HomeMy WebLinkAboutMinutes - 1977/06/27Mayor Pickar
Councilmember Baumgartner
Councilmember Rowley
Councilmember Ziebarth
Councilmember Hodges
MSP (Baumgartner- Hodges)
meeting.
MSP (Rowley Ziebarth) to
1977 special meetings.
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
Pickar at 7:30 PM on June 27, 1977 at the Mounds View City Hall, 2401 Highway 10,
Mounds View, Minnesota 55112.
Members Present: Also Present:
Clerk- Administrator Achen
Attorney Meyers
Engineer Hubbard
to approve the minutes of the June 13, 1977 Council
approve the minutes of the June 20, 1977 and June 22,
CITIZENS COMMENTS AND REQUESTS
Joseph Farweller, 7959 Sunnyside Road addressed the Council and stated that he needed
a one foot variance on his property which he was subdividing and would be building a
home on. There appeared to be a problem in that the Planning Commission was not
certain if it would be meeting during the month of July and he could not wait until
August to get the go ahead for construction, since he was working against an Octo-
ber 1 completion date.
Administrator Achen stated that the Planning Commission was not certain at this time
if they would be meeting in July since there were a number of conflicts with vaca-
tions and they most likely would not have a quarem present.
Mr. Farweller asked why there were not alternates to the Planning Commission so as
to avoid problems of his nature, with a meeting not being held.
Attorney Meyers replied that the law does not allow alternates. He stated that
Mr. Farweller would need two permits for the lot he intended to build on and ques-
tioned if Mr. Farweller had the deed recorded.
Mr. Farweller replied that he did not have the deed recorded, and Attorney Meyer
recommended that he get it recorded.
5 ayes
5 ayes
Administrator Achen recommended that the Council notify the Planning Commission that
if they don't meet in July, the Council would be willing to review the matter.
Mayor Pickar stated that if the Planning Commission did not meet in July, the Council
would be willing to handle the matter at the July 25 Council meeting.
Administrator Achen recommended that the Council contact the Planning Commission before
rNis the July 11 Council meeting, and if at that time, the Planning Commission did not plan
to meet in July, the Council could put the matter on the agenda for July 11.
Mayor Pickar polled the Council members for their input.
Councilmember Baumgarter stated that the people on the Planning Commission should be
contacted and that they should be asked to be at the July 13 meeting, and that if
they do not meet, that the Council could discuss it on July 11.
Councilmember Rowley stated she felt the same as Councilmember Baumgartner and also
stated that she felt there may be several instances occuring during the month of
July such as this one, if the Planning Commission did not meet.
Councilmember Ziebarth stated he felt that if the Planning Commission could not meet
at their regularly scheduled time, that they should schedule the meeting for another
time, as he preferred the Planning Commission look at the matter before the Council.
Councilmember Hodges stated that if the Planning Commission was not going to meet
on July 13, he would be willing to discuss the issue on July 11.
Mayor Pickar stated that he was also willing to discuss the matter on July 11 if the
Planning Commission did not meet in July.
David Notaro, 2749 Arden Avenue NE expressed his feeling o) .,rave concern to the Coun-
cil over the water he had viewed the night before during the storm. he stated that
there were walls of water going between the houses in his neighborhood and that the
water was so forceful that it broke two doors on his neighbor's home. His own yard
was completely covered with water, which did not drain off until later the next
afternoon
-2-
He stated that he was so shocked by the water that he called Councilmember Ziebarth
at 3 AM and asked him to come over and look at the situation, and that Councilmember
Ziebarth graciously did come over and witness the problem.
Mr. Notaro stated that as a home owner he is scared of what could happen in the future,
with another good storm.
Mayor Pickar stated that the City of Mounds View has a very limited drain sewer system.
Meetings were held in 1975, which way a very wet year, because the same problem arose
then. As a result of the problem and the meetings, the City of Mounds View requested
that a storm drainage study be done by Bannister Short. The study took one year to
be completed and was a very comprehensive report. The project was quoted at
$4.5 million at that time, plus land acquisition. Hearings were then held on the
proposed system, but by that time it was very dry again and very little interest
was expressed in the project. Thus, it was then tabled.
Mayor Pickar stated that at that time many citizens put in drain tile and that the
tax payers were not receptive to the expense of putting a system in.
Administrator Achen reported that when the problem occurred in 1975, the Council
appropriated funds from Revenue Sharing and put in extra curbing and a collar in the
problem area. The area in question is the lowest area around and the water is
forced out of the lowest area, which is why the collar was put in.
Mayor Pickar reported that the long -range plan is to devert the water to the Scotland
Green basin. The solution to the problem is not simple and the problem cannot be
solved quickly.
Councilmember Baumgartner questioned if there was any sand or debris in the pipes
that would have caused the water to accumulate and not go through the pipes.
Engineer Hubbard replied that he had checked the pipes but did not see any evidence
of blockage.
Mr. Notaro stated that the water did not drain out of his yard until the collar was
removed and asked if it was possible that the collar could be made to serve a
double purpose, to allow the water to go back into the drain, as well as keep it
out.
Administrator Achen replied that it may be possible but that it would not elleviate
the problem, and that in 1975 there had been water to the doors and steps.
Councilmember Hodges questioned if the road was that low. Engineer Hubbard replied
that the road is low and that the water came out of the catch basins into the street.
The curbs were supposed to have been able to handle the water, but there was too much
rain at once.
Councilmember Hodges asked if it would be possible to connect the drain with one of
the major lines.
Engineer Hubbard replied that the other systems in the area were also too small to
handle the drain being run into it.
Councilmember Baumgartner stated that the only solution would be to implement the
plan for $4.3 million, plus the additional costs of land acquisition and inflation
since the quote was made two years ago.
Councilmember Rowley stated that the public interest was low during a dry season, and
consequently it had been difficult for the City to put through any plan. She suggested
that if anyone comes up with any ideas that they would be more than welcome to contact
the City Engineer with their suggestion.
Councilmember Ziebarth questioned if there was a place upstream where the water could
be backed up to prevent such problems. Engineer Hubbard replied that Groveland Park
was a possibility. However, it would then present problems for the people living in
that area, and thus would just be moving the problem from one area to another.
Councilmember Ziebarth stated that the back yards could take some of the water but
they would not be able to handle all of it.
