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HomeMy WebLinkAboutMinutes - 1976/12/13mbers CITIZENS PROCEEDINnS OF TIIE CITY COUNCIL CITY or MOUNDS VIE!! RAMSEY COUNTY, '1IflESOTA ayes aYes; regul me of t h e Flounds V e« Cit Coun was called to order !Mayo Pic ka r on De 13, 1 at :05 p at'lounds Viet: City 1 <1,, 2401 Hig Away 19, Mounds View, 91 551`12 Present: iayor rickar Also present: Clark -Admin Achen Councilmember Shelquist Attorney Meyers Councilmember Hodges Engineer Hubbard Councilmeniber Baumgartner Councilmember Rowley ouncilmember;Shelquist corrected the minutes to show that the, last entence of the first paragraph on Page 2 was a reply mady by Attorney e yers. The other four corrections he grade had already been taken care of by Administrator Achen. Shelquist- Rowley) for approval COMMENTS AND REQUESTS one appeared to speak. of the November 22, 1976 'mutes. l4SP (Baumgartner- Hodges) for approval of the December 5, 1975 minutes. Rowley abstained due to absence at that meeting. APPROVAL OF THE CONSENT AGENDA Mayor Picker asked that Iterr C. be removed fron the consent agenda. Councilmember Baumgartner stated that Item E. should now Le scheduled for 8 :30p.m. on Chapter 4 and that It^rr F. should now 1)e scheduled for 8:20 p.m. ISP:(Pickar- Shelquist) for approval of the following consent agenda item with the exception of Item C. ITEM A. .Adopt Resolution No. 711 alerovin s;�t, division of lands to be known as Leroys "Idi ti on r ITEM B. Adopt Resolution 'fos. 71 -7 ^1 rea)?ortioning assessments for the following subdivision resaectiv21: Dalbere's Sunnyside Estates; Arthur "oschkau, 133^ Lon] Lake Poe]; David C. Fiedler, 8140 Eastwood Driva; Jac': :;ruron ^rovel. and Road- Addition. 5 ayes ITEM r, Decent or ITEM 0. Set nu"lic hearing on 'toe Hnrirstead Addition preliminary nlhi for 1:1n p.m., "ondaV, lanu r 10, 1' EM E Set public hearinn on proposed revision of Chapter 40, o ping Code, for 8 :30 P.m., HondaY, January` 10, 1977.1 ITEM F. Set public hearing on I:enneth'A. 3onin, 33ROs Pleasa heir rive, appeal of Planning Commission denial of variance request to rest an 'oversized, garage for 8:20 p.m. 'londa;; Jar)uary 10, 1977. ITEM P 1n77, Approve the following licenses: SlacF topping new Central Allied L'1 acktoppi ng 10250 Xylite Street M.E. Minneapolis, '11 5543A Excavating renewal Schulze Excavating nradinq 2925. -166th Lane N.E. Anoka, MI 55373 Page Heating -new Iloval dt !lobi le Howe Service P. 0. Box 324 Stillwater, '11 55002 General new ,ferry's Horses 3020 Quincy Street M.E. "1i nneapol i s "1 ?l 55432 Approve the December 11, 1976 bills for payment. Item lc. ;,was _then discussed. 350 cubic inch V3 and if we could jet by with a smaller VS. Engineer Hubbard explained that this trick will be used by the Water Departrient and he would have to check this out with Larry. The truck will be used for hydrant repair, flushing and inspection of construction. The truck would be used to pull tie hydrant pumper. Mayor Pickar asked why a chrome front bu ^i?er is !)eing asked for. Engineer Hubbard stated that a chrome hurr.)er wouldn't rust out. Councilraember Ga.umgartner questioned t',ie need for a r0 amp alternator. Engineer Hubbard statel again t'iat he have to e'ieci: v,ith the Mater Department. MSP (Pickar-Baumgartner) to a;)prove tii i ec i fi cati ons for the 'z ton pick -up as presented, ho"'ever that t!i "dmi,iistrator check into the possibility of reducing the specifications to a smaller V3 and tiie possibility of gattinu ''i ti"out the 'ieavy :1ut' alternator. "ayor Picker asked why we would need a PRESE"1TATIO'1 n1 ASSOCI "TIn1 nr '+rTn'iP'iL iT^•! "UMICIP!'.LITIES ''r''SE?S!',IP SY Vern PETEP.S0'1, EXEC!1TIVE '?I ^ECTV^. 'lr. Vern Peterson introduce;! er f:terson .,'io is t',e 01rector of Legislative ".ffairs an t')-• Mayor of uttdJ e 'Move. sir. Vern Peterson than oresente a a 'id ar sentati o'1 to the Co iinci 1 `!)i c') outlined .hat the "association of "etro;'ol i to t uni ci,ial i .i _es does for its nem',,ers. 5 ayes DecertLcr 11, 1 ^7r Page 3 Mayor Picker asked what the rmii ership was. Vern Peterson stated that 5h municipalities belong to the AMM and in those rr, municipalities, 8n% of the metro population was represented. Doti 'linneapolis and St. Paul are °included. The dues are i,n% of a rlunicipalities State dues. Mounds View's dues would then be ''1,34 per year. Vern Peterson explained that they operate on a fiscal year from June through "ay. Vern Peterson reviewed the surrounding comnunities that belong to the AM11. He explained that about two years ago the Metropolitan