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1976-11-02 Council minutesPage 743 November 2, 1976 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA 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 Losleben, Mertensotto and Wahl. Mayor Huber had notified the Council that he would be out of town. APPROVE Councilman Wahl moved approval of the minutes of the MINUTES October 5 meeting with correction. Councilman Losleben seconded the motion. Ayes: 4 Nays: 0 Ayes: 4 Nays: 0 FINAL PAYMENT Ayes: 4 Nays: 0 IVY FALLS WEST BID AWARD Acting Mayor Lockwood moved approval of the minutes of the October 19 meeting. Councilman Mertensotto seconded the motion. Councilman Mertensotto moved the adoption of Resolution No. 76-87, "RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT (IMPROVEMENT NO. 73, PROJECT NO. 2)," approving the final payment of $17,060.09 to Fischer Sand and Aggregate for work completed on Marie Avenue improvements, Dodd Road to Victoria Avenue. Councilman Wahl seconded the motion. Mr. James Riley was present to request that a bid award be made for Ivy Falls West (Phase II) improvements subject to filing of the final plat. It was the concensus of the Council that the plat should be properly recorded prior to a bid award, and that the matter should be continued to November 9. CASE NO. 76-17, Acting Mayor Lockwood opened the meeting for the purpose of ACACIA PARK a hearing on an application for conditional use permit from CEMETERY Acacia Park Cemetery for a utility building. Mr. Carl Cummins, representing the applicant, made a presentation of the proposed plans for the Council. He noted that any sand, gravel and cement will be stored inside. Acting Mayor Lockwood asked for questions and comments from the audience. There being no questions or comments, Councilman Wahl moved that the hearing be closed and moved the adoption of Resolution No. 76-88, "RESOLUTION APPROVING CONDITIONAL USE PERMIT," incorporating the conditions recommended by the Planning Commission and the condition that the present utility structure be removed or razed within 90 days after construction of the Ayes: 4 Nays: 0 CASE NO. 76-14, SONS OF JACOB Ayes: 4 Nays: 0 CHANGE ORDER, IMPROVEMENT NO. 74, PROJECT NO. 8 Ayes: 4 Nays: 0 WETLANDS SYSTEM ORDINANCE Ayes: 4 Nays: 0 Page 744 November 2, 1976 new building. Councilman Losleben seconded the motion. The hearing was closed at 8:37 o'clock P.M. The Council acknowledged receipt of a letter from Mr. Stuart Radsom, attorney for the Congregation of the Sons of Jacob„ requesting that the hearing on the application for conditional use permit for a synagogue be continued to December 7. The Council also acknowledged receipt of a letter from Mr. & Mrs. Eric Miller, 1162 Veronica Lane, supporting approval of the Conditional Use Permit. Councilman Mertensotto moved that the hearing be continued to December 7. Councilman Losleben seconded the motion. Councilman Losleben moved that discussion on the proposed Change Order to the Clement/Vandall improvement project be continued to November 16. Acting Mayor Lockwood seconded the motion. Planning Consultant Howard Dahlgren presented and reviewed the final draft of the proposed Wetlands System Ordinance and associated map for the Council. Aftera7r=•rief dl-acusdion, Councilman Losleben moved the adoption of Ordinance No. 140, "WETLANDS SYSTEM ORDINANCE." Councilman Wahl seconded the motion. PLANNING COMMISSION The Council acknowledged receipt of the minutes of the October 26 Planning Commission meeting. CASE NO. 76-23, GLEWME SUBDIVISION Ayes: 4 Nays: 0 CASE NO. 76-25, ERNST VARIANCE The Council briefly discussed the proposed subdivision and requested that Mr. & Mrs. Glewwe consider and approve of the Planning Consultant's recommendation to reduce the proposed new lot depth by 20 feet. Acting Mayor Lockwood moved that further discussion on the subdivision application be tabled to November 16. Councilman Wahl seconded the motion. After a brief discussion, Councilman Losleben moved approval of the application for variance requested by Mr. Joseph S. Ernst, 1003 Chippewa Avenue, granting a seven foot variance from the Page 745 November 2, 1976 sideyard setback and twenty-seven foot variance from the rear yard setback requirement at 1003 Chippewa Lane to allow construction of a garage. Councilman Wahl seconded the motion. Ayes: 4 Nays: 0 CASE NO. 76-26, Mr. Thomas Condon was present to request approval of an CONDON SUBDIVISION application for the subdivision of 2511 Dodd Road. Mr. Condon presented a revised Certificate of Survey to the Council as was requested by the Planning Commission. Ayes: 