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HomeMy WebLinkAboutMinutes - 1976/06/14A regular meeting of the Mounds View City Council was called to order by Mayor Johnson on June 14, 1976, at 8:05 p.m., at Mounds View City Hall, 2401 Highway 10, Mounds View, MN 55112. Present: Mayor Johnson Also present: Clerk Admin. Achen Councilman Baumgartner Attorney Meyers Councilman Pickar Engineer Bearden Councilman Shelquist Councilman Hodges Councilman Shelquist amended the minutes at Page 6, paragraph 6, second sentence, delete the words "Ramsey Co." and insert in lieu thereof the words "Rice Creek Watershed MSP (Shelquist- Baumgartner) to approve the minutes as amended, of June 14, 1976, regular meeting. 4 ayes 1 abst. Councilman Hodges abstained as he was out of town. CITIZEN COMMENTS REQUESTS A citizen living on Edgewood Drive stated that he had been in a month ago and was wondering if the road plans were completed yet. Mayor Johnson told him they were in the final stages and probably will receive a summarized report the middle of July. Councilman Baumgartner suggested waiting until after we receive the storm sewer plan, analyze it and then make a decision. The remainder of the Council agreed with this. Harry Gum, 7805 Greenwood, asked when the holes were going to be filled in from the shopping center to Hillview. Mayor Johnson stated that the administrator will make a note and look into the situation. Al Felgate, 8045 Fairchild, inquired about his garage as it was supposed to be on the agenda, and the administrator explained that it was removed from the agenda as his request is not covered by existing or proposed city code. The request presented some questions as to whether they should regulate. Mayor Johnson told Mr. Felgate to go ahead and get his permit and bring it before the Planning Commission. He should call the administrator tomorrow and pay his fees and he will be issued his building permit. APPROVAL OF CONSENT AGENDA PROCEEDINGS OF THE CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Mayor Johnson asked that Items 8, 11 14 be removed from the consent agenda. Councilman Shelquist asked that Item 2 be removed as no preliminary plat had been received; unless it went through the Planning Commission last week it is not ready for a hearing. June 14, 1976 Page MSP (Shelquist- Hodges) to approve the following consent agenda items: ITEM 1. Set public hearing on Greenwood Terrace preliminary plat for 8:10 p.m., Monday, June 28, 1976. (Applicant Garnet M. Nelson; general location of property 8300 -8310 Long Lake Rd.) ITEM 3. Set public hearing on modification of Article IV (occupancy limit for elementary /secondary school students) of the Special Use Permit Agreement of Compassion Christian Center, 7901 Red Oak Drive, for 8:30 p.m., Monday, June 28, 1976. ITEM 4. Approve, as recommended by the Planning Commission (5/26/76 minutes), minor subdivision request of Robert W. Bruflodt for two lots generally located at 8346 Groveland (east lot facing Groveland, west lot facing Knollwood). Subdivision approved by Council February 10, 1975, split the original property unequally (west lot 180 feet deep from centerline of Knollwood Drive). Applicant requests that subdivision be revised to split the original property equally (west lot 211.6 feet deep from centerline of Knollwood Drive). ITEM 5. Approve as recommended by Planni Commission (5/26/76 minutes), minor subdivision request of Maurice Jean Shankey to create two lots from existing property located at 8315 Spring Lake Rd. East lot will be 210.1 feet deep and west lot 218.1 feet deep. Five foot utility easement required on back lot line of each lot. ITEM 6. Approve, as recommended by Planning Commission (5/26/76 minutes), minor subdivision request of David C. Fiedler to create two lots from existing property located at 8040 Eastwood Rd. Both lots will front on Eastwood and will be 231 feet deep by 82.5 feet wide. ITEM 7. Adopt Resolution Nos. 736 -740 reapportioning assessments for the following subdivisions respectively: Patrick R. Novak, 8368 Groveland Rd.; David Bissonnette, 8312 Red Oak Drive; Robert W. Bruflodt, 8346 Groveland Rd.; Lloyd Bardwell, 8493 Spring Lake Rd.; and Harvey Melby, 8372 Greenwood Drive. ITEM 9. Approve the following licenses: General Contractors NEW Eigenheer Builders, Inc. 2828 Highway 10 Minneapolis, MN 55432 Fleischhacker Const. Co. 165 Edgewater Ave. St. Paul, MN 55112 B K Builders 5727 Knox Ave. N. Brooklyn Center, MN 55430 Kleven Fence 1600 Edmund St. St. Paul, MN 55104 W. F. Bauer Const. Co. 1655 Stinbridge Ave. Roseville, MN 55113 Robert J. Eckert Roofing 9201 Town Line Ave. Minneapolis, MN 55438 June 14, 1976 Page 3 Excavator NEW Stan Nelson Excavating 4051 Colfax Ave. N. Minneapolis, MN 55412 Masonry NEW Edward C. Lutz 2325 Uplander N.W. Anoka, MN 55303 Sewer Water NEW Raymond Perron Excavating 177 Cleveland Ave. S.E. New Brighton, MN 55112 Blacktopping NEW Fairfax Asphalt Inc. 6699 Ashton Ave. N.E. Fridley, MN 55432 Peddler RENEWAL Minneapolis Recreation Development to sell candy house to house c/o Allan E. Law 2747 Stevens Ave. S. Minneapolis, MN 55408 Proposed duration of license: 1976 ITEM 10. Approve June 14, 1976, bills. ITEM 12. Accept low bid of Computer Election Systems for purchase of A un c hcard voti sy� te.n. u thnrisA Axpenditure of $15,100 of General Revenue Sharing monies to purchase this system including 38 self contained voting booths, 2 precinct ballot counters, and miscellaneous supplies. ITEM 13. Appoint Charles J. Hubbard Public Works Director /Engineer effective June 28, 1976, with an annual salary of $17,500. ITEM 15. Adopt Resolution No. 741, A RESOLUTION LEVYING ASSESSMENTS FOR CHANGE ORDER NO. 3 TO PROJECT 1973 -4 FOR SANITARY SEWER, WATER, STORM WATER DRAINAGE AND STREET IMPROVEMENT OVER A FOURTEEN YEAR PERIOD. This resolution formally certifies to Ramsey County the new assessments on the Ackermann subdivision approved September 8, 1975. No public hearing is necessary, because owner executed an agreement accepting these assessments as a condition of subdivision approval by Council. 