League of Minnesota '•iunicipalities and the Suburban League nerged and was renamed the :Association of Metropolitan 'Municipalities. Membership to the A'1'1 is conditioned in that the municipality ,)u3t also belong to the State League of Minnesota 'Municipalities. Councilmember Baumgartner stated that Steve 3ernard, of the AM11, gave a very good presentation before the Metro Council on their Modest Cost Housing Committee '?eport. Vern Peterson stated that the A1111 vary carefully reviews everythinj that the Metro Council is involved t<:ith. They also monitor the subcommittee meetings. Roger Peterson explained Viet the ,!1" tries to get as many of their members as possible appointed to the advisory committees. Vern Peterson then r e' ed the staff of t'ie and how they and their Board of Directors !wort: on a liven natter. He ex-'l ai ned that before he can lob':." on an issue it has to he alProv d by the Board �f Directors or the mem! ershin. It re uires a ?/3 najority of the membership to approve a nolic". Roger Peterson stated that it is ^n l on 'er a si t'Iati on ,h t core cities versus the su!3' rn! +1!Initi s, !Js'lall" it is the cities versus the 'Metro Council. Vern Peterson explained that '?ac'1 city has at least ollc vote. Lt. Paul has six votes and '!inn2adoli 7JlooLlnjton has votes. Tha number of votes is i:'ic: p3,)ul ati 01. T'12 J023 sug3 =st that Oach cit y re)rescntative. and one alteraat2. a;-'or Pichar that,!!.ed alit1 ".:r' ',_L:rsoil for co;iinj to .1c ..1::etin]. At 2:5J p.r!. '7ayor Pici:ar called to order the public .i ^d1 "1:.'; an rrn2st 7+ustafso:i razonin i and J L.\,l a1 M U 'JC 1.11 L. Y zi :.3 Jam: :J V to :,,a ic 1 Plat 51oc'-. r1r. r ustafson stated that t'lei r arc'1i tC_ct Tas Oil 'Jacation. He than reviewed their rnpo ;a1 'x ?1 d ir:e'' that to t i• 3Y" with the owners of the 'loos a the development. They agreed with having three townhouse buildings with three units in each, or a total of nine u;.its on Lots 4 -7. A petition was signed designating only six townhouse units on these four lots. December 13, 1 ^7!' 'Ir. Gustafson explained that they do not plan any buildings on the lots next to Gel Tae because'' Tony Jambor of ho "el ?ae i concerned that the' people that ;ould live there `4;o u1'd col�ip about noise from the Ballroom. He stated that he would like all the lots to be rezoned R -3. '1r. Gustafson explained that hi request nor•' vas to zone part of the 'property as R -3 with'a'.special use permit_' that designates to��nhouses not being owner- occupied. The ot'ier four "lots next to the, single family tomes they woul d l i k e to be zoned R -1 with a special use permit for townhouses that are owner- occupied. The reason for having these`owner- occupied' is because the people in the abutting houses would rather have this. the configuration of the townhouses. Counciltnernber Shelquist asked what !1r. Gustafson's- intentions were fo the open area shown on the plan. 1r. Gustafson stated that it will be used for whatever the architect cones up with. Councilmember "Shelquist stated that Air. Gustafson was the developer and the architect would do whatever he is told. Councilneenber Shelqui.st asked "if it would Le developed into a facility for the people living there. '1r. Gustafson stated that he hadn't given it much thought because even the other buildings may be changed sone- what. He stated that this area would probably be used as a play area for the childrer. Councilmemher 3aumgartner questioned the type of buffering that would be used between this prodert: and the single family homes. Ir. Gustafson stated they would put in a re d ;ood fence or whatever the Counci 1 and horieowners want. Mayor Picker read a letter received from Tony Jambor of the 3e1 iae in which he felt the far south portion of this land should be zoned nonresidential. Ir. Gustafson stated that he mould like that area zoned 7-3 because included in the uses for this zone are urivate clu!s, like the Lions Club and he would like to ';ui1d a Luildio2 of this sort. Councilnember 3aungartner stated was of the opinion that even though townhouses are not shown on this area, t''ov are still being planned. He pointed out that, i f a cl u" was !;u t thera, i t would probably have a liquor license and -o ld also cars parked ric,ht in the townhouse develo ;.ent. He stated that the developer has never indicated any plans for this area. Councilrienbr !!ociJps s!.Igeest that a snail siness office, such as an insurance offic or s•.,, ethino that is a da' use he planned for this area. Cecen ber 13, ln7r, Page Stu Rothgeber, 