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HomeMy WebLinkAboutMinutes - 1977/03/14 r 711j..m PROCEEDINGS 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 at 7:30 PM, March 14, 1977, at the Mounds View City Hall, 2401 Highway 10, Mounds View, MN 55112. Members Also present: Mayor Pickar present: Clerk Admin. Achen. Councilmember Ziebarth Engineer Hubbard Councilmember Rowley Attorney Meyers Councilmember Baumgartner Councilmember Hodges MSP (Hodges Baumgartner) to approve the minutes of the February 28, 1977, regular meeting. 5 ayes CITIZEN COMMENTS AND REQUESTS: Allen Zepper, 5255 Irondale Rd., requested a Council INTERPRETATION OF THE CITY ORDINANCE REGULATING FENCES AROUND SWIMMING POOLS. A citizen had approached Mr. Zepper with the idea of erecting a 5 foot fence around his entire back yard and connecting with the house and garage, thereby hoping to satisfy the ordinance requiring a 5 foot fence around swimming pools. Mr. Zepper stated the Building Official had taken the position that this would not satisfy the code requirement and that a fence directly around the pool would be required in addition to the fence around tho yard for safety purposes. Councilmember Hodges stated that there are cases where the City has allowed the one fence around the yard. However, there is the safety factor to consider what if the owner leaves the garage door open and while he's gone neighbor kids wander into the back yard and into the pool? Councilmember Ziebarth commented that the major thrust of the ordinance is for safety purposes. The ordinance was designed to provide as safe a pool as possible. He asked what accesses there are to the pool in question? Mr. Zepper indicated the accesses would be a patio door and garage door only way to pool is through the house or through the garage. Councilmember Baumgartner stated that he feels the ordinance has been satisfied with the fence around the perimeter, 5 feet tall. The purpose is safety for children, but the City has done all it can to satisfy the safety requirements. It is up to the homeowner to have some sort of mechanism to lock the doors so that a child cannot unlock it. Councilmember Rowley agreed, stating that the City can go only so far in protecting the homeowner from himself. The perimeter fence complies with the ordinance by keeping neighbor- hood children out as long as it is securely locked. Councilmembers Ziebarth and Hodges and Mayor Pickar agreed that two fences is not necessary. Mayor Pickar stated that the City has to follow the ordinance to the best ability, otherwise the March 14, 1977 Page 2 City may be liable in case of accident. Mayor Pickar stated that he would talk to Mr. Rose, Building Official, tomorrow and get back to Mr. Zepper. Councilmember Rowley added that if the perimeter fence is to be a multi -level fence, the higher level must be low enough to the ground so that a child cannot crawl under. She also stated that her interpretation of the locked gate requirement is the use of a padlock on the entrances. Mayor Pickar acknowledged the presence of the GIRL SCOUTS at the meeting and commended their interest in local government affairs Mf;P (Ziebarth- Rowley) for approval of the CONSENT AGENDA. Councilmember Baumgartner questioned whether the amusement devices were the pinball type, location and whether there was any supervi- sion of the devices? Admin. Achen responded that the devices have existed for some time already. The application indicates they are not the pinball type. The devices are located on the northwest leg of the shopping center by a vacant store front. Council questioned whether all the devices at the shopping center were included under this license? Admin. Achen responded that staff sent a letter to the manager of the Mounds View Square Shopping Center informing him that the machines were in violation of the amusement devices ordinance and asking him to make the appropriate application. Their response is the request in front of Council tonight for six devices. Vote on the motion to adopt the following consent agenda: 5 ayes ITEM A. Appoint Mike Elleson and Mark Prange as part -time, temporary Recreation Leaders II to be paid at the rate of $3.00 per hour. ITEM B. Adopt Resolution No. 811 reapportioning assessments for the Greenwood Terrace (Garnet Nelson) major subdivision. ITEM C. Authorize solicitation of bids for insurance of city risks (worker's compensation and employer's liability, public liabilities, property, and loss of income and extra expense coverage). Bids shall be accepted until 11:00 AM C.D.T., Tuesday, April 19, 1977. ITEM D. Approve March 14, 1977, bills for payment. ITEM E. Approve