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HomeMy WebLinkAboutMinutes - 1979/02/26A G E N D A Mounds View City Council February 26, 1979 7:30 PM 1. Roll call of officials 2. Approval of minutes of regular meeting February 12, 1979 3. Citizen comments and requests FULL CITIZENS: BEFORE SPEAKING, PLEASE GIVE YOUR AND ADDRESS FOR THE MINUTES NAME 4. Approval of consent agenda: Item A. Airport Resolution B. Planning Assistance Grant C. Metropolitan Waste Control regulations D. Northwestern Bell Telephone contract E. Employee Assistance Program F. Lions Club Flea Market transient merchant license G. Bills for payment H. Licenses for approval I. January, 1979, activity reports 5. Public hearing 7:40 PM Bayport Acres 6. Amendment No. 1 to Development Agreement No. 78 -25 Mounds View Development Co. No. 1 plat 7. City health insurance bids 8. Mounds View Industrial Park assessment 9. Counter modification 10. Clerical needs study /telephone receptionist 11. N.S.P. franchises 12. Well house roof improvements 13. Tree Contract bids 14. Commission appointments 15. Reports of officials 16. Adjournment CONSENT AGENDA February 26, 1979 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 Council Member, any item can be removed from the consent agenda and placed upon the regular agenda for debate. ITEM A. Adopt Resolution No. 967 regarding data to be compiled by the Metropolitan Airports Commission for the Master Plan of the Anoka County Airport. ITEM B. Adopt Resolution No. 968 authorizing the Mayor to execute Second Amendment B which awards the City an additional $3,084 for the 1978 -79 Entitlement Fund. ITEM C. Adopt Resolution No. 969 regarding the Metropolitan Sewer Board Sewer and Waste Control Regulations for the Metropolitan Disposal System. ITEM D. Authorize the Mayor to execute the service agreement form 2818 from Northwestern Bell for the purchase of one dialog phone system at a one time cost of $7,062.39. STEM E. Authorize the Mayor to execute the Purchase of Service Agreement for diagnostic and referral services as operated by Ramsey County. ITEM F. Approve and waive the $25.00 fee for a transient merchants license for the Mounds View Lions Club Flea Market scheduled to be held April 28 and 29, 1979. ITEM G. Approve the February 26, 1979, bills for payment. ITEM H. Approve the following licenses: .GENERAL CONTRACTOR expires 6/30/79 Sundown Properties, Inc. new Rural Route #5 -Princeton CIGARETTE SALES expires 12/31/79 Acorn Vending (Bel Rae) 8433 Center Drive ITEM I. Receive the January, 1979, activity reports of the Fire, Police and Nuisance Abatement Departments and the City Attorney. Mayor McCarty Councilmember Hodges Councilmember Rowley Councilmember Ziebarth Councilmember Forslund 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 McCarty at 7:35 PM on February 26, 1979 at the Mounds View City Hall, 2401 Highway 10, Mounds View, MN 55112. Members Present: Also Present: Acting Clerk- Administrator Anderson Attorney Meyers Mayor McCarty asked that the minutes be changed on page 5 to read Sherwood instead of Groveland in the second to the last paragraph, and to read Sherwood /Groveland and Ardan /Red Oak in the last paragraph, Mayor McCarty asked that on page 9 the word professionally be changed to provisionally in the third paragraph, and the spelling be corrected on Chamber of Commerce, David Freemore and Herschel Pepin. MSP Forslund- Hodges) to approve the February 12, 1979 minutes as amended. 5 ayes CITIZENS COMMENTS AND REQUESTS Sherri Donsmoore, 5100 Red Oak Drive stated she was concerned with the slaughter of seals and read a prepared statement concerning their slaughter and presented a petition for anyone who was against their slaughter. APPROVAL OF CONSENT AGENDA MSP (Ziebarth Rowley) to approve the consent agenda as follows: ITEM A. Adopt Resolution No. 967 regarding data to be compiled by the.Metropolitan Airports Commission for the Master Plan of the Anoka County Airport. ITEM B. Adopt Resolution No. 968 authorizing the Mayor to execute -Second Amendment B which awards the City an additional $3,084 for the 1978 -79 Entitlement Fund. ITEM C. Adopt Resolution No. 969 regarding the Metropolitan Sewer Board Sewer and Waste Control Regulations for the Metropolitan Disposal System. 5 ayes February 26, 1979 Page 2 ITEM D. Authorize the Mayor to execute the service agreement form 2818 from Northwestern Bell for the purchase of one dialog phone systemat a one time cost of $7,062.39. ITEM E. Authorize the Mayor to execute the Purchase of Service Agreement for diagnostic and referral services as operated by Ramsey County. ITEM F. Approve and waive the $25.00 fee for a transient merchants license for the Mounds View Lions Club Flea Market scheduled to be held April 28 and 29, 1979. ITEM G. Approve the February 26, bills for payment ITEM H. Approve the following licenses: :GENERAL CONTRACTOR expires 6/30/79 Sundown Properties, Inc. new Rural Route 45-Princeton CIGARETTE SALES expires 12/31/79 Acorn Vending (Bel Rae) 8433 Center Drive ITEM I. Receive the January, 1979, activity reports of