1973-02-06 Council minutesPage 167
February 6, 1973
VILLAGE OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
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, Losleben, Gutzmer
and Wahl.
APPROVE
MINUTES
Ayes: 5
Nays: 0
Ayes: 5
Nays: 0
APPLICATION FOR
APPOINTMENT TO
PARKS AND
RECREATION
COMMISSION
MIDWEST
PLANNING AND
RESEARCH
Ayes: 5
Nays: 0
Councilman Lockwood moved approval of the minutes of the
January 16 meeting.
Councilman Gutzmer seconded the motion.
Councilman Wahl moved approval of the minutes of the
January 23 meeting.
Councilman Losleben seconded the motion.
Mayor Huber acknowledged receipt of a letter from
Mrs. Jacquelyn David, 645-1st Avenue, in which Mrs. David
requested that she be considered for appointment to the
Parks and Recreation Commission.
Mayor Huber acknowledged receipt of a letter from
Mr. Jim Ruone of Midwest Planning and Research wherein
Mr. Ruone requested permission for Midwest Planning to
continue working with the Northland Company in the design
of their industrial park and at the same time continue
working as the Village Planner. Mr. Ruone stated that
Northland plans to start marketing the land and Midwest
Planning will look into market research for them.
Mayor Huber stated that if Midwest Planning continues in the
same manner as it has in the past with the Village being
Midwest's primary concern and Northland being the secondary
concern, he can see no conflict of interest.
Councilman Lockwood moved that the Village Council approve
Midwest Planning and Research's request to perform services
for Northland Company in the areas of site planning, site
design and market research, and at the same time Midwest may
continue to work as the Village's Planner.
Mayor Huber seconded the motion.
SOMERSET VIEW
STREET
IMPROVEMENTS
Page 168
February 6, 1973
The following residents submitted letters in opposition
to the proposed improvements or signed a list submitted
at the feasibility hearing on January 23, 1973 in
opposition to the proposed street improvements:
Alfred 0::. Anderson
Harold S. Latham
E.R. Isaacson
Ray Brower
Howard Hinterthuer
Duane Kilde
O.C. Wakefield
Robert W. Bergstrom
Russ M. Nelson
Raymond Mattson
Joseph Eastman
George Lowe
James Henry
C.T. Garvey
John Skradde
Nick Dalsen
W.H. Staples
Bud Parson
A. Schwartz
Mrs. Ohert Lillo
E. Edward Carlson
George Gubash
F. Robert Edman
1211 Delaware Avenue
26 Dorset Road
573 Emerson Avenue
1281 Delaware Avenue
625 W. Emerson
1311 Delaware Avenue
5 Hingham Circle
13 Mears Avenue
29 Dorset Road
30 Dorset Road
26 Somerset Road
20 Somerset Road
13 Dorset Road
28 Somerset Road
3 Hingham Circle
1 Beebe Avenue
557 Emerson
7 Beebe Avenue
601 W. Emerson
551 Emerson Avenue
15 Hingham Circle
1312 Dodd Road
2 Dorset Road
The following residents submitted letters in favor of the
proposed improvements:
Robert J. Reardon
Elwood Mears
J.S. Alberg
P.A. Farrell
O.P. Ofstehage
C.R. Calhoun
L.E. Shaughnessy, Jr.
Robert Wolters
Paul J. Breher
John F. Mullen
Art Miller
James E. Lennon
G.J. Stratton
O.L. Rittmaster
Doris Schleiter
R.James Gesell
11 Beebe Avenue
1182 Dodd Road
3 Dorset Road
19 Dorset Road
11 Hingham Circle
1 Hingham Circle
27 Dorset Road
11 Dorset Road
33 Somerset Road
1288 Dodd Road
1 Dorset Road
12 Somerset Road
2 Somerset Road
12 Dorset Road
10 Dorset
8 Somerset Road
Councilman Gutzmer stated that he has located on a map the
properties of those people objecting to the project, and
that three of those residences have driveways facing on
Page 169
February 6, 1973
Emerson and three have driveways facing on Delaware and
thus they probably do not use the internal streets of the
project as much as some of the other affected property
owners.
Councilman Losleben stated that he had spoken to a number
of people in the Somerset View Addition and that most of the
objections were either based on the fact that the project is
not proposed to include curbs and gutters and storm sewers or
because they object to the cost.
Councilman Wahl stated that apparently there are more people
in favor of the project than against it. He asked
Engineer Ken Meyer if new culverts will be included in the
project in the Mears Avenue and Somerset Avenue areas to
help alleviate the water problem. Mr. Meyer stated that
there are culverts under the main streets and it is planned
that aprons will be put on the existing culverts. There will
be no change in the size of the culverts.
Councilman Lockwood stated that since the feasibility hearing
he has contacted approximately 60% of the residents in the area
and that the majority of those residents favor the project. He
pointed out three possible alternatives to the project but he
stated that none of the alternatives would be permanent and that
the alternatives would only please those residents who do not
wish to pay the assessment costs for the proposed improvement
or those who wish to retain the rustic appearance of the area.
