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HomeMy WebLinkAboutMinutes - 1976/09/13A regular meeting of the Mounds View City Council was called to order by Mayor Pickar on September 13, 1976, at 8:03 p.m., at Mounds View City Hall, 2401 Highway 10, Mounds View, MN 55112. Present: Mayor Pickar Councilmember Councilmember Councilmember Also Hodges Baumgartner Rowley Absent: Councilmember Shelquist PROCEEDINGS OF THE CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA present: Clerk Admin. Achen Attorney Meyers Epgineer Hubbard MSP (Baumgartner Rowley) to approve the minutes as presented of August 23, 1976 regular meeting. CITIZENS COMMENTS REQUESTS. Mr. Gordon Ziebarth, 5150 Bona Road, presented the Council with a check for $4,000 on behalf of the Mounds View Bicentennial Commission. Mr. Ziebarth then read a statement from the Executive Director of the American Revolution Bicentennial Commission in which they approved a grant for a community billboard. Mayor Pickar stated he knew that getting this grant was no small thing. Mayor Pickar, speaking for the rest of the Council, thanked Mr. Ziebarth and the Commission for the ^cc they put into this project. Mr. Ziebarth stated that they can appreciate the work involved with filing all of the forms after forms for the grant. Councilmember Hodges questioned when this sign will go up. Mr. Ziebarth stated they are shooting to be in the ground and operating before the snow flies, if it doesn't snow before November. Mr. Bruce Lindgren, 2847 County Rd. H -2, stated his neighbor and he did not get the initial statement that they had to register their property for the inspection program. Now they got a notice they are past due and will have to pay a double fee of $30. Mr. Lindgren stated that it may have been an oversight on his part, but when his neighbor didn't get it either, they don't think it is fair to pay $30 to get one unit inspected when they did not get the initial notice. Mayor Pickar stated that he discussed this with the Attorney. Atty. Meyers stated the ordinance we adopted was published in the legal paper, so that notice was given. The City, since this is the first year, went to the extra effort of mailing notices to persons we have on record as being owners. Most of the response received was about the fee itself, but no one claimed they did not get the notice. Atty. Meyers does not think it would be prudent to waive any of the double fees. The City will probably go to court on some of these, and the City should not be in the position of unevenly enforcing the law. Lack of mailed notice is unfortunate, but not fatal as far as the City's position goes. Mr. Lloyd Mavis, 2833 County Rd, li -2, stated that someone else owned both of the places and maybe he got the notice. He stated that sometimes the mailboxes are open and the mail gets blown around. Mr. Mavis stated that it should have been a registered letter. Atty. Meyers stated that published notice is sufficient by law. 4 ayes September 13, 1976 Page 2 Mr. Lindgren stated he got one notice of violation by certified mail and then someone else came over and thumb tacked one of these notices in his entryway. If the City can do duplicate work on this, then why didn't I get my intial notice? Atty. Meyers stated that the duplicate violation notices are required by law. The City h ^s no right to damage private property. Mr. Lindgren asked if the City wasn't getting a little heavy on all this criminal action thing? It was brought out at the informational meeting that he probably would not get into much of a problem because things are in such good shape around here. Mr. Lindgren stated that doubling the registration fee to $30 is not reasonable. Atty. Meyers explained that this ordinance was adopted because some properties are not in good shape. The City hopes to bring the bad buildings up to code requirements. It does sound heavy for a single unit to pay $30, but we must go through the same procedures with all owners or we would be guilty of discriminatory action. Mayor Pickar stated he would like to find out about the damage to the property, if there is such a thing. Mr. Lindgren asked what he should do, take it to small claims court? There has got to be a line drawn somewhere. Mr. Lindgren stated that he does not subscribe to the paper because he does not see that much in the New Brighton Bulletin. Councilmember Baumgartner stat that would have saved h $3n been ti stated that it would Haut Savcu him $30. it hasUC CII Lne official paper for years. Councilmember Hodges questioned a complaint from Mr. Lindgren about Tom Thumb. Mr. Lindgren explained that Tom Thumb is reminiscent of a garbage dump. If the City can say how to keep my property, then what about a business? Mr. Lindgren stated he felt the City is being discriminatory against rental property. At 8:20 p.m. Mayor Pickar recessed the regular Council meeting and called to order the assessment hearing relative to 8360 Spring Lake Road, Improvement Project 1973 -4. Atty. Meyers asked if anyone was present to represent Mr. Mrs. Dumas. Atty. Meyers explained that the Council was considering the imposition of assessments on the property owned