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HomeMy WebLinkAboutMinutes - 1976/11/08PROCEEDINGS 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 November 8, 1976 at 3:02 p.m. at Mounds View City Hall, 2401 Highway 10, "founds View, MN 55112 Present: Mayor Pickar Also present: Clerk Admin. Achen Councilmember Rowley Attorney Meyers Councilmember Shelquist Engineer Hubbard Councilmember Hodges Councilmember Baumgartner MSP (Shelquist- Hodges) for approval of the minutes of the regular council meeting of October 25, 1976. MSP (Rowley Shelquist) for approval of the minutes of the special council meeting of November 4, 1976. CITIZENS COMMENTS AND REQUESTS Mr. Ted Moore, 5454 Jackson Drive, requested that the Council consider doing something about the stop signal at County Road H2 and Highway 10 since it only allows about 8 seconds for the cars to get across both lanes of traffic. Mr. Moore explained that he almost was involved in an accident at this intersection tonight and he has seen many cars going through this intersection when the light was red. Mr. Moore stated that he has talked about this with the Police Department, who said that it is a state highway. °ir. Moore said that he fought to get this stop light installed and would hate to see someone injured or killed because of it. P1ayob Pickar stated that this is the first he has heard about this problem and asked the City Administrator to check .iith the Police Department on this. 5 ayes 5 ayes APPROVAL OF THE CONSENT AGENDA Councilmember Shelquist asked that Item E be taken off. MSP (Shelquist Rowley) for approval of the consent agenda, less item E. 5 ayes ITEM A. Adopt Resolution 'lo. 774 reapportioning assessment for ;White Oak Estates 3rd Addition. ITEM 3. Adopt Resolution 'lo. 775 levyin; assessments for Change Order No. 5 and associated costs to Project 1973 -4 for sanitary sewer, water, storm water drainage and street improvement over a 15 year reriod. November S, 1776 ITEM C. Set joint meeting of City Council and Planning Commission for 7:V) p.m. Thursday, November 10, 1976 to review land use plans along Interstate 15'°i and Minnesota Highway Department noise barrier program. ITEM D. Set joint meeting of City Council and Planning Commission for 7:00 p.m. Monday, December 6, 1976 to revTw final draft of Chapter 40, Toning Code, revisions. ITEM F. Approve November B, 1976, bills. ITEM G. Approve the following licenses: General new heating new Arrow Fence 22666 E. Bethel Boulevard Bethel, MN 55005 Olympia Construction Co. 520 Ironton Street N.E. Fridley, MN 55432 General renewal W. F. Bauer Construction Co. 1655 Stanbridge Avenue Roseville, MN 55113 Hutton Pi Rowe, Inc. 217 Van Buren Anoka, MN 55303 MN Home Sewer (Rose Plbg.) 1254 W. Roselawn Roseville, MN 55113 Sign Erection renewal Western Outdoor Advertising Co. 4000 Grant Street Omaha, NB 68111 Panelcraft 3615 East Lake Minneapolis, MN 55406 Mayor Pickar stated that Item E was to authorize the employment of a part -time clerk- typist to update the precinct voter registra- tion files, the hourly rate is not to exceed $2.50 and total com- pensation not to exceed $300. Councilmember Shelquist stated that this matter had not been discussed before. Page 2 Administrator Achen stated that this item is covered in the current budget under part -time temporary account in the general administration account. He explained that there is a back log of registration cards that need to be brought up to date. Mayor Pickar stated that this was discussed right after the election. He also stated that once the registration cards are taken out for people that no longer live in Mounds Vies, the percentage of voters will probably be higher than 731,. November 8, 1976 Page 3 Councilman Hodges questioned how the municipality knows when a resident moves and his voter registration card should be pulled. Administrator Achen explained that this person, when he registers in his new community, would have to fill out the portion of the registration card that asks if he was registered in a community previously. It would then be up to Ramsey County to notify "founds View of this. Administrator Achen stated that there are also 1700 new registrants that have to be typed up and sent to the County. The City is allowed to pull registration cards for people that have not voted for four years, This will also be done. MSP (Shelquist- Hodges) to authorize the employment of a part -time clerk- typist to up date the registration cards at a salary not to exceed $2.50 per hour and the total cost not to exceed $300. 