City Council Meeting Minutes · the school is allowed to resume operation. MS (Neisen-Baumgartner)...

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) ) October 28, 1974 Page 4 Attorney Meyers stated there is a question of city liability if it allows the Center to temporarily operate without the special use permit. He stated that action could be brought against the city and that even should the city win the case, legal costs would be incurred . Mayor Neisen stated the important point is that the Center is operating illegally. Councilman Baumgartner asked the fire chief whether adequate safety precautions could be instituted within one day . Chief Fagerstrom answered that they would probably take longer than one day but that they could be implemented within two or three days . Councilman Baumgartner felt such precautions should be implemented before the school is allowed to resume operation. MS (Neisen-Baumgartner) that operation of the school and bible college be discontinued until a special use permit is granted, the fire code is complied with and state approval of the educational program is received. Mr. Robert Chandler, 1616 Pioneer Building, St. Paul, noted that he is council for the Center. He stated that the bible college is not really a school but part of the normal operation of any church. He asked that it be allowed to continue without interruption. He questioned whether constitutionally a church could be investigated by a govern - mental agency. He agreed with Attorney Meyers that it was proper for the city to regulate churches with regard to land use. He felt the Council should be concerned with probabilities; that the probability of a fire inthe Center should be weighed against the probability of damage to the lives of children attending this school if its operation is interrupted. MSP (Baumgartner-Pickar) to amend the motion above to state that the school be discontinued until safety precautions meeting the satisfaction of the fire chief are implemented. Councilman Pickar stated that this would not require the school to be shut down for the entire time before a permit can be issued . Councilman Johnson asked the fire chief if there is any way to implement adequate safety precautions without the Center investing a substantial amount of money in improvements. Chief Fagerstrom answered that some form of temporary solution could be found and suggested that the Center could employ one or two people as fire monitors during school hours. This would not require purchase of any equipment. A roll call vote was taken on the amendment. Pickar Aye Baumgartner Aye Johnson Naye Hodges Aye Neisen Naye Mounds View / City Council Meeting Minutes Minnesota Historical Society

Transcript of City Council Meeting Minutes · the school is allowed to resume operation. MS (Neisen-Baumgartner)...

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October 28, 1974 Page 4

Attorney Meyers stated there is a question of city liability if it allows the Center to temporarily operate without the special use permit. He stated that action could be brought against the city and that even should the city win the case, legal costs would be incurred .

Mayor Neisen stated the important point is that the Center is operating illegally.

Councilman Baumgartner asked the fire chief whether adequate safety precautions could be instituted within one day .

Chief Fagerstrom answered that they would probably take longer than one day but that they could be implemented within two or three days .

Councilman Baumgartner felt such precautions should be implemented before the school is allowed to resume operation.

MS (Neisen-Baumgartner) that operation of the school and bible college be discontinued until a special use permit is granted, the fire code is complied with and state approval of the educational program is received.

Mr. Robert Chandler, 1616 Pioneer Building, St. Paul, noted that he is council for the Center. He stated that the bible college is not really a school but part of the normal operation of any church. He asked that it be allowed to continue without interruption. He questioned whether constitutionally a church could be investigated by a govern­mental agency. He agreed with Attorney Meyers that it was proper for the city to regulate churches with regard to land use. He felt the Council should be concerned with probabilities; that the probability of a fire inthe Center should be weighed against the probability of damage to the lives of children attending this school if its operation is interrupted.

MSP (Baumgartner-Pickar) to amend the motion above to state that the school be discontinued until safety precautions meeting the satisfaction of the fire chief are implemented.

Councilman Pickar stated that this would not require the school to be shut down for the entire time before a permit can be issued .

Councilman Johnson asked the fire chief if there is any way to implement adequate safety precautions without the Center investing a substantial amount of money in improvements.

Chief Fagerstrom answered that some form of temporary solution could be found and suggested that the Center could employ one or two people as fire monitors during school hours. This would not require purchase of any equipment.

A roll call vote was taken on the amendment. Pickar Aye Baumgartner Aye

Johnson Naye Hodges Aye Neisen Naye

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October 28, 1974 Page 5

D'Arcy Bosell, 2601 Ridge Lane, stated that she is opposed to the city condoning any violation of its ordinances. Stanley Ziska, 7501 Spring Lake Road stated that his child attends the Center's school and that he is concerned about disrupting the educational process.

Attorney Meyers responded to questions by Councilman Johnson by stating that the zoning code does not require any notice of violation or grace period for compliance. He stated that if the operator chooses not to obey Council directive the city could seek an injunction. He noted that this meeting is notice to the Council that there is a zoning violation. There does not appear to be any way · to give the Center notice, allowing them time to implement fire precautions, and still absolve the city of any liability in the meantime.

Mr. Chandler stated that the important question is how great is the risk of fire. By using the roving fire monitors, as suggested by the fire chief, the risk would be minimal, and he is sure the Center will agree to hire monitors.

