1974-07-16 Council minutesPage 398
July 16, 1974
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Regular Meeting
Held Tuesday, July 16, 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 Wahl, Losleben and Gutzmer.
Councilman Lockwood had notified the Council that he would be late.
APPROVE MINUTES
Ayes: 4
Nays: 0
STREET SCARIFYING
COMMUNICATIONS
Councilman Wahl moved approval of the minutes of the
July .2 meeting with corrections.
Councilman Gutzmer seconded the motion.
Mayor Huber acknowledged receipt of several letters and
petitions against the proposed street scarifying and oiling
of Diego Lane, Miriam Street and Winston Court. He stated
that a petition against the scarifying and oiling of
Diego Lane, Miriam Street and Winston Court has been
submitted and that as part of the petition the residents -
asked that a bituminous surface be placed on these streets.
Mayor Huber stated that this area of the City is in need
of storm sewers and that it would be unfair to the residents
to improve the street with a bituminous surface and then
go back at a later date and cut up the streets to install
storm sewers.
Mr. John Fuller, 568 Winston Court, a representative of
the residents signing the petition, stated that storm
sewer construction seems to be a long time away and that
the streets need resurfacing now. He stated that he would
be in favor of a total project, but that many of the
people in the area are against storm sewers.
Mayor Huber asked that Mr. Fuller go back and talk to the
residents, asking them to submit a petition for storm
sewers and street improvements and directed the City
Administrator and Public Works Inspector to work with
Mr. Fuller on this matter. He stated that the Council could
support doing nothing to these streets this year if a
petition for street and storm sewers were submitted and
plans for this could be done next year.
Councilman Lockwood arrived at 8:40 o'clock P.M.
The Council acknowledged receipt of a letter from the
Association of Metropolitan Municipalities regarding
1974/75 membership dues.
Page 399
July 16, 1974
Councilman Gutzmer moved that the payment of $674 for
1974/75 dues for membership in the Association of
MetropolitanMunicipalities be approved for payment.
Councilman Wahl seconded the motion.
Ayes: 5
Nays: 0
COMMUNICATIONS Mayor Huber acknowledged receipt of a letter from the
Association of Metropolitan Municipalities regarding
committee membership. Councilman Wahl stated that he would be
interested in being a member of the Municipal Revenues
Committee, and Councilman Gutzmer stated that he would be
interested in being a member of the Metropolitan Agencies
Committee.
LILYDALE SEWER The Council acknowledged receipt of a letter from
AND WATER CONNECTION Carmen Tuminelly requesting sewer and water services to
property located in Lilydale. Administrator Johnson stated
that this is a 100 foot lot north of the Sylvandale Road
intersection with T.H. 13.
Ayes: 5
Nays: 0
COMMUNICATIONS
Mayor Huber moved that the sewer and water connection be
authorized, pending approval of the City of Lilydale, with
the following conditions: that the connection be to a single
family residence only; that the construction of the residende
begin within 120 days or the authorization for sewer and
water will be revoked; and the connection charges are to
be: sewer - $937.00; water - $832.50; Trunk Sewer -
$547.50.
Councilman Losleben seconded the motion.
The Council acknowledged receipt of a letter from the
Minnesota Highway Department regarding bicycle/pedestrian
ways. Councilman Losleben pointed out that the Trails
Committee has submitted to the Parks and Recreation
Commission a trails report and added that after the report
has been discussed by the Commission and approved by the
Council it could be sent to the Minnesota Highway Department
as fulfillment of their requirements.
PLANNING COMMISSION Mr. Richard Humpal, 599 Callahan Place, was present to
CASE NO. 73-12, request that his application be changed to a variance to
HUMPAL allow an attached 22 by 24 foot garage on the east side of
his home and a three foot four inch variance from the front
yard setback requirement. Mr. Humpal discussed the matter
with the abutting property owners and they did not express
any objections to the Council members.
Public Works Inspector Pearson pointed out that there may
be a problem in installing a driveway if the driveway comes
out on Callahan Place. Councilman Wahl requested that
Mr. Humpal submit a letter stating that no paint or
contracting equipment will be stored in the garage.
Councilman Wahl moved that the variance for an accessory
structure and a 3'6" variance be granted. Mayor Huber
MENDOTA WATER
COMPANY RATE
INCREASE REQUEST
Ayes: 5
Nays: 0
RECESS
Page 400
July 16, 1974
seconded the motion. After a brief discussion, Mayor Huber
moved that the motion be amended to grant the variance
subject to staff approval of the driveway location.
Councilman Lockwood seconded the motion.
After discussing the matter at length, the motions and
seconds were withdrawn. Mayor Huber directed that
Mr. Humpal work with the City staff on the placement of the
driveway and to bring plans to the August 6 Council meeting.
Mayor Huber acknowledged receipt of a letter from the City
Attorney on the legal basis for a rate increase and the
letter was read for the audience. Mayor Huber also
acknowledged receipt of a petition signed by 310 Friendly
Hills residents, 45 of whom are stockholders in the Water
Company, in opposition to the requested increase.
