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HomeMy WebLinkAboutMinutes - 1978/10/23A G E N D A 1. Roll call of officials 2. Approval of minutes of regular meeting October 10, 1978 3. Citizen comments and requests Mounds View City Council October 23, 1978 CITIZENS: BEFORE SPEAKING, PLEASE GIVE YOUR FULL NAME AND ADDRESS FOR THE MINUTES 4. Approval of consent agenda: Item A. Designation of precinct polling places B. Change Veteran's Day holiday C. Specifications for sewer jet rodder D. Reschedule first agenda session in November E. Cancel Project 1978 -6 hearing and continue Dailey Knolls preliminary plat hearing F. Receive September activity reports G. Bills for payment H. Licenses 5. Public hearings (a) Rezoning of 2291 Knoll Drive From R -1 Single to R -2 Duplex Residential District (7:40 PM) (b) Rezoning of Seven Eleven property From B -2 Highway to B -1 Neighborhood Commercial District (8:20 PM) 6. Metro Clean Air Committee Presentation by Marge Christensen 7. Project 1978 -9 bid award Repainting of Elevated Water Tower and Treatment Plant No. 1 8. Greenfield Park skating rink lighting bid award 9. Project 1978 -4 bid cancellation Mounds View Industrial Palk No. 2 street utility extensions 10. Reports of officials 11. Adjournment The consent agenda is a technique designed to expedite handling of routine and miscellaneous official business of the City Council. The entire agenda may be adopted by the Council in one motion. The motion for adoption is non debatable and must receive unanimous approval. By request of any individual Councilmember, any item can be removed from the consent agenda and placed upon the regular agenda for debate. ITEM A. Adopt Resolution No. 942 designating polling places for the November 7, 1978, General Election. This action changes the Precinct 6 polling place from the Cross of Glory Lutheran Church to the Mounds View city hall basement, because the former is not available for the General Election. All other precinct polling places will be the same as in the Primary Election. ITEM B. Adopt Ordinance No. 286 amending Chapter 6.31 of the Municipal Code entitled Personnel, Holidays. The Minnesota Legislature recently changed Veteran's Day to fall on the traditional date, November llth, rather than on a Monday. This ordinance includes Veteran's Day with other holidays, such as Christmas and Independence Days, for observance on the day before or after the actual date whenever such holiday falls on a Saturday or Sunday. ITEM C. Approve specifications and authorize solicitation of bids to be opened at 11::3 AM CST, Thursday, November 9, 1978, for the purchase of a truck mounted combination vacuum and high pressure water je+ sewer cleaning system sewar jet rodder) as authorized in the 1979 Budget. ITEM D. Reschedule the regular Council agenda session, Monday, Novem- ber 6, 1978, to Thursday, November 9, 1978, at 7:00 PM. ITEM E. Cancel the continuation of Project 1978 -6, Silver Lake Road sewer and water extensions, improvement hearing. The applicant for the Dailey Knolls proposed plat was the only involved property owner who submitted a proposal for utility service extensions as requested by the Council at its August 14, 1978, hearing on Project 1978 -6. Continue the Dailey Knolls prelimi- nary plat hearing at 7:50 PM, Monday, November 13, 1978. ITEM F. Receive the September, 1978, activity reports of the city attorney, police, fire and nuisance abatement departments. ITEM G. Approve the October 23, 1978, bills for payment. ITEM H. Approve the following licenses: CONTRACTORS expire 6/30/79 General renewal Cement renewal B K Builders 5727 Knox Ave. N. Heating new Sewer Water new The Tinn Shoppe 110 Hamel Road Daleiden Plbg Htg 120 1st N.E. CONSENT AGENDA October 23, 1978 L. H. Huot 7723 Groveland Road Galaxy Mechanical Cont. Inc. 1308 113th Ave. N.E. 