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HomeMy WebLinkAboutMinutes - 1978/08/14A G E N D A Mounds View City Council August 14, 1978 1. Roll call of officials 2. Approval of minutes of regular meeting July 24, 1978 3. Citizen comments and requests CITIZENS: BEFORE SPEAKING, PLEASE GIVE YOUR FULL NAME AND ADDRESS FOR THE MINUTES 4. Approval of consent agenda: Item A. Appoint election officials B. Designate polling places C. Reapportion assessments for Gwiazdon minor subdivision D. Storm Sewer Advisory Task Force resignation E. Cedar Bay Estates final plat F. Karlen's Addition final plat G. Midway Industrial public hearing H. Designate public depositories I. NSDAC Certificate of Appreciation J. Appoint temporary laborer K. Authorize interfund transfers L. Bills for payment M. Licenses for approval 5. Proclamation Leukemia Research in Mounds View Month 6. Public hearings: (a) Pinecrest Addition Vacation of Raymond Avenue (7:40 PM) (b) Project 1978 -6 (continued) Silver Lake Road improvements (7:50 PM) (c) Dailey Knoll's (continued) Preliminary plat and rezoning (8:10 PM) 7. Project 1978 -3 Phase I Northcrest Park 8. Bond sale concept approval 9. Northcrest Park Final plat and development agreement 10. Storm Sewer Advisory Task Force final report 11. Mermaid bowling alley addition Amendment to Development Agreement No. 78 -13 12. Gale Addition Appeal of Fairchild extension denial 13. Farmers market guidelines 14. Lambert Park Shelter building relocation 15. Reports of officials 16. Adjournment CONSENT AGENDA August 14, 1978 The consent agenda is a technique designed to expedite handling of routine and miscellaneous official business of the City Council, The entire agenda may be adopted by the Council in one motion. The motion for adoption is non debatable and must receive unanimous approval. By request of any individual Council member, any item can be removed from the consent agenda and placed upon the regular agenda for debate. ITEM A. Appoint the following election officials to serve during the primary election, September 12, 1978. Election officials shall be paid as follows: chairperson $45 per day, judges $35 per day, counter $4 per hour, and $6 per training session. election official position party Precinct No. 1 Marilyn Brick Shirley Sinderson Janet Strauss Dorothy Winters Ruth Cox Mary Diekmann Phyllis Blanchard Precinct No. 2 Marilyn Benolkin chairperson D Ethel Lewis judge D Karen Rauscher judge D Jane Nunn judge IR Isabella Wille judge IR Ruth White counter IR June Schleiss alternate IR Renae LeBlanc alternate IR Edith Johnson alternate D Kathleen MacRunnels alternate IR Precinct No. 3 Betty Skelly chairperson D Ruth Prose judge D Gertrude Krawczyk judge D Lea Burggraff judge IR Ruth Schmidt judge IR Georgianna Harris alternate IR Precinct No. 4 Roberta Malraison chairperson D Pauline Foster judge D Kathy Gobats judge D Lili Ripley judge IR Pauline Stauner judge IR Muriel Christensen alternate IR Precinct No. 5 Jan Mortenson chairperson D Ann Bendt judge D Lenor Kinderman judge D Helen Larson judge IR Judith Peterson judge IR Lawrence Young counter D Rose Nejedly alternate D Precinct No. b Donna Bowman chairperson IR Ruby Gerner judge IR Karen McNamara judge IR Marvalyn Keonker judge D Betty Piehowski judge D Sharon Sanders alternate IR Precinct No. 7 Doris Welty chairperson IR Jean Christianson judge IR Mary Schroeder judge IR Judy Dreshar judge D Helen Edwards i D Erling Eibs counter IR Elizabeth Goebel alternate D Helen Saari alternate IR Geraldire Erickson alternate D chairperson IR judge IR judge IR judge D judge D counter D alternate D CONSENT AGENDA 2 August 14, 1978 ITEM B. Adopt Resolution No. 911 designating the following polling places for the September 12 primary and November 7 general elections: Precinct No. 1 Red Oak Elementary School 8101 Red Oak Drive Precinct No. 2 Messiah Lutheran Church Parish Hall 2900 County Road H -2 Precinct No. 3 Messiah Lutheran Church Educational Wing 2848 County Road H -2 Precinct No. 4 Edgewood Junior High School 5100 North Edgewood Drive Precinct No. 5 Pinewood Elementary School 5500 Quincy Street Precinct No. 6 Cross of Glory Lutheran Church