HomeMy WebLinkAboutMinutes - 1976/08/09A regular meeting of the Mounds View City Council was called to order by
Acting Mayor Hodges on August 9, 1976, at 8 :02 p.m. at the Mounds View
City Hall, 2401 Highway 10, Mounds View, MN 55112.
Present: Acting Mayor Hodges
Councilman Baumgartner
Councilman Picker
Councilman Shelquist
PROCEEDINGS OF THE CITY COUNCIL
CITY OF MOUNDS VIEW
RAMSEY COUNTY, MINNESOTA
MSP (Baumgartner Shelquist) to approve the minutes as presented of July 26,
1976, regular meeting. 4 ayes
CITIZENS COMMENTS REQUESTS
Mrs. Robert Andrus stated that Item I. on the consent agenda was in error
and explained that the west lot fronts on Eastwood and the east lot fronts
on Greenwood Drive. The Council made note of this correction.
Mr. Curt Lovegren, 2091 Hillview Road presented a petition to the council
from the residents in his area which requested more street lights in the
area of Quincy Street and 35W. Mr. Lovegren stated that he had been in con-
tact with the Police Department regarding this matter. Acting Mayor Hodges
stated that this matter would be turned over to Administrator Achen and the
Police Department.
APPROVAL OF CONSENT AGENDA
MSP (Baumgartner- Hodges) to approve the following consent agenda items: 4 ayes
ITEM A. Set public hearing Monday, August 23, 1976, at 8:15 p.m. on Wilbert
Johnson appea of Planning Commission decision June 23, 1976, denying
variance of the provisions of Chapter 40.03, Subdivision 4, Paragraph (4).
ITEM B. Approve the following licenses:
Excavating renewal
Floyd Vorel Excavating
14060 Radison Road
Blaine, MN 55434
General Renewal
Floodmaster Engr. Corp.
1545 Selby Avenue
St. Paul, MN 55104
Lida Ccnstruction, Inc.
16413 Jaspar Street N.W.
Anoka, MN 55303
Htg. Air Cond. Renewal
Nielsen Sheet Metal
395 27th Avenue N.E.
Minneapolis, MN 55418
Also Present: Clerk -Adm. Acher.
Attorney Meyers
Engineer 1lubbArd
Blacktop renewal
Buck Blacktop, Inc.
2956 Rice Street
St. Paul, MN 55113
Heating Air Cond. new
Central Air Cond. Htg. Co.
1971 Seneca Road
St. Paul, MN 55122
Building Services, Inc.
5502 Douglas Drive
Minneapolis, MN 55429
August 9, 1976 Page 2
ITEM C. Approve August 9, 1976 bills.
ITEM D. Approve Resolution No. 752 REAPPORTIONING ASSESSMENTS FOR
GEORGE HERDA SUBDIVISION, 8335 and 8345 Fairchild.
ITEM E. Authorize Mayor and Clerk to execute agreement with Ba_ghton
Veterinary Clinic for animal pound services effective August 1, 1976
through December 31, 1976.
ITEM F. Receive July 1976 Police Department activity report.
ITEM G. Approve, as recommended by the Planning Commission (7/28/76 minutes)
minor subdivision of request of Donald Gimpel to create two lots from the
existing property located at 7500 Knollwood Drive. West lot fronting on
Bronson Drive will be 85.0 feet frontage by 133.0 feet deep. East lot will
be 133.0 feet frontage on Knollwood Drive and 143.4 feet deep. Five foot
utility easements will be provided on north and east lines of west lot and
on west line of east lot. Ten foot utility easements will be provided on
west line of west lot.
ITEM H. Approve, as recommended by the Planning Commission (7/28/76 minutes)
minor subdivision request of Paul and Joyce E. Moore Plasch to create two
lots from the existing property located at 8255 Eastwood Drive. East lot
will front on Greenwood Drive with 101.01 feet frontage and 261.53 feet
depth including street right -of -way. Five foot utility easements will be
provided on the south lines and the common rear line of both lots.
ITEM I. Approve as recommended by the Planning Commission (7 /28/76 minutes)
minor subdivision request of Robert and Blanche Andrus to create two lots
from existing property located at 8241 Eastwood Drive, west lot fronting on
Eastwood Drive will have 87.5 feet frontage and 325.5 feet depth. East lot,
fronting on Greenwood Drive, will have 87.5 feet frontage and 147.5 feet
depth. Five foot utility easements will be provided on common rear lines of
both lots.