5 ayes LOCAL PUBLIC WORKS CAPITAL DEVELOPMENT AND INVESTMENT PROGRAM APPLICATION Admin. Achen stated that applications are being accepted by the Economic Development Agency beginning November 26, and the City is requesting grant funds totaling $414,000 to put up permanent shelter buildings in seven City parks. These buildings are being designed by Williams /O'Brien Associates. The City received a letter from the architects confirming that the cost for their assistance in completing; the forms will not exceed $500 with no fee for additional work until the City has a commitment they will receive the grant. Engineer Hubbard stated that the architect has asked for a complete agreement, which is a standard archetict agreement, except that it states that this agreement will be null and void if the City does not receive the grant. The architectural fees are 8.3% of the total cost, which Engineer Hubbard stated he feels is a reasonable figure. The project is for seven park sites which now have temporary buildings. The grant includes the construction of park buildings that are 600 square feet in all of the parks except Arden Park which will have an additional picnic shelter and Greenfield Park which will have a building that is 100 square feet. Engineer Hubbard then reviewed the sections of the report and stated that 73 people will be employed by this project. The City could request that as many residents in Mounds View as possible be hired. Construc- tion will start within 90 days from the receipt of notification that the grant is approved. Engineer Hubbard explained that the Attorney will have to certify that the City owns all of the prooert_y in the park. Attorney Meyers will also certify that the City was released of the discrimi- natory charges case. Engineer Hubbard then reviewed the plans for the building with the Council and stated that the plans will be more detailed if the grant is approved. November 8, 1976 Page 4 Engineer Hubbard stated that there is 16.7 million dollars available which will be divided into two categories. Seventy percent of this money will go to areas where the unemployment is greater than the national average, or 7.99 Mounds View is 8.9 The remaining 30% of the money will go to areas where the unemploy- ment is from 6.5% to 7.9%. Any money that is left over will go to areas where the unemployment percentage is under 6.5 Engineer Hubbard reviewed the unemployment percentage for the different counties and stated that the average for the nine county metro area is 5.2 There are only two counties in Minnesota where the percentage is higher than the national average. Since Mounds View's percentage of unemployment is greater than the national average they will be included in the category where 70% of the money will go. Councilmember Baumgartner explained that the building was originally a six sided building but this was discussed by the Park Recreation Commission at length and it was decided we would go with the four sided building, A four sided building is less expensive and was generally felt that the six sided building wouldn't fit in as well. Councilmember Shelquist asked why Silverview Park was deleted. Engineer Hubbard stated that one of the requirements to make the project legal was that the City must own the property on every proposed project. At the present time the entire Silverview Park has not been acquired. Also, it looks like we may he able to get funding for the additional acerage and can then apply out of the LAWCON grant. Councilmember Baumgartner stated that the object of the grant is to put people to work right now and the project must start con- struction within 90 days. This is why the City went to an existing building, so we wouldn't have to go through a design phase. Councilmember Baumgartner stated that the location for a building at Silverview Park is not pinpointed yet either. Administrator Achen reviewed the layout of the facilities within the proposed park shelter for the residents that were present at the meeting. He explained that the City has tried to cut down on vandalism with this building. Councilmember Baumgartner stated that when this building was used in New Hope they tried to make them as vandal proof as possible but because of sone of the problems they had, they changed some things. 'low 'founds Vier' is using this model after their changes. Engineer Hubbard stated that the exterior of the building is of a block that has a polished surface that that paint wi 11 wash off. Mayor Pickar commended the City staff for their efforts in putting the report together. ile stated that once the grant is approved the paper wort really starts. 'layor Pickar also thanked Doug Bryant, Engineer Hubbard and ^,driin. ^;then for getting the report together. November 3, 1975 Page 5 M Motion by 'Mayor Pickar to authorize the Mayor to sign the application and forward it to the proper authorities. Attorney Meyers asked what would happen if theCity only gets part of the grant being applied for. Engineer Hubbard stated he did not think this would be done since the application says there will be 100% funding. Admin. Achen stated that in case there is some money left over, they may award it to the constituents without it being 100% funding. Attorney Meyers suggested that some additional wording be added to cover the possibility that we might get partial funding. Councilmember Baumgartner seconded tree motion. 5 ayes Administrator Achen suggested that wording be added to the architect's agreement that if the City receives only a portion of the Federal grant for which it has applied, this contract will be subject to renegotiation of terms. The Council and Mayor agreed that this will be added to the contract. MSP (Shelquist- Hodges) to authorize the Mayor to sign the agreement with the architect for the design of the building. 