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HomeMy WebLinkAboutMinutes - 1975/08/11�J A regular meeting of Mounds View City Council was called to order by Mayor Johnson on August 11, 1975, at 8:05 p.m., at Mounds View City Hall, 2401 Highway 10, Mounds View, Mn. 55112 Present: Mayor Johnson Councilman Hodges Councilman Baumgartner Councilman Pickar PROCEEDINGS OF THE CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Also Present: Clerk -Adm. Achen Attorney Meyers Engineer Comstock Absent: Councilmn Shelquist MSP (Baumgartner Pickar) to approve the July 28, 1975, minutes with the following corrections: On Page 7, under Councilman Baumgartner's Report, the next Park and Recreation Commission meeting will be held on August 14, instead of August 11, Page 10, the adjournment time should be 2 a.m., instead of 2 p.m. Page 10, second motion should state "City staff be directed to diligently and strenuously enforce City ordinance dealing with occupancy permits and licenses." Citizen's Requests and Comments from the Floor: Mr. McCann, 2215 Bronson Drive, said he has a problem concerning his driveway which was installed two years ago. He understood that if he received permission from his neighbor he could place it closer than five feet to the lot llnP which is not in accordance with City code. At that time he did not realize he had to have written permission from his neighbor and thought it was just an oral agree- ment. This past summer he installed a fence which apparenly disturbed his neighbor and she called the inspectionci?partment and complained about the driveway. Mayor Johnson asked him if he had gotten a permit to install the driveway, when the home was built, and if there was a garage. Mr. McCann stated he did not have a permit because at the time he did not know he needed one. He said the house was about three and one half years old and he did not have a garage. He said if one was built it would have to be behind the house because there is not enough room on the side. If he had stayed within the code the driveway would only be seven and one half feet wide. He said the driveway was 1' to 18" from the lot line at the present time. Mayor Johnson said that two things would have to be investigated before Council could make a decision on what would have to be done. 4 Ayes -2- August 11, 1975 1) was the driveway contractor licensed to work in the City, and 2) inspection department will check to see if a permit was taken out. The matter was referred to the administrator to follow up. Administrator Achen told Mr. McCann to contact the building inspector on Wednesday or Thursday and instructed him to send or bring in his contract with the driveway company to the building inspection department. Attorney Meyers read the proposed Ordinance amending Chapter 59 regulating building permits. Considerable discussion ensued in regard to fences. Council felt that because fence installations created so much additional work for the building inspector especially in regard to lot line disputes that the ordinance should be written to relieve the need for additional time and money spent on this issue by the inspection department. Mayor Johnson suggested that Subdivision 2.8 should read "erection of any property line fence or fence within two feet of any property line regardless of the valuation of the work Councilman Baumgartner said that Subdivision 2.8 should read "erection of any lot line fences regardless of the vaulation of the work." Administrator Achen said in making their decision on the ordinance Council should consider if the City is serving the community needs as far as health, welfare and safety. In this instance, the front yard public right of way, aesthetic considerations, very high rear fences and side lot fence arguments about lot lines. Attorney Meyers felt it may be best to require persons to provide a survey when installing fences. MSP (Hodges Pickar) to approve Ordinance 232 amending the municipal code of Mounds View by repealing Chapter 59 entitled permit fees and adopting a new Chapter 59 entitled "Building Permits and Fees Administrator Achen presented a proposed resolution establishing building permit fees. Council felt that fence permit fees should be $21.00 instead of $6.00 to cover the cost that fences create for the inspection department. MSP (Pickar- Hodges) to approve Resolution No. 684 establishing permit fees pursuant to Chapter 59.02. 