5 ayes Item 2 was then discussed. The administrator stated that the Planning Commission denied the request of Charles Hermann, 8360 Long Lake Rd., and Councilman Shelquist asked if the subdivision regulations have been followed. The administrator explained that the applicant indicated that he is not willing to spend the money for a preliminary plat and is uncertain as to whether he should pursue the matter further. It is more of an appeal of the Planning Commission's decision. The attorney was asked to check into it. June 14, 1976 Page 4 Item 11, authorizing issuance of check to B -E Enterprises, Inc. in the amount, of $12,800.20 for final payment of their building addition contract, was then discussed. Mayor Johnson stated that the city attorney is in the process of getting facts about the construction of the city hall, specifically the lower level. From the that Atty. Meyers has consulted there are damages incurred. He feels that final payment should not be made until he has completed his discussions with the consultants. MSP (Johnson- Baumgartner) that the final payment in the amount of $12,800.20 for B -E Enterprises, Inc. be denied until some future date. 5 ayes Atty. Meyers explained that we are in the process of making a determination as to liability, if any. We are getting into the area of potential damages and this is being reviewed and worked on now. A final determination has not been made; the contractor will necessarily be involved, if not by direct action of the city, by some interceding action from one of the other parties involved. At this point it is prudent to retain any monies owed to the contractor. Item 14, resignation of Marcia deLaBruere as Recreation Program Supervisor effective July 31, 1976, the Mayor stated that he accepts the resignation with regrets. She has put in many hours on her own without pay and she has been a real asset to the Recreation Dept. He wants to commend her at this time. MSP (Johnson Pickar) to accept the resignation of Marcia deLaBruere with regrets. 5 ayes Referring back to Item 2, Atty Meyers stated that it is covered under 42.05 of Subdivision Regulations. Before any official action can be taken 15 copies of a preliminary plat must be furnished. That would then be forwarded to the Planning Cam_ -ir±n and within 60 days they would recommend approval or disapprov_1. There would then be a hearing within 30 days after receipt cr the Planning Commission's recommendation. The administrator stated that he only supplied a sketch plan and not a preliminary plat. Atty Meyers said the Planning Commission had acted without preliminary plat so we could set the hearing. Mayor Johnson asked why his request was denied and Councilman Shelquist stated it was because he wanted the lots split unequally. MSP Shelquist- Hodges) that we sr,t the public hearing for Charles Hermann for 8:20 p.m., Monday, June 28, 1976. 5 ayes At 8:30 p.m. Mayor Johnson recessed the regular Council meeting and called to order the public hearing on planned use of General Revenue Sharing Entitlement Period Seven (7 -1 -76 to 12- 31 -76) monies. June 14, 1976 Page 5 Mayor Johnson asked for comments and suggestions from the floor. There were none, so he asked for Council's comments. Councilman Baumgartner stated that items 1, 2 3 should remain that way in priority, #5 should become #4, #6 become #5 and #4 become #6. With the sprinkling system here you can select your sprinkling area it does take time for the maintenance men, but not that much involved in moving hoses. Councilman Pickar stated that he feels strongly about Greenfield Park there was some grass seed there and it didn't take. It is the one park that needs it more than anything else right now. Also he is in favor of leaving *1 as it is, as through the years they have experienced many problems with dogs two companies have worked with it and problems have developed with both, so this is our opportunity to get involved in our own program. He favors leaving the priorities as they are. Councilman Shelquist suggested a new item 4: for about $3,000. We will be hiring a city engineer and in all likelihood he will need equipment. He would like to reserve $3,000 to so equip him. Then item 6 will be moved up to 5, following new 4, and 5 becomes 6. Councilman Hodges asked if we have water problems now regarding sprinkling. Administrator Achen replied, yes, we are breaking records for water usage and if it doesn't rain the public works dept. recommends a sprinkling ban. Councilman Hodges stated that he felt Mr. Shelquist's point about the engineer was good, and otherwise he would go along with the rest. Mayor Johnson stated that 1, 2 3 were fine, he does like the $3,000 for engineering equipment, but he would make item 6, #5 and make item 8, #6. #8 he would amend to read "a water system study" and purchase of land. Gordon Ziebarth, 5150 Bona Rd., inquired regarding item 6. Is it because there may be some legal problems that its priority is being moved, and what does finishing the basement amount to? Adm. Achen responded that what it entails is putting in a false ceiling, tiling the basement public area, carpeting the long room in the south west corner, and putting a wall in there for a director's office and a counter, etc. Mr. Ziebarth asked if there would be enough length for shuffleboard and the administrator replied that the staff had no intention of sectioning it off permanently. From the staff point of view they wanted to keep it open and as flexible as possible. Mr. Ziebarth then asked what #3 was saying and the administrator replied