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1973-10-02 Council minutesPage 271 October 2, 1973 VILLAGE OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, October 2, 1973 Pursuant to due call and notice thereof, the regular meeting of the Village Council, Village of Mendota Heights was held at 8:00 o'clock P.M. at the Village Hall, 750 South Plaza Drive, Mendota Heights, Minnesota. Mayor Huber called the meeting to order at 8:00 o'clock P.M. The following members were present: Mayor Huber, Councilmen Lockwood, Losleben, Wahl and Gutzmer. APPROVE Councilman Lockwood moved approval of the minutes MINUTES of the September 18 meeting. Councilman Losleben seconded the motion. Ayes: 5 Nays: 0 FINAL PAYMENT Councilman Wahl moved approval of the final payment CERTIFICATE certificate for the 1973 Seal Coating project to the Allied Blacktop Company in the amount of $11,765.37. Councilman Gutzmer seconded the motion. Ayes: 5 Nays: 0 MENDOTA PLAZA DRAINAGE MISCELLANEOUS Mr. Cy Sheehy was present to discuss drainage problems caused by runoff from the Mendota Plaza Shopping Center (continued from September 18). Mr. Sheehy stated that he has contacted the Minnesota Highway Department relative to highway construction which would affect his property and that the Highway Department has indicated that there are no definite plans for construction prior to 1984. He further stated that he is now planning to further develop the shopping center property. Mr. Sheehy stated that he will return to a future Council meeting with plans for a land fill complete with elevations and pipe sizes for a drainage system. Mr. Tom Condon, 2511 Dodd Road, was present to request permission to move an accessory building from property located at the intersection of T.H. 49 and T.H. 55 to his property located on Dodd Road, the building to be used for storage. Village Administrator Johnson stated that Mr. Condon should apply for a building moving permit so the Page 272 October 2, 1973 Village staff can determine what would be involved in relocating the building. The Council directed that this be handled on an administrative level. ALFONSO -- Mr. Dominic Alfonso, 697 So. Freeway Road, was CONDITIONAL present to request renewal of a conditional use USE PERMIT permit to house pigeons in his garage (granted September 5, 1972). Councilman Lockwood moved that the conditional use permit granted to Dominic Alfonso on September 5, 1972, allowing Mr. Alfonso to house 100 to 150 racing pigeons in the upper half of his garage, be renewed •for one year. Mayor Huber seconded the motion. Ayes: 5 Nays: 0 CORRESPONDENCE The Council acknowledged receipt of the August, 1973 Dakota County Planning and Development Newsletter. The Council acknowledged receipt of a letter from School District 197 regarding a recent meeting of School District, West St. Paul, Mendota Heights and Dakota County officials on pedestrian traffic on Delaware Avenue. Village Administrator Johnson stated that the letter indicates that school district officials have formally requested a study of the matter by Dakota County. LEAGUE OF MINNESOTA Village Administrator Johnson outlined a meeting MUNICIPALITIES notice received from the League of Minnesota MEETING NOTICE Municipalities on regional meetings to be held on October 3 and October 10. RgguEsT FOR SANITARY SEWER AND WATER MISCELLANEOUS The Council acknowledged receipt of a letter from Mr. Lyall Devereaux, 1633 So. Victoria, requesting that theVillage service his home in Lilydale with sanitary sewer and water. Mayor Huber directed the Village Attorney to study the request to determine whether the extension of sewer and water to this property would jeopardize the Village's position in the property dispute between Mendota Heights and Lilydale. Mayor Huber stated that he has received a letter from the Dakota County Administrator requesting that the Council appoint a Village resident to be a member of a committee charged with the responsibility of determining a good use for the present County Courthouse after County operations are moved to the new facility. Mayor Huber asked the Councilmen to submit names of candidates to the Village Administrator. PARK COMMISSION MINUTES PLANNING COMMISSION MINUTES PLANNING COMMISSION CASE NO. 73-14, CLAYTON Ayes: 5 Nays: 0 PLANNING COMMISSION CASE NO. 73-20, SPRING COMPANY Ayes: 5 Nays: 0 SQUAD CAR REVISED ZONING ORDINANCE Page 273 October 2, 1973 The Council acknowledged receipt of the minutes of the August 22 Parks and Recreation Commission meeting. The Council acknowledged receipt of the minutes' of the September 25 Planning Commission meeting. Mayor Huber pointed out that the Planning Commission recommended denial of the application for subdivision of property located at 525 Mears Avenue. Mayor Huber moved that the application for subdivision of property be denied. Councilman Lockwood seconded the motion. Councilman Wahl moved that the application of the Spring Company for a sign (with channel letters) to be located in the Mendota Plaza be approved. Councilman Losleben seconded the motion. Village Administrator Johnson stated that he has received a memo from Police Chief'Baldwin requesting that the Village start the process for purchasing two squad cars for the Police Department for 1974. Mr. Johnson outlined the procedure for the Council. Mayor Huber asked if any discussion has been held with