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HomeMy WebLinkAboutMinutes - 1974/09/09Present: Mayor Neisen Councilman Hodges Councilman Baumgartner Councilman Johnson Councilman Picker PROCEEDINGS OF THE CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA A Regular Meeting of the Mounds View City Council was called to order. by Mayor Neisen at 8 :00 P.M., on September 9, 1974, at the Mounds View City Hall, 2401 Fighway #10, Mounds View, Minnesota 55112. Also Present: Acting Clerk Treas. Sandgren Attorney Meyers Engineer Bearden The August 26, 1974 Council Minutes should have the following corrections: On Page 2, fourth paragraph, should be added that Mr. Mark Achen's starting salary is $14,800 effective September 16, 1974. If he is accepted after his probationary period is over March 15, 1975 his salary would increase to $15,500 and he would be eligible for a raise January 1, 1976. The City would pay up to $400 toward moving expenses. On Page 2, third paragraph, the Resolution No. should be 634 instead of No. 632. MSP (Neisen- Hodges) To approve the minutes of August 26, 1974 as corrected 5 Ayes MSP (Hodgss- Pickar)To approve the minutes of the Special Meeting, September 3, 1974. 5 Eyes Mayor Neisen took time out from the regular meeting to pay special honor to Julie LaVaque who did volunteer work for the City's Park and Recreation Department this past summer. Mayor Neisen said a personal thank you fur the fine job she had done coaching the team that his twc daughters had played on. Mr. Doug Bryant, Park and Recreation Director also commended'. Julie on the tremendous job she has done in the Very Important Person Program demonstrating that persons of all ages can work together effectively setting a fine example as a youth leader in the community. On behalf of the City of Mounds View Mayor Neisen presented Julie LaVaque with a plaque commending her for outstanding volunteer work 1974 City of Mounds V'ew Park and Recreation Department. Mayor Neisen's Report: Mayor Neisen. read Justice C.G. V. Carlson's ;resignation notice effective September 1, 1974 since he is moving out of the state. MSP (Neisen Hodges) To accept the resignation notice of Mr. Carlson and direct the Staff to send a letter expressing the Council's feeling on the great service he has done over the past 17 years. Mayor Neisen explained that we would not be appointing another Justice to replace Mr. Carlson since the office will be abolished January 1, 1975 and Justice LaVaque will be handling the cases for the remainder of the year. 5 Ayes 2 Mayor Neisen read a letter from the St. Paul Ramsey County Bicc:.tennial directors and staff inviting residents of St. PaLl and Ramsey County to the Bicentennial flag raising ceremony in Rice Park across from the Old Federal Courts Building, Thursday, September 12, at 11:45 A.M. Relevant to the petition received from residents two weeks ago concerning the order from Anchor. Inn, Mayor Neisen read a letter from Building Official Walter Skiba stating he had met twice with owner Lou Gydesen concerning the problem. Mr. Gydesen is very cooperative and is checking into suitable installations to alleviate the problem. Mayor Neisen read Chief Grabowski's recommendation for the hours the Bel Rae Ballroom would remain open on Teen Dance nights. MSP (Neisen- Johnson) To authorize the Bel Rae Ballroom to change the hours from 11:00 P.M. to 11:30 P.M. for a period of 60 days after which time Chief Grabowski will make his recommendation whether or not to continue these hours. If the hours continue Attorney Meyers will be directed to update the Curfew Ordinance. 5 Ayes Mayor Neisen read a letter from Architect Kenneth Walijarvi which explains the procedure for construction of the new building. Contracts are issued in triplicate, one copy for the City, one copy for the architects file, and one copy for the contractor. All copies have been mailed to the three prime contractors for their examination and signatures. The contractors will obtain their insurance certificates and bonds, sign the contracts and mail them back for examination. When the City receives the copies, the Council and Attorney will examine them and they will be signed by proper members of the Council. Construction should begin approximately 20 days from the date of the contract. Mayor Neisen stated that two contracts had been received and forwarded to Attorney Meyers for his examination. MSP (Hodges Pickar) To authorize the Mayor to sign the contracts after examination and approval of the Attorney. MSP (Neisen Baumgartner) To approve the licenses: Asphalt- Northern Asphalt Const. Inc., Buck Blacktop; Residential Kennel -Susan K. Nordstom, Our Matchmaker Kennels; General Contractor -Panel Craft. MSP (Nelsen-Hodges) To approve the bills: General Fund Checks #9001 Void, #9002 through #9056, Payroll Account Checks #1114 through #1117, Bond Account #117, Transfer Check ##9057 transferring $12,472.73 to the Payroll Account to pay gruss pay of September 15, 1974. From General $9,988.15, frcu Water $1,222.74, from Sewer $1,261.84. Payroll Checks #1330 thru #1357, Total Disbursements: $64,788.43. 