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1982-06-01 Council minutesdPage 1659 June 1, 1982 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of ' the Regular Meeting Held Tuesday, June 1, 1982 Pursuant to.due'call and notice thereof, the regular meeting of the.City Council, City.of Mendota Heightswas held,at 7:30 O'clock P.M: at City-Hall, 750.South-Plaza Drive, Mendota Heights, Minnesota. Mayor Lockwood called the meeting to.order at 7*:30 o'clock P.M. The following members were present: Mayor Lockwood, Council Members Hartmann, Losleben, Mertensotto and Witt.. APPROVAL OF Councilwoman Witt moved approval of the minutes of the MINUTES May 4th meeting. Councilman Losleben seconded the motion. Ayes: 5 Nays: 0 Councilman Hartmann moved approval of the.minut6s of the May llth. meeting. Councilwoman Witt seconded the motion. Ayes: 5 Nays: 0 Councilman Losleben moved approval of the minutes of the May 18th.meeting. Councilwoman Witt seconded the motion. Ayes: 5 Nays: 0 CONSENT CALENDAR Councilman Hartmann moved approval of ' the consent calendar as submitted and recommended for approval as part of the regular agenda, along with.authorization for execution of all necessary documents contained therein. 1. Approval of the List of Claims dated June .1, 1982 and . totalling $74,553.77. 2. The appointment of James F. Kilburg to the Volunteer Fire Department.. 3. Acknowledgement of the minutes of ' the May 25th Planning Commission meeting and the Code Enforcement monthly report for May. 4. Acknowledgement of a letter from Senator Rudy Boschwitz regarding funding for I-35E. 5. Acknowledgement of a letter of appreciation from the Mend-Eagan Athletic Association for 1981-82 rink flooding and maintenance. 6. Approval of the list of licenses, granting licenses to: Advent Custom Homes General Contractor License Dan Anderson Construction General Contractor License Page 1660 June 1, 1982 Loeffel-Engstrand Company Midwest Fence & Mfg. Co. Peterson Maintenance Corporation Al Sieben Construction Churchill's Home Heating and Cooling Churchill's Home Heating and Cooling Eagan Excavating Company Husting & Engstrom, Inc. General Contractor License General Contractor License General Contractor License General Contractor License Heating and Air Conditioning License Gas Piping License Excavating License Excavating License Councilwoman Witt seconded the motion. Ayes: 5 Nays: 0 CASE NO. 82 D7,, Mayor Lockwood noted that the Planning Commission had recommended BALLARD denial of Dr. Patrick Ballard's application for variance to allow a 312 by 2 foot sign to be attached to the Dakota County State Bank directional sign located at the west parking lot entrance. Dr. Ballard, present for the discussion, expressed his agreement with the Commission determination and stated that he would rather that the bank install a sign on the front of the structure. He indicated that Dick Stryker is checking for tennant interest in such a sign and that after he receives a report from Mr. Stryker he will reapply for variance. Councilman Mertensotto moved to continue the discussion on Case No. 82707 to a future meeting to permit the applicant to file an amended variance application when an alternative proposal has been prepared. Councilman Hartmann seconded theomotion. Ayes: 5 Nays:O CASE NO. 82-08, Administrator Johnson explained the application for the Council, MURPHY (PAR 3 advising that a conflict in Mr. Murphy's schedule does not allow GOLF, INC.) his attendance at the meeting. Mr. Johnson stated that Par 3 Golf proposes to place 135 cubic yards of fill material in a portion.of the 6th-hole pond. Public Works Director Danielson advised that the pond is currently being used as a settling pond but could possibly.be developed as a detention pond at such time as the area develops. After discussion, Mayor Lockwood moved that the wetlands permit hearing be waived and that the permit be granted conditioned upon submission of a filling plan which meets the Public Works Director's approval and subject to the condition that the City may requite removal of the fill at some future time should the pond be needed for storm water retention. Councilwoman Witt seconded the motion. Ayes: 5 Nays: 0 CASE NO. 82-09, Mr. John:Severson was present to request approval of a front SEVERSON yard setback variance to allow construction of a garage addition at 717 Pontiac Place. Mr. Severson advised the Council that he is aware.of the established policy which limits front yard setback variances in Friendly Hills to 10 feet. He advised the Council that he is requesting an eleven foot variance at the Page No. 1661 June 1, 1982 southwesterly corner of the garage addition and eight foot variance at the northeasterly corner. He advised that the additional foot on the southwest corner would provide for better remodeling of part of the existing attached garage into a family room. He further advised that the variance would create no problem for off-street parking. After discussion, Councilman Mertensotto moved approval of the front yard variance application, granting a variance of 11 feet from the 30 foot front yard setback requirement rement at the southwesterly corner of the proposed garage addition and 8 feet at the northeasterly corner, to allow construction of the addition 19 feet from the southwesterly front property line and 22 feet from the