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HomeMy WebLinkAboutMinutes - 1976/05/24PROCEEDINGS 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 May 24, 1976, at 8:04 pm., at Mounds View City Hall, 2401 Highway 10, Mounds View, MN 55112. Present: Mayor Johnson Also present: Clerk Admin. Achen Councilman Baumgartner Attorney Meyers Councilman Pickar Engineer Bearden Councilman Shelquist Councilman Hodges was absent. LISP Pickar- Baumgartner) to approve the minutes of May 10, 1976, regular meeting. 3 ayes 1 abst. Councilman Shelquist abstained as he was out of town. CITIZEN COMMENTS REQUESTS there were none. The following items can be approved and adopted by a single Council motion: 1. Resolution No. 733 entitled CLARIFYING AND EXTENDING PREVIOUS REQUEST TO RAMSEY COUNTY FOR DESIGNATION OF NO PARKING ZONES ALONG SOUTHEASTERN SHORE OF SPRING LAKE. 2. Receive Sunrise Methodist Church petition regarding the possible effect upon their real property of the storm water engineering consultant's recommendations. Direct administrator to forward petition to Banister, Short, Elliott, Hendrickson Associates, Inc. and to notify Church of the completion date for the consultant's storm water manar.ement study and to indicate that this petition will be considered at that time. 3. Resolution No. 734 entitled AUTHORIZING SALE OF TAX FORFEITED LANDS LAPORT MEADOWS LOT 5, BLOCK 6. 4. Authorize Metropolitan Area Management Association to represent the City of Mounds View in current labor contract negotiations with the International Union of Operating Engineers, Local No. 49. 5. Director administrator to notify the International Union of Operating Engineers that the City of Mounds View will not pay the wages of Wallace I• ":ortenson while he attends contract negotiating sessions on behalf of the members of the union, but that the City will allow 1r. Mortenson time off without pay to attend such negotiating; sessions as long as he gives his supervisor at least 24 hours notice of such absence. 6. BILLS FOR APPROVAL General Account Checks #12462- 12534, Payroll Account Checks #2489 2527, Transfer Check transferring x15,731.43 from General Fund, X1,576.90 from Water, 51,145.76 from Sewer to pay gross pay of May 30, 1975. Total disbursements: 1' 7,30 Also authorize issuance of check to Webster Co. Inc. May 24, 1976 Page 2 in the amount of $2,061.59 for payment of a judgment rendered by Second Judicial Court of Ramsey Countj on May 13, 1976. 7. Approve following licenses: New: Sewer Water D.C. Gene Builders 9919 20 Forest Lak 5 General Contractor Minnesota Package Products 6922 55th St. N. No. St. Paul, MN. 55109 Renewal: Public Dance Hall Bel Rae Ballroom 5394 Edgewood Dr. Set Up Bel Rae Ballroom 5394 Edgewood Dr. Off -Sale Intoxicating Liauor: Edward Donatelle d /b /a Donatelle's Inc. 2400 Highway 10 Charles Hall d; /a Mermaid Cocktail Lounge, Inc. 2200 Hig;?way 10 Rita M. Waste d/b /a B R Liquors 2345 County Rd H -2 Phillip H. Suckerman d /b /a Budget Liquors, Inc. 2567 73 Highway 10 9. Receive and approve notice from Mounds View School District dated May 14, 1976, that it wishes to terminate its rental agreement for the use of city hall basement facilities effective June 15, 1976. MSP (Johnson- Shelquist) that we approve Resolution 733, that we receive the petition from Sunrise Methodist Church, that we notify the church the action on the petition will be held in abeyance until the completion date of the consultant's storm water management study, approve Resolution 734, that we authorize Metropolitan Area Management Association to represent the City of Mounds View with the International Union of Operating Engineers, Local No. 49, direct the administrator to notify Wallace Mortenson that the city will not pay the wages but that the City will allow Mr. Mortenson time off without pay to attend negotiating sessionx aslong as he gives his supervisor at least 24 hours notice of such absence, approve the bills of May 24, 1976 and Simon T. Simon d /b /a Simon's Liquor Store, Inc. 2840 Highway 10 8. Set public hearing on Halgren /Dalberg Major subdivision request for 8 :15 pm, Monday, June 14, 1976. May 24, 1976 Page 3 approve the licenses as presented, set the public hearing on Halgren /Dalberg major subdivision request for 8:15 p.m. Monday, June 14, 1976, and receive and approve notice from Mounds View School District dated May 14, 1976, that it wishes to terminate its rental agreement for the use of city hall basement facilities effective June 15, 1976. Minor subdivision of WALTER NEAL, 7575 Groveland N.E. Greg Booth, 206 Skyway No., appeared for Mr. Neal who now lives in Ames, Iowa. The administrator stated that this minor subdivision was approved by the Planning Commission but was neglected to be put on this agenda. The staff recommends approval as recommended by the Planning Commission and that the property owner provide grade and fill plans to the inspection department prior to the development of the east lot. MSP (Shelquist- Baumgartner) that we approve the minor subdivision request of Walter Neal, 7575 Groveland N.E. pursuant to the requirements in the Planning Commission minutes and as stated by Administrator Achen. 