the following licenses: GENERAL CONTRACTORS new Capp Homes Div. of Evans Products 3355 Hiawatha Ave. Minneanolis 55406 Gill Hummel 8729 Central Ave. N.E. Minneapolis 55434 MASONRY new Englert Cement 7948 Douglas Drive Brooklyn Park 55443 March 14, 1977 Page 3 EXCAVATING new Floyd Hoskins Construction Co. 620 123rd Ave. N.W. Coon Rapids 55433 AMUSEMENT DEVICES new National Amusement Company for six general devices at 6501 Cambridge St. the Mounds View Square Minneapolis 55416 Shopping Center APPOINTMENT OF HUMAN RIGHTS COMMISSION MEMBERS Mayor Pickar stated that at the beginning of this year when commission appointments were made, Council erroneously left off the name of Dwight Kasperbauer as a member of the Human Rights Commission. Four of the 7 positions were filled at the beginning of the year. Since that time, the Commission has been trying to fill the vacant positions with senior citizens and some high school students. The Commission is in the process of apportioning some money to needy senior citizens for energy conservation in their homes and hopes to use students and senior citizens to find people who need it the most. We now have more applicants for the vacant positions than vacancies. MSP Pickar- Hodges) to appoint Dwight Kasperbauer 8345 Sunnyside Rd., Andrea Turner 3048 Bronson Drive, and Floyd Linnell 5205 Sunnyside Rd. as permanent members of the Human Rights Commission and to appoint Gloria Westberg 7906 Greenfield Ave., Louise Nerdahl 7941 Edgewood Dr., and Felicia Linnell 5205 Sunnyside Rd. as alternates to the Human Rights Commission. SALE OF EXCESS TAKING FROM PUBLIC IMPROVEMENT PROJECT 1973 -4 Admin. Achen stated that proposals for purchase of the land were received from 9 individuals or firms for Lot A, the smaller parcel on Greenwood Drive, and 8 for Lot B, the larger parcel on Fairchild Drive. The City's advertisement for the sale indicated we favored a proposal with payment in full of the special assessments, which are about $12,793 on Lot B and $32,184 on Lot B. Most offers are cash; some propose to assume the assessments. The high proposer is the same on both lots. The per lot bid on Parcel A is quite high. Parcel B did not come in as high, possibly because of concern with the cost of future subdivision of the land. Admin. Achen stated that the proposals have not been made public as of meeting time, reason being that if Council doesn't wish to accept any of the bids, Council may wish to keep it confidential- thus if the parcels are put out on bids at a future time, bidders would not have to be concerned with beating the offers presented tonight. 5 ayes March 14, 1977 Page 4 Atty. Meyers stated that if Council is inclined to accept the high proposal, he would recommend that the acceptance be contingent upon his review of the proposal. He stated there is much work to be done yet with the assessments this is property owned by the City, the County has taken assessments off the property, now assessments must be reinstated or other arrangement made for the assessments. And there may be additional amounts outstanding. Ron Smith, 14942 Evergreen, introduced himself as one of the bidders on the property and stated that he submitted his bid on the basis of a cash offer as the advertisement indicated a cash offer would be favored. Mr. Smith requested that the bid amounts be made public. Atty. Meyers indicated the figures will be available to the public. Admin. Achen stated he had talked with several proposers who indicated they would submit two offers one paying cash, and another assuming assessments. The advertisement stated the City would favor cash,: it did not require cash. All other factors being the same, the City probably would favor the cash offer. Councilmember Ziebarth questioned what affect the additional amounts the Attorney mentioned would have on the net bid amount? Admin. Achen explained that if there are any outstanding amounts, other than the assessments mentioned tonight, that amount would apply to all bidders, regardless of whether they bid cash or to assume assessments. If additional amounts are found and they change the net amount drastically, the whole matter can be dropped and all bids rejected. Councilmember Hodges said he favored the high proposer and added that the City should be sure the buyer understands the fees involved in the future subdivision process. Ken Sjodin, 2841 Bronson Drive, stated he had also submitted a bid. He asked an explanation of why the Council was considering offers assuming assessments, when the advertisement indicated cash offers? Admin. Achen responded that many of the offers just barely covered the assessments. The City budgeted