that there are two existing restrooms in the maintenance garage, but they are not designed to be vandal proof. They would make them vandal proof, as much as possible, and install an outdoor public drinking fountain. June 14, 1976 Page Mr. Gum asked if the basement is subject for a lawsuit as of right now. Atty answered that we had to spend extra money to make it useable and costs of making the basement useable in the future, as well as what might deter a willing buyer and a willing seller. We have a useable basement only as long as everything is working. Mayor Johnson asked if the City of Mounds View should be concerned about sprinkling its parks with an automatic sprinkler. Mr. Gum stated that nothing is more miserable than to try to put other utilities or improvements in when you have an automatic sprinkler already installed. Robert Bruflodt asked if water from the sump pump could not be used to sprinkle. Mayor Johnson replied that it is too much water for the basement but not enough for sprinkling. Councilman Baumgartner stated that the sprinkling of the city hall park would also include the two ball fields. The sprinkling heads would be removeable. Mr. Ziebarth asked, regarding #4, does this have higher priority than the sprinkling of city hall and is there a need? Councilman Pickar replied that it has been in the development stage for a long time. There is not a ball field or a skating rink at Greenfield Park and they are so far behind the other parks, this is the place to start a sprinkling s yctcnm_ MS (Johnson Hodges) that we submit the Planned Use Report for the Revenue Sharing monies and that it be as follows: 1. Public Safety /Environmental Protection abatement officer /dog control program $6,500 2. Financial Administration conversion to data processing 9 -12 months operating $7,500 3. Recreation public restrooms remodelling (garage) drinking fountain city hall park $3,000 4. Equipment for Engineering Dept. $3,000 5. Health study water system to determine need for 7th well and filtration plan and purchase of land $13,000 6. Recreation finish city hall basement park dept. offices $6,800 Councilman Shelquist asked what the Mayor's intent is for all of the remaining items. Mayor Johnson replied that they would be put together in a future improvement budget and completed as future funds become available. A roll call vote was requested. Councilman Baumgartner aye Councilman Pickar nay Councilman Shelquist aye Councilman Hodges aye Mayor Johnson aye Motion carried June 14, 1976 Page 7 The Revenue Sharing Public Hearing was recessed and Mayor Johnson called to order the 9:03 p.m. public hearing on Public Improvement Project 1975 -4A, Mounds View Square Shopping Center drainage. Mayor Johnson asked Gerald Frisch to introduce his steno. Atty Frisch stated that she is transcribing his minutes for him for his personal record. Mayor Johnson stated that he would like to call Council's attention to the fact that there is a steno taking notes. The Mayor then asked Mr. Frisch for his comments regarding the report. Further, he asked him if he did not promise to have a response within 10 days? Mr. Frisch replied that, yes, he did; but thought tonight would be an adequate time. Mr. Frisch then introduced Robert M. Gottsacker, 4826 Chicago, Minneapolis, the drainage engineer for the shopping center development, and enumerated his credentials. He stated that Mr. Gottsacker would respond to the preliminary report. Mr. Gottsacker spoke to the Council; he displayed a plat of the shopping center development, revision date 8 -9 -73. He stated that he was asked by the owners to look at the problem and give a report to Council. He has had a survey crew in the ponds. He stated the real problem is who is going to pay for the improvement of the drainage ditch. Last year there was flooding at this intersection. It was reported to be due to the pond and the catch basin. The original design criteria was to hold at a 100 year storm on the site and released slowly. We did obtain a permit and met the requirements. One of the things that caused the problem was just two driveways were cut in, after his relationship with the project was over. Mr. Paster did obtain permits from the state and met with their requirements. The solution for June 20, 1974, was to provide an outlet for the water that was trapped. Unfortunately, the culvert was no more than 6" more than the grade. As plans developed it became apparent it was necessary to lower the culvert to provide better drainage. By lowering this culvert approximately a foot a great deal more work and a great deal more cost was created. This eventaully became the subject of a report of July, 1974. A trench was to be dug which requires much work to make it acceptable to the Highway Dept. What was a simple solution is now very expensive. Council did authorize us to go ahead and there was some discussion about the letter Mr. Paster had written to the Council. Finally on October 29 it was lowered 200 feet to establish drainage out to the east. He went back and checked and the two culverts have been lowered. A very deep ditch will require more expense and the Highway Dept. recognized that with the first major rain storm the curb will be washed away. It is really a storm sewer in there, not a ditch anymore. The really best engineering solution is to put a storm sewer in, which adds another $10,000 to the project. The developer was willing originally to pay his fair share of the costs $6,500. Much different from the $16- 20,000 we are talking about now. The problem does exist, it has been admitted that we may have con- tributed to it. But the solution forced upon us is astronomical June 14, 1976 Page 8 in terms of dollars, 1% of the value of the shopping center to keep the storm water away from one intersection, and he feels that