HomeMy WebLinkAboutMinutes - 1980/05/271. Call to Order
2. Roll Call
3. Approval of Minutes: March 24, 1980
May 12, 1980
4. Residents requests and comments from the floor
CITIZENS: BEFORE SPEAKING, PLEASE GIVE YOUR FULL
NAME AND ADDRESS FOR THE MINUTES
5. Approval of Consent Agenda
City Council Meeting
City of Mounds View
May 27, 1980
A G E N D A
Item A. Ardan Avenue Ditch Cleaning Contract Approval
B. Approval of Amendment to Contract with Northwest Associated
Consultants, Inc.
C. Amendment to Resolution 1057 Interim Period Compensation
D. Denial of Compensation Request of 8339 Knollwood Drive
E. Approve installation of "NO PARKING" sign on Woodlawn Drive
F. Set Public Hearing for Metropolitan Waste Control Commission
for Relocation of Building
G. Appointment of Part -time summer work for Public Works Department
H. Adoption of Resolution 411110 Approving Development Agreement
80 -33 Regarding the Water Improvement by Glenn Karlen
I. Adoption of Resolution 111113 Approving Development Agreement
80 -34 Regarding the Sewer and Water Improvement by Leonard Kremer
J. Adoption of Resolution #1111 Approving Securities Provided by
the City's Official Depository
K. Approval of Waiving Softball Fees for Moose Lodge
L. Adoption of Resolution 111114 Approving Application for 1980 -81
LAWCON Funds
M. Licences for Approval
N. Bill for Payment Resolution 411112
6. Public Hearing 8:00 p.m. Tax Exempt Mortgage for Wolf and Associates, Inc.
7. Public Hearing 8:10 p.m. Variance Appeal of Thomas J. Johnson
at 8025 Red Oak Drive
Agenda
2 May 27, 1980
8. Edgewood Jr. High Joint Powers Agreement
9. Review of Project 1978 -9 Progress and Specifications
10. Approval of Contract Amendment for Project 1980 -3 Seal Coating
11. Report of Building Zoning Official
1�. Report of Attorney
13. Report of Administrator
14. Reports of Councilpersons
15. Adjournment
CONSENT AGENDA
May 27, 1980
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 remove from the consent agenda and placed
upon the regular agenda for debate.
ITEM A: Approve Contract with Virgil Beyer. to Clean Ardan
Avenue Ditch in the Amount of $350.00. Authorize
the Mayor and Clerk signatures for Execution of
the Contract. Copy is attached.
ITEM B: Approve Amendment to Northwest Associated Consultants,
Inc. Contract not to Exceed an Additional $3000.00
or a total of $10,684.97. Authorize the Mayor and
Clerk signatures for Execution of the Amendment. Copy
is attached.
ITEM C: Adopt Resolution 1109 Regarding Interim Compensation
for the Parks, Recreation, and Forestry Director,
Finance Director and Building and Zoning Official.
ITEM D: Denial of Compensation Request of 8339 Knollwood in
Letter dated May 2 from Stephen and Connie Lauterbach
in the amount of $399.76.
ITEM E: Approve Installation of NO PARKING" Signs 25 Feet
North of 7640 Woodlawn Drive lot line and 5 Feet
South of the Driveway of 7636 Woodlawn Drive.
ITEM F: Set Public Hearing at 8:00 p.m. on June 9, 1980 for
Metropolitan Waste Control Commission Regarding
Relocation of a Building.
ITEM G: Appoint Lloyd Scott, Jr. for part -time Summer Help
in the Sewer Department. The rate shall be $4.00
per hour not to Exceed 100 Eight hour Working Days.
ITEM 11: Adopt Resolution #1110 Approving the Execution of
Development Agreement 80 -33 by the Mayor and
Clerk- Administrator.
ITEM I: Adopt Resolution #1113 Approving the Execution of
Development Agreement 8u -34 by the Mayor and
Clerk Administrator.
ITEM J: Adopt Resolution 41111 Approving the Securities
Provided by thu City's Oft:iui.al Depository.
Consent Agenda 2 May 27, 1980
ITEM K: Approve the Waiving of Softball Fees for Field
Rental for Softball Tournament on June 7 -8, 1980
for the Spring Lake Park Moose Lodge Benefit
Tournament.
