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HomeMy WebLinkAboutMinutes - 1977/04/11PROCEEDINGS OF THE CITY COUNCIL CITY OF MOUNDS VIEW RAMSFY COUNTY, MINNESOTA A regular meeting of the Mounds View City Council was called to order by Acting Mayor Hodges at 7:30 PM April 11, 1977, at the Mounds View City Hall, 2401 Highway 10, Mounds View, MN 55112. Members Also present: Acting Mayor Hodges present: Clerk Admin. Achen Councilmember Ziebarth Attorney Meyers Councilmember Baumgartner Engineer Hubbard Councilmember Rowley Mayor Pickar MSP (Baumgartner- Rowley) to approve the minutes of the March 28, 1977, regular meeting. 4 ayes CITIZEN COMMENTS AND REQUESTS Alien Zepper, 5255 Irondale Road, explained to the City Council the problems he is experiencing in getting bonded for fencing. Bonding is presently required in Mounds View and Mr. Zepper has found it extremely difficult to get bonded because he has not been in business seven years, which is a major require- ment. Also, if he were able to meet the requirements, he would have to post $343 for the first $1,000 bond. Mr. Zepper stated he had called 35 communities at random from the telephone book and that only five require licenses, 12 require permits, and only St. Paul requires a bond. Mr. Zepper asked that the City Council check into the bonding issue. Acting Mayor Hodges stated that the City Council should check into the issue. Admin. Achen stated that Mr. Zepper would not be able to work until he either was bonded or until the City took action on the issue, and that he could have information available for the Council at the next meeting if they wanted to wait that long. Councilmember Ziebarth stated that he could not make a decision on the issue during this evenings meeting but that it should be discussed. It was decided that the bonding issue would be discussed at the next City Council meeting. Carol Ziebarth, 5150 Bona Road, expressed concern to the City Council of a possible water shortage tor the coming summer and asked that the Counril cnnsidpr enfnrcina water restrictions for the City of Mounds View, i.e. alternate days for watering lawns, to get ahead of any situation that might arise. April 11, 1977 Page 2 Acting Mayor Hodges agreed that the situation should be looked into, and Engineer Hubbard stated that last year the City had pumped a great deal of water but they had been able to keep up with the demand. Water restrictions had been discussed previously but Eng. Hubbard does not expect that the City will have any water problem this year or in the future. Also, there are rumors that the Governor may enforce some type of water restriction so it would be best to wait and see what action he takes. Councilmember Baumgartner stated that most cities that had experienced problems had drawn their water supply from the river. Eng. Hubbard stated that the City has seven wells and last year they only drew from four at a time. Admin. Achen stated that he had previously discussed this with the Public Works Superintendent, who feels that action should be taken early. The problem is not a shortage in supply but rather in the mechanical ability to take the water out of the ground and distribute it. Peak usage has been five or six times the normal usage but the peak lasts for only two weeks, and it is not felt that the City should pay for more sophisticated equipment 52 weeks a year when it is only used two weeks a year. APPROVAL OF CONSENT AGENDA MSP (Baumgartner Ziebarth) to approve the consent agenda as follows: 4 ayes ITEM A. Adopt Resolution Nos. 823 -826 respectively reapportioning special assessments for the following subdivisions: Ed Erickson, minor subdivision of 8265 Spring Lake Road; Duane Maki, minor subdivision of -8340 Spring Lake Road; Rodney Robinson, minor subdivision of 8340 Long Lake Road; Greenwood Terrace major subdivision for Garnet Nelson. ITEM B. Approve the April 11, 1977, bills for payment. ITEM C. Approve the following licenses: HTG AIR COND. renewal BLACKTOPPING renewal Fred Vogt Co. Carl B. Anderson Blacktopping 3260 Gorham Ave. S. Box 230 Route B St. Louis Park, MN 55426 North Branch, MN 55056 GARBAGE RUBBISH COLLECTION Walter's Disposal Service 2830 101st Ave. N.E. Blaine, MN 55434 Reamers Rubbish Removal 7367 No. Shore Trail N. Forest Lake, MN 55025 renewals Suburban Pickup Service Box 156 Ciicle Pines, MN 55014 