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HomeMy WebLinkAboutMinutes - 1977/08/22PROCEEDINGS 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 August 22, 1977 at the Mounds View City Hall, 2401 Highway 10, Mounds View, Minnesota 55112. Members Present: Also Present: Mayor Pickar Councilmember Ziebarth Councilmember Hodges Councilmember Baumgartner Councilmember Rowley IN Clerk- Administrator Achen Attorney Meyers Building and Zoning Official Rose Official Rose was attending the Council Meeting in place of Engineer Hubbard, who was on vacation. MSP (Rowley- Baumgartner) to approve the minutes of the August 8, 1977 meeting. Councilmember Hodges explained that he was abstaining from the vote as he had not been present at the previous meeting. CITIZENS COMMENTS AND REQUESTS There were no citizen comments or requests. APPROVAL OF THE CONSENT AGENDA MSP (Pickar- Hodges) to approve the consent agenda as follows: ITEM A. Authorize appropriate city officials to execute a drawdown of $15,000 under the H.U.D. Community Development Block Grant. This is the final payment to be received under the Grant. Completion of the funded activities is scheduled for December 31, 1977. ITEM B. Authorize extension of minor subdivision deed filing deadline to August 10, 1977, for T.V. Construction Incorporated (Victor Loeffler). Applicant indicates he was unable to meet the original deed filing deadline of December 10, 1976, for lack of funds to purchase tilu tax forfeited parcel from the State of Minnesota. ITEM C. Appoint Kent Karner to the temporary position of forestry maintenance worker at an hourly rate of $3.00 effective August 22, 1977. This employee is a replacement for the incumbent who resigned to take another job. 4 ayes 1 abstain August 22, 1977 Page 2 ITEM D. Receive the July, 1977, activity reports for police, fire, nuisance abatement, and legal departments. ITEM E. Authorize the police department to convert from brown to blue uniforms as are most commonly worn by other municipal police departments. ITEM F. Authorize installation of a street light to be located approximately at 7475 Groveland Road as requested by neighbor- hood residents. ITEM G. Approve the following licenses: RESIDENTIAL KENNEL expire 8/31/78 renewal Nor -Dan Schnauzers Harold Palma Brandt 2186 Lambert Ave. 7931 Woodlawn Drive COMMERCIAL KENNEL expire 8/31/78 renewal Sham -O -Jet Cennels 7700 Long Lake Road CONTRACTORS expire 6 -30 -78 General new Gorham Construction 9050 Collins Drive Anoka, MN 55303 Kallstrom Builders 7523 Groveland Road Mounds View, MN 55432 Rainbow Roofing 701 69th Ave. No. Brooklyn Park, MN 55430 Masonry renewal R. A. Mac Glover Cement Contractors 15245 University Ave. N.E. Anoka, MN 55303 Our Matchmaker Kennels 7770 Greenwood Drive Blacktopping new A.B.C. Blacktopping Company 1308 Main Street N.E. Minneapolis, MN 55413 ITEM H. Approve the August 22, 1977, bills for payment. Sewer Water Excavating new Schulties Plumbing 2250 Knoll Drive Mounds View, MN 55112 ITEM I. Authorize rental of one CES Precinct Ballot Counter each to the Citicc cf Coon Rapids and Blaine for use in their September 13, 1977, primary elections. Renters shall assume full respon- sibility for repair or replacement of the Counters if damaged by their use and shall each pay the City of Mounds View $50.00 for use of the Counters. August 22, 1977 Page 3 Councilmember Baumgartner questioned where the street light would be put in, under Item F. Administrator Achen replied that it would be put in at 7475 Groveland Road, at a right angle. Mayor Pickar asked if there was a date set for the conversion to the new blue police uniforms. Administrator Achen replied that it would be anytime between now and January 1, dependent upon the budget. Mayor Pickar requested that the Council advance to Item 6 on the agenda. JAMES CELT MINOR SUBDIVISION REQUEST 7635 GROVELAND ROAD Mayor Pickar reported that Mr. Celt has requested to subdivide his lot equally which fronts both Groveland Road and Silver Lake Road. The lot fronting Groveland Road would be 132' wide by 205' deep and the lot fronting Silver Lake Road would also be 132' wide by 205' deep. Mr. Celt stated that there had been some discussion at the Planning Commission meeting to go with 15' easements but that since then they have decided to go with 5' easements at the rear of each lot. Councilmember Baumgartner questioned where the utilities would go. Official Rose replied that they would go in front of the lot facing Silver Lake Road. Councilmember Ziebarth expressed his concern over the cost of the improvements and asked if Mr. Celt had agreed to having the construction costs for the improvements billed to him. Administrator Achen stated that Attorney Meyers had suggested a covenant be filed with the deed, saying that the owner would not obtain a building permit until the services were in, or that the costs would be applied against the property owner who benefited. Attorney Meyers reported that since Mr. Celt is the only person who has subdivided, the City does not want to be faced with having him demand services and thus must protect themselves. Councilmember Ziebarth asked if any soil restoration would be required. Official Rose replied there are no soil tests available and that they would have to be done at the time the building permit was issued. Councilmember Baumgartner asked if Mr. Celt agreed to the deed and not getting a building permit until the services were in. Mr. Celt replied that yes, he did agree to that, and asked approximately when the services would be put in. Administrator Achen replied that the City does not have any immediate or specific future plans for putting in the services. Administrator Achen also questioned what would happen if Mr. Celt wanted the improvements put in but the other owners in the area did not. Attorney Meyers replied that it requires 35 percent or more to petition, then the City would hold a public hearing. However, the City could put the improvements in under their own initiative. Administrator Achen asked if there had been any previous requests for services. Official August 22, 1977 Page 4 Rose replied that he had received a verbal request from the property owner on the corner. MSP (Baumgartner Rowley) to approve the request of James Celt, 7635 Groveland Road, for a minor subdivision, creating two lots with both being 132' wide and 205' deep, with a 5' easement along the rear of both lot lines, with a covenant to be recorded with the deed to not allow a building permit to be issued until services have been put in. 5 ayes IVES BOISVERT DEVELOPMENT AGREEMENT RESOLUTION OF COMPLETION AND RELEASE OF SECURITY Administrator Achen reported that Mr. Boisvert has satisfactorily complied with the terms of the Development Agreement (76 -3), executed June 1, 1976 for construction of two duplexes on Woodlawn Drive. The Staff recommends the Council authorize release of the $2,000 security to Mr. Boisvert, who has paid in full all applicable fees and charges incurred in the development. MSP (Hodges Ziebarth) to release the $2,000 security deposit to Mr. Boisvert. 