city council meeting minutes · 2011-03-23 · appoint delegates to ramsey county league of local...

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( -8- Councilman Shelquist asked if the contract is signed and if the work is done inadequately are we liable? Ad. Achen replied that our alternative is to give it back to the school district. We are only involved because we have the expertise and the staff. MSP (Johnson-Hodges) that we award the contract to the AAA Tree Removal Service for removal of a tree on the Edgewood School property for $8,630 conditioned upon receipt of a valid bid bond and also on the condition of receipt of a performance bond equal to 150 % of the bid . 4 ayes 1 nay MSP (Shelquist-Hodges) to amend the above motion to the effect that before the contract is awarded that a valid purchase order from the school district to the city guaranteeing reimbursement be obtained. 5 ayes Award general dipeased tree r emoval services contract. Ad . Achen recommended the low bid: L & B Tree Service. It is a specified unit price by the size of the tree . MSP (Johns o n-Shelquist) to award the contract for general tree removal services to L & B Tree Service, subject to re ceipt of a certificate of insurance covering the operation, liability insurance also employee insurance for · the operation of the company, and with the receipt of a performance bond equal to 150% of 1975 's total fees. 4 a yes 1 nay Resolutions reapportioning assessments for Spiczka, Lewis and Bardwell subdivisions. MSP (Baumgartner-Pickar) to adopt Resolution # 724 to reapportion the assessments on the Spiczka property. 5 ayes MSP (Hodges-Shelquist) to adopt Resolution #725 to reapportion the assessments on the William and Diane Lewis property. 5 ayes MSP (Shelquist-Hodges) to adopt Resolution #726 to reapportion the assessments on the Bardwell property. 5 ayes Appointment of Jack Shields as tree inspector. MSP (Baumgartner-Pickar) to appoint Jack Shields as tree inspector . 5 ayes Appointment of parttime recreation personnel. MSP (Baumgartner-Hodges) to approve the eight parttime spring employees . (see attached list). 5 ayes Appointment of Patricia Casci as regular, full time senior clerk typist . MSP (Hodges-Baumgartner) that we appoint Patricia Casci as a full time regular employee . 5 ayes Licenses for approval. Bud Teslow was asked to name his two partners and he complied. They are: Terry Emerson, 2137 Buckingham Lane, and Duane Kicker, Wyoming, MN. MS P (Pickar-Hodges) to approve the licenses as presented. Councilman Baumgartner suggested that we investigate Mr. Kicker to see if there are any problems, as last year we turned down a similar license . Mounds View / City Council Meeting Minutes Minnesota Historical Society

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Page 1: City Council Meeting Minutes · 2011-03-23 · Appoint delegates to Ramsey County League of Local Govts. MSP (Hodges-Shelquist) to appoint Gerald Johnson, Council delegate (voting),

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Councilman Shelquist asked if the contract is signed and if the work is done inadequately are we liable? Ad. Achen replied that our alternative is to give it back to the school district. We are only involved because we have the expertise and the staff.

MSP (Johnson-Hodges) that we award the contract to the AAA Tree Removal Service for removal of a d~seased tree on the Edgewood School property for $8,630 conditioned upon receipt of a valid bid bond and also on the condition of receipt of a performance bond equal to 150 % of the bid . 4 ayes

1 nay MSP (Shelquist-Hodges) to amend the above motion to the effect that before the contract is awarded that a valid purchase order from the school district to the city guaranteeing reimbursement be obtained.

5 ayes

Award general dipeased tree r emoval services contract. Ad . Achen recommended tak~ng the low bid: L & B Tree Service. It is a specified unit price by the size of the tree .

MSP (Johnson-Shelquist) to award the contract for general tree removal services to L & B Tree Service, subject to r e ceipt of a certificate of insurance covering the operation, liability insurance ~nd also employee insurance for · the operation of the company, and with the receipt of a performance bond equal to 150% of 1975 ' s total fees. 4 a yes

1 nay Resolutions reapportioning assessments for Spiczka, Lewis and Bardwell subdivisions.

MSP (Baumgartner-Pickar) to adopt Resolution # 724 to reapportion the assessments on the Spiczka property. 5 ayes

MSP (Hodges-Shelquist) to adopt Resolution #725 to reapportion the assessments on the William and Diane Lewis property. 5 ayes

MSP (Shelquist-Hodges) to adopt Resolution #726 to reapportion the assessments on the Bardwell property. 5 ayes

Appointment of Jack Shields as tree inspector. MSP (Baumgartner-Pickar) to appoint Jack Shields as tree inspector . 5 ayes

Appointment of parttime recreation personnel. MSP (Baumgartner-Hodges) to approve the eight parttime spring employees . (see attached list). 5 ayes

Appointment of Patricia Casci as regular, full time senior clerk typist . MSP (Hodges-Baumgartner) that we appoint Patricia Casci as a full time regular employee . 5 ayes

Licenses for approval. Bud Teslow was asked to name his two partners and he complied. They are: Terry Emerson, 2137 Buckingham Lane, and Duane Kicker, Wyoming, MN.

MSP (Pickar-Hodges) to approve the licenses as presented.

Councilman Baumgartner suggested that we investigate Mr. Kicker to see if there are any problems, as last year we turned down a similar license .

