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1975-01-21 Council minutesPage 477 January 21, 1975 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, January 21, 1975 Pursuant to due call and notice thereof, the regular meeting of the City Council, Cityof Mendota Heights was held at 8:00 o'clock P.M. at the City Hall, 750 South Plaza Drive, Mendota Heights, Minnesota. Acting Mayor Lockwood called the meeting to order at 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. FINAL PAYMENT Ayes: 4 Nays: 0 HEARING -- MENDOTA WATER COMPANY RATE INCREASE REQUEST Ayes: 4 Nays: 0 Ayes: 4 Nays: 0 BACHELOR AVENUE IMPROVEMENTS, IMPROVEMENT NO. 74, PROJECT NO. 7 Councilman Losleben moved the adoption of Resolution Number 75-06, "RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT (IMPROVEMENT NO. 73, PROJECT NO. 3 AND IMPROVEMENT NO. 74, PROJECT NO. 4)," awarding the final payment of $39,344:83 to Fischer Sand and Aggregate, Inc. of Apple Valley, Minnesota. Councilman Wahl seconded the motion. Acting Mayor Lockwood opened the meeting for the purpose of a hearing on the Mendota Water Company rate increase request. He pointed out that a notice of hearing has been published in the official newspaper and that the proposed rates were included in the notice. He indicated that the Mendota Water Company has requested permission to base its water rates on the St. Paul Water Department 1975 rates for suburban customers. The proposed rates would be based on a consumption charge of 63 per 1,000 gallons of water consumed plus a quarterly demand charge based on meter size. Acting Mayor Lockwood asked for questions and comments from the audience. There being no questions or comments from the audience, Councilman Gutzmer moved that the hearing be closed. Acting Mayor Lockwood seconded the motion. The hearing was closed at 8:08 o'clock P.M. Councilman Losleben moved the adoption of Ordinance No. 127, "AN ORDINANCE AMENDING ORDINANCE NO. 201," the rates to be effective on February 1, 1975. Councilman Wahl seconded the motion. City Engineer Kishel stated that as a result of several residents at the November 19 hearing on sanitary sewer improvements on Bachelor Avenue, directed the preparation of a supplement to the requests from proposed the Council original Ayes: 4 Nays: 0 Ayes: 4 Nays: 0 BID AWARD -- RADIO PAGERS Page 478 January 21, 1975 feasibility study to consider watermain, street and storm sewer improvements. He stated that the estimated cost for water improvements would be approximately $9,700. He explained the three types of streets which could be constructed: country style at an estimated $7.50 front foot cost; standard city street with a 30 foot width, curb and gutters and storm sewers at a cost of approximately $15.50 per front foot; standard 30 foot street with curb and gutters on the south side of Bachelor only at an estimated cost of $11.50 per front foot. Storm sewer would cost approl,dmately $.055 per square foot. Mr. John Fahey, 1709 Lansford Lane, stated that he is in favor of standard street construction with curb and gutters on both sides of the street and storm sewers. Mr. Emilio Fedeli, 698 Bachelor Avenue, stated that he is in favor of standard street construction with curb and gutters on both sides and storm sewers. After a lengthy discussion, Councilman Losleben moved the adoption of Resolution Number 75-07, "RESOLUTION ORDERING PREPARATION OF PLANS AND SPECIFICATIONS FOR PROPOSED CONSTRUCTION OF SANITARY SEWER EXTENSIONS, WATER MAIN EXTENSIONS, STORM SEWERS AND STREET CONSTRUCTION FOR A PORTION OF BACHELOR AVENUE AND LANSFORD LANE (IMPROVEMENT NO. 74, PROJECT NO. 7)." Councilman Gutzmer seconded the motion. City Attorney Winthrop pointed out that although citizen response to the proposed improvements has been entirely favorable, it will be necessary to hold an additional public hearing, since the original hearing was held to consider only sanitary sewer and street restoration improvements. Councilman Wahl moved the adoption of Resolution Number 75-08, "RESOLUTION ACCEPTING ENGINEER'S REPORT AND CALLING FOR HEARING ON PROPOSED CONSTRUCTION OF SANITARY SEWER EXTENSION, WATER MAIN EXTENSION, STORM SEWER AND STREET CONSTRUCTION FOR A PORTION OF BACHELOR AVENUE AND LANSFORD LANE (IMPROVEMENT NUMBER 74, PROJECT NUMBER 7)," the hearing to be held on February 18, 1975. Councilman Losleben seconded the motion. Administrator Johnson outlined the tabulation of bids received on January 16 for fire department radio pagers and encoder. Mr. Johnson pointed out that five bids were received and recommended that the bid be awarded to the low bidder, Elf Communications, Inc. of Hudson, Wisconsin, for the purchase of Reach pocket pagers and encoder. Page 479 January 21, 1975 After a brief discussion, Councilman Wahl moved that the bid for radio pagers and encoder be awarded to Elf Communications, Inc. in the amount of $9,299.00. Councilman Gutzmer seconded the motion. Ayes: 4 Nays: 0 SNOWMOBILE City Attorney Winthrop stated that he has researched the ORDINANCE legal considerations of adopting an amendment to the snowmobile ordinance to provide