Loading...
HomeMy WebLinkAboutMinutes - 1976/02/231. Roll call of officials A G E N D A Council meeting February 23, 1976 2. Minutes of February 9, 1976, regular meeting and February 12, 1976, special meeting. 3. Citizen comments and suggestions. 4. Execution of 1976 Labor Agreement with Operating Engineers Local No. 49 5. 8:30 p.m. public hearing on request to rezone property adjacent to Launching Pad Supper Club for construction of 32 lane bowling alley. 6, Robert Waste request to subdivide property adjacent to Launching Pad (continuation of Item 5). 7. Red Oak School request for extended use of City Hall facilities to conduct PACT program. 8. Robert Carlson request to extend recording deadline for White Oak Estates Third Addition. 9. Bills for approval. 10. Licenses for approval. 11. Reports of officials. 12. Adjournment. 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 Johnson on February 23, 1976, at 8:05 pm, 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 Atty. Geo. Seltz Engineer Bearden MSP (Hodges Shelquist) to approve the minutes of February 9, 1976, regular meeting. 5 ayes MSP (Pickar Baumgartner) to approve the minutes of the special meeting of the Mounds View City Council on February 12, 1976. 4 ayes 1 abst. Councilman Hodges abstained as he was not present at the meeting. There were no citizen comments or suggestions. MSP (Pickar- Hodges) to approve the agreement with Operating Engineers Local No. 49 for 1976 at $1077.33 for the maintenance employees with a beginning wage probationary period of six months of $50 per month less. 5 ayes Item 8 on the agenda, the Robert Carlson request to extend the recording deadline for White Oak Estates Third Addition, was explained by Administrator Achen as some unnecessary street easements were found existing on theproperty and they must have them vacated before platting. He recommended that the Council extend the deadline for submission of the final plat from March 17, 1976, to April 12, 1976. This is justified because the city has to have adequate time for notification of the public hearing. Councilman Baumgartner stated that he suggested that the Council stay with the 100 day limit. MS(Pickar Hodges) that due to the circumstances that there was a technical error rather than a real error that the Council grant the extension to April 12, 1976, for the final plat for Robert Carlson White Oak Estates Third Addition. Councilman Shelquist stated that it should be the responsibility of the person coming in for the subdivision to look into the requirements. He does not see it as a technicality, but simply as overlooked by the person requesting the subdivision and do not feel we should waive the ordinance for his error. The staff indicated that Ron Murphy, the surveyor of Comstock and Davis stated that there is a degree error in 83rd and Pleasant View and it is his error. The easiest way to amend it is to vacate what is given now and substitute the proposed plat. A roll call vote was called for: Councilman Baumgartner nay Councilman Pickar aye Councilman Shelquist nay Councilman Hodges aye Mayor Johnson nay Motion failed -2- MSP (Baumgartner Shelquist) to set the public hearing for Robert Carlson White Oak Estates Third Addition for March 22 at 8:30 pm. 5 ayes Mayor Johnson recessed the regular meeting at 8:35 and called to order the public hearing to rezone the property adjacent to the Launching Pad Supper Club for construction of a 32 lane bowling alley, and the Robert Waste request to subdivide property adjacent to the Launching Pad. Dale Magnuson spoke for the Launching Pad. He stated that the proposed B -3 is necessary for part of the building as well as the additional parking requirements. H fti;rther stated that they are following the Planning Commission's rer regarding shrubs and birms, and since it is a square type of building they will be doing some garden work in the front, with a walk as well as a planted garden. All of the trees are planted size and not mature size. Along the birm the tallest trees will range from 12 -25 feet, the shortest would be small spreading evergreens and there is an 8 foot high radiant crab for screening purposes. At the neighborhood meeting last Sunday, Mr. Magnuson felt that their #1 concern was the Jackson Street exit: cars coming out of the parking lot and going down a residential street. They are willing to delete that exit but the fire marshall needs it and the fire marshall suggested a chain which they are willing to do. As far as trash handling, they have made a plan for screening the trash equipment (as printed on the hand -out). Regarding conditions for drainage, they plan to have a hard surface with asphault. He stated