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1976-09-07 Council minutesPage 724 September 7, 1976 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, September 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 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 Losleben, Mertensotto and Wahl. Mayor Huber had notified the Council that he would be out of town. APPROVE Councilman Mertensotto moved approval of the minutes of the MINUTES August 17 meeting. Councilman Wahl seconded the motion. Ayes: 4 Nays: 0 PEDESTRIAN SAFETY AWARD Alice Shillock, representing the Auto Club of St. Paul, presented Acting Mayor Lockwood with an American Auto Club Pedestrian Safety Award acknowledging that no pedestrian traffic fatalities occurred in Mendota Heights in 1975. ORCHARD/HUNTER LANE The Council discussed a memo from the City Engineer regarding ASSESSMENT ROLL recommendations on the objections to the Orchard/Hunter Lane proposed assessment roll. Each of the objections and associated staff recommendation, was discussed at length. Ayes: 4 Nays: 0 Ayes: 4 Nays: 0 The Council noted in the Engineer's memo that an error had been made in the area assessment for parcel no. 18200-020-00, owned by Richard Frye. The area assessment of $790.22 had been incorrectly recorded on the roll as $190.22. Councilman Mertensotto moved that the area assessment for Parcel No. 18200-020-00 be corrected to $790.22. Councilman Losleben seconded the motion. As a result of the discussion on the assessment objections, Councilman Losleben suggested that deferments on the making of area assessments be granted for property below elevation 890 on the topographic maps. The Council concurred with this suggestion. Councilman Losleben moved to defer the making of the area assessment for the southerly .86 acre of Parcel No. 02700-010-03 (Edna Kelley property), the balance of the assessment to remain as listed in the proposed assessment roll. Acting Mayor Lockwood seconded the motion. Page 725 September 7, 1976 Councilman Losleben moved to defer the making of the area assessment for the southerly 21 acres of Parcel No. 02700 - 010 -07 (Dr. James Olin), the balance of the assessment to remain as proposed in the assessment roll. Councilman Wahl seconded the motion. Dr. Olin withdrew his request for deferment. As a result of Dr. Olin's action, Councilman Wahl withdrew his second to the motion. Councilman Losleben withdrew the motion. Acting Mayor Lockwood moved that the assessments for the Ted Van property, Parcel No. 02700- 030 -08 and Parcel No. 18200- 080 -00 be approved as listed in the proposed assessment roll. Councilman Wahl seconded the motion. Councilman Mertensotto moved that the area assessment for the southerly 200 feet- of::Parcel No. 02700 - 030 -09 be assessed as proposed and recommended by the staff and that the Council defer the making of the area assessment for the balance of the 3.76 acres (Ted Van property). Acting Mayor Lockwood seconded the motion. The Council noted that only a portion of Parcel No. 02700 - 030 -10 had been included in the assessment roll (Dr. Culligan's proper- ty). The Engineer informed the Council that Dr. Culligan is in the process of preparing a preliminary plat for this parcel and that a lift station is proposed , thus allowing service to the entire parcel by the existing sanitary sewer system. He recommended that the additional 379,875 square feet of property be included in the assessment district. Councilman Mertensotto moved that Parcel No. 02700 - 030 -10 be assessed in its entirety for the sanitary sewer area assessment, that the originally proposed $2,383.56 area assessment be levied at this time, but that the Council defer the making of the area assessment for the additional 379,875 square feet of property until such time as the property is developed; the assessment. for Parcel No 02700-020-10 to remain as proposed. Councilman Losleben seconded the motion. Councilman Mertensotto moved thaeVy:thei,area assessment for: the -northeasterly quarter of Parcel No. 02700 - 050 -10 as proposed in the assessment roll, and to defer the making of the area assessment for the balance of the easterly one -half of the parcel (Larry Culligan property). Councilman