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1975-08-05 Council minutesPage 563 August 5, 1975 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, August 5, 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 had notified the Council that he would be absent. APPROVE MINUTES Ayes: 4 Nays: 0 FEASIBILITY HEARING CHERRY HILLS SECOND ADDITION Ayes: 4 Nays: 0 Councilman Losleben moved approval of the minutes of the July 15 meeting with correction. Councilman Wahl seconded the motion. Mayor Huber opened the meeting for the purpose of a hearing on proposed sanitary sewer, water, street and curb and gutter and storm sewer improvements to serve the Cherry Hills Second Addition. Mayor Huber turned the meeting over to the City Administrator for a brief history and description of the proposed project. Administrator Johnson stated that hearing notices had been published in the legal newspaper and copies had been mailed to the property owners affected by the proposed improvements. He stated that the project would include sanitary sewer, water, street, curb and gutter, storm sewer and holding pond construction. He pointed out that the holding pond is proposed to be located in the northwest corner of the plat. There will possibly be some trenching work across the Northern States Power Company property to the existing sanitary and storm sewer lines. The estimated costs for the project are as follows: sanitary sewer estimated cost of $60,000, or approximately $16.20 per foot; water, estimated at $47,500, or approximately $12.10 per assessible foot; storm sewer, including the ponding area, estimated total cost of $65,000, or $0.07 3/4 per square foot for the property within the Cherry Hills Addition plat and $0.03 per square foot for the assessment for the trunk line to serve the Wachtler property; streets, curb and gutters, estimated total cost of $82,000, or $22.10 per front foot. Mayor Huber asked for questions and comments from the audience. There being no questions or comments, Councilman Losleben moved that the hearing be closed. Councilman Wahl seconded the motion. The hearing was closed at 8:16 o'clock P.M. Ayes: 4 Nays: 0 HIGHWAY STUDY PROPOSAL COMMUNICATIONS COUNTRY CLUB MARKET Page 564 August 5, 1975 Councilman Gutzmer moved the adoption of Resolution No. 75-64, "RESOLUTION ORDERING CONSTRUCTION OF A WATER DISTRIBUTION SYSTEM, SANITARY AND STORM SEWER SYSTEMS AND OF STREET, CURB, AND GUTTER IMPROVEMENTS TO SERVE CHERRY HILL SECOND ADDITION AND ADJACENT AREAS (IMPROVEMENT NO. 75, PROJECT NO. 2)." Councilman Losleben seconded the motion. City Planner Howard Dahlgren was present to discuss a proposal to prepare a highway study for the City. Administrator Johnson pointed out that the matter had been briefly discussed at a Council meeting several weeks ago. Mr. Dahlgren stated that in view of the County's present favorable position on the County road system as it affects Mendota Heights and in view of the representation of Mendota Heights on the recently established transportation study subcommittee of the Transportation Advisory Board, it would be more appropriate to consider authorizing a highway study in the fall rather than at the present time. Mayor Huber stated that the City must present a position paper on highways to the highway study committee and recommended that the list of thirteen statements presented by Mr. Dahlgren be adopted as representing the objectives and interests of Mendota Heights. After a brief discussion, it was the concensus of the Council members that the position paper submitted by Mr. Dahlgren be supported, with minor corrections. The Council acknowledged and briefly discussed a letter from Mr. Harvey Bream regarding parking on Bachelor Avenue. The matter is to be considered after construction of Bachelor Avenue is completed. Administrator Johnson stated that as a result of a misunder- standing, neither Country Club Markets nor their sign contractor was present at the July 1 Council meeting to support their application for variance from the sign size requirements of the, Zoning Ordinance. At that time, the Council only briefly discussed the application and appointed two Council members to serve as a committee to meet with the Country Club representatives and get additional information from them on the variance request. Mr. Naas, representing Country Club, stated that the request is for approval of a 320 square