HomeMy WebLinkAboutMinutes - 1977/12/12PROCEEDINGS 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 December 12, 1977 at the Mounds View City Hall, 2401
Highway 10, Mounds View, Minnesota 55112.
Members Present: Also Present:
Councilmember Ziebarth
Councilmember Hodges
Councilmember Baumgartner
Councilmember Rowley
Mayor Pickar
CITIZEN COMMENTS AND REQUESTS
There were no citizen comments or requests.
Clerk- Administrator Achen
Attorney Meyers
Engineer Hubbard
MSP (Baumgartner- Hodges) to approve the minutes of the November 28, 1977
regular meeting as presented. 5 ayes
APPROVAL OF THE CONSENT AGENDA
MSP (Hodges Ziebarth) to approve the consent agenda as follows: 5 ayes
ITEM A. Reschedule the regular Council meeting (fourth Monday
of the month) to December 19, 1977, at 7:30 PM.
ITEM B. Set public hearing for 8:00 PM, January 9, 1978,
on Dailey Homes preliminary plat and rezoning of
property generally located at 7555 Groveland Road for
duplex development.
ITEM C. Set public hearing for 7:40 PM, January 23, 1978, on
7 -11 conditional use permit request for the addition of
gasoline pumps at 7295 Silver Lake Road.
ITEM D. Adopt Resolution No. 875 designating certain tax forfeited
lands non- conservation lands and authorizing sale thereof.
ITEM E. Adept Resolution No. 876 reapportioning special assessments
for the George Payne minor subdivision.
ITEM F. Approve the December 12, 1977, bills for payment.
December 12, 1977
ITEM G. Approve the following licenses:
CONTRACTORS expire 6/30/78
General renewal
AA -1 Builda Supply Inc.
1130 Payne Ave.
St. Paul, MN 55101
Dailey Homes Inc
8510 Central Ave. N.E.
Blaine, MN 55434
Heating renewal
Englund Heating Inc.
Isanti, MN 55040
Sewer Water Exc. renewal
Marty Bros.
9436 Q Lane
Osseo, MN 55369
Mitsch Plumbing Htg Inc.
317 Central Ave.
Osseo, MN 55369
General new
Page 2
Belair Builders, Inc.
443 8th Ave. N.W.
New Brighton, MN 55112
HOME OCCUPATION REGULATIONS ORDINANCE
Attorney Meyers read the new home occupation regulation, which was written after
discussion between the Council, City Administrator and City Attorney.
Councilmember Ziebarth expressed concern with Item H, which involves visable
activities and wondered if it also covered odors and noise. Administrator Achen
replied that Item G covers those areas.
Councilmember Ziebarth also asked if Item 3B, which covers more than one room on
the premises would also include storage. Mayor Pickar replied that it would include
storage and that the occupation would be limited to one room, including storage.
Russell Paul, 7940 Greenfield stated that he did not feel the citizens of Mounds View
had a chance to speak up against the issue.
Jim Allen, 7943 Greenfield stated that the issue had been tabled at the last Council
meeting and wanted to know if notice had been sent out that it was being discussed
again.
Mayor Pickar replied that the issue had been tabled to allow the City Administrator
and City Attorney to discuss the ordinance and work out the wording, which had teen
done. He also pointed out that a specific time does not have to be set in order to
discuss an issue again and that all C.u meetings are open to the public and that
any citizen was welcome to attend any Council meeting and voice their opinion.
Councilmember Baumgartner stated that the issue had been discussed widely in the
Planning Commission meetings, which had been advertised. He also pointed out that
the official agenda is published each Friday before a Council meeting and is posted
in City Hall for anyone to look at to see what is going to be discussed.
Mr. Allen stated that he felt the City should advertise the meeting and notify all
the citizens of what was to be discussed.
December 12, 1977 Page 3
Councilmember Rowley stated that she has a list of citizens who are interested in
different issues who she calls whenever an issue they are interested in is going
to be discussed.
Councilmember Baumgartner pointed out that to individually notify every citizen in
Mounds View of what was going to be discussed at each meeting would be extremely
expensive and asked if Mr. Allen would like the increased cost to become part of
the taxes he pays. Councilmember Baumgartner also stated that at the recent Council
retreat, the issue of communication with the citizens was brought up and that a
committee was being formed to work on the issue.