that when they contacted Rice Creek Watershed they seemed very cooperative, but our schedule will have to be worked out with theirs. What they would like to do is to have it remain crushed rock until they get word back from the consulting engineers on the storm sewer and then it can be addressed to the storm sewer. However, they have to get their permit from Rice Creek and they want them to stay with crushed rock, which makes for a messy and muddy parking lot. Councilman Baumgartner: When you black top it you will have your drainage running south? Mr. Magnuson: Yes, presumably, rather than north into the residential area. Councilman Baumgartner: Will your elevations for the parking lots also be submitted when you go for your building permit? Mr. Magnuson: We are just getting to those now. They insist on the following things: 1) that we clean the water. 2) build a drain field under the parking lot. 3) a small ponding area to accommodate debris from the parking area. Councilman Shelquist: What are the heights for your birms? Mr. Magnuson: About 3 feet high. This brings us above the cars' headlights. If they were more severe they would be hard to maintain. Councilman Shelquist then inquired as to the height of the shrubbery. Mr. Magnuson replied from 3 feet to 15 feet at planted height. Councilman Shelquist reminded him that they may not be dense enough to meet the zoning code as we need a 6 foot opaque screen. Mr. Magnuson stated that this was not an opaque screen. Many materials can be used to make an opaque screen but that does not allow for a mixture of material. What we have is a much more attractive situation. Councilman Baumgartner suggested he get a copy of the requirements for fencing and screening. Mr. Magnuson said that whatever the requirements are we have the willing- ness to do whatever is needed. There is a possibility of a fence, but plantings screen out some noise and lights, but are not opaque. 3- Mr. Shelquist stated that birms are not allowed as part of the screening in the present ordinance. The new zoning ordinance allows up to 3 feet of the screening requirements to be taken up by a birm. Mr. Magnuson: We are not interested in a variance. If you want a fence you have got a fence. Mr. Shelquist: I think the residential area should be protected. Councilman Hodges: We would like to do what we have to out here. If you see something nice it doesn't matter what is behind it. Mr. Magnuson: Opaque screening when you plant is extremely difficult to do. Mr. Hardinger would like to delete the fence if possible, but doesn't want to go into a variance hassle. Mayor Johnson: If you could take and make the birm wider you could build it up higher. Councilman Baumgartner: They are complaining of debris blowing into their yards. A fence would stop this. Mr. Magnuson: A birm would stop some. Councilman Hodges: In the winter the fences are starting to collect debris. I think that looks worse. Mayor Johnson: We have residents here. Maybe we could open the meeting up to the floor. Tom Gustafson, 2295 Cnty Rd. H2 no matter what you put up it is still going to depend on who maintains all of it. There are broken bottles, etc. in the ditch at my house. What about parking on H2? The chain won't last. Who is going to maintain the birm? Mr. Burt Ramsted, 5295 Jackson Drive what alternative do we have if these terms are not met. Mayor Johnson: In the future the city is going to control development and the developers will join in with the city in a development contract wherein they negotiate and agree to what they have to do. In order to make sure that the development is done the way it is agreed to be done, they have to enter into a bond to make sure that all of the stipulations of the contract are adherred to. If there is a problem the city could require that there be a bond posted and if maintenance is not in accordance with the agreement the bond could be used to clean up the property. Also if it is a public nuisance they can go in and clean up and assess the property owner. Mrs. Walter Johnson, Cnty Rd H2 We have to live with the noise all night. It is the customers driving straight out, not the owner's fault. Who will enforce this? What abut ull the debris that comes down? We call and we get no help. How do you solve that? Bruce McDonald 5287 Jackson Drive Got to be something done with that debris. Kids are throwing broken bottles, I have seen them throw boxes out of their back door, rather than walking to the garbage can. Someone ran through our back fence as we did not have a hill that would have prevented that in our backyard. Mrs. Walter Johnson: Is anyone that wakes you up 4 times a week a good neighbor? Mayor Johnson: