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HomeMy WebLinkAboutMinutes - 1977/09/12Mayor Pickar Councilmember Hodges Councilmember Rowley Councilmember Ziebarth 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 September 12, 1977 at the Mounds View City Hall, 2401 Highway 10, Mounds View, Minnesota 55112. Members Present: Also Present: Clerk- Administrator Achen Attorney Meyers Building and Zoning Official Rose Councilmember Baumgartner was noted as being out of town. MSP (Ziebarth- Hodges) to approve the minutes of the August 22, 1977 meeting. 4 ayes CITIZEN COMMENTS AND REQUESTS Henry decker, 7350 Spring Lake Road asked what the City's regulations were regarding the cutting down of diseased trees and what rebates were available to cover that cost. He stated that he had received estimates from different firms that would cut down his trees and that while he received a low bid of $100.00 from one firm, the firm the City had approved for cutting the trees and allowing the citizens a rebate would charge $157.50 per tree. Administrator Achen replied that State law provides that any rebate that the State provides with State funds has to be with a contractor contracted through the City. Thus, Mr. Becker would not be able to collect a rebate if he chose a firm other than what the City had approved. Mr. Becker stated that other villages were allowing anyone to cut down the trees, and still providing a rebate. He cited Roseville as one example. Administrator Achen explained that these villages most likely were giving a rebate from the property taxes within that village, not from State funds. Administrator Achen also explained that the City had taken bids before awarding the job to one contractor and that one requirement of that contractor was to be able to give the City complete service when required, i.e., if 100 trees had to come down within one week, he must be able to get all 100 down, whereas other contractors who would charge less would not be able to guarantee they could meet the requirements. Administrator Achen stated that there is currently 37% funding available from the State, and as soon as that money comes through, they would start rebating it to the citizens. APPROVAL OF THE CONSENT AGENDA MSP (Hodges Ziebarth) to approve the consent agenda as follows: 4 ayes September 12, 1977 Page 2 ITEM A. Adopt Resolution No. 854 authorizing the Mayor and Clerk to execute Development Agreement No 77 -9 with Riggs Construction Company regarding_ the construction of 15 single family dwellings in the Berwyn Addition. The Agreement embodies the standard terms prepared by the city attorney, a $7,500 perfor- mance guarantee, drainage contours and foundation elevations approved by the city engineer, and drainage and utility ease- ments as approved by the city engineer. ITEM B. Adopt Resolution No. 855 authorizing Mayor and Clerk to execute Development Agreement No. 77 -10 with Keith T. Harstad regarding construction of 14 single family dwellings in Groveland Terrace. The Agreement embodies the standard terms prepared by the city attorney, a $34,800 performance guarantee for construction of required public improvements, a $650 cash escrow for inspection services, requirement that construction plans for all public improvements be submitted no later than April 30, 1978, and construction of all public improvements completed no later than July 15, 1978, two as -built copies of all installed improvements, and a prohibition on issuance of building permits for all lots fronting Groveland Road or Groveland Court until all public improvements are completed and accepted by the city. ITEM C. Approve the following licenses: CONTRACTORS expire 6/30/78 General renewal Shamrock Contractors of MN 341 Constance Blvd. NW Anoka, MN 55303 General new Robert T. Covert 1276 W. Co. Rd. B Roseville, MN 55113 D H Fencing Company 11570 Fernhrook Lane Osseo, MN 55369 Quality Checked Construction 13808 Northwood Drive Anoka, MN 55303 Asphalt renewal United Asphalt Company, Inc. 7925 Beech St. N.E. Fridley, MN 5.432 Blacktop SpecLi1 isLs 1650 Rice St. St. Paul, MN 55117 Excavating renewal A. M. Zappa Excavating Grading 1549 Berne Road Minneapolis, MN 55421 Excavating new Balfany Contractors 5500'France Avenue N. *Minneapolis, MN 55429 Sewer Water renewal Minnesota Home Sewer 1254 W. Roselawn St. Paul, MN 55113 Ileating Air Conditioning renewt The Dixon Company 6246 N. W. Highway 10 Anoka, MN 55303 Larson-Mac Company, Inc. 7811 Golden Valley Road Minneapolis, MN 55427 September 12, 1977 Blacktop Driveway Co. 1543 Payne Ave. St. Paul, MN Asphalt new Munn Blacktop 6040 Earl Brown Dr. Brooklyn Center, MN 55430 Page Heating Air Conditioning Pump.