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HomeMy WebLinkAboutMinutes - 1978/09/11CONSENT AGNEDA September 11, 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 Councilmember, any item can be removed from the consent agenda and placed upon the regular agenda for debate. ITEM A. Authorize George M. Hansen Company to perform an audit of the various funds of the city as of. December 31, 1978, at a fee not to exceed $4,250. ITEM B. Set public hearing for 7:20 PM, Monday, October 2, 1978, on the 1979 Budget and the proposed uses of Federal Revenue Sharing entitlement funds. ITEM C. Receive the Analysis of the City of Mrunds View Water System prepared by Consulting Engineers Diversified, Inc., and authorize payment according to contract. ITEM D. Acknowledge completion by Allied Blacktop Co. of Improvement Project 1978 -7, Street Seal Coating, and authorize payment according to contract. ITEM E. Set assessment hearing for 7:10 PM, Monday, October 2, 1978, on Improvement Project 1977 -2, Bona Road street, sewer and water. ITEM F. Adopt Resolution No. 926 acknowledging satisfactory completion of Development Agreement 77 -12 for construction of a duplex at 5311 Edgewood Dirve by Sunnyside Builders and authorizing release of the posted financial security. ITEM G. Approve the September 11, 1978, bills for payment. ITEM H. Approve the following licenses: BOWLING ALLEY new, expires 12/31/78 Mermaid 2200 Highway 10 CONTRACTORS expire 6 /30/79 General new R. H. Romers Construction 1605 Excelsior Ave. Floodmaster Engineering Corp. 1545 Selby Ave. General renewal Professional Roofing Service 7257 Yucca Lane Future Fence 1409 105th Ave. N.E. 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 Mayor Pickar at 7:30 PM on Monday, September 11, 1978 at the Mounds View City Hall, 2401 Highway 10, Mounds View, Minnesota 55112. Members Present: Also Present: Mayor Pickar Councilmember Baumgartner Councilmember Hodges Councilmember Ziebarth Clerk /Administrator Achen Attorney Meyers Mayor Pickar stated that Councilmember Rowley was absent due to illness. MSP (Baumgartner Ziebarth) to approve the minutes of the regular meeting of August 28, 1978 as presented. Mayor Pickar stated he was abstaining on the vote since he was absent from that meeting. MSP (Hodges Pickar) to approve the minutes of the special meeting of September 5, 1978. CITIZEN COMMENTS AND REQUESTS Ken Beach, 7041 Pleasant View Drive stated that he was engaged in medical research and had temporarily run out of space and would like permission to put a small trailer on his property. He stated his lot is 100' by 500' deep and that the trailer would be approximately 30' by 8' wide and would be stripped except for electrical and water services. He added that he had been involved in research for 15 years and was working on a project to aid in treating heart disease and needed the :.pace to continue his research. Mayor Pickar asked if Mr. Beach had appeared before the Planning Commission yet, Mr. Beach replied that he hadn't. Attorney Meyers read from Chapter 43, which regulates mobile home permits. Mayor Pickar added that Mr. Beach should first fill out an appli- cation with the City and then appear before the Planning Commission before the Council could act on his request. Councilmember Ziebarth asked how long Mr. Beach would require the temporary permit. Mr. Beach replied that he hopes to complete his project within a year or so, and badly needs the space right now. He added that he is doing both animal and people research, but would not be testing them on his property. Councilmember Ziebarth stated he had a problem with granting a temporary permit which could be for a year and stated that they must remember the other people who live in the area. He added that he would have to look into the situation a little deeper before he could make a decision. 3 ayes 1 abstain 4 ayes September 11, 1978 Page 2 Councilmember Baumgartner also pointed out that Mr. Beach would have to go through a formal application with the City and appear before the Planning Commission before the Council could act on it. Attorney Meyers added that a permit would be required and rezoning might also be required. Mayor Pickar recommended that Mr. Beach come in and fill out an application with the City. Neil Loeding, 5046 Longview Drive stated that in reference to his previous request for corrections to the minutes, he would like to tape record portions of the meeting. Mayor Pickar replied that it was the Council's perogative and that they would not allow it. Mr. Loeding stated he would like action taken on the corrections he had previously submitted to the Council. Administrator Achen explained that the Council had previously received two sets of suggested corrections to Council minutes from Mr. Loeding, some dating back to February of 1978. Councilmember Ziebarth stated that if there was going to be a problem with the minutes at every meeting, as