the Fire, Police and Nuisance Abatement Departments and the City Attorney. Mayor McCarty recessed the regular meeting and opened the public hearing. PUBLIC HEARING BAYPORT ACRES Official Rose reported that the existing plat consists of 6 lots, which the applicant is requesting to subdivide into 10. The area is presently R -1, which is how the applicant intends to develop it, except for lots 5 and 6, which would be R -2. Lot 7 is an existing home site with a dog kennel. Official Rose reported that the lots were originally platted at 165', and the applicant is requesting to subdivide those lots into two equal lots, and subdivide the corner lot into two lots. The lots all meet the square footage requirements and the R -2 lots also meet the frontage requirements. The other lots, however, do not meet the 85' frontage requirement, but the ode 150' lots the code presently allows 1 to be divided equally if all area requirements are met. When the City adopted the zoning code in 1975, it did not carry forth the ordinance from the old code, which stated that any lot except a corner lot in an "R -1" district, platted and recorded prior to May 9, 1960 which lot is greater than 160' in width may be divided equally into two lots providing all other require- ments excepting lot frontage requirements applicable to the Use District are met. February 26, 1979 Page 3 Official Rose explained that the reason for allowing the 160' splits was because when the City put sewer and water in, they allowed the citizens to divide those lots to help pay for the assessments. He added that Staff would recommend resurrecting the old ordinance to keep in the spirit that was originally set. Official Rose reported that water and sewer is stubbed to the property lines for lots 1 -4, water is stubbed to lot 5, with water service being available in the street, lot 7 already has services, and lots 6, 8, 9 and 10 have sewer and water service available in the street. Limited storm sewer service is available on Greenwood Drive, but the present system does not meet a 3 -year storm frequency capacity and the area has experienced problems with drainage. Official Rose added that the easements are adequate for the development. Official Rose recommended that if the development is approved, the City should require that all the lots drain to the street, basements below 907 elevation be required to be drain tiled, and that bonding of $500 per single family lot and $1,000 per duplex lot be required. Official Rose reported that the Planning Commission had reviewed the plat and recommended approval of the preliminary plat and also recommended that a drainage study be ordered for the project. He added that Staff would recommend that the Council authorize Staff to charge an additional fee of $2,500 to cover a drainage study. He explained that the cost could be assessed to the project but that the City has a policy of f having the developer front -end the costs. Official Rose reported that it had come to Staff's attention that the developer had started filling lots 2 and 3, without a permit, and that two or three loads of fill had been put in and some grading had been done. He added that Staff had notified the developer that a fill permit was required and it most likely would not be granted until the plat was approved and that no further fill could be brought in. Official Rose reported that it was Staff's opinion that the fill had not changed the grade of the land detrimentally. Mayor McCarty asked if copies of the plat had been sent to the proper authorities, such as Rice Creek Water Shed District and the County. Official Rose replied that they had and that he had also sent copies to the attorney and engineering firm. He added that the reply the City had received was the standard form letter that they have received before. Mayor McCarty asked what was being done under 42.05, Subdivision 2, section 5. Attorney Meyers replied that the Council should have information that would clarify the soil and drainage conditions for the site. He added that the Council is aware of the drainage problems in the area and should act accordingly. Official Rose added that Staff has recommended a study be done at the expense of the developer to determine the best course of action. Mayor McCarty asked if the costs of the ,i 42.06. Official Rose replied that they had already paid $660 in costs and that $2500 be required to pay for a drainage project had been covered, under had been covered as the developer Staff had requested an extra study. February 26, 1979 Page 4 Councilmember Hodges stated he felt a drainage study should be done. Councilmember Rowley stated that she also agreed with the Staff recom- mendation that a study be done. Councilmember Forslund stated that she agreed a study should be done and that she felt the Planning Commission has more studying to do on the project also. Chet Tuske, 7800 Long Lake Road asked which way the water would run. Mayor McCarty replied that they would not know until the study was done. Roger Baumgartner, 7585 Knollwood questioned if the study