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HomeMy WebLinkAboutMinutes - 1977/09/26PROCEEDINGS 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 on September 26, 1977 at the Mounds View City Hall, 2401 Highway 10, Mounds View, Minnesota 55112. Members Present: Also Present: Mayor Pickar Councilmember Ziebarth Councilmember Hodges Councilmember Baumgartner Councilmember Rowley Clerk- Administrator Achen Attorney Meyers Engineer Hubbard MSP (Hodges Rowley) to approve the minutes of the September 12, 1977 meeting as presented. Councilmember Baumgartner abstained as he had not been present at the meeting. CITIZEN COMMENTS AND REQUESTS There were no citizen comments or requests. APPROVAL OF THE CONSENT AGENDA MSP (Ziebarth Hodges) to approve the consent agenda as follows: 5 ayes ITEM A. Set Council work session on 1978 Budget for 8:00 PM, Tuesday, September 27, 1977, at city hall. ITEM B. Postpone regularly scheduled October 10, 1977, Council meeting until 7:30 PM, Tuesday, October 11, 1977, because of legal holiday. ITEM C. Appoint the following part -time recreation employees to be paid the indicated wages effective September 19, 1977: Rec Instructor II $6.00 /hr. Rec Leader II $3.00 /hr. Sarah Rynders Toya Farrar Becky Peters Kathy Peterson Pam Duncan Virginia Leahan Gloria Tarman Marc Prange Paul Rynders Royce Schultz Karen Strate Sarah Rynders Janese Bisset 4 ayes 1 abstain September 26, 1977 Page 2 ITEM C. (Continued) ITEM ITEM ITEM D. Rec Instructor III $7.50 /hr. Rec Instructor IV $10.00 /hr. Al Marquardt Anna Konstance Doris Marshall Dance Studios Rec Instructor I $4.00 /hr. Rec Aide $2.60 /hr. Sarah Rynders Roy Schultz Marc Prange Paul Rynders Appoint David September 20, Dean as part -time engineering aide 1977, to be paid $2.50 per hour. E. Receive the August, 1977, activity reports of the fire, legal and nuisance abatement departments. effective police, F. Approve, as recommended by the Planning Commission (9/14/77 minutes), the minor subdivision request of Dale Bentley to create two lots from property located at 7855 Greenwood Drive. The west lot fronting on both Hillview Road and Greenwood Drive shall be 131' x 131' and the east lot fronting Hillview Road shall be 100' wide x 131' deep with utility and drainage easements to be taken along the north 10', south 5', east 5', and 5' along the common lot line totalling 10'. ITEM G. Approve, as recommended by the Planning Commission (9/14/77 minutes), the minor subdivision request of Charles Hutchison to create two lots from property located at (approximately) 2900 Ardan Avenue. The west lot fronting Ardan Avenue shall be 84' wide and 131' deep, the east lot cornering on Ardan Avenue and proposed Knollwood Drive shall be 96' and 127' respectively. A variance of the 85 foot and 100 foot minimal frontages is hereby authorized for the west and east lot respectively. Utility and drainage eaeeinents of 5 feet are required along the north property line and the common property line of both lots. ITEM H. Approve, as recommended by the Planning Commission (9/14/77 minutes), the minor subdivision request of Helen Hackett to create two lots from property located at 7446 Groveland Road. The west lot fronting Knollwood Drive shall be 132' wide and 137' deep. The east lot partially fronting Groveland Road shall be 132' wide and_137' deep. Utility and drainage easements of 5 feet are given along the rear of both lots and along the north property line. A variance of the 85 foot minimum frontage requirement is hereby authorized for the east lot which only has 18.7 feet of frontage on Groveland Road. ITEM I. Approve, as recommended by the Planning Commission (9/14/77 minutes), the minor subdivision request of Alva M. Mach to create two lots from property located at 7959 Red Oak Drive. The north lot fronting Red Oak Drive shall be 82.5' wide x 231' deep and the south lot shall be 82.5' wide by 231' deep. Utility and drainage easements of 5 feet are given along the east property line. A variance of the 85' minimum frontage requirement is hereby authorized for both lots. September 26, 1977 Page 3 ITEM J. Approve the following licenses: CONTRACTORS expire 6/30/78 General renewal D. W. Construction 8804 Lexington Avenue New Brighton, MN 55112 General new Green Crest Builders, Inc. 4010 Bunker Lake Blvd. Anoka, MN 55393 Masonry renewal Leo H. Huot Cement Contro. Inc. 7725 Groveland Road Mounds View, MN 55432 Masonry new Albin Katzner Cement Co. 11137 Arrow Head