this is getting too severe for him to bear. Adm. Achen asked if he knows whether there is a 100 year capacity on the site now and Mr. Gottsacker replied that he can say positively there is no longer 100. He stated that he was surprises to find that the actual capacity of the ponds is close to their original capacity. The administrator asked what would the cost be to build those ponds as you designed them and Mr. Gottsacker replied that he would have to go back and calculate. He would not venture a guess at this stage. Adm. Achen asked if the erosion problem that is apparent has reduced capacity of those ponds from the original construction? Mr. Gottsacker replied, very little. Adm. Achen asked if it was his original design that 2/3 of the drainage would go to the N.W. holding pond? The reason he asked was because that was what the situation was when they encountered the situation. Mr. Gottsacker replied that the drainage line splits almost into two equal triangles. Looking at the site the split in the parking lots is the same. The big difference is what is coming off the roof. Adm. Achen said that in your original design you d;d not intend to have that ua. rvvi drain off there and Mr. Gottsacker said that it was supposed to be released slowly later after the storm passed. They did not discuss how it would be accomplished. Mr. Paster is willing to pay something for the ditch, the matter of how much is to be negotiated. He does not feel that the benefits received are equal to the number of dollars. Atty Meyers asked what the simple solution was? Mr. Gottsacker replied that the ditch had to be regraded to some degree. In July had they lowered the culvert just some, regrading would probably have solved the problem, as water tends to stand but goes away fast, too. That would have been a reasonable solution. Atty Meyers inquired as to whether the installation of a culvert would release some of the water and Mr. Gottsacker replied, definitely, if installed at the grade there would have been some relief. Adm. Achen asked him that, if in his professional opinion, by not having storage on the roof, by simply installing a curb on that driveway, and providing a straight -line grade, would that relieve all flooding n rth of County Rd. I? Mr. Gottsacker replied that it would not contain the kind of storms experienced in the spring of 1975. Since then the catch basin has been rebuilt, but it was reported that water was backing up from that point. The administrator stated that it had flowed out of the northwest pond to the east. Eng. Bearden inserted that all of the water had flowed off the roof on the north side of the building until the roof downspouts were altered to make it flow off the east side. Mr. Gottsacker stated that originally the developer recognized some sort of problem would exist. We had some discussion of June 14, 1976 Page 9 putting a catch basin in the entrance at County Rd. I. The problem had been considered. Councilman Baumgartner asked, when did you review the highway plans for the ditch and learn there was no culvert under the northwest Highway 10 exit? Mr. Gottsacker replied that he had nothing to do with, installation of the two driveways. He was told by the developer that he had obtained permission from the State Highway Dept. The developer built the ponds the way the Highway Dept. told them to. The administrator asked him if, when he designed the shopping center drainage plan, were Highway 10 accesses included? Mr. Gottsacker replied, no. The traffic pattern was well defined without the two accesses and he didn't think the State would approve the Highway 10 access. Councilman Baumgartner asked if he voiced some objection, and Mr. Gottsacker responded that he was not involved in the implementation. Councilman Baumgartner asked, when you designed your storage capacities for the drainage, was the architect aware of the fact that you were going to store 4" of water on top of that roof? Mr. Gottsacker replied that he worked closely with the architect. Mayor Johnson asked why the storage on the roof was abandoned? Mr. Gottsacker replied that the decision was made after he was no longer involved with the project. I assume the architect and the structural engineer worked together. Mayor Johnson stated that those were the professionals working for Paster Enterprises, and they voiced no concern about it, is that right? Mr. Gottsacker replied, yes. Mayor Johnson stated that the first proposal for work on the ditch was approximately $6,500 and Mr. Gottsacker stated that Mr. Paster had mentioned it and it seemed like a reasonable amount. Mayor Johnson stated that we have in front of us a proposal that you complied on the shopping center drainage what is your recommendation? Mr. Gottsacker replied that he thinks that the pipe ought to be put in because otherwise half of the shopping center parking lot will be lost. Somehow some agreement has to come as to who pays for what. Mayor Johnson asked if "you recommend to the city on behalf of Mr. Paster to put that ditch into a conduit Mr. Gottsacker replied that would be the best solution. Mayor Johnson asked what his recommendation is on behalf of Paster Enterprises to finish that project? Mr. Frisch replied that the problem that exists with water is not the total problem of the shopping center. Can you elaborate? Mr. Gottsacker replied that in his opinion, not all the problems have been from the shopping center. June 14, 1976 Page 10 The administrator stated, you are going to make judgments but you have no idea of the volume of water. Mr. Gottsacker replied that he can see where the problems existed before. It is very flat up here. The volume of water from other areas contributes greatly. Scientific data is not available so this is his personal viewpoint. The administrator responded that the Council