Woodlake Sanitary Service dba All -State Disposal 4000 Hamel Road Hamel, MN 55340 April 11, 1977 Page 3 Ace Solid Waste Management, Inc. 3118 162nd Lane N.W. Anoka, MN 55303 PUBLIC HEARING ON RINDAHL ADDITION PRELIMINARY PLAT Admin. Achen explained that Louis Rindahl has submitted preliminary plat for approval by the City Council. The plat consists of three lots, one fronting Red Oak Drive, 90' wide by 325' deep with the remaining two lots fronting Fairchild Avenue. The north lot is to be 106' wide by 148' deep, and the south lot is to be 96.5' wide by 148' deep. All lots conform to area and frontage requirements and the easements given are adequate. All easements should be noted "drainage and utility," and the existing structures meet setback require- ments. The staff has recommended approval to the Council of the preliminary plat subject to all easements being noted "drainage and utility." Councilmember Baumgartner stated that all questions about easements had been satisfactorily answered for the Planning Commission. MSP (Baumgartner- Ziebarth) to approve the preliminary plat for the Rindahl Addition, as recommended by the Planning Commission. PUBLIC HEARING ON BERWYN CHRISTENSEN PRELIMINARY PLAT Admin. Achen explained that Berwyn Christensen had submitted a sketch proposal to subdivide the parcel he lives on into 16 lots, 15 additional buildable lots. He has requested approval of the sketch plan concept so he can proceed to have a prelimi- nary plat drawn up. The land is presently zoned for single family construction. Water and sewer service is available for all lots, and the west side of the property has no street improvements. The existing topo ;raphy of the land varies greatly and certain areas will require substantial fill. It has been recommended that a proposed grade plan be included with the preliminary plat. Also, due to the topography of the area, individual lot easements should be taken for utility and drainage right -of- ways. A five foot minimum has been recommended along all side lot lines. All lois except the most northeast lot would meet frontage and area requirements. The most northeast lot would have a sub- standard frontage of 82' due to the location of the existing house, which will be 9' from the proposed subdivision line. Mr. Christensen expressed the idea that eventually the existing older home would be removed. If this is the case, the staff recommends that the northeast lot frontage be increased to 85', reducing the setback of the home to 6'. 4 ayes April 11, 1977 Page 4 The staff has recommended that the applicant be advised to have a preliminary plat drawn up with lots conforming to frontage and area requirements, topographic data requirements and proposed finish grade plan. Also the staff recommends that the applicant be advised that he will be required to submit a petition for public improvements necessary to make all lots developable. This will require the petitioners to agree to pay assessment for the services, waive the right of a public hearing and dedicate all additional easements that may be required. John R. Riggs, 2200 Erin Court, representing Berwyn Christensen, identified himself as the potential buyer and builder of the property if it is approved as requested. He stated that all homes to be built will be walkouts and that proper drainage will be provided so as to have the water run off of the yards. Councilmember Ziebarth stated that the culvert in the area is not on the property that is to be subdivided. Berwyn Christensen, 5091 Edgewood Drive, owner of the property, stated that the water that was on the property had come from that culvert. Councilmember Ziebarth asked if Bona Road would go through this summer, and Acting Mayor Hodges stated that it depends upon the decision to go through with the plat approval. Councilmember Baumgartner stated that Mr. Christensen must petition for a road and improvements. At that time, the City Engineer will request bids. Atty. Meyers questioned if the people to the west would be liable for assessments on any improvements put in. There must be first a petition to put in Bona Road, then get costs, hold a public hearing, and if the improvements ordered by the Council are to be assessed, a decision must be made on who is benefitted. Concern was expressed of the safety of having Bona Road come out onto County Rd. H. Atty. Meyers