4 ayes REQUEST OF LAUNCHING PAD BOWLING ALLEY DEVELOPER FOR 120 DAY EXTENSION OP DEVELOPMENT DEADLINE, such request being made for financial reasons, the bank has required a market survey because of the possibility of two bowling alleys being constructed in the immediate area. Administrator Achen stated that the Launching Pad will be able to present their detailed plans and specifications to the staff within 3 or 4 weeks, have it reviewed by the Planning Commission and submit it to the Council. They are requesting a 120 -day extension. MSP (Pickar Shelquist) that, since there is just cause to ask for an extension, we grant the owners of the Launching Pad an extension to October 11, 1976 for issuance of a building permit for the bowling alley. AUTHORIZE COMMUNITY DEVELOPMENT BLOCK GRANT EXPENDITURES. This is to authorize administrator to begin selection of a clerk typist ($3- 3.15 /hr.) and housing inspector /intern ($3.50 /hr.) for the 1975 Community Development Block Grant program. Budget the expenditure of CDBG monies as follows: $14,270 for personal services, $6,600 for operations and maintenance, and $4,130 for capital. Capital items to be: 1 inspection car $1,200; 2 elec- tronic pagers w /chargers base 775; 1 dictaphone (cassette) 300; 1 portable tape cassette recorder 100; 1 mobil" radio for vehicle 500; 1 typewriter 700; 1 secretarial desk chair 350; 1 4- drawer horizontal file 210. Councilman Shelquist asked what the intent is for the additional clerk- typist and inspector? The administrator replied that the inspector is just for the term of the grant and the clerk typist will depend on what the Council decides to do for the next year. It would be a budget request. The grant will last about 15 -18 4 ayes 4 ayes May 24, 1976 Page 4 months to complete. The inspector will be a college student who will work full -time during the summer and part -time during the school year. PUBLIC HEARING ON PUBLIC IMPROVEMENT PROJECT 1975 -4A, Mounds View Square Shopping Center drainage. Mayor Johnson recessed the regular Council meeting and reconvened the continued hearing on Public Improvement Project 1975 -4A at 8:30 p.m., which was originally convened on May 12, 1976. He stated that the purpose of this was to receive engineering recommendations for the completion of the construction work at the Mounds View Square Shopping Center. Everyone received a copy of the engineer's report prepared by Comstock Davis. Engineer Bearden read the entire report, dated May 21, 1976. Mayor Johnson then asked for comments or questions. Attorney Gerald Frisch, 2350 W. Seventh St., St. Paul, representing Mounds View Square Shopping Center, stated that he had just received the report this evening and would request that he have an opportunity prior to responding to review it with PP Y P wr ua au s own engineers and with his clients. Mayor Johnson stated that at the last meeting we discussed putting the meeting off for four weeks and decided not to wait because that would delay construction until after July 4. He thoughtthat the Pasters were going to give Frisch authority this evening to either acquiesce or not. Mr. Frisch stated that it was his understanding that his engineer would meet with the city's, and he has no authority at this time to respond. There was a report available Friday evening, but he was in trial. He has not had a chance to review it and cannot respond one way or another. He suggested that in order to avoid any controversy and to continue in the spirit of cooperation that he should have an opportunity to respond as expeditiously as possible. Mayor Johnson said that one of the problems that the Council has had is a number of false starts with the developers. He felt that the Council expressed themselves well at the last meeting in that we have gone on long enough at this point he is in favor of proceeding. Mr. Frisch stated that he is asking for an opportunity to respond since we do have a drought there is no immediate urgency. He stated that he wants to leave the Council with the impression that he will cooperate 100% in getting this accomplished, so that everyone is happy. It is a community -wide problem and if he had had this report earlier he could have responded this evening. May 24, 1976 Page 5 Mayor Johnson emphasized that we have our report with the recom- mendations and the city to date has spent approximately $9200 