ITEM J. Approve as recommended by the Planning Commission (7/28/76 minutes)
minor subdivision request of Clarence L. Weston to create two lots from
existing property located at 8405 Red Oak Drive. West lot, fronting on Red
Oak Drive will have 81 feet frontage and 239 feet depth from the street
right -of -way. The east lot, fronting on Sunnyside Road will have 81 feet
frontage and 234 feet depth from the street right -of -way. Ten foot utility
easements will be provided on rear line of west lot. Five foot utility
easements will be provided on rear line and on south line of east lot.
ITEM K. Approve, as recommended by the Planning Commission (7/28/76 minutes)
minor subdivision request of David L. Bissonnette to create two lots from
existing property located at 8312 Red Oak Drive. Both lots will front on
Red Oak Drive. North lot will have 97 feet frontage and 239 feet depth.
South lot will have 85 feet frontage and 239 feet depth. No additional
utility easements will be provided.
ITEM L. Receive bids for purchase of traffic regulation signs and equipment
for State project to correct regulatory and warning sign deficiencies: Bids
as follows:
August 9, 1976 Page 3
Lyle Signs, Inc., Minneapolis $6,674.29
Newman Signs, Inc., Jamestown, ND 3,751.42
Reject bid of Newman Signs, Inc. because it did not include 550 signs posts
as required by specifications. Accept bid of Lyle Signs, Inc. in the amount
of $6,674.29.
AUTOMOBILE CLUB OF ST. PAUL PRESENTATION OF PEDESTRIAN SAFETY CITATION TO
70LICE CHIEF GRABOWSKI.
Administrator Achen explained that Chief Grabowski is not able to attend to
accept this Citation from the Automobile Club of St. Paul, but that Captain
Hagen would be in attendance at 8:30 p.m.
APPOINTMENT OF NEW MAYOR
Acting Mayor Hodges stated that two persons had expressed a desire for the
position of Mayor, Mr. Jerry Blanchard and Mr. John Pickar. Judy Rowley,
Bruce Madsen and Luverne Peterson were interested in filling the vacant
council position if one came open due to the appointment of mayor. Acting
Mayor Hodges stated that he felt Jerry was very qualified for the job, but
that John Pickar is on the City Council and has served on several committees.
Acting Mayor Hodges stated that because of John's serving on the Council,
he was closer to the problems the city has and therefore recommended him.
Councilman Shelquist stated that he had reservations about the two can-
didates for mayor, and that he had been approached by a significant number of
citizens who expressed the similar reservations. He therefore felt that
the appointment should be delayed until after the elections in November.
Councilman Shelquist then moved that the Council postpone the appointment of
a mayor to fill the vacant term until the first meeting following the November
election and /or official canvass and appoint the winner of that election.
Acting Mayor Hodges asked three times for a second to this motion. None
received, the motion died.
Councilman Baumgartner stated that he agreed with Acting Mayor Hodges.
MS (Baumgartner Hodges) to appoint John Pickar as Mayor to fill the unexpired
term of Mayor Johnson.
Councilman Baumgartner stated that he felt the attorney's interpretation
was that the Council must fill the mayor's position. Attorney Meyers
reviewed Statute 124.02 and stated that it seems to be reasonable that
some action should be taken. Attorney Meyers pointed out that it does not
state a number of days, but that the Council must use good judgement.
Councilman Shelquist stated that he had called the Attorney General's
office and there is not a statement that says when the appointment must be
made, it just says "within a reasonable time There was previously a
provision that it be filled within 60 days, but it was removed from the
law several years ago.
Attorney Meyers reviewed Statute 171.46 which states that no City official
shall be appointed to fill a vacancy if he has the power to make the
appointment, and that a councilman cannot vote for himself to be mayor.
August 9, 1976 Page 4
Acting Mayor lodges asked for any further comments and then stated that he
felt John Pickar knew what he was getting into and would like the oppor-
tunity to serve the community.
A roll call vote was requested.
Councilman Shelquist nay
Councilman Pickar abstain
Councilman Baumgartner aye
Acting Mayor Hodges aye
Motion carried.
Acting Mayor Hodges turned the meeting over to Mayor Pickar. Attorney
Meyers then swore John Pickar in as the new Mayor of Mounds View.
