Loading...
HomeMy WebLinkAboutMinutes - 1975/11/10PROCEEDINGS 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 Johnson on November 10, 1975, at 8:04 pm, at Mounds View City Hall, 2401 Highway 10, Mounds View, MN 55112. Present: Mayor Johnson Councilman Hcdges Councilman Baumgartner Councilman Pickar Councilman Shelquist Also present: Clerk Admin. Achen Attorney Meyers Engineer Bearden MSP Shelquist- Baumgartner) to approve the minutes of October 27, 1975, Council meeting. 5 ayes CITIZENS' COMMENTS AND REQUESTS FROM THE FLOOR Mr. Gene Schouweiler, 3017 Bronson, said that on October 9 he applied for a building permit which was turned down on October 11. He has not yet received his refund and thought that this was a bit slow. Administrator Achen stated that the check was here tonight but should have been on the October 27 bills for approval. Mayor Johnson said that there was no answer as to what has happened but suggested that Administrator Achen check and see what the procedures are for returning permit money, and how the files get passed from one person to another. Frank Gabrysch, 2832 County Rd. J, questioned a citation he received on "junk cars He felt he needed more time as he was in the hospital last week. Mayor Johnson explained to him that thig was a warning and has to be corrected by 11 -20. If he doesn't comply by that date, he will receive a violation tag. It is only a warning now. Helen Lucas, 2209 Bronson Drive, said that her neighbor, Dennis McCann, put in a driveway without a permit and did not have a survey made. What is the Council going to do about it? Administrator Achen explained that this was a private civil matter between the parties involved. Attorney Meyers stated that it was his understanding that Mrs. Lucas had given permission to have the driveway located closer, and the Council can, therefore, do nothing. The City has no grounds to go into court. Mrs. Lucas further stated that Mr. McCann never maintains his side of the lawn, shovels snow and debris onto her lot, has threatened her, etc. Attorney Meyers told her that there are only two things that can be done: issue a criminal complaint, in which case we would have to prove he is guilty beyond a reasonable doubt which would be almost impossible; secondly, bring -z- a restraining order. Attorney Meyers would advise the Council that we would not win. Mrs. Lucas mentioned that she will build the ugliest fence in the front yard if she is not given assistance. Mayor Johnson stated that her attorney will have to advise her, possibly she can again try to get relief from the courts. There being no further comments or questions from the floor, the Council moved to the request to make the temporary stop sign on Sunnyside Road at Ridge Lane permanent. The Police Department has said that there have been few complaints recently and they recommend that the sign be made permanent. MSP (Hodges Shelquist) to make permanent the temporary stop sign on Sunny side Road at Ridge Lane. 5 ayes Mayor Johnson presented the B -E Enterprises, Inc., request for payment. Following is the discussion that ensued before a motion was offered: Mike Miller, B -E Representative: Our position is that we thought the City fully intended to pay for the work we were to do. Now that we have done it, if the City does not pay us we will not proceed further. Mayor Johnson: Did you note the qualification above my signature on the change orders? Mike Miller: We had no opportunity to respond but did note the qualification. Attorney Meyers: Our interpretation was that the City wanted to set it apart from a normal change order in that it wasn't an addition to the building but correcting an existing situation. Mike Miller: We didn't interpret it to mean that you didn't intend to pay us. Mayor Johnson: Your position is that you will require full payment before proceeding with the construction of the building. Mike Miller: That is correct, yes. Ken Walijarvi, architect: We are here tonight to sec if we can resolve the problem. Mayor Johnson asked the Council for their comments. Councilman Hodges: Resolve it so we can get the building completed. Councilman Baumgartner: B -E should be paid for the work they have performed Lo date. Looking at the cost of the change orders, I feel there are archi- tectural errors and their insurance carrier and our Council should prepare for battle. Councilman Pickar: We are trying to get the building finished, and they won't finish without payment. We should pay them what they have submitted. This would not weaken the City's position in further negotiation. Councilman Shelquist: We are sitting with an incompleLa City Hall and -3- with no use of the basement since last May and June. I really don't see that the City is liable for the problems in any way and should not be front ending the costs. I think the