1974-10-01 Council minutes• Page 433
October 1, 1974
CITY. OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Regular Meeting
Held Tuesday, October 1, 1974
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. in the
City • Hall, 750 South Plaza Drive, Mendota Heights, Minnesota.
Acting Mayor Lockwood called the meeting to order at 8:05 o'clock P.M. The
following members were present: Acting Mayor Lockwood, Councilmen Losleben,
Wahl and Gutzmer. Mayor Huber had notified the Council that he would be
absent.
APPROVE Councilman Wahl moved approval of the minutes of the
MINUTES September 17 meeting with corrections.
Councilman Gutzmer seconded the motion.
Ayes: 4
Nays: 0
HEARING -- Acting Mayor Lockwood opened the meeting for the purpose of
CONDITIONAL USE a hearing on an application for conditional use permit from
PERMIT Dr. Thomas Koepke for construction of a veterinary hospital.
Acting Mayor Lockwood turned the meeting over to the City
Administrator for background and history of the application.
Administrator Johnson stated that a notice of hearing had been
published in the West St. Paul Sun and that notices had been
sent to the owners of property within 350 feet of the
proposed hospital site. He stated that the purpose of the
hearing is to determine whether to issue a conditional use
permit to construct an animal hospital in a B-2 district, and
if so, to determine what conditions should be imposed.
Acting Mayor Lockwood asked for questions and comments from
the audience.
Dr. Tom Koepke presented the proposed building plans, stating
that the building will be located at the southeast corner of
Dodd Road and Freeway Road and that there will be access from
both streets. He explained the plans for the exterior and
interior of the building and stated that the exterior surface
will be split-face brick on the front and both sides and
the back will be surfaced with scored concrete blocks painted
to match the brick. Mr. Pete Senty, representing the
contractor, stated that the drainage plans have not been
approved by the Minnesota Highway Department and that new
plans are being prepared.
Mr. Brian Birch asked that consideration be given to a sewer
and water extension along Freeway Road to serve his property,
and the Einess properties as well as Dr. Koepke's property.
The Council suggested that Mr. Birch submit a petition.
Ayes: 4
Nays: 0
Ayes: 4
Nays: 0
FINAL PAYMENT,
1974 SEAL COATING
Ayes: 4
Nays: 0
MENDOTA WATER
COMPANY
Ayes: 4
Nays: 0
Page 434
October 1, 1974
There being no further questions or comments,
Councilman Losleben moved that the meeting be closed.
Councilman. Gutzmer seconded the motion.
The hearing was closed at 9:00 o'clock P.M.
Acting Mayor Lockwood directed the City Administrator, Engineer
and Public Works Inspector to study the new drainage plans when
they are completed. The Council members had some question
about the setback requirement on the northeast corner of the
building, whether it should be considered a sideyard or rear
yard setback.
Attorney Winthrop stated that the matter of exchanges of
property between Dr. Koepke and Brian Birch should be
considered. He pointed out that the subdivision ordinance
requires platting for parcels of property less than 21/2 acres.
He also pointed out that this would be a simple exchange of
property to improve both parcels and that if the conditional
use permit is approved, the resolution could provide a waiver
of the subdivision ordinance requirements upon submission
of the formal legal descriptions which must be filed with the
Register of Deeds office.
Acting Mayor Lockwood moved that the City Attorney be
directed to prepare a resolution to approve the conditional
use permit upon submission of the proper documents for waiver
of the platting requirements and upon satisfactory resolution
of the drainage problems.
Councilman Losleben seconded the motion.
Councilman Wahl moved approval of the final payment certificate
for the 1974 Seal Coating contract to Bituminous Roadways, Inc.
of Minneapolis in the amount of $10,452.05.
Acting Mayor Lockwood seconded the notion.
The Council acknowledged receipt of a letter from
Mr. Arvid Rued, 787 Keokuk Lane, regarding the Mendota Water
Company rate increase request. Councilman Gutzmer recommended
that Mr. Rued's letter and recommendations be referred to the
City Attorney and Financial Advisor for study and response.
During the Council discussion of the rate increase request,
it was pointed out that the Water Company has made no formal
response to the Council's action of August 20 regarding system
deficiencies and associated correspondence to the Mendota
Water Company notifying them to make plans for corrective
measures (to the satisfaction of the City Council.)
Councilman
Company be
meeting to
plans.
Councilman
Gutzmer moved that officials of the Mendota Water
requested to be present at the October 15 Council
give a progress report on the system improvement
Wahl seconded the motion.
LILYDALE SEWER
AND WATER
• Ayes: 4
Nays: 0
Page 435
October 1, 1974
The Council acknowledged receipt of a letter from
Mr. and Mrs. Al Classen, requesting sanitary sewer service .
to their home at 982 Sibley Highway, in Lilydale.
Administrator Johnson recommended that the request be approved
and that the estimated charge for the service connection is
$2,635.
Councilman Wahl moved the approval of a sanitary sewer
extension to serve 982 Sibley Highway, subject to conditions
imposed on similar requests and subject to verification of
the connection charge by the City Engineer.
Councilman Losieben seconded the motion.
