1976-12-07 Council minutesPage 754
December 7, 1976
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Regular Meeting
Held Tuesday, December 7, 1976
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 Huber called the meeting to order at 8:00 o'clock P.M. The following members
were present: Mayor Huber, Councilmen Losleben, Mertensotto and Wahl.
Councilman Lockwood had notified the Council that he would be absent due to illness.
APPROVE Councilman Losleben moved approval of the minutes of the
MINUTES November 16 meeting as corrected.
Councilman Mertensotto seconded the motion.
Ayes: 4
Nays: 0
CASE NO. 76-14,
SONS OF JACOB
Mayor Huber opened the meeting for the purpose of the
continuation of a hearing on the application for conditional
use permit for a synagogue. He asked for questions and comments
from the audience.
Mr. Roger Sundgard, 1933 Hunter Lane, spokesman for the area
residents opposed to the permit approval, presented the
Council with a petition in supplement to the petition
presented at an earlier meeting. He commented on the Planner's
report and Planning Commission recommendation and listed the
several objections of the residents. He stated that the main
concern is the effect the synagogue construction would have on
the Mulvihill property, and also the safety hazards if the
Synagogue congregation use Orchard and Hunter Lanes for
ingress and egress. Mr. Sundgard noted that four acres of
property owned by the Royal Redeemer Church are available and
the church representatives have indicated they would be
desirous of negotiating sale of the property to the Sons of
Jacob.
Mr. Harold Levander, representing the Mulvihills, stated that
although the Sons of Jacob representatives had contacted
Mrs. Mulvihill no contact had been made with Mr. Mulvihill
relative to purchase of the property. He noted that since his
retention as attorney for the Mulvihills he has been in
negotiation with the Sons of Jacob representatives but that
no agreement on a property sale has been reached. He further
stated that prior to approval of a conditional use permit
there should be a Council recommendation for further negotiation
and acquisition of the property: under the present circumstances
the Mulvihills object to the conditional use permit because of
impairment of their property. He suggested that if the
property is acquired the synagogue congregation could use
Highway 110 for ingress and egress by providing
a roadway where the frontage road will someday be constructed.
Page 755
December 7, 1976
He requested that the Council delay decision on the matter
until further information on traffic control, purchase of the
Mulvihill property, parking and other information can be
submitted for Council study.
Mr. Lawrence Culligan, 1221 Highway 110, stated that the Sons
of Jacob should pursue purchase of the Royal Redeemer property
since that property would not present the traffic hazards that
the proposed location would.
Several residents expressed their objections on the basis of
possible traffic safety hazards.
Mr. Stacker, representative of the Sons of Jacob Congregation,
stated that when the Sons of Jacob first considered locating
in Mendota Heights, the Royal Redeemer site was considered.
For several reasons including size of the site, lack of
frontage, and the necessity of locating the building at the
rear of the property, it was determined not to purchase the
site. He also stated that although no contact was made with
Mr. Mulvihill, prior to purchase of the property currently
proposed for the synagogue site, they had spoken to
Mrs. Mulvihill, that she did not express any objection to the
synagogue construction, and that they had discussed purchasing
the Mulvihill property with her. Since the Mulvihills retained
an attorney, negotiations have been conducted between
Mr. Levander and the Sons of Jacob attorney. He stated that the
Sons of Jacob would like to be an acceptable neighbor, and
that they have met all of the zoning and planning requirements.
Mr. Saul Fidelman, President of Sons of Jacob, stated that at
previous meetings he had suggested the possibility of a
signalized entrance at 110 and Hunter Lane and was told this
would be impossible and very dangerous, and that there doesn't
seem to be an easy answer on synagogue traffic exiting on
Hunter or Orchard. He noted that a Lexington exit would be
extremely dangerous and he would not recommend that as a
solution. He also stated that the traffic generated would only
be heavy on the high holydays and that people do not generally
leave the synagogue after a service enmasse. In response
to a question from the audience, he stated that if the permit
is approved, the synagogue would be constructed with 11/2 to 2
years.
Mr. Roger Jenni, 1203 W. Mendota Road, stated that he lives
where the future TH 110 frontage road will go and that going
onto eastbound 110 would be extremely dangerous.