did the same thing, viewed the problem, and came up with another opinion, that is, that the shopping center was the major contributor to the runoff problem. Atty Meyers asked who would benefit by the installation of a closed storm sewer and Mr. Gottsacker replied that Paster Enter- prises, of course. Atty Meyers asked if that would help anyone else north of County Rd. I? Mr. Gottsacker replied, no, but all of this was not caused by the shopping center. Atty Meyers asked him if he knew what portion of the work done has been taken by the City. Mr. Gottsacker replied that he had no cost breakdown, but has been told that the City is trying to claim engineering fees and court expenses, etc. The administrator stated that in the $9,200 those items are not included. Mr. Gottsacker responded that Paster Enterprises put in a great deal of money putting in sod, during this Trying to be Y P g g prua: z a good neighbor. Mr. Gottsacker stated that he has outlined the problem and he will defer to the attorney, Mr. Frisch. Mr. Frisch stated that is his response, too. You are asking us to make a response as to what we are planning to do our feeling simply is that it is not our problem alone and that is why we are willing to negotiate. The problem comes about from every level of government participating in this. It is not the shopping center's problem exclusively. Mayor Johnson asked him if he had any scientific basis for his statement? Mr. Frisch replied that you asked for our position and that is what I am giving you that is our legal position. Nothing will be said about the tab for the total costs. The administrator stated that the problem is whether to accept the opinion of the city engineer or whether to pursue something of similar scope it was his feeling that was what Mr. Gottsacker was going to address himself to. Mr. Frisch replied that no matter what you do you are not going to solve the problem. If you are willing to assure us of that, we will discuss it. The administrator stated that even the most sophisticated storm sewer system is not going to guarantee anything. If this were a normal storm sewer improvement it would be different. Mr. Frisch stated that the city went ahead and attempted to make the improvements, changing original plans and specifications this changes everything. June 14, 1976 Page 11 The administrator stated that your own engineer indicated that his original drainage plans were not implemented, and it was not the city's idea to change those plans. Mr. Frisch emphasized that it was done according to the govern- mental agencies. Now you have changed it by lowering the ditch. The administrator asked Eng. Bearden if he had any idea of the cost of those holding ponds? Mr. Bearden replied that he really did not know. The administrator stated that there has been a real argument on the part of the developer that he has spent more than enough, and here is an example where he cut out a significant expenditure. Mr. Frisch asked if, in his experience with public improvement, did he participate in the design of this building the problem here is the same. Surface water in one case, and underground in the other. The administrator stated that he is saying that the developer has done everything he originally promised and I am saying that he did not. Mr. Frisch stated that there is no question that the concrete walls were not constructed. The administrator stated that Mr. Gottsacker testified that, as constructed, it will not hold a 100 year storm. Mr. Frisch said that Mr. Gottsacker had said that the ponds as they were constructed hold the same amount as he originally projected. Mayor Johnson asked, where is he putting the water now that was on the roof? The administrator replied that the drainage has to go somewhere, the plan included storage on the roof as well as two holding ponds. That is only one part of that storage capacity. You have to put it somewhere. What I am trying to indicate to you is that it does not hold a 100 year storm. That is part of the drainage problem, I suspect. We had serious flooding and there had to be a way to handle it. The question was where did that water come from. Mr. Frisch read from the May 24 minutes regarding the Rice Creek Watershed examining the ponds he felt that it provided the full amount as proposed originally 50,000 cu. ft. for each pond. The administrator stated that we are either comparing 100 and 172 or 50,000 cu. ft. and 86,000 cu. ft. Your firm must have access to the information. I presume you have a copy of the Rice Creek Watershed District permit. Mr. Frisch stated that they satisfied the Rice Creek Watershed requirements. Atty. Meyers stated that Mr. Gottsacker designed a 100 year storm. Mr. Gottsacker replied that is what was originally designed. He stated that he is not responsible for any modifications made during construction. He stated that the total site will hold 1.65 acre feet of water (that portion that was directed to the ponds). Administrator Achen asked how many acre feet would the June 14, 1976 Page 12 shopping center produce in a 100 year storm. Mr. Gottsacker stated approximately 4 acre feet. Administrator stated that that means the actual drainage system will store less than half of a 100 year storm. Mr. Frisch asked the status of the city -wide drainage? Atty Meyers said that it is still under study. Mr. Frisch asked how does this particular matter fit into the entire storm water manage- ment plan? Atty Meyers stated that the flow would go the other way the work that was done was emergency. The administrator stated that is why what type of project to pursue is important. Mayor Johnson stated to Mr. Frisch: I would like to refer you to page 10 of the minutes. We asked if you would be ready to respond tonight to specific action to be taken. What do you recommend that we do? Mr. Frisch