HomeMy WebLinkAboutMinutes - 1976/04/26A G E N D A
Mounds View City Council
April 26, 1976
1. Roll call of officials
2. Minutes of regular meeting April 12, 1976.
3. Citizen comments and requests.
CITIZENS: BEFORE SPEAKING, PLEASE GIVE YOUR FULL NAME AND
ADDRESS FOR THE MINUTES.
4. Bicentennial Commission recommendation for design of city sign.
5. 8:15 p.m. public hearing on Roger Baumgartner request for
trained dog permit.
6. Resolution approving final plat of White Oak Estates
Third Addition.
7. Minor subdivision request of Herman Weise for 8465 Groveland.
8. Minor subdivision request of David Bissonnette for 8312 Red Oak.
9. Mirror subdivision request of Clara Ford for 8334 Groveland.
10. Proposed development of duplexes at 7624 -7638 Woodlawn Dr.
11. Minor subdivision request of Marian J. Arndt for 2808 Sherwood Rd.
12. Project 1975 -4 Mounds View Square Shopping Center drainage
improvement feasibility report.
13. Proposed ordinance amending Chapter 90.04 titled Junked
and Abandoned Vehicles.
14. Resolution requesting Ramsey County prohibit parking on Spring
Lake Rd. between County Rd. I and Hillview Rd.
15. Purchase of punch card voting system.
16. Request of storm water drainage engineering consultant to
extend study until June 30, 1976.
17. Proposed revision of subdivision ordinance.
18. Licenses for approval.
19. Bills for approval.
20. Reports of officials.
21. Adjournment.
Administrator's Report
April 23, 1976
Order of voting:
Councilman Shelquist
Councilman Hodges
Councilman Baumgartner
Councilman Pickar
Mayor Johnson
Council meeting April 26, 1976:
ITEM 4. Bicentennial Commission plans to review sign designs
Saturday and make recommendation to Council.
ITEM 5. The dog appears to be satisfactorily trained and meets
the ordinance requirements. However, the dog owner is
quite uncontrollable and should not be allowed off leash.
ITEM 6. Development Contract has been prepared for Brentwood
Development Co.'s White Oak Estates Third Addition plat.
Terms of the contract are payment of engineering and
legal fees agreement to assessment for cul -de-
sac improvements, developers to install drain line and
Swale, owners to provide financial guarantee of $5,500.
Plat can receive final approval subject to execution of
the contract by the owners (Robert Carlson Edward Dropps).
ITEMS 7 through 11. See attached staff recommendations on these
Planning Commission referrals.
ITEM 12. See administrator's memorandum dated April 21, 1976,
regarding Project 1975 -4 Mounds View Square drainage
improvement.
ITEM 13. Ordinance is being prepared to implement the recommendations
in my April 21, 1976, memo to Council on junked and abandoned
vehicles. I shall also include a provision limiting
storage to one vehicle outside of a garage. This was
recommended by police to prohibit the Gillespie type situation.
ITEM 14. Property owners on the east end of Spring Lake continue
to have problems with excessive parking and partying on the
lake shore. Police recommend no parking on both sides
of street. County is examining possibility of aligning
the intersection of County Rd. I and Spring Lake Rd. north
of I at right angles with a stop sign.
ITEM 15. Recommend Council receive bid on punch card voting system
and authorize purchase. I should have further information
on the counting phase of the system by meeting time.
ITEM 16. Letter from Roger Short is enclosed explaining their request
to extend the storm water study until June 30, 1976. They
have also agreed to make a preliminary report of their
recommendations at the May 3 agenda session. I shall pub-
licize such if Council approves.
Administrator's Report
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I. Adjournment should be possible by sunrise.
April 23, 1976
ITEM 17. Attorney has recommended a number of technical changes
that do not alter the purpose or procedures of the sub-
division ordinance. He has questioned three substantive
areas: (1) whether something less titan full platting
might be allowed for minor subdivision, (2) whether the
city should notify nearby property owners (which is
not required by state statute), and (3) whether provision
for some variance should be provided. I am investigating
these but may not be prepared to report to Council by
meeting. If not, this item will have to be laid over again.
ITEM 18. Licenses are all routine. Recommend approval.
ITEM 20. Administrator's Report:
A. Council should note receipt of first quarter budget report.
B. A request for street lights on Arden Avenue where it
intersects with new streets has been received. Police
and staff recommend such lights be ordered.
C. Project numbers and separate accounting funds should
be established for the following:
storm water drainage Project 1976 -1
District 2 streets Project 1976 -2
Monies to finance each should be appropriated from
the Public Improvement Revolving fund at 8% simple
interest ($1,000 to Project 1976 -1 and $500 to 1976 -2).
D. Council should approve the following engineer selection
process as agreed at the April 22 agenda session:
special meeting May 6, 7:00 p.m., to review applications
and questionnaire responses and to select three finalists.
Special meeting May 19, 7:00 p.m., to interview the
three finalists.
E. A resolution will be prepared for the meeting to
formalize the City's savings account investment
policy with the First State Bank of New Brighton.
The resolution will set the terms and conditions
under which phone transfers of funds can be made by
the staff from the general checking account to the
savings account and back. Additionally, it will
formalize the practice that we have recently
followed for the payment of debt service whereby we
have the bank transfer the federal funds to the bond
buying agent on the date both payments are due.
