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HomeMy WebLinkAboutMinutes - 1976/05/10PROCEEDINGS 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 May 10, 1976, at 8:05 p.m., at Mounds View City Halms, 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 was out of town for two weeks. MSP (Pickar- Hodges) to approve the minutes of April 26, 1976, regular meeting. 4 ayes CITIZEN COMMENTS REQUESTS there were none. Proposed revision of mobile home regulations ordinance was discussed. Administrator Achen stated that if Council approves of staff recommended changes presented in memo dated May 4, 1976, subdivision regulations Chapter 42 can be adopted. These changes are based upon the Planning Commission's recommendations. They felt that the fee should be significantly higher. The question arose as to whether the state has approved an established method for tie down. Attorney Meyers replied that the Courts have been applying retroactive regulations, so he would say that a tie down provision could be made retroactive. There is nothing wrong with putting it into this ordinance but a reasonable amount of time would be necessary. Councilman Pickar asked if it was correct that the state would control it, but we would require it. The administrator stated that was correct. Councilman Hodges sug stipulating what is going to be required but Admin. Achen said that his staff does not feel confident enough to take on that responsibility. Councilman Pickar stated that he would prefer to wait for a while and get something specific. MSP (Pickar Baumgartner) to table this matter until further study is completed and more accurate specifications put in, i.e. 1) time to convert, 2) types of tie down, 3) check with the state to see if they have anything that is more specific. 4 ayes Mayor Johnson recessed the regular meeting and called to order at 8:23 p.m. the public hearing on the Clara Ford Addition plat. Admin. Achen stated that this has been reviewed by the Planning Commission and they recommend approval of the preliminary plat as presented. The staff recommends approval also. The Planning Commissior.. requested 5 -foot easements on all three of the lots. -2- MSP (Hodges Baumgartner) to approve the Clara Ford Addition as recommended by the Planning Commission referred to as Exhibit A. Mayor Johnson adjourned the public hearing and called the regular Council meeting back to order. Attorney Gerald Frisch, 2350 W. Seventh St., St. Paul, repre- senting Mounds View Square Shopping Center, asked permission for the proceedings to be transcribed by a court reporter. Mayor Johnson replied that it is not the policy of the Council to allow tape recording devices in the Council Chambers. Such devices are deemed to be disruptive to the Council's delibera- tions. The Council has a recording secretary, and the rinutes are available to all parties interested. Mr. Frisch stated that he proposed to have a court reporter present or he would object to being heard on it. The Mayor told him that they would not allow a court report to be present. Mr. Frisch stated that they would not appear in this regard then they will take it by deposition. He wanted his objection noted in the minutes. Mayor Johnson recessed the regular meeting and called to order at 8:30 p.m. the public hearing on Public Improvement Project 1975 -4A. Admin. Achen stated that this improvement began last year as a result of the floods on the property around Mounds View Square Shopping Center. To solve the immediate drainage problem in that area, an emergency improvement under authority of MN Statutes 429 was begun. The ditch was recon- structed and the culverts were lowered in the driveway accesses and under Long Lake Rd. Ramsey County did some ditch recon- struction work on County Rd. I also. The owners realigned their roof so the water flowed off the east side of the building. Some asphalt berming was put around the culvert at the Co. Rd. I access. The project was not completed because of the early snow last year. The property owner originally stated that he would do the project, but then requested that the city do the job. Driveways still have to be resurfaced and the ditch banks stabilized to prevent erosion. This spring the city engineer evaluated what had to be done, but the construction company who was to do it went bankrupt. The Council called for this public hearing, for specifications to be prepared, and bids to be received. The city has received an informal report from Banister and Short regarding the proposed comprehensive storm water management plan. They want to drain this property northwest rather than southeast, using a storm sewer line. Their recommendation was to not encase the ditch unless the highway department absolutely requires it. At such time as the storm sewer line