Mr. Notaro asked what the status was of the Comprehensive Plan.
that it had been accepted by the City without any recommendatio
Mayor Pickar at this time asked that the Council advance to the
had been scheduled, in order to keep as close to the time table
then recessed the regular meeting and opened the public hearing.
Mayor Pickar replied
ns.
public hearings which
as possible. He
-4-
PUBLIC HEARING FOR ON -SALE INTOXICATING LIQUOR LICENSE RENEWAL FOR ALBERT HARTINGER,
LAUNCHING PAD SUPPER CLUB
Staff reports from the police chief, fire chief, building and zoning officials and
the electrical inspector were compiled and the staff came up with the following
list of recommended physical improvements that the Council might wish to require
of the applicant:
(a) Construct alcove addition on back door to reduce noise from open
door (estimated cost: $1,000)
(b) Clearly mark parking lanes in parking lot (estimated cost: $500)
(c) Upgrade air conditioning /ventilation systems to reduce need for open
exterior doors (estimated cost: Unknown)
(d) Install basement fire protection sprinkling system to meet state code
(estimated cost: $6,500 to $8,500)
(e) Remodel second basement exit for public emergency use as required by
state code (estimated cost: $3,000 to #5,000)
(f) Screen outdoor storage and trash receptacles (estimated cost: $500)
(g) Install parking curb stops or islands to discourage drive through
shortcut traffic from TH 10 to County Road H -2 (estimated cost: $1,000)
The staff recommended that improvements (a), (b), (e) and (f) be completed within
3 to 4 months and the other improvements within 9 to 12 months.
Richard Diamond presented himself as the lawyer for Al Hartinger and stated that he
would answer questions for Mr. Hartinger. He gave a background and stated that
Mr. Hartinger had been operating the Launching Pad since June of 1972 and that he
employees approximately 40 people, both full and part time.
Mr. Diamond acknowledged that there had been problems in the past, i.e., liquor
violations, employee problems, inspections, etc. but that all the problems were
being dealt with. He stated that he had just received the list of physical improve-
ments recommended by the Staff and that he hadn't had a chance to cover them yet in
detail but that Mr. Hartinger was willing to go along with the City, and had contacted
air conditioning people and parking lot people for estimates.
Mr. Diamond reported that the Council should be aware that any problems in the
administration of the Launching Pad had been cleared up and that there had been a
big turnover in employees, and that the operation had been changed in the downstairs
bar. It now has live music only three nights a week, and is a disco the other nights.
Mr. Diamond stated that there had been an attempt made to sell the Launching Pad
recently, which did not go through, which is why the hearing originally scheduled for
May 20 had been cancelled.
Mayor Pickar stated that the Council was looking for an in -depth reply to the violations
listed for the Launching Pad.
Mr. Diamond acknowledged that the Launching Pad had had a surprise check two or three
months earlier by the State Liquor Control, due to complaints being made that the
bottles of liquor were being watered down. Mr. Diamond stated that one bottle had been
confiscated and found to be watered down. However, the instance occurred at a time
when there was a large turnover of employees. Mr. Diamond since then spoke to both
the State and Federal Liquor Control officials and they did not have any other com-
plaints or findings. The Launching Pad agreed to a suspension, which ran for five
5
days and cost Mr. Hartinger thousands of dollars in lost business.
Attorney Meyers stated that he had a report in front of him of a call received on
the Launching Pad in which the caller stated that every Monday morning Al Hartinger
took name brand liquor bottles and poured bar whiskey into them. Attorney Meyers
said that that was the type of report the City had received on the Launching Pad.
Attorney Meyers also mentioned the numerous violations that have occurred at the
Launching Pad, such as closed doors, electrical problems, etc., and stated that
there were enough facts involved that the City would like to know why Mr. Hartinger
felt he should be issued a liquor license, and reminded everyone that it was the
City's responsibility to control the bars and what goes on in them. He also revealed
that Mr. Hartinger had contacted him earlier at the time of the federal suspension
and asked if the City would invoke a further suspension.
Mr. Diamond replied that it is difficult for anyone to stay on top of all situations
on a day to day basis, and that the Launching Pad appreciates knowing what the City
thinks and how they feel and knowing what the complaints are.
Attorney Meyers stated that he did not feel Mr. hartinger was taking the whole issue
seriously.
Mr. Diamond replied that the difficults of the past had been taken care of and that
the new bouncers at the Launching Pad were now called doormen, and that the Launching
Pad was taking the Council seriously.
Councilmember Baumgartner read from a report he had from Agent Roberts who was involved
in the inspection at the Launching Pad. The report stated that two bottles confiscated
from the Launching Pad had been found to be in violation, that one was only 78 proof
and the other only 82 proof, and that both should have been 86 proof, contradicting
Mr. Diamond's statement that only one bottle had been removed and found in violation.
Mayor Pickar asked what steps had been taken by Mr. Hartinger to change the crowd that
frequented the Launching Pad.
Mr. Diamond replied that the disco had been put into effect, which had changed the
crowd, and that it was generally the younger, more unruley people who preferred live
bands, which the disco cut down on. Also, the floor manager had changed his attitude
for the better. However, Mr. Diamond stated that the crowd could not be changed over-
night but that they were working on it.
Mayor Pickar questioned the assault charge on the Launching Pad. Attorney Meyers
replied that the police department had prepared a report on the charges, and that
a gun had been taken from a customer by an employee of the Launching Pad but was not
turned over to the police until they requested it from the Launching Pad.
Attorney Meyers stated that there had been 134 radio calls to the Launching Pad since
January 1977, of which 17 were for noise, 2 were for assault in January, 1 was for
assault in April, and numerous vandalism incidents. Attorney Meyers also pointed out
the condition of the Launching Pad parking lot when driving by in the morning, all
strewn with litter from the night before which had not been cleaned up.
Ronald Fagerstrom, 7408 Silver Lake Road, identified himself as the fire chief and
stated that he had inspected the Launching Pad recently on a Saturday night at 9 PM,
unannounced, and found several violations. The back door was locked on the main
level and the back door on the lower level was also locked. Mr. Fk rtinger did not
even have the key to open the door in his possession and had to drive home to get the
s"
6-
and then return to the Launching Pad in order to open the door for the fire chief.
Mr. Fagerstrom pointed out the strict rules which were enforced elsewhere, such as
at the Mounds View Shopping Center, regarding the number of doors and fire exits.