Previously, both payments were being mailed approxi-
mately 30 days ahead of the due date which, in some
cases where bond payments were in the hundreds of
thousands of dollars, proved a significant loss of
investment income to the City.
F. I discussed with the attorney my recommendation that
all approved butunrecorded subdivisions be reviewed
by the Planning Commission and Council and that upon
completion of the review the owner be required to
record the subdivision within 90 days. Attorney
feels we can do so. See my comments on this subject
in ,.iy nprii 21, 197o, report for Thursday's agenda
session.
G. May 2 is the dedication of the new city hall park
fireplace donated by the Girl Scouts.
H. Registration for the I.MM conference in Duluth must
be made by name. So far only Councilman Hodges
has indicated he will attend. Another name is
needed to make two reservations.
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 Johnson on April 26, 1976, at 8:00 p.m.,
at Mounds View City Hall, 2401 Highway 10, Mounds View, MN 55112.
Present: Mayor Johnson Also present: Clerk Admin. Achen
Councilman Hodges Attorney Meyers
Councilman Baumgartner Engineer Bearden
Councilman Pickar
Councilman Shelquist
MSP (Baumgartner- Hodges) to approve the minutes of April 12, 1976,
regular meeting. 5 ayes
Pickar stated that when
perhaps the name of the councilman
Johnson stated that this should be
not necessary on voice votes.
the minutes show a nay vote,
so voting should be noted. Mayor
done on roll call votes but is
CITIZEN COMMENTS REQUESTS there were none.
Gordon Ziebarth, Chairman of the Bicentennial Commission, presented
four sign designs by Brede Inc. and two by Nordquist Sign for
Council's consideration in choosing a new city sign. He stated
the main concern for this meeting was to choose a basic design and
worry about detail and specifications later. The bids for the
actual job, of course, will be open to all companies. The sign
is to be generally 16' x 8' with 10" or 12" lettering. The
Bicentennial Commission recommended the Nordquist sign design
containing the logo and with the steel base, with leeway on the base.
Councilman Shelquist inquired about relative prices. Mr. Ziebarth
stated the range was $6,000- 7,000. All would be interior lighted,
both the City name and message; there is very little difference
in price between exterior or interior lighting.
Councilman Shelquist expressed concern of vandalism. Mr. Ziebarth
stated there is a durable plastic covering the sign, and the bases
are variable as far as height; however, they are trying to keep the
size as near as possible the 16' x 8'.
Councilman Hodges stated preference for a brick base to match the
city hall brick and having the name of the city on the top.
Councilman Baumgartner liked the brickwork sign and would rather
there be more room for the message and less for t' name of the city.
Mr. Ziebarth pointed out that green backing with white lettering would
show up much better than the white background with green lettering.
Councilman Pickar inquired whether the specifications would
include the cost of running power from city hall to the site. Mr.
Ziebarth stated they would cover every source of expense in the
specifications.
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Mayor Johnson stated his preference for giving more space
to the message rather than the city name. Councilman Pickar
stated he'd like to see the logo on the sign, if possible.
MSP (Hodges- Shelquist) to recommend to the Bicentennial
Commission a combination of the Nordquist signs, with the
City of Mounds View across the top and the message under-
neath placed on a base much like the steel base.
Mayor Johnson stated the steel base looks cold and commercial;
perhaps the base could be raised and shrubbery placed around it.
MSP (Hodges Pickar) to add to the original motion a base with
a brick to match the city h ?11, if possible; and to award
the $200 for design to Nordquist Sign Co.
Mr. Ziebarth asked if this motion allowed the Nordquist Sign
Co. to come up with a couple more designs. Mayor Johnson
answered yes and try to soften sign up and make it less com-
mercial with brick or whatever, yet keep it functional.
Administrator Achen stated that Representative Neisen had
earlier indicated the need of a formal motion from the Council
stating the City's intent to fund 50% of the cost of the sign.
This would increase the City's chances of having their
application to the State Bicentennial Commission approved for
the other 50% funding of the sign. Adm. Achen stated that
those projects that are receiving local funding as well as
Bicentennial funding are receiving priority consideration.
This is not a budgeted item. Councilman Hodges asked about
using revenue sharing? Adm. Achen said he'd check whether
or not revenue sharing can be used for matching funds.
Mr. Ziebarth stated that the Bicentennial Commission has been
setting aside funds from activities toward the purchase of the
sign; their meeting on May 11 would give some indication as to
where they stand with funding.
Attorney Meyers stated the motion should include fact that
City would authorize purchase of sign that would cost not
more than $8,000 and that the City would obligate itself
to up to 50% of that amount.
Mayor 'ohnson thanked the Bicentennial Commission for their
conti:lued interest in the project and all their work.
5 ayes
MSP (Johnson Hodges) that the City of Mounds View commit to the
purchase and construction of the new city sign not to cost in
excess of $8,000 and that the City will commit to funding up
to 50% of the actual cost which is not to exceed $8,000. 5 ayes
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Mayor Johnson recessed the regular meeting and called to order
the public hearing on Roger Baumgartner's (7585 Knollwood)
request for trained dog permit. Adm. Achen stated the four -year
old Labrador for which the permit is requested had been examined
by Doris Dechene, training instructor, who had found the dog
overall acceptably trained. Mayur Johnson asked if anyone wished
to speak for or against the permit.