by Mr. Mrs. Dumas and then reviewed the background of this case. The back of the Dumas property now faces a new street. The assessments were challenged by the Dumas' and the district court ordered the matter be returned to the City for reassessment. This particular hearing tonight is to consider the reassessment for the property. The Dumas' attorney, Mr. Rubenstein of O'Connor Hannan, sent a letter to the Council dated September 9, 1976, representing their objections. Atty. Meyers then read the letter in which Mr. Rubenstein indicated that he represents these people and they are opposed to the proposed assessment of $8,100.82. Objection to this assessment is on the following grounds: the property is not benefitted by the assessment the original assessment was set aside by the Court because the Court felt there was no benefit to the property -if assessed now it would be a direct violation of the court order would require the Dumas' to take extra effort to get the assessment set aside if the assessment is adopted and then is set aside he would September 13, 1976 Page 3 act to recover his attorney fees and appropriate relief notice was not properly given. If the assessment is adopted he would like to be notified so he can have time to register and file appeals, which has to be done within 20 days of the assessment adoption. The consulting engineer reviewed the property and prepared an assessment roll which has been on file in the City Hall since the day of the notice. Engineer Hubbard explained that the ordinance says a lot shall have an 85 foot frontage with 11,000 square feet. The Dumas' lot has a 130 foot frontage. They considered an 85 foot lot as one unit, so the Dumas' lot is 1.58 units. They arrived at a typical lot in the 1973 -4 Improvement Project and assessed the Dumas property for 1.58 units. Administrator Achen further explained that a rate was established for the various improvements and the assessment was then figured on the basis of a rate per unit. Atty. Meyers explained where the road was brought down and through the Mohr property. Mr. Mohr was assessed because he faced the road and would be benefitted. Mr. Dumas appealed on the theory he did not abut the road. The City obtained an easement on the 27 foot strip from the Mohrs. The court said that the City routed the road to pick up the Dumas property on the assessment. Atty. Meyers then reviewed a resolution he had prepared in which the 27 foot strip of property, Exhibit A, would be declared as surplus and conveyed to Dumas. The property would not be conveyed until it is accepted by Dumas. If Dumas accepted the additional property they would then have enough property to split their property into two lots. Atty. Meyers stated he feels the court would sustain the assessment with or without the conveyance of the property. If the court does not sustain the assessment the City will have to collect the $8,000 through taxation or reassess all of the parcels through the whole project to recover the $8,000. In the future, either the Dumas or their successors to the property may decide that they want to acquire this additional property and divide the lot. Then the City could probably work out something on a negotiated basis. The Dumas say that they like the property as it is and not having anybody behind them, so they don't want to split the lot. Mayor Pickar asked if the conveyed property would also be assessed? Atty. Meyers stated it would probably be added on, but we did not compute the additional property in the assessment. Mr. Dumas does not have to take the property. Councilmember Hodges stated he would go along with the Attorney on the proposal to try and convey this land to the Dumas' and see if we can work it out that way. Councilmember Baumgartner stated we should make an effort to convey the property to the Dumas'. Councilmember Rowley stat 1 she feels the same as the other Councilmembers. MSP Pickar- Hodges) for the adoption of Resolution 754. 4 ayes MSP (Hodges- Rowley) to adopt Resolution 755, a resolution which adopts the assessment roll as proposed. 4 ayes September 13, 1976 Page 4 Referring back to Citizens Comments Mr. Mavis asked if they should send in the $30 fee now. Administrator Achen stated they should. At_y. Meyers stated that he would move to have the court dismiss the case since they did not get the notice and it would be more equitable to dismiss it. Atty. Meyers suggested that Mr. Lindgren contact Mr. Rose about the damages. At 8:43 Mayor Pickar closed the Public Hearing on Improvement Project 1973 -4 and opened the hearing on the proposed 1977 city budget. Mayor Pickar stated that for the past months the City staff and council have put a lot of time and effort into the 1977 city budget. It is an excellent piece of work by the staff. Admin. Achen stated this is the tightest budget since he has been here and the lowest increase in property taxes since the 1972 levy year. The levy limitation law limits the amount of property tax levy to a 6% increase annually. This law began in 1971 with the assumption that inflation would grow at a rate of 6 Because the rate of inflation has been more than 6 along with the new diseased