Administrator Achen read the amended motion and noted that there appears to be a contradiction between the original motion and the amendment .

Attorney Meyers suggested that the amended motion be clarified, and he questioned whether it was proper for the Council to inquire about accreditation of the school.

Mayor Neisen and Councilman Baumgartner withdrew their original motion and second. The Mayor ruled that this withdraws both the original motion and the amendment.

Mayor Neisen stated that, if someone from the Center would give the Council notice of intent to apply for a special use permit, the application could be put on the agenda of the next Planning Commission meeting. Rev. Bauman answered that he would hereby give such notice. Attorney Meyers said that as a courtesy, the Council could · send the Center a notice of violation and allow a reasonable time for compliance.

MSP (Johnson-Hodges) that the Council receive a special use permit appli­cation from the Compassion Christian Center tonight, that a hearing be set for December 23, and that the Planning Commission submit its recommen­dation on the application prior to the hearing. Further, that the Center be allowed until October 30 at 4:30 p.m. to provide fire prevention and detection systems satisfactory to the fire chief and that a report of these systems be submitted to the Council by the fire chief.

Pickar Aye Baumgartner Aye

Johnson Aye Hodges Aye Neisen Naye

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MSP (Baumgartner-Hodges) to direct the staff to send a letter to the Compassion Christian Center notifying them of their violation of section 40.05 of the municipal code and allowing them 60 days to comply.

Mayor Neisen's Report Mayor Neisen read a letter from the secretary of the Sunnyside PTA. He stated that he spoke to the New Brighton city manager and learned that New Brighton plans to install sidewalks in the Sunnyside area but they will not be installed for five years or so. He noted that it is the Ramsey County engineer's opinion that flashers do not effectively promote motorist caution.

Mayor Neisen read a letter from the Pinewood School Parent Advisory Council regarding animal control.

MSP (Neisen-Johnson) to approve the list of election judges and counters Submitted by the staff.

Clerk Administrator Achen's Report MSp (Neisen-Hodges) to approve the licenses: General Contractor- Hoyt Construction Co., Inc., Big Bear Construction, Bill Campbell Const. Co., Century Fence Co.; Transient Merchant - Cub Scout Pack #714 (Wayne Erickson, Cubmaster) waiving the fee for the cub scouts.

MSP (Neisen-Pickar) to approve the bills: General Fund Check #9238 thru #9305 excluding #9300, Payroll Account Check #1126, Payroll Checks #1422 through #1456. Transfer Check #9299 transferring funds to establish Building Fund as follows: from Sewer $342,413.00 (includes $321,711.00 connection charges), from Water $20,702.00, from General $75,000.00 Transfer Check #9304 transferring $1,196.80 to Revolving Fund from Project Fund to close out the latter. Transfer Check #9302 transferring $13,399.55 to Payroll Account to pay gross pay of October 30, 1974; from General $11,028.74, from Water $1,065.36, from Sewer $1,205.45. Total disbursements $84,473.30.

Mayor Neisen directed the administrator to request that the architect appear at the next agenda session.

MSP (Neisen-Hohnson) to receive the bids on an unmarked police car and accept the staff report recommending the bid of Midway Ford and approving the sale at auction of our trade-in unit.

MSP (Neisen-Pickar) to set the bid eJp-e-ning on the diseased tree removal contract at 2:00 p.m. on November 12, 1974.

MSP (Neisen- Hodges) to receive the third quarter financial statement from the administrator and to study it for later discussion.

Councilman Pickar noted that tax revenue receipts were only about 50% of budgeted. Administrator Achen responded that the balance of the property tax revenues are expected in the fourth quarter.

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Councilman Hodges' Report Mayor Neisen stated that the Mounds View Civil Defense Unit will meet November 7 at 7:00 p.m. and that he and the administrator will attend. Councilman Hodges requested the city attorney to read the agreement pre­pared for the sale of the Civil Defense truck .

MSP (Neisen-Hodges) to authorize the mayor and administrator to sign the agreement and stipulating a sale price of $60.00.

Pickar Aye Baumgartner Aye

Johnson Aye Hodges Aye Neisen Aye

Councr lman Hodges requested that the city engineer prepare an updated storm sewer map.

Councilman Baumgartner's Report Councilman Baumgartner read the Planning Commission minutes of October 23. MSP (Baumgartner-Pickar) to approve the request to subdivide Mr. Bolduc's property as recommended by the . Planning Commission with the stipulation that a five foot utility easement be provided by Mr. Bolduc at the rear of each lot and that payment of the appropriate park fund cash dedication is made.

Councilman Baumgartner announced that the Planning Commission meetings in November and December have been changed to the third Wednesdays. He noted that the Planning Commission has begun working sessions on the proposed comprehensive plan. Councilman Baumgartner read the Park Commission minutes of September 26 and noted that study of a five year parkland development program was initiated.

Attorney Meyers' Report Attorney Meyers stated that the law requires the two major political parties to be equally represented on the election panel whenever possible. He noted that independents are not a party and have no right at present to demand positions on such panels.

