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1974-11-05 Council minutesPage 443 November 5, 1974 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held:Tuesday, November 5, 1974 . 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 at8:00 o'clock P.M. The following members were present: Mayor Huber, Councilmen Lockwood, Losieben, Wahl and Gutzmer. APPROVE MINUTES Ayes: 5 _Nays: 0 Councilman Wahl moved approval of the minutes of the October 15 meeting. Councilman Losleben seconded the motion. EMPLOYMENT City Administrator Johnson stated that Mrs. Marna Johnson has CHANGES terminated her employment as bookkeeper, effective on November 1, and that several applications for the position were received and interviews have been conducted. He recommended that Mrs. Joanne Cobian be appointed to the position of bookkeeper at a salary of $670 per month. On the recommendation of the City Administrator, Councilman Lockwood moved that Mrs. Joanne Cobian be employed as bookkeeper at a salary of $670 per month. Councilman Gutzmer seconded the Motion. Ayes: 5 Nays: 0 CHANGE ORDER After a brief discussion, Mayor Huber moved the approval of IMPROVEMENT NO. 74 Change Order No. 1 for the 1974 Street Resurfacing Project, PROJECT NO. 5 Improvement No. 74, Project No. 5, in the amount of $2,986.16. Councilman Wahl seconded the motion. Ayes: 5 Nays: 0 FINAL PAYMENT Ayes: 5 Nays: 0 MENDOTA WATER COMPANY Councilman Losieben moved the adoption of Resolution Number 74-94, "RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT, (IMPROVEMENT NO. 74, PROJECT NO. 5)." Councilman Gutzmer seconded the motion. Mayor Huber acknowledged receipt of a letter from Mr. John McGirl, attorney for the Mendota Water Company, regarding system improvements. The Council also acknowledged receipt of a memo from Mr. Lawrence Shaughnessy, City Financial Advisor, regarding the Company's rate increase request. Mrs. Leonard Dahl, 749 Decorah, complained about the redness of the water being supplied to her home and submitted samples of the water. Mayor Huber suggested that the Council hold a special meeting to discuss the requested rate increase and asked the Council members to study the memo from Mr. Shaughnessy fl Ayes: 5 Nays: 0 COMMUNICATIONS PAUL MACZKO POLICE DEPARTMENT REPORT PLANNING COMMISSION CASE NO. 74-17, DAKOTA LAND AND DEVELOPMENT Page 444 November 5, 1974 prior to such meeting. After a brief discussion, Councilman Lockwood moved that the City Council hold a special meeting on Monday, December 9 at 8:00 P.M. to discuss the rate increase request, conditional upon the ability of the Mendota Water Company officials to be in attendance at the meeting. Councilman Wahl seconded the motion. Mayor Huber acknowledged receipt of a letter from Mr. Arvid. Rued, 787 Keokuk Lane, regarding the Mendota Water Company rate increase request, and a letter from Mr. Bernard Friel regarding water pressure and volume improvements in the service to his home. The Council acknowledged receipt of a letter from the Office of Local and Urban Affairs advising the City officials that the application for Lawcon funding for acquisition and development of Valley Park has been denied. The Council also acknowledged receipt of the following: a petition for sanitary sewer improvements for the Dodd Road/ Freeway Road area; and the Association of Metropolitan Municipalities newsletter for October, 1974. The Council acknowledged receipt of a letter from the attorneys representing Mr. Paul Maczko in regard to the Rogers Lake Overflow Project. Mayor Huber noted that the matter is being processed and directed the City Administrator and City Attorney to continue working on the matter. The Council acknowledged receipt of the Police Department monthly report for September, 1974. The Council acknowledged receipt of the minutes of the October 22 Planning Commission meeting. Mr. William Price, representing Dakota Land and Development, presented preliminary plans for the development of the Russ property located on Wachtler Avenue. Mr. Price stated that the land is proposed to be divided into lots of a minimum of 15,000 square feet, most