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1973-08-07 Council minutesPage 248 August 7, 1973 VILLAGE OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, August 7, 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. Acting Mayor Lockwood called the meeting to order at 8:05 o'clock P.M. The following members were present: Acting Mayor Lockwood, Councilmen Wahl, Gutzmer and Losleben. Mayor Huber had notified the Council that he would be late. APPROVE MINUTES Ayes: 4 Nays: 0 LEE'S FLOOR AND JANITOR COMPANY FINAL PAYMENT, IMPROVEMENT NO. 72, PROJECT NO. 7 Ayes: 5 Nays: 0 TAX ABATEMENTS Councilman Wahl moved approval of the minutes of the July 17 meeting. Councilman Losleben seconded the motion. Mr. Jim Lee, of Lee's Floor and Janitor Company, and Mr. Carmen Tuminelly requested Council consideration of their proposal to construct a building to house Lee's Floor and Janitor Company. The Council acknowledged receipt of a memo from Village Planner Jim Ruone on the proposed building. Mayor Huber arrived at 8:16 o'clock P.M. Mr. Tuminelly stated that the building would be a one-story structure with no basement and would be located on the Kirchner property adjacent to the Fire Hall. Mayor Huber directed that the matter be referred to the Planning Commission. Councilman Wahl moved the adoption of Resolution Number 73-59, "RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT (IMPROVEMENT NO. 72, PROJECT NO. 7)." approving the final payment certificate in the amount of $579.55 to Robert W. Moore Company. Councilman Losleben seconded the motion. County Assessor John O'Toole was present to request approval of tax abatements on the following parcels of property: Ayes: 5 Nays: 0 MARIE AVENUE IMPROVEMENTS ZONING ORDINANCE KOPP/GEARMAN PLAT Page 249 August 7, 1973 Parcel #26120, Esther B. Kirchner Parcel #26121, Esther B. Kirchner Parcel # 26126-A, Esther B. Kirchner Parcel #26178B1a, Henry Rosenberger Parcel #28915, Thomas O. Curley Parcel #28897, Thomas O. Curley Councilman Gutzmer moved that an abatement be granted to Henry Rosenberger for Parcel #26178B1a, reducing assessed value from 6,800 to 559 taxes payable in 1973. Mayor Huber seconded the motion. The Council referred the balance of the requested abatements back to the County for reconsideration. The Council acknowledged receipt of a letter from Mr. Robert Maher, 646 West Marie Avenue, regarding proposed Marie Avenue improvement. The Council also acknowledged receipt of letters from Mr. Gordon Fay, State Aid Engineer and Mr. D.R. McFadden, District State Aid Engineer. Mayor Huber stated that the letter from the State Aid officials indicate that a 36' width from Dodd Road to Delaware Avenue would be approved but that stage construction will not be approved, and that the requested 36' width from Dodd Road to Victoria will not be approved. Mayor Huber briefly answered the questions in Mr. Maher's letter. Mayor Huber directed that a work session be scheduled for Monday, August 13 at 7:30 P.M. in the Village Hall to discuss M.S.A. financing, and requested that the proposed Marie Avenue improvements be tabled until the August 21 meeting. Village Attorney Winthrop stated that the final draft of the revised Zoning Ordinance has not been completed and requested that the matter be postponed until the August 21 meeting. The Village Council acknowledged receipt of letters from Village Engineer Kishel and Park Commission Chairman Stefani regarding the Kopp/Gearman park donation Village Administrator Johnson stated that Mr. Kopp and Mr. Gearman had not been notified that this matter would be discussed at this meeting. Mayor Huber directed that the matter be tabled until August 21 and that Mr. Kopp and Mr. Gearman should be notified that the METROPOLITAN LEAGUE OF MUNICIPALITIES MEETING ACTION PLAN NEWSLETTER MARIE AVENUE PARK SITE PARK COMMISSION MISCELLANEOUS PLANNING COMMISSION MINUTES PLANNING