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1975-06-03 Council minutesPage 527 June 3,.1975 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, June 3, 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 the City Hall, 750 South Plaza Drive, Mendota Heights, Minnesota. Mayor Huber called the meeting to order at 8:10 o'clock P.M. The following members were present: Mayor Huber, Councilmen Gutzmer, Lockwood, Losleben and Wahl. APPROVE Councilman Wahl moved approval of the minutes of the MINUTES April 29 meeting. Councilman Gutzmer seconded the motion. Ayes: 5 Nays: 0 Councilman Losleben moved approval of the minutes of the May 6 meeting. Councilman Gutzmer seconded the motion. Ayes: 5 Nays: 0 Councilman Lockwood moved approval of the minutes of the May 20 meeting. Councilman Wahl seconded the motion. Ayes: 5 Nays: 0 HEARING -- FURLONG Mayor Huber opened the meeting for the purpose of a feasibility AVENUE AREA hearing on proposed sanitary sewer and water improvements to IMPROVEMENTS serve the Furlong Avenue area. Mayor Huber turned the meeting over to City Administrator Johnson for a brief history and explanation of the proposed improvements. Mr. Johnson stated that the hearing notice had been published in the Sun Newspaper and that copies of the notice and a letter explaining the proposed project had been sent to the property owners who would be affected by the proposed improvement: Mr. Johnson stated that along with the sewer and water improvements, an elevated water storage tank and trunk water line must also be considered. He explained the sanitary sewer portion of the project, stating that the property owned by the Metropolitan Airports Commission would not be affected by the sanitary sewer improvements, and described where the sewer line would be run. He stated that the estimated cost of the sewer portion of the project is $250,000. It has been recommended to the City Council that the cost of the sewer improvement be assessed by two methods, front foot assessment and area assessment. This would amount to an estimated $20.00 per front foot cost and $0.06 per square foot on the area basis. He stated that under this manner of assessment procedure, a portion of the cost of sewer construction would be assessed. Page 528 June 3,,1975 the undeveloped area included within the project area. The cost of the sewer improvement would amount to approximately $3,000 per lot, based on a standard 15,000 square foot lot. Mr. Johnson explained that the estimated cost for watermain construction would be approximately $235,000, and explained where the water lines would run. He stated that the MAC property would benefit from the water improvements and that the cost for water main construction would be distributed amongst the benefitting property owners, including MAC. He further explained that a portion of the cost for the 12" watermain would be paid by general taxes. The estimated assessment cost would be approximately $14 to $15 per lineal foot. He explained that the estimated $122,000 cost for a trunk water line and the estimated $718,000 cost for a 1.5 million gallon water storage tank would be borne by all of the water users in the community. Mr. Johnson pointed out that the total estimated cost for the proposed improvements for a standard 15,000 square foot lot would be approximately $4,300 to $4,500. He explained that the policy in the past has been to spread the assessments over a nineteen year period (for sewer and water), with an interest rate of 7% on the unpaid balance. Mayor Huber asked for questions and comments from the audience. Mr. Frank Boody, 1284 Lakeview, asked for cost figures on recently completed sewer and water projects for comparison purposes. Mrs. Jean Franson, 2170 Pilot Knob Road, stated that she owns 10 lots abutting Victory Lane and asked if a sanitary sewer assessment would be made against these lots. Miles Bredvold, 1281 Lakeview, asked about assessment procedures for odd-shaped lots. Mr. Richard Doffing, 1314 Furlong, asked about assessment policies for triangular lots. Bob Einsweiler, consultant for the MAC, stated that the matter of the proposed improvements has not officially been before the MAC as yet. He stated that the staff at the MAC will recommend the MAC participation in its share of the