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HomeMy WebLinkAboutMinutes - 1974/10/28PROCEEDINGS 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 8:03 p.m., on October 28, 1974, at the Mounds View City Hall, 2401 Highway #l0, Mounds View, Minnesota 55112 Present: Mayor Neisen Councilman Hodges Councilman Baumgartner Councilman Johnson Councilman Pickar Also Present: Clerk Administrator Achen Attorney Meyers Engineer Bearden MSP (Hodges Baumgartner) To accept the minutes of October 15, 1974. Mayor Neisen asked public works superintendent Decheine to present the facts as he understood them regarding George Brooks' sewer problem. Councilman Johnson noted that a tape recorder was being used by a member of the audience. Mayor Neisen stated that it was Council policy to prohibit tape recording of proceedings and requested that the recorder be turned off. Superintendent Decheine stated that the cast pipe at Mr. Brooks' residence had shifted breaking a section of the clay connecting line and causing sand to filter into the main sewer line. Attorney Meyers stated that because there had been no shifting of the city's main line it seems apparent that only the clay line shifted and was thus responsible for the breakage. Therefort the responsibility lies with the owner. Mr. Brooks, 8482 Spring Lake Road, stated that these were just theories and his own theories were at least as good as those of the public works superintendent. He stated that it was untrue that the cast pipe had shifted. He theorized that the inspector had errored when the installation was originally made, because the inspector had no prior experience with the contractor involved on the job. He feels that, because the clay connecting pipe was broken, the city is responsible for its repair. Mayor Neisen read the statement of cast for repair submitted by Mr. Brooks. MSP (Neisen- Hodges) that the facts presented indicate that the owner's cast pipe shifted causing the damage and that payment of Mr. Brooks' claim be denied. 5 Ayes Pickar Aye Baumgartner Aye Johnson Aye Hodges Aye Neisen Aye October 28, 1974 Page 2 In response to Mr. Brooks' question of how he could pursue the claim, Attorney Meyers suggested he speak to a lawyer. Mayor Neisen asked the administrator to state his findinns with regard to Mr. Wold's request to warehouse nuts and bolts in a trailer parked on the east side of Silver Lake Road south of Highway #10. Administrator Achen stated that the property in question was zoned B -3 and that, although storage and warehousing was a permitted use in that zone, the activity must be conducted in a permanent structure, not a trailer. Mr. Wold asked whether his situation was the same as that of a trailer parked along Highway #10. Mayor Neisen stated that trailer was used for advertising. Mr. Seegar Swanson, Ehler and Associates, gave a presentation to the Council regarding the sale of bonds for Project 1973 -4,5,6 and 1974 -1 and refinancing the temporary bonds issued in 1972. He stated that the total issue to be sold would be $1,680,000. He recommended that a bid opening on the bonds be set for November 19 at 8 p.m. and that the Council spread the 1973 -4 assessments over a 15 year period. This would make the bonds more marketable. He stated that the city's Moody rating will probably be raised prior to the bond sale and this should reduce the interest rate. Mayor Neisen felt it would be worthwhile to try to get a better rating bacause of the money it could save the city. Councilman Johnson asked what the yield to maturity and coupon yield would be of the bonds. Mr. Swanson expects the yield to maturity to be in the range of 6.25% to 6.40% and the coupon rate to range from 5.25% to 6.60 He read a proposed resolution declaring the necessity for issuing the permanent bonds of $1,680,000 and setting the bid opening as specified above. MSP (Neisen Pickar) to adopt Resolution 645 as read by Mr. Swanson. Engineer Bearden stated that the city has 40 days from October 15 to accept the bids for construction of 1973 -4 and that the bid opening on the bonds would be within this period. MSP (Neisen- Johnson) to change the agenda meeting of November 18 to November 19 at 6:30 p.m. Mr. Swanson stated that a motion would be needed to direct the admini- strator to sign the agreement with Moody's applying for a new rating. The fee will be $650.00. MSP (Johnson- Hodges) to authorize the administrator to sign said agree- ment. Pickar Aye Baumgartner Aye Johnson Ave Hodges Aye Neisen Aye 5 Ayes 5 Ayes okay October 28, 1974 Page 3 Mayor Neisen stated that the inquiry into the Compassion Christian Center began after he received calls about a school operating at the Center and asking whether it was authorized. The administrator noted that as yet no report has been received from the Mounds View School District on certification of the Center's educational program and teachers. Fire Chief Ron Fagerstrom said he notified the Center of various fire code violations and that he had withheld action on the violations pending the Council's decision. Attorney Meyers stated that the zoning code requires a special use permit for operation of a parochial school in "R" districts. Rev. W. G. Bauman, pastor of the church, stated that the center contacted both the fire department and the Mounds View school district superinten- dent previously and that it was his impression the Center needed to do nothing further. However he was at this meeting to assure the Council the Center would comply with all legal requirements. Mayor Neisen stated that the Center was operating illegally in terms of both the fire code and the zoning code. Rev. Bauman stated he did not realize these violations existed and he