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1975-07-01 Council minutesPage 545 July 1, 1975 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, July 1, 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 8:05 o'clock P.M. The following members were present: Mayor Huber, Councilmen Losleben and Wahl. Councilman Gutzmer had notified the Council that he would not be present. Councilman Lockwood had notified the Council that he would be late. APPROVE Councilman Losleben moved approval of the minutes of the MINUTES June 3 meeting. Councilman Wahl seconded the motion. Ayes: 3 Nays: 0 Ayes: 3 Nays: 0 Ayes: 3 Nays: 0 PETITION FOR IMPROVEMENTS Ayes : 4 Nays: 0 Councilman Wahl moved approval of the minutes of the June 10 Board of Review. Councilman Losleben seconded the motion. Councilman Losleben moved approval of the minutes of the June 17 meeting with corrections. Councilman Wahl seconded the motion. Councilman Lockwood arrived at 8:10 o'clock P.M. The Council acknowledged receipt of a petition from Mr. James Riley for improvements to serve the Ivy Falls West Addition. After discussion, Mayor Huber moved the adoption of Resolution Number 75-56, "RESOLUTION ACCEPTING PETITION AND ORDERING PREPARATION OF REPORT ON IMPROVEMENT." Councilman Losleben seconded the motion. ASSOCIATION OF The Council acknowledged and briefly discussed a memo from METROPOLITAN the Association of Metropolitan Municipalities regarding MUNICIPALITIES renewal of membership in the Association. Councilman Wahl moved that the City renew its membership in the Association of Metropolitan Municipalities for 1975-76. Councilman Losleben seconded the motion. Ayes: 4 Nays: 0 COMMUNICATIONS Page 546 July 1, 1975 The Council acknowledged and briefly discussed a letter from City Planner Howard Dahlgren outlining a Dakota County Board of Commissioners hearing on the County Thoroughfare System. METROPOLITAN Mayor Huber outlined a letter he received from the COUNCIL Metropolitan Council requesting that a member of the Council be appointed to serve on a subcommittee of the Environmental and Transportation Committee to consider routes affecting St. Paul and related suburbs. Mayor Huber recommended that the Council appoint a Council member to the committee but that either the City Administrator or the City Planner should attend all of the Committee meetings as Mendota Heights delegates. Ayes: 4 Nays: 0 CURLEY'S VALLEY VIEW PLANNING COMMISSION Councilman Losleben moved that Mayor Huber be appointed to serve on the committee and that Administrator Johnsonand Planner Dahlgren be appointed as Mendota Heights representatives. Councilman Wahl seconded the motion. The Council acknowledged receipt of a letter from Mr. Earl Bailey, 2086 Timmy Street, representative of the Valley View Heights Civic Association, requesting that an additional access (Beverly Lane) be provided for the Curley's Valley View Addition. Public Works Inspector Pearson reported that some checking had been done last fall to see what possibilities would be available for providing additional access, and stated that he would submit a written report at the July 15 meeting. After a brief discussion, the Council directed the staff to proceed with studying the alternatives and report to the Council on July 15. The Council acknowledged receipt of the Planning Commission minutes for June 24, 1975. CASE NO. 74-25, Administrator Johnson described the Nielsen property as being NIELSEN -- located west of Lexington Avenue and north of Orchard Place. SUBDIVISION OF He stated that Planner Dahlgren has met with Mr. Nielsen and PROPERTY field checked the site. As a result, Mr. Dahlgren submitted several proposed changes for the plat to the Planning Commission and the Commission recommended approval of the plat based on the Planner's recommendations. After a brief discussion, Mayor Huber moved that the preliminary plat, in accordance with Consultant Dahlgren!s proposal, be approved. Councilman Wahl seconded the motion. Ayes: 4 Nays: 0 CASE NO. 75-12, LAPAKKO Ayes: 4 Nays: 0 CASE NO. 75-13, WEDEBRAND Ayes: 4 Nays: 0 CASE NO. 75-14, WASCHEK Ayes: 4 Nays: 0 Page 547 July 1, 1975 The Council briefly discussed the application for variance from the front yard requirement for Lot 34, Linden Addition. The Council noted the conditions for approval recommended by the Planning Commission. Councilman Wahl moved to approve the application and to allow the variance to the 52.67 feet of frontage and determine the lot to be a buildable one, on the condition that any future residence be set back a minimum of 90 feet from the frontage street. Councilman Lockwood seconded the motion. Mr. Wedebrand was present to request approval of his application for variance from the sideyard and rear yard setback requirements at 538 Fremont Avenue. Mr. Wedebrand . proposes to construct a garage three feet from the easterly property line and ten feet from the rear property line. He submitted a letter