3 Ayes Baumgartner Abstained -3- August 11, 1975 Administrator Achen read the proposed ordinance amending Chapter 70,06 regarding water meter readings, billing and penalties. He explained the purpose of the ordinance was to take out specific reference to penalties and late charges to allow them to be established by resolution. And, to change the delinquent charge from 6 to 8 MSP (Hodges- Baumgartner) to approve Ordinance 233 amending the Municipal code of Mounds View by amending Chapter 70.06 entitled Meter Readings. Administrator Achen presented and read a proposed resolution for penal- ties and costs of turning on and off water service. MSP (Pickar Baumgartner) to approve Resolution No. 684 establishing utility billing penalty charges. Administrator Achen reviewed the police union (Teamster Local No. 320) arbitration award. Mayor Johnson commented that the City provided for a 13% increase in police salaries and Administrator Achen said that the increase will amount to 15% minimum assuming we have no extra cost for additional benefits. Administrator Achen explained that the sergeant, captain and chief salary will have to be raised respectively. Engineer Comstock read the bids received on repair of Well House #2. Karl Dedolp $6,288.00, D. W. Harstad $4,585.00, W. P. Beach Company $5,150.00, F. Morettine Construction $6,767.00. MSP (Hodges- Baumgartner) to award the contract to the lowest bidder D. W. Harstad in the amount of $4,585.00. Administrator Achen said it has been a long time since Well House #2 was constructed and it may be tenuous to pursue a lawsuit for damages based upon the original contract. Engineer Comstock said there may be some reason to believe that the break in the floor that occurred a few years ago might be a cause in this incident. He said John Bearden has been checking into this. Mayor Jonson instructed Administrator Achen to check and explore if there can be a claim made against the contractor that laid the original pipe for the well house. Administrator Achen announced that a hearing would have to be set for Projects 1973 -5 and 1974 -1 in order to certify unpaid assess- ments to the County this fall to be included on 1976 tax rolls. MSP (Johnson- Pickar) to set assessment hearing for Project 1974 -1 (Mustang Drive extension) for September 8, 1975 at 8:30 p.m. 4 Ayes 4 Ayes 4 Ayes Motion amended to read hearing to be held August 25, 1975 at 8:30 p.m. 4 Ayes MSp (Baumgartner Hodges) to set the 1973 -4 assessment hearing for September 10, 1975 at 7:00 p.m. (new streets north of Ardan Avenue) 4 Ayes Administrator Achen asked that a public hearing be set for Mounds View Mobile Home Park emergency exit. -4- August 11, 1975 ASP (Hodges- Baumgartner) to set hearing on September 3, 1975 at 8:30 p.m. 4 Ayes Mayor Johnson directed the Administrator to write a letter to the trailer court informing them of the hearing. MSP (Pickar- Hodges) to direct the engineer to prepare a feasibility report and estimated cost study. 4 Ayes Administrator Achen reviewed the proposed purchase of Random property for ark use (located at the NE corner of Ridge Lane and Long Lake Road). Random agreed to deed three lots to the City. There are back taxes owning. The City has the option of accepting the deed and holding it until the land becomes tax forfeited and then going under State statute and acquire the land for city park and take tax title at th..t time. Attorney Meyers said under current law we have first claim to it provided the law doesn't change. It is a calculated risk. He said the City could 1) pay back taxes, abate assessments and other arrangement made at the bond redemption, 2) sit tight for two or three years and make a motion to accept the deed and assessment money. Councilman Baumgartner said the Park and Recreation Commission has been thinking along the same lines and would like to just sit on it. He said they don't have funds to develop a park at this time. ASP (Baumgartner- Hodges) to defer action on dedication of Lots 5,6,7,8, Block 1, Random 1st Addition for the present time. 4 Ayes Administrator Achen read a letter from Walijarvi concerning change orders for the city hall addition. Councilman Baumgartner asked what we are getting for $4,000.00. He asked how they intend to reinforce the foundation. Councilman Baumgartner said since the change order is to effect Twin City Testing recommendations it should be referenced Twin City Testing Data. Meeting was recessed at 9:55 p.ni. Mayor Johnson called the meeting back to order at 10:30 p.m. -5- August 11, 1975 Mayor Johnson said under Attorney Meyers advise Council cannot approve the Change Order tonight. He said they must obtain actual plans with details supporting the change order along with cost for items that will go into the Change Order concurrent. Mayor Johnson directed the administrator and attorney to sit down with Walijarvi's Insurance Company and discuss the whole problem with arbitration. Attorney Meyers said the City wants unqualified recommendations from the architect regarding the Change Order that is the technical reason for refusing the Change Order. MSP (Johnson- Baumgartner) to not approve the Change Order at this time per Attorney Meyers advise and to inform the architect that Council will approve only Change Orders that sufficiently detail the work to be done and those that are unconditionally approved by the architect or the contractor. Mayor Johnson directed the attorney and administrator to call a meeting with the architect's insuror to discuss possible arbitration proceedings. Administrator Achen said he requested a Change Order regarding the police wing security grill which he did not receive. A delay in this Change Order delays completion of the building an addition two weeks. Administrator Achen read the Actual Use Report Revenue Sharing for the fifth entitlement period. MSP (Pickar- Hodges) tc approve the actual use report. 