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HomeMy WebLinkAboutMinutes - 1975/07/14„12111551HOPRignligilogpilmopyggigi'4100PAetvo"OgoorliRvg lowpgoig;y: NnEgwes.(amgg:!wE ovgi s Agjj, go.vg.g.$0 :f6tto:6tite- A regular meeting of Mounds View City Council was called to order by Mayor Johnson on July 14, 1975 at 8:02 p.m., at Mounds View City Hall, 2401 highway 10, Mounds View, Mn. 55112 Present: Mayor Johnson Councilman Hodges Councilman Baumgartner Councilman Pickar Councilman Shelquist PROCEEDINGS OF THE CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Also Present: Clerk- Administrator Achen Attorney Meyers Engineer Bearden MSP (Baumgartner Shelquist) to approve the minutes of June 23, 1975 with the following corrections, Page 7, "40 pounds per square inch"should be changed to read "40 pounds per square foot." Page 8, 8th paragraph, "Amend Motion to read pond shall be pumped dry in at least every 24 hours for the first week and after that, after each rain." 3 Ayes. Page 12, last paragraph,insert Councilman Baumgartner said the two men from the City of Mounds View worked one full day at Lakeside Park installing a new water line which was to be a joint project. Page 13, Councilman Shelquist's Report, should read "The map and the plan showing Judicial Ditch #1 were unreadable. 5 Ayes MSP (Shelquist- Baumgartner) to approve the minutes as presented for June 25, 1975 Council meeting. 5 Ayes Residents Requests and Comments from the Floor Mr. Allen Zepper, 5255 Irondale Road, appeared before Council seeking clarification to the article he had read in the newspaper concerning a plan to divert water runoff from north of County Road I. He wondered where the water actually did drain to and if it caused ponding south of Highway 10. Mayor Johnson explained the drainage system that has been in existence for this area. He said the ponding by Ridge Lane and Long Lake Road was created by the heavy rainfall over a certain span of time and a substantial amount of development in the city increasing the amount of runoff, and also percolation into the ground due to the small amount of frost. And, a number of residents in the area putting grass clippings in the ditch restricting the flow of water. Mayor Johnson said the City is planning to have a consultant come in and conduct a study and find out what can be done to solve the drainage problems. Mr. Jerome Casey, 7750 Greenwood Drive, wanted to know if the city administration was satisfied that the shopping center has done everything possible tc stop water from crossing County Road I. -L- July 14, 1975 Mayor Johnson explained that after the June 23rd Council meeting, the administrator was instructed to have construction halted. When the staff attempted to effect the work stoppage, the contractors said it could not be done without a court order. A special meeting was held on June 25, 1975, between the City and the developer so that compliance of the items set forth at the Council meeting could be attained. At the meeting solutions were presented and accepted by both City and developer. Council and Rice Creek Watershed accepted the plans. Presumably the developer had accepted the solutions and a contract was submitted to the developer for signature and they did not return the document. The city attorney was directed to draft an ordinance declaring the development a danger to citizen's health, welfare and safety which will authorize the city to take action. Mayor Johnson said the ditch problem solution is progressing slowly because of communciation between the County and the State. Administrator Achen said the County will take care of the County Road I ditch after the Highway 10 ditch is completed so that the proper grades can be met. The culvert by Bridgeman's has to be lowered. He stated he received a letter from Paster Enterprises noting the Highway 10 ditch poses a problem because the developer feels the city should do Highway 10 ditch as an improvement to the property. He also said the Highway 10 ditch is a key to the solution. The proposed ordinance would allow the city to do the work on the ditches but it would involve spending non allocated money. He felt it would be more advantageous to both parties if the developer paid for the improvement. He said temporary remedies were made by Paster Enterprises after the July 25th meeting. Attorney Meyers said the letter from Paster Enterprises could be considered as a petition for the city to do the improvement. He said the reason Paster Enterprises may want the improvement done by the city and assessed back to the property is that the lease may have an escalator clause that would put the cost back to the tenant. This assessment would not cover the past costs incurred. Councilman Baumgartner said Paster Enterprises agreed to do items in the agreement and felt the time limit restriction is why they are balking. He feels it is best that they do the work and if it becomes necessary to assess the improvement, it should he assessed only for the period of one year. Councilman Hodges feels the shopping center