4 Nays: 0 CASE NO. 76-28, JOHNSON VARIANCE Ayes: 4 Nays: 0 TH 110 TRAIL AND OVERPASS COMMUNICATIONS After a brief discussion, Councilman Wahl moved approval of the subdivision, contingent upon receipt of a satisfactory park contribution. Councilman Losleben seconded the motion. Mr. Peter Wolff, representing Mr. Lynn. Johnson, was present to request approval of a sideyard setback variance at 689 Arcadia Drive to allow Mr. Johnson to expand his present garage. The variance as requested would allow the garage expansion to be constructed to within 20 feet from Cascade Lane. After a brief discussion, Acting Mayor Lockwood moved that the variance be approved as requested. Councilman Losleben seconded the motion. Planning Consultant Dahlgren reviewed the concepts of bicycle/ pedway needs and presented a tentative scheme for an overpass over T.H. 110. He explained the FAU grant application considerations and his feeling that Mendota Heights should pursue federal funding. After considerable discussion, the Council informally approved preparation of an application for FAU funding and directed that the Planning Commission proceed on the matter and invite the Park Commission participation in any studies on trails and a TH 110 overpass. The Council acknowledged receipt of a letter from Mr. & Mrs. Harlan Anderson, 2119 Patricia Street, in appreciation for the Council's action on the recent Lexington Avenue noise abatement petition and subsequent "No Truck Traffic" posting of Lexington Avenue. The Council acknowledged receipt of a letter from the Minnesota Energy Agency regarding the Agency's application for federal funding of a demonstration project to disseminate infrared aerial photographs. November 2, 1976 Page 746 Councilman Losleben moved that the Minnesota Energy Agency be notified of the desire for Mendota Heights to be included in the demonstration project. Councilman Wahl seconded the motion. Ayes: 4 Nays: 0 MISCELLANEOUS The Council acknowledged receipt of the Fire Department monthly report for September, 1976. METROPOLITAN Acting Mayor Lockwood moved that Joint Use Rental Agreement WASTE CONTROL No. 155 be renewed for 1977. COMMISSION Councilman Losleben seconded the motion. Ayes: 4 Nays: 0 ELECTION CANVASSING Acting Mayor Lockwood moved that an Election Canvassing Board BOARD meeting be established for 7:00 P.M., November 4. Councilman Wahl seconded the motion. Ayes: 4 Nays: 0 POND MAINTENANCE Ayes: 4 Nays: 0 Attorney Winthrop presented a proposed agreement with Sheehy Properties relative to the maintenance of the ponding area for which a conditional use permit was granted by the Council on April 6, 1976. After a brief discussion, Councilman Mertensotto moved that the Acting Mayor and City Clerk be authorized and directed to execute the agreement. Councilman Losleben seconded the motion. PETITION FOR The Council acknowledged and discussed a memo from Public Works IMPROVEMENTS Inspector Pearson regarding a petition for street, sewer and water improvements on Mayfield Heights Lane. Mr. Pearson recommended that the City Engineer be directed to prepare a feasibility report on the requested improvements. Ayes: 4 Nays: 0 EXCESS EQUIPMENT Councilman Wahl moved the adoption of Resolution No. 76-89, "RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT ON IMPROVEMENTS." Councilman Losleben seconded the motion. The Council acknowledged receipt of a memo from Public Works Inspector Pearson regarding disposal of surplus, inactive and unclaimed equipment. The equipment includes: a 1970 Plymouth sedan, a 1972 Plymouth sedan, an Essex Roller, 16 voting booths, and several bicycles, a washer and dryer which have been in the custody of the Police Department and unclaimed for at least six months. Page 747 November 2, 1976 Councilman Losleben moved that the list of items submitted by the Police Chief and Public Works Inspector be declared surplus and that the items be disposed of in accordance with Ordinance No. 912 and applicable Statutes concrning the purchase and disposal of municipal properties. Councilman Wahl seconded the motion. Ayes: 4 Nays: 0 LIST OF CLAIMS Councilman Losleben moved the adoption of the following motion: Ayes: 4 Nays: 0 LICENSES Ayes: 4 Nays: 0 ADJOURN Ayes: 4 Nays: 0 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, November 2, 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. Acting-:Mayor Lockwood seconded the motion. Acting Mayor Lockwood moved approval of the list of licenses, granting licenses to: Anco Construction Corporation Sun Mechanical & Electrical Co. Trana and Craven Masonry Councilman Wahl seconded the motion. General