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HomeMy WebLinkAboutMinutes - 1976/01/12PROCEEDINGS OF THE CITY COUNCIL CITY OP MOUNDS VIEW RAMSEY COUNTY, MINNESOTA A regular meeting of the Mounds View City Council was called to order by Mayor Johnson on January 12, 1976, at 8:06 p.m. at Mounds View City Hall, 2401 Highway 10, Mounds View, MN 55112. Present: Mayor Johnson Also present: Clerk Admin. Achen Councilman Hodges Attorney Meyers Councilman Baumgartner Engineer Bearden Councilman Pickar Councilman Shelquist Mayor Johnson asked for approval of the minutes for December 22, 1975, and the following c,rrections were made: Administrator Achen stated that on page 5, after surplus funds it should include a list of the items. On page 4, 7th paragraph, it should read Ordinance #240, rather than Resolution. And at the bottom of page 3 Norm Ekland's name should be spelled "Ecklund Further, on page 3, Councilman Shelquist stated that in the 6th paragraph it was Councilman Baumgartner who stated that the snowmobiles would have to be transported from the trail to their home. Also on page 5 inserted in the 8th paragraph after the word "of" and before the word "surplus" the words "General Fund On page 7, 5th paragraph, the words "It could be found somewhere else. Mayor Johnson agreed and" should be deleted and a comma inserted after the word "sharing" and the word "and" inserted. This sentence would then read: "Councilman Shelquist said that every time we overrun I don't think we should go into revenue sharing, and suggested taking it out of the excess $3000." Further, on page 8, Councilman Shelquist made the correction: in the first paragraph, last sentence, delete the words "something in the area of dog control." and inserting instead: "other arrangements for doa control than the use of MAPSI. Paying them $500 for 5 citations this month is a rip off of the taxpayer. Perhaps a contract on a call only basis rather than for patrolling is in order." Councilman Pickar corrected a misspelling on page 7, last paragraph. Joan Witteke's name should be spelled: "Godeke MSP (Pickar- Hodges) to approve the minutes of December 22, 1975, as amended. 5 ayes MSP (Baumgartner Shelquist) to approve the minutes of the special meeting of the Mounds View City Council on January 5, 1976. 5 ayes MSP (Hodges Pickar) to approve the minutes of the special meeting regarding drainage problems of January 5, 1976. The Mayor asked that his comments be added to the printed minutes. 5 ayes Council meeting -2- January 12, 1976 From the floor, Frank Gabrysch, 2832 County Rd. J, inquired as to whether there is sewer and water south of Highway 10 and east of Long Lake Road. Engineer Bearden replied that there is water on two sides and sewer is available, he thought, on the south side of Highway 10. Administrator Achen presented the consideration of Balk's Addition final plat. He stated that the final plat corresponds with the Council's approval. Donald Balk stated that he was not a developer and not making any profit and that Ramsey County has approved his request to keep the two lots that he is not selling, and he requested a variance on the park dedication fee until the other two lots are sold, the north lots 2 and 3. Mayor Johnson clarified that Mr. Balk was requesting that the $112.00 park dedication fee be waived and requested a motion to approve or deny. Administrator Achen stated that one of the problems is that in terms of good planning he was encouraged to subdivide all of his property rather than leaving a large area unsubdivided. Mr. Balk could have reduced his park fund dedication by not doing this. Councilman Pickar mentioned that this might create a precedence, and further, in what way would another Council and another Administrator know that there was no park dedication in years hence. MSP (Baumgartner Pickar) that the Council approve the final plat for Balk's Addition and not waive the park dedication. Attorney Meyers stated that there could be an agreement in the form of a lien against the property. Mayor Johnson asked Mr. Balk if he had sold any of the lots yet and Mr. Balk replied that he has earnest money on Lots 4, 5, 6 and 7. A vote on the motion was called for and the motion carried. 