far as corrections being requested, the Council should decide policy -wise how to handle the issue. He added that he had looked over the suggested corrections and agreed that some factual information was misstated but at the same time there were several items that he questioned as to if they should be changed or corrected. He added that he does not want to get into a court reporter situation. Mr. Loeding stated he would like his corrections made a matter of public record if they are not acceptable as corrections. Mayor Pickar replied that they will be put on the agenda for the next agenda session. He added that he does not necessarily agree with the corrections that have been suggested. Councilmember Baumgartner pointed out that the suggested corrections from Mr. Loeding are a matter of public record and are available at City Hall upon request, since they were part of the minutes of the August 28 meeting. Mayor Pickar stated that the discussion would be continued after the scheduled items on the agenda. PUBLIC HEARING REZONING OF 2291 KNOLL DRIVE TO R -2 MSP Pickar- Ziebarth) to postpone the hearing until 7:40 PM on October 23, 1978 because of inadequate legal notice at this time. 4 ayes BID OPENING SALE OF $1,410,000 IMPROVEMENT BONDS, SERIES 1978 Seegar Swanson of Ehlers and Associates stated that four bids were received on the bond sale and read the bids. The bid from BANC Northwest had a net interest cost of $489,695.01 and net interest rate of 5.282578; Continental Illinois National Bank had a net interest cost of $494,112.50 and net interest rate of 5.33023; the bid from First National Bank of St. Paul had a net interest cost of $491,894.00 and net interest rate of 5.30629; and the bid from Kirchner, Moore Co. had a net interest cost of $491,210.00 and net interest rate of 5.298921. Mr. Swanson stated that the A rating for Mounds View had been continued by Moody's and presented a summary of the net interest rate for other bonds sold within the past week in Minnesota. He added that he would recommend accepting the best bid, and presented a copy of Resolution #927. September 11, 1978 Page 3 MSP (Hodges Ziebarth) to adopt Resolution #927, relating to $1,410,000 improvement bonds, series 1978. 4 ayes Mayor Pickar asked if the City had received a favorable selection of bids. Mr. Swanson replied that he felt they had and that he feels bidding is much stronger now that it had been in the past few weeks. Mr. Swanson read Resolution #928, which sets forth the details that go into the bond. MSP (Pickar- Baumgartner) to adopt Resolution #928 relating to the $1,410,000 bond sale. 4 ayes CITIZENS COMMENTS AND REQUESTS (CONTINUED) Mr. Loeding asked if the assessment procedure for the bonds can be changed later on. Mr. Swanson replied that if a property owner could prove that he was unrightfully assessed, he could request a change. Mr. Loeding asked why the City was charging an 8% interest rate when they were only paying 5.3 Mr. Swanson replied that the City is paying 5.28% and that the owners are being assessed 8% interest on the unpaid balance, which assures the City that they will always have the funds to pay for the bonds as some property owners do pay their assessment in full and thus do not pay any interest at all. He added that studies 'ave been done and in the long run they usually break about even and do not make money on the interest rate. Jean Miller, 2291 Hillview Road, asked when the receipts and disbursements of the SDM fund would be published. Administrator Achen replied that the City has never published receipts and disbursements for any funds. However, all disbursements are part oi' each Council meeting minutes and the annual financial statement summarizes income and expenses for each fund. Mrs. Miller stated she lives approximately 1500 feet from the property at 2291 Knoll Drive and received a notice of the public hearing but that the people who live next to the property did not receive one. Mayor Pickar replied that the legal notices were not properly sent, which is why the hearing was continued, until they can be sent again. Administrator Achen added that the City always sends them to more than just the required people. Peter Sargent, 2268 Knoll Drive,stated that the Task Force had presented their preliminary guidelines to the Council in May but had not received a response. Mayor Pickar replied that the Council had reviewed the guidelines from the Task Force but could not reach a concensus on them. He added that they had sat in on Task Force meetings and discussed the guidelines and pointed out several times that the guidelines for the Task Force were spelled out in the resolution that established the Task Force., He also added that the Task Force is dissolved at this time and again pointed ouL that the guidelines are spelled out in the original resolution that established the Task Force. Mr. Sargent asked what Project 1978 -1 included and stated