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HomeMy WebLinkAboutMinutes - 1975/05/12PROCEEDINGS OF TILE 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 May 12, 1975 at 8:00 p.m., at Mounds View City Hall, 2401 Highway 10, Mounds View, Mn. 55112 Present: Mayor Johnson Also Present: Clerk- Administrator Achen Councilman Hodges Engineer Bearden Councilman Baumgartner Attorney Meyers Councilman Pickar Councilman Shelquist MSP (Baumgartner Shelquist) to approve the minutes of April 28, 1975 with the following corrections: Page 3, first paragraph, sixth sentence should state a 24 X 36 garage instead of 24 X 26. Page 6, motion on the question of gar- age size should be passed by 5 Ayes. Page 13, motion to approve licenses, remove 5 Ayes from first paragraph. Page 15, 7th paragraph, change to read, "if the fins were sharp aluminum," instead of tin. 5 Ayes Mayor Johnson's Report M »or Tnhncnn read the police report for the month of April, pointing out that most ordinance violations were junked vehicles. Mayor Johnson called the special subdivision hearing on the platting of White Oak Estates No. 3 by Brentwood Development Company to order at 8:15 p.m. Mayor Johnson said the subdivision request of Brentwood Development is for single family residence to be constructed in the northwest corner of the City of Mounds View. Mr. Robert Carlson, Brentwood Development Co., described the parcel of land he proposes to plat and asked for approval of his preliminary plat so that sewer and water contractors could go ahead with the work. He said that with- out the cul de sac, he would have ended up with three excessively large lots and even with the cul de sac, the lots are still large. Mayor Johnson questioned the utilities coming into the area. Mr. Carlson said NSP had already platted out the area for underground utilities and was waiting for approval. Mayor Johnson questioned the width of the lots with regard to City code. Mr. Carlson stated there were eight lots with at least S5 feet, three at 81 feet, and one at 82 feet. Mayor Johnson asked about drainage. Mfr. Carlson pointed out the direction of storm ::+ter flonc indicated on the map. Mayor Johnson asked if the water would all drain toward the street or if some of the water would go to the rear lot lines. He noted a particular area in BlUCh 1 between lot and 0 th i at to at .�i elevation then the Page 2 May 12, 1975 rest of the lots which he felt might indicate a problem with water pooling there. He questioned whether the parcel could be graded in a different way so there would not be any low area. Councilman Baumgartner asked if the adjoining lots to the west were resid- ential. Mr. Carlson said the lots are in Anoka County, and he was not familiar with the zoning on that side. Mayor Johnson asked if there was a way to grade Lot 2, Block 2 and drain the water down to lot six. Councilman Baumgartner noted the radius of the cul de sac at 65 feet and wondered if that would leave enough room for a truck to turn around and if this plan had been approved by the fire department. Mr. Carlson said he had talked to the chief of the Little Canada fire de- partment just to get an idea of what he would need and he said the only truck that would not be able to turn around would be the hook and ladder. Engineer Bearden stated Chief Fagerstrom had seen the plat and only requested that a fire hydrant be installed, and Project 1973 -4 plans will be revised to include this. Mr. Carlson said he wanted to be made aware of where the hydrant was being installed so he could plan his driveways accordingly. Councilman Baumgartner was concerned about drainage on the rear of Lot 1, asked if this will be a situation of pooling water for persons living to the west. Mr. Carlson said water pools in an area west of his plat. This is Anoka County, but the areas on the plat that are low don't have standing water. Mayor Johnson said it looked like there was a low spot between Lots 7 and 8. He asked the engineer if it would be feasible to put a storm sewer drain line between Lots 7 and 8 so that all of the lots starting at Block 1 could be run down to the storm sewer catch basin. Engineer Bearden said he did not think this would solve any problems and doubted that we could extend it into the area because the storm sewer pipe would not have enough slope to drain adequately. The upper end of this whole storm sewer system is quite shallow. Councilman Baumgartner asked if a swale could be run between Lots 1 and 2, Block 1. Engineer Bearden was not in favor of this idea. Mr. Carlson asked if Rice Creek Watershed said anything about drainage, because to the hest of his knowledge they approved everything in his plat. Mayor Johnson said the letter they sent did not include any comments. Page 3 May 12, 1975 Council Baumgartner said we should have something that tells us that the water is going to