Dr. James Olin, 1140 Orchard Place, stated that area children
play in the streets on Orchard and Hunter, particularly in the
winter, and additional vehicular traffic would be very
dangerous. Also, he suggested that increased traffic would
ruin the driving surface on Orchard Place.
Ayes: 4
Nays: 0
RECESS
PUBLIC WORKS
SALARIES
Ayes: 4
Nays: 0
CASE NO. 76-31,
THISSEN/HARRINGTON
Page 756
December 7, 1976
Mrs. Emmie Swanson, 1130 Orchard Place, expressed opposition
to the use of Orchard and Hunter for ingress and egress if
the synagogue permit is approved.,
Mrs. Ted Van, 1885 Hunter Lane, asked if additional traffic
generated by the synagogue would necessitate widening and
upgrading of Orchard and Hunter in the near future.
Mrs. Gerald Rice, 1991 Hunter Lane, suggested that the Sons of
Jacob reconsider the Royal Redeemer site and objected to
approval of the synagogue at the presently proposed site.
It was the concensus of the Council that serious consideration
must be given to the ingress and egress problems and the
Council discussed the possibility of contacting the Minnesota
Highway department relative to possible early construction of
the TH 110 frontage road. The Council cautioned the residents
that if the conditional use permit is approved, the Council
could prohibit parking on Orchard and Hunter, however it
could not prohibit the use of these roads by the congregants.
The Council cautioned the Sons of Jacob representatives that
acquisition of the Mulvihill property would not predetermine
that the conditional use permit would be approved. It was
pointed out that at the time a decision is made on the matter
the Council will state its reasons for denial or reasons and
conditions for approval.
There being no further questions or comments from the audience,
Mayor Huber moved that the hearing be closed.
Councilman Losleben seconded the motion.
The hearing was closed at 10:10 o'clock P.M.
Mayor Huber called for a recess at 10:10 o'clock P.M.
The meeting was readjourned at 10:23 o'clock P.M.
The Council discussed the 1976/1977 salary and benefit proposal
for the Public Works Department employees. Councilman
Mertensotto expressed concern over the impact of the proposed
1976 increase on the budget, as well as concern over insurance
provisions and employee classifications.
After a lengthy discussion, Councilman Losleben moved that the
1976/1977 wages and benefits for the Public Works Department
employees be approved in accordance with the Administrator's
memo dated November 16, 1976.
Mayor Huber seconded the motion.
Mr. Robert Thissen and Mr. Kenneth Harrington were present to
request approval of their application for the subdivision of
Lots 2, 3 and 4, Block 3, Furlong Addition. The applicants
propose to combine the three 60-foot lots to create two 90 foot
lots (Parcels A and B).
Page 757
December 7, 1976
After a brief discussion, Councilman Wahl moved approval of
the subdivision of Lots 2, 3 and 4, Block 3, Furlong Addition
as proposed by the applicants.
Mayor Huber seconded the motion.
Ayes: 4
Nays: 0
GUN DELAER Mr. William Penney, 1023 London Road, was present to request
LICENSE approval of his application for Firearms Dealer License.
Mr. Penney briefly outlined the federal regulations with which
he must comply for federal licensing, one provision of which
states that he must be licensed as a firearms dealer in his
own community. Mr. Penney stated that he is a gun collector and
that he would not be involved in the retail sale of guns and
would probably have a maximum of 8 to 10 contacts with other
gun collectors out of his home during a year. He pointed out
that this activity would not involve any printed or listed
advertising and would be conducted only as a hobby or light
avocation.
The Council advised Mr. Penney of the restrictions imposed by
the Home Occupation section of the Zoning Ordinance.
Mayor Huber moved approval of the issuance of a Firearms
Dealer License to William H. Penney, 1023 London Road,
contingent on adherence to all applicable City ordinance,
including the ordinance relating to Home Occupations.
Councilman Losleben seconded the motion.
Ayes: 4
Nays: 0
DEPARTMENT REPORTS The Council acknowledged receipt of the Police Department
monthly report for November and the Fire Department reports
for October and November.
COMMISSION REPORTS The Council acknowledged receipt of the minutes of the
November 23 Planning Commission meeting and the minutes of the
October 27 Park Commission meeting.
