HomeMy WebLinkAboutMinutes - 1989/04/10DATE APPROVED: 4/24/89
PROCEEDINGS OF THE CITY COUNCIL
CITY OF MOUNDS VIEW
~~ RAMSEY COUNTY, MINNESOTA
Regular Meeting
April 10. 1989
Mounds View City Hall
2401 Hwy. 10, Mounds View, MN 55112
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The Mounds View City Council was called to order by
Mayor Hankner at 7:00 PM on Monday, April 10, 1989.
The Pledge of Allegiance was said.
MEMBERS PRESENT: Councilmembers Quick, Blanchard,
Wuori and Mayor Hankner.
ALSO PRESENT: City Attorney Meyers, Clerk/Admini-
strator Pauley and Public Works Director Minetor.
Motion/Second: Blanchard/Quick to approve the
• March 27, 1989 minutes as presented.
4 ayes 0 nays
Attorney Meyers advised the City was being presented
with a settlement from Williams Pipe Line Company,
of several lawsuits which resulted from the pipe
line explosion in the City on July 8, 1986. He
reviewed the history of the pipe line that runs
through Mounds View, going from Roseville to
Duluth. The explosion resulted in the deaths of two
Mounds View residents, serious injury to another,
and considerable property damage. The death and'
injury claims have been settled and while they are
sealed, it is assumed they were highly compensated.
A number of claims were made for diminution of
property values and many of those have been settled
also. The City became involved as of the date of
the explosion, in the interest of protecting the
public health, safety and welfare of the residents.
Attorney Meyers reviewed the process the City went
through and the various government bodies who have
jurisdiction over pipe lines, and new bodies that
were created as well as actions that Mounds View
took to insure the future safety of its residents
in relation to the pipe line going through the City.
Fines that were levied against Williams Pipe Line,
in excess of $300,000, were the highest ever levied,
with $115.000 being the specific result of the lack'
1. Ca11 to
order
2. Pledge of
Allegiance
3. Roll Call
4. Approval of
Minutes:
March 27. 1989
Motion Carried
5. Approval of
Settlement
Agreement,
General Release
of All Claims
and Assignment
Between the
City of Mounds
View and
Williams Pipe
Line Company
Mounds View City Council April 10. 1989
Regular Meeting Page Two
of corrosion protection. While that is small compen-
sation for the deaths, injury and damages. the City
was successful in negotiating an agreement with
Williams Pipe Line for installation of remote control
shut-off valves, both south of the City and north of
the City.
Attorney Meyers explained the City's purpose from the
very beginning was to protect the citizens, in re-
quiring the pipe line to either be removed'or re-
placed. He added the City expended large sums of
money in the processr and this settlement takes
that into consideration.
Senator Steve Novak explained the lawsuit was very
important, in that it provided the State time to
react and'look at the issue in depth. He reviewed
legislation that has resulted from actions taken
by the City. and he commended the City for the
actions it has taken, and settlement of the lawsuit.
Bill Foster, an attorney representing the City in
the lawsuits stated he had received a settlement
check from Williams Pipe Line Company, payable to
the City, in the amount of $250.000, along with
the settlement agreement to be signed by the
Council.
Mr. Foster reviewed the terms of the agreement, with
Williams Pipe Line Company agreeing to drop all
claims against the City in return for the City dropping
all claims against Williams. Williams Pipe Line Com-
pany agreed to compensate the City in the amount of
$250.000, with all lawsuits to be dismissed, with
Williams being able to continue their operation. in
compliance with guidelines and federal regulations.
Motion/Second: Blanchard/Hankner to authorize the
Mayor and City Council to execute the agreement with
Williams Pipe Line Company.
4 ayes 0 nays Motion Carried
Mr. Foster presented the check to Mayor Hankner.
Former Representative Dan Knuth stated the memory
of the explosion in Mounds View and subsequent
actions is indelibly etched in his memory, and he
commended the City on the resolution.