drain off these back lot lines in such a fashion that it won't pool on these back lots. We should have a runoff plan showing a final configuration of the development so that water drains from the rear line of the properties. Mr. Carlson said that walkout style i.ames would not be built in the area because the lots were not made for walkouts. Mayor Johnson said there was no guarantee that future property owners would not construct homes of this style or similar. Mr. Carlson stated he normally constructs the garage floors 20 to 24 inches above street level and the main floor of the home at least two feet above street level. Engineer Bearden said the lot could be graded down from the house to the rear lot line. Mr. Carlson said even with all the good intentions to grade the lots to eliminate water problems, when the lots are sold, how can the problem of owners filling the land in their own fashion be prevented. He will keep the contour the way Council wants it until such time the land is sold, but it is hard to control people once they move in. Councilman Shelquist asked if restrictive covenants could be put in the deeds. Mr. Carlson said most of the people do not see the deed, only at closing time and then it goes to the mortgage company or bank. Councilman Shelquist said at least that way it could be recorded and the neighbors could see that this had been covered in the deed. Mr. Carlson said he felt if the east area was filled he would be pushing water further southeast making a big holding pond. Councilman Shelquist questioned the lot sizes. Attorney Meyers reported that the zoning ordinance does require 85 foot interior lots and 100 foot corner lots but assumed that the Planning Commission had approved the plat as presented. Councilman Shelquist replied affirmatively. Attorney Meyers said there was not provision in the ordinance for cul de sacs. MSP (Johnson Shelquist) to grant approval of the preliminary plat as pre- sented conditioned upon receipt of grading plans which would drain Block 2 and also the back lot lines of Block 1, that the variance on the lot sizes in the cul de sac be granted because of a hardship* The cul de sac lots will be assessed upon an equitable basis which may be different than the front running foot, that the back lines of Blocks 1 and 2 will drain out to Pleasantview Drive, by some method, that the grading plan of Block 1 be designed to eliminate ponding, and that a variance in width be granted for the east west section of Pleasantview Drive to allow a 50 foot right -of- way, and that a 15 foot drainage easement be provided on the back of Block 1 *which exists the size of lots in Block 2 are substandard due to City taking of easements on east /west segments of Knollwood Drive. Page 4 May 12, 1975 rather than 10 feet. Roll call: Shelquist Aye Pickar Aye Baumgartner Aye Hodges Aye Johnson Aye The special hearing adjourned at 9:10 p.m. Mayor Johnson called the regular meeting back to order. Mr. Tony Jambor asked for Council permission to hold the annual Polka Fest at the Bel -Rae Ballroom June 27, 28, and 29. He also asked that he be allowed to extend the hours of outside festivities until 11 or 12 p.m. He said he will have 40 or 50 bands on Sunday and will end outside activity at 11 p.m. Councilman Shelquist asked if the three days included Friday. Mr. Jambor said Friday all activities will be held inside. Saturday night the concession and beer trucks will be open until 11 or 12 p.m. Mayor Johnson stated that the Bel -Rae pays the City $300 toward the parks for this activity each year. He asked if there has been any damage to the parks in the past. Councilman Baumgartner said there have been no problems. Mr. Jambor commented that he has two boy scout troups that clean up the grounds after the Polka Fest. He has the scouts clean up city property first. Mayor Johnson asked about the ball diamond to the north of the city hall. Mr. Jambor said the infield was fenced off last year to prohibit parking there. Councilman Baumgartner said the entire ballfield should be restricted be- cause the park department is sodding the outfield this summer. Councilman Shelquist asked if there had been any comments from residents about the bands or people attending. Mayor Johnson said not to his knowledge. Mr. Jambor said he works very cic3ely with the chief of pclice and keeps him informed of everything happening. MSP Pickar- Hodges) to extend the hours of autside Polka Fe't activities on Saturday night only and to extend the Polka Fest to last three days this year. 5 Ayes Page 5 May 12, 1975 Councilman Baumgartner requested that Mr. Jambor remove the sign from city property sometime in the near future. Mayor Johnson presented the proposed Mechanical Amusement Devices and Bowling Alley amendments to municipal code, Chapter 114 and 115. Administrator Achen said the chief of police feels the age