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1973-04-03 Council minutesPage 196 April 3, 1973 VILLAGE OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, April 3, 1973 Pursuant to due call and notice thereof, the regular meeting of the Village Council, Village of Mendota Heights was held at 7:00 o'clock P.M. at the Village Hall, 750 South Plaza Drive, Mendota Heights, Minnesota. Mayor Huber called the meeting to order at 7:00 o'clock P.M. The following members were present: Mayor Huber, Councilmen Losleben, Gutzmer and Wahl. Councilman Lockwood had notified the Council that he would be late. COMMUNICATIONS Mayor Huber acknowledged receipt of letters from Mr. & Mrs. John J. Nafus, 666 West Marie Avenue and Mr. Donald Carlson, 652 W. Marie Avenue, in objection to the proposed Marie Avenue improvements. BECKMAN, YODER Mayor Huber acknowledged receipt of a letter from AND SEAY Mr. Lee Starr of Beckman, Yoder and Seay requesting that Mr. Starr be allowed to perform professional planning services for Mr. Frank Thera, owner of &111/2 acre tract of land located within the Village. Councilman Losleben moved that the Village Council grant approval for Mr. Starr and Beckman, Yoder and Seay to perform planning services for Mr. Frank Thera contingent upon the principle that the park planning for the Village of Mendota Heights will be of primary concern to Mr. Starr and Beckman, Yoder and Seay and that services performed for Mr. Thera would be of secondary concern. Councilman Wahl seconded the motion. Ayes: 3 Nays: 1 Gutzmer RAUENHORST Mayor Huber acknowledged receipt of a letter from the CORPORATION Rauenhorst Corporation requesting permission to connect up to the municipal water system for condominium apartments on Sibley Memorial Highway in Lilydale. Mayor Huber tabled the matter pending discussions with Mr. George Hebert, Rauenhorst Vice President. ZONING Councilman Gutzmer moved that a joint meeting with the ORDINANCE Planning Commission be scheduled for Thursday, May 3, 1973 REVISIONS at 8:00 P.M. in the Village Hall for the purpose of dis cussing the proposed zoning ordinance revisions. Mayor Huber seconded the motion. Ayes: 4 Nays: 0 Page 197 April 3, 1973 Councilman Lockwood arrived at 7:10 P.M. PRELIMINARY Mr. Larry Ritenour of Beckman, Yoder and Seay presented to PARK the Council the preliminary development plans for the DEVELOPMENT Village park system. He outlined the development plans for PLANS each of the parks, including types of recreational facilities to be installed and landscaping. Mr. Ritenour stated that the Park Commission had reviewed the preliminary plans at the April 2 Commission meeting and had suggested several revisions which will be incorporated into the plans. Mr. Ritenour answered several questions from the Council and audience regarding the plans. Councilman Losleben moved approval of the preliminary plans and specifications for park development and authorization for Beckman, Yoder and Seay to prepare bid documents and proceed with construction drawings. Councilman Wahl seconded the motion. Ayes: 5 Nays: 0 MARIE AVENUE Mayor Huber asked Mr. Robert Maher if any concensus had been IMPROVEMENTS reached among the residents on Marie Avenue from Dodd Road to Delaware AVenue as concerns proposed improvements for that segment of Marie Avenue. Mr. Maher stated that no concensus has been reached yet on what types of improvements the residents favor; however, he stated that the residents are planning a neighborhood meeting which will be held within the next ten days. Mayor Huber requested that Mr. Maher keep the Council informed as to what the concensus of the residents is as a result of the neighborhood meeting so that the Council can bring some type of proposal to the State Aid officials. He stated further :that no decision will be made on the proposed improvements until the Council hears from Mr. Maher. PERMANENT Councilman Gutzmer moved adoption of Resolution No. 73-22, IMPROVEMENT "RESOLUTION PROVIDING FOR THE PUBLIC SALE OF $1,450,000 BONDS IMPROVEMENT BONDS SERIES 1973," with the bond sale to be held on May 1, 1973. Councilman Wahl seconded the motion. Ayes: 5 Nays: 0 SOMERSET NO. 2 Village Administrator Johnson stated that some of the neighbors surrounding Somerset No. 2 have complained about the grading of the