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HomeMy WebLinkAboutMinutes - 1978/06/26A G E N D A Mounds View City Council June 26, 1978 1. Roll call of officials 2. Approval of minutes of regular meeting June 12, 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. Seal coating project specifications B. Set public hearing for Improvement Project 1978 -4 C. Minor subdivision of 7710 Woodlawn Drive D. Minor subdivision of 8394 Spring Lake Road E. Permanent deputy clerk and deputy treasurer F. Unused employee vacation G. Storm Sewer Advisory Task Force resignations and appointment H. Reschedule July 3 agenda session I. May activity reports J. Bills for payment K. Licenses for approval 5. Public hearings: (a) Project 1978 -5 Extension of Edgewood Drive (b) Mounds View Square Addition Preliminary plat and rezoning (c) Karlen's Addition Preliminary plat and rezoning (7:40 PM) (7:50 PM) (8:10 PM) 6. Zoning Code Chapter 40.06 Amendment of minimum area and building size regulations 7. Gale Addition preliminary plat 8. Minor subdivision of. 8456 Red Oak Drive 9. Conversion of 2732 Highway 10 dwelling to commercial office 10. On -sale liquor licenses Renewal agreements 11. Industrial waste strength charge for sanitary sewer billing Ordinance 12. Ramsey Soil Water Conservation Service Memorandum of understanding 13. Reports of officials 14. Adjournment CONSENT AGENDA June 26, 1978 The consent agenda is a technique desig:.d 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. Approve specifications for Project 1978 -7, Seal Coating, and authorize advertisement for bids to be opened at 10:00 AM July 17, 1978. This Project includes seal coating of city streets north of Trunk Highway 10 and west of Long Lake Road, except new streets constructed under Project 1973 -4, and city streets south of Trunk Highway 10 and west of Silver Lake Rd. ITEM B. Set public hearing for 7:40 PM, Monday, July 10, 1978, on Improvement Project 1978 -4, Mounds View Industrial Park No. 2. ITEM C. Approve, as recommended by the Planning Commission (6/14/78 minutes), the minor subdivision of James Staples to create two lots from property located at 7710 Woodlawn Drive. The existing parcel shall be divided into two lots, the south lot being 90.77 feet x 296.74 feet and the north lot 85 feet on the west line, 85.4 feet on the east line and 296.74 feet deep. A five foot easement shall be required on the rear line of both lots. ITEM D. Approve, as recommended by the Planning Commission (6/14/78 minutes), the minor subdivision of John C. Weinand to create two lots from property located at 8394 Spring Lake Road. The east lot fronting Spring Lake Road shall be 110 feet wide x 234 feet deep; the west lot fronting Pleasant View Drive shall be 80.72 feet on the western most line, 103.68 feet deep on the north line to a point where it extends north 30 feet and then west 66 feet, 110 feet on the east line and 159 feet on the south line. A variance of 4.28 feet shall be granted for the substandard frontage on Pleasant View Drive. The reasons for granting this variance are that the city approved this in concept when it approved the Rosenquist Addition and that the property has a sanitary sewer service stub for which it has been assessed. ITEM E. Confirm appointment by the Clerk- Administrator of Eva Melhouse as deputy clerk and Donald Brager as deputy treasurer. ITEM F. Authorize payment to Public Works Superintendent Larry Decheine for four weeks of unused vacation leave earned in 1974 and 1975. Payment shall be made in two installments: in fiscal year 1978 two weeks at the employee's 1974 salary rate and in fiscal year 1979 two weeks at his 1975 salary rate. The employee's vacation leave balance shall comply with the provisions of Chapter 6.24 of the Municipal Code effective upon his employment anniversary date in 1978. The City Administrator is directed to assure that all employees' vacation leave balances comply with the terms of Chapter 6.24 limiting carry -over accumulation to ten days. Consent agenda -2- June 26, 1978 ITEM G. Accept resignations of Walter Skiba and Dennis Quan from the Storm Sewer Advisory Task Force and confirm the appointment of Loie Halseth, 7666 Knollwood Drive, thereto. ITEM H. Reschedule the July 3 Council agenda session to 7:00 PM, Thursday, July 6. ITEM I. Receive ±-he May, 1978, activity reports of the city attorney, police, fire and nuisance abatement departments. ITEM J. Approve the June 26, 1978, bills for payment. ITEM K. Approve the following licenses: SET UPS expire 6/30/79 renewals Bel Rae Ballroom 5394 Edgewood Drive RESTAURANTS expire 6/30/79 renewals Anchor Inn 2400 Co. Rd. H -2 Country Kitchen 2145 Highway Ave. McDonald's 2201 Highway 10 CONTRACTORS expire 6/30/78 General G -P Construction 1624 Concordia Ave. President Homes 4808 No. Lilac Dr. Htg Air Conditioning Air Comfort 3944 Louisiana Circle Ray N. Welter Htg. 4637 Chicago Ave. AA -1 Furnace Cleaning 2716 Nicollet Ave. Bel Rae 5394 Edgewood