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HomeMy WebLinkAboutMinutes - 1975/04/28PROCEEDINGS 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 Johnson on April 28, 1975 at 8:02 p.m., at Mounds View City Hall, 2401 Highway 10, Mounds View, Mn. 55112 Present: Mayor Johnson Councilman Hodges Councilman Baumgartner Councilman Pickar Councilman Shelquist Also Present: Clerk -Adm. Achen Engineer Bearden Attorney Meyers Mayor Johnson welcomed members of Girl Scout troup #1702 who were present as observers. MSP Shelquist- Baumgartner) to approve the minutes of April 14, 1975, with the following corrections: Page 2, change the date of the League of Minnesota Municipalities convention to June 1]. through 13. Page 1, Residents Comments and Requests from the Floor, third sentence should include the word "center" after the word detention. Page 6, under the motion for approval of the bills, the date to pay gross pay (transfer check #10251) should be March 30 instead of April 15. 3 Ayes Pickar, Hodges Abstained Johnson read a letter from the Ramsey County League of Municipalities concerning adoption of a uniform snowmobile ordinance in Ramsey County. Each community has '_;een asked to appoint someone to serve en this committee. MSP (Johnson- Hodges) to appoint Roger Baumgartner as council representative to this committee. 5 Ayes Mayor Johnson read a letter from Ramsey County Commissioners Robert J. Orth, Warren Schaber, Don Salverda regarding the County Board committee which plans to meet with mayors, city managers and police chiefs concerning services provided cities by the County Sheriff. Mayor Johnson recessed the regular meeting of City Council at 8:15 p.m., and called the public hearing to order on the subdivision and platting of JRO Estates. Mayor Johnson explained that this subdivision request involved a development with boundaries of Red Oak Drive and County Road J for platting of five pots currently zoned residential. He asked if there were any persons present who wished to speak in favor or against this platting. There were no .comments from the floor. Councilman Hodges asked if all drainage problems had been checked. Administrator Achen stated the plat had been checked by Rice Creek Watershed District, fire chief, city engineer, building inspector and city attorney. MSP (Hodges- Pickar) to approve Resolution No. 673 approving final platting of IRO Estates. 5 Ayes Page 2 April 28, 1975 Mayor Johnson adjourned the public hearing at 5 :17 p.m., and called the regular meeting back to order. Mayor Johnson read a letter from the Association of Metropolitan Municipalities regarding an informational meeting on land use and planning. Councilmen Baumgartner, Hodges and Mayor Johnson will attend. Mayor Johnson read a proclamation declaring May 3, 1975 City Clean Up Day. MSP (Johnson Baumgartner) to approve the proclamation. Mayor Johnson invited participation of all residents. Mayor Johnson read a letter from Minnesota Energy Agency requesting Council to appoint a representative to the energy conservation committee which hopes by joint efforts to establish a conservative energy program. Councilman Hodges stated he had worked with this in the past and would work on the committee. 5 Ayes? MSP(Johnson- Baumgartner) to adopt Resolution #674 supporting legislation author- izing construction of a Ramsey County adult detention facility with all support and auxiliary services in one facility. 5 Ayes Mayor Johnson noted the Ramsey County proposal to construct such a facility included $300,000 to develop and equip the City of St. Paul's identification center. It is Council's opinion that if Ramsey County citizens are going to pay for this then the identification center should be in the adult detention facility. Mayor Johnson recessed the regular meeting at 8:30 p.m., and called the public hearing on Kenneth L. Breault's variance request to order. Mayor Johnson asked the administrator if all ordinance requirements had been met and satisfied for this public hearing. Administrator Achen stated affirmatively. Mr. Breault presented picutres of his home and a picture of what his proposed garage would look like. Mayor Johnson stated Mr. Breault's present garage is 26 X 24 and he is proposing to expand it an additional 28 X 24 to make a total garage of 54 X 24. Mr. Breault has been to the Planning Commission where the variance request was reviewed and denied, and he is now asking Council to overrule the Planning Commission's decision and approve the construction of the oversized garage. Councilman Baumgartner asked what the intended use of the addition was. Mr. Breault stated he wanted storage space for antique automobiles. Councilman Baumgartner asked if there would be any restoration work done there. Mr. Breault said there would be some sanding and that would be about it. The garage would be used basically to store vehicles. Councilman Baumgartner asked what kind of door his present garage has. Mr. Breault stated he has a 16 foot door and if the addition were approved he would add two more 16 foot doors. Councilman Baumgartner asked if he would have four vehicles in the garage. Mr. Breault stated he would have two family cars plus six antique cars that will be stored in the garage and persons who have hobbies should he able to have it where they live and not have to store their cars elsewhere. Page 3 April 28, 1975 Presently Mr. Breault has two cars in the garage, on in his yard and another car in another yard. One point he would like to make is tha, his neighbors have no objections to the garage. He feels the Planning Commission wasn't concerned about the neighbors but were more concerned about just turning down the request. There are four more neighbors that want to build oversized garages. He stated they need to store snowmobiles, lawn equipment, etc. The City approved a building permit last fall for a 24 X 36 garage one half block from his