5 ayes Mayor Johnson recessed the regular Council meeting and called to order the 8:30 p.m. public hearing on the Arthur Spagenski major subdivision request, 8231 Eastwood Road. Ron Smith spoke to the Council as the buyer of the lots from Mr. Spagenski. He stated that his problem was that he would like to have a 25 -foot setback on Arden Avenue as he wants his home facing Greenwood Drive. Councilman Shelquist explained to him that the Planning Commission had previously granted the variance and tonight is only a matter of granting the subdivision. Mayor Johnson inquired regarding the shed on the property and Mr. Smith stated that it will be removed. Councilman Shelquist moved that the Council approve the major subdivision for Arthur Spagenski, 8231 Eastwood Rd., as recommended by the Planning Commission with the reservation that the shed located on Lot 3 be removed prior to the approval of the final plat. This motion was seconded by Councilman Hodges. Mayor Johnson asked the percentage of utility poles fronting on the street and Engineer Bearden replied that there were some on Greenwood but they were predominantly on back lot lines. Council meeting -3- January 12, 1976 MSP (Johnson Shelquist) to amend the motion to include a 5 -foot utility easement on the back lot lines of Lots 1, 2, and 3 on the north line of the plat, Spagenski Addition. 5 ayes Attorney Meyers stated that a variance to front yard setback appeared to be a variance that the Planning Commission could grant assuming they had found the proper criteria: i.e. hardship variance. A vote was called for on the main motion as amended. 5 ayes The public hearing was adjourned. Mayor Johnson called to order at 9:00 p.m. the public hearing on used car sales license renewal for Bill Ed's Auto, 2740 Highway 10. Administrator Achen stated that Mr. Bill Gillespie was cited for vehicles parked on the right -of -way on both the north and west sides of the lot after he failed to meet the deadline notifying him`' of the violation. Mayor Johnson asked if there were any recent proceedings regarding Gillespie Auto Sales and Attorney Meyers replied that the only proceeding was on his private property where he was cited for having a number of vehicles parked on his home property. Bill Gillespie stated that there is one bus that does not belong to him and he can't get the owner to remove it. He stated that he had received the letter on this in December and he moved them all back except the bus. Mayor Johnson stated that Mr. Gillespie's license was temporarily extended until January 12, 1976, and asked for any further action the Council may want to take. MSP (Shelquist- Baumgartner) that the Council deny the application for renewal of the used car license for Bill Ed's Auto. Councilman Hodges asked Mr. Gillespie how many years he had been on that corner and he replied about seven. Councilman Shelquist stated that there are no problems with Mid American Auto Sales and they have met all the requests that the Planning Commission had set forth a year ago. Mr. Gillespie should do the same as the setback requirements were there for quite a few years. Nothing has come from the Council's request for him to clean up his lot made some years back. Administrator Achen stated that the Building Inspector had inspected it today and the bus is beyond the right of -way. After much discussion the Mayor stated the following reasons for his being in favor of denying the license: 1. You have a corner that is a blight to the neighborhood. It is not a used car lot, it is a junk lot. 2. You are posing a traffic hazard on that corner, parking on the State right -of -way. Citizens have complained about the unsightliness of the premises as well. Council meeting 3. The type of business you have been operating has caused you to have violations on your own personal property. You have been recently cited for having junk cars on your premises and you pleaded guilty. 4. Every winter you have to be asked to come in and discuss the problems of your used car lot. In terms of operating a business, your rhetoric has little argument. 5. You have a situation which is very conducive to vandalism. The lack of lighting is part of the problem. Based upon the above, I am in favor of denying the renewal of the license. Mr. Gillespie asked for 60 days to do what the Council requests and Councilman Shelquist stated that this seems to be a problem discussed once a year. As far as time to remove the cars we would be willing to give him 30 days to clear the lot before tickets are issued. He further stated that the right to make a living is not the right to make a detriment to the rest of the community. A roll call vote was requested. Councilman Shelquist aye Councilman Pickar nay Councilman Baumgartner aye Councilman Hodges nay Mayor Johnson aye Motion carried. MSP (Shelquist- Baumgartner) that the police department be instructed to withhold issuing tickets on the cars for 30 days to give Mr. Gillespie time to clear the