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HomeMy WebLinkAboutMinutes - 1976/08/23PROCEEDINGS 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 Pickar on August 23, 1976, at 8:05 p.m., at Mounds View City Hall, 2401 Highway 10, Mounds View, MN 55112. Present: Mayor Pickar Also present: Clerk Admin. Achen Councilmember Shelquist Attorney Meyers Councilmember Hodges Engineer Hubbard Councilmember Baumgartner Councilmember Rowley Councilmember Hodges amended the minutes at Page 9, paragraph 6, third sentence, change "Mayor Hodges" to Councilman Hodges. Councilmember Rowley amended the minutes at Page 6, paragraph 5, change "Councilwoman Rowley" to Councilmember Rowley. MSP (Baumgartner Shelquist) to approve the minutes as amended of August 9, 1976, regular meeting. 5 ayes CITIZENS COIRENTS REQUESTS None. APPROVAL OF CONSENT AGENDA MSP (Shelquist- Hodges) to approve the following consent agenda items: 5 ayes ITEM A. Set public hearing on Bronson Oaks preliminary plat for 9:00 p.m., Monday, September 13, 1976. ITEM B. Set public hearing on Ernest Gustafson special use permit request to develop 20 townhouses in Greenfield Addition Plat 2, Block 3, which is zoned R -1, for 9:15 p.m. Monday, September 13, 1976. ITEM C. Adopt Resolution No. 753 approving Dalberg's Sunnyside Estates final plat which meets the Equirements established by the Council in approving the preliminary plat on July 26, 1976. ITEM D. Appoint Vicki L. Ash to the position of clerk- typist at $3.00 /hour effective August 23, 1976. This action voids Councils July 26, 1976 appointment of Kathy Harvey, who did not accept the position. The position is to be funded 751 by the city's CDBG grant and 25% by the General Fund (ace 2650). ITEM E. Authorize city participation in the Minnesota Votingest City Contest sponslred by the Secretary of State's Office. Prizes will be awarded for best registered, votingest, most improved registration, and most improved voting city in the November General Election. ITEM F. Authorize location of a street light near 2081 Hillview Road in response to a petition of citizens in that neighborhood. August 23, 1976 Page 2 ITEM G. Approve, as recommended by the Planning Commission (7/28/76 minutes), minor subdivision request of Lee Stauffacher to create two lots from existing property located at 8290 Red Oak Drive. The east lot fronting Red Oak Drive will be 80 x 239 feet with a 19 foot utility easement along the rear lot line. A drainage plan, as requested by the Commission, has been submitted and approved by the Public Works Director and Inspection Department. Develop- ment and recording of the property shall conform to the drainage plan as approved. ITEM H. Receive the 1977 staff proposed city budget. Set public hearings on the, budget for 8:30 p.m. Monday, September 13, 1976, and 7:00 p.m. Monday, Seztember 20, 1976. Set special City Council budget work session for 7:00 p.m. Thursday, Auguat 26, 1976, and 7:00 p.m. Monday, August 30, 1976. ITEM I. Aut'horize.Publiz Works Director Hubbard to attend a National Lea ue Of Cities one day workshop on the new Public Works Employment Act of 1976 in Chicago September 2, 1976; expenditure to be from account 2660. ITEM J. Approve the following licenses: Masonry new Ted Golla 1934 E. Minnehaha St. Paul, MN 55119 Sewer Water new Mickelson Plbg. Co. 16121 Ramsey Blvd. N.W. Anoka, MN 55303 Htg. Air Cond. renewal Ideal Heating Air Cond. Inc. 3116 Fremont Avenue N. Minneapolis, MN 55411 General renewal AA -1 Builders Supply, Inc. 704 E. Larpenteur St. Paul, MN 55117 General new Brunn Construction 509 4th Avenue N.W. St. Paul, MN 55112 Nedegaard Const. Co., Inc. 111 45 Avenue N.E. Minneapolis, MN 55421 Mohawk Roofing 3715 Longfellow Avenue S. Minneapolis, MN 55407 ITEM K. Approve August 23, 1976 bills. MAYOR PRESENT COMMENDATIONS TO 1976 VOLUNTEERS IN THE PARKS: DEBBIE STICKNEY, LISA STAUFFENECKER, MARY PARKER, CATHY GERNER AND KAREN SCHOWALTER. Mayor Pickar explained that three years ago the parks director started a system using volunteers in the parks and some of these volunteers work as many as 30 hours per week. Doug Bryant, Director of parks and Recreation, stated that there were five VIPs, or Volunteers in Parks, this year. These are very important persons because they worked 30 to 35 hours per week for seven and one half weeks in the park system. These volunteers contribute greatly to our program. Mr. Bryant then presented commendation awards to Karen Schowalter and Debbie August 23, 1976 Page 3 Stickney. The other three volunteers :-.re Lisa Mary rarker and Cathy Gerner. ORDINANCE .NO. _253 AMENDING CHAPTER 81.02, SUBDIVISION 4, ENTITLED "PARKING, IMPEDING TRAFFIC" OF THE MUNICIPAL CODE. Attorney Meyers stated that he had made a few changes to the amendment prepared by Administrator Achen which would make it easier to enforce. This way the englneer must certify when two inches of snow has fallen in the City and then a snow emergency is declared. This would help us if anything went to court. Attorney Meyers then explained the problems that the City is