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HomeMy WebLinkAboutMinutes - 1975/09/22PROCEEDINGS OF THE CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA A regular meeting of Mounds View City Council was called to order by Mayor Johnson on September 22, 1975, at 7:50 p.m., at Mounds View city hall, 2401 Highway 10, Mounds View, Mn. 55112 Present: Mayor Johnson Also Present: Clerk -Adm. Achen Councilman Baumgartner Attorney Meyers Councilman Shelquist Engineer Bearden Councilman Pickar Absent: Councilman Hodges MSP (Shelquist- Baumgartner) to approve the minutes of September 8, 1975 with the following corrections, Page 5, first paragraph change to 3 Ayes Baumgartner Naye. Page 6, MSP (Hodges Shelquist), change to 3 Ayes Baumgartner Naye. Page 2, second paragraph, Mr. Waste asked for "permanent signs" delete temporary. Page 8, change D D funds to read DNR funds. MSP (Shelquist- Baumgarfier ccept the minutes September 16, 1975, assessment hearing as presented. Mayor Johnson read the objection of Mr. Rubenstein, attorney for Pie! -re Dumas, from the September 16th minutes. 3 Ayes Pickar Abst. 3 Ayes Pickar Abst. Mayor Johnson brought the matter of Project 1973 -4 citizen objections to the assessment to the Council for discussion. He asked Attorney Meyers to brief Councilmen on what it is they have to consider if they are to abate assessments or change any of the assessments. Attorney Meyers said State statutues indicate Council may assess a piece of property based on the benefit derived from the improvement to that piece of land and the benefit should be relative to the increase in market value to the land due tc the improvement. Attorney Meyers said at this time all the easements have been granted either by dedication or by purchase by the City through condemnation proceedings. Council can award further damages is this proceeding by reducing an assess- ment. Attorney Meyers responded that it was announced at the September 16th meeting that anyone wishing to appeal could do so to the district court if they were not satisfied with the assessment. He said there is nothing in the law that prohibits municipalities from laying out a public street that serves as many people as possible. It anyone appeals the assessment the matter would be brought to district court and the assessment could be upheld or overruled by the court and go back to the city and another hearing would be held. Or if it came to pass that the assessment was eliminated the cost of the project would be spread among the other property owners. The statement that Council gerrymandered the road would have to be completely an arbitrary and capricious act and in this case it is not in his opinion. -L- September 22, 1975 Engineer Bearden said the property did have access to the services and the new street. Attorney Meyers said the statute don't require persons to abut the property to be benefitted. The right of way was extended to include his property. The property can be divided and another buildable lot could be made on this property. Attorney Meyers said he has not heard from Mr. Rubenstein but they had previously discussed several alternatives and something may be worked out in the future. He suggested Council go with the assess- ment as it is at this time. MSP (Johnson Pickar) to deny the objection raised by Mr. Rubenstein in care of Pierre Dumas, 8360 Spring Lake Road. 4 Ayes Mayor Johnson read the objection of L ^moraine Bonin, 8380 Spring Lake Road, from the September 16, 1975 min,tr.,s. Attorney Meyers read a letter from Mrs. Bonin in which she indicates she has $3,000 assessed damages to the property, He said this particular parcel was acquired by condemnation and a hearing was held, damages were assessed by the commissioners, the city did not appeal the damages and the owners did not appeal the damages. The damages have been paid. MSP (Shelquist- Baumgartner) to deny the objections of Lorraine Bonin. 4 Ayes Councilman Shelquist feels the road has benefitted the property and she has a legal access to her house for the first time. The road to the east on Spring Lake Road does not appear to be a legal road. Mayor Johnson read the objection of Arthur Zielinski, 8344 Groveland Road, from the September 1 1975 minutes. Attorney Meyers said this case went to condemnation award and was paid for 30' of property and the property is benefitted by the improvement. MSP (Johnson Pickar) to deny the objection of Arthur Zielinski. 