5 ayes REVIEW MOBILE HOME TIE DOWN PROPOSAL Administrator Achen stated that they have requested someone from the State Department to attend to explain the stage of development of State regulations on this matter. Administrator Achen stated he received a letter from Mark Haggerty, the attorney representing the mobile home park owners. In the letter he noted that the State Department of Administration's hearings have been continued and he requests that the Council forego final action on the portion of the ordinance that makes the tie downs mandatory. Richard Hauck, representing the Building Code Division of the State, gave the Council a copy of the proposed rules and regulations. He explained that the State law does not have a mandatory tie down provision. The rules spell out the methods of tying homes down and the support systems. Attorney Meyers asked what would happen if the City makes tie downs mandatory and if the State could testify on the City's behalf if necessary. Mr. Hauck stated that the City should probably state that the homes have to be tied down in conformance with the State rules and regulations. If it does not conform with these rules the State could deal with the problem. Councilmember Baumgartner asked if the State inspects work done by contractors in this business. qtr. Hauck stated that the State registers installers but do not have enough people in the inspection department to inspect every installation. The State simply registers the persons doing installation work. Attorney 'Meyers asked if the City issues a permit for mobile homes. Administrator Achen stated that the City does inspect the blocking system of mobile homes and also inspects new November 8, 1976 Page 6 installations. Attorney Meyers stated that the law was changed so municipalities do not have the right to license mobile homes. Attorney Meyers stated that since the Cities have the burden of enforcing the laws, along with that should go the license right to pay for this type of service. There seems to be a gap in the law since the State doesn't seem to have much authority either. Mr. Hauck stated that the Department of Health does license mobile homes. He also stated that there was an attempt by the Mobile Home Association to establish a license for installers in the last legislative session. This was set aside for further study. Mr. Hauck stated he would like to see every installation inspected but there are 5,000 to 7,000 installations throughout the State. Administrator Achen asked how long the public hearing examiner has to make a decision. Mr. Hauck stated there is usually a 20 day delay for further testimony. Mayor Pickar asked what other communities are doing about tie downs for mobile homes. Mr. Hauck stated that about six communities require tie downs. The City of Shoreview has made it part of a special use permit. Mr. Hauck stated he would like to see municipalities get more involved with mobile home inspection on things like sewer connections and gas lines. Mobile homes are inspected in the factory but transportation over the highways can cause leaks. Mr. Hauck stated that when this whole thing started, he assumed that the State would make tie downs mandatory. Attorney Meyers asked about having the owner supply the tie downs and the park owner supply the ground supports. Mr. Hauck stated that not every home requires the same position or number of tie downs. The configuration of one home doesn't match the other. Most of the tie downs can be taken out of the ground, such as the auger type, and can be reused. Mayor Pickar stated the Council has heard a large discrepancy in the cost of installing these systems. Mr. Hauck stated that it can cost from $150 to $400 to have someone else do the work. The home owner could do it for less. Mr. Hauck stated that some parks have a power auger and they put in the augers so the home owner could then buy the cables and attach them to the auger. Some park owners prefer to do this because then the home owner is not digging in places where there may be an underground gas or utility line. Administrator Achen asked if '1r. Hauck would have personnel that could conduct a seminar at each of the mobile home parks for the home owners so they can learn about tie downs and what is needed. Mr. Hauck stated that he could make up a list of the approved anchors and show the home owners what is available. Administrator Achen stated that the major concern is expense. If the City can provide some knowledge and expertise it will provide the home owners with the option of installing it themselves and saving money. November 3, 1976 Page 7 Councilmember Baumgartner asked who would make the determination about which type of tie down system is acceptable for a particular soil. Mr. Hauck stated that the soil condition, which is probably the same throughout Mounds View, is sand. Mr. Hauck explained that if the park has been in place for some time so the soil is relatively undisturbed, most of the anchors will work quite well. He then explained how the expanding plate