1976-10-05 Council minutesPage 734
October 5, 1976
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Regular Meeting
Held Tuesday, October 5, 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 the City Hall, 750 South Plaza Drive, Mendota Heights, Minnesota.
Acting Mayor Lockwood called the meeting to order at 8:00 o'clock P.M.
The following members were present: Acting Mayor Lockwood, Councilmen
Mertensotto and Wahl. Mayor Huber and Councilman Losleben had
notified the Council that they would be out of town.
HEARING --SONS OF Acting Mayor Lockwood opened the meeting for the
JACOB CONDITIONAL purpose of hearing on an application for conditional
USE PERMIT use permit to construct a synagogue northeast of
Hunter Lane and Highway 110. Mr. Harold Levander,
representing Mr. and Mrs. William Mulvihill, was
present to request that the hearing be delayed
until a future meeting to allow him time to study
the matter and respond on behalf of his clients.
The Council acknowledged receipt of a letter from
Mr. Levander in this regard.
Mr. Saul Fidelman, representing the Congregation
of the Sons of Jacob, noted that although it is
financially impossible to begin construction on
the synagogue in the near future, the Congregation
hopes to raise the necessary funds to begin
construction within one year of approval of the
permit, since it is understood that the
conditional use permit would expire in a year.
He also pointed out that the restrictions suggested
by the Planning Commission have been incorpoi'ated
into the synagogue plans and that everything that
was requested by the Commission has been done. He
stated that the Congregation will do everything
possible to make the site and structure meet with
the approval of the neighboring residents.
Acting Mayor Lockwood asked for questions and
comments from the audience.
There was considerable discussion over parking lot
location, access, and possible traffic congestion
problems. Several residents expressed concern
that traffic generated by the synagogue would
endanger the area children and were concerned about
overflow parking on Hunter Lane.
Mr. Jack Barber, 1919 Hunter Lane, suggested that
the Congregation could find a more appropriate
location for the synagogue within Mendota rHeights,
and that although he does not personally oppose
the synagogue construction, the ingress and egress
Ayes: 3
Nays: 0
RECESS
Page 735
October 5, 1976
problems could create serious problems for the
area residents.
Mrs. Gail Sundgaard, 1933 Hunter Lane, submitted
a petition on behalf of the residents, outlin.l.ng
the reasons the residents oppose the synagogue
construction.
Councilman Mertensotto pointed out that the property
under discussion is zoned R-1 and that a synagogue
would generally be considered a (permitted)
conditional use according to the zoning ordinance.
He noted that the Council can impose any reasonable
conditions as part of the permit approval if it
chooses to do so. It was his feeling that it
behooves the Council to resolve the dilemma of
ingress and egress as well as the many other problems1
involved.
Mr. Lawrence Culligan, 1221 Highway 110, stated
that there are many other locations zoned R-1
which would be more suitable for a synagogue than
this particular site and which would be less likely
to create safety hazards due to traffic generated
by the synagogue.
Mr. Ed Fink, also representing the Sons of Jacob,
stated that the present site has already been
purchased, with no contingency.
After a lengthy discussion, Councilman Wahl moved
that the hearing be continued to November 2.
Councilman Mertensotto seconded the motion.
Councilman Wahl asked the representatives of,the
Congregation to prepare a revised plot plan showing
the synagogue located to the north end of the
property and the parking lot at the south end.
The Council members urged the Congregation
representatives to meet with Mr. and Mrs. Mulvihill
and their representatives to hopefully come to an
agreement on either the purchase of the Mulvihill
property or some other mutually satisfactory
agreement. It was also suggested that the synagogue
representatives meet with area residents in order
to explain the proposal and reach accord with the
residents.
Acting Mayor Lockwood called a recess at 9:20
o'clock P.M. The meeting was readjourned at
9:25 o'clock P.M.
Page 736
October 5, 1976
CASE NO. 76-20, Acting Mayor Lockwood opened the hearing for the
ACME MARBLE AND purpose of a hearing on a conditional use permit
GRANITE for a mausoleum in the Resurrection Cemetery.
He noted that the Planning Commission had
recommended approval of the permit.
Mr. Tom Sweeney, representing the Catholic
Cemeteries, and Mr. Robert Tucker, representing
Acme Marble and Granite, outlined the plans for
the mausoleum, including the architecutal plans.
Responding to questions from the Council,
Mr. Sweeney stated that the chapel would only be
used for services which would be the customary
graveside type of service, and that the mausoleum
would contain approximately 3,300 crypts.
Acting Mayor Lockwood asked for questions and
comments from the audience. There being no
questions or comments, Councilman Wahl moved that
the hearing be closed, and moved the adoption of
Resolution No. 76-75, "RESOLUTION APPROVING
CONDITIONAL USE PERMIT."
Councilman Mertensotto seconded the motion.
Ayes:3
Nays:0
APPROVE Councilman Mertensotto moved approval of the
MINUTES minutes of the September 21 meeting.
Acting Mayor Lockwood seconded the motion.
Ayes: 3
Nays: 0
CORRESPONDENCE The Council acknowledged receipt of the Association
of Metropolitan Municipalities proposed Legislative
Policies. Acting Mayor Lockwood advised the
Council that he plans to attend the Association
General Membership Meeting on October 21.
DUTCH ELM The Council acknowledged receipt of an Order from
DISEASE - 1977 the Commissioner of Agriculture to bring the shade
BUDGET tree disease control program into compliance with
the State laws.