4 Ayes Mayor Johnson read the objection of Frank Gabrysh, 2832 County Road J. Mr. Gabrysh was present and stated he is presently being served by water on County Road J. There is water service currently in the new street that he will not be hooked up to. He said he paid $125 for the water service hookup nothing else. He felt it would be better assessed on the 138 feet on County Road J instead of the 230 feet on Fairchild Avenue. Engineer Bearden said he was being assessed on both sides of the property because it could be split in the future. He said the policy on corner lots has been to assess the short side depending un the size of the lot. Larger lots could be assessed on the short side and for part of the long side. Mr. Gabrysh said his land subdivided in 1967. -3- September 22, 1975 Mayor Johnson asked if it was filed at the County. Mr. Gabrysh answered no. Engineer Bearden said the records indicate that it was not subdivided. Attorney Meyers said it may not qualify as a subdivision under the new provisions. Councilman Baumgartner suggested assessing the 230 feet and at a time the lot is split the assessment could be abated to the 138 feet. Engineer Bearden suggests Mr. Gabrysh divide his land so that he would create a 226 X 145 lot where his house is located. The 226 feet being on County Road J. Mr. Gabrysh did not like the idea because he said his back yard would be small. MSP (Johnson Baumgartner)to deny the objection on the assessment of the 230 feet and that the property be assessed on the 230 feet with the agreement that if it is subdivided, and recorded within a 90 day period, at such time as the subdivision is accepted, the 230 feet will be abated and it will be assessed on whatever he decides on the short side as Engineer Bearden explained regarding Frank Gabrysh property, at 2832 County Road J. Mayor Johnson read the objection of Ingvald Johnson, 8384 Long Lake Road, as stated in the September 16, 1975 minutes. Engineer Bearden explained that the first surface water drainage line was installed as a dewatering system for the sanitary sewer construction and for general drainage. Mayor Johnson said the old water drainage system is still functioning and the cost of the storm sewer system recently installed would have been much more because it would have to be made larger than what it is. 4 Ayes MSP (Baumgartner Shelquist) to deny Ingvald Johnson's objection to the assessment at 8384 Long Lake Road. MSP (Baumgartner Shelquist) to adopt Resolution 690 with the total assessments being approved as presented in the amount of 51,330,040.10 for Project 1973 -4. Shelquist Aye Pickar Aye Baumgartner Aye Johnson Aye Mayor Johnson recessed the regular meeting. Mayor Johnson called the public hearing for Ingvald Johnson Terrace, a major subdivision proposal, to order at 9:03 p.m. Mr. Johnson presented his preliminary plat and explained his subdivi- sion to the audience. Mayor Johnson questioned the 12.4 feet between the garage and the back lot line. 4 Ayes -4- September 22, 1975 Councilman Shelquist said the Planning Commission did take note of this when they recommended the lot split be approved. MSP (Johnson Shelquist) to approve the preliminary plat of Ingvalu Johnson Terrace as presented with the stipulation that the back lot elevation be at a level to encourag6lrainage from the back of the lot lines out to the streets and so that the contour as presented on the preliminary plat be maintained on the back lot lines and that the easements be maintained as presented. (Exhibit "A preliminary plat retained for the files) Mayor Johnson presented change order #6 to the city hall addition. Administrator Achen explained the reason for change order #6. It is necessary to install a filter system around the building because the tile line inside the building is filling with sand. Twin City Testing feels the sand is coming from the perimeter of the tile. They feel we need to redo the entire perimeter tile with 6 inches of rock and 6 inches of mortar sand, making a 12 inch filter media to filter out sugar sand. Mayor Johnson questioned the number of the change order and the dollar amount. Administrator Achen said our records indicate this is not the correct number or amount. 4 Ayes Mayor Johnson called the regular meeting back to order at 9:19 p.m. Mayor Johnson recognized the Briar Lake final plat. Mr. Carlson said he made the additional soil borings and had complied with Council's requests. MSP (Johnson Baumgartner) to approve the final plat of Briar Lake addition owned by Richard Carlson. 4 Ayes MSP (Johnson Shelquist) that the elevations of new home construction in the City of Mounds View be maintained at a level of four feet above the water table with the basement floor as opposed to the footings and that the inspection department be notified of this motion and on the Briar Lake preliminary approval that the elevation requirement be amended to four feet above the water table for the basement floor. 