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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