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Page 2: City Council Meeting Minutes · 2011-03-23 · Appoint delegates to Ramsey County League of Local Govts. MSP (Hodges-Shelquist) to appoint Gerald Johnson, Council delegate (voting),

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MOUNVS VIEW PARKS & RECREATION

PART TIME EMPLOYEES

SPRING 1976

1. Kevme;th SimoVl. 215 E. VDuVl.g VfL. #212 S~. Paul, MN 55117

2. ChefLyl Ne~oVl. 323 LogaVl. Pan~ay MiVl.Vl.eapo~, MN 55432

3. JeaVl.niVl.e GfLoebVl.efL 4514 LexiVl.g~oVl. Ave. S~. Paul, MN 55112

4. S~eve Clank. 2201 ThofLVl.dafe Ave. S~. Paul, MN 55112

5. Bob Fle;tc.hefL 2127 N. Ailantic. Mapl0Wood, MN 55109

6. C~y Ww~ 4721 UplaVl.d CfLe4~ N.E. Columbia Hugh:t6, MN 55112

7. CanolyVl. Mc.KiVl.Vl.oVl. 5288 RaymoVl.d Ave. S~. Paul, MN 55112

8. SweVl. ThruVl. 7237 KVl.offwood VlLive MOUVl.d6 View, MN 55432

Rec.fLeaUOVl. IVL6~udofL II Mac.fLame'

Rec.fLeaUoVl. IVL6~udofL I WMeJL Sane;ty

Rec.fLeaUOVl. IVL6~udofL I WMeJL Sane;ty

Rec.fLeaUOVl. IVL6~dofL I WMefL Sane;ty

Rec.fLeaUoVl. IVL6~udofL I WMefL sane;ty

SummeJL pank. labofLeJL ApJLil 7"9 - Au:gU;6~ '27, 1'.976

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Page 3: City Council Meeting Minutes · 2011-03-23 · Appoint delegates to Ramsey County League of Local Govts. MSP (Hodges-Shelquist) to appoint Gerald Johnson, Council delegate (voting),

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Councilman Shelquist stated that a potato vendor was turned down a year ago.

( - Mr~ Teslow stated that he has written permission from the owners.

MSP (Shelquist-Baumgartner) to amend the above motion to delete the license for Bud Teslow. The Council was polled.

Councilman Shelquist - aye Councilman Hodges - nay Councilman Baumgartner -Councilman Pickar - nay Mayor Johnson - aye

aye 3 ayes 2 nays Motion carried.

A roll call vote was requested on the amended main motion:

Councilman Shelquist - aye Councilman Hodges - aye Councilman Baumgartner - aye Councilman Pickar - aye Mayor Johnson - aye Motion approved as amended.

MSP (Baumgartner-Hodges) to waive the fee on the Mounds View Jaycees in their sale of honey for the mentally retarded. 5 ayes

Bills for approval. General Account Checks #12188-12321, Payroll Account Checks #1253-1258, Transfer Check transferring $14,915.50 from General Fund, $1,551.75 from Water, $1,127.10 from Sewer to pay gross pay of April 15, 1976 . Total disbursements: $62,418.47.

MSP (Baumgartner-Shelqu~st) to approve the bills as presented. 5 ayes

Councilman Baumgartner suggested that the staff investigate a method of giving the .check back if ~recreation class is not fille~ but Atty Meyers said that he thought everything has to be processed, but they should check with the auditor.

ADMINISTRATOR ' ACHEN'S REPORT:

Appoint delegates to Ramsey County League of Local Govts.

MSP (Hodges-Shelquist) to appoint Gerald Johnson, Council delegate (voting), Roger Baumgartner, Council delegate (alternate voting) and Mark Achen, appointed staff delegate to Ramsey County League of Local Govts. 5 ayes

Park five-year capital .improvement plan. MSP (Baumgartner-Johnson) to receive and space five-year capital improvement plan in the memo of February 22, 1976.

approve the park and open for Mounds View as presented

5 ayes

SChluter-Brogger final plat. Ad. Achen stated that the plat has been reviewed and is in conformity with the preliminary plat as approved by the Council.

MSP (Hodges-Shelquist) that we approve the final plat of Schluter-Brogger Pleasant View Estates as presented. 5 ayes

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Page 4: City Council Meeting Minutes · 2011-03-23 · Appoint delegates to Ramsey County League of Local Govts. MSP (Hodges-Shelquist) to appoint Gerald Johnson, Council delegate (voting),

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April 12, 1976

LI C EN S E S FOR A P PRO V A L

HEATING - NEW

Rum River Plumbing & Heating, Inc. 5516 Industry Ave. N.W. Anoka, MN 55303

HEATING - RENEWAL

All Season Comfort, Inc. 1417 - 18th St. N.W. New Brighton, MN 55112

EXCAVATING - NEW

Spaanem S. W. & Digging Co. 13133 - 89th Ave. N. Maple Grove, MN 55369

MASONRY - NEW

Arcade Conc. Const. 2952 Arcade St. St. Paul, MN 55109

GENERAL - NEW

Chris's Construction 240 Longfellow St. N.E. Fridley, MN 55432

GENERAL -RENEWAL

Aquarius Swimming Pool Co. 16900 Cedar Ave. S. Rosemount, MN 55068

GARBAGE HAULER - RENEWAL

Browning Ferris Ind. 9813 Flying Cloud Dr. Eden Prairie, MN 55343

PEDDLER

Lakeland No. Heating Box 413 Pine Village Cambridge, MN 55008

Clarkin & Vener, Inc. 2492 Stillwater Rd. St. Paul, MN 55119

Bel Rae Ballroom 5394 Edgewood Dr. (for addition at above address only)

Mounds View Jaycees Gary French, Pres. 2340 Sherwood Rd. Minne §.po;Lis .... MN 55432

- to sell containers of honey for $1 donation to mentally retarded during April, 1976.