3 Ayes Baumgartner Naye MSP (Shelquist Pickar) to approve change order #7 to the City Hall for $4,138 to correct the drainage around the perimeter of the building noting that the total is for the total contract and state on the bottom of the change order that it is incorrect number and amount and it is to the same conditions read into the August 25, 1975 minutes by Attorney Meyers which at that time pertained to change order #3 and #4. That this is subject to the conditions of the minutes of September 22, 1975. 4 Ayes Engineer Bearden reported on Ardan Avenue drainage improvement. He said there was a problem at 2749 and 2741 Ardan where water was pondinq on the lawns. He said a sketch was given to contractors for estimates on building up the driveway. Engineer Bearden read the bid results. He said the city crew had initially tried to correct the problem but had created a hump in the driveway causing the cars to hang up. -5- September 22, 1975 Councilman Baumgartner asked where the money would come from to fund this. Mayor Johnson said possibly revenue sharing. Attorney Meyers said there is no question that the City can spend money to correct situations it creates but whether or not it can come out of revenue sharing is another question. He suggested using general fund. MSP (Johnson Pickar) to accept the low bid of Northern Asphalt for the reconstruction of driveways at 2749 and 2741 Ardan according to the drawing dated September 3, 1975, and that the payment of the project be taken out of the general fund as opposed to the revenue sharing fund. Purpose of the original project undertaken by the city was to build the curb up to retain water in the street and this created a hump and it is necessary to build the driveway so that cars won't get hung up. Engineer Bearden presented a quotation of $154 to fix the windows in Well House No. 2. This is a change order in the repair contract. MSP (Johnson- Baumgartner) to approve change order #1 for the repair of Well House #2. Engineer Bearden commented on a proposed change order in Project 1973 -4. He said it would extend sanitary sewer for 230' to the property adjacent to 84th Avenue N.E. between Spring Lake Road and Pleasant View Drive. He said the Project contractor has moved out of the area with the dewatering equipment. He said the quote was at unit prices of the contract plus mobilization, $17,042.47 includes extension of two service lines for sanitary sewer 230 feet. Two water services costing about $6,892.25. Councilman Baumgartner asked if someone had requested this extension. Administrator Achen said it was in accord with Jerry Ackermann's subdivi- sion request approved by Council at the last meeting. He has written to Mr. Ackermann concerning the extension of these services but has received no response to the letter. Councilman Baumgartner asked if the cost for this extension of services would be added to 1973 -4 project. Engineer Bearden said yes. MSP (Johnson Shelquist) to table the question of extending services to Mr. Ackermann's property due to the fact he has not signed the agreements sent to him and if he so desires it will be extended at a later time and assessed to the property. Residents Comments and Requests from the Floor Mr. Clyde Merilatt, 7225 Knollwood Drive, stated he has a problem with water ponding in his yard. He said the ditch that drains the swamp has been filled in. 4 Ayes 4 Ayes -6- September 22, 1975 And, Mr. Swen Thelin, 7237 Knollwood Drive also has a water problem from the church parking lot being built up causing water to drain into his yard. Between these two things they have quite a problem in their yards. Mayor Jchnson asked if the city had been called out to check this. Mr. Thelin said he had mentioned it to public works superintendent. Engineer Bearden commented that there is a low spot in the back of the property that drains to the south. Mayor Johnson directed the maintenance superintendent and city engineer be sent out to check the situation and report back to Council. Mayor Johnson read the resignation of Mr. James Nichols Accountant I, effective August 29, 1975. 4 Ayes MSP (Johnson Pickar) to accept James Nichols' resignation as presented. 4 Ayes Mayor Johnson read the resignation of Dale Olson, nark maint., effective September 12, 1975. MSP (Johnson Baumgartner) to accept Dale Olson's resignation effective September 12, 1975. Administrator Achen presented an amendment to the CETA agreement to hire Thomas Tveit at $790.00 /month for six months, $850.00 /month thereafter. MSP (Pickar- Baumgartner) to hire Thomas Tveit effective September 22, 1975. 4 Ayes 4 Ayes MSP (Baumgartner Pickar) to authorize the Mayor to sign the CETA agreement. 