Loading...
HomeMy WebLinkAboutMinutes - 1976/07/26PROCEEDINGS 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 Acting Mayor Hodges on July 26, 1976, at 8:00 p.m. at Mounds View City Hall, 2401 Highway 10, Mounds View, MN 55112. Present: Acting Mayor Hodges Councilman Baumgartner Councilman Pickar Councilman Shelquist Also present: Clerk Admin. Achen Attorney Meyers Engineer Hubbard MSP (Baumgartner Shelquist) to approve the minutes of July 12, 1976, regular meeting. CITIZEN COMMENTS REQUESTS: Bonnie Carlson, 2646 Clearview Ave., president of the Mounds View League of Women Voters, requested that the City pay the cost of a publication /news- letter informing citizens of the various upcoming election issues and candidates. Right now the Mounds View citizens must rely on the New Brighton Bulletin and individual flyers for this information. The League would prepare a questionnaire for the candidates to complete and then assemble and prepare the information for publication and assist in the mailing. The bill for printing and mailing would be about $575.00. Atty. Meyers stated that this expenditure would be for a valid public purpose, although he hadn't actually researched it. Bonnie Carlson had contacted the State League officials and they thought the publication was a good way to inform citizens. The publication would be strictly for informational purposes and would be totally unbiased. Councilman Pickar asked if the questionnaire would be screened for accuracy? Ms. Carlson stated the League would review the individual questionnaires and limit the length of the answers and review for grammatical accuracy, but the published statements will be what the candidates answer. Acting Mayor Hodges advised putting this item on the agenda for the August 2 Council agenda session. Acting Mayor Hodges asked the Administrator how many persons had applied for the Council vacancy? Admin. Achen listed the following five applicants: L. "Jerry" Blanchard, 8005 Groveland Rd.; Bruce Madsen, 5463 Adams St.; LuVerne E. Peterson, 2427 Clearview Ave.; John Pickar, 2299 Knoll Dr.; and Judy Rowley, 2562 Ridge Lane. The Admin. was instructed to sot up interviews with the candidates for Thursday, July 29, 1976,beginning at 7:00 p.m. 4 ayes July 26, 1976 Page 2 CONSENT AGENDA: Councilman Baumgartner requested that Item "K" involving the Lion Club's request for reimbursement of $45 be removed from the consent agenda. He stated his objection to the work being done first and the bill presented to the City later. MSP (Shelquist- Hodges) to approve the following Consent Agenda items with Item "K" removed: ITEM A. Approve assignment of $250,000.00 Federal Home Loan Banks due 8 -25 -76 and $200,000.00 Federal Home Loan Banks due 8 -25 -76 in lieu of a bond by the First State Bank of New Brighton acting as the City of Mounds View public depository. These securities replace the existing securities which total only $300,000.00. The increase 1n this deposit is required, because we have been keeping more city funds in the Bank under our savings account there. ITEM B. Adopt Resolution Nos. 744 -746 reapportioning assessments for the following subdivisions respectively: Arlue Smith 8461 Groveland Rd.; Arthur J. Spagenski, Spagenski's Addition; and Marvin Schluter L.Brogger Pleasant View Estates. ITEM C. Set public hearing on Lida and Hummel's 1st Addition preliminary plat for 8:10 p.m. Monday, August 9, 1976. ITEM D. Set public hearing on a mendment of custafson's 1st Addition recorded plat for 8:20 p.m. Monday, August 9, 1976. ITEM E. Approve July 26, 1976, bills. ITEM F. Approve the following licenses: General Contractors NEW Tkaczik, Richard Construction Inc. 12315 Gladiola Coon Rapids, MN 55433 Duevel, Hank Construction 9307 5th St. N.E. Blaine, MN 55434 General Contractors RENEWAL Robertson, J.C. Construction, Inc. 1844 134th Ave. N.E. Anoka, MN 55303 Sewer Water NEW Marty Bros. 9436 Quaker Lane Osseo, MN 55369 Hank's Excavating 601 Pearson Parkway Brooklyn Park, MN 55444 Asphalt Paving RENEWAL Fairfax Asphalt Inc. 6699 Ashton Ave. N.E. Minneapolis, MN 55432 Miles Garages 4500 Lyndale Ave. N. Minneapolis, MN 55412 Aladdin Pools, Inc. 4738 42nd Ave. N. Minneapolis, MN 55422 D. W. Construction, Inc. 8804 Lexington Ave. New Brighton, MN 55112 Htg. Air Cond. RENEWAL St. Marie Sheet Metal Inc. 7940 Spring Lake Rd. Minneapolis, MN 55432 Northeast Sheet Metal 4347 Central Ave. N.E. Minneapolis, MN 55421 4 ayes July 26, 1976 Page 3 ITEM G. Appoint Lauren K. Maker Housing Inspection Aid effective July 27, 1976, at $3.50 per hour to be funded by Community Development Block Grant funds. ITEM H. Appoint Kathy Harvey Clerk- Typist effective August 9, 1976, at $3.15 per hour to be funded 75% by Community Develop- ment Block Grant funds and 25% by the General Fund through December 31, 1976. ITEM I. Adopt Resolution No. 747 of agreement to