funds should be withheld and, if they refuse to complete the building, have it completed by other means. Administrator Achen: The total of the payment due them is $12,272.20. Walijarvi: I think B -E are due money. I agree with the three Councilmen that the differences will be resolved. Let's get the building completed. Mayor Johnson: In an effort to get the building completed at this point, will you accept $8,181.42 and put in three more days and get it done? Miller: We have to Stick with our original amount. Mayor Johnson asked Council if there is any action to be taken. Attorney Meyers: We have paid already $8,800 over and above the anticipated cost. We are placed in a position tonight with a 99% building. Administrator Achen stated that the three days necessary to finish is only B -E's portion and does not include the other contractors. Attorney Meyers stated that our architect, who is the City's agent, feels that they should be paid. Remedy is to notify the bonding company that the contractor refuses to go ahead with the job and face the risk of hiring another contractor and maybe not collecting on the bond. Councilman Pickar- To the best of my knowledge I didn't intend that we were not going to pay. Attorney Meyers: We could argue that we anticipated taking the change order out of the normal commission of the contract. We unilaterally conditioned the acceptance of it. is not a clear cut, one -sided question. Councilman Pickar: By withholding payment, we could be required to pay it twice. Attorney Meyers: The bonding company could argue that they had legitimate grounds. They had done the work. Does the system that we now have work? Until we get a downpour we won't know. We would not sign any releases until we know. Everyone wants to see B finish the building hut on what terms is up to the Council. Walijarvi: My opinion is that those change orders were signed on the basis that they be paid. If the Council feels they are out $22,000 as of this date our firm has not requested payment from the City of Mounds View of $12,000 due us. Again, like the contractors, we have performed work. We indicatedio you earlier that we would not apply for any payment at this time so the $22,000 for the extra changes can be partially covered by the amount of monies that our firm has not received. I offer this as a gesture of good will in trying to compensate for some of the errors we have made. -4- Attorney Meyers: I advise the Council that we pay what B -E requests. MS (Pickar- Hodges): In the interest of construction of the building, I would move that we pay B -E the amount of $12,272.20. Attorney Meyers suggested adding to the motion a reference to the Council's .lualifications in change orders 3, 4 F, 7. Councilmen Pickar and Hodges agreed to this addition. MSP (Johnson Baumgartner) to amend the motion that the City of Mounds View reserves the right to arbitrate and /or litigate the question of the ultimate liability for the work which is the subject of this payment, with any and all parties. Mayor Johnson then asked for a vote on the main motion and it carried. 5 ayes check for $12,272.20 to B -E Enterprises, Inc. was added to the list of bills for approval. Administrator Achen asked whether the work could be completed by December 7. Walijarvi stated that there is no reason the police department cannot begin to move in. The grill will be operable by motor or by hand. The building will be ready for the dedication ceremonies. Mayor Johnson recessed the regular Council meeting and called to order the public hearing on the preliminary plat of Balk's Addition. Donald Balk, 2656 County Road J, stated that his property is divided into 7 lots, meeting all the requirements. The corner lot has 100 feet of frontage. He requested and received variances of 2.66 feet for the lots less than 85 feet frontage from the Planning Commission. Councilman Shelquist said that the Planning Commission gave Mr. Balk two alternatives, depending upon what he wanted to do. He could divide it this way, or keep the larger portion for himself. The Commission did vote to allow that Lots 2, 3 T, 4 be 82.34 x 234. Mr. Balk stated that he was planning to sell these lots. Mayor Johnson asked what the City staff feels we should be asking for with regard to additional setbacks, etc. Administrator Achen stated that the preliminary plat, dated October 20, 1975, was satisfactory. Administrator Achen said that since the Council sct the 4 foot from the water table policy it was learned that FHA also requires 4 feet. The Council may want to look into requiring the installation of drain tile and sump pumps in homes close to the water table. 