Robert Waste, 2345 County Rd. H -2, asked what exactly the permit
is for. Is it a kennel? Is it to train dogs?
Mayor Johnson explained the dog leash law dog cannot be
off leash unless trained and you have a special permit. To
receive special permit, dog has to be examined by person schooled
in dog obedience. Councilman Shelquist added that off leash
is only when it is exercised, not running loose. Mayor Johnson
also added that the dog cannot be loose on public propery,
such as parks.
MSP (Pickar- Hodges) to approve the trained dog permit request
of Roger Baumgartner, 7585 Knollwood. 4 ayes
Baumgartner 1 abstain
Mayor Johnson adjourned the public hearing and called
the regular Council meeting back to order.
WHITE OAK ESTATES THIRD ADDITION. Adm. Achen stated that prior
to approval of the resolution approving the final plat of
White Oak Estates Third Addition, Council should take action
on the development contract, copy of which the developer has
received.
Attorney Meyers stated that one of the developers had questior:zd
him about paragraph 3 of the development contract which states
that all improvements required shall be constructed and paid for
by the subdivider, and the Attorney explained that all public
utilities have been installed. The developer had also questioned
him about paragraph 15 of the contract regarding the necessity
of a $5,500 cash bond. The Attorney explained that there is
some drainage work that has to be done with the installation of
culvert and swale and cost of this is covered by the bond. If
the developer, for some reason, doesn't complete the project,
the City can use the monies for finishing the project. The developer
had indicated to Atty. Meyers that he would use a letter of credit,
which the Atty. said was satisfactory.
Atty. Meyers also stated the developer's objection to paragraph
16 of the contract, the terms "in the City Council's opinion
Atty. explained the purpose of the contract is to have a control
over the development, to be sure it is carried out in conformance
with Council's approval.
Atty. Meyers also stated the developer's question of whether or
not the costs (engineering, legal, etc.) in paragraph 20 of
the contract had not been included when he was assessed for
the cul -de -sac. Administrator Achen stated he had examined
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the bills and administrative costs for Project 1975 -4 were not
included. We have reapportionment of assessments cost of $675
plus other administrative costs not included in the Project
assessment; and that is why we world like to consider increasing
the fee schedule.
Bob Carlson, Brentwood Development Co., stated that he and
Ed Dropps, the other developer, were satisfied with the conditions
and prepared to go along with the wording. But he stated the
bank doesn't want to issue an open ended letter of credit. He
asked regarding putting up a cashier's check in lieu of the bond
in order that they might apply for a building permit this week.
They would want to trade the cashier's check for a bond next week.
Atty. Meyers indicated bond suits are hard to deal with, would
rather see something more negotiable; however, he gave his approval.
Mayor Johnson indicated he would be available to sign the agreement
when the cashier's check is delivered.
MSP (Shelquist-Hodges) adopt �.,,.v a. av u to aavpL Resolution No. 728 authorizing mayor
and administrator to enter into contract putting into force
the Mounds View Development Agreement No. 76 -2 with White Oak
Estates subject to receipt of a negotiable bond or similar posting
and after the Attorney's review and approval of the bond. 5 ayes
MSP (Hodges Pickar) to adopt Resolution No. 729 approving the
final plat of White Oak Estates Third Addition. 5 ayes
Administrator Achen inquired as to the dates for commencement
and completion of the improvements per paragraph 12 of the
contract. Bob Carlson agreed to commencing work no later than
May 20, 1976, and completion of construction no later than
June 15, 1976. Mayor Johnson pointed out that this is a tight
schedule, and Carlson indicated that is what he wanted.
Mayor Johnson indicated to John Bearden that Comstock Davis
would have to inspect this project.
MAJOR SUBDIVISION REQUEST OF SELMER SAKARIASON FOR CHAPMAN 2nd
SECOND ADDITION. Adm. Achen summarzied what had taken place
on this request since the last Council meeting. Council had,
in essence, approved the preliminary plat as designed; the problem
was that two structures were existing on land astride property
lines which would be in violation of City zoning code. The
structureshave to be removed before the final plat is approved.
The property owner has arranged sale and construction of new
home on northernmost lot. Staff recommends the owner present
to the City a recordable deed `oar Lot 1 (the northernmost lot)
so that if for some reason the final plat is not approved and
recorded, the City may record the deed for Lot 1. The developer
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has provided the deeds in recordable form, has provided the
$25 deposit for recording the deed if necessary, the deed
carries the covenant requiring the Lot 1 to become part of
the proposed Chapman 2nd Addition plat, owner has paid park
dedication and the extra $100 for extra staff and legal time.
Attorney Meyers added for the minutes that at present fee
owner of the property. is Selmer and Gladys Sakariason, hus-
band and wife. Mr. Sjodin indicates that is the status of the
title, we have notactually examined the title. Mr. Sakariason
has presented deed to Mr. Buzzell of the North 81' of Outlot A
Chapman Addition; it has been deeded back to Sakariason for
the same North 81' with the agreement that the lot is to become
part of the 5 -lot plat Chapman 2nd Addition. This is to be
completed and filed no later than June 15, 1976. At the time
the final plat is filed, the deeds will be returned to the
parties involved. If the plat is not filed, the city has the
option to file the deeds as presented. Atty. indicated this
procedure is not the best procedure, but it is expaditious
and accomplishes the sale of the one lot and yet giving the
people time to get the final plat in shape.