home, and all the new homes in the City with three car garages are over the code. Apartment buildings have garages that are oversized. There are no size limits on swimming pools. There is one in his neighborhood that is 24 X 40 with a wood fence completely around the yard which obstructs the view more than his garage would. Mr. Lawrence Young, 5426 Jackson, said he was a neighbor who signed the petition and that he has no objection but wonders if this will open the door for oversized garages throughout the city by setting a precedent. Mayor Johnson stated that could be the result and that a line has to be drawn somewhere. Mr. Dale Lentz, 5428 Erickson Road, said he had the same problem in the past in Columbia Heights where he had a car that was sitting out and he was told if it was not licensed it would have to be junked. He moved and brought his car here. It was not garaged and eventually he had to junk it. Because of this he fees, if a person wants to collect old cars because they are going to be worth a lot of money in the future, they should be able to put up a garage to keep these valuable cars in. Mayor Johnson asked what vintage of car would be considered antique. Mr. Lentz said any car past ten years old. Mr. Breault stated the State issues pioneer licenses for cars of 1935 make and older. There is a bill in the legislature would allow any car over 20 years old to be issued a collector's plate. He has four boys and feels they should have a chance to have something to do besides be on the streets. His sons go to shows and travel around the country with him, and he doesn't see how Council can turn him down. Councilman Hodges asked the distance the garage would be from the adjoining lot lines. Mr. Breault said he fronts on Adams Street and his driveway is on Bronson Drive. From the end of his proposed garage to the lot line in the rear would be 40 feet. He stated that last year when the other variance was allowed it was stated that if the garage did not take up more than one quarter of your back yard it would be okayed. It seems to Mr. Breault that if a man can have a swimming pool taking up that much of the yard, then this request is not unreasonable. Mr. Al Hillsdale, 7840 Spring Lake Road, asked what we had an ordinance for if it wasn't going to be enforced. Mr. Breault stated they have already gone over this ordinance in the City, and people are starting to think of the future. We used to have single garages, now we need double. Mr. Hillsdale said he understandsthis part of it, but where do we draw the line. This is what Council is facing tonight. Councilman Hodges feels it is better to have more garage space considering the amount of equipment people have to store. Page 4 April 28, 1975 It is better than having vehicles and junk sitting outside. Mr. Breault stated he has a 10 X 12 tin building he will be taking down if this passes. He needs room because this is a hobby that can't be put in a shoebox. He has kids that come to his garage all the time. Mayor Johnson asked Attorney Meyers to read the applicable ordinance. Attorney Meyers after reading the ordinance commented that it requires a hardship existing for a variance to be granted. It has to be more than for just a hobby. Mr. Breault asked about the variance passed last year. Attorney Meyers said Mr. Breault should not forget that he may not be living there forever, and persons moving in may use this garage for something else. Mr. Breault stated there is a garage off the freeway that has cars sitting in the yard all the time that are being worked on. D'arcy Bosell, 2601 Ridge Lane, feels sympathetic for this man and understands his position. She and her husband restore Corvetts in their garage which hold three Corvetts. You are limited in storing them because you run into insurance problems for vandalism when storing them in areas that can't be patrolled or controlled. She feels the City would have more problems with cars parked on lots and looking messy if the Council does not allow larger garages. She asked Council to consider it very seriously. Mr. Breault stated he had a 31 Nash sitting in the yard and the police chief told him to at least cover it with canvas, but then you have problems with rats and mice. Mayor Johnson asked if he had only four cars at present and how he would get six cars in the garage. Mr. Breault said an old fellow has a Roadster he is dealing on and he doesn't know for sure where he will get the other one. He said old cars aren't very long and with the new addition he could get six old cars in plus two regular cars. Mayor Johnson asked if all these cars would belong to him or if he would be doing work for someone else. Mr. Breault said his two sons would have two and the other two sons would have two. When they go around to shows they will pick up parts to fix up the cars. It takes a long time to find the missing parts. Mayor Johnson stated this is a request for a sizeable variance and asked if Mr. Breault had given any consideration to reducing the request to a two car garage instead of three car garage. Mr. Breault said he has been working with brick for many years and feels that the two doors will look better than one big door. He said he felt Council should require a stronger ordinance than what we have at the apartment buildings. Mayor Johnson said the only request we face at present is the request for a triple car garage and asked if Mr. Breault would consider a double instead. Mr. Breault said he doesn't see how he can slide cars into a garage that size. He thought about this all last summer, and he must have a triple garage. Page 5 April 28, 1975 Mayor Johnson said he understands his problem, but that he must also understand Council's. There are cases where we legally can make exceptions but this particular case may only cause the Council more problems. He asked Mr. Breault if he could possibly do it another way. Mr. Breault said