5 ayes Mayor Pickar at this time recessed the general meeting and opened the public hearing on the O'Neil commercial and residential development. O'NEIL COMMERCIAL AND RESIDENTIAL DEVELOPMENT PRELIMINARY PLAT AND REZONING Mayor Pickar reported that the applicant has submitted a preliminary plat and prelimi- nary grading plan for which they seek approval. The Planning Commission voted (4 ayes, 3 nays) to recommend to the Council that they approve the preliminary plat for the O'Neil addition, dated 6/23/77, as presented to the Planning Commission. Also, the plat requires a variance of 5' for the frontage of Lot 4, Block 1, Second Addition. It will also require an additional 10' utility easement on Lots 7 and 9, Block 1, Second Addition, and a 10' easement on Lots 4 and 5, Block 1, First Addition on the common lot lines (total 20'). The plat will require a rezoning of Lot 11, Block 1, First Addition from R -2 to B -1. A downzoning of Lots 12, 13 and 14, Block 1, Second Addition from B -2 to B -1 would be required, along with the downzoning of Lots 2 -11, Block 1, Second Addition from B -2 to R -2. The Planning Commission also recommended that the holding pond be required and that it be maintained by the owner to meet the specifications of the City Engineer, the Rice Creek Watershed, or any other related department and that it not be considered a park dedication. Wayne Olson introduced himself as the consulting engineer for the project and gave a brief background. The property is a triangle, which borders between Donatelle's, County Road H2, Long Lake Road and Highway 10. The property was originally zoned R -2 on the south side abutting County Road H2 and was zoned B -1 for the remainder. Approximately two years ago the Planning Commission requested help on what could be done to develop the property. Mr. Olson at that time came in with a sketch plan that met with the zoning. However, the Planning Commission was opposed to commercial development on the north side, so in working with the Planning Commission, Mr. Olson proposed a layout of two family residential dwellings on the south, with B -1 zoning next to Donatelle's and B -2 zoning on the lots abutting Highway 10. The Planning Commission recommended a limited business zoning on the interium lots to meet up with the single family homes. August 22, 1977 Page 5 Mr. Olson stated that he intends to petition the City for improvements, and that if the project is approved, he is looking at the next construction season to begin the two family dwellings, which would be Phase i. Duane Putnam 5261 Irondale Road stated that he felt the development would add water problems, as the water in the area is already quite high. Mr. Olson replied that they would be leaving the existing culvert in place on Long Lake Road and on Highway 10. They would only remove the existing peat and excavate approximately 10' below the water table. The excavating would begin at about 896 contour, which is just where the organic material starts. The material would have to be removed and the area filled with good fill. The water elevation was about at 896 in 1975 and it seems to be within a few inches of that level now. Mr. Olson stated that the development would not be adding any water to the area. He also stated that the ponding capacity would hold the drainage and maintain the proper water elevation. Mayor Pickar asked if the grading plan included all the property, and if it would all drain to the holding pond. Mr. Olson replied that yes, except for the front of the lots on County Road H2, which would drain to H2, that the rest of the development would drain to the holding pond. Councilmember Baumgartner questioned if that also included Donatelle's parking lot. Mr. Olson replied that it would only include part of the parking lot and that there presently is drainage into the ditch. Councilmember Rowley asked how much water the holding pond would hold. Mr. Olson replied that assuming that 896 is the water table, it is planned to be a permanent pond, hopefully in excess of 6' to keep out the growth of algae and so forth. Councilmember Rowley stated that she was concerned about the water being there and the safety factors involved. Mr. Olson replied that he could possibly grade the pond so that the water did not stand in it but that the developer wants to make the pond as pleasant as possible. Mr. Olson also stated that they are trying to maintain the drainage as much as how it is now as possible until the City puts in a major storm sewer. They also are trying to preserve as many trees as possible in the development which would provide a screen for the single family homes in the area. Councilmember Baumgartner asked if the grading plans had been submitted to Rice Creek. Mr. Olson replied that they had. Official Rose stated that he had received a preliminary response from Rice Creek and they did not have any problems with it. Pauline Stoner, 2454 County Road H2 presented a petition to the Council with the signatures of approximately 75 of the neighborhood residents who felt the development would be detrimental to their neighborhood. Mrs. Stoner also stated that she was very concerned about the water and drainage and asked what would happen if all the "woulds "coulds" and "shoulds" did not happen. Allen Zepper, 5255 Irondale Road stated that the elevation of the holding pond was 890' and that he was very concerned about having water in his basement. He also stated that the City is trying to eliminate commercial vehicles in the City, yet this development would require residents to drive through a commercial area. Mr. Zepper also stated that if the development were to take place, asphalt would be put in, allowing the water to run and that the peat would be taken out, which is a good sponge. He also stated that Highway 10 is already a bottleneck during heavy August 22, 1977 Page 6 traffic and if the two family dwellings were put in, they would just contribute to the problem. Mr. Zepper stated that he felt with all the driveways, parking lots, and streets being put in, that a great number of trees would have to be taken down. Mr. Zepper reported that the water from the area most likely would go across Long Lake Road, then down Long Lake Road, down Louisa and end up at Bona Road, where there already is a problem area. Mr. Zepper pointed out that the proposed parking lot for Donatelle's is directly across from a residential area and that cars coming out at night would have their lights shine directly into the homes across the street. Mr. Zepper also questioned the fact that only one road would provide access to the duplexes and asked what would happen in an emergency. Mr. Olson replied that the present zoning for the property is commercial and that they are not changing that, or the drainage flow. He stated that the holding pond would be at 896', which is the level it is presently at. Mr. Olson also pointed out that right turn lanes would be provided to the commercial area from Highway 10. Bob Stoner, 2454 County Road H2 stated that he felt Mr. Olson was relying on the proposed storm sewer system to take care of the water problems and asked what would happen in the meantime. Mayor Pickar replied that there were several parcels at the same level and that they must use this land at present until the storm sewer goes in. Mr. Zepper asked if everyone in the City would be paying for the storm sewer. Mayor Pickar replied that it would be paid for by the property owners. Stan Kruger stated that he was a representative of llilmus Properties and that he felt the water table would rise with the development and questioned how much it would rise. Official Rose replied that the elevation is the same as is Scotland Green's and that the Staff's preliminary evaluation is that it is of the 100 year criteria and that it would support the runoff alright. Mr. Olson stated that the culvert under Long Lake Road would not be touched. He also stated that the City has indicated to him that it does not require the pond but that the developer is required to maintain the pond until the storm sewer system is put in. Mr. Kruger asked when the storm sewer would be put in. Administrator Achen replied that the Council is presently discussing the project and looking at the different possibilities. Ed Donatelle, 5269 Jeffery Drive stated that he would be putting a 6' hedge around the parking lot to protect the home owners across the street from the car lights. He reported that the water will be draining into the ditch and that they will put in a manhole, if required. Also, the trees would be left on the west side of the property to provide a buffer for the parking lot. Mr. Donatelle also stated that Donatelle's would definitely be buying the property for the parking lot if the Council approved it. Administrator Achen pointed out that the Council could require that Donatelle's