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1980-05-20 Council minutesPage 1265 May 20, 1980 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, May 20, 1980 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 City Hall, 750 South Plaza Drive, Mendota Heights, Minnesota. Mayor Lockwood called the meeting to order at 8:00 o'clock P.M. The following members were present: Mayor Lockwood, Councilmen Losleben, Mertensotto and Councilwoman Witt. Councilman Hartmann had notified the Council that he would be out of town. CONDITIONAL The Council acknowledged memos from the Code Enforcement Officer USE PERMIT and City Clerk regarding an application for conditional use permit from Somerset Country Club for construction of a Pro Shop to be located on the Country Club grounds. It was noted that the structure exceeds the 144 square foot ordinance maximum and a conditional use permit would be required. Mr. George Rossback, from Joseph E. Johnson and Sons, contractor for the structure, stated that the conditional use permit would allow construction of the structure to replace the building which had been located in the area proposed for the new building. He noted that the old structure had been moved pending construction of the new pro shop. The Council noted that since a similar structure had been located on the site in the past and since the new structure would have no visual or aesthetic impact on adjacent properties, the public hearing requirements would seem to serve no purpose. Councilman Mertensotto moved to waive the Planning Commission and Council hearing requirements as such hearings would not serve any useful purpose. Councilman Losleben seconded the motion. Ayes: 4 Nays: 0 Ayes: 4 Nays: 0 FENCE VIOLATION Councilman Losleben moved to approve the conditional use permit to allow construction of an 18 by 36 foot pro shop and covered patio on the Somerset Country Club property. Councilwoman Witt seconded the motion. The Council acknowledged a memo from the Code Enforcement Officer regarding a fence recently installed at 1061 William Court. It was noted that the fence was installed without the required building permit, that it is located on City right-of-way, and that the height violates City Zoning Ordinance requirements. Page 1266 May 20, 1980 Councilman Mertensotto stated that he does not believe the Council could justify allowing the fence to remain unless the property owner can show proof of an extreme hardship. He indicated that he felt the fence must be placed on private property and not be allowed to remain on City property, indicating the several problems involved with snow plowing and other City maintenance. Mr. Richard Arnold, owner of the property, was present and stated that he would give the City a hold-harmless agreement to release the City from any costs which might result from damage to the fence during snow-plowing. He acknowledged that he had been advised by the Code Enforcement Officer of the,.need for a permit, but because people were available to assist him in installing the fence he installed it without prior permit acquisition. He stated that he had measured the distance of eleven feet from the pavement and assumed the fence would be on his property. Councilman Mertensotto stated that he does not feel the Council would want to set a precedent by allowing the structure to remain. He further stated that the City requires the acquisition of permits to prevent this type of mistake from happening. Mr. Arnold stated that the only way it was economically feasible to install the fence was to install it when the help was available. He further stated that he had submitted letters of approval from his neighbors indicating that the fence looks good and that they do not object to.it. Councilman Losleben felt that the neighbor approvals do not constitute substantial justification for Council approval. He •noted that the fence would look as good if it were placed in its proper location. He also noted that a hold-harmless agreement would serve no purpose if Mr. Arnold should some day sell the property. In response to Council questions, Code Enforcement Officer Berg reviewed the information he had given to Mr. Arnold. He explained hbw the,fence was determined to be on City property and also stated that he believes a fire hydrant is also located inside the fence. City Engineer Kishel verified that he has reviewed the plan and that the fence is in fact located on City property. The Council acknowledged that the fence height violates the ordinance requirements, and Councilman Mertensotto read a portion of Ordinance 1109 indicating that, as it currently exists, the fence also constitutes a misdemeanor and the City has the rijht to cause it to be removed and assess the property owner for the associated costs. He stated that he does not know how the City Council could approve a fence that violates fence height restrictions, site ob6truction restrictions, and is located on City property. After considerable discussion, Mayor Lockwood moved that the City Council direct the property owner to remove the fence within 45 days, and if he wishes to reinstall the fence, that it be located in the proper location and at the proper height.. Councilman Mertensotto seconded the motion. Page 1267 May 20, 1980 DEPARTMENT The Council acknowledged receipt of the Police and Fire Department REPORTS monthly reports for April. COMMUNICATIONS The Council acknowledged a letter from Bob Ryan regarding a recent MC/MAC meeting. There was some discussion regarding use of the Planner's time at the MC/MAC meetings, and the Administrator was directed to monitor the use of planning time and reduce such use if expenses become excessive. The Council acknowledged receipt of the League of Minnesota Cities Legislative Policies proposal. CHANGE ORDER Mr. Joe Dotty, from August Construction Company, was present to support a proposed change order to the contract for Delaware Crossing improvements. He acknowledged that approval of the change order will increase assessments for properties within the plat. After a brief discussion, Councilwoman Witt moved to approve Change Order No. 1, for Improvement No. 77, Project No. 10, in the amount of $13,500. Mayor Lockwood seconded the motion. Ayes: 4 Nays: 0 SENIOR CITIZEN Mayor Lockwood briefly reviewed the Metropolitan Council meeting HOUSING and d"iscussion on the Mendota •Heights