& Meter Services, Inc.' (pump meter installation) 2711 E. Franklin Ave. Minneapolis, MN 55406 Minnesota Petroleum Service (tank installation) 1955 Johnson St. N.E. i nneapo] is, MN 55418 ITEM D. Approc the Lc, 19/7, wills far payment. WATER AND SEWER UTILITY RATES REDUCE TO THREE BILLING PERIODS IN 1977 Mayor Pickar reported that the proposed resolution would implement the change from four to three billing cycles in 1977. The rate change would maintain the same annual charge for water and sewer services but allow billing in three four -month cycles. This would allow the City's billing process to be caught up by January, 1978. Mayor Pickar explained that the City fell behind in billing when it switched over to a computerized system. Councilmember Ziebarth asked if the timing was set yet for the other two billings. Administrator Achen replied that they would be mailed the end of November and the end of January, at which time the City would be caught up. MSP (Pickar Rowley) to approve Resolution #856 for the water and sewer utility rates to be reduced to three billing periods in 1977. Mayor Pickar recessed the general meeting and opened the public hearing on the O'Neil Addition preliminary plat. PUBLIC HEARING ON O'NEIL ADDITION PRELIMINARY PLAT AND REZONING Mayor Pickar reported that the public hearing was a continuation from the August 22 Council meeting and read the letter received from Short Elliott- Hendrickson with their recommendationsregarding the development. Ada Silouc, 2625 Louisa Avenue asked what the various numbers and letters meant that were included in the letter Mayor Pickar read. Official Rose explained that EW1 and EW4 were drainage areas laid out in the master plan for the City by Short Elliott Hendrickson and pointed them out on the City map. He also explained that the area that is presently swamp would be kept swamp. Jerry Johnson, 2638 Louisa asked what would stop the developer from filling the swamp in once he started building. Administrator Achen replied that the City would enter into a development agreement with the developer which would guard against such occurrences. new ayes September 12, 1977 Page 4 Allen Zepper, 5255 Irondale Road, stated that he felt there was a large difference between acre footage versus acre. Administrator Achen explained that while the width and depth< would vary between acre feet versus acre, the capacity would be the same. Mr. Zepper stated that the Army Corp of Engineers defines wet land as any land on which cat tails grow and stated that the development would have to have their approval. Mr. Saabi, a representative of the developer, stated that the issue had been covered in an environmental impact worksheet. Official Rose stated that he had the DNR out to look at the land and the DNR would not classify the area as Class III wet land. He stated that the report had been submitted to the EQB, DNR, and others, totally 33, of which most were govern- ment agencies. Everyone who would be required to issue a permit for the development is presently reviewing the report. Administrator Achen questioned if the EQB disapproves of the plan, if they would have the final say in the development. Official Rose replied that they would with respect to the wet lands, and that the report had been published six days ago and that it usually takes 30 days to get a reply back. Bob Rossman, 2504 County Road H- 2,asked if the letter from Short Elliott- Hendrickson stated that the water table would not rise with the first stage of the development but would rise later as more was built. Mayor Pickar replied that he understands that the first phase of the development would not affect the water table. Administrator Achen also stated that Short- Elliott- Hendrickson stated that they would have no problems with the first phase of the development. Official Rose reported that the main problem with the Second Addition would be that it would involve developing on areas that are presently holding water. Lots 12, 13 and 14, Block 1, Second Addition and Lot 1, Block 2, Second Addition should not be developed. Official Rose also clarified that the First Addition would be the duplexes on County Road H -2 and the parking lot for Donatelle's. Mr. Rossman pointed out that the minutes of the August 22 meeting called for further information on the water table before and after the Scotland Green development. Administrator Achen replied that the staff had searched the files but that no information was available. Mr. Roger Nelson, the engineer representing the development, stated that he had spoken with Mr. Christoffersen of Short- Elliott- Hendrickson and that Mr. Christoffersen reported to him that the water table had actually been lowered with the Scotland Green development. Ron Kritzeck, 2512 County Road H -2, asked what would be done once construction was begun to protect the residents in the area from blowing dust, sand and dirt. Mr. Nelson replied that there would be very little grading done in the area and that the trees would provide a buffer. He also pointed out that as many trees as possible would be saved during the development. Administrator Achen pointed out that the City could write into the development agreement the number of trees that would have to be saved. September 12, 1977 Pauline Stoner,2454 County Road H2 asked who would be responsible if a water pro blem did exist after the development. Mayor Pickar stated that it would be hard to pinpoint blame on anyone or decide at this time would who be responsible as many factors would have to be taken into consideration. He pointed out that Short Elliott- Hendrickson had stated that there would not be water problems and that the City 4 could only go by what the experts recommend. Attorney Meyers pointed out the situation in Bloomington recently with the heavy rains and flooded homes, which were an act of nature, not the fault of a developer. He pointed out that the developer must enter into a contract with the City stating that they will conform to whatever plans and specifications are agreed upon, but then, if the developer does what