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HomeMy WebLinkAboutMinutes - 1977/05/23A regular meeting of the Mounds View City Council was called to order by Mayor Pickar at 7:30 PM on May 23, 1977, at the Mounds View City Hall, 2401 Highway 10, Mounds View, Minnesota 55112. Members Present: Also Present: Mayor Picker Councilmember Hodges Councilmember Baumgartner Councilmember Rowley Councilmember Ziebarth MSP (Hodges Rowley) to approve the minutes of the May 9, 1977 regular meeting. 5 ayes CITIZEN COMMENTS AND REQUESTS There were no citizen comments or requests. PROCEEDINGS OF THE CITY COUdCIL CITY 0/ MOUNDS VIEW RAMSE'Y COUNTY, MINNESOTA Clerk- Administrator Achen Attorney Meyers Engineer Hubbard APPROVAL OF CONSENT AGENDA Administrator Achen expressed concern over the application for an off -sale intoxicating liquor license for the Mermaid Cocktail Lounge, item G on the consent agenda, since the Mermaid had discontinued their off -sale liquor area and did not plan to include one in their remodeling. MSP Pickar- Rowley) to approve the Consent Agenda t rith the exception rf Item G, as follows: ITEM A. Set public hearing on Groveland Terrace preliminary plat for 7 :40 PM, Mo .y ?pr ITEM B. Set public hearing on recreational and commercial vehicle parking for 8:00 PM, Monday, June 20, 1977. ITEM C. Appoint Jack Shields assistant weed inspector to perform duties mandated by Minnesota Statutes 1976 Chapter 18.231. ITEM D. Accept the recommendation of the Parks and Recreation Director to retain Mary Kvalheim as a regular full -time recreation supervisor effective June 7, 1977, when her six months' probationary period shall be satisfactorily completed. 5 ayes ITEM E. Appoint the following summer Rec Leader I $2.90 /hr. Dave Meyers Joan Campbell Rec Aide $2.60 /hr. Janese Bisset Cathy Gerner Todd Mulliken Mark Wright Paul Rynders Rec Instructor I $4.00/hr. Judy Williams Sarah Rynders Marcus Magnuson Carol Hanson recreation part -time personnel: Rec Leader II $3.00/hr. Judy Williams Sarah Rynders Marcus Magnuson Mark Wright Paul Rynders Carol Hanson Janet Larson Mark Matthews Rec Instructor II $6.00/hr. Janet Larson Mark Matthews Ball Field Attendant $4.00/hr. Canoe Instructor $6.00/hr. Dave Meyers MN Canoeing Assoc. Richard Johnson Beth Olsen (YMCA) ITEM F. Approve the May 23, 1977, bills for payment. The off -sale liquor license for the Mermaid was discussed, and Administrator Achen stated that the license had been discussed with the owner, Mr. Charles Hall, and he wanted to continue to hold the license, even though he did not intend to use it. Mr. Hall had expressed concern regarding the license since the Mermaid had had an off -sale license when he bought the Lounge and he did not want to encounter any pro- blems in his contract for deed by not continuing to hold a license. Councilmember 2iebarth asked if Mr. Hall rust apply for a license at this time or if he could wait and apply for it if he should later decide to include an off-sale area in his remodeling. Administrator Achen stated that Mr. Hall could apply for the license at a later date. Attorney Meyers pointed out two legal stipulations that Mr. Hall would not be meeting if he were granted an off -sale license and did not use it immediately. They were that his application aunt the Trc. isec of +b. l d the icers g the r -saw_ ar!_ also, ,h must be posted in the off -sale area. Thus, if he did possess the license, he would be violating state law on those two points. MSP (Pickax- Hodges) to approve item G of the consent agenda with the exception of the off -sale liquor license for the Mermaid Cocktail Lounge Inc., with a letter being sent to Mr. Hall explaining why the license was not granted, as follows: 5 ayes ii ITEM G. CONTRACTORS expire General new Lindman Builder 5120 Irondale Rd. Mounds View, MN 55112 Economy Builders Inc. 6725 14th Ave. S. Minneapolis, MN 55423 Masonry new Masonry Services 1030 Edgewater Ave. Shoreview, MN 55112 SET -UP expire 6/30/78 Bel Rae R a1Ir.o: rn 5394 Edgewood Drive -3- Approve the following licenses: Sewer Water Excavating Beyer's Excavating 2742 County Road J Minneapolis, MN 55432 6/30/77 General renewal Bill Zimmerman's Stucco Route 2 Rogers, MN 55374 Minnesota