Educational Building 5472 Adams Street Precinct No. 7 Sunrise Methodist Church Youth Room 2520 County Road I ITEM C. Adopt Resolution No. 912 reapportioning assessments for the Gwiazdon minor subdivision of 7555 Spring Lake Road. ITEM D. Accept the resignation of Ed Smith from the Citizens Storm Sewer Advisory Task Force. ITEM E. Adopt Resolution No. 913 approving the final plat of Cedar Bay Estates, located at Fairchild and County Road J, which meets the requirements established by Council in approving the preliminary plat December 12, 1977, and adopt Resolution No. 914 authorizing execution of Development Agreement 78 -19 embodying the terms for development of this plat. ITEM F. Adopt Resolution No. 915 approving the final plat of Karlen's Addition, located at County Road I and Silver Lake Road, which meets the requirements established by Council in approving the preliminary plat July 24, 1978, and adopt Resolution No. 916 authorizing execution of Development Agreement 78 -20 embodying the terms for development of this plat. ITEM G. Set public hearing for 7:40 PM, August 28, 1978, on Midway Industrial preliminary plat. This is for two industrial devel- opments, Midway Industrial Supply, Inc. and Nasco North Central, Inc., which received concept approval of the City Council for revenue bond financing July 24, 1978. ITEM H. Adopt Resolution No. 917 designating primary and secondary depositories of city funds and approving securities in the amount of $1,225,000.00 pledged by the First State Bank of New Brighton. ITEM I. Accept a certificate of appreciation from the North Suburban Developmental Achievement Center for the City's continuing financial support of the Center. ITEM J. Appoint Rocky Henke to the position of temporary summer laborer effective August 1, 1978, at an hourly rate of $3.25. ITEM K. Authorize the following interfund transfers included in the 1978 City Budget: FROM TO AMOUNT Water Utility 1976 Advance Refunding 3,730.00 Water Utility General 20,000.00 Sewer Utility General 15,000.00 ITEM L. Approve the August 14, 1978, bills for payment. CONSENT AGENDA ITEM M. Approve the following licenses: CONTRACTORS expire 6/30/79 General new M. V. Rich Co., Inc. 3585 N. Lexington Ave. Jerome StOnhoff 1800 Co. Rd. H General renewal Hogar Construction 1061 109th Ave. N.E. Miles Garage Company 4500 Lyndale Ave. N. Heating A/C renewal Ideal Htg Air Conditioning 3116 Fremont Ave. N. Thermal Design Eng. 1001 E. Cliff Road Waterproofing new The Grass Factory 8424 50th Ave. N. Waterproofing renewal Rite -Way Waterproofing, Inc. 7337 Lake Drive -3- August 14, 1978 Excavating new Miller Excavating 14027 Crosstown Blvd. Ted Renollett Sons 927 Andover Blvd. N.E. Excavating renewal Schulze Excavating 2925 166th Lane N.E. Kadlec Excavating, Inc. 724 Main St. N.W. Blacktop new Omann Construction Box 161 Hanover, MN Blacktop renewal Buck Blacktop, Inc 32 S. Owasso Blvd. PROCEEDINGS 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 at 7:30 PM on August 14, 1978 at the Mounds View City Hall, 2401 Highway 10, Mounds View, Minnesota 55112. Members Present: Also Present: Acting Mayor Hodges Councilmember Baumgartner Councilmember Rowley Clerk /Administrator Achen Attorney Meyers Acting Mayor Hodges announced that Mayor Picker and Councilmember Ziebarth were absent on vacation. MSP (Rowley- Baumgartner) to approve the minutes of the July 24, 1978 meeting as presented. 3 ayes CITIZENS COMMENTS AND REQUESTS Mrs. Jacob Galatovick, 2217 Hillview stated she was still concerned with the bicycle problem in the city and presented copies to the Council of an article from the July 31 newspaper about a bike patrol and program in Richfield. She stated the program was both federally and state funded and asked that Mounds View check into it. Acting Mayor Hodges stated he would have the Police Department check into it. APPROVAL OF CONSENT AGENDA MSP (Baumgartner Rowley) to approve the consent agenda as follows: ITEM A. Appoint the following election officials to serve during the primary election, September 12, 1978. Election officials shall be paid as follows: chairperson $45 per day, judges $35 per day, counter $4 per hour, and $6 per