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HomeMy WebLinkAboutMinutes - 1973/02/12Present: Mayor Neisen Councilman Baumgartner Councilman Johnson Councilman Hodges Councilman Pickar PROCEEDINGS OF THE VILLAGE COUNCIL VILLAGE OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA February 12, 1973 A Regular Meeting of the Mounds View Village Council was called to order by Mayor Neisen at 8:00 P.M., on February 12, 1973, at the Mounds View Village Hall, 2401 Highway #10, St. Paul, Minnesota 55112. MSP (Picker- Johnson) To approve the minutes of January 22, 1973. Resident Requests and Comments from the Floor: Mayor Neisen read the Police Report for January. Councilman Hodges arrived at the meeting. Clerk Zylla Report: Also Present: Clerk- Administrator Zylla Attorney Meyers Engineer Boehm James Doherty requested that the Council investigate placing a no U -turn sign in the highway median at the intersection of Highway 10 and Groveland Road. Mr. Doherty's request was referred to the Police Department. MSP Pickar- Baumgartner) To approve the licenses: Cement Gresser, Inc.; General Contractor Harris Const., Construction 70, Inc.; Heating Acme Sheet Metal Co., Custom Heating; Roofing Befort Roofing Inc.; Sign Billboard Kaufman Outdoor Advertising Co. MSP (Baumgartner Johnson) To approve the Bills: General Fund Check #6992 through #7060, Payroll Account Checks #1003 through 1005, and Check #7059 transferring $9,118.67; from Sewer Utility $967.49, and from Water Utility $1,012.91 to Payroll Account to pay gross pay February 12, 1973. Total disbursements excluding transfer Check #7059, $28,131.23. MSP (Johnson Hodges) To approve the confiscation of $223.14 of water meter deposits due to non payment of utility bills during 1972. Clerk Zylla stated there was $8.93 of loss on a total billing of approximately $220,000. MSP (Hodges Pickar) To change the minutes of January 15, 1973 by amending Page 2, second to the last sentence to read To adopt Ordinance #200 approving the re- numbering plan as presented." MSP (Johnson- Hodges) To approve the peddlers license for William Cosey, Kirby Distributor and to refuse a license to Don Haven who is selling a Child Guidance Program, based on the recommendation of the Clerk. 5 Ayes 5 Ayes 5 Ayes 5 Ayes 5 Ayes Clerk Zylla announced that the engineer for the Rice Creek Water -Shed District had informed him that they have reviewed the DeGardner Plat and have no objections to its approval. Mayor Neisen read a letter from John Kozlak of the Metropolitan Council inviting the Village Council to a meeting in Roseville February 21, to discuss the Metropolitan Transportation Plan. Bernard Friel and Roger Wikner, Bond Approving Attorney and Municipal Bond Underwriter respectively, appeared on behalf of Century Motor Freight requesting further Council approval of the sale of $1,500,000. worth of Industrial Revenue Bonds to finance the Century Motor Freight terminal. Attorney Meyers informed the Council that he had two resolutions this evening regarding this matter. MSP Neisen- Pickar) To suspend the reading of the resolutions and approving Attorney Meyer's verbal review of the resolutions. Attorney Meyers stated that the first resolution authorized the acquisition, installation, and leasing of the Century Motor Freight Project under the Municipal Industrial Development Act and approves the issuance of the bonds. Attorney Meyers stated that generally this resolution provides for the sale of $1,500,000. worth of Industrial Revenue Bonds, that the project has been authorized by the State Industrial Development Act, that the bonds are to be paid only from revenue generated by the project, that the Village is not pledging its full faith and credit, that the lessee and indenture have been approved, and that the resolution is directed to be executed on behalf of the Village in the name of the Mayor and the Clerk upon execution by the M. F. J. Corporation. The second resolution provides that the Village elects to have the provisions of the Internal Revenue Service Code, Section 103(c) (6d) apply to the issuance of these Industrial Revenue Bonds. Mr. Friel stated that he was a dis- interested third party in the proceeding and that he had reviewed the documents and has found that there is good title, that the State has approved