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1979-05-01 Council minutesPage 1074 May 1, 1979 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, May 1, 1979 PurSuant to due call and notice thereof, the regular meeting of the City Council, City of Mendota Heights, was held at 7:30 o'clock P.M. at the 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 and Witt. Councilman Mertensotto had notified the Council that he would be late. PLANNING The Council acknowledged receipt of the April 24th Planning COMMISSION Commission meeting minutes and discussed the proposed Comprehensive Plan meeting schedule. It was the concensus that the schedule dates should be spread through July, unless the Planner feels that the proposed timing is not too ambitious. It was suggested that the Advisory Committee meeting be postponed to May 22 to allow for proper notification to the members of the committee. VALLEY VIEW OAKS Mr. Wayne Tauer, from Suburban Engineering and representing Dr. Leo Culligan and the Culligan family, presented the proposed preliminary plat for the Valley View Oaks Addition. He explained that shortly after the original preliminary plat was approved in 1976 the Metro Council imposed interim steep slope development regulations which would not allow development of 18% or greater slopes. He advised that the interim regulations delayed platting since that time and that he and the Culligans have been working with the Metro Council. The Council recently decided that, with approval of the local governments, a restriction on development of 40% slopes would be more reasonablE Subsequently, the Culligans have prepared the current proposal which involves current platting of a portion of the land, Lots 1-7, Block 1 and Lots 12 and 17, Block 2, for single family residences. At a future date they plan to propose a preliminary plat, Valley View Oaks Second Addition, for development of the balance of the area as a P.U.D. He reviewed the combined preliminary plat, including drainage proposals, and asked for approval of the preliminary plat for Valley View Oaks First Addition, and concept approval of the Second Addition. Councilman Mertensotto arrived at 7:52 o'clock P.M. Mr. Tauer advised that when the second addition preliminary plat is brought in for discussion, special approval will be requested for Lot 10, Block 2, to extend a 20 foot easement as access to the lot. He also advised that Mr. Ted Van has requested a utility easement to his property, between Lots 4 and 5. As part of the discussion, the Council received comments from two residents from Mendota, Paul Oster and Bob Bruestle, who expressed concern over drainage. Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 CASE NO. 79-06, MONTGOMERY Ayes: 5 Nays: 0 CASE NO. 79-07, ROYAL REDEEMER CASE NO. 79-08, STROB EL Ayes: 5 Nays: 0 Page 1075 May 1, 1979 As the result of the discussion, Mayor Lockwood moved approval of the preliminary plat for the Valley View Oaks First Addition, which is comprised of Lots 1 through 7, Block 1 and Lots 12 and 17, Block 2, as indicated on the plan presented on May 1, 1979, subject to change of name of the proposed Valley View Curve to Culligan Lane. Councilwoman Witt seconded the motion. The Council acho wledged a petition for improvements to serve the Valley View Oaks Additions. In view of the interest expressed by the Mendota representatives, action on the petition was deferred to May 15th. The Council directed staff to transmit the proposed plat to the City of Mendota, requesting that any comments or objections on drainage be submitted to the City Council prior to May 15th. Councilman Mertensotto moved approval in concept of the balance of the single family development to be known as Valley View Oaks Second Addition. Councilman Hartmann seconded the motion. The Administrator was directed to work out details on the engineering escrow and park contribution requirements with the developers. Mr. George Montgomery was present to request approval of the preliminary plat for the division of his land located at the southwest corner of Delaware Avenue and Huber Drive, into five lots. Mr. Montgomery also requested that the sewer stubs be provided for the lots. Councilman Losleben moved approval of the preliminary plat as proposed. Councilman Hartmann seconded the motion. The Council directed the Administrator to determine an appropriate park contribution as part of the developer's agreement. The Council was advised that representatives of Royal Redeemer have requested that discussion on their conditional use perMit application be delayed. The matter was therefore tabled to May 15th. The Council reviewed the Planning Commission action and the Planning report on the proposed variance. The Council also acknowledged and briefly discussed a letter from Mr. James Neuharth in objection to the variance. Councilman Mertensotto moved that, in light of the neighbors objection, and in view of the lack of hardship, discussion on the matter be continued until such time as the two parties can agree to a workable solution. Councilman Hartmann seconded the motion. CASE NO. 79-09, CARLSON Page 1076 May 1, 1979 The Council discussed an application from Jeffrey Carlson for the division of Lot 1, Block 1, Mendota Heights Industrial Park. Mr. Carlson proposes to construct a structure to house his business, Viking plastic