lot. Attorney Meyers explained to Mr. Gillespie that he had two ways to get back into business. One was to argue the case in court stating the Council arbitrarily and capriciously denied the license, the other was to try to meet the Council's demands and possibly they would then reconsider. A roll call vote was requested. Councilman Hodges aye Councilman Baumgartner aye Councilman Pickar aye Councilman Shelquist aye Mayor Johnson aye Motion carried. -4- January 12, 1976 Councilman Pickar told Mr. Gillespie that if at the end of 30 days he felt he needed more time you can come back before the Council and they will consider an extension. However, an affirmative answer should not be relied upon. MSP (Baumgartner- Hodges) the special hearing be adjourned. At 9:55 p.m. Mayor Johnson reconvened the regular meeting. Council meeting 5 January 12. 1976 Attorney Meyers recommended that the police department inventory the lot and determine whether the cars are operable or not. Admini- strator Achen will follow through on this. Administrator Achen presented the proposed timetable for preparation of Community Development Block Grant Application for 1976. He stated that the pre applications have to be submitted by February 15 to the Metropolitan Council. He has tentatively set a schedule up to have the public hearing on January 26, which is the same evening the Council will reconsider the license fees. The proposed timetable is: January 12 Council establish time table January 15 Publish legal notice of hearings January 12 -26 Contact civic groups /organizations /neighborhood residents to solicit proposals distribute informational literature January 26 First public hearing /Council direct staff to prepare alternative drafts of program narratives February 2 Second public hearing /Council adopt program narrative and authorize Mayor to execute pre application February 2 -13 Staff complete /submit pre application to Metropolitan Council MSP (Johnson- Hodges) that the Council adopt the'proposed calendar for the Community Development Block Grants. The first one would be set for January 26 at 8:30 p.m. and the second one February 2 at 7:00 p.m. 5 ayes Mayor Johnson asked Administrator Achen to try to meet with commu- nity groups and work up suggestions. Administrator Achen presented resolutions apportioning assessments for subdivided lands. MSP (Baumgartner Shelquist) Resolution #704 to reapportion the assessments of the Gustafson Second Addition. 5 ayes MSP (Hodges- Baumgartner) Resolution #705 to reapportion the assessments of the Timothy Lewis property at 8331 Red Oak Drive. 5 ayes Mayor Johnson explained the Technical and Engineering Assistance Agreement and Annual Agency Agreement for 1976 with MN Department of Highways for State Aid Streets. MSP (Shelquist Hodges) to approve Resolution #706 for the Technical and Engineering Assistance. 5 ayes MSP (Pickar- Baumgartner) to approve Resolution #707 for the Annual Agency Agreement for 1976 with MN Department of Highways for State Aid Streets. 5 ayes Council meeting ENGINEER BEARDEN'S REPORT 6 January 12, 1976 Administrator Achen explained the proposed change order No. M to C. 0. Carlson Air Conditioning Co. contract for city hall addition. It was to put a low water cutoff on the boilers for an additional $100 as a safety measure to prevent boilers from overheating if the water gets too low. The bill was sent through as a change order, but it may be paid out of General Funds, if the Council prefers. MSP (Johnson- Baumgartner) that the Council approve Order No. M -1 to C. O. Carlson Air Conditioning Co for low water cutoff on the new boiler. Administrator Achen mentioned that the building is except for 6 or 10 small items. and there has been so far. the Change adding $100 5 ayes almost completed, no water problem MSP LPickar- Baumgartner) to approve Ordinance #241 amending Chapter 6, Personnel, of the Municipal Code. 5 ayes Administrator Achen asked the Council to affirm his action taken in hiring Bianconi Construction Co. to make the sanitary sewer repair at the Towns Edge Terrace Mobile Homes. Attorney Meyers said that the Council should make a finding that there was an emergency situation and concur in the Administrator's action and ratify the action. MSP (Johnso.i- Shelquist) that we ratify the actions of the Administra- tor in hiring Bianconi Construction Co. to make a sanitary sewer repair at the Towns Edge Terrace Mobile Homes. It is further understood that the sewer break occurred around Christmas and in order to continue to provide sewage service it was necessary that the sewer line break be immediately