No. Mr. Hardinger Launching Pad We haven't had a complaint from the police department in a year and a half about the door being opened. To my knowledge we haven't had complaints from the neighbors. Since we got a citation a year or so ago we haven't had any problems. We have had a problem with one or two truckers and have asked them to park over by the Launching Pad sign. Most of them do. The debris is impossible to handle in the winter time. For example, the cans with snow on them. We pick up the obvious debris. In the summer once a week a cleaning service comes in and cleans it up. We try to get as much as we can. Fence collects a lot. -4- Tom Gustafson: This is all in the past. But the exit: don't know what it is going to take to keep people from going over that birm. If you had one 10 feet wide they will lose the bottom of their car. Mr. Magnuson: It is pretty hard to break a chain. And the fire marshall demands it. Your concerns about the debris: the bowling center indicates a change in business. You will move into a more family oriented business, more substance to it. Will not cure all of the problems but will help the hot rodding. The bowling alley does not have a kitchen or dining facilities, the supper club provides eatting and dance facilities, one may compliment the other. It is a shift in emphasis in business. Mayor Johnson: How are you displacing any of the current business? Mr. Magnuson: We aren't, just hoping that there will be some difference there because of the bowling alley. Mayor Johnson: Are you serving liquor in the bowling alley? Mr. Magnuson: Yes. Councilman Baumgartner: Are you proposing any lingerie shows? Mr. Hardinger: No, definitely, no lingerie shows. The room will take care of bowling banquets, private groups, etc. That is not what we have in mind whatsoever. We would like to accommodate groups and we cannot now. This will give us a place where people can come in and have their parties for retirements, etc. There would be a limited menu and a steam table would be used. Mayor Johnson: You will have a new bar in the bowling area? Will you be able to take cocktails to the alleys? Mr. Hardinger: Definitely. This is the way most bowling alleys operate. Waitresses will serve the area and caeck IDs etc. Mayor Johnson: Will my 13 year old be able to bowl? Mr. Hardinger: Yes. We serve liquor and also accommodate young children in the supper club. Mr. Magnuson: Most bowling alleys do not permit drinks in the settee areas because of danger of injuring lanes, etc. Tom Gustafson: That's not going to change it- -still get the rock group. Mr. Magnuson: Mr. Hardinger wants to change his emphasis in business. Mrs. Bruce McDonald: Putting in a bowling alley is not going to stop the problems we have now. We will have twice as many problems, traffic wise. Jackson Drive is nothing but little kids. We have trailer courts and apartments now -more traffic, more problems. Councilman Pickar: We could put in the contract anything you would desire. If that chain is broken we could demand that it be replaced in 24 hours. Mrs. B. McDonald: What are they going to do about the problems we have right now? Councilman Pickar: We would eliminate the access to Jackson: chain would be replaced within 24 hours. I think in that sense it might eliminate it. We would hold them to the contract. Mrs. McDonald: How long after the building is up is the birm going in? Mayor Johnson: We can stipulate that they don't begin using the facilities until the project is completed. We can get pretty tough. What do you want us to tell them to do? Mrs. McDonald: We asked for a stop sign on Jackson and H2 (at H2). Mayor Johnson: We will direct the administrator to have the police chief look at that corner and see if we can put one in. Ad. Achen: We can look at the situation for the full length and see what can be done to reduce traffic speeds. Mrs. McDonald: The debris problem. Councilman Hodges: You could hire a young man to do this every day. Mr. Hardinger: We don't allow beer bottles out of the club, the birms should catch the debris. The bowling alley will take care of Mr. Waste's 5- open field so they cannot drive through there. Mayor Johnson: Couldn't it be done once a day-- McDonalds does. Mr. Hardinger: The paper maybe is easier to get at than the bottles or cans. We can come to some sort of agreement. Mr. Magnuson: A concrete curb and gutter is not figured in the project. Could accomplish the same thing with black topping. Vicky Martinson 5302 Jackson Drive 1. For sure, now, can a chain be put up? Steve Rose Yes, have spoken with the fire chief and he will not accept a gate. Mr. Magnuson: Have to put in a chain with a good sized reflective