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1974-07-02 Council minutesPage 390 July 2, 1974 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, July 2, 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 Ayes: 4 Nays: 0 Councilman Losleben moved approval of the minutes of the June 11 meeting. Councilman Gutzmer seconded the motion. Councilman Gutzmer moved approval of the minutes of the June 18 meeting. Mayor Huber seconded the motion. • HEARING Mayor Huber opened the meeting for the purpose of a hearing STREET SCARIFYING on proposed street scarifying and oiling improvements and PROJECT turned the meeting over to Administrator Johnson for an explanation of the proposed project. Administrator Johnson gave the audience a brief history of the proposed improvements, stating that a notice of hearing had been published in the newspaper and residents were sent a letter explaining the project. He stated that the proposed project is a service rather than a permanent improvement and explained the type of work which is proposed for the following t streets: Butler Avenue Diego Lane Esther Lane Furlong Avenue Junction Lane Kendon Lane Lakeview Avenue Kirchner Avenue Mayfield Heights Road Miriam Avenue Pierce (Hiawatha) Rogers Road Simard Street Spring Street Swan Lane Valley Lane Winston Court Between Esther Lane and Ivy Hill Drivel Winston Court and Miriam Streei Butler Ave. and Junction Lane East of TH 55 Chippewa Avenue and Esther Lan. East of TH 55 East of TH 55 Butler Avenue and Esther Lane South of TH 13 West of Chippewa Avenue South of Garden Lane East of TH 55 Chippewa Avenue and Miriam Southwest of Butler Avenue Wagon Wheel Trail and Cheri Lai' Kirchner Avenue and View Lane Cul-de-sac and Diego Lane He stated that the estimated total cost of this maintenance work would be slightly under $10,000. Mr. Johnson explained the proposed assessing method, stating also that if the project is initiated, residents may either pay the full amount of their assessment to City Hall or have it certified to the County and included in 1975 taxes payable. Mayor Huber explained the budgeting limitations and the current necessity to assess for this type of street maintenance Councilman Lockwood arrived at 8:10 o'clock P.M. Mayor Huber asked for questions and comments from the audience. He stated that those persons who wish to make written comments or objections may do so after the hearing on a list provided by the City Clerk. Mr. Lyal Hefflefinger, 569 Miriam Street, asked if the water problem at the end of his street will be taken care of in the project. Jim Boyer, 1038 View Lane, asked if this type of project would be done annually. John Hartmann, 560 Miriam, was opposed to a temporary project if full improvements are to be considered at a later date. William Shaughnessy, 562 Winston sharing funds are not being used maintenance, and stated that the should be torn up and the street Court, asked why revenue to finance street cul-de-sac on Winston Court should be dead-ended. Ken Gauw, 1189 Rogers Road, stated that he and the other three home owners on Rogers Road feel that their street is adequate as it is now. Melvin Lathrop, 566 Hiawatha, submitted a petition from the residents on Hiawatha in objection to the proposed project. Wilfrid Oster, 1068 Esther Lane, stated that the scarifying project will do no godd because of the water problem. Bill Allen, 900 Wagon Wheel Trail, asked if there would be a special formula for assessing corner lots. John Fuller, 568 Winston Court, requested that no decision on the project be made at this hearing. William Treuter, 564 Hiawatha, stated that many of the residents on Hiawatha feel they cannot afford the cost of the assessment. Ralph Spindler, 584 Butler, stated that he is in favor of the project. Lyall Hefflefinger stated that he feels the project is worthwhile, but would prefer blacktopping. Chester Boike, 1000 Diego Lane, was concerned that this might become an annual project. Ayes: 5 Nays: 0 RECESS MENDOTA WATER COMPANY RATE INCREASE Page 392 July 2, 1974 , Paul Krueger, 523 Junction Lane, complained about the drainage problems and culverts. Mrs. Wilfrid Oster, 1068 Esther Lane, stated that she objects to the project if no culvert work is proposed for Esther Lane. There being no further continents or questions from the audience, Mayor Huber moved that the hearing be