Mayor Huber stated that he feels that the project is necessary
on the basis that a majority of the people favor it and also
because the ability of the Village to maintain the streets as
they currently exist is diminishing. He also expressed the
Council's appreciation for the responses, both for and against
the project, which have been received.
Mayor Huber moved adoption of Resolution Number 73-09,
"RESOLUTION ORDERING STREET IMPROVEMENTS TO SERVE THE SOMERSET
VIEW AREA AND ORDERING FINAL PLANS AND SPECIFICATIONS THEREEOR."
Councilman Lockwood seconded the motion.
Ayes: 5
Nays: 0
STREET The Council briefly discussed a memo from Village
MAINTENANCE Administrator Johnson outlining street maintenance costs, by
areas, for Village streets.
PARKS AND Councilman Gutzmer moved that Mr. W. Gerald Lundeen be
RECREATION appointed to the Parks and Recreation Commission for a three
COMMISSION year term.
APPOINTMENTS Councilman Losleben seconded the motion.
Ayes: 5
Nays: 0
Page 170
February 6, 1973
Councilman Losleben moved that Mrs. Madelyn Shipman be
appointed to the Parks and Recreation Commission to complete
the balance of Councilman Losleben's term (one year) on
the Commission.
Councilman Wahl seconded the motion.
Ayes: 5
Nays: 0
PETITION FROM The Village Council acknowledged receipt of a petition from
EAGLE RIDGE residents of the Eagle Ridge area requesting that the Village
RESIDENTS Council review traffic flows at the intersection of the
Interstate 35E exit and Victoria Road with Trunk Highway 13
with the ultimate hope that the intersection be redesigned at
some future time.
Mayor Huber stated that the intersection is very bad because
of poor visibility and referred the matter to the Planning
Commission for study and a report to the Council. Mayor Huber
also diredted the Village Administrator to notify the Eagle
Ridge residents of the Council action.
JOINT LAW Police Chief Baldwin outlined the proposed Dakota County
ENFORCEMENT Joint Law Enforcement Council Agreement for the Council. He
COUNCIL stated that the Agreement would allow the various law
enforcement agencies within the County to work together under
County funding and that under the Agreement, the Village Council
would appoint one person to the Joint Council and the Police
Chief would also be a member.
Village Administrator Johnson stated that the Joint Law
Enforcement Council is a method of coordinating all the Police
Departments in Dakota County and allowing them to work jointly
with State and Federal agencies.
Mayor Huber moved adoption of Resolution Number 73-10,
"RESOLUTMON APPROVING CONCEPT OF JOINT LAW ENFORCEMENT COUNCIL
FOR DAKOTA COUNTY."
Councilman Gutzmer seconded the motion.
Ayes: 5
Nays: 0
SQUAD CAR Village Administrator Johnson stated that based on figures
BIDS received last summer, a provision for leasing rather than
purchasing a squad car for the Police Department was placed
in the 1973 budget. He further stated that the figures for
leasing a squad car have escalated since the budget was
prepared and that it would now be more economically
feasible to purchase a squad car to replace the present car
(station wagon).
Councilman Gutzmer moved that specifications be written for the
purchase of a 1973 squad car and that bids be let with March 1
being the date for opening of bids.
Councilman Lockwood seconded the motion.
Ayes: 5
Nays: 0
APPLICATION FOR
BUILDING PERMIT
RICHLINE CO.
Ayes: 5
Nays: 0
1973 SERVICE
CONTRACT --
BECKMAN, YODER
AND SEAY
REQUEST FOR
SEWER
ASSESSMENT
DEFERMENT -
KULHANEK
Page 171
February 6, 1973
Mr. Russell Richardson, President of the Richline Company
was present to request a building permit to construct an
addition onto the Company's present facility.
Mayor Huber stated that the north side of the building should be
painted and that landscape plans should also be submitted.
Mr. Richardson stated that the building contract calls for
repainting of the entire building. He requested that he be
allowed to submit a letter to the Council thereby making a
commitment for appropriate landscaping. He stated that he
will be out of town for some time and will not have the time
to work out landscape plans at this time. Councilman Losleben
asked what provisions had been made for storm sewers and
Mr. Richardson stated that storm sewers were part of the new
contract.
Mayor Huber moved that the building permit be issued to the
Richline Company based on the Building Inspector's verification
of the engineer's signature on the plans and also subject to
submission of a letter indicating that appropriate landscape
plans will be submitted and also subject to submission of
mechanical and electrical plans.
Councilman Wahl seconded the motion.
Mr. Lee Starr and Mr. Larry Ritenour of Beckman, Yoder and
Seay submitted to the Council copies of a proposed 1973
contract for park planner services.
The Council raised several questions regarding provisions of the
contract, primarily those provisions contained in pages 5 through
8. The Mayor directed the Village Attorney to work with Beckman,
Yoder and Seay to rework pages 5 through 8 of the contract, giving
primary consideration to paragraph 3, page 5, paragraph B,
page 7, and the top three lines of page 8, which should be
changed to indicate that all original drawings, specifications
and other data will remain the property of the Village.
