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1975-11-18 Council minutesPage 604 November 18, 1975 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, November 18, 1975 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. APPROVE Acting Mayor Lockwood moved approval of the minutes of the MINUTES November 4 meeting with correction. Councilman Gutzmer seconded the motion. Ayes: 4 Nays: 0 COMMUNICATIONS PETITION Ayes: 4 Nays: 0 The Council acknowledged receipt of a memo from the Suburban Rate Authority regarding the rate increase case against the Northern States Power Company and the Minnesota Gas Company. The Council acknowledged receipt of a letter requesting water as street improvements on Spring Street submitted by Mr. & Mrs. M.M. Evanoff. After a brief discussion, Councilman Losleben moved that street and water improvements on Spring Street be included in the feasibility study being prepared for the northeast area of the City. Councilman Wahl seconded the motion. POLICE CHIEF The Council acknowledged receipt of a letter of resignation RESIGNATION from Police Chief Martin Baldwin. Acting Mayor Lockwood read the letter for the benefit of the audience, and acknowledg that Chief Baldwin is also resigning from his duties as Civil Defense Director and Fuel Coordinator. Administrator Johnson stated that preliminary discussion will be held in the near future towards the planning of some type of community recognition for Chief Baldwin's service to the City. Mr. Johnson requested authorization to submit an employment advertisement for the Police Chief position in several national and state magazines and local papers. The Council concurred in the request. Councilman Wahl moved that Police Chief Baldwin's resignation be accepted. Councilman Losleben seconded the motion. Ayes: 4 Nays: 0 COMMUNICATIONS BREAM, EAGLE RIDGE PLAT 4 Page 605 November 18, 1975 The Council acknowledged receipt of a letter and resolution • from the City of Eagan, which requested the M.H.D. to separate the Environmental Impact Statement being prepared by the Highway Department covering I-35E in St. Paul from the portion of 1-35 E in Dakota County. The resolution also requested completion of the Environmental Impact Statement on I-35E and 1-494 by January 31, 1976. Discussion on the matter was tabled until December 2, 1975. Mr. Harvey Bream was present to request approval of the preliminary plat and building permits for Eagle Ridge Plat 4. Mr. Bream described the plat and stated that he proposes to construct two townhouse buildings consisting of three units each. City Administrator Johnson pointed out that no special assessments are being collected for this property and other undeveloped property in the northeast corner, formerly to be developed by Carmen Tuminelly. The original assessments against the unplatted property have not been collected because there has been no authority given to the staff to split the assessments. Mr. Bream indicated that he would file the final plat immediately after the foundations for the buildings are in, and Mr. Johnson pointed out that the assessments should be split when the request for final plat approval is made. The Council expressed concern over the fact that the assessments are not being collected, and pointed out that the piling of assessments on the unplatted property would not be permitted. Acting Mayor Lockwood moved approval of the preliminary plat for Eagle Ridge 4,_consideration of final plat approval to be contingent upon the splittingof assessments and totals formulation of assessments for the property, and authorized issuance of the building permits. Councilman Losleben seconded the motion. Ayes: 4 Nays: 0 WACHTT.1R PROPERTY Mr. Will Wachtler was present to discuss easement considerations Mr. Wachtler stated that the City Attorney has been negotiating for an easement on the Wachtler property where it is adjacent to the Cherry Hills Second Addition. He stated that although the easement has not been acquired, the construction crew working on the Cherry Hills Second Addition improvements ran bulldozers on the Wachtler property in the easement area and damaged an area used for alfalfa. Mr. Wachtler stated that in his opinion the easement is unnecessary. Engineer Kishel stated that the easement would be basically for access for snow removal and emergency equipment. He also pointed out that if the sewer and water utilities are extended beyond the platted property (as is proposed), at the expense of the development, it is not unreasonable