now having with the current ordinance. Mounds View does not have the media available the way Minneapolis or St. Paul does. Attorney Meyers stated that the Council may also want to discuss a towing provision. Councilmember Shelquist asked if the Police Chief felt a towing provision was neces- sary.. Adm. Achen stated the Chief hoped the proposed ordinance as worded would be adequate or at least better than what we have now. It should help with the people that know about the ordinance and violate it anyway. It is expensive for the City to have the County come back because of a snowbird. Councilmember Shelquist stated he felt towing was necessary and if we are going to change the ordinance we should include the towing and cut down on the snow removal costs. Councilmember Hodges stated he would go along with the ordinance presented with the removal provision. He felt there should be some place for these cars to be stored. Councilman Hodges questioned if it was necessary to go this far. Attorney Meyers stated that it will be difficult for the person who comes out in the morning for work and finds his car gone and it will cost $15 to $20, but then you must plow the streets too and cut down costs. The Council must decide what is fair. Administrator Achen stated that Chief Grabowski had not seen the ordinance yet, but he had surveyed the other communities. This proposal is more con- servative than the Roseville ordinance. Councilmember Hodges stated he would go along with the ordinance if it is what Chief Grabowski and the Staff wanted. Lois Lestina, 6939 Pleasant View Drive, asked if the plowing could be done by north -south streets on odd days and east -west streets on even days. This way the citizens would know when the plowing will be done. Councilmember Baumgartner stated the City does'not have any snow removal equipment and must rely on the County. Councilmember Baumgartner asked what the penalties were. Attorney Meyers stated that it was a misdemeanor, but the court would probably consider it a petty mis- demeanor with a maximum fine of $100. Attorney Meyers stated that the violator would also have to pay a towing fee, so they would probably complain to the city hall about this and also about real or imagined damages. Councilmember Baumgertner stated he would like to leave the amendment as it is and hope the judge does not suspend the sentence rather than get involved in storage fees and claims for damages. August 23, 1976 Attorney stated that the people that have to a judge and miss work will not want to do it again. Pleasant View Drive, stated if you get three inches would not know to move your car and you would get a Achen stated that the County does their roads first in Mounds?' View until about noon so the ordinance wou this time. come down to court before Mr. Bob Lestin 6939 of snow by 3:30 a m you is trator so th o uld not be lved until stated this ordinance may be what it takes to have people park in their driveways. Adm. Achen stated that it was not necessary to act on this tonight so it may be held off until the next meeting after the Police Chief has seen it. Page 4 Councilmember Rowley stated a safety factor is involved with snow being left in the street and the extra cost to the City in having the plow come back to clean it up must be considered. She was in favor of tabling this and looking into the possibility of towing. Mayor Pickar stated since the Police Chief has not seen this yet the ordinance could be held off. It has to be changed into something enforceable. MSP (Shelquist- Hodges) to table this matter until the next meeting and in the time the Administrator will discuss this with the Chief of Police and look into a means of providing a towing service, if necessary. Councilmember Baumgartner suggested the Administrator also find out the storage fees, towing fees and reclaiming fees and how damages are handled. 5 ayes! At 8:35 p.m. Mayor Pickar recessed the regular Council meeting and called to order the public hearing on Wilbert Johnson appeal of Planning Comm's decision to_ deny variance for oversized accessory building. Mayor Pickar stated that Wilbert Johnson, 6953 Pleasant View Drive, requested variance of the 145 square feet accessory building limit to erect a 216 square feet accessory building. The Planning Commissbn considered the request at its June 9 and 23, 1976 meetings. The Commission denied the request on a split 3 -3 vote at the first meeting, then tabled the matter until June 23. On the 23rd the Commission again denied the request by a 6 -0 vote. Mr. Johnson stated that he had decreased the size of the proposed garage from 15' x 19' to 12' x 18'. Councilmember Shelquist stated this request, as any request from citizens who are trying to provide additional storage and security for their property is hard to turn down but there is already an oversized garage on the property. The Planning Commission did discuss increasing the size of this building but felt there was adequate storage already provided. While the intent of the current occupant of the house is