he could not and that sooner or later Council will have problems with other people in the future. Mayor Johnson said there has to be some point to draw the line. This variance is so far over the ordinance that he cannot see granting the request. Motion by Hodges to approve the variance because Mr. Breault has the room to build, his neighbors don't object, and considering the house is very well kept and attractive he feels Council should look at each request individually in these cases. Motion died for lack of second. Attorney Meyers stated Council could refer this problem to the Planning Commission to come up with revised ordinance. The only grounds this variance can be granted tonight would be for a hardship or unique situation. Mr. Breault stated that Council should do something about the pools then. Councilman Shelquist said the Planning Commission has reviewed the garage size ordinance and arrived at the decision that a two -car garage should be sufficient. He explained that a hardship is when a person is not able to utilize his property legally. For example, he has RI property and wants to build but cannot do so with present setbacks and minimum size home. A month after Mr. Breault cane in another gentleman came in to request a 1200 foot garage and the Planning Commission told him not to count on it. This man was thinking of purchasing a home in Mounds View and apparently changed his mind. MSP (Shelquist Pickar) that the request for variance by Mr. Breault be denied. 5 Ayes Councilman Baumgartner asked what size garage the Planning Commission discussed. Councilman Shelquist stated no specific size but generally should a garage larger than 728 feet be considered. Mr. Breault stated Council is looking at it now not for the future. When he came out of the service, they had one car garages. Now we have two and three snowmobiles and other equipment. Times have changed and if boys can't have their hobby, you might as well add onto the jails. Mr. Pickar feels something should be done with the ordinance, but feels from 728 1296' is too far. Possibly a 24 X 36 garage could more easily be considered. Mayor Johnson took a roll call vote on the original motion. Mayor Johnson adjourned the public hearing at 9:10 p.m. Mayor Johnson called the regular meeting back to order. Shelquist Aye Pickar Aye Baumgartner Aye Hodges Naye Johnson Aye Page 6 April 28, 1975 MSP (Johnson- Hodges) to refer the question of the garage size to the Planning Commission and let them have a look at the ordinance to determine if in view of current building being done in the community and metro area whether our garage requirements are up to date and if they meet typical type developments today. 5 Ayes Mayor Johnson presented the proposed ordinances to license mechanical amusement devices and bowling alleys. Attorney Meyers read the ordinances. Mayor Johnson explained to Mr. Hall, owner of the Mermaid, the reason the ordinance on amusement devices and bowling alleys was being presented tonight was to make him aware of it before he had gotten too far down the road. Attorney Meyers said the license fee for bowling alleys and amusement devises was based comparable to nearby communities. Attorney Meyers said this ordinance covered anyone who wanted to install a pin -ball machine. Councilman Baumgartner inquired about section 114.09 Minors May Not Operate, and wanted to know if this was written this way because of alcohol being served on the premises. Councilman Hodges said he has taken Junior Leaguers to bowling alleys, and the boys always play foosball. Will this prohibit them from playing the machines. Administrator Achen said the survey indicated cities were more concerned about pin -ball machines than sports games. Most cities felt pin -ball machines attract more unsavory persons. Attorney Meyers stated as long as they have a parent or guardian with them they can operate the machines whenever the bar is closed. Al Hillsdale stated pin -ball machines attract kids under 18 and that they pay the light bill at Northtown Bowl. Administrator Achen said other cities indicated amusement devices were profitable for businessmen, especially in bowling alleys. Businessmen feel it would be hard to make it through the slow season without revenue from these machines. Attorney Meyers said Council should look at the ordinance for the devices and not look at age groups. If Council is concerned about pin -ball with liquor, they may want to cover this up someplace else. Councilman Shelquist feels we have eliminated recreation centers for high school kids the way the ordinance is now. He feels the age should be dropped to 14 or 15 year old children and the word 'guardian' taken out except where liquor is served. Councilman Pickar said Spring Lake Park uses the 10 o'clock curfew which is enough in his opinion. He does feel we should not be so restrictive that nobody under 18 can use or play the machines. Councilman Shelquist noted the ordinance did not cover pool tables other than the mechanical type. He said under section 114.03 there is no explanation of what is to be investigated by the police department. Attorney Meyers said the police department usually checks the criminal and driving records of persons applying for a license. Councilman Shelquist referred to section 114.10, subdivision 2, where it says the second such conviction shall automatically revoke the License under which the establishment is operating. He questioned whether th^t means the liquor license or just the amusement device license. Page 7 April 28, 1975 Mayor Johnson said it would only refer to all licenses issued under Chapter 114. Attorney Meyers confirmed the Mayor's statement. Councilman Baumgartner said that if the intent is to prevent the establish ment from becoming a hangout but that would be a management problem. If an establishment wants to keep its image, they will not let undesirables frequent the