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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