Package Products 6922 55th St. N. No. St. Paul, MN 55109 House Mover new Safeway House Moves Inc. 23590 Jamaca Ave. N. Forest Lake, MN 55025 renewal ON -SALE INTOXICATING LIQUOR expire 6/30/78 Anchor Inn Donatelle's 2400 County Rd. H -2 2400 Highway 10 Mermaid Cocktail Lounge Inc. 2200 Highway 10 OFF -SALE INTOXICATING LIQUOR expire 6/30/78 B R Liquors Budget Liquors 2345 County Road H -2 2567 -2573 Highway Donatelle's 2400 Highway 10 Simon's Liquors 2840 Highway 10 10 PUBLIC DANCE HALL expire 6/1/78 D'1 R•:,' 5394 Edgewood Drive '!ayor ?ic recessed the general reeting and opened the public hearing. PVF LIC H TARING R'.1 0 On 5299 EDG3' :OOD DRIVE R -1 SINGLE FAMILY TO R -2 TWO FAMILY RESIDENTIAL DISTRICT Mike 'Mite, representing Sunnyside Builders, has requested the lot at the southwest corner of Edrrewood and rr my Roar H2, ap'±roximately 5299 7;dr >wood, be rezoned from R -1 to R -2, as he would like to build a duplex on the lot. Councilmember Hodge, aye Councilmember Baumgartner aye Councilmember Rowley aye Councilmember Ziebarth nay Mayor Picker aye Administrator Achen reported that the Comprehensive Land ?Ise Plan denotes this area as low density residential (single family), as does the Zoning Pao. The lot in question does provide the square footage required for a duplex. The requirement is 12,500 feet and the lot is 15,000 feet, The lot is located adjacent and opposite to higher business uses and also at a highly traveled intersection of County Road H2 and Edgewood. The land north of the property is zoned medium density. The duplex Mr. White plans to build would include a three car garage, and each living area would have two bedrooms. Hr. White and Ron Michna, 2669 Scotland Court, owner of the property, presented a petition of 1S signatures they had received from the residents of the area. 3ob Stoner, 2454 County Road H2, stated that he had not been approached with the petition, even though he was a resident of the neighborhood. Mr. Michn_a explained that there were a few neighbors he had not been able to conte.ct while he was cir- culating his petition. Councilmember Baumgartner asked who would be living in the duplex. Mr. White replied that he would own it, but would rent out both sections of the duplex and not live in it himself. However, he is a resident of the neighborhood and would see to it that the house and yard were kept up. Mr. White stated that the duplex would have a value of approximately $60,000. Mr. Michna pcinted out that the whole block of County Road H2 to the north of his lot is zoned R2 and questioned what one more duplex in the area would mean, as he had attempted to sell the lot last summer, and listed it with a realtor for 90 days and did not sell it, which is considered unusual for property in Mounds View. His feeling was that he would not be able to sell the lot for a single family dwelling, even though he had listed it below what he felt was a fair market value, since the block directly across from his lot would be all duplexes. Rollie Blakely, 2462 County Road H2, stated that he felt the duplexes planned for the n_ort', side of County Road H2 were enough and he did not want another duplex included in the neighborhood. Administrator Achen stated that there would be a Development Agreement on the duplex if the lot were rezoned, which would require the posting of a bond and the following of all ordinances and meeting all reauirements. Mayor Piekar eieepa th eu, ee eeeeeee. LISP (Baumgartner- :lodges) to grant the request of Sunnyside Builders to rezone the lot at 5299 Pldgewood from R -1 to R -2, with a development agreement being renuirea when the building permi G i e _J` ilC.d. I.SU.i rCU UCat,ctl. A roll call vote was taken: 4 ayes, 1 nay Ve -5- PUBLIC HEARING OT -SALE IrTOXICATING LIQUOR LICETSE JOSEPH HARTINGER, DBA LAUNCHING PAD SUPPER CLUB Mayor Pickar reported that a letter had been received from the Launching Pad shortly before the meeting began, in which they stated that they would like to postpone the hearing for the on -sale license for the Launching Pad as it appeared there would be a new owner for the Launching Pad shortly, and that the new owner would then apply for the license. PLANS AND SPECIFICATICUS FOR BONA