Wahl seconded the motion. Ayes: 4 Nays: 0 Ayes: 4 Nays: 0 Ayes: 4 Nays: 0 RECESS CASE NO. 76-18, STACKER Ayes: 4 Nays: 0 COMMUNICATIONS Page 726 September 7, 1976 Councilman Losleben moved to include Parcel No. 02700-010-09 in the assessment roll in its entirety (R. Phillips property) but to defer the making of all of the area assessment except the proposed assessment for that property lying easterly of a line perpendicular to the westerly intersection of Lots 2 and 3. Acting Mayor Lockwood seconded the motion. Councilman Mertensotto moved that the assessment for Parcel No. 18200-010-00 (Phillips) be levied as proposed and as recommended by the City Engineer. Councilman Wahl seconded the motion. Councilman Mertensotto moved the adoption of Resolution No. 76- 68, "RESOLUTION ADOPTING ASSESSMENT ROLL FOR ORCHARD/HUNTER LANE IMPROVEMENTS (IMPROVEMENT NO. 74, PROJECT NO. 2)." Councilman Losleben seconded the motion. Acting Mayor Lockwood called a recess at 10:20 o'clock P.M. The meeting readjourned at 10:25 o'clock P.M. Mr. Howard Stacker was present to request approval of his application for sideyard setback variance at 694 Maple Park Drive. After a brief discussion, Councilman Losleben moved that the application be approved, granting a seven foot variance from the sideyard setback requirement, thus allowing construction of a swimming pool at 694 Maple Park Drive. Councilman Mertensotto seconded the motion. Councilman Wahl requested that Mr. Stacker submit a letter of approval from W.L. Louder, 703 Maple Park Court. The Council acknowledged receipt of a letter from Mr. Robert Einsweiler notifying the Council of a Metropolitan Airports Commission Preliminary Master Plan Report presentation to be held at the Eagan City Hall on September 16. The Council acknowledged receipt of an invitation to the Minnesota Highway Department Open House to be held on September 23, 24, and 25. The Council acknowledged receipt of a memo from the Metropolitan Council regarding the Metropolitan Land Planning Act and a letter from the City of Wet St. Paul inviting the Council to a demonstration of the Fyr Feeder Wood Gas Producer on Sept. 10. PLANNING COMMISSION The Council acknowledged receipt of the minutes of the August 24 Planning Commission meeting. CASE NO. 76-15, After a brief discussion, Councilman Wahl moved approval of the SWINTON subdivision of Parcel No. 02700-050-01 (1145 Orchard Place) Ayes: 4 Nays: 0 CASE NO. 76-19, FARRAR Ayes: 4 Nays: 0 Page 727 September 7, 1976 conditioned upon receipt of a $400 park contribution. Councilman Losleben seconded the motion. After a brief discussion, Councilman Losleben moved approval of the application for variance submitted by John Farrar, 643 Sibley Highway, granting a variance of seven feet from the sideyard setback requirement. Councilman Wahl seconded the motion. PARK AND RECREATION The Council acknowledged receipt of the minutes of the COMMISSION August 25 Park and Recreation Commission meeting. Acting Mayor Lockwood moved approval of the idea of conducting a recreation survey and an associated expenditure of $151. Councilman Mertensotto seconded the motion. Ayes: 4 Nays: 0 Ayes: 4 Nays: 0 BUILDING PERMIT Ayes: 4 Nays: 0 DAKOTA COUNTY STATE BANK Ayes: 3 Nays: 1 Wahl MISCELLANEOUS The Council acknowledged receipt of the Park-A-Rama final report. Councilman Wahl moved that a letter of appreciation be sent to the Co-Chairmen of the Park-A-Rama Committee. Acting Mayor Lockwood seconded the motion. Acting Mayor Lockwood moved approval of a building permit for George's Golf Range, to allow the removal of the present garage and construction of a machine shed. Councilman Mertensotto seconded the motion. Mr. Robert Burow was present to request approval of a building permit for expansion of the Dakota County State Bank building. Mr. Burow explained drawings of the proposed addition. Councilman Wahl expressed concern that the Planning Commission should_have S'ome inpUt on the permit consideration. After a lengthy discussion, Councilman Mertensotto moved approval of the application for building permit subject to approval of the plans by the Building Inspector, Fire Marshall and City Planner. Councilman Losleben seconded the motion. The Council