ITEM L: Adopt Resolution #1114 Requesting Release of 1980
LAWCON Funds and to Restore the 1981 LAWCON Funding
Level.
ITEM M: Approve the Following Licenses thru the period:; noted:
Garbage Hauling License expire 3/31/81
Walter's Disposal Service, Inc. Renewal
2830 101st Avenue N.E.
Blaine, Minnesota 55434
Woodlake Sanitary Service, Inc. Renewal
3800 Restwood Road
New Brighton, Minnesota 55112
Larry's Quality Sanitation Renewal
17210 Driscoll St. N.W.
Anoka, Minnesota 55303
Contractor License expire 6/30/81
Brunn Construction Co., Inc. New
509 4th Avenue N.W.
New Brighton, Minnesota 55112
Amusement Devices License expire 12/31/81
Twin City Novelty Co. Renewal.
9549 Pena, Avenue S.
Minneapolis, Minnesota 55431
ITEM N: Adopt Resolution #].112 Apf Fills for Payment
Attached.
The Mounds View City Council was called to order at
7 :45 P.M. on May 27, 1980, by Mayor McCarty.
Members Present: Forslund, Rowley, Hodges, Ziebarth,
and McCarty.
Also Present: City Attorney Meyers, Acting Clerk
Administrator Anderson, and Building and Zoning
Official Rose.
PROCEEDINGS OF THE CITY COUNCIL
CITY OF MOUNDS VIEW
RAMSEY COUNTY, MINNESOTA
Ziebarth made a motion to adopt the corrected
minutes (dated Draft Copy #2, 5- 27 -80) and the
motion was seconded by Hodges.
5 -ayes
0 -nays
Corrections:
The motion was carried.
Forslund: Agenda Item #14 (Report of the
Councilmembers), #4 under Forslund's Report
should read as follows:
"The buffer fence located at the apartment
complex on Highway 10 between Sunnyside Raad
and Eastwood is a health and safety threat to
the children of the apartment complex. Due to
their playing and climbing on the fence, a police
report shows an incident where a child was injured
after fallin off the fence unto the homeo
property next to the apartment complex. The fence
is in poor condition and Councilmember Forslund
requests that Council look into requiring a child-
proof fence and that this fence be extended on
the east and west side of the apartment property.
Attorney Meyers suggested to Official Rose that the
initial step would be to review the developer's
agreement to see whose responsibility it is to
maintain that fence."
Forslund made a motion to adopt the minutes
(dated Draft Copy #2, 5- 21 -80) with the noted
correction from Councilmember Forslund. Hodges
seconded the motion.
5 -ayes
0 -nays
The motion was carried.
2401 Hwy. 10,
1. CALL TO ORDER
2. ROLL
DRAFT COPY #1 6 -2 -8
DRAFT COPY #2
6 -6 -80)
FINAL DRAFT (6 -9 -80
Regular Meeting 27, 1980
Mounds View City Hall
Mounds View, MN 55112
CALL
3. APPROVAL OF MARCH 24, 1980
REGULAR MEETING MINUTES
(MOTION CARRIES)
4. APPROVAL OF MAY 12, 1980
REGULAR MEETING MINUTES
(MOTION CARRIES)
MOUNDS VIEW CITY COUNCIL Regular Meeting
May 27, 1980
PAGE 2
Neil Loeding, 5046 Longview Drive,
stated there were no copies of the May 12th
meeting available for him to read. Council
member Ziebarth gave Mr. Loeding a copy.
Ernie Gustafson, 2525 County Road I, expressed
concern regarding the high speed traffic on
County Road I from Highway 10 to Quincy. He
asked Council to consider adding a blacktop
strip for a pedestrian walkway, to make it a
no parking area, and to reduce the speed limit.
Mayo^McCarty directed Clerk- Administrator Ander-
son to inform the police chief of this situation
and also directed Official Rose to get information
to Mr. Gustafson on the proposed sidewalks for this
road.
The regular meeting closed for the public hearing.