Mr. Allen stated that he would serve on the committee for citizen communication.
Mr. Paul asked if there could be a lapse of time from when the Council votes on an
issue before it takes effect. Attorney Meyers replied that it would be possible,
under home rule charter, but would involve changing the City government.
MSP (Pickar- Hodges) to adopt Ordinance #271 regarding home occupations.
Councilmember Ziebarth nay
Councilmember Hodges aye
Councilmember Baumgartner aye
Councilmember Rowley aye
Mayor Pickar aye
4 ayes
1 nay
Mayor Pickar recessed the general meeting and opened the public hearing scheduled
for 8:00.
TOMAS ADDITION PRELIMINARY PLAT
Gene Tomas explained that the property in question is at approximately 5065 Bona
Road and that it was originally three pieces of land, which he would like to sub-
divide into five lots. The lots would be 81.46' wide, approximately 3.5' shorter
than the required 85' frontage and that he would like a variance for the sub-
standard lots.
Mayor Pickar asked if there was a drainage easement that would go through the center
lot. Mr. Tomas replied that there was and that it would not present any problems
on building on the lot.
Engineer Hubbard stated that he had looked at the grading plan and asked that the
level be raised to avoid any problems.
Walter Truh, 2406 Woodcrest Drive asked how the drainage would affect the homes in
the area already. Engineer Hubbard replied that it should not present any problems.
Councilmember Baumgartner stated �c d that in addition to being short of the frontage
requirements that the lots were also short of the square footage requirements by 44
square feet on each lot. He also pointed out that if only four homes were built
rather than five, the cost per home would increase considerably and price many people
out of one of the homes, as they would be in the $60,000 range. Councilmember
Baumgartner also stated that he felt five homes on 82' lots would fit in with the
houses they would be facing.
Mr. Tomas stated that he would be building good quality homes and that while it is
December 12, 1977 Page 4
very difficult to build a quality home for less than $50,000 presently, that the
cost will go to at least $55,000 for that same home in the Spring. He also pointed
out that he must guarantee his workmanship on each home for a full year so he would
be very careful not to create a water problem, which could cost him several thousand
dollars to fix at a later date.
Administrator Achen recommended that the Council address the number and size of the
lots now and have the City Engineer get further input on the drainage situation.
Attorney Meyers pointed out that a. hardship must be determined in order to grant a
variance for lot size.
Councilmember Ziebarth stated that the size of the lots seem to be tied directly into
the drainage situation.
Councilmember Rowley stated that she would like to know the drainage information
before voting on the issue.
MSP (Pickar- Hodges) to continue the public hearing until December 19, 1977 at 7:40 PM
to include the final grade plans so the Council can better select the number of
lots. 5 ayes
Mayor Pickar closed the public hearing on the Tomas Addition and opened the next
public hearing.
CEDAR BAY ADDITION PRELIMINARY PLAT
Rudy Bayer, 1700 3rd Street NW, New Brighton introduced himself as one of the owners
of the property and stated that the land in question would be platted into six lots,
with no variance required.
Mayor Pickar explained to Mr. Bayer the process of a development agreement.
MSP (Pickar Ziebarth) to approve the preliminary plat of Cedar Bay Addition as
presented, with easements of 5' along the property lines. 5 ayes
Councilmember Hodges questioned the need of the 5' easement. Administrator Achen
explained that the City required it in order to be able to work on any utilities.
Mr. Bayer stated that Cedar Bay Builders is not the owner of the property, as shown
on the preliminary plat but that it would be called Cedar Bay Addition.
Mayor Pickar closed the public hearing and reopened the general meeting.
CEDAR BAY BUILDERS MINOR SUBDIVISION 8347 GREENWOOD DRIVE
Administrator Achen reported that there's a 16.5' strip of land on the north side of
the property which Staff recommends be sold to one of the adjacent property owners,
which would avoid future problems of who is supposed to maintain the property and
possibly prevent its use as a drive through street between Eastwood and Greenwood.
Mr. Bayer stated that he would be perfectly willing to go along with whatever the
City requires of the 16.5' strip of land.
December 12, 1977 Page 5
Councilmember Baumgartner suggested that Mr. Bayer contact the adjacent property
owners since they had at one time expressed a desire to purchase the strip of land,
and a decision should be made before the plat is drawn up.