5 Ayes 5 Ayes Mayor Neisen explained that Check #9005 written to him was a reimbursement for entertainment of the new lerk- Administrator. He stated he had spent quite some time with him over the Lauor Day weekend and had a party Saturday night for him when department heads, office secretaries, the New Brighton Bulletin and St. Paul paper were invited to meet him. 5 Ayes Councilman Hodges' Report: Councilman Hodges informed us that according to the Safety Commissions Report Minnesota had the lowest fatality record in ten years. They fell this was due to the new laws and 55 miles per hour speed limit. Mayor Neisen read a letter from the Agricultural Extension Service informing us about a tour co be held September 10, 1974 from 4 7 :30 P.M. in Anoka County. Information concerning peatland activities will be pointed out. Pear, soil makes up 20% of Anoka County and is currently valued about $20,000,000. The tour is sponsored jointly by the Anoka Extension Service and the Anoka County Soil and Water Conservation District. Mayor Neisen made special note of the statistics received from the Bureau of criminal apprehension for the year 1973. It included Arden Hills, Falcon Heights, Lauderdale, Maplewood, Mounds View, New Brighton, Roseville and Shoreview. Mounds View had a total of 1419 offenses of which 729 were cleared making a grand total of 51 Arden Hills cleared 15 Falcon Heights, 20 Lauderdale 9%, Maplewood 34 New Brighton 12 Roseville 20 and Shoreview 21 Mayor Neisen felt that we, the citizens of Mounds View, should be very proud of the Police Department. He felt the department is doing a tremendous job and he publicly thanked the Police Chief, the two sergeants and the patrolmen for the excellent job they are doing. The following names were submitted as meter readers for September and October 1974: Jean Miller 2291 Hiilview Road Ilene Syverson 8040 Red Oak Drive Maridelle Wamhoff 7719 Knollwood Drive Bob Wamhoff 7719 Knollwood Drive Arlene Peddycoart 7760 Greenwood Drive 3 Gertrude Ronning 5140 Bona Road Elmer Adleman 7900 Sunnyside Road Jim Nerdahl 7941 Edgewood Drive Robert Rossman 2504 County Road H2 Ralph Hanggi 2473 Woodale Drive MSP (Neisen Hodges) To grant the meter readers 35¢ per meter plus 25t per call back. Councilman Johnson questioned the number of call backs. Mayor Neisen amended the motion, to be paid for a maximum of two call backs and then if they cannot get the readings to notify the City. Mayor Neisen read the letter from Construction Equipment and Service Co. Inc., requesting refund of 75% of the plumbing fees at Scotland Green Apartments because they were removed from the project and replaced by Rose Plumbing. Mayor Neisen stated the reason they were removed was because they didn't do the job properly. He felt the inspector had spent considerable time there and he recommended that the fees not be returned. He felt the work dune there was much more than 25% and he requested Mr. Skiba, Building Official, to write a letter to the Council why the company was replaced by Rose Plumbing and how much extra time he had spent at Scotland Green Apartmerts. MSP (Hndgvg_Raumgartno_r) To ,he regular meeting nt 8.33 P.M. 5 Ayes MSP (Neisen.- Pickar) To adopt Resolution #635 apportioning the assessments on Spring Lake Park Knolls Addition, Lot 104, Division #48607. 5 Ayes Ayes 4- Mayor Neisen called the meeting on Dutch Elm and Oak Wilt Dice -.,.s to order at 8 :34 P.M. He explained that approximately 170 letters had been sent to people with diseased trees and the purpose of the meeting was to explain the program and answer specific questions people may have. Mayor Neisen turned the meeting over to Mr. Doug Bryant, Park Recreation Director who is in charge of the diseased tree program. Mr. Bryant introduced Mr. John Heineman and Mr. Dennis Reger who are employed for the University of Minnesota Plant Pathology Department. He explained that Mr. Zylla, former Clerk Administrator had initiated the program in June and contacted Mr. French of the University. The inspectors mad