Councilman Shelquist questioned having the plat submitted to
the City by June 10 and building removed by June 14. Admin.
a
A explined that the 14th is the last meeting at which
th the lG a. r- final plat can be approved in order to �_r meet the terms of the cove
nant on the Lot 1 deed. Submitting the plat by June 10 allows the
staff time to review it.
MSP Shelquist- Hodges) to approve the procedure for handling
the Selmer Sakariason major subdivision as outlined in memo
to the City Council from Administrator of April 26, 1976 and
that the Administrator be instructed to sign and record
the deeds on June 15, 1976, if the other conditions of the
memo have not been met. 5 ayes
MINOR SUBDIVISION REQUEST OF HERMAN WEISE FOR 8465 GROVELAND.
Adm. Achen stated the Planning Commission's recommendation to
approve the lot split; the west lot to be 245' x 115' and the
east lot to be the remainder of the original lot with 5' ease-
ments at rear of both lots and 5' side easements. Nothing
unusual about the subdivision.
MSP (Hodges Baumgartner) to approve request of Herman Weise
for subdivision of property at 8465 Groveland as recommended
by the Planning Commission.
Adm. Achen noted that the approval includes a variance to
allow the existing Bar BO pit which will be l'1" from the
lot line to remain.
5 ayes
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MINOR SUBDIVISION REQUEST OF DAVID BISSONNETTE FOR 8312 RED OAK.
Adm. Achen stated this was a non- constrovertial subdivision and
recommended Council approve the subdivision as recommended by
the Planning Commission: the East lot to be 239' x 182' and the
west lot to be 91' x 234' with 5' utility and drainage easements
along both lot lines.
MSP (Pickar- Hodges) to approve the minor subdivision request of
Davis Bissonnette for 8312 Red Oak per the Planning Commission's
recommendation. 5 ayes
MINOR SUBDIVISION REQUEST OF CLARA FORD FOR 8334 GROVELAND.
Adm. Achen explained that since the intent of the developer
is to return at a later date to request a minor subdivision
of the western lot, the staff recommends that this request
be treated as a major subdivision now and eliminate the
second minor subdivision request. The Planning Commission
left this decision up to the Council.
Councilman Shelquist stated that the proposed lots really
are inadequate; but the Planning Commission had agreed to
the substandard lots as the other lots in that neighborhood
are substandard.
Mayor Johnson asked if this should be considered a minor or
major subdivision. Councilman Shelquist recommended it be
made a major subdivision since it is the eventual intent
to make it three lots.
Adm. Achen suggested that a major subdivision now protects
both the city and the property owner because the further we
get from Project 1973 -4 and the decision the Planning Commission
made about some substandard lots, the more distant the logic
of that Planning Commission recommendation becomes.
Mayor Johnson asked if Mrs. Ford would go along with a major
subdivision. Ken Sjodin, 2841 Bronson Dr., the builder buying
the lot from Mrs. Ford, said he had suggested a minor subdivision
at this time only because the legal would be easy and thought
Mrs. Ford could sell the lot faster this way; her only concern
is selling the lot.
MSP (Shelquist- Johnson) to deny the minor subdivision request
for 8334 Groveland and follow the staff's recommendation. Since
Mr. Sjodin has indicated verbally his intent to split the
western lot at a later date, it would be best to make the major
now. 5 ayes
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Adm. Achen suggested setting a public hearing on the major
subdivision. Councilman Shelquist asked about the Planning
Commission's recommendation?
Atty. Meyers indicated that two stubs were put in, so it is
anticipated the Commission would approve the substandard lots.
Adm. Achen suggested that the Planning Commission could
review it again at its April 28th or May 12th meeting.
Mr. Sjodin said he could have plan drawn up and to the staff
tomorrow. Will the Council go along with staff's recommendation
to publicize this for a major subdivision? Adm. Achen replied
that would depend on Sjodin's ability to have preliminary plan
ready for Wednesday Planning Commission meeting. Mayor Johnson
pointed out to Mr. Sjodin that there are other requirements
involved in a major subdivision not required in a minor.
MSP (Hodges Shelquist) to set public hearing for May 10, 1976,
at 8:15 p.m. on the proposed major subdivision for 8334 Groveland.
Adm. Achen noted for the minutes that Council is requesting
Planning Commission to reconsider this item at their next
meeting.
PROPOSED DEVELOPMENT OF DUPLEXES AT 7624 -7638 WOODLAWN DR.
Adm. Achen stated that the property involved is next to four
plexes that exist across the street from city maintenance building.
Developer plans to put in two duplexes and has option to buy
another parcel where he can get two more duplexes. Zoning is
appropriate for that use. Planning Commission has recommended
approval. Staff recommended that attached garages be stipulated.
Staff also recommended a tree of no less than 2" diameter be
provided in front yard of each unit, driveways be paved, and an
acceptable drainage plan be submitted before building permits
are issued.
Adm. Achen added that the site is a low spot off Edgewood, north
of Bronson. Inspection Dept. feels it is not a major drainage
problem; figure fill from excavated site can be used to fill
low area; but it can't be built without any indication of drainage.