Mayor Pickar stated that as mayor he did not plan any sweeping changes, but
he would like to see the length of the meetings, which are usually running
until midnight or 1:00 a.m., remedied. The Council could meet every Monday
night or limit discussion to a certain period of time. Mayor Pickar stated
that he would continue the Council policy of encouraging citizens to bring
their problems to the Council's attention at all meetings. Mayor Pickar
also stated that he would be at the city hall at 6:30 p.m. each meeting night
to discuss any problems with anyone. Also, at any time feel free to call.
Mayor Pickar stated that he would do the best job he could.
Appointment of vacant council seat Attorney Meyers reviewed Statute 412.02
concerning vacant council seats which are to be filled by the Council.
Attorney Meyers explained that in this situation if there is a tie vote on
the motion of appointment, the Mayor can then appoint the party to fill the
seat. Any voter of the City is eligible for the position.
Mayor Pickar stated that one week ago Thursday, the Council interviewed Judy
Rowley, Luverne Peterson and Bruce Madsen.
Councilman Shelquist stated that he felt Judy Rowley was the most qualified
person of the three because she has an interest in the City and was very
capable of discussing any problem of the City. She has also attended most
of the council meetings during the last year and a half. Councilman Shel-
quist recommended that Judy Rowley be appointed to the vacant council seat.
Councilman Baumgartner stated that he agreed with Councilman Shelquist.
Councilman Hodges stated that he agreed with Councilman Shelquist, too, and
wanted to thank these people for coming in to be interviewed.
Mayor Pickar stated that both Luverne and Bruce have been related to
the City, but he felt that Judy has a better knowledge of the City.
MSP (Shelquist-Pickar) to appoint Judy Rowley as councilmember of the City
of Mounds View to fill the unexpired term of Councilman Pickar.
Attorney Meyers administered the oath to Judy Rowley for the position of
Councilmember for the City of Mounds View.
August 9, 1976 Page 5
At 8:25 p.m. Mayor Pickar recessed the regular council meeting and called
to order the public hearing on Lida F, Hummel's 1st Addition preliminary plat.
Mr. Lida was present for discussion and presented the Council with the pre-
liminary plat of Lida Hummel's 1st Addition. Administrator Achen stated
that the applicants were Jack and Kenneth Krugen and informed the Council
that the Planning Commission recommends council approval of the preliminary
plat, that the existing garage be removed, subject to a seven foot utility
easement on Lots 1 and 2, and approval of a variance on the rear yard setback
of 12 feet on Lot 8. This property is located along County Rd. J.
Councilman Shelquist asked if the garage had been removed from Lot 7 yet.
Mr. Lida stated that this will be done.
Councilman Baumgartner asked if easements between Lots 1 and 2 were needed.
Engineer Hubbard stated that the Planning Commission has asked for easements
through the rear yards of Lots 1 and 2. Administrator Achen explained that
the west line of the lot abuts Knollwood and the east line of the lot abuts
Groveland. Councilman Baumgartner stated that a north -south easement would be
more beneficial than an east -west one. Mr. Lida stated that he would have no
objection to this. Councilman Baumgartner suggested that the easement line
be extended north to County Rd. J and move the easement between Groveland
and Knollwood on the south boundary of Lots 1 and 2. Administrator Achen
stated that he did not see any problems with this. Mr. Lida questioned the
distance the house would have to be from County Rd. J with this easement.
Discussion. Councilman Shelquist stated that the setback is measured from
the property line regardless of the easement. Administrator Achen stated
that this would be 40 feet. Councilman Shelquist explained that you can make
use of the easement land, but the city and utilities could come through
to make repairs without restoring damage done.
Councilman Hodges stated that he did not see any problems in going along
with the Planning Commission's recommendation.
Councilmember Rowley stated that the easement should be all the way up to
County Rd. J.
Mayor Pickar asked when the garage would be removed. Mr. Lida stated that
the property line does not separate the garage. Mayor Pickar stated that
this was true but the Planning Commission did recommend its removal. Council-
man Shelquist stated that the council usually puts a condition on that
something of this nature be done prior to the final approval. Administrator
Achen stated that the garage was in violation of the lot requirements.
Councilman Baumgartner asked if there was any discussion of granting a variance
for the garage. Mr. Lida stated that they intend to tear it down and build
a new one.