However, at the Launching Pad it was necessary for patrons to go through a storeage
area, then through the kitchen, before reaching the rear exit in case of an emergency.
Mr. Fagerstrom recommended that a sprinkler system be put in to insure the safety of
the patrons. He also suggested that if a liquor license was issued to the Launching
Pad that several stipulations should be made regarding improvements.
Attorney Meyers stated that Mr. Hartinger was not the original owner of the building
and did not want to put the improvements in himself, and that the owner did not want
to put them in either.
Mr. Fagerstrom outlined the escape route o!.t of the lower level. Patrons must go
through a store room, up a flight of stairs, through the kitchen and cooler before
reaching the locked door.
Councilmember Baumgartner questioned if this was a permissible fire exit. Mr. Fagerstrom
replied that it was not
Mayor Pickar stated that he did not feel the Council had received agreement from
Mr. Hartinger yet cn any of the items the staff had recommended.
Mr. Diamond replied that he did not see any problem in accomplishing item (a) within
3 to 4 months, and that it would be done at the same time as item (e). Item (b) could
be done very quickly. Item (c) was not clear because Mr. Diamond was not certain of
what was meant by air conditioning or ventilation problems.
Administrator Achen replied that there had been numerous complaints on the back doors
being opened and the Staff felt that perhaps they were being opened because it was
too warm inside. Mr. Diamond replied that they would have someone out right away
to look at the situation.
Mr. Diamond stated that there was difficulty with items (d) and (e) as the owner did
not want to pay for the improvements, and also they felt that the improvements might
cost more than the estimates the staff listed. However, they would be willing to
see that the improvements were made, whether the owner paid for them or Mr. Hartinger.
Items (f) and (g) could be accomplished without any problem.
Mayor Pickar polled the Council members for their feelings.
Councilmember Baumgartner stated that all his questions had been answered during the
course of the discussion.
Councilmember Rowley stated that the back door had been questioned several times and
that several violations had been made by the Launching Pad, and she wondered what, if
anything, had been done about these problems?
Mr. Hartinger replied that there had been a problem with the back door one weekend and
that it was a battery operated door and that the battery had gone out. Once the
patrons knew this, they were able to use the door and kept opening it. The alcove door
is kept open for fire purposes and that drafts open it further. A panic bar was ordered
from 3M but was postponed when it looked like the Launching Pad would be sold, but now
that the sale did not go through, the bar was scheduled to be installed by 3M within
the next week.
Councilmember Rowley stated she was very concerned with the safety hazards involved_
-7-
Councilmember Ziebarth asked Mr. Diamond if he was willing to make the improvements
based on the Council's requirements, i.e., sprinkling system and fire exits, and to
talk to the owner about the improvements.
Mr. Diamond replied that he would have to check with the owner but that he would
assure the Council that the improvements would be made.
Councilmember Ziebarth asked if there was still a problem with the electrical
wiring. Administrator Achen replied that the deficiencies noted earlier had been
corrected.
Councilmember Ziebarth pointed out that from February 1976 to February 1977, 40
violations had been noted in the parkin Blot, and that the year 1977 as a whole
appeared that it would be worse than 1976.
Mr. Diamond responded by saying that the new bouncers were patrolling the parking
lot as their time permitted. The program was implemented in February or March and
seems to have helped some.
Councilmember Ziebarth asked how many violations had occurred since February 1977.
Mr. Diamond replied that there were not figures available but that the patrolling
of the lot had seemed to help.
Councilmember Ziebarth asked what type of drastic change in the operation had
occurred in the past six months. Mr. Diamond replied that the problem with the
bouncers, i.e., too many assaults, had been dealt with. Also, there had been
difficulty with a key employee who was no longer with the Launching Pad.
Councilmember Ziebarth pointed out that Mr. Diamond said the parking lot would
be marked quickly. However, the Launching Pad had earlier agreed to have the
parking lot marked but it had not been done. Mr. Diamond replied that the lines
had been repainted in the parking lot two years ago.
Councilmember Ziebarth also pointed out that if the customers continued to park
the way they have been, emergency vehicles such as fire trucks would not be able
to get through the lot at all. Mr. Diamond suggested that the action required in
item (g) could be tied in to control the parking of the customers.
Councilmember Hodges reported that he was concerned with the seriousness of the
problems at the Launching Pad and the numerous times the Council has had to face
the situation, and that the Launching Pad should live up to its expectations.
Mayor Pickar stated that the Council has two choices available, to either issue
the license or not issue the license. If the license is issued, he wants to
insure that the promises are kept.
Attorney Meyers stated that the Council had asked if a temporary license could be
issued. He recommended against it since licenses are supposed to be annual. How-
ever, the Council did have four options available. They could (1) reissue the
license and hope the improvements did get done, (2) not reissue the license, (3)
not reissue the license until all the requirements were met, which could apply not
only to the Launching Pad but to any establishment, or (4) issue the license and
enter into a contract with a cash bond of approximately $20,000. A stipulation
of the contract would be that the Launching Pad would not be able to question or
fight any part of the contract after it was signed.
A rollcall vote was taken:
-8-
Councilmember Baumgartner stated that improvements had been talked about throughout
the years and that he had always been given the impression that the present owner,
Mr. Hartinger, could not make improvements without the permission of the previous
owner.
Mr. Diamond stated that Mr. Hartinger did not have to have permission from the
previous owner to make improvements. Mr. Hartinger, however, stated that he did
need permission from the previous owner for any major improvements. However, he did
not see how the previous owner could object to any improvements that would upgrade the
building, if he, Mr. Hartinger, paid for t -em.
Mr. Diamond stated that he would be willing to report back to the Council on the
question of permission from the previous owner for improvements, and that he would
be willing to take the risk of receiving Council approval on the liquor license
and seeing that the improvements were made.
Councilmember Rowley stated that she was concerned with the basement fire exit
situation and asked if a license could be granted for just the upstairs portion of
the Launching Pad, until the basement was taken care of.
Attorney Meyers replied that the Council could approve the upstairs only.
Councilmember Ziebarth asked that Mr. Hartinger clarify who is actually in charge of
the Launching Pad. The application for the license originally came to the City with
two names on it and he wanted to know who's name would be on the liquor license if
one was issued.