is installed, it may be possible to remove the holding ponds that are at the shopping center now. The staff and the city engineer recommend that the project be reduced in scope to the extent of eliminating the piping. This was discussed with the highway department, which tentatively agrees. -3- Engineer Bearden read the feasibility report of April 26, 1976, to the Council. He then stated that since this report was prepared, he has spoken with the Highway Department. The project has been transferred to the Oakdale maintenance office from the Golden Valley office. They have indicated that it will be acceptable with a slope on the end 3 -1 and the out slope 2 -1. This would bring the out slope almost to the curb of the parking lot and would be somewhat more economical as far as the construction cost and will provide more storage of water. On June 25, 1975, a letter of intent of several items of work to be accomplished was set forth and this was approved by the City, the property developer and the Rice Creek Watershed District. This was not completed. For safety and erosion purposes, it is now necessary to do more in accordance with the Highway Department's recommendations. Mayor Johnson asked Eng. Bearden if he was suggesting that the preliminary cost estimate should now be amended. He replied, yes, a ditch section can be constructed in place of the 18" pipe that was proposed. The administrator asked if we have it officially that the Highway Department is going to approve it. Eng. Bearden replied, no, but he had talked to John Sandell, chief engineer at the Oakdale office, and he indicated on the phone that the 3 -1 slope on the inside and the 2 -1 slope on the outside would be acceptable. Mr. Frisch again objected to the hearing. He stated that there has been a water problem. The record of the Federal Government shows that during 1975 we had unusually heavy rainfall, 35.15 for 1975, while the average is 26.2. He further stated that the area around here has very poor soil. He objected to the shopping center being assessed, and stated that any proceedings that are made tonight to assess is contrary to law. They will seek relief in District Court. He gave his address and stated that he would like to be advised of anything further on this particular matter. The administrator stated that Mr. Frisch had received a copy of a letter inviting the property owner to the April 26 meeting at which the feasibility report was submitted. However, no representative of Paster Enterprises attended that meeting. Mayor Johnson stated that Mr. Frisch's client has not lived up to many things that he has agreed to. Last spring we had a real emergency and some restoration had to be made to some of the neighbors near the shopping center. We have had many false starts, and nothing gets done. Mayor Johnson pointed out that Paster Enterprises was going to construct a drainage pipe and it has not been constructed. Holding ponds were going to be pumped but the city has to call each time they need pumping. Mr. Frisch stated that those were half truths. He does know there is an automatic pump at the present time and they are functioning_ There were originally some problems because of the sand. He felt he did not want to respond to anything as there have been other reasons why they were not done. Mr. Frisch stated that even your engineer says your past plans cannot be completed. We have an extremely delicate ��il problem and it has to be handled differently. Given -4- the opportunity he will respond to each and every allegation. He would like to know the findings so that he can respond appropriately to them. The Mayor stated that he did think that Mr. Frisch agreed that something has to be done with the ditch banks. Mr. Frisch stated that he felt that the problems lie on both sides. On the basis of the report he thought it was contrary to law the south side of County Rd. I doesn't benefit them and that type of assessment should not be assessed against them. They will pick up their fair share. If they are given a plan that is workable they will be happy to do it. We have only 10 acres of land, it may contribute, but it isn't reasonable for the whole problem. It is an act of God once every 20 years. They are happy to cooperate, they want to solve the problem, too, but don't want to pick up the whole tab. The administrator stated that the assessment has not been levied. The city has expended a considerable amount of money and no funds have been received from the benefitting property owner. The citizens of Mounds View's taxes are providing interim financing for these improvements. Engineer Bearden stated that there was a bid opening scheduled for today which was postponed and tentatively scheduled for May 24 at 11:30. We can then modify the plans to have a ditch section