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1975-10-07 Council minutesPage 586 October 7, 1975 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, October 7, 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. Mayor Huber called the meeting to order at 8:00 o'clock P.M. The following members were present: Mayor Huber, Councilmen Gutzmer, Losleben, Lockwood and Wahl. APPROVAL OF Councilman Wahl moved approval of the minutes of the MINUTES September 16 meeting as corrected. Councilman Gutzmer seconded the motion. Ayes: 5 Nays: 0 FINAL PAYMENT, After a brief discussion, Councilman Lockwood moved the CULLEN AVENUE adoption of Resolution No. 75-79, "RESOLUTION ACCEPTING WORK IMPROVEMENTS AND APPROVING FINAL PAYMENT (IMPROVEMENT NO. 75, PROJECT NO. 5)," awarding final payment of $5,203.00 to Pine Bend Paving, Inc. Councilman Losleben seconded the motion. Ayes: 5 Nays: 0 BID OPENING AND AWARD, BOND SALE Ayes: 5 Nays: 0 Financial Advisor Larry Shaughnessy opened the bids received on the sale of $300,000 permanent improvement bonds. The following bids were received: First National Bank of St. Paul, bid $124,728.35, with an interest rate of 6.396%; First National Bank of Minneapolis, bid $131,220, with an interest rate of 6.729%; Piper, Jaffray, Hopwood, bid $124,245, with an interest rate of 6.400%; Dain, Kalman, Quail, bid $126,190, with an interest rate of 6.471%; Juran and Moody, bid $122,045, with an interest rate of 6.258%; Miller, Schroder Municipals, Inc., bid $124,245, with an interest rate of 6.371%. Mr. Shaughnessy tabulated the bids and recommended that the bid of Juran and Moody, Inc. be accepted. Councilman Lockwood moved the adoption of Resolution No. 75-80, "RESOLUTION ACCEPTING BID ON SALE OF $300,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1975 PROVIDING FOR THEIR ISSUANCE AND LEVYING A TAX FOR THE PAYMENT THEREOF," awarding the bid to Juran and Moody, Inc. Councilman Losleben seconded the motion. BID AWARD, CHERRY Engineer Kishel outlined the bids received for the Cherry Hills HILLS SECOND Second Addition improvements and recommended that the bid be ADDITION IMPROVE- awarded to the low bidder, the Robert W. Moore Company. MENTS After a brief discussion, Councilman Losleben moved the adoption of Resolution No. 75-81, "RESOLUTION ACCEPTING BIDS Ayes: 5 Nays: 0 COMMUNICATIONS DEPARTMENT REPORTS COMMISSION REPORTS PLANNING COMMISSION CASE NO. 75-16, McDONALD'S; CASE NO. 75-17, SHEEHY Page 587 October 7 ,1975 AND AWARDING CONTRACT FOR CHERRY HILLS SECOND ADDITION IMPROVEMENTS (IMPROVEMENT NO. 75, PROJECT NO. 2)," awarding the bid to the Robert W. Moore Company in the amount of $215,560.30. Councilman Wahl seconded the motion. The Council acknowledged receipt of a letter from Senator Hubert Humphrey regarding a meeting of the Land Use and Physical Development Subcommittee to be held at the Eagan City Hall on October 15, 1975. The Council also acknowledged receipt of a letter from the Dakota County Planning Director regarding a meeting of the Dakota County Planning Advisory Commission to be held on October 9 for a discussion of the Regional Park Master Plan proposals. The Council acknowledged receipt of the Police Department monthly report for July and August, and the Fire Department monthly report for September, 1975. The Council acknowledged receipt of the Park and Recreation Commission minutes for August 27 and September 24, 1975. The Council acknowledged recekot of the Planning Commission minutes for the September 23 meeting. Mayor Huber opened the meeting for the purpose of a hearing on an application for Conditional Use Permit for fast food restaurant submitted by the McDonald's Corporation. City Administrator Johnson outlined the history of the McDonald's application for conditional use permit, as well as for variances for parking setback and sign height. Mr. Johnson reviewed reports submitted by Planner Dahlgren regarding the applications, and referred specifically to paragraphs 2 and 3 of the October 7 report. McDonald's requested a two-foot concrete curb on the southerly lot line rather than a ten foot green area (setback). Mr. Johnson also referred to the Planner's comment on McDonald's request for a variance for height of the pylon "Golden Arches" sign. McDonald's application is for a 39 foot high sign (25 foot pole) rather than the 25 foot ordinance limitation. The sign is to be located at the northeast corner of the McDonald's site. Admin- istrator Johnson also referred the Council to a proposed resolution regarding the conditional use permit. Mr. Randy Berg, representing McDonald's, outlined for the Council a drawing of the proposed site and building. He also answered several questions for the Council. In conjunction with the McDonald's application, the Council discussed a request for subdivision of property submitted by Richard Sheehy. The preliminary plat concerns the area north of the existing shopping center. Administrator Johnson noted portions of the Planner's