4 Ayes Administrator Achen presented a memorandum from Doug Bryant detailing the proposed improvement of Greenfield Park. Councilman Pickar wanted to know if the ditch level would be maintained. Administrator Achen said the preliminary plans would be based on Council's request for an estimate. MSP (Pickar- Johnson) to accept the plans as presented as part of the capital improvement program to upgrade Greenfield Park and to use day labor and buy seed, survey, top soil, grade, dozing and to budget $2800 of revenue sharing toward this capital improvement. Administrator Achen recommended Council direct the city engineer to work with the park director part'cularly in terms of the ditch and Ramsey County Wat?rshed approval. MSP (Johnson Shelquist) to so move. 4 Ayes -7- September 22. 1975 Administrator Achen presented three ordinances reflecting Council's advice in revising Chapter 40 and 42 of the municipal code. Raising the minor subdivision fee to $75, raising the major subdivision fee to $150, rezoning fee to $50, variance to $50 and special use permits to $50.00. MS (Shelquist- Johnson) to approve Ordinance No. 234 amending Chapter 42.05, subdivision 1. (3) of the municipal code of Mounds View entitled Procedure for Minor Subdivision. Councilman Baumgartner asked if persons subdividing contact the city engineer or attorney regarding their subdivision if this would be part of the fee. Mayor Johnson answered yes. Councilman Baumgartner feels persons should be made aware of the fact that there is a fee involved when contacting these consultants. Councilman Shelquist feels because the attorney and engineer are consultants and the city has to pay for their fee, he does not think this is an unreasonable fee increase in the case of minor subdivisions. MSP (Johnson Shelquist) to approve Ordinance No. 234 with the following amendment. The wording in the second paragraph to be changed to any fee incurred over and above deposits made. Behind the word sign, insert "or approve The second to the last paragraph should read "No official or agent of the City, for the purpose o` authorizing conveyance or legal recording of property subdivided under this ordi- nance, may sign or approve any deeds until any additional costs over and above the deposit have been paid. Administrator Achen read Ordinance No. 235. MSP (Johnson Shelquist) to approve Ordinance No. 235 as with the same amendment as Ordinance No. 234. 4 Ayes Administrator Achen read Ordinance No. 236. MSP (Johnson- Baumgartner) to approve Ordinance No. 236 amending Chapter 40.11, Subdivision 4. of the municipal code of Mounds View entitled "fee" and change the second to the last paragraph to read "No building permit or account for which purpose said application is intended may be issued or allowed until any additional costs over and above the deposits have been paid. Administrator Achen presented the bills for approval. MSP (Johnson- Baumgartner) to approve the bills. General fund checks No. 11079 through 11181, Payroll account No. 1200 -1204, transfer check No. 11182 transferring from Water $6,556.54, from Sewer $2,001.94, from General $23,076.50 to Payroll to pay gross pay. Payroll checks No. 2257 through 2294, total disbursements $53,122.24. MSP (Shelquist- Johnson) to amend to withhold check no. 11131 to MAPSI until they appear before Council and discuss the bill. 4 Ayes 4 Ayes 4 Ayes -8- September 22, 1975 Vote on main motion. 4 Ayes MSP (Pickar- Baumgartner) to approve the licenses: General Contractor C A Construction, L. H. Haug Construction Company; Heating A/C Warren's Mobile Home Service; Kennel Our Matchmaker Kennels; Solicitor /Peddler Cubmaster Dean Schwerr. MSP (Baumgartner Shelquist) to amend the original motion to waive the fee for Cub Scout troup of Dean Schwerr. 4 Ayes Vote on main motion. 4 Ayes Attorney Meyers suggested looking into the city requiring contractors to be licensed. Administrator Achen presented a list of proposed 1975 fall instructors in the recreation department. MSP (Baumgartner Shelquist) to approve the hiring of recreation personnel and pay scales. (list attached) Administrator Achen said he received formal CETA agreement to fund maintenance man for parks and director of public works superintendent for adding a part time man under the CETA program. Chris Westen has been working since May 1975. The park director and superintendent have reviewed his performance since last spring and feel that he is a good candidate and recommend his appointment to that job and ask that the CETA agreement be amended to include that job effective October 1, 1975 at $944.00 /month. MSP (Pickar- Baumgartner) to accept staff recommendation to hire Chris Weston as a permanent employee on the CETA program. Administrator Achen said the police department requests authorization to advertise for bids for a new police squad car and to accept bids on October 21, 1975 for 1976 acquisition. They would like the car after the first of the new