ROAD EXTENSION Engineer Hubbard presented that plans and specifications for the Bona Road extension, Project 1977 which were prepared by Banister -Short and reported that a problem with the storm sewer had been discovered just that afternoon which would require more study. The problem was that the storm sewers presently in existence are believed to be already over capacity and that a new development would burden them even more. The potential problem would be that during heavy rains, the water could back up and go over the tops of the curbs. However, Engineer Hubbard and Banister -Short felt the problem could be solved by putting drainage through between the property lines and running it through the back, where it would eventually meet up with the storm sewer on County Road H2. Administrator Achen asked what was meant by "over capacity Engineer Hubbard replied that Banister -Short had done an analysis of the existing pipes. The existing piping is 27" wide and would not be adequate to meet future needs of a new development. Councilmember Baumgartner asked if the developer of the property was aware of the problem, and Engineer Hubbard replied that he was not, as the problem had just been discovered that afternoon. Councilmember Ziebarth expressed concern with holding the development up for another three weeks, until the next Council meeting, at which time the problem could hopefully be solved. Administrator Achen clarified the situation by explaining the pro's and con's, that the Banister -Short study indicated the pipe was inadequate; however, they did not know the capacity of the pipe at the present time, and that it was an odds game. Banister -Short would not a to come to the Council Meeting and state definitely that the problem could be solved by going through the property lines. John Riggs, developer of the property, expressed his displeasure at the new delay and reminded the Council that he had turned in the grading plans for the area over a month ago end felt that th yr.,i..lemc h uld h ir°.`.,.cd oLt In tie Planning Cem:eIssien, and asked the Council what they wanted him to do next. Engineer Hubbard stated that the grading plan should be reworked and easements would be required. Mr. Riggs replied that the easements had already been planned for in the plat. Administrator Achen suggested that the Council could make a notion, with conditional approval, an-1 that thcy veld have a r.econd chance to work out the problem, when the bids were submitted for approval, and that if the builder did not meet the specifi- cations, it could be turned down at that time. Councilmember Ziebarth asked what the next step would be for the City engineer. Engineer tubbari replied that he would det^riir_e if an overflow ditch would solve the problem and that if the grades would have to be changed, he would go the builder with that informatior. Councilmember Baumgartner rluestioned if the Comprehensive Drain Plan :says that 27" pipe is at capacity now. Engineer Hubbard stated that the plan says it is inadenuate for a three year statement at full development, but that it is not a study that is relative to now. Administrator Achen stated that bid opening dates needed to be set, but that in order to have bids by June 8, in time for the Council to review them by the June 13 Council meeting, the notices would have to go to the newspaper the next day, which would not allow the Engineer ample tiro to solve the problem of drainage. Engineer Hubbard felt the notices should go to the paper as soon as possible, and should be published twice. MSP (Pickar- Hodges) to to conditionally ac�e.pt final plans and specifications for the Bona Road extension, and that Administrator Achen be authorized to advertise for bids upon the builder meeting the conditions of coning to an agreement in accordance with the City Engineer relative to solving water problems, if any, for the Bona Road extension. 