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1973-03-06 Council minutesL) Page 182 March 6, 1973 VILLAGE OF MENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, March 6, 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 Lockwood, Wahl, Gutzmer and Losleben. APPROVE Councilman Wahl moved approval of the minutes of the MINUTES February 20 meeting. Councilman Losleben seconded the motion. Ayes: 5 Nays: 0 COMMUNICATIONS Mayor Huber acknowledged receipt of a petition objecting to proposed Marie Avenue improvements;-a list of persons objecting to the proposed MarieAvenue improvements; letters from John J. Nafus, Sonja Roubik, and the Robert Maher family objecting to the proposed improvements. PARKS AND Parks and Recreation Commission Chairman Joseph Stefani was RECREATION present to request that the Village Appraiser be authorized to negotiate for the purchase of 2.9 acres of property owned by Will Wachtler and adjoining the Interstate Park. The property consists of two small parcels, one parcel equaling .6 acres and the other parcel consisting of 2.3 acres. Mr. Stefani stated that in December, 1971 these parcels were appraised at $4,500 per acre. Ayes: 5 Nays: 0 Mr. Will Wachtler stated that when the Village asked for additional land for sewer it was agreed that no more land would be acquired from the Wachtler family. Mayor Huber stated that if there is any legal document prelude such acquisition it will be brought out during acquisition negotiations . Councilman Losleben moved that negotiations be authorized for 2.9 acres of land owned by Will Wachtler and adjacent to the Interstate Park. Councilman Wahl seconded the motion. PARKS AND RECREATION COMMISSION ACQUISITION OF PROPERTY Ayes: 5 Nays: 0 COMMUNICATIONS TAX LEVY MARIE AVENUE Page 183 March 6, 1973 Mr. Joseph Stefani invited the Village Council to a joint tour of the park system on Saturday, March 24. He stated that he will send a notice of this tour to the Councilmen. He also requested that the Council meet with the Park Commis sion at 7:00 B.M. on April 3 to go over the park sites in detail regarding park development plans. Village Attorney Winthrop stated that he has an earnest money contract from the Marie Investment Company for a parcel of property known as Parcel No. 26009-Alb:. adjoining the Interstate Park and consisting of 9.8 acres. The purchase price for the property is $42,200 with the Village assuming the assessments and taxes on the property in the amount of $6,200, making the total purchase price of $48,400. He stated that the Appraiser recommends the purchase. Councilman Losleben moved that the earnest money contract be accepted and that the Mayor and Clerk be authorized to sign it. Mayor Huber seconded the motion. The Council acknowledged receipt of a notice of a Legislative Action Conference from the League of Minnesota Municipalities. Village Administrator Johnson stated that the conference will be held at the St. Paul Arts and Sciences Center on the afternoon and evening of March 14. The Council also acknowledged receipt of a...letter from the N.S.P. Electric Rate Study Committee informing the Village Council of a meeting to be held on March 15 at 7:30 P.M. at the Brooklyn Center Civic Center. The purpose of the meeting is to present two documents to municipal governing bodies and administrative personnel -- one document is a proposed uniform electric franchise and the other document is a proposed joint agreement among the communities which adopt the franchise (the franchise would permit all communities which adopt the franchise to act jointly in regulating N.S.P. rates in accordance with the terms of the franchise). Village Administrator Johnson presented to the Council a tabulation of the Village's tax levy. Mayor Huber stated that several letters had been received in opposition to the proposed Marie Avenue improvements from Dodd Road to Delaware Avenue, and that there are several persons in the audience who are interested in receiving more information. He stated that the Council is studying all the letters and that they are now considering constructing the section from Dodd Road to Victoria before completing this section. Page 184 March 6, 1973 Councilman Lockwood stated that he and the Village Administrator had met with the Minnesota Highway Department and that the Highway Department officials stated that if the Village decides to construct Marie Avenue from Dodd Road to Delaware on anything less than a 44 foot driving surface they would reject the use of State Aid