1972-12-05 Council minutesPage 127
December 5, 1972
VILLAGE OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the Regular Meettng
Held Tuesday, December 5, 1972
Pursuant to due call and notice thereof, the regular meeting
of the Village Council, Village of Mendota Heights, was held
at 800 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, Couii_ilmen
Wahl, Blair and Gutzmer. Councilman Lockwood arrived at
8:05 P.M.
APPROVE
MINUTES
Ayes: 4
Nays: 0
ROGERS
LAKE
LEVEL
CONTROL
POLICE
DEPARTMENT
COMMENDATION
SAC
CHARGES
Councilman Gutzmer moved approval of
the minutes of the November 21,meeting.
Councilman Wahl seconded the motion.
Village Administrator Johnson stated that a
letter had been received from the Department
of Natural Resources in response to the
Village's application for a level control
structure for Roger's Lake.
In the letter, the DNR indicated that a public
hearing would be necessary due to the
controversial nature of the matter.
Mr. Johnson further stated that the DNR has
not contacted the Village since the receipt
of the letter, so the proposed date for the
public hearing is not known at this time.
The Council acknowledged receipt of a letter
from Mr. and Mrs. John Liska, commending and
thanking the Police Department for saving the
life of their son Brian.
The Village Administrator stated that a
letter had been received from the Metropolitan
Sewer Board regarding the new method of payment
(SAC) to be initiated on January 1, 1973 in lieu
of the present payment system. He stated that
PARK
COMMISSION
MINUTES
PARK
LAND
ACQUISITION
Page 128
December 5, 1972
in order to collect the SAC charges, some
type of authorization mould have to be given to the
staff and suggested that an ordinance adopting
the new charge system be prepared for Council
adoption.
Mayor Huber directed the Village Attorney to
prepare an ordinance adopting the SAC charge
system.
The Council acknowledged receipt of the minutes
of the November 2 Park Commission meeting and
the minutes of the November 15, 20 and 21
neighborhood meetings.
Park Planner Lee Starr stated that as a result
of Park Commission meetings and neighborhood
meetings some additional land acquisition has
been proposed.
He stabed that the first parcel of land under
consideration is Outlot H, Clapp—Thomssen
Ivy Hill. It is proposed that the parcel be
purchased, since it is adjacent to North Park,
in lieu of locating any additional facilities
in North Park. It is proposed that the property
be used for tennis courts and for parking for
North Park since there is a parking problem
at North Park at the present time.
Orvil Jbhnson stated that the Appraiser had
been in contact with Bill Clapp, owner of the
property, and that the original price for
acquiring the property was $42,000, but that
at the present time the requested price for the
1.8 acres is $25,000.
Councilman Wahl suggested that a feasibility
study be done to determine if the property
further notibh, across Butler Avenue, would
serve as an addition to the park at a less
expensive purchase price.
Mayor Huberbpointed out that Outlot H was
supposed to have been set aside as open—space
oommittment when the Ivy Hills Planned Unit
Development plans were approved several years
ago and suggested that some further consideration
be given to this aspect. He also stated that
Page 129
December 5, 1972
before any feasibility study be requested, he
would like to study the matter further and
see if a better purchase price can be
negotiated.
Lee Starr stated that the second parcel of
property proposed to be acquired involved
the purchase of essentially 5 lots adjacent to
the existing Friendly Hills park site, Lots 3,
4, 15, 16 and l7 of the old Friendly Hills
Rearrangement. He pointed out that the
acquisition i0 necessitated by almost full
use of the Friendly Hills site and the need
to provide space for tennis facilities.
0r. Parranto has been in contact with the
owners of the property (Rauenhorst) and the
acquisition price is approximately $5,O0O.
Village Administrator Johnson stated that the
parcel consists of roughly one and one—half
acres of land in order for the Park Commission
to continue their plans and follow the
Schedule of Events purchase of this
property is necessary.
Mr. Starr stated that another area under
consideration for acquisition consists of
approximately 13 acres and is located at
the right—of—way for 0eohtler Avenue and is
adjacent to land acquired under the HUD
grant. 0r. Parranto has been in contact
with the four owners of the property: the
appraised pricesis $32,250. The owners
feel that the $33,500 is a fair offer, but
they also requested that the approximate
$I4,400 assessment on the parcel be
cancelled.
Mayor Huber stated that he felt that this is
a realistic figure and that the Village could
also expect to cancel the assessment.
0r. Starr stated that the last parcel of
property under consideration consists of two
one and one—half acre parcels leading out of
the Interstate Park. The appraised price for
the property is $5,000 per acre: the owners
are requesting $7,500 per acre.
Ayes: 5
Nays: 0
0ENDOTA
HEIGHTS
PROJECT —
RAUENHORST
/PARKS AND
RECREATION)
TOPOGRAPHIC
SURVEYS
Ayes: 5
Nays: 0
Page 130
December 5, 1972
Councilman Lockwood moved that-the Village
Appraiser be authorized to secure earnest money
contracts for the land northeast of Interstate
Park and for Lots 3, 4, 15, 16 and 17 of the
Friendly Hills Rearrangement.