materials, signs, and paint out the exit. Light it well, that is about all you can do. More lights for the safety of the customers. The idea is to light the lot and not the neighborhood. Bruce McDonald: In addition to the chain put in a black top bump. That will slow the traffic. Mr. Magnuson: If someone is going to break the chain with his car he isgoing to wish he hadn't Tom Gustafson: Couldn't the owner of the bowling alley be responsible for the gate to be opened? Mr. Magnuson: The fire marshall says he wants the chain. Mayor Johnson: (illustrating on the map) Perhaps now is the time to think about putting in an access road. Councilman Baumgartner: One of the points that the Plan.ling Commission talked about was that there be no roads exiting onto H2 in a residential area. Whatever way possible, exit onto Highway 10. Mr. Waste, somehow your property should be platted so that you can have some interior roads, onto 10 rather than H2. We'll ask the state to give us a cut through. Mr. Hardinger: We are going to ask for another cut on Highway 10. Ad. Achen: We wouldn't have to depend on H2 to come in if we could get the interior road system, if the state would be receptive. Soon the city will cut off its options to plan for traffic control. What the Council is trying to do now is not jeopardize the chance to rationally plan the traffic in this whole area by not cutting off its options. Mayor Johnson: Where do you make your new curb cut? Mr. Waste: Approximately on the end of the 160 feet. Mayor Johnson: Everybody wants access off 10. Why not have a service road and everyone funnel onto that and have one access off 10. Vicky Martinson: If the fire department insists that the Launching Pad have an access on H2 all of the other developments will have the same requirement. Councilman Shelquist: The inner road will allow access from the east. They are more concerned with getting to both sides of the building. You may be right, but probably only one on Raymond Avenue. Mayor Johnson: If you are in favor of the rezoning state your position if you wish. If against, please say that also. Councilman Baumgartner: For your information, the existing property now is zoned R -3. The comprehensive plan calls for commercial light industry in that area. Mr. Hardinger: Now is an excellent time to come with a plan for the road. I just happen to be the first one, but there will be more and more. Mayor Johnson: That is a very good statement. The problem is that in order to develop, the whole thing must take into account everything. Now is the time that you formulate, not after it is 50% developed. 6- Mrs. Bruce McDonald: If we all got together could we not get it in? Is there some way to keep it out? Can we stop it somehow? Mayor Johnson: You can file a lawsuit against us if we go through with the rezoning and you don't concur. The reason that you are here is we want to hear what your comments are and your concerns, so that if we do take action we will incorporate your comments. Mrs. McDonald: How much noise from it? Mr. Magnuson: Exterior of building is concrete block. Chances of hearing anything on the outside with the doors shut are almost nil. The exits are on the far side away from the residents and the doors are double doors. Mayor Johnson: I cut off discussion -you are either in favor of it or against it. Tom Gustafson: Will these things be stipulated in an agreement? If that is true than go ahead and do it as long as we have some means of complaint that will be answered. Mayor Johnson: We will try to protect your interests as best we can. We cannot prevent every incident from happening but we can do what we can to stop 90% of it. Mr. Gustafson: That is acceptable. Bruce McDonald: I am in favor of it. Rather see that there than apartment buildings if these things are taken into consideration. Vicky Martinson: I am for it. Mr. Hardinger: We plan to close, right now, around 1:00 am. Try to hold it to same hours the bar is open. Might get a small league from 12:00 to 3:00 but not very practical. Ad. Achen: That could be subject to city resolution as well. Mayor Johnson called a 10 minute recess at 10:35. Special hearing was called back to order at 10:55. MSP (Johnson Baumgartner) to conditionally rezone the demised parcel which we have been discussing here tonight from R -3 to B -3. Said rezoning shall be conditioned upon issuance of a building permit for the bowling alley addition. Prior to the issuance of the bowling alley permit the applicant shall plat the demised parcel according to Chp. 42.06 and fulfill the requirements of 42.07 regarding park fund dedication, and shall enter into a binding contract which shall address the problems