Mayor Johnson asked when they proposed to start? Adm. Achen
replied that they had paid their building permit fees, so
assume they'd like to begin as soon as possible.
MSP (Johnson- Hodges) to approve in concept the construction of
duplexes at 7624 and 7638 Woodlawn Dr. and that the City Attorney
and Administrator negotiate a development contract to cover the
construction of these two dwellings and that the development
contract should embody the parking requirements which would be
applicable under our new zoning code, that drainage be covered
and that it also comply with our proposed drainage study
which we are getting from Banister Short, that garage be
included in the project in accordance with our proposed zoning
ordinance, drainage on lot lines including easements, placing
5 ayes
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of trees on the property and paving of the driveways. 5 ayes
Adm. Achen pointed out that waiting for the Banister Short
study would postpone any construction until after June. Mayor
Johnson directed the Administrator to discuss this item with
Banister Short and find out what they have in mind for that
area so to be consistent with their report in coming up with a
development plan.
MINOR SUBDIVISION REQUEST OF MARLAN J. ARNDT FOR 8444 EASTWOOD.
Adm. Achen stated the Planning Commission's recommendation for
approval creating two lots; the east to be 234.04'x 101.26' and
the west 234.04'x 101.26' with 5' utility and drainage easements
along rear of both lots. The grading of the parcel should be
approved by the Inspection Department.
Councilman Shelquisted asked if the Inspection Dept. had looked
at the parcel. Adm. replied they had and saw no major problem,
just had to be graded to drain proper direction.
MSP (Johnson Pickar) to approve minor subdivision of Marlan J.
Arndt for 8444 Eastwood in accordance with the Surveyor's
Certificate in the subdivision file and with the easements
noted thereon.
ROBERT WASTE REPRESENTING THE MOUNDS VIEW LIONS CLUB and two
other Lions Club members presented a request to again hold
the Lion's Used Car Flea Market beginning Saturday, May 1,
1976. Councilman Hodges inquired how long they planned to
sell? Mr. Waste replied they would like to try Saturdays
instead of Sundays this year and they would like to remain open
through October or perhaps even November, being closed, of
course, for the holiday weekends.
Mayor Johnson inquired as to who sells these cars? Mr.
Waste replied that at least 50% of them are coming from
people in Mounds View and probably most of the buyers, too.
He said he has a list. Mr. Waste indicated that every type
of car is sold from low cost to high price, some people getting
rid of an excess car, some just ready to trade.
Councilman Shelquist asked regarding the sign situation? Mr.
Waste indicated they would need an okay again for signs, keeping
them on one side of the street again. Councilman Shelquist
suggested one single sign to put out during the sale. Mr. Waste
said they already had signs made up one large sign would
cost too much and they are trying to watch their budget.
Mayor Johnson asked regarding hours, and Mr. Waste stated them
to be 10:00 a.m. to 5:00 p.m. and all cars would be removed
at close of sale each day.
5 aye
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MSP (Shelquist- Johnson) to grant Lions Club special use permit
to operate used car flea a:arket on the property of Robert
Waste east of the Launching Pad, Saturdays from 10:00 a.m.
to 5:00 p.m. with the stipulation that all cars be removed b
6:00 p.m. of the evening of the sale and with the stipulation
that one permanent sign may be left throughout the week and
any additional signs will be removed each day at the close
of the sale.
Mr. Waste objected to putting signs up and down each Saturday.
He stated there were no complaints last year. Why not go
along with it again this year?
Mayor Johnson stated it is not a question of running into
problems. The problem is uniformity in enforcing the code
everybody else pointing their finger at us and saying they
could, why can't we.
Council Shelquist stated we have to consider how the road
sides look to non residents driving through the city; they
get an impression of the city by what they see.
Roll call vote was requested:
Councilman Shelquist aye
Councilman Hodges aye
Councilman Baumgartner nay
Councilman Pickar aye
Mayor Johnson aye
Councilman Baumgartner stated his reason for a nay
vote being that he'd rather see six little signs than
one great big one.
On behalf of the Lions Club, Robert Waste presented Council
with a check in the amount of $135 covering the cost of the
stove which the Lions Club donated to city hall.
Motion carried.
MSP (Johnson Pickar) to receive check from the Mounds View
Lions Club in the amount of $135 for contribution of electric
stove downstairs and sincerely express our appreciation for that
donation. We know the Lions works hard to raise their money.
Council doesn't wish to be arbitrary as far as civic organizations
are concerned. But we must be concerned with what goes on
with all businesses.
5 ayes
Mayor Johnson instructed Mr. Waste to see the Administrator
when they had their plans for the used car flea market sign ready.
MSP (Shelquist- Johnson) to waive the fee for erection of sign
for Lions Club flea market. 5 ayes
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John Bearden submitted plans and specifications for improvement
of the north ditch of Highway 10 from Long Lake Rd. to County
Rd. I, MOUNDS VIEW SQUARE SHOPPING CENTER, PROJECT NO. 1975 -4.
Engineer Bearden said they had prepared plans for installing
an 18" diameter pipe at bottom of the ditch with fill over the
pipe in accordance with District 5's recommendations. The
ditch grade is the grade approved by the Highway Dept. and Rice
Creek Watershed District last fall. Only difference now is
the pipe.