tree program and recreational programs, revenues are not expanding as fast as expenditures for services_ Mayor Pickar stated that one of the items which increased is the fire department expenses. Councilmember Baumgartner stated that the fire department has answered 419 calls this year versus 295 calls last year, an increase of 42 The fire department budget reflected this in the salaries of volunteer firemen.. It was the consensus of Mounds View, Spring Lake Park and Blaine that Chief Fagerstrom requested a reasonable budget for 1977. A lot of the fires were due to grass and peat fires because of the dry season. Councilmember Hodges stated that the City now has their own person working out of the police department for animal control. Admin. Achen stated that the Community Service Officer works about 30 hours per week and the Brighton Veterinary Clinic is where captured animals will be kept. Henry C. Becker, 7350 Spring Lake Rd., asked if this person just goes out on nuisance complaints or is on patrol. Admin. Achen stated that he is on patrol looking for violations. Mr. Becker asked if it was legal for this man to come on private property and take a dog that is laying by the steps, can the property owner stop him? Atty. Meyers stated that the owner can keep him off and the City would have to get a warrant. Mr. Becker explained that he does not believe in tying or fencing a dog. In his neighborhood the only dogs making noise are tied or fenced. Atty. Meyers stated the law required dogs be either leashed or fenced. Admin. Achen explained that it is not the City's intention to capture animals. The owner is responsible for the dog and it is the City's intention to issue a citation to the owner. The City is concerned about dogs running on the street or coming out to the street and harking at people. Mr. Becker explained that he was worried because his dog is crippled and he wanted the officer to call him instead of taking the dog. Admin. Achen stated that they try to avoid picking up the dog because a lot of the time the owner does not even come to get the dog. September 13, 1976 Page 5 Mr. Ziebarth asked if the budget contained improvements to the lower level of the City Hall. Mayor Pickar stated yes, for finishing off the southwest corner for the Park Department. Councilmember Baumgartner stated that $6,800 is in the budget. Mayor Pickar asked for any more questions. There were none. At 9:05 p.m. Mayor Pickar closed the 1977 budget hearing and called to order the public hearing on Bronson Oaks preliminary plat. Mr. Peter Jordan, 7474 Spring Lake Road, stated he appeared before the Planning Commission two times, once with the preliminary sketch and then with the formal preliminary plat. Mr. Jordan is requesting to split one large lot, l -3/4 acre, into three medium sized lots. He came before the Council a few years ago asking for a similar subdivision and the issue really is if the City wants an easement for a road down the middle of the block. Mr. Jordan stated he talked to all of the neighbors who abut the proposed road to see if they want it. Two lots would each be 90'x196' and the existing lot on which the house is would be 140'x196'. If the road goes in he would have to give access and would lose the end lot. If he is not able to subdivide as proposed it would be a considerable financial loss. It is a magnificent lot with lots of big trees which would have to be cut down for a road. Mayor Pickar asked for comments from the neighbors. Mr. Henry Becker asked about the proposed route for this road. Mayor Pickar stated it would be a continuation of the road. Engineer Hubbard stated that according to a letter from Comstock F, Davis, it would go inbetween 7380 and 7406 Spring Lake Road. Mr. Nordgren, 3032 Bronson Drive, stated his lot is about 234 feet deep and although he didn't care about the subdivision, the road would ruin his back yard and he is very much against it. Mr. Arnold Johnson, 7380 Spring Lake Road, stated he bought the property 25 years ago and is against having the road go between 7406 and his house. Mrs. Cleveland, 7406 Spring Lake Road, stated that the proposed road would go between their two homes and there is not room. Mr. Johnson stated there is exactly 79'9" between houses, no* 107' like the letter says. Eng. Hubbard stated that the letter from Comstock Davis was written in February of 1974. Jerry Fahrmann, 7448 Spring Lake Road, asked who makes the decision about the road. Atty. Meyers stated that the Council makes the decision. Mr. Becker stated that some neighbors would like to add onto their houses and fix them up but don't know about the road so they would like it settled once and forever. Mayor Pickar stated that this hearing would have a lot to do with it. Atty. Meyers stated that 350 or more of the property owners can petition for a road and then the council must hold a hearing, but it is still the council's final decision. September 13, 1976 Page 6 Mr. John Wharton, 7462 Spring Lake Road, stated that when he subdivided his lot five years ago, the Council had gone through a big deal about putting roads in and he had to give the City an easement. Mmin. Achen stated that