assessments for the proposed improvements if the City officials deem that the project is necessary. Mr. Ellsworth Stein, 1296 Lakeview, asked if objections to the improvements will be considered by the Council if the objections are submitted after the hearing is closed. Mr. Bernard Biessener, 1309 Furlong Avenue, stated that he has done some preliminary research on financial assistance for people who will he faced with assessments on this proposed project and that he will continue investigating the possibility Page 529 June 3, 1975 for such assistance. He stated that he will bring any information he can obtain to the next Council meeting. There being no further questions or comments fronythe audience, Mayor Huber requested that anyone with objections leave their names and objections with the City Clerk or submit written objections to the City offices. Councilman Gutzmer moved that the hearing be continued to June 17, 1975. Councilman Lockwood seconded the motion. Ayes: 5 Nays: 0 RECESS Mayor Huber called a recess at 9:04 o'clock P.M. The meeting readjourned at 9:20 o'clock P.M. MORATORIUM Ayes: 5 Nays: 0 BID AWARD Ayes: 5 Nays: 0 Mayor Huber moved the adoption of Resolution No. 75-41, "RESOLUTION EXTENDING BUILDING MORATORIUM," extending the moratorium on building in the Furlong Avenue area through June 17, 1975. Councilman Gutzmer seconded the motion. Engineer Kishel stated that the bids for the Bachelor Avenue improvements have been received and tabulated. He recommended that the bid be awarded to the low bidder, Kamar, Inc. for their bid of $85,153. Councilman Wahl moved the adoption of Resolution No. 75-42, "RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR BACHELOR AVENUE AND LANSFORD LANE IMPROVEMENTS (IMPROVEMENT NO. 74, PROJECT NO. 7)," awarding the bid to Kamar, Inc. Councilman Losleben seconded the motion. STREET OILING AND Engineer Kishel outlined the tabulation of bids received for SEAL COATING 1975 street oiling and seal coating. He recommended that the low bid from Allied Blacktop Company for seal coating and from B-Tu-Mix for Street Oiling be approved. Councilman Losleben moved the adoption of Resolution No. 75-43, "RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR 1975 SEAL COATING," awarding the bid to Allied Blacktop Company of Minneapolis for the bid of $17,990.00. Councilman Gutzmer seconded the motion. Ayes: 5 Nays: 0 Councilman Gutzmer moved the adoption of Resolution No. 75-44, "RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR 1975 STREET OILING,"awarding the bid to B-Tu-Mix Company of Inver Grove Heights for the bid of $2,150.00. Councilman Wahl seconded the motion. Ayes: 5 Nays: 0 ANIMAL HOSPITAL Ayes: 5 Nays: 0 DRAINAGE PLANS, SHEEHY Ayes: 5 Nays: 0 PLANNING COMMISSION CASE NO. 75-8, HOPKINS Ayes: 5 Nays: 0 CASE NO. 75-9, SORENSON Page 530 June 3,.1975 Dr. Thomas Koepke presented landscaping plans for the Mendota Heights Animal Hospital. After a brief discussion, Councilman Losleben moved the approval of the landscape plans for the Mendota Heights Animal Hospital. Mayor Huber seconded the motion. Mr. Dick Sheehy presented and explained drainage plans for the proposed McDonald's site. He explained that 18" to 30" corrigated metal piping would be installed underground to connect to a 36" corrigated metal piping and fifteen feet of riprap along the parking lot surface. Mayor Huber pointed out th the drawing shows blacktop curbing and that the Council would only approve concrete curbing. Administrator Johnson outlined the several necessary conditions for approval, including construction of the retention pond shown on "Figure 4" dated in May, 1975; collection of drainage by catch basins and piping underground into the retention basin; incorporation of the. details outlined on a drawing entitled "McDonald's Mendota Plaza" dated September 17, 1974; landscaping to include at least nine 2-212 green ash trees; and the inclusion of concrete rather than asphalt curbing. Councilman Gutzmer moved the adoption of Resolution No. 75-45, "RESOLUTION GRANTING CONDITIONAL USE PERMIT TO SHEEHY CONSTRUCTIO: COMPANY TO FILL SITE AND CONSTRUCT SEDIMENTATION POND AND SETTING FORTH CONDITIONS THEREFOR." Mayor Huber seconded the motion. The Council acknowledged receipt of the minutes of the May 27, 1975 