The public hearing opened at 8:04 P.M. 6. PUBLIC HEARING -TAX EXEMPT MORTGAGE
FOR WOLF AND ASSOCIATES, INC.
Mayor McCarty informed the audience that a tax
exempt mortgage is allowable by law to the
developer from the city. This gives the developer
a lower cost mortgage but there is no monetary
obligation on the part of the city. The tax
levy, also, may not be used to pay off this
mortgage should the development fail. The Mayor
encouraged remarks regarding this request from
the audience.
There were no remarks from the audience, Staff, or
Councilmembers.
The public hearing closed at 8:OG P.M.
The regular meeting re- opened at 8:06 F.M.
Mayor McCarty reported that Wolf and Associates had
provided their balance sheets (dated March, 1980)for
his review. According to Dave Novack, Sec. /Treasurer
for Wolf and Associates, the records are audited on
a monthly basis, but are not certified until the end
of their fiscal year.
Rowley made a motion to approve the tax exempt status
for Wolf and Associates, Res. #1115. The motion was
seconded by Ziebarth.
3 -ayes The motion was carried.
2 -nays
(Forslund, McCarty)
5. RESIDENTS REQUESTS AND COMMENTS
FROM THE FLOOR
(MOTION CARRIES)
MOUNDS VIEW CITY COUNCIL Regular Meeting
PAGE 3 May 27, 1980
Forslund stated she voted Nay because she
understood the tax exempt financing was made
available to entice industry into out -lying
communities and blighted areas to provide a
broader tax base and provide employment.
She does not feel Mounds View has to be com-
petitive in the area for Industrial Revenue
Bonding and Tax Exempt Mortgages as we are
a community within a large metropolis.
McCarty stated he voted Nay because the balance
sheets were not audited and because, at present,
Council does not have any guidelines for approval
of these projects. He felt this should be addressed
by the Council as soon as possible since it actually
was lending the credit reputation of the city. He
also stated that this was no reflection on the
Wolf and Associates proposal.
The public hearing opened at 8:11 p.m.
The regular meeting closed for the public hearing.
Comments:
Tom J. Johnson, 8025 Red Oak Drive, referred
Council to a map which indicated that the third
and fourth houses north of his residence had
setbacks which would match his proposed setback.
He is appealing to Council because his proposal
is similar to those particular houses and also
because the Planning Commission (5 -5 -80) could
not agree on the actual interpretation of Code
Section 40.05 Subd. C.
Peg Mountin, 8287 Red Oak Drive, stated she did not
feel it was the Planning Commission or the City
Council's intent to create a Code which could not be
applicable to every resident. She, therefore, asked
Council for their remarks on the original intent of
the Code so the Planning Commission could have their input
Cindy Winum, 8028 Red Oak Drive, indicated she lives
directly across from Tom Johnson and that she approves
of his request. She also expressed frustration with
the differing interpretations of Codes from different
(previous) Councils.
Dean Krogh, 8060 Red Oak Drive and Don Swanson,
8039 Red Oak Drive, both indicated their approval
of Tom Johnson's request (neighbors of Mr. Johnson).
Sharon McCarthy, 7760 Long Lake Rd., felt that more
requests of this type would be coming in and that
the rights of the citizens to develop their property,
as well as the right of present citizens, not to
have a neighbor destroy their property values,
needed to be protected by the Council and Mayor.
7. VARIANCE APPEAL OF
THOMAS J. JOHNSON
8025 RED OAK DRIVE
PUBLIC HEARING
MOUNDS VIEW CITY COUNCIL Regular Meeting
PAGE 3 May 27, 1980
Forslund stated she voted NAY because she under-
stood the tax exempt financing was made available
to entice industry into the community. She does
not feel Mounds View has to be competitive in this
area.
McCarty stated he voted NAY because the balance
sheets were not audited and because, at present,
Council does not have any guidelines for approval
of these projects. He felt this should be addressed
by the Council as soon as possible since it actually
was lending the credit reputation of the city. He
also stated that this was no reflection on the
Wolf and Associates proposal.
The public hearing opened at 8:11 P.M.
Comments:
Tom J. Johnson, 8025 Red Oak Drive, referred
Council to a map which indicated that the third
and fourth houses north of his residence had
setbacks which would match his proposed setback.