of the lots to consist of 17,000 to 22,000 square feet. Mr. Price stated that his firm has done preliminary investigation on sanitary sewer layouts, and outlined the alternatives for the Council. He also outlined possibilities for drainage/storm sewer facilities, proposing the construction of a temporary holding pond in the woods at the back of the property. Councilman Wahl expressed concern over the length of the cul-de-sac extending from Farmdale Road and suggested that this be dead-ended rather than ending in a cul-de-sac. CASE NO. 74-18, MC GOUGH Page 445 November 5, 1974 Administrator Johnson pointed out the possibility of very high noise levels resulting from the proximity of the back of the property to the NSP tank farm. The Council discussed various alternatives for protecting future home owners from high noise levels. Mayor Huber suggested that a variance from the 15,000 square foot lot size could be considered to allow for moving the lots further away from the tank farm, and utilizing the trees at the rear of the property as a noise barrier. The Council suggested to Mr. Price that the developers should work towards developing a solution to the noise problem, including contacting NSP for assistance. The Council directed the City Engineer to work with Mr. Price on a drainage system plan for the property. City Administrator Johnson gave the Council a brief history of the Jerry McGough application for subdivision of five acres of property along Butler Avenue. Mr. Johnson stated that both the Park and Recreation Commission and Planning Commission have considered the preliminary plat and that the Planning Commission discussion centered mainly on the park considerations. He pointed out that the biggest item of concern would be the problem of traffic circulation -- should Butler be extended? Park Commission Chairman Howe stated that he would be in favor of acquiring Lots 1, 2, 3 and 4 for expansion of the present park land and opposes any extension of Butler since if Butler were extended many of the present park facilities would have to be relocated. Mr. Richard Foreman, 688 Woodridge Drive, presented a petition from residents of the Ivy Falls area opposing extending Butler Avenue because of relocation of present park facilities, possible reduction in the size of the Ivy Hills Park and the possibility of additional traffic in the area. Mr. Amos Martin, 700 Woodridge Drive, stated his opposition to extending Butler Avenue. Councilman Gutzmer stated he would be opposed to extending Butler because of the effects vehicular traffic would have on the present park facilities; he favors acquisition of the four lots for park expansion. Mayor Huber stated that the Council will take the matter under advisement and referred the application to the Park Commission for additional information on proposed development of the park. RECESS The Council meeting was recessed at 10:30 o'clock P.M. The meeting was readjourned at 10:45 o'clock P.M. CASE NO. 74-24, HIPP Ayes: 5 Nays: 0 On the reconuuendation of the Planning Commission, Councilman Lockwood moved that the application submitted by August Hipp, 2124 Aztec Lane, for a three foot variance from the front-yard setback requirement be approved. Councilman Wahl seconded the motion. (fl Page 446 November 5, 1974 PARK PROJECT . Park Planner Lee Starr was present to explain a proposed CHANGE ORDER Change Order to the Park Project No. 2 contract. • P Administrator Johnson pointed out that the items listed on the change order were the result of discussions between the Planner, Park Commission, contractor and staff, and recommended the Change Order be approved. . After a lengthy discussion, Councilman Gutzmer moved the approval of Change Order No. 5 in the amount of $1,342.00. Mayor Huber seconded the motion. Ayes: 5 Nays: 0 FINAL PAYMENT PARK PROJECT NO. 2 DAKOTA COUNTY HRA Ayes: 5 Nays: 0 MARIE AVENUE TEMPCO Park Planner Starr recommended that the contractor for Park Project No. 2 construction be authorized to submit for processing his certificate for final payment for work completed on the park project. He recommended that $1,000 