Planning Commission meeting. Mr. Gary Hopkins was present to request approval of a variance to construct a home on an undersized lot. Mr. Hopkins proposes to construct a 24 foot by 40 foot home on a 60 foot by 125 foot lot located at 663 Second Avenue. After a brief discussion, Councilman Gutzmer moved that the application be approved, granting a variance from the required lot size for Lot 14, Block 7, T.T. Smith Subdivision No. 3 (approximately 663 Second Avenue). Councilman Wahl seconded the motion. The Council discussed a report submitted by the City Planner recommending approval of a variance from lot size for Lot 2, Bloxk 2, Breckenridge Estates. The application submitted by Gary Sorenson requested a variance of 3,000 square feet from the 40,000 square foot requirement. On the recommendation of the City Planner and Planning Ayes: 5 Nays: 0 PARK-A-RAMA Ayes: 5 Nays: 0 Page 531 June 3,.1975 Commission, Mayor Huber moved approval of a 3,000 square foot variance from the lot size requirement for Lot 2, Block 2, Breckenridge Estates. Councilman Lockwood seconded the motion. The Council acknowledged receipt of Park Commission Chairman Kevin Howe regarding the 1975 Park-A-Rama. Park-A-Rama days are scheduled for June 28 and 29, and Administrator Johnson recommended formal establishment of the two dates as "Mendota Heights Days." Mayor Huber moved the adoption of Resolution No. 75-50, "RESOLUTION ESTABLISHING MENDOTA HEIGHTS DAYS," June 28 and June 29, 1975. Councilman Losleben seconded the motion. CLEMENT/VANDALL Engineer Kishel presented a revised proposal for the proposed IMPROVEMENTS Clement/Vandall area improvements. Administrator Johnson pointed out that the plan has been discussed with area residents on a number of occasions since the feasibility hearing. Administrator Johnson outlined the proposal for the Council and the area residents present. The Council acknowledged receipt of a counter proposal and letter from the area residents. Mr. Jerry Logan, representative of the area residents, stated that the residents have spent a considerable amount of time researching the counter-proposal, and that the residents do not favor the most recent proposal outlined by Mr. Kishel. He stated that the residents are concerned about the width of the east/west streets and the necessity for curb and gutters and storm sewers. He further stated that the residents feel that a 36 foot width for First Avenue would be unsafe and that First Avenue is not necessary as a collector street. He requested that a decision be set aside until a rapport can be established between the residents and the Council. Mr. Jack Hoeschler,'attorney for the Somerset 19 residents, stated that the Somerset 19 residents do not feel their property (on which the ponding area is proposed to be placed) would benefit from the storm sewer improvements. He further stated that the residents of Somerset 19 support the feelings of the residents of the Clement/Vandall area regarding street and storm sewer improvements. Each of the members of the Council outlined their feelings about the proposed street widths and the proposed storm sewer construction for the residents in the audience. RECESS Mayor Huber called a recess at 10:50 o'clock P.M. The meeting was readjourned at 11:00 o'clock P.M. COMMUNICATIONS The Council acknowledged and briefly discussed a letter submitted by nine residents objecting to the moving of a home to 2303 Swan Drive. The Council also acknowledged receipt of MISCELLANEOUS COMMUNICATIONS Page 532 June 3, 1975 a letter from Dale Peterson, Building Inspector for the City of Eagan, regarding this matter. The Council acknowledged receipt of letters from the following residents regarding the proposed Clement/Vandall area improvements: Mr. & Mrs. Charles F. Walter, 1840 Somerset Court; Leo C. Bolger, 640 Second Avenue; Mr. & Mrs. B.Lee Smith, 717 Third Avenue; Robert Burow, 654 Third Avenue; Frank J. Thera, 1397 Clement Avenue. - The Council also acknowledged receipt of an excerpt from the District 197 Board Briefs regarding the extension of Warrior Drive and the Delaware Avenue pedway and a letter from the School District regarding the extension of Warrior Drive. The Council acknowledged receipt of a letter from Mr. & Mrs. Stanley Kane, 1678 Lilac Lane. Mr. & Mrs. Kane