probably good and honest there is a situation in Mounds View where realtors are selling property and they do say that you can go into business there. He felt there was adequate storage and the request should be denied. issue variances but they Page 5 Councilmember Hodges stated that after looking at the property and how well kept the property is with no neighbors and a large lot he felt it is better to get, proper storage instead of leaving the equipment out. He looked at the boat and it has to be this large of a building to house it and still be usable. He would go along with the variance, in this case. Councilmember Baumgartner stated he felt the problem is that when Mr. Johnson went before the Planning Commission he said he was going to put a garage door on the building. Mr. Johnson has a beautiful Yard and has equipment that could be in the accessory building. Councilmember;saumgarfner stated he would go along with the variance to give Mr. Johnson storage area for his equipment. Administrator Achen stated that the Council does overturn the Planning Commissions' decision. Councilmember Rowley stated that she looked at the property to see what was on it. The City does have an ordinance for a specific purpose but Mr. Johnson was asking for a variance for a logical reason. Councilmember Rowley wondered how the neighbors felt. Councilmember Rowley felt that with the property it is on and the intent, she would favor the building being erected in this instance unless the neighbors are strongly against it and felt it would be an ugly site on the property. Sandra Shackle stated that she has nothing against this building at all. Johnsons' 'yard is always clean and with the equipment you need to keep up the property and the large yards you have to keep them under lock and key. Lois Lestina, 6939 Pleasant View Drive, stated she lives next door to the Johnsons and she is concerned about how many buildings are going to be allowed on one property. This is the second variance that has been asked for. Mrs. Lestina stated that they asked for a two car garage but Would to tear down their existing garage first. She wondered if this proposed building would fall to disrepair if the property is sold. Mrs. Shackle stated that it is easier to keep up a large building than several small ones. It is much neater and easier to get access. Leon Godeke, 6942 pleasant View Drive, stated that Mr. Johnson really keeps up his yard and uses his equipment a lot. The proposed building is way in the back so it will not hurt anybody's property. Mr. Lestina, 6939 Pleasant View Drive, stated that Mr. Johnson had already received one variance to shelter a boat. Mayor Pickar stated that in 1973 there was an addition to his garage, but it does not state that it is for a boat. Lois Lestina stated that she would rather see Mr. Johnson add onto the back of his existing garage instead of having a lot of separate buildings. She stated that they would like to put up a building. because they have not been able to use their garage for a garage but they can only do this if they tear down the existing garage. Carl Beaurline, 6929 pleasant View Drive, stated that the issue here is regarding the person presently living on the property. There are rules, but there is also the safety and security of the persons property. He August 23, 1976 did not see any safety or health problem or any overriding factor why this request should be refused. Councilmember Shelquist asked If the 'dente felt Mounds View ahould h any regulations about the size of the out buildings people are Allowed. Mr. Godeke, 6942 Pleasant View Drive, slated that it makes a difference of how they take care of the buildings and what they will be used far. Council' member Shelquist asked how they would deny the next one lf'they grant this request because the land looks nice. Mr. Godeke stated that this is the Councils job and the Council meet make that decision. Administrator Achen stated that there must be some obJective criteria to decide when and where such oversized buildings should be allowed which is fair to all citizens Codeke stated that there was nobody behind Mr. Johnson's property. Administrator Achen stated that the City also gets complaints from new residents that build in an area where there are several out buildings that were Completely' hidden before. Alvin Pederson, 6970 Pleasant View Drive stated that it is a residential area so if anybody moves in and wants to use it for something else can be stopped. Mayor Picker stated that this was correct. Councilmember Shelquist stated that there were a number of businesses working out of garages such as car repair, welding and refinishing businesses. Councilmember Shelquist stated that the ordinance *ill not necessarily protect you because it does not protect these. Councilmember Baumgartner stated_ he takes exception to this and asked Councilmember Shelquist to put these businesses in the minutes and have the Police Department work on it. He stated that he lives in the same City and does not see this. Mrs. Lestina stated