be retained from the final payment until the spring of 1975 so that the Planner can make sure that the planted materials are well-established, healthy and have survived the winter. Ms. Nan McKay, of the Dakota County Housing and Redevelopment Authority, made a presentation of the Dakota County rent subsidy program. She explained that the program only involves subsidizing rent for low-income families, in housing presently used for rental purposes, and does not involve construction of any type of housing. Mayor Huber expressed concern that this type of program might encourage "unauthorized" use of homes not presently used (or allowed to be used) for rental purposes. Councilman Lockwood moved the adoption of Resolution Number 74-95, "RESOLUTION APPROVING DAKOTA COUNTY PROGRAM OF RENTAL ASSISTANCE." Mayor Huber seconded the motion. City Attorney Winthrop advised the Council that meetings with the McClouds relative to acquisition of property for Marie Avenue right-of-way have been unsuccessful. He further stated that the plaintiffs have been advised that work on the section of Marie Avenue between Eagle Ridge Drive and Dodd Road will commence on November 8 and that the plaintiffs and the McClouds are to meet to negotiate the property acquisition while construction on this section proceeds. Mr. Peter Kronan, of Tempco Manufacturing, was present to request approval of a building permit for expansion of the present Tempco building. The Council members pointed out that no landscaping (screening) has been done at the rear of the Tempco property, the driveway should be blacktopped, and the current outside storage at the Tempco property is in violation of City ordinances. Mr. Kronan stated that the landscaping is not possible because FEASIBILITY STUDY Ayes: 5 Nays: 0 KIRCHERT/CARLSON Ayes: 5 Nays: 0 CHANGE ORDER, IMPROVEMENT 73, PROJECT 3 Ayes: 5 Nays: 0 MISCELLANEOUS MENDOTA WATER COMPANY Ayes: 5 Nays: 0 Page 447 • November 5, 1974 the property is lower than the abutting street. He also stated that the company cannot afford either the landscaping or the blacktopping. The Council directed that the City Administrator and Building Inspector work with Mr. Kronan to develop some type of plan which would be acceptable. The City Engineer and Administrator outlined for the Council the need for street and drainage improvements in the First, Second, Third and Fourth Avenue, Laura, Clement and Vandall area, and recommended that the Engineer be directed to prepare a feasibility report on such improvements. After a brief discussion, Councilman Gutzmer moved the adoption, of Resolution No. 74-96, "RESOLUTION ORDERING PREPARATION OF REPORT ON IMPROVEMENTS." Councilman Losleben seconded the motion. City Engineer Kishel presented final plans and specifications for sanitary sewer and water improvements to serve the Kirchert and Carlson properties (Improvement No. 74, Project No. 4). Mayor Huber moved the adoption of Resolution Number 74-97, "RESOLUTION ORDERING SANITARY SEWER AND WATER IMPROVEMENTS FOR KIRCHERT/CARLSON PROPERTY AND APPROVING PLANS AND ,SPECIFICATIONS THEREFOR (IMPROVEMENT NO. 74, PROJECT NO. 4)." Councilman Losleben seconded the motion. Engineer Kishel recommended the approval of Change Order No. 1 for Improvement No. 73, Project No. 3, to include construction of the improvements to serve the Kirchert/Carlson properties. Mayor Huber moved the approval of the Change Order No. 1, Improvement No. 73, Project No. 3,. in the amount of $6,002.50. Councilman Losleben seconded the motion. The Council acknowledged receipt of the October, 1974 Engineering Status Report. Councilman Losleben moved the adoption of Ordinance No. 203, "AN ORDINANCE AMENDING ORDINANCE NO. 201," to allow for an extension of the Mendota Water Company franchise to serve the Kirchert/Carlson properties. Councilman Lockwood seconded the motion. r MAC AWARD Ayes: 5 Nays: 0 EMPLOYMENT STATUS Ayes: 5 Nays: 0 VOLUNTEER FIRE DEPARTMENT Page 448 November 5, 1974 City Attorney Winthrop stated that the Commissioner's Award, in connection with the Metropolitan Airports Commission acquisition of the Pilot Knob Park