5 "1') reenfic1d, stated that whey n cluded those four lots to the south because it's difficult to upgrade the zoning and if they find a use for it they could go ahead. }!e stated that they do not i ntcnd to put townhouses in there hecause they know this ►iroul d never. i.?ori. Rothgeber stated that if this is going to be a big 7rol.lem the Council could del o_te those four ''lots from the request. n n t,tarney Meyers explained that the developers would have to brin.5 lans`and enter into a development "contract. On the lots to the orth that are to be owner- occupied, the developer would have to ,..hat those individually. Mr.' Rothgeber stated that he understood this. Attorney "Meyers also explained that the Council could give a conditional rezoning which could be conditioned on the developer bringing in tho plans within ;gn days or it would revert back to-the original zoning. `1r. Gustafson stated that the Planning Commission suggested they be given six months, Mayor Pickar asked for comments fro,► the residents. Gary ,Sward, 7544 Greenfield, stated that no one talked to him about this development proposal. John Brown, 753O Greenfield, stated that he was not contacted either. He stated that he did not like the idea of having townhouses just behind his house on four lots. Gary sward stated that the }1clui res, who live on the south end, are ill tonight and couldn't cor.ie but they have not been contacted either.` i1r. "Rothgeber. stated that they were here tonight because of a petition which was signed by 5 of the abutting land owners. Attorney Meyers explained that they were here on a request to rezone and they needed a petition to qualify for the hearing. Administrator Achen read the petition. Helen Houle, 7543 Edgewoo-1, stated that they were contacted, but they were told the proposal was for two -three unit buildings, or six units. She stated that she dic, not sign the petition. Councilmember Baumgartner asked if the people that signed the petition were 'aware that the request was no' for nine u; ►its instead of six. Ir. Rothgeber asked if this really mattere. ';ounci 1°,►en,2er 3aumgartner stated that if he had signed t'1 o 'eti ti on it mild Natter to him. Administrator Achen reviewed th >eople t'let signed 7etition. There were 5' of the asjoining Jroperty owners that sinned the petition so it did meet the ordi nai1ce re iui rcments. T1 s petition allows this clatter to '''a consi within r Months of Wien the rezoning was originally denied. Mayor Pickar stated that since t'l2 "or.li ng of the petition has been changed he did not kno if this es a 1 e3al heari n ",ttorney "eyers ex'lained that t',e petition granted them t'ie. right to have a hearing and th, ''ounci 1 wall d 'have to loci d2 on t'►, w:i j "t the_, December 13, 1976 Page 5 giant to give to the language in the petition. Mr. Si'ard pointed out that there vas net one signature on the petition frori any abutting home eowners. The petition was signed by commercial property owners and the apartment owners. Mayor Picker asked if the hone owners had Le.en talked to and an agreement arrived at. Mr. Rothgeber stated that he talked to Dick 'iosman, who represented the home owners. Dick 'iosman, 795 Greenfield, stated that he and mr. Rothgeber did talk but did not agree upon anything. He stated that this is not the first time there has been a conflict in the application and pre- sentation. The Council has made suggestions to the petitioners but they keep coming back with the same thing. Mr. Mosman stated that he did not intent to commit his neighbors in any way. He had said that he would discuss any agreement he and `1r. Rothgeber reached with his neighbors but they didn't reach an agreement. 'ir. Mosnan suggested that the Council reach some kind of a compromise since the developers would not loose that much none;; by reducing the units somewhat. The property abutting the single family hones could be developed into hones too. Mr. Rothgeber stated that the City spent many dollars for the comprehensive plan which shores this area as a medium density zone, which has been construed to be six unit buildings. Mayor Picker stated that he hoped something could be done that is in agreement with the homeowners. The comprehensive plan does show that area, as medium density hut the Council must also consider the health, safety and welfare of the adjacent nronerty owners. Mr. Gustafson stated that the Plannine Commission ap�roved town- houses over that whole area, not single family houses. Councilmember Shelquist stated that this matter "as before t"e Planning Commission