stated that he broughtan engineer here to respond to the report I have reported that my client will assume only $6,500 of the cost. You have created the problem by digging. I suggest that it is the city's responsibility. Mayor Johnson stated that you are suggested that it is up to our best interests to get the ditch finished up. Mr. Frisch replied, no, I am telling you what our engineers have told us our financial contribution is going to be the $6,500 that is the extent of our response. I never promised you anything else. I responded with the engineer and my client's financial input. Mayor Johnson replied that that was not his understanding. Andy DeGross Long Lake 66 Station. What is going to be done with my driveway from Highway 10 into the station it is not my responsibility when it was torn up because of that deal. The other one is a mess, too. The administrator replied that the Long Lake Rd. driveway will be repaired when Long Lake Rd. is repaired. This has been held off at Mr. Frisch's request. The other is the city's. No action hzs been taken awaiting Mr. Frisch's answers. Mr. DeGross stated }hat it was sodded before, the state reseeded it but it is now weeds. Al Felgate stated that there is a safety hazard to that ditch. Someone will go into it in the next 2 or 3 years and will not come out alive. There will be a lawsuit against someone. Mayor Johnson replied that was very possible. MSP (Johnson- F,helquist) that we close the hearing of the 1975 -4A Project. 5 ayes The regular Council meeting was called back to order at 10:20 p.m. June 14, 1976 Page 13 Mayor Johnson asked Atty. Meyers what the options are at this point. Atty. Meyers cited Chapter 429 the Council is granted authority to install certain improvements, etc. Without arguing the facts, what occurred officially on behalf of the city was on July 11, 1975, when the city received a. request from Don Paster indicating that certain work should be done abutting the shopping center and also indicating that if the city would do the necessary work they could assess back to the shopping center on a 6 -7 year period. Secondly, is the Ordinance #231, moving public health and safety hazards against the Mounds View Shopping Center. It was adopted as an emergency type proceeding. A certain amount of money has been spent by the city enough of the work has been done to alleviate any situations that existed and this spring Council discussed completing or going further. They ordered the engineer to discover what was the most desirable way of completing this project. Eng. Bearden came back with his report that the most desirable way would be to complete,at an estimated $26,000, and assess back to Mounds View Square Shopping Center on the theory that they would be benefitted. The only question now is how much more does the city want to do and that is what this discussion has been about. You can assess against a benefitted property owner costs of improvement: 1. that he is benefitted, and 2. that it increases the market value of the property by the amount of the assessment. The procedure to follow is under Chapter 429. After you close the hearing you have 6 months to determine what you want to order. You can order as much of the $26,000 or any portion thereof. You cannot assess anyone else for this improvement because you have not advertised or noticed anyone else. If it is challenged in the court and the city assessment is upheld that would be valid subject to appeal rights. If it is disallowed, you would have to reassess it on a different basis. Any amounts not recovered would have to be backed up by general taxes. If you abandon this proceeding and want to assess a broader area, you would have to readaertise and renotice all those people who would be benefitted. The only one to assess at this time is the shopping center. What agreements made verbally would not be binding. Mayor Johnson asked Eng. Bearden: Your cost estimate indicates $2,000 for two entrans to the shopping center, Long Lake Rd. and the service station. Was it our intention to patch that back up and assess it to the shopping center? Mr. Bearden replied, "I assume." Mayor Johnson asked if that was also true of Long Lake 66. Eng. Bearden stated that the c_:y was going to do that. Mayor Johnson stated that the intent was then to assess the cost of the bituminous back to the shopping center? The administrator replied, yes, because these roadway and driveway cuts were necessary to lower the drainage ditch in front of the shopping center. The Council was asked for comments; they had none. MS (Johnson- Pickar) that we take the further construction work under advisement and table the matter for the time being. June 14, 1976 Councilm 'Baum gartner stated that this is going to prolong the bla cktop m atting Mayor Johnson replied that the shopping center people h ave surfaced their two entrances.: Councilman Baumgartner replied there is still Long Lake Rd.rand the 66 Station. I really feel that the people that use these and 'own the station are in a predicament. If is anything that we'ca do to get those two particular d surfaced we should do t hat. Councilman Shelquist stated that he agreed with Councilman Baumgartner, He questioned whether we could proceed with the project without advertising for bids? Atty. Me yers stated as l ong as it' is less than $5,000 `formal bids are not re q u ired. Eng. Bearden stated that there is consi derable erosion along surfaci he dit Right at L ong La ke Rd. it cover the culvert. This appene last Wednesday and it hasn't been cleared out yet. This say require some maint until the ditch banks are stab ilize d r whatever is done. C ouncilman Shelquist inquired as to whether P with e hg. Be A roll call vote was called for. Councilman Baumgartner nay Couneil Pickar aye Councilman Shelquist nay Councilman