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Page 5: City Council Meeting Minutes · 2011-03-23 · Appoint delegates to Ramsey County League of Local Govts. MSP (Hodges-Shelquist) to appoint Gerald Johnson, Council delegate (voting),

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MAYOR JOHNSON'S REPORT

( Mayor Johnson read a letter from Rep. Neisen thanking the Council for their cooperation during the last legislative session. Further, he stated that someone should attend the League of Municipalities Convention in Duluth in June. He instructed Ad. Achen to make reservations for two people.

COUNCILMAN HODGE'S REPORT

None

COUNCILMAN BAUMGARTNER'S REPORT

Councilman Baumgartner called to the Council's attention the write-up in the news letter concerning the activities in the parks. He also stated that Greenfield park is progressing.

COUNCILMAN PICKAR'S REPORT

He feels that all traffic should stay off while the grass is taking seed and will have kids drop hand bills to that effect. Lakeside Park met last Thursday. The beaches will open June 12 and he has made arrangements for the guards and a superintendent. Also suggested possible vandalism coverage of $1400 .

COUNCILMAN SHELQUIST'S REPORT

The Planning Commission will meet Wednesday at 7:30 pm.

ATTORNEY MEYER 'S REPORT

A reminder that we have some excess property as a result of certain takings in 1973-4. Equivalent to about 8 lots. Further, he would like authority from the Council for the claim for the municipal building to retain services of necessary experts for evaluation and testimony: specifically a real estate appraisor, ground water engineer and the duties of an architect.

MSP (Johnson-Shelquist) that we authorize the attorney to retain the necessary consultants to determine the damages that we have suffered and to proceed with the claim against various people involved with the construction of our city hall but that he keep us informed as to the progress and costs incurred. 5 ayes

Atty Meyers also stated that the assessment appeal has been tried but there has been no decision rendered yet.

ENGINEER BEARDEN 'S REPORT

He stated that he wrote a letter outlining the alternatives on the Mounds View Square ditch. The attorney's recommendation is to go to the bidding procedure.

MSP (Pickar-Hodges) to direct the engineer to prepare plans and specifications advertising bids ~ td finish shaping of the ditches and sodding them, etc., and to finish the Long Lake Road ingress and egress. 5 ayes

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Page 6: City Council Meeting Minutes · 2011-03-23 · Appoint delegates to Ramsey County League of Local Govts. MSP (Hodges-Shelquist) to appoint Gerald Johnson, Council delegate (voting),

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Councilman Shelquist stated that last Thursday a pickup truck went into the ditch on Highway 10 at Mounds View Square. Perhaps the state should come in and put a railing or something in there. The state should be approached.

Mayor Johnson reminded the Council that April 24 is City Cleanup Day.

Robert Carlson addressed the Council regarding White Oak Estates Third Addition. Admin. Achen stated that it would be necessary to complete a development agreement which includes assessment for a cul-de-sac and the drain line and that this contract be executed recognizing those items with a bond to cover the cost of construction, and perhaps authorize the Mayor and the Clerk to sign the final plat when all these conditions have been met.

It was suggested that this be postponed until the next regular Council meeting. Mayor Johnson directed the administrator to get everything checked into and present it to the next meeting.

MSP (Shelquist-Hodges) to adjourn at 12:45 p.m.

Respectfully submitted,

Mark Achen Clerk-Administrator

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Page 7: City Council Meeting Minutes · 2011-03-23 · Appoint delegates to Ramsey County League of Local Govts. MSP (Hodges-Shelquist) to appoint Gerald Johnson, Council delegate (voting),

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AGE N D A

Mounds View City Council April 26, 1976

1. Roll call of officials

( 2. Minutes of regular meeting April 12, 1976.

3. Citizen comments and requests.

CITIZENS: BEFORE SPEAKING, PLEASE GIVE YOUR FULL NAME AND ADDRESS FOR THE MINUTES.

4. Bicentennial Commission recommendation for design of city sign.

5. 8:15 p.m. public hearing on Roger Baumgartner request for trained dog permit.

6. Resolution approving final plat of White Oak Estates Third Addition.

7. Minor subdivision request of Herman Weise for 8465 Groveland.

8. Minor subdivision request of David Bissonnette for 8312 Red Oak.

9. Minor subdivision request of Clara Ford for 8334 Groveland.

10. Proposed development of duplexes at 7624-7638 Woodlawn Dr.

11. Minor subdivision request of MarIan J. Arndt for 2808 Sherwood Rd.

12. Project 1975-4 Mounds View Square Shopping Center drainage improvement feasibility report.

13. Proposed ordinance amending Chapter 90.04 titled Junked and Abandoned Vehicles.

14. Resolution requesting Ramsey County prohibit parking on Spring Lake Rd. between County Rd. I and Hillview Rd.

15. Purchase of punch card voting system.

16. Request of storm water drainage engineering consultant to extend study until June 30, 1976.

17. Proposed revision of subdivision ordinance.

18. Licenses for approval.

19. Bills for approval.

20. Reports of officials.

21. Adjournment.

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Page 8: City Council Meeting Minutes · 2011-03-23 · Appoint delegates to Ramsey County League of Local Govts. MSP (Hodges-Shelquist) to appoint Gerald Johnson, Council delegate (voting),

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Administrator's Report April 23, 1976

Order of voting: Councilman Shelquist Councilman Hodges Councilman Baumgartner Councilman Pickar Mayor Johnson

Council meeting April 26, 1976:

ITEM 4. Bicentennial Commission plans to review sign designs Saturday and make recommendation to Council.