to net $3,000 per lot. On Parcel B, only one bid nets at least that amount. On Parcel A, 4 bidders net more than that. Admin. Achen again stated that cash would be favored with all other factors equal. Mayor Pickar stated that because the high bid was so much higher with assumption of assessments, the City has no choice but to accept the high bid. MSP Pickar- Baumgartner) to accept the apparent high bid of Wehlast Bayer for the purchase of both parcels and that the City Attorney be authorized to negotiate the terms of the sale and to go to the second high bidder if terms cannot be worked out with the first high bidder. Mayor Pickar recessed the meeting for 15 minutes and called it back to order at 8:40 PM. 5 ayes March 14, 1977 Page 5 AMENDMENT OF DEVELOPMENT CONTROLS. Admin. Achen stated the purpose of this amendment is to give the City another tool in negotiating with developers in that it would allow some development in areas needing improvements. It proposes that an agreement be signed with the developer that he acknowledges public improvements will be required and agrees to pay them, the agreement to be recorded with the deed so that all future buyers would be aware of the required future improvements. Atty. Meyers stated misinterpreted the needing improvement authority to refuse needed. he had made some changes to the ordinance. He staff's desire to allow construction in areas and revised the ordinance to grant Council building permits where public improvements are Admin. Achen stated that he assumed Council already had that authority to refuse permits. Perhaps it would be beneficial to have it in writing. Councilmember Ziebarth questioned the advantages of each proposed ordinance? What are the ramifications if the City does not issue a permit? Atty. Meyers responded that the City is always in the position of being challenged as to why a permit is not issued and his revision would give ordinance authority not to issue building permits, thus giving Council ammunition and grounds for not issuing permits. Admin. Achen stated that the staff's proposed ordinance, allowing development prior to the public improvements being constructed, is modelled after an existing ordinance in the City of Coon Rapids. Councilmember Ziebarth stated he could see wisdom in having both ordinances. Mayor Pickar stated the Development Controls amendment would be held over until the March 28th meeting. BUILDING PERMIT REQUESTS FOR BONA ROAD DEVELOPMENT MS (Pickar-Ziebarth) to grant issuance of building permit for two houses as requested and that prior to any building permits being issued requirements as outlined in paragraph 2 of the February 25, 1977, letter from Banister Short Elliott Hendrickson and Assoc. Inc. be met. Councilmember Baumgartner stated that Keith Harstad had previously explained that neither of the two homes he had built some time ago in the area in question had problems witt flooding even in the spring of 1975, although the water was awful close to doors in the southerly most house in particular. Mayor Pickar stated that two houses doesn't make much difference, but with 3 or more homes the run off from the homes with paved driveways, etc. does affect the drainage. Banister Short's letter seems to back this up. Admin. Achen commented that the problem is where do we draw the line on issuing permits before the improve- ments are constructed? March 14, 1977 Page 6 Councilmember Hodges stated that the elevation of the ditch at Bona Rd. is one foot below elevation of ditch at Hillview. To get water to drain out at Bona Road would require a lot of work. Admin. Achen stated that the City is aware of the higher groundwater table. If we allow the builder to build and in a few years he is gone and the new owners have wet basements, the owners will complain to the City. This is the reason for the ordinance staff recommended the developer would acknowledge the need for improvements and sign an agreement to pay the cost of the improvements in the future. Councilmember Baumgartner asked the Administrator to check into the FHA and GI requirements for the distance of the groundwater table from the basement level and how current the test data is that they use. Atty. Meyers suggested adding to the motion that a copy of the Banister Short letter of February 25th be forwarded to Mr. Harstad asking him to submit in writing that he is aware of the implications and willing to hold the City harmless of any problems that may occur. Also include requirement that he inform prospective buyers of the same. MSP ,CRickar-}Iodges) to direct the Administrator to prepare a statement for the developer, Keith Harstad, to sign