Attorney Meyers stated that he felt it would work out best if the land was deeded back
to the City and the City be responsible for it, or that it could be sold to one of
the adjacent property owners.
MSP Pickar- Ziebarth) to approve the minor subdivision request of Cedar Bay Builders
by creating a third lot of 16.5' x 322', by extending the north /south lot line to the
north extremity of the plat, contingent upon the third lot created being deeded either
to one of the property owners adjacent or to the City, for the final approval of
the City. 4 ayes
1 nay
Councilmember Baumgartner stated that he had voted against the motion as the City
had gotten itself out of real estate by getting rid or the property and did not feel
that they should be taking it back.
Mayor Pickar replied that he does not anticipate that the City will get the land back.
UTILITY RATES FOR WATER AND SEWER
Administrator Achen reported that the City last raised the sewer and water rates in
1973, with the raise taking effect in 1974. The proposed rate increase would take
effect the beginning of 1978 and while the increase would be 23.9 it would be 10%
less than the increase in the cost of living during the same period of time. The
first bill the citizens would receive under the new rate structure would be sent
out in April of 1978 and would cover service for the first three months of 1978.
Russell Paul stated that he felt the increase was too high and would like to see
it trimmed.
Administrator Achen replied that the average family in Mounds View uses $12 of
services per quarter now, while that cost is expected to be $19 per quarter by
1980 and that the City feels the best way to make the change would be to put
the increase into effect now to work against the deficit.
Mayor Pickar stated that he agreed it was a large increase but that it was necessary
in order to pay the Metro Waste Commission, who bills the City.
Administrator Achen stated that there would not be an increase in cost to anyone
who uses less than 40,000 gallons per year, which is the group that senior citizens
usually fit into.
MSP Ziebarth Hodges) to approve Resolution #877 for utility rates for water and
sewer. 5 ayes
WATER SYSTEM STUDY CONSULTANT SELECTION
Engineer Hubbard reported that six companies submitted proposals for the water system
study to the City. Engineer Hubbard stated that after reviewing the proposals, he
felt Consulting Engineers Diversified was best suited to do the work.
December 12, 1977 Page 6
Jerry Linkee asked what type of study was going to be done. Engineer Hubbard replied
that the whole system for the City would be tested pressure wise to determine if it
would hold up to meet fire department demands, i.e., two fires in different parts of
the City at the same time, future water demand, whether any more welts would be needed,
and so forth.
MSP (Hodges Rowley) to accept the recommendation from the City Engineer and award
the contract to Consulting Engineers Diversified, with the price not to exceed
$7,500. 5 ayes
AMUSEMENT DEVICES LICENSE RENEWAL
i'ayor Pickar stated that the Council had previously stated a desire to review the
issue of amusement devices before acting on new licenses. Chief Grabowski has
informed the City that the Bel Rae Ballroom has removed their amusement devices
because of problems they encountered with vandalism and excessive wear and tear
on the machines. He also stated that the other existing amusement devices do
not create any special problems from a police perspective.
Administrator Achen stated that Bel Rae Ballroom had just submitted an application
for 4 pinball machines and 2 general devices, which they plan to put in their main
area.
Councilmember Hodges asked what the difference was between pinball machines and
general devices. Administrator Achen replied that pinball machines were a separate
category and that everything else was put into the general classification.
Councilmember Ziebarth expressed concern with the number of devices allowed in that
they might create a hazard.
MSP (Ziebarth- Hodges) to renew the licenses for amusement devices as indicated in
Item 10 on the agenda, with 6 general devices for Mounds View Square, 1 pinball and
10 general devices for the Mermaid, 3 pinball and 12 general devices for the Launching
Pad and 4 pinball and 2 general devices for the Bel Rae Ballroom. 5 ayes
CITY HALL ENERGY CONSERVATION THERMOGLAZING BIDS
Administrator Achen stated that bids had been received for thermoglazing the windows
of City Hall. The installer may be able to do the foyer addition on a Friday after-
noon and Saturday, which would avoid the need for a temporary entrance. The
additional cost for triple glazing may not be realized in reduced utility bills for
some time at today's utility rates but over the long run it is expected the costs
for heating and cooling City Hall will continue to escalate and the additional
expenditure may be paid off in a shorter time than expected.
