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1973-06-05 Council minutesPage 222 June 5, 1973 VILLAGE OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, June 5, 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, Wahl, Gutzmer and Losleben. APPROVE MINUTES Councilman Gutzmer moved approval of the minutes of the May 1 meeting. Councilman Wahl seconded the motion. Ayes: 5 Nays: 0 SOMERSET NO. 2 Councilman Gutzmer moved adoption of Resolution Number 73-42, "RESOLUTION ACCEPTING PETITION AND ORDERING IMPROVEMENTS FOR SOMERSET NO. 2 SUBDIVISION (IMPROVEMENT NO. 72, PROJECT NO. 6." Councilman Lockwood seconded the motion. Ayes: 5 Nays: 0 BID AWARD Ayes: 5 Nays: 0 METROPOLITAN LEAGUE OF MUNICIPALITIES ANNUAL MEETING Village Engineer Kishel presented of bids received for improvements area and recommended that the bid bidder, Valley Rich Company, Inc. of $66,987.90. to the Council a tabulation to serve the Somerset No. 2 be awarded to the lowest of Rosemount in the amount Mayor Huber moved adoption of Resolution Number 73-43, "RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR CONSTRUCTION OF SANITARY SEWERS, WATER MAINS, STORM SEWERS AND STREET IMPROVEMENTS TO SERVE THE SOMERSET NO. 2 SUBDIVISION (IMPROVEMENT NO. 72, PROJECT NO. 6)." Councilman Lockwood seconded the motion. The Council acknowledged receipt of a notice of the 1973 Annual Meeting of the Metropolitan League of Municipalities to be held Wednesday, June 13 at 8:00 P.M. at the Edina Village Hall. Mayor Huber moved that the Village Administrator be the official delegate to the annual meeting and that Page 223 June 5, 1973 Councilman Lockwood be the alternate delegate. Councilman Losleben seconded the motion. Ayes: 5 Nays: 0 PETITION FOR The Council acknowledged receipt of a letter from SEWER David N. Cox, 1187 Culligan Lane and a petition requesting IMPROVEMENTS installation of a sanitary sewer system for Section #27, including Highway 110 frontage road, Hunter Lane, Culligan Lane, Orchard Place and Lexington Avenue. Councilman Losleben moved adoption of Resolution No. 73-44, "RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT ON SANITARY SEWER IMPROVEMENTS TO SERVE SECTION #27, INCLUDING HIGHWAY 110 FRONTAGE ROAD, HUNTER LANE, CULLIGAN LANE, ORCHARD PLACE AND LEXINGTON AVENUE." Councilman Wahl seconded the motion. Ayes: 5 Nays: 0 PETITION FOR The Council acknowledged receipt of a letter from Northland STREET AND Land Company petitioning the Council to initiate sanitary sewer, UTILITY storm sewer, street and curb and gutter improvements for IMPROVEMENTS Transport Drive and street and curb and gutter improvements on Mendota Heights Road. Councilman Gutzmer moved adoption of Resolution No. 73-45, "RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT ON SANITARY SEWER, STORM SEWER, STREET AND CURB AND GUTTER IMPROVEMENTS FOR TRANSPORT DRIVE AN5 STREET AND CURB AND GUTTER IMPROVEMENTS FOR MENDOTA HEIGHTS ROAD." Councilman Lockwood seconded the motion. Ayes: 5 Nays: 0 COMMUNICATIONS The Council acknowledged receipt of a letter from Mr. Calvin Floerke, 737 Decorah Lane, requesting that the Village parks be provided with trails for mini-bikes, cycles and snowmobiles. Mayor Huber directed that the letter be referred to the Parks and Recreation Commission. PETITION FOR IMPROVEMENTS The Council received a petition for street improvements on Lansford Lane from the end of the pavement to the Bachelor Avenue intersection. Village Administrator Johnson stated that the signers of the petition are aware that at some time in the future sanitary sewer improvements will be constructed in this area and that the prevailing question is how permanent a street and curb and gutter improvement should be constructed. Ayes: 5 Nays: 0 PLANNING COMMISSION MINUTES PLANNING COMMISSION CASE NO. 73-12, HUMPAL PLANNING COMMISSION CASE NO. 73-13, McCARDLE Ayes: 5 Nays:0 SOMERSET "19" Page 224 June 5, 1973 Mayor Huber moved adoption of Resolution Number 73-46, "RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT ON STREET AND CURB AND GUTTER IMPROVEMENTS TO SERVE LANSFORD LANE FROM THE END OF THE PAVEMENT TO THE BACHELOR AVENUE INTERSECTION." Councilman Losleben seconded the motion. The Council acknowledged receipt of the May 22, 1973 Planning Commission minutes. Village Administrator Johnson stated that the Planning Commission has recommended approval of the application for a 3'4" variance from the front yard setback so that Mr. Humpal can construct a four car garage at 699 Callahan Place. Mr. Johnson stated that the Village Planner has prepared a report on this case and that the report was not available to the Planning Commission when their recommendation was made. Mayor Huber referred the matter back to the Planning Commission for their consideration of the Planner's report and directed the Village Attorney to prepare a report for the June 26 Planning Commission meeting on whether or not Mr. Humpal's use for the garage would be considered a violation of Village Ordinances pertaining to home occupations. Mr. Dennis McCardle was present to request an 8' variance from the rear yard setback requirement at 2159 Fox Place so that he can make an addition on to his existing kitchen. (Planning Commission recommended approval.) Councilman Wahl moved approval of the application for an 8' variance from the rear yard setback requirement at 2159 Fox Place. Councilman Losleben seconded the motion. Village Administrator Johnson stated that the Planning Commission has recommended approval of the roadway portion of the landscape plans for Somerset "19" dated September 7, 1972. The Council acknowledged receipt of a