stating that he absolves and holds the City harmless for future drainage problems. Councilmember Ziebarth pointed out that Item 7 on the agenda regarding development controls dealt with this very problem. Passing on one and acting on the other doesn't make sense. He stated that he ao,v „ded the m motion simply for the sake of discussion. He agrees with the amendment, but would like the main motion voted down. Mayor Pickar suggested having the signed statement put in recordable form. Roll call vote on the main motion: Councilmember Rowley nay Councilmember Ziebarth nay Councilmember Hodges nay Councilmember Baumgartner nay Mayor Pickar nay Councilmember Hodges requested that the Administrator obtain information on whether Mounds View and /or surrounding communities require drain tile where there are drainage problems. 3 ayes 2 nays Motion defeated. March 14, 1977 Page 7 Atty. Meyers suggested that instead of just dropping the matter, Council might send a copy of the Banister Short letter to Mr. Harstad, asking him to review the fourth paragraph and come up with a proposal in writing for satisfying the requirements. MSP Pickar- Hodges) to direct the Administrator to send a copy of the Banister Short February 25, 1977, letter to Mr. Harstad asking him to put in writing to the City his recommendation for a solution to the problem this to include a solution to the physical problem and how he would propose to protect the City and future buyers of the property. AWARD DISEASED SHADE TREE REMOVAL AND DISPOSAL CONTRACT Admin. Achen stated the City received 8 bids for tree removal. Bids were evaluated on overall average price per inch. Prices are going up $4.58 /inch last year compared to $4.90 /inch this year. The same contractor awarded the bid last year is low bidder this year, too. The Parks Recreation Director and Tree Inspector recommend that the low bidder be awarded the bid. A few problems were experienced last year; but in comaring problems with surrounding communities, problems with our contractor were fewer. Mayor Pickar questioned the process involved in the tree removal? Admin. Achen explained that the City Tree Inspector surveys and identifies those trees that are to be treated and /or removed. The citizen is quoted the price of having city's contractor remove the tree; but the citizen has the option to compare prices with other firms and choose another firm. Last year about$6800was spent on the contract, majority of which was tree services on private property. MSP (Rowley Baumgartner) to award the tree removal contract to L B Tree Service. Councilmember Ziebarth asked if there was a provision in the contract regarding landscaping problems after the tree has been removed? He stated that he had received a complaint from one person in particular about the poor landscaping done by the contractor. Councilmember Rowley indicated she had received the same complaint. Councilmember Hodges emphasized the poor job done on his lawn also. Admin. Achen read from the contract a provision for the stump to be ground a minimum of 6" below the surface. And he indicated that it is up to the City Tree Inspector to be sure the contract is carried out satisfactorily. Vote on the motion to award the tree removal contract PROJECT PROPOSALS FOR COMPREHENSIVE EMPLOYMENT TRAINING ACT (CETA) Admin. Achen stated that legislation is expected to pass this week pumping additional money into the CETA fund throughout the country. The intent is to get money into the economy within a few days of enactment and a substantial portion of the money contracted for 5 ayes 5 ayes March 14, 1977 Page 8 by April 1st. Ramsey County (except for the City of St. Paul) is expected to receive between $600,000 and $1.2 million. The project proposals are to be project oriented meaning a defined task to be completed in a certain time frame. The job created also is to be one that wouldn't ordinarily be accomplished with existing funds and personnel. Staff has been working on project proposals. One suggestion submitted is a program for the mentally retarded. The Admin. requested Council authorization to review and submit applications for funding. The deadline is next Monday so there is inadequate time for Council review. This is a Title 6 program. There are virtually no clerical people available, but there are many laborers available. Mayor Pickar suggested an application for a person to become knowledgeable of grant procedures. Admin. Achen indicated that would be a long -term project, unless the position was funded for one particular grant. Grant administration really is an ongoing project, it would be difficult to apply it as a definable, short