from the owner of the property to the south of his property, Mrs. Evelyn Cromey, 543 Hiawatha, approving the construction of the garage ten feet from the rear property line. Mr. Wedebrand stated that although the Planning Commission recommended maintaining a five foot sidelot he would appreciate Council consideration of allowing a three or four foot sidelot. After a brief discussion, Councilman Wahl moved approval of a variance to construct a garage 41/2 feet from the east property line and ten feet from the rear property line at 538 Fremont Avenue. Councilman Lockwood seconded the motion. Mr. Kenneth Waschek was present to request approval of his application for variance from the lot size requirement for Lots 3, 4 and 5 and portions of Lots 2 and 6, Block 1, Guadelupe Heights Addition. Mr. Waschek proposes to change the lot lines of the 60-foot lots to provide three lots 82 feet wide and consisting of approximately 11,000 square feet each. After a brief discussion, Mayor Huber moved approval of the variance from the lot size requirement, in accordance with the drawing of the Proposed Subdivision of Lots prepared by Paul R. McLagan & Sons and submitted with the application. Councilman Lockwood seconded the motion. Page 548 July 1, 1975 CASE NO; 75-15, The Council discussed the application from the Country Club COUNTRY CLUB Market to install signs on the facade of the Mendota Plaza. MARKETS It was noted that the Planning Commission had recommended approval of the allocation of 320 square feet of sign space on the north side of the building and a sign of 60 square feet on the west side. Several members of the Council expressed questions and concerns, particularly since a sign layout has not been submitted and representatives of the Country Club Market were not present at the meeting to answer the questions. As a result of the discussion, the Council appointed Councilmen Losleben and Wahl to serve as a committee to meet with Country Club representatives. The matter was tabled to July 15 pending a report from Councilmen Losleben and Wahl. PARK AND RECREATION The Council acknowledged receipt of a memo from Park and COMMISSION Recreation Commission Chairman Kevin Howe regarding proposed acquisition of property in the Curley Valley View area and adjacent to Ivy Falls Park, and proposed construction of two additional double tennis courts. Administrator Johnson stated that at the June 25 Park Commission meeting the Commission spent a considerable amount of time discussing the necessity for acquiring property to provide an access way between Curley's Valley View Addition and Rogers Lake Park. The Commission recommended the acquisition of Lot 10, Curley's Valley View Addition from Richard Allen for approximately $10,000 and a portion of Outlot A from Thomas Curley for a purchase price of $6,500 or less. This would allow access from the Curley Valley View area to Rogers Lake Park as well as providing open space for informal recreational activities for area residents. Ayes: 4 Nays: 0 After a brief discussion, Councilman Losleben moved that the staff be directed to proceed with negotiations for the purchase of Lot 10 and a portion of Outlot A. Councilman Lockwood seconded the motion. Administrator Johnson stated that the Park Commission has also held a considerable amount of discussion on the purchase of the McGough property for expansion of the Ivy Falls Park and on the possible construction of double tennis courts at the Ivy Falls Park and the Rogers Lake Park. He stated that he has been in contact with Mr. Jerry McGough regarding acquisition of property, consisting of approximately four lots, adjacent to the park. He further stated that Mr. McGough's current asking price for the property is $35,000 and that at the June 25 Park Commission meeting several residents from the Ivy Falls area indicated that they would raise money to contribute toward the purchase of the property. Mr. William • Paper, 1126 Sylvandale Road, informed the Council that $7,000 has been collected for this purpose. He stated that neighborhooc representatives will be present at the July 15 meeting. Mayor Huber pointed out that Mr. McGough will be expected to contribute a park donation upon approval of his final plat. He further stated that Mr. McGough must be informed that a park donation will be required. Ayes: 4 Nays: 0 OPEN MEETING LAW Ayes: 4 Nays: 0 Page 549 July 1, 1975 Councilman Wahl moved that the staff be authorized and directed to negotiate for the acquisition of the McGough property adjacent to the Ivy Falls Park, making no commitment to Mr. McGough on waiving the park donation requirement. Mayor Huber seconded the motion. There was a brief discussion concerning tennis court construction and the possible extension of Londin Road. Mayor Huber read for the Council a portion of a memo from the League of Minnesota Municipalities regarding the Open Meeting Law. He also read the draft amendments to the Open