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HomeMy WebLinkAboutMinutes - 1978/04/24A G E N D A Mounds View City Council April 24, 1978 1, Roll call of officials 2. Approval of minutes of regular meeting April 10, 1978 3. Citizen comments and requests CITIZENS: BEFORE SPEAKING, PLEASE GIVE YOUR FULL NAME AND ADDRESS FOR THE MINUTES 4. Approval of consent agenda: Item A. Storm Sewer Task Force appointments B. Reapportion special assessments C. Award janitorial services contract D. Appoint Community Service Officer E. Park Recreation Director complete probationary status F. Appoint spring /summer recreation personnel G. Announce Planning Commission vacancy H. Bills for payment I. Licenses 5. Storm drainage development controls (a) Policy position resolution (b) Storm water management fund ordinance and resolution 6. Development proposals (a) Mermaid Supper Club 24 lane bowling center addition (b) Berg Addition single family lots (c) Set public hearings on other development proposals 7. Metropolitan Transit Commission (MTC) routes on Ardan- Red Oak Spring Lake Road 8. Metropolitan Airports Commission (MAC) request for federal funds 9. International Union of Operating Engineers Local No. 49 Vacation leave grievance 10. Reports of officials 11. Adjournment CONSENT AGENDA April 24, 1978 The consent agenda is a technique designed to expedite handling of routine and miscellaneous official business of the City Council. The entire agenda may be adopted by the Council in one motion. The motion for adoption is non debatable and must receive unanimous approval. By request of any individual Council member, any item can be removed from the consent agenda and placed upon the regular agenda for debate. ITEM A. Appoint the following Mounds View citizens to the Storm Sewer Advisory Task Force established by Resolution No. 889: Peter Sargent, Chairperson Neil Loeding, Underchairperson Jean Miller, Secretary Blanche Abbott W. Burmeister Mrs. Butler Philip A. Carlson Dick Comben Glen Dawson Willard C. Doty Jerry Fahrmann Joe Gibson Robert Halseth Rod Halvorson Carl Helmer Milan Illig Martha E. Jordan Rose Langenberger Dick Lykke Dorothy Lykke Kathy Lykke Duane McCarty Carol Merker Dave Notaro Dennis Quan Cathy Roth Larry Roth John Rozman Phyllis Scott Frank Silvis Wally Skiba Ed Smith Larry Tell W. Werner James H. Wills James H. Zachau ITEM B. Adopt Resolution No. 891 reapportioning special assessments for the Rosenquist Addition major subdivision. ITEM C. Receive the following bids for 1978 janitorial services and award the contract to the lowest bidder, Contract Cleaning Specialists, 7840 Long Lake Road: Contract Cleaning Specialists Dietz Maintenance Favorite's Janitorial Service Servicemaster Jim's Building Maintenance, Inc. Donald Larson Enterprises $380 /month 410 /month 500 /month 548 /month 550 /month 882 /month ITEM D. Appoint Theron D. Buck, 2303 Lois Drive, as Community Service Officer effective April 25, 1978, at the hourly wage of $3.50. ITEM E. Appoint Bruce Anderson, Park and Recreation Director, a regular full -time employee upon successful completion of the probationary period May 7, 1978. Amend Resolution No. 879, Establishing Salaries, Wages and Benefits for Employees in Calendar Year 1978, to increase the monthly salary of Park Recreation Director Anderson to $1,525.00 per the employment agreement with Mr. Anderson. ITEM F. Appoint the following spring and summer season part -time recreation employees: name Janese Bisset Doris Descnene Mike Eilts Toya Farrar Carl Flood Lorrie Hillsdale Gary Huss Walter Huss Sindy Kandel Nancy Kellerman Bob Lindberg Al Marquardt Gary Marquardt Jerry Mingus position wage Rec Asst Dog Obedience Inst (n1f Inst Acting Dance Inst Judt Inst WSI Tennis Inst Tennis Inst Dance Inst Rec Asst Gymnastic Inst. Gymnastic Inst. After School Leader WSI $400 /season 10 /hour 6 /hour 7.50 /hour 10 /hour 4 /hour 6 /hour 6 /hour 6 /hour 150 /season 300 /season 7.50 /hour 4 /hour 4 /hour Consent Agenda 9 ITEM F. (continued) ITEM G. Todd Mulliken Kathy Peterson Marc Prange Paul Sarah Rynders Kari Sandvig Stephanie Sautter Royce Schultz Randy Sisulak Steve Sloat Elaine Strassburg Karen Strate Dave Cox -2- ITEM H. Approve the April 24, 1978, billds for payment. ITEM I. Approve the following licenses: GARBAGE COLLECTION expires 3/31/79 Viking Sanitation new Old Hwy 8 Butcher Road New Brighton, MN 55112 USED AUTO SALES expires 12/31/78 Quality Auto new (Alexander Diversified Sales) 2848 Highway 10 Mounds View, MN 55432 Rec Asst Gymnastic Inst WSI WSI Adv Lifeguards Playground Leader Gymnastic Inst Adv. Lifeguard Badminton Inst WSI Dance Inst Rec Leader Rec Asst Athletic Coord April 24, 1978 $400 /season 6 /hour 4 /hour 3 /hour 500 /season 6 /hour 3 /hour 6 /hour 4 /hour 10 /hour 500 /season 500 /season Accept the resignation of Planning Commission Member Don Mackeben. Direct the City Administrator to publicize this vacancy, to accept applications through Friday, May 12, 1978, and to arrange personal interviews for applicants at the Monday, May 15th, City Council agenda session. Members Present: Also Present: 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 April 24, 1978 at the Mounds View City Hall, 2401 Highway 10, Mounds View, Minnesota 55112. Mayor Pickar Clerk- Administrator Achen Councilmember Ziebarth Attorney Meyers Councilmember Baumgartner Engineer Hubbard Councilmember Rowley Mayor Pickar announced that Councilmember Hodges was away on business. MSP (Rowley Ziebarth) to approve the minutes of the April 10, 1978 meeting as presented. CITIZEN COMMENTS AND REQUESTS There were no citizen comments or requests. APPROVAL OF CONSENT AGENDA MSP (Ziebarth Rowley) to approve the consent agenda as follows: ITEM A. Appoint the following Mounds View citizens to the Storm Sewer Advisory Task Force established by Resolution No. 889: Peter Sargent, Chairperson Neil Loeding, Underchairperson Jean Miller, Secretary Blanche Abbott W. Burmeister Mrs. Butter Philip A. Carlson Dick Cornben Glen Dawson Willard C. Doty Jerry Fahrrann Joe Gibson Robert Halseth Rod Halvorson Carl Helmer Milan Illig Martha E. Jordan Rose Langenberger Dick Lykke Dorothy Lykke Kathy Lykke Duane McCarty Carol Merker Dave Notaro Dennis Quan 'Cathy Roth Larry Roth John Rozman Phyllis Scott Frank Silvis