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HomeMy WebLinkAboutMinutes - 1979/05/14A regular meeting of the Mounds View City Council was called to order by Mayor McCarty at 7:30 p.m. on May 14, 1979, at the Mounds View City Hall, 2401 Highway 10, Mounds View, MN 55112. MEMBERS PRESENT: ALSO PRESENT: Mayor McCarty Councilmember Forslund Councilmember Hodges Councilmember Rowley Councilmember Ziebarth PROCEEDINGS OF THE CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTRY, MINNESOTA Acting Clerk- Administrator Anderson Attorney Meyers MSP (McCarty /Ziebarth) to approve the April 23, 1979, minutes as corrected. CITIZEN COMMENTS AND REQUESTS Mr. Pajak, 8420 Red Oak Drive, asked the Council to reconsider his request for subdivision and to move the lot line so the garage would not infringe on the easement. 5 ayes Mayor McCarty indicated that when the Council dealt with the Pajak subdivision, he was missing some information and was willing to reconsider the matter. He went on to state that, by putting the rear lot line in conformity to code, it would be aligned through the middle of a neighbor's house. Granting an equal lot would put unnecessary burden on Mr. Pajak. M (McCarty) to amend the motion of April 23, 1979, that the square footage of the utility building he 2% of the total square footage of the yard. motion fails for lack of a second Mayor McCarty stated his feeling that a larger lot should be able to entertain a larger utility building. Councilmember Ziebarth indicated the code does not say 2 He further cautioned that before the Council acts on this matter and adopts this type of idea hastily, it should change the code first. An action of this type might bring to light other problems of greater concern than Mr. Pajak is indicating. A problem may arise in the future when Mr. Pajak wants to build a second garage on the property. Councilmember Hodges suggested the matter be directed back to the Planning Commission. Councilmember Rowley stated that if this matter is sent back to the Planning Commission, they should be provided notes from previous actions dating back approximately 18 months as to the Council's reasoning at that time. She further stated her agreement with Mr. Ziebarth and suggested perhaps the 2% figure should be 2% of the maximum lot size. Mr. Pajak pointed out that citizens were building huge garages because they can't have auxiliary buildings. Councilmember Rowley explained that garage sizes had increased because people needed the area for storage. May 14, 1979 Councilmember Ziebarth suggested the Planning Commission should look at the code to see if it needs changing. If Mr. Pajak's problem is solved by that change, there would be no need for Council to address his problem. When asked by Mayor McCarty when he planned to begin building, Mr. Pajak replied he had planned to begin in a couple of weeks. MSP (Forslund /Hodges) to rescind the motion of April 23, 1979, in relation to Mr. Pajak's property. MSP (Forslund /Hodges) to grant Mr. Pajak a subdivision dividing the property on the west half fronting Fairchild Avenue 273 lineal feet, and on the east half fronting Red Oak Drive 255 lineal feet. The legal description is north 101.5 feet of south 2632.5 feet of west 528 feet of Section 6, 3023. 3 ayes, 2 nays MS (McCarty /Forslund) to amend the previous motion to remove the chicken coop. The separate shed should also be removed. Any action on the shed size requirement should be tabled until Planning Commission returns their recommendation. Councilmember Ziebarth indicated the size of the subdivision granted would give Mr. Pajak the right to develop the property in regard to house, garage and over- sized shed. There really is no need for changing the code. Mayor McCarty indicated Mr. Pajak would need a variance for building another garage on the property. Attorney Meyers indicated it would be best to subdivide the lot and later address the buildings. Mayor McCarty /Councilmember Forslund withdrew the proposed amendment. Mrs. Pajak questioned why the concern with the extra shed as it is being used as the children's playhouse. Mr. Pajak indicated he would grant the 5 -foot easement for both properties and will eliminate the chicken coop attached