Meeting Law as proposed by the League. After a brief discussion, Mayor Huber moved the adoption of Resolution No. 75-55, "RESOLUTION URGING CHANGES IN OPEN MEETING LAW." Councilman Losleben seconded the motion. PUBLIC SAFETY Administrator Johnson outlined his memo regarding proposed PERSONNEL CHANGES public safety personnel changes. He stated that the Police Chief is planning to retire on December 31 in accordance with the personnel resolution and that it will soon be necessary to recruit a new police chief. He stated that several recruitment alternatives exist, including recruitment within the department, recruitment outside of the department, which would allow no possibility of promotion within the present organization, or the alternative of creating a new position. The proposed new position, Detective/Fire Marshall, would allow promotion of the present sergeant and would also allow advancement of a patrolman to the sergeant position. It would allow recruitment of a new chief from outside the department. He suggested that the salary for the proposed new position would be approximately $20,000 for 1976, including benefit costs. PARK-A-RAMA Ayes: 4 Nays: 0 CHANGE ORDER Mr. Johnson explained the difficulty at the present time in providing adequate time for detective work and fire marshall related duties. After a brief discussion, the matter was tabled for study until the July 15 meeting. Councilman Wahl moved that a letter of appreciation be sent to Mrs. Elizabeth Witt and Mr. Jerry Kettunen, co-chairmen of the Park-A-Rama Committee, for all of their work contributed towards the success of the recent Park-A-Rama. Mayor Huber seconded the motion. Engineer Kishel outlined proposed change order no. 3 for Improvement No. 73, Project No. 2 (Marie Avenue) to include force mains in the project. Page 550 July 1, 1975 After a brief discussion, Mayor Huber moved that Change Order Number 3 for Improvement No. 73, Project No. 2 be approved in the amount of $7,030.00 and that the Mayor and Clerk be authorized to execute the change order. Councilman Losleben seconded the motion. Ayes: 4 Nays: 0 LEXINGTON HIGHLAND Engineer Kishel explained that because of the inclusion of IMPROVEMENTS force mains and a pumping station in the Lexington Highland East and West improvements it will be necessary to revise the final plans for the project, and that a change in the type of street surface for Marie Avenue could be included in the plans at the same time. He stated that at the time the project was approved it was decided to reconstruct Marie Avenue from Lexington Avenue to Victoria Avenue to its present condition. The cost for such reconstruction would be approximately $11,200, whereas it would be possible to place a 31/2 inch deep black bituminous surface on this portion of Marie Avenue for a cost of approximately $15,400, keeping the street at the same width as at present. He asked for Council direction on which type of consturction should be written into the plans and specifications. After a brief discussion, Mayor Huber moved that a 31/2" deep black bituminous base be constructed on Marie Avenue from Lexington to Victoria. Councilman Losleben seconded the motion. Ayes: 4 Nays: 0 LIST OF CLAIMS The Council acknowledged receipt of a revised list of claims. Ayes: 4 Nays: 0 LIQUOR LICENSE Ayes: 4 Nays: 0 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, July 1, 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. Councilman Lockwood moved that a 3.2 malt liquor off-sale license be granted to Country Club Markets, Inc. Councilman Wahl seconded the motion. CIGARETTE LICENSE Ayes: 4 Nays: 0 LICENSES Ayes: 4 Nays: 0 ADJOURN Ayes: 4 Nays: 0 Page 551 July 1, 1975 Councilman Losleben moved that a cigarette license be granted to'Country Club Markets, Inc. Mayor Huber seconded the motion. Councilman Losleben moved approval of the list of licenses, granting licenses to: E.L. Bulach Construction Company, Inc. Sam Zappa Contracting, Inc. Dahn Excavating Company' Quimby Company Capp Homes Sheehy Construction Company Ray N. Welter Heating Company Arneson Heating Service, Inc. Hinding and Company Badger Movers Buchman Plumbing and Heating Company, Inc. Dahlquist Plumbing Company Dakota Plumbing and Heating Wm. Murr Plumbing, Inc. Harris Mechanical Contracting Company W.C. (Woody) Bruestle Wenzel Plumbing & Heating, Inc. Councilman Wahl seconded the motion. Concrete & Masonry License Excavating License Excavating License General Contractor License General Contractor License General Contractor License Heating License Heating License Heating License House Movers License Plumbing License Plumbing License Plumbing License Plumbing License Plumbing License Plumbing License Plumbing License There being no further business to come before the Council, Councilman Wahl moved that the meeting be adjourned. Councilman Losleben seconded the motion. TIME OF ADJOURNMENT: 10:07 o'clock P.M. ATTEST: Donald L. Huber Mayor