this is what the Council is going through tonighi. ;with this request. Mrs. Carlen Brunes, 7430 Spring Lake Road, stated she only had a five foot easement on her lot and she does not want the road either. Mr. Howard Johnson, 7425 Pleasant View Drive, stated he did not object to the split but was still opposed to the road. Jerry Fahrmann stated he was also opposed to the road. Derek Bernhagen, 7415 Pleasant View, stated he was opposed to the road and wanted it to stay as it is. He stated that he is also speaking for his neighbor, Steve Johnson, who could not attend. Marian Schmidt, 7447 Pleasant View, wants it to stay as it is. Mr. Jordan stated that ten owners would be assessed if the road would go in. Councilmember Hodges stated he knew it was about 50 years in the future with the roads, but he realizes that at the present all of the people he had talked to certainly don't want a road through there. Councilmember Hodges stated he would say, since the people want big lots, he would go along with the split presented tonight. Councilmember Baumgartner stated he agreed. The City has to, at some time, look out for the people here now instead of what would happen in 40 or 50 years from now. With the layout, trees and people there now, we should not take the easement and should approve the subdivision as requested. Councilmember Rowley stated she agrees with the way it is presented. The people have stated that they do not want the road. Mayor Pickar stated that it is really good to get the input of the people on a situation like this. Mayor Pickar likes the idea of people maintaining their lot. He appreciated the comments of the people, and has no objection to having the split as it is presented. At 9 :30 p.m. Mayor Pickar closed the public hearing on Bronson Oaks preliminary plat and called to order the regular council meeting. MS (Hodges- Baumgartner) to approve the preliminary plat of Peter A. Jordan and Martha A. Jordan as presented here tonight. Admin. Achen stated that one of the considerations of this proposal is an accessory building which would be nonconforming or may be actually violating the ordinance. Mr. Jordan pointed out the location of this building and stated that it is just a garden shack and could be torn down if necessary. It looks like it is about 15 feet from the property line, not 35 feet. MSP Pickar- Rowley) to amend the motion to include the stipulation that the storage shed be removed or moved to bring it into conformance with the City code. Vote on amendment: Vote on main motion as amended: 4 ayes 4 ayes September 13, 1976 Page 7 Councilmember Hodges wondered if Mr. Fahrmann could come back and get the property he dedicated to the City. Atty. Meyers stated the City could prepare some quit claim deeds and convey the property back. Admin. Achen got the names and addresses of both John Wharton and Jerome Fahrmann. At 9:35 p.m. Mayor Pickar recessed the regular Council meeting and called to order the public hearing on a special use permit application by Ernest Gustafson to develop townhouses in an R -1 zoning district. Mr. Mike Smith stated that he was Mr, G stafson's architect, Mayor Pickar stated that there was a legal question about the zoning of this property. Townhouses in an R -1 district have to be built and sold to people, or owner occupied. This is not necessary in an R -3 district. Mr. Smith stated that through some misunderstanding by one of the building inspectors or planning officers, their proposal for an R -3 zoning was changed to an R -1 zoning. The Planning Commission saw two options to recommend, rezoning to R -3 with the stipulation that townhouses be developed or zone it to R -1 and create a special use permit with the owner occupied requirement. Mr. Smith explained that this was not their choice. Their request was for an R -3 zoning because they would like the flexibility to rent or sell them, or a special use permit be allowed and the owner occupied provision be waived. Admin. Achen stated that this hearing is for a special use permit for an R -1 zoning. The owners were not notified of any rezoning, which would be necessary. Atty. Meyers recommended that if they want rental type to he authorized, proceedings should be started for a rezoning. Mr. Smith stated they would have to go back to the Planning Commission, who discussed this but decided to go along with the special use permit. Mayor Pickar stated that a special use permit cannot cover this situation. Mr. Gustafson commented that he specifically wrote "R -3 for use of townhouses" on the application. He went through the Planning Commission and they decided that according to the ordinance Mr. Gustafson would have to back down to this agreement. Mr. Gustafson stated that it was some kind of conspiracy to keep him from what he wanted. Someone changed it from R -3 to special use permit. That good does it do to go back through R -3? Atty. Meyers asked if Mr. Gustafson would like the council to go on a questionable basis and have problems arise later? Mr. Gustafson asked what he had to do to develop his property. Atty. Meyers stated it should go before the Council as a zoning matter. The only matter that can be heard