5 ayes`' -5- MSP (Shelquist- Hodges) that the Council approve the preliminary plat of Balk's Addition, creating 7 lots, as shown on Exhibit A presented to us this evening. Attorney Meyers noted for the record that Ramsey County, Minnesota Highway Department and Anoka County were all invited to attend this public hearing in the event that they had any questions regarding the proposed plat and no one has appeared. Mayor Johnson then adjourned the public hearing on Balk's Addition and recon- vened the regular Council meeting. Attorney Meyers stated that he and Councilman Shelquist met with Mr. Short of Banister, Short, Elliott, Hendrickson Associates, Inc. regarding the contract for storm water drainage engineering services and came up with a 6th draft of the contract. They made additional refinesments to the con- tract, which he subsequently read to the Council. MSP (Shelquist- Johnson) to authorize the Administrator and the Mayor to execute the revised agreement for the engineering services with Banister, Short, Elliott, Hendrickson Associates, Inc. for a storm water drainage and ground water control study. Councilman Shelquist stated that with regard to Page 2 of the agreement, "Community Awareness it was at the discretion of the Council as to what meetings would be held in the preliminary stage to inform citizens. He suggested 3 meetings: at Sunnyside, Red Oak and Pinewood. Administrator Achen mentioned that a newsletter is going out soon, so it would be good to set scme dates this evening. Mayor Johnson questioned the necessity for three meetings, but Councilman Shelquist felt there would be more of a turn-out if we got out into the neighborhood, out of City Hall, to take away the idea that this is an official meeting or hearing and make it more informational. Administrator Achen said that they could insert a mimeographed questionnaire with the newsletter, asking if there is an immediate problem on a lot, etc. This would give some input and alleviate the need for more meetings. Coun- cilman Baumgartner felt three meetings should be held. In that way the people are offered a chance to explain their problems. Councilman Pickar stated that he would like to see three well attended meetings but doubted that this would be. He would rather see one with good participation. Councilman Shelquist suggested having them after the first of the year when things slow down a little, using PTA's for advertisement. Mayor Johnson stated to Administrator Achen that the consensus is that we will have three meetings, and that he should write his article for the news- letter and he will be given the dates after discussion with Banister and Short. Administrator Achen spoke on the resolution regarding participation with "Cities of Blaine and Lexington in federal grant application for repair and improvement of Anoka County Judicial Ditch No. 1 He explained that the reason for the resolution was to show HUD that the three municipalities are in agreement. HUD) would insist that the main channel be done first. The resolution does not guarantee funding. MS (Johnson- Baumgartner) that we approve Resolution No. 694. Attorney Meyers raised the questions as to whether this would cut into our grant money and how this would tie in with the Banister and Short contract. Administrator Achen stated that our ranking is high enough that it shouldn't affect our funding, although that is not guaranteed. MSP (Hodges Pickar) 10 amend the motion in the NOW THEREFORE clause, by inserting the words "concept of the" after the word "the" and before the word "drainage Mayor Johnson called for a vote on the main motion and this carried. 5 ayes Administrator Achen read a letter to the Council from the City of Fridley, stating that they are at the end of their street improvement project and want to make plans for next year, requesting Mounds View cooperation on a joint street improvement project on proposed Pleasantview Drive. Mayor Johnson stated that Administrator Achen should write them and tell them that Mounds View views this project as a very low priority improvement project. Councilman Baumgartner stated that the people are having problems with standing water, and he feels that we should talk to these people and see what their thoughts are if they are willing to pay for such a thing. It would certainly overlap the Banister and Short study. He suggested that we write Fridley telling them we will take it under advisement and include it in the Banister and Short study, and talk with the people who live along Pleasantview from H2 to I. Councilman Pickar stated that he would hate to say that we are not interested without consulting with the people. Mayor Johnson instructed Administrator Achen to write a letter to Fridley explaining that Mounds View is planning a storm sewer study, and we will incorporate their request into that study. In addition, a form letter should go out to everyone along the street to see what their feelings are. With regard to setting a public hearing for the Birgir Hardee trained dog permit application, Mayor Johnson said that the fee of $5 has been paid. Councilman Baumgartner stated that serious thought should be given as to what we are going to expect the dog to do and to have such as affidavits. certificates from obedience school, etc. Administrator Achen stated that the Council should consider requesting the property owner to give his approval for this, since Mr. Hardee rents an apartment. 