MSP (Shelquist- Hodges) to grant the preliminary plat approval to Lida
Hummel's 1st Addition as shown on the preliminary plat received by the
City on July 19, 1976, subject to the conditions set forth by the Planning
Commission and removal of the garage on Lot 7 prior to final plat approval,
and subject to extension of utility easements on the back lot lines, granting
a five foot utility easement on Lots 1 and 2, on the north -south subdivision
line. 5 ayes
The public hearing on Lida F, Hummel's 1st Addition preliminary plat was
recessed and Mayor Pickar called to order the 9:00 o'clock public hearing on
amendment of Gustafson's 1st Addition recorded plat.
August 9, 1976 Page 6
Administrator Achen explained that this request would revise an existing
plat and then reviewed forthe council the location of the lot and the
buildings on this lot. Administrator Achen stated that the request would
split the existing lot and make the east lot 142 feet deep and the west lot
278.2 feet deep.
Councilman Shelquist stated that the planning Commission refers to a utility
shed and granted a variance to allow it to remain with the stipulation that
the City could still use the easement. Councilman Shelquist stated that
it should be clearly spelled out in the file what building is being talked
about. Mrs. Harley explained that the shed which is on the line belongs
to the neighbor to the south and what is referred to as a utility shed by the
Planning Commission is a screen house. Atty. Meyers explained that this
happened when Gustafson platted the area out. The plat was approved with
the utility shed on the lot line.
Administrator Achen stated that since the house faces Groveland, the Planning
Commission felt that the uneven split would be acceptable.
Councilman Baumgartner pointed out the ten foot easement running between the
house and garage. Mrs. Harley stated that she was aware of this, but there
was nothing she could do about it. There are power lines running through
it now.
Councilman Hodges stated that he goes along with the planning Commission's
recommendation.
Couicilmember Rowley stated that she had no objections.
Mayor Pickar stated that he did not see any problems with the request, but
that the owner must do the replatting. Administrator Achen stated that the
County Surveyor had agreed that this could be done informally and would
accept a metes and bounds description.
MS (Shelquist- Hodges) to grant the minor subdivision of Sandra Harley of
8351 Groveland Road, for her two lots in Gustafson's 1st Addition, subject
to the provisions for easements made by the Planning Commission and subject
to a five foot easement either side of a line 62.8 feet from the proposed
subdivision to insure the easement for the existing power line.
Attorney Meyers pointed out to the Council that they were amending a previous
plat, lots approved by a formal plat, and the City could require a replatting.
Mayor Pickar stated that a lot of circumstances dictate changes in lot lines
and he felt each case must be heard separately. Councilman Shelquist stated
that he did not understand the attorney's comments. Attorney Meyers explained
that Gustafson's 1st Addition went through a formal plat adopted by the City
in 1962, not just a metes and bounds. Administrator Achen stated that
perhaps in some ways the council was setting a precedence. Attorney Meyers
stated that this request was not a simple subdivision because it affects a
formal plat. Councilman Shelquist stated that the council was struggling
with situation which was created by a past council. Attorney Meyers
states that this was correct and because of this, it may be handled in an
informal way. Councilman Shelquist stated that he was comfortable with the
motion he made. Mayor Pickar stated that the attorney's comments were well
taken. 5 ayes
The regular council meeting was called back to order at 9:45 p.m.
August 9, 1976 Page 7
AUTOMOBILE CLUB OF ST. PAUL PRESENTATION OF PEDESTRIAN SAFETY CITATION TO
POLICE CHIEF GRABOWSKI
Ms. Shillock from the Automobile Club of St. Paul stated that they honor
cities and states who have worked especially hard to reduce pedestrian accidents
and this was a special tribute to the police department because of no pedes-
trian fatalities in Mounds View for two years. Mayor Pickar thanked her.
Captain Hagen stated that they hope to make it three years.
Mr. Kenneth Burk, 8051 Woodlawn Drive asked if the Council would be holding
a special meeting on a burning ordinance which would not allow any burning
of wood in outdoor fireplaces or bar -b -que pits. The Council stated that
they were not.
MOUNDS VIEW LEAGUE OF WOMEN VOTERS REQUEST FOR FUNDS TO PUBLISH 1976 ELECTION
COUNCIL CANDIDATES FLYER
Isabel Schumacher, 2200 Lambert, stated that this would be a good
project and service to the citizens. The total cost of $575 included printing
photographs too. Mayor Pickar stated that the Council had received a letter
explaining the request.