with another $2000 not billed yet. He wants assurance that Frisch's client is going to pay for these costs. Mr. Frisch stated that he cannot assure him that his client will pay all of these expenses. His client will respond only to those items that they are legally responsible for. Those they are not responsible for there will be a controversy over. Mayor Johnson stated that this is an improvement project hearing. This is the time to enter objections to the improvement project and to the costs that will be entailed. Are you in a position to agree that we should proceed? Mr. Frisch answered yes, but because I did not have this prior to the time I am afraid my only recourse is to respond in the negative and I don't want to. However, I may agree with the whole report if my engineers so designate. Mayor Johnson stated that he appreciated Frisch's time constraints. However, he feels it is Frisch's obligation to become aware of what is going on in this project. Mr. Frisch stated that he did not envision it as being slow, but he cannot respond this evening. Warren Harold, 7730 Greenwood Drive, stated that he disagrees with Mr. Frisch that this is happening fast as he was flooded out all last summer. This has been going on for over a year and it is not resolved. All we need is one good rain and everything will be ruined again. He cannot sympathize with Paster Enter- prises after paying over $20,000 to repair his own home. The Mayor and the Council have been trying to get it straightened out He said let us get it done. Mr. Frisch replied that there has been litigation relative to responsibility for the flooding of the basements; these matters are in the court at the present time. He appreciates Mr. Harold's concern, but that is not his client's fault the whole area last year was water saturated. The fact that he cannot respond to this tonight doesn't change the fact that this is his first look at this report. He asked for an opportunity to respond formally or informally, but not this evening. Mayor Johnson asked why the City of Mounds View has to bring the issue to the developer? Mr. Frisch replied that his clients feel they are not entirely at fault for the problem that exists. The fact is that they have done everything they are supposed to do. Mayor Johnson stated that he takes issue with that. Councilman Baumgartner stated that, in response to the citizen, there was some work done last fall that changed the condition of the ditch so there is an outlet. What we are talking about is restoring the ditch as there could be serious erosion problems, but there is storage that wasn't available last spring. May 24, 1976 Page 6 Mr. Harold stated that there was water on County Rd. I in February so the work is not done. Mayor Johnson replied that the work that needs to be done is an issue, but one of the primary considerations is who is going to pay for the work that is done and still needs to be done. Warren Johnson, 7710 Greenwood Drive, stated that every time he has talked with Mr. Paster, the latter has said he would take care of things he said a check for damages was in the mail but Mr. Johnson has never received it. Paster is just stalling. Mr. Johnson doesn't see why we have to listen to any more lies. Chester Glisan, 7800 Long Lake Rd., stated that water will seek its own level. The ditch is not deep enough and the water backs up. The water table is high now and if we get any more rain we will have wet basements. We have to pay, we expect the same from you people. Co. Rd. I is not deep enough. Councilman Shelquist stated that the Comstock Davis report stated that the holding ponds were not adequately installed. He does not see what the requirements of Rice Creek Watershed were in terms of cubic feet or what actually was finally constructed. Eng. Bearden stated that he does not know the figures, but there was a change during the construction from a verticle concrete wall to sloping sides. In addition the original calculations that were used indicated roof storage as part of the holding, that was disallowed by the State building inspector. The ponds are not as large as they would have been if they had been constructed with verticle walls. Councilman Shelquist asked if all of that was carried out by Paster and Rice Creek Watershed without the city being involved. The administrator stated that he was contacted today and the engineer for Rice Creek Watershed examined the ponds Friday when they were empty. He estimates 50,000 cubic feet actual capacity. The District was promised 86,000 cubic feet, so the ponds are about 5/9 of the originally proposed size. Eng. Bearden stated that periaps this is the total of the two ponds rather than for each. Mr. Frisch said that was his understanding. He was satisfied at the time that it