training session. election official position party Precinct No. 1 Marilyn Brick chairperson IR Shirley Sinderson judge IR Janet Strauss judge IR Dorothy Winters judge D Ruth Cox judge D Mary Diekmann counter D Phyllis Blanchard alternate D 3 ayes August 14, 1978 Precinct No. 2 Marilyn Benolkin chairperson D Ethel Lewis judge D Karen Rauscher judge D Jane Nunn judge IR Isabella Wille judge IR Ruth White counter IR June Schleiss alternate IR Renae LeBlanc alternate IR Edith Johnson alternate D Kathleen MacRunnls alternate IR Precinct No. 3 Betty Skelly chairperson D Ruth Prose judge D Gertrude Krawczyk judge D Lea Burggraff judge IR Ruth Schmidt judge IR Georgianna Harris alternate IR Precinct No. 4 Roberta Malraison chairperson D Pauline Foster judge D Kathy Gobats judge D Lili Ripley judge IR Pauline Stauner judge IR Muriel Christensen alternate IR Precinct No. 5 Jan Mortenson chairperson D Ann Bendt judge n Lenor Kinderman judge D Helen Larson judge IR Judith Peterson judge IR Lawrence Young counter D Rose Nejedly alternate D Precinct No. 6 Donna Bowman chairperson IR Ruby Gerner judge IR Karen McNamara judge IR Marvalyn Keonkcr judge D Betty Piehowski judge D Shzron Sanders alternate IR Precinct No. 7 Doris Welty chairperson IR Jean Christianson judge IR Mary Schroeder judge IR Judy Dreshar judge D Helen Edw‘irds judge D F.r].ing Eibn counter IR Elizabeth n1 Ynrnare D Helen Saari alternate IR Geraldine Erickson alternate D Page 2 August 14, 1978 ITEM B. Adopt Resolution No. 911 designating the following polling places for the September 12 primary and November 7 general elections: Precinct No. 1 Red Oak Elementary School 8101 Red Oak Drive Precinct No. 2 Messiah Lutheran Church Parish Hall 2900 County Road H -2 Precinct No. 3 Messiah Lutheran Church Educational Wing 2848 County Road H -2 Precinct No. 4 Edgewood Junior High School 5100 North Edgewood Drive Precinct No. 5 Pinewood Elementary School 5500 Quincy Street Precinct No. 6 Cross of Glory Lutheran Church Educational Building 5472 Adams Street Precinct No. 7 Sunrise Methodist Church Youth Room 2520 County Road I ITEM C. Adopt Resolution No. 912 reapportioning assessments for the Gwiazdon minor subdivision of 7555 Spring Lake Road. ITEM D. Accept the resignation of Ed Smith from the Citizens Storm Sewer Advisory Task Force. ITEM E. Adopt Resolution No. 913 approving the final plat of Cedar Bay Estates, located at Fairchild and County Road J, which meets the requirements established by Council in approving the preliminary plat December 12, 1977, and adopt Resolution No. 914 authorizing execution of Development Agreement 78 -19 embodying the terms for development of this plat. ITEM F. Adopt Resolution No. 915 approving the final plat of Karlen's Addition, located at County Road I and Silver Lake Road, which meets the requirements established by Council in approving the preliminary plat July 24, 1978, and adopt Resolution No. 916 authorizing execution of Development Agreement 78 -20 embodying the terms for development of this plat. ITEM G. Set public hearing for 7:40 PM, August 28, 1978, on Midway Industrial preliminary plat. This is for two industrial devel- opments, Midway Industrial Supply, Inc. and Nasco North Central, Inc., which received concept approval of the City Council for revenue bond financing July 24, 1978. Page 3 August 14, 1978 ITEM H. Adopt Resolution No. 917 designating primary and secondary depositories of city funds and approving securities in the amount of $1,225,000.00 pledged by the First State Bank of New Brighton. ITEM I. Accept a certificate of appreciation from the North Suburban Developmental Achievement Center for the City's continuing financial support of the Center. ITEM J. Appoint Rocky Henke to the position of temporary summer laborer effective August 1, 1978, at an hourly rate of $3.25. ITEM K. Authorize the following interfund transfers included in the 1978 City Budget: FROM Water Utility Water Utility Sewer Utility ITEM M. Approve the following licenses: CONTRACTORS 6/30/79 General new M. V. Rich Co., Inc. 3585 N. Lexington. Ave. Jerome Stenhoff 1800 Co. Rd. H General renewal Hogar Construction 1061 109th Ave. N.E. Miles Garage