is required of him and then there are water pro blems, the issue would have to be decided at that time. Judy Olson, 7736 Woodlawn pointed out that the water would have to go somewhere once the development is put in. Page 5 Administrator Achen stated that only the first house in the area would not be at fault, and that every other house built there in the past 20 some would have some degree of responsibility if water problems did occur since they would all be contributing to the problem, not just the newest developer. He also pointed out that the experts have stated that increased development would lower the water table. Ms. Stoner asked how long a bond would be required of the developer. Attorney Meyers replied that until the development is finished and approved by the City, the bond would be kept. Ms. Stoner asked if the City was held responsible for the water trouble in 1975. Attorney Meyers replied that claims have been filed by the residents who had water in their homes, against Mounds View Square. Ms. Silouc asked if the City had heard anything from New Brighton about the water from Mounds View going down into New Brighton and giving them problems. Attorney Meyers replied that nothing had been received to his knowledge. He also stated that it is always a problem, that the person below complains about the water coming from the person higher up. Mr. Zepper asked if the duplexes would have one or two driveways per unit. Mr. Saabi replied that they had not determined that yet. Administrator Achen stated that most likely the City would require one driveway only, to eliminate the extra access onto already busy County Road H2. Mr. Rossman pointed out that the speed limit on County Road H2 between Silver Lake Road and Highway 10 is 40 MPH, while it is 30 MPH west of Silver Lake Road on H2, and east of Highway 10, on H2, and recommended that the speed limit be reduced to 30 MPH all along that stretch of H2. Councilmember Hodges stated that he felt that as long as the report received from Short Elliott- Hendrickson did not foresee any problems with the first phase of the development, that he did not have any problems with it. Councilmember Rowley stated that there were a number of items open that she felt would require further discussion before approval. She recommended that the number of trees to be left should be decided upon, how many driveway cuts to be allowed and the reduced speed limit should be agreed upon. She stated that she would pre- fer only one driveway cut per unit. September 12, 1977 Councilmember Rowley also stated that she did not have any great problems with the development, as long as the proposed parking lot would still hook up with the p re- sent storm sewer connection. She also stated that she would be interested in seeing what the different agencies had to say about the development, once the 30 days is up. Councilmember Ziebarth asked if the developer had reviewed the list of recommendations from the Staff, such as sidewalks and so forth. Administrator Achen stated that the Staff recommends that the north side of Count y H2 be curbed and guttered and a sidewalk installed. He pointed out that the Silverview Community Park is planned for the area and would generate traffic and increase the need for sidewalks. He also pointed out that it would be easier and more economical to install them at the time of development rather than later. Councilmember Ziebarth stated that there were several loose ends he would like to see cleared up before making a final decision on the development. Administrator Achen stated that the development could be approved with stipulations that all the requirements be met in the development agreement. Councilmember Ziebarth stated that he would like it clarified what was meant by tree cuts within 11/2 feet of the final grade. He also asked what type of controls would be placed upon the developer once the area was graded. tis. Silouc asked why the developer did not put in single family homes rather than duplexes. Mr. Saabi replied that they had decided to develop the area with duplexes due to the economics of it and pointed out that they would be in at least the $70,000 price range. He also pointed out the duplexes that had recently been built in New Brighton as an example of the quality of home. Mayor Pickar asked if the recommendations should include having John Capetz, the owner of the triangular piece of property at the intersection of Long Lake Road and Highway 10 included in the plat. Attorney Meyers replied that Mr. Capetz would have to sign the plat. Administrator Achen reported that Mr. Capetz's property is presently unbuildable. Councilmember Hodges asked if Mr. Capetz was in favor of the development and plat. Administrator Achen replied that he was, to his knowledge. Mr. Saabi stated that they had contacted Mr. Capetz with an offer of purchasing his property, which Mr. Capetz turned down. Mr. Saabi also asked if the proposed side- walk would be required to go past Donatelle's parking lot. Mayor Pickar replied that it would. Mr. Nelson replied that where the sewer and water lines go through, they would require up to 10 feet of area. Councilmember Ziebarth stated that he would also like to see some control by the City on the phasing to insure that water problems do not occur. He pointed out that no one could predict the amount of rain that will be coming. He