COMMISSION CASE NO. 73-18, HANZEL Ayes: 5 Nays: 0 Page 250 August 7, 1973 matter will be discussed at that time and should be given copies of the reports. The Council acknowledged receipt of a notice of a Metropolitan Legislative Study Group No. 4 meeting to be held on August 8 at 6:30 P.M. at the Golden Steer. The Council delegated Village Administrator Johnson to be the Village representative at this meeting. Village Administrator Johnson stated that the Minnesota Highway Department has sent to the Village office a copy of an Action Plan Newsletter which stated that an informational meeting on the Highway Department decision making and planning processes will be held at th State Office Building Auditorium on Tuesday, September 4 at 7:00 P.M. The Council directed that the newsletter be sent to Mrs. Kathy Ridder. Mayor Huber acknowledged receipt of and read a letter from Mr. Stanley E. Karon and a petition from 57 residents of Highland Heights stating that the pond being constructed within the Marie Avenue Park site is unsafe and requesting that the pond be removed or safely fenced. Mayor Huber requested that Park Commission Chairman Stefani call a special Commission meeting to give the residents a background on the park improvements and suggested that the Commission review the plans to see if the construction of the pond is still valid and to see if a solution can be found. Park Commission Chairman Stefani stated that a preliminary meeting will be held with the Village Engineer on August 9 and Councilman Losleben stated that he would be present at that meeting. The Council acknowledged receipt of a letter from Park Commission Chairman Stefani in response to Mr. Calvin Floerke's letter requesting that snowmobile and cycle trail systems be included in the Park improvements. Mayor Huber directed that a copy of the letter be sent to Mr. Floerke. The Council acknowledged receipt of the July 24 Planning Commission minutes. Councilman be granted so that Mr. Councilman Lockwood moved that a 6' sideyard variance to Mr. Charles H. Hanzel, 1970 Knob Road, Hanzel can construct a garage. Losleben seconded the motion. EAGLE RIDGE PUBLIC BIRCH COMPANY Ayes: 5 Nays: 0 SPRING COMPANY SIGN PERMIT REQUEST FOR WATER SERVICE CHANGE ORDER NO. 2 SOMERSET NO. 2 Ayes: 5 Nays: 0 DUTCH ELM DISEASE Ayes: 5 Nays: 0 Page 251 August 7, 1973 Request for approval of construction of three townhouse units. Building Inspector Bjorklund stated that the Council has previously approved the site plan and concept and has given permission to do the excavation. Mayor Huber stated that the easements for Marie Avenue have not been received from Carmen Tuminelly as yet and directed Mr. Bjorklund to notify Mr. Tuminelly that the Village will stop the excavation unless the easements are received within a week. Mr. Henry Rosenberger was present to discuss the feasibility of servicing the undeveloped property north of Somerset School and west of Dodd Road with sanitary sewer and water. Councilman Wahl moved that the license fee in the amount of $25.00 submitted by the Birch Company as an application fee for a heating license be refunded since the application has been denied. Councilman Gutzmer seconded the motion. Mayor Huber directed that the Spring Company application for sign permit be referred to the Planning Commission. The Council acknowledged receipt of a letter from the Village of Lilydale requesting water service for the Colony Apartments and Colony Town Houses located in Lilydale. Mayor Huber directed that the Village Engineer, Village Administrator and Village Attorney calculate a connection charge,; Mayor Huber moved the approval of Change Order No. 2 for Somerset No. 2 (Improvement No. 72, Project No. 6) in the amount of $1,990.00. Councilman Wahl seconded the motion. Councilman Losleben moved the adoption of Resolution No. 73-60, "RESOLUTION CALLING FOR HEARING OINLPROPOSED REMOVAL OF