that she knows of several businesses operating in garages and money is exchanged. She was told that if the business is contained in one room it was alright. Councilmember Baumgartner stated there are certain exceptions to this ordinance and then reviewed several of them. Councilmember Shelquist stated that a year ago the Planning Commission had three requests for oversized buildings. After alot of consideration the Council increased the limit from 724 square feet to 864 square feet which provides a three car garage. At that time the Planning Commission stated, and the Council agreed, that we would not grant variances. If a resident Joan Godeke.stated that it was not fair to punish someone else because of this. Mrs. Lestina stated that they need storage area too. Councilmember Baumgartner stated that you can not have two garages on one property. Attorney Meyers reviewed the ordinance concerning garages for Mrs. Lestina. Mayor Pickar stated that the Council invites the neighbors and holds public hearings on these requests because each one has to be weighed individually. He is in favor of granting the request because of the lot tapers down into some low property and there are some large trees on the lot. Mayor Picker stated that Mr. Johnson was not trying to get additional storage space with this proposal because it is a 17' boat. August 23, 1976 wanted to build a second garage they had to reduce the door to a size too. small for a car. Mayor Pickar stated that he could, appreciate the problems that the planning Commission has but each item must be decided separately. MSP (Pickar- Hodges) to overturn the Planning Commissions' ruling and grant a special use permit for the construction of an accessory building of 216 square feet pursuant to chapter '40.03, Subdivision 4, Paragraph.4, to Wilbert Johnson. A roll call vote was requested. Councilmember Shelquist nay Councilmember Hodges aye Councilmember Baumgartner aye Councilmember Rowley aye Mayor Pickar aye The Wilbert Johnson Public Hearing was recessed and Mayor Pickar called to order the regular council meeting at 9:12 p.m. Councilmember Shelquist stated that since there. was no hardship involved, the oversized building should not be allowed. He felt that some other citizens should not have to pay a fee to get something that is granted to someone else. MS (Shelquist- Baumgartner) to direct the attorney to perpare an amendment to revise the zoning ordinance to increase the size of accessory buildings to 216 square feet. Councilmember Baumgartner stated that it would be nice for extra equipment to be stfared inside. He felt that the Planning Commission should look at this and make their recommendations. Councilmember Hodges stated that he has a small ldt and his garage is only 18'•x•20' so he would like a bigger building too for the trailer and snow- mobile. Everyone has a different reason for wanting this. Councilmember Hodges stated he would agree to this. Councilmember Rowley stated she sees the need for larger accessory buildings but we must be careful someone does pot "come "in soon- and want a 250 square foot building and the Council is faced with another decision. She is com- fortable with 216 square feet but does not want to see an accessory building larger than 12' x 18'. Mayor Pickar stated he feelsthe same as Councilmember Hodges, but felt the Council should request comments from the Planning Commission. Page Motion Carr Attorney Meyers stated that the problem with getting urger buildings is that they are getting closer to a garage. The ordinance does not define an accessory building, but it would not take much to change a 12' x 18' building into a garage. Attorney Meyers suggested that the definitions be changed too. He reminded the council that it will take a four to one vote to change the zoning ordinance. Attorney Meyers also stated that a garage door is not defined in the ordinance. August 23, 1976 Page 8 Councilmember Rowley suggested that a percentage basis be used. She does not want to see all maximum buildings on a mimimun sized lot. A roll call vote was requested. Councilmember Shelquist aye Councilmember Hodges nay C ouncilmember Baumgartner aye C ouncilmember Rowley aye Mayor Pickar nay MSP (Pickar Baumgartner) to direct the Administrator to ask the Planning Commission to prepare a report' to "inform the' attorneir Of their'-thoughts are. 5 ayes ORDINANCE NO. 254 AMENDING CHAPTER 43, ENTITLED "MOBILE HOMES" OF THE MUNICIPAL CODE Administrator Achen reviewed the proposed amendment. He explained that all new mobile homes must have tie downs and all existing homes will be required to have them within a year. The State does not require them but they do have recommended procedures to install them. It is up to each community to require them. There are several different types of tie downs depending on the soil. Engineer Hubbard stated that if a mobile home owner puts in tie downs that are something other than what the State recommends it is a misdemeanor. There are several bulletins on various methods of using the tie