Mayor Huber reminded the audience that the Council must
make a decision on the increase request based on a
reasonable rate of return on investment. He also stated that
there is a question on whether the Mendota Water Company
is a reasonably efficient operation. He pointed out that the
Council should also consider looking into the pressure
problems and should give consideration to the problems
which might be involved in integrating the system into the
St. Paul Water Department system when the franchise ends.
Several members of the audience complained of poor water
pressure, rusty water and other problems. Many of the
residents indicated that they do not feel they are getting
the service they should be entitled to under the present
$7.50 rate and objected to any increase.
After a lengthy discussion, Mayor Huber moved that the
City Administrator and City Engineer be directed to have
preliminary discussions with the St. Paul Water Department
regarding integration of the Mendota Water Company system
into the St. Paul system after the franchise ends, and to
solicit the cooperation of the Mendota Water Company
officials in checking into water pressure and service
problems.
Councilman Losleben seconded the motion.
Mayor Huber called for a recess at 9:50 o'clock P.M.
The meeting was readjourned at 10:10 o'clock P.M.
STREET The representatives of the residents of Diego-Lane indicated
SCARIFYING they would contact the other residents who signed the
petition opposing street scarifying, hopefully to bring
back a petition requesting street and storm sewer
improvements for the area.
Ayes: 5
Nays: 0
Councilman Gutzmer moved the adoption of Resolution
Number 74-65, "RESOLUTION ORDERING 1974 STREET OILING
IMPROVEMENTS," for the following streets: Furlong, Kendon
Lane, Lakeview Avenue, Mayfield Heights Road, Pierce
(Hiawatha), Rogers Road and Swan Lane.
Mayor Huber seconded the motion.
Page 401
July 16, 1974
DEPARTMENT The Council acknowledged receipt of the Police Department
REPORTS monthly report for June, 1974 and the Fire Department
monthly report for June, 1974.
ASSESSMENT PAYMENT
SCHEDULE
Ayes: 5
Nays: 0
Councilman Lockwood moved the adoption of Resolution
Number 74 -63, "RESOLUTION ESTABLISHING ASSESSMENT PAYMENT
SCHEDULE," for Tract A, Ivy Hills Falls Addition.
Mayor Huber seconded the motion.
PUBLIC WORKS Councilman Lockwood moved the approval of the 1974/75
DEPARTMENT LABOR Labor Agreement with the Public Works Department.
CONTRACT Councilman Losleben seconded the motion.
Ayes: 5
Nays: 0
SPACE STUDY
ORCHARD LANE
FEASIBILITY STUDY
Ayes: 5
Nays: 0
MINNESOTA HIGHWAY
DEPARTMENT
Ayes: 5
Nays: 0
The Council acknowledged receipt of a brochure from
Bergstedt, Wohlberg, Bergquist and Rohkohl. Discussion
of the Space Study proposals was tabled.
City Engineer Kishel outlined and explained the supplemental
feasibility study for Orchard Place /Hunter Lane sanitary
sewer improvements.
Mayor Huber pointed out that the City Attorney should be
contacted regarding the legal correctness of the proposed
assessment procedure. The Council also was concerned that
some of the property involved in the proposed improvement
area might be under Green Acres and directed the
Administrator to research this aspect.
Councilman Lockwood moved the adoption of Resolution
Number 74 -66, "RESOLUTION ACCEPTING ENGINEER'S REPORT AND
CALLING FOR HEARING ON PROPOSED CONSTRUCTION OF STREET
IMPROVEMENTS AND OF AN EXTENSION TO THE CITY'S SANITARY
SEWER SYSTEM FOR THE ORCHARD PLACE, HUNTER LANE, AND CULLIGAN
LANE AREA," the hearing to be held on August 20.
Councilman Gutzmer seconded the motion.
In response to a Minnesota Highway Department request,
Mayor Huber moved the adoption of Resolution Number 74 -64,
"RESOLUTION ASSURING NON- ENCROACHMENT ON T.H. 13 AND
APPROVING PLANS FOR UNDERGROUND DRAINAGE SYSTEM."
Councilman Losleben seconded the motion.
WACHTLER AVENUE
STREET VACATION
Ayes: 5
Nays: 0
Page 402
July 16, 1974
Councilman Wahl moved that a hearing on a petition to
vacate a portion of Wachtler Avenue be scheduled for
August 6.
Mayor Huber seconded the motion.
MISCELLANEOUS Councilman Lockwood requested that the City Administrator
check on the status of the construction of a home being
constructed on Dodd Road and Stanwich.
Councilman Wahl brought up the matter of split liquor,
and City Administrator Johnson stated that he would
research the matter and report to the Council on August 6.
Councilman Gutzmer stated that the parking situation at
the Rogers Lake Beach is a problem and requested that the
Administrator see what can be done to relieve the parking
problems.