stated that Bona Road is a dedicated road already. Admin. Achen stated that concern should be expressed at this time on any safety problems. Councilmember Baumgartner stated that there would be a problem where Bona Road comes out onto County Rd. H, on the crest of the hill, and that perhaps extra traffic signs should be posted. Mr. Riggs stated that he had done some research and the property west of the plat had been forfeited for taxes in 1973. The state now owns the property and it has not been put up for sale. Atty. Meyers stated that the Council should not approve the plat if roads are not planned. According to Admin. Achen, one property owner could petition for the road, as long as they have 35% of the frontage. Rich Willhaus, 5135 Bona Road, mentioned the walkway that is presently between Bona and Edgewood. He questioned now wide the road must be as the walkway is extremely narrow. They have not had snow removal for a long time. April 11, 1977 Page 5 Councilmember Ziebarth mentioned that the safety problem is a factor in the Bona Road walkway as many school children use the walkway and cars parked on Bona Road block the view of pedestrians in the walkway. He sees no solution for exiting onto County Rd. H, and belives it should be controlled on both Irondale and County Rd. H. Councilmember Baumgartner asked if the Council could approve the plat without ownership of the west property. Atty. Meyers said it could, but they could not assess it if the State owns it. Councilmember Baumgartner asked if there were any objections to the 5' easement on the property lines, and Admin. Achen stated that if there was just one builder, the 5' easement could be flexible. Councilmember Rowley stated that she was uneasy about the landlocked lots, i.e. having people purchase the lots and then not have the road go through. Admin. Achen asked Eng. Hubbard what type of a timetable they would be looking at in terms of design of the road, preparation of specifications, etc. Eng. Hubbard replied that it would be 4 to 6 weeks before bids could be prepared, plus two weeks to advertise. Since it is a short street it should only take one month to build, i.e. 3 months total time. Admin. Achen ascertained that Mr. Riggs would like to build this construction season. Atty. Meyers stated that there must be an assessment hearing, and if the State is in the process of selling the property, the new owners must also be aware of the hearing. Mr. Riggs stated that the State owns the property because no one wants to purchase it without a road. Eng. Hubbard stated that the main water and sewer lines are in on Bona Rd. but that very few services had been put in. It would be more economical to bid everything needed on one contract. Mr. Riggs questioned if the plat must be approved before the road is put in. Admin. Achen thought the Planning Commission had not considered approving the plat without the road. Councilmember Baumgartner stated that no building permits would be approved on lots 9 -15 without a road. Atty. Meyers stated that there are old sewer and water assessments to be picked up on the western property. Admin. Achen suggested that the Minnesota Chapter 429 process be started as the problem of collecting assessments would not change much if the State owns the land or not. If the project is to go ahead, the public improvements should be done as well. Mr. Riggs stated that he could not work on one portion of the plat at a time, that it would not be economically feasible. Admin. Achen stated that Chapter 429 proceedings could be moved along, perhaps about three weeks. April 11, 1977 Page 6 MSP (Baumgartner- Hodges) to approve the Berwyn Addition plat with the following stipulations: 1. A 5' utility and drainage easement on the north and south property lines of each lot. This requirement could be removed by the recommendation of the City Engineer. 2. The owner of 35% of the frontage that will be assessed submit a petition for the improvement of Bona Rd. and for the installation of utility services on Bona and Edgewood. 