a survey in the City in late June and reported back to City Hall, July 1 when Mr. Zylla left the City for another position he turned the program over to Mr. Bryant. The Park Recreation Department sent out letters and release forms to persons on the first survey. Of about 250 letters sent, about 70% of the forms have been returned allowing City employees to go on private property and vapam diseased trees. The inspectors have been busy vapaming the trees. The key to the success of the program is being able to check the trees as soon as one suspects they are diseased and immediately chemically treat them. Trees may be removed 20 days after being treated with vapam. The City will remove the trees and assess the property owner for the cost or the owner may remove the trees himself. We are presently working on a disposal area. Only about 5% of the oak trees affected will have to be removed. However, we would have to comply with our nuisance ordinance if the trees were dangerous left standing. Specified oaks have to be removed by April. By next spring there would be another survey taken. Robert Shelquist, 8025 Fairchild Avenue, asked what the purpose of vapaming the trees was. Mr. Bryant stated that by putting down a vapam barrier it kills the root grafts and prevents the disease from spreading through the root system. After 48 hours the sterilization is gone and you can replant and resod. After 20 days the tree is checked and if there are no beetles the tree (elm) can be removed. If beetles are present it has to be sprayed with penta before it is removed. Mr. James Bergstrom, 8400 Red Oak Drive said he had vapamed some trees himself last year and wondered if he had to do it every year. Mr. Heineman answered that he didn't. However, you may have to give up healthy trees sometime to get ahead of the disease. Mayor Nelsen asked what would be done about the ouy who d want you on his property. Mr. Bryant stated that ideally he would like a release form signed from every resident in Mounds View. Therefore, as soon as any trees start to wilt, the Park Recreation Department could be notified and they in turn would notify the University and the inspectors could come out and treat r'^e trees immediately. Attorney Meyers stated that by the Ordinance we have a right to go on the property but the legal way may be a court iniunction. Mr_ Aaroctrnm asked how the program is funded. Mr. Bryant answered through the City's General Fund at the present time which includes inspectors fee, communications, postage and publishing in 1974. 5 The tree removal would be assessed back to the property owner over the next three years. Home owners are encouraged to remove trees themselves. Mr. Arthur Zielinski, 8344 Groveland Road said that some of his trees were poisioned and others died. He didn't sign the release form because the trees were going anyway. He wondered if he could keep the wood and burn it, they are red oaks. Mr. Heineman answered he could if it was burned by next spring. Mr. Bryant stated that if any oak trees develop a mycelial mat, which is very dangerous, it has to be taken down and wrapped, burned or buried. Mr. Zielinski wondered if the trees could be dying from a lack of water since the water table is dropping. He was told that the water table drop isn't sudden just gradual so the trees dying within the two week period were dying from some other cause. Richard Dufault, 2924 Spring View Lane said he has a clump of three red oaks on one stump. Two trees are already dead and one is loosing its leaves. He had spent alot of money on grass and shrubs and didn't want to loose them. Mr. Bryant stated that he could replant them temporarily and wait out the 48 -72 hour waiting period. In order to control the disease some damage will be done. Mr. Bergstrom asked if white oaks are immune. He was told they attract the disease but don't die as quickly, they are a more hardy tree. What is a safe distance around a single tree. Answer- about 50 feet is a relatively safe distance for root grafts. D'Arcy Bosell, 2601 Ridge Lane asked about vacant lots in the area if they are treated the same way. Mr. Bryant mentioned a specific case where a neighbor knew the owner of the vacant lot, contacted them and got them to sign a release form. He recommended supportors for the project. Mr. Joseph Weaver, 2613 Louisa Avenue asked about the big piece of land across Highway #10 behind Donateiies. Mr. Reger told him some protective measure would be taken, perhaps girdle the trees. Mr.,David Leverentz, 8035 Long Lake Road asked how one single tree can get the disease. He was told the beetles are attracted by the smell of the mycelial mat and they can begin forming in the borough of the tree. Mr. Richard Nelson, 2833 County Road H stated that both he and the neighbor signed the release forms. They want to cooperate in every way. Mr. Bryant said that a brochure would be sent out in abou'.: a month showing how to identify the disease and information on what should be done about it. Mr. Bergstrom asked if it is a state wide problem. Mr. Bryant answered it was a metropolitan and state wide problem. It's wide spread in the seven county metropolitan area and also southern part of Minnesota. 