Wally Skiba Ed Smith Larry Toll W. Werner James; H. Wills James H. Zachau 4 ayes 4 ayes April 24, 1978 ITEM B. Adopt Resolution No. 891 reapportioning special assessments for the Rosenquist Addition major subdivision. ITEM C. Receive the following bids for 1978 janitorial services and award the contract to the lowest bidder, Contract Cleaning Specialists, 7840 Long Lake Road: Contract Cleaning Specialists $380 /month Dietz Maintenance 410 /month Favorite's Janitorial Service 500 /month Servicemaster 548 /month Jim's Building Maintenance, Inc. 550 /month Donald Larson Enterprises 882 /month ITEM D. Appoint Theron D. Buck, 2303 Lois Drive, as Community Service Officer effective April 25, 1978, at the hourly wage of $3.50. ITEM E. Appoint Bruce Anderson, Park and Recreation Director, a regular full -time employee upon successful completion of the probationary period May 7, 1978. Amend Resolution No. 879, Establishing Salaries, Wages and Benefits for Employees in Calends_ Year 1978, to increase the monthly salary of Park Recreation Director Anderson to $1,525.00 per the employment agreement with Mr. Anderson. ITEM F. Appoint the following spring and summer season part -time recreation employees: name Janese Bisset Doris Deschene Mike Eilts Toya Farrar Carl Flood Lorrie Hillsdale Gary Huss Walter Huss Sindy Handel Nancy Kellerman Bob Lindberg Al Marquardt Gary Marquardt Jerry Mingus Todd Mulliken Kathy Peterson Marc Prange Paul Sarah Rynders Kari Sandvig Stephanie Sautter Royce Schultz Randy Sisulak Steve Sloat Elaine Strassburg Karen Strate Dave Cox position Rec Asst Dog Obedience Inst Golf Inst Acting Dance In.st Judt Inst WSI Tennis Inst Tennis Inst Dance Inst Rec Asst Gymnastic Inst. Gymnastic Inst. After School Leader WSI Rec Asst Gymnastic Inst WSI WSI Adv Lifeguards Playground Leader Gymnastic Inst Adv. Lifeguard Badminton Inst WSI Dance Inst Rec Leader Rec Asst Athletic Coord 500 /season wage $400 /season 10 /hour 6 /hour 7.50 /hour 10 /hour 4 /hour 6 /hour 6 /hour 6 /hour 150 /season 300 /season 7.50 /hour 4 /hour. 4 /hour $400 /season 6 /hour 4 /hour 3 /hour 500 /season 6 /hour 3 /hour 6 /hour 4 /hour 10 /hour 500 /season Page 2 April 24, 1978 Page 3 ITEM G. Accept the resignation of Planning Commission I.lember Don Mackeben. Direct the City Administrator to publicize this vacancy, to accept applications through Friday, May 12, 1978, and to arrange personal interviews for applicants at. the Monday, May 15th, City Council agenda session. ITEM H. Approve the April 24, 1978, billds for payment. ITEM I. Approve the following licenses: GARBAGE COLLECTION expires 3/31/79 Viking Sanitation new Old Hwy 8 Butcher Road New Brighton, MN 55112 USED AUTO SALES expires 12/31/78 Quality Auto new (Alexander Diversified Sales) 2848 Highway 10 Mounds View, MN 55432 STORM DRAINAGE DEVELOPMENT CONTROLS POLICY POSITION RESOLUTION Administrator Achen explained that at the last meeting the Council had directed that the necessary resolutions and ordinances be prepared regar:!ing storm drainage development controls. Attorney Meyers read the resolution establishing the storm drainage development control policy. MS (Pickar Ziebarth) to adopt Resolution #892 establishing the storm drainage development control policy. Considerable discussion followed the motion before a vote was taken. Peter Sargent, chairperson of the Task Force, presented a list of the Task Force members, which was the same as that approved in the Consent Agenda. He stated that preliminary guidelines for development had been drawn up by the Task Force and included not allowing development in any problem areas, requiring construction that would prevent further water problems, no increased run -off be allowed, long term legal agreements be required to insure compliance with the guidelines and that any assessments against development be based on total run -off. Mr. Sargent also stated that he would like to stress that the Task Force was only submitting preliminary storm drainage guidelines. Neil Loeding stated that he had two main concerns with the resolution, that the City not serve developers and that he would like to see how the policy would work out before giving Task Force support. He also proposed that the present moratorium be continued until the Task Force had completed work on all interim policies set out. April 24, 1978 Page 4 Mr. Sargent read a letter he had received from a Mounds View citizen, supporting the Task Force working with the City. Mayor Pickar stated that item 3 of the resclution addresses the legality of enforcing the moratorium and that the Short, Elliott, Hendrickson report was used as a guideline. He added that it should not affect anything that the Task Force does. Mr. Loeding asked if the City could change direction after the precedence had been set. Administrator Achen replied that anything that is constructed in the City would have to be financed, ultimately through the sale of bonds and that he was concerned that they could not finance a citywide system through pre payments. He explained that there were three ways he knew of, one being that a uniform tax be levied throughout the City, or a combination of assessments and tax levy, or a tax system based on drainage districts. He added that the City would like to establish some method of picking up advance payments and that there must be a plan of some type that everyone conforms to, and that such a plan must ultimately be signed off by professional engineers in order to be financed. Administrator Achen stated that he had recommended to the Council that they follow the plan as prepared by Short, Elliott and Hendrickson since it was the only one the City had that had been professionally prepared. Mr. Loeding stated that it was his understanding that Project 1973 -4 had been paid for totally by local assessments. Attorney Meyers replied that under Chapter 429, the Council had elected to assess 100% of the cost. Mr. Loeding stated that he felt it would be beneficial to have a total system to plan against and asked if it was necessary to have it within the next three months. Attorney Meyers replied that in the event that the City is challenged, he would like to be able to show that the City does have a plan and is collecting assessments based t,i that plan. Mayor