enumerated at this hearing and other relevant concerns of the city. The conditional rezoning shall be contingent upon issuance of a building permit covering the proposed bowling alley no later than May 21, 1976. Mayor Johnson: We will have to get professional help to find the best possible means of traffic control in that area. A roll call vote was called for: Councilman Baumgartner aye Councilman Pickar aye Councilman Shelquist aye Councilman Hodges aye Mayor Johnson aye 5 ayes MSP (Johnson- Hodges) to direct the staff to secure the services of Midwest Planning for the Planning Commission to immediately address the problem of traffic patterns in District 2 and that the administrator be directed to enlist the counseling services of Midwest Planning on this particular problem, limiting the costs to an amount not to exceed $500. 5 ayes -7- Ad. Achen stated that they still have not negotiated a contract with Midwest Planning for services so they would have to have a mini agreement or something. MSP (Hodges Shelquist) to adjourn the special hearing. 5 ayes Mayor Johnson reconvened the regular meeting at 11:15 pm. Next item on the agenda: Red Oak School request for extended use of City Hall facilities to conduct PACT program. Jack Vaueel and Sandy Hershhovitz spoke for Red Oak School and the PACT program. They request the use of the two rooms in the southwest corner, latter being used as a secretarial office and the other as two staff counselling offices and a general activity area. Phone conduits will have to be installed, they will need security on these rooms, and would like somewhat exclusive rights to the rooms, as their program will operate evenings and weekends occasionally. Further, they will need keys for use of the facilities, more heat will have to be provided. Mayor Johnson stated that to have the kitchen facilities used just exclusively by them would be difficult. Ms. Hershhovitz stated that there would be a toy lending library and secretarial room in that area. The desk would be 30 x 60, chair, book shelves mounted on walls, typewriter, etc. Difficult to move out. Ad. Achen said that our needs most often would be in the evening when the secretary does not work. Mayor Johnson suggested putting the secretary up in the City Hall office and Ad. Achen said that this was a possibility but also would raise difficulties. Ms. Hershhovitz said since this would be a rare situation and merely in the evening she could see no problem, the desks and files could be locked. MSP (Johnson Shelquist) to give conceptual approval to the idea of having the PACT program in the community room and we direct the administrator to negotiate a contract covering the operation and the remuneration the city will receive for the costs and that the contract be prepared and presented to the Council for its consideration on its March 1 agenda meeting with passage to take place on March 8. 5 ayes The administrator will write to the PACT program people and explain this delay to them. Administrator Achen presented the bills for approval. In the February 23, 1976 payables are General Account Checks 11973- 12020, Payroll Account Checks 1241 -1244, Payroll Checks 3355 -3399 and #2300 2307, Transfer Check 12019 transferring $15,739.46 from General Fund, $1,390.20 from Water, $2,042.06 from Sewer to pay gross pay of February 27, 1976. Total February disbursements $51,032.19. MSP (Hodges- Baumgartner) to approve the bills as listed. 5 ayes MSP (Johnson Pickar) to approve the applications for licenses as attached. 5 ayes LICENSE APPLICATIONS i' Masonry contracting renewal BARRY BJUGSTAD 5511 Quincy St. St. Paul, MN 55112 Masonry contracting new M. L. CLAUSEN CONSTRUCTION 5080 Sunnyside Rd. Mounds View, MN 55112 Heating renewal D D ANDERSON HEATING PLUMBING, INC. Route 2 Box 754 Cambridge, MN 55008 General contractor new TOM HANSEN 8715 W. River Rd. Brooklyn Park, MN 55430 LAMETTI SONS, INC. Suite 200 1700 W. Highway 36 St. Paul, MN 55113 ADMINISTRATOR ACHEN'S REPORT: -8- Mr. Achen suggested setting a hearing date for a special trained dog permit (Donald Borgen, 7635 Woodlawn, Apt. 202). MSP (Shelquist- Hodges) to set a special hearing for special trained dog permit for March 8 at 8:15 p.m. 5 ayes MSP (Baumgartner- Johnson) that the administrator review Chapter 91.03 of the ordinance and that the paragraph concerning licensing of a trained dog be removed from the ordinance. Councilman Shelquist stated that there are people in the city who have trained dogs who would like the option if the city every enforces the dog ordinance, so he would be opposed to removing it. Since we are operating without a contract with MAPSI, we should make some move one way or another. Mayor Johnson said that the only way to solve the problem is to get someone in here full time. A roll call vote was requested. Councilman Baumgartner aye Councilman Pickar nay Councilman Shelquist nay Councilman Hodges nay Mayor Johnson nay Motion tailed. MSP (Johnson Hodges) to approve the attempt of Spring Lake Park Bicen- tennial Commission to obtain funding for the band shell and affirm the administrator's signature. 