should hear the improvement. Councilman Shelquist said the ordinance is a useless agreement without the timetable. And, the letter doesn't include all points in the agreement. Councilman Pickar said the letter is an open invitation to assess cost back to the developer. He feels the city should go ahead if necessary to get the work done. The proposed ordinance includes pumping both ponds daily. The letter and the ordinance would equal what the agreement contained. Perhaps licenses should be held from the businesses in the shopping center as leverage to convince the developer that the city is serious. -3- July 14, 1975 Administrator Achen said Paster Enterprises should be encouraged to do the work because if the city does it, the cost will be assessed back on next years taxes. Attorney Meyers read the proposed ordinance. Councilman Baumgartner felt Item 1, in the ordinance,'pumping ponds daily" should read "pumping as deemed necessary." Councilman Pickar felt a one -year assessment may be a hardship on the tenants and chase away business. He would rathersee it spread 6 to 7 years. MSP (Baumgartner- Hodges) to adopt Ordinance No. 231 removing and eliminating public health and safety hazards from the Mounds View Square Shopping Center, and authorizing the levying of a special assessment thereon. MSP (Johnson Pickar) to accept the July 11, 1975, letter from Paster Enterprises as a petition for the improvement of the ditch at State Highway 10 between Long Lake Road and County Road I and to have a feasibility and cost estimate prepared. Mayor Johnson said Council would reconsider. Mr. Harstad's request to plat Greenfield Plat No. 3. Mr. Harstad said it was his impression that this was for final approval of the plat, not preliminary. Lot 5 already has a house. It is the lowest lot on the plat. There is no water in the basement. He has no drainage problems. Councilman Baumgartner asked about water that would go to other areas after his area is developed covering the percolation area. Mr. Harstad said if the ditch was not plugged there would be no problem. He said special assessments have been levied that he is charbed with and it is within his legal right to develop his property. Mayor Johnson retorted that people on Bona Road have water in their basements. The city has committed to hire a drainage consultant to correct drainage problems in the city and he asked Mr. Harstad if he would enter into a binding agreement with the city stipulating that he would not develop any more of the lots until a solution to the drainage is derived. Mr. Harstad said he would wait until October 1975. Mayor Johnson said the city may have to wait at least six months to perfect a solution to the drainage problem. Shelquist Aye Pickar Naye Baumgartner Aye Hodges Aye Johnson Aye 5 Ayes July 14, 1975 Administrator Achen said if a storm sewer should be an alternate, the property may be assessed for it. Councilman Hodges said he did not see why Mr. Harstad cannot build if he stays above the suggested elevation with walk -out type basements. Mr. Harstad said he would agree to build only split entry type walk -out basements because they are the only kind that belong in that area. Councilman Pickar would like to wait for the results of the study. Councilman Shelquist doesn't think the time is right for approving the plat but he is willing to alleviate Mr. Harstad's present problem of mortgage money for the existing house if he will enter into an agreement not to build until a year from this September. Mayor Johnson agreed with Councilman Shelquist. MSP (Johnson Shelquist) that preliminary plat for Greenfield #3 denied until such time that the city has engineering reports to drainage problems existing in the area. Mr. Harstad left and reappeared later in the meeting asking Council to reconsider and stated he would agree not to build until September 1976. MSP (Johnson- Hodges) to draft Resolution No. 682 to approve the prelim- inary plat and concurrently final plat of Greenfieid #3 subject to binding agreement binding current owner, assigns or successors. And, no building permits will be issued on Lot 2, 3, 4, 6, 7, 8 until at least September 1976 and no building shall take place on Outlots A B until the subdivision of them is approved by Council. Mayor Johnson acknowledged the Ronald Michna request to reconsider subdivision request for Lots 1 1, 2 Clearview Ad,iition which had been denied previously because the subdivision would close off the possibility of a future road and development of the back remaining lots. Mrs. Michna said the possible future road through the back of the property would create unbuildable lots and 13 of the 14 residents involved did not want a street there unless the present lot size ordinance is changed. Councilman Shelquist said the Planning Commission has approached this problem before. Some time in the future as conditions change,Mounds View may find it necessary to change platting and zoning laws. Lot width square foot could be changed. He is opposed and feels it would be shortsighted to close off the