closed. Councilman Gutzmer seconded the motion. The hearing was closed at 9:13 Mayor Huber called a recess at The meeting was readjourned at o'clock P.M. 9:14 o'clock P.M. 9:25 o'clock P.M. Mayor Huber opened the meeting for the purpose of a hearing on a Mendota Water Company rate increase request and turned the hearing over to City Administrator Johnson for a brief history of the increase request. Administrator Johnson stated that a notice of the hearing had been published in the legal newspaper, however mailed notices were not required. He further stated that on March 5 a letter was received from the Mendota Water Company requesting that water rates be increased to the following amounts: residential properties -- $9.00 minimum per month for the first' 30,000 gallons per month plus 48 per 1,000 gallons per month in excess of 30,000 gallons; commercial properties -- $12.00 per month for the first 30,000 gallons of water plus 48 per 1,000 gallons in excess of 30,000 gallons per month. He pointed out that the hearing was called in accordance with the franchise ordinance granted to the Mendota Water Company in 1956. Mr. Warren:Tyler and Mr. Joseph Labuda, officers of the Water Company, were introduced to the audience, and stated that they would be willing to answer questions from the audience. Mayor Huber stated that the Council members must decide if the company is receiving a reasonable return on the original investment, since that is the only factor the City can legally control. Mayor Huber asked for questions and comments from the audience. Mrs. Leonard Dahl, 749 Decorah Lane, stated that $9.00 per month is excessive and pointed out that the company's profit is over $3,000 per month, which she considers a very large return on the original investment. Michael Korby, 772 Keokuk, asked what percentage of the additional charge would be used for maintenance and repairs. He also stated that there has not been adequate water pressure for the past three years and asked if the company does periodic checks on the system. Leonard Dahl, 749 Decorah Lane, asked the total depreciation Ayes: 5 Nays: 0 Page 393 July 2, 1974 taken.over the past seventeen years and the names of the stockholders as well as the amount of shares owned by officials of the company. William Chisler, 1388 LeMay, asked the salaries of the staff and directors. He also asked if the meters had been calibrated since the system was purchased. Mrs. Michael Korby complained about water pressure, especially in the summer, and the rust in the water. Paul Rhein, 2305 Apache, asked if the IRS has approved the company's depreciation schedule. Wendell Stone, 2331 Apache, asked what constitutes a fair return on the investment. Mayor Huber directed the City Attorney to verify that the only legal consideration for granting or denying a rate increase is the rate of return on the corporation's original investment. There being no further questions or comments, Mayor Huber moved that the hearing be closed. Councilman Lockwood seconded the motion. The hearing was closed at 10:21 o'clock P.M. RECESS Mayor Huber called a recess at 10:22 o'clock P.M. The meeting readjourned at 10:30 o'clock P.M. IMPROVEMENT Mayor Huber moved the adoption of Resolution Number 74-59, BONDS "RESOLUTION CALLING FOR SALE OF $125,000 IMPROVEMENT BONDS," and that a special meeting be held for the bid opening on July 30, 1974. . Councilman Wahl seconded the motion. Ayes: 5 Nays: 0 LEE'S JANITOR Administrator Johnson stated that Mr. Carmen Tuminelly had SERVICE contacted him to temporarily withdraw his request for approval of modification of the Lee's Janitor Service site plan. GEORGE TESAR The Council acknowledged receipt of a letter from ASSESSMENT Mr. George Tesar requesting that he be allowed to pay PAYMENT approximately half of the $2,800 assessment for sewer and water for Parcel A, Ivy Hills Falls Addition, and that he be allowed to pay the other portion of the assessment over a nine-year period as a special assessment. Councilman Lockwood moved that the City Attorney be directed to prepare a resolution granting the request. Mayor Huber seconded the motion. Ayes: 5 Nays: 0 C) MISCELLANEOUS Ayes: 4 Nays: 0 POLICE DEPARTMENT Ayes: 4 Nays: 0 KIRCHERT/CARLSON SEWER AND WATER POLICE DEPARTMENT REPORTS PLANNING COMMISSION MINUTES CASE NO. 74-11, WACHTLER AVENUE VACATION Ayes: 4 Nays: 0 Page 394 July 