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1973-03-20 Council minutesPage 190 March 20, 1973 VILLAGE OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, March 20, 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. Acting Mayor Lockwood called the. meeting to order at 8:10 o'clock P.M. The following members were present: Acting Mayor Lockwood, Councilmen Wahl, Gutzmer and Losleben. Mayor Huber had notified the Council that he would be out of town. APPROVE MINUTES Ayes: 4 Nays: 0 Ayes: 4 Nays: 0 COMMUNICATIONS LETTERS OF OBJECTION TO PROPOSED MARIE AVENUE IMPROVEMENTS Councilman Wahl moved approval of the minutes of the February 27 special meeting. Councilman Gutzmer seconded the motion. Councilman Losleben moved approval of the minutes of the March 6 meeting. Councilman Wahl seconded the motion. Acting Mayor Lockwood acknowledged receipt of a letter from Attorney General Spannaus regarding the significance and interpretation of the "open meeting" law. The Council acknowledged receipt of letters from Mr. & Mrs. George Dalglish, 645 Marie Avenue; Mr. Marvin LeMay, 636 W. Marie Avenue; Mr. Robert Maher, 646 W. Marie Avenue; and Mr. & Mrs. Nicholas Cheesbrow, 594 W. Marie Avenue, in objection to the proposed improvements on Marie Avenue from Dodd Road to Delaware Avenue. The Council also acknowledged receipt of a letter from Mr. John W. Barber and Mr. Robert Maher listing specific areas of concern to the residents on Marie Avenue. Acting Mayor Lockw ood stated that the reference in the letter to a rehearing on the improvements is incorrect -- the Council has only stated that no quick decision would be made relative to the improvements, but rather that a decision would be delayed for at least two weeks. The Council discussed at length the possibility of having traffic studies initiated. As a result of the discussion, the Council directed the Village Engineer and Village Administrator to prepare a report outlining the criteria necessary for a traffic study. Acting Mayor Lockwood stated that he would like to have some formal action taken on the proposed improvement project at the next regular meeting. BECKMAN, YODER AND SEAY Ayes: 3 Nays: 1 Gutzmer HAZEL STREET RE- NAMING Ayes: 4 Nays: 0 METROPOLITAN LEAGUE OF MUNICIPALITIES NOTICE OF MEMBERSHIP MEETING CORRESPONDENCE FROM VILLAGE OF APPLE VALLEY PLANNING COMMISSION MINUTES PLANNING COMMISSION CASE NO. 73 -1, BEBEL Page 191 March 20,, 1973 Acting Mayor Lockwood read a letter from Mr. Lee Starr of Beckman, Yoder and Seay, requesting that Mr. Starr be allowed to perform professional planning services for Mr. Richard Bancroft, owner of a 22 acre parcel of property located in the northeastern part of Mendota Heights near the Ivy Falls and Cherry Hills subdivisions. Acting Mayor Lockwood moved that the Village Council grant approval for Mr. Lee Starr and Beckman, Yoder and Seay to perform planning services for Mr. Richard Bancroft contingent on 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. Bancroft would be of secondary concern. Councilman Losleben seconded the motion. The Council acknowledged receipt of a letter from Mr. William Simek wherein Mr. Simek requested that Hazel Street, Simek Re- Arrangement, be renamed Hazel Court. Councilman Losleben moved that the Village Attorney be directed to prepare an ordinance renaming Hazel Street to Hazel Court. Councilman Gutzmer seconded the motion. The Village Council acknowledged receipt of a notice of general membership meeting from the Metropolitan League of Municipalities -- the meeting to be held on Wednesday, March 28 at 7:30 P.M. at the Golden Valley Village Hall. Acting Mayor Lockwood acknowledged receipt of correspondence from the Village of Apple Valley urging early construction of the Cedar Avenue Bridge. Acting Mayor Lockwood acknowledged receipt of the minutes of the March 8 Planning Commission meeting. Mr. Richard W. Bebel was present to request approval of his application for subdivision of property described as Lot 11, Caroline's Lakeview Addition. Mr. Bebel stated that he would like to subdivide Lot 11 into Lots 2 and 3 with the intention of building a home on Lot 3 and eventually selling Lot 2. The Planning Commission recommended approval of the application. Ayes: 4 Nays: 0 ROGERS LAKE LEVEL CONTROL Ayes: 4 Nays: 0 RECESS Page 192 March 20, 1973 Acting Mayor Lockwood moved that the application for subdivision of Lot 11, Caroline's Lakeview Addition be approved. Councilman Wahl seconded the motion. Acting Mayor Lockwood summarized for the audience the Department of Natural Resources Findings of Fact, Conclusions and Order as related to the Village's application to establish and control the level of Rogers Lake. Village Attorney Winthrop stated that the DNR has ruled that the ordinary high water level of Rogers Lake is 872.2 feet MSL and that the Village may set the level at 873.0 providing that if the level is set above 872.2 the Village must obtain permission from any property owners who may be affected by the: higher level. Mr. Winthrop stated that another