participate in the Minnesota Highway Safety Program project for correcting regulatory and warning sign deficiencies. This agreement entitles the city to 90% state funding of the corrective work. The public works director has estimated this work to cost $8,918 (including $1,400 of maintenance staff time). The city's share will be 10 However, because our staff time is eligible for reimbursement, there will be no cost to the city other than the diversion of staff time. ITEM J. Receive financial statements of 1975 city finances prepared by the independent audit firm of George M. Hansen Co. ITEM L. Approve, as recommended by the Planning Commission (7/14/76 minutes), minor subdivision request of Velda Fogard to create two lots from the existing property located at 8311 Spring Lake Rd. West lot will be 218.10 feet deep and east lot 210.10 feet deep. Five foot utility easements will be provided on the back lot line of each lot. ITEM M. Authorize execution of an amended agreement with the First National Bank of St. Paul relating to their service as the paying agent for the city's 1976 $1,045,000 Refunding Bonds. The original agreement mistakenly included requirement that the city remit paying agent fees on these Refunding Bonds. The amended agreement stipulates that these fees have been paid in full as part of the refunding agreement with Ehlers Associates. Acting Mayor Hodges then called to order the public hearing on Dalberg's Sunnyside Estates preliminary plat. Admin. Achen stated the Planning Commission recommended approval of the plat with the stipulation that the existing concrete slab be removed from Lot 3. This hearing had been postponed from an earlier date because of problems submitting this formal prelimi- nary plat. Mike White, representative of the Dalberg's and Halgren's, stated the slab would be removed prior to approval of the final plat. MSP (Baumgartner- Pickar) to close the public hearing. MS (Shelquist- Baumgartner) to approve the preliminary plat of Dalberg's Sunnyside Estates as recommended by the Planning Commission and subject to the condition that the existing concrete slab be removed prior to the final plat being approved. MSP (Shelquist- Baumgartner) to amend the motion to indicate the plat as being dated June 14, 1976. 4 ayes Vote on the main motion as amended. 4 ayes July 26, 1976 Page 4 Referring back to the Lion's request for a $45 reimbursement for the cost of a chipper to haul away diseased trees, Council- man Baumgartner stated that refunding this money would be setting a bad precedent. He commended the Lion's for their actions in removing the 5 trees of the senior citizen and the 4 trees on the boulevard; but the point remains that the expense was incurred without prior Council approval and now they present the bill for payment. Councilman Pickar agreed that Councilman Baumgartner had a good point about expending public funds without approval. Councilman Shelquist stated that the Lion's had, in fact, saved the City about $150. Jack Shields, City tree inspector, had estimated removal of the four trees on the boulevard at $200; the Lions did the work and are only charging us $45 for the cost of the chipper. Atty. Meyers said if Council can determine that this expenditure is for a valid public purpose, namely removal of four trees on the boulevard, it is a legal expenditure. Make it clear in the motion that you are not setting a precedent. Council must determine if this is a valid public expenditure. Councilman Pickar suggested that the Lions present a bill to the City stating what the $45 is for. MSP (Pickar- Shelquist) to authorize expenditure of $45.00 for reimbursement to the Mounds View Lions Club for removal of four city trees at 7890 Greenwood Drive with the stipulation that the Lions submit a statement or bill showing that the fee is for the removal of the four trees on city property. Roll call vote: Councilman Pickar aye Councilman Shelquist aye Councilman Baumgartner nay Acting Mayor Hodges aye Motion carried. IMPROVEMENT PROJECT 1975 -4A. Eng. Hubbard stated the City had received three bids for the Mounds View Square Shopping Center drainage. Low bidder was Central Landscaping, Inc. for the amount of $11,654.50, compared to the engineer's estimate of $13,200. He recommended awarding the bid to Central Landscaping. Admin. Achen asked for a recommendation on the type of pipe to be used in the project. Eng. Hubbard stated corrugated pipe would be adequate, but for bid purposes, it made no difference as the price would be the same for either corrugated or reinforced concrete piping. Councilman Baumgartner asked what portion this project covers? Eng. Hubbard stated piping will run from Long Lake Rd. to the first entrance of the shopping center. Councilman Shelquist asked the Eng. if he had any knowledge of Central Landscaping? Eng. Hubbard replied that