MSP (Neisen-Hodges) to direct the administrator to notify the registered fee owner of the horne at 8390 Eastwood Road that his building is a public hazard and to give him 15 days in which to abate the hazard.

Mayor Neisen apologized for not requesting other residents' comments after the scheduled agenda items. Administrator Achen stated that in the past the city sometimes purchased dinners for election judges and noted that the problem was that not every election official could take time to eat the hot meal, because the polls are so busy at that time. The Council directed the administrator not to serve dinners to the election judges.

Councilman Baumgartner stated that he received a comment from a resident requesting the Bel Rae Ballroom to relocate its Polka sign.

MSP (Johnson-Pickar) to adjourn at 11:05 p.m.

ReSpectfully submitted

Mark~~dministrator

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PROCEEDINGS OF THE CITY COUNCIL CITY OF MOUNDS VIEW

RAMSEY COUNTY, MINNESOTA November 6, 1974

A special meeting of the Mounds View City Council acting as a canvassing board was called to order by Mayor Neisen at 6 : 30 p.m. on November 6 , 1974 at the Mounds View City Hall, 2401 Highway #10, St. Paul, Minnesota 55112.

Present: Mayor Neisen Councilman Hodges Councilman Johnson Councilman Baumgartner Councilman Pickar

Also Present: Clerk-Administrator Achen

Absent: Attorney Meyers Engineer Bearden

Administrator Achen presented the election results b f the November 5, 1974 General Election for all city precincts. He noted that 47.4 percent of the 5551 registered voters cast ballots. The Council discussed the election results and election procedures . (The election results are attached) .

MSP (Neisen-Pickar) To certify the election results as presented by the administrator.

Steve Thompson, 7190 Silver Lake Road, Apt. 308, stated that he had heard that some precincts allowed voters to mark their ballots without using a voting booth. He also said that he had heard that there might have been some ballots taken out of the polling places.

Administrator Achen stated that some problems developed from the unexpected large turn-out and that there were inadequate numbers of booths at the polling places. He stated that under the conditions the judges should be commended for their work. Many stayed at the polls for 14 to 16 hours. He noted that the use of paper ballots is a very cumbersome and time con­suming process particularly in terms of counting.

Tom Doherty, 2757 Laport, suggested that a study be made of election procedures to examine possible improvements. Mayor Neisen stated that citizens voting in Mounds View precincts did not have to wait as long as voters in many other precincts.

Mayor Neisen read a letter proposed by the administrator to send to the City of New Brighton regarding connection to the Mounds View sanitary sewer system by New Brighton residents living on the south side of County Road H west of Knollwood Drive.

MSP (Neisen-Hodges) To approve the letter setting forth the following proposed stipulations for such connections : 1) the City of New Brighton mus t construct and maintain the lateral connecting to our main; 2) the City of New Brighton must assume standard responsibility for damages to our main emanating from said lateral ; 3) the City of New Brighton shall indicate the maximum number of service connections planned in the proposal ; 4) the appropriate fees (SAC charge , etc . ) shall be paid the Metropolitan Sewer Board by the lot owners; 5) permits for connections to the lateral shall be issued and administered by the City of New Brighton and a copy sent to the City of Mounds View;

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6) the City of New Brighton shall pay the City of Mounds View the standard $100.00 unit charge for each connection made to the lateral (this is the same charge assessed Mounds View residents who connect to the syste~i and 7) quarterly the City of New Brighton shall remit to the City of Mounds View for each lot connected to the system the sewer usage charge prevailing in Mounds View .

MSP (Neisen-Johnson) To grant NSP authority to underground and service lines through Groveland Park .

MSP (Johnson-Pickar) To adjourn at 7:05 p.m.

Respectfully submitted,

Mark Achen Clerk-Administrator

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November 5, 1974 page 1 Of 4

Pct #1 Pct #2 Pct #3 Pct #4 TOTAL REPRESENTATIVE IN CONGRESS 4th DISTRICT

Karth 616 654 493 303 2066

I( ) Rheinberger 170 187 85 83 525

REPRESENTATIVE IN LEGISLATURE DIST 46A

McCarron 594 621 467 1682

Kirkham 192 222 109 523

REPRESENTATIVE IN LEGISLATURE DIST 49A

Neisen 278 278

Lombardi 109 109

GOVERNOR & LT. GOVERNOR

Anderson & Perpich 583 590 441 272 1886

Johnson & Hoberg 152 184 104 78 518

Van Deusen & Schwart z 3 0 0 1 4

Marquit & Flower 3 0 1 0 4

) Pool & Jaspersen 7 14 5 5 31

t Kleinow & Jensen 1 0 1 0 2

Gunderson & Heck OJ 4 1 0 5

Mi les & Miles 43 56 32 26 157

SECRETARY OF STATE

Growe 536 522 407 247 1712

Erdahl 239 304 167 122 832

Slater 18 21 12 13 64

STATE AUDITOR

Mattson 505 543 411 242 1701

Hatfield 277 298 168 141 884

STATE TREASURER

Lord 548 567 448 270 1833

L ) Stassen 238 274 135 112 759

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page 2 of 4 Pet #1 Pet #2 Pet #3 Pet # 4 TOTAL

