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1975-05-06 Council minutesPage 519 May 6, 1975 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, May 6, 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 8:00 o'clock P.M. The following members were present: Mayor Huber, Councilmen Gutzmer, Losleben and Wahl. Councilman Lockwood is recuperating from surgery and notified the Council that he would not be present. ANIMAL HOSPITAL LANDSCAPE PLANS COMMUNICATIONS Dr. Thomas Koepke presented landscape plans for the Mendota Heights Animal Hospital. He stated that all of the property will be graded, sodded and shrubs will be placed in the front and on the sides of the building, and seeds will be planted in the back of the lot. Mayor Huber pointed out that a time table for the planting should be shown on the landscape plans, and suggested that Dr. Koepke bring a new set of plans to the June 3 meeting. The Council acknowledged receipt of a letter from School District 197 regarding joint City/School use of the School District recreational facilities. The Council acknowledged receipt of a memo from the League of Minnesota Municipalities regarding nominations for officers and directors. The Council acknowledged receipt of a letter from Senator Howard Knutson regarding the proposed SF 939. CLEMENT/VANDALL The Council acknowledged receipt of two petitions and a counter- AREA PROPOSED proposal for Clement/Vandall proposed improvements. The IMPROVEMENTS Council also acknowledged receipt of letters from the following in regard to the proposed improvements: Mrs. J.S. Wallace, 687 Second Avenue, Mrs. & Mrs. Walter Kaufer, 721 Third Avenue, Mr; & Mrs. Fred Metcalfe III, 1355 Clement, Gregory Quehl, 691 Third Avenue, Mr. & Mrs. Kelly Strebig, 1421 Clement, Edwina M. Burrows, 668 First Avenue, Mr. & Mrs. George Leach, 719 Third Avenue, Mr. & Mrs. John Rolig, 679 Third Avenue. Mayor Huber suggested to the residents from the area who were present that two or three people be appointed by the residents to represent them in discussions and meetings with staff members. Mayor Huber suggested that Mr. John Rolig be one of the representatives. COMMUNICATIONS Page 520 May 6, 1975 The Council acknowledged receipt of a letter from the Treasurer of the Dakota County League of Municipalities regarding membership dues. The Council also acknowledged receipt of an excerpt from the School District newsletter regarding the extension of Warrior Drive and a notice from the Association of Metropolitan Municipalities regarding the annual membership meeting to be held on May 22. DEPARTMENT REPORTS The Council acknowledged receipt of the Fire Department monthly report for March, 1975 and the Police Department monthly report for April, 1975. PLANNING COMMISSION The Council acknowledged receipt of the minutes of the April 22 Planning Commission meeting. CASE NO. 75-4, Mr. Arthur Mulvihill was present to request approval to MULVIHILL construct a detached garage on his property at 1154 Orchard Place. Administrator Johnson pointed out that the Planning. Commission recommended approval of the building permit and refund of the $25.00 variance application fee. It was the concensus of the Planning Commission that a variance was not required. Ayes: 4 Nays: 0 CASE NO. 75-6, DALGLISH Ayes: 4 Nays: 0 CASE NO. 75-7, THESING Ayes: 4 Nays: 0 Councilman Losleben moved that the building permit be approved and that the $25.00 variance application fee be refunded. Councilman Wahl seconded the motion. Mr. Herb Dalglish, 1054 Sibley Highway, was present to request a variance to construct a garage which would extend seven feet in front of his home. Councilman Wahl moved that the variance be approved. Mayor Huber seconded the motion. Mr. Dale Thesing, 2354 Apache Street, was present to request approval of a rear yard and sideyard setback variance to construct a garage on his lot. Mayor Huber moved that the application for variance be approved, granting a 24 foot rear yard variance and a 20 foot sideyard variance to allow construction of a garage at 2354 Apache. Councilman Losleben seconded the motion. PLANNING Mayor Huber introduced Mr. Howard Dahlgren, of Howard Dahlgren CONSULTANT Associates, the new City Planning Consultant. Mr. Dahlgren stated that as founder of Midwest Planning he has been involved in planning for Mendota Heights since 1958. He stated that he has now retired from Midwest Planning and will be working as Planner for Mendota Heights, Burnsville and Roseville. Mr. Dahlgren outlined his background as well as the early planning history of Mendota Heights. EAGLE RIDGE EAST Page 521 May 6, 1975 Mr. Carmen Tuminelly was present to request approval of the preliminary plat for development of Eagle Ridge East. He stated that there will be three townhouses