place. Mayor Johnson said that it seems to be agreed that the age under 114.09 has to be reviewed. Councilman Baumgartner stated if loitering did become a problem Council could ask the police chief to enforce this. Councilman Shelquist said that there is nothing about a refund of fees under Chapter 115 as there is in 114, if the application is denied by the Council. Mr. Hall stated that as far as liquor and the games are concerned, the owner of any establishment serving liquor to minors would lose his license, so he did not feel this would create any problems if the Council was concerned along these lines. When we think of "pool halls" we are still thinking in our minds of the hangouts from times when we were kids. Now this is considered a farily recreation. Council expressed an uneasiness having youngsters in the gameroom when liquor is being served right outside. Mr. Hall said that this did not mean a person has to necessarily pick up bad habits but it goes back to the management. He really controls his establishment and does not allow fowl language. There is no hesitation to throw out persons using bad language. The machines are part of the revenue and are critical in making payments. Anyone out of line will have to leave. His own children spent many hours in the first bowling alley he owned. He feels parents are happy to have their children go to a nice place instead of going to some place to find bad things to do. We don't think of these as pool halls as in the same respect we did 20 years ago. Mayor Johnson asked Mr. Hall if he understood the reason for license fees for the bowling alley and amusement devices. Mr. Hall said he feels it is perfectly fair, it is a profitable business to be in and if the fee were too high it would take away some of the profit but there is a need for controls through boards such as Council. Mayor Johnson asked Councilmen to take the proposed ordinance with them and study it so the ordinance can be put together at the next council meeting and the attorney can draw the final draft. He said special attention should be given to the age at which minors can operate the machines and some thought should be given to the license fee also. Mayor Johnson asked Mr. Hall if this met with his approval. Mr. Hall stated that he feels Council will be fair. Page 8 April 28, 1975 Mayor Johnson stated that they had asked Mr. Hall to take special note of the lighting and drai!.,I.ge situation at the last meetibg and commented about the layout of the gameroom and how this could be policed. Mr. Hall displayed a map of his proposal and stated that he hopes this shows that he is trying to follow Council's guideline and do what they asked. He said they worked very closely with John Bearden and wondered if it would be more proper for him to answer any questions Council might have. Mayor Johnson said it was up to him. Engineer Bearden spoke on the contour map of the site showing drainage from north to south conforming to Rice Creek Watershed District with two small holding ponds 1 -1/2 feet deep with 100 foot overflow from each composed of a baffle or weir and proposed sodding on the ground. Mr. Hall said he would rather seed the area. Engineer Bearden said there would be redwood posts 6 x 6 with a 2 x 8 weir installed in the driveway from the highway up to the south end of the existing parking lot reconstructed with a crown so that any water coming off the parking lot will go into the holding area. There would be four flood lights along Highway 10, two 1001 watt flood lights on the south side behind the building, two 1001 watt flood lights on the north side of the building. The four along the highway would produce 2.17 candle power to maintain light. There will be no additional lights behind the building other than security lighting. Mr. Hall said he plans to install a redwa trash enclosure instead of a cyclone fence. Mayor Johnson asked if 2.17 candle power would be sufficient to light the parking area. Engineer Bearden said sources he had checked proved this to be sufficient. Mayor Johnson asked if there are any dark areas that would not be lighted. Mr. Hall said the only area would be the back area that is not lighted, it is only covered by security lighting in clusters of three every SO feet which is more than what is required. Mayor Johnson asked Engineer Bearden if he was satisfied with the lighting. Engineer Bearden said the only point he would like to bring out at this time is that if a road was installed between the Mermaid and property west it is possible that some road lighting may then have to be added. Otherwise it is sufficient. Councilman Baumgartner asked about the weir required by Rice Creek Watershed. Mr. Hall said they are not really holding ponds. Engineer Bearden said the letter from Rice Creek Watershed was not in great detail, but conversation with the District's engineer revealed this would be sufficient with the small depressed area behind it. The original suggestion was that the ponds be 2 -1/2 feet deep then one of the contours was eliminated, and now they are 1 -1/2 feet deep. It is only necessary that water doesn't flow faster than 1/2 foot a second. Mayor Johnson asked how the area would be constructed to keep water from going down the road. Page 9 April 28, 1975 Mr. Hall said he has been owner for three years and knows the area quite well and has never seen water on the road as a problem. By changing the blacktop; grading to make water flow toward County Road H and with the weir taking the water and distributing it and allowing it to disappear slowly on the south side, there won't be a problem. He doesn't have a problem with water on the road, but if there ever is he will do something to correct it. When the additional parking is added this will be corrected. Mayor Johnson commented on the trash container and said McDonald's restaurant had about the nicest one he has seen. It is all brick and