Village Administrator Johnson outlined for the Council a memo
regarding the sewer assessment levied against property
Mr. Kulhanek owns, known as Lot 14. Mr. Johnson stated that
the assessment that Mr. Kulhanek has requested be deferred is
a trunk sewer assessment, and that no sewer connection
assessment has ever been levied against this property. He
further stated that it has not been a policy of the Village
Council to defer trunk sewer (area) assessments, and he
recommended that the request be denied.
Councilman Lockwood stated that at the time the trunk sewer
assessment was levied, Mr. Kulhanek requested that the
assessment be reconsidered since the property is 85% under
water; however, it was the Council's decision that no area
assessments should be deferred. Councilman Lockwood further
Ayes: 5
Nays: 0
MARIE AVENUE
IMPROVEMENTS
Ayes: 5
Nays: 0
FIRE DEPARTMENT
MONTHLY REPORT
HOUSE FILE 273,
METROPOLITAN
AIRPORTS
COMMISSION
MEMBERSHIP
SEWER RENTAL
CHARGES
RESOLUTION
NO. 73 -11
Page 172
February 6, 1973
stated that the entire lateral assessment against this
property was deferred.
Mayor Huber moved that action be tabled on the matter until
a report on the Village's application for a level control
device for Rogers Lake is received from the Department of
Natural Resources.
Councilman Gutzmer seconded the motion.
Village Administrator Johnson stated that on January 26 he
had submitted to the Council a memo outlining the desireability
of calling for a publi c feasibility hearing on Marie Avenue
improvements from Dodd Road to Delaware Avenue, and that he
had also submitted a preliminary report and cost estimate
which had been submitted by the Village Engineer.
Mr. Johnson requested that a feasibility hearing be called
for February 27.
Councilman Gutzmer moved adoption of Resolution Number 73 -11,
"RESOLUTION ACCEPTING FEASIBILITY REPORT AND CALLING FOR
HEARING FOR STREET IMPROVEMENTS ON MARIE AVENUE BETWEEN
DODD ROAD AND DELAWARE AVENUE," the hearing to be held on
February 27.
Councilman Lockwood seconded the motion.
The Council acknowledged receipt of the Fire Department
monthly report for January.
Village Administrator Johnson stated that Representative
Raymond Kempe and others have authored-la `'bill which would
enlarge the membership of the Metropolitan Airports
Commission. Mr. Johnson submitted to the Council copies of
the League of Minnesota Municipalities Legislative Bulletin
reprint of H.F. 273 for the Council's information.
Mayor Huber directed the Village Administrator to write to each
of the authors of the bill expressing the Council's appreciation
for the action and stating the Council's support of the bill --
the Council would be glad to testify on behalf of the bill.
Village Administrator Johnson outlined for the Council a memo
in which he has proposed a new rate schedule for sewer
charges for multiple dwelling, commercial and industrial
users.
The matter was held over for further study.
Village Attorney Winthrop stated that property located near
Wentworth and Wachtler Avenues and known as Parcel 26147 -B
is tax forfeit property and stated that the Village should
adopt a resolution requesting the County to turn over this
tax forfeit property to the Village for park purposes.
Ayes: 5
Nays: 0
PARK
PROPERTY
Ayes: 5
Nays: 0
LIST OF
CLAIMS
Ayes: 5
Nays: 0
LICENSES
Ayes: 5
Nays: 0
Page 173
February 6, 1973
Mayor Huber moved adoption of Resolution Number 73-12,
"RESOLUTION AUTHORIZING REQUEST FOR CONVEYANCE TO VILLAGE OF
TAX FORFEITED PROPERTY."
Councilman Wahl seconded the motion.
Attorney Winthrop recommended that the Village Council
authorize the purchase of five lots in the Friendly Hills
area adjacent tothe Friendly Hills park site. The present
owner is the Rauenhorst Corporation and the purchase price
requested for the five lots is $5,000.
Councilman Gutzmer moved adoption of Resolution Number 73-13
"RESOLUTION AUTHORIZING PURCHASE OF ADDITIONAL PARK LAND
FOR THE FRIENDLY HILLS AREA."
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,
February 6, 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 Wahl seconded the motion.
Councilman Wahl moved approval of the licenses, granting
licenses to:
J. & D. Builders; Inc.',
Ron Kisling Excavating
McKnight Trucking, Inc.
Action Disposal System, Inc.
Buchman Plumbing & Heating
Nelson Sheet Metal and Roofing
Inc.
M.F. Fleischhacker, Inc.
Gateway Glass Company
General Contractor License
Excavating License
Rubbish Hauling License
Rubbish Hauling License
Plumbing License
Heating License
Masonry Contractor License
Glazing Contractor License
Councilman Losleben seconded the motion.
Page 174
February 6, 1973
ADJOURN There being no further business to come before the Council,
Councilman Losieben moved that the meeting be adjourned.
Councilman Lockwood seconded the motion.
Ayes: 5
Nays: 0
Time of Adjournment: 10:55 P.M.
ATTEST:
Donald L. Huber
Mayor