Councilman Blair seconded the motion.
The Council acknowledged receipt of the
Park Commission's "Analysis and Recreation
and Open Space Policy Recommendations —
Mendota Heights Project."
Councilman Gutzmer felt that the Park Commission
should not have had such a report preppred
without the knowledge and assistance of the
Planning Commission and stated that before the
report is submitted to Rauenhorst it should be
submitted to the Planning Commission.
Joseph Stefani, Park Commission Chairman, stated
that there was no intention on the part of the
Park Commission to bypass the Planning Commission
but rather that it was an attempt by the
Park Commission to compare the plans of the
developer with the plans prepared by the
Park Commission three years ago.
Mayor Huber directed that the report be submitted
to the Planning Commission before it is sent
to the developer.
Lee Starr stated that since the November 7
Council meeting he has contacted four land
surveying firms relative to preparation of
topographic surveys of six park sites. Of the
four firms, only two firms submitted proposals
for the surveys: Minnesota Valley Engineering and
Land Surveying submitted a proposal of $8,500;
Harry S. Johnson Land Surveyors' Inc. submitted
a proposal of $5,385.00, with the work to be
completed twenty—four days after receiving an
order to proceed with the work. Jim Kurtz and
Delmar Schwanz did not reppond with a proposal.
Mayor Huber moved that Harry B. Johnson Land
Surveyors, Inc. be hired to do topographic
surveys of six park sites at a cost of $5,385.00.
Councilman Wahl seconded the motion.
PLANNING
COMMISSION
MINUTES
REQUEST FOR
BUILDING
PERMIT --
KOPP/GRANT
1973
SALARIES
Ayes: 5
Nays: 0
Page 131
December 5, 1972
The Council acknowledged receipt of the
minutes of the November 29 Planning Commission
meeting.
0r. Gene Kopp and 0r. Phil Grant were present
to request a building permit, for a single
family structure, on Lot 5 of Auditor's
Subdivision No. 47.
Mayor Huber stated that Lot 5 is well within
the development -- it is not a corner lot. He
further stated that he would hope that the
builder plans to get the property platted and
get the improvements in.
0r. Kopp stated that this is not possible since
there are so many owners involved. He would like
to build a residence with individual sewer and
water with an easement across Lot 9.
Orvil Johnson stated that the County Treasurer's
office does not list Lot 9 on the tax rolls and
that the Assessor's office shows Lot 9 as having
been dedicated to the Village.
Mayor Huber stated that Mr. Grant and 0r. Kopp
should return at the next Council meeting and
that a petition for street, sewer and water
improvements should be presented to the Council.
0r. Johnson stated that at some time a feasibility
study would be necessary and that Lot 9 and the
development of the south property should be
addressed in the study.
Councilman Gutzmor moved that the Mayor and
Village Clerk be authorized to sign agreements
with the Union and the negotiating committee
for 1973, with the following I973 salaries:
Police
Public
Works
$1,007 per month (Top patrolman)
$ 815 per month (Maintenance Man)
with across the board increases of $44.00 per
month for other patrolman positions and sergeant
and $40.00 per month for Ieedman.
Mayor Huber seconded the motion.
Ayes: 5
Nays: 0
REQUEST
FOR
DEFERMENT —
RUSS
PROPERTY
SEWER
MAINTENANCE
AGREEMENT
Ayes: 5
Nays: 0
Page 132
December 5, 1972
Councilman Wahl moved approval of the
following 1973 salary adjustments:
Clerk — Treasurer $ 965.00/mo.
Bookkeeper 645.00/mo.
Secretary 565.00/mo.
Receptionist /Clerk 435.00/mo.
Public Works Supt. 997.00/mo.
Police Chief 1,265.00/mo.
Councilman Lockwood seconded the motion.
The Village Administrator stated that he has
had a request from William and Elsie Russ to
cancel sewer assessments on 21 acres of
property they own on the west side of Wachtler.
At the time the assessments were made, the
Lowery —Hill Company had purchased seven acres
from the Russ' and the County had put both
parcels in Lowery Hill's name. The Russ'
have since reacquired the entire 21 acres and
Mr. Johnson stated that the Council should now
decide whether it wishes to cancel the remaining
assessment or refund any payments which have
been made on the assessment.
Mayor Huber directed the Village Attorney to
prepare a resolution deferring the assessment
and refunding payments already made on the
assessment.
Councilman Lockwood stated that the Wachtler
property south of the Russ property had been
assessed for 100 feet rather than a full
assessment, and that since the Russ and Wachtler
properties are almost identical, he felt that it
would be proper to treat them equally.
The Village Attorney agreed that a 100'
assessment would be proper and suggested that
the Village Engineer determine the charge for
a 100' assessment.
Councilman Lockwood moved adoption of
Resolution Number 527, "RESOLUTION AUTHORIZING
RENEWAL OF INTERCEPTOR MAINTENANCE AGREEMENT."
Councilman Blair seconded the motion.
STUDENT
INTERN
Ayes: 5
Nays: 0
SPLIT
LIQUOR
Ayes: 5
Nays: 0
SOMERSET
VIEW
STREETS
Ayes: 5
Nays: 0
H.