3. That final approval of the plat be withheld until Council orders these improvements. A roll call vote was taken: Councilmember Ziebarth aye Councilmember Baumgartner aye Councilmember Rowley aye Councilmember Hodges aye Admin. Achen requested that the Chapter 429 hearing be set for May 9, 7:40 PM. REQUEST OF LAWRENCE S. KEENE FOR WAIVER OF MUNICIPAL CODE CHAPTER 43.07 A letter of request was received from Lawrence Keene to rent his mobile home at a Mounds View trailer park while serving a one year position at a church in Lubbock, TX. There appears to be no allowance under the existing ordinance, Chapter 43.07(2) which limits renting of a mobile home to no more than five months a year. Councilmember Ziebarth stated he feels the Council should stand by the ordinance and not allow the renting of a mobile home for more than five months a year. Renting a mobile home is different than renting a regular home. It depreciates with age, which is the reverse of a private home. He feels that if the Council begins the trend of a rental mobile home park, it will decrease the value of the property of the owner. It may be a hardship for Mr. Keene but a waiver of the ordinance could cause many more problems. Acting Mayor Hodges stated that neighboring communities do not allow this either, and that he was in agreement with Councilmember Ziebarth. Councilmember Rowley felt that while the mobile home owner had some good points, she had to agree with Councilmember Ziebarth. 4 ayes MSP (Hodges Rowley) to hold public improvement hearing for items discussed above May 9, 1977, 7:40 PM, upon receipt of the petition and further ordering the engineer to prepare a feasibility report and cost estimate of improvements at that time. 4 ayes April 11, 1977 Page 7 MSP (Ziebarth Rowley) to deny the request of Lawrence Keene for a waiver of the five month rental restriction of his mobile home. 4 ayes AMENDMENT OF MUNICIPAL CODE CHAPTER 40.25, SUBDIVISION B, CERTIFICATE OF OCCUPANCY PROCEDURE The proposed ordinance would amend Certificate of Occupancy procedures in the new Zoning Code by deleting the fee requirement. Cost of the Certificate can be covered by the building permit fee. A separate Certificate fee is both cumbersome to administer and annoying to the applicant. This proposed ordinance also clarifies that a Temporary Certificate of Occupancy requires completion of the work within six months. MSP (Hodges Ziebarth) to approve Ordinance No. 263, amending Chapter 40.25 of the Mounds View Municipal Code. TIMETABLE FOR PREPARATION OF CAPITAL IMPROVEMENT PROGRAM Admin. Achen recommended that the Council adopt the timetable on Capital Improvement Program planning and that the staff be directed to commence work on preparation of the C.I.P. That timetable would be: Step A Step B Step C Step D 2 weeks 8 weeks 4 weeks 10 weeks Step E Step F Step G 4 weeks 6 weeks 3 weeks Step A identify possible projects Step B prepare background information on each project justification of need initial cost future operating /maintenance costs eligible funding sources Step C prioritize projects without regard to cost Step D prepare information on city's financial condition projected 5 -10 year revenue sources /operating expenses long term bonding capacity Step E review and update city long -range fiscal policy Step F prepare realistic /practical prioritization of projects Step G prepare capital budget for implementation of first year capital program MSP (Rowley Baumgartner) to approve the timetable as listed above on the Capital Improvement Program planning and direct staff to commence work. 4 ayes 4 ayes April 11, 1977 Page 8 STREET SWEEPING BIDS Bids were received on the sweeping of City streets. The specifications had asked that the bidder include in the bid the following: 1. Price for sweeping all City streets in the spring. 2. Price for sweeping the area to be seal coated both before and after seal coating. Before seal coat sweeping to be done in late June and after seal coat sweeping in late August. 3. Type of equipment the bidder intends to use. 4. A bid security in the amount of 3% of the total price. Four bids were received; however, only the high bid from Clean Sweep included a 5% bid security deposit. Cross Town Sweeping Corp. offered a 5% bid security deposit upon award of the contract. Atty. Meyers recommended that this bid not be considered, because no bid security was offered at the time of the bid and accepting the bidder's offer at the time of contract award does not ful- fill the intent of the bid security. Eng. Hubbard stated that due to the high cost of the sweeping he had looked into the possibility of renting a sweeper and doing the sweeping