Councilman Hodges asked if this pipe would be just in front of
shopping center, and Eng. Bearden replied from Long Lake Rd.
culvert to culvert in County Rd. I installed by Ramsey County
last fall.
Mayor Johnson stated we have spent $9,000 on that ditch
already and now another $26,700. What about assessing and
collecting this money? Atty. Meyers said he had discussed
this with staff and appears that the original $9,000 was
expended pursuant to the emergency provision of Chapter
429 as well as normal 429 procedures based on petition.
A QQr.Q
do th �+g -1-- .no ^^211A S
Atty. stated that if we than' z av anything
the $9,000 based on that procedure.
Attorney Meyers stated that with the new proposal, it is no
longer falling within the scope of the original emergency improvement
project. Therefore, he recommended that a new Chapter 429
procedure be commenced involving the normal hearings, ordering
the project, advertising for bids, letting contracts and
going ahead with the work. Council may assess original $9,000
to go on a 1977 tax bill, based on the old proceeding. If
the Council orders the new $26,700 project, the option is
that you could assess the whole thing at one assessment proceeding;
there is only one benefited property owner and that would be
assessed against that property. The Atty. indicated the timetable
(listed below) is in compliance with the Chapter 429 procedure.
Proposed timetable for proceeding with improvement:
April 26 Bearden present feasibility study and cost
estimate and Council order final plans and
specifications, order public hearing, and order
advertisement for bids.
April 27 notification of hearing sent to property owners
to be assessed (Paster Enterprises).
April 29 legal notice of hearing and advertisement for
bids published.
May 6 legal notice of hearing published.
May 10 midday open bids and prepare bid summary.
May 10 Council meeting hold public hearing, order improve-
ment, receive and approve final plans and speci-
fications, receive bids, and award contract.
May 11 construction begins.
Mayor Johnson asked if we shouldn't assess the first $9,000
and put that to bed first? Atty. Meyers recommended combining
the total assessment and spreading it over five years. Adm.
Achen stated that splitting up the assessment would involve
fighting the battle twice. The first $9,000 was not satisfac-
tory to take care of the job. An open ditch is not satisfactory
there.
Mayor Johnson asked if the District had approved the original
project. Adm. Achen stated Dist. 9 did then, but District 5
Maintenance is in charge of upkeeping now. If we don't
undergound the pipe, we'll have complaints that the system is
not operating properly, City will be blamed because we put
the project in in the first place.
Councilman Shelquist inquired as to how much the cost would
have been reduced if we had gone with this plan in the first place
Eng. Bearden stated that what was spent is useful and there
won't be duplication. A lot of the $9,000 was meetings
before the project even started with Paster and the Rice Creek
Watershed District. The cost that is construction cost would
be added on to whatever the cost is now.
Adm. Achen stated he didn't think the city should be blamed
for the delay and uncertainty as to how the improvement should
be made. Council spent considerable time waiting to see if
the developer was going to do something himself to alleviate
the problem; the owner kept emphasizing he wanted it done
at minimal expense.
Atty. Meyers stated some of that $9,000 was emergency work,
so that would be sustainable based on our emergency action.
Eng. Bearden pointed out that this project has gradually
progressed to a better drainage project. Consequently, the
cost has gone up.
MSP (Johnson- Hodges) that we receive the feasibility report
and cost estimate of Comstock Davis and that we order final
plans and specifications for the project and that we set a
public hearing for the project on May 10, 1976, at 8:30 p.m.
and that we advertise for bids.
Councilman Shelquist questioned the point in Bearden's
feasibility report about the ditch bottom being elevated. Is
there room for water to drain? Eng. Bearden answered yes, there
is no open ditch, pipe all the way through
Adm. Achen questioned if the first section is left open, if
the system backs up, will it drain to Paster's property or to
County Rd. I? Eng. Bearden stated there is a new culvert
in there. Last year, without the culvert it backed up and
over I. Should any one ofthe culverts get blocked, it will
happen again. Adm. suggested the system should be designed
-12-
so that County Rd. I is the last place to be flooded. The
swale will be higher than County Rd. I. Eng. Bearden stated
the ditch will store a lot of water and there is a catch basin.
If the pipe gets full and can't handle the load, it will fill
other places.
Mayor Johnson stated that with tremendous rain, pressure would
build up in catch basins; would there be so much so as to
force water down I as opposed to going down Highway 10? Eng.
Bearden indicated overflow from pond to parking lot and eventually
to ditch section of I, then to pipe.
Adm. Achen said the problem is that the owner hasn't done his
job by putting in an overflow.
MSP (Shelquist Baumgartner) to amend the main motion to direct
the engineer to ensure that drainage from County Rd. I to
Highway Ditch on 10 is ensured so that the ditch does not end
up higher than County Rd. I, that the inlets to the catch
basins do not end up higher than County Rd. I.
Adm. Achen stated that County Rd. I should be the last area
to be flooded. Eng. Bearden indicated that because everything
is hooked up hydraulically, you can't isolate 1 because water can
flow backwards through the pipe.
A vote was called for on the amendment. 5 ayes
Councilman Baumgartner questioned who would be in charge of
keeping the pipe clean? It has to be clean at all times.
Eng. Bearden said it may be the city. Adm. Achen said that if
the open ditch remained, it would definitely be the city.
