Loading...
1972-09-05 Council minutesAPPROVE MINUTES AYES: 5 NAYS: 0 HEARING — ALLEY VACATION AYES: 5 NAYS: 0 AYES: 5 NAYS: 0 Page 89 September 5, 1972 VILLAGE OF 0ENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, September 5, 1972 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, 2010 South Lexington Avenue, Saint Paul, Minnesota. Mayor Huber called the meeting to order at 8:00 o'clock P.M. The following members were present: Mayor Huber, Councilmen Lockwood, Blair, Qutrmer and Wahl. Councilman Blair moved approval of the minutes of the regular meeting held Tuesday, August 15, 1972 with corrections. Councilman Gutzmer seconded the motion. Mayor Huber opened the meeting for the purpose of a public hearing for alley vacation in Block 9, T.T. Smith's Subdivision Number 3. Orvil Johnson stated that on July 28 a letter from 0r. Harry Ray and a petition for the vacation from 0r. William Powell were received. He pointed out that some years ago this matter had been considered but the alley was never vacated. Mayor Huber asked if there were any objections to the vacation and there were none. Mayor Huber moved that the hearing be closed. Councilman Wahl seconded the motion. Mayor Huber moved approval of Resolution Number 511, "RESOLUTION AUTHORIZING VACATION OF ALLEY." Councilman Gutzmer seconded the motion. COMMUNI- CATIONS Page 90 September 5, 1872 Mayor Huber acknowledged receipt of correspondence from the Lower Minnesota River Watershed District; letter from Governor Anderson on I-35E; and a letter and copy of a resolution from Dakota County on I-35E. LASSCO — 0r. George Nason summarized a letter submitted to the SOMERSET II Council by Lassco and requested approval of the preliminary plat and issuance of a building permit. Mayor Huber stated that lots two and six are not saleable lots and voiced his concern that the lots would be sold without sewer and water. He stated that some provision must be made that the lots should not be sold under existing conditions. He stated that there should be a covenant in the dded for the provision of sewer and water to the property lines of these two lots. AYES: 5 NAYS: 0 AYES: 5 NAYS: 0 EAGLE RIDGE 0r. Abramson stated that Lassco mould be willing to say that if it came to the point where someone had to put this line in, there would be a provision in the plat that the lots could not be sold or built upon until sewer and water are provided for those lots. Mayor Huber directed that 0r. Johnson meet with the Lassco people to discuss their letter and to form agreement on grading details, safeguards, and controls and protection against erosion. Councilman Wahl suggested that Lassco furnish a surety bond for the grading. Mayor Huber stated that the specifications for the bond will be determined in the meeting between the Administrator and the Lassco people. Councilman Gutzmer moved that the Engineer be instructed to prepare plans and specifications for the storm sewer ' and a cost estimate for the storm sewer for the Lassco property. Councilman Wahl seconded the motion. Councilman Gutzmer moved approval of the preliminary plat for the Lassco property as revised on August 31, 1972. Councilman Wahl seconded the motion. 0r. Carmen Tuminelly was present to request approval of the final plat for the second phase of Eagle Ridge -- 53 condominium units. He stated that there will be 72 underground parking units and 53 units of parking on AYES: 5 NAYS: 0 PLANNING COMMISSION CASE #72— 17 — GARVEY Page 91 September 5, 1972 the site. All recreational facilities will be contained on the site. Councilman Wahl stated that there should be a mechanical plan and that it should be incorporated with the signatures. Councilman Lockwood requested that before a final plan is submitted, the square footage for Lot 1, Block l should be computed and submitted to the Village. Mayor Huber moved approval of the preliminary plat subject to an audit by the Village Administrator to determine that the project is consistent with the original concept. Councilman Lockwood seconded the motion. Councilman Wahl stated that he mould like to look at the platting and Mayor Huber suggested that he join with 0r. Johnson in doing the audit. 0r. Johnson requested that 0r. Tuminelly submit the square footage on all the lots. 0r. Clefenoe Garvey was present to request a variance to build a ten foot fence (chain link) at both ends of his back yard for a tennis court backstop. The Mayor referred to a letter from the Building Inspector wherein he stated that the fence will be an infringement on street right—of—way and that the Village cannot be held responsible for any damages to the fence or tennis court resultant from any Village work. He also noted that upon completion of his garage, the Village expects 0r. Garvey to remove the temporary storage building for which he received a special use permit. Orvil Johnson stated that he felt it would be unthinkable to allow anyone to build a structure which would infringe upon street right—of—way. Several alternatives to a permanent chain—link fence were discussed and proposed to 0r. Garvey but it was felt that none of the alternatives would be feasible. Councilman Blair asked the Attorney what legal obligations are involved in allowing use of public right—of—may and Mr. Winthrop stated that noone could be given permanent right to use public right—of—way but that a temporary right could be given until such time as the Village Council directs that the use be discontinued. Page 92 September 5, 1972 Councilman Lockwood moved that the Village Council grant a temporary permit to Mr. Garvey for the purpose of erecting a ten—foot high chain link fence on public right—of—way on the south side of Staples for use solely as a tennis court barrier subject to the condition that the battier would be removed at any time as directed by the Village Council. Councilman Gutzmer seconded the motion. AYES: 3 NAYS: 2 -- Blair and Wahl. PLANNING COMMISSION CASE #72—lG — ALFONSO Councilman Lockwood stated that Mr. Garvey must realize that the Village cannot be responsible for any damage. Dominic Alfonso was present to request a variance for a � special use permit to house pigeons in a ln story garage. Councilman Wahl felt that the matter should be referred back to the Planning Commission since at the time their favorable recommendation was decided, only three members of the Commission were present at the meeting and only two members voted yes. Mr. Winthrop pointed out that the Planning Commission as a body only makes recommendations. 