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1972-12-19 Council minutesPage 137 December 19, 1972 VILLAGE OF 0ENDOTA HEIGHTS DAKOTA COUNTY STATE OF MINNESOTA Minutes of the Regular Meeting Held Tuesday, December 19, 1972 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. Acting Mayor Lockwood called the meeting to order at 8:00 o'clock P.M. The following members were present: Acting Mayor Lockwood, Councilmen Blair, Gutzmer, and Wahl. Mayor Huber notified the Council that he would be absent due to illness. APPROVE MINUTES Ayes: 4 Nays: 0 ROGERS LAKE LEVEL CONTROL Councilman Wahl moved approval of the minutes of the December 5 meeting. Councilman Gutzmer seconded the motion. Acting Mayor Lockwood acknowledged receipt of a notice of Hearing from the Department of Natural Resources. The Hearing, in the matter of the application of the Village for a permit to establish and control the level of Rogers Lake, will be held on Tuesday, January 9, 1973r at 6:30 P.M. in the cafeteria of the Mendota Blementary School. Mrs. Marilyn Nelson asked the Council if those persons in the assessment area would be notified of the Hearing. Acting Mayor Lockwood stated that the Hearing is of interest to many more people than just those persons in the assessment area. He further stated that the Village is not obligated to send notices for a Department of Natural Resources Hearing. Acting Mayor Lockwood directed the Village Administrator to submit the Notice of Hearing to the newspapers and to request that adequate coverage be given to the matter in the newspapers so that those interested in Rogers Lake level control could thereby be made aware of the Hearing. POLLUTION CONTROL AGENCY NOTICE OF HEARING APPLICATIONS FOR APPOINT- MENT TO PARKS AND RECREATION COMMISSION REQUEST FOR BUILDING PERMIT -- KDPP/GRANT PARKS AND RECREATION COMMISSION MINUTES ORDINANCE ESTABLISHING PARKS AND RECREATION COMMISSION Page 138 December 19, 1972 Acting Mayor Lockwood acknowledged receipt of a Pollution Control Agency Notice of Hearing in the matter of adoption of a transportation control plan as part of the Minnesota air quality implementation plan. The hearing will be held in the Board Room of the State Department of Health Building on Tuesday, January 16, 1973 at 9:00 A.M. The Council acknowledged receipt of letters from 0r. Stanley J. Lee, 740 Cheyenne Lane, and 0r. Raymond Rubin, 742 Cheyenne Lane. Each of the correspondents requested that he be considered for appointment to the Parks and Recreation Commission to fill the balance of James Losleben's term on the Commission. Village Administrator Johnson stated that he has received a note from 0r. Kopp and 0r^ Grant requesting that their request for afbuilding permit for a single family structure proposed to be built on Lot 5 of Auditor's Subdivision No. 47 be cancelled at this time. Acting Mayor Lockwood acknowledged receipt of the minutes of the November 27 Parks and Recreation Commission meeting. Village Administrator Johnson stated that at the Parks and Recreation Commission meeting held on December 18, some of the members of the Commission expressed their opinion that some provision should be made in the proposed ordinance to allow the Commission more input into the preparation of the Parks and Recreation budget. Councilman Blair stated that since it is the duty of the Administrator, who considers the advise of the departments involved, to prepare the budget, no provision on budget preparation is necessary. Ayes: 4 Nays: 0 MAC ACQUISITION PUBLIC MUNICIPAL STATE AID STREETS Page 139 December 19, 1972 Councilman Gutzmer moved the adoption of Ordinance Number 106, "AN ORDINANCE ESTABLISHING THE PARKS AND RECREATION COMMISSION," with the stipulation that typographical corrections be made. Councilman Wahl seconded the motion. 0r. Jbhn Lapakko inquired about the Metropolitan Airports Commission's intentions regarding the disposition of the homes it is acquiring in the Acacia Park area, stating that he had recently heard on a television news program that MAC intends to rent out the homes to people who do not object to the noise factor. Village Administrator Orvil Johnson stated that the Order which was adopted by MAC some months after the July 6 hearing stated that MAC will remove all of the homes. He further stated that the order does not allow MAC to acquire the "noise rights" and that the aspect of renting out the homes is in direct conflict with MAC`s Findings, Conclusions and Order. Acting Mayor Lockwood directed 0r. Johnson to check with MAC to determine the validity of 0r. Lapokko/e allegation. 