6 Mr. Frank Gabrysh, 2832 County Road J asked what trees the City of St. Paul are planting now. Answer- it used to be elm now it's maple. Councilman Baumgartner stated he was amazed at the outstanding memory of the men who made the presentation this evening and asked how one can identify the mat or mass. Mr. Heineman stated it was hard to identify. You would have to chop the bark back by a hairline crack to find it. The inspectors will come back to check on it. Mrs. Richard Huhne, 8406 Red Oak Drive said she heard if you debark the tree you can use it for the fire place. She was told if the tree is debarked it dries out so quickly the fungus doesn't have time to form a mass. Mayor Neisen asked what is done with the bark after it is stripped off. He was told it wasn't harmful and it could be burned or thrown in the garbage. Councilman Johnson commented that he was very impressed with the performance of the gentlemen and they were very familiar with the problems in Mounds View. He wondered if the program was going to be successful. Mr. Bryant informed him that spee1, equipment and man power was the key in dealing with and controlling the disease. He would have a proposal for the Council in a few days. Councilman Johnson asked what the program would cost us. Mayor Neisen commented that the State has allowed a 1 mill levy that we can assess above the levy limit to control dutch elm and oak wilt disease. It will not come out of the budget. Mr. Bryant stated approximately $2,900 $4,000 additional over and above assessed cost. Mayor Neisen thanked Mr. Bryant, Mr. Heineman and Mr. Reger for their tremendous presentation of informing the Council and public. MS2 (Pickar- Baumgartner) To adjourn the special hearing at 9 :35 P.M. 5 Ayes Councilman Johnson's Report: Councilman Johnson stated he had talked with P1r. Dennis Zylla on September 4, in regards to the 1975 contract demands for the Police Department. Mr. Zylla is on the negotiating committee working with the negotiator that has been hired to negotiate the salary demands of the police departments in 21 cities. A questionaire was received asking whether we wanted to bargain jointly or consider it a local issue. Mr. Zylla informed Councilman Johnson that it would be to our advantage to bargain jointly. Councilman Johnson filed a copy with the Mn. League of Municipalities and presented a copy for the office file. MSP Neisen- Johnson) To officially hiLe Mark Achen for the position of Clerk Administrator effective September 16, iyi4 for $14,800 as per terms extended in Letter for a six month probationary period. 5 Ayes MSP (Johnson- Hodges) To authorize the Deputy Clerk to contact the insurance carrier and file an application for a bona coverage on Mark Achen of $50,000 and on effective date reduce Acting Clerk Treasurer Sandgren's bond to $5,000. 5 Ayes 1 MSP (Johnson Baumgartner) To direct the Deputy Clerk to contact the Bonding Consultants and put them on notice that we are working on a bond sale for Project 1973 -4, to include projects that may be also subject and Attorney Meyers to work with Bending Consultants. 5 Ayes Councilman Johnson noted we have received the Spring Lake Park, Blaine, Mounds View Fire Department budget for 1975. The $174,996 budget is an increase of $36,282 over the 1974 budget. MSP (Neisen Pickar) To authorize Councilman Baumgartner and Councilman Johnson to contact the City of Spring Lake Park, and the City of Blaine to set up a meeting with the Fire Chief to consider the 1975 proposed fire budget. 