Packaging Company, on the westerly lot. Councilman Losleben moved approval of the division of Lot 1, Block 1, Mendota Heights Industrial Park as proposed, subject to receipt of a park contribution to be determined by the City Administrator. ( Councilwoman Witt seconded the motion. Ayes: 5 Nays: 0 COMMISSION The Council discussed appointment to the Planning Commission APPOINTMENTS vacancy. Mayor Lockwood advised that he has been in contact with each of the candidates. Ayes: 5 Nays: 0 After brief discussion, Mayor Lockwood moved that Mrs. Sandra Butler be appointed to the Planning Commission to complete the unexpired term of Mrs. Kathy Ridder. Councilman Mertensotto seconded the motion. The Council directed that letters of appreciation be sent to the other candidates and that their names be kept on file for consideration when new Commission vacancies occur. PARK AND RECREATION The Council acknowledged receipt of the Minutes of the COMMISSION March 27th Park and Recreation ComMission meeting. COMMUNICATIONS MAUSOLEUM Ayes: 5 Nays: 0 The Council acknowledged and briefly discussed a letter from Mr. Joseph O'Neill, Lilydale City Attorney, regarding a meeting on drainage to be held on May 10th. The Council continued its authorization for Councilman Mertensotto to act as its representative in Lilydale drainage meetings and discussions. Mr. Tom Sweeney, representative for Resurrection Cemetery, was present to request a conditional use permit extension for construction of a mausoleum. The Council also discussed an assoc iated memo from Planner Dahlgren. Mr. Sweeney stated that, in a-cordance with Mr. Dahlgren's recommendation, the structure will face southwest. The plan will basically be the same as the original except that it is planned to construct the structure in two phases. Phase I, which will consist of 1796 crypts, will commence construction in June. After brief discussion, Councilman Losleben moved to extend the conditional use permit construction completion deadline to October 4, 1980, construction to be in accordance with plans dated April 21, 1979, and to be completed in phases as requested. Councilwoman Witt seconded the motion. COMMUNICATIONS Page 1077 May 1, 1979 The Council acknowledged receipt of a letter from Marion Stein, 622 Ivy Falls Avenue, in reference to a home being constructed at the corner of Dodd Road and Ivy Falls Avenue. Mr. & Mrs. Stein were present at the meeting and expressed their objection to the design and location of the house. They stated that they object to the house being so close to their adjoining lot line. Building Inspector Bjorklund stated that when the first contractor surveyed the lot and staked for the house he advised the Inspector it would be 12 feet from the west line. Since that time another contractor took over the construction and the structure is now 811'.1" from the line. The Stein's suggested that the structure be jacked up and moved 20 feet. Mr. John Omarzu, owner of the home, advised the Council of the history of the project, stating that the first contractor, Birdsall Construction, went bankrupt shortly after starting construction. He then entered into a contract with the present contractor. He stated that he too is disappointed with the elevation of the house and its proximity to the lot line, but noted that he did not have a re-survey between contractors, and that he could not afford the cost of moving the structure. It was noted that the Building Inspector has tagged the building and stopped construction except for securing of the building to prevent hazards. Acting City Attorney Steve Tourek stated that he is not aware that any request for variance has been made, so no action can be taken with regard to a variance. He advised that it would be advisable for Mr. Omarzu to see what legal recourse he might have against the builder, excavator, etc. The Council acknowledged the problem, but took no action on the matter. RECESS Mayor Lockwood called a recess at 10:05 o'clock P.M. The meeting reconvened at 10:15 P.M. ROGERS LAKE LEVEL The Council acknowledged a letter from the Wagon Wheel Trail Association supporting any future Council action to raise Rogers Lake level to 873.0. Councilwoman Witt advised that at -Li latest Park and Recreation Commission meeting, the Commission discussed the matter and was advised that there is no agreement amongst property owners around the lake about the proper lake level. The Council took no action on the matter. MISCELLANEOUS PERSONNEL CODE Ayes: 5 Nays: 0 The Council acknowledged receipt of a memo from the State Planning Agency regarding the Historic Fort Snelling Master Development plan. After a brief discussion, Councilman Losleben moved adoption Of Resolution No. 79-49, "RESOLUTION ESTABLISHING A PERSONNEL CODE FOR EMPLOYEES OF THE CITY OF MENDOTA HEIGHTS." Councilwoman Witt seconded the motion. OFFICE HOURS Page 1078 May 1, 1979 Administrator Johnson reviewed his memo regarding a proposed change in office hours from 8:00 to 5:00 to the proposed 8:00 to 4:30. The Council directed that more information be presented in two weeks. MILEAGE The Council acknowledged and discussed a memo on a proposed ALLOWANCE increase in the mileage allowance from 15 per mile to 20 per mile. They also discussed a request for mileage allowance increase from $75 per month to $90 per month for Police Chief Thul. Ayes: 