the project, and that the bonds are tax exempt. Attorney Meyers stated that he has been unable to get Century Motor Freight and the Bonellos listed individually on the lease due to their unsettled proposed acquisition of Mercury Motor Freight. The Bonellos claim that if they were named personally on the lease they would have to go back to the Inter -State Commerce Commission and obtain another approval for their acquisition since to name them on the lease individually would materially affect their assets. -2- 5 Ayes. Rather than do that, Attorney Mayers stated that they have entered into an atornment agreement whereby M. F. J. Corp. which consists of the Bonellos (Mario, Frank, and Julius) are named on the lease together with Century Motor Freight. Attorney Meyers also added that Century Motor Freight has deposited $50,000. with the trustee, and that there will be an additional $25,000 payment if there is a default. Moreover, Century Motor Freight will have an average rent over the life of the 25 -year bond issue of $142,000. a year to repay the bonds. Attorney Meyers declared that there is no full faith and credit of the Village pledged on the bonds, the bonds are tax free and the lease and indentures are in final form. He said he has received Century Motor Freight's insurance policy and that the Vilh ge will receive annual financial statements from the tennants. Attorney Meyers stated that at the request of Councilman Johnson, he is giving a verbal opinion that the project does conform to the Industrial Development Law and based on his review of the lease and the ii agreement, the articles of partnership, and the examination of the financial statements of the tennant, in his opinion that the proceedings are valid and he recommends that the Council may proceed with the project. The Council asked a number of questions of Roger Wikner regarding the disposition of funds and defaults. MSP (Pickax- Hodges) To adopt Resolution No. 593 authorizing the acqui- sition, installation and leasing of a project under the Minnesota Municipal Industrial Development Act and the issuance of Industrial Development Revenue Bonds to finance the project. MSP (Johnson Baumgartner) lo approve Resolution No. 594 whereby the Village elects to have the provisions of Section 103 (c)(6d) of the Internal Revenue Code applied to this bond issue totaling $1,500,000. William Gillespie, operator of the Skelly station at 2045 Highway 10, appeared at the request of the Council to discuss his gasoline station license. The Council felt that Mr. Gillespie was failing to maintain his property in a sightly condition and questioned him relative to improving his property. Councilman Baumgartner fell: that Mr. Gillespie should be given 30 days to have his back yard at his home cleaned of vehicles, that the gasoline station lot should alesu be cleaned up and that if Mr. Gillespie fails to do so at the end of 30 days a warrant should be issued and Mr. Gillespie should be made to comply by hurting him in his billfold. The Council generally concurred with Councilman Baumgartner with Council- man Johnson stressing that Mr. Gillespie has been before them three or four times previously. -3- 5 Ayes 5 Ayes Mayor Neisen suggested that Mr. Gillespie inform people that request to have work done on their vehicles, that they keep them in their own yard until he has the time to get to them for repair. MSP (Baumgartner Johnson) To extend the deadline for approval of William Gillespie's license for 30 days, at which time the Council will visually inspect the premises and decide on appropriate action. Councilman Hodges Report: MSP (Hodges Pickar) To approve the transfer of the permit of the Mounds View Lions Club to conduct Bingo from the Launching Pad Supper Club to the Bel -Rae Ballroom effective February 12th. MSP (Hodges- Johnson).To hire Arlene Peddycoart effective February 6th at a salary of $2.75 per hour with an automatic increase to $2.85 per hour after a six -month probationary period, waiving the physical requirement of the personnel ordinance subject to her providing a statement of her general condition from her doctor. Councilman Baumgartner's Report: Councilman Baumgartner read the Planning Commission minutes of January 2411 and February 7th. MSP (Baumgartner- Johnson) To set a