report, particularly the division of the property into three lots, and the fact that the McDonald's ingress and egress does not penetrate the shopping center site. The plat is divided into Lot 1, which will be the pond site, Lot2, which Ayes: 5 Nays: 0 Ayes:, 5 Nays: 0 Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Case No. 75-22, SCHNEIDER Ayes; 5 Nays: 0 Page 588 October 7, 1975 is the McDonald's site, and Lot 3, which is the shopping center site. There was considerable discussion on the curbing proposed to be constructed on the Sheehy property; on the continuation of an asphalt surface behind and around the shoppinc center building to accommodate peak McDonald's traffic; and on the division of the property into three lots. Mr. Sheehy explained his reasons for wanting the pinned-type concrete. He also objected to a suggestion that he supply additional landscaping in addition to that shown on his plans. The Council members opposed bituminous curbing or pinned-concretE curbs. Mayor Huber objected to the division of the property into three lots and requested that the property be divided into only two lots, one lot for the McDonald's site, and the other for the shopping center and pond site. After a brief discussion, Mr. Sheehy agreed to plat the property into the two lots as requested by the Council rather than the three lots as proposed. Mayor Huber, the Council and City Administrator drew several revisions on the Sheehy site plan and preliminary plat for incorporation into the final plans. There being no questions or comments from the audience, Mayor Huber moved:that the-hearing beclased. Councilman Lockwood seconded the motion. The hearing was closed at 10:10 o'clock P.M. Councilman Losleben moved approval of the application for variances for setback and sign height for McDonald's. Councilman Gutzmer seconded the motion. Councilman Gutzmer moved the adoption of Resolution No. 75-82, "RESOLUTION GRANTING CONDITIONAL USE PERMIT TO MCDONALDtS CORPORATION FOR FAST-FOOD RESTAURANT," as amended. Councilman Wahl seconded the motion. Mayor Huber moved that the preliminary plat for the Sheehy property be approved subject to the revisions drawn by the Council and subject to receipt of a performance bond in favor of the City, the project completion date and bond amount to be determined by the City staff. Councilman Losleben seconded the motion. The Council briefly discussed the application from Julius Schneider to subdivide Lots 1 and 2, Block 4, T.T. Smith's. Subdivision No. 2. The Council discussed the possibility that there have been some deferred assessments on the property and also the drainage characteristics. Mayor Huber moved approval of the preliminary plat subject to payment of all assessments on the property and inclusion of proper drainage easements on the final plat. Councilman Losleben seconded the motion. CASE NO. 75-24, BYE Ayes: 5 Nays: 0 Page 589 October 7, 1975 Mr. and Mrs. David Bye were present to request approval of a variance from the lot size requirement for Lot 12, Block 2, John H. Morrison Addition. The lot is 60 feet by 125 feet. After a brief discussion, Councilman Wahl moved approval of the lot size variance, subject to payment of any deferred assessments. Councilman Gutzmer seconded the motion. MARIE AVENUE After a brief discussion, Mayor Huber moved that the completion IMPROVEMENTS date for construction of Marie Avenue improvements (Improvement No. 73, Project No. 2) be extended to November 1, 1975. Councilman Lockwood seconded the motion. Ayes: 5 Nays: 0 MISCELLANEOUS The Council acknowledged receipt of the Engineering Status Report for September, 1975. TENNIS COURTS Ayes: 5 Nays: 0 IVY FALLS WEST ADDITION Ayes: 5 Nays: 0 DUTCH ELM ASSESSMENTS The Council acknowledged receipt of the plans and specifications for tennis courts proposed to be constructed at Rogers Lake and on the property to be acquired from. J. McGough. After a brief discussion, Councilman Losleben moved that the staff be directed to advertise for bids for tennis courts construction, the bid opening to be held on October 20. Councilman Gutzmer seconded the motion. Engineer Kishel presented the final plans and specifications for the Ivy Falls West sanitary sewer improvements.. The City Attorney pointed out that prior to construction of the improvements, it will be necessary for James Riley to submit easements for cutting and sloping; and a letter from Mr. Riley certifying that he is the owner of the property. The Council concurred with the recommendation. After a brief discussion, Councilman Losleben moved the adoption of Resolution No. 75-83, "RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR IVY FALLS WEST ADDITION IMPROVEMENTS (IMPROVEMENT NO. 75, PROJECT NO. 3)." Councilman Gutzmer seconded the motion. After a brief discussion, Mayor Huber moved the adoption of Resolution No. 75-84, "RESOLUTION PROVIDING FOR REMOVAL OF Ayes: 5 Nays: 0 DELINQUENT SEWER RENTALS Ayes: 5 Nays: 0 WEED CUTTING Ayes: 5 Nays: 0 LIST OF CLAIMS