downs. Councilmember Baumgartner questioned the outcome if a mobile home owner comes in to get a permit to tie down his home in a particular method, the engineering staff says yes, and then in the first wind storm his home blows over. Could the owner come back and say that the City is at fault. Administrator Achen stated that the City is assuming the same kind of liability as when other building permits are issued. Engineer Hubbard stated that the cost would be around $300 to meet the Minnesota standards. Discussion of different methods. Motion carried Councilmember Hodges stated that he had become involved in a program concerning this and there will be a trailer at the state fair to describe these tie downs. They will promote these methods. Engineer Hubbard stated that Roseville, Arden Hills and Coon Rapids require tie downs. Mr. Jim Dahlager, 2221 Dickens Lane, stated that the insurance companies will not insure tie downs because they consider an overturned trailer from a wind storm as an act of God. Whenever there is a wind storm or tornado warning, the people in the mobile home park where he lives go to the laundry building or the Mermaid Supper Club who have opened their doors to these people. Mayor Pickar stated that there is a peace of mind in knowing that the trailer is tied down and will stay there during a storm. Mr. Dahlager stated that they could not afford a home so they got a trailer and it would be a financial burden to tie his trailer down. August 23, 1976 Administrator Achen explained that in May of 1975 there was slot of damage in a mobile home, park and there were some, people still in the homes when the storm hit. This coati the City a lot of money because of these tipped trailers. It is hoped that on the adoption of, this policy the tie downs will reduce the costs, damage and insurance. Administrator Achen spent many hours after the May storm, acting as liason between the home owners and national insuranc companies. Because there was about 90% coverage by the insurance companies Mounds View could not obtain federal aid. The building permit for the tie downs would be about $20 or $30. Councilmember Shelquist asked if the location of the tie downs was standard on all of the mobile homes so that concrete slabs could be sunk and the mobile home attached to them. Engineer Hubbard replied that the manufacturers of mobile homes must provide locations for tie downs and these locations must be certified by a state inspector that they are in the proper location. Mr. Dahlager stated that depending on the size, they are in different locations. Mr. Dahlager stated that out of the 274 homes at Towns Edge Trailer Park only 30 are tied down. Most of the people look at it from the financial end, especially when there is no insurance break. He suggested that the park owner provide a shelter rather than putting the burden on the home owner. Mayor Pickar stated that a shelter located away from the home may not be the answer either. Discussion. Administrator Achen stated that perhaps something could be worked out that could be compatible to most homes and could accomodate several trailers without changing the ground support system. The park owner could be mdse responsible for the ground attachments and the home owner responsible for the attachments to the ground support system. Councilmember Shelquist stated that you can assume that some of the trailers in the May storm would have remained on their foundations with tie downs. He felt tie downs should be required. Councilmember Shelquist stated that he was concerned with having the trailer home owner bearing the entire cost, but basically iwe should'prdceed to go ahead with an ordinance to require them. Administrator Achen stated that they could look into something that would require the park owner to provide some type of ground anchoring and the crailer owner would have to provide the attachments to the ground support system which exists. Mr. Dahlager stated that the homes usually have an auger type of thing that is anchored in the ground. Engineer Hubbard stated that this would depend on the type of soil. Administrator Achen stated that the staff could go back and look at the recommendations from the state and what would be appropriate for Mounds View. Page Mayor Pickar stated that he felt a tie down system was necessary and suggested that the Council get more input from mobile home owners. Councilmember Shelquist stated that he had no objection to this, but the Council would probably hear the same thing that Mr. Dahlager has said. August 23, 1976 Mr. Dahlager stated that he was talking tis the park manager *lb mentioned this matter. Mr. Dahlager then called the City Hall to find out when ithe meeting would be. Administrator Achen s t a t e d he sent letters to all of the mobile park owners and managers with a copy of the ordinance and then`anothPr letter when the council postponed action. Basically, the letters of response stated that they did not feel ft was- it. Mr. Dahlager had no personal objections to tie downs and stated that Indiana requires tie downs by state law. The home owner bears the entire cost in Indiana where they use the auger type of tie down. Councilmember Rowley downs are a must. There are restrictions on single family homes too. MSP (Pickar- Rowley) to delay this matter until the Administrator looks at the pobbibility of a plan and report to the Council. 