Discussion. Ms. Schumacher stated that this will be sent out early so there
will be a chance for rebuttal. Mayor Pickar questioned the time schedule.
Administrator Achen explained that it would probably take, at a minimum,
one week to get the printing done.
Councilman Baumgartner questioned how the editing would be done. Ms.
Schumacher stated that it would depend on what was said. Mayor Pickar asked
what the league would do if a candidate stated an obvious untruth. Ms.
Schumacher stated that she would call the candidate first. Councilman
Shelquist asked if the league would verify every statement of this nature.
A member of the league stated that everyone answers the questions in a
certain number of words and she did not think the League has edited in this
fashion. She stated that you have to count on the citizens to evaluate the
statements too. Administrator Achen stated that one problem, that has not
been exactly stated, occured in the 1974 election when literature was sent
out just days before the election that had erroneous statements in it. The
problem with rebuttal is because the original statement went out at the
Cityts expense so how would they make an effective rebuttal. A representative
of the league stated that there will be a meet the candidates night on
October 19.
Councilman Baumgartner stated that he was uncomfortable with using City
funds to send out these questionnaires and also with how they will be
edited. He suggested that they use the city newsletter to sand out a flyer
that gives informatbn on who the candidates are and a brief biographical
description of each. Views are made available through questionnaires used
in the New Brighton Bulletin. Councilman Baumgartner stated that he appreciated
what the League is doing but the request would open them up to a lot of pro-
blems. He suggested that the League could also mention the meet the candidates
night so that 100% of the residents will be aware of it.
Councilman Hodges questioned the use of city funds for the request. Attorney
Meyers stated that you can use city funds to distribute information to the
public. Councilman Hodges stated that the candidates go from door to door
anyway.
August 9, 1976 Page 8
Councilman Shelquist stated that he agrees with Councilmen Hodges and
Baumgartner. The paper by publishing the LWV questionnaire provides
publicity for candidates and gets their views in front of the public at no
cost to the candidate. He felt that using the newsletter for a statement
and background information and the advertising of the LWV candidates meeting
night would be better.
A representative of the League stated that the questions were very general
and most of the time the only thing residents get in their homes is biographical
sketches. Maybe if they got something else they would not be so apathetic
and would come out and vote. Councilman Baumgartner stated that this may
be true, but the questionnarie could also contain untruths.
Jill Huney, 8406 Red Oak Drive, stated that the names of the candidates
would be on it so the candidate himself would be held liable. Administrator
Achen asked if the City could be named a part in a law suit if a candidate
had grounds to contest the election because untrue election statements were
sent out at city expense. Atty. Meyers reviewed a past case where even
the newspaper was named in the suit.
Councilmember Rowley abstained from making comment because she is a member
of the League of Women Voters.
Mayor Pickar stated that what happened two years ago makes the council "gun
shy" about what might happen. He felt the candidate gathered alot of votes
from people who did not look into it to see if it was true or not. No
really good way to edit. The intent is really good to get the views in
front of the public, but he felt at this time he would go along with the
rest of the Council. The chances of something running amiss are so great
that he would rather see something of a biographical sketch. He intends to
visit every home in Mounds View. Mayor Pickar suggested that they go back
and present this to their other members and discuss the possibility if
putting together biographical sketches of the candidates and then come back
to the council to discuss funding of this.
MSP Shelquist- Baumgartner) to deny the request of the League of Women
Voters for the city to publish comments from the LWV questionnaire in the
newsletter, or supplement or special edition, but we will accept a biographical
sketch of the candidates if they want to prepare this and also publicize
the league meeting for the candidates night in the issue of the city news-
letter that goes out prior to this meeting. 4 ayes
1 abstain
Ms. Schumacher thanked the Council for considering the request.
APPOINTMENT OF PRIMARY ELECTION JUDGES AND DESIGNATION OF PRECINCT
POLLING PLACES. Administrator Achen explained that the list included more
election judges than will be needed but he was not certain that they will
all serve.
MS (Hodges Pickar) to approve of the election judges 'isted for the
1976 election for Precincts 1 -4.
Administrator Achen stated that all of the persons listed have not been
contacted yet, but this must be done before the next meeting. The majority had
volunteered earlier this year. Discussion. Admin. Achen explained that if they
August 9, 1976 Page 9
needed another judge the day of the election, the Chairman had the power to
designate another election judge, but there must be a balance in the number
from each party.