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 on Monday, October 23, 1978, at the Mounds View City Hall, 2401 Highway 10, Mounds View, Minnesota 55112. Members present: Also present: Mayor Pickar Clerk- Administrator Achen Councilmember Hodges Attorney Meyers Councilmember Rowley Councilmember Ziebarth Members absent: Councilmember Baumgartner MSP (Rowley- Hodges) to approve the minutes of the October 10, 1978, meeting. Councilmember Ziebarth stated he was abstaining from the vote as he had been absent at the October 10 meeting. METRO CLEAN AIR COMMITTEE Marge Christensen of the Metro Clean Air Committee gave a presentation to the Council and explained what the Metro Clean Air Committee was doing to assist in public partici- pation in the Clean Air Act and controls. Ms. Christensen asked that the Council designate a member to act as liaison to the Metro Clean Air Committee. Mayor Pickar replied that either Councilmember Rowley or Councilmember Ziebarth would be acting as liaison. Attorney Meyers stated that he would like to report to the citizens relative to a conference he had had with the Council before the regular meeting was called to order at 7:30. He reported that he had been in federal district court the previous week on a civil rights case involving the city since 1973 and that Judge Devitt had instructed him to meet with the Council and discuss the case. This is permitted under the open meeting law. CITIZENS COMMENTS AND REQUESTS Jesse Varns, 7350 Silver Lake Road, asked what permission he needed to burn some 5' to 7' tall cattails in a slough in back of his properLy. Administrator Achen replied that there are general metro -wide regulations to be followed and also advised that if cattails were involved, that the DNR be contacted as they have regulations to be followed. Administrator Achen also advised that Mr. Varns contact the Mounds View/ Spring Lake Park /Blaine Fire Department for their input. Mr. Varns asked if the Council had considered providing relief to senior citizens on their water bills. Mayor Pickar replied that the water bills cost to the City is going up and that the City must restructure the billing program. He added that consideration will be given to senior citizens when the billing program is restructured. 3 ayes 1 abstain October 23, 1978 Page 2 Lloyd Scott, 5100 Red Oak Drive, stated that he has a bad water problem with the City water coming in rusty. Mayor Pickar asked how long he had been experiencing the problem; Mr. Scott replied that they had had trouble since they moved in eight years ago and had already had to replace the water heater. He added that he had spoken to various City officials but had not been informed of any resolutions to the problem. Mayor Pickar asked if any of the neighbors in the area had experienced the same problem. Mr. Scott replied that a few had, but not as frequently. Mayor Pickar replied that the City would be getting back to Mr. Scott on the problem. Neil Loeding, 5046 Longview Drive, referred to the Series 1973 issue and asked what Task Force had been formed to relieve basement flooding. Mayor Pickar replied that it was the same Task Force that Mr. Loeding had been on. He added that he would like a copy of the report Mr. Loeding was referring to so he could reply to him further. REZONING OF 2291 KNOLL DRIVE FROM R -1 SINGLE TO R -2 DUPLEX RESIDENT?AL DISTRICT 7:45 PM Mayor Pickar recessed the regular meeting and opened the public hearing on rezoning of 2291 Knoll Drive. Mayor Pickar explained that the applicant, Mr. Jurgensen, has aksed the City for permission to rezone from R -1 to R -2. He added that Mr. Jurgensen had appeared before the Planning Commission on August 9, and the Planning Commission recommended that the rezoning not be granted as it is not consistent with the Comprehensive Plan and would be spot rezoning and it is not compatible with the neighborhood, and the petitioner has not demonstrated a need for the property to be rental property. Mayor Pickar added that Staff has informed the Council that the arrangement in the home does meet R -2 duplex definitions. George Hall, 2307 Knoll Drive, stated that he had no objections to the rezoning. Neil Johnson, 2277 Knoll Drive, stated that he was not in favor of residential rezoning from R -1 to R -2. He stated that he moved to Mounds View from St. Paul to get away from multiple family dwellings. Mr. Johnson also stated that he was concerned with parking congestion and that he was afraid this rezoning could set a precedent for further spot rezonings. John Oberdahl, 2274 Knoll Drive, stated that he was against the rezoning as there were enough cars in the street already and that he was afraid the value of property would go down. Shirley Berg, 2291 Lois Drive, stated that she had no objections to the rezoning and that she felt the extra cars would cause no more problems than those created by families with grown children living at home. Charles Wilkes, 2283 Knoll Drive, stated that he felt it wac a Quiet section of