here tonight would be for a special use permit. Mr. Gustafson stated that he was not the only person involved in this and could not answer which would be the best tonight. Mr. Smith asked if this could be put on the agenda at a later date. Atty. Meyers stated the Council could adjourn hearings from time to time. Atty. Meyers suggested that the people be notified again if the matter is continued. Admin. Achen suggested that if the hearing is continued the applicant notify the City, in writing, of their intentions. Mr. Gary Sward, 7644 Greenfield, asked how many times you can bring up the same thing. This was brought up in July and voted down. Can you bring it up again and again until someone gives in? Atty. Meyers reviewed the ordinance concerning this matter and explained that there is a six month waiting period between rezoning applications on the same property. September 13, 1976 Page 8 Admin. Achen stated that the Planning Commission meets a week from this Wednesday, but he would have to know the day after tomorrow of Mr. Gustafson's intentions. If Mr. Gustafson wants rezoning he will also have to consider the six month delay as well. Councilmember Hodges stated that he could see how they would be frustrated with this matter and with coming back. Atty. Meyers stated that the only other way is to amend the ordinance. Mr. Gustafson stated that he just wants to develop the property so he can pay his taxes and not lose the property. He asked the Council how long it would be before the Comprehensive Plan is adopted which would designate this area for an R -3 zoning. Admin. Achen stated that the adoption of the Comprehensive Plan would not make the rezoning of Mr. Gustafson's property automatic. Mr. Smith stated that they were seeking a special use permit to develop 30 units of townhouses, all with garages. Some will be single story and some a story and one -half. Each has a separate entry and a private court yard. There are three small tot lots and one larger recreational area in the center. He felt the proposal as owner- occupied or as rental units relates with the area around it because of the City Center. Mayor Pickar questioned the type of structure and the number of units. Mr. Smith stated there would be combinations of three to six units per building, the ordinance allows eight. The cost of only the unit itself would be about $22,000. The first floor has 792 square feet and each one story unit has two bedrooms with three bedrooms in the story and one -hail units. Mayor Pickar stated that the residents in the single family dwellings are concerned about the atmosphere. Mr. Smith stated that they would be wood frame. To keep expenses down they did not have any plan but he showed the Council a sketch of the proposed five unit buildings. Mr. Richard Mosman, 7656 Greenfield, asked if there will be basements. Mr. Smith stated that they have not decided on this yet. Mr. Mosman stated that the one story units would be very small. Mr. Sward stated that with two bedrooms only people without kids or old people would want them, so they may have to be rental property with transient people. Mr. Smith stated that the turnover in townhouses is not like it is in apartments. Mr. Sward questioned the density. Mr. Smith stated that there are only two bedrooms and rental costs would be more than the apartments across the road. Atty. Meyers stated the Council cannot consider the income status of people living in rental units. Mr. Sward asked why nice houses were not built instead. Mr. Smith stated that you cannot sell a house in that area. Mr. Smith felt the development of this property as townhouses will serve to the other residents advantage. Mr. Sward stated that it will depreciate his property. Admin. Achen stated the Comprehensive Plan suggests a higher use than single family and a higher use would be either two family duplexes or townhouses. The Council must decide if they want to uphold the Comprehensive Plan. The Comprehensive Plan is the source of this problem. The Plan is upon what Mr. Gustafson has based his development proposal. The residents' objections appear to be toward allowing higher than single family use in this area. Mr. Gustafson felt that he had compromised by not Proposing apartment buildings. These townhouses look the same as a single family house. Councilmember Baumgartner stated that rental apartments do pay their way more than single family homes. Mr. Sward stated that there are too many September 13, 1976 Page 9 kids in the schools already. Mr. Gustafson stated that there are only two bedrooms. Mr. Mosman stated that the real problem is density because this would increase the density in this neighborhood. Mr. Smith stated that the basic philosophy of the Comprehensive Plan is to have a higher density around the City Center. The neighborhood is affected much more by the apartments around there than the seven single family homes or this development. Mr. Smith stated that he would like to ask for a continuance. Mr. Ziebarth asked how many single family homes could be put on the north end of the property. Mr. Smith stated that four could be put there, but they are trying to develop the area