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1977-10-04 Council minutesPage 887 October 4, 1977 CITY OF MENDOTA HEIGHTS • DAKOTA COUNTY STATE OF MINNESOTA. Minutes of the Regular Meeting Held Tuesday, October 4, 1977 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 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, Councilmen Losieben, Mertensotto and Wahl. Clerk Radabaugh noted that Councilman Schaberg would be late. APPROVAL OF MINUTES Councilman Losieben moved approval of the minutes of the September 20 meeting with corrections. Councilman Wahl seconded the motion. Ayes: 4 Nays: 0 Ayes: 4 Nays: 0 Councilman Wahl moved approval of the minutes of the September 26 meeting. Mayor Lockwood seconded the motion. Councilman Schaberg arrived at 7:40 o'clock P.M. FINAL PLAT, Mr. Harold Nielsen was present to request final plat approval SNELLING VIEW for the Snelling View Replat. Administrator Johnson gave a REPLAT brief history of the platting, including the delays because of review by the Metropolitan Council since the plat is within the Critical Areas Corridor, and review by the County Engineer. The Council also acknowledged receipt of a letter from Mr. Nielsen's attorney indicating that Mr. Nielsen does not wish to petition for public improvements at this time since he does not intend to develop the plat in the near guture. Mr. Nielsen asked several questions relating to public improvements and indicated that he would contact the City Administrator in this regard. Ayes: 5 Nays: 0 TAX LEVY Ayes: 5 Nays: 0 After a brief discussion, Councilman Wahl moved the adoption of Resolution No. 77-89, "RESOLUTION APPROVING FINAL PLAT FOR SNELLING VIEW REPLAT," acknowledging receipt of a portion of the park contribution and noting that the balance of the contribution would be due by July 1, 1978. Councilman Losieben seconded the motion. Mayor Lockwood moved the adoptiomLof Resolution No. 77-90, "RESOLUTION APPROVING 1977 LEVY COLLECTIBUI IN 1978." Councilman Losleben seconded the motion, Page 888 October 4, 19 77 COMPREHENSIVE PLAN Mayor Lockwood reviewed the discussions between the Planning Commission and Council members at the September 27 Planning Commission relative to updating the Comprehensive Plan. Several members of the Council felt that period reports from the Planner should be submitted to the Council so that the Council will be apprised of the Plan progress and so that the Council can more closely exercise control over any possible costs in excess of the contract amount. Ayes: 5 Nays: 0 LAND PLANNING GRANT APPLICATION Ayes: 5 Nays: 0 After a brief discussion, Councilman Schaberg moved approval of the contract from Howard Dahlgren Associates for Comprehensive Plan updating, directing that quarterly progress reports be submitted to the Council. Councilman Wahl seconded the motion. After a brief discussion, Mayor Lockwood moved the adoption of Resolution No. 77-91, "RESOLUTION AUTHORIZING SUBMISSION OF COMMUNITY GRANT APPLICATION," authorizing and directing staff to submit the application to the MOtropolitan Council, including a copy of the work program contained in the Comprehensive Plan contract. Councilman Losleben seconded the motion. STORM DAMAGE CLAIMS The Council received letters from the following residents as claims for damages incurred as a result of the August 30 storm: Dr. Leonard Levitan, 699 Sylvandale Court; Robert Ilstrup, 1268 Wachtler Avenue; Paul Bollmeier, 300 E. 4th Street; Richard M. Carbone, 1300 Wachtler; H.R. Hanson, 796 Sibley Memorial Highway. Administrator Johnson advised the Council that copies of the letters had been submitted to the insurance carrier for the City. PLANNING COMMISSION The Council acknowledged receipt of the minutes of the September 27 Planning Commission meeting. CASE NO. 77-21, MENDOTA COMPANY Mr. William Strub and Mr. Aslandis were present to explain the preliminary plat for the Crown Point Addition. They stated that they proposed to subdivide 32.2,acres of property located north of T.H. 110 and east of I-35E into 35 single family residential lots. They also stated that they propose to dedicate 11.6 acres to the City as the park contribution for the plat. Mr. Strub also gave a brief history of his past proposals for development of the property. Councilman Mertensotto expressed concern over a small piece of property owned by Dr. Darrell Westover adjacent to the plat, and Mr. Strub indicated that he would contact Dr. Westover in this regard. Councilman Wahl expressed concern over run-off and silt and the associated affect on area wildlife. Administrator Johnson advised that this would be addressed in the feasibility study for the plat. Ayes: 5 Nays: 0 CASE NO. 77-31, BYSTROM Ayes: 5 Nays: 0 CASE NO. 77-29, RILEY Ayes: 5 Nays: 0 Page 899 October 4, 1977 Councilman Losleben moved approval of the preliminary plat for the Crown Point Addition, including the concept of accepting 11.5 acres of open space as the park contribution for the plat. Councilman Wahl seconded the motion. The Council advised Mr. Strub that he may be asked to submit an escrow deposit for feasibility study preparation when the study is requested. The Council directed that the Administrator prepare a recommendation on whether such deposits should be required. Mr. Donald Bystrom was present to request approval of a three-foot variance from the sideyard setback requirement at 557 Simard Avenue so that he can construct an addition onto his existing garage seven feet from the property line. After a brief discussion, Councilman Wahl moved that the three-foot sideyard setback variance be approved. Councilman Losleben seconded the motion. Mr. James Riley was present to request approval of his applicationfor variance for apartments from 10-12 units per acre to 17 units per acre for property he owns on Lexington Avenue. He stated that when he purchased the property in 1965 the zoning was R-3A and would have allowed the 17 