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