• Mayor Hankner thanked the City staff,
attorneys, Clerk/Administrator. Public Works'depart-
ment, Police department. Fire department and all
those who helped out so'greatly. She stated one of
the most important things she had learned was to
challenge what people say and do• and do not always
assume someone else is protecting you.
Mounds View City Council April 10, 1989
Regular Meeting Page Three
Former Mayor Jerry Linke thanked the Council,
attorneys, Public Works department and Clerk/Admini-
strator for all their efforts, as well as other Staff
members, stating it had been finished in a manner
that the City could be proud of.
Mayor Hankner stated they also need to recognize the
efforts of the surrounding communities. and Police
and Fire departments. as well as Perkins, who provided
breakfast to the displaced residents the morning of
the explosion. She added that more important than
the money. the City has been able to make changes
at the State level.
Mayor Hankner presented a community service award to
Ruth White, thanking her for ten years of service on
the Charter Commission.
There were no residents requests or comments from
the floor.
• Mayor Hankner asked that Item B be removed from the
consent agenda.
Motion/Second: Quick/Blanchard to approve the
consent agenda. minus Item B. and waive the reading
of the resolutions.
4 ayes 0 nays
The Council recessed at 7:46 PM for a short break and
reconvened again at 7:55 PM.
Mayor Hankner stated Item B would have to be held over
to the next regular meeting, as they could not appoint
anyone to the Environmental Quality Task Force until
the vacancy actually occurs, which will happen at the
meeting next week.
Clerk/Administrator Pauley explained Patricia Jensen,
of 2184 Hillview Road, has requested a three way stop
sign be placed at the intersection of Hillview Road
and Quincy Street. as she has a corner lot and has
had property damage to her privacy fence from cars
which have not slowed sufficiently enough to make the
• turn at that corner.
Motion/second: Wuori/Blanchard to direct Staff to
investigate the problem at the intersection of Hillview
Road and. Quincy Street and report back to the Council
at .their earliest convenience.
6. Presentation
of Community
Service Award
7. Residents
Requests and
Comments from
the Floor
8. Approval of
Consent
Agenda
Motion Carried
9. Discussion of
Request for
Three Way
Stop Sign at
Hillview Road
and Quincy
Street
4 ayes 0 nays Motion Carried
Mounds View City Council
Regular Meeting
April 10, 1989
Page Four
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Public Works Director Minetor reported the proposal 10. Consideration
has been received from Short, Elliott, Hendrickson of Proposal
for the storm water management plan. from SEH for
Storm Water
There was discussion concerning storm water management Management
utility, which will be looked at further. SEH will do Study
the tecrinical research and work with Staff on alter-
natives for financing it.
Mayor Hankner explained this was something that need
to be done. and the City is required by State law to
study the management of all surface water within the
City boundaries. She explained they have been
working with the watershed district and have been
studying water drainage plans in the City. She
added they must think about ways to pay for this,
and she hopes the Environmental Quality Task Force.
as well as various commissions, will have some ideas.
Public Works Director Minetor explained the funding
for this would come from the current storm water
management fund. However, that fund will not be
adequate to finance the implementation of the
program.
.Mayor Hankner stated it would be important to keep
• this item on the agenda frequently.
Motion/Second: Quick/Wuori to accept the proposal
from Short. Elliottr Hendrickson for the storm
water management plan, at a cost not to exceed
$53,000• with the funds to come from the storm
water management fund.
4 ayes 0 nays
Public Works Director Minetor explained Westwood
Engineering is providing engineering services for
the SYSCO development and they have requested a
partial payment of $67,957.29, to cover the design
phase and bidding services they have provided over
the past five months. He stated he had reviewed
their invoice and supporting documentation and
recommends approval of the payment.
Clerk/Administrator Pauley this would be funded
by the SYSCO tax increment fund.
Mayor Hankner explained the SYSCO project for anyone
who was not familiar with it.
