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1975-03-04 Council minutesPage 493 March 4, 1975 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, March 4, 1975 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 Gutzmer, Losleben and Wahl. Mayor Huber had notified the Council that he would be out of town. APPROVE MINUTES Ayes: 4 Nays: 0 Ayes: 4 Nays: 0 Acting Mayor Lockwood moved the approval of the minutes of the December 23, 1974 meeting. Councilman Gutzmer seconded the motion. Councilman Wahl moved approval of the minutes of the February 18 meeting. Councilman Losleben seconded the motion. LEXINGTON HIGHLAND After a brief discussion of the proposed Lexington Highland EAST/WEST East and West Improvements, Councilman Losleben moved the adoption of Resolution No. 75-20, "RESOLUTION ORDERING CONSTRUCTION OF IMPROVEMENTS TO SERVE THE LEXINGTON HIGHLAND ADDITIONS AND ADJACENT AREAS AND ORDERING FINAL PLANS AND SPECIFICATIONS THEREFOR (IMPROVEMENT NO. 74, PROJECT NO. 3)." Councilman Wahl seconded the motion. Ayes: 4 Nays: 0 FINAL PLAT, CHERRY HILLS SECOND ADDITION City Administrator Johnson stated that there are two proposed agreements in process regarding the Cherry Hills Second Addition Plat. One of the agreements is between NSP, the Alzada Corporation and the City; the other agreement is a Developers Agreement. City Attorney Winthrop explained the NSP agreement. The agreement would authorize NSP to purchase five of the westerly lots adjacent to the NSP property and this option will expire on July 1, 1976. As part of the agreement, by July 1 if the noise level at the easterly boundary of the NSP property is not 50 decibels or less NSP must exercise the purchase option. In general, the agreement provides that NSP will plant some screening on the boundary between the NSP property and the five lots; they will take the necessary steps to reduce the noise level. NSP will grant the City (at no consideration) an easement across its property Ayes: 4 Nays: 0 ANIMAL HOSPITAL Ayes: 4 Nays: 0 DEPOSITORY OF FUNDS Ayes: 4 Nays: 0 COMMUNICATIONS Page 494 March 4, 1975 for sanitary and storm sewer construction. Mr. Winthrop explained the portions of the agreement dealing with assessments. He also stated that if NSP purchases the property, they will have the right to transfer the property to the City. The City would then maintain the property as a wooded buffer area but will have the right to establish a trailway or bikeway, etc. on the property. Prior to July 1, 197 NSP and the developer will jointly retain an' expert to determine the noise level. Councilman Wahl moved approval of the final plat for the Cherry Hills Second Addition, contingent upon the execution of the appropriate (satisfactory) agreements prior to signing of the plat. Councilman Gutzmer seconded the motion. Mr. Granger Whitney, of Langer Construction Company and Dr. Thomas Koepke presented final building plans for the Koepke Animal Hospital. Landscape plans were not submitted with the building plans. The Council members pointed out that if the building permit is approved, it will remain valid only if satisfactory landscaping plans are submitted to the Council. After a brief discussion, Councilman Losleben moved the adoption of Resolution No. 75-21, "RESOLUTION APPROVING BUILDING PLANS FOR CONSTRUCTION OF ANIMAL HOSPITAL FOR THOMAS E. KOEPKE." Councilman Wahl seconded the motion. The Council acknowledged receipt of a letter from Minnesota Federal Savings regarding public unit accounts and interest rates. Administrator Johnson recommended that Minnesota Federal be authorized as a depository of City funds. Acting Mayor Lockwood moved that Minnesota Federal be approved as a depository of City funds, for 1975. Councilman Losleben seconded the motion. The Council acknowledged receipt of a notice from School District 197 regarding a public hearing on the proposed Delaware Avenue pedestrian way. The hearing is to be held on March 10. The Council acknowledged receipt of a letter from the Mendota Water Company in response to five items raised by the Council at the December 9, 1974 meeting. Page 495 March 4, 1975 DEPARTMENT The Council acknowledged receipt of the Fire Department REPORTS monthly report for January, 1975. PLANNING The Council acknowledged receipt of the minutes of the COMMISSION February 26 Planning Commission meeting. CASE NO. 75-2, KALLIN Ayes: 4 Nays: 0 CASE NO. 74-20, SHEEHY CASE NO. 75-1, PETERSON Ayes: 4 Nays: 0 Mr. Terry Kallin was present to discuss his application for a