Pickar pointed out that the resolution does not address itself to the details of financing. Mr. Loeding stated that it was his understanding that the assessments would be based on area and runoff but would not have any relationship to the total system. Attorney Meyers replied that that type of assessment would be agreed upon by the developer in advance, and that under Chapter 429, the City would have to be able to prove that a development benefitted the same amount that it was assessed. Mr. Lceding stated that the Council was proposing that the Short, Elliott, Hendrickson study be used as an interim solution but that the Task Force would like to see some- thing else. Duane McCarty stated that he was interested in the concept of on -site retention and asked if the City could work with that plan. Attorney Meyers replied that he had no problem with that but that the developers would have to be made aware of it. He added that he was concerned with levying charges. Mr. Loeding suggested that a holding pond or system might be the answer and asked if it would be necessary to give credit since it would be an imposition for the City. Attorney Meyers replied that he did not feel it would present a problem in giving a credit for temporary facilities. Councilmember Ziebarth asked if the Task Force was comfortable now with the resolution. Mr. Loeding replied that in general they were comfortable with the resolution but would April 24, 1978 Page 5 feel much more comfortable with something other than the Short, Elliott, Hendrickson study being used as an interium alternative. Councilmember Ziebarth replied that he would like the study used as an instrument for evaluation and that some adjustments could be made, if necessary. Mr. Loeding stated that the Task Force would like some temporary help from someone such as the City Engineer. He added that he would like to see the Short, Elliott, Hendrickson study referred to as a tool for evaluation rather than as a basis. Bill Werner, 2765 Sherwood Road asked if the official engineering report was only pertinent to financing. Administrator Achen replied that a developer could come in and the City could insist that he not do anything until he pays an assessment. Attorney Meyers added that before the City could decide upon a project and assess the cost, the City Engineer or other qualified person must present a plan saying that it is feasible and would work and present an estimated cost of the project. Councilmember Ziebarth pointed out that assuming that the solution to someones water problem would be just more pipes to get the water out, the money would have to come from somewhere. Councilmember Baumgartner pointed out that the problem is how to pay for the alternate solution, such as how would the City pay a contractor for putting in pipe in front of five or six homes. Mr. McCarty stated that he would like to take care of the moratorium before working on the other existing problems. Councilmember Baumgartner replied that if the Task Force wants to lift the moratorium and allow development, each particular area and problem must be taken care of. He added that he would be interested in knowing what the developers thought. Mr. Loeding stated that if an interim tool could be substituted, that could be the solution. Bill Beim stated that if a developer could handle the excess water on his own land so that it would not increase drainage problems, he felt that should take care of any need to stop development of that particular area. Administrator Achen pointed out that the City must look at each development and that the major source of data on all the problems was the Short, Elliott, Hendrickson report. He added that the City Engineer must look at the report and evaluate each situation separately. He also added that one thing which was not included in the resolution but was understood was that all drainage recommendations or development proposals be reviewed by the Task Force before being presented to the Council. MSP Ziebarth- Pickar) to amend Resolution #892, Section 3 to read that it shall serve as an interim evaluation took for the potential drainage impact of develop- ment proposals. Councilmember Ziebarth aye Councilmember Baumgartner aye Councilmember Rowley aye Mayor Pickar aye Ken Thornton asked if the resolution had been drafted to cover the entire city. Administrator Achen replied that it had. Mr. Thornton asked if the resolution could be amended to exclude areas outside of the improvement area. Administrator 4 ayes April 24, 1978 Page 6 Achen replied that there was no part of the City that would not be served by some part of the improvements from Project 1978 -1. Mr. Thornton stated that he felt it would be very expensive to take an individual lot and hold water on it, and asked how the water could be held on site. Administrator Achen replied that a developer was considered to be anyone developing more than two single family lots and that it would be up to the City Engineer to decide how to best hold water since every site was different, but that basically a hole would have to be scooped out and the water drained to it. Mayor Pickar pointed out that the resolution addresses the overall problem and that the next item on the agenda would address the financial end of it. A rollcall vote was taken on the motion to adopt Resolution #892. Councilmember Ziebarth aye Councilmember Baumgartner aye Councilmember Rowley aye Mayor Pickar aye STORM DRAINAGE DEVELOPMENT CONTROLS STORM WATER MANAGEMENT FUND ORDINANCE AND RESOLUTION Mayor Pickar explained that the City has come up with a potential method of financing the storm water fund. Administrator Achen read the Chapter 25 proposal and resolution and explained that a developer or anyone applying for a building permit would be assessed based on the formula the City has worked out. Administrator Achen presented the formula and explained how it had been determined. He also explained that in essence, the assessment would increase the cost of each new home. Mayor Pickar stated that understandably the assessment would create a hardship for each type of development but that the storm water fund would be a method of financing the project. Jerry Linke, 2319 Knoll Drive asked how an addition to a home would be