on November 10. Mayor Pickar stated that the Planning Commission approved the concept, of owner occupied townhouses on Lots 4 7, but an R zone does not require owner occupied. There would have to be a special use permit. John nrown stated that if the Commission had seen plan.; showing si ig1a fa,lily .ialli i s ,robaL1_ 0Ad have approved it. Councilnet:ber �i lq�isf a "losfian stated Mat Vic conipre)ensi v? )l an is not iii ndi nd, it is just sugg°stions that the co'inci1 nay want to take into consideration. Mayor Pi clear state net it was !aoru than this !ecaa3e it was ado )t d by t' c City and it is t,i a ouaci 1 ';as loci tied to develop the City. December 13, 1976 Page 7 Councilmember Baumgartner reviewed several sections of the Comprehen- sive Plan which indicated that residential neighborhoods must be protected from commercial and multiple dwellings. Mr. Gustafson stated that there was commercial and multiple property all around those single family homes. Mr. Rothgeber stated that they had gone before the Planning Commission with double bungalows on those lots, but the Commission wanted it to be under a P.U.U. so the rest of the property was included. Mr. Gustafson stated that because this proposal has taken so long and has still not been approved he will have to pay another $10,000 for next year's taxes. Mayor Pickar explained that the request was first denied because of the high density, then the fourplexes were denied because of density and now this proposal has an even higher density. Mr. Rothgeber stated that houses cannot be built in that area because mortgage companies will only give a commitment of 40% to 45 Usually they will give an 85% commitment. Helen Houley stated that she would like to see the minutes from the hearing held in May on the double bungalows. Mayor Pickar stated that the minutes were available at the City Hall. Councilmember Shelquist stated that he was serving on the Planning Commission when the comprehensive plan was being worked on and had moved up to the Council when it was adopted. He stated that he felt the City goofed on the plans for that property because they didn't look enough in detail at the recommendations made by Midwest Planning. Councilmember Shelquist stated that they did not consider the eight single family units. That area should not have been designated for multiple family. If it was all empty land it would be logical to have it R -3. The Council is not in a position that, because of the R -1 property, they would be creating a spot zone. Councilmember Shelquist stated that he did not see anything in the development plans being proposed that would entice someone to buy the R -1 located owner- occupied townhouses. If these buildings are built they would probably become renter- occupied because they will not be sellable. There are no swimming pools or tennis courts being proposed. These things probably cannot be developed either because of the density. The petition was entirely signed by people in that area with multiple or commercial property that had nothing to lose by the rezoning. None of the people affected by a rezoning signed. Councilmember Shelquist reviewed the approximate land valuations of different zoning districts and stated that the Council would be increasing the value of that land by 50% to 100% additional by rezoning to R -3. He stated that this could be done it if was raw land but the Council must consider the existing single family dwellings. Councilmember Shelquist stated that he felt the existing home owners would accept December 13, 1976 Page 8 a proposal for single family homes directly behind their houses with R -3 zoning on Lots 8 -23 and a buffer inbetween. Councilmember Shelquist stated that this would also be acceptable to him, but the currently proposed plan' is not. Councilmember Hodges stated that he felt the lots south of the existing homes could be zoned R -3 tonight with Lots 4 -7 left as R -1. This would allow the developer to start. Councilmember Baumgartner stated he agreed with,Councilmember Shelquist except on a few things. The comprehensive plan does show this area for medium density use. If the City did goof it was in the fact that we should have provided an R -1 strip around the existing R -1 area. There should also be some buffer between the existing R- 1 '!and the proposed townhouse development. Also, the petition says one thin a another thing is being proposed. Councilmember Baumgartner wondered if the people that signed the petition would have really done so if they knew the request was for nine units instea of