consisting of a total of 16 units. Administrator Johnson pointed out that the parking area is twenty feet from Marie Avenue, which is an encroachment on the right-of-way and would require a variance. Mayor Huber pointed out that the building concept is consistent with the originally approved concept plan, so all that would be necessary would be a variance, or perhaps a change in the parking location. The Council referred the matter to the Planning Consultant for review. SUBDIVISION The Council acknowledged receipt of the proposed Subdivision ORDINANCE Ordinance. The matter was tabled until June 3 to await response by the Planning Commission and recommendation from' the Planning Consultant. TAX FORFEIT Administrator Johnson stated that the City has received a PROPERTY notice from Dakota County regarding tax forfeit property. The County has requested that the two parcels, a portion of Lot 7, Caroline's Lakeview Addition, and a small portion of Lot 9, be classified as non-conservation land. Mr. Johnson recommended that Lot 7 be declared conservation land and that the County be requested to transfer title to this property to the City. He further recommended that the non-conservation classification request for Lot 9 be approved. Councilman Gutzmer moved that the County be requested to retain Lot 7 in the conservation classification, that the County be requested to transfer ownership of Lot 7 to the City and that the Mayor and Clerk be authorized to sign the appropriate governmental transfer forms to transfer the subject portion of Lot 7 to City ownership. Councilman Losieben seconded the motion. Ayes: 4 Nays: 0 Ayes: 4 Nays: 0 FURLONG AREA Councilman Gutzmer moved that the Mayor and City Clerk be authorized to sign the appropriate forms to declare Lot 9 as non-conservation land. Councilman Losleben seconded the motion. Administrator Johnson reminded the Council that the building moratorium in effect for the Furlong area will expire on May 18. He recommended that a feasibility hearing for sanitary sewer and water improvements for the area be scheduled. After a brief discussion, Councilman Wahl moved the adoption of Resolution No. 75-32, "RESOLUTION ACCEPTING ENGINEER'S REPORT AND CALLING FOR HEARING ON PROPOSED CONSTRUCTION OF A WATER DISTRIBUTION SYSTEM, AN ELEVATED WATER STORAGE TANK, A TRUNK WATER CONNECTING LINE AND A SANITARY SEWER SYSTEM Page 522 May 6, 1975 TO SERVE THE FURLONG AVENUE AREA AND ADJACENT AREAS," the hearing to be held on June 3. Councilman Gutzmer seconded the motion. Ayes: 4 Nays: 0 Mayor Huber moved the adoption of Resolution No. 75-33, "RESOLUTION EXTENDING BUILDING MORATORIUM ESTABLISHED IN RESOLUTION NO. 74-100 AND EXTENDED BY RESOLUTION NO. 75-22," extending the moratorium through June 3, 1975. Councilman Gutzmer seconded the motion. Ayes: 4 Nays: 0 CONSOLIDATED DEBT Administrator Johnson outlined his memo on the establishment SERVICE FUND of a Consolidated Debt Service Fund. After a brief discussion, Mayor Huber moved the adoption of Ordinance No. 130, "AN ORDINANCE ESTABLISHING THE CONSOLIDATED IMPROVEMENT BOND DEBT SERVICE FUND OF THE CITY OF MENDOTA HEIGHTS AND PROVIDING SECORITY FOR THE BONDS PAYABLE THEREFROM." Councilman Wahl seconded the motion. Ayes: 4 Nays: 0 RECREATION The Council acknowledged receipt of a proposed schedule of PROGRAM fees for 1975 summer recreation programs. Administrator Johnson noted that the Park and Recreation Commission had recommended approval and adoption of the schedule. Councilman Losleben moved approval of the proposed 1975 summer recreation program fee schedule. Mayor Huber seconded the motion. Ayes: 4 Nays: 0 HF 1530, After a brief discussion, Councilman Gutzmer moved the METROPOLITAN adoption of Resolution No. 75-34, "RESOLUTION SUPPORTING PLANNING H.F. 1530 -- METROPOLITAN LAND USE PLANNING BILL." Councilman Losleben seconded the motion. Ayes: 4 Nays: 0 CETA Administrator Johnson stated that on February 4 he had requested and received approval of employing an Engineering Aide under the CETA program. He stated that at that time he had advised the Council, in accordance with information received from the Dakota County Manpower Director, that the salary and fringe benefits for the employee would be paid by the County via federal funding. He had recommended Council approval of the program on that basis. Mr. Johnson advised the Council that the County has' now submitted a contract to the City for the CETA program and that the contract requires the City to pay the fringe benefits and unemployment costs. After a short discussion, the Council directed the City Administrator to negotiate with the County on the provisions Page 523 May 6, 1975 of the contract regarding fringe benefits. MEETING After a brief discussion concerning the May 20 