St. N.W. Coon Rapids, MN 55433 Heating Air Cond. renewal A. Binder Son, Inc. 120 E. Butler Ave. W. St. Paul MN 55118 Northern Heating Air Cond. 2149 161st Ave. N.W. Anoka, MN 55303 4 Seasons Sheet Metal Inc. 2964 Jersey Ave. N. Crystal, MN 55427 Blacktopping Hauling Fill new Darrell's Contracting 8744 Central Ave. N.E. Blaine, MN 55434 Sewer Water renewal Hokanson Plumbing 10601 Nassau St. N.E. Blaine, MN 55434 Excavating new Vernon G. Overland 6816 Channel Road N.E. Fridley, MN 55432 ITEM K. Approve the September 26, 1977, bills for payment. Water softener installation renewal Commers Soft Water 3801 California St. N.E. Minneapolis, MN 55421 GARBAGE HAULER expires 3/31/78 Larry's Quality Sanitation new 17210 Driscoll St. Anoka, MN 55303 AMUSEMENT DEVICES exp. 12/31/77 James D. Jirasek new 436 Park St. Anoka, MN 55303 to install pinball machine at the Launching Pad for total of 10 devices at that location O'NEIL DEVELOPMENT PROPOSAL Administrator Achen reported that this was a continuation of the Council's consideration of the O'Neil development proposal. He stated that since the last meeting the prelimi- nary plat has been revised to consolidate the holding pond lot into adjacent lots. A permanent drainage easement is provided in place of this lot and additional tempor- ary drainage easements are provided to fulfill the recommendations of Short- Elliott- Hendrickson, Inc. Curbs and gutters along both County Road H -2 and Long Lake Road are recommended by staff. September 26, 1977 Page 4 Mr. Olson, representative for the development, stated that it would be of no value to the owners to petition for services until the master drainage system for the area is installed by the city. Administrator Achen stated staff recommends the owner be given up to two years to petition for the public improvements serving the 2nd Addition. A $5,000 deposit should be required of the owner when the final plat is approved, for an engineering feasibility report. The staff also recommends one curb cut per duplex lot. Administrator Achen indicated the triangular piece of property belonging to John Capetz is part of the plat. As many trees as possible should be saved and any trees damaged during construction should be treated as prescribed by the city's tree inspector. The owner should provide proof to the City Attorney that the southeast lot will be for Donatelle's parking. Mayor Pickar pointed out that lots 12, 13 and 14, which will serve as temporary drainage, are considerably larger than the other lots and asked if they would remain that size. Mr. Olson replied that they would remain that size. They are zoned B -1 and a good deal of peat would have to be removed and back -fill brought in before these lots could be developed. Bob Rossman, 2504 County Road H- 2,asked why the drainage pond was changed. Admin. Achen replied that by consolidating the ponding lot with other developable lots, there is less likelihood of its owner to forfeit on the taxes. Al Zepper, 5255 Irondale, asked what is meant by petitioning for public services, who will pay for them, and who will control the type of back -fill used. He also asked who determined that there are only 4.8 acres of wetland. Engineer Hubbard replied that the DNR determined that there are 4.8 acres of Type 3 wetlands, whereas 5 acres are required before the Corp of Engineers has jurisdiction over use of the land. Mayor Pickar questioned what type of fill will be used and asked if permits are required for excavating. Engineer Hubbard replied that the DNR requires a permit and has control over what type of fill is used. Mr. Olson stated that the holding pond, as proposed, will be excavated below the water table approximately 8 feet to avoid algae problems. He stated the owners have applied for a grading permit. Administrator Achen said as far as the drainage system is concerned, the City is only concerned with storage capacity. Excavation of the pond will be solely for aestheti s, because it will not increase storage capacity. Councilmember Ziebarth asked whether the pond will be fenced for safety. Administrator Achen replied that fencing was discussed for the Ardan Avenue pond, but the Parks and Recreation Commission opposed fencing. September 26, 1977 Page 5 Councilmember Ziebarth stated that the Ardan Avenue pond is only a few feet deep. Councilmember Baumgartner stated that a person could drown in just a cup of water, and Councilmember Rowley asked who would be liable if someone falls into the