Jerry Linkee asked if salvage had been included in the bids. Administrator Achen
replied that it had been.
Russell Paul asked if the project could be put off until summer to avoid the extra
cost of a temporary entrance. Mayor Pickar replied that the work was being done now
to save the City the extra heating cost for the coming winter.
MSP (Ziebarth Rowley) to award the contract to the low bidder, Insul -Aid Co. and
consider the $1,068 for triple glazing provided that it could be shown that there
would be some additional savings and without a temporary entrance. 5 ayes
December 12, 1977 Page 7
POLICE CRIMINAL JUSTICE DATA COMMUNICATIONS NETWORK TERMINAL AGREEMENT
Administrator Achen reported that the Police Department has persuaded the State Public
Safety Department to install a police data communications terminal in the Mounds View
police station in 1978. The installation had previously been scheduled for 1980 -81
but virtually all the municipality police departments around Mounds View already have
such terminals and Mounds View has been handicapped without one. The operating charges
of $300 per month will be paid by the State for an indefinite period of time and is
currently included in the Public Safety Department's annual appropriation request to
the legislature. The City must excute an agreement stating that it will be respon-
sible for the charge in the future if the State appropriation is either reduced or
eliminated. The City would have the option of disconnecting the terminal if the
cost seems prohibitive at such time.
MSP (Rowley Ziebarth) to authorize execution of the agreement and to allow up to $200
from the 1978 budget to install the terminal. 5 ayes
1978 POLICE SQUAD CAR BIDS
Mayor Pickar reported that bids had been received from four car dealers for the new
squad cars, with the low bid being received from Minor Ford. The money for the cars
has been appropriated from the 1st quarter of 1978.
MSP (Pickar Hodges) to accept the bid from Minor Ford for two LTD 2's at a price of
$10,795.96.
5 ayes
Councilmember Ziebarth asked if the cars bid on were comparable to what was wanted.
Mayor Pickar replied they were.
COPIER REPLACEMENT
Administator Achen reported that the City had reviewed seven different types of
copiers. The primary considerations had been two sided copying, sheet paper, stream
feediug, easy maintenance, use of city letterhead, sorter, tint adjustment, good
copy quality, good paper quality, ability to copy maps, reduction capabilities
and large document copy, and while no machine had all the desired features, several
were available.
Administrator Achen recommended leasing a Xerox 4000 and stated that in the middle
of 1978 Xerox would have a new model machine available with added capabilities that
Mounds View would have an option to change to if the City wanted to.
Councilmember Ziebarth asked if the City had tried out the Xerox 4000. Administrator
Achen replied that it had not been available for a trial in the City Hall, but that
they had made some on -site visits to inspect the machine.
Russell Paul asked why the City charges 25 cents per copy while the Post Office only
charges 15 cents. Administrator Achen replied that the high price was to discourage
outside use, as it was very time consuming for City employees to stop and make copies
for people, and that the high cost basically covered the cost of the employee, rather
than the machine or paper.
MSP (Pickar Ziebarth) to accept the Xerox 4000 at $262.50 per month. 5 ayes
December 12, 1977 Page 8
CITY HALL BASEMENT REMODELLING SPECIFICATIONS
Administrator Achen stated that the issue would be held over to the December 19
Council Meeting.
HOUSING CODE REGULATIONS ORDINANCE
Administrator Achen reported that the proposed amendment made minor changes to the
housing code, which should hopefully alleviate problems in enforcement.
Administrator Achen read the proposed ordinance.
Attorney Meyers stated that the new wording would tighten up the enforcement.
Councilmember Ziebarth asked if there would be any problem in not having closing dates
in the ordinance, i.e., there were starting dates for storm windows and screens, but
no specified date when they had to be taken down. Attorney Meyers replied that he
felt the important date was the date they should be up.
MSP (Ziebarth Rowley) to approve Ordinance #272 for housing code regulations. 5 ayes
ADMINISTRATOR ACHEN'S REPORT
Administrator Achen reported that the write -up of the Council and Staff retreats
was completed and available at City Hall.
Administrator Achen reported that a new building inspector had been selected, and
that applicants had been tested using the State civil service test, oral grou7.
interviews and individual interviews. The applicant selected is James A !ickenson,
3020 Filmore Street, Minneapolis, who will be starting December 19, at $1150 per
month, with a raise to $1200 per month at the end of a successful six month pro-
bationary period.
