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1973-04-17 Council minutesPage 205 April 17, 1973 VILLAGE OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, April 17, 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. HEARING -- ROGERS LAKE LEVEL CONTROL Mayor Huber stated that the Department of Natural Resources has issued its decision regarding the Village's application for setting the level of Rogers Lake. He stated that a hearing on Rogers Lake level control had been held in August, 1972 and that the present hearing has been called because of technical details. He further stated that the hearing is being held to determine whether the project should be ordered in, and at what level. Mayor Huber asked for comments from the audience. Mr. John Lapakko, 2295 Dodd Road, asked what level the lake will be set at and Mayor Huber stated that since the D.N.R. has determined 872.2 msl to be the ordinary high water level, 872.2 is the desired level. Village Administrator Johnson stated that the cost estimates for the project have increased to $155,000. He also explained the additionally proposed outlet, ponding area and ditch cleaning improvements, estimated to cost $38,000 and proposed to be paid for by general obligation revenues. Objections and comments from the audience: Mr. Richard Paul, owner of property on Wagon Wheel Trail adjacent to Rogers Lake stated that he is in favor of the project if the new level of the lake will make his lot buildable. Mr. John Lapakko asked about the dimensions of the ponding areas. Mrs. Carol Lee requested that the weeds around the ponding areas be kept mowed so that the area will be visible from the street, thus providing more safety for children. She also asked how passive the area will be, in terms of park development. Mr. Al Wagner objected to the area of the assessment district. n Ayes: 5 Nays: 0 RECESS READJOURN OBJECTIONS MARIE AVENUE IMPROVEMENTS SPEED STUDY - BLUE GENTIAN ROAD Ayes: 5 Nays: 0 Page 206 April 17, 1973 There being no further comments from the audience, Mayor Huber moved that the hearing be closed. Councilman Lockwood seconded the motion. The hearing closed at 9:44 o'clock P.M. The meeting recessed at 9:45 P.M. so that those members of the audience wishing to could sign their names and their objections to the propoSed level control project on a list provided by the Village Clerk-Treasurer. Mayor Huber called the meeting to order at 10:02 P.M. The following residents signed their names in objection to the proposed Rogers Lake Level Control Project. Mr. & Mrs. David Pace Lita Flores Mr. & Mrs. Harry Goodwin Mr. & Mrs. Glenn Lillie Mr. & Mrs. Courtney Pince Mr. & Mrs. Joseph Kulhanek Mr. & Mrs. Don Podhulski Mr. John Severson Mr. J. B. Clements Mr. & Mrs. Gerald Nelson Alois T. Wagner Mr. & Mrs. David Litvin Mr. & Mrs. David Pace, Jr. John J. Lapakko Mrs. Carol Lee 991 Wagon Wheel Trail 729 Cheyenne Lane 733 Cheyenne Lane 709 Cheyenne Lane 945 Wagon Wheel Trail 953 Wagon Wheel Trail 901 Cheri Lane 717 Pontiac Place 2329 Kressin Avenue 894 Wagon Wheel Trail 901 Wagon Wheel Trail 832 Wagon Wheel Trail 2295 Dodd Road 740 Cheyenne Lane Mayor Huber acknowledged receipt of correspondence from the residents on Marie Avenue (between Dodd Road and Delaware). He asked that the residents choose someone to represent them when Village officials meet with representatives of the Minnesota Highway Department when negotiating specifications for Marie Avenue improvements. The residents named Mr. Robert Maher as their representative and Mr. John Barber as an alternate representative. The Council acknowledged receipt of a resolution from the Village of Eagan calling for a speed study to be made on Blue Gentian Road. Mayor Huber moved adoption of Resolution Number 73-25, "RESOLUTION REQUESTING SPEED SURVEY ON BLUE GENTIAN ROAD." Councilman Lockwood seconded the motion. Page 207 April 17, 1973 COMMUNICATIONS Mayor Huber acknowledged receipt of a letter from Mayor Bruce Nawrocki, Chairman of the N.S.P. Rate Study Committee, and a list of dates of informational meetings on the propos ed Metro Rate Authority. The Council acknowledged receipt of the March, 1973 Planning and Development Newsletter. The Council acknowledged