repaired, not to do so would create a public hazard. An emergency existed and an estimate of the work was received from several firms and it was felt that Bianconi Construction was in the best position to render expeditious service and that their quote was low. 5 ayes Engineer Bearden read the list of quotes that had been submitted: AFC Construction $25,200 Barbarosa Sons 41,000 Bob Moore 17,000 to 29,000 Bianconi 12,500 Orfei Sons 19,700.12 C. S. Malcrousen 26,048 The lamp standards for the City Hall parking lot come through a supplier and various warehouses, and have been tied up somewhere in between. There is no definite date yet, but the completion date on the contract was around December 1. Council meeting ADMINISTRATOR ACHEN'S REPORT -7- January 12, 1976 Administrator Achen recommended the following transfers to effect year end closing (1) To close temporary bond fund $80,343.30 from Temporary Bond to Improvement Bond. (2) To correct previous transfer that neglected December 22 bills. Closes out Project 1973 -5 (auditor recommended this procedure) $4,108.97 from Improvement Bond to Project 1 -5. MSP (Johnson- Hodges) to approve the transfer of funds $80,343.30 Temporary Bond to Improvement Bond to correct previous transfers for the December 22 bill. Closes out Project 1973 -5 $4,108.97 from Improvement Bond to Project 1973 -5. Administrator Achen presented the Licenses for Approval (attached). Councilman Shclquist asked regarding the Wyman Nelson Enterprises, Inc. (for Perkins Cake Steak) license application, as they have been operating for a month without one. MSP (Johnson Pickar) that the Council approve the licenses as requested. 5 ayes Administrator Achen presented the bills for approval and stated that there was a change from strict cash to modified accrual. In the December Payables there is a total distribution of $19,719.34. In the January 12, 1976 Bills for Approval General Account checks #11754- 11774, Payroll Account #1230 -1232, Payroll Disbursements #3219 -3259, voiding #3254, Transfer Check #11768, transferring $15,464.45 from General Fund, $1,123.41 from Water Fund, $1,651.88 from Sewer Fund to pay gross pay. Total distribution $25,831.11. MSP (Johnson- Hodges) that the probationary periods have been served by Mischa Moran, Steven Rose and Marcia delaBruere and that they be listed on the status as full -time permanent employees. 5 ayes MSP (Pickar- Baumgartner) that the following skating rink attendants be approved: Kip Lundquist 2107 Cornell Duane Matushak 166 29th Ave. N.W. Jason Lamppa 5119 Red Oak Drive Tom Ordahl 5056 Greenwood Drive Tim Pittman 5379 Raymond Ave. David Lubker 3032 Hillview Rd. Carl Lubker same Paul Eickstad 2741 Sherwood Rd. Gail Bernfeld 25 13th Ave. S.E. Kathy Nelson 2901 Spring View Lane LuVerne Peterson 2427 Clearview Ave. (List attached) MSP (Johnson Baumgartner) that the bills be approved as presented. 5 ayes 5 ayes MSP (Shelquist- Hodges) that the Council authorize that the remaining $12,539.84 from the 1975 State Aid construction receipts go into the Revolving Fund. 5 ayes Council meeting Administrator Achen further stated that the police report for this month includes a list of apartment calls, but in the future there will be less detail. MAYOR JOHNSON'S REPORT The City has received a letter of commendation from the Chief of Police of Blaine commending Officer Siluk for his efforts in apprehending bank robbers on December 22, 1975. He also has a copy of the minutes from the December 10 meeting of the Bicentennial meeting. And a letter from the First State Bank of New Brighton thanking us for appointing them as official depositor for the year 1976. And a letter from Gary French of the Mounds View Jaycees regarding a skating rink in Mounds View Park. This letter will be referred to Doug Bryant. Also a letter from the City of Ramsey reviewing what happened at a January 7 meeting in Anoka. They want to get an input into metropolitan planning legislation and want to hire an attorney to represent them and ask for a commitment not to exceed $300. COUNCILMAN HODGES' REPORT None COUNCILMAN BAUMGARTNER'S REPORT -8- January 12, 1976 Three members of the Park &Recreation Commission's terms expired in 1975 and they want to be reappointed to 3 -year terms. They are Luverne Peterson, Gordie Fedor and Barbara Haake. MSP (Baumgartner- Hodges) that Luverne Peterson, Gordie Fedor and Barbara Haake be appointed for 3 -year terms on the Park Recreation Commission, terms to expire in 1978. 