in the spirit of the Comprehensive Plan. Sue Kaster, 439 East Skillman, Maplewood, stated that the real question is 20 single homes as opposed to 38 townhouses. She stated that in her experience, there is no way to fit many people in a 790 square foot two bedroom home. She suggested that if they are rented, they be limited to one child. If 20 single family homes go in, you are talking about three or four children per home. She felt there would be lower density with this proposal than single family dwellings. Councilmember Rowley questioned the minincum size of 792 square feet for a one story unit. Mayor Pickar stated this proposal is within the code. Atty. Meyers stated that there is a difference in minimum size between rental and owner occupied homes. Mayor Pickar declared a continuance and recessed this hearing until 8:30 p.m. on October 11, 1976. Mayor Pickar suggested that Mr. Gustafson consider putting something on the north end of the property that is compatible with the home owners. At 9:50 the meeting was recessed for ten minutes. The regular Council meeting was resumed at 10:01 p.m. MSP (Hodges Rowley) for approval of th-. following consent agenda items: ITEM A. Set public hearing on Alvin Pederson special permit request for overzied accessory building for 8:10 p.m. October 11, 1976. ITEM B. Set public hearing on Robert F. Lestina special permit request for oversized accessory building at 8:20 p.m. October 11, 1976. ITEM C. Authorize installation of public street light at 2081 Hillview Rd. as requested by citizen petition received August 9, 1976, and a recommendation by police department. ITEM D. Authorize Mayor and Clerk to execute Section 8 Housing Assistance Payments Program Contract implementing HUD funded rent assistance program in Mounds View. Metropolitan Council will staff the application, screening and placement functions. City will inspect rental units. ITEM E. Approve licenses: Kennel licenses residential renewal James D. Lois R. Buckley OUR MATCHMAKER KENNELS 7770 Greenwood Drive 4 ayes September 13, 1976 Page 10 Kennel licenses residential renewal (continued) MR. MRS. HAROLD G. BRANDT 7931 Woodlawn Drive N.E. NOR -DAN SCHNAUZER'S 2186 Lambert Avenue Heating new NORTHERN HTG AIR CONDITIONING 2149 161st Ave. N.W. Anoka, MN 55303 Heating renewal DENNY'S MOBILE HOME SERVICE 745 11th Ave. N.W. New Brighton, MN 55112 ITEM F. Approve September 13, 1976, bills. General new LIFETIME ASSOCIATES, INC. 409 Washington Ave. S. Hopkins, MN 55343 METRO ALUMINUM SIDING CO. 5014 Shamrock Drive N.E. Minneapolis, MN 55421 General renewal E. T. HUGHES CONSTRUCTION 1/2 Battle Creek Road St. Paul, MN 55119 MID CONTINENT MANAGEMENT REQUEST FOR SPECIAL PERMIT TO ERECT TEMPORARY SIGN ADVERTISING SANDS APARTMENTS: Ms. Sue Kaster, 439 East Skillman, Maplewood, stated she is the property manager for Mid Continent Management who manage the Sands for the owner. The Sands is a 90 unit luxury building, the most expensive in Mounds View. They are facing a vacancy problem because of the rent structure. They have managed the Sands since February and have evicted a lot of people that were there so they have nine vacancies. They want to place a sign on the Launching Pad property. They requested a special use permit for this sign because the square footage of an 8'x10' sign was too large for a temporary sign. It was in violation of the sign code because the Launching Pad property already has a sign there. Signs have to be 350 feet apart. Ms. Kaster questioned how a temporary sign can be temporary when there is no set time limit, the only limit is the 12 square feet. She would like a permit for six months to a year. Councilmember Hodges stated that he did not see anything wrong with the temporary sign for three to four months. Ms. Kaster stated that there would be no lights, just painted plywood. She would like to fill the nine apartments and if it takes a year, then the sign is not doing any good. The Planning Comm. recommended a denial based on the fact that it was within 350 feet of another sign. This sign would be about 2s0 feet from the Launching Pad sign. Atty. Meyers stated the ordinance says you cannot authorize a permit for a permanent sign within 350 feet of each other. Ms. Kaster explained that by definition of construction this sign would be a permanent sign. Mayor Pickar stated that the only solution would be to get on a property where there is not a permanent sign already. Councilmember Baumgartner stated this sign would be in violation of the existing ordinance and if the Council allowed this sign then a week from now the duplexes and fourplexes would want a sign up. too, and the Coun il would have established a precedent. September 13, 1976 Page 11 Ms. Kaster stated that she understood this, but there are other signs along Highway 10 that are closer than 350 feet. She then pointed out several of them. Atty. Meyers stated that it would not solve the problem by adding another sign. Councilmember Rowley stated she felt the Council should follow the ordinance and deny the request. Mayor Pickar stated there is probably no solution except using a 3'x5' sign, but at 55 miles per hour you would not be able to read much. Betty Wall. 5425 Quincy St., stated that Dr. Levitan, the owner, asked her to attend and explain that many people cannot even locate the place. Mayor Pickar stated that any variance of the code requirements would create quite a flood of requests. MSP (Pickar Baumgartner) to deny the application for a sign by Mid Continent Management and uphold the ordinance as it stands. 