really looks nice. He would like to see something more elaborate than a chain link fence with webbing used at the Mermaid also. The chain link type trash container may be as functional, but one similar to McDonald's would blend into the surrounding area once it gets developed. Another thing he pointed out that the receiving area where stock is brought in has a number of boxes with bottles in them around the runway. He asked what could be done to rid the area of this. Mr. Hall said the boxes contained empty liquor bottles he saves for the boy scouts who come two or three times a week to pick them up. Perhaps it doesn't look good. He has a new cleaning man and sees no reason why he can't put them in back of the building with a baffel in front to cover them up. It is a savings for him to have the boy scouts pick them up. Mayor Johnson said he thought if something could be done it would look better. Mr. Hall said he welcomed the suggestion, and the situation would be corrected. He said sometimes people come to him and make mention of different things and he changes them. He relies on other people to see flaws that persons don't see when they look at it everyday. Councilman Pickar asked if there were any contours in parking area now. Engineer Bearden said the map indicated what the contour is now. Councilman Pickar asked if there would be something to control the volumn of water. Mr. Hall said he has the area fairly covered by blacktop now so that with the bowling alley added there will not be much difference in the amount of ground paved. The parking lot will be tapered so that when it comes down toward County Road H it will be flat. Councilman Pickar feels if the volumn of water is too great a weir such as this will not stop it. Mr. Hall said that is why there is a holding pond so that when it comes to the weir the holding pond will act as a dam. The drop is minimal. The holding pond is like a breakwater, the more rain there is the better this will stop it. Councilman Hodges said he had driven by the Mermaid today and he feels seeding very important along with the weir being installed. There may be a day when an overall picture of the area will have to be taken and all drainage may have to be to a common area, but for the time being he approves of the plans as presented. He commented on the present trash container arrangement at cne Mermaid and said that all supper clubs leave a lot to be desired as far as hiding their trash is concerned. Mr. Hall said he likes to take pride in how clean the Mermaid is. He agreed that the bottle boxes were a good point to bring up. He said that he has a Gallagher receptacle in his parking area and that his trash is picked up everyday. Page 10 April 28, 1975 Councilman Hodges said he knows that Mr. Hall has added lighting, has cleaned up the building, and anyone in the liquor business is going to have some problems from time to time. Mayor Johnson asked how high the wall across the gameroom is. Mr. Hal; said it was chair height with full view of the machines. The windows wou1-' be four feet high. The manager's area will be across from the gameroom with full view of the room. He repeated that they want control. Mayor Johnson asked if patrons as well as waitresses will be using the service bar. Mr. Hall said it would be possible fer a customer to do to the bar to purchase a drink, but they will not be allowed to stand around the bar and loiter. The bartenders will be keeping a very close watch so that they do not serve minors, otherwise they will lose their jobs. If customers don't look at least 20, the Mermaid's policy is to card them. Mayor Johnson asked again if there was some way to make the trash area in the back more aesthetic. Mr. Hall inquired whether the redwood fence would look better. He said that concrete block would probably be cheaper than the cyclone fence. He said he would do whatever Council asked. Councilman Shelquist said two weeks ago Mr. Hall indicated his long range plans included a motel and office facility. What would this do to the drainage. Mr. Hall said he could not answer that. Perhaps a storm sewer could be added at a later date. Councilman Shelquist asked about the possibility of removing the mermaid figurehead from atop the building. Mr. Hall said he would be very happy to take her off if tv shows, magazines, billboards were to be cleaned up. He feels this is a good landmark and is proud of the figurehead. It is a beautiful job of art. He took it off Highway 10 and put it up on the building at L cost of $1,000. Councilman Shelquist said it is the first thing anyone sees when they enter the city. Mr. Hall said he does a lot of advertising in which he uses the Mermaid figure. It is a good logo, and he does not see anything bad about it. He did not feel it would be fair to ask him to remove it. Councilman Pickar asked what the tenative date for business in the bowling alley is. Mr. Hall said it would be ready for business September 1. It takes approxi- mately four months to build and has to be open for fall leagues. This has to be guaranteed to bowlers in order to get leagues to sign up. Engineer Bearden said a portion that was not previously surfaced will be surfaced and hopefully this will prevent the sand from washing onto the street. MS (Johnson- Hodges) to grant a building permit for construction of the bowling alley to Mr. Hall subject to 1) obtaining easement for the city for the drainage storate areas so the city will be permitted to maintain those areas if the owner Page 11 April 28, 1975 fails to do so, and to bill the owner if this occurs; 2) solving the receiving area problem located on the south end of the building currently containing boxes and debris some other storage area is to be designed and incorporated to alleviate the problem); and 3) in conjunction with the city administrator development of alternative treatment to the trash area and, if no alternative