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1975-09-02 Council minutesPage 575 September 2, 1975 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, September 2, 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, Lockwood, Losleben and Wahl. APPROVE Councilman Losleben moved the approval of the minutes of the MINUTES August 5 meeting. Councilman Wahl seconded the motion. Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 BID OPENING Ayes: 5 Nays: 0 Councilman Wahl moved the approval of the minutes of the August 12 meeting. Councilman Gutzmer seconded the motion. Councilman Lockwood moved approval of the minutes of the August 19 meeting with correction. Councilman Gutzmer seconded the motion. Financial Advisor Larry Shaughnessy explained a legal problem in accepting a bid for $600,000 permanent improvement bonds. He stated that as a result of the legal technicality the City would lose $6,000 as a penalty for the early sale of $300,000 of the temporary bonds contained in the $600,000 permanent bond sale. He recommended that the bids be returned to the bidders unopened and that a sale of $300,000 PeLmanent Improvement Bonds be held on October 7. After a brief discussion, Councilman Gutzmer moved that the bids received for the sale of $600,000 Permanent Improvement Bonds be returned and that Resolution No. 75 -72, "RESOLUTION PROVIDING FOR PUBLIC SALE OF $300,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1975," be adopted, with the bid opening to be held on October 7. Mayor Huber seconded the motion. City Clerk Radabaugh opened the bids received for the sale of $925,000 Temporary Improvement Bonds. The following bids were received: First National Bank of St. Paul, with an interest rate of 51 %; BancNorthwest, with an interest rate of 5.4 %; and Dain, Kalman and Quail, with an interest rate of 5.75 %. Financial Advisor Shaughnessy tabulated the bids and recommended that the bid of First National Bank of St. Paul be accepted. Councilman Gutzmer moved the adoption of Resolution No. 75 -73, Page 576 September 2, 1975 "RESOLUTION ACCEPTING BID ON SALE OF $925,000 GENERAL OBLIGATION TEMPORARY IMPROVEMENT BONDS, SERIES 1975, AND PROVIDING FOR THEIR ISSUANCE." Councilman Wahl seconded the motion. Ayes: 5 Nays: 0 INLAND INDUSTRIAL Mayor Huber opened the meeting for the purpose of the continuatioi PARK ASSESSMENT of a hearing on the Inland Industrial Park Improvements ROLL assessment roll. Administrator Johnson stated that Mr. Robert Copeland of the Inland Construction Corporation has met with the Administrator, City Engineer and City Attorney regarding the assessment for the Inland property. As a result of the meeting, the Inland representative and staff members arrived at a change in the spread of assessments on the Inland property, Administrator Johnson stated that the total amount assessed against Inland would still be assessed. He stated that Inland has agreed to sign a covenant acknowledging that the $10,000 to be assessed against Lot 3 for street improvements is only for that portion of the street that is already completed and that when the street is extended they will have to pay the full share of the assessments then payable for Lot 3. Mr. Johnson recommended that the revised assessment roll be adopted and that the Attorney be directed to prepare a covenant for signature by Inland and to be registered with Dakota County. After a brief discussion, Councilman Wahl moved that the hearing be closed. Councilman Gutzmer seconded the motion. Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 COMMUNICATIONS The hearing was closed at 8:20 o'clock P.M. Councilman Lockwood moved the adoption of Resolution No. 75-74, "RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR INLAND INDUSTRIAL PARK IMPROVEMENTS (IMPROVEMENT NO. 74, PROJECT NO. 1)," and directed the Attorney to prepare and file a covenant against Lot 3. Mayor Huber seconded the motion. The Council acknowledged receipt of a letter from Representative Raymond Kempe regarding Paul Thuet's resignation from the Metropolitan Council. PLANNING COMMISSION The Council acknowledged receipt of the minutes of the August 27, 1975 Planning Commission meeting. CASE NO. 75-20, PERRON The Council briefly discussed an application from Joseph Perron to subdivide a parcel of property known as 2370 Highway 55. The Council also discussed the associated Planning Commission recommendation and report from the City Planner. After a brief discussion, Councilman Gutzmer moved approval of the application for subdivision, waiving Ayes: 5 Nays: 0 CASE NO. 75-10, BREAM CASE NO. 75-18, KOENIG CASE NO. 75-19, FISCHER Ayes: 5 Nays: 0 Page 577 September 2, 1975 the requirements of the subdivision ordinance, in accordance with Section 11.3(1) of the Subdivision Ordinance. Mayor Huber seconded the motion. Mr. Harvey Bream was present to request approval of the preliminary plat for Somerset No. 3. The Council members acknowledged receipt of a memo from the Park and Recreation Commission regarding the park