senior citizen housing application. CRITICAL AREA City Administrator Johnson briefly reviewed some changes made in ORDINANCE the original draft of the proposed critical area ordinance. After discussion, Councilman Losleben moved the adoption of Ordinance No. 403, "Critical Area District Overlay Ordinance." Councilwoman Witt seconded the motion. Ayes: 4 Nays: 0 CAPITOL City Treasurer Shaughnessy was present to review his financial IMPROVEMENT data relative to cost and tax impact in connection with the PROGRAM proposed Capitol Improvements Program. After discussion, staff was directed to prepare a list of priorities for a five-year Capitol Improvements Program for discussion at the June 3rd meeting. IVY FALLS CREEK The City Council acknowledged and discussed a memo from the City IMPROVEMENTS Administrator regarding storm sewer assessments in connection with the Ivy Falls Creek improvement project. City Engineer Kishel reviewed the project costs for the Council. He advised that approximately 50% of the run-off water contributed to the area comes from West St. Paul, and recommended that the associated percentage of project costs be carried on general obligation. He also stated that as the result of a staff discussion on the distribution of costs, it is recommended that a two-step rate be applied. He recommended that those properties within 150 feet of the center-line of the creek be assessed at the rate of 10(t per square foot and those properties outside of 150 feet be assessed at the rate of 2(t per square foot. Page 1268 May 20, 1980 The Council discussed the matter briefly. Councilman Mertensotto objected to the large amount recommended for general obligation. Councilman Losleben objected to the proposed two-step rate. As the result of the discussion, the Council directed that a meeting be held on May 27th and that a history of the project be available for discussion that evening. WATER The Council acknowledged a memo from Public Works Director CONNECTION Danielson regarding a request for water hook-up to service a property located on Delaware Avenue in West St. Paul. As the result of •the discussion, staff was directed to research past policy on outside utility connections and report to the Council on June 3rd. DEPARTMENT The Council acknowledged receipt of the Public Works Director's REPORTS monthly report for April and the Treasurer's report for April. IMPREST CASH The Council acknowledged receipt of a memo and proposed FUND resolution from the City Clerk recommending adoption of an. Imprest Cash Fund. Mayor Lockwood moved the adoption of Resolution No. 80-40, "RESOLUTION ESTABLISHING IMPREST CASH FUND," establishing a $200 fund balance. Councilwoman. Witt seconded the motion. Ayes: 4 Nays: 0 MISCELLANEOUS City Attorney Winthrop advised the Council that he has had correspondence from Sunfish Lake regarding the request for an extension of the City sewer and water to serve properties located in Sunfish Lake. Discussion on the matter was tabled to June 3rd. EASEMENT City Attorney Winthrop advised the Council that several years ago, when the Willow Springs project was constructed, the City began negotiating for a 15 foot permanent utility easement with Mr. & Mrs. Dwight Witt, 605 W. Marie Avenue. He stated that the property owners allowed the City to install a sewer line across their property pending settlement of the negotiation, however, the negotiation was never completed. He recommended that the City authorize acquisition of the easement at a compensation of $300. After discussion, Mayor. Lockwood moved the adoption of Resolution No. 80-41, "RESOLUTION AUTHORIZING PURCHASE OF WITT EASEMENT." Councilman Mertensotto seconded the motion. Ayes: 3 Nays: 0 Abstain: Witt MISCELLANEOUS City Attorney Winthrop advised the Council that a relative of a member of his firm is involved in litigation with the City as the result of a traffic violation, and recommended that the Council appoint an Attorney from outside of his office to handle the City prosecution in the matter. Ayes: 4 Nays: 0 ROLLING GREEN Ayes: 4 Nays: 0 ASSESSMENT APPEAL FIRE FACILITIES LIST OF CLAIMS Ayes: 4 Nays: 0 LICENSES Ayes: 4 Nays: 0 Page 1269 May 20, 1980 Mayor Lockwood moved that Mr. Richard Leonard be appointed to serve as City prosecutor in the Tourek traffic violation case. Councilman Mertensotto seconded the motion. City Attorney Winthrop advised the Council that time did not allow publication of the hearing notice for the Rolling Green assessment hearing to be held on June 3rd. He recommended that the Council establish a new hearing date. ar,-5 Councilman Losleben moved amTaffen-dmeent to Resolution No. 80-38 to establish aHhearing date of June 17th for tonSi.deration of the proposed assessment roll for Rolling Green improvements. Councilwoman'Witt seconded the motion. Attorney Winthrop advised the Council that Sports Power, Inc. has submitted an appeal against Water System Improvement assess- ments based on the position that water is not currently available to the site. He recommended that the Council consider resolving the appeal by deferring the making of the assessment amounts until such time as water is available to the site The Council concurred in the recommendation and directed the City Attorney to negotiate a settlement on that basis. The Council acknowledged receipt of the minutes of the May 19th Fire Facilities Committee meeting. Councilman Losleben moved approval of the list of claims totalling $155,126.16. Councilwoman Witt seconded the motion. Councilman Losleben moved approval of the list of licenses, granting licenses to: SapletaI Construction K.J. Johnson Construction A.A. Rubbish Service, Inc. Suburban Heating Company Ray N. Welter Heating Co. Suburban Heating Company Twin City Furnace Company Northland Concrete & Masonry Mayor Lockwood seconded the motion. General Contractor License General Contractor License Rubbish Hauling License Heating & Air Conditioning Lic. Heating & Air Conditioning Lic. Gas Installation License Gas .Installation License Gas Installation License ADJOURN Ayes: 4 Nays: 0 ATTEST: Page 1270 May 20, 1980 There being no further business to come before the Council, Mayor Lockwood moved that the meeting be adjourned .to 7:30 P.M. May 27th.. , - CoUncilman Losleben seconded the motion. TIME OF ADJOURNMENT: 11:56 o'clock P.M. Robert 0 Lockwood Mayor K -hleen M. Swanson City Clerk