Company 4500 Lyndale Ave. N. Heating A/C renewal Ideal Htg Air Conditioning 3116 Fremont Ave. N. Thermal Design Eng. 1001 E. Cliff Road Waterproofing new The Grass Factory 8424 50th Ave. N. Waterproofing renewal Rite -Way Waterproofing, Inc. 7337 Lake Drive TO 1976 Advance Refunding General General ITEM L. Approve the August 14, 1978, bills for payment. AMOUNT 3,730.00 20,000.00 15,000.00 Excavating new Miller Excavating 14027 Crosstown Blvd. Ted Renollett Sons 927 Andover Blvd. N.E. Excavating renewal Schulze Excavating 2925 166th Lane N.E. Kadlec Excavating, Inc. 724 Main SL. N.W. Blacktop new Omann Construction Box 161 Hanover, MN Blacktop renewal Buck Blacktop, Inc 32 S. Owasso Blvd. Page 4 August 14, 1978 Page 5 STORM SEWER ADVISORY TASK FORCE FINAL REPORT Peter Sargent read a prepared statement from the Task Force and presented the original of their final report to Acting Mayor Hodges, and stated that copies could be made from the original for other members of the Council and the Planning Commission Chair- person. Acting Mayor Hodges expressed the appreciation of the Council for the work the Task Force did. PROCLAMATION LEUKEMIA RESEARCH IN MOUNDS VIEW MONTH Administrator Achen read the proclamation declaring September 1978 as Leukemia Research month in Mounds View. Acting Mayor Hodges stated he would be signing the proclamation after the meeting was over. Acting Mayor Hodges recessed the regular meeting and opened the first public hearing. PINECREST ADDITION VACATION OF RAYMOND AVENUE Administrator Achen stated that due to technicalities, a vote on the vacation of Raymond Avenue could not take place until the final plat and development agreement had been acted on for Northcrest Park, which was later on the agenda, but that discussion could take place on the vacation. Duane McCarty, 8060 Long Lake Road asked if the improvements along County Road H2 would be included in Project 1978 -3. Acting Mayor Hodges replied that they would not. Administrator Achen added that those improvements would be included in Phase 2 of 1978 -3, which was at least a year or so away. Acting Mayor Hodges closed the public hearing on the Pinecrest Addition and reopened the regular meeting. MERMAID BOWLING ALLEY ADDITION AMENDMENT TO DEVELOPMENT AGREEMENT NO. 78 -13 Administrator Achen reported that the owner of the Mermaid, Charles Hall, would like to open the addition to the Mermaid before completing some of the items required in the development agreement, and would like the development agreement amended to allow him to open. Councilmember Rowley asked what work would not be done before the opening date. Mr. Hall replied that it is possible that all the work might be completed by August 28 but that he would like approval of an amendment in case some of the work isn't done. He added that he anticipates having 95% of the work completed on the inside by the 28th. Councilmember Baumgartner asked how long after August 28 it would take to complete whatever work wasn't finished. Mr. Hall replied that he was not sure but that he would complete it as soon as possible. MS (Hodges- Baumgartner) to amend the Mermaid Development Agreement 1978 -13 so that Charles Hall can open on August 28, 1978 and extend the time limit for the exterior work and improvements until September 30, 1978. August 14, 1978 Page 6 Administrator Achen pointed out that the liquor license fee will have to be computed. Acting Mayor Hodges stated he would like to withdraw his previous motion. Councilmember Baumgartner agreed to withdraw his second of that motion. MSP (Hodges Baumgartner) to adopt the amendment to the Development Agreement, Exhibit 2A, changing the completion date to September 30, 1978. 