complied with the requirements. There are many conflicting reports, and he would like to get this coordinated. Warren Johnson stated that the water storage is inadequate, plus the roof was not designed according to plan. Mayor Johnson said that the roof was designed at first to store water, but after it was built the engineer had second thoughts about storing that much water on the roof. Mr. Johnson further stated that the city made them take all of the baffles off the back. He asked whether the District issued a revised permit. Howard Boever, coordinator of Mounds View Square Shopping Center, stated that he knew there was a problem with excessive amounts of weight on the roof, but how it occurred he doesn't know. May 24, 1976 Page 7 Councilman Baumgartner stated that there seems to be a question as to who made the decision. The state building inspector said that it was his professional opinion the roof would not hold the storage, but would not put that in writing. Councilman Shelquist stated that the design of the structure was not changed to accommodate both the water and the snow load so the state inspector turned it down. Was any action taken to redesign? Mr. Boever stated that there were a number of meetings. Mr. Frisch said that is the problem that he is pointing out. It is extremely difficult to pinpoint who instigated what changes. There are so many areas of conflict. He would like to be able to respond to this report but cannot do it this evening. Councilman Shelquist asked him if he was authorized by Paster to report for them and to respond. Mr. Frisch stated that is what he said two weeks ago and that is what he means tonight. Jerome Casey, 7750 Greenwood Drive, asked if he could get a copy of the report, was told yes, and then asked Mr. Frisch how long he has been retained by Paster Enterprises? Mr. Frisch replied for a number of years but in this matter about a month and a half. Mr. Case then asked him if he was aware last year that there were problems in Mounds View with regard to the water situation. Mr. Frisch stated "sure." Resident of 7745 Eastwood asked Mr. Frisch why he did not get the report since everyone else is prepared. The administrator stated that the report was not received by the city until Friday afternoon, and Mr. Frisch was notified by phone about 3 P.M. She then stated that he could have had it Friday and all weekend but he didn't bother to obtain a copy until just before this hearing started. The Mayor agreed. Mr. Frisch stated that he wants his own engineer to evaluate this. He couldn't get anyone to the city hall at 3:00 on Friday. He expects to act on it promptly, but he cannot respond to it this evening. Mayor Johnson stated that there have been a lot of comments made about seeking redress in the courts of law. Are you going to pay for any of this? Mr. Frisch stated it depends on what the costs are. Mayor Johnson noted that Mr. Frisch indicated he was going to have a court of law decide, so Council might as well act on it now. Mr. Frisch stated that is up to Council. I am suggesting that, if I can take this back, everything may be worked out. Mayor Johnson asked him what kind of commitment he would make tonight, and Mr. Frisch replied that he will be back to the city within a week with a response of what my clients will do. The developer will act within the confines of the law. May 24, 1976 Page 8 Gordon Ziebarth, 5150 Bona Rd., stated that if we wait a week, what priority will Mr. Frisch give this matter? Mr. Frisch replied that he personally has some commitments in court. His engineers can evaluate it. He doesn't want Don Paster here because there are personality conflicts, Ed Paster had a prior commitment for tonight. Mr. Boever stated that Mr. Frisch has been given complete authority to retain any people he needs. He is to advise Paster Enterprises on what his findings are. Mayor Johnson asked whether Mr. Frisch has the authority to make decisions on this matter? Mr. Casey asked if Paster Enterprises has an engineer. Mr. Frisch replied that Bertram Getzug is the Paster's consulting engineer. Mr. Ziebarth said he is still concerned about the priority Mr. Frisch will give this matter. Mr. Frisch stated that he has committed himself to the time. A week from tonight is a holiday so give me 10 days, gentlemen. Prank Veno, 7700 Long Lake Rd. If the developers don't pay for this improvement, who is going to pay for it? If I am assessed anymore I will leave. I have never had any problem with water before last year. Mr. Frisch stated that is the legal question. Perhaps it is the responsibility of the Highway Dept., City of Mounds View or Ramsey County. I will respond as to my client's position within 10 days. Mayor Johnson stated the City of Mounds View is made up of only the