restriction poses a number of problems for the police department and prevents any kind of centers designed for juvenile recreation. He thought that management and strict supervision of the gameroom should be stressed. The police depart- ment intends to enforce the curfew anyway. Attorney Meyers reflected that if the management was good there would be no problem. Councilman Shelquist thought the age restriction should be removed completely and the curfew on minors should be 9 p.m. unless accompanied by parent. Councilman Pickar also thought the age restriction should be removed. Councilman Baumgartner said he agreed with Councilman Pickar that that particular paragraph should be removed from the ordinance. Councilman Hodges agreed with the other Councilmen and felt the curfew would be sufficient. Mayor Johnson said Council was presented with a survey of the license fees of other communities at the last meeting. Councilman Shelquist said he had a survey from the League of Minnesota Municipalities, and it tends to go along with the survey presented previously. On the basis that once the fee is set it probably won't be reviewed again for sometime and with inflation and the cost of policing he feels the fees proposed are in line. MS (Johnson Hodges) to adopt Chapter 114 with the provision we will insert pool tables in Chapter 114.01, Subdiv. 2 and 114.09 as currently presented is to be removed in its entirety. MS (Johnson- Baumgartner) to refer Chapter 115 "Bowling Alleys" to the city attorney for final drafting. Paragraph 115.03 to be changed to read fees shall he $10 per alley per year. MSP (Johnson Shelquist) to amend the motion to include an additional admin- istrative charge if the yearly permit application is received late and only half of the fees be refunded if the application is denied by Council. 5 Ayes Vote on the motion to refer the ordinance to the City Attorney. 5 Ayes Administrator Achen presented a memorandum from the director of parks and recreation on the pool program for final Council approval. Page 6 May 12, 1975 Mayor Johnson explained that the School district was no longer interested in operating the pool program and has asked the city park and recreation departments to conduct their own programs. Councilman Baumgartner reported that the pool program will have to be self supporting or the city will not have it in future years. MSP (Baumgartner- Hodges) to approve the Park and Recreation Commission re- commendation to implement a recreational pool program. 5 Ayes Mayor Johnson read the proposed interim home building permit policy for Project 1973 -4 construction. MSP (Shelquist- Baumgartner) to adopt this policy as outlined in the memo- randum from Clerk- Administrator Achen to the City Council dated May 9, 1975. Mr. Carlson, Brentwood Development Company, asked if some arrangement could be made so that contractors _Auld obtain the use of water while in the pro- cess of building homes to test plumbing and appliances without having to make a $40 prepayment. Administrator Achen presented a sketch showing the northeas* corner of Ridge Lane and Long Lake Road. There is no catch basin to drain the low area It is proposed that a break be made in the main in order to add an invert or catch basin to drain the property. Administrator Achen said the plan calls for drywall construction with 3 1/2 inch sound proofing between gypsum board. The first office will stay the same width. The second room will be expanded one foot in width. The stor- age room will have block wall construction and be fireproof. The patrol room and officers room will be combined into one large room by eliminating the common wall and expanding the room an additional four feet west into the garage. A glass window 8 feet long will be installed in the north wall of this room. The cost will be $450.00 for the window and $1,455 for the four feet expansion into the garage. 5 Ayes Administrator Achen said something could be done to work around the prepayment in instances where water would be turned on for only a short period. Mayor Johnson said this would be discussed at one of the agenda meetings. MSP (Johnson- Hodges) to adopt job description for ac •tnting Clerk recommended by the administrator. MSP (Johnson- Baumgartner) to approve staff recommendation to install drain- age invert connecting to existing storm drain at northeast corner of Ridge Lane and Long Lake Road. 5 Ayes Administrator Achen presented a sketch of the proposed change orders in city hall addition to revise the police wing. Page 7 May 12, 1975 Administrator Achen is concerned that the police wing be able to serve that department for many years. If the plan is not changed and the City's need for police protection grows, the wing might be:ome overcrowded in a few years. Councilman Shelquist asked what size the garage would be if the block wall was relocated four