5 ayes Further, Councilman Baumgartner stated that Luverne Peterson was re- elected as chairman of the Park Recreation Commission. January 22 is the regular meeting of the Park Recreation Commission at 6:30 when they will be discussing the general layout of Woodcrest Park; at 7:00 p.m. on February 12 there will be a discussion of the layout of Greenfield Park at the City Hall. They will be meeting with the residents in the area. Administrator Achen stated that he has tentatively arranged a meeting for next Monday with the business men involved in off -sale license fees, discussing compromises. COUNCILMAN PICKAR'S REPORT Doug Bryant met with the subcommittee of Ramsey County Park Recreation with the possibility of soliciting county financial support for Lakeside Park. The Lakeside Park Commission meets Thursday at 7:30. Darryl Turner's term expired December 31 but is not going to be a member again. He has contributed very much to Lakeside Park and we extend our appreciation. The Silver Lake Skate Competition is scheduled for February 1 in the afternoon. Council meeting Members are needed at Lakeside Park and on the Human Rights Commission. Mayor Johnson stated that the City Appreciation Benefit is February 7. COUNCILMAN SHELQUIST'S REPORT Administrator Achen was asked to find out regarding Robert Bruflodt's lot split. The neighbor to the north wanted less than a 50/50 lot split but he wanted to wait and see what had taken place in the Bruflodt lot division. It was 180 x 100 and 273.2 x 100. It was recorded at the County as 150 x 100 and 305.2 x 100. Conse- quently, Councilman Shelquist felt that the sketch plan system doesn't work, and feels we may have to go to survey on all lot splits. Administrator Achen replied that the Council's position at one time was not to require the plat. There was the preparation of an ordinance on that basis. Mayor Johnson inquired as to what a survey was going to do. Councilman Shelquist asked what the County has to go on when a lot split is recorded at this point? Admini- strator Achen replied that the deed is stamped saying that the lot split did take place and was approved. It is encumbent upon the staff to see that it is stamped as it was approved by the Council. Mr. Bruflodt's deed was not checked by anybody except himself. Mayor Johnson asked if we should have Mr. Achen develop an ordinance where we begin requiring a plat on minor subdivisions. Councilman Shelquist replied that he was concerned that we do not have enough control to prevent someone from doing what he pleases. Councilman Baumgartner stated that the staff is now reviewing these deeds and comparing them to the original subdivision request and he would be concerned about the additional expense. Administrator Achen stated that he would find out exactly what kind of cost would be involved and will report back. ATTORNEY MEYERS' REPORT MSP Shelquist- Pickar) to adjourn at 11:50 p.m. -9- January 12, 1976 The assessment appeal was continued until the middle of March. Councilman Shelquist stated that he would like to have the staff check with New Brighton and see the status of Bill Ed's Auto Repair located there. Respectfully submitted, Mark Achen Clerk- Administrator OFF -SALE NON INTOXICATING LIQUOR renewal A. A. Standard Service 2155 Highway Ave. CIGARETTE renewal A. A. Standard Service 2155 Highway Ave. Martin Oil Service, Inc. 2901 Highway 10 N. E. LICENSES FOR APPROVAL, January 8, 1976 CIGARETTE new Wyman Nelson Enterprises, Inc. (for Perkins Cake Steak) 2214 Highway 10 GASOLINE STATION renewal A. A. Standard Service 2155 Highway" 10 Highway 10 Service 2848 Highway 10 AUTOMOBILE SALES renewal Mid American Auto, Inc. 2975 Highway 10 RESTAURANT new Wyman Nelson Enterprises, Inc. (for Perkins Cake Steak) 2214 Highway 10 GARBAGE RUBBISH HAULERS new Walter's Disposal Service Inc. 2830 101st Ave. N.E. Minneapolis, MN 55434 Midwest Vending Co. (for Highway 10 Service) 2848 Highway 10 Martin Oil Service, Inc. 2901 Highway 10 N.E. SEWER WATER new Mitsch Plumbing Heating, Inc. 317 Central Ave. Osseo, MN 55369 PARKS AND RECREATION DEPARTMENT EMPLOYEES 1975 1976 Skating Rink Attendants Kip Lundquist 2107 Cornell, 55112 786 -8114 $2.35 Duane Matushak 166 29 Ave. N.W., 55112 633 -2963 2.25 Jason Lamppa 5119 Red Oak Dr., 55432 786 -2046 2.30 Tom Ordahl 5056 Greenwood Dr, 55112 784 -0577 2.30 Tim Pittman 5379 Raymond Ave, 55112 786 -1613 2.35 David Lubker 3032 Hillview Rd, 55432 784 -6659 2.35 Carl Lubker 2.30 Paul Eickstad 2741 Sherwood Rd, 55432 784 -6367 2.30 Gail Bernfeld 25 13 Ave. S.W., 55112 633 -0725 2.25 Kathy Nelson 2901 Spring View Lane,55432 784 -5764 2.25 Skating Rink Aide LuVerne Peterson 2427 Clearview Ave, 55112 784 -4323 3.00 (maximum of six hours per week Limited Use)