term task. Admin. Achen also explained that the problem with hiring laborers for maintenance duties is being careful to not take routine duties away from the permanent maintenance employees. He also stated that what CETA funds is the labor costs which is usually 50% of the project cost the balance is for materials, transportation and supervision which the city pays for. Councilmember Ziebarth suggested an individual to round up city materials from the consulting engineer's office that belong to the city or someone to begin categorizing the materials in the city's storage room. MSP (Pickar Ziebarth) to authorize the Administrator to submit application for CETA funding of project oriented positions prior to the deadline. AMENDMENT OF MOBILE HOME CODE Admin. Achen stated that this ordinance deletes provision in existing ordinance requiring mobile home park owners to maintain registry of automobiles in mobile home park. MSP (Pickar- Rowley) to adopt Ordinance No. 261 Amending Chapter 43.07 of the Mounds View Municipal Code entitled "Mobile Homes, General Regulations." ADMINISTRATORS REPORT: Admin. Achen stated that the city had received a notice of non renewal from the present insurance carrier. The INSURANCE BID SPECIFICATIONS presented to Council tonight are basically those recommended by the League of Minnesota Cities and used by the City of New Brighton. Staff is proposing to maintain existing level of coverage. 5 ayes 5 ayes March 14, 1977 Page 9 Admin. Achen explained there is a time problem. Insurance companies have indicated they need a minimum of 41 -5 weeks to prepare proposals, and the city's present coverage expires the end of April. Bids are to be submitted April 19th. The Administrator informed Council and the Attorney that if for some reason no bids are received or bids received are not accept- able, the city would be without insurance. MSP (Pickar- Hodges) to approve the insurance specifications as presented subject to the review and approval of the City Attorney. Admin. Achen encouraged as many Council members as possible to attend the Wednesday, March 16th, meeting of the Ramsey County League of Local Governments, discussion to be on the RAMSEY COUNTY JUVENILE JUSTICE SYSTEM. Councilmember Baumgartner indicated that a similar discussion was held at the Mounds View city hall a couple years ago and it was a stimulating discussion. Admin. Achen presented a proposed ordinance on VEHICLE LOAD LIMIT RESTRICTIONS. He explained that the County puts up load limit restrictions every spring to protect the roads during the thaw. State law allows the City to issue special permits for loads over the limit and staff felt that the city should have a set procedure for issuing special permits in order to allow construction to proceed with minimal interruption and yet protecting city streets. Damage done by overweighted vehicles is difficult to determine on a per trip basis, but over the years damage does result. This ordinance intends to set a $20.00 per trip fee for overload vehicles, the fee to be placed in the public improvement revolving fund for use in repairing streets when required. The current restriction is 3 tons; the ordinance proposes a special permit allowing up to 5 tons. The permits would be reviewed and authorized by the Public Works Director. Engineer Hubbard indicated that he had discussed the proposed ordinance with the police chief and the attorney and they felt the ordinance would resolve many of the problems encountered in trying to enforce the load limits. The permits would be issued only for use during the 8 AM to 5 PM work day. Councilmember Baumgartner asked how the information in the ordinance would be disseminated to the public? Admin. Achen suggested perhaps sending note to everyone who has projects in progress with apparent need of delivery. Eng. Hubbard stated that drivers are aware of load limit restrictions and usually will call the city hall before attempting delivery. Councilmember Baumgartner questioned how the permit fee will be justified to the citizen who ultimately ends up paying the fee? Admin. Achen explained that it will be explained to them the damage done to city streets and that the money will be put into a fund to be used for repair of the streets. Councilmember Baumgart- ner asked if the fee could be justified as administrative costs? 