funds. He also stated that the Highway Department people pointed out that Mendota Heights is just one community out of 94 that qualify for State Aid funds and that they feel that what is good for one community is good for other communities. Village Administrator Johnson stated that the Highway Department engineer brought out the design map for the bridge which showed that the bridge was designed for a 44 foot driving surface when the Village committed itself to the State Aid improvements and that the bridge cost about $180,000. Councilman Lockwood stated that there are really no traffic density studies available on the State Aid roads and that the Highway Department people indicated that the Village will soon have to bear the cost of such studies. Mayor Huber stated that the petition from the residents on Marie Avenue raised several questions which must be answered and that the Council intends to study and answer all the questions. He stated that the Highway Department feels that the other section should be completed first and that the Council must answer that question to the Highway Department. Mr. John Barber asked if there will be another hearing on the proposed improvements and Mayor Huber answered that the residents will be notified when the subject comes up for consideration again ORDINANCE Continued from February 20. Village Attorney Winthrop REGULATING distributed to the Council revised copies of a proposed ordinance PARKING OF regulating the parking of motor vehicles and explained the MOTOR VEHICLES revisions. Mayor Huber moved the adoption of Ordinance Number 108, "AN ORDINANCE REGULATING THE PARKING OF MOTOR VEHICLES ON PRIVATE PROPERTY, ON PRIVATELY OR PUBLICLY OWNED PARKING LOTS AND ON PARKWAYS, IN PARKS, AND UPON OTHER PUBLIC GROUNDS, AND PROVIDING A PENALTY FOR VIOLATION THEREOF." Councilman Gutzmer seconded the motion. Ayes: 5 Nays: 0 VOLUNTEER FIRE Village Administrator Johnson stated that revisions, in DEPARTMENT accordance with Council direction on January 16, 1973, had been ORDINANCE made in the proposed Volunteer Fire Department ordinance. He briefly explained the revisions. Mayor Huber moved the adoption of Ordinance Number 109, "AN ORDINANCE AMENDING ORDINANCE NO. 3 AND PROVIDING FOR THE ESTABLISHING OF A VOLUNTEER FIRE DEPARTMENT AND MAKING RULES Page 185 March 6, 1973 AND REGULATIONS FOR THE GOVERNMENT OF THE SAME." Councilman Lockwood seconded the motion. Ayes: 5 Nays: 0 VARIANCE FOR Village Administrator Johnson stated that Sheehy Construction SIGN HEIGHT-- Company has requested a variance for sign height-so that SHEEHY they can relocate the present Mendota Plaza sign from its CONSTRUCTION present location to within about 80 feet from the COMPANY highway right-of-way. The present height of the sign is 35 feet and Sheehy Company is requesting a variance which would allow a height of 45 feet. Mr. Johnson stated that the actual height of the proposed sign would be several inches below its present height (based on mean sea level). Mr. Johnson referred the Council to a planning report submitted by Village Planner Jim Ruone. Councilman Losleben stated that he feels that matters of this nature should be referred to the Planning Commission. Councilman Wahl shared this opinion. Mayor Huber stated that technically such matters should come before the Village Council and the Council would then refer such matters to the Planning Commission if they see fit to do so. Mayor Huber moved that a ten foot variance in sign height be granted to the Sheehy Construction Company with the stipulation that the height of the sign must be reduced to 35 feet if the sign must be moved back to its original location at such time as the Highway Department needs additional right-of-way for T.H. 110 and T.H. 49. Councilman Lockwood seconded the motion. Ayes: 5 Nays: 0 SPECIAL Councilman Gutzmer moved adoption of Resolution Number 73-18, PARK FUND "RESOLUTION ESTABLISHING SPECIAL PARK FUND," in which all cash contributions for parks and playgrounds shall be held (under the provisions of Ordinance No. 2 as amended) and that such funds shall only be used for acquisition, development and debt retirement in connection with land previously acquired for parks and recreation. Councilman Wahl seconded the motion. Ayes: 5 Nays: 0 PUBLIC Mr. John Lappakko requested that something be done to Cheri Lane to make it more passable during the present improvement construction. ROGERS LAKE Village Attorney Winthrop stated that he had just received LEVEL CONTROL a notice of Order and Findings