ATTORNEY GENERAL

if ) Spannaus 571 575 449 270 1865

Nyquist 191 229 117 94 631

Lamkin 27 39 18 20 104

ASSOC. JUSTICE TO WHICH JAMES OTIS WAS ELECTED

Graham 212 252 157 109 730

Otis 511 544 395 253 1703

ASSOC. JUSTICE TO WHICH JOHN TODD WAS APPOIRTED

Todd 678 727 527 343 2275

ASSOC. JUSTICE TO WHICH HARRY MAC LAUGHLIN WAS APPOINTED

Mac Laughlin 675 722 529 339 2265

ASSOC. JUSTICE TO WHICH LAWRENCE YETKA WAS APPOINTED

(( ) Flanery 345 380 267 185 1177

Yetka 353 384 274 168 1179

ASSOC. JUSTICE TO WHICH GEORGE SCOTT WAS APPOINTED

Scott 683 730 527 339 2279

COUNTY COMMISSIONER DIST 1

MacKay 219 207 128 75 629

Orth 518 586 431 298 1833

COUNTY ATTORNEY

Foley 417 437 300 202 135 6

Randall 325 378 265 171 1139

SHERIFF

Hedman 390 452 320 186 1348

) Zacharias 349 ~

357 245 191 1142

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page 3 of 4 Pet #1 Pet # 2 Pet #3 Pet # 4 TOTAL

ABSTRACT CLERK

r( ) O'Connor 326 384 270 173 1153

O'Donnell 338 356 254 164 1112

JUDGE OF PROBATE COURT

Glenn 662 706 521 335 2224

DISTRICT JUDGE TO WHICH GINGOLD WAS ELECTED

Gingold 397 457 310 208 1372

O'Reskie 209 305 225 154 893

DI STRICT JUDGE TO WHICH HACHEY WAS ELECTED

Hachey 659 706 516 335 2216

DISTRICT JUDGE TO WHICH MULALLY WAS ELECTED

Mulally 663 704 515 332 2214

(( '1JISTRICT JUDGE TO WHICH PLUNKETT WAS

) )LECTED /

Plunkett 666 713 520 337 2236

DISTRICT 3 " r. 1 <::1 \~

SOIL & WATER CONSERVATION SUPT.

Deneen 669 70 [J; 5lL 4 332 2222·

DISTRICT 5 SOIL & WATER CONSERVATION SSUPT.

Zwiers 660 700 509 327 2196

AMMENDMENTS

Number 1 Yes 625 610 459 300 1994 No 143 210 109 75 537

Number 2 Yes 508 503 368 244 1623 No 251 311 201 127 890

Number 3 Yes 564 574 417 270 1825 No 196 234 145 103 678

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Pet #1 Pet #2 Pet ;#3 Pet #4 TOTAL

, ITY OF MOUNDS VIEW

( ) Cox 177 411 256 106 950

Malvin 222 354 220 140 936

Hodges 493 363 300 204 1360

Baumgartner 488 403 258 209 1358

HOSPITAL DISTRICT

Rosemary Goff 724 772 546 353 2395

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PROCEEDINGS OF THE CITY COUNCIL CITY OF MOUNDS VIEW

RAMSEY COUNTY , MINNESOTA

A regular meeting of the Mounds View Neisen at 8:02 p.m., on November 12, Highway #10, Mounds View , Minnesota

Present: Mayor Neisen Councilman Hodges Councilman Baumgartner Councilman Johnson Councilman Pickar

City Council was called to order by Mayor 1974 at the Mounds View City Hall , 2401 55112

Also Pr esent : Clerk- Administrator Achen Attorney Meyers Engi neer Bearden

MSP (Hodges-Pickar) to accept the minutes of the regular meeting of October 28 , 1974.

MSP (Baumgartner-Hodges) to accept the minutes of the special meeting of November 6, 1974.

Mayor Neisen read his letter of resignation . He expressed his sincere appreci­ation to the City of Mounds View for his opportunity to serve on the Council . He said he felt mixed emotions about leaving but that he was very happy to have a part in the growth of Mounds View. He noted that he would continue to be a spokesman for the community .

Mayor Neisen stated that he had invited Linda Malvin and Gary Cox to this meeting because he wanted to discuss their campaign literature accusations . In regard to Cox' literature the Mayor stated that Mounds View has eleven, not eight full time policemen; that money is available for water meter deposit refunds and in fact a number of such refunds are among the bills for appr oval tonight ; and that the administrator does not set employee salaries, rather all salaries are approved by a majority vote of the Council .