5 ayes. The meeting was recessed for ten minutes at 10:10 p.m. The meeting was reconvened at 10:20 p.m. Page Mayor Pickar stated that Mr. and Mrs. Plasch were present. They got a lot split but it was not done exactly as they wanted it. Councilmember Shelquist reviewed this case and stated that the planning Commission felt they had to go along with the even lot split. Mrs. Plasch stated that they would go along with this under protest because they would like to take the other portion of the lot back. The plaschs will deed that portion over to their son. Mr. Plasch stated that he went ahead and had it surveyed with the split in the middle of the lot. They wanted an uneven split. Mr. Plasch stated they got a letter stating that the uneven split was approved, but at the next meeting it was denied. Mayor Pickar explained why they would rather split lots in the middle. Cbun stated that the letter should not have -been sent and'once:..again reviewed the proceedings of-the planning Commission. Mrs. Plasch asked if they needed anything else from the City. Attorney Meyers stated that a copy of the minutes should be sufficient. Mrs. Plasch asked that the minutes reflect that they are accepting under protest and feel they are being denied their rights since they have been paying taxes on the property all these years and still could not get the split they wanted. REVENUE SHARING ACTUAL USE REPORT FOR ENTITLEMENT PERIOD 7, JULY 1, 1975 THROUGH JUNE 30, 1976. Administrator Achen stated the City must report to the Federal Government how they will spend the actual money. MSP (Baumgartner Bodges) to authorize the Mayor to sign the Revenue Sharing Actual Use Report. 5 ayes. APPLICATION OF GORDON BOGGS, SALES MANAGER OF SOUTHWESTERN PUBLISHING CO. FOR PEDDLERS LICENSE TO SELL BOOKS DOOR TO DOOR FROM AUGUST 24 TO SEPTEMBER 7, 1976 Mayor Pickar stated there was no one present to represent this application. August 23, 1976 Administrator Achen received complaints from some residents because this person was not licensed. so Mr. Boggs came in and made application for a license. The home office is in Tennessee. The company uses college students and transports ground the country selling books. Mr. Boggs was working in New Bri7t.l n without a license but it was determined that he did not need a license because he was from out of state. He was selling books at 8:00 a.m. in New Brighton. MS (Picker- Hodges) to deny the application of Gordon Boggs, Sales Manager of the Southwestern Publishing Company, for a peddlers license. Mayor Picker stated that if Mr. Boggs was interested he would be present to present a case. Mayor Pickar stated he did not know enough about his company and selling habits to approve it. He can reapply and present his case. Administrator Achen stated the company has a• satisfactory record with the Better Business Bureau since 1868. A lady stated that Mr. Boggs came to her house and said he had a "terrific product for preschoolers She asked him several times what his product was and he replied that if whe was interested she would ask him in. She stated that she was hesitant to let someone in if they would not show what they were selling. 5 ayes ADMINISTRATOR'S REPORT. Administrator Achen stated the next agenda session falls on Labor Day. Councilmember Shelquist suggested it be used as a budget session. Councilmember Hodges stated he would just as soon meet on Monday, the 31st and the 2nd. Councilmember Baumgartner suggested meeting on the 30th and 31st and not on the 2nd because it is a long week -end and some people will be our of town. Councilmember Rowley stated she would be about 30 minutes late on the 31st. Mayor Picker suggested that the Council definitely meet on the 30th and 31st and as a last item on the agenda of the 31st, they could set the next meeting date. Council- member Hodges stated this would be fine with him. Administrator Achen mentioned the letter from the Irondale Basketball Association which speaks well of the park and Recreation Director. Administrator Achen stated that on March 8, 1976 the Council gave a conditional special use permit to a developer of an indoor tennis court facility south of Highway 10 and no.