northeasterly front property line. Councilman Losleben seconded the motion. Ayes:5 Nays: 0 CABLE COMMISSION The Council acknowledged receipt of the Northern Dakota County Cable Communications Commission June 2nd agenda and Minutes of May 19th and May 25th commission and executive committee meetings. MISCELLANEOUS Administrator Johnson advised the Council that County Commissioner Voss was ill and would not be present for the meeting. MULVIHILL DRIVEWAY The Council acknowledged and discussed a memo and proposed REQUEST developers agreement relative to a request from Mr. Art Mulvihill for permission to construct a temporary private driveway on Victory .Avenue 'right-of-way from Pilot Knob Road approximately 500 feet easterly. Mr. Mulvihill, present.for the discussion, stated that the proposed driveway will provide his only access to his property, 2183 T.H. 55, after Mn/DOT taking of his existing access to T.H. 55. After discussion, Mayor Lockwood moved to grant approval of the request, approving construction.and private maintenance of a temporary driveway on Victory Avenue right-of-way, pursuant to a developers agreement.prepared by the Public Works Director, conditioned upon approval of the agreement by the City Attorney. Councilwoman Witt seconded the motion. Ayes: 5 Nays: 0 COMMUNICATIONS The Council acknowledged a letter from the Dakota County Traffic Engineer advising that four way stop signs are not warranted at Victoria Avenue /Marie Avenue'and.that the City's request for speed limit reduction on Marie Avenue has been referred to the Mn/DOT. The Council directed that a copy of the letter be forwarded to Mrs. Janet Bleseneri. FIRE STATION Administrator Johnson reviewed his memo relative to selection ARCHITECT SELECTION of an architect for the fire facility. It was the concensus of the Council that all eight candidates included in the memo be advised of the several parameters, such as size of structure and estimated budget, and be requested to submit proposals. Page No. 1662 June 1, 1982 TRAIL FUNDING Councilwoman Witt moved the adoption of Resolution No. 82-50, "RESOLUTION REQUESTING COUNTY TRAIL FUNDING," relative to Dakota County participation in the construction of the Marie Avenue trail. Councilman Hartmann seconded the motion. Ayes: 5 Nays: 0 CIVIL DEFENSE The Council acknowledged and discussed a memo from County Civil Defense Director Dale Grimes relative to procedures for activating the civil defense sirens. It was the concensus of the Council that the Dakota County Siren Activation Procedures be adopted as presented in the memo and that copies of a flyer describing the procedures be distributed to all homeowners via the newsletter and other appropriate means. MISCELLANEOUS Administrator Johnson advised the Council that Public Works Department time has been committed to assisting the Mend-Eagan Athletic Association in the renovation of a ballfield at St. Peter's Church. MISCELLANEOUS Administrator Johnson advised the Council that he has been contacted by the Dakota County H.R.A. relative to an application for sanitary and storm sewer facility construction for the City of Mendota. He advised that the HRA has stated that it would like to be able to indicate in the application that Mendoa Heights would consider maintaining a lift station and process sewer billings for Mendota. The Council expressed its desire to cooperate in the process, under a negotiated contract similar to contracts with the City of Lilydale. JUNK CARS The Council requested current information on the tagging of junk cars. VAN LANDSCHOOT City Attorney Winthrop distributed and discussed a memo LITIGATION relative to the opinion handed down in the Van Landschoot case. It was the concensus of the Council that the memo should be studied and digested and that a determination on appeal be made some time during the next 60 days. MISCELLANEOUS The Council acknowledged receipt of the Engineering Status Report for May. LIQUOR ORDINANCE The Council acknowledged and discussed a memo from the City Clerk relative to questions needing resolution before final preparation of an on-sale liquor ordinance. A concensus was reached on all items except size and seating requirements, and the Clerk was directed to research requirements of other communities. ELECTRONIC GAMES The City Clerk was directed to research and report on how surrounding communities address electronic games. Page No. 1663 June 1, 1982 BOARD OF REVIEW The City Clerk reminded the Council that the annual Board of Review is scheduled for 7:30 P.M. on Wednesday, June 9th. STOP SIGN The City Clerk advised the Council that the recodification of ORDINANCE ordinances resulted in two inconsistencies in the stop and yield intersection ordinance and recommended adoption of a corrected ordinance. Councilman Mertensotto moved the adoption of Ordinance No. 197, "AN ORDINANCE AMENDING ORDINANCE NO. 1113", to replace the existing codified ordinance No. 1113, "AN ORDINANCE ESTABLISHING STOP AND YIELD INTERSECTIONS WITHIN THE CITY.OF MENDOTA HEIGHTS". Councilman Hartmann seconded the motion. Ayes: 5 Nays: 0 ADJOURN There being no further.business to come before the Council, Councilman Hartmann moved that the meeting be adjourned. Councilwoman Witt seconded the motion. Ayes: 5 Nays: 0 TIME OF ADJOURNMENT: 11:25 o'clock P.M. Xathleen M. Swanson City Clerk &4�/& Y Robert G. Lockwood Mayor