AGREEMENT RENEWAL Mayor Huber moved that Interceptor Maintenance Agreement No. 130
between the City and the Metropolitan Waste Control Commission
be renewed for 1977.
Councilman Losleben seconded the motion.
Ayes: 4
Nays: 0
PERSONNEL
Ayes: 4
Nays: 0
Ayes: 4
Nays: 0
Councilman Wahl moved that Terry Blum and George Noack, Jr.
be given permanent employment status in the Public Works
Department, effective December 16.
Councilman Losleben seconded the motion.
Upon the recommendation of the City Administrator, Mayor Huber
moved that Mrs. Helen Riley's probationary appointement as
Receptionist/Clerk-typist be confirmed and approved.
Councilman Mertensotto seconded the motion.
OFFICE SPACE
LEASE
Ayes: 4
Nays: 0
SEWER SERVICE
CHARGE STUDY
MISCELLANEOUS
PROPOSED SALARY
ADJUSTMENTS
MISCELLANEOUS
Ayes: 4
Nays: 0
Page 758
December 7, 1976
Mayor Huber moved approval of a seven-year lease agreement with
the DCR Corporation for new quarters for the Police and general
office (including Council chambers).
Councilman Losleben seconded the motion.
The Council acknowledged and briefly discussed the Sewer Service
Charge study prepared by the City Administrator. Administrator
Johnson requested that the Council study the report so that
hopefully the matter can be placed on an agenda in the near
future and so that a determination of possible rate adjustments
can be made prior to the first quarterly billing in 1977.
Administrator Johnson advised the Council that the Police
Department has accepted a Police Intern, at no cost to the City,
through an Inver Hills Junior College internship program. The
intern, Renee Danseraus, began her internship on December 1.
The Council acknowledged and briefly discussed a memo from
Dick Dwinnel, of Howard Dahlgren and Associates, regarding the
Mississippi River Corridor Critical area.
The Council acknowledged receipt of a memo from the City
Administrator recommending 1977 wage adjustments for non-union
employees. Discussion on the matter was tabled to December 21.
Councilman Losleben moved that the Clerk-Treasurer and the
Deputy Treasurer be authorized to use the Mayor's signature
plate to transfer funds between the checking account and the
savings account for monies on deposit at the Dakota County
State Bank of Mendota Heights, as part of the investment
procedure, when funds are not needed for general disbursements,
beginning January 1, 1977.
Councilman Wahl seconded the motion.
LIST OF CLAIMS Councilman Losleben moved the adoption of the following motion:
Ayes: 4
Nays: 0
LICENSES
RESOLVED, that the claims submitted to the City Council for
payment, a summary of which is attached hereto and identified as
List of Claims submitted for payment, Deqember 7, 1976, having
been audited by the City Council be and are hereby allowed and
the Mayor and Clerk-Treasurer are hereby authorized and directed
to issue checks in payment of said claims.
Mayor Huber seconded the motion.
Councilman Wahl moved approval of the list of licenses, granting
licenses to:
Ayes: 4
Nays: 0
ADJOURN
Ayes: 4
Nays: 0
TIME OF ADJOURNMENT: 12:29 o'clock A.M.
Page 759
December 7, 1976
Jer Hen Builders, Inc.
American Fuel Savers, Inc.
Kaufman Outdoor Advertising Co.
Fridholm Construction Co.
Dayton's Bluff Carpenter Shoff
Befort Roofing, Inc.
Terry Sturm Plumbing & Heating
Arcade Concrete Company
Summit Plumbing & Heating Co., Inc.
Terry Sturm Plumbing & Heating Co.
Norseland Industries
Mayor Huber seconded the motion.
General
General
General
General
General
General
Heating
Masonry
Contractor
Contractor
Contractor
Contractor
Contractor
Contractor
License
License
Plumbing License
Plumbing License
Sign Contractor License
License
License
License
License
License
License
There being no further business to come before the Council,
Mayor Huber moved that the meeting be adjourned.
Councilman Wahl seconded the motion.
ATTEST:
Donald L. Huber
Mayor
.000
AION
lerk- reasurer
dabaugh