contribution for the plat. Councilman Wahl expressed concern over the safety problems which might be possible if the street on the west edge of the plat is aligned as it is proposed. He stated that he would like to look at two other proposals submitted by the City Planner, one of which showed an extension of Wachtler Avenue going straight through the plat rather than curving as is proposed. Mr. Bream explained the reasons for planning the roadway as he is proposing it -- including saving some trees and avoiding the necessity for infringing on park property. Park Commission Chairman Kevin Howe stated that the Commission liked the plat and thought the proposed road alignment is the best solution as far as the park is concerned. He did state , however, that the Commission did not feel that the property Mr. Bream proposes to donate to the City would be of any useful purpose to the park system. After discussion by the Council, the matter was continued until September 16 pending resolution of the alignment of the westerly street and the park contribution. Mr. Kenneth Koenig was present to request a variance to construct a home on Lot 6, T.T. Smith's Subdivision No. 3, using an 8' sideyard setback on the west lot line. Mr. Koenig proposes to construct a home over a period of five years, adding a twenty-two foot garage to the westerly side of the home on completion of the home, at which time he would remove the home on Lot 7, T.T. Smith's Subdivision No. 3 to create one large lot. The Council discussed the matter at some length and objected to the time period during which Mr. Koenig would be constructing the home. The Council suggested that Mr. Koenig consider alternatives to constructing the house over the five year period. The matter was continued to September 16. Mr. Robert Fischer, 2390 Pagel Road, was present to request approval of his application to construct a 22 foot by 22 foot garage addition onto his present garage. This would produce a total garage area of 1,100 square feet, which is 100 square feet in excess of the Zoning Ordinance provisions. After a brief discussion, Mayor Huber moved approval of the variance to construct a garage addition, for a total garage area of 1,100 feet, at 2390 Pagel Road. Councilman Wahl seconded the motion. CASE NO. 75-21, HERSCHBACH Ayes: 5 Nays: 0 TENNIS COURTS Ayes: 5 Nays: 0 ARCHERY RANGE Page 578 September 2, 1975 M. Jeffrey Herschbach was present to request a variance to construct a home on an undersized lot, Lot 14, Block 4, Curley's Valley View Addition. After a brief discussion, Councilman Wahl moved that the application be approved. Councilman Gutzmer seconded the motion. The Council acknowledged receipt of a memo from the Park and Recreation COmmission regarding construction of tennis courts at Rogers Lake and the Ivy Falls Park. Commission Chairman Howe, who was present at the meeting, reinforced the Park and Recreation Commission recommendation and request for Council authorization to prepare plans and specifications and advertise for bids for both courts so that,hopefully, construction can begin this fall. If there is any delay in authorization of plans and specifications for the Ivy Falls court, due to the delay on the purchase of the McGough property, the Commission requested that the authorization be granted for the Rogers Lake plans and specifications. Mayor Huber concurred that the authorization should not be delayed for the Rogers Lake court, the Ivy Falls court could be an addendum to the construction contract for the Rogers Lake court if necessary. Mayor Huber moved that the staff be authorized to prepare plans and specifications for a tennis court at Rogers Lake. Councilman Wahl seconded the motion. The Park Commission Chairman stated that the Commission has been reviewing proposals by residents to develop an archery range north of Apache Road, near the T.H. 49 right-of-way. He requested that the Council authorize that up to $300 be made available for development of an archery range. Mr. John Larson, 755 Mohican Lane, who has been involved in the discussions on the archery range, explained how the range is proposed to be set up on the proposed site. He further stated that the Jaycees will assist the Park Department in clearing the area and setting up the range. He proposed that the City staff clear out the scrub trees on the site and perform a minimum amount of landscaping. The Council members expressed concern over budgeting for the Park Department participation in the project. After a lengthy discussion, the matter was continued to a future meeting so-that the cost of development and maintenance of an archery range can be determined and evaluated in relation to the Park Department budget. EMPLOYMENT CHANGE Administrator Johnson stated that the receptionist has resigned to accept a teaching position and that applications have been Ayes: 5 Nays: 0 1976 BUDGET Ayes: 5 Nays: 0 Page 579 September 2, 1975 received and interviews have been held. He recommended that as a result of the interviewing