Loading...
1972-07-18 Council minutesPage 63 July 18, 1972 VILLAGE OF 0ENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, July 18, 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 Wahl, and Gutzmer. Councilman Blair arrived at 9:37 P.M. Councilman Lockwood had notified the Council that he would be absent. APPROVE MINUTES Ayes: 3 Nays: 0 PETITION FOR MAC ACQUISI- TION HUD APPLICA- TION Councilman Gutzmer moved approval of the minutes of the regular meeting held Tuesday, July 11, I972 with oorreotion. Councilman Wahl seconded the motion. Mayor Huber read a petition signed by twenty—four home owners residing on the east side of TH 55 requesting that their property be acquired by MAC as part of the acquisition of the Acacia Park area. He also acknowledged receipt of several letters sub- mitted by the petitioning property owners. Mayor Huber suggested that the residents involved contact MAC and stated that if 0AC'holdo an additional hearing for acquisition the Village would support the petitioners' request. He further directed the Village Administrator to set up a preliminary meeting with MAC officials. Orvil Johnson read a letter from HUD denying the Village's application OSL-0N-05-46-1005C for Open Space funds. He recommended that a visit be made to the local HUD office for an explanation of HUD's criteria. Mayor Huber stated that the Village's residents should know the reasons for HUD's denial. Councilman Gutzmer moved that a visit be made to the HUD office for a complete explanation of the reasons Page 64 July 18, I972 for denial and HUD's criteria and that an updated application be resubmitted. Mayor Huber seconded the motion. Ayes: 3 Nays: 0 DAKOTA Mr. Andy Anderson appeared before the Council to COUNTY present the County's HRA goals for low income and HRA elderly housing. 0r. Anderson introduced Colleen Loney and Gerald Flynn of the HRA staff. He stated that the program is for ten of the County munici- palities and outlined several housing alternatives available to the municipalities. He pointed out that eleven units of family housing and 57 units of elderly housing are needed in the Village. 0r. Anderson presented the Council with a sample agreement between the HRA and the Village of Mendota Heights, and stated that each of the ten municipalities would be requested to sign such an agreement so that an application for Federal funds can be submitted within ninety days. CATV COMMITTEE APPOINT- MENT Councilman Gutzmer stated that he had attended a HRA meeting in Hastings and that the Village does not meet the criteria established for elderly housing. Mayor Huber stated that a local incorporated group is working on a private bmaia to set up a housing program and that the Metro Council has done a pilot study for the group. He wondered if there would be a conflict between the two groups. 0r. Anderson suggested that the local group is concerned with 236 housing rather than low income housing and suggested that the HRA people meet with the local group. He also offered his services and the assistance of the County Recreation Director to the Village in the discussions with HUD on the open space application and the preparation of a new application. 0r. Anderson requested that the Village officials think about the program and contact him if there are any questions. Mayor Huber read a letter from the Metropolitan Council acknowledging Councilman Gutzmer's appointment to the CATV Advisory Committee. Page 65 July 18, 1972 VACATION OF 0r. Johnson condensed a letter from 0r. Bernard PORTION OF Friel in which 0r. Friel advised the Council of FRIENDLY his intention to vacate a portion of the lots and HILLS RE— streets in the Friendly Hills Rearrangement. ARRANGEMENT Mr. Friel requested the Council's suggestions and advice on his proposal. Mayor Huber stated that he would like to have staff answers on the legal and technical questions with regard to the vacation and the retention of Lots 16, 17 and 18 for building purposes. He suggested that a staff report be brought back to the Council on August 1, 1972. Mr. Johnson suggested that he and Ed Kishel and 0r. Friel get together for a discussion and that 0r. Friel be invited to present his proposal at the August 1 meeting. ELECTION The Council acknowledged receipt of a letter from the JUDGES County Auditor which stated that the Republican party had supplied a list of qualified election judges as required by State Statutes. COMPLAINT 0r. Joseph Kostner, 551 Simard, requested that something be done to stop the problem of children riding mini—bikes at all hours of the day and night on the property across from his home. Mayor Huber directed 0r. Johnson to bring the problem to the attention of the Police Department and suggested that 0r. Ko§toer call the Police whenever the problem arises in the future. ACACIA PARK CEMETERY PLATTING 0r. James Martin appeared to request approval of a plat improperly filed in I967. Mayor Huber stated that no decision could be made until further consideration has been given to the matter and until discussions have been held with MAC. Mayor Huber suggested that 0r. Johnson put the south addition on the agenda for discussion with MAC. 0r. Martin is to contact 0r. Johnson at the end of July for further information. PARK SITE 0r. Johnson stated that a letter and contractor's DEVELOPMENT estimate had been received from Lee Starr, and that PAYMENT the contract is set up so that El Mac would be paid NO. 1 for 90% of the work when the work is completed and the balance after final inepeotion. He further stated that Lee Starr recommended payment since the remainder Ayes: 3 Nays: 0 ORDINANCE NO. IO2A HOUSE NUMBERING Ayes: 3 Nays: 0 ROGERS LAKESIDE EAST Ayes: 3 Nays: 0 Page 66 July 18, 1972 of work to be completed is considerably less than the $1,665 retainer. 