evaluated. Administrator Achen replied that it would be the difference between the existing total runoff and the new runoff resulting from the addition. He added that if the addition to the house amounted to 500 square feet of roof rather than grass that the calculation would be based on that. 4 ayes Mr. Linke asked if each addition would be evaluated separately. Administrator Achen replied that they would and that if the surface is already taken up, basically no charge would be made. Mr. Beim pointed out that the City already has a water problem and has had a study made. He stated that the assessment would cost him $165,000 yet the people who had lived in the City for a long time would not be charged anything. He added that he would not be creating any problem since he would be building his own holding pond. Administrator Achen replied that the charge would be applied for each building permit applied for and that the charge levied would be applied against any further special assessments for a storm sewer trunk system improvement. Mr. Beim questioned what would happen if no storm sewer system was put in. Administrator Achen replied that they must assume that at some time in the future they would be April 24, 1978 Page 7 implementing a system. He added that Staff will be recommending and pushing very strongly for a system. Mr. Beim asked if it was possible that a developer would pay an assessment and then a system not be put in. Administrator Achen replied that a system would be put in in the future. Councilmember Baumgartner questioned if Mr. Beim would be required to take care of drainage on his property, who would be responsible for that upstream. Administrator Achen replied that by law he would be required to provide a pipe large enough to take care of all runoff. Mr. Thornton stated that he did not feel the City could justify assessing just developers. Administrator Achen replied that it was the same question when putting in any type of improvements, and that the Council has a choice of saying no more development or else providing the required drainage facilities. Bob Eigenheer stated that he could not see how the City could justify charging 30% or so of the land not developed to pay for the whole City. Administrator Achen replied that the gross amount of revenue that could be accumulated through the charges would not come close to financing the cost of a project and that the Council would have to make a decision on who to charge and decide who would be benefitted. Mayor Pickar stated that he could appreciate their concern but that he felt the for- mula was fair and equitable. Mr. McCarty asked what the average price was of the homes Mr. Eigenheer built and if he thought an extra $500 assessment would make them unsaleable. Mr. Eigenheer replied that it all adds up. Mr. Loeding pointed out that under Project 1978 -1 each home owner in Mounds View was expected to pay up to $2,000 and that many would have received no benefit. Keith Harstad stated that it was fundamental that water flows downhill and he felt the people at the top of the hill should pay as much as those at the bottom. He added that everyone who benefits should pay for it. Administrator Achen stated that the intent of the ordinance was to require people who were developing from here on in to pay now, rather than later and that they would not be able to extend the payment for twenty years, as the present residents could. He added that this would allow the City to accumulate cash up front. Councilmember Baumgartner stated that he did not feel it would be a good situation to require a developer to put his money in the City fund, where he could not collect interest on it, whereas the City could. Bill Doty asked if the interest would be credited to the property owner. Administrator Achen replied tnat the intent of the ordinance would be to allow the use of the money for a storm sewer development in the City, and that the money would be put in an escrow account. David Notaro asked if developers would be allowed to come along and tie into the system once the project is in and complete. Administrator Achen replied that undeveloped property would be assessed at the rate of its useage, regardless if there are structures on it or not. April 24, 1978 Page 8 Jerry Wambach, 2748 Ardan Avenue asked if the assessment would be applied when the property is developed. Administrator Achen replied that the assessment would be levied at the time the building permit is applied for. Mr. McCarty stated that he could understand the problems the developers would have but that he felt the City has reached a saturation point drainage wise and that he felt further development would be the breaking point. He pointed out that the ordinance would give them the opportunity to either sit on the land until the City makes a decision or pay the assessment now and begin development. Ernie Gustafson, 2525 County Road I stated that he had lived in the City for over 30 years and that this was the first time he had heard of anyone saying they had water problems. He added that Project 1978 -1 was turned down but that the City was already working on another project for $1,500,000 or so and that he did not see the need for any system at all. Russ Underdahl stated that he owns a home high on a hill and has spent a fortune trying to make the basement waterproof yet has had water in his basement each spring. He stated that he felt it was an act of God. MSP (Ziebarth Pickar) to adopt Chapter 25, Storm Drainage Management Fund, Ordinance #276. Councilmember Ziebarth aye Councilmember Baumgartner aye Councilmember Rowley aye Mayor Pickar aye DEVELOPMENT PROPOSALS MERMAID SUPPER CLUB 24 LANE BOWLING CENTER ADDITION Administrator Achen reported that the Planning Commission had reviewed the plan at their April 10 meeting and recommended approval of the development. Charles Hall stated that the Planning Commission had accepted his new plan as he submitted it and that he had made several changes before going before the Planning Commission to improve the plan. Mayor Pickar pointed out that Staff had recommended that a physical catch basin be installed. Engineer Hubbard replied the matter had been discussed and they felt it would be best to put in a baffle similar to what Mr. Hall