to the main 277 square foot building. Jerry Linke, 2219 Knoll Drive, questioned whether the extra shed would be used after the children stop using it as a playhouse. Councilmember Rowley explained the reason she voted nay was she didn't see any new evidence that hadn't been presented before. Councilmember Ziebarth stated he was concerned because Mr. Pajak was still not allowed to build until the code is looked at and that won't speed up his building. Mr. Loeding, 5046 Longview Drive, read from the BSEH Report, page 3 -28, regarding future drainage requirements. Edward Smith, 5149 Rainbow Lane, stated the Council Chambers needed speakers because some people cannot hear the proceedings clearly. Mayor McCarty promised to bring the problem up at the next agenda session. Page 2 3 ayes, 2 nays May 14, 1979 Page 3 Mr. Pajak, 8420 Red Oak Drive, stated he would like to see an ordinance restricting residents to store only one cord of wood that would be visible. Mayor McCarty informed Mr. Pajak it was impossible to "police" the City for matters such as this. He advised Mr. Pajak to take the matter to Staff as it didn't require Council action. Richard Charbonneau, 95 Wildwood Road, asked what the Council had in mind for future drainage requirements. He bought his property with the intention of having it platted and sold and was advised to delay because of drainage. Mayor McCarty inquired whether Mr. Charbonneau had applied through the Building and Zoning to take the proper steps. Mr. Charbonneau replied that he had not but couldn't see spending $3,000 only to be told to hold off until the City determines the requirements. Mayor McCarty acknowledged the area has water problems and is referred to in an engineering report as a possible holding pond. However, the Mayor indicated he couldn't answer when the decision will be made. Its in its infancy and will take time. He suggested Mr. Charbonneau check back with the City in sixty (60) days; there may be something established by then. APPROVAL OF CONSENT AGENDA Councilmember Rowley asked that Item D be removed from the agenda. MSP (McCarty /Ziebarth) to accept the Consent Agenda as follows. ITEM A. Approve the City seal coating specifications for 1975 and set the bid opening date for June 12, 1979, at 10:00 a.m. ITEM B. Adopt Resolution #981 requesting the Metropolitan Council H.R.A. to apply for Rehabilitation Grant Funds for the City of Mounds View. ITEM C. Adopt Resolution #982 requesting the City of Spring Lake Park to control storm drainage runoff towards the City of Mounds View to protect the existing Mounds View single family dwellings from flooding. ITEM E. Approve the May 14, 1979, bills for payment: Expenditures: $113,154.03; Payroll: $3,491.05 ITEM F. Approve the following licenses: Neil Heating Air Conditioning new Groth Sewer Water new Irrigation Specialists new lawn sprinkling systems Dalberg Builders, Inc. renewal Waterproofing By Experts, Inc. new basement waterproofing Gopher State Remodeling new ITEM G. Receive the March, 1979, Activity Reports from the Parks, Recreation, Forestry and Building Zoning Departments ITEM H. Reschedule the May 28, 1979, Council Meeting to Tuesday, May 29, 1979, because of the Memorial Day Holiday 5 ayes May 14, 1979 Page 4 MSP (Rowley /Hodges) to approve the temporary installation of an advertisement sign for the Mounds View Development Company #1 at the intersection of Pleasant View Drive Highway 10 fora one -year period commencing June 1, 1979. 5 ayes STORM DRAINAGE RESOLUTION #983 Attorney Meyers explained there had been a meeting on this matter prior to the regular Council meeting. Resolution #983 was read to those present. MSP (McCarty /Hodges) to adopt the Resolution #983. A rollcall vote was taken: Councilmember Hodges aye Councilmember Forslund aye Councilmember Rowley aye Councilmember Ziebarth aye Mayor McCarty aye 5 ayes Councilmember Ziebarth wished to add that the City should follow up the resolution with an appropriate ordinance within approximately thirty (30) days. Mayor McCarty indicated it would be placed on the next agenda. MINOR SUBDIVISION GENE TOMAS 5039 BONA ROAD Neither Mr. Tomas nor a representative was present at the Council meeting. MSP (McCarty /Forslund) to table