Mr. Diamond replied that the license was requested in the name of Al Hartinger. The
Launching Pad is a corporation but Al Hartinger is the major shareholder.
MSP (Pickar- Hodges) to issue a license to Al Hartinger for the Launching Pad under
the following conditions, that (1) the lower level of the Launching Pad be closed
until the improvements listed, items (d) and (e) were completed, and (2) that the
balance of the items be completed in the time frame suggested by the Staff, and that
(3) a bond be left with the City in the amount of $20,000 to insure completeness of
the work being done.
Councilmember Baumgartner nay
Councilmember Rowley aye
Councilmember Ziebarth nay
Councilmember Hodges aye
Mayor Pickar aye
Councilmember Baumgartner stated that he had heard the same presentation by various
representatives of the Launching Pad three or four times before but that no im-
provements had been made. He did not feel the City should have to tie itself up
in a bond with someone for a liquor license.
Attorney Meyers asked what the City wanted the effective date of the license to be.
Administrator Achen replied that the present license expires on June 30, so the
new license would have to go into effect on July 1.
Councilmember Ziebarth explained that he had the same reasons for voting nay as did
Councilmember Baumgartner, that past promises had not been lived up to.
3 ayes,
2 nayes
we'
-9-
Mayor Pickar at this time adjourned the public hearing, and Attorney Meyers left
the meeting.
APPROVAL OF THE CONSENT AGENDA
MSP Pickar- Ziebarth) to approve the consent agenda as follows:
5 ayes
ITEM A. Adopt Resolution No 840 authorizing the Metropolitan Council
Housing and Redevelopment Authority to apply for rehabilitation
grant funds for implementation of home improvement grant
programs within the City of Mounds View. The preliminary
allocation of these funds to the City is $6,897 which will
be available in 1978 for home improvement grants to be
award to City homeowners.
ITEM B. Authorize Mayor and Clerk to execute a satisfaction of real
estate mortgage document acknowledging payment in full of
the Programmed Land, Inc park fund dedication obligation.
Programmed Land paid a dedication of $8,500 spread over
the past three years by an indenture agreement.
ITEM C. Authorize Mayor to execute the CETA project subgrantge
agreement with the Ramsey County Manpower Planning Office_
The agreement provides CETA funding for two full -time
administrative interns to assist in preparation of the
City's long -range capital improvement program, utility
rate study, and similar projects for a maximum of nine
months.
ITEM D. Appoint Karen Strate as a summer, part -time Recreation
Leader I (playground program) to be paid $2.90 per hour.
ITEM E. Appoint Marilyn Lidberg as Administrative Secretary
(police department) effective July 11, 1977, to be paid
$4.30 per hour.
ITEM F. Authorize Mayor and Clerk to execute an Agreement with
the Minnesota Department of Agriculture for receipt of
grant monies for shade tree sanitation and reforestation
programs. Tit City is :.ligibte tor up to in s
grant funds for its 1977 programs. The actual amount of
the grant will depend upon available state funds.
ITEM G. Approve the minor subdivision request of Ronald W Fagerstrom
to combine two lots of 132 foot and 50 foot frontages at
7408 Silver La..'._? Road and I su'oitz_. :ode into two rfrIFAI, 1m
of 91 foot frontage for single family residences.
T'(,'^,M T. Approve as recommend- hi.
th..' Planning n mm c .Vi
iGion (no
R
1977) the minor subdivision request of George Payne to create
two 1ot-9 from property lnr.,rcd _,i_ P400 Long Lakc Road_
The west lot fronting Greenwood Road shall be 102.5 feet
wide and 195 feet deep. The east lot fronting Long Lake
Road shall he 1(12.5 fe.?t ':,iclo, 149.25 ft et deep on the north
lot line, 201.44 feet deep on the south lot line. Five
foot easem shall he dedicated on the rear lot line of
each Jot for utility and drainage purroSes_
ITEM I. Approve as recommended by the Planning Commission (June A,
1977) the minor subdivision request of Antho:ly Saldana to
combine property located at 7800 Bonn; Road with 20 feet
of the lot property located immediately to the north and
granting a 2.5 foot variance of the minimum frontage require
menu for the new lot which shall be 82.5 feet wide by 132
feet deep.
ITEM J. Approve as recommended by the Planning Commission (June 8,
1977) the minor subdivision request of Eugene Buck to com-
bine property located at 2940 Woodale Drive with the east
ten feet of 2932 Woodale Drive. The new combined lot (2940
Woodale) shall be 134.44 feet wide.
ITEM K. Approve as recommended by the Planning Commission (June 8,
1977) the minor subdivision request of David Jahnke to
create two lots from property located at 8428 Eastwood Road_
The east lot fronting Eastwood Road shall be 127.8 feet
wide by 269.5 feet deep; an additional five feet of road
easement shall be dedicated on the east lot line. The
west lot, fronting Sunnyside Road shall be 117.5 feet wide
by 234.15 feet deep. Five foot easements shall be dedicated
on the rear line of each lot for utility and drainage pur-
poses.
ITEM L.
ITEM M.
ITEM N.
Postpone regular Council agenda session on July 4, 1977 to
7:00 PM on Tuesday, July 5, 1977.
Approve bills for payment for June 27, 1977
Approve the following licenses:
CONTRACTORS expire 6/30/78
Harstad -Todd
2200 Silver Lake Road
New Brighton, MN 55112
MN Package Products
6922 North 55 Street
North St Paul, MN 55109
Briar Homes, Inc
7691 Old Central Avenue
Fridley, MN 55432
D W Harstad Co
7101 Highway 65 NE
Fridley, MN 55432
Bob Carlson Homes
8419 Center Drive
Minneapolis, MN 55432
(General renewal)
Ives Boisvert
11044 Fourth Street
Blaine, MN 55434
G -P Construction
1624 Concordia Avenue
`if' Paul,
Kootenia Builders
1580 Rockstone Lane
New Brighton, MN 55112
President Hones
Division of Harvey Builders
4808 N Lilac Drive
Minneapolis, MN 55429
Western Construction
6950 Wayzata Boulevard
Minneapolis, MN 55 426
Lyn /Dale Homes
1458 Yankee Doodle Road
Eagen MN 55121
Benson -Orth Associates
5851 Duluth Street
Minneapolis, MN 55422
R Tkaczik Construction
12315 Gladiola
Coon Rapids, MN 55433
Sussel Company.