5 ayes MSP (Pickar Shelquist) to approve she sale of the trade -in police squad car to Lowry Repairs Center, Inc. for $900.00 on January 27, 1976. 5 ayes MSP (Johnson- Hodges) to approve bid openings for tree removal services for March 12 at 2:00 p.m. 5 ayes Ad. Achen stated that a detective bureau in New Brighton wants to put an antenna on our water tower. MSP (Johnson Shelquist) to give conceptual approval to placing an antenna on our water tower and that the administrator be directed to prepare an agreement for presentation to the March 1 agenda meeting and that we take action on it March 8. 5 ayes MAYOR JOHNSON'S REPORT: Mayor Johnson stated that one of the items in the budget for 1976 was securing a city engineer. MSP (Johnson Shelquist) that we direct the administrator to prepare a job description for the position of city engineer and that the job description be presented to us at the March 1 agenda meeting. 5 ayes COUNCILMAN HODGES had no report. COUNCILMAN BAUMGARTNER'S REPORT: At the last Bicentennial meeting there was a motion to purchase a 30' x 30' bicentennial sign. We need a motion from the Council approving their purchase for installation of the sign. MSP (Hodges Pickar) to approve the purchase of a 30'x 30' bicentennial sign. 5 ayes Further, Thursday February 26 at 6:30 is the regular meeting of the Parks and Recreation Department. Doug Bryant has put together an application for a Federal. Assistance grant asking for $131,000 to develop Greenwood, Oakwood and Lambert Parks. Councilman Baumgartner also requested that bills for approval, licenses for approval and reports of officials be placed higher on the agenda Councilman Pickar had no report. COUNCILMAN SHEL(1:JIST' S REPORT: -9- Councilman Shelquist stated that the comprehensive plan should be discussed as it hasn't been adopted yet. MSP (Shelquist- Baumgartner) that the comprehensive plan be placed once more before the attorney for his review and placed on the agenda for adoption at our March 8 meeting. 5 ayes He further stated that, regarding the dog ordinance, that we have the police department observing the problem but going right on by there is no action and no follow up. MS (Shelquist- Johnson) that we direct the police department, starting tomorrow, to take the initiative to enforce Chps 90 and 91, the dog and nuisance ordinances, issuing tickets where necessary to enforce it and that the administrator remind them of the obligation as often as necessary to effect the enforcement of those ordinances. Mr. Shelquist stated that he was suggesting that rather than driving by the; problem, stop and do something about it. By not enforcing it they are telling people that the city of Mounds View doesn't care. Councilman Pickar suggested calling in the police chief and discussing it with him. Mayor Johnson said that we could do that, but the feedback when we called him in before on the junk car problem was that they have many bigger problems to deal with, but they would try to sandwiche it in. Ad. Achen stated that to be effective you have to devote some time and energy to it and whether or not the police should do it is the question. Attorney Seltz said that it is a question of manpower and priorities and what the police should do. The question should be deferred and alternatives checked. MSP (Johnson Pickar) to amend the motion to strike from the motion any relationship or comment referred to as far as the dog ordinance is concerned. 4 ayes Shelquist 1 nay The Council then voted on the main motion, as amended. 4 ayes Motion carried. Hodges 1 nay Mr. Shelquist stated that he nad a second alternative to the dog situation and moved that the Council repeal subdivisions 1 -18 of Chp. 91 entitled "Animals Motion died for lack of a second. -10- Mayor Johnson stated that City Cleanup Day is tentatively scheduled for April 24. MSP (Johnson Baumgartner) that Allen Zepper +be approved as a member of the Mounds View Planning Commission to fill the expired term of Michael Lonergan, a new three year term to expire Dec. 31, 1 5 ayes Engineer Bearden stated that the standards have arrived for the parking lot lights and the fixtures will be here shortly. MSP (Shelquist- Johnson) to adjourn at 12:40 am. Respectfully submitted, Mark chen Clerk- Administrator