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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