feet west to expand the patrol room. Engineer Bearden said it would be 24 feet deep. MS (Hodges Johnson) to accept the architect's city hall alteration plans as presented. Councilman Baumgartner did not feel four feet would gain that much for the price. If in the future this is needed, it could be budgeted. He was in favor of the other items. Councilman Hodges felt it would be more economical to change plans now. Councilman Pickar wondered why this was never mentioned before. Administrator Achen said in terms of budget we would be running tight but in terms of necessity it will cost more in the future. This will open it un and take advantage of space that would otherwise be wasted. Councilman Shelquist was bothered that the wall had to be moved at such a late date but to move the wall and use the wasted space would he a signifi- cant improvement in the police wing. Roll call on the motion: Shelquist Aye Pickar Naye Baumgartner Naye Hodges Aye Johnson Aye Mayor Johnson's Report continued MSP (Johnson Shelquist) to appoint Michael Lonergan to the Planning Commission position to fill the expired term of James Burggraff. Roll call: Shelquist Aye Pickar Aye Baungartner Naye Hodges Aye Johnsor. Aye Mayor Johnson said the police department expressed their appreciation for the action Council took to approve purchase of an electronic siren for the new squad. ten minute recess Page 8 May 12, 1975 Administrator Achen's Report MSP (Hodges Baumgartner) to approve the bills: General account checks #10334 through #10387, Payroll account checks #1167 through #1168, pay- roll checks #1899 through 1931, transfer check 10388 transferring $11,835.42 from General fund, $1011.26 from Water fund, and $1550.80 from Sewer fund to pay gross pay of May 15, 1975. Total disbursements $103,457.98. MSP (Pickar- Hodges) to approve the licenses: refrigeration Carlson Store Fixture Company; heating Snelling Company; cabaret Mermaid Lounge, Inc. 5 Ayes Administrator Achen announced the resignation of Jeannine McDonald effective May 9, 1975. Mayor Johnson accepted Mrs. McDonald's resignation and ax- tended her thanks for her contribution to the city and wished her well. Administrator Achen reported that sealcoating a section of the city would be started this summer, dividing the city into five sections. Administrator Achen requested Councii to order the engineer to prepare plans and specifi- cations for sealcoating one fifth of the city to be determined by the public works director and engineer based on the area that needs it most. Engineer Bearden stated that sealcoating was planned to be done in three sections. The first and third were done in 1971 but the three year plan was not followed. Administrator Achen said $10,000 was budgeted in 1974 for the purpose of sealcoating but none in 1975. Attorney Meyers looked at it as a major capital improvement program. Mayor Johnson stated Council would be looking into a capital improvement program at agenda meetings. MSP (Hodges Pickar) to direct the engineer to draw specifications and plans for sealcoating 1/5 of the city. 5 Ayes Mayor Johnson said special attention should be given to crack filling. Councilman Hodges' Report Councilman Hodges asked about the chipper. Mayor Johnson stated City Clean Up nay was May 3rd. May 10th we had a chipper operation with the Jaycee's. One i`uli day with two chipp is still left to do. These will be chipped one way or the other, but he did not know if any more volunteers will be available. Councilman Hodges said he had been looking at Mounds View Square and the Mermaid Lounge and doesn't feel drainage plans presented by Rice Creek 5 Ayes Page 9 May 12, 1975 thinks we should have Watershed District are satisfactory or attractive. He our engineer look into a plan for overall drainage. Mayer Johnson agreed that the holding ponds at Mounds very attractive. He said Ridgedale has the same type in quite well with the surrounding area. Councilman Baumgartner's Report Councilman Baumgartner reported that the Park and Recreation Commission met last week and reviewed the entries for the "Name -A- Park" contest. There are approximately 400 entries which will be narrowed down to five park titles in the next meeting Wednesday, May 21. These five will be discussed and one selected. View Square were not of thing, and it blends Councilman Pickar's Report Councilman Pickar said the Lakeside Park Commission net last Thursday but he was unable to attend the meeting. Judy Rowley member of the Lakeside Park Commission, was present in the audience. She reported that Randy Christenson, superintendent of Lakeside Park, said the park was being cleaned up and that ballfield permits would be required. The slide arrived and is waiting to be installed. NSP has been asked to give an indication of what another light would cost. Band concerts are planned for Wednesday night, puppet shows