also stated that he believes the property owners on the south side of County Road H2 have a legitimate complaint about dust control and recommended that the developer attempt to control it. Administrator Achen stated that the sidewalk would be required to go past the park- ing lot as the City would like to connect a whole network of sidewalks, rather than having small, isolated areas with sidewalks. He also raised the issue of who would Page 6 September 12, 1977 maintain the sidewalks. He stated that the City of New Brighton has taken the responsibility of maintaining their sidewalks and that if Mounds View followed suit, it would necessitate the hiring of at least one more individual to main tain the sidewalks. Mr Zepper asked the Council how they could approve the development without receiving the report back from the EQB. He pointed out that the report from Short- Elliott- Hendrickson had covered just one phase of the development while the DNR report would cover the whole development. Mayor Pickar replied that the EQB may have more input but then again may not. He stated that in the past developments had been given conditional approval before receiving the final report. He also stated that the City had hired Short-Elliott- Hendrickson to do a study for them and that the City should follow the recommendations of the experts. Councilmember Hodges pointed out that the City has turned down many development requests for the area in the past, waiting for the most suitable project, and that this proposed development seems to be the best for, the area. Mr. Rossman asked what the EQB report would be addressing itself to. Mayor Pickar replied that there are some 30 agencies involved and it would be an overall study of the development. Administrator Achen pointed out that there were many more stages to go through and that this was not the final time the Council would review the development. He also pointed out that the EQB is not concerned with the water problem of the development. Attorney Meyers recommended that if the development was to be approved, that the following requirements be included: 1. That the developer conform to the recommendations of the Short- Elliott- Hendrickson report. 2. That lots 12, 13 and 14, Block 1, 2nd Addition and Lot 1, Block 2, 2nd Addition and the lot labelled park should be recorded with temporary drainage easements and that these temporary easements should remain in effect until completion of the Scotland Green Basin. 3. The lot labelled park should be given a lot number and incorporated into the plat. 4. The triangular piece of property at the intersection of Long Lake Road and Highway 10 owned by John Capetz be included in the plat. 5. Lot l,Block 2, 2nd Addition and Lots 12, 13 and 14 and the park lot be developed into a drainage holding pond until the Scotland Green Basin is completed. 6. Concrete curb and gutter be installed along the north side of County Road H -2. 7. A concrete sidewalk be constructed along the north side of County Road H -2 from Edgewood Drive to Long Lake Road. 8. That the developer preserve all the trees within the specifications as stated, 11/2 feet other than the places determined above or within the area of utilities. September 12, 1977 9. Each lot be limited to one driveway exit. The developer maintain the proper dust control. The Council not give final approval of the development until they have received the report back from the EQB. Councilmember Rowley recommended that proper care be taken in the removal of the trees as damage to the trees would most likely result in their loss. Administrator Achen recommended that the City be assured that Lot 11 of Block 1, 1st Addition be, purchased and used as a parking lot for Donatelle's. Attorney Meyers stated that an agreement could be entered into with 'Donatelle's. Mr. Rossman asked if the ponding area would be permanent. Mayor Pickar replied that it would 'be temporary; until the storm water drainage plan was put into effect and then it would no longer be required as a holding pond. Administrator Achen suggested that the. City might want to address itself to the future use of the lot in the case that it is developed at a later date. He pointed out that it is presently zoned B -1. Official Rose explained that B-1 would allow businesses such as 7-11, or small retail, or a small office building, etc. Attorney Meyers back for taxes, responsible for officially as a sidered as part stated that he was concerned with the pond being isolated and going since it would then be the City's property and they would be keeping it up. He stated that the parcel would be designated storm water holding area and that the parcel is not to be con- of a park dedication. Mr. Rossman asked what the area would be classified as. Attorney Meyers replied that it would retain its present zoning, B -1. Mr. Rossman asked if the City would want a 8 -1 development put in there, such as a 7 -11. Attorney Meyers replied that he was not worried about the zoning as much as declaring it as a storm water holding pond and reserving the right for future rezoning. Mr. Saabi reported that the area was largely peat and that an R -2 development could not be built on it but that a large commercial building could. Councilmember Rowley asked why a large building could be put on but not a small one. Mr. Saabi replied that less soil preparation would be