is willing to do whatever necessary to comply with city code. In response to questioning by Councilman Baumgartner, Rev. Bauman stated that the Center received verbal approval last August of its school program from the Mounds View District and that live -in janitors were an effective security measure discouraging vandalism and asked that the Council permit this practice to continue. Councilman Baumgartner felt that the safety of school children should be held utmost and that the Center should institute complete fire safety measures immediately. Councilman Johnson stated that the recent incident of three youths burned by flammable solvents in St. Louis Park emphasized the need for safety measures especially around the printing operations. He asked whether the materials being hinted at the Center were for sale. Rev. Bauman responded that all materials were dis emiiated free of charge. Councilman Hodges stated that students attending Center's school should be assured of proper accreditation in case they transfer to a public school. Councilman Pickar felt there must be some temporary solution that would allow the Center to operate until a hearing on a special use permit. Chief Fagerstrom stated that the minimum safety measures required would be to stop the printing operation, initiate a fire alarm and detection system, and implement a fire drill plan. October 28, 1974 Page 4 Attorney Meyers stated there is a question of city liability if it allows the Center to temporarily operate without the special use permit. He stated that action could be brought against the city and that even should the city win the case, legal costs would be incurred. Mayor Neisen stated the important point is that the Center is operating illegally. Councilman Baumgartner asked the fire chief whether adequate safety precautions could be instituted within one day. Chief Fagerstrom answered that they would probably take longer than one day but that they could be implemented within two or three days. Councilman Baumgartner felt such precautions should be implemented before the school is allowed to resume operation. MS (Neisen Baumgartner) that operation of the school and bible college be discontinued until a special use permit is granted, the fire code is complied with and state approval of the educational program is received. Mr. Robert Chandler, 1616 Pioneer Building, St. Paul, noted that he is council for the Center. He stated that the bible college is not really a school but part of the normal operation of any church. He asked that it be allowed to continue without interruption. He questioned whether constitutionally a church could be investigated by a govern- mental agency. He agreed with Attorney Meyers that it was proper for the city to regulate churches with regard to land use. He felt the Council should be concerned with probabilities; that the probability of a fire in the Center should be weighed against the probability of damage to the lives of children attending this school if its operation is interrupted. MSP (Baumgartner Pickar) to amend the motion above to state that the school be discontinued until safety precautions meeting the satisfaction of the fire chief are implemented. Councilman Pickar stated that this would not require the school to be shut down for the entire time before a permit can be issued. Councilman Johnson asked the fire chief if there is any way to implement adequate safety precautions without the Center investing a substantial amount of money in improvements. Chief Fagerstrom answered that some form of temporary solution could be found and suggested that the Center could employ one or two people as fire monitors during school hours. This would not require purchase of any equipment. A roll call vote was taken on the amendment. Pickar Aye Baumgartner Aye Johnson Naye Hodges Aye Neisen Naye October 28, 1974 Page 5 D'Arcy Bosell, 2601 Ridge Lane, stated that she is opposed to the city condoning any violation of its ordinances. Stanley Ziska, 7501 Spring Lake Road stated that his child attends the Center's school and that he is concerned about disrupting the educational process. Attorney Meyers responded to questions by Councilman Johnson by stating that the zoning code does not require any notice of violation or grace period for compliance. He stated that if the operator chooses not to obey Council iirective the city could seek an injunction. He noted that this meeting is notice to the Council that there is a zoning violation. There does not appear to be any way to give the Center notice, allowing them time to implement fire precautions, and still absolve the city of any liability in the meantime. Mr. Chandler stated that the important question is how great is the risk of fire. By using the roving fire monitors, as suggested by the fire chief, the risk would be minimal, and he is sure the Center will agree to hire monitors. Administrator Achen read the amended motion and noted that there appears to be a contradiction between the original motion and the amendment. Attorney Meyers suggested that the amended motion be clarified, and he questioned whether it was proper for the Council to inquire about accreditation of the school. Mayor Neisen and Councilman Baumgartner withdrew their original motion and second. The Mayor ruled that this withdraws both the original motion and the amendment. Mayor Neisen stated that, if someone from the Center would give the Council notice of intent to apply for a special use permit, the application could be put on the agenda of the next Planning Commission meeting. Rev. Bauman answered that he would hereby give such notice. Attorney Meyers said that as a courtesy, the Council could send the Center a