Motion Carried
11. Consideration
of Staff Memo
Regarding Pay
Request of
Westwood
Engineering
Mounds View City Council April 10, 1989
Regular Meeting Page Five
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Motion/Second: Quick/Wuori to approve the payment of
$67,957.29 to Westwood Professional Services for
engineering work provided on the SYSCO project. with
the funds to come from the SYSCO tax increment'
financing fund.
4 ayes 0 nays Motion Carried
Clerk/Administrator Pauley reported Police Chief 12. Consideration
Ramacher has requested this item be tabled at this of Proposal
time. from MaSys
Corporation
Motion/Second: Quick/Blanchard to table this item
until the next regular meeting.
4 ayes 0 nays Motion Carried
Clerk/Administrator Pauley reviewed his memo of 13. Consideration
April 5 to the Council concerning expenses associated of Staff Memo
with the SYSCO tax increment fund. He stated these Regarding
payments would be consistent with the City's legal SYSCO Tax
obligations. Increment Fund
Expenses
• Motion/Second: Hankner/Quick to approve the payment
of $3,000.00 to Moody's Investors Services, $20,847.81
to Springsted, and $1,117,775.53 to SYSCO/MN, to
come from the'SYSCO tax increment financing fund.
4 ayes 0 nays Motion Carried
Clerk/Administrator Pauley reviewed the request of 14. Consideration
Richard Charbonneau for the release of the $4,000 of Staff Memo
in securities provided for Development Agreement Concerning
No. 81-46. He added the City Engineer has reviewed Charbonneau
the project and determined that the improvements Addition Dvlpt.
have been completed. Agreement
Securities
Motion/Second: Quick/Blanchard to accept the
Richard Charbonneau Addition improvements and autho-
rize the release of the $4,000 in securities provided
as part of the requirements of Development Agreement
No. 81-46.
4 ayes 0 nays
Motion Carried
Clerk/Administrator Pauley reported no comments had 15. First Reading
been received on proposed Ordinance No. 460 since the of Ordinance
public hearing was held two weeks ago. He explained No. 460
this would update the ordinance, which hadn't been
done to any great extent in the past ten years.
Mounds View City Council April 10, 1989
Regular Meeting ~ Page Six
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Bill Faits, 8072 Long Lake Road, asked for a
clarification of the. charge for impounding animals.
Clerk/Administrator Pauley explained the cost of
the daily boarding fee would be the same as what is
charged to the City.
Mr. Faits stated he felt that would be allowing
someone else to set rates, which in essence would
write a blank check for someone and also give someone
the license to steal.
Clerk/Administrator Pauley explained there are not many
operators for boarding animals in this area, and the
City's position is to keep this as close as'possible,
as it takes time for the Police to take animals to
the boarding places, and if these places are too far
away, the owners may not retrieve their animals, which
would represent an additional cost to the City for
both the boarding and destruction of the animals.
Mr. Faits stated he could understand that, but felt
it should be a fixed rate in the ordinance.
Mayor Hankner suggested having a schedule of impounding
• fees, beginning on the first of the year, which would
become part of the ordinance. She added they could
work on the language in the next two weeks.
Motion/Second: Quick/Wuori to approve the first
reading of Ordinance No. 460r amending the Municipal
Code of Mounds View by repealing Chapter 91, entitled
"Animals" and adopting a new Chapter 91, entitled
"Animals", and waive the reading.
4 ayes 0 nays
Mayor Hankner reported she had received a call from
a resident concerning the change on the bus route on
Ardan Avenue, who was not aware of the change being
proposed by the MTC. She explained many attempts
were made to make sure the people were aware of the
proposed change, yet people still did not feel they
had been adequately notifiede and she added they
must do the same on this proposed ordinance change,
to be certain the public is aware of it.
Motion/Second: Quick/Blanchard to direct Staff to
review subdivision 13 of proposed Ordinance No. 460
and present changes to the Council at the next
• agenda session.