Councilman Shelquist suggested that since the selection does not have to be
made for several days, these people be contacted to see if they will serve
before the decision is made. Mayor Pickar stated that he felt the motion
should be acted on tonight.
Administrator Achen stated that the two parties are, by state law, to submit
a list of judges 65 days prior to the election to the County and then the
County submits this listing to the city 40 or 45 days prior to the election.
This year he had not received anything from the county. Councilman Baumgartner
suggested that a letter be sent to the parties so they are notified of their
obligation, perhaps even a registered letter. 5 ayes
MS (Pickar Shelquist) to. approve the following polling places:
Precinct #1
Precinct #2
Precinct #3
precinct #4
Messiah Lutheran Church, 2848 County Rd. H -2
Red Oak Elementary School, 8101 Red Oak Drive
Pinewood Elementary School, 5500 Quincy Street
Edgewood Jr. High School, 5100 Edgewood Drive
Councilman Shelquist stated that the plat was not completed yet because it
lacked Mrs. Dahlberg's signature and notarization of the Dahlbergs signatures.
Councilman Shelquist suggested that this be tabled until the signatures are
completed.
MSP Shelquist- Hodges) to table the final plat approval of Dahlberg Sunnyside
Estates until the hardshell plat is complete with signatures and notarization
and until the foundation for the garage is removed as stipulated when the pre-
liminary plat was approved.
Administrator Achen stated that the only change from past years was using the
church for Precinct #1, because of the problems in 1974 with having both
precincts at the school. They will make signs up to post in front of the
polling places for better identification. Administrator Achen stated that
he has requested the use of a large room in the schools instead of using
the hallways. 5 ayes
ORDINANCE NO, 253 AMENDING CHAPTER 81.02, SUBDIVISION 4 ENTITLED "PARKING,
IMPEDING TRAFFIC"
Attorney Meyers stated that he had not yet discussed this matter with
Administrator Achen and suggested that it be tabled until the next meeting.
Council member Hodges asked how many hours notice are now given. Admin.
Achen stated that they now give four hours notice and the proposed amendment
does not give any notice. Discussion. This item was tabled to the next
meeting.
ADMINISTRATOR'S REPORT Administrator Achen stated that he had received the
final plat this morning for the Dahlberg Sunnyside Estates and asked the
Council if they would like to consider this. The Council approved this on
July 26, 1976 with the stipulation that the garage on Lot 4 be removed prior
to final plat approval. The foundation for the garage is still there but if
the Council approves it tonight it will not be final until the foundation is
removed.
August 9, 1976 Page 10
Administrator Achen handed out the draft report for the storm sewer drainage
study. There will be a firm representative at the next agenda session,
this will allow a week to consider it.
Administrator Achen informed the Council that the staff is conducting a
meeting this Thursday at 7:00 p.m. for the apartment owners and managers to
review the Housing Code. The housing inspector and inspection staff will be
conducting this meeting. The staff has requested the Council's presence at
this meeting.
ATTORNEY MEYERS' REPORT. He said that an assessment had been appealed recently
on the Durres property. Attorney Meyers reviewed the background of this case
and stated that the Council had to decide if they want to assess the property
and if they do want to assess, on what basis should they do so. The c "urt
threw out the entire assessment, including storm sewer. Since this time
Mounds View has purchased a 25 foot strip of property, from Mr. Mrs. Moors,
that is inbetween the road and Mr. Dumes' property. Attorney Meyers had an
appraiser lock at the property and the appraiser said he would testify that
100 feet would be assessable. The appraiser said he would be willing to
testify up to $5,000 or the 100 feet at $50 per foot. If the Council decides
to proceed with the assessment they would have to file notice and go ahead
with the assessment hearing. This matter would then be referred to the
engineer, administrator and attorney to come up with an assessment similar
to what they had previously and then reassess. The Council could also wait
until Mr. Dumes decides to subdivide his property.
Councilman Shelquist questaned why the appraiser would go with 100 feet.
Attorney Meyers stated that the appraiser did not think the improvement was
worth $8,100, but he said he would gorith 100 feet as increase in market value.
Attorney Meyers pointed out that Mr. Dumes property does not abut the road.
MSP (Pickar- Shelquist) to set an assessment hearing for the Pierre Durres
property, Improvement 1973 -4, for September 13, 1976 at 8:15 p.m. 5 ayes
Attorney Meyers stated that he had received a copy of a letter from Thomas
Hooker Fuller's attorney. Mr. Fuller was terminated by the City. This is
a notice of claim.
