1974-08-20 Council minutesPage 415
August 20, 1974
•CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Regular Meeting
Held Tuesday, August 20, 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 at 8:00 o'clock P.M. The following
members were present: Mayor Huber, Councilmen Lockwood, Losleben, Wahl and
Gutzmer.
ABATEMENTS A representative of the County Assessor was present to
request approval of the following tax abatements.
Ayes: 5
Nays: 0
Ayes: 5
Nays: 0
Ayes: 5
Nays: 0
Councilman Wahl moved that an abatement be granted to
Henry LeTendre for Parcel No. 26100-A, reducing the
assessed value from 9,534 to 8,167 for taxes payable
in 1973.
Councilman Losleben seconded the motion.
Mayor Huber moved that an abatement be granted to
R.L. Bertholf for Parcel No. 26928, reducing the assessed
value from 25,480 to 22,760 for taxes payable in 1973.
Councilman Gutzmer seconded the motion.
Councilman Lockwood moved that an abatement be granted to
Donald A. Kimmel for Parcel No. 26900, reducing the assessed
value from 1,720 to 1,290 for taxes payable in 1973.
Councilman Losleben seconded the motion.
Councilman Wahl requested that the County Assessor's office
submit a letter clarifying the tax increase on the Kimmel
property for the past five years.
BID AWARD, City Administrator Johnson summarized the tabulation of bids
MARIE AVENUE received for the Marie Avenue improvements, Dodd Road to
IMPROVEMENTS Victoria Avenue. Engineer Kishel explained that all of
the necessary easements, and the DNR approval have not yet
been received. In view of this, Engineer Kishel recommended
that the bid award be delayed.
Mayor Huber moved that the bid award for Marie Avenue
improvements, Dodd Road to Victoria Avenue, be tabled until
the special meeting on August 27.
Councilman Wahl seconded the motion.
Ayes: 5
Nays: 0
FEASIBILITY
HEARING -- HUNTER
LANE AREA
IMPROVEMENTS
Page 416
August 20, 1974
Mayor Huber opened the meeting for the purpose of a feasibilit
hearing on proposed sanitary sewer and street improvements
to serve the Orchard Place, Hunter Lane and Culligan Lane
area. Mayor Huber turned the meeting over to the City
Administrator for a history of the proposed project.
Administrator Johnson stated that hearing notices had been
published in the official newspaper and mailed to the
affected property owners. He cautioned the residents that
the costs of the project might rise greatly from the
estimated cost because if the project is ordered in it will
not be completed until the fall of 1975 and will not be
assessed until 1976. He related a history of the proposed
improvements, outlining for the audience the proposed
improvement area and the proposed assessing system. He stated
that an area assessment of .015 per square foot is proposed
to be assessed against all of the property within the
assessment district. Abutting property owners are proposed
to be assessed the area assessment plus an estimated $15.00
front foot sanitary sewer assessment. In addition, properties
abutting Orchard Place, Hunter Lane and Culligan Lane will be
assessed for street restoration. He stated that Lexington
Avenue street construction would be paid for by General
Obligation.
Mayor Huber asked for questions and comments from the
audience.
Mr. Thomas Bernier, 1813 So. Lexington, asked if properties
with double frontage would be assessed on both sides.
Mr. Vladis Mikelsons, 1787 So. Lexington, asked if the
Lexington Avenue right-of-way will be increased.
Dr. Sam Hunter, 1175 Orchard Place, asked if there is a time
limit for hooking up to the sewer after it has been
constructed.
Mr. Raymond Lundgren, 1190 Culligan Lane, asked if curb
and gutters are proposed.
Mr. Roger Jenni, 1203 W. Mendota Road, asked if there would
be a street charge for the frontage road.
Mr. Lawrence Culligan, 1221 Highway 110, asked if any
additional lift stations would be needed in this area other
than the one that is proposed.
Mr. Herbert Bruber, owner of property on Lexington and
Marie, objected to the proposed improvements, stating that
when he purchased the lot it was 15,000 square feet and that
the Marie Avenue construction will take 10 feet from one
side, while this project would take an additional 7 feet from
the other side of his lot. He does not feel that the lot will
be of adequate building size after the proposed improvements,
Ayes: 5
Nays: 0
RECESS
HUNTER LANE AREA
IMPROVEMENTS
Ayes: 5
Nays: 0
Page 417
August 20, 1974
and that it will then not be saleable either.
Mayor Huber stated that anyone wishing to make formal
objection to the project may submit a letter to the Council
or file a written objection on a list provided by the City
Clerk.
There being no further comments or objections from the
audience, Councilman Gutzmer moved that the hearing be
closed.
Councilman Wahl seconded the motion.
The hearing was closed at 9:22 o'clock P.M.
Mayor Huber called a recess at 9:23 o'clock P.M.
The Council readjourned at 9:40 o'clock P.M.
On the basis that very few objections were received from
the audience, and so many residents were present,
Councilman Lockwood moved the adoption of Resolution No. 74 -8(
"RESOLUTION ORDERING CONSTRUCTION OF ORCHARD PLACE, HUNTER LAI
AND CULLIGAN LANE AREA STREET AND SANITARY SEWER IMPROVEMENTS
AND PREPARATION OF PLANS AND SPECIFICATIONS THEREFOR."