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In regard to Malvin's literatureshe stated that the administrator alone did not appoint the park director, the architect, and the planning consultant . All were appointed with Council approval. Mounds View operates under the city administrator form of government. A full time park director was determined to be in the best interest of the community rather than a part time director shared with neighboring cities . The state standard for police protection is one policeman for 1 , 500 residents, so Mounds View is well within the standard . The petition of Sunnyside property owners against the new street construction was not signed by a majori ty of the property owners . Use of escrowed sewer connection charges has been fully discussed at open Council meetings and information regarding their use has been and is available to all interested citizens . The Rice Creek property is part of the Ramsey County Open Space system and not Mounds View's own park system.

Mayor Neisen stated that he was bringing these issues up after the campaign in order not to affect the election but to give citizens full and accurate information regarding the accusations. In response to a question from Councilman Baumgartner, he stated that both Mr . Cox and Ms . Malvin had been invited to the meeting .

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Councilman Johnson stated that the campaign literature presented by these candidates Was particularly offensive at this time when the credibility of politi cal officials is so low in public opinion. He stated that the Mounds View Council has gone out of its way to keep citizens informed. He expressed his disappointment that anyone would think the voters of Mounds View could be swayed by such tactics.

Mayor Neisen introduced Mayor Farrell of Shoreview.

Councilman Hodges stated that he agreed with the Mayor's statements regarding the campaign literature of Cox and Malvin. He noted that the architect that was selected had originally been recommended by himself, not the administrator .

Residents Requests and Comments from the Floor:

D'Arcy Bosell, 2601 Ridge Lane, complimented the Mounds View Police Department on the high quality of emergency service they provide.

Mayor Neisen's Report

Mayor Neisen read the police report for October.

Administrator Achen's Report

MSP (Neisen-Hodges) to approve the bills: General Fund checks #9300 and #9307 through #9411, Payroll Account checks #1127 through #1131, Payroll checks #1457 through #1484, transfer check #9404 transferring $10,650.61 from General, $924.00 from Water, $1,334.00 from Sewer to Payroll Account to pay gross pay of November 15, 1974. Total disbursements $23,157.81. The Mayor noted that he had deleted check #9306 from his motion because of an error: the Councilmen themselves plan to pay for the flowers for Walter Skiba.

MSP (Hodges-Johnson) to adopt Resolution #646 reapportioning the assessments on Division No. 48898.

Administrator Achen presented a summary of the bids received for purchase of the city's 1971 Ford Custom.

MSP(Neisen-Johnson) to sell the vehicle to the high bidder, Mr. Robert A. Hauser, ($905 . 25) and to authorize purchase of the 1974 Ford Gran Torino from Midway Ford as approved at the October 28, 1974, Council meeting.

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5 Ayes MSP (Johnson-Pickar) to receive the bids for tree removal and to hold them pending a staff recommendation.

MSP (Baumgartner-Hodges) to appoint two part time recreation employees, a skating rink supervisor at $3.00 per hour and a boy's basketball supervisor at $2.75 per hour.

Councilman Baumgartner stated that he pre sumed Mr . Pete r sen woul d work approxi~ mately the same number of hours as l ast year- about 12 hours per week .

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Councilman IioAg.e..s noted that additional counters might be a solution to some of our election problems. He also suggested that the Council consider adoption of the Plan B, city management, form of government as was approved by Shoreview voters in the last election.

Councilman Johnson requested that the administrator be sure Mr. Walijarvi is invited to the November 19 agenda meeting. Councilman Johnson thanked Mayor Neisen for the opportunity to work with him and expressed thank for all of his efforts in behalf of the City of Mounds View.

Councilman Baumgartner's Report

Councilman Baumgartner also stated his thanks to Mayor Neisen and wished him the best of luck in his endeavors at the State legislature.

Councilman Baumgartner read the Park Commission minutes of October 24, 1974.

Councilman Pickar's Report

Councilman Pickar stated that the Lakeside Park Commission meeting of November 12 had been postponed. He asked the administrator to investigate the possibilities for using voting machines at the next city election. Councilman Pickar stated that Mayor Neisen's leadership has been instrumental in making the Council such a close, hard-working group and that he appreciated the chance to serve under the Mayor.

Attorney Meyers' Report

Attorney Meyers stated hearings on easement acquisition for Project 1973-4 were currently underway and that he expected them to be completed in January. He read a proposed resolution to accept the Century Motor Freight project and asked for a motion authorizing the administrator to sign the security agreement for all the personal property on the MSJ Company (Century Motor Freight) premises.

MSP (Neisen-Hodges) to adopt Resolution #647 as recommended by the attorney.

MSP (Hodges-Johnson) to authorize the administrator to sign the agreement with MFJ Company.

Engineer Bearden's Report

Engineer Bearden suggested that Council award the Project 1973-4 bid to the low bidder subject to the successful sale of bonds. This will allow the contractor a one week head start on the project.

MSP (Neisen-Pickar) to accept the low alternate bid of Orfie and Sons, Inc., of $979 , 430.49 for Project 1973-4 pending the successful sale of bonds to finance the project .