process Mrs. Rita Dolan, 1568 Charlton Street, West St. Paul be employed as receptionist/ clerk-typist. Mayor Huber moved that Mrs. Rita Dolan be employed as receptionist/clerk-typist at a probationary period salary of $500 per month. Councilman Losleben seconded the motion. Mayor Huber moved that a special meeting be held at 8:00 P.M. on Tuesday, September 9, for a discussion of the proposed 1976 Budget. Councilman Lockwood seconded the motion. ELECTION EQUIPMENT Administrator Johnson stated that Inver Grove Heights has AGREEMENT decided against joining in a proposed joint use agreement with Mendota Heights and three other communities towards the purchase and joint use of election equipment. Mr. Johnson stated that because of Inver Grove Heights decision not to join in the agreement, the cost of purchase of the equipment would be increased for Mendota Heights by about $900. Mr. Johnson recommended that the City Council approve the agreement. Ayes: 5 Nays: 0 PILOT KNOB ROAD SPEED LIMIT Councilman Lockwood moved that the Mayor and City Clerk be authorized to execute the joint use agreement for purchase of election equipment. Councilman Gutzmer seconded the motion. City Administrator Johnson advised the Council that County Traffic Engineer Anderson has informed him that the Minnesota Highway Department has completed an engineering and traffic study on Pilot Knob Road in the City of Eagan. The Highway Department has recommended that the speed limit for Pilot Knob in Eagan be reduced to 45 miles per hour and that a study should be conducted on the speed limit on the portion of Pilot Knob Road located in Mendota Heights. After a brief discussion, Councilman Wahl moved that the County be requested to ask the Minnesota Highway Department to perfOLut a traffic and engineering study on Pilot Knob Road located in Mendota Heights to determine whether a reduction in the present 50 mile per hour speed limit is advisable. Councilman Losleben seconded the motion. Ayes: 5 Nays: 0 MISCELLANEOUS Councilman Wahl requested that the staff check into the speed limit on Wentworth Avenue from Dodd Road to Delaware Avenue, to determine whether the limit should be posted as 30 miles per hour or forty miles per hour. CHERRY HILLS SECOND ADDITION Ayes: 5 Nays: 0 CULLEN AVENUE EXTENSION Ayes: 5 Nays: 0 MISCELLANEOUS MARIE PARK POND LIST OF CLAIMS Ayes: 5 Nays: 0 Page 580 September 2, 1975 City Engineer Kishel presented and outlined the final plans and specifications for sanitary sewer, water, stoLm sewer street and curb and gutter improvements to serve the Cherry Hills Second Addition. After a lengthy discussion and review of the plans and specifications, Councilman Lockwood moved the adoption of Resolution No. 75-75, "RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR CHERRY HILL SECOND ADDITION (IMPROVEMENT NO. 75, PROJECT NO. 2)," the bids to be received on October 3, 1975. Councilman Gutzmer seconded the motion. The Council acknowledged receipt of the final plans and specifications and bid tabulation for the extension of Cullen Avenue. After a brief discussion, Councilman Losleben adoption of Resolution No. 75-76, "RESOLUTION PLANS AND SPECIFICATIONS AND AWARDING BID FOR CULLEN AVENUE," awarding the bid to Pine Bend Inver Grove Heights, in the amount of $4,988. Mayor Huber seconded the motion. moved the APPROVING THE EXTENSION OF Paving, Inc. of The Council acknowledged receipt of the Engineering Status Report for August, 1975. Engineer Kishel stated that several persons have indicated concern to him about the possibility of heavy spring run-off adversely affecting the Marie Park pond. He requested a concensus from the Council on whether some type of resolution to the possible problem, such as a pumping station, should be considered for construction this fall, or whether nothing should be done until the Kopp/Gearman project is constructed next year. It was the concensus of the Council that nothing should be done on this matter until the Kopp/Gearman construction begins. Councilman 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 hereto and identified as List of Claims submitted for payment, September 2, 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 checks in payment of said claims. Councilman Wahl seconded the motion. LICENSES Ayes: 5 Nays: 0 ADJOURN Ayes: 5 Nays: 0 Page 581 September 2, 1975 Councilman Wahl moved the approval of the list of licenses, granting licenses to: Stocker Excavating Donald A. Michels & Sons Construction Company Arteka, Inc. North Star Services Richgels Bros. Construction Baars Plumbing & Heating Baars Plumbing & Heating Excavating License General Contractor License General Contractor License General Contractor License General Contractor License Heating License Plumbing License Councilman Losleben seconded the motion. There being no further business to come before the Council, Councilman Lockwood moved that the meeting be adjourned. Mayor Huber seconded the motion. TIME OF ADJOURNMENT: 11:40 o'clock P.M. Donald L. Huber Mayor