1850 Como Avenue
St Paul, :;N -151C8
GARJAC, Inc
No Highway 65
Cambridge, MN
Gill Hummel
8729 Central Avenue NE
Blaine, MN 55434
MN Exteriors, Inc
295 Highway 55
Hamel, MN 55340
Heating renewal
Suburban Heating Air
2050 White Bear Avenue
St Paul, MN 55109
Golden Valley Air
5182 West Broadway
Crystal, MN 55429
Suburban Air
8419 Center Drive
Minneapolis, MN 55432
Rum River Plumbing Heating
5516 Industry Avenue NW
Anoka, MN 55303
Mill City Heating Air
13005B N 16 Avenue
Minneapolis, MN 55441
Neil Hubbard Heating Air
99 North Snelling
St Paul, MN 55104
Advance Construction
2227 University Avenue
St Paul,_ MN 95174
Carl Bolander Sons
2933 Pleasant Avenue 5
Minneapolis, MN 55408
General new
Dynamic Developers
2233 West County Road B
Roseville, MN 55113
Sunrise Creations
1202 Foshay Tower
Minneapolis, MW 55402
Unique Design Contractors
251 Gramsie Road
St Paul, MN 55112
Wayne P Johnson
4556 Tyler Street NE
Minneapolis, MN 55421
Donald A Michels Sons
2787 Dellwood Avenue
Roseville, MN 55113
Masonry renewal (cont)
Norsk Concrete Construction
4650 Johnson St NE
Minneapolis, MN 55421
Asphalt renewal
l
Unite: .:sp's�•x,,t Co
7925 Beech Street NE
Fridley, MN 55432
Carl B Anderson Blacktopping
Route 3 Box 230
North Branch, MN 55056
Lino Lakes Blacktopping
502 Lilac Street
Lino Lakes, MN 55014
Asphalt Driveway Co
1211 E Highway 36
St Paul: MN 55109
Central. Allied Blacktopping
10250 xy1 itP St NE
Minneapolis, MN 55434
Lyn /Dale Homes
1458 Yankee Doodle Road
Eagan, MN 55121
Coin Mate
2701 Douglas Drive
Minneapolis,' MN 55422
Blaine Heating Air
10301 University Avenue NE
Blaine, MN 55434
Air Comfort, Inc
3944 Louisiana Circle
St Louis Park, MN 55426
Bill's Sheet Metal (NEW)
7991 Spring Lake Road
Spring Lake Park, MN 55432
Frank's Heating Air
3107 California St
Minneapolis, MN 55418
Dependable Heating s Ti_
14123 Prairie Road NW
Anoka, MN 55303
Northeast Sheet Metal
4347 Central Avenue
Minneapolis, MN 55421
Ray N Welter Heating
4637 Chicago Avenue
Minneapolis, MN 55407
Masonry renewal
Don Zebra Cement
4017 Pensod Lane
Minneapolis, MN 55'!21.
Ted Golla Cement
1934 Minnehaha E
St Paul, MN 55119
Englert Cement
7948 Douglas Drive
Rrnnklyn Park, MN 55443
Sewer Water Excavating renewal
Schulze Excavating
2925 NE 166 Lane
Anoka, MN 55303
Olson's Plumbing
906 NE 40 Avenue
Minneapolis, MN 55421
Brighton, Excavating
1920 Highway 96
New Brighton, MN 55112
Maplewood Sewer Water
1909 Clarence
Maplewood, MN 55109
Sign renewal
Gold Medal Beverage Co
553 N Fairview Avenue
St Paul, MY 55104
Western Outdoor Advertising Co
4000 Grant Stl
Omaha, NB 68111
Movers renewal
Dale Movers
7816 Central Avenue NE
Minneapolis, MN 55432
Fence renewal
Able Fence, Inc
229 Sherburne Avenue
St Paul, MN 55103
Softeners renewal
Culligan Water Conditioning
100 South 10 Avenue
South St Paul, MN 55075
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Mayor Pickar recessed the regular meeting and opened the public hearing.
PUBLIC HEARING ON INTERSTATE 35W NOISE BARRIERS
Administrator Achen explained that the purpose of the public hearing was to review
the plans and specifications for noise barriers along I -35W in Mounds View.
Gary Orlich introduced himself as the representative from Mn /DOT and explained
that there were two problems with the proposed noise barrier, one being that the
soil in the proposed area was very poor so that it must be excavated and filled
in to get enough stability for the panels. The other problem was that landscaping
had been requested but in one area there was not enough room to put landscaping
in. However, he did suggest an alternative of planting vines but said he could
not guarantee their growth 100 percent.
Jerry Pittman, 5379 Raymond Avenue stated that he had not received a letter regarding
the public hearing. Administrator Achen apologized and said that the letters had
just been sent to those it was legally required to go to.
Mr. Pittman expressed displeasure at not having landscaping. Mr. Orlich replied that
it was just not possible to fit shrubbery in but that the vines had been used in
other areas and that it was felt to be a workable solution to the problem. He also
stated that there was a two year maintenance program that went along with the barrier,
which should insure the growth of the vines.
Bill Buckingham, 5220 Greenfield asked if the basic concept of the barrier had been
okayed.
Mayor Picker replied that the barrier was approved in concept at the first hearing
on the matter.
Mr. Buckingham asked the source of funding, and Mr. Orlich replied that the project
was 90 percent federally funded and 10 percent state funded and that the only cost
to the City would be the maintenance of the area on the residential side of the
fence, i.e., mowing, picking up litter and so forth, after the two year maintenance
contract was up. He also stated that mulch would be used as much as possible, there-
by cutting down the required maintenance.
Mr. Buckingham asked if the residents of the area had been surveyed and how far back
from the fence residents would be affected.
Councilmember Baumgartner replied that they surveyed the houses going three in. Mr.
Orlich stated that th°•• had tried to get the opinions of th p who would most
benefit from the barrier and anyone who would be disadvantaged by the barrier.
Mr. Buckingham stated that he did not like barriers and asked if it was possible to
come up with some type of vegetation barrier, such as fir trees or something else
that could accomplish the same thing.
Mr. Orlich replied that it was personal preference as to the appearance of the barrier
and stated that there were two choices available, either a wooden barrier or concrete
barrier. A concrete barrier had been put up in New Brighton, at the request of the
New Brighton City Council and there had been some adverse reaction to the appearance
of the concrete barrier, but that the wcoden barriers seemed to be quite well accepted.