Mayor Huber seconded the motion.
PLANNING The Council briefly discussed the application for subdivision
COMMISSION CASE of approximately 2.85 acres of property into 5 lots.
NO. 74 -6, GENZ Administrator Johnson pointed out that such items as park
contribution, lift station location and cul -de -sac location
still need to be resolved.
Ayes: 5
Nays: 0
MENDOTA WATER
COMPANY
After a brief discussion, Councilman Lockwood moved approval
of the preliminary plat for subdivision of the property into
5 lots, and directed that the City Administrator and City
Engineer work with Mr. Genz to resolve the engineering
details.
Councilman Losleben seconded the motion.
Administrator Johnson outlined for the Council his memo on
the Mendota Water Company rate increase request and the
necessary system improvements. Mr. Johnson recommended that
the Water Company be allowed a 6 -month temporary rate increase
with the understanding that the necessary improvements be
made during the six -month time period.
Several members of the audience expressed their objections to
the suggested temporary increase. Councilman Losieben pointe
out that the Franchise Agreement specifies that the City has
the right to require that system improvements be made within
thirty days and suggested that the Water Company be put on
notice to make the necessary repairs and improvements.
Administrator Johnson pointed out that the staff has not yet
Ayes: 5
Nays: 0
COMMUNICATIONS
DEPARTMENT
REPORTS
JAMES RILEY
BUILDING PERMIT
Page 418
August 20, 1974
determined what repairs are needed because the extent of the
deficiencies is not completely known.
It was the concensus of the Council that the service provided
by the Water Company is not satisfactory and that the system
deficiencies must be corrected as quickly as possible. It
was the concensus that the rate increase request will be
considered after some response from the Water Company in
planning and correcting the deficiencies.
After a lengthy discussion of the matter, Councilman Losleben
moved the following:
WHEREAS, City officials have received complaints about water
service in the Friendly Hills Addition; and
WHEREAS, City officials have documented evidence indicating
extremely low flow volumes, water pipes filled with foreign
materials, and poor maintenance practices;
NOW THEREFORE be it resolved by the City Council of the
City of Mendota Heights that the City Council hereby notifies
the Mendota Water Company in accordance with Section 5 of the
Franchise Ordinance that such deficiencies be corrected
within thirty days;
BE IT further resolved that the Water Company shall immediately
make plans for corrective measures to the satisfaction of the
City Council.
Mayor Huber seconded the motion.
The Council directed City Administrator Johnson to submit
a letter to the Mendota Water Company advising them of the
Council action.
Councilman Gutzmer left the meeting at 11:10 o'clock P.M.
The Council acknowledged receipt of the following communicationE
an excerpt from the City of Maplewood Newsletter; a memo from
the League of Minnesota Municipalities regarding 1974/75
membership dues; a letter from Mr. John McGirl regarding
the Mendota Water Company increase request; and a brochure
from the Metropolitan Council outlining outdoor recreation
sites in the metropolitan area.
The Council acknowledged receipt of the July, 1974 Fire
Department monthly report.
Continued from August 6. Mr. James Riley was present to
request a building permit to construct a single family
residence on 12 acres of property located south and west of
Ivy Falls. Mayor Huber pointed out that easements for
First Avenue would have to be submitted by Mr. Riley and
Mr. Jerry Logan prior to construction of the residence.
Ayes: 4
Nays: 0
MISCELLANEOUS
Page 419
August 20, 1974
After a brief discussion, Councilman Wahl moved the adoption
of Resolution Number 74-81, "RESOLUTION AUTHORIZING ISSUANCE
OF BUILDING PERMIT."
Councilman Losleben seconded the motion.
Councilman Wahl brought up the matter of a Halloween party
for Mendota Heights children. He suggested that plans for
such a party be initiated in the near future so that the
plans would be solidified by Halloween. He also volunteered
his services in planning and working on a Halloween party.
MUNICIPAL A discussion of municipal liquor operations was tabled pending
LIQUOR receipt of an opinion from the City Attorney on the
necessity of a referendum.
SPACE STUDY
Ayes: 4
Nays: 0
Administrator Johnson reviewed the various proposals received
for a municipal facilities study and recommended that the
space study be prepared by Midwest Planning and Research.
Councilman Losleben moved that the Space Study proposal
submitted by Midwest Planning and Research be accepted and
that the Mayor and Clerk be authorized to execute the
agreement.
Mayor Huber seconded the motion.
1975 BUDGET Administrator Johnson gave the Council a brief verbal review
of the progress of the 1975 budget proposal.
Mayor Huber left the meeting at 12:20 o'clock A.M.
DISPATCHING Councilman Wahl moved that the police and fire dispatching
SERVICE service agreement submitted by the City of West St. Paul, in
AGREEMENT the amount of $9,112, for dispatching services during 1975 be
approved and that the Administrator and City Clerk be
authorized to execute the agreement.
Acting Mayor Lockwood seconded the motion.