3 ayes Acting Mayor Hodges recessed the regular meeting and opened the next public hearing. PROJECT 1978 -6 SILVER LAKE ROAD IMPROVEMENTS (CONTINUED) Acting Mayor Hodges pointed out that the project required a 4 /5th vote and that they would be able to discuss the project but would have to postpone a vote on the issue, most likely until the August 28 meeting, when there would be four members present. Administrator Achen reported that preliminary results from Twin City Testing indicate a vein of peat to depths of 45 feet in the three lots under question. Pilings would be required for development, and although pilings to such depth are not common, Twin City Testing says the technology is well developed and quite feasible, but costly, with an estimate of $10- 14,000 in development costs for the three lots. Administrator Achen outlined seven options Staff had drawn up for the project, on which Council could choose to take action. Administrator Achen also pointed out that construction on the project most likely could not begin until next spring. Councilmember Baumgartner recommended that the property owners involved should get together and discuss the various options and be ready to make a recommendation at the next Council meeting. Lorraine Bodine, 8380 Pleasant View Drive suggested that it might be better to take the land off the tax roles and not allow development at all. Mr. McCarty asked what type of bottom there would be when the City goes through with the sanitary sewer. Councilmember Rowley replied that the feasibility report states that there is ground available to put in the pipes, and that the concern of the City is that the land is developable. Bill Doty, 3049 Bronson asked who would be liable for the homes built on the sites if they started sinking or had water in their basements. Mr. McCarty asked if the City could purchase the property. Attorney Meyers replied that the lots could be subdivided and go back for taxes. Councilmember Baumgartner also stated that the City had approached the property owners a few years ago to buy the property and turn it into a park but that all the property owners but the Kramers and Tobiasons were against it and threatened court action if the City did try to pur- chase the property. Administrator Achen stated that someone will have to pay for the assessments, and if the City does purchase the property, the assessments would be spread out cver the general tax rule. Mrs. Bodine asked if the owners would be more willing to sell their property to the City now. Councilmember Baumgartner replied that the City did not have a park in that area five or six years ago when they asked the property owners if they would be willing to sell, but the City now has 19 acres of land at Silver Lake Road and County Road H2. August 14, 1978 Page 7 Jerry Foss asked if the services could be looped. Administrator Achen replied that the water could possibly be looped but that the sewer couldn't. Councilmember Rowley stated that the project had been discussed several times already and that she would like to see the property owners and developers study the issue and make recommendations to the Council. She pointed out that the project could not be ordered for this year, which would allow them time to study the issue and set a future date for a decision. MSP (Hodges- Baumgartner) to continue the hearing until October 24, 1978 at 7:40 PM for the preliminary plat and rezoning, and also continue the Dailey Knolls hearing. 3 ayes Administrator Achen pointed out that input should be received by October 10 in order to have it on the October 24 agenda. Acting Mayor Hodges closed the public hearings and reopened the regular meeting. NORTHCREST PARK FINAL PLAT AND DEVELOPMENT AGREEMENT Acting Mayor Hodges reported that Staff has recommended the developer provide some security to cover the first 3 -5 years of special assessments in case development does not proceed as rapidly as hoped. Mr. Beim stated that the only point he disagreed on was the park dedication fee. He stated that both the Park and Recreation Department and Planning Commission have recommended that he pay a $53,000 park dedication fee, and that he felt it was an unfair charge since the City had changed the Comprehensive Plan and forced him to develop according to their plans. He added that he would be willing to pay a $7,000 park dedication fee to avoid the cost of a lawsuit. Councilmember Baumgartner replied that the City did not force the developer to rezone, and that when the City was working on the Comprehensive Plan three years ago, Mr. Beim and his architect were present at the meetings and offered their