foot sign (4 foot by 80 foot) to be erected on the north side of the store. This size sism would allow space for readable letters plus adequate space between the letters. Mayor Huber stated that the Zoning Ordinance limits the size of any single sign in a B-4 district to 100 square feet. He pointed out that he would find it difficult to support Ayes: 4 Nays: 0 CASE NO. 75-11, MANN Ayes: 4 Nays: 0 Page 565 August 5, 1975 such a large variance from the ordinance and asked if Mr. Naas would wish to change the request, reducing the size of the sign to bring it closer to the ordinance limitations. Mr. Naas stated that he could conform to the ordinance by installing smaller signs on three sides of the building. He stated that if the 320 square foot sign is not agreeable, he will have a sign installed on the west side of the building (conforming to the ordinance limitations) and would also like to put a sign on the Mendota Plaza pylon sign. However, he would much prefer the sign as requested and a small sign on the west side of the building. Mayor Huber pointed out that he would not be anxious to see additional advertising on the pylon, however, Country Club Markets could install a sign on the pylon if the total space used, including the present sign space, does not exceed 100 square feet. Several Council members expressed concern on the requested 320 square foot sign size, since all of the other signs in the Plaza conform to the ordinance. Mayor Huber asked Mr. Naas if he would consider reducing the variance request or withdrawing his present application and submitting a new one. Mr. Naas did not wish to do so. Mayor Huber moved that the application for a 220 square foot variance from the sign requirements of the Zoning Ordinance be denied. Councilman Losleben seconded the motion. Mr. Walter Mann, 1954 South Lane, was present to request approval of his application to subdivide his lot. Public Works Inspector Pearson pointed out that there might be a potential drainage problem. He recommended that if the subdivision is approved, when the lot is developed the grading should be completed in a manner that would cause the drainage from the new lot to flow to the south, as is the case with the drainage pattern for the southerly portion of the present lot. The Council concurred with the Public Works Inspector's recommendatio. and Mr. Mann stated that he will cooperate with the City and the prospective owner in correcting the drainage pattern. Councilman Wahl moved approval of the subdivision of Lot 3, Block 1, Jefferson Heights Addition (1954 South Lane), issuance of a building permit for the new lot to be conditioned upon adherence to the Public Works Inspector's recommendation on drainage. Councilman Gutzmer seconded the motion. DUTCH ELM DISEASE Mr. & Mrs. H.S. Arrowood, 1771 Delaware Avenue, were present concerning the problem of Dutch Elm Disease. Mr. Arrowood stated that he has spoken to the Department of Agriculture and was told that there are matching funds available for the romoval of diseased trees. Administrator Johnson stated that he will contact the Department of Agriculture for additional and more specific information on the matter. Page 566 August 5, 1975 MUNICIPAL The Council discussed a proposed resolution to establish a FACILITIES TASK Municipal Facilities Task Force Committee. Administrator FORCE COMMITTEE Johnson stated that twelve committee member names were listed in the proposed resolution, and recommended that the Committee chairman, recommended to be Richard Leyh, suggest the names of the remaining three members and submit the names for Council approval. The Council briefly discussed the format for the initial meeting of the Task Force Committee and Council, and concurred that a tour of the areas presented in the Space Study slides should be conducted. Ayes: 4 Nays: 0 ACQUISITION OF PROPERTY DUTCH ELM DISEASE After a brief discussion, Councilman Gutzmer moved the adoption of Resolution No. 75-65, "RESOLUTION ESTABLISHING MUNICIPAL FACILITIES TASK FORCE COMMITTEE." Councilman Losleben seconded the motion. Administrator Johnson briefly reported on the status of property acquisition negotiations in the Curley Valley View and Ivy Falls areas. Administrator Johnson gave the Council a brief report on Dutch Elm Disease activities. He advised the Council that as of July 30 the Tree Inspector had marked 39 trees on public property