Contractor License Plumbing License Masonry License There being no further business to come before the Council, Acting Mayor Lockwood moved that the meeting be adjourned to 7:30 o'clock P.M., Tuesday, November 9. Councilman Wahl seconded the motion. TIME OF ADJOURNMENT: 10:45 o'clock P.M. -ATTEST: Robert G. Lockwood Acting Mayor Clerk- dabaugh reasurer Page 750 November 9, 1976 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Adjourned Meeting Held Tuesday, November 9, 1976 Pursuant to due call and notice thereof, the adjourned meeting of the City Council, City of Mendota Heights was held at 7:30 o'clock P.M. at the City Hall, 750 South Plaza Drive, Mendota Heights, Minnesota. Acting Mayor Lockwood called the meeting to order at 7:40 o'clock P.M. The following members were present: Acting Mayor Lockwood, Councilmen Losleben and Wahl. Councilman Mertensotto had notified the Council that he would be late. Mayor Huber had notified the Council that he would be out of town. BID AWARD, IVY Acting Mayor Lockwood noted that the meeting had been adjourned FALLS WEST ADDITION from the regular meeting of November 2 for the purpose of award- ing the bid for the Ivy Falls West improvement project. Mr. James Riley stated, and City Administrator Johnson confirmed, that the final plat had been filed with the Dakota County Auditor during the day. Ayes: 3 Nays: 0 INVESTMENTS Ayes: 4 Nays: 0 ADJOURN Ayes: 4 Nays: 0 ATTEST: After a brief discussion, Acting Mayor Lockwood moved the adoption of Resolution No. 76 -90, "RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR CONSTRUCTION OF SANITARY SEWER, WATER, STREET AND STORM SEWER IMPROVEMENTS TO SERVE THE IVY FALLS WEST ADDITION (IMPROVEMENT NO. 75, PROJECT NO. 3, STAGE II)," awarding the bid to Fischer Sand and Aggregate, Inc. in the amount of $169,489.51. Councilman Losleben seconded the motion. Councilman Mertensotto arrived at 7:55 o'clock P.M. Councilman Wahl moved that the Clerk - Treasurer be authorized to invest $360,000 for three months and $300,000 for six months with the Cherokee State Bank at 51% interest. Councilman Losleben seconded the motion. There being no further business to come before the Council, Councilman Losleben moved that the meeting be adjourned. Councilman Wahl seconded the motion. TIME OF ADJOURNMENT: 8:07 +' loc P.M. Ar _1.1 # .I 'l- dabaugh Robert G. Lockwood, Acting Mayor G erk Treasurer Page 748 November 4, 1976 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Election Canvassing Board Meeting Held November 4, 1976 Pursuant to due call and notice thereof, the City Council of the City of Mendota Heights sat as the Election Canvassing Board; the meeting was held at 7:00 o'clock P.M. at the City Hall, 750 South Plaza Drive, Mendota Heights, Minnesota. Acting Mayor Lockwood called the meeting to order at 7:00 o'clock P.M. The following members were present: Acting Mayor Lockwood, Councilmen Losleben, Mertensotto and Wahl. Mayor Huber had notified the Council that he would be out of town. Acting Mayor Lockwood moved that the Canvassing Board approve the results of the counting and canvass of votes by ballot at the General Election of the City of Mendota Heights, held November 2, 1976. The minutes of the City Election, submitted by the Clerk of Election, showed the following results: Candidates for Mayor Prec. #1 #2 #3 #4 Total Robert G. Lockwood 602 509 358 677 2,146 John L. Murphy 507 351 221 434 1,513 Undervotes 108 96 76 95 375 Overvotes 1 1 2 0 4 1,220 957 657 1,206 4,038 Candidates for Councilman Prec. 41 #2 #3 #4 Total John Hartmann 407 274 185 297 1,163 Michael L. Kluznik 295 182 137 269 883 James P. Losleben 394 552 266 543 1,755 Charles E. Mertensotto 467 500 320 545 1,832 James E. Schaberg 505. 322 242 514 1,583 William J. Steinke 410 239 185 389 1,223 James H. Thomas 470 233 170 376 1,249 Undervotes 676 563 460 667 2,366 Overvotes 30 6 6 18 60 3,654 2,871 1,971 3,618 12,114 Robert G. Lockwood was declared Mayor, term of two years, January 1, 1977 through December 31, 1978; James P. Losleben and Charles: E. Mertensotto were declared elected Councilmen, term of four years, January 1, 1977 through December 31, 1980; James E. Schaberg was declared elected Councilman, term of two years, January 1, 1977 through December 31, 1978. Motion seconded by Councilman Wahl. Ayes: 5 N:ys: 0 Ayes: 5 Nays: 0 ATTEST: Page 749 November 2, 1976 There being no further business to come before the Canvassing Board, Councilman Losleben moved that the meeting be adjourned. Motion seconded by Acting Mayor Lockwood. Time of Adjournment: 7:22 Radabaugh, fi er -Treasurer Robert G. Lockwood, Acting Mayor