units per acre, however, when the current Zoning Ordinance was adopted, the property was rezoned R-3 and the density was reduced. Mr. Riley explained his development proposal, parking, open space and other details, noting that the apartments would be financed through the Section 8 Rental Assistance Program. He outlined several reasons he felt would justify approval of the variance, including application of the Section 8 program, previous Zoning Ordinance den sity, decrease in property value as a result of the "down-zoning" of the land an d various other comments. Members of the Council pointed out several concerns, including the potential drastic increase in traffic on Lexington Avenue, lack of fire fighting equipment to service a three story structure in case of fire, the request is for a drastic variance from the Ordinance, lack of input from residents of the Curley's Valley View Addition and other residents, as well as recommendations of denial from the City Planner and Planning Commission. There was also some discussion on the past sanitary sewer assessment against the property. After a lengthy discussion, Councilman Mertensotto moved that the variance be denied based on the concerns expressed by the City Council during this meeting as well as the recommendation of the Planning Commission and City Planner. Councilman Schaberg seconded the motion. Page 890 October 4, 1977 PARK AND RECREATION The Council acknowledged receipt of the minutes of the Park COMMISSION and Recreation Commission meetings held on September 1 and September 29. The Council noted the discussion on September 29 regarding landscaping within the parks and an associated recommendation of approval for the expenditure, and concurred with the Park Commission recommendation. BACHELOR AVENUE ALIGNMENT WATER SURCHARGE Ayes: 5 Nays: 0 Mr. John Langenbrunner was present to discuss with the Council various alternatives available relative to the alignment of Bachelor Avenue contiguous to the Somerset Park No. 3 plat and Mr. Langenbrunner's property. Mr. Langenbrunner stated that he has considered the possibility of accepting any fair offer for his property from either Mr. Bream or the City, however he has since decided he would not be willing to move-. Mayor Lockwood noted three alternatives on street alignment: acquire the necessary property from Mr. Langenbrunner via condemnation; acquire the necessary property from Par 3 Golf Course through negotiation or condemnation; construct a normal street on both sides of Langenbrunner's property and scale the street down (narrower) in front of his property. The Council expressed sympathy with Mr. Langenbrunner's situation but felt that the street should be constructed in a proper manner, without scaling it down. The Council suggested that perhaps Mr. Langenbrunner could consider selling the necessary right-of-way to the City and building a new home behind his existing residence; in which case his family could live in the existing residence during construction of a new home, after which the City would tear down the exsiting structure. Mr. Langenbrunner indicated that he would seriously consider this proposal. After a lengthy discussion, the Council requested Mr. Langen- brunner to discuss with his family the advisability of agreeing to sell the City the necessary right-of-way, and if the suggestion is agreeable, to retain an appraiser to appraise an appropriate price for the property. The Council indicated that the City would allow up to $150 for such an appraisal. Administrator Johnson advised the Council that Attorney Winthrop is preparing a revision in the proposed water surcharge ordinance to more closely meet the desires of the St. Pahl Water Department officials. Engineer Kishel advised the Council on the status of the water tank feasibility study. After a brief discussion, Councilman Losleben moved that the surcharge concept be approved and that the Attorney be directed to prepare a final draft of the proposed ordinance, the effective date for billings to be January 1, 1978. Councilman Schaberg seconded the motion. MISCELLANEOUS DELINQUENT SEWER RENTALS Ayes: 5 Nays: 0 LIST OF CLAIMS Ayes: 5 Nays: 0 LICENSES Ayes: 5 Nays: 0 ADJOURN Ayes: 5 Nays: 0 ATTEST: Page 891 October 4, 1977 The Council acknowledged receipt of a copy of the League of Minnesota Cities Survey of municipal elected officials' salaries. The Council acknowledged receipt of a proposed press release relative to Local 320 demands on behalf of the Police Department for 1978-79 salaries and benefits. After a brief discussion, it was the concensus of the Council that the release should be submitted to the legal newspaper and St. Paul Dispatch for publication. Mayor Lockwood moved the adoption of Resolution No. 77-92, "RESOLUTION CERTIFYING DELINQUENT SANITARY SEWER RENTAL CHARGES TO THE DAKOTA COUNTY AUDITOR FOR COLLECTION WITH REAL ESTATE TAXES." Councilman Wahl seconded the motion. Councilman Schaberg moved the adoption of the following motion: 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, October 4, 1977, having been audited by the City Council, be and are hereby allowed and the Mayor and Clerk-Treasurer of the City of Mendota Heights are hereby authorized and directed to issue City checks in pagment of said claims. Councilman Losleben seconded the motion. Mayor Lockwood moved approval of the list of licenses, granting licenses to: Wiegner Construction Company Bey-Roc Company Keith H. Ackerman Construction Merlin Larson Construction Co. General Contractor License Excavating License General Contractor License Concrete & Masonry License Councilman Losleben seconded the motion. There being no fruther business to come before the Council, Councilman Mertensotto moved that the meeting be adjourned. Councilman Wahl seconded the motion. Time of Adjournment: 10j58 flirii / iii_ ,e,t,./..///• heA arr- I Radabaugh Cleik-Treasu - k P.M. Robert G. Lockwood Mayor