notice of violation and allow a reasonable time for compliance. MSP (Johnson- Hodges) that the Council receive a special use permit appli- cation from the Compassion Christian Center tonight, that a hearing be set for December 23, and that the Planning Commission submit its recommen- dation on the application prior to the hearing. Further, that the Center be allowed until October 30 at 4:30 p.m. to provide fire prevention and detection systems satisfactory to the fire chief and that a report of these systems be submitted to the Council by the fire chief. Pickar Aye Baumgartner Aye Johnson Aye Hodges Aye Neisen Naye October 28, 1974 Page 6 MSP (Baumgartner- Hodges) to direct the staff to send a letter to the Compassion Christian Center notifying them of their violation of section 40.05 of the municipal code and allowing them 60 days to comply. Mayor Neisen's Report Mayor Neisen read a letter from the secretary of the Sunnyside PTA. He stated that he spoke to the New Brighton city manager and learned that New Brighton plans to install sidewalks in the Sunnyside area but they will not be installed for five years or so. He noted that it is the Ramsey County engineer's opinion that flashers do not effectively promote motorist caution. Mayor Neisen read a letter from the Pinewood School Parent Advisory Council regarding animal control. MSP (Neisen Johnson) to approve the list of election judges and counters submitted by the staff. Clerk Administrator Achen's Report MSP (Neisen- Hodges) to approve the licenses: General Contractor- Hoyt Construction Co., Inc., Big Bear Construction, Bill Campbell Const. Co., Century Fence Co.; Transient Merchant Cub Scout Pack #714 (Wayne Erickson, Cubmaster) waiving the fee for the cub scouts. MSP (Neisen Pickar) to approve the bills: General Fund Check #9238 thru #9305 excluding #9300, Payroll Account Check #1126, Payroll Checks #1422 through #1456. Transfer Check #9299 transferring funds to establish Building Fund as follows: from Sewer $342,413.00 (includes $321,711.00 connection charges), from Water $20,702.00, from General $75,000.00 Transfer Check #9304 transferring $1,196.80 to Revolving Fund from Project Fund to close out the latter. Transfer Check #9302 transferring $13,399.55 to Payroll Account to pay gross pay of October 30, 1974; from General $11,028.74, from Water $1,065.36, from Sewer $1,205.45. Total disbursements $84,473.30. Mayor Neisen directed the administrator to request that the architect appear at the next agenda session. MSP (Neisen Hohnson) to receive the bids on an unmarked police car and accept the staff report recommending the bid of Midway Ford and approving the sale at auction of our trade -in unit. MSP (Neisen Pickar) to set the bid opening on the diseased tree removal contract at 2:00 p.m. on November 12, 1974. MSP (Neisen- Hodges) to receive the third quarter financial statement from the administrator and to study it for later discussion. Councilman Pickar noted that tax revenue receipts were only about 50% of budgeted. Administrator Achen responded that the balance of the property tax revenues are expected in the fourth quarter. 5 Ayes 5 Ayes 5 Ayes 5 Ayes 5 Ayes October 28, 1974 Page 7 Councilman Hodges' Report Mayor Neisen stated that the Mounds View Livil Defense Unit will meet November 7 at 7:00 p.m. and that he and the administrator will attend. Councilman Hodges requested the city attorney to read the agreement pre- pared for the sale of the Civil Defense truck. MSP (Neisen- Hodges) to authorize the mayor and administrator to sign the agreement and stipulating a sale price of $60.00. Councilman Hodges requested that the city engineer prepare an updated storm sewer map. Councilman Baumgartner's Report Councilman Baumgartner read the Planning Commission minutes of October 23. MSP (Baumgartner- Pickar) to approve the request to subdivide Mr. Bolduc's property as recommended by the Planning Commission with the stipulation that a five foot utility easement be provided by Mr. Bolduc at the rear of each lot and that payment of the appropriate park fund cash dedication is made. Councilman Baumgartner announced that the Planning Commission meetings in November and December have been changed to the third Wednesdays. He noted that the Planning Commission has begun working sessions on the proposed comprehensive plan. Councilman Baumgartner read the Park Commission minutes of September 26 and noted that study of a five year parkland development program was initiated. Attorney Meyers' Report Attorney Meyers stated that the law requires the two major political parties to be equally represented on the election panel whenever possible. He noted that independents are not a party and have no right at present to demand positions on such panels. MSP (Neisen- Hodges) to direct the administrator to notify the registered fee owner of the home at 8390 Eastwood Road that his building is a public hazard and to give him 15 days in which to abate the hazard. Mayor Neisen apologized for not requesting other residents' comiants after the scheduled agenda items. Administrator Achen stated that in the past the city sometimes purchased dinners for election judges and noted that the problem was that not every election official could take time to eat the hot meal, because the polls are so busy at that time. The Council directed the administrator not to serve dinners to the election judges. Councilman Baumgartner staterl_ that he received a comment from a resident requesting the Bel Rae Ballroom to relocate its Polka sign. MSP (Johnson Pickar) to adjourn at 11:05 p.m. Respectfully submitted Mark Achen, Clerk- Administrator Pickar Aye Baumgartner Aye Johnson Aye Aye Neisen Aye 5 Ayes 5 Ayes 5 Ayes