residents and the property owners so obviously one of them has to pay the tab. Councilman Baumgartner stated that no one has said that residents of the area are going to be assessed for it. If the Council determines that the whole assessment should be against Paster, that is theway it will go. Frank Veno asked what if he, as an individual citizen, said he wouldn't pay it how long could we put off the Council. Councilman Pickar replied that there is a due process which works regardless of who it is. Frank Veno then stated that if you have the money to fight it you can carry it out, but most citizens do not. Mr. Glisan stated that with regard to the storm sewer on Long Lake Rd., he doesn't intend to be assessed again. It was expen- sive when they got it and he cannot see a double assessment. Mayor Johnson explained to him that he does not have a storm sewer system on Greenwood Drive. What he has is a surface water drainage system, that was designed to handle iewatering for construction of sanitary sewers. Mr. Glisan said that it runs good never has been full even last year. Mr. Frisch said that he is not here to argue. He is here in the spirit of cooperation. He just cannot respond this evening. Everybody is getting mad. There has been enough stalls and delays, and I want to tell you yes or no or otherwise. May 24, 1976 Page 9 I don't want to leave having anyone think we are trying to avoid responsibility. Just cannot answer this question at this moment. Mr. Casey asked how the public will be advised of the developer's response. Mayor Johnson replied that it is in the official Council minutes. The hearing will be continued June 14, 1976, and citizens are welcome at the continued hearing. Mr. Casey asked if they cannot agree, will the Council go to bat for us or to court or what? Mayor Johnson replied that the steps to complete the project will have to be completed, all costs tallied. We will have an assessment hearing, at which time all property owners may be heard and then the assessment will go on the tax rolls. If a particular property owner does not like it be can sue the city. Mr. Casey asked that if the city doesn't like the Paster answer will they sue them? Atty Meyers replied we don't sue anyone. We have an assessment hearing. The assessed property owners would have to challenge the assessment in court. Mr. Caseythen asked if you don't like the response on June 14th, what is the Council's position? Mayor Johnson stated we had a writ of mandamus served upon the city to allow the developer to have a court reporter present at this hearing. We argued the question in court and prevailed. We are not about to lay down. There have been too many problems with that Center. Mr. Frisch stated that the problems will not continue much longer. Mayor Johnson wished he could believe that. Mr. Frisch stated that he will get an answer. Marilyn Eibs, 7790 Greenwood Drive, asked if anything would be done before June 14. Mayor Johnson replied, we will adjourn the hearing and take action to either continue this hearing or make a decision. Atty Meyers stated that the basic corrective action is done, and now we are just finishing up the job. Mr. Harold asked about the County Rd. I side. Eng. Bearden said that the County Highway Dept. installed a culvert. One of the items in agreement was that there was going to be a high capacity catch basin installed in the parking lot. No water should drain onto County Rd. I from the center except a small amount from the County Rd. I driveway access and the berms. Mayor Johnson asked Mr. Frisch if the pumps are running now. Mr. Frisch replied that there were. Mr. Boever nodded in agree- ment and stated that they have spent a considerable amount of money keeping the pumps operational. Sand has come off the driveway cuts and down into the catch basin and holding ponds. It has plugged the pumps a number of times. May 24, 1976 Page 10 Warren Johnson stated that most of the corrective work has been done. The basic question is who is going to pay for the work. If Paster Enterprises decide they don't want to pay for this then the City must assess Paster Enterprises' property. Atty Meyers said that we are assuming we are going to assess this property, but the owner has the right to appeal that. Mr. Johnson then stated that Paster will go to court and fight it out in court. Atty Meyers said that we have no legal right to assess any properties other than the Center. If it goes to court and the city loses, the project cost will go on the general taxes. The developer might agree with the project but still contest the assessments. The courts will make the final decision. Mayor Johnson stated that one of the interesting parts is that we have a petition from the Shopping Center which asks us to do the work