presently has. He added that they had checked to see if there was a storm sewer along County Road H and *hat there was. one 50 -80' away that could be reached with a connection. Mr. Hall stated that he had checked with the Rice Creek Water Shed District and received their approval of his plan. He added that it would be very expensive for him to put in an extension to the existing storm sewer on County Road H. He pointed out that the baffle he had put in the previous fall had cost him $2700. Mayor Pickar pointed out that Staff had also recommended cement curbing rather than asphalt. Mr. Hall replied that if the City required him to put in a 12" culvert to connect to the 24" culvert, he would be spending approximately $3000 more than he has financed, and that he could not afford the cement curb and did not feel it was necessary. He added that he takes no water from Perkins and that all the water on his lot travels to the center. Mr. Hall stated that he would be willing to put asphalt curbing in on the south side and that he would like to go with a 12 "x8" curb 4 ayes April 24, 1978 Page 9 so he could plow snow over it. Mr. Hall stated that he has no problems with the curb he has presently and pointed out that County Road H has asphalt curbing on both sides. Engineer Hubbard replied that the City does not have a firm policy to require concrete, asphalt or no curbing at all but that he personally feels concrete curbs and gutters are the best solution to solve either parking lot drainage or snow plowing problems. He added that Perkins was required to put in concrete curbing, while Rent -All has asphalt, and that Mounds View Square has both concrete and asphalt and that the asphalt has already started deteriorating. He also pointed out that snow plows often rip the grass next to the asphalt curbs and thus the grass is often missing next to the curbs. Engineer Hubbard recommended that the City consider a policy requiring concrete curbing and gutters. He added that at this time the City has the opportunity to require certain types of improvements and that concrete curbs and gutters would benefit the whole parking lot. Councilmember Ziebarth stated that in terms of benefit to property, he felt concrete would be the best in the long run. He pointed out that the City has had trouble with asphalt curbs because they do not hold up, especially in heavily travelled areas. He recommended that an amount be escrowed if asphalt curbing was approved, to guarantee that repairs would be made when necessary. Councilmember Baumgartner stated that he agreed with Councilmember Ziebarth's comments and added that concrete curbing had been required at Perkins, McDonalds, the Launching Pad and the Bona Road extension. He added that he could appreciate the problem with the difference in cost but that he felt over a 10 or 20 year period the concrete curb and gutter would hold up best and probably save money. Councilmember Rowley stated that she agreed with Councilmember Ziebarth's and Council- member Baumgartner's comments and that she felt in the long run the additional cost for concrete curbing would prove itself. Mayor Pickar stated that he felt Mr. Hall could enter into a development agreement with the minimum asphalt curbing required for drainage presently with possibly a 4 -5 year time frame to get cement curbing in around the property. He added that in taking into consideration the hardship of th.e cost, he did not have any problems with setting such a time frame. Mr. Hall replied that he did not feel he would need cement curbing, even in four or five years. He added that he does not have the traffic problems that the Launching Pad has and that he has made improvements to his parking lot as required. He requested that the Council review the situation in 4 -5 years to see if they still feel concrete curbing would be required. MSP Pickar- Ziebarth) to approve the City issuing a building permit to Charles Hall for the Mermaid Lounge and to adopt Resolution No. 893 authorizing execution of Development Agreement 78 -13 for the construction of the 24 lane bowling area as described in the plat presented by Mr. Hall, and further recommend the change in the drainage and the ponding area as discussed in Paragraph 1 of the Clerk-Administrator's memo dated 4/24/78 and further add that an asphalt curb be added to the parking area as determined by the Engineer as necessary, in order to direct the flow of water, and that baffling be required, and that it be replaced by concrete curbing around the entire structure within five years from this date. Approval would be contingent upon Rice Creek Watershed District approval. Councilmember Ziebarth asked if the motion would take into consideration the parking spaces variance required and the disparity of the 5' and 15' on the original plan on the far west green space. Councilmember Baumgartner replied that the road that April 24, 1978 Page 10 was originally planned would no longer be going through and that the 5' would be sufficient green space. He added that the Planning Commission handled the approval of the variances. MSP Pickar- Ziebarth) to amend the previous motion to include Ordinance #276, Chapter 25 that was adopted earlier. 4 ayes Mr. Hall asked if he would be required to put up the $55,000 for escrow. Administrator Achen replied that the City requires it to guarantee that the work gets completed. He added that they would refund portions of the money as the work is completed, and that they would withhold the amount required for concrete curbing, which would be approximately $12,000 until the curbing was installed. MSP (Baumgartner Rowley) that the occupancy permit not be issued for the Mermaid Lounge bowling alley addition until the developer has accomplished gravel land- scaping, outdoor lighting, trees and shrubs, construction of a catch basin ponding area and excavation, trash enclosure, sodding, and culvert extension, and that the bond or escrow amount be in the amount of $15,000. 