treatment can be found, the city will accept the plan, however, Council prefers something more aesthetically appealing than the cyclone fence. Nancy Burmeister, Mounds View Planning Commission, said the Planning Commission had requested more information on plantings. Mr. Hall said he thought they decided at the Planning Commission meeting to continue with planting in front of the building as now exits with underground sprinkler system, greenery all year long and no plantings by the highway that would block view. Councilman Shelquist read the Planning Commission minutes. He said he did not recall specific recommendations on plantings but there was a question raised on decibel limits by Mr. Glazer. However, at present the city has no ordinance on noise. The new zoning ordinance will carry a section on this in accordance with the State Polution Control Agency. MSP (Johnson- Hodges) to amend the motion to include the requirement that the green area around the building be appropriately landscaped. S Ayes. Mr. Hall said that the landscaping was his intention and it would be carried out. Mayor Johnson asked Mr. Hall if he agreed with all of the items in the motion. Mr. Hall said the only thing he objected to was the sod, which would be expensive. He would rather seed and let grass come in. He said he would like to plant rye or something comparable. He said his water bill was already $700 every three months and he could not afford to maintain sod by County Road H. Engineer Bearden said something growing would be required. The worst problem with erosion will be south of the weir and south of the edge of the parking lot after it leaves the weir so something will have to be grown there. Mayor Johnson proposed that Mr. Hall sod it and throw in some black dirt for top soii and make it a nice area and get the sand settled. This is an asset that will benefit the Mermaid. Mr. Hall said if it was absolutely necessary he would do it but to have to sod and water all that area when he did not get any break on his water bill seemed unfair. Mayor Johnson asked Engineer Bearden what alternative there might be. Engineer Bearden said there were several grasses available that would grow well with some top soil added to support it, especially in the areas where erosion would occur. Mayor Johnson asked Engineer Bearden if the plan said sod. Engineer Bearden said it did say sod. Mayor .Johnson asked that the plan be changed to state "provide topsoil and seed and sodding only in high erosion area with the total area covered and seeded." MSP (Johnson- Baumgartner) to postpone indefinitely the public hearing on rezoning of property for the Launching Pad Supper Club as requested by their representative Mr. Palais. Mr. Ery Herbst appeared before the Council stating that he has a signed letter of intent from Perkins Cake F, Steak House to build on the north nart of his property but he needs sewer and water. He said he thought some arrangement could he worked Page 12 April 28, 197; out with the elimination of the city lift station to the north and have the sewer empty into the manhole which he indicated on a map presented to Council. Mayor Johnson said Mr. Herbst could put in the project himself to our specifi- cations or he could have the city do it and asse=s him the cost. Mayor Johnson suggested Mr. Herbst discuss this with Engineer Bearden to find out what alternatives there are. Councilman Hodges thought it would be a good idea to look at the entire area for future development in terms of how drainage would be handled. Councilman Shelquist suggested they look into the grading plan with Rice Creek Watershed. Mr. Herbst said the Rice Creek Watershed board had already been consulted. Mr. Dave Fremore, representing Sunrise Methodist Church, asked Council to waive fees for installation of a sign at the church. Attorney Meyers said any sign over ten square feet required a permit. Mayor Johnson asked if it would be a lighted sign. Mr. Fremore said it would not be lighted but would be a permanent sign. Councilman Baumgartner asked what the fee is. Administrator Achen stated $27.00. MSP (Johnson Shelquist) to waive the $27.00 sign permit fee for the Sunrise Methodist Church. 5 Ayes Councilman Shelquist read the Planning Commission minutes relating to Al Hillsdale's subdivision request. He read a letter from Mrs. Haake, Chairperson of the Planning Commission. Mr. Hillsdale said he was assessed and taxed for land under the lake and has paid on this for 28 years. Engineer Bearden stated Mr. Hillsdale's setback would be 40 feet from the lake while the other houses are 70 to 80 feet back. Mr. Hillsdale said the assessed value of his homestead now is $25,000. He has tried to sell it, but person's that could afford the house payments couldn't afford the taxes. Councilman Hedges asked what the water table was. Mr. Hillsdale said it is 8 feet. Councilman Baumgartner said his concern was that the house would be only 40 feet from the lake. CcinGilman Shelquist suggested Council wait for the decision of the Rice Creek W ;.':ershed District, which apparently has jurisdiction in the matter. Mayor Johnson suggested Mr. Hillsdale take his request to Rice Creek Watershed and then come hack to Council with it. Mayor .Johnson polled the Council. Page 13 April 28, 1975 Councilman Baumgartner said he would abide by Rice Creek Watershed rules and regulations. Councilman Shelquist feels since there is development all around the lake, Mr. Hillsdale has agreed to meet the average setback along Spring Lake Road, the neighbors do not object to his building a house, there is no city ordinance governing setback from the lake, if Rice Creek Watershed grants the request, he will vote to approve the subdivision request. Councilman Pickar said he was reluctant about the setback being out of line with other homes on the lake, but will vote for approval if Rice Creek Watershed approves. Mr. Hillsdale