be involved in the plat right now to insure that the land is developed by Donatelle's into a parking lot. Administrator Achen also stated that the City would want the two parcels owned by Donatelle's to then be made into one, and that a written agreement could be worked out. August 22, 1977 Page 7 Attorney Meyers reported that Administrator Achen's first suggestion, to involve Oonatelle's in the plat right away would protect the City best. Mr. Olson offered to make a copy of the purchase agreement available to the City. Sue Placedahl, 2633 Fairview asked if an environmental impact study had been done. Mr. Olson replied that the City had had a study done. Mayor Pickar asked for any further citizen comments regarding the development. Ms. Placedahl stated that she was against the development since she believed it would cause water problems. Mrs. Stoner stated that she was against it due to the water and safety problems. Dwayne Pajunen, 5261 Irondale Road stated he was against it due to water problems. Ave Zielock, 2625 Louisa stated she was against it due to water problems. Rollie Blakely, 2462 County Road H2 stated he was against the development due to traffic problems and stated that his daughter had recently counted 306 cars go past on H2 in one hour, and that there was too much traffic already. Cheryl Johnson, 2638 Louisa stated she was against it due to water and traffic problems. Ron Criski, 2512 County Road H2 stated that he was against it due to drainage problems and property values. Lee Watkins, 2609 Louisa stated that he was against it due to traffic and drainage problems. Alice Blakely, 2462 County Road H2 stated that she was against it due to traffic. Mayor Pickar asked that the petition presented by the neighborhood become part of the record. Stan Kruger stated that he was for the development. Ed Donatelle asked if there would be any access to Highway 10 from the lots along the highway. Councilmember Baumgartner replied that two exits were planned. Mr. Olson stated that that was one of the concerns that they went through with the Planning Commission and Staff. He stated that no streets would be emptying onto H2 and that only the people who live directly on H2 would be exiting directly onto H2. Mrs. Stoner stated that the 10 duplexes planned on lit would add at least 20 cars and that it only takes one car to kill a child. Mayor Pickar pointed out that with the way the land is zoned, more cars would be added. Mr. Blakely asked if the exits onto Highway 10 also provided an entrance into the commercial area. Mr. Olson replied that you can enter when travelling south but would have to cross over and come back if travelling north. Mr. Zepper pointed out that the businesses planned for Highway 10 will not be facing the highway and stated that people will not be coming in the back way. Mr. Watkins stated that he felt traffic would be turning onto County Road H2 and then entering the commercial area. August 22, 1977 Page 8 Mr. Olson stated that the business would not face Highway 10 due to traffic problems in that if they faced the highway they would have driveways going directly onto 10 and that the Highway Department did not want that. The service road will be put in one lot depth from the highway. Mr. Watkins asked if the garbage would be in view of the highway behind the buildings. Mayor Pickar replied that it would not and that the Planning Commission protects against things of that nature. Mr. Blakely asked if it would be feasible to put an entrance in by Donatelle's on County Road H2. Mayor Pickar replied that it would cause bunching by the intersection. Councilmember Hodges pointed out that the original plan had called for that but had been turned down due to traffic problems. Ed Donatelle stated that he was for the plan and that he believed the problems could be worked out. Mr. Stoner stated that he was against the development as there was no adequate storm sewer system. Councilmember Ziebarth asked Mr. Olson what the timing of the development would be. Mr. Olson replied that it was initially planned for this summer and that the grading plan has been submitted. He hopes to start grading in the fall and have utility construction next spring. The first phase of the development would be the duplexes and Donatelle's parking lot, and the second phase would be the remainder of the project. The second phase is planned to follow within the next year after the duplexes are built, depending upon when the street and utility construction is completed. Councilmember Ziebarth stated that he was concerned with the drainage situation and that if the City does have a chance for the drainage project it would come within the next 3 -4 years or not at all. He also asked if there would be right turn lanes off of Highway 10. Mr. Olson replied that there would be. Councilmember Ziebarth asked Mr. Donatelle where the exits would be in the new parking lot. Mr. Donatelle replied that they plan to come through the front of the building and exit as they do now and that they do plan on screening the lot. Councilmember Ziebarth stated that in reference to the Scotland Green project, he would be curious to know what happened to the water table before and after the Scotland Green development was put in. Official Rose replied that he was not aware of any information that would be available. Administrator Achen stated that there should be soil borings which could be compared. Councilmember Ziebarth reported that he was mainly concerned about the water table and drainage problems and those were the only problems he had with the project. He also stated that he did not believe the property along H2 would be zoned any better than R -2 and asked the citizens against the development if they had any better suggestions on how to use the land. Mr. Olson stated that unless there is a major improvement project or an effort is made to lower the water table over the entire area, as long as the water remains in the area and does not run off to other areas, the development should not present problems. He stated there would always be water on the 23 acres and that it would remain there whether there is a development or not. August 22, 1977 Page 9 Councilmember Hodges stated that approximately 20 years ago Long Lake Road had been under water and that originally an amusement park wanted to build there, then a zoo, then a chemical plant and that the City held out for a decent development. Council- member Hodges stated that he felt this development was the best plan that had come up and that the land was going to built on eventually whether this development was approved or not. Councilmember Hodges pointed out that everyone is just assuming there will be water problems if the development is put in but that no one coul:! tell for sure, but that perhaps it should be looked into more. He also stated that he did not feel the traffic would present problems. Councilmember Baumgartner reported that a traffic study had been done by Ramsey County on County Road H2 between Long Lake Road and Highway 10, which counted 3,725 vehicles in 24 hours, and that if two cars were added for each family that moved in one of the duplexes traveling the road twice a day, that would represent 80 cars, or about 1 percent. Councilmember Baumgartner pointed out that the property is going to be developed and any development will mean extra traffic. Councilmember Baumgartner asked the citizens what they would rather see developed in that area. Mrs. Stoner stated that she does not care what is done along Highway 10 but she wants County Road H2 left alone. Mr. Zepper stated that he would like to see something east of the swamp, next to the highway, and that while he did not object to duplexes or commercial development, he did not want anything that would affect the water table. Councilmember Baumgartner recommended that Short, Elliot, Hendrickson and Associates be asked to look at the area and make a professional recommendation as to the