4 ayes Councilmember Ziebarth stated that he was not happy with that approach since it really puts the developer in a bind to get everything done. Mr. Hall replied that he was willing to take his chances. He also pointed out that he is presently the highest paying liquor license owner in the State. Administrator Achen asked if the City has jeoporadized their position for requiring escrow amounts on other developments. Attorney Meyers replied that each case is different and that the Council would not have very good grounds for denying a liquor license because a concrete curb was not installed. Mr. Hall asked if the City would help him tie into the sewer running east and west on County Road H and asked if the City would put a line under County Road H to Rice Creek so he could tie into the line. Engineer Hubbard replied that the shortest route would be to install the catch basin on the east side of the driveway. He added that he would be willing to get together with Mr. Hall to work on it. DEVELOPMENT PROPOSALS BERG ADDITION SINGLE FAMILY LOTS Administrator Adler, reported that the Planning Commission had recommended approval of the request and that the Council had reviewed the preliminary plat and held a public hearing on October 24, 1977, and that the only step left was to approve the final plat. He added that the cash escrow would be $3,000, or $500 per lot and that the development agreement would fall under the current collection system. Mr. Buzzell, representative of the Berg addition, stated that he did not feel it should be mandatory that he put in drain tile on each lot. He added that he has already sold two of the lots so hp would have to pay the cost of the improvements on those two lots himself since he could not raise the price now. He added that he has never had a wet basement in any of the homes he has built in Mounds View. Mayor Pickar asked Building and Zoning Official Rose his opinion of the development. Official Rose replied that according to the Sundee report in the storm water plan, the elevation of the lots is 906' and that the contour in February 1976 was 902', and that it is policy that if water is found within 4' of the elevation, drain tile is required. He added that if there was a 6 or 8' safety margin, the drain tile requirement could be removed. He also stated that Mr. Sundee had remarked that the table could fluctuate 4 -8'. April 24, 1978 Engineer Hubbard added that the ground water wells have fluctuated and some are higher now than they were in February 1976. He stated that he felt 4' would be a reasonable margin to work with and that drain tile should be required for anything within 4' to insure that the basements did not have water. He added that if the developer planned on bulding at the 906' elevation, he should plan on putting in drain tile. Administrator Achen stated that in the Sundee report it is recommended that anything within the 4' contour have drain tile, and that anything above the 4' would not be required to be tiled. Engineer Hubbard agreed and added that if there is existing ground water within 4', drain tile should also be required. Councilmember Ziebarth expressed concern with the fluctuation of the water table and added that he would be more comfortable with a wider margin. He also asked why the developer chose to put drain tile in some basements but not others. Mr. Buzzell replied that he was concerned with pocketing water and that he had put drain tile in to be safe. Page 11 MSP (Baumgartner Rowley) to adopt Resolution No. 894 approving the subdivision of lands to be known as Berg Addition; to revise the Berg Addition development agreement as indicated in the memo from the Building Zoning Official to the City Council, dated 4/21/78, with Condition 3 being omitted and that the 906' elevation referred to in Condition 2 be raised to 907', and that Ordinance #276 applies; and to adopt Resolution No. 895 authorizing execution of Development Agreement 78 -14 with the afore- mentioned revisions. 4 ayes Administrator Achen recommended that Council include a motion regarding elevation. MSP (Baumgartner Ziebarth) that the minimum elevation of construction shall be 5' above the contour established in the Short, Elliott, Hendrickson report by the hydrologist Jerry Sundee or 5' above the existing ground water table, whichever is higher, and that where authorized by the Inspections Department to construct at an elevation below that for whatever reason, a drain tile system will be required. 4 ayes DEVELOPMENT PROPOSALS SET PUBLIC HEARINGS Administrator Achen stated that public hearings should be set and recommended that the Pleasant Acres hearing be set for May 8, the District 2 storm plan for May 22, and that a feasibility study for the extension of Edgewood Drive from County Road I north to Hillview Road be ordered. He added that hearings would be required for the Mounds View Square Addition, Dailey Knolls Plat, and Silver Lake Road improvements would have to be set at subsequent Council meetings. Official Rose added that the dates could be set but the Council might wish to review the feasibility studies before setting the hearings for Dailey Knolls and Silver Lake Road improvements. Engineer Hubbard added that a feasibility study could be ready for the May 22 meeting and that the public hearing could be held on June 12. MSP (Pickar Ziebarth) to set the following public hearings, Pleasant Acres at 7:40 PM on May R District 2 Storm Plan at 7:40 PM on May 22, Mounds View Development Company at 8:00 PM on May 22 and feasibility studies received at that time and Edgewood Drive public hearing at 7:40 PM on June 12, Mounds View Square Addition Plat at 7:50 PM for public improvements, Silver Lake Road improvements at 8:00 PM on June 12, and Dailey Knolls at 8:10 PM on June 12. 