KIRCHERT/CARLSON Councilman Losleben moved the adoption of Resolution
SEWER AND WATER Number 74-67, "RESOLUTION AMENDING RESOLUTION ACCEPTING
IMPROVEMENTS KIRCHERT AND CARLSON PETITION AND FEASIBILITY REPORT AND
ORDERING PREPARATION OF PLANS AND SPECIFICATIONS."
Councilman Wahl seconded the motion.
Ayes: 5
Nays: 0
STAFF Administrator Johnson requested approval of the employment
APPOINTMENT of Mrs. Betty Anderson, 2119 Patricia Street as
clerk/typist.
Ayes: 5
Nays: 0
CHANGE ORDER,
ROGERS LAKE LEVEL
CONTROL PROJECT
Ayes: 5
Nays: 0
Mayor Huber moved that Mrs. Betty Anderson be employed as
clerk-typist for a probationary salary of $450 per month.
Councilman Losleben seconded the motion.
Mayor Huber moved the approval of Change Order No. 2 for
the Rogers Lake Level Control Project (Improvement
No. 72, Project No. 4) in the amount of $369.14.
Councilman Wahl seconded the motion.
CHANGE ORDER, Councilman Losleben moved the approval of Change Order
INLAND INDUSTRIAL No. 1 for the Inland Industrial Park improvements
PARK (Improvement No. 74, Project No. 1) in the amount of
$1,532.20.
Councilman Gutzmer seconded the motion.
Ayes: 5
Nays: 0
1974 STREET
IMPROVEMENT PROJECT
City Engineer Kishel submitted final plans and specifications
for the 1974 Street Improvement Project (Improvement No. 74,
Project No. 5).
Ayes: 5
Nays: 0
MARIE AVENUE
IMPROVEMENTS,
IMPROVEMENT NO. 73,
PROJECT NO. 2
Ayes: 5
Nays: 0
WACHTT.FR AVENUE
IMPROVEMENTS
Ayes: 5
Nays: 0
ORDINANCE NUMBER 123
Ayes: 5
Nays: 0
ORDINANCE NUMBER 124
Ayes: 5
Nays: 0
CERTIFICATE
REDEMPTION
Ayes: 5
Nays: 0
LIST OF CLAIMS
Page 403
July 16, 1974
After a discussion, Mayor Huber moved the adoption of
Resolution Number 74 -68a "RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR
1974 STREET IMPROVEMENTS (IMPROVEMENT NO. 74, PROJECT
NO. 5)."
Councilman Lockwood seconded the motion.
Engineer Kishel stated that the Minnesota Highway
Department has given approval of the plans and specifications
for Marie Avenue from Dodd to Victoria, and that the plans
have been submitted to the DNR and should be returned
by the August 6 meeting. He asked for authorization to
prepare for bid letting, pending DNR approval, hopefully
setting a bid date at the August 6 meeting.
Mayor Huber moved that the Engineer be authorized to begin
bid - letting preparations pending approval of the DNR.
Councilman Losleben seconded the motion.
Councilman Wahl moved the adoption of Resolution Number 74 -69,
"RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS FOR
WACHTT,FR AVENUE STREET IMPROVEMENTS BETWEEN MARIE AVENUE
AND VALLEY CURVE."
Councilman Lockwood seconded the motion.
Councilman Losleben moved the adoption of Ordinance
Number 123, "AN ORDINANCE AMENDING THE ZONING ORDINANCE,"
allowing construction of animal hospitals in B -2 and B -3
Zoning Districts as a conditional use.
Councilman Gutzmer seconded the motion.
Councilman Gutzmer moved the adoption of Ordinance
Number 124, "AN ORDINANCE AMENDING ORDINANCE NO. 43,"
relating to connection to the Sanitary Sewer system.
Mayor Huber seconded the motion.
Councilman Gutzmer moved that the City Clerk be authorized
to redeem certificates in the amount of $100,000 from
Fund 12 and $114,843.05 from the Consolidated Fund.
Councilman Wahl seconded the motion.
Mayor Huber moved the Council to adopt the following
motion:
Ayes: 5
Nays: 0
LICENSES
Ayes: 5
Nays: 0
ADJOURN
Ayes: 5
Nays: 0
Page 404
July 16, 1974
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 16, 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 Wahl seconded the motion.
Councilman Lockwood moved the approval of the list of
licenses, granting licenses to:
Rauchwarter, Inc.
Carlson Sewer Company, Inc.
Wm. F. Kopp Construction Co.
Val Kuntz, Builder
Mitchell Heating Company
Schwantes, Inc.
Gopher Masonry, Inc.
Erickson Plumbing and
Heating, Inc.
A & R Roofing
Excavating License
Excavating License
General Contractor License
General Contractor License
Heating License
Heating License
Masonry License
Plumbing License
Roofing License
Councilman Wahl seconded the motion.
There being no further business to come before the
Council, Councilman Gutzmer moved that the meeting be
adjourned.
Councilman Losleben seconded the motion.
TIME OF ADJOURNMENT: 12:08 o'clock A.M.
ATTEST:
Donald L. Huber
Mayor
Clerk
dabaugh
reasure