Ayes: 3
Nays: 0
MISCELLANEOUS City Engineer Kishel distributed to the Council a preliminary
assessment roll for the Rogers Lake Level Control project.
1974 STREET Councilman Wahl moved the adoption of Resolution No. 74-82,
OILING "RESOLUTION CALLING FOR HEARING ON ASSESSMENT ROLL FOR 1974
STREET OILING IMPROVEMENTS," Improvement No. 74, Project No.
the hearing to be held on September 17.
Councilman Losleben seconded the motion.
Ayes: 3
Nays: 0
PILOT KNOB PARK Administrator Johnson stated that the Metropolitan Airports
SITE Commission has made an offer of $27,500 for the acquisition
Ayes: 3
Nays: 0
PUBLIC WORKS
TRUCK PURCHASE
Ayes: 3
Nays: 0
SWAN LANE
Ayes: 3
Nays: 0
Page 420
August 20, 1974
of the Pilot Knob Park site, and recommended that the offer
be accepted.
Councilman Losleben moved that the MAC offer of $27,500 for
the acquisition of the Pilot Knob Park site be accepted.
Councilman Wahl seconded the motion.
Administrator Johnson outlined his memo regarding the
purchase of a one-ton pick-up truck, with utility body,
for the Public Works Department.
Acting Mayor Lockwood moved that the Administrator be authoriz
to solicit informal bids on the purchase of a one-ton utility
pick-up truck.
Councilman Losleben seconded the motion.
Administrator Johnson outlined his memo regarding the
petition to re-name Swan Lane as Swan Drive. He pointed out
that the name "Swan Lane" is recorded on all of the available
platted and mapped documents and that he could find no
evidence that "Swan Drive" has ever been an official name for
the street. He pointed out that the confusion over the
naming of the street may have been the result of the
placement of an incorrectly named sign several years ago.
After considering and discussing the matter briefly,
Acting Mayor Lockwood moved that there be no official change
in the naming of Swan Lane, that the name is to remain
Swan Lane on all official records, documents and signs.
Councilman Losleben seconded the motion.
ACQUISITION OF Administrator Johnson stated that he has had some discussion
PROPERTY with Mr. Wilfred Dehrer regarding the possible purchase of
7 acres of property on Marie Avenue immediately east of I-35E,
and that Mr. Dehrer would be willing to sell the property
to the City for the County Auditor's value of $12,000.
Mr. Johnson recommended that the Council authorize an
appraisal of the property with intent to purchase it.
Councilman Losleben moved that the Administrator be authorized
to make preparation for the purchase of the 7 acres of
property.
Councilman Wahl seconded the motion.
Ayes: 3
Nays: 0
ELECTION Councilman Wahl moved the approval of the list of Election
JUDGES Judges for the September 10 Primary Election and authorized
waiving the provisions of Minnesota Election Laws, Ch. 203.21
which requires appointment of judges of election at least
Ayes: 3
Nays: 0
INVESTMENTS
Ayes: 3
Nays: 0
MISCELLANEOUS
STREET
SCARIFYING.
Ayes: 3
Nays: 0
LIST OF CLAIMS
Ayes: 3
Nays: 0
LICENSES
Page 421
August 20, 1974
• twenty-five days prior to the date of election.
Councilman Losleben seconded the motion.
Acting Mayor Lockwood moved that the Clerk-Treasurer be
authorized to redeem certificates in the amount of
$177,696.37 from the Consolidated Fund and $170,000 from
Fund 12 and to invest the following: $182,000 in the
Consolidated Fund in time savings certificates and
$174,350 in Fund 12 in time savings certificates with the
Cherokee State Bank; $250,000 in Fund 22 in time savings
certificates and $250,000 in Fund 22 in time savings
certificates with the Mid-America State Bank of Mendota
Heights.
Councilman Wahl seconded the motion.
Public Works Inspector Pearson explained to the Council his
memo on the Mendota Water Company deficiencies.
Public Works Inspector Pearson outlined his memo on the
street scarifying project, pointing out the problems which
would be involved in scarifying Mayfield Heights Road and
recommended that it be dropped from the scarifying project
this year and considered for blacktopping next year.
Councilman Losleben moved that Mayfield Heights Road be
deleted from the street scarifying project.
Councilman Wahl seconded the motion.
Councilman Losleben moved the Council to adopt 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 20, 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.
Acting Mayor Lockwood seconded the motion.
Acting Mayor Lockwood moved the approval of the list of
licenses, granting licenses to:
Brede Incorporated
Aluminum Window and Door Mart
Hinding and Company
Southtown Plumbing
Sign License
General Contractor Licens
Heating License
Plumbing License
Page 422
August 20, 1974
Hanson Homes, Inc. General Contractor Licen.
Johnny Masonry, Inc. Masonry License
Councilman Losleben seconded the motion.
Ayes: 3
Nays: 0
ADJOURN There being no further business to come before the Council,
Councilman Wahl moved that the meeting be adjourned.
Acting Mayor Lockwood seconded the motion.
Ayes: 3
Nays: 0
TIME OF ADJOURNMENT: 1:23 o'clock A.M.
ATTEST:
Robert G. Lockwood
Acting Mayor
dabaugh
Treasu