Comstock Davis had checked them out and recommended the firm. Central Land- scaping is a landscaping firm, the Engineer didn't know who the subcontractor would be. July 26, 1976 Page 5 Councilman Baumgartner questioned the starting date for the project. Eng. Hubbard indicated the contractor would be given 10 days to execute an agreement and after that 30 days to complete the project. Eng. Hubbard also stated that this project will be assessed against the property owner. Atty. Meyers stated it will be assessed under Chapter 429 subject to the rights of appeal and contest. MS (Hodges Shelquist) to accept the lowest bid of Central Landscaping, Inc. in the amount of $11,654.50. Councilman Pickar suggested adding the type of pipe to be used. Councilman Shelquist stated the State's recommendation had been reinforced concrete. MSP (Shelquist- Hodges) to amend the motion to stipulate that reinforced concrete piping be used. 3 ayes 1 nay Councilman Baumgartner asked the engineer what his recommenda- tion is on the type of pipe. Eng. Hubbard stated he understood the theory behind bidding was the concern that the sand be kept from building up. No matter which pipe you put in, you are going to have the problem. There is no difference in price for either pipe. Councilman Shelquist stated the concrete is a more permanent structure. This is the City's opportunity to provide something more permanent and it isn't going to cost us one cent to do it. Vote on the main motion as amended. 4 ayes IMPROVEMENT PROJECT 1976 -1. Eng. Hubbard stated two bids were received for the sealcoating project. Low bid was Allied Black- top for $43,915.20. Bituminous Roadways submitted a bid for $48,021.30. Engineer's estimate was $39,625. 1976 estimated budgeted amount was $29,500. Based on this, Eng. Hubbard recommended rejecting all bids and combine this year's and next year's program. In the meantime, City forces can do some of the repair work and some may be done on force account. Combining the two years' program would make it possible to put out bids earlier in the year, thus picking up more and possibly better bids with the pricing being on more units. Administrator Achen reinforced the Engineer's recommendation and explained that Eng. Hubbard having been recently hired by the City was not involved in the original planning of this bid. Admin. Achen also stated that we should develop a sealcoating program that is practical. City adopted this program on assump- tion of $30- 35,000, now we are talking about $40,000 in second year of project. The program should be reevaluated to determine if it wouldn't be better to stretch the work over seven years and make it more financially sound. Even at the $30,000 level, City is operating $10,000 in the hole. Admin. Achen again recommended rejecting all bids until next year, giving our new Engineer time to reevaluate the sealcoating program and try to reduce costs. July 26, 1976 Page 6 Councilman Pickar questioned whether rejecting all bids would have an adverse impact on the City? Admin. Achen stated that risk is always there and the bidder's impression of our reason for rejecting bids. Eng. Hubbard indicated the low bidder is aware that this is over the budget for this year, so he thought the bidder would understand our rejecting the bid. Admin. Achen stated letters will be going out to bidders explain- ing the rejection. Eng. Hubbard explained the cost of the repair work was what was out of line. Had the bid strictly been for sealcoating, the bid would have been lower. Councilman Baumgartner questioned whether the maintenance supervisor would be able to provide the manpower for the repair work and not let other responsibilities fall back? Admin. Achen stated the maintenance supervisor was brought in on the staff's discussion of inhouse repair work and is aware of this additional work. Councilman Baumgartner wondered if it is wise to patch and not sealcoat right away? Eng. Hubbard stated new surfacing can wait up to five years before sealcoating. MSP Pickar- Baumgartner) that under the advice of the City Engineer that all bids be rejected and bidders involved shall be n ^FifiPA of reasons thereof, as discussed here tonight. 