would cover where the water would go once it ran out of the area. Mayor McCarty replied that it would. Roger Johnson 7767 Long Lake Road stated that he did not feel the water could go into Rice Creek and asked if the sewer would include the other side of Long Lake Road and Groveland. He added that he had had water problems when the shopping center was put in. Official Rose replied that the study would take all areas into considera- tion and make sure that the residents abutting the area would not encounter additional problems. Sharon McCarthy, 7760 Long Lake Road stated that the lots in the area run into her yard already and that she did not need any additional run -off from the development. Harry Gum, 7805 Greenwood asked where the water would go from the drain tile. Official Rose replied that it has to be pumped from the house and could go either in the street or on the persons lawn, but could not go into the sanitary sewer. Nat Collins stated that he lives next to lot 6 and would sue anyone who steps foot on his property. He also stated he did not want the developer to do any more filling. Neil Loeding, 5046 Longview Drive asked if consideration had been given to holding the excess drainage on the property. Official Rose replied that there are several options open, such as on -site ponding, improving the drainage system in an easterly direction and /or southerly direction. An unidentified person asked that the dirt be removed immediately from the lots. Mayor McCarty replied that it would be. Victor Villel.la, developer of the property, stated he agrees there iG a problem with drainage in the area but pointed out that the problem still exists even without the property being developed. He added that the City is creating a hardship on the owner of the property in that he cannot sell the property if it can not be developed. Franklin Veno, owner of the property stated that he is paying $4700 a year in taxes and he would like the other property owners to chip in and help pay the taxes if they don't want him to develop the property. He also stated that he had been assessed $7,000 for the storm sewer on Greenwood and now the City was telling him he could not develop because February 26, 1979 Page 5 the system he had helped pay for was inadequate. Councilmember Ziebarth replied that the drainage in that area is inadequate for a three year storm and that if the lots are developed before they find a way to control the run -off, it will only add to the problem. Councilmember Forslund stated that in terms of a study, they must look at the drainage system and also look at the whole problem and come up with a system to cover all of the City. Mr. Baumgartner replied that Project 1978 -1 had told what was needed and that Councilmember Forslund had violently opposed it and asked what more she wanted. Councilmember Forslund replied that she was concerned with the cost to the people. Councilmember Rowley stated that she did not want to see another study of another area since there are so many already but that she did feel a study was necessary. MSP (McCarty Ziebarth) to have the owner or his agent remove the eight loads of fill by March 12 and that no further consideration will be given until that removal has taken place. 5 ayes Mayor McCarty closed the public hearing and reopened the regular meeting. AMENDMENT NO. 1 TO DEVELOPMENT AGREEMENT NO. 78 -25 MOUNDS VIEW DEVELOPMENT COMPANY NO. 1 PLAT Official Rose read the proposed amendment to Development Agreement No. 78 -25, which covers the development of the Mounds View Development Company No. 1 plat. Ken Carpenter, the contractor on the job, stated that he agreed to item 9 of the amendment and with the $2,000 escrow in item 10 but that he did not feel the televising was necessary as he would be doing testing of the system before it is opened up. Official Rose replied that the reason Staff had recommended the televising be done was that with the inspection reports received to date, they did not feel there had been an ample inspection of the system. He stated that he agreed that testing would be done but he felt televising should still be required to insure that there were no separation or leakage problems. Mr. Thorson stated that he would like to have some of the bonding released on the project, if possible, for work that was completed. Attorney Meyers replied that without an exact dollar amount which could be verified by Staff, the City could not isse.e a check before the next meeting as Council must approve all checks. MSP (Hodges- Ziebarth; to adopt Resolution #970, amending Development Agreement 78 -25 with the two new additions, items 9 and 10, exhibit 2A, as presented. 5 ayes February 26, 1979 Page 6 COMMISSION APPOINTMENTS MSP (McCarty- Hodges) to appoint to the Planning Commission Barb Haake as chair, Paul Fedor, David Freemore, Joseph Goebel and Nancy Burmeister, with Peg Mountin being an ex officio member. 