He is appealing to Council because his proposal
is similar to those particular houses and also
because the Planning Commission (5 -5 -80) could
not agree on the actual interpretation of
Code Section 40.05 Subd. C.
Peg Mountin, 8287 Red Oak Drive, stated she did
not feel it was the Planning Commission or the
City Council's intent to create a Code which could
not be applicable to every resident. She, therefore,
asked Council for their remarks on the original
intent of the Code so the Planning Commission could
have their input.
Cindy Winum, 8028 Red Oak Drive, indicated she
lives directly across from Tom Johnson and that
she approves of his request. She also expressed
frustration with the differing interpretations of
Codes from different(previous) Councils.
Dean Krogh, 8060 Red Oak Drive and Don Swanson,
8039 Red Oak Drive, both indicated their approval
of Tom Johnson's request (neighbors of Mr. Johnson).
Sharon McCarthy,7760 Long Lake Rd.,felt that more
requests of this type would be coming in and that
the rights of the citizens to develop their property,
as well as the right of present citizens, not to
have a neighbor destroy their property vw.ues,
needed to he protected by the Council and Mayor.
The regular meeting closed for the public hearing.
7. VARIANCE APPEAL OF THOMAS J.JOHNSON;
8025 RED OAK DRIVE PUBLIC HEARING
MOUNDS VIEW CITY COUNCIL Regular Meeting
PAGE 4 May 27, 1980
Ken Breske, 2280 Terrace Drive, indicated an
interest in what was going to happen to this
issue since he was planning on developing his
property also.
Councilmember Forslund suggested using the
original words from the original Code
"minimum setback shall be a reasonable average
of the adjacent structures" rather than
es referring to "range
The public hearing closed at 8:52 P.M.
The regular meeting re- opened at 8:52 P.M.
Ziebarth made a motion to table the request for
variance until such time that the Council had
an opportunity to see what kinds of problems
this particular ordinance was creating for the
residents in the community and to determine if
some adjustment in this ordinance (Code Section
40.05 Subd. C.) was warranted. This motion was
seconded by Rowley.
5 -ayes
0 -nays
MOTION WAS CARRIED. (MOTION CARRIES)
Mayor McCarty amended the motion to include:
The Council referred this to the Planning Commision
for them to address at their June 4th meeting. The
Council asked them for recommendations and alterna-
tives for the setback requirement in an effort to
alleviate some problems caused by this Code. This
was seconded by Hodges.
5 -ayes AMENDMENT TO THE MOTION WAS CARRIED.
0 -nays
The Council will address this issue at their June 9th
regular meeting.
Councilmember Hodges presented the American
flag to Donna Bowman, Chairperson of the
Lakeside Park Commission, and Jay McCluskey,
Park Manager.
The regular meeting closed for a recess at 9:27 P.M.
The regular meeting re- opened at 9:41 P.M.
(AMENDMENT TO MOTION
CARRIES)
8. PRESENTATION OF AMERICAN FLAG
TO LAKESIDE PARK COMMISSION
MOUNDS VIEW CITY COUNCIL
PAGE 5
Staff is recommending to the City Council to
enter into the proposed joint powers agreement,
as submitted (Draft copy dated 3 /4 /80)with the
Parks and Recreation Commissions five stipulations
and one additional rider:
1. That the City forward the $25,000 to School
District #621 that was earmarked for construction
of four lit tennis courts at Edgewood Jr. High in
the 1979 federal revenue sharing account.
2. That the tennis courts be constructed in 1980.
3. That School District #621 would assume any and
all additional costs for the tennis courts construc-
tion beyond the City's share of $25,000.
4. That School District #621 design and construct
the multipurpose building as proposed in 1981 at the
School District's expense.
5. That School District #621 would design and
construct the four lane running track as proposed
in 1981 at their expense.
Additional rider: That the School District would
be required to reimburse the City for any capitol
costs incurred if the school district should ever
sell the school and a 'ljacent properties to a private
concern.
Dr. George Christiansen, Assistant Superintendent in
charge of Community Education and John Aslough, Com-
munity Education Coordinator for Edgewood Junior High
were present. Dr. Christiansen expressed Edgewood
School's appreciation for the past cooperation of
the City Council.