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In reference to Mr. Buckinghan's question regarding a vegetation barrier, Mr. Orlich
said it would be virtually impossible to have a vegetation barrier in Minnesota and
explained that a mass is required for energy loss and would necessitate 32 lbs. per
square foot, and that trees could not be planted that close together in Minnesota,
although it was accomplished in Florida.
Craig Herrington, 2076 Terrace Drive asked what the cost of the wall would be. Mr
Orlich replied that the cost would be approximately $5 per square foot, with a total
cost for the whole project of approximately $250,000, which would include material,
labor, landscaping and maintenance.
Mr. Pittman asked how much sound would be stopped for Raymond Avenue. Mr. Orlich
replied that Raymond Avenue is higher than the surrounding area so that while the
tire noise would be cut, the truck noise would not be lessened a great deal.
Dale Schobu identified himself as a resident of the trailer park and stated that he
would definitely benefit from the noise barrier, as well as all his neighbors in the
trailer park. He stated that while he did not plan to be a permanent resident of
the trailer park, that whoever bought his trailer from him would also benefit from
the barrier.
Mr. Buckingham asked how many people were in favor of the barrier.
Mayor Pickar replied that both the trailer parks were in favor of it, and that 16
homes were surveyed, of which 8 were in favor of it, 4 were against it, and 4 did
not respond or were not available for questioning.
Mary Lou Pittman, 5379 Raymond stated that she felt if the noise barrier were put up,
it would box in the people in the trailer parks and cut off their air circulation.
Mr. Orlich replied that concern had been expressed for the trailer park residents,
who would be most affected by the barrier so two meetings had been held previously
and he had taken copies of the plans to the trailer parks for the residents to
examine. He also stated that the noise level would be lowered approximately 10
decibles, which Councilmember Ziebarth pointed out would cut the noise level almost
in half.
Mr. Orlich stated that the noise level improvement would decrease as a person travelled
away from the barrier, but that neighborhood noise also had to be taken into consi-
deration and that absolute quiet could not be achieved. He also stated that the
reason the barrier was being put up was that it had been ordered by the Minnesota
Legislature, and that the Mounds View location was selected as it was found to be
one of the areas that needed it most. The noise level there is presently in the
mid -70 deci bl a level and the barrier would lower it to the mid-60's.
Mr. Buckingham asked the feasibility of putting down a layer of asphalt to cut the
noise. Mr. Orlich replied that testing had been done across the country and the
most the noise level dropped was two to three decibles, and that while the noise
seemed to lessen to those riding in a car on the asphalt, it actually did not lesse
the outside noise. Additional research is being done with the asphalt, but it does
not stay down on concrete, especially in Minnesota.
Mayor Pickar asked what the feasibility was of transparent walls.
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Mr. Orlich replied that plexiglass is much more expensive and that it is also coated
with a film that can be scratched and cause it to cloud up. Mn /DOT is presently
testing panels from DuPont which are supposed to be improved and more scratch
resistent. A decision will be made next Spring as to their worthiness. Also, if
plexiglass barriers were put up, it would require maintenance people to wash them.
Mr. Orlich reported that Mn /DOT had spoken to MTC regarding their plexiglass bus
shelters and that MTC was experiencing problems in the upkeep of the plexiglass.
Marge Archer of Raymond Avenue said she realized the village had grown but she did
not want to feel boxed in by having a wall put up.
Councilmember Baumgartner asked Mrs. Archer if she objected to the view, or the cost
or what? The wall was to be the height of the trailers and thus would not block the
view of anyone from Raymond Avenue.
Gail Higgins of Terrace Drive said that all the residents of Mounds View pay taxes and
that Mounds View in return receives funds from the federal government based on the
taxes paid by the Mounds View residents, and thus she felt the tax payers of the
trailer park should have just as much say in the decision of the barrier as any other
resident of Mounds View, whether they live in a trailer or a house.
Councilmember Rowley stated that her questions had been answered during the discussion
and that while she appreciated the concern of the people on Raymond Avenue, she
believed that if they could see over the trailer homes presently, they would not have
a problem seeing over the barrier.
Councilmember Ziebarth said he would like to that Mr. Orlich for coming to the meeting
and giving his presentation to the Council and citizens. He stated he could sympathize
with the residents of the trailer cours and the noise problem.
He also stated that he believed Mn /DOT had taken all steps possible to solve the
problem of noise but that he disagreed with the way the problem was being solved
because he felt everyone would go bankrupt if barriers were put up all over. Ideally
he believed that cars should be quietened and asked if tire and engine noise had
been separated.
Mr. Orlich repleid that the noise had not been separated on cars but that experiments
had been done on diesel trucks. Also, when dealing with a mix of traffic there must
be a test car to set a standard by.
Councilmember Hodges stated he was not fond of looking at the barriers but that he was
willing to go along with the majority and that he felt the barriers were needed for
the residents of the trailer parks. He also felt that landscaping would improve the
looks of the harriers.
Mayor Pickar stated he felt Mr. Orlich had made a very good presentation. However,
he had voted against the barrier at the first meeting because he felt it was not for
the best welfar of the people. He felt the people against the wall were very strong
in their objections but that those for it were not strongly represented.
Mr. Schobu replied that there was a petition of 75 signatures from residents of the
trailer park in favor of the barrier, and if the Mayor would like, all 75 could go
down to City Hall and voice their opinion in favor of the barrier. He also stated
that when he bought his trailer home, the salesman assured him that there would be a
barrier put there by the summer of 1977.
A rollcall vote was taken:
-16-
MSP (Baumgartner- Hodges) to approve resolution #841 for the final plans for the
sound barrier for 35W.
Councilmember Baumgartner aye
Councilmember Rowley aye
Councilmember Ziebarth nay
Councilmember Hodges aye
Mayor Pickar nay
Mayor Pickar closed the public hearing and reopened the regular meeting.
3 ayes,
2 nays
JUDICIAL DITCH NO. 1 RESTORATION IMPROVEMENT CITY OF BLAINE PLANS AND SPECS
The Judicial Ditch No. 1, as proposed by the City of Blaine, requires approval of
the plans and specificiations by the City of Mounds View before Blaine can proceed
to obtain bids on the project.