ITEM 5. The dog appears to be satisfactorily trained and meets the ordinance requirements. However, the dog owner is quite uncontrollable and should not be allowed off leash.

ITEM 6. Development Contract has been prepared for Brentwood Development Co.'s White Oak Estates Third Addition plat. Terms of the contract are payment of engineering and legal fees ($ i7~~S ), agreement to assessment for cul-de­sac improvements, developers to install drain line and swale, owners to provide financial guarantee of $5,500. Plat can receive final approval subject to execution of the contract by the owners (Robert Carlson & Edward Dropps) .

ITEMS 7 through 11. See attached staff recommendations on these Planning Commission referrals.

ITEM 12. See administrator's memorandum dated April 21, 1976, regarding Project 1975-4 Mounds View Square drainage improvement.

ITEM 13. Ordinance is being prepared to implement the recommendations in my April 21, 1976, memo to Council on junked and abandoned vehicles. I shall also include a provision limiting storage to one vehicle outside of a garage. This was recommended by police to prohibit the Gillespie type situation.

ITEM 14. Property owners on the east end of Spring Lake continue to have problems with excessive parking and partying on the lake shore. Police recommend no parking on both sides of street. County is examining possibility of aligning the intersection of County Rd. I and Spring Lake Rd. north of I at right angles with a stop sign.

ITEM 15. Recommend Council receive bid on punch card voting system and authorize purchase. I should have further information on the counting phase of the system by meeting time.

ITEM 16. Letter from Roger Short is enclosed explaining their request to extend the storm water study until June 30, 1976. They have also agreed to make a preliminary report of their recommendations at the May 3 agenda session. I shall pub­licize such if Council approves.

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Page 9: City Council Meeting Minutes · 2011-03-23 · Appoint delegates to Ramsey County League of Local Govts. MSP (Hodges-Shelquist) to appoint Gerald Johnson, Council delegate (voting),

Administrator's Report -2- April 23, 1976

ITEM 17. Attorney has recommended a number of te c hnical changes that do not alter the purpose or procedures of the sub­division ordinance. He has questioned three substantive areas: (1) whether something less than full platting might be allowed for minor subdivision, (2) whether the city should notify nearby property owners (which is not required by state statute), and (3) whether provision for some variance should be provided. I am investigating these but may not be prepared to report to Council by meeting. If not, this item will have to be laid over again.

ITEM 18. Licenses are all routine. Recommend approval.

ITEM 20. Administrator's Report:

A. Council should note receipt of first quarter budget report.

B. A request for street lights on Ardan Avenue where it intersects with new streets has been received. Police and staff recommend such lights be ordered.

C. Project numbers and separate accounting funds should be established for the following:

storm water drainage District 2 streets

Project 1976-1 Project 1976-2

Monies to finance each should be appropriated from the Public Improvement Revolving fund at 8% simple interest ($1,000 to Project 1976-1 and $500 to 1976-2).

D. Council should approve the following engineer selection process as agreed at the April 22 agenda session: special meeting May 6, 7:00 p.m., to review applications and questionnaire responses and to select three finalists. Special meeting May 19, 7:00 p.m., to interview the three finalists.

E. A resolution will be prepared for the meeting to formalize the City's savings account investment policy with the First State Bank of New Brighton. The resolution will set the terms and conditions under which phone transfers of funds can be made by the staff from the general checking account to the savings account and back. Additionally, it will formalize the practice that we have recently followed for the payment of debt service whereby we h~ve the bank transfer the federal funds to the bond buying agent on the date both payments are due. Previously, both payments were being mailed approxi­mately 30 days ahead of the due date which, in some cases where bond payments were in the hundreds of thousands of dollars, proved a significant loss of investment income to the City.

F. I discussed with the attorney my recommendation that all approved but unrecorded subdivisions be reviewed by the Planning Commission and Council and that UDon completion of the review the owner be required to~ record the subdivision within 90 days. Attorney feels we can do so. , See my comments"on this subject in - IelY 1i.pril Zl, - T97b , -repor t for-. '1'hurs-daY's agenda session.

G. May 2 is the dedication of the new city hall park fireplace donated by the Girl Scouts.

H. Registration for the LMM conference in Duluth must be made by name. So far only Councilman Hodges has indicated he will attend. Another name is needed to make two reservations.

I. Adjournment should be possible by sunrise.

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Page 10: City Council Meeting Minutes · 2011-03-23 · Appoint delegates to Ramsey County League of Local Govts. MSP (Hodges-Shelquist) to appoint Gerald Johnson, Council delegate (voting),

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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 Johnson on April 26, 1976, at 8:00 p.m., at Mounds View City Hall, 2401 Highway 10, Mounds View, MN 55112.