pond and drowns. Administrator Achen replied that the land owner would be responsible. Mayor Pickar at this time recognized Representative Neisen, who introduced his guest, Mr. Bovich who was visiting from Yugoslavia. Councilmember Baumgartner pointed out that the question of who pays for the public improvements had not been answered. Administrator Achen replied that the property owner would pay 100 percent of the cost. Mr. Rossman asked if the ponding area will be 8' below the water table. Admini- strator Achen replied that the Council may choose to dig the pond or to keep the marshy conditions. Mr. Zepper asked what the water table elevation would be Mr. Zepper stated his concern with water problems in his basement, Councilmember Ziebarth asked whether the ponding area will be landscaped. Mr. Olson replied the owners originally planned to dedicate it to the City. Since the City does not want the property, the developer will retain it. They plan to keep it aesthetically pleasant, but the landscaping will be up to the property owners of the pond. Mr. Olson stated that they are willing to leave it as a marsh. Councilmember Ziebarth stated that as long as it will not provide additional storage capacity, he prefers that it be left a marsh. Councilmember Rowley stated that she is concerned with the safety factors. Mr. Rossman questioned what could be built on the ponding property once it is no longer needed for drainage. Attorney Meyers replied that permanent easements cannot be built upon with City Council approval, but the temporary easements will revert to the owner. MSP (Pickar- Baumgartner) to approve the preliminary plat for the O'Neil's Addition, as presented in Revision 4, on September 26, 1977, and that the developer conform to the recommendations of the Short Elliott- Hendrickson report; that lots 12, 13 and 14, Block 1, 2nd Addition and Lot 1, Block 2, 2nd Addition and holding pond lot be recorded as temporary and permanent drainage easements as set forth and that these temporary easements should remain in effect until completion of the Scotland Green Storm Sewer Basin; that the triangular piece of property at the intersection of Long Lake Road and Highway 10 owned by John Capetz be included in the plat; that concrete curb, gutter, and sidewalk be installed along the north side of County Road H -2 and the east side of Long Lake Road; that the developer preserve all the trees within 11/2 feet of final grade except trees above or within the area of utilities; that each duplex lot be limited to one driveway access; that the developer maintain the proper dust control; that public improvements for the 2nd Addition be petitioned by the owner; that the Council approves in principle the zoning as set forth, that Lot 11, Block 1, 1st Addition be rezoned from B -2 to R -2, and that Lots 12, 13 and 14, Block 1, 2nd Addition be rezoned from B -2 to B -1; and that actual development is contingent upon Council approval of a develop- ment agreement embodying the above terms. 5 ayes PRESENTATION OF THE 1978 BUDGET Administrator Achen stated that a public hearing on the 1978 budget will be held 7:00 PM, October 3rd. Admin. Achen gave a summary of the budget. Mayor Pickar stated that copies of the budget were available at city hall. September 26, 1977 NORTHCREST PARK PLANNED UNIT DEVELOPMENT Administrator Achen read Resolution No. 858, of the Northcrest Park P.U.D. development. Councilmember Rowley pointed out that Phase 1 the one presented at the August meeting. Mr. now includes development on both sides of the Page 6 formally approving the concept plan on the exhibit now is larger than Stavros replied that this Phase streets to be installed. MSP (Hodges Ziebarth) to adopt Resolution No. 858 approving the general concept stage of the Northcrest Park Planned Unit Development. Councilmember Baumgartner asked if a public hearing was required. Administrator Achen pointed out that a public hearing was held August 22, 1977. DEVELOPMENT AGREEMENT 76 -4 BAUER WELDING METAL FABRICATORS, INC. AMENDMENT Engineer Hubbard stated that this is basically the same Amendment approved previously by Council. Mayor Pickar asked if the new surface for the emergency drive is acceptable to the Fire Department. Engineer Hubbard replied that it is. Councilmember Ziebarth asked if there would be any dust problems from that type of surface. Engineer Hubbard replied that it will rarely be used, and that wind alone will not stir up the dust. Councilmember Ziebarth asked if the berm will be seeded. Engineer Hubbard replied that it will be. 5 ayes MSP (Baumgartner- Ziebarth) to adopt Resolution No. 859 approving the revised Amendment A to the Bauer Welding Metal Fabricators, Inc. Development Agreement. 