0r. Stanley Lee thanked the Village Council for submitting to the newspapers an article outlining the Village snowmobile regulations. The Village Administrator stated that up to the present time the Village has approximately four and one—half "paper" miles of designated Municipal State Aid streets. Since the Village is entitled to 5.28 miles of designated State Aid streets, the Village is not receiving the State Aid allocations to which it is entitled. He stated that during the past few months, he and Village Engineer Kishel have been in contact with the Minnesota Highway Department with the intent of obtaining the authorized limit of "paper" miles. As a result of the meetings with the Highway Department, it was determined that the Village should show a 0SA route from Highway 110 to Mendota Heights Road one—half mile west of Page 140 . December 19, 1972 Delaware: this is one of the only open spaces in the Village where the Village can obtain the additional MSA mileage. He further added that he and mr. Kishel had requested of the Highway Department that Emerson Avenue between Delaware Avenue and Dodd Road be designated an MSA street; however, the Highway Department did not want to consider Emerson Avenue at this time. mr. Johnson also recommended that Marie Avenue from Delaware Avenue to Dodd Road be improved so that it meets existing MSA standards. He suggested that this segment of Marie Avenue be constructed in 1973, and, at the same time, in order to satisfy a commitment made by the Village to the Highway Department some time ago, prepare preliminary construction plans for the west section of Marie so that construction on this segment can proceed in 1974. Several of the Council members expressed concern over the financing of the construction, and the Village Administrator was directed to contact Financial Advisor Larry Shaughnessy on the matter. Councilman Blair moved adoption of Resolution Number 532, "RESOLUTION ORDERING PREPARATION OF REPORT ON STREET IMPROVEMENTS, MARIE AVENUE FROM DODD ROAD TO DELAWARE AVENUE." Councilman Gutzmer seconded the motion. Ayes: 4 Nays: 0 Councilman Blair moved the adoption of Resolution Number 533, "RESOLUTION ORDERING PREPARATION OF REPORT ON STREET IMPROVEMENTS, MARIE AVENUE FROM DODD ROAD TO VICTORIA ROAD. Councilman Wahl seconded the motion. Ayes: 4 Nays: 0 Councilman Gutzmer moved adoption of Resolution Number 534, "RESOLUTION ESTABLISHING MUNICIPAL STATE AID HIGHWAYS." Acting Mayor Lockwood seconded the motion. Ayes: 4 Nays: 0 VOLUNTEER FIR0EN PENSION LEGISLATION Ayes: 4 Nays: 0 Page 141 December 19, 1972 The Village Administrator stated that some years ago the State Legislature passed legislation which authorized a maximum of $40.00 per month as pension for retired firemen. The legislation gave no consideration to the amount of money coming into the fund or to actuarial soundness. He further stated that over the years there has been pressure exerted to make the pensions more generous and more practical: quite a few municipalities have requested special legislation enabling volunteer fire departments to increase a pension plan beyond the $40.00 per month maximum and also legislation requiring that actuarial studies be made at regular intervals. The Mendota Heights Volunteer Fire Department had an actuarial study made last summer and according to the study, there is sufficient money in the fund to double the present pension plan. Mr. Johnson stated that in the near future the members of the Relief Association will be asking that a special bill be drafted and introduced to the Legislature to authorize pensions to be increased to $80.00 per month. He requested that the Councilmen indicate their preliminary reaction to the formulation of such legislation. Councilman Blair stated that he is wholeheartedly in favor of such legislation, and Councilman Gutzmer suggested that the Village Attorney should be authorized to meet with the Relief Association officers and draft