Although Blaine does not expect to specially assess any of the project costs, it
held an assessment hearing just in case. Administrator Achen did not recommend
that the Council do likewise unless the bids significantly exceed the estimates.
Engineer Hubbard reported that the City of Blaine, in cooperation with the Cities
of Mounds View and Lexington had received a HUD Community Development Block Grant
in the amount of $150,430 for the restoration and improvement of Judicial Ditch No.1.
The grant amount of $150,430 was considerably less than what they applied for. There-
fore, the City of Blaine hired Comstock and Davis to do a preliminary study of the
ditch to determine what restoration and improvements could be done with the $150,430.
Comstock and Davis reported that the following could be done:
1. The culvert under Lois Drive should be replaced with a 60 foot section
of 72" equivalent arch pipe.
2. The ditch from Lois Drive to 85th Avenue be cleared and constructed
with an 8 foot wide ditch bottom on a 4:1 side slope.
3. A 48" culvert be placed under County Road J at the ditch grade established
in the CED report and the existing 36" culvert be left in place at
its existing grade.
4. Upstream from 85th Avenue culvert a weir baffle arrangement could be
installed to control the flow out of Blaine as well as help maintain
water quality. The cost of this structure was not included in the
preliminary study.
The cost of the above improvements in Mounds View ere estimated to be $60.700.
Blaine has dealt with the Rice Creek Watershed Board and has a committment of
up to $30,000 if the bids come in higher than expected.
Blaine has prepared final plans for the project and the Blaine City Council has
set a bid date of July 12 and will consider bids on July 21. Since work will take
place within Mounds View, Blaine needs Mounds View's approval of the final plans.
-17-
John Bearden from Comstock and Davis explained that he was present to discuss any
problems and answer questions. He said the concept had been generated many years
ago and that Mounds View has reshaped it's portion of the ditch several times.
He said the culvert under Lois Drive restricts the flow of water. However, Blaine
has a 50 -60 acre storage area, with controls to be on the culvert which Mounds
View would have jurisdiction over. Mr. Bearden stated he felt it was a good project
and that there would be controls available for Mounds View to protect itself from
excess water coming in from Blaine.
Engineer Hubbard reported that Blaine had advertised for bids for the project and
they were waiting for the bids to come in to see how far the $150,430 would go.
Mr. Bearden stated that the project and bids were both set up to go as far as
possible with the money.
MSP (Pickar- Hodges) to approve the final plans and specifications submitted by the
City of Blaine, as it pertains to the City of Mounds View. 5 ayes
CITIZEN COMMENTS AND REQUESTS
Mayor Pickar at this time returned to Citizen Comments and Requests.
Mary Semon, 8021 Eastwood expressed her concern to the Council on the tree disease
program. She stated that she had lost 21 trees in the past two years and now has
7 more dying in her front yard.
She stated that when she first noticed the disease two years ago she had the U of M
come out and they determined it was oak wilt. She was told to wait until Spring to
cut th trees down. She received an estimate of $1,000 to have the trees taken
down professionally. She then contacted the City of Mounds View
She called Mr. Shields from the City of Mounds View earlier this year when it became
apparent that the trees in her front yard were dying. No one came out to look at
the trees so she again called. Samples were then taken and she was told she had 10
days to take the diseased trees down.
Mrs. Semon asked what the City of Mounds View could do to help its citizens with the
removal of diseased trees, since both the cost and time limitations can present
hardships to the property owners. She said that there was no where to take the
branches once they had been cut and that they could not be burned.
Mayor Pickar replied that the problem was wrestled with last year during budget planning
and some money was appropriated but it represented just a drop in the bucket. Mayor
Pickar suggested that Mrs. Semon ask for an extension of time in removing the trees if
the time limitation was not feasible.
Mrs. Semon replied that there was a discrepency on when to remove the trees, that the
U of M had told her to wait until spring until the trees were dorment, but that the
City had told her to take them down immediately.
Administrator Achen reported that the City of Mounds View is under State law and has been
told to enforce the law as recommended by the Department of Agriculture. Mrs. Semon
said she felt the U of M was qualified to make their decisions, and Administrator
Achen replied that the Agriculture Department hires U of M graduates to run their
programs. Administrator Achen also stated that the City was concerned with the problem
but had neither the funds nor technology to investigate the problem.
-18-
Mrs. Semon asked if there were any programs available from the State. Administrator
Achen replied that there is a State sponsored subsidy to personal property owners
of up to 45 percent of the cost of professional removal, and that the Citys must
apply for a certain amount of funding. Administrator Achen said he would have
Mr. Shields contact Mrs. Semon with the details of the program.
Councilmember Rowley reported that there is a dump in Anoka where the trees can be
taken. She did not recall the name off -hand but suggested Mrs. Semon call the
Anoka County office and they would be able to give her details.
DEVELOPMENT OF GREENFIELD PLAT 3 BONA ROAD BUILDING PERMITS EDGEWOOD DRIVE
STREET IMPROVEMENTS
MSP (Ziebarth- Baumgartner) to table the issue until the Council had more information
available and had more time to study it. 5 ayes
BAUER WELDING AND METAL FABRICATING AMENDMENT OF DEVELOPMENT AGREEMENT
Administator Achen reported that Bauer Welding and Metal Fabricators have requested
the following changes to their Development Agreement 76 -4 with the City. All requested
changes deal with the final grading, paving, drainage or landscaping of their property.
1. Site plan approved by City requires an eight foot berm along the north pro-
perty line bordering Town's Edge Trailer Court. Developer requests a four
foot berm with continuous plantings located on it. Request was made because
of the difficult maintenance of the steep grade (hard to mow and erosion due
to the narrowness of the berm).
2. Site plan approved requires an emergency drive into the property from the
morth. Development agreement requires any driving service to be paved with
one and one half inch bituminous and four inch Class 5 base material.
Developer requests to place burmaroad (100% crushed rock) in for driving
service.
3. Site plan approved requires Marshall Ash trees along the south property line.
The request is to replace the trees with shallow rooting shrubs in order to
protect the City services which parallel the south property line.
4. The site plan approved never required a paved run off with a diffuser system
at the property line from the weir. The paving is necessary to eliminate
erosion of the bonding bank.
5. The Development Agreement never adressed who would be responsible for main-
tenance of the water main or hydrant. With the hydrant serving as a fire
protection, it would be advantageous for the City to do the maintenance.