suggestions, and then came in with their development concept of Northcrest Park. Mr. Beim stated that he has based the plan on the Comprehensive Plan. Administrator Achen replied that if Mr. Beim had not liked the proposed rezonings and Comprehensive Plan, he could have objected before it was approved. Mr. Beim replied that he is protesting the $53,000 fee, not the zoning. Administrator Achen stated that the City and Park Commission did not feel that a hard- ship was placed on the developer. Mr. Beim asked if it would be possible to spread the dedication out over a period of years. Attorney Meyers replied that it had been done in the past. Administrator Achen stated that Staff has recommended the developer provide some security to cover the first 3 -5 years of special assessments in case the development does not proceed as rapidly as planned. Mr. Beim asked if the land itself was security for the assessments. Administrator Achen replied that the City would have to sell the lots to make the bond payment but that the lots could not be sold in time to make the payment, if the development did run into trouble. Attorney Meyers added that the City does need some additional assurance. August 14, 1978 Page 8 MS (Hodges- Baumgartner) to adopt Resolution No. 918 approving the Northcrest Park final plat and Resolution No. 919 authorizing execution of a development agreement requiring payment of the park fund dedication of $53,000 in four equal installments, commencing July 1, 1979 and each July 1 thereafter until fully paid, and that financial security be posted to guarantee the payment of the first five annual installments on the pending special assessments for Public Improvement Project 1978 -3. Councilmember Baumgartner pointed out that the park fund dedication from Programmed Land was in four equal installments and that he would like to see the same guidelines followed. Dan Boxrud of Short Elliott Hendrickson stated that the curb and gutter and side- walks and blacktop would not be completed until July of 1979. Administration Achen reported that Mr. Beim had inquired previously if it would be possible to start development on the property before completion of the improvements, and that he had told him the City would have to be assured the improvements would be paid for, and would most likely be in favor of it since it would provide for more timely payment of the assessments. Councilmember Baumgartner replied that he would have a problem with that as he could foresee the Fire Department not being able to get into the development in case of a fire if the roads were not in. Administrator Achen stated that he felt partial payment should be required at the time the plat is filed, as is MSP (Rowley- Baumgartner) to amend the motion to require dedication be paid by October 1, 1978 and the remainder on each October 1 thereafter, until fully paid. Original motion passed as amended. of the park dedication fee required of other developers. that 25% of the park fund in three equal installments 3 ayes 3 ayes PINECREST ADDITION VACATION OF RAYMOND AVENUE MSP (Hodges Baumgartner) to adopt Resolution No. 920 vacating Raymond Avenue within the Pinecrest Addition plat (proposed Northcrest Park). 3 ayes PROJECT 1978 -3 PHASE 1 NORTHCREST PARK Administrator Achen presented the plans and proposed improvements for Project 1978 -3, Phase I. Mr. Boxrud stated that they are planning on putting in the pipes and streets and rough grading yet this year and finishing the improvements in the spring, and that weather will be a big factor in the timing. Councilmember Baumgartner asked what amount of money would be involved in buying the O'Connell property for the improvements to go through. Attorney Meyers replied that it would have to go for market value and that the cost of condemnation would be assessed back to the project. MSP (Baumgartner- Hodges) to accept and approve the plans and specs and advertise for bids with a bid opening date of September 8, 1978, at 11:00 AM. 3 ayes August 14, 1978 Page 9 BONO SALE CONCEPT APPROVAL Seegar Swenson explained that the bond interest rate has been raising the past year until just the past few weeks and