0r. Lockwood stated that a special use permit connotes the possibility of the Council lifting the permit for due cause at any time. Councilman Lockwood moved that 0r. Alfonso be granted a special use permit to erect a story garage with the upper half to be used for housing of 100 to 150 racing pigeons. Mayor Huber seconded the motion. AYES: 4 NAYS: 0 -- Wahl AYES: 4 NAYS: 1 Councilman Blair moved to amend the motion to include the stipulations that the special use permit be renewed each year if there have been no health hazards and no devaluation of property. Councilman Gutzmer seconded the motion. Wahl 0r. Alfonso requested that the permit_ be renewed on October 1 of each year and this was approved. Page 93 September 5, 1972 PLANNINC 0r. Hefflefinger requested a variance to build COMMISSION a two—stall garage ten feet from his rear lot line. CASE #72-25 — Mayor Huber moved approval of the variance. HEFFLEFINGER Councilman Gutzmer seconded the motion. AYES: 5 NAYS: 0 PLANNING COMMISSION CASE #72-26 BOIKE AYES: 5 NAYS: 0 CHARLES SERSEN AYES: 5 NAYS: 0 MUNICIPAL LIQUOR STORE 0r. Chester Boike requested a variance to build a 72 foot house on a substandard lot with a two—foot sideyard setback on the south side. Councilman Gutzmer moved approval of the variance to build on a substandard lot with a two—foot sideyand setback on the south side. Councilman Wahl seconded the motion. 0r. Charles Sersen requested the Council to allow him to build a three car garage and retain the former attached garage for use as a workshop. Councilman Blair moved approval for 0r. Sersen to retain two accessory buildings on his lot. Councilman Wahl seconded the motion. Mr. Johnson stated that he had prepared an ordinance establishing a municipal liquor dispensary and requested a reaction to the subject from the Council. A favorable opinion was received from the Council on the subject with the exception of Councilman Lockwood. It was suggested that the proposed ordinance be passed on to the Village Attorney for his comments. PLANNING 0r. Johnson stated that there is no record of duties COMMISSION or operation of the Planning Commission in any of the ORDINANCE Village records and presented the Council with a proposed ordinance. He stated that the Planning Commission had discussed the ordinance and thought it to be a good idea. Mayor Huber directed that the proposed ordinance be submitted to 0r. Winthrop for his comments. PUBLIC 0r. Larry Hink, representing the Valley View Association was present to request that a second access be provided for Curley's Valley View Addition. Page 94 September 5, 1972 MECHANICAL Councilman Wahl suggested that the Village adopt a CODE mechanical code similar to those used by St. Paul and Minneapolis in addition to the State Code. BID OPENING AYES: 5 NAYS: 0 1972 SEAL COATING — FINAL PAYMENT AYES: 5 NAYS: 0 PUBLIC HEARING ON IMPROVE- MENTS AYES: 5 NAYS: 0 LIST OF CLAIMS Mayor Huber directed Mr. Winthrop to find out if the State Code supercedes individual codes. Mayor Huber moved adoption of Resolution Number 512, "RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR ROGERS LAKESIDE EAST IMPROVEMENTS (IMPROVEMENT 72, PROJECT 5)." The date for bid opening was set for October 6, 1972 at 2:00 P.M. Councilman Blair seconded the motion. Mayor Huber moved approval of the final payment to Bituminous Roadways, Inc., Certificate Number One, in the amount of $9,087.54, for work completed on 1972 Seal Coating. Councilman Blair seconded the motion. Mr. Winthrop stated that an error had been made in the Notice of Hearing for Improvement 72, Project 3, and requested that the hearing be reset for October 3. Councilman Gutzmer moved adoption of Resolution Number 513, "RESOLUTION CALLING FOR HEARING ON ASSESSMENT ROLL FOR IMPROVEMENT 72, PROJECT 3." The public hearing was set for October 3 at 8:00 p.m. Councilman Wahl seconded the motion. Councilman Wahl 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 attabhed hereto and identified as List of Claims submitted for payment, September 5, 1972, having been audited by the Village Council,-be are are hereby allowed and the Mayor and Clerk— Treasurer of the Village of Mendota Heights are hereby authorized and directed to issue AYES: 5 NAYS: 0 ELECTION JUDGES AYES: 5 NAYS: 0 Page 95 September 5, I972 Village checks in payment of said claims. Motion seconded by Councilman Lockwood. Mayor Huber moved approval of the list of Election Judges. L Councilman Blair seconded the motion. LICENSES Councilman Wahl moved approval of the licenses with the stipWIation that Jer—Hen Builders submit proof of insurance and with the exception of Deluxe Heating and Air Conditioning subject to approval by Councilman Wahl and Administrator Johnson prior to issuance, granting licenses to: Ayes: 5 Nays: 0 ADJOURN Ayes: 5 Nays: 0 ATTEST: Donald Mayor Corrigere Construction Co. Aquarius Swimming Pool Co. Prime Construction Co. \~~ Statewide Construction Western Construction Co. Jer—Hen Builders, Inc. Walter & Blaylock, Inc. Gordon R. Berg PluMbing and Heating Rauohmartor, Inc. Deluse Heating & Air Conditioning General Contractor License General Contractor License TQooeral Contractor License General Contractor License General Contractor License General Contractor License Plumbing License Plumbing License Excavating License Heating License Mayor Huber seconded the motion. There being no further business to come before the Council, Councilman Blair moved the meeting be adjourned. Councilman Lockwood seconded the motion. Time of Adjournment: 11:19 P.M. . Huber .(4414 aba.h, k —Treaaurer