develop- ment of the area. Councilmember Baumgartner said he would be willing to approve the project if he received a favorable report from Rice Creek and Short, Elliot, Hendrick- son and Associates. Councilmember Rowley stated tht she was also concerned with the drainage but that if the pond would adequately take care of the water, she would be comfortable with the development. Councilmember Rowley also pointed out that H2 is a county road and that county roads are meant to carry a heavier volume of traffic. She also asked if anyone had a better idea of what could be developed, and she also stated she would be interested in having Short, Elliot, Hendrickson and Associates do a study of the area. Mr. Olson replied that he had submitted the preliminary design data on the pond to go to Short, Elliot, Hendrickson and Associates. Official Rose reported that Engineer Hubbard had received the information from Mr. Olson and had forwarded it on to Short, Elliot, Hendrickson and Associates. Mayor Pickar stated that he felt it was the responsibility of the City to get a professional opinion from Short, Elliot, Hendrickson and Associates before acting on the request for the development. Administrator Achen reported that they could have a report back by the next Council meeting. Mayor Pickar stated that as far as traffic was concerned, County Road H2, being a county road, was designee for heavy traffic and that it has not cone anywhere near its maximum yet. August 22, 1977 Page 10 MSP (Pickar- Baumgartner) to continue the public hearing for the O'Neil commercial and residential development at 7:45 PM on StTtemher 12, 197/and that the Staff be directed to contact Short, Elliot, Hendrickson and Associates and have them apply themselves specifically to the questions of the development and how it affects the surrounding territory as to water table drainage. 5 ayes MSP (Ziebarth- Hodges) to amend the previous motion to include information on the Scotland Green development as to the water table before and after the addition was put in and to get an idea of what the agreement would look like to insure the City that the parking lot would be put in. 5 ayes Bob Glazer asked what general conclusion was drawn from the environmental impact study that had been done. Mayor Pickar replied that it was not disfavorable as far as the City was concerned. Councilmember Baumgartner asked that Mayor Pickar's statement become part of the record. Mayor Pickar reminded the citizens that no further notice would be given as to the continuance of the public hearing to September 12 at 7:45 PM. He then recessed the hearing and opened the public hearing on the Northcrest Park development. NORTHCREST PARK INDUSTRIAL, COMMERCIAL, RESIDENTIAL DEVELOPMENT PLANNED UNIT DEVELOP- MENTGENERAL CONCEPT PLAN Bill Beim of Pinecrest Properties stated that it was very difficult to define a P.U.D. (Planned Unit Development) and that this was both his and the City's first experience with one. The area to be developed would include apartments, office /warehouse, office, motel office, retail commercial and restaurants commercial. Aslanidis stated the Comprehensive Plan suggested a P.U.D., with a mixture of uses and provides a tool to work with. Mr. Aslanidis stated that a median cut on Highway 10 between County Road H and County Road H2 would minimize the traffic that would exit onto H2. He also stated that the planned curb cuts on H2 had been cut to four from eight, at the request of the Planning Commission. They have checked the drainage plan witn Short,Elliot, Hendrickson and Associates. The drainage pond is proposed to collect water from the area,onthe south side and a smaller holding pond might be developed on the east side. They will have a better idea once Rice Creek has approved the plan. Mayor Pickar stated that the plan is up for approval of the concept and that a public hearing would be held again and that the Council is just to act upon the concept tonight. Lucille Miller, 5287 Raymord asked how many apartment buildings would be put up on H2. Mr. Aslanidis replied a tota: of 129 units were planned, and they were not certain yet how many buildings that would involve. Mrs. Miller asked if the City had not at one time said there would be no more apart- ment buildings allowed in Mounds View. Mayor Pickar replied that yes, the City had said they would not rezone any more property. However, the property in question is already zoned for apartments. Mrs. Miller asked if duplexes could be built instead. 1r. Aslanidis replied that duplexes were a possibility but that it all depended upon the market requirements in the future and that apartments were planned. August 22, 1977 Page 11 Mrs. Miller asked how close the units would be to H2. Mr. Aslanidis replied that he was not certain yet what the requirements were but that they would certainly meet the requirements. He also pointed out that there would not be any roads exiting directly onto H2, ...hat only the apartments would exit onto the road. Mrs. Miller asked if the Highway Department has approved a median crossing on Highway 10. Administrator Achen replied that the Highway Department has indicated that a signallized interchange would be allowed on Highway 10 once new 10 was put in, and that the crossover would be okayed based upon need, and that they would put it in writing for the City. Their reason for not wanting to make the crossover a signallized interchange at this time is because they have problems synchronizing the lights on Highway 10 right now. Councilmember Baumgartner pointed out that from day one the development had been planned with no road exiting onto H2 from within the complex. Mrs. Miller asked if the apartments would require another police officer be hired. Administrator Achen replied that eventually, as the City continues to develop, the police force would have to be expanded. Mr. Glazer asked that the Council remember that the Planning Commission was not unanimous in its vote on the development. He also stated that he personally felt the apartments would be far too intense a use to abut a residential area. Mayor Pickar pointed out that Scotland Green is developed at 17 units per acre and that the proposed plan for this development calls for 15 units per acre, while the zoning permits 17.5 per acre. Administrator Achen stated that one of the reasons why there is a general concept stage is to allow an opportunity to negotiate such things and that now is the time for the Council to make a decision if they want to lower the number of units allowed per acre. Mr. Glazer stated that he felt the City would be in a much better bargaining position if they opted for the lower use. If the City allowed the maximum now, it would be in a poor position to ask the builder to cut back later. He recommended that the City keep the area R -2 until the builder comes up with a definite plan of what he wants. Mr. Aslanidis reminded everyone that a P.U.D. is an exploratory process and that when going into a buffer zone, some higher density must be used. Mr. Glazer replied that the generally accepted tool to use is step -down zoning to get a gradual transition and that they would be taking a large jump in going from R -1 to R -4. He also stated that there was a lot of give and take in planning a development and that the developer benefits from the density zoning. He stated that he hoped the City would make the compromises here for R -1 and add more higher density in other areas. Mr. Beim stated that he did not like to use the term "bargaining power He pointed out that the law allows 17.5 units per acre and he is only punning on 15. Also_ the entire land is zoned multiple use yet he has cut this to 9 acres out of the 43. Mrs. Miller stated she would like to see all of County Road H2 become boulevard. Mr. Asianidis replied that most of the existing trees would be saved between Ulu aNdrt- ments and the commercial development. He also pointed out that the land slopes down from the back of