town and that a multiple dwelling would deviate from it. Jerry Linke, 2319 Knoll Drive, stated that he disagreed with Mr. Wilken. Councilmember Ziebarth asked if there were any other duplexes in the area. Mr. Jurgensen replied that there were none. Councilmember Hodges stated that spot rezoning requests had come up in the past and October 23, 1978 Page 3 that the Council had turned them down and that he was not in favor of starting to approve them now, after turning other applicants down. Councilmember Rowley stated that she agreed with Councilmember Hodges and added that she does not feel approving multiple family dwellings in single family areas would be a good idea. Mr. Jurgensen stated that he had lived in the house for almost 25 years and had never had any parking problems or other problems. Mrs. Jurgensen added that the reason the basement was finished as a separate apartment was because their son had married at a young age and had lived in the basement with his wife for a year. They moved out and a friend from Wisconsin took over the basement apartment. MSP (Ziebarth Hodges) to deny the request for the rezoning. Mayor Pickar stated he was abstaining from the vote as he was a neighbor of the Jurgensons. Charlotte Forslund, 7886 Sunnyside Road, asked if the home was a duplex. Mayor Pickar replied that it meets the definition of a duplex. Mrs. Jurgensen explained that the friend who is living in the basement is getting married on December 2 and asked if he could live there until his wedding. MSP Pickar- Ziebarth) to grant permission for the resident to continue living with the Jurgensen's until December 2. 4 ayes 8:02 PM Mayor Pickar closed the public hearing and reopened the regular meeting. APPROVAL OF CONSENT AGENDA Councilmember Ziebarth asked that Item F be removed from the consent agenda. MSP (Rowley- Hot..ges) to approve the consent agenda as follows: ITEM A. Adopt Resolution No. 942 designating polling places for the November 7, 1978, General Election. This action changes the Precinct 6 polling place from the Cross of Glory Lutheran Church to the Mounds View city hall basement, because the former is n Jt available for the General Election. All other precinct polling places will be the same as in the Primary Election. ITEM B. Adopt Ordinance No. 286 amending Chapter 6.31 of the Municipal Code entitled Personnel, Holidays. The Minnesota Legislature recently changed Veteran's Day to fall on the traditional date, November llth, rather than on a Monday. This ordinance includes Veteran's Day with other holidays, such as Christmas and Independence Days, for observance on the day before or after the actual date whenever such holiday falls on a Saturday or Sunday. 3 ayes 1 abstain 4 ayes October 23, 1978 ITEM C. Approve specifications and authorize solicitation of bids to be opened at 11:00 AM CST, Thursday, November 9, 1978, for the purchase of a truck mounted combination vacuum and high pressure water jet sewer cleaning system (sewer jet rodder) as authorized in the 1979 Budget. ITEM D. Reschedule the regular Council agenda session, Monday. Novem= ber 6, 1978, to Thursday, November 9, 1978, at 7:00 PM. ITEM E. Cancel the continuation of Project 1978 -6, Silver Lake Road sewer and water extensions, improvement hearing. The applicant for the Dailey Knolls proposed plat was the only involved property owner whc submitted a proposal for utility service extensions as requL by the Council at its August 14, 1978, hearing on Project 1978 -6. Continue the Dailey Knolls prelimi- nary plat hearing at 7:50 PM, Monday, November 13, 1978. IT x"1 G. Approve the October 23, 1978, bills for payment. ITEM H. Approve the following licenses: CONTRACTORS expire 6/30/79 General renewal Cement renewal B K Builders 5727 Knox Ave. N. The Tinn Shoppe 110 Hamel Road Daleiden Plbg Htg 120 1st N.E. L. H. Huot 7723 Groveland Road Heating new Sewer Water new Galaxy Mechanical Cont. Inc. 1308 113th Ave. N.E. Page 4 Councilmember Ziebarth stated he would like to make sure everyone was aware of the item on the consent agenda which changed the polling place for Precinct 6. Councilmember Ziebarth stated he would like more information on the September police report as to the type of calls they had received from the Mermaid Lounge. He noted that he wants to know whether having a 24 hour operation has increased police problems. MSP Ziebarth- Rowley) to accept Item F of the Consent Agenda, to receive the September, 1978 activity reports of the city attorney, fire, police and nuisance abatement departments. 