of Fact on the hearing on Rogers Lake. He stated that in summary, the Department of Natural Resources has found that the ordinary high 1973 SQUAD CAR Page 186 March 6, 1973 water level is 872.2 feet and has provided that the Village may establish a level up to but not to exceed 873.0 feet, provided that the Village acquires any rights from parties whose property could be affected by water levels above 872.2. Village Administrator Johnson asked if there is an appeal time during which someone could appeal the determination of the ordinary high water level at 872.2 or the level of 873.0. Village Attorney Winthrop stated that he was not completely sure what the appeal time is and stated that he would like to have time to do some researching into the matter. Mayor Huber asked Mr. Winthrop to look into the legal aspects of the Order. There was considerable discussion about setting a date for a public hearing on Rogers Lake level control and it was decided that the matter of setting a hearing date should be postponed until the next regular meeting. Village Administrator Johnson stated that two bids were received on a 1973 Squad Car. One bid was from Fury Motors, the other bid was from Southview Chevrolet. Mr. Johnson stated that the lowest bid exceeds by about $400 the amount budgeted for a leased squad car for 1973, however there is no longer any alternative to purchasing a car. Mr. Johnson recommended that the low bid submitted by Fury Motors, Inc. of South St. Paul in the amount of $2,798.00 (with the 1972 squad car as trade-in) be accepted. Councilman Lockwood moved that Fury Motors, Inc. be awarded the bid for a 1973 model station wagon (squad car) in the amount of $2,798.00. Councilman Gutzmer seconded the motion. Ayes: 5 Nays: 0 SPECIAL POLICE Village Administrator Johnson stated that the State annually FUND appropriates $4,800 for police activities. He further stated EXPENDITURES that no determination has been made on how to expend the monies and proposed that a half-time secretarial position in the Police Department be created. He recommended that such a position be created on the basis of twenty hours per week, the salary to be paid from the Special Police Fund. Mayor Huber moved that the Village Administrator be authorized to hire a part-time clerk to work within the Police Department and to be paid from the Special Police Funds. Councilman Gutzmer stated that he would like to have the matter tabled until the next meeting. Councilman Losleben agreed. Mayor Huber withdrew his motion and tabled the matter until the next regular meeting. REVISED FIRE ALARM SYSTEM Ayes: 5 Nays: 0 Page 187 March 6, 1973 Village Administrator Johnson recommended that the Mayor and Clerk-Treasurer be authorized to sign an Agreement with the City of West St. Paul which would provide for the answering of all fire emergency calls through the West St. Paul Communication Center, and if a call is an emergency, the dispatcher will trigger the existing ringing system. The Mayor and Manager of West St. Paul have signed the agreement wherein such service will be provided for $50.00 per month. Mr. Johnson further stated that the changing of the telephone number could be done in the middle of May. - Councilman Gutzmer moved that the Mayor and Clerk-Treasurer be authorized to sign the Agreement with West St. Paul providing for the answering of fire calls. Councilman Wahl seconded the motion. STUDENT Village Administrator Johnson stated that in December the INTERN Council authorized hiring a half-time administrative intern from January 15 to May 15, but that the position did not materialize. He further stated that an opportunity has arisen to have a full-time student intern from St. Cloud work for 12 weeks for $30.00 per week beginning in the end of March and he recommended that the contract with the Urban Corps for the intern's services be signed. Councilman Gutzmer moved that the Mayor be authorized to sign the contract with the Urban Corps. Councilman Lockwood seconded the motion. Ayes: 5 Nays: 0 MISSISSIPPI Village Attorney Winthrop recommended that the Village RIVER Council authorize signing over to the Metropolitan Sewer CROSSING Board the Village's permit to cross over the Mississippi River. Councilman Lockwood moved that the Mayor be authorized to sign over to the Metropolitan Sewer Board the Village's permit to cross over the Mississippi River. Councilman Gutzmer seconded the motion. Ayes: 5 Nays: 0 INVESTMENTS Village Clerk-Treasurer Radabaugh stated that he would like to invest in