Ayes: 5 Nays: 0 LICENSES Ayes: 5 Nays: 0 Page 590 October 7, 1975 DISEASED TREES AND PROVIDING FOR SPECIAL ASSESSMENTS THEREFOR. Councilman Lockwood seconded the motion. Mayor Huber moved the adoption of Resolution No. 75-85, "RESOLUTION CERTIFYING DELINQUENT SANITARY SEWER RENTAL CHARGES TO THE DAKOTA COUNTY AUDITOR FOR COLLECTION WITH REAL ESTATE TAXES." Councilman Wahl seconded the motion. After a brief discussion, Councilman Wahl moved the adoption of Resolution No. 75-86, "RESOLUTION CERTIFYING DELINQUENT CHARGE FOR CUTTING AND REMOVAL OF GRASS, WEEDS, AND OTHER RANK, POISONOUS OR HARMFUL VEGETATION TO THE COUNTY AUDITOR FOR COLLECTION WITH REAL ESTATE TAXES." Councilman Lockwood seconded the motion. Mayor Huber 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, October 7, 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 Lockwood seconded the motion. Councilman Wahl moved approval of the list of licenses, granting licenses to: Don Zebro Cement Co. Hartmann Builders Twin City Furnace Company JKH Construction Company, Inc. Rose Plumbing Walter's Construction Anco Construction Aquarius Swimming Pool Company, Inc. Mr. Siding, Inc. Mayor Huber seconded the motion. Cement Contractor License General Contractor License Heating License General Contractor License Plumbing License General Contractor License General Contractor License General Contractor License General Contractor License SURPLUS EQUIPMENT Ayes: 5 Nays: 0 DELAWARE AVENUE PEDWAY Ayes: 5 Nays: 0 C.E.T.A. EMPLOYEE Ayes: 5 Nays: 0 Page 591 October 7, 1975 Public Works Inspector Pearson explained his memo and request that the 1956 Diamond T dump truck be declared surplus equipment and be disposed of. After a brief discussion, Councilman Gutzmer moved that the 1956 Diamond T be declared surplus equipment and that the Public Works Inspector be authorized to accept bids for the sale of the truck. Councilman Losleben seconded the motion. City Administrator Johnson explained that the total financial obligation for the Delaware Avenue pedway construction amounts to approximately $41,000. The Mendota Heigh ts financial obligation would be one-third of the construction cost. He recommended that the Council authorize financial participation in the project. Councilman Wahl moved that the City participate in the Delaware Avenue pedway construction costs. Councilman Lockwood seconded the motion. Administrator Johnson outlined his memo regarding a salary increase for the CETA employee, Daniel Loiselle. After a brief discussion, Councilman Losleben moved that Daniel Loiselle be granted a salary increase from $650 to $728 per month, retroactive to August 1, 1975. Councilman Gutzmer seconded the motion. 1975 POLICE Administrator Johnson outlined the 1975 Agreement with the CONTRACT Police Department and Local 320 and recommended that it be approved. Ayes: 5 Nays: 0 SALARY INCREASE Ayes: 5 Nays: 0 GARAGE RENTAL Mayor Huber moved that the Mayor and Clerk be authorized to execute the 1975 Labor Contract with the Police Department. Councilman Losleben seconded the motion. Councilman Gutzmer moved that the salary for the Police Sergeant be increased to $1,315 per month, retroactive to January 1, 1975. Councilman Wahl seconded the motion. Administrator Johnson outlined a negotiated contract with Mr. Karl Hohenstein for leasing of a garage at 1898 Dodd Road for the Public Works Department. The contract would be effective on October 1, 1975 through September, 1976: the rental would be $1,500 ($125 per month). The City must also provide heating for the garage. Ayes: 5 Nays: 0 1976 BUDGET Ayes: 4 Nays: 1 Losleben Ayes: 5 Nays: 0 HALLOWEEN PARTY ADJOURN Ayes: 5 Nays: 0 Page 592 October 7, 1975 Mayor Huber moved that the agreement be approved and that the Mayor and Clerk be authorized to execute the agreement. Councilman Lockwood seconded the motion. The Council discussed the proposed 1976 Budget document at length. Several items were discussed, including the deletion of the budgeted amount for Shade Tree Disease Control ($19,000) and the possible deletion of the proposed Detective/Fire Marshall position, and a discussion of replacement of the Public Works Supervisor. After a lengthy discussion, Mayor Huber moved that the proposed 1976 Budget be reduced by $19,000 budgeted for Shade Tree Disease Control and that the possiblity of delaying hiring of a replacement for the Public Works Supervisor be considered. Councilman Wahl seconded the motion. Mayor Huber moved the adoption of Resblution No. 75-87, "RESOLUTION APPROVING 1975 TAX LEVY COLLECTIBLE IN 1976," as amended. Councilman Lockwood seconded the motion. Councilman Wahl requested and received Council approval to provide a Halloween Bonfire for City children again this year. There being no further business to come before the Council, Councilman Gutzmer moved that the meeting be adjourned. Councilman Lockwood seconded the motion. TIME OF ADJOURNMENT: 12:45 o'clock A.M. ATTEST: Donald L. Huber Mayor Ao, _ or adabaugh Clerk,Treasur