MSP (Pickar- Baumgartner) to direct the attorney to prepare an answer for
the claim served by Thomas Fuller in the alloted time. 5 ayes
Attorney Meyers reviewed the case of Lawman Sundae against the City Police
Department, Chief Grabowski and Captain Hagen. The judge granted the City's
request for summary judgement in this case so the city is out of the federal
case. The judge did not file a memorandum so Attorney Meyers did not know
what grounds he granted it on. It is possible that the City could be sued
in state court. Art Holmstad was involved with Lhe restraint of this
individual so Attorney Meyers could not issue summary on him.
ENGINEER HUBBARD had no report.
COUNCILMAN SHELQUIST'S REPORT. He asked if the Council should make acceptance
of the draft of the storm water report. Mayor Pickar stated that this was not
necessary because it was the draft.
August 9, 1976 Page 11
Councilman Shelquist stated that he had received a resignation from Robert
Rossman from the Planning Commission.
MSP (Shelquist- Hodges) to direct the administrator to send a letter to
Mr. Rossman to thank him for his service to Mounds View. 5 ayes
Councilman Shelquist feltt that the Administrator should also send a letter
to the members of the Planning Commission to point out the portion of the
ordinance concerning the failureto attend meetings and ask them to be more
diligent in their attendance. Councilman Shelquist informed the Council
that the last Planning Commission meeting started an hour and ten minutes
late because they did not have a quorum. Councilman Shelquist suggested that
the Commission reduce their membership to seven by attrition. Mayor Pickar
stated that if this was done, not more than three members could be absent.
Councilman Shelquist suggested that this be discussed when the terms expire
at the end of this year.
MSP (Shelquist- Baumgartner) to direct the administrator to send letters to
the members of the Planning Commission pointing out their responsibility as
members of the Commission, quoting the City ordinance about attendance. 5 ayes
Councilman Shelquist questioned the progress being made with the dog catcher.
Administrator Achen stated that the appointment will be made at the next
meeting.
COUNCILMAN BAUMGARTNER'S REPORT. Councilman Baumgartner stated that he had
attended the boxing match at the Bel Rae Ballroom on August 4th. He also
talked to a person that was on the state boxing committee who informed
him that the people that attended boxing matches were very well mannered.
Councilman Baumgartner reported that he did not hear of any problems
connected with the boxing match. Councilman Baumgartner made mention of
an incident that took place outdoors in which several off -duty police
officers volunteered their help.
COUNCILM4N HODGES' REPORT. He informed the Council that the tree removal
company took down a tree in his yard, a week later removed the stump and
still have not yet returned with the four inches of black dirt. He questioned
if he as a councilman was receiving this kind of treatment, what were
other citizens receiving? Mayor Pickar stated that they may be running
behind schedule. Councilman Hodges stated that he would rather see them
finish one job before starting another. Admin. AchL'. stated that he will
check into this. He also stated that this company is suppose to be one
of the better firms in the cities.
Councilman Hodges stated that he had received an invitation from the Metro
Council to an informal meeting at the Shoreview City Hall on Wednesday,
August 25th to discuss the Metro Claim Act. Councilman Hodges stated that
he planned to attend this meeting.
COUNCILMEMBER ROWLEY had nothing to report.
MAYOR PICKAR'S REPORT. Mayor Pickar stated that the police report was very
complete and he would like to commend the department for the very detailed
report. Councilman Shelquist stated that he would like to have the number
of assists from other cities included in the report.
August 9, 1976 Page 12
Councilman Shelquist stated that at the last council meeting, just following
the bicentennial celebration, the Council did not make any mention of
appreciation to the community celebration committee. Councilman Shelquist
stated that he would like to personally extend his thanks to Gordon Zebarth,
Chairman, and also the other members. Administrator Achen stated that a
letter was sent out.
Mayor Pickar stated that the Association of Metro Municipalities, which
Mounds View has not joined yet, will be holding another meeting. Mayor
Pickar stated that he would attend this meeting. Discussion of their
attendance records.
Mayor Pickar stated that he felt the "Get Out Vote" release would be a
good project for the League of Women Voters.
M3P Shelquist- Baumgartner) to adjourn at 11:15 p.m. 5 ayes.
Respectfully submitted,
61 1°11641
Mark Achen
Clerk- Administrator