street. Administrator Achen explained how the present subdivision would affect the property if platted as requested by Michna. He said the Nanning Commission had indicated they desired larger Lots. be solve Baumgartner Naye Hodges Naye Shelquist Aye Pickar Aye Johnson Aye 5 Ayes 5- July 14, 1975 MSP(Baumgartner- Hodges) to approve the lot split as currently presented (100 X 150, 88.11 X 150, 100 X 150). Meeting recessed at 10:15 p.m. Mayor Johnson called the meeti,ig back to order at 10:32 p.m. Mayor Johnson announced the Mr. Herbst was present to request a building permit for Perkins Cake and Steak restaurant. Mr. Kasma, engineer for Perkins Cake and Steak, handed out a report of work to be done at the request of the City per memo dated July 14, 1975. Mr. Kasma explained the present and future requests and recommendations listed in the letter. He said he spoke to State of Minnesota District 9 hydraulic engineer and he agreed it is the State's responsiblity to put in an open -end flare section on the north side of the street under- ground and they will resolve the problem. Mr. Kasma is hoping to keep the ditches open with a catch basin and swale because they have more storage capacity. Mr. Herbst will maintain sewer and water lines until the street is dedicated. Mr. Kasma suggested they use only a 12" pipe which is the minimum allowable for storm sewer because no other property will drain into the 12" catch basin. Engineer Bearden said the 12" catch basin is sufficient. Mr. Kasma said they will have inside storage of trash. MS (Baumgartner Hodges) to approve Perkins Cake and Steak building permit upon Mr. Herbst agreeing to the development contract. Attorney Meyers to draw up development contract encompassing all of future require- ments agreed to by Mr. Herbst in the letter of Toltz, King, Duvall, Anderson Assoc., Inc. dated July 14, 1975. a. construct through street from TH 10 to County Road 11 to City standards including 14 foot street with concrete curb and gutters. b. construct "looped" water system including connection to existing 6 -inch watermain along T11 10. c. construct storm sewer in conjuntion with street to serve entire Herbst property. d. construct sanitary sewer line to serve property including extra depth to extend sanitary sewer to eliminate the sewage pumping station located near the northwest corner of Herbst property. Baumgartner Aye Hodges Aye Shelquist Naye Pickar Aye Johnson Naye -6- ,July 14, 1975 e. construct sanitary sewer line from end of required interior system to the sewage pumping station site at no City expense. f. plat property in accordance with City standards. MSP (Baumgartner Shelquist) to receive the letter from Toltz, King, Duvall, Anderson Associates, Inc., dates July 14, 1975, Subject: Proposed Perkins Pancake House Site Facilities Commission No. 6401. MSP (Baumgartner Shelquist) to approve building permit for Perkins Pancake House with condition that Mr. Herbst sign the development contract which includes poif,ts A,B,C,D under present City requests Page 2 of letter #6401 and included under future recommendations, points A,B,C,D, and that City accept landscape plan designated Exhibit 'A' signed by Planning Commission Chairman Haake on May 20 1975. Mayor Johnson acknowledged the subdivision request of Luther and Lorraine Skog to divide the south 94 feet of Lot 85 from the remainder of the property, Spring Lake Park Knolls Addition. Any future subdivision of Lot 84 or 85 will be considered as a subdivi- sion. Attorney Meyers explained the property has to be conveyed out and back in again with a restrictive covenant subject to a subdivision in order to approve the deed for recording in the Ramsey County Register of Deeds office for the south 94 feet of Lot 85 and Lot 84 except south 94 feet thereof. MSP (Johnson- Baumgartner) to approve the Skog subdivision request as presented. 5 Ayes Mr. Miller, B -E Enterprises requested a special meeting where Mr. Walijarvi can he present. Mark Achen indicated the City would not reimburse them for work done in the past or in the future on the water problem in the basement. Mr. Miller said he feels they have met their contract obligations and this is not the fault of the contractor and they are not financially obligated to bear the cost. Mayor Johnson asked Mr. Miller if it was true that they did not receive soil boring test data. Mr. Miller said they did not receive any and neither did apy of the other bidders. The first time they knew of the problem was at the time the elcvatu." shaft was dug and then it was made known to them that soil boring tests had been taken. 