receipt of a notice from the Chairman of the Dakota County Commissioners stating that a public meeting for elected officials will be held on Monday, April 30 at the Eagan Village Hall for the purpose of presenting a summary of the Barton-Aschman Highway Study and proposed County road system. PLANNING Application for subdivision of property. Village Administrator COMMISSION Johnson stated that Mr. Don Smith has applied for the subdivision CASE NO. 73-5, of property located at Ivy Falls Avenue and Dodd Road so that he SMITH may purchase one of the lots, 85 feet wide by 149 feet deep, and construct a single family residence. Mr. Johnson stated that the Planning Commission has recommended denial of the application since there is no hardship involved. Mayor Huber stated that an 85 foot by 149 foot lot would be in violation of the zoning ordinance and suggested that Mr. Smith contact Mr. Leonard Endresen, owner of the property, to see if Mr. Endresen will move his garage, thereby allowing subdivision which would provide a lot which would not be in violation of the ordinance. Mayor Huber moved that the matter be tabled until May 15. Councilman Lockwood seconded the motion. Ayes: 5 Nays: 0 PLANNING Village Administrator Johnson stated that the application is COMMISSION for a four foot variance from the front yard setback on CASE NO. 73-8, property located at 565 Miriam, and that the Planning Commission KOENEN has recommended that the application be approved. Councilman Gutzmer moved that the application for a four-foot front yard variance be granted. Councilman Wahl seconded the motion. Ayes: 5 Nays: 0 PLANNING Application for Planned Unit Development to add a three unit COMMISSION building to the Eagle Ridge development. CASE NO. 73-9, TUMINELLY Mr. William Tuminelly stated that the site plan has been developed into a three unit building (instead of a four unit building) at the request of the Planning Commission. He asked that, in addition to concept approval of the P.U.D., the Council approve the site plan so that he can apply for a permit to build the foundation. He stated that he will submit the Page 208 April 17, 1973 finished building plans within a week. The Council pointed out that the site plans for Somerset 19 have not yet been followed up; cars are being parked in front of Somerset 19; there is a good deal of dirt on Eagle Ridge Drive due to present construction at Eagle Ridge; the Victor Comptometer Building has not been stuccoed as yet; and fencing should be placed around the air conditioning unit on Victor Comptometer. It was pointed out that these problems arose out of the fact that plans were not followed or permits were issued before plans were submitted. Mr. Tuminelly stated that he would see that the dirt on Eagle Ridge Drive is cleaned up by Friday, April 20 and that a fence will be placed around the air conditioning units on Victor Comptometer. Mayor Hub er stated that the parking situation in front of Somerset 19 must be taken care of -- it is in violation of the zoning ordinance. Mr. Tuminelly stated that he will bring these matters to the attention of Carmen Tuminelly so that the problems may be resolved. In a letter to the Village Council dated April 10, 1973, Mr. Carmen Tuminelly stated that he will convey title for approximately 40 feet by 280 feet of property for future Marie Avenue right-of-way together with all temporary easements which the Village will require for construction of Marie Avenue, at no cost to the Village. Village Administrator Johnson stated that the Village should acquire a warranty deed for this property and Mr. Kishel stated that a warranty deed should also be acquired for 40 feet of property (for futiare Marie Avenue) between Eagle Ridge Drive and the end of the Eagle Ridge development. Village Attorney Dick Moen requested that he be given a description of the properties so that he may obtain the warranty deeds. Mayor Huber moved that Tuminelly, Inc. be granted a temporary foundation permit for a three unit building to be added to the Eagle Ridge complex conditional upon receipt of warranty deeds for the above described property, submission of building and landscape plans and approval of the building plans by the Building