in lieu of the pipe section, and open bids two weeks from today. He stated that this will include specifications that are acceptable to the Highway Department. Mayor Johnson asked, to stabilize the ditch banks, how much money are we talking about? Eng. Bearden replied probably about $15,000. Mr. Frisch then stated that they wanted to cooperate but do not want to bear the entire burden. His clients have committed themselves to spending some money, but it is not just us that has caused the problem. If we can't work something out, we will challenge the proceedings. We are willing to participate and hope to be included in all meetings and will be ready at any time to proceed in that way. We want extensive communication between the City of Mounds View and Paster Enterprises. Mayor Johnson asked: What will you do? Mr. Frisch replied that he could not answer that question. He would defer that information to professionals. They will cooperate when all experts are together. We know there is a problem but it isn't exclusively my client's problem. Mayor Johnson asked what do they suggest that we do next. Mr. Frisch replied that more people than just his clients should be required to bear the expense. It is the whole community's problem. Mayor Johnson read the July 11, 1975, letter from Paster Enterprises requesting the city to do the ditch work. He then stated that on July 14, 1975, Ordinance 231 was p.tssed. It was adopted as a result of this letter. His recommendation -5- is that the work which is not done should be completed and finish the project. Atty. Meyers stated that the thing to do under these circumstances is to complete the original project based on the request of the owner. You should do only that which is necessary to complete what you authorized in view of the fact that you have a more long range improvement for that section of the city. If you do not feel that you are in a position to act this evening you may continue this meeting. Admin. Achen stated that the city has expended $9200 so far, and the work done by city forces is not included in this figure. MSP(Johnson- Hodges) that we direct the engineer to go back to the work which was originally proposed last summer and that a review of the work be made, see what has been accomplished to date, and that a proposal be made as to what work needs to be done in order to complete the work necessary to finish the project as originally conceived and have a report ready for Council May 24. Mr. Frisch then stated that he had no objection to the hearing but if you have anything in advance of the meeting we would like communication on it. He intends to cooperate. He further stated that he has seen the result of $9000 and does not think that another $9000 will solve the problem. They will bring their profcccinnalc and offer their recommendations. Ed Paster spoke to the Council regarding Paster Enterprises holding up their end of the bargain, i.e. a first -class operation, hiring the best architects, worked with the Council on the landscaping, cooperated with the overall program. They have made substantial commitments to Mounds View, got the stoplights put in there, done a great many things that were difficult. They would be happy to get rid of that water, they did what they were told to do, all their expensive sod washed into the drainage ditch. However, it is a problem that is total area wide. They cannot be responsible for the overall problem. All they have done is respond to your requests. Just because the problem is not resolved does not mean they haven't cooperated. A roll call vote was requested: Councilman Shelquist absent Councilman Hodges aye Councilman Baumgartner aye Councilman Pickar aye Mayor Johnson aye Motion carried. Mayor Johnson adjourned this public hearing until May 24 at 8:30 p.m. -6- Mr. Frisch and Ed Paster requested that this hearing be con tinu.d another four weeks as Mr. Paster will be out of town on May 24th. Mayor Johnson asked the Council's pleasure. Councilman Hodges stated that he would hate to see it because of the problem with the rain it shouldn't wait until June 14. The administrator stated that if that were the case the earliest we could begin the project would be July. Councilman Baumgartner stated that he was not in favor of any special meetings on agenda nights. Like to have it at a Council meeting with everyone present. Mayor Johnson stated that the public hearing will be continued May 24 at 8:30 p.m. He recessed the special hearing and called to order the regular Council meeting at 9:40 p.m. BOISVERT DUPLEX DEVELOPMENT AGREEMENT. Mr. Boisvert appeared representing Boisvert Builders. Atty. Meyers read the agreement to the Council. Mr. Boisvert stated that he had no objections to the agreement. MSP (Johnson Hodges) to adopt Resolution No. 732 