for Monday after- noons and a plug -in for amplifiers is needed. Mayor Johnson asked if the tennis courts would be in use this summer. Mrs. Rowley said there are two nets up now and the courts will be left as is this year, because the slide cost so much. desks Councilman Pickar asked about refinishing of the /file cabinets for the new addition. Administrator Achen said we are receiving bids on them now. Very few bidders can replace the tops, and few are able to do the painting in our building. We would like to contract with a firm that will do the work in house. Councilman Shelquist's Report Councilman Shelquist presented the minor subdivision request of Lloyd Bardwell. There is a low area at one end which may cause a problem for future develop- ment. The Planning Commission voted for approval subject to an eight foot road easement on the west lot on Spring Lake Road. MSP Shelquist- Hodges) to approve the minor subdivision request of Lloyd Bardwell to creat 120' X 130' lot facing County Road J, both lots to be subject to park dedication and a ten foot utility easement tnat lines up with the back lot lines of the two lots immediately to the south. 4 Ayes 1 Naye Page 10 May 12, 1975 Councilman Baumgartner thought the easement location should be spelled out more. MSP (Johnson Shelquist) to reconsider the previous motion. 5 Ayes Mayor Johnson said a survey should be required showing accessory buildings and other structures and Physical features. Councilman Baumgartner asked Engineer Bearden if NSP had acquired utility easements in the area. Engineer Bearden stated NSP planned to come up be- tween the back lot lines. Council felt a survey should be obtained. MSP (Shelquist- Baumgartner) to instruct the administrator to notify Mr. Bardwell that prior to approval of his subdivision request a survey must be presented showing existing and proposed structures and lot lines of adjacent lots for the purpose of obtaining utility easements. 5 Ayes Councilman Shelquist presented the Planning Commission's survey of garage and accessory building sizes. The maximum recommendation under the State uniform building code is 1,000 square feet. Some cities have taken a position that the State code supercedes the city code, while others claim their code supercedes State code. Attorney Meyers said we have adopted by reference State code but our zoning code supercedes State code. Councilman Baumgartner asked what alternatives the Planning Commission has considered. The Planning Commission feels the current garage size provides for adequate storage space. The major question concerning members of the Commission is what constitutes adequate storage and what invites buisness. Mayor Johnson said this issue should be discussed at the next agenda meeting. Councilman Baumgartner said the existing maximum garage size necessitates accessory buildings which do not provide adequate security. Councilman Shelquist inquired about the number of liquor licenses available in Mounds View. Attorney Meyers said there is number of off -sale liquor licenses. The state regulations limit our on -sale licenses to twelve. However, he noted that the Attorney General has ruled that each municipality has the right to limit the number of such licenses. Council does not have to give a reason for refusing to license an applicant. Councilman Hodges agr ^ed that licenses should be limited according to popu- lation and now is the time to do so. Councilman Pickar said he doesn't know whether we have a problem with off- page 11 May 12, 1975 sale licenses. He is concerned about the possibility such licenses be- coming so scarce that they may be sold at a premium. Mayor Johnson suggested Council consider this at the next agenda meeting. Attorney Meyers' Report The Red Oak Estates case was tried last week, and the Court now has it under advisement. A number of junked car cases are coming before the municipal court. In the Daily Homes case the other attorney has 15 days to file a motion to appeal the decision. If he doesn't, it may mean he won't challenge the decision. Attorney Meyers reported that a summons and complaint had been served on the City of Mounds View, Chief Grabowski, Duane Hagen, and Arthur Olmstead by plaintiff, Laxman Sundae. Mr. Sundae alleges he was deprived of his civil rights and makes other charges against the City for negligence in training our officers. This complaint arose out of an incident in 1973. MSP (Johnson- Hodges) directing the city attorney to answer the complaints enumerated in the summons and authorizing him to vigorously pursue the defense of this case using whatever means deemed appropriate including consultation with other attorneys experienced in the defense of similar cases. 5 Ayes Engineer Bearden had no report. MSP (Baumgartner Shelquist) to adjourn at 11:45 p.m. Respectfully submitted, Mark Achen Clerk- Administrator 5 Ayes