5 ayes yep March 14, 1977 Page 10 Admin. Achen responded that it could easily be justified as that also. MSP (Hodges Ziebarth) to adopt Ordinance No. 262 amending Chapter 80 of the Mounds View Municipal Code entitled "Regulation of the Use of Highways, Streets and Roadswithin the Municipality." Admin. Achen commented on some of the LEGISLATIVE PROPOSALS currently being considered. One would give cities the option to publish the purpose and effect of ordinances, rather than publishing the entire ordinance as State law now requires. For instance, to publish the recently adopted Chapter 40 cost the City about $1300 a substantial portion of the chapter was repetition of an existing ordinance; under the proposed legislation, all of the ordinance would not have to be published, just the revised portions. The Admin. stated that Representative Neisen has introduced legislation to establish a storm sewer reserve fund to establish storm sewer districts and annually levy funds. There is a possibility of use in the city's own storm sewer program. Last week legislation was introduced to make all labor contract settlements retroactive. The Administrator indicated he had written to the Mounds View representatives and senators to indicate the city's opposition to this legislation, as it would deprive the city of one of its significant bargaining tools. ATTORNEY MEYERS REPORT: The Attorney indicated that the City has been ordered to release funds to B E Enterprises plus interest at 6% from the time of withholding payment. The original amount was $12,800.20. Now due is $13,376.20 plus $29 court costs. Atty. Meyers asked that a check be prepared payable to B E Enterprises and Roger L. Hauge, its attorney, in the amount of $13,405.20. The Atty. stated that because he has been put on notice that certain claims have not been paid, the check should be forwarded through his office. MSP (Pickar- Hodges) to issue check in the amount of $13,405.20 to B E Enterprises and Roger L. Hauge and that the check be forwarded through the City Attorney's office. Engineer Hubbard stated that he and the Attorney are in the process of reviewing the CONSULTING ENGINEER AGREEMENT recommendations will be brought before the Council shortly. Councilmember Rowley reported that the Lakeside Park Commission is advertising for a MAINTENANCE bJPERVISOR for the summer. The Commission has decided to discontinue the WINTER PROGRAM, cost incurred was too great to be justified. Phil Saari of the North Suburban Day Activity Center had contacted Councilmember Rowley regarding Board meetings to be held on the second Monday of each month at 7:30 PM. There is an obvious 5 ayes 5 ayes March 14, 1977 Page 11 conflict with Councilmember Rowley's Council obligations, so another member from Mounds View will have to be solicited. An advertisement for such will be placed in the New Brighton Bulletin. Councilmember Ziebarth reported that he has been appointed to the LAND USE PLANNING ADVISORY COMMITTEE, which is a committee that makes a lot of the background recommendations to the Metropolitan Council. It is an advisory committee drawn from throughout the metropolitan area. Councilmember Hodges indicated he had received the FIRE DEPARTMENT FINANCIAL REPORT, copy of which will be made for any council member desiring it. He reported that the Fire Dept. would like to sell one station and purchase a new Station #3 about a mile away there is a problem getting people out to the existing station. The recommendation will be sent to Council for approval. Councilmember Baumgartner stated the the Planning Commission will hold a public informational meeting regarding the proposed RED OAK INTERCHANGE at New Highway 10 at 8:00 PM March 23, 1977. The next regular Planning Commission meeting will be April 13th. Councilmember Baumgartner asked if the City Tree Inspector plans to give a slide presentation as he did last year. He indicated last year's presentation was very good, but poorly attended. Admin. Achen stated he would check into it. Councilmember Baumgartner suggested that an article be put in the newspaper regarding bicycle safety and motorists caution of bicyclers. Councilmember Rowley suggested putting a message to that effect on the city sign. Discussion was held on a Council tour of the police department. The Administrator will try to arrange a time convenient for the police department and the Council. Mayor Pickar stated there was a mix -up in the presentation of awards at the Appreciation Dinner by neglecting the Mr. Jaycees and giving improper credit to the Mrs. Jaycees. SPRING CLEAN -UP is scheduled for Saturday April 23rd with April 30th as the alternate day in case of inclement weather. Councilmember Ziebarth stated the Bicentennial Commission has of- ficially changed its name to the FESTIVITIES COMMITTEE and will meet the first Tuesday of every month. MSP (Baumgartner Rowley) to adjourn at 10 :50 PM. Respectfully submitted, a v_616{, Mark Achen Clerk- Administrator 5 ayes