Steve Thompson, 7190 Silver Lake Road, asked if appointment of Mayor Neisen's replacement is governed by the open meeting law . Attorney Meyers answered 'yes'.

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( In response to a question from Councilman Johnson, he stated that the vacant mayoral position must be filled by the Council and that should a vacancy occur in a Council seat, the Council must fill it also.

Councilman Hodges noted that Mayor Neisen was the best Mayor he had ever served with, including the one named Hodges.

MSP (Johnson-Baumgartner) to adjourn at 9:00 p.m.

Respectfully submitted,

Mark Achen, Clerk-Administrator

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Page 15: City Council Meeting Minutes · the school is allowed to resume operation. MS (Neisen-Baumgartner) that operation of the school and bible college be discontinued until a special use

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SPECIAL MEETING CITY OF MOUNDS VIEW

COUNTY OF RAMSEY MINNESOTA

A special meeting of the City Council was called to order by Mayor Neisen at 8:14 p.m. on November 19, 1974, at the Mounds View City Hall, 2401 Highway #10, Mounds View, Minnesota 55112

Present: Mayor Neisen Councilman Hodges

Absent: Councilman Baumgartner

Councilman Johnson Councilman Pickar

Mayor Neisen stated that Counci lman Baumgartner had been called out of town on short notice apd would not be present.

Mr. Seegar Swanson, Ehler and Associates, noted that documentation of the projects involved in the bond sale had been prepared but that Council action should be taken to assure that proper procedure had been followed in the ordering of Project 1974-1. To do so, he read a proposed resolution.

MSP (Pickar-Hodges) To adopt Resolution No. 648 determining the adequacy of the petition and ordering Improvement Project 1974-1.

Neisen Aye Hodges Aye

Johnson Aye Pickar Aye

Mr. Swanson announced that Mounds View had received a new Moody rating of Baa-l. He stated that this should improve the interest rate on the proposed sale. He noted that the night before the City of North St. Paul with the same rating had sold bonds at 6.433%

Administrator Achen presented affidavits of publication of notice of bond sale in the New Brighton Bulletin, the official newspaper of the City, and in the Commercial West, published at Minneapolis, Minnesota , as required by law and as directed by resolution of the Council adopted October 28, 1974. The affidavits were examined, approved and ordered filed in the office of the Clerk-Administrator .

Mayor Neisen announced that the meeting was open for the purpose of receiving and considering sealed bids for the purchase of $1 ,. 680,.000 Improvement Bonds of 1974 of the City .

Administrator Achen announced that he had received bids for said bonds t

which upon being opened were found to be as follows :

Name of Bidder

First National Bank of St. Paul, Mn. (Account Manager)

Banc Northwest (Account Manager)

Net Interest Cost & Rate

$938,767.25 6.1639%

$952,350.36 6.2531%

Price

$1,666,014.00

$1,662,221.52

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Page 16: City Council Meeting Minutes · the school is allowed to resume operation. MS (Neisen-Baumgartner) that operation of the school and bible college be discontinued until a special use

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-2-Special Meeting

November 19, 1974

MSP (Neisen - Johnson) To adopt Resolution No. 649 awarding sale of $1,680,000 Improvement Bond of 1974 to the highest and best bid of First National Bank of St. Paul, Minnesota.

Neisen Aye Hodges Aye

Johnson Aye Pickar Aye

MSP (Hodges-Pickar) To adopt Resolution No . 650 authorizing the issuance, sale, and delivery of $1,680,000 Improvement Bonds of 1974, payable from the Improvement Bond Redemption Fund, and provide and appropriate special assessments for the support and maintenance of said fund.

MSP (Neisen-Hodges) To authorize the administrator to prepare a check for $20,000.00 payable to Kenneth H. Waliiarvi and Associates, Architects, for the November 25 , 1974 bills for approval, and that the balance due Mr. Walijarvi's Firm be held in reserve to cover any future extra costs or COntingencies pending a decision by the Council regarding these matters at the completion of the construction.

Councilman Johnson asked that the administrator send a letter to Kenneth Walijarvi expressing this motion and the Council's appreciation for the manner i n whi ch he presented the case and for his willingness to reach an agreement fully satisfactory to the Council.

MSP (Neisen-Johnson) To authorize the administrator to execute a hold­harmless agreement with Ervin Herbst for the disposal of trees under the city's diseased tree program.

MSP(Pickar-Hodges) To adjourn at 8:43 p.m.

Respectfully submitted,

""1 aNS MIVVl-Mark Achen, Clerk- Administrator

4 Ayes

4 Ayes

4 Ayes

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Page 17: City Council Meeting Minutes · the school is allowed to resume operation. MS (Neisen-Baumgartner) that operation of the school and bible college be discontinued until a special use

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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 Neisen at 8:00 p.m., on November 25,1974 at the Mounds View City Hall, 2401 Highway #10, Mounds View, Minnesota 55112

Present: Mayor Neisen Also Present: Councilman Hodges Councilman Baumgartner Councilman Johnson Councilman Pickar

Clerk-Administrator Achen Attorney Meyers Engineer Bearden

MSP (Hodges-Pickar) To accept the minutes of November 12, 1974.