hearing is required before the improvement can be ordered in since it has been more than six months since the original hearing on the project. Village Administrator Johnson suggested that the Engineer prepare an updated cost estimate on the project so that updated estimates for outlet costs, ditch cleaning and still-pond construction are included in the resolution calling for the hearing. Councilman Gutzmer moved adoption of Resolution Number 73-19, "RESOLUTION ACCEPTING ENGINEER'S REPORT AND CALLING FOR HEARING ON PROPOSED CONSTRUCTION OF DRAINAGE SYSTEM AND LAKE LEVEL CONTROL SYSTEM FOR ROGERS LAKE TOGETHER WITH DITCH CLEANING AND STILL-POND CONSTRUCTION," the hearing to be held on April 17 at 8:00 o'clock P.M. in the Village Hall. Councilman Wahl seconded the motion. The Council recessed at 10:15 B.M. and reconvened at 10:30 P.M. SOMERSET NO. 2 Village Attorney Winthrop stated that he has sent to LASSCO a waiver of hearing form for signature. Village Administrator Johnson stated that the property within Somerset No. 2 will be the only property to be assessed for the improvement project. (Improvement No. 72, Project No. 6). Councilman Gutzmer moved adoption of Resolution No. 73-20, "RESOLUTION ORDERING PREPARATION OF FINAL PLANS AND SPECIFICATIONS FOR PROPOSED SOMERSET NO. 2 IMPROVEMENTS." Councilman Losieben seconded the motion. Ayes: 4 Nays: 0 Page 193 March 20, 1973 1973 SEAL COATING The Council accepted from the Village Engineer a feasibility AND STREET OILING report for 1973 seal coating and street oiling. A long discussion ensued on the way in which streets are chosen for street oiling and alternative methods of financing maintenance of streets. Councilman Losleben moved that the Village Engineer be directed to prepare plans and specifications for a contract for 1973 seal coating and street oiling. Councilman Gutzmer seconded the motion. Ayes: 4 Nays: 0 SOMERSET VIEW Acting Mayor Lockwood moved adoption of Resolution No. 73-21, STREET "RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING IMPROVEMENTS ADVERTISEMENT FOR BIDS FOR STREET IMPROVEME NTS TO SERVE THE SOMERSET VIEW AREA (IMPROVEMENT NO. 72, PROJECT NO. 8.)," setting the date for bid opening for April 10, 1973 at 2:00 P.M. in the Village offices. Councilman Wahl seconded the motion. Ayes: 4 Nays: 0 REQUEST FOR SEWER Continued from February 6, 1973. Village Administrator Johnson ASSESSMENT read the excerpt from the minutes of the February 6 Council DEFERMENT -- meeting regarding Mr. Kulhanek's request for a deferment KULHANEK of the trunk sewer assessment for Lot 14. At the February 6 meeting, the matter was continued pending a DNR decision on a lake level control device for Rogers Lake since the lowering of the level of the lake could make Lot 14 a buildable lot. PART-TIME POLICE CLERK Ayes: 4 Nays: 0 Village Attorney Winthrop pointed out that until a leveling device is operational, it cannot be determined whether or not the lot will still be under water. Acting Mayor Lockwood tabled the matter indefinitely, until such time as a level control device is in operation and when a determination can be made on how a leveling device will affect Lot 14. Councilman Losleben stated that at this time he is not izi favor of establishing a permanent half-time Police Clerk position and suggested that someone be hired on a part-time temporary basis. Councilman Wahl moved that the Village Administrator be authorized to appoint a part-time Clerk-Typist for three months, the salary to be paid from the Special Police Fund at a maximum of $2.50 per hour. Councilman Losleben seconded the motion. ZONING ORDINANCE REVISIONS LIST OF CLAIMS Ayes: 4 Nays: 0 CIGARETTE LICENSES Ayes: 4 Nays: 0 LICENSES Ayes: 4 Nays: 0 ADJOURN Page 194 March 20, 1973 The Council acknowledged receipt of a revised Zoning Ordinance. 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 Claiins submitted for payment, March 20, 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. Acting Mayor Lockwood seconded the motion. Acting Mayor Lockwood moved approval of the list of cigarette licenses, granting licenses to: Employees Party Club Red Owl Stores, Inc. Mendakota Country Club George's Golf Range Mendota Heights Standard Par 3 Golf, Inc. Snyder's Drug Stores, Inc. Cigarette Cigarette Cigarette Cigarette Cigarette Cigarette License License License License License License Cigarette License Councilman Gutzmer seconded the motion. Councilman Wahl moved approval of the list of licenses, granting licenses to: Kallin, Inc. Don Reinardy Home Bldg. & Remodeling Richard J. Bartl, Bldg. Contractor Beerman Services Macey Signs, Inc. General Contractor License General Contractor License General Contractor License Rubbish Hauling License Sign Hanging License Councilman LoSleben seconded the motion. There being no further business to come before the Council, n Page 195 March 20, 1973 Councilman Gutzmer moved that the meeting be adjourned. Councilman Wahl seconded the motion. Ayes: 4 Nays: 0 Time of Adjournment: 12:12 o'clock A.M. ATTEST: Robert G. Lockwood Acting Mayor