report from the Village Planner on the landscape plans. Councilman Wahl stated that according to the Midwest Planning report on the landscape plans, many things are inadequate and that this report should be strictly adhered to. Councilman Losleben moved that the matter be referred back to the Planning Commission for a determination of whether or not a variance is required for the proposed parking area near Ayes: 5 Nays: 0 PROPOSED ZONING ORDINANCE CHANGES -- ST. PAUL AND WEST ST. PAUL PARKS AND RECREATION COMMISSION MINUTES IVY HILLS TOWNHOUSES Ayes: 5 Nays: 0 TAX FORFEIT PROPERTY Page 225 June 5, 1973 the east building and that the Planner's report on the landscape plans be referred to the Planning Commission for consideration. Councilman Gutzmer seconded the motion. Village Administrator Johnson stated that the Cities of St. Paul and West St. Paul are considering zoning changes and that the Village Planner has prepared a report for the Planning Commission and Village Council outlining the effects of the proposed changes on the Village of Mendota Heights. It was the opinion of the Village Planner that the proposed zoning changes would have no adverse affects on the Village. Councilman Wahl requested that the Village Administrator check the proposed rezoning east of Delaware and south of Marie. The Council acknowledged receipt of the minutes of the April 25 and May 9 Parks and Recreation Commission meetings. Mr. Robert Nelson, of U.S.D.C., was present to request permission to construct a retaining wall and sidewalk south of the Ivy Hills Townhouse complex and to change the original exterior design of building C-4 from brick to aluminum siding. Village Administrator Johnson stated that the Village Engineer and a landscape architect should have some input into the solution of the drainage problem for this complex. Mayor Huber moved the approval of a variance in the Planned Unit Development to allow Building C-4 to be sided with aluminum siding upon the condition that U.S.D.C., at their own expense, work with the Village Engineer, a landscape architect and Village staff to correct the drainage problem to the satisfaction of the Village. Councilman Gutzmer seconded the motion. Village Administrator Johnson stated that the County has submitted to the Village a request to concur and approve the non-conservation classification of six parcels of tax forfeit property. Mr. Johnson recommended that this classification be approved and that the Village ask that three of the parcels be transferred to Village ownership: Parcel No. 27493-Al (needed for right-of-way for William Court);, Parcel No. 27493-Af (needed for further right-of-way for turning movements between Butler and Spring); Parcel No. 28910 (to be used for playground purposes in the Curley Addition: the Village must be prepared to absorb the outstanding assessments amounting to $4,573.19). June 5, 1973 Page 226 The Village Council concurred with the non-conservation classification for the six tax forfeit properties. Mayor Huber moved adoption of Resolution No. 73-47, "RESOLUTION FILING APPLICATION FOR CONVEYANCE OF TAX FORFEIT LANDS." Councilman Wahl seconded the motion. Ayes: 5 Nays: 0 WENTWORTH Councilman Wahl moved adoption of Resolution No. 73-48, AVENUE "RESOLUTION REQUESTING A STUDY AND SPEED LIMIT DETERMINATION SPEED STUDY FOR WENTWORTH AVENUE (COUNTY ROAD 8)." Councilman Losleben seconded the motion. Ayes: 5 Nays: 0 LEAGUE OF Village Administrator Johnson stated that in veiw of the MINNESOTA proposed L.M.M. dues increase and constitution changes, MUNICIPALITIES someone should be named as an official delegate to the DUES INCREASE League convention to be held June 29. Mayor Huber moved that Village Administrator Johnson be named Village delegate to the League of Minnesota Municipalities convention. Councilman Losleben seconded the motion. Ayes: 5 Nays: 0 FEDERAL Village Administrator Johnson outlined for the Council the REVENUE proposed distribution of Federal Revenue Sharing funds for SHARING the period from January 1, 1973 through June 30, 1973. The breakdown is as follows: Public Safety - $5,000; Environmental Protection $5,000 (proposed as the first installment on a surface water control study); Recreation - $2,000; Financial Administration - $1,403. Ayes: 5 Nays: 0 LIST OF CLAIMS Councilman Wahl stated that he would like to see a portion of the Public Safety monies be used for building code enforcement. Councilman Wahl moved that the Village Administrator's recommendation for the distribution of Federal Revenue Sharing funds be accepted. Councilman Gutzmer seconded the motion. Councilman Gutzmer 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 Ayes: 5 Nays: 0 LICENSES Ayes: 5 Nays: 0 FIREWORKS PERMIT Ayes: 5 Nays: 0 ADJOURN Ayes: 5 Nays: 0 Page 227 June 5, 1973 hereto and identified as List of Claims submitted for payment, June 5, 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 Losleben seconded the motion. Councilman Wahl moved approval of the list of licenses, granting licenses to: Minnesota Exteriors, Inc. Bjorklund Construction Co. Construction Excavators, Inc Sam Zappa Contracting, Inc. Egan & Sons Co. Egan & Sons Co. B.S.T. Inc. Clyde J. Housley General Contractor License General Contractor License .Excavating License 4xcavating License Heating License Plumbing License Masonry License Plaster & Stucco License Mayor Huber seconded the motion. Mayor Huber moved approval of a fireworks permit to be issued to Somerset Country Club for July 4, 1973. Councilman Losleben seconded the motion. 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: 9:37 P.M. ATTEST: Donald L. Huber, Mayor