regular CANCELLATION meeting, it was determined that a quorum would not be present on that date. Councilman Losleben moved that the regular Council meeting scheduled for May 20 be cancelled due to the'inability of a quorum to be present. Councilman Gutzmer seconded the motion. Ayes: 4 Nays: 0 Councilman Gutzmer moved that the Mayor be authorized to sign routine checks for bills due for payment prior to the June 3 regular meeting. Councilman Wahl seconded the motion. Ayes: 4 Nays: 0 1975 SEAL COATING Engineer Kishel presented plans and specifications for 1975 AND STREET OILING seal coating and street oiling. He recommended that the bids be let on May 29. Mayor Huber moved that the plans and specifications for the 1975 street oiling and seal coating project be approved and that the bid date be set for May 29. Councilman Gutzmer seconded the motion. Ayes: 4 Nays: 0 ACQUISITION OF City Attorney Winthrop recommended approval of the acquisition PROPERTY of .28 acres of property from Mr. & Mrs. Carroll Small. The acquisition is necessary in connection with the construction of the Lexington Highland improvements. The recommended purchase price is $2,700.00. Mayor Huber moved the adoption of Resolution No. 75-35, "RESOLUTION AUTHORIZING ACQUISITION OF CARROLL F AND ALMA SMALL PROPERTY." Councilman Wahl seconded the motion. Ayes: 4 Nays: 0 ACCOUNTING Mayor Huber moved the adoption of Resolution No, 75-36, RESOLUTIONS "RESOLUTION RESCINDING RESOLUTION NO. 73-23 AND TO TRANSFER FUNDS FROM THE CONSOLIDATED DEBT SERVICE FUND TO THE GENERAL FUND." Councilman Losleben seconded the motion. Ayes: 4 Nays: 0 Councilman Gutzmer moved the adoption of Resolution No. 75-37, "RESOLUTION TO REIMBURSE THE STATE AID ROAD PROJECTS FUND FOR PRIOR YEAR EXPENDITURES RELATED TO THE MARIE AVENUE EAST AND THE MARIE AVENUE CENTRAL IMPROVEMENT PROJECTS." .Councilman Wahl seconded the motion. Ayes: 4 Nays: 0 Ayes: 4 Nays: 0 Ayes: 4 Nays: 0 Ayes: 4 Nays: 0 Page 524 May 6, 1975 Councilman Wahl moved the adoption of Resolution No. 75-38, "RESOLUTION TO TRANSFER DIRECT STATE AID FOR ROAD PROJECTS TO THE RELATED IMPROVEMENT FUNDS." Councilman Losleben seconded the motion. Councilman Losleben moved the adoption of Resolution No. 75-39, "RESOLUTION TO TRANSFER THE INTERCEPTOR SEWER IMPROVEMENT FUND'S EQUITY AND LIABILITIES TO THE INTERCEPTOR SEWER DEBT SERVICE FUND." Councibman Gutzmer seconded the motion. Councilman Losleben moved the adoption of Resolution No. 75-40, "RESOLUTION TO TRANSFER FUNDS TO THE. 1970 CAPITOL OUTLAY DEBT SERVICE FUND." Councilman Wahl seconded the motion. ESTABLISHMENT OF Administrator Johnson stated that in 1975 federal grants UTILITY RESERVE were received in the amount of $66,100.08. This money was FUND placed into a fund called the Utility Reserve Fund. He stated that the purpose of the fund is to provide for a financial basis for the cost of the future water supply system. The initial funding was from additional fund allotment related to the Interceptor Sewer allotment from prior years, which amount could be used to reduce future sewer bills or reduce future water bills. INVESTMENTS Ayes: 4 Nays: 0 It was the concensus of the Council that the Utility Reserve Fund be approved and established. Councilman Wahl moved that the Clerk-Treasurer be authorized to invest $100,000 in the Utility Reserve Fund with Midwest Federal Savings and Loan for one year at an interest rate of 7%. Councilman Losleben seconded the motion. LIQUOR LICENSES Mayor Huber moved that an "on and off sale 3.2 malt liquor license be granted to George's Golf Range. Councilman Losleben seconded the motion. Ayes: 4 Nays: 0 Councilman Wahl moved that an "on and off sale"3.2 malt liquor license be granted to Par 3 Golf Inc. Councilman Losleben seconded the motion. Ayes: 4 - Nays: 0 Councilman Losleben moved that an "off-sale" 3.2 malt liquor license be granted to Red Owl Stores, Inc. Councilman Gutzmer seconded the motion. Ayes: 4 Nays: 0 Page 525 May 6, 1975 LICENSES • Councilman Wahl moved that licenses be granted to the following: Ayes: 4 Nays: 0 LIST OF CLAIMS Ayes: 4 Nays: 0 ADJOURN Ayes: 4 Nays: 0 ATTEST: Airex, Inc. Ernst Machinery & House Moving North Star Plumbing & Heating Andrews & Sons Roofing Mayor Huber seconded the motion. Heating License House Moving License Plumbing License Roofing License Councilman Wahl moved the adoption of the following motion: Resolved, that the claims submitted to the City Counci,1 for payment, a summary of which is set forth on the list attached hereto and identified as List of Claims submitted for payment, May 6, 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, Mayor Huber moved that the meeting be adjourned. Councilman Losleben seconded the motion. Time of Adjournment: 10:40 o'clock P.M. Donald L. Huber Mayor