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1977-05-03 Council minutesPage 822 May 3, 1977 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, May 3, 1977 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 Lockwood called the meeting to order at 8:00 o'clock P.M. The following members were present: Mayor Lockwood, Councilmen Losleben, Mertensotto and Wahl. Councilman Schaberg had notified the Council that he would be out of town. APPROVAL OF MINUTES Ayes: 4 Nays: 0 COMMUNICATIONS TH 49 IMPROVEMENTS PARK AND RECREATION COMMISSION PLAYGROUND EQUIPMENT Councilman Mertensotto moved approval of the minutes of the April 19 meeting. Councilman Losleben seconded the motion. The Council acknowledged receipt of a letter from Mrs. Geraldine Lerbs, 774 Mohican Lane, regarding Mendota Water Company service. The letter is to be placed on file for reference at the May 17 hearing. The Council acknowledged and briefly discussed a copy of a letter from the metropolitan council to the Pollution Control Agency regarding the City's application ofr permit for an open burning site for diseased tree disposal. The Council also acknowledged receipt of a letter from the Dakota County Highway Engineer advising the Council of a public meeting regarding the site selection for a chemical waste landfill facility. The Council acknowledged receipt of a letter from the D.O.T. regarding shoulder improvements on T.H. 49. Administrator Johnson advised the Council that he and other staff members had met with a representative of the D.O.T. and were advised that the Department plans to install bituminous shoulders, from six to eight feet wide, along both sides of Dodd Road from Delaware Avenue to T.H. 55. The work is to be done by the D.O.T. maintenance forces, and that it is intended to be a vehicular improvement, not a pedway. There was considerable discussion over possible construction of sidewalks for a few blocks south of Somerset School. The Council directed the Administrator to contact sChool district representatives to discuss the possibility of sidewalk installation or possibly trail construction. The Council acknowledged receipt of the minutes of the April 27 Park and Recreation Commission meeting. Park and Recreation Commission Chairwoman Liz Witt was present to discuss a Park and Recreation Commission recommendation,that the Park and Recreation Commission has recommended Ayes: 4 Nays: 0 BALLFIELD Ayes: 4 Nays: 0 DUTCH ELM DISEASE Ayes: 4 Nays: 0 Page 823 May 3, 1977 that the City purchase kits or materials to construct wooden equipment -- a landscape structure kit, swing, tire tramp and balance beam. The Jaycees have volunteered to construct the equipment. It is proposed to install the equipment in the Wentworth Park and Friendly Hills Park, and the estimated cost is $3,500 to $4,000 per park. After a brief discussion, Councilman Losleben moved to authorize purchase of materials necessary for the Jaycees to construct the recommended playground equipment in the Friendly Hills and Wentworth Parks, the estimated $8,000 cost to be supported by the Special Park Fund. Councilman Wahl seconded the motion. Park Commission Chairwoman Witt advised the Council that the Park Commission has received cost estimates from staff on construction of the softball field proposed for the southwest portion of the Mendota Plaza property. Mrs. Witt stated that the Commission feels that the estimated $4,000 cost would be too excessive for the intended use. After a brief discussion, Councilman Mertensotto moved that Council action taken on April 5, approving the agreement for use of the Mendota Plaza property for ballfield purposes, be rescinded and that Mr. Sheehy be notified that the City does not wish to pursue ballfield construction or agreement execution. Councilman Losleben seconded the motion. The Council acknowledged receipt of a memo on the current status of the Dutch Elm Disease problem and a letter from Attorney Winthrop outlining alternatives on City removal of diseased trees and assessment of the removal costs. Mr. Winthrop's letter indicated that the City may proceed under either Ordinance No. 701 or Minnesota Statutes, Section 18.023, or both. After a brief discussion, Councilman Losleben moved that the City Council elects to enforce the provisions of Sec. 18.023, Mn. Statutes in the removal and assessment for removal of diseased trees. Councilman Mertensotto seconded the motion. Mayor Lockwood advised the Council and members of the audience that Turf Supply Company, 2970 Dodd Road, is a local firm which has indicated an interest in selling Lignasan BLP to private individuals. Mayor Lockwood also commended John Neska for his report. PLANNING COMMISSION The Council acknowledged receipt of the minutes of the April 26 Planning Commission meeting. Page 824 May 3, 1977 CASE NO. 76-22, Administrator Johnson advised the Council that Mr. Brad Smith, GOPHER STAMP & DIE representing Gopher Stamp and Die, has requested that the discussion on his application for subdivision be continued to a future meeting. The Council concurred in the request and the matter was tabled to the June 7 meeting. CASE NO. 77-9, Ms. Dorre McClelland was present to request approval of a FISCHER-MCCLELLAND variance to allow a business nameplate sign for her business located at 800 South Plaza Drive. Ms. McClelland requested that the 4 foot by 4 foot sign be approved for location approximately eight feet west of the parking lot entrance drive or at the corner of Dodd Road and South Plaza Drive. Ayes: 4 Nays: 0 CASE NO. 77-10, ADAMS Ayes: 3 Nays: 1 Mertensotto CASE NO. 77-11, GARWOOD Ayes: 4 Nays: 0 After a brief discussion, Councilman Losleben moved that a variance be granted to allow installation of a 4 foot by 4 foot sign eight feet west of the driveway entrance at 800 South Plaza Drive. Councilman Wahl seconded the motion. Mr. Burnell Adams, 969 Chippewa, was present to request approval of his application for variance to allow him to construct a redwood fence on his property in excess of Ordinance restrictions on fence height. Mr. Adams explained that his children play basketball in the driveway and the ball