presented a list of his neighbors indicating no objection to the construction. Councilman Hodges feels that since the watertable is 8 feet, there should not be a water problem. He indicated he would go along with the subdivision request. Mayor Johnson said he would approve the request if Rice Creek Watershed approval can be obtained. Engineer Bearden commented that Rice Creek Watershed and municipalities could regulate such matters but such regulationw ould have to be a least as restrictive as the State's. Mayor Johnson recommend Al Hillsdale go to Rice Creek Watershed on May 14 and then come back to Council. If Rice Creek Watershed turns him down, possilby Mr. Hillsdale could come up with another solution to alleviate his tax problem. One possibility would be to donate his lake frontage to the city. Mayor Johnson announced that a Bicentennial meeting will be held April 29, 1975, at city hall. Administrator Achen's Report MSP (Hodges- Shelquist) to approve the licenses: general contractor E.T. Hughes Construction Co., heating /air conditioning Air Conditioning Associates; sewer water Commercial Utilities,; cigarette, off -sale intoxicating liquor Robert D. Bell, Booze Marts Inc. Mayor Johnson asked if all the licenses had been processed through the normal channels. Administrator Achen said all except Mr. Bell, Booze Mart. The State wants to know what Council is going to do before they receive the application. Attorney Meyers read the ordinance which states there must be 500 feet between the property of any school or church. The distance is measured from the door to the property line usually but the shopping center is a little different. Mr. Paster said they had planned for this when they built the shopping center and put the front door of the liquor store in the area closest to the westerly side and he was sure that exceeded the 500 feet required. Attorney Meyers said he was aware that Mr. Paster had planned for this a year ago when he did the layout of the shopping center. Mr. Paster said he has the center arranged so that no signs are visible drom the back or sides, only from the highway. Page 14 April 28, 1975 Mr. Bell stated he previously was part owner of Family Dining, Inc. in Shakopee. He has been in the liquor business for 14 years, He managed an on -sale establish- ment in Minneapolis, the Roaring Twenties, was a sales manager of Canada Dry in Shakopee, has worked for Johnson Bros. Wholesale Liquors, and Old Peoria Company. Councilman Baumgartner asked how many liquor licenses we have left. Attorney Meyers said there is no limit to off sale.The current on -sale law states 12 in Mounds View. MS (Johnson- Hodges) to grant issuance of the liquor license subject to obtaining good references and background check on Mr. Bell. Councilman Baumgartner stated that through the presentation of Mounds View Shopping Center Mr. Paster expressed ideas about having art fairs, and other civic affairs in the mall. There is a safety point to consider when there are children in the area. Mr. Paster said liquor is a part of our life as far as having promotions in the center. He said he has a background of managing six other shopping centers, those centers also have liquor stores where children are around. Every one of his centers is community oriented, and he still intends to have civic affairs, junior high art programs. He said the liquor store would not have displays in the mall. He said the Northtown Center is active in civic affairs, and they have a liquor store. He said Mounds View Square is one of the finest shopping centers in the Twin City area and because of Rice Creek Watershed, the Highway Department and Planning Commissi coop eration, they have the best utilization of the site and therefore have to give the ultimate consumer the product they want. Mr. Bell said he would be the manager of the store himself and would be willing to supply Council with any information personal or otherwise they request. Mr. Paster said this waa a very desired location and had in fact chosen Mr. Bell from 15 applicants who wished to establish a liquor store in the shopping center. Roll call vote Shelquist Naye Pickar Aye Baumgartner Naye Hodges Aye Johnson Aye MSP (Hodges Shelquist) to approve the other licenses. Councilman Shelquist requested that the agenda include whether the license applications are new or renewals. Administrator Achen presented proposed revision of the floor plan for the police department in the new city hall. The plans call for drywall type constru_tion 5/8 chipboard, soundproofing in between them at a cost of $562.00 which is for mechanical and electrical but doesn't include altering the brick facing. We would either have to have brick facing aic ^red or drywall construction angled out to widen the chief and juvenile offices one foot. A change order regarding radiant heating in the two stairwells which the architect recommends removing was discussed, 5 Ayes Page 15 April 28, 1975 It will mean only a slightly lower level of comfort in the stairwell. Cost would be $75 to remove each unit. To install new flush mounted radiant heat units would cost an additional $410 for each stairwell. Administrator Achen feels that the heaters contrast with the rest of the building in terms of modern design. The units should have been installed flush with the wall. Councilman Hodges feels as long as they are in now, they should be left and taken out later if they don't work out. Mayor Johnson said when you walk down the stairs they are at eye level and the bottoms are completely open. Councilman Shelquist said maybe screening could be put on the bottom to covar the pipes but agreed that they are an eyesore. He could not see incurring the added expense to remove them. Councilman Baumgartner agreed. Mayor Johnson said we should leave it the way it is and if problems arise, we could screen it later. sharp aluminum Councilman Shelquist asked if the fins