required and that while it would be possible to put an R -2 development there, it would not be economical. Mayor Pickar stated that he was uncomfortable with approving the development with so many small questions remaining unanswered. Official Rose pointed out that the City could look ahead and perhaps decide they would like the area left open. Administrator Achen replied that the City could not hava its cake and eat it to, so to speak. Mr. Zepper asked why a park could not be put in the area of the holding pond. Administrator Achen replied that the area was considered small, being only 2.9 acres while the Comprehensive Plan calls for parks of 4 -5 acres. He also pointed out that small parks were more expensive to maintain. PARKING. REGULATIONS September 12, 1977 MSP (Pickar Ziebarth) to continue the public hearing for the O'Neil Addition Preliminary Plat and Rezoning to September 26, 1977 and direct the Staff to get together with the City Engineer and the developer and address the questions and come up with answers relative to the entire plat, subject to the zoning, side- walks, curb and gutters, and Capetz property. Mayor Pickar recessed the public hearing and reopened the general meeting. COMMERCIAL VEHICLES r Page Mayor Pickar reported that the Council previously referred the issue of commercial vehicle parking regulations back to the Planning Commission for a recommendation. The Commission at its August 10, <1977 meeting recommended that vehicles in excess of one ton chassis design be prohibited from parking in residential areas, which is basically what the City code now provides. Diana Egan, 2112 IDS Center introduced herself as the attorney for the Stimpsons. She stated that the Stimpsons had been able to park their semi in their yard since 1971 and that the City approved construction of a special driveway for that purpose in 1971. She stated that Mr. Stimpson wants to continue parking his semi a t h ome because of the convenience, safety and to protect it from vandalism. Ms. Egan also stated that if the Council retains the ordinance, they would be taking away use of Mr. Stimpson's property from him. Ms. Egan stated that the vehicle did not interfer with the view of any driver on Long Lake Road. She also pointed out that the Planning Commission had seemed to be concerned with the frequency of the use of commercial vehicles. She stated that Mr. Stimpson's truck comes in on Thursday night, leaves Friday morning, comes back in Friday night, then out again Sunday night. Ms. Egan also stated that anyone who had purchased property in the area since 1971 had been aware of the truck on the property. She also stated that Mr. Stimpson had lived across the street from his present home since 1952 and asked the City to reconsider its ordinance and perhaps allow an exemption. Councilmember Hodges stated that the issue had been raised many times and that a judgement should be made on where the City stands. Councilmember Rowley stated that the issue had been batted back and forth many times and that she also felt a decision must be made on whether the ordinance should be maintained. She also stated that she would like to see documentation from 1971 when the driveway was approved and that she could not make a decision until she had all the facts. Councilmember Ziebarth stated that he felt a hearing should be held if the ordinance is going to be changed. He also stated that he was not quite sure that the health, safety and welfare position of Mr. Stimpson was the position of all the residents of the neighborhood. Councilmember Ziebarth recommended that the Council decide if there is enough concern about the ordinance to change it and then hold a public hearing. Mayor Pickar stated that he felt as long as the Planning Commission had recommended the ordinance remain at a one ton chassis, that he would agree with them. September 12, 1977 Ms. Egan stated that in the Planning Commission notes there was no indication of exempting certain vehicles. Mayor Pickar replied that it had been discussed but no decision had been reached. Attorney Meyers stated that there is no exemption that he is aware of. Mayor Pickar asked if there was any action the Council would like to take on the ordinance. There was no response so Mayor Pickar stated that the ordinance would stand as is. PARKING REGULATIONS ON- STREET PARKING BETWEEN 2:00 AM AND 5:00 AM Mayor Pickar reported that the proposed ordinance amending Chapter 81.02, Parking Prohibitions, prohibits on- street parking between 2AM and 5 PM any day. Councilmember Ziebarth stated that he would like to have the issue discussed at a public hearing. Councilmember Hodges recommended that the ordinance could be seasonal, being in effect during the winter months when on- street parking would interfer with snow plowing and so forth. Councilmember Ziebarth stated that he would prefer that if there was going to be any ordinance` that it be put into effect for a reason. He suggested that a statement could be taken from the Chief of Police regarding the necessity of it. Councilmember Rowley stated that she had a problem with not allowing parking from 2 to 5 AM in that when you do not allow people to park on the street, they will park on the boulevard or in their yards. She stated that that she had toured the City with the Maintenance Department and saw several examples of the damage that is done when