the Police Chief regarding purchasing the squads without going through the bidding procedure, hopefully ending up with more suitable squads. Village Administrator Johnson stated that State law allow s informal bids for purchases up to $5,000. Mayor Huber directed the Village Administrator to begin the procedure for purchasing the cars and that he will contact the Administrator relative to finding alternatives to the present purchasing procedure. Village Administrator Johnson gave a brief background on the proposed revisions to the Zoning Ordinance. He resubmitted to the Council a memo from Village Planner Jim Ruone outlining five issues which need to be resolved prior to Council adoption of the revise d Ordinance (the memo was originally distributed on August 21). Following are the five issues and the Council's resolution of the,issues: 1. Pages 27 & 28, Sec. 4.16: Are there any areas within the Village where development would be allowed without public sanitary sewer and water -- if such development would not be allowed, is this section required? It was the determination of the Page 274 October 2, 1973 Council that Sec. 4.16 should be deleted, which would allow the Council to permit, by variance, development in areas which are not serviced by public sanitary sewer and water. 2. Page 34, Sec. 5.6(4) Planning Commission Notice and Hearing on Application for Conditional Use Permit: Should notices of Public Hearings on Conditional Use Permits held by the Planning Commission be published (in addition to publishing similar notices of hearing held by the Village Council) in the legal newspaper? The Council determined that the provision calling for publication of Planning Commission hearing notices should be deleted. 3. Page 37, Sec. 5.7(5) Publication of Planning Commission Hearing Notice on Rezoning: (same question as issue two). The Council determined that the provision requiring publication of the Planning Commission hearing notice should be deleted. 4. Page 41, Sec. 7.1(4) Permitted Uses in "R-1" District: Does the Village want the right to store maintenance equipment, trucks and materials in "R" districts without limitation? The Council directed that "excluding storage of maintenance equipment and trucks over 11/2 tons, stockpiling of aggregate and open storage of material, but including fire fighting apparatus" be deleted. 5. Page 42, Sec. 7.2(7): Does not allow accessory structures (other than private garages) within an "R" district except as a conditional use. Should the ordinance allow accessory structures up to a specific size? The Council directed that this section be revised to allow accessory structures up to 8 by 10 feet or 80 square feet in size. Mayor Huber moved that a public hearing to consider the adoption of the revised Zoning Ordinance be held at 8:00 o'clock P.M., November 6 and directed the Village Attorney to publish the notice of hearing. Councilman Wahl seconded the motion. Ayes: 5 Nays: 0 PURCHASE OF Village Attorney Winthrop stated that in the process PROPERTY of examining the title to the Shaughnessy/Young property it was discovered that they do not have clear title to .18 acre of the property. He further stated that he has suggested to the owners that $1,000 be deducted from the proposed $16,700 purchase price and Ayes: 5 Nays: 0 LIST OF CLAIMS Ayes: 5 Nays: 0 LICENSES Ayes: 5 Nays: 0 1974 BUDGET Ayes: 5 Nays: 0 Page 275 October 2, 1973 that the owners will make every effort to gain clear title to the .18 acre and if this is accomplished before December 31, 1975, the owners will convey title to said property to the Village for a purchase price of $1,000. Councilman Lockwood moved the adoption of Resolution Number 73-75, "RESOLUTION AUTHORIZING AMENDMENT TO SHAUGHNESSY/YOUNG PURCHASE AGREEMENT." Councilman Losleben seconded the motion. Village Administrator Johnson stated that the following claims have been added to the List of Claims for Council approval: Beckman, Yoder & Seay $410.00 Jack Anderson Associates 691.10 Mayor Huber moved the Council to adopt the following Motion: RESOLVED that the claims submitted to the Village 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 2, 1973, having been audited by the Village Council, be and are hereby allowed and the Mayor and Clerk-Treasurer of the Village of Mendota Heights are hereby authorized, and directed to issue Village checks in payment of said claims. Councilman Gutzmer seconded the motion. Councilman Wahl moved approval of the list of licenses, granting licenses to: Rumpca Excavating, Inc. Safeway Movers Spring Plumbing Co., Inc. Louis H. Peter Co. Aquarius Heating & Plumbing, Inc. Skarda Plumbing & Heating Excavating License House Movers License Plumbing License Plumbing License Plumbing License Plumbing License Mayor Huber seconded the motion. Mayor Huber moved the adoption of the proposed 1974 Budget. Councilman Gutzmer seconded the motion. 1974 TAX LEVY Ayes: 5 Nays: 0 ADJOURN Ayes: 5 Nays: 0 Page 276 October 2, 1973 Councilman Gttzmer moved the adoption of Resolution Number 73-76, "RESOLUTION APPROVING 1974 TAX LEVY COLLECTIBLE IN 1974." Councilman Lockwood seconded the motion. There being no further business to come before the Council, Mayor Huber moved that the meeting be adjourned. Councilman Gutzmer seconded the motion. TIME OF ADJOURNMENT: 11:00 o'clock P.M. ATTEST: Donald L. Huber Mayor abaugh Clerk -T easurer