MSP (Pickar-Hodges) To accept the minutes of the special meeting of November 19, 1974.

Mayor Neisen discussed the comments of Mayor Nawrocki of Columbia Heights of November 15, 1974 before the Minnesota House Committee on Governmental Operations. The Committee held hearings on the Minnesota Open Meeting Law and Mayor Nawrocki testified that four particular council subjects required Private deliberations: collective bargaining, negotiations for purchase of real estate, litigation, key personnel actions such as selection of depart­ment heads and disciplinary actions against employees. His testimony stated that final decisions on such and the reasons, however, should be made at a public meeting.

Mayor Neisen stated that he agreed that the Open Meeting Law had some flaws and might be improved.

MSP (Neisen-Johnson) To approve the following bills: General acct. checks #9306 and #9412 thru #9458, Payroll acct. check #1132, Payroll checks #1486 thru #1520, Transfer check #9456 transferring $11,001.82 from General, $998.76 from Water, and $792.00 from Sewer to Payroll account to pay gross pay of November 30, 1974. Bond acct. check #118. Total disbursements $276,093.62.

Administrator Achen stated that he planned to send check #9455 immediately per the architect's request because the city hall contractor was due this payment November 15, 1974.

MSP (Neisen-Hodges) To approve the general contractor and heating and air condi tioning licenses pending receipt of certificates of insurance from each applicant. General Contractor - Pay-less Garage Bldrs., R . L. Warner Fence, New Housing Concepts, Inc.; Heating and Air Conditioning - Modern Heating & Air Conditioning, Key Plumbing & Heating, Inc.

MSP (Neisen-Johnson) To issue peddlers and solicitors licenses and waive the fees for Cub Scout Pack #68 (November 25 to December 31, 1974) and Cub Scout Pack #400 (November 25 to May 31,1975).

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5 Ayes

5 Ayes

5 Ayes

5 Ayes

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Page 18: City Council Meeting Minutes · the school is allowed to resume operation. MS (Neisen-Baumgartner) that operation of the school and bible college be discontinued until a special use

Page 2 November 25, 1974

MSP (Neisen-Pickar) To issue Transient Merchants license to Mr. Denny Erickson upon the payment of the normal fee and upon the condition that the tree sale be located to minimize traffic congestion on either Highway #10 or County Road H.

MSP (Neisen-Hodges) To refer to the city attorney and city engineer for recommendation at the next regular meeting the request of NSP for a ten foot easement through the Hemsworth property.

Mrs. Huhne, 8406 Red Oak Drive, requested that when the Hemsworth property is sold it be credited to the cost of Project 1973-4.

Administrator Achen presented a petition of all Gloria Circle residents requesting installation of street lights.

MSP (Hodges-Pickar) To request NSP to install a street light in the cul-de- · sac on Gloria Circle and at the Hillview entrace to Gloria Circle. If there is no pole in Mounds View for such installation at the latter point the administrator is to forward the petition and request to the City of Spring Lake Park.

Administrator Achen presented a staff recommendation on the diseased tree removal contract.

Contractor

A.A.A .. Whitesell

BID SUMMARY First Eight Categories - Average Price/Inch Diameter

Tree & Stump Removal

3.83 3.59

Stump Only

.86

.97

Tree Only

3.01 2.63

The first eight categories (tree diameters to 24 inches) were used as the basis for determining the low bidder, because most of Mounds View's trees fall within these categories. The recommendation is to award the contract to Whitesell Tree Service.

MSP (Neisen-Johnson) To accept the staff recommendation and award the bid to Whitesell Tree Service.

5 Ayes

5 Ayes

5 Ayes

Neisen Aye Hodges Aye

Johnson Aye Baumgartner Aye

Pickar Aye Councilman Hodges' Report

Councilman Hodges introduced Mr. Jerry Blanchard of the Mounds View Lions Club who presented the executed agreement for purchase of the civil defense van. He requested that the city assume all liability whenever the van is used by the city.

MS (Neisen-Johnson) To sell the civil defense van per the written agreement and further stipulate that if the city reclaims the van and it is used, the city will assume liability.

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Page 19: City Council Meeting Minutes · the school is allowed to resume operation. MS (Neisen-Baumgartner) that operation of the school and bible college be discontinued until a special use

P~ge 3 November 25, 1974

Councilman Baumgartner stated that the radio equipment and generator should be specifically a part of the agreement so that the city could depend on use of these items as well.

MSP To amend (Neisen-Johnson) requiring that the Lions Club maintain the radio equipment and generator in good operating condition 5 Ayes

Original motion as amended. 5 Ayes

MSP (Neisen-Johnson) To issue a peddlers and solicito+s license and waiving fees to Scout Troup #167. (November 26 through December 25, 1974). 5 Ayes

Councilman Johnson's Report

Councilman Johnson commented on enforcement of the dog ordinance and requested that the administrator discuss with B & E Patrol the use of several dog wardens at a time. He felt that the enforcement effort should be intensified.