4 ayes Admin. Achen stated that the Rosenquist Addition preliminary plat was on the last Council agenda and Council requested that the plat be redrawn to include the Bonin property to the southwest and negotiate an agreement for handling assessments for Project 1973 -4 on Outlot B. Atty. Meyers stated he had researched this item. Outlot B is 80' frontage with 60 -70' depth, which is an unbuildable lot. This parcel would carry close to $4,000 of assessments. The danger facing Council now is that by approving the plat with no agreement with the property owners concerning the assessments, Outlot B may go back to taxes and assessments will not be paid. Atty. Meyers listed alternatives for handling this situation. First, the Senior Citizen Deferment the drawback to doing this is the City would have to establish standards and guidelines for determining hardship which would be applicable to all types of property in the City. Second, Chapter 429.071 allows that when land is divided, Council may on its own motion apportion assessments. Council could remove all assessments from Outlot B and reapportion them to all existing buildable lots. However, this is subject to appeal. Another alternative is a private agreement for deferring assessments over so many years, an agreement to be filed with the land. If the ownersdon't work out agreement with adjacent land owners for creating a buildable lot, after the 2 yr. or whatever period of time, the land still goes back to taxes. Or the Council may choose to not approve the plat until the owners work out an agreement with adjacent property owners. The City has pledged proceeds from these assess- ments to pay off the bond. July 26, 1976 Page 7 Ken Sjodin, representing the Rosenquists, stated that the first approach is definitely out, the second would not be fair to present owners because they'd be penalized for owning land. He requested the third approach of deferment and also suspending the interest. Mr. Sjodin added that the problem for the owners was created by the City putting in the new street. Atty. Meyers said Council could approve the plat and owners would stop paying taxes on Outlot B. Or, Council can work out deferment agreement which can be filed with the property which, again, may not get paid. Interest could be deferred, also. Ken Sjodin stated that it is unfair to charge interest on property that is unusable and was made unusable by the City. Robert Glazer, 2625 Hillview Rd., asked the courts decision on improvements where the owner is not benefitted. Atty. Meyers replied that this is a valid assessment, appeal time has lapsed. Reapportioning the assessments to the buildable lots would open the door to appeal, which should be avoided. Atty. asked if Council wanted a guarantee with the owner, if Council wanted to waive interest, make the deferment four or five years. Could get a promissory note that the owners will pay off the assessment in five years interest -free. Admin. Achen asked if, after the five -year period, Council could renegotiate that? Atty. indicated yes. Admin. pointed out that property owners on a fixed income would want to know what would happen in five years if nothing could be worked out with adjacent land owners; they'd have to depend on the good will of the Council at that time to renegotiate. Atty. Meyers suggested a personal obligation; consideration being approval of the plat. Mr. Sjodin stated times have changed and it is rare to find land for back taxes; he didn't think Council would have to worry about that. Atty. Meyers stated that if Council agrees with that, then simply go ahead and approve the plat. As far as waiving interest, Mr. Sjodin indicated that if it takes four years to work out an agreement with adjacent property owners, interest would wipe out any profit the owners would make at that time. Originally, this land was the Rosenquist's and valuable land; now it is a detriment to them. Councilman Pickar stated that Mr. Sjodin has a valid point inasmuch as the City created this situation. Councilman Pickar stated being in favor of working out a solution of deferring interest for a period until such time that agreement can be made between the land owners or sale of the property involved. The City has an obligation to work out something for them. July 26, 1976 Page 8 Councilman Shelquist preferred not to create a substandard lot, simply because in the future someone may put a house on it and the City will not be able to stop it; it's the type of thing enforced in court as a variance. However, the people do have a problem and Councilman Shelquist favored working out an agreement stipulating the number of years, deferment of assessment and forgiving the interest. Councilman Baumgartner and Hodges agreed. Atty. Meyers suggested approving preliminary plat and working out agreement that: no building permits be issued on Outlot B and defer the assessments for whatever number of years 6 years before it goes back to taxes. Mr. Sjodin thought Rosenquists would agree because there's no other solution, as long as there is no personal obligation. Admin. Achen indicated something could be prepared within 3 weeks and Mr. Sjodin could plan on presenting the hardshell for the last meeting in August. MSP Shelquist- Pickar) to approve preliminary plat for the Rosenquist Addition dated June, 1976, as received by City of Mounds View on July 20, 1976, final approval being subject to a satisfactory agreement being drawn up relative to the deferment of the assessment on Outlot B and further that the administrator and attorney be instructed to draw up such agree- ment and negotiate its signing. 