Ayes: 3
Nays: 0
Acting Mayor Lockwood moved the adoption of
Resolution No. 76-76, "RESOLUTION APPROVING 1976
LEVY COLLECTIBLE IN.1977," approving a total tax
levy of $538,500 (whichAmcludes a $31,500,excess
levy for Dutch Elm Disease Control).
Councilman Mertensotto seconded the motion.
The Council received and discussed a memo from
the City Administratorregarding a proposed_
Dutch Elm Disease control program.
PUBLIC WORKS
CAPITOL DEVELOPMENT
AND IMPROVEMENT
PROGRAM GRANT
LIMITED USE
PERMIT
Page 737
October 5, 1976
The Council acknowledged receipt of a memo from
the City Administrator regarding a Federal
application for local government Public Works
Capitol Development and Improvement Program
Grant. The matter will be considered by the
Council after discussions on financing for a
future public works facility.
Councilman Wahl moved the adoption of Resolution
No. 76-77, "RESOLUTION APPROVING LIMITED USE
PERMIT," with the Minnesota Highway Department
to allow construction of a trial between Curley's
Valley View Addition and Wagon Wheel Trail.
Councilman Mertensotto seconded the motion.
Ayes: 3
Nays: 0
I-35E Councilman Mertensotto moved adoption of
Resolution No. 76-78, "RESOLUTION RELATIVE TO
I-35E CONSTRUCTION," as amended.
Councilman Wahl seconded the motion.
Ayes: 3
Nays: 0
TENNIS COURT
FINAL PAYMENT
Ayes: 3
Nays: 0
CIVIL DEFENSE
ABATEMENT
Ayes: 3
Nays: 0
Acting Mayor Lockwood moved the adoption of
Resolution No. 76-79, "RESOLUTION ACCEPTING
WORK AND APPROVING FINAL PAYMENT," for
construction of tennis courts in Ivy Falls Park
and Rogers Lake Park, the final payment in the
amount of $504.18.
Councilman Wahl seconded the motion.
The Council acknowledged receipt of a memo from
Mayor Huber advising the Council of the
appointment of Richard Thul as Civil Defense
Coordinator for Mendota Heights.
After a brief discussion, Councilman Mertensotto
moved that an abatement be granted to Dorothy
Valencour, reducing the assessed value for
Parcel No. 27-04100-014-36 to nil for taxes
payable in 1974, from 9700 to 6200 for the land
and from 13900 to Nil for the building for taxes
payable in 1975, and reducing the Estimated
Market Value for the building from 15985 to Nil
for taxes payable in 1976 and reducing the
Limited Market Value for the land from 10670
to 6700 and the building Limited Market from
15290 to Nil for taxes payable in 1976.
Acting Mayor Lockwood seconded the motion.
Page 738
October 5, 1976
MISCELLANEOUS Engineer Kishel reminded the City Council that the
development of the Mendota Heights Industrial Park
makes it incumbent on the Council to consider the
location and construction of a water tower in the
City in the near future.
PLANS AND Councilman Mertensotto moved the adoption of
SPECIFICATION Resolution No. 76-80, "RESOLUTION APPROVING PLANS
APPROVAL AND SPECIFICATION AND ORDERING ADVERTISEMENT FOR
BIDS ON PROPOSED CONSTRUCTION OF SANITARY AND
STORM SEWER, WATER, AND STREET, CURB AND GUTTER
IMPROVEMENTS TO SERVE BROMPTON COURTS ADDITION
(IMPROVEMENT NO. 76, PROJECT NO. 1)," the bids
to be accepted on October 18.
Acting Mayor Lockwood seconded the motion.
Ayes: 3
Nays: 0
ELECTION JUDGES Councilman Wahl moved approval of the list of
election judges for the November 2 General Election.
Councilman Mertensotto seconded the motion.
Ayes: 3
Nays: 0
DELINQUENT
SEWER RENTAL
Councilman Mertensotto moved the adoption of
Resolution No. 76-81, "RESOLUTION CERTIFYING
DELINQUENT SANITARY SEWER. RENTAL CHARGES TO THE
DAKOTA COUNTY AUDITOR FOR COLLECTION WITH REAL
ESTATE TAXES."
Councilman Wahl seconded the motion.
Ayes: 3
Nays: 0
LIST OF CLAIMS Councilman Mertensotto moved the adoption of the
following motion:
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, October 5, 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
Acting Mayor Lockwood seconded the motion.
Ayes: 3
Nays: 0
LICENSES
Ayes: 3
Nays: 0
Acting Mayor Lockwood-moved approval of the list
of licenses, granting licenses to:.
C. Omar Leagup
Rumpca Excavating
Crawford-Merz
C and L Erectors
Raymond E. Haeg Plutbing,, Inc
Midway Sign Company,Inc.,
Councilman Wahl seconded the
Excavating License
Excavating License
Gen. Contractor License
Gen. Contractor License
. Plumbing License..
Sign Contractor License
motion.
Page 738A
October 5, 1976
3.2 BEER LICENSE Acting Mayor Lockwood moved that a one-day 3.2
malt liquor on sale license be granted to the
Mendota Heights Lions Club for October 17.
Councilman Mertensotto seconded the motion.
Ayes: 3
Nays: 0
ADJOURN There being no further business to come before the
Council, Acting Mayor Lockwood moved that the
meeting be adjourned.
Councilman Wahl seconded the motion.
Ayes: 3
Nays: 0
TIME OF ADJOURNMENT: 11:20 o'clock P.M.
ATTEST:
Robert G. Lockwood
Acting Mayor