the request for minor subdivision by Mr. Gene Tomas, 5030 Bona Road. 5 ayes DEVELOPMENT PROPOSAL GEORGE HALVORSON 2908 HIGHWAY 10 TWO 24 -UNIT APT. BLDGS. Mr. Halvorson was represented by Mr. Cal Lundquist of Lundquist Assoc., and Mr. Thomas Steffens, 3250 W. 55th St., Edina, Steffens Douglas, Attorneys at Law. Mr. Lundquist stated his understanding was the Planning Commission objection was the development proposal didn't meet the Comprehensive Plan designation for that area. He believes the project meets all requirements for the R -4 Zone. All services are reachable from the property. The surrounding land provides a buffer. He went on to state the construction would take place over a one -year period. They would plan recreation facilities on top of the buildings. There is no planned basement and no units below grade. The majority would be two bedroom units. The building would cover 30 percent of the property, driveways 24 percent, and green area 40 to 45 percent. Councilmember Rowley pointed out that part of the adjoining area to the west is Spring Lake Park and to the south is Oakwood residential area. Jerry Linke, 2219 Knoll Drive, inquired whether Mr. Lundquist had talked to the State about the accessibility to Highway 10. Mr. Lundquist replied he had and there was no objection. Councilmember Hodges inquired whether the 25 -foot easement would be a roadway. Mr. Lundquist indicated there was only half the 25 -foot easement allowed because the previous owner had objected. Mr. Lundquist has no objection to making a 25 -foot easement on his property. May 14, 1979 Page 5 Roger Baumgartner called the Council's attention to consider the Comprehensive Plan calling for low density in the area. He also pointed out the possibility of increased traffic treated by the development. Mr. Lundquist replied the density would be no greater than other properties in the area. Mayor McCarty then asked Mr. Lundquist if he felt he could build 48 homes on the property as there are 48 apartment units. Mr. Lundquist replied rio. Councilmember Forslund asked Mr. Lundquist to address himself to the increased traffic, as well as the drainage required. Mr. Lundquist replied the Planning Commission had no objection to the drainage required. Councilmember Forslund stated there will be drainage and it should be addressed since it would affect the surrounding area. When asked by Mayor McCarty if they had a drainage plan, Mr. Lundquist answered they did and it hac hewn submitted to the City. He indicated the land slopes toward the lake and runoff could be directed to the catch basin. Mayor McCarty indicated that, according to the new Resolution #983, there should be no more runoff after development than before. He suggested the developer will have to have some means to retain on site. Councilmember Hodges indicated it would be foolish to retain when the facility pipes are already there. Councilmember Ziebarth pointed out a potential problem with the number of outdoor parking spaces. He indicated other apartment buildings have had a problem with residents not wanting to park indoors in the summer. With a limited number of outdoor spaces, it may result in parking in the streets, etc. Councilmember Ziebarth questioned if this could be rectified. Mr. Lundquist indicated they could provide outdoor spaces by changing the design of the garage to provide outdoor spaces that would be roofed. Another possibility would be to drcp the fee for indoor spaces in summer. Councilmember Ziebarth stated he did not believe the second alternative would be a viable solution and suggested the developer address Lhe problem n more detail. Mr. Lundquist indicated Councilmember Ziebarth's point was well taken and will provide more parking outdoors. Councilmember Rowley questioned whether they had written permission to cut for driveway access. Mr. Lundquist indicated they would use existing ingress and egress roads. There was no objection, but could obtain written approval if necessary. Roger Baumgartner questioned if the development planned to control drainage by retaining on site, and given this requirement, the area wouldn't allow for more than one building. Mr. Lundquist replied they can meet requirements and still provide