the motion. Ayes: 3 Nays: 0 TAX FORFEIT Administrator Johnson stated that at the April 6 Council meeting PROPERTY it was the observation of some of the Council members that the Perron property located on Mendota Heights Road, which has been declared tax-forfeit, should possibly be considered as a site for the public works garage. He stated further that the County Auditor had advised him that if the City does not want the property for open space purposes, the Council should approve the non-conservation classification for the parcel. Mr. Johnson suggested that the City indicate its desire for possible future acquisition of the property, approve the non-conservation classification, and then compete with other prospective buyers when the property is auctioned. Acting Mayor Lockwood moved that Parcel No.27-02400-670-079 and Parcel No. 27-03400-010-77 be declared non-conservation land and that the Mayor and Administrator be authorized to Page 658 April 20, 1976 execute the proper County documents. Councilman Wahl seconded the motion. Ayes: 3 Nays: 0 MISCELLANEOUS Discussion on the proposed trails system was postponed indefinitely. The Council acknowledged receipt of a report from the Association of Metropolitan Municipalities regarding bylaws revisions. AMBULANCE SERVICE The Council acknowledged receipt of a memo from Divine Redeemer Hospital regarding ambulance service subsidy and a draft agreement for maintaining emergency ambulance service. The Council also acknowledged a memo from Inver Grove Heights regarding a meeting of municipal officials on the Divine Redeemer proposal as well as a position statement prepared by the City of Inver Grove Heights. DEPARTMENT REPORTS The Council acknowledged receipt of the Fire Department and Police Department reports for March, 1976. CASE NO. 74-12, Mr. James Riley was present regarding approval of the preliminar: RILEY plat for the Ivy Falls West Addition. The matter had been continued from the April 6 Council meeting. Mr. Jerre Logan, owner of property to the south of the Riley property, was also present. The Council reviewed previous discussions on the preliminary plat and noted that two drawings prepared by the City Planner for Mr. Riley's plat are under consideration, Drawing No. 6 and Drawing No. 7. Drawing 6 provides for Michelle Lane ending in a permanent cul-de-sac within the Riley plat. Drawing 7 provides for the stubbing off of Michelle Lane at the southern edge of the Riley property. Mr. Riley stated that Drawing 7 is completely unsatisfactory to him, that Drawing 6 is the only drawing acceptable to him, and that he will not pursue platting unless Drawing 6 is approved. Mr. Logan objected to drawing 6, stating that if this were approved, his property would be land-locked. He stated that he is in favor of drawing 7 and that he would give the City an easement to construct a temporary cul-de-sac for Michelle Lane on the north edge of his property (if the City will provide the necessary insurance)., The Council discussed the easements granted to the City by Mr. Riley and Mr. Logan for the possible future extension of First Avenue and also discussed the problems involved in any such future extension. It was pointed out that although possible, the extension of First Avenue is not practicable because of the excessive grades involved. It was pointed out that it is the responsibility of the City Council to act in the best interests of the City in determining the street patterns and other such questions involved in a proposed subdivision. The Council noted that the provision for north-south street as recommended by the Planning Commission throughout the proposed subdivision would assist in providing Ayes: 3 Nays: 0 RECESS FIRE CODE BUILDING PERMIT TOM THUMB Page 659 April 20, 1976 reasonable circulation to the area and would be much more beneficial to orderly future growth and planning than a permanent cul-de-sac. It was also noted that it has been the policy of the Council to discourage permanent cul-de-sacs wherever possible. The Council also noted that the number of lots in the proposed plat would not be decreased by providing for the extension of-the street through the plat. Also, all lots ! in the plat as proposed exceed the minimum frontage and area requirements of the zoning ordinance. The Council also noted that the extension of the street through the proposed plat would provide access to property to the south of the proposed plat and would also enable the City to serve the property to the south with sanitary sewer much more economically than would be the case if a short cul-de-sac was constructed. In that connection, the City Engineer indicate( that if a short cul-de-sac were used, a lift station might be required in order to serve property to the south of the proposed plat. After a lengthy discussion, Councilman Wahl moved that Drawing 7 be approved as the preliminary plat of Ivy Falls West Addition with Michelle Lane to be constructed as a stub street ending at the southern edge of the Riley property; eight lots to be platted along Michelle Lane with the lot lines to be similar to those shown in drawing 7, and that the City accept Mr. Logan's offer to give the City an easement for whatever property is required for a temporary cul-de-sac within his property for the extension of proposed Michelle Lane. Acting Mayor Lockwood seconded the motion. The Council called a recess at 9:45 o'clock P.M. The meeting readjourned at 9:50 o'clock P.M. Fire Chief Siebell and Fire Marshall Lange were present to discuss the adoption of the State Uniform Fire Code. The Council acknowledged receipt of a proposed ordinance to adopt_ the Code by reference and which would establish the limits of districts in which storage of flammable items would be allowed. The Council briefly discussed the matter and directed the City Attorney to study the draft ordinance and report back to the Council. Mr. Ken Johnson of K.J. Johnson Construction Company was present to request approval of a building permit for a building to be constructed