MSP (Hodges Ziebarth) to hire James Dickenson effective December 19, 1977. 5 ayes
Administrator Achen reported that the City has received complaints that Mid American
Auto is parking vehicles on the grassy areas which is contrary to their special
use permit and that neighboring citizens have been disturbed by mechanical repairs
being made at all hours. The number of vehicles kept on the lot poses internal
congestion problems and Staff recommends that Council reviews the special use
permit before renewal of the permit on December 31, 1977.
Attorney Meyers stated that a public hearing would not be required but could be
held if the Council chose to. He stated that a temporary license could be issued
but the City would have to be certain it is understood they are not waiving their
right to revoke the permit by accepting the $100 fee.
Councilmember Ziebarth stated that the neighbors to Mid American Auto should be
notified before the meeting. Councilmember Baumgartner recommended sending a letter
to all residents within 350' of the business.
MSP Baumgrtner- Rowley) to ask the operators of Mid- American Auto to attend the
Council meeting on Monday, December 19, 1977 for a general discussion on their
operating permit and that persons living on residential property within 350' be
notified by letter of the meeting. 5 eves
December 12, 1977 Page 9
ATTORNEY MEYERS' REPORT
Attorney Meyers reported that he had found the file from 1964 on the lawsuit filed
against the Metropolitan Airport Commission and that while it is now old law and
there was nothing relevent in the file, it would be available for anyone who wanted
to look at it.
Attorney Meyers also reported that the City has been served with notice of declaratory
action judgement regarding the truck parking law and that a motion is being
heard on December 13 to determine whether a temporary restraining order can be
placed on the City.
Attorney Meyers also reported that James Refrigeration has filed suit against the
City for the fast food operation they want to put in at Highway 10 and Red Oak
Drive and that all Council members have been served depositions. He reported that
he will be reviewing the issue to determine if the Council members must give depo-
sitions.
Attorney Meyers reported that the Launching Pad had recently had a wet t -shirt
contest and that an alleged violation had occurred which could effect their license.
He stated that he would be checking into it further.
COUNCILMEMBER ZIEBARTH'S REPORT
Councilmember Ziebarth brought to the Council's attention an article from the Decem-
ber 11, 1977 St. Paul paper, regarding softer nudity laws, in which it was stated
that Mounds View dancers may dance topless and asked that the City contact the paper
and have a correction printed.
Councilmember Ziebarth also stated that he had heard there may be violations at the
Mermaid regarding topless dancing, and asked that it be checked into.
Councilmember Ziebarth reported that there would be a meeting of the Park and Re-
creation Department at Edgewood Junior High on December 14, 1977 at 6:30 and that
he would present a full report of his other activities on December 19.
COUNCILMEMBER HODGES' REPORT
Councilmember Hodges had no report.
COUNCILMEMBER BAUMGARTNER'S REPORT
Councilmember Baumgartner had no report.
COUNCILMEMBER ROWLEY'S REPORT
Councilmember Rowley reported that she had met on December 8 with three council
=ambers from Spring Lake Park, along with Councilmember Baumgartner, Bruce Anderson
and two members of the Lakeside Park Commission and that the problems of the
commission had been discussed. She stated that another meeting is scheduled for
January 12, 1978 to further work on the problems.
December 12, 1977 Page 10
MAYOR PICKAR'S REPORT
Mayor Pickar stated that there would be a meeting of the General Association of
Metropolitan Municipalities on January 5, 1978 which he was planning on attending.
Councilmembers Rowley and Ziebarth stated that they also planned to attend.
Mayor Pickar reported that he had received a letter from the American Red Cross
asking what the City was doing to help elderly residents cope with the rising cost
of fuel.
Vayor Pickar also reported that he had received a letter from the Arden Hills Human
Rights Commission, trying tu schedule a meeting of the suburban communities Human
Rights Commissions for January 14 and that he was not sure yet if he could be able
to attend that meeting.
Mayor Pickar stated that he had received a request that more information on what is
being discussed at the Council meetings be available to the citizens so they can
follow along more easily.
MSP Ziebarth- Hodges) to adjourn the meeting at 11:10 PM. 5 ayes
Respectfully submitted,
Mark Achen
Clerk /Administrator