`h of Silver Lake Road. Administrator Achen sent a letter to the developer requesting plans but has not received an answer yet; Administrator Achen has received calls from residents who are concerned with what is going on because they have paid money to the developer. Administrator Achen recommended that the council revoke the special use permit or set a date as a dead line for his response. The developer can reapply should he desire to pursue it after the deadline. Attorney Meyers suggested that a registered letter be sent indicating what the City plans to do just for due process. Attorney Meyers explained that since people have paid in some money the Council should go on some kind of record giving the developer ample notice that the Co:;rcil will take action. MS(Pickar- Hodges) to direct the Clerk- Administrator to send a registered letter to Roland Miller, informing him that action will be discussed at the meeting on September 27 with the possibility of revoking his special use ^,ugust 23, 1976 Page 12 permit and he may want to attend this meeting to show cause why it should not be revoked. 5 ayes Administrator Achen suggested that Mike Burmis, 2668 Ross Place, White Bear, be appointed as noise abatement officer effective August 30 at $3.50 per hour for animal control. He is a college person so he will be able to work full time in the summer. MS (Rowley- Hodges) to appoint Mr. Burmis as community service officer on a regular part time basis effective August 30 at $3.50 per hour. Administrator Achen stated they are negotiating with Minor Ford and White Bear Dodge for a truck. Councilman Shelquist suggested that a job description be drawn up. Administrator Achen stated he did not want this position to be part of the union negotiating under the Police Department. 5 ayes Administrator Achen thanked the Mounds View League of Women Voters for their help with the required registration hours. Without their assistance the City would have had to pay time and one half to the staff. Administrator Achen stated that he is having a difficulty with polling places because the schools have taken the position that they can not alter their programming to allow our voting. The City can only use the hallways at Edgewood for the primary and maybe some gym area for the general election. Only the hallways can be used at Pinewood too. Red Oak School will provide a special room. Administrator Achen stated there seems to be a split policy as to who gets b_ g,...., .--m. be.... Brighton is allowed ample facilities and Mounds View is not. The election can not be conducted in the Pinewood School because after the booths and tables are set up you can only get one person through it. Discussion. Councilman Shelquist stated he felt a school was a legitimate polling place and the City should go as far as the school board to get a ruling to use the facilities. Councilmember Rowley stated that the Citys request was reasonable and it is a state law that you can not vote in a hallway. Mayor Pickar• suggested that the Administrator talk to whoever he might want to and also say that it is a good experience for children to observe the voting process. Administrator Achen stated that there is only one democrat election judge in Precinct #4. The council can not appoint anybody now so the election judges will have to appoint somebody on the day of the election. Administrator Achen will appoint them himself in advance and then the election judges will reappoint them on the election day to make it official. ATTORNEY MEYER'S REPORT. A notice for the vumas assessment hearing has been prepared. It includes the same amount as assessed previously, but the council will make the final decision as to what they want to finally assess. A copy of the assessment roll should be available in the Clerk's office. At the assessment hearing Attorney Meyers suggested that the City offer to convey the strip of property along the road to the Dumases. The notice will appear in the paper on Thursday. August 23, 1976 Page 13 Attorney Meyers reviewed the law on indebtedness certificates and stated that he saw no problems with it. He then reviewed the Kollis vs the City of Bloomington case. Attorney Meyers stated he responded to the Fuller letter and will leave a copy of the letter at the office for the file along with the connection charges resolutions. Attorney Meyers stated he has prepared a contract agrement with Rosenquists and will leave the original and a copy with the staff. the contract approves a plat creating an outlot. Attorney Meyers then reviewed the contract. Attorney Meyers questioned the Mounds View Square Shopping Center assessments. Engineer Hubbard stated that they should be completed this week and would be ready by September 13. Attorney Meyers stated that the City may be running into a time squeeze because the property owners have the right to prepay the assessment 30 days interest free. Administrator Achen stated that the City could certify to the County that it is alright to accept payment with out interest is this happened. MSP (Pirkar- Baumgartner) to hold a Public Hearing at 8:15 p.m. on September 27 for Project 1975 -4 and 1975 -4A assessment hearing. 