that he felt dumb because he had never checked to see exactly what 1978 -1 is. He added that he feels there is a $1,000,000 discrepency in the figures on the project. Mayor Pickar replied that the best way to get the dollar figure question answered would be to put it in writing to the Council or City Administrator since they do not have the figures before them now. September 11, 1978 Page 4 Mr. Sargent asked if there was a document for Project 1978 -1. Mayor Pickar replied that Administrator Achen has the original copy of the engineer's feasibility report. The Task Force did receive copies of engineer's storm drainage study which was the basis for the feasibility report. Bill Doty, 3049 Bronson Drive, asked why Counciimember Hodges adopted Resolution No. 922. Councilmember Hodges replied that he had made the motion to adopt Resolution No. 922 as he felt the resolution would return the responsibility back to the local government, as these were judgements the City, not the State, should make. Councilmember Ziebarth explained that Mr. Doty was referring to the binding arbitration issue which will be going before the Supreme Court and stated that the issue boils down to whether a negotiating group has a bargaining advantage, in the sense that there is really no inclination for them to agree to terms with the City if they know they can go to binding arbitration. He added that it does not mean the City will have the upper hand, but just gives us the option to go to binding arbitration or allow the employees to strike. He added that they must try to balance the situation somehow. Councilmember Baumgartner added that he agrees with Councilmember Ziebarth. Mr. Doty stated that the issue had gotten past him when it was discussed at the previous Council meeting and questioned why Mounds View was joining with Richfield in their situation. Councilmember Ziebarth stated that when the City is over budget, as was the result of the Local 320 arbitration award, the money must come from some other place in the budget. Mr. Doty asked if the budget was set yet. Councilmember Ziebarth replied that it was set last year and that the raises are retroactive to January 1, 1978. Councilmember Ziebarth also pointed out that more than just salaries are involved, as benefits are also increasing. Mr. Doty asked if the City could pull back and not give the police what the other cities are. Councilmember Ziebarth replied that they couldn't as they bargain as a unit. He added that he does not want to lay off policemen but if the City is required to pay more to more people, they must lay of somewhere. Mr. Doty asked what the cost will be to Mounds View to go to court with Richfield. Counciimember Hodges replied that it will be $100. Mr. Loeding asked why the Council had rejected a storm sewer project from 1971. Councilmember Baumgartner noted that the Task Force had stated that the City decided not to apply for federal funding even though 50% funding was available from HUD. He added that the minutes from that time state that there may have been some funding availa- ble, not that 50% was available. Mr. Loeding replied that he had received his information from an independent resource that HUD did have the funding available. Councilmember Baumgartner asked who that scurce was. Mr. Loeding stated he would not reveal it. Councilmember Ziebarth added that he also interpreted the minutes that there may possibly have been some funding available, not that there was 50% funding. Mr. Loeding asked Councilmember Hodges for his comments since he had been present at that meeting. Councilmember Hodges replied that the meeting was over six years ago and that he couldn't recall the discussion. Mr. Loeding asked if Lhere is an annual financial statement from the City. Mayor Pickar replied that there is an annual statement which is available to anyone upon request. Councilmember Baumgartner added that it is an audited statement, and Pdministratnr Achen stated that it is generally available in April or May. Mr. Loeding asked what the guidelines or City policy is regarding development in the City. September 11, 1978 Mayor Pickar replied that he could not define the policy as there are ordinances, laws, the City Administrator and City Attorney, and many other things which determine the policy, and that each case is addressed individually. Mr. Loeding asked what type of development is being solicited. Mayor Pickar replied that they follow the Comprehensive Plan. Councilmember Baumgartner added that anyone can look at the zoning map and that it is used as a guideline to development. Duane McCarty, 8060 Long Lake Road, asked how receipts are separated out. Administrator Achen replied that separate accounting records are kept for each fund. Mr. Sargent stated that he feels very difficult to come to the Council meetings since he feels embarassed when he asks the Council questions since they make him feel uncom- fortable. Mayor