Councilmember Baumgartner stated he would like to see a g ood development plan by an architect that would sign his name on it and which i the south end of the property. Councilmember Rowley stated that she agreed with Councilmembers Shelquist and Hodges on the idea of the north section being R -1. The comprehensive plan addresses itself to providing some type of buffer and on transitional zones. Councilmember Rowley stated she would go along with R -3, but the north end should be R -1. Mayor Pickar stated he was getting tired of having the Council being accused of stopping the development of this area. Everytime this has come before the Council, the Council has made suggestions that the developer should meet with the home owners and reach an agreement. This still has not been done. The Council is delegated the responsi- bility of protecting the health, safety anc welfare of the residents of Mounds View. This proposal would isolate the home owners. At 10:05 p.m. Mayor Picker closed the public hearing on this matter and called the regular meeting back to order. MS (Hodges- Baumgartner) to change the zoning on Lots 8 -13 and 18 -23 from R -1 to R -3 and grant a special use permit for townhouse develop- ment on said lots. Lots 14 -17 and 4 -7 will remain R -1. No special use permit shall be issued for owner occupied townhouses on those lots. All of the property is located in Greenfield Plat 2, Block 3. Attorney Meyers reviewed the ordinance regarding the time limit and stated that the ordinance says conditional rezoning requires the developer to submit adequate materials for issuance of building permits within 90 days. Councilmember Baumgartner stated he would like to see Lot 23 as R -1 because it is alongside an R -1 lot. By not rezoning the south four lots we will be in the same situation we are in now because the people renting the new townhouses will be told the property is R -1 and then the developer may build a club on it. If 11 is zoned R -3 they will know what can be put in there. December 13, 1976 Page MS (Baumgartner- Hodges) to amend the motion so that within 90 days the Council will receive a development plan which satisfies the setback requirements of the zoning ordinance and is signed by a certified architect. Councilmember Shelquist stated that he did not consider these to be townhouses unless the intent is to subplat the R -3 area so the property sellable. Atty. Meyers stated this proposal may require some platting to permit the construction of townhouses on R-3 land. The amendment does what the ordinance says it must. Councilmember Shelquist asked what would happen to the zoning if the does not come back with plans within 90 days. Councilmember` Baumgartner stated that the zoning would go back to R -1. Admin. Achen stated that it is the developer's responsibility to find out what the best use for that land is and suggested that the Council require the developer to submit a new proposal solving the problems that have been raised at this hearing. Councilmember Shelquist stated that the Council is discussing the zoning and the limits they will go in rezoning this property. Councilmember Baumgartner stated he would vote for the amendment but not for the original motion because he felt that the south four lots should not be R -1. Councilmember Baumgartner withdrew his amendment motion. Councilmember Hodges withdrew his second. Motion by Councilman Baumgartner to amend the original motion that Lot 23 remain R -1 and that Lots 14 -17 be included in the R -3 zone. Admin. Achen stated that this amendment may be a substitute motion. Atty. Meyers agreed. Councilmember Baumgartner withdrew his amendment motion. Mayor Pickar stated that the original motion would require a 4/5 vote to pass. Roll call vote: Councilmember Councilmember Councilmember Councilmember Mayor Pickar, Shelquist, nay Hodges, aye Baumgartner, nay Rowley, nay nay Motion failed. MS (Baumgartner Shelquist) to rezone Lot::, 8-22 to R -3 and that Lots 4 -7 and 23 remain R -1. December 13, 1976 Page 10 Councilmember Shelquist stated he disagreed with the idea of leaving Lot 23 R -1 because it will either remain vacant or, it built on, the owner will be no better off than the existing residents. There are setbacks provided for in the zoning code, so the Council has given protection unless there is also a nonbuildable buffer zone. MS (Shelquist- Rowley) to amend the motion to include Lot 23 as an R -3 zoned lot. Atty. Meyers stated that if the motion does not include the townhouse development the developer would have to get a special use permit at a