5 ayes -7- Councilman Shelquist said that a member of the administrative staff should observe the dog and advise the Council as to the degree of the dog's training before the public hearing. MSP (Johnson- Hodges) that the Council have a special hearing at 8:30 pm on December 8, and that a letter be sent to the abutting property owners about the nature of the hearing on that date. Mayor Johnson then requested Administrator Achen to look at the dog and make a recommendation on December 8. Administrator Achen distributed copies of the proposed resolution regarding the Ramsey County Board's 1976 legislative program. He explained that the purpose of the resolution was to take positive action to support the County Board. MSP (Baumgartner Shelquist) to adopt Resolution No. 695. 5 ayes Mayor Johnson said that there was a delay from the last Council meeting regarding the purchase of an electrostatic copy machine until the administra- tor had examined the budget for 1975. Administrator Achen reported that there are funds available for the purchase. MSP (Hodges Pickar) that the Council purchase the electrostatic copy machine as recommended by the staff. MSP (Johnson Pickar) to approve the Licenses listed, with the addition of S. J. Construction Inc., Fridley, new license, and waiving the fee to Cub Scout Pack 714. MSP (Baumgartner Pickar) to approve the bills with the following changes, to void 10552, 11341 and 11409. Add 11479 to B -E Enterprises for $12,272.20. General Fund checks 11378 through 11477, Payroll account checks 3082 3114. Transfer check #11478 transferring from General $13,674.26, $1,011.26 from the Water, and from the Sewer, $1,595.26. Total Disbursements: $183,938.23. Mayor Johnson questioned the check to A M Tractor for vehicle repairs. Administrator Achen explained that it was for the front end loader that caught on fire, but most of it was covered by insurance. Councilman Baumgartner questioned check #11410 to Jim Schlichtman for spruce trees. It was explained that the trees are going into parks, and it is coming from the forestry budget. ADMINISTRATOR ACHEN'S REPORT 5 ayes 5 ayes 5 ayes 5 ayes Administrator Achen said that, effective November 15, Arlene Peddycoart will be resigning as Secretary. MSP (Johnson- Hodges) that we accept Arlene Peddycoart's letter of resignation with regrets and wish her the best of success in her new position. 5 ayes -8- Administrator Achen stated that they have already interviewed several people for her position and would like to fill it as soon as possible. Attorney Meyers said that the Council can authorize the Clerk- Administrator to hire someone. MSP (Johnson Shelquist) that we hire a replacement for Arlene Peddycoart's position and that the individual hired and the pay scale will be confirmed at the next Council meeting and that the new employee will begin work on November 12. Administrator Achen further stated that the Ramsey County District Court held in favor of Teamsters Local 320 which sought to have the arbitration award enforced only on a cash position. The attorney for the municipalities recommends that the judgment of the court be appealed and a letter from the attorney to that effect was read to the Council. Both the Administrator and the Attorney recommended that the City not participate in the appeal of Judge Schultz's decision. Administrator Achen stated that 1976 negotiations were stalled because the union has not responded to the City's offer made six weeks ago. He stated that his recommendation was to keep the options open, but would like the alternative, if he felt it appropriate, to file for mediation. If we take no action, in terms of public opinion we are just as responsible for dragging our feet as the union. 5 ayes MSP (Baumgartner Shelquist) to request mediation. 5 ayes Administrator Achen said that the office had received a letter from Diane Harstad regarding Greenfield #3 plat. They desire to pay the $4,011.00 of special assessments for Lots 1 and 5, Block 1, without paying the $382 interest collectible in 1976. If it had been paid by October 15, they would not have had to pay any interest, but the plat wasn't approved until September and the normal process takes 6 -8 weeks to complete, so, consequently, the October 15 cut -off was missed. MSP (Johnson Hodgest) that we authorize the Clerk- Administrator to write to the Ramsey County Treasurer and inform him that he can accept the payment of the assessments and waive the interest. 