1973-07-17 Council minutesPage 242
July 17, 1973
VILLAGE OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Regular Meeting
Held Tuesday, July 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 Losleben, Wahl and Gutzmer.
Councilman Lockwood arrived late.
APPROVE Councilman Wahl moved approval of the minutes of
MINUTES the June 26 Board of Review.
Councilman Losleben seconded the motion.
Ayes: 4
Nays: 0
Ayes: 4
Nays: 0
JOINT MINNESOTA
GAS RATE
REGULATORY BOARD
ROGERS LAKE
LEVEL CONTROL
Ayes: 5
Nays: 0
Councilman Losleben moved approval of the minutes
of the July 3, 1973 meeting.
Councilman Wahl seconded the motion.
The Council acknowledged receipt of a letter from the
Joint Minnesota Gas Rate Regulatory Board. Village
Administrator Johnson stated that apparently there
are some differences between this concept and the
electric franchise and requested that the matter be
tabled until August 7 so that a Board member may
appear at that meeting.
The matter was tabled until August 7.
Councilman Lockwood arrived at 8:05 P.M.
The Council briefly discussed the final plans and
specifications for the Rogers Lake Level Control project
The Council pointed out that a stilling pond will be
constructed in Friendly Marsh, the pond level to be
832.0 and the level at the bottom of the pond to be
829.0. The Council stressed the point that the area
to be disturbed around the pond will be reseeded and
the area will be kept mowed and maintained for safety
and visibility purposes.
Mayor Huber moved the adoption of Resolution No. 73 -54,
"RESOLUTION ORDERING CONSTRUCTION OF DRAINAGE SYSTEM
AND LAKE LEVEL CONTROL SYSTEM FOR ROGERS LAKE TOGETHER
WITH DITCH CLEANING AND STILL POND CONSTRUCTION
(IMPROVEMENT NUMBER 72, PROJECT NUMBER 4)."
Councilman Lockwood seconded the motion.
Councilman Gutzmer moved the adoption of Resolution
Number 73 -55, "RESOLUTION APPROVING FINAL PLANS AND
SPECIFICATIONS FOR CONSTRUCTION OF DRAINAGE SYSTEM
AND LAKE LEVEL CONTROL SYSTEM FOR ROGERS LAKE TOGET HER
Ayes: 5
Nays: 0
Page 243
July 17, 1973
WITH DITCH CLEANING AND STILL POND CONSTRUCTION
(IMPROVEMENT NUMBER 72, PROJECT NUMBER 4)."
Councilman Wahl seconded the motion.
Councilman Losleben stated that something should be
done about the problem of runoff waters from the
Mendota Plaza. Village Administrator Johnson was
directed to study the situation and make a recommen-
dation to the Council.
CHANGE ORDER NO. 1 Mr. Larry Ritenour and Mr. Lee Starr, Park Planners,
PARK IMPROVEMENT were present to request approval of a change order
PROJECT to the park improvement project to allow for
modifications in the depth of the inlet and channel
in the Rogers Lake Park. It was pointed out that the
change order would not involve any additional cost.
Ayes: 5
Nays: 0
LILYDALE LAW SUIT
Ayes: 5
Nays: 0
INLAND CONSTRUCTION
COMPANY
Councilman Losleben moved the approval of Change
Order Number One for Park Improvement Project No. 2.
Councilman Gutzmer seconded the motion.
Village Attorney Winthrop stated that a tentative
settlement on two parcels involved in the boundary
dispute between the Village of Mendota Heights and
Lilydale has been reached. The two parcels of land
are located on Lexington Avenue and are owned by
Inland Construction Corporation. As part of the
settlement, the parcels of land can be developed only
for single family or multiple dwelling (four -story
condominium) use and that no more than 49 units can be
built on either of the two parcels. Under the terms
of the agreement, the Village must state, that it will
dismiss the lawsuit with prejudice and gives up any
claim to jurisdiction over the two parcels.
Mayor Huber moved the adoption of Resolution
Number 73 -56, "RESOLUTION AUTHORIZING SETTLEMENT OF
LILYDALE LAW SUIT."
Councilman Gutzmer seconded the motion.
Village Attorney Winthrop stated that Inland
Construction Company has requested that they be
allowed to hook onto the Village's water system to
service the two parcels of land owned by Inland and
located on Lexington Avenue. He further stated that
a resolution should be adopted expressing the
Village's intent to service the property and
authorizing the Village Engineer to prepare a
proposed assessment figure.
Ayes: 5
Nays: 0
POLICE DEPARTMENT
MONTHLY REPORT
BUILDING PERMIT --
ALBERT HANSON
PLANNING AND
DEVELOPMENT
NEWSLETTER
CORRESPONDENCE
TUMINELLY, INC.
VICTOR COMPTOMETER
SOMERSET "19"
BIRCH COMPANY
HEATING LICENSE
Page 244
July 17, 1973
Councilman Gutzmer moved the adoption of Resolution
Number 73-57, "RESOLUTION AUTHORIZING INLAND
CONSTRUCTION CORPORATION TO CONNECT TO THE VILLAGE
MUNICIPAL WATER SYSTEM."
Councilman Wahl seconded the motion.
The Council acknowledged receipt of the Police
Department monthly report for June, 1973.
Village Clerk-Treasurer Radabaugh stated that
Mr. Albert Hanson, 1595 Wachtler Avenue, has applied
for a building permit to construct a new home at his
present address, with the intent of moving or razing
his present home after the new home has been completed.
The Council directed the Village Attorney to prepare
a letter for Mr. Hanson's signature stating that the
present structure will be moved or razed when the
new home is ready for occupancy and further stating
that the new home will be hooked up to the sanitary
sewer system.