4 ayes Acting Mayor Hodges then asked for staff recommendations on the Compassion Christian Center, Inc. special use agreement. Admin. Achen stated staff had met with representatives of the Center and reviewed the problems enumerated at the public hearing. The Center had discussed among its own members future use of that site, whether it might alter its activities and change the use of the building. From these discussions, the Center requests and staff recommends that Article IV of the Special Use Agreement be amended to limit use to not more than 150 elementary /secondary students at any one time; at the time the enrollment exceeds 100, applicant shall discontinue use for its bible school. The reasoning being that a lot of problems enumerated at the public hearing were not so much from elementary/ secondary school but from the bible school which involves more traffic. To solve the problems of noise, participants of the school /church physically going on adjacent properties, and dust, staff recommends erection of a six foot high redwood screening fence along the east property line; this fence would be so constructed to completely screen the view from one side of the fence to the other side. Agreement with the Center was for completion of the fence by September 13, 1976. Because the Center is uncertain as to future use of school, they question best use of parking lot. If bible school is to be removed, might be better to make the parking lot into recreational facility. Admin. Achen indicated the Center agreed to pave the existing lot with bituminous surface no later than September 1, 1977. July 26, 1976 Page 9 Councilman Baumgartner asked the Compassion Christian Center representative, Pastor John Matthews, what the use of the garage back in the corner was? Pastor Matthews replied for storage. Councilman Baumgartner wanted to know if it could be used for garbage. The Center representative replied they have no garbage. Councilman Baumgartner questioned the cans on the east line and noted that they get moved around alot. It was indicated that these cans do not belong to the Center. Concerning the parking lot, Councilman Baumgartner asked that the agreement include that applicant agrees to develop parking lot according to Chapter 40.05 para. 2. Center had no objection. Admin. Achen and Councilman Shelquist indicated that stating hccording to Chapter 40.05" is less restrictive because the Chapter requires only "dust free" surfacing. Atty. recommended indicating bituminous surfacing and all other conditions of Chapter 40.05 para. 2. Robert Glazer, 2625 Hillview Rd., indicated that he understood this was not a closed issue and still open to debate. No one can argue that this is not inconsistent with the Comprehensive Plan. Council must consider the impact the Center has on the neighbors. Councilman Hodges stated that putting up the fence and blacktopping is trying to soothe the problem. Mr. Glazer responded that these added conditions are merely creating symptoms for expanded usage. This building started out as a church, now it is a parochial school. Leonard Truskowski, 7930 Sunnyside Rd., asked how much the Comprehensive Plan had cost and Councilman Shelquist indicated $17,000. Mr. Truskowski stated his opinion as an adjoining property owner of the Center to be that the present use of the property is entirely inconsistent with the Comprehensive Plan. He wanted to know how Council can continually change this plan at taxpayer's expense. Mr. Truskowski stated that he had understood from the public hearing that the limit for the Center would be 15 or nothing and now Council is talking about double. Councilman Shelquist stated that he had understood the agree- ment as the Council was polled last time to be to increase enrollment to 100. Admin. Achen explained that because the bible school involves so much traffic, the bible school would be moved at 100 and after discontinuation of the bible school, enrollment of the elementary /secondary school could go to 150. This is only staff recommendation. MS (Baumgartner Shelquist) to limit the enrollment of the elementary /secondary students at any one time to 75 as stated in the existing special use permit. July 26, 1976 Page 10 Councilman Baumgartner stated that he would not want to deny youngsters of education the Center can provide; but Council has commitments to the property owners around the building. The Center is on special use now and it is out of the question to double the use. Councilman Pickar stated that Council approved in concept raising the limit to 100, so he is in favor of going to the 100 originally set up rather than moving it back to the limit of 75. Acting Mayor Hodges agreed. Councilman Baumgartner indicated that the previous vote was 