2, •974 Mayor Huber turned the meeting over to Acting Mayor Lockwood and left the meeting at 10:45 o'clock P.M. Mr. David Felling, 1035 View Lane, was present to request a variance to allow him to construct a seven by ten foot storage shed four and one-half feet from his property line. After a brief discussion of the matter, Councilman Gutzmer moved approval of the 51/2 foot variance from the sideyard setback requirement. Councilman Losleben seconded the motion. The Council acknowledged receipt of a letter from Mrs. D. W. Pace, Sr., 991 Wagon Wheel Trail, in appreciation for the Park-A-Rama program and the Rogers Lake park site. Councilman Wahl moved the adoption of Resolution Number 74-61, "RESOLUTION AUTHORIZING LETTER TO UNIVERSITY OF MINNESOTA ROSEMOUNT RESEARCH CENTER INDEMNIFYING CENTER AGAINST LOSS BECAUSE OF USE OF FIRING RANGES BY CITY POLICEMEN." Acting Mayor Lockwood seconded the motion. Councilman Losleben moved to adopt a resolution amending Resolution Number 74-35 regarding the use of the second residence on the Kirchert property after sewer and water installation. Councilman Wahl seconded the motion. Administrator Johnson pointed out that a Mr. Parranto was planning to contact Mr. Kirchert regarding the second residence. Councilman Losleben stated that he would like to contact Mr. Kirchert again before any formal action is taken. After a brief discussion, Councilman Wahl withdrew his second of the motion. Councilman Losleben withdrew the motion. The Council acknowledged receipt of the Police Department monthly reports for April and May, 1974. The Council acknowledged receipt of the June 25 Planning Commission minutes. Administrator Johnson pointed out that although the Planning Commission recommended approving the vacation of Wachtler Avenue between Valley Curve Road and Hilltop Road, it will be necessary to hold a public hearing prior to a decision. Councilman Gutzmer moved that the Administrator and Attorney be directed to prepare the necessary notices and fulfill publication requirements and recommend to the Council a hearing date. Councilman Wahl seconded the motion. n CASE NO. 73-12, Page 395 July 2, 1974 Mr. Richard Humpal, 599 Callahan Place, was present to request r a variance to construct a two-car garage and a fifteen foot variance from the rear-yard setback requirement. Mr. Nicholas Cheesebrow, 594 W. Marie Avenue, Mr. Humpal's neighbor, objected to the fifteen foot variance because the garage would be too close to his home. Building Inspector Bjorklund indicated that a variance from the Building Code Would also have to be granted for the square footage of the garage. Acting Mayor Lockwood moved that the matter be tabled to July 16 and that the staff be directed to contact the two abutting property owners regarding the variance. Councilman Gutzmer seconded the motion. Ayes: 4 Nays: 0 CASE NO. 74-13, Mr. Casper Capser, 569 Kirchner Avenue, was present to request CAPSER an eight foot variance from the sideyard setback requirement to construct a garage. Councilman Gutzmer moved that an eight-foot sideyard setback variance be granted. Councilman Losleben seconded the motion. Ayes: 4 Nays: 0 CASE NO. 74-14, Mrs. Stewart Anderson was present to request assurance that the HI-TEMPO total Hi-Tempo ski-shop/garden furniture sales operation would _ be a permitted use on the property directly east of Swenson's Carriage House (in a B-2 District). Mrs. Anderson presented and explained proposed plans for the building. Administrator Johnson stated that B-2 Zoning restrictions allow sporting goods outlets but not outdoor sales. He pointed out that Hi-Tempo is planning to construct a patio area to display outdoor furniture but that it would be enclosed by translucent-type fencing. Councilman Losleben moved to concur with the Planning Commissio interpretation of the B-2 restrictions, allowing construction o the complete ski shop/garden furniture sales operation in a B-2 Zoning District. Councilman Wahl seconded the motion. Ayes: 4 Nays: 0 CASE NO. 74-15, KOEPKE Ayes: 4 Nays: 0 The Council briefly discussed Dr. Thomas Koepke's request and the Planning Commission's recommendation to amend the Zoning Ordinance to allow construction of an animal hospital in B-2 and B-3 Zoning Districts as a conditional use. Councilman Gutzmer moved that the Attorney be directed to prepare an amendment to the Zoning Ordinance