project. He stated that the grading is being done in accordance with the plans approved by the Council in November, but that he had suggested some modifications to LASSCO. He further stated that LASSCO has submitted a letter to the Council which asks for Council approval of the lowering of Lot 6, Block 2 by three feet and other modifications which have been suggested by the Village Administrator and Village Engineer. Ayes: 5 Nays: 0 SEWER BACK-UP CLAIMS Page 198 April 3, 1973 Village Engineer Kishel stated that if the level of the dike is raised, the culverts must be raised an equal amount. Councilman Lockwood moved that the Council approve the following revisions in the existing grading plan for Somerset No. 2: 1. Lower the level of Lot 6, Block 2 by three feet and make minor adjustments in the grading of Lots 7 and 5 to provide for proper drainage. 2. Raise the grade level of Stanwich Lane and Sutton Lane by 21/2 inches. 3. Move the overflow outlets built into the dike from the south side to the west side of the dike so that any water flow will not be directed onto the proposed Marie Avenue. 4. Raise the level of the dike approximately 6 to 12 inches, the level depending on the amount of fill generated. 5. Dredge below the base of the dike at level 819 if there is evidence of unstable material down to level 815 and fill in with stable material. 6. Adjust the amount of dredging of the bottom of the outlot area to maintain the capacity of the pond the same as before increasing the height of the dike. 7. Raise the culverts in an amount equal to the height to which the level of the dike is raised. Counci lman Losleben seconded the motion. Councilman Lockwood left the Meeting at 9:19 o'clock P.M. Village Administrator Johnson stated that claims had been received from Dr. Leonard Levitan and Mr. Norman C. Mears for damages caus ed by a sewer back-up on January 29, 1973 and that the claims had been turned over to the Village's insurance carrier for investigation. Mr. Johnson further stated that a letter had been received from Mr. William Toivonen of the St. Paul Companies, the insurance carrier, advising the Village that the investigation has resulted in the determination that the cause of the back-up was very likely due to vandalism and that there was no negligence on the part of the Village: the St. Paul Companies thereby refused to make payment on the claims. Page 199 April 3, 1973 Dr. Leonard Levitan stated that he believes the Village is liable for the damages since the blockage occurred in the Village line. Village Attorney Winthrop stated that responsibility for payment of the claim would only rest with the Village if the Village was negligent, and that according to the insurance carrier, the Village was not negligent and therefore does not bear any liability. Mayor Huber moved that claims for damages to 705 Sylvandale Court (Norman C. Mears residence) and 699 Sylvandale Court (Dr. Leonard Levitan residence) caused by sewer back -up be denied. Councilman Losleben seconded the motion. Ayes: 4 Nays: 0 RESOLUTION Councilman Gutzmer moved adoption of Resolution No. 73 -23, TRANSFERING "RESOLUTION TO TRANSFER FUNDS FROM THE INTERCEPTOR SEWER FUNDS IMPROVEMENT DEBT SERVICE FUND TO THE GENERAL FUND." Councilman Wahl seconded the motion. Ayes: 4 Nays: 0 DAKOTA COUNTY Village Administrator Johnson stated that the Council and THOROUGHFARE community should react to the proposed Dakota County SYSTEM Thoroughfare system. Mayor Huber suggested that theL:map be referred to the Planning Commission for study and report and that perhaps a consolidated report from the Council and Planning Commission should be forwarded to the County. MUNICIPAL The Council briefly discussed municipal liquor store operations. LIQUOR Mr. Larry Shaughnessy, Village Financial Advisor, state d that STORE it is his opinion that the Village could build a municipal liquor store for Tess money than if a building were rented. He further stated that he is in the:process of compiling updated figures on income and expenses for several municipal liquor stores and should have completed information within the next few weeks. Village Administrator Johnson stated that time should soon be set aside, either at a regular Council meeting, or at a special meeting, for discussion of municipal