4 ayes Baumgartner nay Administrator Achen said that the ''ork has begun on the Highway 10 ditch at Mounds View Square. Don Paster called him and has requested that some consideration be given to the money and time he spent originally on the northwesterly access which was at the City's behest. Because the Council's original request to solve the problem has not been accomplished by the developers, the Council cannot be expected to be very sympathetic. The Council was in agreement. Mayor Johnson stated that last Monday the Council listened to Police Chief Grabowski and his problems with offenders who have been apprehended. Through the judicial system and the Department of Corrections, they are being given very lenient releases and paroles. -9- MSP (Johnson Pickar) that we direct Administrator Achen to prepare a resolution to be directed to our legislatorsexpressing our desires regarding these pro- blems. 5 ayes Councilman Hodges made two points: Why is Engineer Bearden last on the agenda? Do we feel we need him for resources all the way through the meeting? Should we put a time limit on our meetings? Mayor Johnson stated that the Council will give both points some thought. COUNCILMAN BAUMGARTNER'S REPORT No specific report, but feels that the Polka Fest sign should be taken down as it has served its purpose. COUNCILMAN PICKAR'S REPORT He had received a letter from the Association of Metropolitan Municipalities asking him to investigate their services, stating that they would show the Council a film. Mayor Johnson stated that Councilman Pickar should attend one of their meetings first to find out what they are discussing, etc., and then perhaps see the film. Mayor Johnson further stated that as of yet we have no flags for December 7. Administrator Achen said that we have them now, but no logo. The chairs ordered are the wrong color. MSP (Johnson Pickar) to accept the Italian Brown color of the chairs as it would be $15 per chair to change the color. COUNCILMAN SHELQUIST'S REPORT This Wednesday will be the first of two meetings of the Planning Commission in November. From now on they will be meeting twice a month, except in December. Mr. Shelquist questioned Mr. Achen as to item 6 on the Admini- strator's report regarding the fiscal disparities law. Are they having a hearing without having proposed the changes yet? Mr. Achen answered that it was more of an informational meeting, rather than a formal hearing, to solicit input as to how the law should be changed. Councilman Shelquist also ques- tioned item 4, the Laxman Sundae claim. Attorney Meyers stated that they are giving us the statutory notice that is required if you ever intend to present a claim within a year. ATTORNEY MEYERS' REPORT Attorney Meyers read proposed ordinance No. 237 to the Council on conflict of interest. MSP (Johnson Shelquist) to approve Ordinance No. 237. 5 ayes Attorney Meyers also mentioned the Northern States Power problem and inquired as to whom he should direct a letter, to allow and arrange for installation of gas pipes in new streets, pursuant to our franchise agreement. The names Gerald Femmo and Jerry Wallace were mentioned. 4 ayes Shelquist nay ENGINEER BEARDEN'S REPORT He stated that the contractor is working on the driveways in Mounds View Square now. The State will be out Wednesday and Thursday to begin their portion of the work. Ramsey County was instructed by the Administrator to proceed with some of the ditch work up to the limit of $2,500. He mentioned two areas adjacent to the City Hall parking lot that should be sodded and seeded, 300 yards on the bank and 350 yards to the right of the building. The contractor's price for sod and the placing of 4" of top soil would be $754. If it were seeded, we could get the contractor to come back and do it for $160. The light poles were delivered to the wrong place and now will not be able to be in by the first week of Decemb. -r. Mayer Johnson polled the Council on the advisability of doing more sodding. Councilman Hodges: yes Mayor Johnson: Wait until spring and then have a sodding party with the Jaycees and other organizations interested in doing landscaping. Councilman Baumgartner: Throw some seeds down, but not go with the sod. Councilman Pickar: Wait until spring. Councilman Shelquist: Put seed down. Mayor Johnson asked Engineer Bearden how much the seed would cost? Engineer Bearden answered, around $160 if we were to do it at the price on the contract. MSP (Johnson Pickar) that we defer any further landscaping or sodding until spring. 5 ayes Mayor Johnson asked for any further business. There being none he asked for a motion to adjourn. MSP (Baumgartner Hodges) to adjourn at 11:45 pm. Respectfully submitted, 7)7_2JJ:e ackun Mark Achen Clerk- Administrator