holding ponds. However, if the storm sewer can be used, it would be preferrable, and in the City's best interest. Mr. Thomas Steffens, developer's attorney, indicated the key point is to determine whether the development is compatible. The developer should not be excluded from services that other residents are entitled to. May 14, 1919 Page 6 Councilmember Rowley questioned the kind of buffer available. Mr. Lundquist indicated the 80 feet between buildings would be grass area. The buildings would not be taller than other buildings in the area and would conform to the character of the neighborhood. He pointed out that landscaping would provide a buffer also. MSP (McCarty /Forslund) to table the request so applicant can provide information to the Staff and Council regarding parking, residential zoning, and provide a letter from the Fire Department regarding egress /ingress access. Drainage problems should also be addressed and the developer should provide the City with an opinion for the Fire Department as to the safety measures cognizant to the development. 5 ayes Mr. Lundquist requested he be placed on the next Council agenda and was directed to contact Acting Administrator Anderson. DAILEY KNOLLS- -LOT SUBDIVISION MSP (McCarty /Hodges) that the City Council approve the deed that corresponds with the prelimina^y plat for Lot 4 already approved by the Council for the Knolls major subdivision. 5 ayes PUBLIC IMPROVEMENTS SEWER WATER INSTALLATION 7500 -7600 SILVER LAKE ROAD MSP (McCarty /Hodges) that Council requests Howard Thorson, developer, to delay sewer and water construction for Dailey Knolls Addition, and a hearing date for sewer and water for 7500 -7600 Silver Lake Road be set as soon as lawfully possible. A rollcall vote was taken: Councilmember Hodges aye Councilmember Forslund aye Councilmember Rowley aye Councilmember Ziebarth aye Mayor McCarty aye 5 ayes Mrs. Kremer, 7663 Groveland Road, questioned tha area Affected. Mayor McCarty indicated it covered from north of Bronson to County Road I. Glen Karlen indicated that, at the time of the feasibility study, it extended north of County Road I. He requested this area be included at this time. Acting Administrator Anderson suggested the possibility of bringing back the in -house feasibility report 1978 -6 whereby utilities were extended from Bronson to County Road I, plus four adjacent lots north, and then add water only across Silver Lake Road for Realty Man Properties. This study was completed June 12, 1978, and showed a cost estimate of $87,930. He suggested two options: Either order a feasibility study to get cost estimates again, or use 1978 -6 and see if the 12 percent increase bears out. The only thing that wasn't covered by 1978 -6 was providing services across Silver Lake Road. Councilmember Forslund raised the question whether Ramsey County would allow crossing Silver Lake Road. Councilmember Rowley stated there should be no problem with a single crossing, but it should be confirmed. Councilmember Ziebarth asked that the minutes reflect the City has reviewed a petition from owners of three properties that apparently do not represent 35 percent of the frontage. Therefore, this project will have to proceed as a Council initiated project. May 14, 1979 Page 7 MSP (McCarty /Hodges) that a hearing be held at 7:40 p.m., May 29, 1979, for Project 1979 -3 and order a feasibility report for the hearing to be done by Short Elliott- Hendrickson. REPAIR ELEVATED WATER TANK #1 Public Works Superintendent Decheine described the dent in elevated water tank #1 and the resulting rust. He stated the insurance company would not cover the cost of repair. H A Water Tank Specialists, Inc. have been contracted to sandblast and paint the tuwer and it might be cheaper to have the dent repaired at the same time. MSP (McCarty /Forslund) to issue Change Order #1 to authorize elevated water tank #1 be fixed while the H A Water Tank Specialists are in town. It will be designated to be paid from the Water Utilities Fund. 5 ayes Councilmember Forslund questioned whether a bond would be required. Public Works Superintendent Decheine indicated it was bonded already. Mayor McCarty questioned whether the $2,375 fee was a fixed figure. Attorney