4 ayes REQUEST TO PRORATE BISSONNETTE RESIDENTIAL DOG KENNEL LICENSE FEE AND TO EXTEND DEED RECORDING DEADLINE. Connie Bissonnette, 8312 Red Oak Drive, requested an extension of the deadline to record their subdivision previously approved by Council. She explained that they sold their house on the contingency of finding another, but did not find one so they decided to build a house. The closing date on the new house is November 30, 1976. MSP (Pickar Rowley) to extend the deadline to December 10, 1976, as requested. 4 ayes Mayor Pickar stated that the fee for the kennel license is to cover the cost of processing and issuing. The fee is not related to the time period of the license. MSP (Rowley- Hodges) that the prorating of the license fee be denied because of the fact that the license fee covers the cost of issuing it. JOINT POWERS AGREEMENT FOR POLICE SERVICES ON BOUNDARY WITH CITY OF SPRING LAKE PARK. Atty. Meyers stated that this agreement was sent to him and basically is an agreement which permits the Cities of Spring Lake Park and Mounds View to enforce traffic laws on Hillview Road. The agreement states that when a law enforcement officer makes an arrest outside his community he will be considered to be deputized by the other community. Each community will be responsible for his given officers. Admin. Achen stated that there is no written agreement now. 4 ayes MSP (Hodges- Baumgartner) to adopt the Joint Powers Agreement with Spring Lake Park. 4 ayes ADMINISTRATOR'S REPORT. Admin. Achen stated that the primary election is tomorrow from 7:00 a.m. to 8:00 p.m. The City of Spring Lake Park has requested a traffic signal at Highway 10 and Pleasant View from the highway Department. The letter to the State assumes that we will be partially responsible for the construction and maintenance of this signal. September 13, 1976 Page 12 Admin. Achen explained that he held over the snowbird ordinance and the mobile home tie down ordinance, because he did not think there would be time for them. Admin. Achen recommended that the Council make a designation for a member to serve on two committees. Councilmember Baumgartner stated that he has been the voting member of the Ramsey County League and would have no objection to remaining on it and going to those meetings. Mayor Pickar stated that he would be willing to serve on this too. Councilmember Baumgartner informed the Council of the next League meeting. MSP (Rowley- Hodges) that Roger Baumgartner be appointed as number one voting delegate to the Ramsey County League with John Pickar second and Mark Achen third. Admin. Achen discussed having a Council representative attend the fire department board meetings. The fire chief was receptive to this idea. Admin. Achen felt it would be beneficial for the City, too. The Council would understand what the Board does and keep abreast of what the department is doing. It would also allow an opportunity for our Council to associate with Spring Lake Park and Blaine on fire issues. Admin. Achen suggested the Mayor correspond with the other Mayors and urge them to do so. He also suggested it would be beneficial for all three cities to pay monthly in advance. Admin. Achen reminded the Council that a meeting is set to review the storm sewer plan on September 16, a Thursday, at 7:00 p.m. in the Council Chambers. The park director recommends the Council fill the vacant recreation program supervisor position with Mary Kvalheim. She served this summer as a recreation intern here. The recommendation is that she be hired on a temporary until she completes her undergraduate degree in Recreation which will be this fall. She would start on September 15 at a salary of $8,840 per year and effective December 7, 1976, when she graduates, shk.1 would begin employment as a probationary full -time employee at $9,200 per year salary. At the end of the six months, if her performance is satisfactory, her salary will be increased to $10,000 per year. Mayor Pickar asked how the salary was arrived at. Admin. Achen stated that the City is paying the position what is in this year's budget, $9,600. 4 ayes MSP (Pickar Baumgartner) to appoint Mary Kvalheim with the terms as recommended by the Administrator. 4 ayes Admin. Achen stated that the Lida 6 Hummel plat was submitted this evening. The plat, on a superficial examination, is in order but he suggested the Council adopt a resolution approving the final plat on the condition of satisfactory review by the City Engineer that it is in compliance with the preliminary plat and the stipulations set at that time. MSP (Hodges- Baumgartner) to adopt Resolution 756 approving the final plat of Lida 6 Hummels 1st Addition, upon satisfactory review of the City Engineer. 