and 207 on private property for removal. Also, Harvey Franzmeier, Tree Inspector, has established a meeting with the officers of the Ivy Falls Association to discuss the Dutch Elm problem. Administrator Johnson asked for some direction on how to proceed in cases where either the property owner refuses to remove a diseased tree or simply cannot afford the cost of removing a tree. City Attorney Winthrop stated that diseased trees should be marked, and letters should be sent to the property owners advising them that they must remove the diseased tree within a certain time period or the City will remove the tree and assess them for the cost. Mayor Huber stated that a policy should be established but that he would like to have some additional information on the legislation affecting the removal of such trees before establishing a policy. METROPOLITAN Administrator Johnson informed the Council that the Metropolitan TRANSIT COMMISSION Transit Commission, Operations Committee, has recommended that the Rosemount/State Capitol (Route 46) route be made peLmanent. FINANCING City Financial Consultant Lawrence Shaughnessy was present regarding financing for improvement projects. Mr. Shaughnessy recommended that the City Council authorize advertisement for bids for the sale of $600,000 permanent improvement bonds and $925,000 temporary improvement bonds. Councilman Gutzmer moved the adoption of Resolution No. 75-66, "RESOLUTION PROVIDING FOR PUBLIC SALE OF $600,000 GENERAL Ayes: 4 Nays: 0 Ayes: 4 Nays: 0 MISCELLANEOUS CONDITIONAL USE PERMIT PROCEDURE Page 567 August 5, 1975 OBLIGATION TEMPORARY IMPROVEMENT BONDS, SERIES 1975," the bid opening and bid award to be held on September 2, 1975. Mayor Huber seconded the motion. Mayor Huber moved the adoption. of-Resolution No. 75-67, "RESOLUTION CALLING FOR THE PUBLIC SALE OF $925,000 IMPROVEMENT BONDS," the bid opening and bid award to be held on September 2, 1975. Councilman Wahl seconded the motion. The Council acknowledged receipt of thesEngineering Status Report for July, 1975. The Council briefly discussed a suggested revision to the hearing procedure to be followed in considering conditional use permit applications. At the present time hearings are required before the Planning Commission, with mailed notices, and before the City Council, with mailed and published notices. As a result of the discussion, the City Attorney was directed to prepare an amendment to the ordinance to provide for five days mailed notice for the City Council hearing, to eliminate publication of the notice, and to provide for the same procedure for the Planning Commission as is currently followed. LABOR NEGOTIATIONS City Administrator Johnson outlined the results of the 1975 labor contract negotiations with the Local 320 and Police Department. LIST OF CLAIMS Ayes: 4 Nays: 0 LICENSES Mayor Huber 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, August 5, 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. Councilman Wahl moved approval of the granting licenses to: Rumpca Excavating, Inc. Eagan Excavating Company Murr Backhoe Service, Inc. Richard & Lowell Vanderhoff list of licenses, Excavating License Excavating License Excavating License Excavating License Ayes: 4 Nays: 0 ADJOURN Ayes: 4 Nays: 0 Page 568 August 5, 1975 • Choban Realty Company Norbert Wagner Bream Homes, Inc. Bill Burgess Construction Val N. Kuntz, Builder Aqualand Pool Company Suburban Lighting, Inc. Langer Construction Company Mitchell Heating Suburban Heating Company, Inc. Neil & Hubbard Heating & Air Conditioning Wm. Murr Plumbing, Inc. W.V. Nelson Construction M.F. Fleischacker, Inc. St. Paul Plumbing & Heating Company Maplewood Plumbing & Heating, Inc. Spriggs Plumbing & Heating Company Mudek Sanitary Hauling Mayor Huber seconded the motion. General Contractor License General Contractor License General Contractor License General Contractor License General Contractor License General Contractor License General Contractor License General Contractor License Heating License Heating License Heating License Heating License Masonry License Masonry License Plumbing License Plumbing License Plumbing License Rubbish Hauler License There being no further business to come before the Council, Councilman Gutzmer moved that the meeting be adjourned. Mayor Huber seconded the motion. TIME OF ADJOURNMENT: 10:50 o'clock P.M. ATTES dabaugh Treasurer Donald L. Huber, Mayor