Meyers reviewed the proposed contract and stated it appeared to be a fixed figure. Acting Administrator Anderson indicated H A Water Tank Specialists would withdraw their bid if they hadn't heard from the City before they started sandblasting the tower. Public Works Superintendent Decheine felt the dent was harmless, but also indicated there might be some unforeseen damage that could occur in the suture if the dent went unfixed. NEW BRIGHTON COMPREHENSIVE PLAN REVIEW Acting Administrator Anderson summarized the comments to this report by the Planning Commission. They made reference to the lack of an airport policy, elimination of a commercial spot south of Irondale, widening Highway 10, a regional service center by the Super Value, and keeping Silver Lake Road the same. Some discussion took place regarding the possibility of extending Mustang Road south to meet the New Brighton border, but no positive conclusions resulted. Mayor McCarty directed Staff to formulate a letter to the New Brighton City Council indicating we had reviewed their Comprehensive Plan and address the lack of an airport policy. GALE ADDITION Acting Administrator Anderson indicated the Planning Commission had approved the plat for this property on 2/27/78 and it was approved by the Council on 6/14/78. Mr. Chuck Buzzell was upset because of the delay caused by lack of drainage requirements and was impatient at having to wait before placement on the Council agenda. Mayor McCarty informed Mr. Buzzell the City was not operating in accordance with Resolution #983, not #892. He further instructed him to take the matter to an engineer and bring the drainage proposal back to the City. 5 ayes May 14, 1979 Page 8 Some discussion followed regarding the City's seven -year maintenance warranty. Attorney Meyers explained the warranty should be backed up by cash or bond. Mr. Buzzell indicated he would be selling the property and didn't want to pay the money for this warranty, not knowing the disposition of the property after the sale. Mr. Buzzell left, indicating he would take the matter to court. GREENFIELD HILLVIEW STOP SIGN MSP (Rowley /Hodges) to remove the stop sign on Hillview Road and Greenfield based on complaints from residents and the Police Department recommendation as noted in the report dated May 9, 1979. ATTORNEY MEYERS REPORT Attorney Meyers indicated he had been attending a pre -trial conference with the civil rights cas. They have been negotiating, and a trial date would be set by the end of the month. However, it should be resolved in court by May 23. ACTING ADMINISTRATOR ANDERSON'S REPORT Acting Administrator Anderson reminded the Council members of several upcoming meetings. Staff will distribute copies of the carnival license agreement as discussed at the April 23, 1979, Council meeting. Councilmember Ziebarth requested the addition to this agreement to include, "written agreement by the Building Inspector." Acting Administrator Anderson pointed out Resolution #984 authorizing the City to purchase radar units through a Federal grant. MSP (Hodges /Rowley) to authorize the purchase of radar units through a Federal grant as provided by Resolution #984. Acting Administrator Anderson suggested the Council members think about a new City Newsletter. Acting Administrator Anderson indicated the new City Administrator has asked to be registered for the local ICMA Conference. Mayor McCarty directed Staff to send a letter to the new City Administrator indicating he will be registered for this conference and should forward his check for the same. 5 ayes 5 ayes MSP (McCarty /Ziebarth) that any Council member that desires to attend the League of Minnesota Conference June 13, 14 and 15 be allowed to do so and if the money is not budgeted, it should be taken from the Contingency Fund. 5 ayes COUNCILMEMBER ZIEBARTH'S REPORT Councilmember Ziebarth wished to comment regarding the Gale Addition issue. He expressed his regret that Mr. Buzzell was so upset and felt he was a victim of circumstance, being caught in the middle of a change. Mayor McCarty commented they had only been before this Council for 3', months and felt Mr. Buzzell's reluctance was related to the amount of money expected for warranty. May 14, 1979 