4 to 1 to have staff investigate the possibilities of going to 100; there was no indication Council would go to 100. Councilman Shelquist preferred to see the bible school stay and the school be removed. He stated that that piece of property is not large enough nor is it currently structured in such a way that it lends itself to use as a school. It creates safety hazards for the children there. Except for the bituminous surfacing, nothing contained in Articles 6 and 10 of the special use permit is any different than what is required of all residents of Mounds View in Chapter 40. Therefore, there is nothing to negotiate. It is a matter of enforcing the laws of Mounds View. Councilman Shelquist also stated that an adults recreation may consist of going outside to have a cigarette, compared to children running and playing and walking 6 blocks to the park for recreation. Pastor Johns Matthews of the Center expressed the Center's intent of providing good schooling, good examples and good counseling to persons in Mounds View and surrounding communities. He stated that if there is no place for considering the "good" of the school in the decision, Mounds View is in a sad state. Roll call vote on the motion: Councilman Pickar nay Councilman Shelquist aye Councilman Baumgartner aye Councilman Hodges nay Motion failed. MS (Hodges Pickar) to increase the enrollment to 150 with the stipulation that the staff recommendations for fence, parking lot and bible school be enforced; new Article X to be complied with by September 13, 1976 and Article VI complied with by September 1, 1977; and adding to revised Article VI after "bituminous surfacing" "and to meet the requirements of Chapter 40.05 para. 2 no later than September 1, 1977 Councilman Pickar stated that since we learned that there was a school operating at the Center, the Center has cooperated extensively in trying to meet all the demands of the Council. Had the Center not brought this to our attention, we would have a hard time knowing whether they had 120 or 75 students. July 26, 1976 Page 11 Councilman Baumgartner stated they had to bring the building up to fire code or they couldn't have a school MSP(Shelquist- Hodges) to amend the motion to reduce enrollment to 100 as was the intent of Council a month ago at the public hearing. Councilman Baumgartner again stated that the 100 limit was not agreed to, it was to be studied. Roll call vote: Councilman Pickar aye Councilman Shelquist aye Councilman Baumgartner nay Acting Mayor Hodges aye Roll call vote on main motion as amended: Councilman Pickar aye Councilman Shelquist nay Councilman Baumgartner nay Acting Mayor Hodges aye Special Use Permit remains as is. Pastor Matthews questioned purchasing a vacant lot next door. Atty. Meyers stated the Center is a non conforming use and under the law, you can't expand a non conforming use. Rezoning would be the next step, and the Atty. doubted it would do them any good. Richard Gunn of Upper Midwest Promotions, Inc. appeared before the Council to request a resolution from them for a boxing match to be held August 4, 1976, at the Bel Rae Ballroom. Atty. Meyers stated that MN Statutes requires the promoter to be licensed with the State and have a consenting resolution from the individual city. Attorney General opinion indicates that if City wanted to license boxing matches, it could be done and perhaps charge a fee. Councilman Baumgartner asked about serving alcohol during the match? Mr. Gunn stated that the Boxing Commission prohibits it being served in glasses, only paper cups. Councilman Baumgartner stated he didn't like the procedures, setting up the bout and then coming to the Council and asking consent. He suggested granting this one bout and in the mean- time draft an ordinance regulating this activity. Councilman Baumgartner also asked if the Bel Rae would have extra police on duty? Mr. Gunn explained that there would be two Mounds View policemen on duty and 6 or 9 security guards= Councilman Picker stated he had talked earlier in the day to the Mounds View Police Chief and the Chief had indicated he would like to see the match come and give it a try. Amendment carried. Motion failed. Admin. Achen stated that the Police Dept. had done considerable background check on all persons involved and found no problems with the organization itself or the persons involved with it. July 26, 1976 Page 12 Admin. had also talked to the Minneapolis Police Dept. and they indicated no problems. Staff's basic recommendation is that if Council is inclined to allow it, that Council should consider limiting the activity the first time to one initial contest to find out if it would be successful and after that event, develop more specific regulations. Chief Grabowski had recom- mended two law enforcement officers be present and limit the hours to midnight and that the