that the financial world is not sure if the interest rates will continue to go up or come down. He added that he feels this is a good time to set a bond sale. Mr. Swanson explained that the bored issue is for $1,400,000, to include Projects 1975 -4, 1977 -2, 1978 -3 and 1978 -4, with total construction costs amounting to $972,372, land acquisition amounting to $125,000, engineering, legal and fiscal fees $161,295, contingency $5,845, capital interest $125,541, and bond discount- $24,947, totaling the $1,400,000. Mr. Swanson also presented the planned maturity of the bond. Administrator Achen reported that the bond sale in addition to financing Projects 1978 -3 and 1978 -4 will provide permanent financing for Projects 1975 -4 and 1977 -2 which have already been completed. MSP (Baumgartner Rowley) to adopt Resolution No. 921 authorizing the sale of $1,410,000 improvement bonds and setting a bid opening date of 8:00 PM, September 11, 1978. Administrator Achen recommended that the City take the necessary steps to continue their bond rating, and that Moody's provides a rating for all bonds that are sold and that the rating is used by the bidders to rate how safe the bonds are. Mr. Swanson added that the fee for the rating by Moody's would be approximately $1,000, which would be assessed back to the project. MSP (Baumgartner Rowley) to authorize the Clerk /Administrator to sign a contract with Moody's Investor Service to continue the bond rating for the comrunity. GALE ADDITION APPEAL OF FAIRCHILD EXTENSION DENIAL Mr. Gale, 8227 Groveland Road stated he was protesting the City's decision to deny the extension of Fairchild and stated that he and his neighbor now have land that is considered dead. Councilmember Rowley pointed out that the extension was denied because the cost of the improvements to the two lots made it prohibitive. Councilmember Baumgartner stated that the matter had been discussed at the Planning Commission meeting and that there was an existing easement running between LaPort and Ardan, of 30', and that Ken Sjodin had suggested a 30' easement to the west of the property line but that Bill Werner and others present had objected to having a read put through for esthetic reasons and so forth. He added that the cost of a cul -de -sac and utilities would probably be close to the cost of putting the road through, and that either would be prohibitive to the two property owners. He added that Mr. Gale should have been present at the public hearing to voice his opinion then. Mr. Gale stated that he had never received notice of the hearing, nor had his neighbor. Administrator Achen checked the records and reported that notices had been sent to both Mr. Gale and his neighbor and that neither notice had been returned. Mr. Gale stated that he would like to grant a 30' easement to put in a dead end street for the two lots, coming in from LaPort. Administrator Achen recommended that the property owners check into the cost and feasibility of putting in a Ueda end street and then come up with a plan and present it to the Council. 3 ayes 3 ayes August 14, 1978 FARMERS MARKET GUIDELINES Administrator Achen outlined the proposed guidelines for the Farmers Market, that the people register and be assigned stalls or parking spots on the day of the sale, that no admission fee would be required, small truck farmers would be welcomed as they would compliment the local sellers, that Thursday be the day of the market, a letter be distributed to each of the people participating in the market, no licensing be required, hours be from 2 :30 to 6:30 PM, the parking lot is left in a neat and orderly fashion, and advertising for such a program be very low key and geared strictly for the Mounds View residents. Councilmember Baumgartner asked if someone from a truck farm would be able to bring their produce in to sell. Administrator Achen replied that they could and added that the advertising will be geared to Mounds View residents but that they would not discriminate against non Mounds View residents. Councilmember Baumgartner pointed out that Pastor Enterprises and Penny's Supermarket had written to the City saying they were not in