Pickar replied that a very important point was being missed that is quite obvious, that not all the questions are directed for information or betterment but that a lot of them are harassment type questions. Mayor Pickar also stated that the Council is more than willing to answer questions when they desire information, but not when they just want to sharp shoot. Mayor Pickar stated that they would continue with the scheduled items n the agenda and return to citizens comments later. APPROVAL OF CONSENT AGENDA MSP (Baumgartner- Hodges) to approve the consent agenda as follows: ITEM A. Authorize George M. Hansen Company to perform an audit of the various funds of the city as of December 31, 1978, at a fee not to exceed $4,250. ITEM B. Set public hearing for 7:20 PM, Monday, October 2, 1978, on the 1979 Budget and the proposed uses of Federal Revenue Sharing entitlement funds. ITEM C. Receive the Analysis of the City of Mounds View Water System prepared by Consulting Engineers Diversified, Inc., and authorize payment according to.contract. ITEM D. Acknowledge completion by Allied Blacktop Co. of Improvement Project 1978 -7, Street Seal Coating, and authorize payment according to contract. ITEM E. Set assessment hearing for 7:10 PM, Monday, October-2, 1978, on Improvement Project 1977 -2, Bona Road street, sewer and water ITEM F. Adopt Resolution No. 926 acknowledging satisfactory completion of Development Agreement 77 -12 for construction of a duplex at 5311 Edgewood Dirve by Sunnyside Builders and authorizing release of the posted financial security. Page 5 4 ayes September 11, 1978 ITEM G. Approve the September 11, 1978, bills for payment. ITEM H. Approve the following licenses: BOWLING ALLEY new, expires 12/31/78 Mermaid 2200 Highway 10 CONTRACTORS expire 6/30/79 General new R. H. Romers Construction 1605 Excelsior Ave. Floodmaster Engineering Corp. 1545 Selby Ave. General renewal Professional Roofing Service 7257 Yucca Lane Future Fence 1409 105th Ave. N.E. IMPROVEMENT PROJECT 1978 -3 CONSTRUCTION CONTRACT Dan Boxrud of Short Elliott- Hendrickson stated that ten bids were received on the project, which ranged in price from $776,291.90 to $1,024,000.00, with the low bid being received from Barbarossa Sons. He stated that the low bid was $52,597 under the estimate of $821,838 and recommended that Council award the project to the low bidder. MSP (Pickar- Hodges) to accept the bid of Barbarossa Sons, with a base bid of $776,291.90. Councilmember Baumgartner asked if the Wooddale option should also be approved. MSP (Pickar Ziebarth) to amend the previous motion to accept the Wooddale option of $2949.00. IMPROVEMENT PROJECT 1978 -4 CONSTRUCTION CONTRACT Mr. Boxrud stated that the low bid on Project 1978 -4, of Barbarossa Sons is $29,778 over the estimated cost of $118,450 made by the City Engineer last July. He stated that several factors were involved, such as the small size of the project, the require- ment that it be completed in 1978, and soil conditions. Attorney Meyers stated that it would be advisable to readvertise for bids since the bids received exceeded the engineer's estimate by such a great percentage. Mr. Boxrud stated he did not believe they would get much better bins, and pointed out that the first three bids were very close. Administrator Achen added that the speci- fications should be changed enough to warrant the rebidding and recommended that the project competion date be extended to 1979. He added that any additional cost to rebid would have to be borne by those being assessed. If the property owners are willing to guarantee payment of assessment, these bids could be accepted. Attorney Meyers stated that if the affected owners execute waivers stating they do not object to the overrun, the project could be ordered. Mr. Boxrud added that he felt the project could be completed in 60 days, which would not present a problem for this construction season. Page 6 4 ayes 4 ayes September 11, 1978 Page 7 MSP Pickar- Ziebarth) to postpone action on Project 1978 -4 awarding of the construc- tion bid until the September 25 meeting. 4 ayes Mayor Pickar explained that he would like to have those property owners involved contacted, for their input. FOUR PLEX RESIDENTIAL DEVELOPMENT 7640 WOODLAWN DRIVE Walter Kocemba of Omega Management presented a plan of the proposed development and added that he had received approval from the Planning Commission the previous spring but due to financial problems had not come before the Council right away. He added that the proposed development conforms to all code requirements, and will be an all stucco building. Mayor Pickar stated that the Planning Commission had wanted to reduce the curb cut to 22' on Woodlawn. Mr. Kocemba replied that he had spoken to Official Rose and had agreed to the 22' cut. Mayor Pickar also pointed out that Staff has recommended a development agreement be entered into. Mr. Kocemba replied that he had also spoken to Official Rose on that and agreed to everything. Mayor Pickar stated that the City would prefer that concrete curbing be put in. Mr. Kocemba replied that he would agree to it. MSP (Baumgartner Hodges) to adopt Resolution #929, authorizing the City to enter into a development agreement with Omega Management, Inc., with the requirements as stated in the February 28, 1978 Planning Commission meeting minutes, with the exception that concrete be used rather than asphalt curbing. 