auger works. Councilmember Baumgartner stated that there will probably be a problem with the people buying the lower priced auger whether it works in this soil or not. Mr. Hauck stated that test data has been sumbitted on which anchors will work in certain soils. Councilmember Baumgartner suggested that this information be given to the home owner before he buys the anchors. Mr. Hauck told the Council about a test they ran on an auger type of support. Mayor Pickar thanked Mr. Hauck for attending the meeting and stated he hoped the State will get involved in giving the City more authority with mobile homes. Mr. Hauck stated that the State Board of Health licenses mobile homes and his department just registers installers. He stated the legislature will probably look at this after January 1, 1977. Administrator Achen thanked Mr. Hauck for responding on such short notice. REVIEW COUNCIL WORK PROGRAM AND GOALS Mayor Pickar stated he talked about this with Admin. Achen since it has been a while since the Council looked at long range goals. Mayor Pickar reviewed the following suggestions to keep in mind: 1. Planing District 2 formal street plan and improvement project. 2. Long range capital improvements program 3. ,later and sewer rate study 4. Revise Chapter 6, Personnel, and bring into compliance with Equal Employment Opportunity Act (affirmative action plan) and Minnesota Fair Labor Standards Act. 5. Storm water drainage assessment policy 6. Debt management plan including update of 1973 Ehlers debt study 7. Update civil defense Emergency Plan Mayor Pickar stated that the long range capital improvements program needs to be reviewed again and updated. 'layor Pickar stated that these are some of the items he hoped to get involved in. Unless the Council establishes some criteria for long range plans they just go from month to month. Mayor Pickar said he would like some input from the public and would appreciate any comments. November 3, 1'76 Page 8 Councilmember Rowley stated that the public should be aware that the Council is thinking in terms of a two year program or longer and ask if they would let the Council know what their ideas are. Mayor Pickar agreed with this suggestion. ATTORNEY MEYER'S REPORT Attorney Meyers read Legal Opinion 76 -4 to the Council regarding the construction of the garage on an undeveloped lot. The legal opinion deals with the question of whether or not the building inspector can deny a request for the construction of a private garage on an undeveloped lot where there is no principle structure. Attorney Meyers stated that a garage is strictly an accessory use subordinate to the principle structure and that the City would not be found to be acting arbitrarily by refusing the issuance of a building permit for the construction of a garage building prior to a building permit for the principle structure. Mr. Hugh Dickenson, 8068 Eastwood, stated that he has had a home on one lot since 1959. In 1962 he bought the other lot. He applied for a garage permit and was told it was refused. He stated he has lost three days of work trying to get something done. He said he has a nice home and keeps the grass cut and looking nice. Mr. Dickenson explained he wants the garage to put his cars, lawn mower and other equipment in. Attorney Meyers stated he felt the City can refuse to issue a building permit and he feels the courts will uphold the City in this decision. Mr. Dickenson stated that one of the members on the Planning Commission has what he is requesting and asked why his request is being denied. Mayor Pickar stated that the other situation may only involve one lot. Mr. Dickenson stated that the Counci i is stopping the building of a home on this other lot and is trying to force him to combine the two lots, which would cost $400. Mr. Dickenson stated he has paid taxes on both lots and has paid all of the assessments. This property could be used for a house later and he sees no reason why he can't be allowed to build a garage on it. He stated he does not think the ordinance applies to this type of case. 'lr. Dickenson stated there is a three car garage on Red Oak Drive where a variance was given on the side property line. ir. Dickenson said he had to pay $50 for that legal opinion from the Attorney. He said he has planted trees and shrubs on the other lot and keeps it looking nice. Mayor Pickar stated that if only one lot was involved he could have a garage and asked why Ir. Dickenson would sell the lot with the garage on it. November 3, 197n Page 9 Mr. Dickenson stated that if something happened to him, his wife could sell it without having to pay more money to split the lots apart again. Ir. Dickenson stated he would put the garage towards the back of the lot. If someone wanted to buy the lot later he would also want the garage with it. Mr. Dickenson stated that the building inspector also wants him to take down his existing attached garage. Councilmember Rowley stated that a legal opinion was asked of the Attorney and she would go along with it. She would deny this request. Councilmember Shelquist stated that the Council has been faced with this problem a number