The Planning Commission reviewed the proposed changes but took no formal action on
June 8. Staff has recommended approval of all proposed amendments.
Mayor Pickar stated that items 4 and 5 were overlooked in the original development
agreement. He asked if there was any question as to the expenses covered in
item 4. Administrator Achen stated that Bauer Welding was in agreement with the
expenses.
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MSP (Pickar- Hodges) to adopt resolution #841 and authorize the Staff and Mayor
to sign the change to the Development Agreement as stated in items 1 -5. 5 ayes
NORTHCREST PARK PLAN TH 10 MEDIAN OPENING BETWEEN COUNTY ROADS H AND H -2
Mayor Pickar stated that the issue of the resolution for the TH 10 median opening
between County Roads H and H2 had been discussed at the special meeting on June 22.
MSP (Rowley Ziebarth) to approve resolution #842, to authorize the median opening
on TH 10 between County Roads H and H -2.
NORTHWEST SUBURBAN YOUTH SERVICE BUREAU JOINT POWERS AGREEMENT
Councilmember Hodges stated that there was a question about the school districts
participation in the Northwest Suburban Youth Service Bureau and that the schools
would be approached at a later date.
Administrator Achen reported that he had received a letter from the director of
the Youth Service Bureau and that he intends to discuss the matter before the
Council in July, and that they are asking the City Councils involved to have their
City Attorneys review the agreement and give their ok to it.
MSP (Pickar Ziebarth) to approve the Northwest Suburban Youth Service Bureau joint
Powers Agreement in concept, and to have the City Attorney review it. 5 ayes
MSP (Ziebarth Rowley) to suggest that the school districts be contacted in an
effort to allow them ample time to prepare their budgets. 5 ayes
ADMINISTRATOR ACHEN'S REPORT
Administrator Achen reported on the increase in the levy limit base which was made
possible the the State Legislature. The increase could amount to up to ten pervert
and could be taken this year or next but only once. Administrator Achen recommended
that the Council take no action this fiscal year.
Administrator Achen reported that Blaine Nelson had been hired as a summer laborer at
$3 /hr to replace a summer laborer who had been injured earlier in the summer.
MSP (Ziebarth- Hodges) to appoint Blaine Nelson as a summer laborer replacement at
$3 /hr. 5 ayes
Administrator Achen reported that the Minneapolis Recreational Development department
had applied for a peddler's license to sell cancy within the City of Mounds View.
Councilmember Ziebarth reported that he remembered when the candy was sold last year
and that the residents had no notice that the children would be coming around and
that the children themselves did not seem to be clear on the purpose of their selling
candy or be able to answer questions from the people they approached to buy their candy.
Councilmember Rowley stated that she felt Mounds View already had enough of it's own
children to support, such as Girl Scouts, Boy Scouts and so forth and felt that too
many children were going from door to door selling.
MSP (Rowley Baumgartner) to deny a peddlers license to the Minneapolis Recreational
-20-
MSP (Rowley Baumgartner) to deny a peddlers license to the Minneapolis Recreational
Development Department due to the volume of door to door solicitors already within
the community. 5 ayes
ENGINEER HUBBARD'S REPORT
Engineer Hubbard reported that he had received a letter from the Rice Creek Watershed
and that they had approved Mounds Views drainage plan without comment.
Mayor Pickar stated that a truck had collapsed at the corner of Lois and Knollwood
when it was about to dump gravel. The road did not appear to be washed out, and
he asked if the improvements could be made temporary and inexpensively until the
judicial ditch was put through.
Engineer Hubbard reported that it was being done according to plan and that the job
was out for bid. The contracts will be awarded on July 21 and in the meantime,
barriers have been put up in the spot where the road washed out.
COUNCILMEMBER BAUMGARTNER'S REPORT
Councilmember Baumgartner stated he believed something should be done soon on the
water drainage problem and a decision shoul be made to either go ahead with the
project or not go ahead with it.
He also stated he felt something sould be done since the Council had completed the
hearing on recreational vehicles.
MSP (Baumgartner- Ziebarth) to remove all restrictions for length and /or weight and
parking or recreational equipment in the front yards and direct the Staff to go
through Chapter 40 and remove whatever is necessary in reference to recreational
equipment parking in front yards. 5 ayes
MSP (Pickar Ziebarth) to direct the Staff to prepare an ordinance implementing
the lifting of restrictions for the parking of recreational equipment in front
yards and lifting the length and /or weight restrictions. 5 ayes
Councilmember Baumgartner recommended that all the Council members think about the
commercial vehicle situation and that perhaps it should be sent back to the Planning
Commission.
Councilmember Ziebarth stated he would like the City Attorney to give his opinion
on those vehicle owners who were claiming grandfather rights. Administrator Achen
stated he would ask Attorney Meyers to prepare a report and have the issue put on
the next agenda.
COUNCILMEMBER ROWLEY'S REPORT
Councilmember Rowley reported that she agreed with Councilmember Baumgartner that some
type of decision had to be made on the storm sewers.
She also asked if it was possible that Mounds View and Spring Lake Park take turns
patrolling Lakeside Park as there had been some complains of disturbances there.
Councilmember Baumgartner reported that cars had been parking on the south end of
the beach between the water works and the lake, and the police were patrolling the area.
COUNCILMEMBER ZIEBARTH'S REPORT
Councilmember Ziebarth reported that there had been no park and recreation meeting
for lack of a quarem. Administrator Achen reported that there had been problems
in the past with not having a quarem for the meetings.
Councilmember Baumgartner stated that it was an embarrassment to the City when it
happened as there were times when outside speakers had been invited and the members
did not show up. He suggested that perhaps Councilmember Ziebarth could mention to
them that if they were not interested in serving, there were others who were.
COUNCILMEMBER HODGE'S REPORT
Councilmember Hodges had no report.
-21-
MAYOR PICKAR'S REPORT
Mayor Pickar stated that he would not be at the agenda meeting on July 5 since he
would be involved with the Reserves. He would, however, be back for the July 11
Council meeting.
Administrator Achen reported he would not be at the agenda meeting either.
MSP Ziebarth- Rowley) to adjourn the meeting at 1:00 AM. 5 ayes
Respectfully submitted,
YTAkad„
Mark Achen
Clerk Administrator