5 Ayes Councilman Johnson stated that on September 3, 1974 at approximately 8:15 P.M., he con.acted Keith Harstad with regards to the digging or completion of the ditch between Louisa and County Road H2. This is directly behind the townhouses and directly behind the homes located on the north side of Louisa. Councilman Johnson stated concern about the delay in completion of the ditch and some residents are c'ncerned it wouldn't be put in this fall and there would be problems with spring flooding. Mr. Harstad stated the week of August 26 30th a cat was brought in but due to the peet, weather conditions and water table the cat was buries: in peet. Mr. Harstad assured Councilman Johnson that the problem would be taken care of by September 15, 1974. He would bring in planks and a drag line if need be. He commented that one of his men had hand dug out the ditch and he assured him unequivicably that this hand dug ditch had aleviated any problem that might be created as a result of a down pour. He said there was positive drainage from the rear of the lot south to the judicial ditch which runs parallel to Long Lake Road. Councilman Johnson again brought to our attention the final draft of the ordinance amending Chapter 9i, "animals" which had been discussed at great length at the August 12, 1974 meeting and again at the August 26, 1974 meeting and defeated. He suggested Subdivision 13 (4) read, The Council, upon receipt of application, the payment of a $5.00 application fee, and mailed notice to the adjoining neighbors of the applicant may condu ^.,t a hearing to consider the granting of a special use permit to allow the owner to work his trained dog or dogs without a leash while said dog or dogs is under the voice command of said owner or member of the owner's household if it is shown that said dog or dogs are trailed to respond to commands due to training. Said training shall be established by the owner by a sworn affidavit. The special use permit may be revoked by the Council, without notice if the owner violates any of the provisions of this chapter, or for other cause. Subdivision 2, line 3 should read biannual and the pro -rated fee should be 25 cents per month instead of 50 cents and 50 cents per month instead of $1.00. Subdivision 3, second line should read biannual license. MS (Johnson Neisen) To adopt Ordinance #221 as submitted. Councilman Hodges questioned the wording in Subdivision 13 (4) line three which states, may conduct a hearing. What criteria would be used. Some you may hold a hearing for some you may not. Attorney Meyers said if you want it mandatory you use "shall Councilman Baumgartner stated he would hate to put the Council in a position to determine who they would hold a hearing for who they would not. He preferred the wording "shall conduct a hearing Commenting on the continuing sentence, may /shall conjuct a hearing to consider the granting of a special use permit to allow the owner to work his trained log or dogs etc. Councilman Baumgartner questioned how a person is to o tin a trained dog if he doesn't take his untrained dog someplace and train him. 8- Councilman Johnson stated that Subdivision 13 (4) is meant to try to accomodate some people who may have a problem with strictly a leash law. They would not be able to take the dog out in the field and train him. He felt if there were too many problems with this subdivision they could forget it and have strictly a leash law but he felt it should be accepted as written, strictly an accomodation. Councilman Baumgartner felt it would be a nightmare to handle this subdivision. To train his dog he would have to fence his yard and he wasn't about to do this. He also felt you should grant a hearing to revoke a license when you have a hearing to consider granting a license. Attorney Meyers stated he put in the special use permit, may be revoked by the Council without notice, to make it rather a summary type of proceeding. You can always give a notice if you want but you would have the authority to revoke a license without notice if need be, for instance, if a dog bites someone. Councilman Picker felt Subdivision 13 (4) line three whould read, may conduct a hearing. He would hate to have it mandatory to hold a hearing for each one if theme should be several applications. A roll call was taken on the motion. Ordinance #221 passed. Councilman Johnson asked Deputy Clerk Sandgren to contact our consultants doing our Comprehensive Plan to find out at what stage of completion they are at. A resident asked when the Dog Ordinance would take effect. She was informed it would have to be published twice in the newspaper first and it would be published in the next newsletter. It becomes effective as soon as it is written into law. Councilman Baumgartner's Report: Councilman Baumgartner asked the Attorney to read the ordinance relevant to Used Car Sales Licenses. Attorney Meyers paraphrazed Ordinance #109. Councilman Baumgartner stated he had talked with Mr. Jeffrey Goetz concerning a