later time. If the motion says townhouses, only townhouses can be built. Councilmember Baumgartner stated he asked that Lot 23 be R -1 because there is a single family home right next to it He felt the owner of that house would object to having a townhouse right next to him. Anyone buying Lot 23 will know there is an R -3 lot right next door. Admin. Achen pointed out that if Lot 23 was zoned R -3 it could be included as a buffer, but not if it is zoned R -1. Roll call vote: Councilmember Shelquist, aye Councilmember Hodges, aye Councilmember Baumgartner, nay Councilmember Rowley, aye Mayor Pickar, nay MSP (Shelquist- Hodges) to amend the motion to grant the request for a special use permit to build townhouses on that property and give the petitioner 180 days as recommended by the Planning Commission, to submit the plans for the development, and to negotiate a development contract and post bonds as required by the contract. Roll call vote: Councilmember Councilmember Councilmember Councilmember Mayor Pickar, Roll call vote: Councilmember Councilmember Councilmember Councilmember Mayor Pickar, Shelquist, aye Hodges, aye Baumgartner, aye Rowley, aye nay Motion to amend failed. Motion to amend passed. Atty. Meyers explained that the motion now on the floor would zone Lots 8 -22 as R -3 and Lots 4 -7 and 23 would remain as R -1. Admin. Achen suggested that Council make some kind of finding on what the development should be on Lot 23 if it is to be zoned R -1 and not developed as a single family home. An R -1 zoning does not prohibit townhouse developments. Shelquist, nay Hodges, nay Baumgartner, aye Rowley, nay nay Main motion failed. CouncilmembersShelquist and Rowley stated they voted nay because of Lot 23. December 13, 1976 Page 11 At 10:45 p.m. Mayor Pickar recessed the meeting. It was called back to order at 11:10 p.m. MS (Pickar Hodges) that Lots 8 -23 Greenfield Addition Plat 2, Block 3, be granted a conditional rezoning from R -1 to R -3 on the condition that townhouse units be developed thereon by special use permit and that the developers enter into a development contract with the City. The Council finds that Lots 4 -7, Greenfield Addition Plat 2, Block 3, shall remain R -1 single family residence district and used only for single family detached dwellings becuase the single family dwellings located east of these lots would be adversely affected by any other use of said land. Roll call vote: Councilmember Councilmember Councilmember Councilmember Mayor Pickar, Shelquist, aye Hodges, aye Baumgartner, aye Rowley, aye aye Motion passed. Atty. Meyers alerted the developer that if he sells to another developer they should know all of the conditions of the approval. Mayor Pickar stated that in putting together the development contract, part of Lot 23 will be used as a buffer zone for the residents. Councilmember Shelquist stated that part of Lot 8 should also be a buffer, as well as parts of Lots 16 and 17. At 11:15 p.m. Mayor Pickar opened the public hearing on proposed revision of Community Development Block Grant Program. Admin. Achen handed out the staff recommendations and explained to the Council that HUD is requesting Mounds View to amend their budget to separate out the administrative costs involved in the grant program. The staff has identified about $3,500 as administrative costs out of the $25,000 grant. No action is required tonight because this matter requires two hearings. Mayor Pickar closed the public hearing at 11:20 p.m. REVISION OF CHAPTER 43, MOBILE HOME REGULATIONS Admin. Achen reviewed the proposed rewording and stated that this would require all new mobile homes installed in a park after March 31, 1977, to have a ground support system and tie downs. Mobile homes installed prior to March 31, 1977, must have a ground support system and tie downs no later than September 30, 1978. Mayor Pickar stated that this change would affect about 800 home owners in the City and a public hearing should be held. There could be a lot of repercussions if the City does not hold one. Administrator ",then stated that the Council nay grant to adopt regulations for mobile homes now and adopt the tie down standards when a public hearing has been held. Ile had hoped to make the news paper reporter aware of this tonight so it could have been published. Couneilmember Shelquist questioned the last paragraph which requires a building permit. He asked how the value of this type of work would be determined. Administrator Achen stated that the same measures of value would be used as for other permits. This would probably be