were present and asked whether there are any ordinance provisions to require fences around tennis courts and if there is no such requirement, asked the Council to adopt.. such an ordinance. The Council discussed the matter at length, and it was the concensus that no action should be taken by the Council on the Kane's request at this time. The Council acknowledged receipt of a letter from the MTC requesting approval of an expansion of services to include operation of buses on South Plaza Drive and permission to use a turnaround area on Pagel Road, Dodd Road and the off-street graded area. Mayor Huber moved that the request for MTC route expansion be approved. Councilman Wahl seconded the motion. Ayes: 5 Nays: 0 DEPARTMENT The Council acknowledged receipt of the Fire Department REPORTS monthly report for April, 1975. SUBDIVISION The Council discussed the proposed Subdivision Ordinance and ORDINANCE acknowledged receipt of recommended corrections from the City Planner and City Attorney. Administrator Johnson recommended that the Subdivision Ordinance be approved, incorporating the corrections suggested by the Planner and Attorney except the proposed change in the easement policy. Councilman Lockwood moved the adoption of Ordinance No. 131, "AN ORDINANCE ESTABLISHING REGULATION FOR THE SUBDIVISION AND AND PLATTING OF LAND WITHIN THE CITY OF MENDOTA HEIGHTS...," (Codified as Ordinance No. 301.) Councilman Gutzmer seconded the motion. Ayes: 5 Nays: 0 SIGN VIOLATION Administrator Johnson noted the Planning Commission comments on a sign violation. Mr. Johnson stated that an advertising sign Page 533 June 3, 1975 for Eagle Ridge has been placed on the Rossetter property across from Diamond Jim's. He pointed out that the sign is in violation of the Zoning Ordinance. Two letters have been sent to Mrs. Rossetter and the owners of Eagle Ridge advising of the violation and that the sign must be removed, however there has been no response to the letters. Mayor Huber pointed out that a variance must be acquired or an ordinance violation should be issued. Councilman Losleben stated that he would contact Howard Bream on the matter. I-35E Councilman Losleben moved the adoption of Resolution No. 75-46 "RESOLUTION SUPPORTING COMPLETION OF I-35E." Mayor Huber seconded the motion. Ayes: 5 Nays: 0 MISCELLANEOUS Mayor Huber suggested that the City officials take the aggressive stand on highway construction. He suggested the City commission Howard Dahlgren to prepare a study on highways and their affect on Mendota Heights, with financing via Federal Revenue Sharing funds. The Council concurred with the recommendation. EMPLOYMENT Administrator Johnson stated that two office employees have CHANGES resigned, Mrs. Phyllis Lang, part-time police clerk, and Mrs. Betty Anderson, receptionist. He recommended that Mrs. Carol Bakka, 670 Atlantic Hills Drive, Eagan, be employed as part- time police clerk with a probationary employment salary of $2.70 per hour. He also recommended that Miss Barbara Bray, 341 East Butler, West St. Paul be employed as receptionist at a probationary employment salary of $500. per month. Mayor Huber moved that the employment of Mrs. Carol Bakka and Miss Barbara Bray be approved at the recommended salary. Ayes: 5 Nays: 0 ADMINISTRATIVE INTERN Ayes: 5 Nays: 0 TH 13 Councilman Losleben seconded the motion. Administrator Johnson recommended that Mr. Gary Herbst be employed as Administrative Intern for ten weeks at a salary of $30. per week. Councilman Gutzmer moved that Gary Herbst be employed as Administrative Intern. Councilman Wahl seconded the motion. The Council acknowledged receipt of a notice from the City Administrator regarding reconstruction of a portion of TH 13. He advised the Council that the reconstruction will probably continue for the next several months. FIRE DEPARTMENT COMPENSATION Ayes: 5 Nays: 0 Page 534 June 3, 1975 Administrator Johnson outlined his memo regarding a compen- sation increase for members of the Volunteer Fire Department. He recommended approval of the following rates: Starting $4.00/hr. 2nd Year $4.50 /hr. 3rd thru 9th year $5.00 10 years and over $5.00 Captains $5.50 Drills, Clean -ups, Meeting $4.00 each Mileage None Mayor Huber moved approval of the recommended Volunteer Fire Department compensation increases. Councilman Gutzmer seconded the motion. 