Atty. Meyers questioned whether the benefit of this improvement
is to improve the drainage situation or only the maintenance
situation? Eng. Bearden indicated that if it prevents the
culvert from becoming blocked, then it improves the drainage;
otherwise, it basically is for maintenance, appearance, safety.
A vote was called for on the main motion. 5 ayes
Adm. Achen read the PROPOSED ORDINANCE AMENDING CHAPTER 90.04
TITLED JUNKED AND ABANDONED VEHICLES.
MSP (Baumgartner- Hodges) to adopt Ordinance No. 248 amending
Chapter 90.04.
Councilman Shelquist stated his objection to Section 3, Sub-
division 3 of the ordinance where it allows a fitted tarpaulin
to be used as screening of junked vehicles because an actual
fitted tarpaulin would be a high investment and people
might end up using any torn tarp.
MSP (Shelquist- Johnson) to amend the main motion to delete
fitted tarpaulin cover from Section 3.
5 ayes
-13-
Councilman Hodges stated he preferred fitted tarpaulin than
having the vehicles just sitting there, particularly race cars.
Mayor Johnson stated that a man who intends to keep and maintain
a race car would probably put it in a covered enclosure.
Councilman Pickar stated that Council is banning such vehicles
from the city. What type of screening is it we are allowing?
Councilman Shelquist answersd perhaps a 5' or 6' fence
alongside the garage. Councilman Pickar stated that we are
again asking the police to define what a suitable screen is.
Councilman Pickar also suggested exempting servicemen's autos
and race cars where insurance is unobtainable, as are motor
homes under Section 5, Subdivision 7.
Councilman Pickar offered as an amendment a Subdivision 8
stating that servicemen's (currently on active duty) autos
and race cars where insurance is unobtainable shall be exempt
from screening provisions of Subdivi. ion 3 and Subdivision 6
if such vehicles comply with all other subdivisions of this
chapter.
Motion died for lack of second.
Councilman Shelquist offered as an amendment an addition
to Section 5, Subdivision 7 after "if such motor homes comply
with all other provisions of this chapter" add "and to Chapter
40 of the Zoning Ordinance
Motion died for lack of second.
Councilman Shelquist stated the new zoning code restricts
where they are allowed. Adm. Achen noted the new zoning code
reference is to recreational vehicles, not motor homes. Recre-
ational vehicles are pickups with campers, convertible units.
Adm. Achen pointed out that the only difference from the
original ordinance is exempting motor homes. The police dept.
is very concerned that Council back up whatever ordinance is
adopted. Do they issue more tickets and have more complaints?
Councilman Shelquist stated enforce the ordinance; I intend
to back them up.
Atty. Meyers noted that at the beginning Council didn't want
people storing junk on their property, now we're on licenseing.
We're getting too far from the main point. We're getting into
zoning. The criteria is not licensing, it is junk.
Roll call vote on the main motion:
Councilman Shelquist aye
Councilman Hodges aye
Councilman Baumgartner aye
Councilman Pickar aye
Mayor Johnson aye
-14-
AWARD STREET SWEEPING CONTRACT. Adm. Achen noted the city had
received one bid from the same firm providing the service last
year for $2700; this year's bid is $,2950. This is a budgeted item.
MSP (Hodges- Baumgartner) to accept the bid of Clean Sweep,
Eden Prairie, MN for street sweeping services. 5 ayes
PARKING ON SPRING LAKE ROAD.
MSP (Shelquist- Johnson) to adopt Resolution #730 requesting
Ramsey County to prohibit parking on Spring Lake Rd. between
County Rd. I and Hillview Rd.
Councilman Baumgartner stated he hoped the petitioners on
the east end of the lake realized this resolution means they
can't park in the street. Adm. Achen stated that is what they
wanted, with the restriction on both sides.
PURCHASE OF PUNCH CARD VOTING SYSTEM held over.
STORM WATER DRAINAGE STUDY
MSP (Johnson Shelquist) to extend date for the completion
of the storm water drainage study to June 30, 1976.
5 ayes
5 ayes
Adm. Achen stated Banister -Short would present their preliminary
report at the May 3, 1976, agenda session at 7:00 p.iu.
PROPOSED REVISION OF SUBDIVISION ORDINANCE held over.
LICENSES FOR APPROVAL Adm. Achen read the licenses presented
for approval. (attached)
MSP (Hodges- Baumgartner) to approve the licenses as presented. 5 ayes
Councilman Hodges wondered if anyone had received any comments
on the Bel Rae amusement center? No one had.
BILLS FOR APPROVAL General Account Checks #12322 12395, Payroll
Account Checks #1259 -1263, Payroll Checks #2416 -2453, Transfer
Check #12395 transferring $15,431.54 from General Fund, $1,564.46
from Water, $1,127.10 from Sewer to pay gross pay of April 30,
1976. Total disbursements: $43,542.01.
MSP (Baumgartner Hodges) to approve the bills as presented. 5 ayes
Atty. Meyers stated that included with legal services bill
for March was the bill for the Dumas assessment, for which
we do not have a decision yet.
L I C E N S E S
CEMENT MASONRY new
Bernie Zebro Cement Co.
9740 Avocet St. N.W.
Coon Rapids, MN 55433
GENERAL new
J. C. Robertson Construction Inc.
1844 134th Ave. N.E.