Inspector. Councilman Lockwood seconded the motion. Ayes: 5 Nays: 0 FIRE Mayor Huber acknowledged receipt of the March, 1973 monthly DEPARTMENT report of the Volunteer Fire Department. MONTHLY REPORT Village Administrator Johnson stated that Fire Cheif Siebell has copies of a letter to be delivered to Village residents notifying them of the change in the public service telephone number and that the letters will be delivered around May 5. Page 209 April 17, 1973 COMPLAINT Mr. John Lapakko, 2295 Dodd Road, stated that there have been several people riding motorcycles in the Friendly Hills park area and asked that something be done about the problem. Mayor Huber suggested that Councilman Losleben assist the Police Department in trying to control the problem and distinguish where motorcycles are allowed. JOINT MEETING Village Administrator Johnson stated that the Planning ON ZONING Commission members have requested that the joint meeting to ORDINANCE discuss the proposed revisions in the Zoning Ordinance be REVISIONS rescheduled for Wednesday, May 2. The Council set May 2 as the meeting date. MISCELLANEOUS Village Administrator Johnson distributed to the Council an excerpt from the League of Minnesota Municipalities Legislative Bulletin, Number 9, on levy limit revisions. The Council acknowledged receipt of a street cost analysis for maintenance of Village streets, and a street inventory report. POLICE Mayor Huber moved that Mrs. Alice McCall be employed as DEPARTMENT temporary part-time clerk-typist for the Police Department, CLERK-TYPIST upon the recommendation of the Village Administrator. Councilman Gutzmer seconded the motion. Ayes: 5 Nays: 0 SOMERSET NO. 2 Mayor Huber moved adoption of Resolution Number 73-26, "RESOLUTION IMPROVEMENTS APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR SOMERSET NUMBER 2 IMPROVEMENTS (IMPROVEMENT NO. 72, PROJECT NO. 6)." Councilman Wahl seconded the motion. Ayes: 5 Nays: 0 SOMERSET VIEW Mayor Huber moved adoption of Resolution Number 73-27, STREET "RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR CONSTRUCTION IMPROVEMENTS OF BITUMINOUS STREET IMPROVEMENTS IN THE SOMERSET VIEW AREA (IMPROVEMENT NO. 72, PROJECT NO. 8)," awarding the bid to Bi-Con Construction Company of St. Paul in the amount of $65,562.80. Councilman Losleben seconded the motion. Ayes: 5 Nays: 0 FINAL PAYMENT -- Mayor Huber tabled the matter of final payment for Improvement IMPROVEMENT No. 70, Project No. 5, Sibley High School, until May 1. NO. 70, PROJECT NO. 5 Page 210 April 17, 1973 APPROVAL OF Mayor Huber moved that a 3.2 Malt Beverage License be 3.2 MALT granted to Hannigan's Kwik Shop. BEVERAGE Councilman Wahl seconded the motion. LICENSES Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Ayes: 5 Nays: 0 Councilman Gutzmer moved that a 3.2 Malt Beverage License be granted to Red Owl. Councilman Lockwood seconded the motion. Councilman Losleben moved that a 3.2 Malt Beverage License be granted. to Par 3 Golf, Inc. Councilman Wahl seconded the motion. Councilman Wahl moved that a 3.2 Malt Beverage License be granted to George's Golf Range. Councilman Losleben seconded the motion. Ayes: 5 Nays: 0 LICENSES Councilman Wahl moved approval of the list of licenses, granting licenses to: Condor Corporation General Contractor's License Glenn Jon Builders, Inc. General Contractor's License Gustafson Awning Co. Siding Construction License Suburban Heating Co., Inc. Heating License Southtown Plumbing, Inc. Plumbing License Ayes: 5 Nays: 0 LIST OF CLAIMS Ayes: 5 Nays: 0 Councilman Losleben 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 hereto and identified as List of Claims submitted for payment, April 17, 1973, having been audited by the Village Council, be and are hereby allowed and the Mayor and Clerk- Treasurer of the Village of Men dota Heights are hereby authorized and directed to issue Village checks in payment of said claims. Councilman Losleben seconded the motion. Page 211 April 17, 1973 ADJOURN There being no further business to come before the Council, Councilman Gutzmer moved that the meeting be adjourned. Councilman Lockwood seconded the motion. Ayes: 5 Nays: 0 Time of Adjournment: 12:14 o'clock A.M. ATTEST: Donald L. Huber Mayor