for confiscation of the vehicles as a penalty for violation of the provisions of the ordinance. Attorney Winthrop stated that the ordinance now provides for a $300 fine or 90 days as a penalty for ordinance violations and recommended that the proposed confiscation amendment not be adopted. KOEPKE ANIMAL HOSPITAL Ayes: 4 Nays: 0 It was the concensus of the Council that the proposed penalty provision should not be approved, however the City Attorney and Police Chief were directed to study the present ordinance and recommend any revisions which they consider necessary. Dr. Thomas Koepke and Mr. Whitney Granger, of Langer Construction Company, presented and explained a new set of building plans for an animal hospital proposed to be constructed at the southwest corner of the intersection of Dodd Road and Freeway Road. Mr. Granger explained the preliminary building plans and drainage plans. He stated that the building will have a masonry exterior (house brick) on all four sides with a double gable roof, and eight parking spaces will be provided behind the building. After a brief discussion, Acting Mayor Lockwood moved approval of the preliminary building plans. Councilman Gutzmer seconded the motion. PLANNING Acting Mayor Lockwood stated that he has contacted COMMISSION Rolf Ljungkull regarding his expiring term on the Planning APPOINTMENT Commission and that Mr. Ljungkull did not express a strong desire to remain on the Commission and would not object to being replaced. Acting Mayor Lockwood recommended that Mrs. Lesley Crecelius, 1806 Valley Curve, be appointed to the Commission to replace Mr. Ljungkull. Councilman Losleben moved that Mrs. Lesley Crecelius be appointed to a three year term on the Planning Commission, February 1, 1975 through January 31, 1978, and that a letter of appreciation be sent to Rolf Ljungkull for his many years of service on the Commission. Councilman Wahl seconded the motion. Ayes: 4 Nays: 0 BOND SALE Ayes: 4 Nays: 0 HUNTER LANE IMPROVEMENTS Ayes: 4 Nays: 0 Page 480 January 21, 1975 Financial Advisor Larry Shaughnessy, Jr. recommended that the City Council authorize advertisement for bids for the sale of $360,000 State Aid Road bonds. Councilman Losleben moved the adoption of Resolution Number 75-09, "RESOLUTION PROVIDING FOR PUBLIC SALE OF $360,000 STATE AID ROAD BONDS OF 1975," the bid opening and bid award to be held on February 18. Councilman Gutzmer seconded the motion. Public Works Inspector Pearson outlined his memo on Hunter Lane improvements, stating that in response to the request of several residents in the Hunter Lane area, the staff has researched alternate methods of sanitary sewer and street construction in an attempt to save the trees in the Hunter Lane street right-of-way. He pointed out, however, that all of the alternate methods would be very expensive, costing a minimum of $15,000, and recommended that the City Engineer be directed to proceed with the final plans based on conventional street and sanitary sewer construction, with removal of the trees. Acting Mayor Lockwood moved that the Engineer be directed to proceed with the final plans and specifications for the Hunter Lane improvements, inlcuding removal of the trees and conventional sanitary sewer construction and placement of the street on the center of the right-of-way. Councilman Gutzmer seconded the motion. MARIE AVENUE Public Works Inspector Pearson reviewed his memo regarding SANITARY SEWER sanitary sewer improvements on Marie Avenue from Victoria to CONSTRUCTION Eagle Ridge Road. He recommended that sanitary sewer construction be deleted from this portion of the project. Councilman Gutzmer moved that the Public Works Inspector's recommendations be approved and that the Engineer be directed to prepare a change order to delete the provisions for construction of sanitary sewer between Victoria and Eagle Ridge Road from the Marie Avenue project (Improvement No. 73, Project No. 2). Councilman Losleben seconded the motion. Ayes: 4 Nays: 0 STREET NAME Councilman Losleben moved the adoption of Ordinance No. 128, CHANGES "AN ORDINANCE PROVIDING FOR THE CHANGE OF NAME OF A PART OF "DOUGLAS ROAD" TO "DOUGLAS COURT" AND FOR A PART OF "JAMES ROAD" TO DOUGLAS ROAD." Acting Mayor Lockwood seconded the motion. Ayes: 4 Nays: 0 SURFACE WATER MANAGEMENT STUDY T.FXINGTON HIGHLAND EAST/WEST IMPROVEMENTS Ayes: 4 Nays: 0 Page No. 481 January 21, 1975 The Council acknowledged receipt of the Surface Water Management Study. Councilman Losleben moved the adoption of Resolution Number 75-10, "RESOLUTION ACCEPTING ENGINEER'S REPORT AND CALLING FOR HEARING ON PROPOSED CONSTRUCTION OF STORM SEWER AND STREET IMPROVEMENTS AND OF AN EXTENSION TO THE CITY'S SANITARY SEWER AND WATER SYSTEMS," the hearing to be held on February 18. Councilman Wahl seconded the motion. PARK AND RECREATION The Council acknowledged receipt of the minutes of the COMMISSION November 20 Park and Recreation Commission meeting. Ayes: 4 Nays: 0 Ayes: 4 Nays: 0 PLANNING COMMISSION CASE NO. 75-1, PETERSON The Council acknowledged receipt of a letter from Mrs. Peg Fogelson as resignation from