Loading...
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 -13- 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. -14- 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. -15- 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. -19- 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