4 ayes PROJECT 1978 -9 BID AWARD REPAINTING OF ELEVATED WATER TOWER AND TREATMENT PLANT NO. 1 Administrator Achen reported that bids for Project 1978 -9. the repainting of the water tower no. 1 and treatment plant no. 1 were received from five companies.. Administrator Achen presented the breakdown of the bids for Schedule A, the repainting of the eleva- October 23, 1978 Page 5 tor tower, with H A Water Specialists being low bidder at $23,075, and for Schedule Oft B, the treatment plant, with Tenyer Coatins being the low bidder at $12,000, and with H A Water Specialists being the overall low ibdder with a total bid of $36,375. Administrator Achen explained that Larson Tank Co. of Hopkins had submitted a bid of $36,000 for Schedule A but had not bid on Schedule B. Comstock Davis contacted them to make sure they only intended their price to cover Schedule A, as it was $36,000, which would have made them the overall low bidder, but they verified that they intended their bid to cover Schedule A only. Attorney Meyers recommended that the City get a letter from Larson Tank Co. verifying that their bid only covered Schedule A. MSP (Rowley Ziebarth) to accept the low bid of H A Water Specialists for $36,375 for cleaning and repainting of the elevated water tower and treatment plant no. 1, contingent upon verification that the Larson Tank Co. bid was based strictly upon bidding on Schedule A and not meant to be bid for both Schedules A and B, per a statement from John Bearden of Comstock Davis. 4 ayes REZONING OF SEVEN ELEVEN PROPERTY FROM B -3 HIGHWAY TO B -1 NEIGHBORHOOD COMMERCIAL DISTRICT 8:25 PM Mayor Pickar recessed the regular meeting and opened the public hearing on rezoning Seven Eleven property from B -3 to B -1. Mayor Pickar asked if there was anyone present in the Council Chamber to represent Seven- Eleven. There was no response. Administrator Achen reported that the legal notice had been published in the New Brighton Bulletin on October 12, 1973, and that the legal notices had also been mailed on October 12, 1978, to the required property owners within 350'. He stated that Seven Eleven was sent a legal notice and had been sent a letter on September 26, 1978, informing them that the Council had set a public hearing for October 23, 1978, for downzoning, although they are not present. Administrator Achen stated that since the last Council meeting the City has received no communication from Seven Eleven. He stated that the City had sent them a letter informing them of the time and date of this public hearing and that the Council would be discussing the rezoning. Administrator Achen explained that the Planning Commission, at the time it considered Seven- Eleven's application for conditional use permit for gas sales, recommended the property be downzoned to B -1 to conform with the Comprehensive Plan. Attorney Meyers stated that authorization for rezoning lies with the Council and that such a decision requires a 4 /Sths vote by the Council. Attorney Meyers stated that downzoning may involve the property owners rights but that with B -3 to B -1, the existing use would be permitted to continue and should cause no liability or damage on the part of the City. Attorney Meyers also stated that he did not feel a court would be sympathetic with Seven Eleven since they had not shown up for several of the Council or Planning Commission meetings to discuss their request or the rezoning, nor were they at this hearing. Duane McCarty asked if gas pumps were allowable under B -3. Administrator Achen replied they would require a conditional use permit, and that they would not Oft be allowed under B -1. MSP (Pickar Ziebarth) to rezone the parcel of property described from B -3 to B -1, neighborhood commercial district, based on the reports from the Planning Commission, Midwest Planning and recommendations by City Staff. The Councilmembers are all familiar with the property and have viewed it. October 23, 1978 A rollcall vote was taken: nlA ui„1,5.2m" 52 Councilmember Rowley aye Councilmember Ziebarth aye Councilmember Hodges aye Mayor Pickar aye 8:38 PM Mayor Pickar closed the public hearing and reopened the regular meeting. Page 6 4 ayes GREENFIELD PARK SKATING RINK LIGHTING BID AWARD Administrator Achen reported that the budget for the project was set at $11,500, with $3,500 for materials and $3,000 for the rink lights. Administrator Achen presented the bids received on both portions of the project. The low bids of Siwek Lumber and Millwork for $3,800 for materials and of Collins Electric of $11,400 for the lights came in $3,700 over budget, which Administrator Achen reported would have to come out of the revenue sharing fund. Park Director Anderson stated that the specs had included moving a light pole from Greenfield to Edgewood, which had not been budgeted for. He explained that there was presently no lighted pleasure rink in the soutneast corner of the City and that this light would provide lighting at Edgewood. He also stated that if the kids were relet for a quartz system, they would most likely come back within budget but explained that the maintenance costs on the quartz system was much higher. Mayor Pickar stated that the project had been delayed for quite some time and that he felt any additional delay would result in additional cost. MSP (Pickar Ziebarth) to accept the low bid of Siwek Lumber and Millwork of $3,800 for materials and the low bid of Collins Electric of $11,400 for lighting. The reason Lake Elmo Hardware is not being considered is because their bid was for lumber only. The $3,700 over budget is to be paid by the revenue sharing fund. 4 ayes Councilmember Ziebarth stated that he also felt the cost of the project would not get any cheaper by waiting. PROJECT 1978 -4 BID CANCELLATION MOUNDS VIEW INDUSTRIAL PARK NO. 2 STREET AND UTILITY EXTENSIONS Administrator Achen stated that following Council's action at the last meeting con- cerning the bond sale, he had directed the engineering consultant to cancel the bids on Project 1978 -4, which was to be financed by the bond sale. MSP (Ziebarth Hodges) to cancel the bids for Project 1978 -4. 4 ayes Bill Doty asked where Pro,act 1978 -4 was located. Administrator Achen replied that it is Mounds View Industrial Park, with the extension of Mustang Road, and that it would not have any bearing on the two businesses just approved for the Park as they October 23, 1978 Page ADMINISTRATOR ACHEN'S REPORT Administrator Achen reported that he had spoken to the Metropolitan Council regarding their review of MAC's Scope of Work for the Anoka County Airport and that review will be delayed until November 8. It will then go before the Transportation Subcommittee and on November 16 before the Physical Development Committee, and on November 30 beforz the full Council. He stated that comments could be submitted at the November 8 and November 16 meetings. Councilmember Rowley reported that the North Suburban Chamber of Commerce has taken a stand supporting the upgrading of the airport and asked that Mounds View send them a letter telling them Mounds View's position on the airport. MSP (Rowley- Ziebarth) to have any resolutions the Council passed regarding the airport issue forwarded to the North Suburban Chamber of Commerce so they know where Mounds View stands. 4 ayes Administrator Achen reported that he had written to the Metropolitan Council regarding the Shoreview diseased tree burning site. Administrator Achen reported that the Ramsey County League will meet at 7:30 PM on October 25 at the North St. Paul City Hall. Administrator Achen asked who planned on attending the League of Minnesota Cities meeting on November 1. Councilmembar Ziebarth stated that he was interested and would know for sure in the morning. ATTORNEY MEYERS' REPORT Attorney Meyers reported he has the deeds for the Random Park property and release of the mortgage. He added that they will have to wait until a resolution is passed to have the land forfeited to the City. He added there may be some taxes due on the property. Attorney Meyers reported that the case before Judge Devitt will be heard again around the first of the year, and the Walijarvi case is set for January 22, 1979. COUNCILMEMBER ROWLEY had no further report. COUNCILMEMBER ZIEBARTH'S REPORT Councilmember Ziebarth reported that there would be a meeting of the Park, Recreation and Forestry Dep:ri:ment on October 26 at 6:30 FM. COUNCILMEMBER HODGES had no report. MAYOR PICKAR'S REPORT Mayor Pickar stated that he had called Judge Hachey's office reyarding the letter he had written to the Judge and had been informed that a reply was in the mail. MSP (Rowley Ziebarth) to adjourn at 9 :15 PM. ,F3e ].y submitted, W:f LLB l Mark Achen Clerk- Administrator