1974 AUDIT The Council acknowledged receipt of the 1974 Audit. PLANNED USE The Council acknowledged receipt of copies of the proposal for REPORT the Federal Revenue Sharing Planned Use Report, and authorized the Mayor to sign the report as submitted. MISCELLANEOUS The Council acknowledged receipt of the Space Study and the May, 1975 Engineering Status Report. ASSESSMENT Engineer Kishel recommended that the following projects be HEARINGS scheduled for assessment hearings on July 8: Mendota Heights Industrial Park; 1974 Street Resurfacing; and Carlson /Kirchert. Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 MARIE PARK POND Councilman Wahl moved the adoption of Resolution No. 75 -47, "RESOLUTION AUTHORIZING PREPARATION OF ASSESSMENT ROLL AND CALLING FOR HEARING ON ASSESSMENT ROLL FOR MENDOTA HEIGHTS INDUSTRIAL PARK IMPROVEMENTS (IMPROVEMENT NO. 73, PROJECT NO. 3." Councilman Gutzmer seconded the motion. Councilman Wahl moved the adoption of Resolution No. 75 -48, "RESOLUTION AUTHORIZING PREPARATION OF ASSESSMENT ROLL AND CALLING FOR HEARING ON ASSESSMENT ROLL FOR CARLSON /KIRCHERT SEWER AND WATER IMPROVEMENTS (IMPROVEMENT NO. 74, Project No. 4). Councilman Gutzmer seconded the motion. Councilman Wahl moved the adoption of Resolution No. 75 -49, "RESOLUTION AUTHORIZING PREPARATION OF ASSESSMENT ROLL AND CALLIN FOR HEARING ON ASSESSMENT ROLL FOR 1974 STREET IMPROVEMENTS (IMPROVEMENT NO. 74, PROJECT NO. 5." Councilman Gutzmer seconded the motion. Engineer Kishel also recommended the establishment of assessment hearings for Marie Avenue East (Improvement 73, Project 1), and Inland Industrial Park (Improvement 74, Project 1) on August 12. The Council acknowledged receipt of a study from the City Engineer on the Marie Park Pond, and directed that the matter be placed on the June 17 agenda. DELAWARE AVENUE PEDWAY Ayes: 5 Nays: 0 ASSESSMENT REFUND Ayes: 5 Nays: 0 SALE OF EQUIPMENT Ayes: 5 Nays: 0 LIQUOR LICENSE Ayes: 5 Nays: 0 LICENSES Ayes: 5 Nays: 0 LIST OF CLAIMS Page 535 June 3, 1975 Councilman Wahl moved that the Mayor be authorized to execute an agreement with School District 197 , City of West St. Paul and Dakota County for construction of a pedway/bikeway along a portion of Delaware Avenue. Councilman Gutzmer seconded the motion. Councilman Gutzmer moved that an assessment refund of $211.08 be made to Joseph Gangl for property acquired by the City in connection with the Zachman/Shields improvements (Improvement No. 72, Project No. 7.) Mayor Huber seconded the motion. Public Works Inspector Pearson outlined his memo recommending the sale of the following City equipment: 8N Ford Trailor with 5-foot mounted sickle mower; Dearborn Hydraulis Loader; Mars Pickup Sweeper; Gilson Snow Blower; Tailgate Sand Spreader; Hitch for Toro Trailing 3-gang mower; two 40 H.P. Electric Motors; 2 Autocon Alarm Boxes; one Aeriol Oil Fired Trailer- Mounted Tar Kettle. After a brief discussion, Mayor Huber moved that the items listed be declared surplus property and that the staff be authorized to sell the equipment. Councilman Gutzmer seconded the motion. Mayor Huber moved that a 3.2 malt liquor "on-sale" license be granted to the Mendota Heights Fire Department for June 28 and June 29. Councilman Lockwood seconded the motion. Councilman Wahl moved approval of the list of licenses, granting licenses to: James R. Peters Excavating Clemen Construction, Inc. B-Tu-Mix Company Lyn/Dale Homes Johnson Bros. Housemovers, Inc. Lance Bartlett, Inc. Findell Cement, Inc. Lawrence Plumbing Mayor Huber seconded the motion. Excavating License General Contractor License General Contractor License General Contractor License House Moving License Masonry License Masonry License Plumbing License Council an 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 Ayes: 5 Nays: 0 ADJOURN Ayes: 5 Nays: 0 ATTEST: Page 536 June 3,1975 hereto and identified as List of Claims submitted for payment, June 3, 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 Gutzmer seconded the motion. There being no further business to come before the Council, Councilman Wahl moved that the meeting be adjourned. Mayor Huber seconded the motion. TIME OF ADJOURNMENT: 12:36 o'clock P.M. Donald L. Huber, Mayor dabaugh lerk-Treasurer