with City personnel but discovered that too many problems would be involved. He recommended that the spring cleanup be awarded only, not the coat sweepings. Admin. Achen questioned if the City could accept the bid from Cross Town Sweeping Corp. for the coat sweeping only, and Atty. Meyers recommended against it due to their not submitting a 5% bid security. Mike McDonald, 3916 Ewing, representing Cross Town Sweeping Corp., explained that he had not submitted a 5% bid security due to the small amount that was required, and he had indicated that he would be willing to do so upon award of the contract. He had had trouble in the past with having bid securities tied up for a month or more and he must have a good flow of cash in his business at this busy time of the year. MSP (Baumgartner Ziebarth) to accept the bid of Clean Sweep for the spring cleanup only at $2,895. The lower bid from Cross Town Sweeping Corp. was not accepted due to advice from Atty. Meyers that the company did not satisfy the requirement for a 5% bid security. 10:00 PM Mayor Pickar joined the Council meeting. 4 ayes April 11, 1977 Page 9 ADMINISTRATOR ACHEN'S REPORT: A sympahty card was sent to the family of Councilman Milton H. Stellmacher from the City of White Bear Lake, who died on April 6, 1977. Onl two bids were received on the FRONT MOUNTED ROTARY MOWER and the staff recommends to accept the low bid of Minnesota Toro. They feel it is a good piece of equipment. Minnesota Toro provided a bid security of $500. MSP (Ziebarth- Rowley) to accept the low bid from Minnesota Toro on the front mounted rotary mower, at a purchase price of $4,800. 5 ayes Admin. Achen reported that the City has a substantial amount of SURPLUS EQUIPMENT that could be auctioned off, i.e. there are 22 bikes, 1967 Ford 4 -door sedan, 1965 Ford pickup half ton, 1947 Ford tractor with 6x5 tooth drag, a plow for the Ford tractor and mower, a rotary mower, Cub Cadet mower with snow blower attachment, steam cleaner with extra hose and many more miscellaneous items. These items could be declared surplus equipment and the larger items could have written bids and the small items could be auctioned off. Councilmember Baumgartner recommended that the tractor and the two vehicles have sealed bids. Admin. Achen suggested opening the bids in advance of the auction, so that if they were not acceptable, the items could then be auctioned off, after notifying the bidders. The money from the auction would be put into the general fund. MSP (Baumgartner Ziebarth) to declare the equipment surplus and to direct staff to proceed with an auction for some of the equipment and request bids on the vehicles and accessories. Admin. Achen gave a summary of the guidelines he is proposing for THE CREATION AND OPERATION OF A TASK FORCE. The purpose should be explicitly set forth and should include that the task force prepare written reports on all areas they work on. The task force must be established by a resolution and it should be a Council resolution Councilmember Baumgartner suggested that Admin. Achen write the task force guidelines in final form as follows and present it at the Wednesday Planning Commission meeting. It should be made a policy. There will be a task force established for each difference cause, and the task force will be dissolved after each event has ended. MSP (Baumgartner- Rowley) to approve the following task force guidelines and direct the Administrator to send these to all commissioners from the City Council: 5 ayes April 11, 1977 Page 10 (1) purpose, which should include both findings of fact and public opinion (2) duties, which should include preparation of a written report with both majority and minority opinions where appropriate (3) number of official members and eligibility criteria (e.g. residency, special expertise, special group affiliation) (4) powers of officers (5) individual or body empowered to appoint members and officers (6) meeting requirements (regular, on call, or otherwise (7) require public meetings with adequate notice (8) require meetings be conducted by Roberts' Rules of Order (9) indicate budget or staff allocation (10) automatic dissolution date and deadline for completion of report. Admin. Achen requested that a public hearing be set on the request of JOHN MEZZELGA of White Bear Lake to move his family home from White Bear Lake to Mounds