Page 9 COUNCILMEMBER HODGES' REPORT Councilmember Hodges reported that Clean -Up Day worked out quite well, despite the rain. He suggested perhaps in the future they should state that it will be held, irregardless of rain, snow, etc., because some Scouts had not shown up, probably due to the rain. Councilmember Hodges reported the Lions Club Flea Market had gone well, despite the rain. The Lions would like to schedule another for August 18 and 19. MSP (Ziebarth /Rowley) to authorize the Lions Flea Market for August 18 and 19, 1979, and waive the permit fee. 5 ayes COUNCILMEMBER FORSLUND'S REPORT The Council received two invitations to tour the Girl Scout Council of St. Croix Valley Program Center and Headquarters on May 17, 18 and 19. COUNCILMEMBER ROWLEY'S REPORT Councilmember Rowley indicated that the Lakeside Park Lot is usually swept by hand and requested the City sweep their lot with the streetsweeper and bill the Lakeside Park Commission for it. The Lakeside Park needs floatable plastic containers to use for buoys, i.e., bleach bottles, ice crean pails, etc. Councilmember Rowley will collect them. Councilmember Rowley gave a report from her attendance of the Criminal Justice Conference. MAYOR McCARTY'S REPORT Mayor McCarty requested Staff to furnish the Council with the following two items from Planning Commission Member Quan: (1) Criteria on selecting a Planning Consultant, and (2) Planning policies for the Planning Commission. He reminded Council members that school board elections would be May 15 and the Children's Hospital Open House (St. Paul) will be held the weekend of May 19 20. MSP (Hodges /Forslund) to adjourn the meeting at 11:30 p.m. =ly sup, Bruce Anderson, Acting Clerk-Adminis rator AGENDA Mounds View City Council May 14, 1979 1. Roll call of officials 2. Approval of minutes of regular meeting, April 23, 1979 3. Citizen comments and requests CITIZENS: BEFORE SPEAKING, PLEASE GIVE YOUR FULL NAME AND ADDRESS FOR THE MINUTES 4. Approval of consent agenda: Item A. Establish bid opening date for City street seal coating B. Adopt Resolution #981 requesting City Grant Funds from the Metropolitan Council H.R.A. C. Adopt Resolution #982 regarding common drainage areas with Spring Lake Park D. Approve sign request for Mounds View Development Co. #1 E. Bills for payment F. Licenses for approval G. March, 1979, Activity Reports H. Reschedule the May 28, 1979, Council Meeting to Tuesday, May 29, 1979, because of the Memorial Day Holiday 5. Storm Drainage Resolution #983 6. Minor subdivision Gene Tomas 5C39 Bona Road 7. Development proposal George Halverson Two 24 -unit apartment buildings 2908 Highway 10 8. Public improvements sewer and water installation 7500 7600 Silver Lake Road 9. Repair elevated water tank #1 10. Daily Knolls Lot subdivision 11. New Brighton Comprehensive Plan review 12. Gale Addition 13. Greenfield Hiliview Stop Sign 14. Reports of officials 15. Adjournment CONSENT AGENDA May 14, 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. Approve the City seal coating specifications for 1979 and set the bid opening date for June 12, 1979, at 10:00 a.m. ITEM B. Adopt Resolution #981 requesting the Metropolitan Council H.R.A. to apply for Rehabilitation Grant Funds for the City of Mounds View. ITEM C. Adopt Resolution #982 requesting the City of Spring Lake Park to control storm drainage runnoff towards the City of Mounds View to protect the existing Mounds View single family dwellings from flooding. ITEM D. Approve temporary installation of advertisement sign for Mounds View Development Company #1 at the intersection of Pleasant View Drive and Highway #10. ITEM E. Approve the May 14, 1979, bills for payment: Expenditures: $113,154.03; Payroll: $3,491.05 ITEM F. Approve the following licenses: Neil Heating Air Conditing new Groth Sewer Water new Irrigation Specialists new lawn sprinkling systems Dalberg Builders, Inc. renewal Waterproofing By Experts, Inc. new basement waterproofing Gopher State Remodeling new ITEM G. Receive the March, 1979, Activity Reports from the Parks, Recreation, and Forestry and Building and Zoning Departments ITEM H. Reschedule the May 28, 1979, Council Meeting to Tuesday, May 29, 1979, because of the Memorial Day Holiday