4 ayes 0 nays
Motion Carried
Motion Carried
Mounds View City Council April 10, 1989
Regular Meeting Page Seven
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Clerk/Administrator Pauley explained the Planning 16. First
Commission and City Council have been working with a Reading of
consultant on an update to the City's comprehensive Ordinance
land use plan, and the Planning Commission and Council No. 466
are working together to rewrite the plan to incorpo-
rate the changes and they are recommending a moritorium
of any further development along Highway 10 from
County Road I to the western border of the City, until
the final .changes have been made and adopted.
He explained Attorney Karney had prepared proposed
Ordinance No. 466, which places development restric-
tions for that area for 12 months, which could be
extended for an additional 6 months if necessary. He
explained this would prevent any new development pro-
posals as well as the issuance of building permits
along that section of Highway 10.
Mayor Hankner explained. the Planning Commission and
City Council have been meeting regularly, to review
the comp plan. They have focused on the'Highway 10
corridor and are looking for a more reasonable way to
allow for development.
Motion/Second: Hankner/Blanchard to approve the
. first reading of Ordinance No. 466, an interim
ordinance amending the Mounds View'City code esta-
blishing development restrictions along Highway 10
from County Road I to the western border of the City,
and waive the reading.
4 ayes 0 nays Motion Carried
Attorney Meyers reviewed the 40 acres of land the 17. Report of
City is receiving from the SYSCO development, as a Attorney
park dedication, and he questioned whether the City
would be getting a copy of the Westwood Engineering
report on the property.
Clerk/Administrator Pauley explained this was platted
as an outlot and then deeded to the City.
Public Works Director Minetor stated the City would be
receiving a copy of Westwood's report. It is not
certain soil borings were done in that area. Public
Works Director Minetor will be exploring opportunities
for the development of that land and funding for it.
Clerk/Administrator Pauley noted it is federally
protected wetland, and they need to see if anything
• can be done. He added it will require detail
coordination.
There were no reports of Staff members. 18. Reports of
Staff Members
Mounds View City Council April 10, 1989
Regular Meeting Page Eight
Councilmember Quick had no report. 19. Reports of
Councilmembers:
Councilmember
Quick
Councilmember Blanchard had no report.
Councilmember Wuori reported she had also received a
phone call from someone concerned about not knowing
of the change of bus route on Ardan Avenue. She
stated she did not know how to answer this, as the
Council does everything possible to notify people,
short of walking the blocks and agoing door to door.
Mayor Hankner questioned whether the City reserved
the right to reopen the lawsuit on the airport, if
the issue warrants it, if the MAC or Met Council does
not keep their end of 'the bargain.
Attorney Meyers advised the City would not be barred
from taking any appropriate action, nor would any
individual be barred.
Mayor Hankner stated they must be forever watchful
• of what is going on.
Mayor Hankner stated she had received letters and
phone calls concerning junk in peoples yards and
what can be done to remove it. It was suggested to
her that she write a letter to the editor of the
paper, asking people to be mindful of values. She
stated the City needs to be prepared and be able to
enforce this by ordinance. They also need to promote
clean-up day and enforcement of the ordinance.
Clerk/Administrator Pauley explained that in filing
the plat for SYSC~, Scott Kinkaid of Ryan Construc-
tion was advised the Department of Transportation
owns a small section of the property. which was
planned for a future water main. He'reviewed the
options available and explained that at this time
SYSCO is prohibited from filing the plat with
Ramsey County, until the issue is resolved, and the
City cannot issue the building permit until the plat
is recorded. He explained Ryan Construction has
requested that requirement be waived and the building
permit issued, contingent upon the issue being
resolved. Clerk/Administrator Pauley explained there
• is security in excess of $12 million on this project
and he did not feel it was a risk to the City to issue
the building permit now.
Councilmember
Blanchard
Councilmember
Wuori
Mayor Hankner
20. Report of
Clerk/
Administrator
Public Works Director Minetor stated that if the
building permit is issued, the applicant would have
Mounds View City Counci]; April 10, 1989
Regular Meeting Page Nine
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to agree to hold the City harmless for any additional
costs.
Motion/Second: Quick/Hankner to authorize the
issuance of the building permit, with the applicant
holding the City harmless from actions of issuing
the permit and agreeing to assume any costs for having
the permit issued prior to the filing of the plat.