two time-savings certificates of $100,000 each for six months at 6% interest -- the investments are $100,000 for the interceptor sewer and $100,000 being the Consolidated Improvement Fund. The investments are to be made with the Mid-America State Bank. Councilman Gutzmer moved that the Clerk-Treasurer be authorized to invest in two time-savings certificates of $100,000 each with the Mid-America State Bank for six months at 6% interest. Councilman Losleben seconded the motion. Ayes: 5 Nays: 0 Page 188 March 6, 1973 MARIE Councilman Lockwood stated that the charge has been made that AVENUE the Planning Commission never investigated the use of Marie Avenue as a State Aid street, however, this was thoroughly investigated at the time the roadway was suggested as a State Aid street. The residents had also questioned whether what was valid twenty years ago is still valid and Councilman Lockwood stated that after discussing the matter with the State Aid people they feel that because of the original estimates on traffic they do not have any interest to accept anything less than 44 feet in width for an MSA street. Councilman Lockwood further stated that if he were a resident on this section of Marie Avenue two things would bother him -- the burden of the existing assessments and the fact that the residents do not wish to have the street improved to the point that it would become similar to Marie Avenue between Delaware and Charlton in West St. Paul. He stated that if the Marie Avenue project were built as proposed and the people were assessed $15 per foot, their total assessments at that point would have reached approximately $36 per foot. He further pointed out that perhaps the residents would have a reduced objection to theproject if it were delayed, giving them a little more time to pay for the previous assessments. He stated that the Village must remain aware of its commitment to the State and the Federal Bureau of Roads. He stated that he feels it would be difficult to justify thetype of street that is being proposed for construction in the near future, and that he would suggest that the Council consider the possibility of honoring the commitment to the State by doing the section from Dodd Road to Victoria first. By doing this the residents on the east section of Marie Avenue will have a chance to pay off some of their present obligations and the traffic on the west section will determine what type of street will be necessary for the east section. Councilman Wahl stated that he does not feel that the residents on Marie Avenue from Dodd to Delaware should have to bear the burden of the assessments from the project since Marie Avenue is a State Aid road and since it is primarily used by all residents of the Village. Councilman Lockwood answered that the assessments are based on benefits received and that whether the resi dents feel that it is or is not a benefit, the State law recognizes an improvement as a benefit, and that the $15.00 would not pay for the entire benefit received. Councilman Losleben stated that there are several questions unanswered, the 80 foot easement, the width of the street, and the cost. He further stated that perhaps if the west section is done first, the questions inherent to the east section will have been answered. Mr. Robert Maher stated that the residents are 100% opposed to the acquisition of additional right-of-way and that there are some things to which they are opposed that are not negotiable . LIST OF CLAIMS Ayes: 5 Nays: 0 LICENSES Ayes: 5 Nays: 0 ADJOURN Ayes: 5 Nays: 0 Time of Adjournment: 10:50 o'clock P.M. Page 189 March 6, 1973 Mayor Huber stated that more answers are necessary prior to final consideration of the matter and that he would like to have some reaction from the residents on the proposal to do the west section of Marie first. 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, March 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 Losleben seconded the motion. Councilman Wahl moved approval of the list of licenses, granting licenses to: Tillges Realty, Inc. Ronald J. Pierre, Inc. Rudy J. Lenz, Inc. Wayne Construction Co. North Star Plumbing & Htg. General Contractor License General Contractor License Masonry Contractor License Masonry Contractor License Plumbing License Councilman Gutzmer seconded the motion. There being no further business to come before the Council, Councilman Wahl moved that the meeting be adjourned. Councilman Gutzmer seconded the motion. ATTEST: Donald L. Huber Mayor erk- dabaugh reasurer