favor of the market, and that he was not in favor of allowing small truck farmers. He added that he would like to see it strictly for Mounds View residents. He also asked what would happen if some of the produce bought was bad. Administrator Achen replied that it would be up to the individual if they wanted to bring it back. Councilmember Rowley stated she would like to see the market start out strictly for Mounds View residents and then perhaps expand. MSP (Baumgartner- Hodges) to approve the Farmers Market Basic Procedures, with tie. exception of Item 3, as presented in the memo from the Park Director to the City Administrator, dated August 8, 1978. 3 ayes MSP (Baumgartner- Hodges) to amend the previous motion to include that participation in selling at the Farmers Market will be limited to Mounds View residents. 3 ayes LAMBERT PARK SHELTER BUILDING RELOCATION Administrator Achen reported that the Park Director has requested approval to move the shelter building at Lambert Park approximately 225' to the north, to best utilize the existing site for a new tot lot, and has requested authorization of a $950 expenditure to relocate the building. Administrator Achen stated that it is his recommendation that the expenditure be made from the Park and Playground Fund even though there are not sufficient park dedications to date to cover the cost, since they expect to receive part of the Northcrest Park dedication fee, which would cover the expenditure. MSP (Baumgartner- Hodges) to relocate the shelter building to the proposed location and have the cost assessed to the City general fund contingency for the reasons presented in the Staff report. ADMINISTRATOR ACHEN'S REPORT Administrator Achen reported that the Street Seal Coating Project 1978 -7 ran into difficulties, with the public works maintenance work schedule falling behind because of all the rains and street patching was not completed in time for seal coating. Negotiations were made with the contractor, Allied Blacktopping, to do the necessary Page 10 3 ayes August 14, 1978 Page 11 OffiN patching for $5,800 in addition to the seal coating contract. The work is now complete except for sweeping. MSP (Baumgartner Rowley) to amend in retrospect Project 1978 -7, Street Seal Coating, with the addition of $5,800 for street repair. 3 ayes Administrator Achen reported that the International Union of Operating Engineers Local No. 49 has requested that the city agree to include the mechanic's position in the bargaining units. Mechanics in other Local 49 municipalities are in this unit and the State Bureau of Mediation Services will undoubtedly grant the request regardless of what the City does. MSP (Baumgartner Rowley) to authorize the Clerk /Administrator to join with Local 49 in petitioning the Bureau to redefine the bargaining unit to include the mechanic. 3 ayes Administrator Achen reported that Project 1978 -4, Mounds View Industrial Park 2 received Council authorization for the preparation of plans and specs at the July 11 meeting, and that due to the City Engineer leaving and the heavy workload, the bid opening is now scheduled for September 8, 1978. MSP (Baumgartner Rowley) to set the bid opening date for September 8, 1978 at 11:30 AM on Project 1978 -4. 3 ayes ATTORNEY MEYERS' REPORT Attorney Meyers had no report. COUNCILMEMBER ROWLEY'S REPORT Councilmember Rowley pointed out that the City has had ;,rouble with people saying they did not receive legal notice of public hearings and asked if there was any way of double checking to make sure they receive them. Administrator Achen replied that the only way would be to send each notice registered mail, which would be extremely expensive. Councilmember Baumgartner stated that it might be worth the cost of sending the legal notices by certified mail to insure that the people do get them. COUNCILMEMBER BAUMGARTNER'S REPORT Councilmember Baumgartner reported that the Planning Commission would be meeting on August 23 at 7:30 PM. ACTING MAYOR HODGES' REPORT Acting Mayor Hodges had no report. MSP (Baumgartner Rowley) to adjourn the meeting at 11:45 PM. Re pectfullysubmitted, 6t. wL Z.C41 Mark Achen Clerk /Administrator 3 ayes