variance from the sideyard setback requirethent for 703 Second Avenue. After a brief discussion, Councilman Gutzmer moved that a six-foot variance from the thirty-foot sideyard setback requirement at 703 - 2nd Avenue be approved. Councilman Wahl seconded the motion. Mr. Dick Sheehy was present to request approval of a conditional use permit to grade property on the southeast corner of Dodd Road and Highway 110. Mr. Sheehy outlined his proposed plans for the fill, ponding and fencing of the site. The Council discussed the drainage proposal. Councilman Losleben objected to fencing around the ponding area and suggested a 5:1 slope on the sides of the ponding area rather than the proposed 2:1 slope. Councilman Losleben pointed out that if the area is fenced it will become a collection spot for debris. Mr. Sheehy pointed out that it will be his responsibility to maintain the area and he will keep it as clean as possible. After a lengthy discussion of the drainage, ponding area and fence, Acting Mayor Lockwood directed Mr. Sheehy and the staff to contact the Minnesota Highway Department regarding the necessity for fencing and to work with Hickok and Associates to attempt to find an alternate solution to the 2:1 slope. Mr. Lance Peterson was present to request the Council to reconsider his application for a variance to build on an undersized lot, Lots 8 and 9, Block 2, Mortenson's Addition. The matter had been considered at the January 21 Council meeting. Mr. Peterson stated that he has obtained a survey of the property and that he feels he should not be required to pay any back taxes or assessments on this tax-forfeit property prior to granting of the variance. Councilman Losleben moved that the matter be referred back to the Planning Commission and directed Mr. Peterson to prepare a sketch, for presentation to the Planning Commission, showing the proposed situation of a house on the lot and adhering to the required setbacks. Councilman Wahl seconded the motion. ROGERS LAKE BEACH EXPANSION Ayes: 4 Nays: 0 Page 496 March 4, 1975 The Council acknowledged receipt of a report on the Park Bond. Issue status and Administrator Johnson outlined the report. He stated that both acquisition and development of property for the Ivy Hills Park and the expansion of the Rogers Lake beach could be accomplished within the balance of the Park Bond fund. He stated that it is proposed to expand the beach by 180 feet, on the east side of the presently improved beach area. He stated that infoLmal quotations for dredging have been received from G.L. Contracting, in the amount of $2,500 and from A. Kamish and Sons, in the amount of $5,165.50. As part of the G.L. Contracting proposal, the City will purchase the necessary sand and will transport it to the beach area. Councilman Gutzmer moved the approval of the suggested beach expansion plans. Councilman Losleben seconded the motion. MISCELLANEOUS Engineer Kishel advised the Council that bids for the Orchard/Hunter Lane improvements will be received on April 1. FEASIBILITY REPORT WORK MEETING The Council directed the City Administrator and Attorney to prepare a press release on Marie Avenue construction. The Council acknowledged receipt of the feasibility report for proposed Clement/Vandall-area improvements. The Council established a joint Council/Planning Commission special work meeting to be held on March 13 at 7:30 P.M. at City Hall for a discussion of the Surface Water Management Study and proposed Clement/Vandall area improvements. ENGINEERING STATUS The Council acknowledged receipt of the Engineering Status REPORT Report for February, 1975. LIST OF CLAIMS Acting Mayor Lockwood moved the adoption of the following motion: Ayes: 4 Nays: 0 LICENSES Ayes: 4 Nays: 0 RESOLVED, that the claims submitted to the City Council for payment, a summary of which is set forth on the list attached hereto and identified as List of Claims submitted for payment, March 4, 1975, 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 City checks in payment of said claims. Councilman Wahl seconded the motion. Councilman Wahl moved approval of the list of licenses, granting license to: Langer Construction Company General Contractor License Councilman Gutzmer seconded the motion. ADJOURN Ayes: 4 Nays: 0 Page 497 March 4, 1975 There being no further business to come before the Council, Councilman Gutzmer moved that the meeting be adjourned. Councilman Losleben seconded the motion. TIME OF ADJOURNMENT: 11:16 o'clock P.M. ATTEST: Robert G. Lockwood Acting Mayor