5 Nays: 0 PERSONNEL Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 CLEMENT STREET VACATION REQUEST BUILDING PERMIT After discussion, Councilman Losleben moved that the mileage allowance be increased to 17 per mile, effective May 1, 1979. Councilman Hartmann seconded the motion. The Council concurred that no action be taken on Chief Thul's increase request until more information and input is received and discussed. The Council acknowledged a memo from Administrator Johnson advising that Richard Ploumen has satisfactorily completed his six-month probationary period as Public Works Supervisor. Mayor Lockwood moved that Richard J. Ploumen be given permanent employment status as Public Works Supervisor. Councilman Losleben seconded the motion. On the recommendation of Administrator Johnson, Councilwoman Witi moved that Kristi Johnson, having satisfactorily completed her six month probationary period as Clerk-Typist, be given permanent employment status, at a salary of $669 per month, eff- ective May 14, 1979. Councilman Hartmann seconded the motion. The Council acknowledged and discussed a memo from Planner Dahlgren advising against the requested vacation of a portion of Clement Street. Mr. Roger Yackel, who was present, stated that he had requested the vacation in order to provide additional land area to allow the division of property he owns on Clement Street adjacent to the park. The Council concurred with the Planner's recommendation on the vacation. Mr. Yackel was advised to present a new plan for the division of his property and make application for variance. The Council acknowledged a memo from Planner Dahlgren relative to a request from St. Thomas Academy for construction of an 8,000 square foot addition to their facility. Ayes: 5 Nays: 0 CRITICAL AREA OVERLAY SPEED STUDY Ayes: 5 Nays: 0 Page 1079 May 1, 1979 After a brief discussion and on the recommendation of the Building Inspector, Mayor Lockwood moved approval of a building permit for the proposed St. Thomas Academy middle school addition, subject to final approval by staff. Councilman Mertensotto seconded the motion. The Council directed that the City Planner present and review the proposed critical area overlay ordinance at some future date. Councilwoman Witt moved the adoption of Resolution No. 79-50, "RESOLUTION REQUESTING SPEED STUDY ON T.H. 110 FRONTAGE ROAD." Mayor Lockwood seconded the motion. DISPATCHING On the recommendation of the City Administrator, Councilman AGREEMENT Losleben moved approval of an amendment to the dispatching agreement with the City of West St. Paul and authorization for the Mayor and Administrator to execute said agreement. Councilwoman Witt seconded the motion. Ayes: 5 Nays: 0 PERSONNEL Ayes: 5 Nays: 0 MISCELLANEOUS HIGHWAYS On the recommendation of the Police Chief, Mayor Lockwood moved that Mrs. Carol Bakka be appointed part-time Police Clerk. Councilman Mertensotto seconded the motion. Administrator Johnson advised the Council that he has spoken to Duncan Baird of Sunfish Lake and was told that the Sunfish Lake officials would agree to meet with our Council but that they asked for more information prior to the meeting. The Council directed Administrator Johnson to formally request a meeting at which Mendota Heights officials can be apprised of the Sunfish Lake basis for objection on 1-494 and at which Mendota Heights officials can state their position on 1-494, and so that both groups can air their differences. The Council acknowledged and discussed a memo from Planner Dahlgren on an 1-494 temporary opening to T.H. 55. Administrato2 Johnson noted that Mr. Dahlgren strenuously objected to the D.O.T. study statement that the interchange at Pilot Knob Road will not be open during the interim period before 1-494 is complete to South St. Paul. The Council unanimously concurred with the Planner's comments. The Council directed that copies of the Planner's memo be submitted to Eagan, Mn/DOT and Dakota County, along with notification that the Council concurs with his assessment of the situation and urging early opening of 1-494. LIST OF CLAIMS Ayes: 5 Nays: 0 LICENSES Ayes: 5 Nays: 0 Page 1080 May 1, 1.97, Councilman Losleben moved approval of the List of Claims dated May 1, 1979. Councilman Hartmann seconded the motion. Councilman Hartmann moved approval of the list of licenses, granting licenses to: Quimby Company Leibfried Construction GSN Service Corporation Twins Realty General Contractor License General Contractor License General Contractor License General Contractor License Councilman Losleben seconded the motion. 3.2 BEER LICENSES Mayor Lockwood moved that the following 3.2 non-intoxicating malt liquor licenses be granted: Ayes: 5 Nays: 0 LICENSES Ayes: 5 Nays: 0 ADJOURN Ayes: 5 Nays: 0 ATTEST: Par 3 Golf, Inc. Mendota Heights Country Boy Country Club Markets Snyders Drug Stores, Inc. On-sale Off-sale Off-sale Off-sale Councilman Hartmann seconded the motion. Mayor Lockwood moved that Plumbing and heating/air conditioning licenses be granted to Hogland Mechanical Contractors, Inc. Councilman Losleben seconded the motion. There being no further business to come before the Council, Councilman Losleben moved that the meeting be adjourned. Councilman Hartmann seconded the motion. TIME OF ADJOURNMENT: 11:21 o'clock P.M. Robert G. Lockwood Mayor Cathleen M. Swanson City Clerk