5 ayes MSP (Pickax- Ziebarth) to hold a special meeting to consider the Bona Road extension on Monday, June 20 at 7 :30 PM, and for the bids to be opened at 11:00 AM on Thursday, June 16. .5 ayes RELEASE OF TAX FORFEITED LAUDS RESOLUTION !830 Administrator Achen reported that the resolution declares tax forfeited parcels on the west side of Bona Road extended to be non conservation lands as far as the City is concerned, and that this action would allow public sale of the parcels and hope- fully their development and return to the tax rolls. MSP (Hodges Rowley) to approve Resolution the release of tax forfeited lands. 5 ayes NEU TRUNK HIGH'TAY 10 CONSTRUCTIO'7 RESOLUTION 1331 Administrator Achen reported that the resolution responds to Planning Commission recommendation that Council reaffirm its support of the existing residential character of Red Oak Drive north of existing !:I 10, and urges completion of new TH 10, and asks for further study of traffic impacts of various interchange alt rnalives a rV2C� .•:i�t L�.'qt.. e:i 1 .J l In 1 flaunty 9nad J congestion. Jim Ba^.- stron, e'! 0 Rai o Drive expressed none rn +ha+ +ha ntatement mRde in th resolution was not strong enough in discouraging an interchange at tied Oak Drive. He felt that a very definite very finite and strong statement should be made, informing the DOT exactly that the citizens and Council did not want the Red Oak interchange. Mr. Bergstrom also mentioned that he had been told by reliable authorities that trucking fires fron Roseville intend to build in the new industrial park in Spring Lake Park and consequently if the Red Dad: interchange was put in, there would be heavy truckinm traffic in the neighborhood. i;ayor P stated that he felt the resolution said the same as thing the Citizen's Group w trying to a/ different l nay, hest just in different nrortls. i`r. Bergstrom again stated he wanted a stronger statement, but if the Council did feel they were saying the sere thin.- as he :milted, then he would r -o e'en with the:1. .tin rartner thnt until he had examined ether alternatives, he old not feel he could na! :e a -1 hron e- to ter than what was already in the resolu- tion. -7- Councilmember Ziebarth reminded the Council that it was not even certain yet that new TH 10 was even going to be funded, but aleo stated that he did not want old TH 10 updated, and that there would be hearings later to exniore all the issues. Administrator Achen gave the tentative schedule for new TH 10, and stated that the decision to build new TH 10 would not be made until the sunnier of 1978. MSP Ziebarth- Hodges) to approve Resolution ;1831, New Trunk Highway 10 Construc- tion. OLD TRUNK HIGHWAY 10 BITUIBPTOUS OVERLAY R1eS0LUTI0;i -:=832 Engineer Hubbard reported that the State is planning on overlaying 'Highway 10 with a. 1 3/4" overlay from Highway 10 and 47 in Coon Rapids to Highway 10 and 35W in ounds View. The work is scheduled to begin on July 6, 1977 and has a scheduled completion date of 50 days. There is no plan to detour traffic, only one lane will be closed at once. Councilmember Baumgartner questioned what the purpose of the resolution was, and Administrator Achen replied that it is the same Procedure that was followed when the Council approved channelizing TH 10 and County Road H. The State requires a resolution from each municipality involved. Attorney Meyers suggested that this might be a good time to bring up the subject of the signalized interchange on TH 10 between County Road H and County Road H2. Council felt it was a very opportune time to request the signalized interchange. MSP (Baumgartner Ziebarth) to add the following Paragraph to Resolution #832, Old Trunk Highway 10 Bituminous Overlay: Therefore, be it resolved that the Council of the City of Mounds View does hereby express its support in principle of the plans and specifi- cations for the improvement of TH 62, renumbered TH 10, within the cor- porate limits of the City of rounds View and expresses its desire for certain minimal modifications of those plans to allow for construction of a signalized interchange located approximately midway between County Road H and County Road H2, and hereby requests the Minnesota Department of Transportation to .make such modifications. Upon presen- tation of those 'Intl nl a.n an 1 spAni.fi ea.tions, Goland l her?bv expresses its willingness to approve the final plans and specifications for this project. Be it further resolved that the elevations and grades as shown in said plans and special provisions are hereby approved subject to the necessary modifications for a signalized interchange approximately midway between County Road H and County Road H2. with the second paragraph replacing the previous paragraph in the resolution. A rollcall vote was taken: Councilmember Haiees aye Councilmember Baumgartner aye Councilmember Rowley aye Counellrgw per Zie girth aye T'.ayor Pickax aye 5 ayes 5 ayes A j -8- SUBDIVISION OF 3048 COUNTY ROAD H -2 (`IILLARD D. HARD) 0.'