4 ayes September 13, 1976 Page 13 Admin. Achen stated that the City Attorney is checking to see if it is necessary for the Council to canvass the votes after the election. It has been the general practice for the Council to meet and canvass the votes, but Admin. Achen did not see anything in the State Statutes that requires this. Admin. Achen stated that there is a meeting on Thursday anyway at 7:00 p.m. Councilmember Rowley stated that she will be about 30 minutes late. Admin. Achen stated that they would be counting the ballots in the Council Chambers and suggested that as many Council members as can should attend. MSP Pickar- Baumgartner) that the Council have a special meeting on Thursday night, September 16, to canvass the ballots if required by law. ATTORNEY'S REPORT. Atty. Meyers stated that he received a petition to extend Knollwood Drive south of Ardan Avenue. The petition has a number of signatures, but he does not know if they qualify as 35% of the owners for a public improvement hearing. Eng. Hubbard stated that only three of those people would be assessed by the extension of Knollwood so they need four more names on the petition. If the Council is interested in doing this on their own, maybe they should get a feasibility study. Atty. Meyers stated that since the petition does not have 35% on it, the Council does not have to set a public hearing. Councilmember Baumgartner asked if the Council could return the petition to Mr. Payne and ask him to get 35% of the people to sign the petition. Atty. Meyers stated that this could be done. MAYOR PICKAR'S REPORT. Mayor Pickar stated he received a letter from the League of Women Voters of Mounds View and reviewed it for the Council. Mayor Pickar stated the League should be commended for the many hours they put in and for the fine work they did with the registration program. Councilmember Hodges suggested that the Mayor send them a thank you note. Admin. Achen stated he had sent a letter about two weeks ago. Mayor Pickar and Councilmember Rowley reviewed the Lakeside Park meeting. The budget was mentioned but Spring Lake Park had not done anything with it yet. More damage had been done to the building but the girls who wrote their names on it will repaint the building this fall under the supervision of their parents. Mayor Pickar questioned if there would be a water bill. Admin. Achen stated that it is such a small amount of water there is no reason to bring it up. The water is not used for flooding or sprinkling. Mayor Pickar stated that the only major item discussed was the winter skating program. It was suggested that the free skating rink be made larger, they get hockey boards, have music for skating and do advertising. COUNCILMEMBER BAUMGARTNER had no report. COUNCILMEMBER ROWLEY had no report. ENGINEER HUBBARD had no report. 4 ayes September 13, 1976 Page 14 Administrator Achen stated that Chuck attended the National League of Cities workshop on the Public Works Employment Act in Chicago. Basically the grants will be given on a first come first served basis with 100% funding. Completion of plans and specifications is not required but those projects with plans and specs are most likely to be funded. You should have something on the drawing boards to improve the odds of gettisig a grant. Maybe a project with the construction of park buildings with tennis courts and underground sprinkling. Admin. Achen stated that they are looking for projects that can be done fast, are part of a long range plan and call for a wide range of labor skills. If Mounds View gets plans and specs for only one park and the request is denied, we will only have to pay for the one set of park plans. Admin. Achen stated that this would probably not cost too much because we could use plans from another city. Another project could be the expansion of the City maintenance garage. Admin. Achen stated that it would probably not cost more than $500 for these plans and specifications. MSP (Baumgartner Pickar) that the Council direct staff to prepare a grant application per the Parks 4 Recreation five year capital improvement plan for the Public Works Employment Act of 1976. Admin. Achen stated he was contemplating setting a deadline for the council agenda. He stated that he would like to formalize the agenda by Monday preceding the regular Council meeting, so that a tentative agenda will be available for Council to consider at its agenda session. Councilmember Rowley asked if this deadline would also be sufficient to put things in the newspaper. Administrator Achen stated that the paper needs to have the information about one week in advance. It will be somewhat helpful to the papers. Mayor Pickar stated that this would also be helpful to the Councilmembers. Admin. Achen stated that if the Council has a set rule on this, the residents will know too. Atty. Meyers stated that he had reviewed the statutes on canvassing the election and found that the election results must be canvassed, but he did not know who does it, the City or the State Canvassing Board. Admin. Achen stated that the Council probably has to canvass only a city matter. MSP (Hodges Baumgartner) to adjourn at 12 :40 a.m. Res ectfullybritted, 1,n� Mark Achen Clerk Administrator 4 ayes