5 Ayes Baumgartner Aye Hodges Aye Shelquist Aye Pickar Aye Johnson Aye -7- .July 14, 1975 A meeting was set for Wednesday, July 16, 1975, at 6:00 p.m. with Mr. Walijarvi. Mayor Johnson announced the request to set a public hearing on rezoning of property for K L Diesel development. MET (Hodges Shelquist) to set a public hearing for 8:30 p.m. on July 28, 1975, for rezoning of property for K L Diesel development. MSP (Johnson- Baumgartner) to direct Clerk- Administrator Achen to meet with the developers prior to mooting so the City might have a better idea of the proposal. Administrator Achen's Report Administrator Achen reported that he had received an an.ndment to the Ramsey County CETA agreement for additional funding beyond June 30. He said hc.. hoped that additional funds would be available particularly to extend the recreation program supervisor for an additional year and possibly to extend the tree inspector position through the diseased tree program year. MSP (Johnson Pickar) to execute the agreement. 5 Ayes Administrator Achen presented Resolution No. 680 between the City of Mounds View and Ramsey County Law enforcement for participation in the radio communications grant to authorize proper County officials to approve the grant and approve the contract after the bids have been evaluated and recommendation received. And the city is to have money appropriated and these monies will be forwarded to the County before the County Board awards the contract. MSP (Pickar Hodges) to accept Resolution 680 as presented. 5 Ayes Administrator Achen read the license applications- MSP (Hodges Shelquist) to approve the following licenses: general contractor Panelcraft, I.E. Nelson Improvement Co., G -P Construction Co., Hullinger Roofing, Advance Mobile Home Repair, Gilbert Construction; heating air condition Northeast Sheet Metal Inc., Montgomery Ward Co., Rudy's Burner Service, James Spra; asphalt Carl B. Anderson Blacktopping, United Asphalt Co., Blacktop Driveway Cc., H S Asphalt Company; excavating Waalcn Sabby, Inc.; restaurant Launching Pad Supper Club, Country Kitchen, Anchor Inn, Bridgeman's; liquor /on sale Launching Pad Supper Club; cabaret Mermaid Lounge, Inc. MS? (Johnson- Baumgartner) to approve the bills: general fund checks #10595 through 11049, payroll account checks 111180 through 1184, payroll checks 112045 through 2087, Void 112069. Transfer check 411050 transferring $17,298.79,from General $14,186. Water 1,078.84, Sewe. $1,733.71. Administrator Achen said this Friday.July 18, 1975 the statements from the engineering firms on the comprehensive storm sewer plan will he received. 5 Ayes 5 Ayes 5 Ayes 5 Ayes -8- July 14, 1975 Administrator Achen reported that Thomas Brown, police patrolman has submitted his resignation. MSP (Baumgartner Johnson) to accept the resignation of Thomas Brown effective July 17, 1975. 5 Ayes Administrator Achen reported that B E Patrol has sold out to MAPSI (Metropolitan Animal Patrol Services Inc.). MAPSI will be finishing out the contract the city has with B E and it will be necessary to determine whether or not to contract with MAPSI for animal patrol in the future. Administrator Achen reported on a problem experienced by a homeowner at 5101 Irondale Road which resulted from erosion of the culvert which drains Oak Lake into Rice Creek. It is deteriorating and several cave -ins have occurred. Council directed the city engineer to prepare plans and specifications on the sink:ng soil. Alministrator Achen said Ed Dropps, home builder of 5101 Irondale Road, will get a re- estimate based on the plans and specifications. The whole emphasis is to get the problem solved without going to court. Mr. Dropps will do the work to reduce the cost. Administrator Achen said the park and recreation director had checked into short term leasing of a pick up truck for use in the diseased tree program. He could not get one without paying for 1/3 of the cost of a truck. Administrator Achen suggested they look into the maintenance budget for 1976 as an alternative to leasing. Mayor Johnson asked about the status of the Mermaid Bowling Alley. He suggested Mr. Hall be invited to the July 28, 1975 Council meeting to discuss the possibility of Council rescinding the building permit issued April 28, 1975, because he has not started construction yet. MSP (Johnson Hodges) to direct Administrator Achen to write Mr. Hall and tell him Council will take action in two weeks to possibly rescind the building permit for the bowling alley. Administrator Achen presented proposed resolution of the City endorsing the Bicentennial Celebration and authorizing appointment of a chair- person and approval of a budget. 5 Ayes MSP (Johnson- Baumgartner) to approve Resolution No. 681 endorsing the Bicentennial Celebration. 5 Ayes Mrs. Haake, Planning Commission Chairman, asked that a public hearing be scheduled for August 13, 1975, on the comprehensive plan. MSP (Shelquist- Baumgartner) to direct the Planning Commission to hold a public hearing on August 13, 1975, at 7 :30 p.m.. for the purpose of hearing residents concerned with the comprehensive plan. 5 Ayes -9- July 14, 1975 Engineer Bearden's Report Engineer Bearden presented plans and specifications for sealcoating city streets. August 30 is scheduled completion for the first phase. MSP (Hodges Baumgartner) to advertise for bids to sealcoat street for 11:30 a.m., July 28, 1975. S Ayes MSP (Shelquist- Baumgartner) to adjourn at 1:45 p.m. Respectfully submitted, )4kk eeet: Mark Achen Clerk- Administrator 5 Ayes