Present: Mayor Johnson Also present: Clerk-Admin. Achen Councilman Hodges Attorney Meyers Councilman Baumgartner Engineer Bearden Councilman Pickar Councilman Shelquist

MSP (Baumgartner-Hodges) to approve the minutes of April 12, 1976, regular meeting. 5 ayes

Councilman Pickar stated that when the minutes show a nay vote, perhaps the name of the councilman so voting should be noted. Mayor Johnson stated that this should be done on roll call votes but is not necessary on voice votes.

CITIZEN CO~~ENTS & REQUESTS - there were none.

Gordon Ziebarth, Chairman of the Bicentennial Commission, presented four sign designs by Brede Inc. and two by Nordquist Sign for Council's consideration in choosing a new city sign. He stated the main concern for this meeting was to choose a basic design and worry about detail and specifications later. The bids for the actual job, of course, will be open to all companies. The sign is to be generally 16' x 8' with 10" or 12" lettering. The Bicentennial Commission recommended the Nordquist sign design containing the logo and with the steel base, with leeway on the base.

Councilman Shelquist inquired about relative prices. Mr. Ziebarth stated the range was $6,000-7,000. All would be interior lighted, both the City name and message; there is very little difference in price between exterior or interior lighting.

Councilman Shelquist expressed concern of vandalism. Mr. Ziebarth stated there ,is a durable plastic covering the sign, and the bases are variable as far as height; however, they are trying to keep the size as near as possible the 16' x 8'.

Councilman Hodges stated preference for a brick base to match the city hall brick and having the name of the city on the top.

Councilman Baumgartner liked the brickwork sign and would rather there be more room for the message and less for the name of the city.

Mr. Ziebarth pointed out that green backing with white lettering would show up much better than the white background with green lettering.

Councilman Pickar inquired whether the specifications would include the cost of running power from city hall to the site. Mr. Ziebarth stated they would cover every source of expense in the specifications.

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Mayor Johnson stated his preference for giving more space to the message rather than the city name. Councilman Pickar stated he'd like to see the logo on the sign, if possible.

MSP (Hodges-Shelquist) to recommend to the Bicentennial Commission a combination of the Nordquist signs, with the City of Mounds View across the top and the message under­neath placed on a base much like the steel base.

Mayor Johnson stated the steel base looks cold and commercial; perhaps the base could be raised and shrubbery placed around it.

MSP (Hodges-Pickar) to add to the original motion a base with a brick to match the city hall, if possible; and to award the $200 for design to Nordquist Sign Co. 5 ayes

Mr. Ziebarth asked if this motion allowed the Nordquist Sign Co. to come up with a couple more designs. Mayor Johnson answered yes and try to soften sign up and make it less com­mercial with brick or whatever, yet keep it functional.

Administrator Achen stated that Representative Neisen had earlier indicated the need of a formal motion from the Council stating the City's intent to fund 50% of the cost of the sign. This would increase the City's chances of having their application to the State Bicentennial Commission approved for the other 50% funding of the sign. Adm. Achen stated that those projects that are receiving local funding as well as Bicentennial funding are receiving priority consideration. This is not a budgeted item. Councilman Hodges asked about using revenue sharing? Adm. Achen said he'd check whether or not revenue sharing can be used for matching funds.

Mr. Ziebarth stated that the Bicentennial Commission has been setting aside funds from activities toward the purchase of the sign; their meeting on May 11 would give some indication as to where they stand with funding.

Attorney Meyers stated the motion should include fact that City would authorize purchase of sign that would cost not more than $8,000 and that the City would obligate itself to up to 50% of that amount.

MSP (Johnson-Hodges) that the City of Mounds View commit to the purchase and construction of the new city sign not to cost in excess of $8,000 and that the City will commit to funding up to 50% of the actual cost which is not to exceed $8,000. 5 ayes

Mayor Johnson thanked the Bicentennial Commission for their continued interest in the project and all their work.

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Mayor Johnson recessed the regular meeting and called to order the public hearing on Roger Baumgartner's (7585 Knollwood) request for trained dog permit. Adm. Achen stated the four-year old Labrador for which the permit is requested had been examined by Doris Dechene, training instructor, who had found the dog overall acceptably trained. Mayor Johnson asked if anyone wished to speak for or against the permit.

Robert Waste, 2345 County Rd. H-2, asked what exactly the permit is for. Is it a kennel? Is it to train dogs?

Mayor Johnson explained the dog leash law -- dog cannot be off leash unless trained and you have a special permit. To receive special permit, dog has to be examined by person schooled in dog obedience. Councilman Shelquist added that off leash is only when it is exercised, not running loose. Mayor Johnson also added that the dog cannot be loose on public propery, such as parks.

MSP (Pickar-Hodges) to approve the trained dog permit request of Roger Baumgartner, 7585 Knollwood. 4 ayes

Baumgartner - 1 abstain

Mayor Johnson adjourned the public hearing and called the regular Council meeting back to order .

WHITE OAK ESTATES THIRD ADDITION. Adm. Achen stated that prior to approval of the resolution approving the final plat of White Oak Estates Third Addition, Council should take action on the development contract, copy of which the developer has received.