applicant provide evidence of State licensing. Mr. Gunn stated they have held bouts in Golden Valley and there they didn't need consent of Council; Falcon Heights and didn't need Council approval. He indicated Upper Midwest Promotions is new and have only promoted three fIhts. Mr. Gunn indicated that the main event has to start before 10:00 p.m., so normal closing hours are before 11:00 p.m. Mr. Gunn also stated that the promoter pays the police officers. Admin. Achen pointed out that as we have more and more of these type of events necessi the presence of police officers, City officers are spending more and more time on off -duty hours, possibly affecting their performance on -duty. Eventually, the demand for these type of events becomes so great that the officers would rather work solely for these events. Admin. indicated he would like to Aicrnurage specifying Mounds View policemen must be is attendance. Acting Mayor Hodges suggested adding a patrolman, and Admin. indicated that perhaps in the future it would be possible. Councilman Shelquist stated he was opposed to having even one trial match because he feels Mounds View doesn't have the proper facilities; however, if it's possible that boxing matches will be allowed we must begin drawing up regulations governing it. Atty Meyers indicated the resolution authorizing the boxing matches to be held at the Bel Rae Ballroom on August 4, 1976, should specify the following conditions: premises to be closed at midnight, promoter to furnish City copy of State license, set- ups and beer to be dispensed in paper cups only, two sworn uniformed police officers approved by Mounds View Police Chief to be in attendance, and six other security /crowd control personnel also to be approved by Mounds View Police Chief to be in attendance, officers and security personnel to be reimbursed by promoter, city to be reimbursed $300 for administrative overhead to process original application. All of these restrictions to be included as Resolution No. 748. MSP (Baumgartner Pickar) to approve Resolution No. 748. Council recessed for five minutes. 3 ayes 1 nay July 26, 1976 Page 13 Animal Pound Contract with Brighton Veterinary Clinic. Atty. Meyers stated that in paragraph 14 where the contract states the poundkeeper shall hold the City harmless from add "improper disposition Council held over this item until the next meeting. The "Diseased Trees" ordinance was held over from the last meeting for purposes of clarifying the "5 day" requirement for removing trees. Explanation was given that 5 days was the minimum time for removal of trees. MSP (Baumgartner- Hodges) to approve Ordinance No. 251 amending Chapter 92 of the Municipal Code concerning "Diseased Trees 4 ayes Admin. Achen explained that the proposed Resolution No. 749 and Ordinance No. 251 are to incorporate a reduced fence permit fee and to extend the expiration period of permits to 120 days. Atty. Meyers explained the City began charging the high permit fee for a fence ($21 minimum) when the City was spending time determining boundaries. The inspection department will only be concerned about structural quality of fence and meeting zoning requirements. Being sure the fence is on the owner's property is entirely up to the owner with adoption of this ordinance and resolution. The fence permit fee will be a flat $10 fee. The amendment on days for expiration of permits and completion of work (120 days) brings the City into conformity with other cities and allows the City to purchase the standard permit form which states these time limits. Admin. Achen that this ordinance also establishes a plan check fee for single family residential permits in the amount of 20% of the amount of the permit fee. Admin. explained that staff is spending more time in plan checks basically because of the new energy regulations and our increased attention to zoning matters. Steve Rose of the Inspection Dept. figures he spent four hours with Chief Fagerstrom alone on the fire conditions for Perkins. MSP (Hodges Pickar) to adopt Ordinance No. 252 amending Chapter 59 of the Municipal Code regarding permit fees. 4 ayes Councilman Baumgartner questioned what a resident has to do to get a permit for a fence? Admin. Achen replied pay $10 and present plans showing location, overall construction, heights,and lot lines as point of reference although the City will not be actually concerned with the lot line placement. Atty Meyers stated that in this way if neighbors complain about placement of fence, it is a civil matter and the City will not be involved. Councilman Pickar stated that actually the City has been getting itself involved where it had no business as far as fences were concerned. MSP (Baumgartner Shelquist) to adopt Resolution No. 649 revising permit fees. 4 ayes July 26, 1976 Page 14 Admin. Achen explained Resolution No. 750 requesting Metropolitan Council HRA to apply for Rehabilitation Grant Funds for imple- mentation within the City of Mounds View. He stated this resolu- tion is to request participation in the program; the City will know at a later date what the City's responsibilities in terms of monies will be. This is to encourage and facilitate the rehabilitation of homes through grants, loans, etc. basically to meet the minimum Code standards, not luxury items. MSP (Hodges Pickar) to adopt Resolution No. 750. 