in the ditch. Is that still a valid petition? Mr. Frisch stated that he cannot respond to that Atty Meyers said that question must be decided ultimately by a court. L:Ol1IlG ilauaTa m t asked what specifically is Paster looking Shelquist at? At the possibility of volunteering to complete the work. asking Council to complete this plan, or to deny responsibility? Mr. Frisch replied that these issues are all viable. He is considering all of them at this time. Until he confers with his clients,he cannot answer the question. He is only an agent of his client. He can only go so far. Councilman Shelquist asked the scope of that authority. Mr. Frisch stated that he can appeal on behalf of his client but cannot make the final decision. Mayor Johnson stated that I am wondering if you haven't already responded. He read the letter of May 12 to the Council in which Mr. Frisch indicated the developer would sue the city. Mr. Frisch replied that his position has not changed. This is a different matter than we were talking about before. The purpose of that letter was whether or not a court reporter was to be allowed and I do not intend to appeal this procedure. My client is not to be compelled to do anything that is not in my authority. I will digest this with my client and then I will respond. Mayor Johnson asked if he would have physically present a repre- sentative of his client on June 14. Mr. Frisch replied yes. Mayor Johnson asked if he would be prepared to respond at that point to the specific recommendations of the engineering firm of Comstock Davis. Mr. Frisch replied yes. Mayor Johnson asked him if he will be prepared to respond to alternative recom- mendations will he be prepared to state what financial obligations Paster Enterprises is willing to make on these various improvements? Mr. Frisch replied I think so. Mayor May 24, 1976 Page 11 Johnson asked will you be prepared to commit your client three weeks from tonight on what obligations you are willing to assume on this project? Mr. Frisch replied yes. Councilman Baumgartner asked if anything should be done between now and June 14 to resurface roads, etc. Atty Meyers recommended continuing the hearing until June 14. Councilman Shelquist asked that, if we were to have a normal rain, would Co. Rd. I flood because there is a dike in the northwest end of the ditch? Eng. Bearden stated that the ditch grade is about 135 feet below Co. Rd. I, so it can go 6 -8 feet without backing over Co. Rd. I. Michael Buck, 7768 Greenwood Drive, asked if he could obtain a copy of the engineer's report. Councilman Pickar told him he could sign out his copy if he wants to come over before he goes to work. Councilman Baumgartner stated he will leave his copy at the office tomorrow. The public hearing recessed at 10:05 p.m. until 8:30 p.m. June 14, 1976, at which time it will reconvene. Mayor Johnson then reconvened the regular Council meeting. The administrator said that he recommends setting the Halgren/ Dalberg hearing for 8:10 p.m. and the Planned Use for Revenue Sharing public hearing for 8:20 p.m. both on June 14, 1976. MSP (Johnson Baumgartner) to accept Administrator's recommendation. 4 ayes RECEIVE RECOMMENDED CITY SIGN SPECIFICATIONS FROM BICENTENNIAL COMMITTEE. Council recessed briefly and reconvened at 10:20 p.m. Mr. Ziebarth stated that he has looked at what the administrator has and there are still problems with the specifications for the city sign. They didn't come until today and there are many questions about the ballast in the lighting system, etc. His main concern is once we put out whatever it costs that it will still take a long time. He was fearful that they were completely inclusive and was disappointed in them. The administrator cautioned the Council about accepting them. Mayor Johnson stated that if we don't call for bids our July 17 date will never be met. The administrator questioned whether it would be met anyway? Mr. Ziebarth said that they were talking about 6 weeks, and with the 4th of July in there it will be tough. It is July 18, by the way. Councilman Baumgartner suggested backing off on the July 18 date until some specs can be received that everyone is comfortable with. MSP (Johnson Pickar) that we table receiving the specifications for the city sign until June 14. Mr. Ziebarth stated that after June 4 he will have more time. He will have communications with other companies and will proceed May 24, 1976 Page 12 in that way. The administrator stated that the electrical inspector should check as to what should be included in there. He further stated that he and Mr. Ziebarth will work something out. A vote on the motion was called for. 4 ayes Mayor Johnson asked Mr. Ziebarth to carry back to the Bicentennial Committee the Council's thanks for all the