authorizing the Mayor and the administrator to sign this development agreement on behalf of the city, contingent upon receiving a cash bond or corporate surety bond subject to approval of such by the City Attorney. MINOR SUBDIVISION REQUEST OF CHARLES HUTCHENSON FOR PROPERTY generally located at southwest corner of Knollwood /Ardan Avenue intersection. Admin. Achen explained that the individual representing the property owner could not attend. This subdi- vision is based upon acquisition of a parcel of city land in order to provide a total parcel of sufficient size. Atty. Meyers stated that the city acquired that parcel through conveyance of forfeited lands, conveyed for highway and utility purposes. He did not know what kind of a deed they could give. It can be done but the parcel has to be reconveyed back to the state. They can convey it to the people. We don't have to have an appraisal because we will not get any of the benefits anyway. The parties interested should go to the state first and find out under what terms they would be able to get the property. It would be an assistan' to the property owner to grant the subdivision. 4 ayes MSP (Baumgartner Pickar) that the City agree to convey to the state this parcel of land with the understanding that the state will then be free to convey that parcel, less the City's street right -of -way, to the parties involved. Further, that the City conditionally approve the proposed subdivision with the use of this property as recommended by the Planning Commission. 4 ayes Mayor Johnson recessed the meeting at 10:06. The meeting was called back to order at 10:20 p.m. -7- MINOR SUBDIVISION OF GEORGE HERDA OF PROPERTY GENERALLY LOCATED AT 8345 8335 FAIRCHILD AVE. The administrator explained that the Planning Commission has reviewed this and recommended approval. The staff recommends approval according to the recommendations of the Planning Commission which included a 5 -foot utility easement. Anything that has to be deeded is required of the subdivider. MSP (Hodges Pickar) to follow the recommendations of the Planning Commission and approve the minor subdivision of George Herda generally located at 8345 and 8335 Fairchild Ave. 4 ayes PROPOSED REVISION OF SUBDIVISION REGULATIONS ORDINANCE. The administrator stated that this was tabled at the last meeting. The Council has now received proposed revisions of the original draft, where in a minor subdivision a subdivider is now required to have a surveyor's certificate with all of the information that is on the preliminary plat. This change in the ordinance still allows the Council the option anytime it deems appropriate to acquire a subdivision to be platted. The staff feels that this would expedite the subdivision process in those not creating more than one additional lot or covering more than two acres. They attorney has recommended that variances to the ordinance be allowed. MSP (Baumgartner Hodges) that we approve the subdivision regulations as presented with amendments in the memo from the administrator to the Council of May 4, 1976. Councilman Baumgartner stated that he felt that we should add some variance stipulation. Motion was amended to add a new subdivision to 42.15, that subdivision to read: Subdivision 2. Variance. The Council may grant a variance of these subdivision regulations in any particular case where the subdivider can show that by reason of exceptional topography or other physical conditions the strict compliance with these regu- lations could cause an exceptional and undue hardship on the enjoyment of a substantial property right, provided such relief may be granted without detriment to the public welfare and without impairing the intent and purpose of this Chapter. Subdivision 2 in the draft should be renumbered to Subdivision 3. In paragraph 1, the word "variance" should be added prior to the word "exception Paragraph 3 should be amended to include the word "variance Amendment carried 4 ayes A vote on the main motion was requested. 4 ayes -8- LICENSES FOR APPROVAL Admin. Achen read the licenses presented for approval (attached). He also mentioned that Robert W. Raes, 7715 Eastwood Drive, wanted a license to sell Mexican paintings and homemade rugs on the corner of Eastwoo' and County Rd. I and the corner of Highway 10 and Co. Rd. H -2. Further, Delores Saunders has registered an objection to the denial by Council to sell paintings on velvet. MSP (Baumgartner- Hodges) to approve the licenses as printed on the attached list. Mayor Johnson stated that perhaps further consideration should be given to Mr. Teslow's request to sell Mexican articles. Someone comes in and sells flowers and never bothers to come in and ask. Either we are going to deny and make sure others don't get to sell or people that bother to apply should be