0r. Johnson recommended payment. Mayor Huber moved that payment be made. Councilman Wahl seconded the motion. Attorney Winthrop stated that in Section 2, Line 2, the word "also" should be placed between the words "shall" and "be" to read "the official number shall also be." Councilman Gutzmer moved approval of Ordinance No. IO2A, "AN ORDINANCE REGULATING THE NUMBERING OF PROPERTIES AND PROVIDING PENALTIES FOR VIOLATION THEREOF" as corrected. Councilman Wahl seconded the motion. Mr. Johnson stated that there should be some type of internal drainage plan and that the final drainage pattern should disperse the water amongst the lots instead of a concentration of water on Lots 1 and 2 and 26 and 27. He felt that it would be proper to put a drainage easement on every other lot line and put future property owners on notice that there is a drainage easement and that landscaping must be done .in such a manner that water will flow freely to the street. 0r. Bjorklund suggested that a drainage easement could be put in with the five foot utility easement. He asked if he could legally give a letter to the Council stating that easements will be granted when they are finally determined and 0r. Winthrop stated that he could. 0r. Kishel suggested that the easements be taken on / ) all the lots on all the sides. Councilman Gutzmer moved approval of the final plat subject to the suggested drainage easements. Mayor Huber seconded the motion. MID— CONTINENT DEVELOP- MENT CORP. Page 67 July 18, 1972 0r. Joseph Summers, representing Mid—Continent stated that the developer proposes to dedicate 18.08 acres to the Village -- the Village to be responsible for the approximate $12x500 in assessments on the dedicated parcel. He further stated that the developer will donate $11,000 to the Park and Recreation fund at the time the building permit is issued. Mayor Huber stated that the building permit cannot be issued until a conditional use permit for PUD is issued. As a prerequisite to issuance of a conditional use permit all residents within 300 feet of the property must be mailed notices. Mayor Huber stated that an Attorney General Opinion was not requested since the Village Attorney advised the Council that this is a policy decision (density). The Mayor noted that it should be a matter of public record that the approximate value of the donation would be $34,000. Mayor Huber asked the Village Attorney if the Council could formally give concept approval and 0r. Winthrop answered that this is something that the Council does not act on. He further stated that if a resolution is passed on a concept the Council is voting on a matter before it is really before the Council; however, there is nothing wrong with the individual Councilmen stating their personal feelings. It was the informal personal opinion of the Councilmen present that they had no objection to the concept. Mr. Winthrop stated that the developer must understand that the Village Council has taken no formal action and that any action of the developer will be at his own risk. PLANNING Mayor Huber moved the appointment of Mrs. Kathy Ridder COMMISSION to the Planning Commission to complete the balance of APPOINTMENT 0r. Richard Lund's term. Councilman Wahl seconded the motion. Ayes: 4 Nays: 0 I-35E 0r. Johnson stated that the City of Saint Paul had stated its intention to join in a lawsuit against the Highway Department on the completion of I-35E. Ayes: 4 Nays: 0 FREEWAY ROAD SKELLY STATION RENTALS ORDINANCE CODIFICA- TION REINVEST FUNDS Ayes: 4 Nays: 0 LIST OF CLAIMS Page 68 July 18, 1972 Mayor Huber moved that Mr. Johnson be directed to prepare a resolution to protest the action of the City of Saint Paul. Councilman Gutzmer seconded the motion. The resolution is to be presented to the Council on August 1 for adoption. 0r. Kishel asked the Council's direction on preparing assessment rates. Mayor Huber suggested that 0r. Kishel and 0r. Johnson get together and discuss the matter. 0r. Winthrop stated that in conformance with the Council's request on June 20, he has checked the ordinances on boat and trailer rentals. He stated that the area is zoned 8-2 and as such a conditional use permit is required. He suggested that a letter be sent to them saying that a conditional use permit should be acquired or rentals should be discontinued. Mayor Huber directed 0r. Winthrop to send Skelly a letter and also to check the sign ordinances as apply to the Skelly Station. 0r. Winthrop stated that the Village Ordinances (except the Zoning Ordinances) are ready for printing. The Clerk—Treasurer stated that some certificates had recently been cashed in and requested that $67,682.29 be reinvested. Mayor Huber moved reinvestment of $67,682.29. Councilman Wahl seconded the motion. 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, July 18, 1972, having been audited by the Village Council, be and are hereby Ayes: 4 Nays: 0 LICENSES Ayes: 4 Nays: 0 ADJOURN Ayes: 4 Nays: 0 Page 69 July 18, 1972 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. Motion seconded by Councilman Blair. Mayor Huber moved licenses be granted to: A.J. Nasseff Const. Co. Ray N. Welter Heating Midwest Construction Co. General Contractor License Heating License General Contractor License Councilman Wahl seconded the motion. There being no further business to come before the Council, Councilman Blair moved the meeting be adjourned. Mayor Huber seconded the motion. Time of Adjournment: 11:05 P.M. ATTEST: �� � =����==~°_ ^ 1,‘ '44-4 - / � ' Donald L. Huber, Mayor adabaug Clerk—Treasure