work they have done on this project. The Council then reverted back to discussion of the Community Development Block Grant expenditures. The administrator explained that the clerk- typist will be 3/4 time for 12 months. They will need a full -time clerk typist when the engineer starts and with the new housing code. Councilman Shelquist asked what became of the CETA program? The administrator replied that Title 1 and 2 have received some extension by executive order, but that Title 6 has not received congressional action yet. There has been no notification from the county so the June 30 cut off date is still in effect, but we should receive funding for one of the positions because of the extension of 1 2. Mr. Shelquist stated that he thought a year ago, when we added several people via CETA, we effectively expanded the staff without long term implication. Now that we know this block grant is a $25.000 maximum, he wants to insure that the Council knows what they are doing relative to permanent staff. The administrator stated that is one of the reasons he did want to hire a college student who would have a natural termination. Mr. Shelquist asked, what happens if we let him go relative to unemployment compensation? The administrator replied that anyone we employ, even if we hire them with their full knowledge that the program ends, is eligible for unemployment compensation. Councilman Baumgartner asked Councilman Shelquist if he was indicating that we got in trouble when we hired a CETA person in the Recreational Dept.? Councilman Shelquist replied that it did not mean we were adding permanent staff, but it has turned into permanent staff. Councilman Pickar stated that he thought it was a temporary additional funding also. The administrator stated that he highly recommends that the Council make some commitment now before we hire an engineer. He further stated that we have 4 personnel in that situation now and a 5th that you are only going to be paying half a year we can hire someone for a long or short range commitment but we should let the people involved know. He does not want to misinform those people any longer the four people who are now under the CETA program. May 24, 1976 Page 13 Mayor Johnson asked if Mr. Shelquist was suggesting that the accounting position be abolished at the time CETA funding runs out? Councilman Shelquist replied, no, but he is looking toward next year's budget and he wants to be more prepared for total staffing costs than he was this past year. Mayor Johnson asked him if he 'was suggesting at we don't hire these people under the Community Block grants? Councilman Shelquist replied, no, his question is to the permanence of the additional clerk typist. Mayor Johnson stated that we are talking about adding an engineer who is going to have to have support, and hiring another building inspector that needs supports. Address yourself to those two positions first, then we will determine what we are going to do with the clerk- typist. Are you in favor of hiring a building inspector if he understands that his position is going to be abolished at the end of the funding? Mr. Shelquist said, no, maybe it would be better to expend the funds elsewhere by using existing building inspection staff. Mayor Johnson asked how he can satisfy himself that we do or don't need those positions? Adminstrator Achen explained the paper load is phenomenal. Even the routine matters need paper work. Council has asked for more sophisticated services but are concerned about the expense. (Johnson Baumgartner) that we authorize the administrator to begin selection of a clerk typist for $3- 3.15 /hr. and a housing inspector intern at $3.50 /hr. for the 1975 Community Development Block Grant program and that the expenditures be approved and allocated as follows: $14,270 for personal services, $6,600 for operations and maintenance, and $4,130 for capital. Mayor Johnson told Councilman Shelquist that he had pointed up a very valid question. There has been a great increase, but there also has been a great increase in terms of the services we are now providing. If you would take the time and try to come up here and quantify the activity, I think you would be comfortable. Councilman Pickar stated that he had previously only meant to indicate that we didn't hire the CETA people with an automatic continuation in mind. The administrator stated that if that is the Council's position he would like to know that. I told them there was the intention of making them permanent positions, so I feel that they should be notified of this. Mayor Johnson stated that hiring and termi- nation lies with the Council and so he would say that the Council has no intention of termination, no one has suggested that these positions be eliminated and he