5 ayes MS (McCarty Ziebarth) to appoint to the Park and Recreation Commission Gordon Fedor, Frank Holm, Lloyd Scott, Jerry Linke and Frank Silvis with Marilynne Dennehy being an ex- officio member. MSP (McCarty Ziebarth) to amend previous motion to appoint to the Park and Recreation Commission Gordon Fedor, Lloyd Scott and Jerry Linke for three year terms, Frank Silvis to a two year term and leave a one year term open until they receive further input from Barb Haake on her available to fill that position, and appoint Marilynne Dennehy an ex officio member. 5 ayes MSP (McCarty Ziebarth) to appoint Sandy Shackle to the Festivities Commission. 5 ayes CITY HEALTH INSURANCE BIDS Acting Administrator Anderson reported that two bids were received on January 19 for the City health insurance, with the low bid being that of Wisconsin Employer's Insurance Company. He added that Attorney Meyers has reviewed the bids and found everything to be in order. MSP (Ziebarth- Hodges) to accept the Insurance Company to go into effect per employee to be $2.05 for $5,000 care coverage of employee only, and for employee and dependents. low bid from Wisconsin Employer's March 1, 1979 with the monthly rates life insurance, $27.75 for medical $89.20 for medical care coverage 5 ayes MOUNDS VIEW INDUSTRIAL PARK ASSESSMENT Acting Administrator Anderson reviewed the assessments for Mounds View Industrial Park Plat #2 and recommended that the City does not special assess but assess in the future the actual cost, which will be higher. MSP (Hodges Forslund) to adopt Resolution #971, reapportioning assess- ments for the Mounds View Industrial Park No. 2 major subdivision. 5 ayes COUNTER MODIFICATION AND CLERICAL NEEDS STUDY /TELEPHONE RECEPTIONIST Acting Administrator Anderson reported that the counter modification specs were developed in house by Staff and reviewed what the basic modifications include. He added that in addition to modifying the counter, a 7' partition will be constructed surrounding the raised plat- form to isolate the clerical staff and administrative offices. The estimated cost of the modifications is approximately $2,700, which is $500 higher than what has been budgeted for, due to the addition of the 7' partition. February 26, 1979 Page 7 Acting Administrator Anderson reported that the telephone receptionist position was ranked as one of the highest prorities for funding during both the 1978 and 1979 budget sessions by the Staff management team, but because of a fiscally tight budget the position was reluctantly dropped from the budget proposed to the Council during both years. At the City Councils' request, the Staff management team re- examined the position and submitted the counter proposal to the Staff in October of 1978, and the proposal was adopted and incorporated into the 1979 budget. Councilmember Ziebarth stated he felt there may be a problem with finding someone with the money that was being offered. Acting Administrator Anderson agreed but added that the position was not going to be labeled "secretary" and they did not need someone who was so highly qualified. Councilmember Rowley stated that she felt the addition of the 7' partition was very important to the office. Mayor McCarty stated that everyone is aware of how tight the budget is and that many have been doing double duty and should be commended, but that he was concerned with all the pending expenses and felt that the hiring of the position should be held off. He added that the phone system should still be put in but that duties should be realigned with the present clerical staff to handle the phones and work load. Councilmember Hodges stated he was afraid they might be short changing themselves by overloading an already overloaded Staff. He added that the expense has already been budgeted for and the need is very real for the receptionist. Mayor McCarty replied that he felt the present Staff could handle the problem until the City could afford to hire someone. Councilmember Ziebarth stated that it was important if the position was going to be postponed that they set a date to discuss it again when the budget is straightened out. He added that he felt they should still go ahead and get bids for the counter modifications. Councilmember Rowley stated that they must look at the efficiency of the operation, since Council is requiring more of Staff in the way of reports and studys, which then requires additional clerical time. She added that the position has been of major concern in the past two years and they are getting close to the breaking point. Councilmember Rowley stated she felt the position was a very important one to be filled. She added that the present clerical staff often has to stay late to complete work they could not get to during the day. MSP (McCarty Ziebarth) to authorize the proper Staff person to accept proposals and bids for the counter modifications in relation to what it will cost, with bids to be accepted until March 22, 1979, and Council to review them on March 26. 