4 ayes 0 nays
•
Clerk/Administrator Pauley explained he would have the
City Attorney draft a hold harmless agreement. which
must be signed before the building permit is issued.
Clerk/Administrator Pauley reminded everyone of the
special election tomorrow, to fill the vacant Council
seat. The Council will meet at 9:30 PM in special
session to canvas the results, which will enable the
new Councilmember to take office on April 24.
Clerk/Administrator Pauley made a statement concerning
the explosion which occurred in the City in 1986 and
the effect it had on him personally.
Mayor Hankner adjourned the meeting at 8:49 PM.
tfully submitted,
Donal`st~'. Paul
Clerk/Adminis a
Motion Carried
21. Adjournment
•
~ CITY COUNCIL MEETING
CITY OF MOUNDS VIEW
APRIL 10, 1989
7:00 P.M.
A G E N D A
1. Call to Order
2. Pledge of Allegiance
3. Roll Call - Quick, Blanchard, Wuori, Hankner
4. Approval of Minutes: March 27, 1989
Regular Meeting
(Received in 4-03-89 Packet)
5. Approval of Settlement Agreement, General Release Of A11
Claims and Assignment Between the City of Mounds View
and Williams Pipe Line Company
6. Presentation of Community Service Award to Ruth White
for 10 Years of Service on the Charter Commission
7. Residents Requests and Comments From the Floor
CITIZENS: BEFORE SPEAKING PLEASE GIVE YOUR FUL NAME AND
ADDRESS FOR THE MINUTES
8. Approval of Consent Agenda
ITEM A. Authorize Donation of Surplus Typewriter to the
Fridley AA
ITEM $. Approve Appointment of Linda Hanson, 2237 Knoll
Drive, to the Environmental Quality Task Force
for a Term Expiring December 31, 1991
ITEM C. Approve Appointment of Edward Trettel, 7401
Park View Drive, to the Parks and Recreation
Commission for a Term Expiring December 31,
1991
ITEM D. Schedule Informational Meeting on Ardan Avenue
Drainage Subdistrict Study for 7:15 p.m.,
April 24, 1989
ITEM E. Authorize Hiring of Temporary Receptionist from
Dolphin Temporary Until a Full-Time
Receptionist is Hired and Commences Work
AGENDA
PAGE TWO
APRIL 10, 1989
ITEM F. Waive Public Bidding Requirements and Approve
Low Bid of Schroeder Construction, Inc. in the
Amount of $2,685.00 for the Installation of a
Sprinkling System at Silver View Park and the
Materials Low Bid of MTI Distributing Company
in the Amount of $6,856.00
ITEM G. Authorize Staff to Proceed with the Extension
of Silver View park Pathway per Memorandum and
Plans Dated March 28, 1989
ITEM H. Authorize the Installation of No Parking Signs
on the South Side of Oakwood Drive Directly
Across from Oakwood Park
ITEM I. Authorize $275 Grant to Pinewood Elementary
School for Funding of a Recycling Program
ITEM J. Approve Issuance of Temporary Certificate of
Occupancy for 22,000 Square Feet of Building F,
Mounds View Business Park, for Occupancy by
AT&T
• ITEM K. Authorize Mayor and Clerk-Administrator to
Enter into Grant Agreement #CB0053 with the
Minnesota Department of Trade and Economic
Development for the Construction of the Silver
View Park Picnic Shelter
ITEM L. Adopt Resolution No. 2467 Approving Just and
Correct Claims Against City Funds
ITEM M. Licenses for Approval
General - Expires 6/30/89
Paul Johnson Construction - New
Remodel America - New
Sela Roofing and Remodeling - New
Transvaal Construction - New
Heating and Air Conditioning - Expires 6/30/89
Comfort Plus Heating and Air Conditioning - New
Minnegasco, Inc. - New
Carnivals - Expires 5/7/89
Magel's Carnival Midway, Inc. - New
9. Direct Police Chief Ramacher and City Engineer to Review
and Comment on the Request of Mrs. Patricia Jensen, 2184