cars park on the boulevard. Councilmember Ziebarth asked if there was any additional information available on the matter. Administrator Achen replied that it could be left as it is and ask the Chief of Police to review the situation this winter. JOINT POWERS AGREEMENT NORTHWEST SUBURBAN YOUTH SERVICE BUREAU Administrator Achen reported that the Northwest Suburban Youth Service Bureau joint powers agreement is basically a one year agreement to contract for services with the Bureau as a non profit corporation (similar to the Fire District). The only problem with the agreement would be the lack of clear municipal ownership of the assets of the Bureau, such as typewriters, furniture, and equipment, in case of liquidation. Attorney Meyers recommended that a liquidation clause could be added to the agreement. Administrator Achen asked what the Board of Directors of the Bureau would consist of. Mayor Pickar replied that it would be a mixture of citizens who were appointed when the Bureau was originated. Administrator Achen reported that in essence, the Bureau was started when several municipalities applied to and received federal funding from the federal government for the Bureau. The Bureau now exists as a non profit organization. Councilmember Ziebarth asked if the City would be released from the agreement upon September 12 1977 JOINT POWERS AGREEMENT EDGEWOOD JUNIOR HIGH SCHOOL TENNIS COURT RECONSTRUCTION Mayor Picker reported there is a proposed joint powers agreement with School District 621 to reconstruct the four Edgewood Junior High tennis courts. The agreement is necessary in order to apply for State matching funds. The application deadline is September 16. The app will be seeking $15,000 from the State. iThe School District will Provide $5,000 and the City $10,000. Council adoption of the agree- ment commits the City to appropriate the necessary funds in its 1978 budget. The Staff has included funding for the project in the capital expenditures proposed to be` funded ?by the Revenue Sharing Fund. Councilmember Ziebarth pointed out that about one year ago the Edgewood tennis courts were resurfaced but that the people involved in the project were not experienced with this type of work and did not have the expertise to carry out the job. He recommended that if money is going to be put into the project, that the City oversee it to make sure it is done properly this time. expiration of it. Attorney Meyers replied that yes, the City would he released but that extensions of the agreement would have to be signed six months before the expiration date. MSP (Pickar-Ziebarth) to approve Resolution #857 for the Youth Service Bureau and that the Council direct the Clerk /Administrator to approach authorized officials of the Bureau with the question of disposal of the assets of the corporation and with the suggestion that it be added as an addendum to this year's contract. Mayor Pickar replied that it was in the Joint Powers Agreement that the City super- vise the construction. Pai Councilmember Ziebarth pointed out also that the courts should face north and south, not east and west as they presently to, in order to be able to play in the sun. Administrator Achen replied that the courts could not be turned north and south and remain within the federal funding limitations. However, he pointed out that the courts at least were at a low elevation and were cut off somewhat from the late afternoon sun. Councilmember Ziebarth stated that there were already problems with patrolling the area as it is not visable from the road and stated that he did not believe the lighting fees would cover patrolling the area. Councilmember Rowley questioned how the use of the courts would be determined. She stated that the City is paying 30% of the 50% the federal government does not pay, yet the school will have their say on when they want it and so forth. Administrator Achen stated that he had similar concerns when reading over the agree- ment, that the City is footing the larger end of the bill, yet is only being given the time on the courts that the school does not want. He stated that it was a duty of the Park and Recreation Director to determine the hours of use with the school and determine rights. Councilmember Ziebarth stated that the schools generally take issue that if they need something, they get it, rather than the community. Mayor Pickar stated that the agreement reads that it shall be in effect until the school decides the land is needed for some other purpose. Thus, the City is stuck September 12, 1977 with the maintenance costs and upkeep until the school decides they want to end the agreement- Attorney Meyers recommended that a more suitable agreement be worked out with the school. Councilmember'Ziebarth stated that there could be problems with people playing the courts at 2 AM and causing a disturbance. Councilmember Rowley pointed out that the City would be stuck with the cost of keep- ing up the tennis courts each year while the school would just put in its initial investment and have no other financial responsibility. She stated that if the school is going to be the one to benefit most from the reconstruction of the tennis courts they should foot the majority of the bill for it. Attorney Meyers suggested that, due to the time limitation on submitting the applica tion by September 16, the City could approve the submittal