proposed Used Car Sales License. He had supplied him with the Zoning Ordinance also Ordinance #109 and suggested he appear before the Planning Commission with the sight plans. Councilman Baumgartner read the portion of the Planning Commission minutes of August 28, 1974 pertaining to Mr. Goetz. Mr. Jeffery Goetz and Mr. Joseph Co: appeared with Attorney David Singer. Attorney Singer explained the proposed business would be located in the presently boarded up gas station on the N.E. corner of Highway #10 and Spring Lake Road. The zoning is B -3 and the lighting fixtures for the lot are sufficient for the business. He stated they had appeared at the Planning Commission to reach an agreement on the buffer requirements. He presented a blue print of the area and explained the details. Mr. Goetz said they were salesmen and not repairmen and tha work done on cars would be to get them ready for resale only. Mr. Cox commented that they did not want to run their business like the one down the road which has caused considerable problems. If they wanted to run a repair shop they wouldn't have to consider this much of an investment. Picker Naye Baumgartner Nape Johnson Aye Hodges Aye Neisen Aye 9- Councilman Johnson inquired as to the definition of a late model car. Mr. Cox stated this was hard to define. Perhaps a car that was not worn out that doesn't need alot of work. On the average not older than '69 or '70 but then again you may receive a good trade in. Councilman Johnson stated we have had problems with the only used car lot in the City and wondered how we could make sure we have a used car lot and not a junk yard here. Mr. Goetz stated we have their word and the license would be subject to revocation if they weren't up to standard. Attorney Singer stated that both Mr. Cox and Mr. Goetz have established themselves independent of the used car business. Mr. Cox is a concrete finisher and Mr. Goetz is a counselor in the state hospital system. They have run a used car business in Grandy, Minnesota for the past five years. Mr. Goetz stated they are making a considerable investment by buying the property and they wouldn't pull out in six months. Councilman Baumgartner stated the front of the building would have to be redone so it wouldn't look like a gas station. Councilman Johnson asked if it would be a hindrance if the permit stated they could have up to twenty cars on the lot. Mr. Goetz stated it possibly could. He wasn't sure how many cars would fit on the lot. Attorney Singer stated they already have the limitation of the lot size and it may be restrictive to set a number limit if one more car would come in they would be in violation of the conditions. Councilman Johnson asked where they would get the initial inventory of cars. Mr. Goetz replied auto auctions and through new car dealers. Councilman Johnson asked what form of business they would take. They replied they would probably form a corporation. When asked about parking of cars Mr. Goetz replied there would be no parking on the grass area. Councilman Johnson asked about the drainage. Mr. Cox replied the lot sloped and drained toward Spring Lake Road. Councilman Johnson asked the approximate amount of investment. Answer $50,000 which includes some of the inventory. Councilman Johnson inquired if the Planning Commission had checked into the background of the operators. Councilman Baumgartner stated that was not a function of the Planning Commission but of the Administrative Office. Mayor Neisen stated there have been no calls made to the Better Business Bureau at this time. 1 Councilman Baumgartner commented that the reason for fencing as stated in the Planning Commission minutes was that residential property is located across Spring Lake Road. Mr. Shelquist commented that the Council should impress upon the operators that the Ordinance will be enforced and the operation examined at re- licensing time. They can be an asset to the community if they abide by the conditions. Motion (Johnson) To set a special hearing on the proposed car lot for October 15, 1974 and to notify residents living in and around approximately 500 -600 feet of the closest corner and direct the Staff to investigate the background of the proposed operators and Chief Grabowski to check on the individuals background. The motion died for lack of a second. Mr. Goetz stated there were no people living within 500 feet and couldn't see that they would bother anyone. Cc ncilman Johnson stated the Staff and Police Departments should investigate the gentlemen and he felt certain conditions should be imposed