given the opportunity. The administrator stated that the police have chased off sellers who do not have a license. Perhaps they should also issue tickets MSP (Johnson Baumgartner) that we deny the license request of Robert W. Raes because of the traffic problems that would be created at the two locations at which he is requesting a license to sell the Mexican paintings and homemade rugs. 4 ayes Councilman Baumgartner stated that he has objected before because we have a shopping center that does the same thing, and these peddlers probably undersell them and do not have to go through the routine of the others, but the major problem is the parking problem. Atty. Meyers reminded the Council of their zon-ng requirements all that has to be followed regarding parking situations, lighting, location of signs, etc. BILLS FOR APPROVAL General Account Checks #12397 12461, Payroll Account Checks #1264 -1268, Transfer Check #12461 transferring $15,192.47 from General Fund, $1,145.76 from Water, $1,535.59 from Sewer to pay gross pay of May 15, 1976. Total disbursements: $41,797.46. MSP (Hodges Baumgartner) to approve the bills as presented. 4 ayes ADMINISTRATOR'S REPORT Admin. Achen stated that he recommends Eva Melhouse be appointed a regular full -time employee, as she will satisfactorily complete her probationary period May 12 as administrator's secretary. MSP (Johnson- Hodges) to appoint Eva Melhouse a regular full time employee and her compensation level to be commensurate therewith. 4 ayes 4 ayes -8a- L I C E N S E S F O R A P P R O V A L May 10, 1976 GENERAL CONTRACTORS new David R. Baerg Construction 7030 James Ave. No. Brooklyn Center, MN 55430 Bernatz Shuldheiss Builders 6008 Ashcroft Ave. Edina, MN 55424 WATERPROOFING new National Waterproofing Corp. of MN, Inc. 8736 East Research Center Rd. New Hope, MN 55428 -9- COUNCILMAN HODGES had no report. COUNCILMAN BAUMGARTNER stated that May 27 is the next regular meeting of Parks and Recreation, but that Doug Bryant wants to call this a special meeting to try to get more people to attend and this will be publicized. Further, Jack Shields, tree inspector, had a presentation on tree disease, with some beautiful slides, etc. Only two people came and he was disappointed. They plan to have another in the fall. This should be publicized as it will be very worthwhile. COUNCILMAN PICKAR inquired regarding the logo for the Chambers as to what was decided. Mayor Johnson asked him if he wasn't going to go back and see if he wanted to do further work on it? Councilman Pickar asked what they were looking for do you want me to go back and see if he has ideas? Mayor Johnson suggested a piece of oak and Councilman Baumgartner said that it should be discussed at the agenda meeting. MAYOR JOHNSON stated that last Thursday applications for city engineer were reviewed and it was narrowed down to five people. The administrator said that the interview is set up for May 19 at 7:00 p.m. Mayor Johnson further stated that the city had Clean Up Day and want to thank the Council wives and the other volunteers, i.e. Snowmobile Club, church groups, boy scouts, girl scouts, brownies, camp fire girls, etc. Atty. Meyers stated that he is meeting Wednesday morning at 10:45 with the ground water engineer with an appraisor and an architect to review the building, etc. and make some decisions as to procedure. He will also have the appraisor look at two parcels of land acquired in 73 -4. They should not subdivide but sell the land as is. Further, he has been in court several times on people connecting to sewers, so he feels we should review our procedures on this. He has given a copy of the Dumas assessment to the Council. Also he wants to bring the Council's attention and the Planning Commission's attention to the City of Blaine zoning case everyone assumes that B -2 zoning allows only businesses that serve the neighborhood and the Supreme Court has found that this is not always binding. ENGINEER BEARDEN had no report. Gordon Ziebarth, Chairman of the Bicentennial Commission, said that he had a question regarding the sign does it have to be approved by the Council before they publish a legal ad? Atty. Meyers said that it is the Council's function to advertise for bids. You are talking two weeks from today to get approval. -10- Mayor Johnson said that he could appreciate the time you are putting in on this. Would you have specs ready for next week? Mr. Ziebarth replied that he will make every attempt to do that. Mayor Johnson then set a special Council meeting for next Monday evening at 7:00 p.m. for the purpose of reviewing th final plans and specifications for a new city sign This was seconded by Councilman Baumgartner. MSP (Johnson Baumgartner) to adjourn at 11:15 p.m. Respectfully submitted, p Mark Achen Clerk Administrator