the apartments so the commercial buildings would not be visable from the road. Also, landscaping would be done around the apartments. Councilmember Ziebarth stated that he was concerned with R -0 zoning and pointed out that the only other community to use R -0 zoning was Crystal. He stated that he did not like R -0 as while it is residential office, it is confusing with the rest of the zone numbering system. Councilmember Ziebarth pointed out that the P.U.D. is new to both the City and the developer and stated that he was concerned with the amount of flexibility allowed after reading the ordinance, 40.21, subdivision B, and Mr. Aslanidis' letter. He also questioned why Mr. Aslanidis went with R -0 zoning rather than R -4 and pointed out that there are some conditional use permits that are allowed under R -0 and not R -4. Mr. Beim replied that he could not say right now exactly how the area would be developed and that it should be easier to change things under the P.U.D. and that he hopes he will be able to come to the City with any problems that arise as the development progresses. August 22, 1977 Page 12 Councilmember Ziebarth pointed out that R -0 is indicated for a large portion of the area along H2 and recommended that it be either R -3 or R -4. He also stated he was concerned about the B -4 being adjacent to the trailer court and suggested that that area be made into an R -0 zone instead, since a B -4 zoning could allow a 10 story office building. Mr. Aslanidis said that even if they did go with 10 stories, the setback requirements would have to be met. He stated that he did not feel, however, that they would ever put in a 10 story building. Councilmember Ziebarth stated that he felt R -0 would be more favorable there than B -4. He stated also that where the motel area is planned, it would fit under the B -3 zoning. Mr. Beim stated that the feasibility study had indicated that the large buildings, such as a motel and home office insurance building should be located on 35W where they could be seen from the freeway. Councilmember Ziebarth pointed out that with a B zoning, a building 10 stories tall could be allowed, whereas with R zoning, it could only be 3 stories maximum. Council- member Baumgartner replied that due to the closeness of the Anoka County Airport, a building of that height would not be allowed anyway. Councilmember Ziebarth stated that he was not clear how the development stage worked. Mr. Aslanidis said that during the development stage, which would follow the concept stage, they would nave more definite plans and that the final stage would involve getting building permits for the various areas as they are going to be developed. Mayor Pickar stated that once the concept plan is approved, the developer has nine months to come back to the City with the street alignments and so forth and as much detail as possible. They do not, however, have to have the final plans for each area prepared. Councilmember Ziebarth asked what control the City would have over the flexibility of the development. Administrator Achen replied that it is the Staff's interpretation that the development plan, include the uses that are planned fnr and the areas that are not planned for the Council would set the limits on what they would allow. Mr. Aslanidis stated the development stage would be a specific as possible at that time, and that the City would be assured of control. Administrator Achen pointed out that there is a zoning classification called P.U.D. District. August 22, 1977 Page 13 Mr. Aslanidis said that if a client comes in and wants something in a certain loca- tion, a P.U.D. is supposed to accommodate it, iF it is within the correct zoning. Councilmember Ziebarth asked if the developer would go to the City and get approval when getting the building permit without going through formalized action. Mr. Aslanidis replied that they would have to do whatever is required by the City to get a building permit, and that a P.U.D. does not exempt them from building permit requirements. Administrator Achen stated that the developer must come to the Council for building permits at the development stage, and that once the Council has approved that, they need not come back unless they change something. He pointed out that this would establish precedence for further P.U.D. developments. Councilmember Hodges stated that his questions had been answered and also stated that he would like the developer to know that he was extremely impressed with the amount of work that had been done on the development already as far as preparing books for the Council to review. Councilmember Baumgartner stated that he agreed with Councilmember Ziebarth, that th. property bordering the trailer court should be rezoned. He also stated that the R -0 along County Road H2 should be south of the trailer park and the R -4 on the west end of H2, where the apartment buildings are proposed. He also stated that he appreciated the great deal of work the developer had put into the booklets provided to the Council and appreciated the fact that $30,000 had already been spent in the past two years on preparation for this project. Councilmember Rowley stated that she agreed that R -0 should be across from the trailer court and she also could appreciate the amount of work put into the project already. Mayor Pickar asked if the developer would object to the R -0 and R -4 changes. Administrator Achen replied that he recommends that the Council basically indicate what modifications they would like to see made. The Staff could prepare a detailed resolution for the next meeting of exactly what is being approved in the concept stage and establish ground rules. MSP Ziebarth- Rowley) to direct the Staff to prepare a resolution of the ground rules and make recommended changes to include an R -4 zone in place of the R -0 on the plan and to change the B -4 adjacent to the trailer court to an R -0 zoning. 5 ayes JAMES REFRIGERATION COMMERCIAL DEVELOPMENT REZONING, PLATTING AND CONDITIONAL USE PERMIT Mayor Pickar reported that the applicant has proposed to develop a convenience food establishment at the northeast corner of Highway 10 and Red Oak Drive. Stuart Gale introduced himself as the attorney for James Refrigeration. He stated that two other people would speak about the restaurant, Mr. Risso, who is to be the owner and operator of the restaurant and Mr. Novak, who is the architect. Mr. Gale reported that James Refrigeration became involved in Mounds View a few years ago when developers were being solicited fur the area. They looked at the site and agreed to buy it upon receiving proof that the zoning was proper. They received a letter from the City Administrator at that time, who said it was zoned B -3. James Refrigeration then bought the property and developed Crown Auto uL Red Oak Drive. August 22, 1977 Page 14 They have been searching to find what they feel would be a suitable restaurant -type operation for the location and are now seeking a conditional use permit for 3urq_r Tower, Mr. Risso's proposed restaurant. Mr. Gale stated that a conditional use permit was required only because disposable dinnerware would be used rather than reuseable. Mr. Risso gave his background and stated that he had started in the food business in 1941 with Howard Johnson, then after 18 years went with Allied Stores as manager of two of their restaurants in different locations, then in 1967 went to Daytons as director of their food operations. He then left Daytons and went to Perkins and now is seeking to start his own restaurant. All together he has a total of 36 years in the restaurant business, all of it being family oriented restaurants. Mr. Risso stated that after dealing with family restaurants for so long, he has come up with a concept of having economy priced foods and plans to return dignity to the restaurant business as it pertains to food, regardless of the price. He hopes to appeal to the family market, those with young children, and