^ SINGLE FAMILY RESIDENTIAL LOT INTO T'.10 LOTS Willard Hero has requested to subdivide his lot into two lots. Administrator Achen reported that both lots meet frontage and area requirements. However, the south lot which borders the City of Fridley will be land locked without street paving. The City of Mounds View has an existing 33' road easement with sewer and water services located in it. The Staff has discussed the possibility of a future road with the planner for the City of Fridley but Fridley does not forsee the need or use or a road and is not interested in the joint construction of one. The general area of the south lot has been proposed as a holding pond area in the Cities Report on Water Drainage Facilities. The south lot would be subdivided further into five 87' frontage lots. An interior road system with entrance from Wooddale Drive and County Road HZ would make better use of all land for further development. The Staff has recommended that the issue be tabled until a road system can be devised or approval with the condition that no building permits be issued until landlocked lot road service. Mr. Haro pointed out that his other lot, #39 is already land locked and asked what difference one more land locked lot would make. He explained that he and his wife had applied to have their home refinanced and had submitted their application with the subdivided lot size, and that if it was not approved to subdivide by the Council, they would then have to reapply for their refinancing. Attorney Meyers reported that the City presently owns two of the lots in the area in question and that there had been some discussion on putting in a road. Administrator Achen suggested that the Staff could contact the citizens in the area and find out what interest would be in putting a road in through the area. MSP (Baumgartner Ziebarth) to table request of Willard Hare for subdivision of one residential lot into two lots, at 3048 County Road H2. NSP (Baumgartner- HOdges) to direct staff to examine area in question for possible future roadways in order to facilitate development, and that the staff draw up proposed alternative routes through the area as needed to supply adequate information Administrator Achen questioned how the staff should approach the study, if before at the acme time ov °,fEer the cnmm?nts aro rteei from the citizens- Attorney Meyers felt it should lead up to an informational hearing, and that inquiries should be wade to see if there ers encv gh people Interested_ Councilmember Rowley expressed concern that the Staff might spend a great deal of time working on the study only to find out that there was little or no interest. Administrator Achen stated that it should not involve a great deal of tine, and even it the plan was turned down, at least the comments of the people and tentative plans could at least be put on paper and would be on file. Attorney c:eyers recommended that the City send out postcards, requesting the citizens to fill them out and to indicate their interest in an informational hearinr,. Administrator Achen stated that the ,ostcads could be sent out and received pack in time to be reviewed by the June 13 meeting. 