of the application for funding without signing the actual agreement. Administrator Achen reported that last year there were 282 applications, of which only 84 received funding, and that joint ventures seemed to be given favor. MSP (Rowley Picker) to direct the school to go ahead with the application if they wish but that the City would not get involved due to wanting the opportunity to negotiate some of the conditions in the contract, but that the time is not available. Administrator Achen stated that the Staff also felt it would be a good idea to require concrete curbing to set a presedence for the Northcrest Park development. Administrator Achen also pointed out that there was approximately $355 in admini- strative costs to date to be applied against the bond. LAUNCHING PAD LIOUOR LICENSE AGREEMENT SECOND REDUCTION OF SECURITY DEPOSIT Administrator Achen reported that the remaining items to be completed under the Launching Pad Liquor License Agreement are permanent concrete curbing, screening fence and traffic control signs, at an approximate cost of $4,140. Mr. Hartinger has requested that a portion of the remaining $7,000 bond be refunded for the work already completed. Mr. Hartinger stated that he would also like Council approval to substitute asphalt curbing for concrete curbing due to the cost of installation. The bids he received on the project were approximately half the price to put in asphalt curbing versus concrete curbing. Mr. Hartinger explained that he had run into financial difficulties and needed the bond refund to pay his creditors, and was requesting the change in curbing due to the price difference. Administrator Achen replied that the pro's and con's of concrete versus asphalt had been discussed and that the Staff felt that in a commercial area, a bitumuous curbing would not hold up as well as concrete, and that bitumuous most likely would require repair work within the next year, which would involve additional expense. Mr. Hartinger replied that he had talked to Official Rose, who had stated that the Engineering Department had no problems with bitumuous curbing. He also stated that concrete would require repairs as it would be damaged from snow plows and cracking and so forth. September 12, 1977 Page 13 Councilmember Hodges stated that he felt concrete curbing would be much better for holding up even though it did cost more. Mr. Hartinger asked if it would be possible to have a combination of concrete and bitumuous. Councilmember Hodges replied that if the area was going to be plowed, it should be all concrete. Councilmember Rowley stated that she felt concrete curbing should be required, as bitumuous would have to be repaired yearly. Councilmember Ziebarth stated that he also agreed that concrete curbing would be best. Mayor Pickar stated that he also felt concrete curbing would be the best curbing. MSP (Pickar Ziebarth) to release $2,500 of the deposit from the Launching Pad, leaving a balance of $4,500, with the thought being that even with the $355 in administrative costs, there would still be ample funds to cover remaining repairs. JAMES REFRIGERATION REQUEST FOR RECONSIDERATION OF PROPOSAL Mayor Pickar reported that James Refrigeration has submitted revised plans for the Burger Tower development and that the new plans eliminate the drive -in window facility, increase the green space buffer zone on the north lot line from 40 to 83.6 feet, and reduce parking spaces from 64 to 63. Disposable dishware and uten- sils would still be employed. The Staff has interpreted this to mean the proposal is still for a convenience food restaurant which requires a conditional use permit. The applicant has requested Council waive the six month waiting period provided in Chapter 40.23, Subd. C (2), Reconsideration, so that his revised plan can be reconsidered. Tom Legierski introduced himself as the controller for James Refrigeration and stated that he felt the revised plan allowed for a new presentation before the Council. Attorney Meyers replied that the ordinance reads quite plainly that the six month waiver cannot be waived. Mr. Legierski stated that the plan had been changed considerably. Attorney Meyers replied that the Council must decide if the new plan still requires a conditional use permit. He also pointed out that disposable dishware and utensils are still being planned, but if that were changed, a conditional use permit would not be required. Mayor Pickar stated that the restaurant still falls into the convenience food cate- gory by using disposable dishware and utensils and thus could not be reviewed for another six months. Councilmember Rowley pointed out to Mr. Legierski that when he comes in again for Council approve, the same questions will still be raised, such as traffic and noise and odors and so forth. Councilmember Ziebarth pointed out that one other thing that should be considered is the zoning which the land now has is in conflict with the Comprehensive Plan and that he would be more comfortable with what the Comprehensive Plan calls for. 4 ayes He stated that the Comprehensive Plan should not say one thing while the zoning map says another and recommended that the issue be addressed. Mr. Legierski, pointed out that when James Refrigeration purchased the property several years ago, they had received a letter from the City, putting; in writing for them what the zoning