5 ayes DEVELOPMENT AGREEMENT 77 -11 STEVEN LOEFFLER PROPOSAL TO BUILD DUPLEX ON WOODLAWN DR. Administrator Achen reported that Mr. Loeffler proposed to erect a duplex structure on the southwest cul -de -sac of Woodlawn Drive. The Planning Commission approved the request. MSP (Baumgartner Rowley) to adopt Resolution No. 860 authorizing execution of Development Agreement 77 -11 with Steven Loeffler for construction of duplex on Woodlawn Drive. POTTERY WHOLESALERS TRANSIENT MERCHANT LICENSE APPLICATION Administrator Achen reported that Harvey Hoover has applied to the City for a transient merchant license to sell Mexican pottery at the Launching Pad parking lot. Mr. Hoover stated that he owns a school bus from which the seats have been removed. He uses it to display his pottery. The bus is approximately 35' long and has adver- tising on the side. He operates from 11 AM to 7 or 7:30 PM. He has no lighting facilities. 5 ayes September 26, 1977 Page 7 Mayor Pickar asked if permission had been granted from the Launching Pad. Mr. Hoover replied that he had spoken to Mr. Hartinger who had agreed to let him use the parking lot for a fee. Mayor Pickar asked when he would be operating. Mr. Hoover replied that he operates in April, May and June, then again in September and October. He would be in Mounds View for probably one week of each season. Councilmember Baumgartner asked where the pottery was obtained. Mr. Hoover replied that he travels to Mexico and purchases it there. Councilmember Rowley asked if there was an ordinance governing such licenses. Attorney Meyers replied that a license is required but the Council may only consider health, safety, and welfare. He also pointed out that if a license is approved, it will expire automatically December 31, 1977. MSP (Hodges Pickar) to approve the transient merchant license of Harvey Hoover to sell pottery at the Launching Pad parking lot provided that he submits'written permission from the owner of the Launching Pad. The license shall be for the month of October only. Councilmember Baumgartner stated that he would like to remind the Council that they previously turned down similar requests, one being from a Mounds View resident. COMMERCIAL VEHICLE PARKING ORDINANCE Administrator Achen presented Ordinance No. 270 which amends Chapter 81.02 entitled Parking Prohibitions of the Municipal Code regarding large trucks and commercial vehicles. After considerable discussion by the Council, it was agreed that the definition of a truck will be a motor vehicle which exceeds a one ton chassis design. It was agreed to prohibit any truck to be parked in a residential district off the street. 3 ayes 2 nays (Ziebarth- Hodges) to adopt the amended Ordinance No. 270. 5 ayes UNPAID UTILITY AND TREE REMOVAL BILLS CERTIFY TO PROPERTY TAXES Administrator Achen stated that the proposed resolution levies property taxes for unpaid utility and tree removal bills. These are bills which have not been paid, and in the case of tree removal, the owner has opted to have the cost certified on the tax bill rather than pay it immediately. MSP (Baumgartner Rowley) to approve Resolution No. 861 regarding unpaid utilities. 5 ayes MSP (Hodges Ziebarth) to approve Resolution No. 862 regarding unpaid tree removal expenses. 5 ayes September 26, 1977 Page 8 METROPOLITAN PLANNING ASSISTANCE GRANT APPLICATION Administrator Achen reported that the proposed resolution authorizes the City's application for $3,753 Planning Assistance Grant and $4,000 Special Planning Problem Funds from the Metropolitan Council to revise the comprehensive plan and land use map according to standards adopted by the Metropolitan Council. Administrator Achen stated that the special problems are the future of existing Highway 10 and the development of the Anoka County Airport to accommodate business a„J cargo jets. MSP (Rowley Pickar) to adopt Resolution No. 863 authorizing application for the Metropolitan Planning Assistance Grant. ADMINISTRATOR ACHEN'S REPORT Administrator Achen asked the Council's advise on an account closed check from Duane Betker. He explained that Mr. Betker requested the City electrical inspector to inspect his house for FHA financing and wrote a check for $5.50 for