senior citizens looking for a reasonably priced meal. Mr. Risso stated that the menu would consist of Bavarian chicken, roast beef, ham, hambergers, and franks, and that all food would be fresh with the exception of fish which is too expensive to fly in fresh. He would also have home made cookies and onion rings. The motif of the restaurant would be Bavarian and would allow for seating of approximately 75 people. Parking would be allowed for about 60 cars. There would also be a drive thru window where people could place their order from their car and drive through and pick it up at the window and then leave the premises and take it home. Mr. Risso stated that cleanliness was extemely important to him and that he would have an attendent check the parking lot every half hour or so for liter and also check the inside of the building. The building is planned to be very colorful and would enhance the appearance of the area. Mr. Risso pointed out that while the restaurant would be family oriented, it would also be family run. He would be the owner and daytime manager and his son -in- law would be the night manager. Mr. Risso reported that a national study has shown that the average car brings appro- ximately three people to a restaurant. He is planning on 400 people per day, which would mean between 100 and 125 cars per day coning in and going out, of which 80% would come in to the restaurant and 20% would go through the drive -thru and take their food home. His planned hours of operation would be 11 AM to 11PM seven days a week and he would perhaps stay open until midnight or 1 AM on Fridays and Saturdays. Charles Novak introduced himself as architect for the restaurant and gave his back- ground as having designed restaurants for County Kitchen, Jays Pizza, International Dairy Queen, and Village Inn Pizza. He stated that he was also the architect for the Crown Auto store built on the adjoining property. Mr. Novak reported that the State has indicated that the access from Crown Auto onto Highway 10 is the only nrrnce that will he allowe1 in that area and thuc arrecc could be gained by the proposed new driveway on Red Oak Drive or by driving through Crown Auto's driveway. August 22, 1977 Page 15 Mr. Novak stated that they have provided for 64 parking spaces and that while the code require s 111 s:pac s, they ielieve 64 spac would he adequate. He also stated that all the trees on the lot would be left standing. All the major parking for the restaurant would be either to the rear or on the south side of the restaurant and no parking would be provided between Red Oak Drive and the restaurant. The exterior is to be Bavarian with a tower with a clock and chimes. The interior would again be Bavarian and energy saving devices would be used. Bob Glazer stated that he felt conditional use permits should not be granted willy- nilly and that there is nothing automatic in granting them. He stated that Mr. Glesby's request to build a gas station across the street about a year and a half ago had been turned down due to the traffic impact. He stated that he does not believe that the development is in conformity with the comprehensive plan to preserve the residential nature of the area. Mr. Glazer also stated that he felt the restaurant would promote a great deal of traffic on Hillview and that he did not believe that county roads should encourage increased traffic. He also stated that a development with access onto Red Oak Drive would pro- mote it to being a minor arterial. Mayor Pickar clarified that the Council did not mean to indicate that residents on county roads would just have to put up with the traffic but that they should expect increased traffic. Mr. Glazer replied that many things are within the control of the City as far as increased traffic. Margaret Montain of Hillview Road stated that the Comprehensive Plan discourages commercial development on Highway 10. She stated that she was concerned that there would be stacking on Red Oak Drive, which is already heavily traveled. She asked the Council to please remember those who had to live in the area and the lateness of the hour that the restaurant was proposing. Mr. Risso replied that concerning increased traffic, an extensive market study had been done which established the geographical market area of the proposed type of restaurant to be only 21 to 3 miles maximum. Thus, the restaurant would not generate traffic but would merely service the neighborhood. Ms. Montain stated that there are presently too many cars on Red Oak Drive. Doug James of James Refrigeration stated that he would like to remind the people that the land was zoned B -3 when they purchased it and that they are not asking to change the zoning, only for a conditional use permit. The original plan for the land was to put in a shopping center but their plans were changed when Mounds View Square was put in. Cindy Williams, Red Oak Drive stated that she was concerned about having paper products thrown onto her lawn as people left the restaurant and threw their= litter out the car window. She stated also that increased traffic from the restaurant might make it ha; to see that Red Oak Drive does not hook up to the new highway. ilr. Risso replied that as he had stated. an attendent would patrol the grounds for litter and as for people going through the drive -thru, they would not be allowed to eat in the parking lot and thus would not have litterto dispose of out the window. He also stated that if he used china and was required to put in a dishwashing system, he would invariably use pollucants. August 22, 1977 Page 16 Ms.!•!illiams stat'A that plastic ut(..nsils are also a pollutant. Charlotte Farsall, 7886 Sunnyside Road stated that Red Oak Drive was already conjested enough and they did not need additional traffic. Jim Bergstrom, Red Oak Drive, stated that he could appreciate Mr. Risso trying to orient the restaurant to the family but felt that a restaurant of that type would hurt the neighborhood and that there were several fast food places within 3 miles. He also stated that this was a crucial battle for Mounds View, because if they were to lose this battle, they '•!ould lose the war. Mayor Pickar replied that the Council could not control the type of business someone puts in. Mr. Bergstrom replied that he does not want a restaurant in his neighborhood. Mr. Risso stated that his restaurant would not be a fast food restaurant and that it would be more on the line of Perkins, with a smaller menu. Mr. Bergstrom asked the Council to remember the people of Mounds View. He stated that the north area will be growing faster than anyone wants it to and that he did not believe the local people support the restaurant but rather the people who are driving through. Mr. Bergstrom stated that he is not against the restaurant per say but rather against the traffic and what would follow it. Mayor Pickar reminded him that the Council can only zone an area for the types of business and that they cannot dictate which businesses go in. Mr. Bergstrom replied that then the area should be rezoned. He also stated that he would like to remind the Council that a conditional use permit would be required. Pat Johnson of Red Oak Drive asked if another stop sign could be put in, perhaps on Arden and asked how far it was from the corner of Highway 10 to the proposed exit. Official Rose replied that it was approximately 150'. Mrs. Johnson asked if the other building for the lot would have to be approved. Mr. Novak replied that it would be treated as a whole separate issue. Ms. Montain asked why the stacking problem wasn't addressed earlier. Councilmember Baumgartner replied that it was discussed at the Planning Commission meeting and it was noted that it is very heavily conjested with traffic during rush hour but that the restaurant would not open until 11 AM and would miss that morning rush hour but that the addition of an eating establishment might cause problems from late after- noon on into the