Hodges nay Mayor Johnson aye Motion failed MS (Baumgartner Shelquist) that we order the matting of Long Lake Rd. and the entrance of the Long Lake 66 Station and that berming of the Long Lake Rd. mat be done so that the run off does not go into the westerly edge of the conduit and the project be done by time and material and that the remaining portions of the engineer's report be considered at a later date. Councilman Pickar asked how far before bids would be required and Atty. Meyers replied it would be up to $5,000. A roll call vote was requested. Councilman Baumgartner aye Councilman Pickar aye Councilman Shelquist aye Councilman Hodges aye Mayor Johnson aye Motion carried Item 8 on Consent Agenda. Item 8 was to authorize Mayor Johnson to execute Change Order No. 8 of B -E Enterprises, Inc. contract for municipal building addition. This change order is a credit of $9,171.00 to the city, because the hardware allowance was greater than the actual hardware cost. It reduces the city's contract liability by a like amount. June 14, 1976 Page 15 Mayor Johnson stated that Atty. Meyers indicates that there is no need to hold up on Item 8 and it could be acted upon. MSP (Hodges Baumgartner) to approve Change Order No. 8 of B -E Enterprises Inc. 5 ayes PARENT ADVISORY COMMITTEE, PINEWOOD SCHOOL, request no right on red at County Rd. I and Quincy. The Administrator stated that the police dept. recommended against their request, the Ramsey County Sheriff's office recommended against it; the police dept. met with the principal of Pinewood School and informed him of the reasons and there was basic agreement that there would be no action taken. COMPASSION CHRISTIAN CENTER, INC. request modification of special use permit. The administrator stated that the request was referred to the Planning Commission which will also hold a public hearing on the matter. The attorney recommended that a public hearing be held by the Council before action is taken. He further recommended that a representative from the Center be present. Mayor Johnson requested that the Consent Agenda stipulate the public hearing be held at 8:30 p.m. on June 28, 1976. PROPOSED RAMSEY COUNTY REGIONAL RECREATION BIKEWAY SYSTEM. The administrator stated that the Parks Recreation Commission reviewed it at their May 27th meeting and had no objection. MSP (Pickar Shelquist) to approve the Ramsey County Regional Recreation Bikeway System. 5 ayes The administrator stated that for citizens' information the Bikeway System will go through Mounds View on County Rd. I and Long Lake Rd. ADMINISTRATOR'S REPORT. Administrator Achen stated that the Bel Rae Ballroom requests live music in a tent at their annual Polka Festival, until 1:00 a.m. Saturday, June 19, and to midnight Sunday, June 20. Atty. Meyers said that the Council should get a recommendation from the police dept., but there is no restriction on this. Councilman Baumgartner said that most people in the area are going to be there anyway, and it gets very warm inside. Being able to have it outside would eliminate problems for them. However, he was not sure about midnight on Sunday suggested perhaps 10:00 p.m. Councilman Pickar felt that the attorney had a good point about contacting the police, but that will not give Council an answer tonight. The administrator suggested giving the police dept. some latitude in establishing hours for Sunday. He apologized for not having the department's recommendation on this matter. Councilman Shelquist stated that the dance can go on inside until midnight, but if a police officer was withdrawn they would have to close the whole facility. Atty Meyers said that was correct. June 14, 1976 Page 16 MSP (Baumgartner- Hodges) that we allow the request of Tony Jambor of the Bel Rae Ballroom to permit the outside dancing to 1:00 a.m. Saturday, June 19, and to 10:00 p.m. on Sunday, June 20, and that the police chief shall see that a police officer is at both the indoor and the outdoor dance areas and, if the police chief so desires, that he remove the police officer from the outside dance area at his discretion at which time the outside dance activities shall cease. 5 ayes The administrator stated further that staff has asked Mr. Jambor not to use the park area for parking. "No parking" signs will be placed along the city park. The owner also shall be responsible for cleaning up the debris as a result of all the outside dance activities. Administrator Achen stated that the Scotland Green Apartments have a trailer sign in violation of the city sign.ordinance. The owner has been notified and given until July 1 to remove the sign. The owner requests an extension of the deadline until September 15. If the Council does not act on the request, the staff will grant the extension. Atty. Meyers recommended that Council not take any official action. Councilman Shelquist asked why, in the absence of action by the Council to vary the sign ordinance to allow the violation to con tinue, would the staff not enforce the ordinance? The administrator explained that they are trying to get this type of thing done in as reasonable a manner as possible to get as much cooperation as possible. The concensus of the Council was to abide by the suggestion of the attorney. Councilman Baumgartner stated that on June 24 the final plan for Silverview Park is going to be adopted. Administrator Achen said that the Metropolitan Transit Commission has requested authorization to reroute #28 along Co. Rd. I between Silver Lake and Long Lake Roads. The route presently utilizes Hillview Rd. MSP (Johnson Baumgartner) that we adopt the MTC proposal and reroute bus #28. 