View. 5 ayes MSP (Hodges Baumgartner) to set a hearing on April 25, 1977, at 7:40 PM on moving the home of John Mezzenga from White Bear Lake to Mounds View. 5 ayes ATTORNEY MEYERS' REPORT Atty. Meyers reported that TWO PURCHASE AGREEMENTS HAVE BEEN SIGNED BY THE HIGH BIDDERS FOR SURPLUS PROPERTY. The Fulwider property is for $24,100 and will be closed on April 22, 1977. The assessments will be paid in full by October 1, 1977. The Hemsworth property is for $51,500 and will be closed on June 24, 1977, assuming they agree to pay $32,184 in assessments. MSP (Baumgartner Ziebarth) to authorize the Mayor and Clerk Administrator to execute the two purchase agreements. 5 ayes Atty. Meyers reported that the liquor establishment operated by A J Hartinger will be closed for 5 days effective April 26, 1977, through April 30, 1977. The premises is known as the LAUNCHING PAD. They were accused of watering down their hard liquors. They have denied the charges but have agreed to the suspension to avoid the time and expense and publicity of going to court. Atty. Meyers recommended that no further action be taken at this time in relation to this specific violation, but the suspension should be reviewed before their license is renewed on July 1, 1977. A decision may be made at that time to not renew the license. April 11, 1977 Page 11 Admin. Achen suggested that a hearing be set by the City Council prior to renewal of the license and recommended that it be a public hearing. MSP (Baumgartner Ziebarth) to set a hearing and notify the parties involved that it will be on May 9, 1977, at 8:00 PM, regarding the renewal of the intoxicating liquor license of Al Hartinger, dba Launching Pad. A roll call vote was taken: Councilmember Ziebarth aye Councilmember Baumgartner aye Councilmember Rowley aye Councilmember Hodges aye Mayor Pickar aye Atty. Meyers reported that the Metropolitan Waste Control Commission has started proceedings to take care of easements and they would like the City Council to consent to the proceedings. MSP (Baumgartner Rowley) to authorize the Mayor and Clerk- Administrator to okay the proceedings. COUNCILMEMBER ZIEBARTH'S REPORT Councilmember Ziebarth reported that he had been in contact with Sandy Dean of the Metropolitan Council regarding the Metropolitan Airport Commission's concern with safety items, i.e. waste disposal, airports, etc. They have issued a survey which they would like back by April 30. They are now in the process of reevaluating comprehensive planning, and the cities have three years to reevaluate their own plans and make changes. Admin. Achen reported that action from the Metropolitan Council has indicated that residents in the Lake Elmo area will not have their airport play a significant roll in future plans. Some other airport will have to take up some of the responsibility. There will be a hearing set for October. COUNCILMEMBER HODGES REPORT Councilmember Hodges reported that a rehabilitation home would like to locate in Mounds View and they have applied for a rezoning. They have not applied for a license yet. The area must be rezoned from R -1 to R -4. No action will be taken yet. COUNCILMEMBER BAUMGARTNER'S REPORT Councilmember Baumgartner reported that the Planning Commission will be meeting Wednesday evening. He reported that the City received a letter from irate citizens regarding the City being solely responsible for the 20% hike in real estate taxes. Admin. Achen sent a letter back to the people, explaining the 20% increase. The City was responsible for only 4.4% of the 20% increase. It was suggested that Representative Neisen and other 5 ayes 5 ayes April 11, 1977 Page 12 official alected to represent Mounds View receive a copy of the letter. The TAX INCREASE will be explained more clearly in the next Newsletter. COUNCILMEMBER ROWLEY Councilmember Rowley reported that the Lakeside Park meeting will be held on Thursday. The Poli_e Department will be showing the film "How to Say No to a Rapist and Survive" at their Wednesday meeting. MAYOR PICKAR Mayor Pickar asked the status of r ^vision of Chapter 40 provisions regarding recreational vehicle parking. Admin. Achen will submit his memo to the Planning Commission on the telephone and newsletter survey. MSP (Baumgartner Rowley) to adjourn at 11:15 PM 5 ayes Respectfully submitted, 1 )7) ideNt Mark Achen Clerk Administrator