Attorney Meyers stated that one of the developers had questioned him about paragraph 3 of the development contract which states that all improvements required shall be constructed and paid for by the subdivider, and the Attorney explained that all public utilities have been installed. The developer had also questioned him about paragraph 15 of the contract regarding the necessity of a $5,500 cash bond. The Attorney explained that there is some drainage work that has to be done with the installation of culvert and swale and cost of this is covered by the bond. If the developer, for some reason, doesn't complete the project, the City can use the monies for finishing the project. The developer had indicated to Atty. Meyers that he would use a letter of credit, which the Atty. said was satisfactory.

Atty. Meyers also stated the developer's objection to paragraph 16 of the contract, the terms "in the City Council's opinion". Atty. explained the purpose of the contract is to have a control over the development, to be sure it is carried out in conformance with Council's approval.

Atty. Meyers also stated the developer's question of whether or not the costs (engineering, legal, etc . ) in paragraph 20 of the contract had not been included when he was assessed for the cul-de-sac. Administrator Achen stated he had examined

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the bills and administrative costs for Project 1975-4 were not included. We have reapportionment of assessments cost of $675 plus other administrative costs not included in the Projedt assessment; and that is why we would like to consider increasing the fee schedule.

Bob Carlson, Brentwood Development Co., stated that he and Ed Dropps, the other developer, were satisfied with the conditions and prepared to go along with the wording. But he stated the bank doesn't want to issue an open ended letter of credit. He asked regarding putting up a cashier's check in lieu of the bond in order that they might apply for a building permit this week. They would want to trade the cashier's check for a bond next week.

Atty. Meyers indicated bond suits are hard to deal with, would rather see something more negotiable; however, he gave his approval.

Mayor Johnson indicated he would be available to sign the agreement when the cashier's check is delivered.

MSP (Shelquist-Hodges) to adopt Resolution No. 728 authorizing mayor and administrator to enter into contract putting into ·force · the Mounds View Development Agreement No. 76-2 with White Oak Estates subject to receipt of a negotiable bond or similar posting and after the Attorney's review and approval of the bond. 5 ayes

MSP (Hodges-Pickar) to adopt Resolution No. 729 approving the final plat of White Oak Estates Third Addition.

Administrator Achen inquired as to the dates for commencement and completion of the improvements per paragraph 12 of the contract. Bob Carlson agreed to commencing work no later than May 20, 1976, and completion of construction no later than June 15, 1976. Mayor Johnson pointed out that this is a tight schedule, and Carlson indicated that is what he wanted. Mayor Johnson indicated to John Bearden that Comstock & Davis would have to inspect this project.

MAJOR SUBDIVISION REQUEST OF SELMER SAKARIASON FOR CHAPMAN 2nd SECOND ADDITION. Adm. Achen summarzied what had taken place on this request since the last Council meeting. Council had,

5 ayes

in essence, approved the preliminary plat as designed; the problem was that two structures were existing on land astride property lines which would be in violation of City zoning code. The structurffihave to be removed before the final plat is approved. The property owner has arranged sale and construction of new home on northernmost lot. Staff recommends the owner present to the City a recordable deed for Lot 1 (the northernmost lot) so that if for some reason the final plat is not approved and recorded, the City may record the deed for Lot 1. The developer

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has provided the deeds in recordable form, has provided the $25 deposit for recording the deed if necessary, the deed carries the covenant requiring the Lot 1 to become part of the proposed Chapman 2nd Addition plat, owner has paid park dedication and the extra $100 for extra staff and legal time.

Attorney Meyers added for the minutes that at present fee owner of the property is Selmer and Gladys Sakariason, hus­band and wife. Mr. Sjodin indicates that is the status of the title, we have notactually examined the title. Mr. Sakariason has presented deed to Mr. Buzzell of the North 81' of Outlot A Chapman Addition; it has been deeded back to Sakariason for the same North 81' with the agreement that the lot is to become part of the 5-lot plat Chapman 2nd Addition. This is to be completed and filed no later than June 15, 1976. At the time the final plat is filed, the deeds will be returned to the parties involved. If the plat is not filed, the city has the option to file the deeds as presented. Atty. indicated this procedure is not the best procedure, but it is expeditious and accomplishes the sale of the one lot and yet giving the people time to get the final plat in shape.

Councilman Shelquist questioned having the plat submitted to the City 9Y June 10 and building removed by June 14. Admin. Achen explained that the 14th is the last meeting at which the final plat can be approved in order to meet the terms of the cove­nant on the Lot 1 deed. Submitting the plat by June 10 allows the staff time to review it. MSP (Shelquist-Hodges) to approve the procedure for handling the Selmer Sakariason major subdivision as outlined in memo to the City Council from Administrator of April 26, 1976 and that the Administrator be instructed to sign and record the deeds on June 15, 1976, if the other conditions of the memo have not been met. 5 ayes

MINOR SUBDIVISION REQUEST OF HERMAN WEISE FOR 8465 GROVELAND.

Adm. Achen stated the Planning Commission's recommendation to approve the lot split; the west lot to be 245' x 115' and the east lot to be the rema inder of the original lot with 5' ease­ments at rear of both lots and 5' side easements. Nothing unusual about the subdivision.

MSP (Hodges-Baumgartner) to approve request of Herman Weise for subdivision of property at 8465 Groveland as recommended by the Plannin~ Commission.