Mayor McCarty stated he hoped to continue the coopera-
tive efforts between Moundsview and School District #621
but that it would need to be under different budgetary con-
siderations.
Ziebarth made a motion to recommend that the City
Council enter into the proposed joint powers agreement
with School District #621 as submitted (Draft copy
dated 3/4/80) with the five stipulations and one addi-
tional rider as noted above. Hodges seconded the motion.
Ayes -0 MOTION FAILS
Nays -5
Each councilmember indicated his /her nay vote was because
he /she wanted to see the final contract form before voting
on it.
McCarty made a motion to table this agenda item until after
the mid -term budgetary reviewal was reviewed by Council.
The motion was seconded by Forslund.
Ayes -2
MOTION FAILS
Nays -3 (Rowley, Ziebarth, Hodges)
(MOTION FAILS)
(MOTION FAILS)
Regular Meeting
May 27, 1980
9. JOINT POWERS AGREEMENT WITH
SCHOOL DISTRICT #621
MOUNDS VIEW CITY COUNCIL Regular Meeting
PAGE 6 May 27, 1980
Dr. Christiansen noted that it might be advisable
to specify if the $25,000 value to the city was
a "life- time" value or if there would be a depreci-
ation value assigned to it. Councilmember Ziebarth
agreed that a depreciation or appreciation value
should be included in the new contract.
Attorney Meyers asked Dr. Christiansen if this
Aft contract was to supplement or rescind the old
WIF contract. Dr. Christiansen replied that it would
replace the old contract.
Ziebarth made a motion to ask School District #621
(i.e. Dr. George Christiansen) to prepare another
draft of the contract including the five stipula-
tions and additional rider(noted before) as well
as the maintenance agreement, Resolution #902.
This will be reviewed at the June 9th Council
meeting. The motion was seconded by Rowley.
Ayes -4
Nays -1 (McCarty) MOTION CARRIES.
McCarty voted nay because he felt it was unwise to
enter into a contract at this time without reviewing
the mid -term budget.
Mayor McCarty noted a typographical error on
Item E. The memo dated May 14, 80 (andout)
should read (4th sentence) "25 feet 19 wes
t of 7640
Woodlawn and the other would be installed east
Mayor McCarty asked that Items A,B, and C be removed
from the consent agenda for discussion.
Councilmember Forslund added another name to Consent
Agenda Item M: License approval for DJM Pipe Service,
Inc. through 6/30/81 (new request).
Ziebarth made a motion, seconded by Rowley to approve
the consent agenda with Items A,B,and C removed and
Items E and M corrected.
Ayes -5 MOTION CARRIES
Nays -0
DISCUSSION:
It Ardan Avenue Ditch Cleaning Contract
Mayor McCarty asked that the words "approximately" be
used on the drawings instead of the symbol z=.11:. He
would also like the completion ,;ate to be left open -ended
(MOTION CARRIES)
10. APPROVAL OF CONSENT AGENDA
(MOTION CARRIES)
MOUNDS VIEW CIT`t COUNCIL Regular Meeting
PAGE 7 May 27, 1980
instead of specifying June 29th. He would also
like to have the city engineer to review the
situation and clearly state to Mr. Beyer what the
City wants completed.
Neil Loeding, 5046 Longview Drive, asked Council
for the definition of 3:1 slope. Official Rose
stated this was drawn up according to SEH recom-
mendations by the city engineer. It is a
horizontal to vertical comparison and is done
'to prevent yearly maintenance of the area. It
will avoid heavy erosion until the grass grows back.
Mayor McCarty made a motion to table approval of
this contract until Staff can stake the ditch and
Mr. Beyer can review it to ascertain that he
understands what the City is requesting to be done.
Ziebarth seconded the motion.
Ayes -5
Nays -0 MOTION CARRIES
Item B- Amendment to Northwest Associated Consul-
tants Inc. Contract
Peg Mountin, 8287 Red Oak Drive, asked Council
to discuss this item before making a decision.
After a brief discussion, Council removed the
item for further discussion. The Planning Com-
mission will discuss this on June 4th (with as
many Council members present as can attend).