rezoning hearing for Louis Gydeson on March 12th at 8:30 P.M. to rezone the property south of County Road H2 between Edgewood and Greenfield, a distance of 330 feet south, from R -1 to B -3, for a proposed Anchor Inn Restaurant. An on -sale intoxicating liquor license for the Anchor Inn will be discussed with the rezoning request. MSP (Baumgartner- Hodges) To approve the subdivision of the east 350 feet of Lot 2, Auditors Subdivision No. 89 into three lots. The two lots on Spring Lake Road to be 144 feet wide and 99 feet wide and 280 feet deep with a 25 foot easement granted along the south line of Lot 2, and 60 foot north -south easement provided, beginning 439 feet off the front property line on Spring Lake Road. Councilman Baumgartner directed the Clerk to send a letter to the Launching Pad and Donatellas Supper Club notifying them of the ordinance requirement that 15 feet of landscaped area be provided between the street right of way and any parking facilities, and asking them what they intend to do to comply with the ordinance requirement. Councilman Baumgartner read the Recreation Committee minutes of January 25th. Councilman Picker's Report: MSP (Pickar- Hodges) To appoint Darel Turner, 1710 Bronson Drive, to the Lakeside Park Commission (2 -year term). 4- 5 Ayes 5 Ayes 5 Ayes 5 Ayes 5 Ayes 5 Ayes Councilman Picker announced that George Johnson, a previous member of the Lakeside Park Commission passed away Saturday evening. Councilman Johnson's Report: MSP (Johnson Pickar) To hire William Hanson as Public Works maintenance man effective March 1st, at a salary of $809.00 per month for a six month probationary period, with an automatic increase to $859.00 per month thereafter. MSP (Johnson Baumgartner) To award the bid for a 1/2 ton pick -up truck to Polar Chevrolet for a bid of $2,959.15. Two additional bids were received: International Harvester $3,121.03 and Midway Ford $3,446.00. Councilman Johnson declared that $212.00 was expended last month to repair a water service a 7435 Spring Lake Road. Mounds View ordinance requires that a repair such as the one performed by the Village is the responsibility of the owner of the property. However, he suggested that since in the opinion of the superintendent, the repair was necessitated by the installation of the sewer main under the water main which contributed to the break, he recommended that this repair not be billed to the home owner. MSP (Johnson- Pickar) To concur with Councilman Johnson's recommendation not to bill the repair to the water main at 7435 Spring Lake Road to the home- owner. Attorney Met'er's Report: Attorney Meyer stated that he has reviewed the summons and complaint in the matter of the Village of New Brighton verses the Metropolitan Council. He has discussed the complaint with the Metropolitan Council attorney and directed a letter to the Clerk informing him that estimated legal expense in this matter would be between $5,000 and $12,000. He feels it is in the best interest of Mounds View to join in this suit, but that it would be cost prohibitive to do so unless other communities would also join in the action. Clerk Zylk stated that a letter dated February 6th, was mailed to the members of surrounding communities affected by this suit asking if there was any interest in participating in the legal expense with Mounds View. No reply has been received as of this date. Engineer Boehm's Report: MSP (Hodges- Johnson) To accept the specifications for Tower and Tank Repainting Improvement Project 1973 -1, and to set the bid opening for March 12th at 12 Noon. -5- 5 Ayes Engineer Boehm stated that the assessment roles for Project 1972 -3 were being prepared. 5 Ayes. Engineer Boehm said that he has written to the Municipal State Aid Dept. inquiring as to whether Jackson Drive from Co. Rd. H2 to Hillview Road could receive a State -aid designation. If the designation is cleared then Municipal State -Aid funds could be used to add the necessary road bed between Pinewood 'Drive and Co. Rd. I. Mayor Neisen read a letter from David Conover, School District #621, requesting a $621.40 contribution to pay the salary of Rick Rosow, until July 1, hired as a counselor by District #621. MSP (Johnson Hodges) to adjourn at 10:38 P.M. Respectively Submitted, ennis S. Zy, Clerk -Admin -6 5 Ayes