5 ayes Further, Admin. Achen stated that the Public Works Superintendent feels that if the droughtcontinues and if we continue to have high usage of the water system, that it would be good practice to follow a sprinkling ban to assure full capacity. He is recommending that the staff be authorized, on his recommendation, to institute a sprinkling ban which would be odd houses on odd days, even houses on even days. MSP (Shelquist- Hodges) to authorize the administrator to exercise his judgment in establishing a sprinkling ban in the event that the water supply is endangered during the drought. 5 ayes June 14, 1976 Mayor Johnson stated that he had received a call about the parking of construction equipment on O'Connell St. Highway 10. He would like to have staff check into this. Page 17 The administrator presented a list of the summer Parks Recreation staff for employment. MSP (Baumgartner Pickar) that we approve the Recreation Dept.'s swimming, playground, maintenance, volunteer and part -time, staff for the summer of 1976 at the wages presented. 5 ayes Administrator Achen explained a pending NSP rate increase for utilities: street light costs will go up $180 per month. 11 -12% in all other electrical utilities. Also the Chapman 2nd Addition final plat has been submitted. This is the plat that involved the removal of a home and a garage. The buildings have been removed and all other conditions have been met. MSP (Pickar Shelquist) to approve the final plat for the Chapman 2nd Addition and have the Mayor and Administrator execute it. 5 ayes Atty Meyers stated that he wanted the record to show that he was returning the deeds to Mr. Sakariason. Administrator Achen stated there was an additional page to the bills for approval MSP (Hodges Shelquist) that we add checks #12584 12603, deleting #12594, to the list of bills for approval. 5 ayes The administrator stated that the next meeting of the Council will be considering a large number of licenses. They have had some problems with one of the applicants the Launching Pad, leaving doors open, etc. This would be the best c.ime to exercise some leverage. If you desire to have him at the meeting he will so be notified. The Council agreed that he should be present. Admin. Achen said that at the last agenda session Council had discussed a weekend retreat to spend some time with organizational development and to discuss long range goals and to improve communi- cations between the staff and Council, etc. This will be August 13, 14 and 15. Also, residents in the area around Jackson Quincy are throwing debris into the ditch and the administrator indicated that there is general debris there. He would like to emphasize the importance of not doincT this as the city is spending money to clean the ditch and the residents should take care in keeping it as clean as possible. COUNCILMAN BAUMGARTNER'S REPORT. He announced that the next regular meeting of the Parks Recreation Commission will be June 24 at 6:30 p.m. and that at 7:30 p.m. on the same day will be the third public meeting on Silverview Park. Also, last week he attended the 1976 League of Municipalities meeting in Duluth and learned very much. Further, he would like to congratulate Mr. Achen on his questioning technique tonight. June 14, 1976 Page 18 COUNCILMAN PICKAR'S REPORT. Thursday, June 3, he attended a meeting with the Youth Services Bureau. This will go into effect July 1. COUNCILMAN SHELQUIST'S REPORT. The Planning Commission is meeting out of sequence with us this month. The next meeting is June 23. Also he stated that he was surprised to see Mr. Frisch's secretary taking minutes what agreement led to this? Mayor Johnson replied that in his opinion it was not too disruptive to the meeting. He hoped that Councilman Shelquist did nc•t feel that it was. Councilman Shelquist stated that he saw a microphone in her purse and everything was being recorded. Councilman Baumgartner stated that we should ask them to furnish us with a copy of the recording. Mayor Johnson emphasized that this was an absolute lack of courtesy. COUNCILMAN HODGES had no report. Councilman Baumgartner also mentioned a motor bike problem. At 5:30 a.m. he had to call Ramsey County to ask them to stop riding at that hour. However, he was not sure what could be done on private property. The privilege has been abused. The admini- strator stated that the owner had indicated that he would be willing to deny permission. Mayor Johnson felt that it was people from outside the city that are causing the major problem. The administrator stated that they may be able to enforce this from a nuisance point of view. Atty. Meyers stated that he would like to see it posted at their expense. Mayor Johnson instructed the staff to take a look at the problem. ATTORNEY MEYER'S REPORT. He said that the administrator stated that the Council is interested in reinstituting bonds for all contractors. There should be a minimum bond of $1,000 and an escalating bond based on the amount of gross work done within the city in a year. MSP (Johnson Shelquist) to approve Ordinance #250, amending the Municipal Code of Mounds View by adding Chapter 60.02, Subdivision 11, entitled Bond. Atty Meyers also stated that he has received deed forms regarding the reconveyance of Ardan Avenue but needs the legal information. Then he will convey the property back to the state. ENGINEER BEARDEN'S REPORT. The Improvement Project 1973 -4 final estimate has been submitted. The original contract was $979,430.49. Change orders 1 -6 added $27,090.01. Final estimate of construction costs was $983,091.11; $23,400 less than the contract cost. Payment check #12595 represents final payment except for $5,000 which was retained for maintenance items in preparing the final estimate for the items of work that were not in the proposal. 5 ayes June 14, 1976 Page 19 MSP (Pickar- Hodges) to approve Change Order #6 in the amount of $482.40. 5 ayes MSP (Baumgartner- Shelquist) to adjourn at 11:55 p.m. Respectfully submitted, Mark Achen Clerk Administrator