of times. Councilmember Shelquist said that he was sure 11r. Dickenson's intentions were to do as he has said, but being on a different piece of property that is subject to sale at anytime, he could sell the home and move out of the community but maintain the garage for storage. He could also sell the garage to someone who could use it solely for storage or other uses. Councilmember Shelquist stated he feels it would be for the general good of the City to vote to deny a building permit for Mr. Dickenson. There is also the possibility that if the Council allows this one, someone else would cite it as a case and result as a problem. Councilmember Hodges agreed and stated that the only thing the Council can do is take the interpretation of the Attorney and keep the general policy we have. Councilmember Baumgartner stated that he can appreciate Mr. Dickenson's problem and intent to use it as a garage and storage of his equipment, but we have asked the Attorney to give an interpretation of the ordinance. If the Council did anything else, they would be violating the ordinance so he would go along with it and deny the application for a building permit. Mayor Pickar stated that it was then the consensus of the Council that they would uphold the interpretation of the Attorney. Mr. Dickens stated he would like a copy of these minutes along with the Planning Commission minutes of October 13th and 27th. Administrator Achen stated that since Mr. Dickenson did not apply for an appeal, by the law the action tonight is unofficial. Mr. Rose did inform Mr. Dickenson of the procedures to he taken for an appeal to the Council. Mayor Pickar stated that he told Ir. Dickenson he could come to the meeting tonight and possibly save himself S59 by getting a consensus from the Council to see if it would be worthwhile to file an appeal. Administrator Achen stated he would nail a copy of the minutes to Mr. Dickenson. Ir. Dickenson thankej the Council for their time, even though he stated he does not agree with their action, November 8, 1076 Page 10 ENGINEER HUBBARD had no report. ADMINISTRATOR ACHEN'S REPORT Administrator Acher, stated that the Council has received an opinion from the City Attorney regarding the authority of the Planning Commission and City Council in granting variances. This matter came up during the last subdivision application. Administrator Achen suggested that the meeting set for November 18 also be used to review the Metro Council's Modest Cost Private Housing Proposal report. He asked that each Councilmember make written comments on this so they can be consolidated and reviewed jointly on the 18th with the Planning Commission. This is an important issue to the City and may have some baring on our zoning and subdivision code. If the Council comes up with some kind of formal comments these can be submitted to the Metro Council for their consideration. Administrator Achen stated there have been a few instances where the City receives negotiable instruments from development firms as security for the development agreement. The most appropriate way to handle this is to deposit them in an escrow account. Administrator Achen recommended the Council set up a savings account at the bank and deposit these securities so they can draw interest. Once the agreement is made the City ran return the security along with the interest to the developer. These negotiable instruments are things such as certified checks or money orders. Admin. Achen stated that the vast majority of the developers follow the agreement and it is only fair to treat it this way. The City does have an existing savings account, but for bookkeeping purposes Admin. Achen recommended a separate one be set up. Attorney Meyers stated that the Council has adopted ordinances for many of the funds but this may be done by resolution. He feels this is more of a bookkeeping entry. Administrator Achen stated that if the developer does default and the City claims part of the money, it would go into the general fund. This doesn't need to he a separate fund, but simply an escrow account within the general fund. Administrator Achen suggested that since the Council has no objections, the Attorney draw up a resolution for the next council meeting. COUNCILMEMBER ROWLEY had nothing to resort. COUNCILMEM}ER SHELQUIST had nothing tc COUNCILME'IBER HODGES had nothing to report. COU!ICILMEMBER BAUMGARTiER had nothing to report. lovember 0, 1076 Page 11 MAYOR PICKAR'S REPORT. Mayor Pickar reviewed the Mounds Vi ew Police Department report for October. Councilmember Rowley asked if there was some way to see if the 23 people that got warnings for their dogs bought a license. Administrator stated yes. Councilmember Rowley stated she was curious to see what the follow -up is. Mayor Picker stated that he wanted to commend the citizens of Mounds View for the large voter turnout. Mayor Picker stated he received a letter from the Metro Housing Redevelopment Agency regarding the grant program: This will be getting under way shortly. MSP (Shelquist- Hodges) to adjourn at 10:00 p.m. 5 ayes Respectfully sumbitted, l {,a 1th: tit Mark Achen Clerk- Administrator