site, in the amount of $27,500 can be released upon acceptance of award if the City waives the right to appeal, and Mr. Winthrop recommended that the award be accepted. Councilman $27,500 be of appeal. Councilman Wahl moved that the Commissioner's Award of accepted and that the City waives the right Losleben seconded the motion. Administrator Johnson stated that Chester Pearson has satisfactorily completed a six-month probationary period as Public Works Inspector and recommended that he be given permanent employment status. Mayor Huber moved that Chester Pearson be giv‘n permanent employment status as Public Works Inspector. Councilman Lockwood seconded the motion. The Council members discussed the applications for appointment to the Volunteer Fire Department from Thomas Olund and Peter Kovacs. Mayor Huber moved that the two applicants be appointed to the Volunteer Fire Department. Councilman Lockwood seconded the motion. Councilman Gutzmer questioned the necessity for a thirty-man complement and Administrator Johnson stated that both Insurance Services and City experience points to the need for additional day-time response availability and that each of the applicants would be available for day-time response. After a brief discussion, Councilman Lockwood withdrew his second to the motion. Mayor Huber withdrew the motion to appoint the two applicants to the Fire Department. The Council directed the City Administrator to prepare a written recommendation on the number of Volunteer Firemen needed to provide necessary fire services. CANVASSING BOARD Mayor Huber moved that an Election Canvassinig. Board meeting be held on Thursday, November 7 at 5:15 o'clock P.M. Councilman Wahl seconded the motion. Ayes: 5 Nays: 0 MISCELLANEOUS MENDOTA HEIGHTS ROAD SPEED LIMIT Ayes: 5 Nays: 0 RHEIN EASEMENT Ayes: 5 Nays: 0 Page 449 November 5, 1974 City Administrator Johnson stated that the County Assessor has contacted him relative to establishing a meeting date to informally discuss abatements, and requested that the Council members set a date for the meeting. The Council members requested,that the County Assessor be present at the City offices on Thursday, November 14 at 4:45 P.M. to discuss abatements. Public Works Inspector Pearson requested that the City Council adopt a resolution requesting the Minnesota Highway Department to establish a forty mile-per-hour speed limit on Mendota Heights Road from Highway 49 to Highway 55. Councilman Lockwood moved the adoption of Resolution No. 74-98, "RESOLUTIONREQUESTING ESTABLISHMENT OF SPEED LIMITS FOR MENDOTA HEIGHTS ROAD." Councilman Gutzmer seconded the motion. Public Works Inspector Pearson stated that in order to proceed with the Kirchert/Carlson sewer and water improvements, it will be necessary to obtain a permanent easement from Paul and Judith Rhein in the amount of $300, and recommended that the easement be acquired. Councilman Wahl moved that the City acquire a peiivanent easement from Mr. and Mrs. Paul Rhein in the amount of $300. Councilman Losleben seconded the motion. MISCELLANEOUS The Council acknowledged receipt of the September, 1974 Financial Statement. LIST OF CLAIMS Councilman Losleben moved the adoption of the following motion: Ayes: 5 Nays: 0 LICENSES 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, November 5, 1974, 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 Lockwood seconded the motion. Councilman Wahl moved the approval of the list of licenses, granting licenses to: u Page. 449a . November 5, 1974 Homer's Sewer Service Stromath-Theis Construction Co. Dale Movers, Inc. Morehouse Construction Excavating License General Contractor License House Mover License Masonry License Councilman Gutzmer seconded the motion. Ayes: 5 Nays: 0 BUILDING PERMIT After a brief discussion, Councilman Wahl moved that the MORATORIUM City Attorney be directed to prepare a resolution establishing a 120 day moratorium on the issuance of building permits in the area bounded by TH 55, TH 110, Resurrection Cemetery and Mendota Heights Road. Mayor Huber seconded the motion. Ayes: 5 Nays: 0 RADIO ALERTING SYSTEM Ayes: 5 Nays: 