Mayor Neisen stated that the Council had deliberated so long on the dog ordinance that we should not allow it to be ignored.

Administrator Achen stated that he would prepare monthly dog reports for the Council meetings.

The Council discussed a possible change order in the city hall construction with regard to the glass doors entering the Council room. The doors were originally designed to allow opening of the Council room in overflow situations, and the Council generally felt that the design was satisfactory.

Mayor Neisen commented on the city's new Moody rating of Baa-l and stated that interest rates have apparently moved upward again since the city sold bonds last Tuesday. So Mounds View has a comparatively good interest rate.

Councilman Baumgartner's Report

Councilman Baumgartner read the Planning Commission minutes of November 20, 1974. He noted that a hearing had been set by the Council regarding Compassion Christian Center for December 23rd at 8:30 p.m.

Councilman Baumgartner requested the attorney's opinion of whether the city's various boards and commissions have to conform to the Open Meeting Law.

Attorney Meyers stated that some of these commissions have more than advisory powers and might be subject to the law. He recommended that for the time being the commissions attempt to conduct their business in public.

Mayor Neisen directed the attorney to prepare a study of this subject for the Council.

The Council discussed the problem of appointing a new mayor to replace Mayor Neisen and the possibility of having to also fill a vacated Council seat. Mayor Neisen stated that he felt it would be best not to resign until the first meeting in January, because the bond sale will not be completed until December 30. This will allow the re-elected Councilmen to be sworn in prior to the appointment of a new mayor.

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Page 4 November 25, 1974

Councilman Baumgartner requested that the Council solicit applications from candidates interested in serving on the Council.

Judy Rowley, 2562 Ridge Lane, stated that she felt it would be wise to select the new mayor from among the Council members, because they are most experienced. Mayor Neisen stated that the Council might also want to consider past members of the Council for this position, because they are also experienced.

MSP (Johnson-Pickar) To announce to the public that an opening on the Mounds View City Council as either a member or mayor is anticipated at the beginning of 1975 and soliciting the applications of all interested eligible candidates . The applications should include personal data, educational and work background, and any special knowledge or skill related to local government.

Engineer Bearden's Report 4 Ayes

Neisen Abstained

Engineer Bearden stated that Orfie & Sons had begun work today on Project 1973-4 and that property owners in the area had been notified by hand-out. He stated that the storm sewer work and part of the sanitary work was expected to be finished this winter.

MSP (Neisen-Hodges) To accept the completed Project 1974-1 and to direct the city engineer to prepare assessment rolls for the Project.

MSP (Hodges-Baumgartner) To adjourn at 10:09 p.m.

Respectfully submitted

y ))~~~ Mark Achen, Clerk-Administrator

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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 Neisen at 8 :00 p.m . , on December 9 , 1974 at the Mounds View City Hall, 2401 Highway #10 , Mounds View , Minnesota 55112

Present: Mayor Neisen Also Present : Councilman Hodges Councilman Baumgartner Councilman Johnson Councilman Pickar

Clerk-Administrator Achen Attorney Meyers Engineer Bearden

MSP (Hodges-Baumgartner) To approve the minutes of November 25 , 1974.

Mayor Neisen's Report

Mayor Neisen read the police report and dog report and a letter from Glen VanWormer of the state highway department regarding the signal and median at County Road I and Highway #10.

MSP (Neisen-Hodges) To adopt Resolution #651 requesting that Ramsey County install a median on County Road I in accordance with the agreement reached at the public hearings on the subject .

MSP (Neisen-Pickar) To adopt Resolution #652 establishing a 1975 salary schedule:

Police Chief $1,458.00 per month *(pending) Police Captain $1,319.00 per month *(pending) Police Sergeant $1,280.00 per month *(pending) Public Works Superintendent $1,242.00 per month Building Inspector $1 , 208 . 00 per month Recreation Director $1,208 . 00 per month Utility Clerk $ 4 . 05 per hour Administrative secretary (police) $ 3.70 per hour Clerk typist $ 3.65 per hour

*Pending settlement of Local 320 negotiations . Upon settlement the police sergeant and police captain salaries will be , respectively , $75 .00 and $110.00 per month above the police patrolman salary . These salaries will be retroactive to January 1, 1975 . The police chief salary will be no less than $150 . 00 per month above the police captain salary .

Administrator Achen's Report

MSP (Neisen-Johnson) To approve the bills for approval: General Account checks No. 9385 (voided), No. 9459 through No . 9511 , Payroll Account check No. 1133 through No. 1135 , Payroll checks No. 1521 through 1551 , transfer check No. 9510 transferring $9 , 761.59 from General , $952 . 04 from Water , $1,282.74 , from Sewer to Payroll Account to pay gross pay of December 15 , 1974. Total disbursements $105 , 222 . 12 .

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