4 ayes Administrator Achen reported that Mr. Harstad had requested Council approval of development agreement 77 -10 and that Staff expects the public improvements to be completed by the end of May. He added that a cash performance bond has been posted. April 24, 1978 MSP (Rowley- Baumgartner) to adopt the amendment to Exhibit 2A, referring to Ordinance #276. Councilmember Ziebarth questioned if the water level would present any problems. He also recommended that the developers be made aware of the policy change. Engineer Hubbard replied that they would be made aware when they apply for a building permit and that it would be discussed with them at that time. MSP (Pickar Ziebarth) to order the feasibility study for the extension of Edge wood Drive between County Road I and Hillview Road. MTC ROUTES ON ARDAN -RED OAK- SPRING LAKE ROAD Administrator Achen stated that the City has received a letter from Mr. Grove offering five or six options to the bus problem on Ardan Avenue. He stated that from Staff's position he did not feel confident recommending any of the alternatives since the City is not sure what the useage is and recommended that the Council order 3 survey of the area, including all the intersecting streets between Spring Lake Road and Red Oak, and maybe even going one block past Red Oak and one block south of Ardan. He added that Councilmember Hodges had volunteered the Boy Scouts help in taking the survey door to door. He also stated that several calls have been received at City Hall regarding the buses. Page 12 4 ayes 4 ayes Mayor Pickar stated that he had also received several calls on the buses and that he believed a survey would be in order. MSP (Pickar Rowley) to direct the City Administrator to work out a survey sheet and implement the use of the Boy Scouts in carrying the survey to the required areas. 4 ayes Councilmember Ziebarth stated that he would like to see the survey done as quickly as possible. He stated that he also had received calls. ,Mr. Wambach stated that he would like a statement included in the survey about the park being there and stated that a petition had been presented to the Council some time ago asking for a stop sign, which was turned down, and they now had the buses. Administrator Achen replied that the survey would ask the people to explain whatever problems they had with the buses. David Notaro, 2749 Ardan Avenue stated that he had gone door to door in the neighborhood and spoke to the residents about the bus and that only one woman had been in favor of it, since she road it to work. He stated that he had come up with 40 some signatures of people against the bus. Mayor Pickar stated that the end result of the survey might prove that more input is needed from the residents and recommended a place be included for comments. He also stated that the Police Department had done a survey of the traffic on Ardan Avenue and found one bus to be 5 mph over the speed linit, one bus 1 mph over the limit and the remainder at the limit or under. Mr. Notaro recommended that the buses be required to travel slower than the rest of the traffic. He added that his three year old daughter had been playing in the middle of the street and a bus had to swerve to avoid her. He stated that he had spoken to Gary Van Riswick at the MTC who had said he would have signs posted regarding the children playing, but that no signs had yet been posted. April 24, 1978 Page 13 Administrator Achen replied that the City Council was the only body who could autho- rize the posting of signs and that the MTC had no control over it. He also reported that the Police Department had made some very strong statements about the children being allowed to play in the street when they had observed Ardan Avenue. He also explained that it was a local resident who had been caught speeding, and that the MTC drivers had been reprimanded and that the MTC has contacted their drivers to make sure they know to watch for children. Councilmember Rowley stated that she had read the Police report and that there definitely seemed to be a big problem with the children being allowed to play in the street. David Grove, 8449 Spring Lake Road stated that the comments and options he presented in his letter to the City did not represent the whole group of residents but only his immediate neighbors. He added that he felt the Council had the necessary input and was sympathetic to the situation. Administrator Achen stated that 45 days or so would have to be allowed to get the survey put .Jgether and distributed and back to City Hall. Mr. Grove stated that it was their fear that the longer the buses ran on their street, the harder it would be to get them to move and stated that he was not happy with the time lag. Mr. Notaro stated that he did not mean to push the buses off to another street but that since so few people are riding the bus, he believed the community is being used for the sake of the people just riding through the community. Mayor Pickar replied that that was why the survey was being taken and extended off Ardan Avenue to see just how many residents did ride the bus. METROPOLITAN AIRPORTS COMMISSION REQUEST FOR FEDERAL FUNDS Administrator Achen stated that he had not had time to prepare a resolution but requested that the Council take some action on the request. Russ Underdahl asked for a few minutes of the Council's time and stated that he was in partnership with Bill Beim and that they felt the City was making it more and more difficult each year to make a good development on a commercial basis. He stated that he had been contacted by the government about developing 53 acres of his land for a development for people who need help. Councilmember Baumgartner asked if the Council could have the name of the government agency and the person who had made the request. Mr. Underdahl replied that he would provide that information at a later date. Mr. Underdahl stated that he was willing to work with the City to make the most viable development for the community but that he was frustrated with the amount of time that it has taken. Administrator Achen replied that the City is also frustrated with the time it has taken. Councilmember Baumgartner added that the Planning Commission and City Council have sat through several meetings on the development and questioned what more they could do. April 24, 1978 Page 14 MSP (Pickar Ziebarth) to adopt in principle the resolution which the City Administrator will word regarding the MAC application for federal funds. 4 ayes INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL NO. 49 VACATION LEAVE GRIEVANCE Administrator Achen read the letter received from Local 49, dated April 18, 1978 and explained the process that has occurred so far. Councilmember Ziebarth stated that he still supports the stand they had previously discussed, that at the end of five years an employee would have two weeks of vaca- tion and that at the beginning of the sixth year, they would begin to accrue at the rate of three weeks per year. MSP (Ziebarth- Baumgartner) that it is the Council's understanding that at the end of five years an employee would have two weeks of vacation and that at the beginning of the sixth year, they would begin to accrue at the rate of three weeks per year. 4 ayes ADMINISTRATOR ACHEN'S REPORT Administrator Achen recommended that the Council raise Petersons' wage to $3.75 per hour retroactive to January 1, 1978. MSP (Pickar Rowley) to raise Petersons' wage to $3.75 par hour retroactive to January 1, 1978. 