Adm. Achen noted that the app roval includes a variance to allow the existing Bar BQ pit which will be 1'1" from the lot line to remain.

5 ayes

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MINOR SUBDIVISION REQUEST OF DAVID BISSONNETTE FOR 8312 RED OAK.

Adm. Achen stated this was a non-constrovertial subdivision and recommended Council approve the subdivision as recommended by the Planning Commission: the East lot to be 239' x 182' and the west lot to be 91' x 234' with 5' utility and drainage easements along both lot lines.

~1SP (Pickar-Hodges) to approve the minor subdivision request of Davis Bissonnette for 8312 Red Oak per the Planning Commission's recommendation.

MINOR SUBDIVISION REQUEST OF CLARA FORD FOR 8334 GROVELAND.

Adm. Achen explained that since the intent of the developer is to return at a later date to request a minor subdivision of the western lot, the staff recommends that this request be treated as a major subdivision now and eliminate the second minor subdivision request. The Planning Commission left this decision up to the Council.

Councilman Shelquist stated that the proposed lots· really are inadequate; but the Planning Commission had agreed to the substandard lots as the other lots in that neighborhood are substandard.

Mayor Johnson asked if this should be considered a minor or major subdivision. Councilman Shelquist recommended it be made a major subdivision since it is the eventual intent to make it three lots.

Adm. Achen suggested that a major subdivision now protects both the city and the property owner because the further we get from Project 1973-4 and the decision the Planning Commission made about some substandard lots, the more distant the logic of that Planning Commission recommendation becomes.

Mayor Johnson asked if Mrs. Ford would go along with a major subdivision. Ken Sjodin, 2841 Bronson Dr., the builder buying the lot from Mrs. Ford, said he had suggested a minor subdivision at this time only because the legal would be easy and thought Mrs. Ford could sell the lot faster this way; her only concern is selling the lot.

MSP (Shelquist-Johnson) to deny the minor subdivision request for 8334 Groveland and follow the staff's recommendation. Since Mr. Sjodin has indicated verbally his intent to split the western lot at a later date, it would be best to make the major now.

5 ayes

5 ayes

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Adm. Achen suggested setting a public hearing on the major subdivision. Councilman Shelquist asked about the Planning Commission's recommendation?

Atty. Meyers indicated that two stubs were put in, so it is anticipated the Commission would approve the substandard lots. Adm. Achen suggested that the Planning Commission could review it again at its April 28th or Hay 12th meeting.

Mr . Sjodin said he could have plan drawn up and to the staff tomorrow. Will the Council go along with staff's recommendation to publicize this for a major subdivision? Adm. Achen replied that would depend on Sjodin's ability to have preliminary plan ready for Wednesday Planning Commission meeting. Mayor Johnson pointed out to Mr. Sjodin that there are other requirements involved in a major subdivision not required in a minor.

MSP (Hodges-Shelquist) to set public hearing for May 10, 1976, at 8:15 p.m. on the proposed major subdivision for 8334 Groveland.

Adm. Achen noted for the minutes that Council is requesting Planning Commission to reconsider this item at their next meeting.

PROPOSED DEVELOPMENT OF DUPLEXES AT 7624-7638 WOODLAWN DR.

5 ayes

Adm. Achen stated that the property involved is next to four­plexes that exist across the street from city maintenance building. Developer plans to put in two duplexes and has option to buy another parcel where he can get two more duplexes. Zoning is appropriate for that use. Planning Commission has recommended approval. Staff recommended that attached garages be stipulated. Staff also recommended a tree of no less than 2" diameter be provided in front yard of each unit, driveways be paved, and an acceptable drainage plan be submitted before building permits are issued.

Adm. Achen added that the site is a low spot off Edgewood, north of Bronson. Inspection Dept. feels it is not a major drainage problem; figure fill from excavated site can be used to fill low area; but it can't be built without any indication of drainage.

Mayor Johnson asked when they proposed to start? Adm. Achen replied that they had paid their building permit fees, so assume they'd like to begin as soon as possible.

~1SP (Johnson-Hodges) to approv~ in concept the construction of duplexes at 7624 and 7638 Woodlawn Dr. and that the City Attorney and Administrator negotiate a development contract to cover the construction of these two dwellings and that the development contract should embody the parking requirements which would be applicable under our new zoning code, that drainage be covered and that it also comply with our proposed drainage study which we are getting from Banister & Short, that garage be included in the project in accordance with our proposed zoning ordinance, drainage on lot lines including easements, placing

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of trees on the property and paving of the driveways.

Adm. Achen pointed out that waiting for the Banister & Short study would postpone any construction until after June. Mayor Johnson directed the Administrator to discuss this item with Banister & Short and find out what they have in mind for that area so to be c<Dnsistent with their report in coming up wi th a development plan.

MINOR SUBDIVISION REQUEST OF MARLAN J. ARNDT FOR 8444 EASTWOOD.

Adm. Achen stated the Planning Commission's recommendation for approval creating two lots; the east to be 234.04' x 101.26' and the west 234.04' x 101.26' with 5' utility and drainage easements along rear of both lots. The grading of the parcel should be approved by the Inspection Department.

Councilman Shelquisted asked if the Inspection Dept. had looked at the parcel. Adm. replied they had and saw no major problem, just had to be graded to drain proper direction.