was, and that they had been paying property taxes on that commercial property for all these years. He also stated that no matter what goes in the area, traffic will be increased. He also pointed out that if he did not require a conditional use permit, he would not need Council approval of his restaurant. September 12, 1977 Page Administrator Achen replied that James Refrigeration would be required to have Council approval on whatever went in there, as the Council approves all commercial develop ments, whether a conditional use permit is required or not. Councilmember Ziebarth stated that the Comprehensive Plan was developed so that to some extent they could control how land was developed. ADMINISTRATOR;ACHEN'S REPORT Administrator Achen reported that the Ramsey County League of Local Governments will be conducting its September meeting in the Mounds View Council Chambers on Wednesday, September 21 at 7:30 PM and asked that as many Council members as possible attend. Administrator Achen reported that the Northcrest Park concept plan will be on the September 26th Council agenda and that the Staff has not yet had time to complete preparation of the formal resolution of approval. Administrator Achen asked for approval of the public hearings for the 1978 budget, including Revenue Sharing expenditures. MSP Pickar- Rowley) to approve public hearings on the 1978 budget, including Revenue Sharing expenditures, at 8:00 PM on September 26, 1977 and at 7:00 PM on October 3, 1977. 4 ayes Administrator Achen asked for a volunteer Council member to meet with the Fire Chief and representatives of Blaine and Spring Lake Park and review the 1978 Fire District Budget. Councilmember Ziebarth stated that he would like to be involved in the meeting. Administrator Achen informed the Council that a group oral rating of seven candi- dates for the Parks and Recreation Director position would be held September 20. The committee of Roger Baumgartner, Laverne Peterson and the City Administrator met September 3 and selected the seven from a field of 24 applicants. They will now narrow it down to one to three candidates for the Council to consider. Administrator Achen reported that Mayor Pickar had received a letter from Mr. Leintz regarding the Longview Drive neighborhood dispute. Administrator Achen asked for Council to select and approve of a name for the short section of north -south street included on the Mounds View industrial Park No. 2 plat. It is a tributary street to Mustand Drive. MSP (Ziebarth Rowley) to name the tributary street to Mustang Drive, Mustang Lane. 4 ayes September 12, 1977 Administrator Achen reported that he has been participating the past year with several city managers in a unique, experimental program to develop professional support and reference systems. Administrator Achen stated that he has been paying the monthly costs of $25 for the past year and is requesting Council approval for authorization to pay $160 out of the training budget for the groups September 22 -24 retreat. $60 would be for meals and lodging and $100 for Dr. Herbert Klemme's training services. MSP Ziebarth- Rowley) to appropriate $160 out of the training fund for expenses to be incurred by the City Administrator at the retreat. Administrator Achen asked the Council if they felt the City should enforce the one ton' chassis limit on commercial vehicles. Attorney Meyers recommended that the violators be notified ,by letter that the ordinance was going to be enforced and given a reasonable amount of time to move their vehicles, such as 30days. Administrator Achen asked for approval of the bid for the dehumidifier for Plant #1. MSP (Pickar- Hodges) to award the bid for the dehumidifier installation at Plant #1 to Mac -In -Erny, Inc. in the amount of $10,603.00. 4 ayes ATTORNEY MEYERS REPORT Attorney Meyers reported that he had just closed the sale of two pieces of surplus property and turned over the two checks to the Clerk- Administrator. Attorney Meyers requested approval of the ordinance amending Chapter 93, which patches up holes in the housing code. MSP (Hodges Ziebarth) to adopt Ordinance #269 to amend the housing codes. 4 ayes COUNCILMEMBER HODGE'S REPORT Councilmember Hodges had no report. COUNCILMEMBER ROWLEY'S REPORT Councilmember Rowley stated that she had not been able to attend the last Lakeside meeting. COUNCILMEMBER ZIEBARTH'S REPORT Councilmember Ziebarth asked what could be done to take another look at the Compre- hensive Plan. He recommended that the sooner something is done, the sooner the City could protect itself. Mayor Pickar replied that there is no easy solution and that the City could compromise as they go. Councilmember Ziebarth replied that the solution might be to alter the Comprehensive Plan to agree with some of the ordinances that are in effect now. September 12, 1977 MAYOR PICKAR'S REPORT Mayor Pickar asked when the sealcoating project would be completed. Administrator Achen replied that he did not have a date but would check on it. Councilmember Ziebarth asked that the Staff check into who controls County Road H as he had received complaints that neither New Brighton or Mounds View was taking jurisdiction of it or patrolling it. Administrator Achen replied that he would check into it. MSP (Rowley Hodges) to adjourn the meeting at 12:55 AM. Respectfully submitted, i)2.titkacetevt. Mark Achen Clerk- Administrator