Hillview Road, for the Installation of a Three-Way Stop
Intersection at Hillview Road and Quincy Street
AGENDA
PAGE THREE
APRIL 10, 1989
10. Consideration of Proposals from Short-Elliott and
Hendrickson for a 509 Study and a Feasibility Study for
the Finding of Storm Water Management System
Improvements and Maintenance
11. Consideration of Staff Memorandum Regarding Request for
Payment of $67,957.29 to Westwood Engineering
12. Consideration of Proposal from MaSys Corporation to
Provide Hardware Maintenance for the Police Department
Computer System at an Annual Fee of $6,096
13. Consideration of Staff Memorandum Regarding S~SCO Tax
Increment Fund Expenses
14. Consideration of Staff Memorandum Regarding Charbonneau
Addition Development Agreement Securities
15. First Reading of Ordinance No. 460 Amending the
Municipal Code of the City of Mounds View By Repealing
Chapter 91, Entitled, "Animals" and Adopting a New
Chapter 91, Entitled, "Animals"
16. First Reading of Ordinance No. 466 Interim Ordinance
Amending the Mounds View City Code Establishing
Development Restrictions Along State Highway 10 from
County Road I to the Western Border of the City
17. Report of Attorney
18. Report of Staff Members
19. Report of Councilmembers: Quick, Blanchard, Wuori,
Hankner
20. Report of Administrator
21. Adjournment
•
CONSENT AGENDA
APRIL 10, 1989
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, an item can be removed from
the Consent Agenda and `placed upon the Regular Agenda for
debate.
ITEM A. Authorize Donation of Surplus Typewriter to the
Fridley AA
ITEM B. Approve Appointment of Linda Hanson, 2237 Knoll
Drive, to the Environmental Quality Task Force
for a Term Expiring December 31, 1991
ITEM C. Approve Appointment of Edward Trettel, 7401
Park View Drive, to the Parks and Recreation
Commission for a Term Expiring December 31,
1991
ITEM D. Schedule Informational Meeting on Ardan Avenue
Drainage Subdistrict Study for 7:15 p.m.,
April 24, 1989
ITEM E. Authorize Hiring of Temporary Receptionist from
Dolphin Temporary Until a Full-Time
Receptionist is Hired and Commences Work
ITEM F. Waive Public Bidding Requirements and Approve
Low Bid of Schroeder Construction, Inc. in the
Amount of $2,685.00 for the Installation of a
Sprinkling System at Silver View Park and the
Materials Low Bid of MTI Distributing Company
in the Amount of $6,856.00
ITEM G. Authorize Staff to Proceed with the Extension
of Silver View park Pathway per Memorandum and
Plans Dated March 28, 1989
ITEM H. Authorize the Installation of No Parking Signs
on the South Side of Oakwood Drive Directly
Across from Oakwood Park
ITEM I. Authorize $275 Grant to Pinewood Elementary
School for Funding of a Recycling Program
. ITEM J. Approve Issuance of Temporary Certificate of
Occupancy for 22,000 Square Feet of Building F,
Mounds-View Business Park, for Occupancy by
AT&T
•
CONSENT AGENDA
PAGE 2
APRIL 10, 1989
ITEM K. Authorize Mayor and Clerk -Administrator to
Enter into Grant Agreement #CB0053 with the
Minnesota Department of Trade and Economic
Development for the Construction of the Silver
View Park Picnic Shelter
ITEM L. Adopt Resolution No. 2467 Approving Just and
Correct Claims Against City Funds
ITEM M. Licenses for Approval
General - Expires 6/30/$9
Paul Johnson Construction - New
Remodel America - New -
Sela Roofing and Remodeling - New
Transvaal Construction New
Heating and Air Conditioning - Expires 6/30/89
Comfort Plus Heating and Air Conditioning - New
Minnegasco, Inc. - New
Carnivals - Expires 5/7/89
Magel's Carnival Midway, Inc. - New
•