The Council acknowledged receipt of the June, 1973
Dakota County Planning and Development Newsletter.
The Council acknowledged receipt of a letter from
the League of Minnesota Municipalities regarding
policy and legislative committees.
Mr. Carmen Tuminelly was present regarding the
exterior surface and screening around the air condition--
ing unit on the Victor Comptometer Building. The
Council also acknowledged receipt of a letter from
Mr. Tuminelly regarding this matter.
Mr. Tuminelly promised the Council that the building
will be surfaced with stucco-type material and the
mechanical unit will be screened by the end of
July.
Mayor Huber directed Mr. Tuminelly and Mr. Bream to
appear at the July 24 Planning Commission meeting to
request a variance for the parking lots at Somerset "19"
and for approval of the landscape and planting plans.
The Council acknowledged receipt of five letters
(presented by Mr. Birch) as evidence of his competency
as a heating contractor.
Ayes: 4
Nays: 1 Lockwood
Ayes: 5
Nays: 0
TRANSPORT DRIVE/
MENDOTA HEIGHTS ROAD
IMPROVEMENTS
(IMPROVEMENT NO. 73,
PROJECT NO. 3)
Page 245
July 17, 1973
Mr. Birch stated that three of the letters were
written by suppliers and two are from clients.
Mayor Huber questioned whether the recommendation of
a supplier would be a valid testimonial to Mr. Birch's
competency.
Village Attorney Winthrop stated that the Village
ordinances require that an applicant for a license
must satisfy the Council that he is competent in his
field. He also pointed out that with regard to
heating licenses, the Council has in the past made it
a practice to require that the applicant pass the test
given by a Class A city as proof of competency.
Building Inspector Bjorklund stated that the heating
inspector from St. Paul and Frank Eha, the gas
inspector, had done an inspection on a house on Dodd
Road in which Mr. Birch is installing a heating unit.
The inspectors indicated that a letter would be forwarded
to the Village on the results of the inspection;
however, no letter has been received to date.
The Council pointed out that at the July 3 meeting,
the Council had requested that Mr. Birch make
arrangements to take the license test and that he
submit letters of proof of competency to the Council.
Mayor Huber moved that the Birch Company application
for a heating license be denied.
Councilman Gutzmer seconded the motion.
Mayor Huber moved to amend the motion to deny the
license without prejudice to reapplication after the
Class A license test has been taken and passed.
Councilman Gutzmer seconded the motion.
The Village Council acknowledged receipt of the
Village Engineer's feasibility report on sanitary
sewer, storm sewer, water, curb and gutter and street
improvements on Transport Drive from Mendota Heights
Road from T.H. 13 to T.H. 55.
Councilman Gutzmer moved the adoption of Resolution
Number 73-58, "RESOLUTION ACCEPTING ENGINEER'S REPORT
AND CALLING FOR HEARING ON PROPOSED CONSTRUCTION OF
AN EXTENSION TO THE VILLAGE WATER DISTRIBUTION SYSTEM,
SANITARY ANaLSTORM SEWER SYSTEM AND STREET, CURB AND
GUTTER IMPROVEMENTS TO SERVE PROPERTIES ABUTTING ON
MENDOTA HEIGHTS ROAD FROM STATE TRUNK HIGHWAY NUMBER 13
Ayes: 5
Nays: 0
CITY CODE
LIST OF CLAIMS
Ayes: 5
Nays: 0
LICENSES
Ayes: 5
Nays: 0
Page 246
July 17, 1973
TO STATE TRUNK HIGHWAY NUMBER 55 AND TRANSPORT DRIVE
FROM MENDOTA HEIGHTS ROAD TO PILOT KNOB ROAD
(S.A.R. NO. 31)," setting the hearing date for
August 21.
Councilman Wahl seconded the motion.
Village Administrator Johnson distributed to the
Council bulletins from the League of Minnesota
Municipalities on the City Code for elections.
Village Administrator Johnson stated that bids will
be accepted through July 27 for salvagable items at
1020 Wagon Wheel Trail.
Councilman Lockwood commended Officer Dorrance Wicks
for responding quickly and efficiently to an emergency
call on the evening of July 16.
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, July 17, 1973, having
been audited by the Village Council, be and are
hereby authorized and directed to issue Village checks
in payment of said claims.
Councilman Losleben seconded the motion.
Councilman Wahl moved approval of the list of
licenses, granting licenses to:
Tuminelly, Inc.
Forbrook Construction Inc.
Kallin, Inc.
Mario Frasson Cement Co.
Katz Plumbing & Htg. Co.
Mitchell Heating Inc.
Neil and Hubbard Htg. Co.
Spriggs Plumbing & Htg.
Standard Heating & Air
Conditioning
Suburban Heating Co., Inc.
Twin City Furnace Co.
Ray N. Welter Htg. Co.
Genz-Ryan Plumbing & Htg. Co.
Katz Plumbing & Htg.
Spriggs Plumbing & Htg.
General Contractor License
General Contractor License
General Contractor License
Cement & Masonry License
Heating License
Heating License
Heating License
Heating License
Heating License
Heating License
Heating License
Heating License
Plumbing License
Plumbing License
Plumbing License
Councilman Gutzmer seconded the motion.
ADJOURN
Ayes: 5
Nays: 0
Page 247
July 17, 1973
There being no further business to come before the
Council, Councilman Lockwood moved that the meeting
be adjourned.
Councilman Wahl seconded the motion.
Time of Adjournment: 11:23 P.M.
ATTEST:
Donald L. Huber, Mayor
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