UNSOUND AND DISEASED TREES," with a hearing set for September 4 on the removal of dead and diseased trees in the Ivy Falls area. Councilman Gutzmer seconded the motion; DELAWARE AVENUE PARKING Mayor Huber moved the adoption of Resolution No. 73-61, RESTRICTIONS "RESOLUTION REQUESTING PARKING PROHIBITIONS ON PORTION OF DELAWARE AVENUE." Councilman Gutzmer seconded the motion. Ayes: 5 Nays: 0 POLICE CLERK Ayes: 5 Nays: 0 HOUSE MOVING ORDINANCE ROGERS LAKE OVERFLOW PROJECT -- MINNESOTA HIGHWAY DEPARTMENT AGREEMENT Ayes: 5 Nays: 0 MISCELLANEOUS SOMERSET "19" HOHENSTEIN APPEAL EARNEST MONEY CONTRACT Ayes: 5 Nays: 0 INVESTMENTS Ayes: 5 Nays: 0 Page 252 August 7, 1973 Councilman Losleben moved the adoption of Resolution No. 73-63, "RESOLUTION ESTABLISHING HALF-TIME POLICE CLERK POSITION," the salary for the position to be paid from the Special Police Fund. Councilman Gutzmer seconded the motion. Village Administrator Johnson stated that a proposed house moving ordinance is being prepared for Council approval. Councilman Gutzmer moved the adoption of Resolution No. 73-62, "RESOLUTION APPROVING COOPERATIVE CONSTRUCTION AGREEMENT WITH MINNESOTA HIGHWAY DEPARTMENT." Councilman Losleben seconded the motion. Councilman Lockwood stated that Mr. & Mrs. William Russ have a potential buyer for their property on Wachtler Avenue and would like to know the feasibility of constructing sanitary sewer along the property. Mayor Huber directed that Village Administrator Johnson contact the potential buyer to see if the buyer would be willing to bear the cost of the installation of sewer. The Council directed Village Administrator Johnson to check the east (blacktopped) parking lot at Somerset "19" to see if it conforms with Village ordinance. Village Attorney Winthrop stated that District Court has sustained the assessment levied against the Karl Hohenstein property (Improvement No. 70, Project No. 5). Mayor Huber moved the adoption of Resolution No. 73-64, "RESOLUTION AUTHORIZING PURCHASE OF SHAUGHNESSY/YOUNG PROPERTY," in the amount of $16,700. Councilman Gutzmer seconded the motion. Mayor Huber moved that the Village Clerk-Treasurer be authorized to reinvest Park funds in the amount of $300,000. Councilman Losleben seconded the motion. LIST OF CLAIMS Ayes: 5 Nays: 0 LICENSES Ayes: 5 Nays: 0 Page 253 August 7, 1973 Councilman Losleben 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, August 7, 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 Lockwood seconded the motion. Councilman Wahl moved approval of the list of licenses, granting licenses to: Hanson Homes, Inc. Fahnings, Inc. Richgels Bros. Const. Co. Minnesota Package Products Weierke Trenching & Excavating Co. Capp Homes, Inc. President Homes Sussell Company Wm. Murr Plumbing Co. Sun Excavating, Inc. Homer's Sewer Service A. Kamish Co. Carlson Sewer & Water, Inc. Maplewood Sewer & Water, Inc. Dahn Excavating Co. St. Paul Plumbing & Htg. Co. Cool Air Mechanical, Inc. William Holzmer North Star Plumbing & Heating, Inc. Maplewood Plumbing & Heating, Inc. Thompson Plumbing Co. Dakota Plumbing Brede Incorporated General Contractor License General Contractor License General Contractor License Excavating and Masonry Lic. Excavating License General Contractor License General Contractor License General Contractor License Excavating License Excavating License Excavating License Excavating License Excavating License Excavating License Excavating License Heating License Heating License Plastering License Plumbing License Plumbing License Plumbing License Plumbing License Sign License Councilman Gutzmer seconded the motion. ADJOURN Ayes: 5 Nays: 0 Page 254 August 7, 1973 There being no further business to come before the Council, Councilman Gutzmer moved that the meeting be adjourned. Councilman Wahl seconded the motion. TIME OF ADJOURNMENT: 11:47 o'clock P.M. ATTEST: Donald L. Huber, Mayor Clerk adabaugh Treasure