4 ayes Councilmember Ziebarth pointed out that the Planning Commission did not mention the dumpster in their motion. Administrator Achen replied that it is in the site plan and the site plan will automatically be an exhibit to the development agreement. ADMINISTRATOR ACHEN'S REPORT Administrator Achen stated that the Council had received a memo from the Police Chief regarding a liquor law violation at the Launching Pad. Attorney Meyers explained that there was an accident at the Launching Pad and two people were injured who were under age. He added that a citation has been issued to the Launching Pad, and recommended that the Police Chief keep the Council informed of the situation. Administrator Achen reported that the Mermaid Bowling Center opened for business September 5 and the amenities required by the City are to be completed by September 30, with most of them being completed already. Administrator Achen reported that building permits were issued this week for the Midway Supply and MASCO Northcentral industrial developments. Administrator Achen reported that the arbitrator awarded in the union's favor on the Local No. 49 vacation grievance, and that those employees will be eligible for three weeks of vacation after five years of service, rather than six years. September 11, 1978 Page 8 Administrator Achen reported that the grant monies from LAWCON for the purhcase of additional acreage at Silver View Community Park will be received shortly, and recommended the Council authorize the Attorney to consummate the purchase of the 19 acres originally planned. MSP (Baumgartner Ziebarth) to authorize the Attorney to commence negotiations for the purchase of 19 acres for Silver View Community Park. Attorney Meyers reported that the city had the property appraised. He has called the owners and indicated to them that the City is prepared to purchase the property at this appraised value. dministrator Achen reported that the League of Minnesota Cities is holding a regional meeting in Brooklyn Center on November 1 and asked who would be able to attend. Councilmember Ziebarth stated that he planned on attending. ATTORNEY MEYERS'REPORT Attorney Meyers reported that negotiations are underway with Mr. O'Connell for the right of way on his property for Project 1978 -3. He added that they have ordered an appraisal of the property. Attorney Meyers reported that the Laxman Sundae civil rights case involving the police department has been set for October 16 in federal court. Attorney Meyers reported that the municipal court upheld the truck parking ordinance once again. He added that James Refrigeration has filed for a declaratory judgment in the Burger Tower special use permit case. It will probably be herad in the next six to nine months. COUNCILMEMBER HODGES' REPORT Councilmember Hodges stated that he has the Suburban Youth Service Bureau quarterly report available if anyone would like to look at it. COUNCILMEMBER BAUMGARTNER'S REPORT Councilmember Baumgartner reported that the Planning Commission will be meeting on September 13 at 7:30 PM. He also reported that he will not be present at the October 23 Council meeting as he will be attending a seminar at the University of Wisconsin. Councilmember Baumgartner asked for an update on the budget sessions. Administrator Achen replied that the only session that has been set so far is on September 14 at 7:30 PM, and that they will probably work on them at the next agenda session. COUNCILMEMBER ZIEBARTH'S REPORT Councilmember Ziebarth stated that he would be late for the September 18 agenda session as he has an open house at school. 4 ayes September 11, 1978 Page 9 MAYOR PICKAR'S REPORT Mayor Pickar had no report. CITIZENS COMMENTS AND REQUESTS (CONTINUED) Mr. Loeding asked the advantages of an industrial revenue bond versus a general bond. Attorney Meyers replied that the Legislature has allowed municipalities to issue tax free bonds to encourage business in the cities, and that the type of bond is solely dependent upon the type of business. He added that Projects 1978 -3 and 1978 -4 are not industrial revenue bonds, and that industrial revenue bonds have nothing to do with public improvement projects. Mr. Loeding stated he felt there was a de facto policy to encourage development with industrial revenue bonds. MSP (Ziebarth- Hodges) to adjourn the meeting at 10:22 PM. Respectfully submitted, 1,6 87,t4,1 Mark Achen Clerk- Administrator