COMMISSION The Council acknowledged and discussed the August 28 Park
REPORTS and Recreation Commission minutes and the September 24
Planning Commission minutes. Administrator Johnson advised
the Council of the Planning Commission desire to invite the
Council members to the October 22 meeting to discuss west end
reshaping and transportation matters.
PLANNING The Council discussed the application for a five-foot variance
COMMISSION CASE from the sideyard setback requirement submitted by
NO. 74-19, BERSKOW Mr. A.T. Berskow, 1305 Furlong Avenue. It was noted that the
Planning Commission recommended that the application be
denied.
Ayes: 4
Nays: 0
MARIE AVENUE
SWAN LANE
Ayes: 4
Nays: 0
On the basis of the Planning Commission recommendation and the
fact that no hardship is involved, Acting Mayor Lockwood
moved that the variance be denied.
Councilman Losleben seconded the motion.
City Attorney Winthrop gave the Council a report on the status
of the Temporary Restraining Order involving Marie Avenue
Construction, Dodd Road to Victoria Avenue. Dr. C.N. McCloud
was present and stated that he strongly objects to moving
the street to the north and would not be amenable to City
acquisition of any additional property from him for Marie
Avenue right-of-way.
After a brief discussion, Councilman Losieben moved that the
City Attorney be directed to prepare an ordinance to change
the name of Swan Lane to Swan Drive.
Councilman Wahl seconded the motion.
MUNICIPAL LIQUOR Attorney Winthrop stated that he has researched the subject of
• split liquor and a referendum for on-sale liquor licenses, and
that it is his opinion that the Council could call for a
referendum for private on-sale liquor licenses and, if approved,
issue such licenses prior to operating a municipal off-sale
liquor store without losing the right to open a municipal
store. He stated that since legislation on this matter is
Ayes: 4
Nays: 0
FEASIBILITY STUDY,
SOMERSET PARK
SANITARY SEWER
MISCELLANEOUS
TRAFFIC CONTROL
DEVICE INVENTORY
Ayes: 4
Nays: 0
ELECTION JUDGES
Ayes: 4
Nays: 0
DELINQUENT SEWER
RENTALS
Ayes: 4
Nays: 0
Page 436
October 1, 1974
somewhat vague, he would would recommend the Council request
an Attorney General's opinion on the matter.
Councilman Wahl moved that the Attorney be directed to prepare
an opinion, and if he deems so necessary, to request an opinion
from the Attorney General.
Councilman Gutzmer seconded the motion.
The Council acknowledged receipt of a feasibility study on
sanitary sewer extension to to service property within the
Somerset Park area. The Council directed that copies of the
report be submitted to the property developers for response
and that the matter be placed on the October 15 agenda.
The Council acknowledged receipt of the September, 1974
Engineering Status Report.
The Council acknowledged receipt of a memo from the Public
Works Inspector regarding federal funding for the installation
of uniform traffic control devices. Administrator Johnson
stated that of all the traffic control signs in Mendota Heights
it is doubtful that 15% meet the uniform standards for size,
height, shape, etc. He stated that under this program, all of
the non-conforming signs would have to be changed.
Public Works Inspector explained the program and stated that
if application is made in the near future, the cost sharing
would be 90% federal and 10% city. The Council expressed
concern that citizen input be solicited prior to making any
commitment towards purchase of the signs.
Councilman Gutzmer moved that the staff be directed to make
application for federal highway safety funds for traffic
control devices.
Councilman Losleben seconded the motion.
Acting Mayor Lockwood moved the approval of the list of
Election Judges for the November 5 General Election.
Councilman Wahl seconded the motion.
Councilman Wahl moved adoption of Resolution No. 74-89,
"RESOLUTION CERTIFYING DELINQUENT SANITARY SEWER RENTAL
CHARGES TO THE DAKOTA COUNTY AUDITOR FOR COLLECTION WITH REAL
ESTATE TAXES."
Councilman Losleben seconded the motion.
LIST OF
CLAIMS
Ayes: 4
Nays: 0
LICENSES.
Ayes: 4
Nays: 0
1975 BUDGET
Ayes: 4
Nays: 0
ADJOURN
Ayes: 4
Nays: 0
Page 437
October 1, 1974
Acting Mayor Lockwood moved the adoption of the following
motion:
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,
October 1, 1974, 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 licenses to:
Stratton-Nielson Company
William F. Murr Plumbing, Inc.
Wren Inc.
Foley Stucco Company
William F. Murr Plumbing, Inc.
Nichols Construction Company
General Contractor License
Plumbing License
House Mover License
Masonry License
Heating License
General Contractor License
Acting Mayor Lockwood seconded the motion.
Administrator Johnson outlined for the Council the proposed
1975 Budget document, and the Council discussed the matter
at length.
Councilman Wahl moved the adoption of Resolution Number 74-90,
"RESOLUTION APPROVING 1974 TAX LEVY, COLLECTIBLE IN 1975."
Councilman Gutzmer seconded the motion.
There being no further business to come before the Council,
Councilman Gutzmer moved that the meeting be adjourned.
Acting Mayor Lockwood seconded the motion.
TIME OF ADJOURNMENT: 12:38 o'clock A.M.
ATTEST:
Robert G. Lockwood
Acting Mayor
idabaugh, C -,k-Treasurer