liquor store operations. Councilman Gutzmer stated that he would like to have a special meeting called for that purpose. DEFERMENT OF Councilman Gutzmer moved adoption of Resolution No. 73 -24, WATER "RESOLUTION CORRECTING ASSESSMENT AND PROVIDING FOR THE DEFERMENT ASSESSMENTS OF THE LEVYING OF ASSESSMENT," for Improvement No. 2, Project No. 1, for Parcels No. 26005 -Al and 26005 -A2 (William and Elsie Russ) and Parcel No. 26010 -A (Mary Wachtler). Councilman Wahl seconded the motion. Ayes: 4 Nays: 0 ROGERS LAKE LEVEL CONTROL Page 200 April 3, 1973 Village Administrator Johnson suggested that a special meeting be held to discuss cost estimates and additional information received from the Village Engineer on Rogers Lake Level control. Mayor Huber called for a special meeting to be held at 7:00 P.M. on Tuesday, April 10 in the Village Hall for discussion of Rogers Lake level control. METROPOLITAN Village Attorney Winthrop stated that the Village has SEWER BOARD received a Notice to Municipalities and Townships with regard SAC CHARGES to the lawsuit pending between the City of Brooklyn Center, et al, versus the Metropolitan Council, et al, involving the method of allocating costs of reserved capacity in the metropolitan disposal system. Mr. Winthrop explained that the Village has three choices in the matter: to join the plaintiffs; to join the defendants; or to do nothing, in which case the Village would be joined as a plaintiff -- and that a decision must be made before April 20, 1973. He explained the three alternatives. Mayor Huber moved that the Village of Mendota Heights voluntarily join the defendants in the suit and instructed the Village Attorney to submit this response to(the Fourth Judicial District Court. Councilman Losleben seconded the motion. Ayes: 4 Nays: 0 ORDINANCE Councilman Gutzmer moved th e adoption of Ordinance No. 110, PROVIDING "AN ORDINANCE PROVIDING FOR THE CHANGE OF NAME OF "HAZEL CHANGE OF STREET" TO "HAZEL COURT." STREET NAME Councilman Wahl seconded the motion. Ayes: 4 Nays: 0 REPORT ON TRAFFIC COUNTING 1973 SEAL COATING AND STREET OILING The Village Council accepted a report on traffic counting prepared by the Village Engineer. Councilman Gutzmer moved that the final plans and specifications for 1973 seal coating and street oiling be accepted and that the bid opening be set for 2:00 P.M., April 24, in the Village offices. Councilman Losleben seconded the motion. Ayes: 4 Nays: 0 BOARD OF Councilman Wahl moved that the date for the Board of Review REVIEW be set for June 26 at 8:00 P.M. in the Village Hall. Mayor Huber seconded the motion. Ayes: 4 Nays: 0 Page 201 April 3, 1973 MISCELLANEOUS Councilman Gutzmer requested that something be done to do away with the parking in front of Somerset 19. Councilman Gutzmer stated that the appearance of the Village-owned house at 1020 Wagon Wheel Trail is unsightly and suggested that something be done with the house after the present renters vacate it this summer. Councilman Losleben stated that he would be in favor of removing the house. LIST OF CLAIMS Mayor Huber moved the Council to adopt the following motion: Ayes: 4 Nays: 0 APPROVAL OF MALT BEVERAGE 3.2 LICENSES Ayes: 4 Nays: 0 CIGARETTE LICENSES Ayes: 4 Nays: 0 LICENSES Ayes: 4 Nays: 0 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 3, 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 Gutzmer moved approval of the list of licenses, granting 3.2 Malt Beverage Licenses to: Mendakota Country Club 3.2 Malt Beverage License Councilman Wahl seconded the motion. Mayor Huber moved approval of the list of cigarette licenses, granting licenses to: Hannigan's Kwik Shop McNamara's Gulf Somerset Country Club Cigarette License Cigarette License Cigarette License Councilman Losleben seconded the motion. Councilman Wahl moved approval of the list of licenses, granting licenses to: Genz-Ryan Heating Ryan Well Genz-Ryan Heating Plumbing and Company Plumbing and Plumbing License Well Drilling License Heating License Mayor Huber seconded the motion. Page 202 April 3, 1973 ADJOURN There being no further business to come before the Council, Councilman Gutzmer moved that the meeting be adjourned. Mayor Huber seconded the motion. Ayes: 4 Nays: 0 Time of Adjournment: 10:32 o'clock P.M. Clerk- ATTEST: Donald L. Huber Mayor augh reasurer