evening. He questioned how many of the approximate 125 vehicles leaving the restaurant each day would be turning left to go onto Highway 10 between 4 and 6 PM? Mr. Risso stated that the dinner and lunch hour periods account for about 60% of the days customers, which would result in about 15 cars per hour. Councilmember Baumgartner said that 20 cars per hour would be more reasonable. Leonard Trisconski, 7930 Sunnyside Road pointed out that with Passion Christian Church being down the road that there would certainly be conjestion problems when they let out and when customers are leaving the restaurant. Jack Pilone of Sunnyside Road stated that he had moved into the area a year ago anu had researched the zoning before moving in and felt that Mounds View was trying very strongly to discourage strip commercial development. If the zoning were B -3, the worst that could happen to the area would be commercial retail, which would be open August 22, 1977 during the day and at night and asked if the City Council didn't have some control over the businesses or thir hour;. Mayor Pickar replied that if a parcel of land is given a zoning, there are different business that could operate within that zone and that if the business stays within the confines of what is allowed, the City Council cannot say no. Don Farsall asked why a meeting was being held if the land was properly zoned. Mayor Pickar replied that B -3 authorizes restaurants but that the hearing was being held to authorize a restaurant with throwaway dinnerware. Jim Bergstrom stated that he was against the restaurant as people could not make a left turn on Red Oak Drive from the restaurant during the rush hour. Also, the traffic would ruin Red Oak Drive and would put a log on the fire for MnDOT to approve the interchange for Red Oak Drive and the new highway. He stated that the City cannot allow a business establishment like this to come in and split up the community. He also stated that it was the beginning of a horrendous traffic problem and he did not believe the figure of 125 cars per day in that the owner could not survive on that limited a clientel. Bob Glazer stated that he was against the restaurant due to the traffic problems and that he lives on Hillview and is close to the location. He stated that there are hundreds of other uses for the land. Leonard Trisconski stated that he was concerned about traffic and the use of disposable utensils. Jack Cooney, Sunnyside Road, stated that he was against it due to the conjestion and noise. Page 17 Ann Forsen, Sunnyside Road stated she was against the restaurant because of the traffic and litter and that there was no room for a restaurant in that location. Margaret Montain stated she was against the restaurant because of the conditional use permit and stated that if th€:re was no take -out area it would reduce the traffic. Pat Johnson stated she was against the restaurant because of traffic, litter and commercial strip development. Marlene Fouchell, Red Oak Drive stated she was against the restaurant due to traffic. Councilmember Ziebarth asked what the zoning was for the second lot. Mr. Novak replied that it was also B -3. Councilmember Ziebarth stated that the Comprehensive Plan had been mentioned as R -4 zoning presently zoned as B -3, yet the conditional use permit request is for B -3, which would seem to go against the direction of the Comprehensive Plan. If R -4 is called for, there must be a good reason. As far as B -3 special use, Councilmember Ziebarth stated that it implies a direct type of traffic and direct type of parking and that 64 spaces would be inadequate if it was just a restaurant. The code requires 114 spaces but Councilmember Ziebarth stated that he felt that 114 was too many. Councilmember Ziebarth asked what was meant by chimes in the tower. Mr. Risso replied that the clocks would be accurate and working and that he hoped to have musical chimes which would play every half hour. August 22, 1977 Page 18 Councilmember Hodges noted that the Planning Commission had approved the conditional ic,e permit and variances with a vote of 6 ayes and 2 nays. He stated he was concerned about the traffic conjestion and the possibility of noise late at night from people leaving the restaurant. He also stated that if the restaurant was not approved, another business would be and that something would be going in there. Councilmember Baumgartner stated that he has a real problem with what is going to happen with the center lot. He pointed out that the restaurant would greatly increase the traffic flow and wondered what would happen when the next lot was developed. He also stated that when Crown Auto was approved, the Council had asked for_ plans for the rest of the property that James Refrigeration owned but that they had no plans at that time. Councilmember Baumgartner stated that he would like to see the plan for the whole area as the Council must know what is going on before approving it. He also stated that the Planning Commission did not have to approve the request as a conditional use permit was required. He also stated that he has a hard time visualizing why an establishment of this type would increase traffic on Red Oak Drive going north. He stated that the Comprehensive Plan calls for the area to be multiple dwelling and he would like to see a complete plan for the whole piece of property. Councilmember Rowley stated that she was concerned with traffic and stated that it was a very short stretch of road to have the additional traffic. She also stated that she has trouble agreeing with only 125 cars per day entering and exiting the restaurant. She also stated that she would not like to hear the chimes. Councilmember Rowley also expressed concern with the odor of the frying foods and stated that even with controls being put in, some odor would be present. Councilmember Rowley also pointed out that the restaurant would be getting away from the Comprehensive Plan and that while she felt the restaurant plan was good, the location was bad. Mayor Pickar stated that the City has received complaints on cooking odors before. Mr. Novak replied that there are a number of systems on the market which would take care of the odor problem. Mr. Risso stated that he had already selected the special equipment to take care of the odor. It would be the same as what he had used for one of Daytons restaurants in the middle of Southdale. Mayor Pickar stated that the City should know what is going to happen to the center piece of property. Mr. James replied that they have no prespective buyers for the property and pointed out that they have been paying taxes on it. Attorney Meyers reported that he had been reviewing the zoning ordinance and found that there are approximately 113 uses permissible and that a conditional use permit is required for a drive in and convenience food establishment. He stated that the conditional use permit could be provided as the architects plan is in harmony with the surrounding area. However, setbacks, parking, screening and vehicle access points would all be stipulations. Attorney Meyers reported that the denial of a special use permit would be very hard to sustain in court and the Council must determine if they have enough reasons to deny the request. August 22, 1977 Page 19 Administrator Achen pointed out that in addition to the B -3 zoning and conditional use permit, the Council mast r:!member the conflict between the planned use and Comprehensive Plan and that case history supports the Comprehensive Plan. MSP (Baumgartner Ziebarth) to deny the conditional use permit for a convenience food establishment at the James Refrigeration property at 2741 Highway 10, the reason being safety. The traffic generated by this type of establishment would create a hazard with the increased traffic on Red Oak Drive. It is also in conflict with the Comprehensive Plan which indicates the area should be of a multiple high density residential usage. A rollcall vote was taken: Councilmember Ziebarth aye Councilmember Hodges aye Councilmember Baumgartner aye Councilmember Rowley aye Mayor Pickar aye Attorney Meyers stated that the courts will usually say that any use will increase traffic. Mayor Pickar pointed out that a request was denied for a gas station across the street about 4 years ago due to the intense traffic on Highway 10. Mr. Novak asked if the request would be approved if they used china and if they could get a building permit. Attorney Meyers replied that a development agreement would have to be entered into. ouncilmember Rowley stated that the major concern was with the safety during the major hours that the restaurant would be in use. She pointed out that those are also the hours when the traffic is heaviest and that safety wise, it is a bad loca- tion for the amount of traffic on Red Oak Drive and on Highway 10. She stated that she would not object to the restaurant in a different location. Mr. Risso stated that he would be willing to bring in the studies he had presented his figures from for the Council's verification. Administrator Achen stated that those studies should have been submitted with the application in order to give the Council a chance to review them. 5 ayes Mr. Bergstrom asked Mr. Risso if he was a resident of Mounds View. Mr. Risso replied that he lived in Minnetonka and that his house was up for sale and he wasn't sure yet where he would be moving. Mr. Bergstrom stated that he felt business owners in Mounds View should live in Mounds View, not across town. Mayor Pickar stated that the request was denied upon taking into consideration the Comprehensive Plan for reference to the desired use of the property. Administrator Achen pointed out that the Comprehensive Plan was adopted with adequte legal notice and legal procedures for any land owner to speak up against it. Mr. Gale reminded the :Council that one or the very first questions asked the City was if the zoning was 6 -3 and they were given the understanding it was. Thus, a proposed plan should not have greater standing than an actual law. Administrator Achen recommended that something be decided ahout what the Council should do about the conflict between the present zoning and the Comprehensive Plan. Mayor Pickar adjourned the public hearing and reopened the general meeting. August 22, 1977 Page 20 ADMINISTRATOR ACHEN'S REPORT Administrator Achen reported that a regular Council agenda meeting Falls on Labor Day and suggested that the Council might want to cancel it. He also asked for formal setting of budget meetings for August 24, August 31 and September 7. MSP (Pickar Rowley) to cancel the agenr' meeting scheduled for Monday, September 5 and to formally set the budget work sessions for 7 PM on August 24, August 31 and September 7. 5 ayes MSP (Baumgartner Ziebarth) to approve resolution #851 commending Doug Bryant for his service to the City. 5 ayes Administrator Achen reported that a joint Park and Recreation and Council meeting would be held next Monday, August 29 after the dinner for Doug Bryant. MSP (Hodges Rowley) to appoint Mary Kvalheim acting Park and Recreation Director, effective August 29. 5 ayes ATTORNEY MEYERS REPORT Attorney Meyers asked for approval of two ordinances. MSP (Pickar Ziebarth) to approve ordinance #267 repealing Chapter 3 of the 5 ayes Municipal Code relating to 'Courts MSP (Hodges- Baumgartner) to adopt ordinance #268 amending Chapter 1.11. Subd. 1. 5 ayes Penalties, Misdemeanors and Chapter 40.27 Subd. B of the Municipal Code. Attorney Meyers reported that he had received the Northwest Suburb Youth Service Bureau joint powers agreement and was looking it over. Mayor Pickar stated that the Council would review it after the City Attorney had a chance to review it. Administrator Achen stated that he had looked it over and felt it was very thin and that it could amount to between $8 -9,000 by 1979. Attorney Meyers reported that he had met with the owners of M &E Realty regarding the property for Silver View Park. He made them an offer of purchasing between 30 and 35 acres at $6,500 per acre. It could be financed over a five year period. He also stated that if they subdivide, they could pay for the park dedication then. M &E will be getting back to Attorney Meyers after discussing the offer with the owner. Attorney Meyers reported that Thomas Hooker Fuller had recently passed away, and thus, to the Attorney's knowledge, his lawsuit against the City was dropped. Attorney Meyers said he would keep the file open for 60 days in case the estate should decide to continue, which he doubted. Administrator Achen asked how project 75 -2, the Mounds View Square improvement assessments looked. Attorney Meyers replied that the assessments had been classified but he had heard nothing more. OFFICIAL ROSE'S REPORT Official Rose reported that a development agreement has been prepared by Attorney Meyers for Mr. Harstad and the Bona Road development. A $500 security deposit per lot was felt adequate, so the bond will be $3,000 for the six lots. August 22, 1977 Page 21 MSP (Pickar Hodges) to approve resolution #852 to enter into a development agreement with Mr. Harstad for the property at Bona Road. 5 ayes COUNCILMEMBER ZIEBARTH'S REPORT Councilmember Ziebarth asked if anything had been done yet on the Berwyn Christianson addition. Administrator Achen replied that an agreement had not been prepared yet. Official Rose reported that there was no drawing of the easements for the property. Administrator Achen replied that the City would obtain the necessary easements for drainage. Official Rose reported that he was presently preparing the development agreement to include the bonding agreements MSP (Ziebarth- Pickar) to approve Resolution #853 on the Berwyn Christianson addi- tion. 5 ayes. Councilmember Ziebarth stated he would like to direct the Planning Commission to reflect on Section 40.23, Subdivision #5, regarding conditional use permits. COUNCILMEMBER HODGES REPORT Councilmember Hodges reported that the Youth Service Bureau had received various donations and that they had had a good turn out for their meeting. COUNCILMEMBER BAUMGARTNER'S REPORT Councilmember Baumgartner reported that at the Planning Commission meeting they had discussed commercial vehicles and a motion was made to recommend to the Council that they say that any vehicle over one ton chasis design that does not have a recreational vehicle license would not be compatible and therefore not allowed to be parked in a residential area. Councilmember Baumgartner asked that the issue be put on the next agenda. Councilmember Baumgartner questioned who would pay for the storm water study for the O'Neil property. Administrator Achen replied that it would be written into the administrative costs when a development agreement was entered into. COUNCILMEMBER ROWLEY'S REPORT Councilmember Rowley reported that the Lakeside Park would like to put up a picnic shelter which would be paid for in part by the Mrs. Jaycee's of Spring Lake Park. The cost of the project would amount to around $1,000 so would require Council approval. The cost would be taken out of the budget over the next two years. MSP (Pickar Hodges) to approve the request of the Lakeside Park Commission for permission to build a picnic shelter for Lakeside Park and spend up to $1,700. 5 ayes Councilmember Rowley stated that the Lakeside Park Commission was concerned with the future of the park and would be discussing how it was run and so forth in the near future. Councilmember Rowley stated that she had again contacted Bruce Mattson for his letter of resignation but had not received one yet. August 22, 1977 Page 22 MAYOR PICKAR'S REPORT Mayor Picker had no report. Councilmember Ziebarth asked if R -0 zoning copld be discussed, along with the discrepencies between what is in the Comprehensive Plan and the zoning. MSP (Hodges Ziebarth) to adjourn the meeting at 1:35 AM. 5 ayes Respectfully submitted, Q�,�� Mark Achen Clerk- Administrator