4 ayes ADMINISTRATOR'S REPORT Admin. Achen indicated that the City expects to receive HUD authorization to commence Community Development Block Grant housing inspection program on July 27th. He also stated the the Mounds View School District will be dedicating the lighted A11- District Athletic Field at Irondale, September 17, at the Irondale vs. Mounds View football game. The District would like the Councilmen to attend and will be sending letters at a later date. Also, the 1975 financial statement will be reviewed at Council's next agenda session. Admin. Achen stated that Steven Rose, Building Inspector, will be offered a job with another City at the end of the week. The other City had phoned the Admin. basically out of courtesy to inform Mounds View of the offer. Admin. Achen stated he would like to recommend a salary increase commensurate with the responsibilites of the Building Inspectors position. Should Mr. Rose accept the offered position with the other City, the Admin. would like to see the increased salary so that he can fill the position with a capable person. Recommended increase is from $1,150 /mo. to $1,300 /mo. and the title to be established as Building and Zoning Official. Then, beginning, January 1, 1977, increase the salary 6 bringing the position's salary to 85% of the Metropolitan average for the position. Admin. Achen stated the current salary rate would recruit only a building inspector with no supervisory capabilities. Our present inspector is capable and merits the raise. However, the major concern is to be able to recruit a capable person should Mr. Rose decide to accept the other City's offer. Councilman Baumgartner asked where the additional financing for the raise would come from? Admin. Achen responded from the excess indicated at the last Council meeting. The balance for this year would be $1,000 increase. MSP (Pickar Shelquist) Effective August 1, 1976, to authorize City Administrator to make a salary adjustment for the additional sum of $150 per month for Steve Rose, the increase to be used to find a replacement if Mr. Rose does indeed leave. 4 ayes Atty. Meyers presented a resolution to authorize reconveyance of certain parcels of land to the State of MN, whereby they could reconvey the land to certain interested parties. This is the land near Ardan Ave. and Knollwood. When the new street was put through, there was surplus land left and that is what we are reconveying to the State. July 26, 1976 Page 15 MSP (Baumgartner Shelquist) to approve Resolution No. 751 reconveying forfeited land to the State of Minnesota. 4 ayes Atty. stated the resolution must be completed, signed, one copy to be certified and the deed has to be signed by the mayor and clerk and notarized. One resolution and deeds go down to the State. ENGINEER HUBBARD had no report. COUNCILMAN PICKAR reported that Mr. Wakefield is leaving as chairman of the Lakeside Park Commission. Wayne Betker was elected vice chairman and will then serve as chairman once Mr. Wakefield leaves. There is one vacancy which they hope to fill come September or October. Regarding the floating weeds in the Lake, for lack of a better solution guards are dragging weeds out each morning and the weeds float back each night. Budget for the Commission will probably be ready in August. COUNCILMAN SHELQUIST reported the Planning Commission will meet Wednesday evening and has a lengthy agenda. He also asked where the City stands on obtaining a vehicle and abatement officer. Admin. Achen stated specifications were sent out for the van and as far as he knows the Police Dept. has only two names of people for the abatement officer job. COUNCILMAN BAUMGARTNER had no report. ACTING MAYOR HODGES would like a letter to be sent to the Bicentennial Commission thanking them for a job well done. Acting Mayor Hodges also said he had been talking to a member of the Mobile Home Association who had said they would hand out information at the State Fair on mobile home ordinance once we adopted it. Admin. Achen stated that the mobile home ordinance will be on the agenda for approval at the August 23rd Council meeting. Acting Mayor Hodges asked that the Admin. contact the Mobile Home Association about the method of tying down trailers MSP (Baumgartner Shelquist) to adjourn at 12:10 a.m. 4 ayes Respectfully submitted, Mark Achen Clerk- Administrator 7YpleiC