felt that the administrator would be in error to say that to them. He strongly suggested that no communication to that effect be directed to these employees. The administrator stated that if he misinterpreted, he does not want to perpetuate that. May 24, 1976 Page 14 Councilman Baumgartner stated that he got the impression that if funds are available, use up the funds. Mayor Johnson stated that we needed an accountant it turned out we could get someone through CETA so no one was misled on that. Who was it that you were misled on? Councilman Baumgartner stated no one, he is in agreement with the administrator. We needed the personnel and we could absorb the cost. Councilman Shelquist stated that he could understand the accountant. But he does not feel that way regarding the Recreational supervisor and secretary. He thought the CETA funds were there and the positions were then created. He then amended the original motion: that it be made clear that both of these positions are for the duration of the Community Block grant. Mayor Johnson seconded the amendment and stated that he felt it important to give the administrator an opportunity to be able to say that it will be re- evaluated and perhaps put in another position. Councilman Shelquist stated that they will be, in effect, given 9 months notice, but declined to include it in the amendment. Mayor Johnson withdrew his second. Councilman Baumgartner then amended the motion to read: that it be made clear that both of these positions are for the duration of the Community Block grant but at the end of the program the requirements for these two positions will be re- evaluated. The original motion, as amended, was then voted upon. 4 ayes RESOLUTION ESTABLISHING CONSENT AGENDA FOR COUNCIL ACTION ON MISCELLANEOUS, NON- CONTROVERSIAL BUSINESS ITEMS. Admin. Achen explained that this is a resolution establishing a mechanical method whereby certain items can be taken care of within one motion. MSP (Johnson Pickar) that we approve Resolution #735 to establish consent agenda for Council action on miscellaneous, non- contro- versial business items. 4 ayes NAOMI EASTMAN does not want to go through with her subdivision and has asked for a refund of her subdivision and park fund dedication fees. 4 ayes MSP (Johnson Baumgartner) that we approve the issuance of $40 to Naomi Eastman as a refund for her park dedication fee only. 4 ayes May 24, 1976 Page 15 The administrator stated that they need an interim replacement in the inspection staff as the existing official is unable to continue to work. They have a tremendous back -log right now. MSP (Shelquist Pickar) that we authorize the administrator to hire part -time help at a cost not to exceed,$5/hr. to supplement the building inspection department in the event one of the building inspectors is unable to continue with his work. 4 ayes MSP (Baumgartner Pickar) that we authorize the 5 positions under the 1976 Summer Youth program which provides full salaries for 3 recreational aides, 1 clerical aide, and 1 administrative intern. 4 ayes COUNCILMAN BAUMGARTNER'S REPORT. A reminder to everyone that this Thursday at 6:30 p.m. the special park meeting will be held. It will be publicized and general in nature. COUNCILMAN PICKAR'S REPORT. MSP (Pickar- Baumgartner) to approve two new members of the Lakeside Park Commission: Bruce Madsen and Duane Betker, for terms to expire December 31, 1977. COUNCILMAN SHELQUIST'S REPORT. He asked if there are any pending problems with water and the administrator replied that there were none that he was aware of. The city should probably encourage people to maintain a schedule for sprinkling and this could be publicized in the newsletter. He does not want to alarm people but this would probably be in the best interest of conserving that resource. Mayor Johnson stated that it would be good to note in the New Brighton Bulletin that people not waste water. But we are not at any point where we would have to even consider a sprinkling ban. Further, the Mayor stated that he has noticed several poles that are cluttered with garage sale signs. New Brighton just put in an ordinance to restrict garage sales, and we haven't; but at least the people should take their signs down. ATTORNEY MEYER'S REPORT. He is meeting tomorrow with an appraisor who will appraise this building for purposes of the potential claim, and review two parcels of land that we acquired during 73 -4, and look at property regarding appeal by Mounds View Square. After that he will have the architect and the ground water engineer review whether we have a claim or not regarding the city hall. ENGINEER BEARDEN had no report. MSP (Shelquist- Baumgartner) to adjourn at 11:55 p.m. Respectfully submitted, etivaCtestbvt Mark Achen Clerk- Administrator 4 ayes