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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