a bill. Acting Mayor Lockwood stated that he would like to have the Council think about the matter and also would prefer to table action on the matter until the next meeting so that the Mayor could express his opinion. Councilman Gutzmer moved that the Village Council authorize the Village Administrator and the Village Attorney to work together with the Relief Association Officers in the preparation of a draft of special legislation increasing the limitations on pension provisions per month. Councilman Wahl seconded the motion. PARK LAND ACQUISITION Ayes: 4 Nays: 0 METROPOLITAN SEWER -- SERVICE AVAILABILITY CHARGE Ayes: 4 Nays: 0 Page 142 December 19, 1972 Village Administrator Johnson stated that the Parks and Recreation Commission, at its December 18 meeting, recommended to the Village Council that another parcel of land be acquired in addition to the three sites authorized for acquisition at the December 5 Council meeting. The property recommended for acquisition, Parcel Number 1, owned by the Marie Investment Company, consists of approximately twelve acres and is on the north end of Interstate Park. Acquisition of this parcel will complete Interstate Park north of Marie Avenue. 0r. Johnson further stated that the Village Appraiser has negotiated a purchase price of $45/000 and that in addition to this price, the owner has requested that the Village absorb the $11,665 assessment against the property. Councilman Gutzmer moved that the Village Appraiser be directed to continue with negotiations and secure an earnest money contract for Parcel Number 1, owned by Marie Investment Company. Councilman Wahl seconded the motion. Village Attorney Winthrop distributed to the Council a proposed ordinance establishing the Service Availability Charge system. He stated that the ordinance will allow the Village to levy charges in order to collect the amount which will be assessed to the Village by the Metropolitan Sewer Board. Acting Mayor Lockwood read the proposed ordinance for the audience and the provisions of the ordinance were discussed and explained to the audience. Acting Mayor Lockwood moved the adoption of Ordinance Number I07, "ORDINANCE ESTABLISHING SEWER SERVICE AVAILABILITY AND CONNECTION CHARGE TO PAY RESERVE CAPACITY COSTS OF METROPOLITAN SEWER BOARD.x Councilman Gutzmer seconded the motion. ASSESSMENT ADJUSTMENT -- RUSB PROPERTY Ayes: 4 Nays: 0 LIST OF CLAIMS Ayes: 4 Nays: 0 LICENSES Page 143 December 19, 1972 Councilman Wahl moved the adoption of Resolution Number 535, "RESOLUTION REFUNDING ASSESSMENT, CORRECTING ASSESSMENT, AND PROVIDING FOR THE DEFERMENT OF THE LEVYING OF ASSESSMENT," with the stipu&atiOnothat no refund of the paid portion of the assessment be made until the Village Clerk—Treasurer determines from the County Treasurer that #3,033.02 has actually been paid on the assessment. Councilman Blair seconded the motion. Councilman Gutzmer questioned the payment of a bill from Beckman, Yoder and Seay and stated that he would like to have information presented at the January 2 Council meeting on previous payments to this firm in addition to contract obligations between the Village and Beckman, Yoder and Seay with regard to charges. 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, December 19/ 1972, having been audited by the Village Council, be and are hereby allowed and the Acting 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 Blair seconded the motion. Councilman Wahl moved approval of the licenses, granting licenses to: Kenneth Sohmartzmald, Builder K.J. Johnson Construction Co. General Contractor License General Contractor License Ayes: 4 Nays: 0 ADJOURN Ayes: 4 Nays: 0 Page 144 December 19, 1972 Gorco Construction Co. General Contractor License Mendota Heights Rubbish Service Rubbish QaolercLioensa: 0arv'u Rubbish, Inc. Rubbish Hauler License John H. 0oNeilI/DBA: City Clean Up Rubbish Hauler License L.W. Troup Construction Co. E Excavator's License Suburban Air Conditioning Co. Heating License Councilman Gutzmer seconded the motion. There being no further business to come before the Council, Councilman Blair moved that the meeting be adjourned. Acting Mayor Lockwood seconded the motion. Time of Adjournment: 10:05 P.M. ATTEST: debeugh Robert G. Lockwood Acting Mayor erk—Treasurer