her unexpired term on the Park and Recreation Commission. Councilman Wahl moved that Mrs. Fogelson's resignation from the Park and Recreation Commission be accepted and directed that a letter be sent to Mrs. Fogelson expressing the Council's appreciation for her service on the Commission. Councilman Gutzmer seconded the motion. Councilman Losleben moved that Gerald Finn be reappointed to the Park Commission, the term to be effective February 1, 1975 and to expire on January 31, 1978. Councilman Gutzmer seconded the motion. The Council tabled consideration of appointments to the Park and Recreation Commission for Mrs. Fogelson's unexpired term and the expired terms of William Allen and Garold Murphy. The Council acknowledged receipt of the minutes of the January 14 Planning Commission Meeting. The Council discussed the application submitted by Mr. Lance Peterson for a variance to construct a residence on an undersized lot, Lots 8 and 9, Block 2, Mortenson's Addition. Administrator Johnson pointed out that a surveyor's drawing has not been submitted, so the actual lot size has not been determined. The lot size as calculated from available maps is approximately 13, 600 square feet. Mr. Johnson stated that this parcel is tax forfeit property and that Mr. Peterson does not now own the property. He recommended that a survey of the property, payment of all assessments, back taxes and penalties should be submitted prior to the granting of the variance. Councilman Losleben moved the adoption of the following motion: sWHEREAS, Lance Peterson has submitted an application for variance to construct a residence on an undersized parcel, Lots 8 and 9, Block 2, Mortenson's Addition; and n Ayes: 4 Nays: 0 DEPARTMENT REPORTS Page 482 January 21, 1975 WHEREAS, the actual lot size cannot be determined from available information; and WHEREAS, said parcel is listed as tax-forfeit on the Dakota County tax rolls; NOW THEREFORE BE IT RESOLVED, that approval of the requested variance shall be conditioned upon the following: a. Receipt of a surveyor's certificate of the property showing that the parcel consists of a minimum of 13,500 square feet; b. Receipt of payment of all assessments, back taxes and penalties. Acting Mayor Lockwood seconded the motion. The Council acknowledged receipt of the Fire Department monthly report for December, 1974. The Council acknowledged receipt of the Police Department monthly report for December, 1974 and the annual report for 1974. ASSOCIATION OF The Council acknowledged receipt of the proposed 1975 METROPOLITAN Association of Metropolitan Municipalities Legislative Policy MUNICIPALITIES Recommendations. Administrator Johnson noted that the Council has not appointed an official City representative to the Association. MISCELLANEOUS CETA It was the concensus of the Council that Councilman Gutzmer be appointed the official representative of the City to the Association of Metropolitan Municipalities, and Mayor Huber as alternate representative. City Administrator Johnson gave the Council a history of the progress of negotiations for the 1975 labor contract between the Police Department (Local 320) and the City. Administrator Johnson stated that he has been in contact with the Dakota County Manpower Director regarding the Comprehensive Employment and Training Act. He further stated that under this Act, the City is entitled to employ one person for thirteen months at a salary of $7,800 per year, funding to be provided by the County (through federal funds). WARRIOR DRIVE The Council acknowledged receipt of a letter from Independent School District 197, petitioning Warrior Drive improvements. Ayes: 4 Nays: 0 Councilman Gutzmer moved the adoption of Resolution No. 75-11, "RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT ON IMPROVEMENT." Councilman Wahl seconded the motion. • Page 483 January 21, 1975 MISCELLANEOUS Acting Mayor Lockwood moved that Councilman Gutzmer's request to attend the Zoning Administration Workshop sponsored by the Dakota County Extension Office be approved. Ayes: 4 Councilman Wahl seconded the motion. Nays: 0 LIST OF CLAIMS Councilman Wahl 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, January 21, 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. Ayes: 4 Nays: 0 CIGARETTE LICENSES Councilman Losleben moved approval of the list of cigarette licenses, granting licenses to: Mendota Heights Standard Employees' Party Club Somerset Country Club Acting Mayor Lockwood seconded the motion. Ayes: 4 Nays: 0 RUBBISH HAULER Acting Mayor Lockwood moved approval of the list of rubbish LICENSES hauler licenses, granting licenses to: Ayes: 4 Nays: 0 LICENSES Ayes: 4 Nays: 0 ADJOURN Ayes: 4 Nays: 0 ATIEST: Emil Oehrlein Trucking Ray Anderson & Sons Rubbish Triangle Rubbish Councilman Gutzmer seconded the motion. Councilman Wahl moved approval of the list of licenses, granting licenses to: Steenberg Construction Company General Contractor Licens( Lake Elmo Heating, Inc. Heating License Councilman Gutzmer 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: 12:10 Robert G. Lockwood, Acting Mayor abaugh, 'k-Treasurer