were and could be haza__Jous to children. Mr. Walijarvi, architect for the building, said this isn't the type of radiator that would burn anyone. He said he agreed that this was a terrible mistake to put them in. He said they would remove the units if Council wanted and there would be no cost to the City. MSP (Johnson Baumgartner) to authorize the architect to remove the radiant heating units at no cost to the City. 5 Ayes Mayor Johnson said they would hold decision on the change order for the police wing until the next Council meeting awaiting firm figures on the total cost. MSP (Hodges Shelquist) to approve the bills: General Fund checks 10253 thru 10332, Payroll Transfer #10333 transferring from General 12,248.54, from Water 1,044.32, from Sewer 1,484.80, to pay gross pay of 14,777.66. Payroll Account checks 11164 thru 11166, Payroll Checks 1864 thru 1898. Total disbursements 89,449.05. 5 Ayes Mr. Walijarvi explained the situation of water in the basement of the new city hall. He told Council the contractors would definitely find out what was causing the water, and he would work with B E Enterprises to get the situation corrected at no cost to the City. Administrator Achen requesting hiring of Chris Weston for temporary laborer in public works maintenance. MSP (Pickar Johnson) to hire Chris Weston at $3.50 /hour under the Ramsey County CETA program. MSP (Johnson Hodges) to hire Narlene Link as temporary clerk typist to work in the police department in the absence of Carol Waide at $3.25/hour beginning April 24th. 5 Ayes Administrator Achen asked for Council approval of the police department's plan to repair and donate bicycles held by the department to retarded children. Council agreed that this was a worthwhile project. Page 16 April 28, 1975 MSP (Hodges- Baumgartner) to authorize signing of the contract with Eagle Automatic. The amount due under the contract will be reviewed as setoff against architectural fee. `5 A Administrator Achen stated the MTC had requested additional signs be installed. He said he had not received any response from MTC's attorney regarding costs in this matter. Attorney Meyers stated that he does not consider this a legitimate city expense. Administrator Achen said there is a possibility that we may receive additional funds from Ramsey County CETA program. He said he was not asking Council to commit themselves to permanent staffing but presented positions that could be filled and utilized on a temporary basis while CETA funding lasts. Councilmen were in favor of this program. Councioman Pickar added that they should be hired only with the understanding that it is temporary work. MSP (Johnson Hodges) to authorize the application for CETA funding of the positions of tree inspector, recreation program director, inspector aide, custodian, and accountant I. 5 Ayes MSP (Johnson Shelquist) to set a public hearing for May 27 for platting of Keith Harstad's Greenfield Plat #3 at 8:30 p.m. 5 Ayes Administrator Achen requested Council approval to extend the probationary period of Jeannine McDonald an additional two and one half months. MSP (Johnson Pickar) to extend the probationary period of Jeannine McDonald until July 15, 1975. Councilman Hodges' Report Councilman Hodges handed out a sheet explaining what should be done as protection against tornadoes. S Ayes Councilman Baumgartner's Report MSP (Baumgartner Johnson) to accept park fund cash dedications for subdivisions from Richard Carlson, $325; Robert Carlson, $1,015; Virgil Beyers, $306; Harley Rasmussen, $108.; Timothy Lewi, $64.50; Richard Hull, $51; Lloyd Bardwell, $57. 5 Ayes Councilman Baumgartner said the Park and Recreation Commission would be meeting the third Wednesdays in May, June and July. Councilman Pickar's Report Councilman Pickar reported that the last meeting of the Lakeside Park Commission was held on April 10 and the next meeting is May 8th. Councilman Shelquist's Report MSP Shelquist- Hodges) to approve the subdivision request of Timothy Lewis, 8331 Red Oak Drive creating two lots per the Planning Commission minutes of April 23, 1975. 5 Ayes Page 17 April 28, 1975 MSP (Shelquist- Hodges) to approve the subdivision request cf Hull, 8303 Red Oak Drive,jto split one lot into two lots per minutes of April 23, 1975, subject to a street easement 0 8 and that the 10 foot utility easement across the lot or lots to align with utility easements on adjacent properties. Richard and 'Leipha Planning Commission feet on the east lot be made in each a way Councilman Shelquist asked for Council's intent in referring the garage size ordinance back to the Planning Commission. Mayor Johnson would like their studied opinion of whether the city's ordinance is up to date in comparison with other communities. Councilman Shelquist said the Planning Commission felt that the present ordinance of 728 square feet provided sufficient space for modern homeowners. The Commission has discussed what size garage would start inviting business type activity into the residential community. Councilman Baumgartner said we should seriously consider increasing the square footage to such a size that you could get three cars with space left between them. Attorney Meyers' Report Attorney Meyers presented the proposed agreement for supplying city water service to W. Bache, 2510 Ardan Avenue, allowing him to connect to the municipal water system without immediately paying an assessment. MSP (Johnson- Shelquist) to authorize mayor and clerk to execute the agreement with Ralph A. Bache and to limit his water service to a three year period without assessment. 5 Ayes Attorney Meyers said the Dailey Homes versus the City of Mounds View case was decided in favor of the City. This upholds Council's action to rezone the land in question from B -3 back to R -1. MSP (Shelquist- Hodges) to adjourn at 1:53 .m. Respectfully submitted, f ��i (tee. l iU: C.. Mark Achen Clerk- Administrator 5 Ayes;