MSP (Johnson-Pickar) to approve minor subdivision of MarIan J. Arndt for 8444 Eastwood in accordance with the Surveyor's Certificate in the subdivision file and with the easements noted thereon.

ROBERT WASTE REPRESENTING THE MOUNDS VIEW LIONS CLUB and two other Lions Club members presented a request to again hold the Lion's Used Car Flea Market beginning Saturday, May 1, 1976. Councilman Hodges inquired how long they planned to sell? Mr. Waste replied they would like to try Saturdays instead of Sundays this year and they would like to remain open through October or perhaps even November, being closed, of course, for the holiday weekends.

Mayor Johnson inquired as to who sells these cars? Mr. Waste replied that at least 50% of them are coming from people in Mounds View and probably most of the buyers, too. He said he has a list. Mr. Waste indicated that every type of car is sold from low cost to high price, some people getting rid of an excess car, some just ready to trade.

Councilman Shelquist asked regarding the sign situation? Mr. Waste indicated they would need an okay again for signs, keeping them on one side of the street again. Councilman Shelquist suggested one single sign to put out during the sale. Mr. Waste said they already had signs made up -- one large sign would cost too much and they are trying to watch their budget.

Mayor Johnson asked regarding hours, and Mr. Waste stated them to be 10:00 a.m. to 5:00 p.m. and all cars would be removed at close of sale each day.

5 ayes

5 aye

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MSP (Shelquist-Johnson) to grant Lions Club special use permit to operate used car flea market on the property of Robert Waste east of the Launching Pad, Saturdays from 10:00 a.m. to 5:00 p.m. with the stipulation that all cars be removed by 6:00 p.m. of the evening of the sale and with the stipulation that one permanent sign may be left throughout the week and any additional signs will be removed each day at the close of the sale.

Mr. Waste objected to putting signs up and down each Saturday. He stated there were no complaints last year. Why not go along with it again this year?

Mayor Johnson stated it is not a question of running into problems. The problem is uniformity in enforcing the code everybody else pointing their finger at us and saying they could, why can't we.

Council Shelquist stated we have to consider how the road sides look to non-residents driving through the city; they get an impression of the city by what they see.

Roll call vote was requested:

Councilman Shelquist - aye Councilman Hodges - aye Councilman Baumgartner - nay Councilman Pickar - aye Mayor Johnson - aye Motion carried.

Councilman Baumgartner stated his reason for a nay vote being that he'd rather see six little signs than one great big one.

On behalf of the Lions Club , Robert Waste presented Council with a check in the amount of $135 covering the cost of the stove which the Lions Club donated to city hall.

MSP (Johnson-Pickar) to receive check from the Mounds View Lions Club in the amount of $135 for contribution of electric stove downstairs and sincerely express our appreciation for that donation. We know the Lions works hard to raise their money. Council doesn't wish to be arbitrary as far as civic organizations are concerned. But we must be concerned with what goes on with all businesses. 5 ayes

Mayor Johnson instructed Mr. Waste to see the Administrator when they had their plans for the used car flea market sign ready.

MSP (Shelquist-Johnson) to waive the fee for erection of sign for Lions Club flea market. 5 ayes

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John Bearden submitted plans and specificatiomfor improvement of the north ditch of Highway 10 from Long Lake Rd. to County Rd. I, MOUNDS VIEW SQUARE SHOPPING CENTER, PROJECT NO. 1975-4. Engineer Bearden said they had prepared plans for installing an 18" diameter pipe at bottom of the ditch with fill over the pipe in accordance with District 5's recommendations. The ditch grade is the grade approved by the Highway Dept. and Rice Creek Watershed District last fall. Only difference now is the pipe.

Councilman Hodges asked if this pipe would be just in front of shopping center, and Eng. Bearden replied from Long Lake Rd. culvertto culvert in County Rd. I installed by Ramsey County last fall.

Mayor Johnson stated we have spent $9,000 on that ditch already and now another $26,700. What about assessing and collecting this money? Atty. Meyers said he had discussed this with staff and appears that the original $9,000 was expended pursuant to the emergency provision of Chapter 429 as well as normal 429 procedures based on petition. Atty. stated that if we didn't do anything else we could assess the $9POO based on that procedure.

Attorney Meyers stated that with the new proposal, it is no longer falling within the scope of the original emergency improvement project. Therefore, he recommended that a new Chapter 429 procedure be commenced involving the normal hearings, ordering the project, advertising for bids, letting contracts and going ahead with the work. Council may assess original $9,000 to go on a 1977 tax bill, based on the old proceeding. If the Council orders the new $26,700 project, the option is that you could assess the whole thing at one assessment proceeding; there is only one benefited property owner and that would be assessed against that property. The Atty. indicated the timetable (listed below) is in compliance with " the Chapter 429 procedure.

Proposed timetable for proceeding with improvement: April 26 - Bearden present feasibility study and cost

estimate and Council order final plans and specifications, order public hearing, and order advertisement for bids.

April 27 - notification of hearing sent to property owners to be assessed (Paster Enterprises) .

April 29 - legal notice of hearing and advertisement for

May 6 -May 10 May 10

bids published. legal notice of hearing published. midday open bids and prepare bid summary.

Council meeting - hold public hearing, order improve­ment, receive and approve final plans and speci­fications, receive bids, and award contract. construction begins. May 11 -

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