the inspection. The check was not deposited by the City at the end of March, when it was written. When it was deposited in July, Mr. Betker's account had been closed. When the City contacted Mr. Betker about the check, he refused to pay, because he had warned the City several times to deposit it. Councilmember Baumgartner suggested that the money should be collected from the City employee who had failed to deposit the check. Administrator Achen replied that the employee in question normally deposits all checks at the end of the month and no one is certain why this particular check was not deposited. He also stated that the employee has been with the City 19 years and there had been no trouble in the past that he was aware of. MSP (Pickar Ziebarth) to have the City absorb the $5.50 loss from the check written by Duane Betker. Administrator Achen reported that he had received a call from the Minnesota Pollution Control Agency regardingcomplaintsabout the noise at the NORTH STAR SPEEDWAY. They monitored the noise level and found that it exceeds state limits. They contacted the City of Blaine, who said they had not had complaints and felt it was an isolated incident. Blaine did agree, however, to work with the City of Mounds View. Administrator Achen pointed out that the Blaine license for the Speedway expires on December 31, 1977, which would be a good time to put in stricter controls. Administrator Achen distributed Peter Gregg's proposed for COUNCIL AND STAFF TEAM BUILDING retreats. It includes 6.5 days of Gregg's services which Administrator Achen estimates will cost $3,000. MSP (Pickar- Hodges) to approve the submitted proposal, indicating that the Counci: will be available to meet Friday night and all day Saturday, October 14 and 15, and appropriate $3,000 for the cost of Peter Gregg's services. 5 ayes 5 ayes September 26, 1977 Page 9 Administrator Achen reported that there will be a FIRE DEPARTMENT BUDGET MEETING on September 29th at 8:00 PM. Councilmember Baumgartner and Councilmember Ziebarth stated that they plan on attending the meeting. Administrator Achen requested approval to install a STREET LIGHT AT BONA ROAD AND COUNTY ROAD H. MSP (Ziebarth- Baumgartner) to approve the street light on Bona Road. 5 ayes ATTORNEY MEYERS REPORT Attorney Meyers reported that the Silver View Community Park site acquisition program has been moving very slowly. Attorney Meyers advised that the City is not liable for the sewer backup into Mr. Korus's basement as it was an act of God. Lightning struck the lift station causing it and the alarms to go out of service. ENGINEER HUBBARD'S REPORT Engineer Hubbard stated that he had received a call from CETA of Ramsey County regarding an employee from the City of St. Paul that they would like to transfer to Mounds View. CETA will pay his salary to a maximum of $833 per month for the next twelve months, and Mounds View will have the option to continue his employment on their payroll, Mayor Pickar asked if the City would have to guarantee him a position when the CETA funding ran out. Engineer Hubbard replied no. MSP (Pickar Ziebarth) to approve the hiring of Dick Schmidland as a mechanic's helper effective Monday, October 3rd, to be paid $833 /month and funded by CETA. Councilmember Baumgartner stated that he did not feel the City should be hiring anyone without more thorough background investigation. COUNCILMEMBER HODGES' REPORT No report. COUNCILMEMBER BAUMGARTNER'S REPORT Councilmember Baumgartner reported that 24 applications for the Park Recreation Director position were received. The selection committee has narrowed it down to seven. They are presently checking on their backgrounds and will be reporting to the Council as soon as possible. Councilmember Baumgartner reported that there will be a Planning Commission meeting October 12th. 4 ayes 1 nay September 26, 1977 Page 10 COUNCILMEMBER ROWLEY'S REPORT No report. COUNCILMEMBER ZIEBARTH'S REPORT Councilmember Ziebarth reported on the Park Recreation Commission meeting of September 22nd. The Commission feels strongly that the improvements proposed for Woodcrest Park in the 1978 budget should have priority over Greenfield Park improvements. He also stated that the Commission was disappointed with the Council's decision not to execute the joint powers agreement on the Edgewood tennis courts. MAYOR PICKAR'S REPORT No report. MSP (Pickar- Hodges) to adjourn at 1:05 AM. Respectfully submitted, Mark Achen Clerk- Administrator 5 ayes