This item will again be discussed at the June 9,
1980, City Council meeting.
Item C- Interim Compensation Resolution #1109.
Ziebarth made a motion to approve Item C of the
consent agenda (interim compensation resolution
#1109) and Hodges seconded it.
Ayes -5
Nays -0
MOTION CARRIES (MOTION CARRIES)
Official Rose reported that he had received a
request from Larry Decheine, Public Works
Superintendent, regarding the sandblasting of
Tower #1. As work has progressed, the contractors
have noted the paint is not adhering properly and
the surface is bubbling and peeling off. This
is resulting in an uneven exterior surface of new
paint. The contractor is suggesting that the entire
paint surface be removed down to the original prime
coat by a brush -off sandblasting technique. He is
also requesting an additional charge for this pro-
cedure.
Council directed Official Rose to get the speci-
fications and charges for the additional work from
(MOTION CARRIES)
11. REVIEW OF PROJECT 1978 -9 PROGRESS
AND SPECIFICATIONS (Cleaning of
Tower #1)
MOUNDS VIEW CITY COUNCIL Regular Meeting
PAGE 8 May 27, 1980
the contractor and bring this to the Council
for approval.
Ziebarth made a motion, seconded by Rowley,
to extend the meeting time adjournment to
11: P.M(�- ffor8 Council meeting this
Ayes -5 1
Nays -0
Hodges made a motion, seconded by Forslund,
to approve the additional $2,675.72 to complete
the project and these monies shall be taken
from the contingency fund.
Ayes -5
Nays -0
Official Rose noted that correspondence from
DNR indicated that the Sunrise United Methodist
Church did not need a permit from them for filling
and grading.
Official Rose also noted the correspondence from
Spring Lake Park indicating their decision not to
participate in the cost of the study for the
drainage problem at 8280 Pleasant View Drive.
Council asked Official Rose to notify Mr. Sandahl.
Official Rose called the Council's attention to the
letter from Dynamic Developers dated May 13, 1980
asking to be included on the Council agenda for
their proposal (Case 43 -79). Council agreed that
no action could be taken before the permits were
granted, and,therefore, it would not be beneficial
to come before Council until the permits were in hand.
Attorney Meyers reported that the Brighton Veterinarian
Hospital had increased their rates, effective February,
1980. Since the City has a contract with this company,
the contract should be amended to reflect these changes.
Attorney Meyers will refer this back to Don Brager,
Finance Director.
Attorney Meyers also suggested that a special meeting
be held to discuss the long term financial plan with
Don Brager, Finance Director. This meeting will be set
for Tuesday, June 17, at 7:00 P.M.
Attorney Meyers also suggested discussing the MSA funding
at the June 2nd agenda session.
Attorney Meyers noted the deadline for applications for
12. TIME LIMIT SET FOR MEETING
MOTION CARRIES (MOTION CARRIES)
13. APPROVAL OF CONTRACT AMENDMENT
FOR PROJECT 1980 -3 SEAL COATING
MOTION CARRIL (MOTION CARRIES)
14. REPORT OF THE BUILDING AND
ZONING OFFICIAL
15. REPORT OF THE CITY ATTORNEY
MOUNDS VIEW CITY COUNCIL
PAGE 9
clerk administrator was June 1, 1980. The criteria
for selecting the appropriate person will be discussed
at the June 2nd agenda session.
Several reports of informational -type items
were briefly given by the Councilmembers
Mayor McCarty made a motion to accept the letter of
,resignation from Walter Skiba, Planning Commissioner,
and that the application deadline for filling this
vacancy be set for June 14, 1980. This was seconded
by Hodges.
Ayes -5
Nays -0
Forslund made a motion, seconded by Hodges to
adjourn the May 27, 1980 City Council meeting
Ayes -5
Nays -0
/ret
MOTION CARRIES
MOTION CARRIES
The meeting was adjourned at 11:41 P.M.
tf
Regular Meeting
May 27, 1980
16. REPORT OF COUNCILMEMBERS
(MOTION CARRIES)
17. ADJOURNMENT
(MOTION CARRIES)
Bruce K. Anderson
Acting Clerk Administrator