an D6dd Road, north of the Skelly Station and south of the animal hospital. Mr. Johnson stated that a Tom Thumb store would be the main tenant and that two other units within the building would also be leased. The Council reviewed the building plans and asked several questions regarding drainage, lighting, landscaping and signs. The Page 660 April 20, 1976 Council requested that Mr. Johnson install lighting and landscaping which would not be detrimental to the residential area on the west side of Dodd Road. Councilman Gutzmer moved approval of the Tom Thumb building permit. Acting Mayor Lockwood seconded the motion. Ayes: 3 Nays: 0 NORTHEAST AREA Mr. Ed Starr and Mr. William Mahlum, representing residents IMPROVEMENTS of the northeast area who are opposed to the northeast area improvements, were present. Mr. Mahlum stated that he has been retained by a number of residents opposed to the project, and would like the opportunity to review the file information and final plans and specifications prior to Council action on the plans and specifications. Acting Mayor Lockwood stated that the request is reasonable, however, because of the normal delays on improvement projects the City Engineer is already concerned that the project might not be completed this fall. The Council would therefore be hesitant to delay any decision on the final plans. Engineer Kishel stated that he will present to the Council a substantially final set of plans and specifications for Council review, discussion and direction. Mr. Kishel thoroughly reviewed the plans for the Council an d members of the audience. He requested Council direction on several specific items including the following: the desireability of extending Kirchner Avenue between Butler and Valley Lane; the extension of John Street from Esther to Chippewa; the design of the intersection of Miriam and Diego; and the design of the intersection at Kirchner and Junction. The Council discussed each of the items at length and directed the Engineer to prepare the final plans and specifications as follows: delete the portion of Kirchner between Butler and Valley Lane; extend John Street from Esther to Chippewa; plan for construction of a T-type intersection at Miriam and Diego, excluding the proposed center island and reducing the amount of bituminous surfacing; relocate the intersection at Kirchner and Junction, moving the centerline of the intersection so that the existing trees would not have to be removed, planning for a T-type intersection. Mr. Kishel also suggested that the specifications include a provision for liquidated damages which would require the contractor to complete construction of all hard surfaces on or before November 1, 1976. It was the concensus of the Council that a liquidated damages clause should be included in the specifications. After a lengthy discussion of the plans and specifications, Councilman Gutzmer moved that a special Council meeting be held at 5:00 o'clock P.M., Tuesday, April 27, to consider the approval of the final plans and specifications for the Northeast Area improvement project, the meeting to be held at City Hall. Councilman Wahl seconded the motion. Ayes: 3 Nays: 0 POLICE CHIEF SELECTION Ayes: 3 Nays: 0 Page 661 April 20, 1976 The Council acknowledged receipt of a memo from Mayor Huber regarding the process used in selecting a recommended Police Chief. The selection committee recommended that Richard Thul, 12209 Allen Drive, Burnsville, be appointed Police Chief, effective May 17, 1976. Acting Mayor Lockwood moved that Richard Thul be appointed Chief of Police, effective May 17, 1976, at an annual salary of $19,750. Councilman Gutzmer seconded the motion. The Council members expressed their appreciation to the selectioi committee and directed the Administrator to convey their sincere appreciation to Golden Valley Public Safety Director James Crawford for his assistance in the selection process. MISCELLANEOUS Discussion on the proposed deferred assessment ordinance for Senior Citizens was tabled. Clerk-Treasurer Radabaugh reviewed the results of the April 10 special election on County government options. COUNCIL Councilman Walter J. Gutzmer submitted to the Council a letter RESIGNATION of resignation from his Council position. The effective date of Councilman Gutzmer's resignation is to be May 31, 1976. The Council acknowledged and accepted the letter and took the matter under advisement. CITY FACILITIES Ayes: 3 Nays: 0 Administrator Johnson advised the Council that Mr. Ray Wheeler of the D.C.R. Corporation has submitted correspondence regarding the possibility of the City leasing additional space for City offices. The current lease will expire in October, 1977. The D.C.R. Corporation proposes to construct a structure west of the present building and proposes to include a room which could serve as City Council chambers and a public meeting room at the discretion of the City. The proposed rate for the new facilities would be $6.00 per square foot. The Council discussed the matter briefly. Councilman Wahl moved the adoption of Resolution No. 76-29, "RESOLUTION EXPRESSING INTENTION TO LEASE SPACE." Acting Mayor Lockwood seconded the motion. LIST OF CLAIMS Acting Mayor Lockwood 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, April 20, 1976, having been audited by the City Council be and Ayes: 3 Nays: 0 LICENSES Ayes: 3 Nays: 0 ADJOURN Ayes: 3 Nays: 0 ATTEST: Page 662 April 20, 1976 are hereby allowed and the Mayor and Clerk-Treasurer are hereby authorized and directed to issue City checks in payment of said claims. Councilman -Wahl.secohded the-motion. Councilman Wahl moved approval of the list of licenses, granting licenses to: Gilbert Hamm Construction Company Wolf Construction Perron Construction Company Mendota Well Company General Contractor License General Contractor License General Contractor License Well Drilling License Councilman Gutzmer 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: 12:40 o'clock A.M. Robert G. Lockwood Acting Mayor dabaugh Treasurer