a minimum permit. Councilmember Shelquist suggested that the building permit requirement be put in Chapter 59. Councilmenber Baumgartner asked if the City would be putting them- selves in a liable position by getting involved with requiring a permit, since the City inspector will have to say if the tie downs are correct or not. Administrator Achen stated that the same thing happens when other permits are taken out. The ordinance would not be any good if it does not require the work to be inspected. Attorney Meyers stated that there is liability if the inspector is negligent in his work. Councilmember Baumgartner asked how the Cit! would test the tie downs to see if it will hold. Attorney Meyers stated that the City does not have to do this. The Cite would be responsible to see that the state requirements are folio'red. This is the inspectors job. MSP (Rowley-Baumgartner) to set a public hearing on January 2n, 1977 at 1:31 p.n. for the tie clown provision in Chapter 43, with posted notice in the trailer courts. 5 ayes December 13, 197 Page 12 Administrator Achen asked what the Council e'ould like the staff to do in way of preparing something about the standards. Councilmember Baumgartner suggested that someone from the State department attend the public hearing to answer nuestinns. "el inistrator"rchen stated that the State standards have not been adopted yet. Counci1meiher Baumgartner asked if this matter could '.e 'field over until the standards are a ^^rover! State. mayor Picker suageste_d that the public !i'arine be set for •lanuar' 2 and the Council can disru;s "pis further on aanuar" 1 when the;! will not more about it. JOINT PO WERS AOREE'?E1T FOR CDDPE2",TIVE ".TA PROCE:3Sid G' ?STE" A. n i strator ".then e;cdl a i ne.G' that t h i s agree ,Lnt Lill es;.aul i s'i a joint data processing syste., .''iich ;)urc co::)ut::r tile. and services from ^amsJy County. 0 December 13, 1f177 Page 13 Attorney 'Meyers stated that the agreement seems alright. 1!3 teen reviewed several portions and the budget provision. MS (Pickar- bodges) to authorize the agreement_ and designate the City Administrator as representative and the Assistant Finance Director as the alternate. Councilmember Shelquist stated that with this agreement, the only means of protest is for the City to withdraw from the membership. He stated that the day may come when Ramsey County no longer lets the cities use their conpr'ter and, the cities will have to buy their own computer. If :founds View joins they \could have to pay for this capital equipment. Councilmember Shelquist stated he objects to getting into a situation where the only tray to get out is to with- draw and forfeit that capital equipment. Mayor Pickar asked what else could be done and if the City should be able to sell their share back if they want to withdraw. Councilmember Shelquist stated that this might be possible, that the Association must buy Lack the dep reciated portion. 'Mayor Pickar stated that if this was done, th_ other Cities left in the Association would have to cover this cost. Administrator Achen suggested that wording be added to the agreenent that says no data processing equipement can be purchased by the Association. Councilmember Shelquist staced that if they are forced off the Ramsey County computers it may be cheaper to purchase their own computer. Councilmember Baumgartner stated that the person._ that made this pre- sentation said that by adding these five or six communities onto the computeir only 1/2,111 of the total capacity would be used There would not be any sense in this Association if there was a possibility of being kicked off the computer. Councilmember Shelquist questioned the employee situation. dministrator Ichen explained this to the Council. No stated that whatever changes made in this agreement would have to be negotiated with all seven members. The current agreement assume that there will not be any equipment acquired. Mayor Pickar suggested that the agreement state that 2/3 majority of the membership has to be in favor of purchasing capital equipment. Councilnember Shelquist stated that there is still t'ie problem of having to withdraw in order to protest a budget. Mayor Pickar withdrew his _motion. Councilmember dodges withdrew his second to the notion. Mayor Pickar asked the Administrator to renegotiate the points that the Council has discussed in order to hive the City more options and report at a later date. December 13, 1975 Page 14 ADtMINISTRATOR ACi1Eil' S REPORT Administrator Achen stated that the '.l dger Addition plat has been received