4 ayes Administrator Achen reported that Drake Insurance cancelled the city's Public Official Liability coverage and will refund approximately $4085 in prepaid premiums for the next two years. He added that the best quote to replace this coverage is $2252 from John H. Crowther, Inc. but that the policy would require a $2500 deductible while the Drake policy included only a $1000 deductible. Attorney Meyers recommended that within a few more years, the City could consider self- insurance coverage. Administrator Achen reported that the City has contributed to the PERA program for a CETA employee in the past and that they could come up with the funds elsewhere to pay the contribution. He added that the employee did not wish to pay the employees share out of his own fund and that Staff is considering making him a permanent employee in the next years budget, and could at that time go back and pick up the employees share of the contribution. MSP (Pickar Ziebarth) to not pay the PERA contribution. 4 ayes Mayor Pickar pointed out that if the individual becomes a permanent employee, the City could participate by going back and paying back the PERA for the period of time not covered. Administrator Achen reported that the finance officer applications are running behind what he had projected, since he had hoped to hold Council interviews beginning in May. Administrator Achen reported that he had received a phone call from Russell Paul, asking for the minutes of the meeting of the Public Communication committee that Jim Allen was appointed to. April 24, 1978 Page 15 Administrator Achen reported that Century Mercury has requested authorization to travel from their exit on Old Highway 8 in New Brighton to County Road H and then out onto Highway 10, due to road construction that is taking place in New Brighton, since the road is very rough and it would be easier for them to come out to County Road H for the time being. Administrator Achen reported that the Police Chief had reviewed the request and feels it would not be an undue burden. Administrator Achen reported that the City has received a planning assistance grant from the Metro Council. Administrator Achen stated that the County has inquired if the City would like to see a slide presentation on the tax process and that they would be willing to put on a special presentation if the City was interested. Mayor Pickar stated that he would be interested in seeing it at the beginning of an agenda session. ATTORNEY MEYERS' REPORT Attorney Meyers reported that there are presently three or four truck ordinance violations before the Court and that the Court seems to really be scrutinizing them. He added that the Court also has the Stimpson case under consideration. Attorney Meyers reported that he will be finishing up the brief for the Mounds View Square case by May 12. ENGINEER HUBBARD'S REPORT Engineer Hubbard reported that on March 27 the Council had approved the street sweeping bid of G &L Sealcoating but that in the 80 hours that they have been available to work, they have only worked 31 hours. He added that after two days, the owner had come to the City and requested that he be let out of the contract. Engineer Hubbard stated that he had checked with Attorney Meyers who advised that the City required G &L to pay the difference between his cost and that of Clean Sweep. However, G &L has indicated that they do not want to pay the difference and have continued to sweep. Engineer Hubbard stated that he was concerned with the amount of time that G &L has taken so far and stated that the contractor has not swept the streets in the manner that is satisfactory with the City, the citizens of Mounds View have shown an increased interest in the street sweeping, the prolonged time period to keep sweeping will delay other maintenance programs, the contractor has equipment that superficially met the specs but is not in good repair, and that the days that the operators have been late to work have tied up a truck and a city employee. Engineer Hubbard added that he had spoken to Clean Sweep and they could be in the City by the end of the week, and that they would have to increase their bid by five percent and the City would have to negotiate with G &L Sealcoating for a settlement. Engineer Hubbard estimated that it would cost approximately $3000 to finish the street sweeping, and that $3000 had been budgeted for. Attorney Meyers recommended that the City notify G &L Sealcoating in writing that they are terminating the contract and request them to submit a claim for services rendered. The claim could be presented to the Council who would decide if there are any off setting amounts they are entitled to. April 24, 1978 Page 16 MSP (Baumgartner Ziebarth) to terminate the contract with G &L Sealcoating and enter into a contract with Clean Sweep. 4 ayes COUNCILMEMBER ZIEBARTH'S REPORT Councilmember Ziebarth reported that there would be a Park and Recreation Department meeting on April 27 at 6:30 PM. COUNCILMEMBER BAUMGARTNER'S REPORT Councilmember Baumgartner expressed concern over AMM raising their yearly rate and suggested that a comment should be made at the AMM meeting. Councilmember Baumgartner reported that there would be a Planning Commission meeting on April 26 at 7:30 PM. COUNCILMEMBER ROWLEY'S REPORT Councilmember Rowley had no report. MAYOR PICKAR'S REPORT Mayor Pickar reported that Duane McCarty had requested a comment he made at the March 27 City Council meeting be removed from the minutes, the sixth paragraph on page 5, second sentence. MSP (Ziebarth Pickar) to remove the second sentence, sixth paragraph, page 5 from the March 27, 1978 City Council meeting minutes. MSP (Rowley Ziebarth) to adjourn the meeting at 1:25 AM. Respectfully submitted, Mark Achen Clerk /Administrator 4 ayes 4 ayes