in the licensing agreement. Attorney Meyers gave suggestions as to conditions that might be imposed. He suggested that the three exhibits presented tonight be marked by the Clerk and kept on file so the Council would have something to refer back to. The blue print was marked Goetz, Cox Exhibit #1, the picture schematic, Goetz, Cox Exhibit #2 and the photograph Goetz, Cox Exhibit #3. All dated 9/9/74 by the Clerk. Councilman Johnson asked Attorney Meyers how we could control the extent of the repair to do done. Attorney Meyers stated that auto repair is a permitted use under B -3 but it could be stated that all repairs be done in the building. A resident who had been a member on Lakeside Park expressed concern that oil may accumulate at the storm sewer opening by Spring Lake. This had happened previously with the former business. He was told there is a holding tank on the premises and the operators stated they would be using this. Councilman Hodges stated the former problem was corrected by the installation of the holding tank. Councilman Johnson still questioned the definition of a late model car. By his calculations, four years. Attorney Meyers stated it may not be a reasonable restriction to state an exact year. D'Arcy Bosell commented that the body style of a '68 Corvett is considered a late model. She felt "late model" was an ambiguous term. MS (Baumgartner Pickar) To approve the used car license application for Mr. Goetz and Mr. Cox subject to satisfying the requirements of the Planning Commission minutes as of August 28, 1974, that they use existing lighting, that no flags other than areal flags be used, no outside storage of parts, no junk vehicles, no additional signs other than those approved through the City Administration, all repairs will be conducted in the building and only on those vehicles subject to resale on their lot or repair of a car that was just sold. This license is contingent upon satisfactory report from the Better Business Bureau and the Mounds View Chief of Police. Attorney Meyers wanted the minutes to reflect that the two applicants, Mr. Goetz and Mr. Cox do agree to the terms and conditions of this license. Motion (Johnson) To amend the original motion limiting the number of cars on the lot to 25. The amendment died for lack of a second. Motion (Neisen) To amend the motion that the number of cars that be allowed on the lot be such that customers do not have to park on the right of way of the road. Parking to be on the parking lot itself. Second (Hodges) A roll call vote was taken. The amendment passed 4 to 1. A roll call vote was taken on the original motion The motion carried 4 to 1. Exhibit #1, #2, #3 were taken by Mr. Goetz to be duplicated and returned to the City. Picker Aye Baumgartner Naye Johnson Aye Hodges Aye Neisen Aye Picker Aye Baumgartner Aye Johnson Naye Hodges Aye Neisen Aye Councilman Baumgartner's Report: Councilman Baumgartner read the Planning Commission minutes of August 28, 1974. He commented that between the two motions made on Page 1 about two hours of activity had passed. They were not in proper sequence. Councilman Baumgartner stated that the Park and Recreation Commission has not met since the last Council meeting. He announced that the City of Mounds View Park and Recreation Department 1974 Fall Activities Program, which was put together by Mr. Doug Bryant was mailed Friday. He made special note of the dog obedience course offered at the Red Oak Elementary School. Councilman Baumgartner announced that as of September 1, Mr. Doug Bryant's six month probationery period has expired. From all reports received, his presentation of the Diseased Tree Program this evening, the example of the Fall Brochure, his activites with the Mounds View Baseball Association and other City organizations he has done an outstanding job and there has been nothing but good words said about him. He is now a member in good graces. MSP Neisen- Baumgartner) That the six months probationary period for Mr. Doug Bryant is over and he is now in fu?.1 standing with the Company. 5 Ayes Councilman Baumgartner asked Mr. Skiba to note in the New Brighton Bulletin that the Fall Activities Brochure has been sent out and there are many interesting and varied items for all ages. 12 Councilman Pickar's Report: Councilman Pickar read a memo from Larry Decheine in regards to bids received on a two -way radio communication system and installation charges. The best price was received from Capitol Sales Co, $2,077 for three units for the maintenance, one unit for office and one unit for Walter Skiba. MSP Pickar- Baumgartner) To accept the bid from Capitol Sales Company and proceed with installation of radio communication system. 