5 ayes N.S.P. FRANCHISES Acting Administrator Anderson reviewed the situation with the NSP franchises. He stated that he had spoken to Attorney Meyers who concurred February 26, 1979 Page 8 that NSP is not willing to change their existing policies. Attorney Meyers reported that the proposed ordinance has been amended to take care of the question on surcharges. He added that NSP has no problem with Mounds View wanting to put in provisions but they are firm on the charge for extending lines. He added that it applies mainly to gas and that he does not feel it is a major problem for Mounds View as is it mostly developed. Gerald Wallace, Staff Assistant for NSP, stated that NSP is regulated by the Public Service Commission and that they have been ordered to stop extending services without charging the customer the full cost. MSP (Hodges Forslund) to adopt Ordinance #291 and #292 regarding the 5 ayes NSP electric and gas franchises, respectively. WELL HOUSE ROOF IMPROVEMENTS Acting Administrator Anderson reported that the Public Works Superinten- dant has brought to Staff's attention the necessity of repairing the roofs on Wells 1 and 2 due to leakage which could possibly damage the pumps and equipment. The repairs were included in the 1978 Water Fund Budget Appropriations but were not performed in 1978. MSP (Rowley Forslund) to authorize the Public Works Superintendent to order the repairs for Wells 1 and 2, with the money to be taken from the Water Fund for 1979. 5 ayes TREE CONTRACT BIDS Acting Administrator Anderson reported that three bids were received for the tree contract, with Staff recommending the Council award the bid to H&B Arborous, to take effect March 1, 1979 for the 1979 tree contract. MSP (Hodges Rowley) to accept the bid of H &B Arborous for the 1979 tree contract. 5 ayes COUNCILMEMBER FORSLUND'S REPORT Councilmembcr Forslund stated she would like the community to know what a great job is being done by Staff, and asked if their reports could be moved up to earlier on the agenda so there would be more citizens present to hear. Mayor McCarty replied that the reports could go in the news- letter, which could allow all citizens to read them. Councilmember Forslund stated she would like to have a monthly budget for each department, so they could see exactly where the money was going. Acting Administrator Anderson replied that detailed monthly reports will be issued but they have been delayed because of the year -end closing and the delay on getting on the computer. February 26, 1979 Page 9 COUNCILMEMBER ROWLEY'S REPORT Councilmember Rowley stated she would like to move the March 8 meeting up for administrator applications to March 1, as March 8 was too long a delay. Mayor McCarty took a poll of the Council and decided that March 2 at 3 PM would be the best time. COUNCILMEMBER ZIEBARTH'S REPORT Councilmember Ziebarth reported he had received a letter back from the resident who had problems with his fence being damaged during snow removal. Councilmember Ziebarth recommended that the fence be repaired and some arrangements be made with the school for clearing the walkway. COUNCILMEMBER HODGES' REPORT Councilmember Hodges stated he had received two calls on the conditions of the streets. He also stated he had received a call complaining about a garage. Official Rose replied that he is aware of the situation and has been over to see the individual in question several times and has finally given him 30 days to take care of the situation or the City will take him to court. ACTING ADMINISTRATOR ANDERSON'S REPORT Acting Administrator Anderson presented Council with a rough draft of the plan of action for Ardan Avenue. He also stated that Attorney Meyers had forwarded a report concerning the Launching Pad and asked that the Council members file it away for further discussion when the Launching Pad's license is up for renewal. ATTORNEY MEYERS' REPORT Attorney Meyers asked the Council to remember that when a proposal is before them, the burden of proof is on the applicant, not the Council. He also recommended that the City start looking into acquiring land for holding ponds. Bill Doty stated that when Staff is presenting a proposal it puts Council ou the spot and that he did not feel it should he Staff's position to make a recommendation. Councilmember Rowley replied that Staff presents the proposal with several alternatives and it is Council's responsibility to weigh those alternatives. Official Rose replied that Staff is responsible for presenting the plan and making a recommendation and that it should be explained to the public what the options are. c Mr. Loeding stated he felt there should be a distinction between a recommendation based on technical data or one on policy. Councilmember Rowley replied that the Planning Commission makes a recommendation on each proposal before it goes to the Council, and thus there is also a Planning Commission recommendation. February 26, 1979 Page 10 Acting Administrator Anderson also pointed out that when Staff presents a report or recommendation, there are always four or five options that the Council has to consider. MAYOR MCCARTY'S REPORT Mayor McCarty had no report. MSP (Ziebarth- Forslund) to adjourn at 11:30 PM. ectfully submi Bruce Anderson Acting Clerk- 5_, inistrator 5 ayes