5 ayes 5 ayes -9 BOXING EXHIBITIO.'I JUNE 2, 1977 RESOLUTION 4333 There was brief discussion on resolution 4333, with the only change being made that the date of the fight is June 16, 1977, rather than June 2, 1977. MSP (Pickax- Hodges) to adopt Resolution 033, authorizing Upper Midwest Promotions, Inc, to conduct boxing match on June 16, 1977. AWARDING OF BIDS 11 TON ASPHALT ROLLPAK AND AIR COMPRESSOR /POST DRIVER Engineer Hubbard recommended that the City purchase the post driver /air compressor from Hayden Murphy at a cost of $2,530, which is $125 under budget, and purchase the iA ton roll pac from Hayden Murphy at a cost of $3,495, which is $349 under budget. TISP (Hodges Rowley) to purchase the 14 ton roll pac from Hayden Murphy at a cost of $3,495 and purchase the post driver /air compressor from Hayden Murphy at a cost of $2,530. EMERGENCY PLAN UPDATE RESOLUTION ,'T834 Administrator Achen reported that the State Emergency Preparedness Office requires plans to be updated and that the plan is being prepared basically the same as before but with a bit more detail. There was one significant change in the original document, in that the sirens for the City only cover 25 to 30q of the City, rather than the required 70%. The City however, should be eligible for funds because it has met all the other requirements and paperwork. MSP (Baumgartner- ?iebarth) to adopt resolution 034, the Emergency Plan Update. 5 dyes FY 1978 CIVIL D1Lk t,NSE BUDGET FEDERAL MATCHING FUND REQUEST Administrator Achen reported that the City gets 50% of the divil defense director's salary, who is the City Administrator. Thus, he must again fill out the request for funding for the fiscal year beginning 10/1/77 and must anticipate his salary. MSP (Rowley- Giebarth) that Council authorize the appropriate city official to submit an application to request fiscal year 1978 civil defense matching funds. 5 ayes PERSONNEL OVERTIME PAY ORDINANCE AND SUMER FOUR DAY WORK SCHEDULE POLICY Administrator Achen reported that the ordinance revises overtime pay provisions to allow 4-day/40-hour work week without payment of overtime. Minnesota law only requires overtime payment for hours worked in excess of 48 hours a week. Labor consultants have indicated that there are no legal obstacles to experimenting with the four day work schedule. The plan would be to inclement a 4 day work schedule for administrative clerical staff while maintaining a 5 day public service schedule. Such schedule shall be for the summer months only. Counci" :ember Baur ;a_ finer expressed concern that there mipcht bs proble,ns with emplo; later filing claim for overtime for working more than an 8 hour day. Attorney I stated that it was a Federal law that stipulated overtime and that the C' ty was covered udder the State law. 5 ayes .5 ayes h!SP (Pickax- Hodges) to adopt Ordinance 1/264, amending municipal code chapta_ 6.32 subdivision 4 entitled Personnel, Compensation, Overtime Pay. MSP Ziebarth- Rowley) to authorize City Administrator to implement 4 day work weak for administrative clerical staff on a trial basis beginning on June 6 and ending August 26, with the authorization given to the City Administrator to terminate the program at his discretion. ENGINEER HUBBARD' S REPORT Engineer Hubbard had no report. -10- ADMINISTRATOR ACHEN' S REPORT Administrator Achen reported that the June 6th agenda session conflicts with high school graduation ceremonies. MSP (Pickax- Rowley) to cancel agenda meeting scheduled for June 6 and reschedule agenda meeting for 6:30 PM on J une 13. Administrator Achen requested that councilmembers inform him of their vacation plans for the summer so that he may keep track of who will be out of town when. ATTORNEY MEYER'S REPORT Attorney Meyers reported that Sunday versus Mounds View will have a preliminary hear- ing on June 6 and ;he City is not involved in the lawsuit except if a judgement is ruled against the policemert involved. Attorney Meyers did not recommend that the City make any offer. The jury trial is set for June 13. COLNCILI•IEMBER HODGES REPORT Councilmember Hodges reported that he had received a letter from a resident of County Road J, inviting him to come out and listen to the noise and watch the traffic on J. COi,NCILlf MBER RAUMGARINER' S REPORT Councilmember Baumgartner had no report. COUNCILMEMBER R0'ILEY' S REPORT Councilmember Rowley had no report. COT TCIU EM3ER ZI BARTH' S REPORT Council-genber Ziebarth reported that the I•:etro Advisory Committee is looking at the system statements and will send a plan back and look at those which concern the City, i.e., the airport. MAYOR FICKAR'S REPORT Mayor Pickar had no report. MSP (Baumgartner-Ziebarth) to adjourn the meeting at 11:50 PM. Respectfully submitted, 71 Mat Achen Clerk-Administrator 5 ayes