5 Ayes Councilman Pickar announced that the Lakeside Park Commission has not met since the last Council meeting. Attorney Meyers' Report: Attorney Meyers stated he had talked to Mr. Gydesen about the odors from Anchor Inn, and he indicated he was making every effort to check out prices and a solution to the problem. He stated he had check into Ordinances which may cover odors coming out of a restaurant which are a normal part of business. The Ordinances as stated are vague. It would be difficult to enforce by criminal action. Mr. Gydesen said he had two other restaurants in residential areas which have only k the exhaust system of this one and he doesn't seem to have any problems there. He apologized through Mr. Meyers to whoever he talked with that he cut off short. He acknowledged he may have been busy and short at the time. Attorney Meyers stated he had a long talk with Mr. Weaver about his water problem on Louisa. The water is by the back window now and he was looking for something physical to be done to aleviate the problem. He stated that perhaps if they could not get anywhere with Harstad that with the upcoming bids for storm sewer, etc. and equipment in the City, by some change order they could include some quick drag line work there. However, this may take us into September or October before it would be done. Mr. Harstad has given us a broad easement over everything for certain drainage problems and he has signed an agreement whereby we can assess. This is a possibility that may be considered if nothing else is done. Councilman Baumgartner stated that earlier a report was made that Mr. Harstad would have the problem taken care of by September 15th. How do we see that this is done. Attorney Meyers commented that if the City does it we would have to let it out on bids and it may not be the cheapest way. Mr. Harstad would be better off doing it himself. Attorney Meyers reviewed the proposed contract where Metro Sewer District would like the City to sign a contract to agree to pay them, ever the next 15 years,, $4636 at the rate of $511 per year for 15 years for certain deferred charges that camaabout in 1971 1972. In 1971 there was a determination made by the Metro that there were certain deferments of payments allowed for reserve capacity in Pigs E,: Plant. Twenty three communities had deferred payments of which Mounds View is one. They are now collecting this money to be distributed to the various communities by a formula which they have worked out. After all communities have sie'•ed their contracts or Metro has levied taxes. Mounds View would receive $14,1 over 15 years plus interest. If we do not sign the agreement they wilt go by the aut.ority they have and levy Taxes against us to get the $4600. MSP (Hodges- Johnson) To authorize the Mayor and Clerk to execute the agreement between the Metropolitan Sewer Board and the City of Mounds View contract 275 which means we will pay $511 a year for the next 15 years and they do agree to refund to us ultimately $14,000 plus interest accordingly over the next 15 years. 5 Ayes 4a Attorney Meyers turned over the original letter he received from Metro, the contract and the copy of the Metro Sewer Boards policy for the Office files. Engineer Bearden's Report: Engineer Bearden reported he had talked to Mr. Anklan and presently the County has no policy to participate in any cost for construction of idewa'kz cn what the City may initiate. This has been their past policy too. In some cases where the County has initiated it they have gone in on 25'/. of the cost. Mayor Neisen stated the sidewalk plan would be approximately $214,000. It would not be feasible to get it in for this school year. He suggested pushing the district to pick up the kids. 13 Mayor Neisen suggested we wait a couple weeks for further action. Councilman Baumgartner stated his wife has been attending the school board meetings and sidewalks was on the agenda at tonights meeting. They are still considering the busing of children. Engineer Bearden reported that the contractors are ready to go to work on Project 1974 -1, Storm Sewer for Smith Transfer. The easements are not back from PBK Investments but Mr. Beim, Pres. or Mrs. Beim V.P. have been instructed to sign them so this should not be a problem. Mayor Neisen stated they could begin work this week. MSP (Johnson Hodges) To adjourn at 11:35 P.M. 5 Ayes Respectfully Submitted, O ,.,f Q Dorothy Sa (ren Acting Cler Treasurer