DEPARTMENT
Page 133
December 5, 1972
The Village Administrator stated that the
Village again has an opportunity to hire a
student intern through the Urban Corps program.
He requested that Mark Vierling, a junior
at St. Thomas College, be hired as student
intern to work approximately 15 to 20 hours
per week from January 15 to May 15 at a
salary of $11.25 per week.
Mayor Huber moved that Mark Vierling be hired
as a student intern from January 15 to May 15
at a salary of $11.25 per week.
Councilman Blair seconded the motion.
Orvil Johnson stated that the law doesn't allow
the operation of a municipal liquor store and
the issuance of on—sale licenses. He suggested
that a resolution be adopted requesting
legislation which would allow issuance of on—sale
licenses when the municipal liquor store is
opened.
Mayor Hubermmovud adoption of Resolution
No. 528, "RESOLUTION REQUESTING SPLIT LIQUOR
LEGISLATION."
Councilman Gutzmer seconded the motion.
Councilman Lockwood stated that the matter of
Somerset View Streets has been under consideration
for some time and that if improvements are to
be made during 1973, a public hearing on the
matter should be held in thennear future.
Councilman Gutzmer moved adoption of Resolution
Number 529, "RESOLUTION ACCEPTING ENGINEER'S
REPORT AND CALLING FOR HEARING ON PROPOSED
CONSTRUCTION OF STREET IMPROVEMENTS TO SERVE
THE SOMERSET VIEW AREA," the meeting to be
held on January 23, 1973 at Somerset School.
Mayor Huber seconded the motion.
Councilman Wahl requested that some type of
resolution be passed providing for filling in
of lots after the Fire Department has razed
structures during drills.
EARNEST
MONEY
CONTRACT —
GANGL
Ayes: 5
Nays: 0
PARK
COMMISSION
ORDINANCE
RELEASE
OF EASEMENT
Ayes: 5
Nays: 0
DELINQUENT
SEWER
RENTAL
CHARGES
Ayes: 5
Nays: 0
Page 134
December 5, 1972
Mayor Huber stated that he would like to have
the Fire Department come to the Council for
permission to burn down buildings so that
some provision can be made for filling in the
lots after structures have been burned.
Councilman Gutzmer moved adoption of Resolution
Number 530, "RESOLUTION AUTHORIZING ACQUISITION
OF A PORTION OF GANGL PROPERTY," authorizing
expenditure of $642.00 for purchase of 30 feet
of the front of the Gangl's lot and for a
temporary easement over 20 feet of the property
in connection with sanitary sewer improvements
for Improvement No. 72, Project No. 7,
Zachman /Shields.
Councilman Wahl seconded the motion.
The Village Attorney submitted to the Council
copies of the proposed Park and Recreation
Commission Ordinance.
Mayor Huber requested that themmatter be tabled
until the December 19 Council meeting.
Mr. Winthrop stated that in 1969 an easement
was received from James Myers. He further
stated that a different easement has now been
received and requested that the Mayor and Clerk
be authorized to sign a Release of Easement on the
original easement.
Mayor Huber moved that the Mayor and Clerk be
authorized to execute the Release of Easement.
Councilman Gutzmer seconded the motion.
Mayor Huber moved adoption of Resolution Number
531, "RESOLUTION CERTIFYING DELINQUENT SANITARY
SEWER RENTAL CHARGES TO THE DAKOTA COUNTY AUDITOR
FOR COLLECTION WITH REAL ESTATE TAXES," for the
following:
1824 Valley Curve Road
2237 Apache Street
1160 Dodd Road
751 Mohican Lane
$101.50
70.45
92.35
56.99
Councilman Wahl seconded the motion.
Page 135
December 5, 1972
INVESTMENTS Mayor Huber moved reinvestment of
$8,250.00 (interest on investment of Park Bond
funds), and $4,589.35 (Special Police Fund
Investment).
Councilman Blair seconded the motion.
Ayes: 5
Nays: 0
PLEDGE OF
SECURITY
Ayes: 5
Nays: 0
LIST OF
CLAIMS
Ayes: 5
Nays: 0
LICENSES
Ayes: 5
Nays: 0
Mayor Huber moved that the Village Clerk—
Treasurer be authorized to sign and accept
the agreement for safekeeping of $300,000
Pledge Securities for depository funds placed
with the Mid America State Bank of Mendota
Heights. The Pledge Securities consists of
Federal InterCredit Banks 5.65% interest due
August 1, 1973.
Councilman Wahl seconded the motion.
Mayor Huber 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, December 5, 1972x 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 Gutzmer seconded the motion.
Councilman Wahl moved approval of the licenses,
granting a license to:
Churchill's Home Heating Heating and Air
and Cooling, Inc. Conditioning License
Councilman Lockwood seconded the motion.
ADJOURN
Ayes: 5
Nays: 0
Page 136
December 5, I972
There being no further business to come before
the Council, Councilman Blair moved that the
meeting be adjourned.
Councilman Gutzmer seconded the motion.
Time of Adjournment: I0:20 o'clock P.M.
ATTEST:
Dona ld L. Huber
Mayor