occasionally ends up on neighboring property. He also explained recent disputes with his neighbor because of this problem. As a result, he has been requested by the Police Department to install a fence to eliminate the problem. Councilman Mertensotto did not feel that the variance should be approved without approval from the adjoining neighbor. After a lengthy discussion, Councilman Losleben moved that the application be approved, granting a variance to install a redwood fence, tapering from 31/2 feet high at the front property line to five feet in height at the 30 foot front yard setback to a six foot height behind the front yard setback. Councilman Wahl seconded the motion. Mr. David Garwood, 743 Cheyenne Lane, was present to request approval of his application for a variance from the sideyard setback requirement on the north side of his lot. Mr. Garwood is requesting the variance to allow construction of an addition on his home 6'6" from the property line. Councilman Losleben moved the approval of a 3'6" variance from the sideyard setback requirement at 743 Cheyenne Lane. Mayor Lockwood seconded the motion. SOMERSET NO. 3 MISCELLANEOUS May 3, 1977 Page 825 Mr. Harvey Bream was present to request approval of the preliminary plat for Somerset No. 3. Mr. Bream explained the history of the proposed plat and stated that he has worked with the City Engineer and Planner on the plat. Mr. Bream explained the plat, and stated that he has an earnest money agreement from Mr. John Langenbrunner, the owner of Lot 8, Block 3, for the purchase of a portion of the lot which is in excess of the standard City lot size. This will allow for conventional platting of the property within the plat as well as the platting of Lot 8 as a conventional, regularly shaped lot rather than considering it an exception to the plat. The difficulty that arises is that Mr. Langenbrunner's home is located on what would be the normal alignment of Bachelor Avenue, Mr. Bream will have to negotiate with the owner over acquisition of the right-of-way and moving of the house, or the prospect of constructing a "bend" in Bachelor Avenue at this location must be considered. After a lengthy discussion, the Council requested that Dick Bjorklund prepare an estimate of costs involved in moving the house, that the Engineer work with Mr. Bream on the grading of the site, and that the Administrator take part in the negotiations between Mr. Bream and Mr. Langenbrunner. The Council expressed passive agreement that the plat is in order with the exception of Lot 7 and Bachelor Avenue. Mr. Bream indicated he would be present at the May 17 meeting with a grading plan and final plat. Mayor Lockwood advised the Council that he had received a memo from the School District regarding a meeting of School representatives and community officials. Councilman Mertensotto indicated that he will attend the meeting. ORDINANCE VIOLATION Mayor Lockwood stated that he had received a certified letter from Mr. Vernon Peterson, 1055 Esther Lane, regarding a fence he has installed along the curb by his house. Mayor Lockwood noted that the letter was in response to staff notifying Mr. Peterson that his fence is in violation of City Ordinance. Mayor Lockwood stated that Mr. Peterson had requested that curbing be installed along the corner of his lot to prevent vehicular boulevard damage as part of the Northeast Area improvement project. Since this was not done, Mr. Peterson installed the boulevard fence to accomplish the same result. The Council discussed the matter at length, including alternatives which would reduce the possibility of vehicular boulevard damage. The alternatives were to install 3-foot high quardposts, or a minimum height to serve the intended purpose;- or a directional sign, or both the sign and guardposts, whichever is most appropriate. MISCELLANEOUS The Council acknowledged receipt of a letter from Financial Advisor Lawrence Shaughnessy on bonding. FIRE DEPARTMENT Ayes: 4 Nays: 0 On the recommendation of Administrator Johnson ant the Fire Chief, Councilman Wahl moved that Steven Carlson, 698 Third Avenue, be appointed to the Volunteer Fire Department. Mayor Lockwood seconded the motion. PERSONNEL Page 826 May 3, 1977 Administrator Johnson recommended that the Council approve a process wherein tests could be prepared and administered for promotions within the Public Works Department to Utility Leadman and Street department leadman. The Council concurred in the recommendation. ORDINANCE NO. 145 Councilman Mertensotto moved the adoption of Ordinance No. 145, "AN ORDINANCE AMENDING ORDINANCE NO. 102," to allow for Council resolution establishing Council meeting starting time. Councilman Losleben seconded the motion. Ayes: 4 Nays: 0 RESOLUTION 77-32 Ayes: 4 Nays: 0 MISCELLANEOUS Councilman Mertensotto moved the adoption of Resolution No. 77-32, "RESOLUTION DETERMINING TIME OF COMMENCEMENT OF REGULAR COUNCIL MEETING," establishing a 7:30 P.M. meeting commencement effective June 7. Councilman Losleben seconded the motion. The Council directed Attorney Winthrop to invite Mr. Harry Kirchner to attend the June 7 meeting to discuss Fischer's "66" parking on Dodd Road. The Council directed the Fire Marshall to perform a fire inspection on the buildings on the old Warneke farm (Perkegwin property). The Council acknowledged receipt of the engineering status report for April. LIST OF CLAIMS Mayor Lockwood 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, May 3, 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 payment of said claims. Councilman Wahl seconded the motion. Ayes: 4 Nays: 0 LICENSES Councilman Wahl' moved approval of the list of licenses, granting licenses to: Paulson Construction General Contractor License Corrigere Construction Co. Masonry Contractor License Councilman Losleben seconded the motion. Ayes: 4 Nays: 0 ADJOURN Ayes: 4 Nays: 0 Page 827 May 3, 1977 There being no further business to come before the Council, Councilman Mertensotto moved that the meeting be adjourned. Councilman Losleben seconded the motion. TIME OF ADJOURNMENT: 11:24 o'clock P.M. ATTEST: Robert G. Lockwood Mayor dabaugh -Treasur