year. MSP (Baumgartner Pickar) to authorize and call for bids for new police squad car. Bid openings to be set for October 21, 1975 at 11:00 a.m. Administrator Achen read a letter from Howard Neisen stating he would like to attend the November 3rd agenda session and discuss upcoming legislation with Council. Administrator Achen reported he would like to enroll Tom Tveit at Anoka Ramsey for an accounting course this fall. Tuition is $41.00. Administrator Achen presented a memo from the park and recreation director regarding extension of a probationary period ending October 15, 1975. Mayor Johnson asked Attorney Meyers what provisions the code had for extension of probationary periods. Attorney Meyers sa'd there is no provision for extending probationary periods. 4 Ayes 4 Ayes 4 Ayes -9- September 22, 1975 Councilman Baumgartner said he feels if a person is not satisfactory they should be terminated. Councilman Pickar agreed. Councilman Shelquist also agreed that unsatisfactory persons should be terminated during probationary period. MSP (Pickar-Shelquist) to recommend termination of Joan Greig effective October 7, 1975, based on staff recommendation. Councilman Pickar'sReeort Councilman Pickar announced he received the statement of receipts and fund balances for the year ending December 1974 for Lakeside Park, summary of Lakeside Park 1975 budget including proposed budget for 1976. He acknowledged receipt of official attendance of residents for Mounds View, Spring Lake Park and surrounding communities participation in the swimming lessons for 1975. Councilman Shelguist's Re2ort Councilman Shelquist announced the Planning Commission meeting to be held September 24, 1975, at 7:30 p.m. He said he was uncomfortable about the allowable depth for basement in the city. He does not think establishing a water table of four feet is going to protect us in future years. Attorney_Mexers' Attorney Meyers reminded Council of the holiday on October 13. MSP (Johnson Pickar) to hold the next regular Council meeting on October 14, 1975 at 8:00 p.m. Engineer Bearden's Report Engineer Bearden reported on Project 1975 -4 Mounds View Square drainage improvement. He said the ditch has been regraded, banks have been sodded, roadside has been seeded. The project is about completed with the exception of lowering one culvert under the driveway and putting in a swale to the Highway. He said Don Paster and manager indicated if the culvert isn't where it is supposed to be they would lower it. MSP (Baumgartner Pickar) to cancel Project 1975 -4 Mounds View Square drainage bid opening scheduled for 11:30 a.m. on 9/25/75. 4 Ayes Engineer Bearden explained the lighting arrangement tor the new city hall parking lot. MSP (Baumgartner- Johnson) to adjourn at 12:25 p.m. 4 Ayes Respectfully submitted, )6zAkideil4A, Mar* Achen 4 Ayes 4 Ayes 1 'r RUCTOR Cindy on ten On /&ty Jane Men Candy Nelson Sandy Schtigi Dan,iee R.ich.ie Janie. Dtutand Chcuiles Shaw Banbana Hitt. ant. Flood Mates hale c Studio n.is Veche.z Donohy Gnoebnen 'Robe t Fhankson ;;Kathityn Fhankhon 'Veen PehcLc Jack Kuntz Jon B'zand KctthAyn Eggen 1 atuu:e Hittsdate Chuck 7a4►z6 .ie Doenges Akden (ilanetrg Joy Heiviington Listed berm, ahe the pnopo.sed 1975 6att ins#huctohs Son the Mounds View PaAl26 and Rechea.tion Depah..tmen.t. ADDRESS 3727 NE Foss Rd. 55421 1864 Shetdon Ave. 55113 814 Pnocton Ave. Apt. 1C EPfz R.iveh_, Minn. 55330 500 12th St. NW 55112 c/o Meditation Ctk. 631 UnivekSLty Ave. NE c/o Lee wands 5225 Cent1utt'Ave. 55421 7190 S.ttven Lake Rd. Apt. 106 55432 3504 47th Ave. S. 55406 2690 N. Ox6ond 55126 7748 Lakclnnd Ave. N. 55455 648 NE 87 Lane 55420 4514 N Lexington 55112 2720 N Date #106 55113 2720 N Date #106 55113 1020 68th Ave. N.E. 55421 1431 Chetn56ohd St. 513 Hei.nel Vn. 55113 6951 Knottwood Dh 55432 1058 Pike [(&e._ ph. 55112 1301 Buchanan Pt. 55421 5092 Red Oak V. 55112 1976 16th St. N. (0. 55112 PHONE ACTIVITY 788 -5661 Guitax 644 2149 Gyinna .ti.c6 441 -5519 Gymnastics 633 3504 Gymnastics 332 -8838 571 -6971 784 -5100 Yoga Knitting Chess 729 -4350 Midge 483 -1289 Judo 425 -5216 784 -4078 484 -5778 483 -8361 483 -8361 571 -5656 644 -7759 484 -1142 184-3609 633 -8878 w -781 -3191 h- 788 -6657 784-8486 633 8095 Dance Dog Obedience Tap 6 Ballet Satuhday Adv. Sattthday Adv. Sattthday Adv. Teen Ptog Yarn Sa.tun da y Adv. Watch_ Sa6e! (t!a.ten Sa Waters Satiety Teen Pnog iam Wa-teh Satiety (tIa #eh Satiety (ea.tek Satiety Stum Aid (VAGE $10.00 /.aesuo $15.00 /howl $10.00 /aeisslon 7.00 /se4&Lo 01.00/session 1 $10.00 /sesa.con 6.00/session 9.75 /session $10.00 /seb4.ion $20.00 /secs Lon $15.00/session 7:50 /sesS.i.on 2.50 /hour $j:50 /hour 2.50 /houh. 2.25 /hour. 2.50 /hotel 3.00 /hour 3.00 /howl 3.25 /hour 2.25 /nowt 6.00 /hour 6.00 /noun 1.50 /hours 2. i0annh