Anoka, MN 55303
PLASTER STUCCO new
Harlan Freund Stucco
Route 1 Box 169
Rogers, MN 55374
SEWER WATER new
Corcoran Plumbing
3040 Sumter Ave. N.
Crystal, MN 55437
-14a-
F O R A P P R O V A L
April 26, 1976
EXCAVATING new
Frank Vorel Excavating
13060 Raddison Rd.
Blaine, MN 55434
HEATING renewal
St. Marie's Sheet Metal Inc.
7940 Spring Lake Rd.
Minneapolis, MN 55432
PLASTER STUCCO renewal
Zimmerman Stucco Inc.
18116 Ridgewood Rd.
Wayzata, MN 55391
AMUSEMENT DEVICES
Jubilee Music addition of 11 amusement devices to present
251 5th St. N.W. license to operate at the
New Brighton, MN 55112 Bel Rae Ballroom, 5394 Edgewood.
-15-
ENGINEER BEARDEN'S REPORT He stated that MSA funds can only
be used for sidewalk construction if: 1. It is part of the
contract that brings that particular road up to State goals
and design standards. 2. If you add sidewalks onto a street
right -of -way where the street is already up to their minimum
standards. This eliminates putting sidewalks on County Rd. I
because it is not up to their minimum standards.
Eng. Bearden stated that unless the County plans to bring that
road up to MSA standards, we can't put in sidewalks; and the
County plans only to upgrade County roads where there are major
problems.
Major Johnson suggested a resolution asking the County to upgrade
the street. Adm. Achen stated that was possible; however, MSA
standards are fairly high and usually the residents of the area
will fight it. Mayor Johnson suggested trying to get a petition.
Adm. Achen suggested a public hearing on the matter.
Councilman Shelquist asked if it would be totally paid for by
the County. Adm. Achen responded it depends on where we fall
on the priorities. Councilman Pickar stated the first step
should be a public hearing.
Adm. Achen noted that the County begins preparing its budget
in June so now is the time to consider this. Mayor Johnson
instructed the Administrator to pursue this further and report
back.
Eng. Bearden presented 1973 -4 Change Order #5 to provide
utilities and surfacing of the cul -de -sac in the White Oak
Estates Third Addition, in the amount of $18,293.59.
MSP (Baumgartner Pickar) to approve 1973 -4 Change Order #5
for an estimate of $18,293.59. 3 ayes
ADMINISTRATOR'S REPORT
Adm. Achen presented a petition for street lights on Ardan
Ave. where it intersects with new streets.
MSP (Hodges Shelquist) to approve ordering the necessary street
lights in the area of the new streets near Ardan Ave. 5 ayes
Regarding selection of a city engineer, the Mayor authorized
the Administrator to follow the proposed schedule of a special
meeting May 6, 7:00 p.m. to review applications and a special
meeting May 19, 7:00 p.m. to interview the three finalists.
Adm. Achen stated that First State Bank of New Brighton had
requested that Council pass a resolution implementing telephone
transfer of funds. In the past payments of bonds have been
made 45 -60 days ahead of due date and the city has lost considerable
interest. This resolution would allow us to make the telephone
transfer the day the bond is due.
-16-
Atty. Meyers stated that legally the treasurer has to make
the transfer. Therefore, the city accountant should be
appointed deputy treasurer and the words "deputy treasurer"
substituted for "accountant" in the resolution.
MSP (Johnson- Hodge to appoint Thomas Tveit as the deputy
treasurer for the City of Mounds View.
MSP (Baumgartner Pickar) to approve Resolution #731 as
amended for the telephone transfer of funds with the First
State Bank of New Brighton.
Adm. Achen stated staff's request to have the Planning
Commission and Council review all previously approved
subdivisions that have not been recorded at the County
within the 90 -day time period. The intent is to allow
the subdivision basically as approved, but to review it
to see that it is up to our current code, perhaps checking
to see that lots are split equally where possible.
MSP (Baumgartner- Hodges) that the Planning Commission and
Council review unrecorded subdivisions and that the reviewed
subdivisions shall be filed within 90 days of the date of
approval.
Mayor Johnson read invitation from the Girl Scouts for this
Sunday's dedication of the Mrs. D. D. Wendt Memorial Fireplace.
Adm. Achen requested the name of a second Councilman to
attend the Duluth Convention June 9 10, 1976. Councilman
Baumgartner will consider.
MSP (Johnson- Hodges) that staff be authorized to issue
check in the amount of $678 before next Council meeting
for Bicentennial Commission's purchase of fireworks.
Attorney Meyers had no report.
Councilman Hodges had no report.
Councilman Baumgartner stated there is a Park Board meeting
April 29 at 6:30 p.m. Local chapter of Senior Citizens would
like very much to have Council members attend the May 3rd
May Day Extravaganza at the Bel Rae Ballroom.
Councilman Pickar mentioned the Human Rights Commission meeting
April 27th at 7:30 p.m. He also questioned a home being built
at 2290 Sherwood Rd. because of a peat bog that is supposedly there.
Adm. will check on that.
Councilman Shelquist mentioned the Planning Commission meeting
April 28th at 7:30 p.m.
MSP (Baumgartner Shelquist) to adjourn at 12:37 a.m.
Respectfully submitted,
M
Cler}t- Administrator
5 ayes
5 ayes
5 ayes
5 ayes