but the Staff.has not had time to review it. He stated that the Council could give approval of the final plat subject to staff approval. Councilmember Shelquist asked if there would he a hardship in holding this matter for one week until the staff has looked at it. Admin. Achen stated that he did not know. !S (Baumgartner Pickar) to adopt Resolution No. 789 approving the Widger Addition.final plat conditioned upon the engineer reviewing and approving it. Councilmember Shelquist stated that he suggested this matter be held to next week to adhere to getting the review of the staff first. He does not see any hardship since the council will be meeting again next week. 4 ayes 1 nay Administrator Achen stated that he had prepared an ordinance to change the starting time of council meetings from 3:99 to 7 Elayor Pickar explained that this is being done to try to end the meetings earlier. MSP (Pickar Hodges) to adopt Ordinance No. 258 changing Council meetings from 8'•00 to 7:30 p.m. beginning January 1, 1977. Administrator Achen stated that the City has tentatively been awarded the 175,000 grant for additional park property for the Silverview Park. The City has to come up with the balance of tee money. One way to get the money is to make a cash payment fron a direct sorce such as revenue sharing, which the City has not received yet. Another eas is to special assess part of the cost if part of the land can be used for detention base for the storn drainage. The third way is by donation by the property owner on the basis of credit for future park dedication. Before a decision is made of which .'ay to go, we have to kno'i hoe the storm water holding pond will be. Administrator Achen stated he Mould like authorization to have the Engineer meet withEannister F_ Shore, the park director and the landscape architect to design that storm water holding pond. Until this is done ::e do not know what land to acquire. Mayor Pickar stated that there have not been any public hearings or public input on this natter. Administrator Achen explained the lay of the land in question. Attorney `levers stated that the only tray the City can assess their portion is under the 429 proceedings, which is storm sewer. In order to do this, hearings would have to be held. Then it could be added as a construction cost of the overall storm sewer. 5 ayes December 11, 11 Page 15 Administrator Achen stated that part of the land has been surveyed tut the City does not have anything on the lot land, which is unplatted. The low area can be developed as a storm detention for less money than the higher land. Administrator Achen stated that he has not filled in the application yet because we do not know what property will be acquired yet. Councilmenber Shelquist suggested that the 1dminister ask Bannister Shore what it Mould take to give the City a small study that indicates the information we are looking for and the Council can authorize a resolution to expend those funds next 'londay. Administrator Achen stated he would like to meet with everyone because the City is paying the landscape architect less. Administrator Achen stated that he would get quotes from Comstock Davis to see what needs to be done to get the information we need. ATTORNEY 11EYERS had nothing to report. ENGINEER HUBBARD'S REPORT Engineer Hubbard reviewed the status of Mounds View's grant application with the Public :forks Employment Act of 1976 and stated that we should find out the oatcome in the next few days. C0UMCILME116E1 SHELQUIST'S REPORT Councilnember Shelquist reviewed 1 a matter that cane up before the Planning Commission as a "nonfee item and sone of the problems involved with it. COUNCIL'1EMBER HOD'ES had nothing to report. C0UNCILME11BER BAUMSARTNER'S REPORT Councilnenber Oaumgartner stated that the skating rinks would be opening on December 1^ti, weather permitting. Administrator Achen stated that the new hockey boards were up at Lambert Park. T'ese boards will he removed during the summer and maybe used as a fence for the ballfield. COUMCILMEMDER R01'LEY'S REPORT Councilnerhber Rowley stated that there is one vacancy on the Lakeside Park Corinission. "1SP (Rowley- Shelquist) to appoint Jerre Linke to fill the vacancy on the Lakeside Park Comni5sion. Councilmember Rowley stated that the C`1v rskate ^.ac= yill be held on January 9. 11AYOR PICKAR'S REP!1RT mayor Pic!-ar statel that mo+inds "i had not been picked as one of the communities for the testing b the Minnesota fner ^.y RroencL'. mSP (Shslq! list- 'airlgartn ^rl to a :l ,1C'lr`h t' 1'1 ^etj`1^ at 12: 7 2.m. 5 ayes 5 ay ^S