4 Ayes Administrator Achen suggested a proposed transfer from Sewer to General $1,200 for police car trade in to be used for sewer maintenance use. $6,500 from Park and Playgound fund to General, a budgeted transfer. MSP (Hodges Pickar) to approve the transfer. 4 Ayes MSP (Hodges- Baumgartner) to approve the following bills: General Account Checks #10837 10914, Payroll Acct. Checks #1191 -1192, Payroll Checks #2138 -2179, transfer check #10915 transferring $16,896.35 from General Fund, $1,109.04 from Water, $1,879.20 from Sewer to pay gross pay of August 11, 1975. Total Disbursements $114,393.39. 4 Ayes MSP (Hodges Pickar) to approve the licenses. General Contracting Lindquist Construction, Asphalt G. W. Holm Company, Master Driveway, Masonry- Master Masonry, All State American Concrete, Ventilating Nielsen Sheet Metal, Excavating Budget Plbg. Corp. 4 Ayes 4 Ayes -6- August 11, 1975 Councilman Baumgartner's Report Councilman Baumgartner announced that the Park and Recreation Commission would be meeting August 14, 1975 at 6:30 p.m. Councilman Hodges' Report Councilman Hodges commented on a problem a resident is having with sod int the Project 1973 -4 area (8406 Red Oak Drive). He referred this to the engineer for follow up. Councilman Pickar's Report Councilman Pickar reported that the Lakeside Park Commission would be meeting Thursday, August 14, at 8:00 p.m., at the Spring Lake Park City Hall. Mayor Johnson's Report Mayor Johnson announced that this Wednesday, August 13, 1975, at 8:00 p.m. the official meeting of the Planning Commission would be held for presentation of the comprehensive plan. A resolution is to be approved by the Planning Commission for adoption of the plan on August 27, 1975. The Plan will then be sent to the Metropolitan Council for their review and comments and it will be then be presented to Council for formal adoption as recommended by Planning Commission. After the plan has been adopted, no public land or capital improvement shall be made until it has been certified and filed with the City. The City must submit in writing to the Planning Commission to be sure all changes tie in with the comprehensive plan. Attorney Meyers will check the procedural aspects of the comprehensive plan. Councilman Baumgartner would like to get together with the Planning Commission: to revi:.w the plan. Engineer Comstock's Report Engineer Comstock read a letter from Engineer Bearden recommending that City approve specifications as submitted for the water main to serve Perkins Cake Steak. MSP (Baumgartner Pickar) to approve plans and specifications for the entire water main and sewer construction of Ervin Herbst property as prepared by Toltz, King, Duvall, Anderson and Assoc., Inc. Administrator Achen reported on specifications to improve the ditch in front of Mounds View Square shopping center. He received a letter last Thursday from Paster Enterprises saying they didn't want to for the City to do the work. They were going to do it themselves. Administrator Achen responded to their letter saying that is what the City wanted them to do all along and requested they do it according to the specifications. Mr. Paster has been working on the ditch and as it is now yraded it may not be easily maintained because of the steepness of the grade. 4 Ayes -7- August 11, 1975 Attorney Meyers asked if they should be given a completion date. He said the City should find out if Paster will provide the plans in accordance with the city engineer's report. MSP (Johnson Baumgartner) to order the 1975 -5 Mounds View Square Improvement but before commencing with final plans and specifications that the engineering firm contact the developer to obtain from them their consent that they are going to do the improvement themselves and to get their plans and specification and time schedule and have these submitted to Council for their approval at the next Council meeting. In lieu thereof Council will direct to prepare plans and specifications to do the Project. Also, to direct the administrator to direct the engineer if necessary. 4 Ayes Administrator read a petition from residents on Red Oak Drive requesting a solution to the water problem in their back yards. MSP (Johnson Hodges)to accept the petition and direct Administrator Achen to hold it and submit it to our engineering firm to be worked into the comprehensive storm sewer plan. Engineer Comstock said that back yard drainage problems were not really a City problem unless they fell under the following: 1) that they are determined to be a public health nuisance, safety hazard, or 2) that the property owner cannot solve the problem himself. MSP (Baumgartner Hodges) to adjourn at 11:26 p.m. 4 Ayes Respectfully submitted, Mark Achen Clerk- Administrator