to request the easement for the cul-de-sac in return. DEPARTMENT REPORTS WENTWORTH AVENUE SPEED LIMIT Ayes: 4 Nays: 0 IVY FALLS WEST ADDITION IMPROVEMENTS Ayes: 4 Nays: 0 VERONICA LANE FEASIBILITY REPORT Ayes: 4 Nays: 0 BUROW EASEMENT Page 606 November 18, 1975 Administrator Johnson suggested that the previous plans, and easement negotiation, be abandoned and that the City officials express regret that the contractors got on the Wachtler property. After the lengthy discussion, it was determined that the easement negotiations should be dispensed with. The Council acknowledged receipt of the Police and Fire Department monthly reports for October, 1975. The Council acknowledged receipt of a memo and proposed resolution requesting that a speed study be made on Wentworth Avenue. After a brief discussion, Councilman Wahl moved the adoption of Resolution No. 75-93, "RESOLUTION REQUESTING A STUDY AND SPEED LIMIT DETERMINATION FOR WENTWORTH AVENUE (COUNTY ROAD 8).' Councilman Losleben seconded the motion. Mr. James Riley was present to request additional excavation and fill, particularly in the area near his home, to reduce the grade on the newly graded street. He pointed out that the present street grade and slopes could be extremely dangerous. The City Engineer recommended that the request be approved. Councilman Gutzmer moved that the request of Mr. Riley be approved and that a reduction of the slopes and additional excavation and fill.be authorized. Councilman Wahl seconded the motion. After a brief discussion, Acting Mayor Lockwood moved the adoption of Resolution No.-75-92, "RESOLUTION ACCEPTING ENGINEER'S REPORT AND CALLING FOR HEARING ON PROPOSED CONSTRUCTION OF STREET IMPROVEMENTS AND OF AN EXTENSION TO THE CITY'S WATER DISTRIBUTION SYSTEM TO SERVE VERONICA LANE," the hearing to be held on January 6, 1976. Councilman Gutzmer seconded the motion. Engineer Kishel stated that the City Attorney has been negotiating with Mr. Thomas Burow to acquire an easement necessary for the construction of Marie Avenue in connection with the Kopp-Gearman improvement project. Mr. Kishel pointed out that during the negotiations Mr. Burow indicated that the assessments for Marie Avenue would be a consideration involved in the acquisition of the easement. Mr. Kishel recommended that the City Council ignore any discussion of assessments at this time and recommended that the City instead go to condemnation for the easement. After a brief discussion, Councilman Gutzmer moved that the City Attorney be authorized to commence immediate negotiation for the easement, and that if there are no immediate results in the negotiation, the attorney be authorized to initiate condemnation proceedings. Ayes: 4 Nays: 0 MISCELLANEOUS Ayes: 4 Nays: 0 • Page 607 November 18, 1975 Acting Mayor Lockwood seconded the motion. Councilman Losleben moved that the Acting Mayor be authorized to execute the easement agreement with Northern States Power Company for Cherry Hills utilities. Acting Mayor Lockwood seconded the motion. ORDINANCE ADOPTION Councilman Wahl moved the adoption of Ordinance No. 134, "AN ORDINANCE AMENDING ORDINANCE NO. 401," to allow accessory structures of 144 square feet without requiring a conditional use permit. Councilman Gutzmer seconded the motion. Ayes: 4 Nays: 0 AIR TESTING Ayes: 4 Nays: 0 LIST OF CLAIMS Ayes: 4 Nays: 0 LICENSES Ayes: 4 Nays:, 0 ADJOURN Ayes: 4 Nays: 0 Public Works Inspector Pearson outlined his memo on air testing of sanitary sewer lines. After a brief discussion, Councilman Losleben moved that the Engineer be directed to include the requirement for air testing in future specifications for sanitary sewer improvementE Councilman Gutzmer seconded the motion. Councilman Gutzmer 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, November 18, 1975, 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 Losleben seconded the motion. Acting Mayor Lockwood moved approval of the list of licenses,..-_ granting licenses to: Dick Roby Construction, Inc. MFG Homes, Inc, Conroy Construction Company Jos. E. Johnson & Son, Inc. Blaylock plumbing Company Councilman Wahl seconded the motion. • General ContractOr-Licens General Contractor ens .General Contractor -Licens • General Contractor Licens Plumbing License There being no further business to come before the Council, Councilman Gutzmer moved that the meeting be adjourned. Councilman Wahl seconded the motion. Page 608 November 18, 1975 TIME OF ADJOURNMENT: 11:08 o'clock P.M. ATTEST: Robert G. Lockwood Acting Mayor