5 ayes LTT,'TNrrD RiiTntARf iar l nnrhin to r COUNCILMEMBER SHELQUIST'S REPORT Councilmember Shelquist asked Engineer Hubbard if tie had reviewed the storm sewer report. Engineer Hubbard stated he had reviewei it and saw no problem with anything in it. Engineer Hubbard does not feel that the nine phases necessarily means nine years. Engineer Hubbard stated that the Council would have to determine a reasonable way of assessing it to obtain the financing. Engineer Hubbard felt the report was very good. Councilman Shelquist stated he wondered if there was a discrepancy in what the City thought they were buying and what they got. Engineer Hubbard stated that he did not think so. Councilman Shelquist stated the report indicates that the existing storm sewer system is not adequate to accomodate a three year storm when the area is developed. Another statement says that it does not necessarily drain all the back lots and the owners should take action to landscape and route water to available storm sewer outlets. Councilmember Shelquist stated that if this is left to the residents it may not happen. He questioned if the City was buying alot more storm sewer than we actually needed and therefore putting the tax payers to an unnecessary expense? Administrator Achen stated that these questions should be directed to the firm and suggested another meeting_ Engineer Hubbard stated that ne would like to see the firms calculations before making comment. Administrator Achen stated he could inform the company that the Councilbody and Administrator are lay people and Councilmember Shelquist wants some additional assurance from our in -house engineer that he is satisfied that this is a good quality report and a wise system for Mounds View. Council member Shelquist stated he is concerned that the company is making a calculation based on a certain runn off in a certain area. Administrator Achen stated that he will try to meet with the company this week :ind asked the Council to write down any questions that they would like him to ask the company. Mr. Achen will set up a meeting between the company and council for Tuesday, September 7. August 23, 1976 Page 14 Councilmember Shelquist suggested that Comstock and Davis also be contacted. COUNCILMEMBER HODGES had no report. COUNCILMEMBER BAUMGARTNER'S REPORT He stated that he may not be able to attend this Thursdays meeting. Councilmember Baumgartner stated he can think of three cases where a person has come before the Planning Commission with a sketch plan and they get preliminary approval of it and then survey that subdivision to this sketch and then the Planning Commission denies the preliminary plan. Council member Baumgartner stated he realizes that it depends on the make -up of the Commission too. He stated this is a problem area but was not sure of the solution. Councilmember Shelquist suggested that maybe the ordinance be rewritten to require a unanimous consent of the Planning Commission on the sketch plan. The only thing to do is to get all of the members at the meeting to vote. Two meetings ago there were eleven items on the agenda and there has been a lot of lot splits on the agenda at each meeting for a year and a half, but at the next meeting there are only two items. Perhaps the surge of the lot divisions because of the new road are over and they can go back to one meeting per month. Councilmember Baumgartner stated that the Planning Commission does not need to be concerned about all of these reports from the City Fire Marshall, Rice Creek Water Shed District, Environmental Impact Committee and so on. Those items are a function of the staff and inspection department. Councilmember Baumgartner suggested that the staff write a memo to the Planning Commission and list the things the Commission should consider, things covered by state law and so forth. Councilmember shelquist stated that if they feel they can not make a good decision on a matter without seeing these reports, then they should get them. Councilmember Shelquist stated that the Commission may send these reports to the Engineer. Administrator Achen stated that the Planning Commission has gotten burned several times, such as on Mounds View Square, so now they are concerned that they are not doing the job if they do not consider all these things. They try to cover everything. Councilmember Baumgartner felt these things should be investigated, especially the sketch plan. Administrator Achen suggested another meeting. Councilmember Shelquist stated he would agree with another joint meeting after the budget meetings and also discuss the zoning law with them. COUNCILMEMBER ROWLEY'S REPORT Councilmember Rowley stated she felt it would be beneficial to take a tour of the facilities before the budget sessions are over Administrator Achen stated he would like the Council to tour the budget related items in Mounds View in addition to a tour of the Spring Lake Park Blaine- Mounds View fire facilities the Lakeside Park facilities and the North Suburban Day Activity Center. He suggested a tour of the City facilities this Saturday. The Council decided to meet this Saturday at 8:00 a.m. at the City Hall for a tour of the City Hall facilities. MAYOR PICKAR'S REPORT Mayor Pickar state° there are some illegal political signs up in the City. Administrator Achen stated that these were being taken care of. MSP (Baumgartner Rowley) to adjourn at 12:20 p.m. 5 ayes Re9ipu11 s96i ed, k%. 'r Mark Achen Clerk- Administrator