to allow animal hospitals within B-2 and B-3 Districts as a conditional use. Acting Mayor Lockwood seconded the motion. Page 396 July 2, 1974 , CASE NO. 74-16, Administrator Johnson outlined the Planning Commission action BREAM (EAGLF on Mr. Bream's proposed plans for additional development of RIDGE) Eagle Ridge. Acting Mayor Lockwood moved concept approval of the preliminary development plans for Lot 1, Block 1, Eagle Ridge Plat 3 and Lot 1, Block 2, Eagle Ridge Plat 3. Councilman Wahl seconded the motion. Ayes: 4 Nays: 0 PARK AND RECREATION COMMISSION The Council acknowledged receipt of the June 19, 1974 Parks and Recreation Commission minutes. Administrator Johnson pointed out the reference made in the minutes to the Ivy Hills Park wherein the Commission requested that the City actively pursue acquisition of the land adjacent to Ivy Hills Park. Councilman Gutzmer suggested that any action on this matter be delayed until Mayor Huber is present. INLAND CONSTRUC- Mr. Al Stefani, of Inland Construction Company, presented TION COMPANY final plans for construction of Building 1 of the Inland Industrial Park. Building Inspector Bjorklund pointed out that break-off block would be used on only two sides and Mr. Stefani stated that they do not propose break-off block for the other sides, which would be the loading dock area. The Council pointed out that the Fire Department should be allowed to check the building and materials which will be stored there after the building is rented. Mr. Stefani stated that such a provision would be put in the tenant's lease. After a brief discussion, Acting Mayor Lockwood moved approval of the construction and landscaping plans for Building 1 of the Inland Industrial Park conditioned upon further approval from the Fire Department after tenancy. Councilman Losleben seconded the motion. Ayes: 4 Nays: 0 LAWCON Administrator Johnson explained a proposed preliminary APPLICATION LAWCON application which would serve as notification of intent to make application for a LAWCON grant in the amount of $68,850 for acquisition and development of park property. After a discussion of the matter, Councilman Losleben moved the approval of the preliminary LAWCON application. Councilman Wahl seconded the motion. Ayes: 3 Nays: 1 Gutzmer Councilman Gutzmer explained that he voted nay because he feels the distribution of monies for the construction of park sites is not spread equally throughout the community. MISCELLANEOUS Discussion of the Space Study proposals was tabled. The Council acknowledged receipt of the June, 1974 Engineering Status Report. The Council acknowledged receipt of a supplemental feasibility report for Orchard/Hunter Lane sewer and water improvements. Page 397 July 2, 1974 LIST OF CLAIMS Acting Mayor Lockwood moved the Council to adopt the following motion: Ayes: 4 Nays: 0 LICENSES Ayes: 4 Nays: 0 MISCELLANEOUS Ayes: 4 Nays: 0 ADJOURN Ayes: 4 Nays: 0 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 2, 1974, having been audited by the City Council, be and are hereby allowed and the Acting Mayor and Clerk-Treasurer are hereby authorized and directed to issue City checks in payment of said claims. Councilman Wahl seconded the motion. Councilman Wahl moved the approval of the list of licenses, granting licenses to: Sussel Company Boemer Building Systems, Inc. E.L. Bulach Construction Company, Inc. Anderson Drywall, Inc. Erickson Plumbing and Heating, Inc. Katz Plumbing and Heating Company, Inc. National Installers Harris Mechanical Contracting Company Berghorst Plumbing and Heating Katz Plumbing and Heating Company, Inc. Olson Plumbing A.C. Doyle Plumbing and Heating General Contractor License General Contractor License Concrete and Masonry License Plaster Contractor License Excavating License Heating License Plumbing License Plumbing License Plumbing License Plumbing License Plumbing License Plumbing License Councilman Losleben seconded the motion. Councilman Wahl moved that a letter of commendation be sent to Mrs. Dorothy Hughes and the Park Dedication Committee for their work on the Park-A-Rama. Councilman Gutzmer seconded the motion. There being no further business to come before the Council, Councilman Losleben moved that the meeting be adjourned. Councilman Gutzmer seconded the motion. TIME OF ADJOURNMENT: 12:4 A. M. abaugh, C1er reasurer Robert G. Lockwood Acting Mayor