acknowledged receipt of a memo from Mayor Huber regarding a retaining wall on the R. Guyer property. PROPOSED BUDGET Ayes: 4 Nays: 0 MISCELLANEOUS ACQUISITION OF EASEMENT Ayes: 4 Nays: 0 IVY FALLS WEST Ayes: 4 Nays: 0 Page 728 September 7, 1976 The Council acknowledged receipt of the proposed 1977 Budget. Councilman Wahl moved the adoption of Resolution No. 76-71, "RESOLUTION CALLING FOR PUBLIC HEARING ON PROPOSED BUDGET," the hearing to be held at 8:00 P.M. on September 21. Acting Mayor Lockwood seconded the motion. Councilman Losleben suggested that the Council consider granting approval to Mrs. Evan Kirchert, 2294 Dodd Road, to continue the rental of the second home on her property for an additional year. The Council referred the matter to the City Attorney. Councilman Losleben moved the adoption of Resolution No. 76-69, "RESOLUTION AUTHORIZING ACQUISITION OF EASEMENT", authorizing the acquisition of a utility easement from Mr. & Mrs. Alfred Johnson, in the amount of $1,500, in connection with the Northeast Area Improvement Project. Councilman Mertensotto seconded the motion. Councilman Mertensotto moved the adoption of Resolution 76-70, "RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR IVY FALLS WEST ADDITION IMPROVEMENTS (IMPROVEMENT NO. 75, PROJECT NO. 3, STAGE II)," as submitted by the City Engineer and reviewed by the Council. Councilman Losleben seconded the motion. PETITION FOR The Council acknowledged receipt of a memo from the Public IMPROVEMENTS Works Inspector in response to a petition from Mr. & Mrs. Thomas Nonnemacher for street and public utility improvements on Mayfield Heights Road. The Council discussed the memo at length and referred the matter back to the Public Works Inspector for additional discussion with the petitioners. ELECTION JUDGES Ayes: 4 Nays: 0 Councilman Mertensotto moved approval of the list of additional election judges for the September 14, 1976 primary election. Councilman Wahl seconded the motion. LIST OF CLAIMS Councilman Losleben 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, September 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. Acting Mayor Lockwood seconded the motion. Ayes: 4 Nays: 0 LICENSES Ayes: 4 Nays: 0 BUILDING PERMIT APPLICATIONS ADJOURN Ayes: 4 Nays: 0 ATTEST: Page 729 September 7, 1976 Councilman Wahl moved approval of the list of licenses, granting licenses to: McQuillan Bros. Plumbing & Heating Murr Backhoe Service, Inc. Melvin Aleshire Tri -City Builders Joseph J. Maurer North Star Services Arthur F. Partridge & Associates Sheehy Construction Company Quality Construction Service & Supply Ace Heating Company E.L. Bulact Construction Co., Inc. John 0. Fure Construction Company John McCarty Company McQuillan Bros. Wm. Murr Plumbing, Inc. North Star Plumbing & Heating Co. Excavating License Excavating License General Contractor General Contractor General Contractor General Contractor General Contractor General Contractor General Contractor Heating License Masonry License •Masonry License Plumbing License Plumbing License Plumbing License Plumbing License Councilman Mertensotto seconded the motion. License License License License License License License The Council acknowledged receipt of an application for building permit from Larson Greenhouse. After a brief discussion, the matter was referred to the Planning Commission. The Council acknowledged receipt of an application for building permit from the Richline Company for construction of a compressor building on the southwest corner of the present building. Councilman Losleben moved approval of the building permit. Acting. Mayor Lockwood seconded the motion. Councilman Mertensotto expressed considerable concern over problems which might occur if the permit is approved, and suggested that the plans be submitted to the Planning Consultant for his comments on any possible cautions. Acting Mayor Lockwood withdrew his second to the motion. Councilman Losleben withdrew the motion. There being no further business to come before the Council, Councilman Mertensotto moved that the meeting be adjourned. Councilman Wahl seconded the motion. TIME OF ADJOURNMENT: 12:04 o' _Ara del 014,detz./(414 7 abaugh Clerk-,reasurer Robert G. Lockwood Acting Mayor