0 ADJOURN Ayes: 5 Nays: 0 City Administrator Johnson outlined his memo on a proposed radio alerting system for the Volunteer Fire Department, and recommended that the staff be directed to prepare specifications for the purchase of "personal pager" type radio units. Councilman Lockwood moved that the concept of personal pagers for the Volunteer Fire Department be accepted and approved. Councilman Losleben 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: 12:40 o'clock A.M. ATTEST: Donald L. Huber Mayor 71/2- Minutes of Village Election, WALTER S. BOOTH i SON. MINNGPOUR (a) The lines following the letter (a); in this blank are left to wr ite in the fact, that "the electors present at the time and place named for opening the polls elected the Judges and Clerk viva voce, because the council had neglected to make such appoint- ment," or. "because the persons so appointed, or one or more �f them, neglected or refused to serve," (if such was the case.) At the Annual..._ ..... _.._.;.._ in the County of_ . /__ Election of the and State of Minnesota, held at i being the place where it was directed to be held by /J Ar. the Council • a j r giving due notice there •£a• provide by law, on the.... day of / At' i , 19 . "/, i ..ri i � and /1 .. -,‘..../. /' ( Iii ' / ' i o qualified voters of said Village, to act as Judges o such Eion, and. one qualified v oter of aid Vill: ge to act as Clerk of such Eleetion, each of whom had within twenty days before such time been designated and appointed by the Village Council to act as Judges and Clerk respectively of such election (a) ..... �_ lid. who, being .resent, at the hour of.:._ 4_r_ ..(_.o'clock P M., each of them duly took and subscribed an oath .��/_! i ..to faithfully discharge the duties required of them at such Election; and the said Judges and Clerk being duly qualified, forthwith opened the polls by proclamation, and the Election proceeded by ballot without adjournment or intermission until closed. The subjects voted on a To elect eh Election, as stated in t Notice thereof, were: At ¥ o'clock in the afternoon of said day the polls were closed, proclamation thereof having been made by one of the Judges thirty minutes previous thereto. The Judges then proceeded to publicly - count and canvass the votes, and a true statement thereof was duly proclaimed to the voters by the Clerk who recorded the same in the Village Minute Book. STATEMENT OF RESULT OF CANVASS The follo i g is a true statement of the result of the counting and c Annual_....__ of. ..Election of the of f votes by ballot at the County 19 7' and State of Minnesota, held. as proclaimed to the voters by the Clerk of Election: _�.. received votes for Mayor received. votes for Mayor was declared elected Mayor (Continued on following page). rfl//:. ler AIN ,41 / /1/ 1.74/ ..4114e? r ?d, received /7i,5"-Votes for Trustee, term of__Y—years received_ 777 votes for Trustee, term of "/ years received2-g— _votes for Trustee, term. of 4. years received / votes for Trustee, term of 4/ years received / _votes for Trustee, terni of years received c2-, votes for Trustee, term of years was declared elected Trustee, term of__—years __was declared elected Trustee, term of...........—years __was declared elected Trustee, term of._../.-Lyears _received._____votes for Treasurer rereived votes for Treasurer .was declared elected Treasurer received. votes for Clerk received, votes for Clerk was declared elected Clerk ........received_. ..votes for Assessor _ receive(' votes for .Assessor __was declared elected Assessor received_ .....votes for Justice of the Peace received_______votes for Justice of the Peace _received_ votes for Justice of the Peace received._. ....votes for Justice of the Peace was declared elected Justice of the Peace was declared elected Justice of the Peace received.. received_ __received. received votes for Constable ___-_:_votes for Constable votes for Constable _votes for Constable was declared elected Constable was declared elected Constable were cast for ...g.t_...ballots•Were east for ..44( Clerk of Election. 1,69u4 e4,4 of Election 7Ze-/-erx. 'Judges--