Dr. Donatelles Launching Pad 2400 Highway 10 2375 Highway 10 Mermaid Perkins 2200 Highway 10 2214 Highway 10 new Chet Maciaszek 2030 159th Lane N.W. Anoka, MN 55303 Milton L. Johnson Co. 2513 Central Ave. N.E. Minneapolis, MN 55418 CONTRACTORS expire 6/30/79 renewals General Masonry Northland Concrete 11990 Riverwood Dr. Burnsville, MN 55337 Bob Carlson Homes 1061 109th Ave. Western Construction 6950 Wayzata Blvd St. Marie Sheet Metal 7940 Spring Lk Rd Standard Htg A/C 410 W. Lake St. Bridgeman's 2535 Highway 10 Gorco Construction 3384 Brownlow Ave. Dailey Homes 8510 Central Ave. Suburban Air Cond. 8419 Center Dr. Northeast Sheet Metal 4347 Central Ave. N.E. Consent Agenda ITEM K. (continued) Masonry Leo Sanders Concrete Stone Masonry Crete -Wood Const. 7813 Jackson St. 2101 105th Ave. 1705 Radisson Rd. Blacktopping /Asphalt Northern Asphalt Dependable Htg A/C Lino Lakes Blacktop 11064 Raddison Rd 14123 Prairie Rd 502 Lilac St. Central Allied Asphalt Asphalt Driveway Co. 10250 Xylite St. N.E. 1211 E. Highway 36 Movers Badger Movers Inc. 3550 Grimes Ave. N. Sewer Water Maplewood Sewer Water 1909 Clarence Street -3- June 26, 1978 Water Softener Install. Culligan Water Conditioning North St. Paul, MN PROCEEDINGS OF THE CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA A regular meeting of the Mounds View City Council was called to order by Mayor Pickar at 7:30 PM on June 26, 1978 at the Mounds View City Hall, 2401 Highway 10, Mounds View, Minnesota 55112. Members Present: Also Present: Mayor Pickar Clerk /Administrator Achen Councilmember Ziebarth Attorney Meyers Councilmember Hodges Engineer Hubbard Councilmember Baumgartner Councilmember Rowley MSP (Hodges- Baumgartner) to approve the minutes of the June 12, 1978 meeting. 5 ayes CITIZENS COMMENTS AND REQUESTS David Notaro, 4/49 Ardan Avenue stated that on May 27, June 16 and June 25, the storm sewer system on Ardan Avenue had failed, sending water into his back yard and he expressed concern that another heavy rain would result in water in his home and asked the Council for any help possible. Engineer Hubbard replied that he had looked at the existing capacity of the sewer lines to see if there were areas that ponding could be created to relieve the situation. He added that he had looked at what size pipe would be required but had not checked into cost yet. Councilmember Baumgartner added that the cost would have to be passed on to the property owners in the way of assessments. Mayor Pickar stated that there was no simple solution to the problem. Councilmember Hodges asked how long it would take to come up with some alternatives to work with. Engineer Hubbard replied that he would have to do some field checking and also check with the property owners to see if they would be willing tosell the. necessary land for ponding. He added that a study would take an engineering firm at least three weeks. Councilmember Rowley asked where the money for a study would come from. Administrator Achen replied that it would depend upon how much money was needed and what the balance of the SDM fund was. Councilmember Baumgartner pointed out that the Council has gone the same route before, since they hired the firm of Comstock and Davis in the spring of 1975, with their solution being basically to move the problem around. He added that $37,000 was spent on the study and there still are problems. Councilmember Baumgartner stated that the whole problem was going to have to be faced, not just one section at a time. Bill Doty, 3049 Bronson, asked if the engineering firm had stated they could not guarantee dry basements. Councilmember Baumgartner replied that the City could build a $30,000,000 system that would work, and that a $6,500,000 system would not take June 26, 1978 Page 2 care of 100% of the problems, but that it was the only solution he could see. Neil Loeding, 5046 Longview Drive stated that he was under the impression the Task Force was allowed to make recommendations on Project 1978 -1 before the City Council voted on it. Mayor Pickar replied that they were not voting on Project 1978 -1. Councilmember Baumgartner pointed out that the Task Force has recommended a tem- porary solution of the City paying for storm and flood insurance, and stated that the City is not in the business of paying insurance for peoples homes. Mr. Notaro stated that citizens should be able to expect certain services from a City, such as a proper drainage system. Councilmember Baumgartner replied that he certainly agreed that a proper drainage system was required. Vern Conaway, 5101 Brighton Lane stated that he has a water problem which he would like the Council to take care of. Engineer Hubbard replied that he had made the recommendation that Project 1978 -1 be approved, which would have helped Mr. Conaway. Councilmember Ziebarth stated that for Mr. Notaro's problem, he was exhausted with comments. He stated that he did not feel the City should look for temporary solutions since there was a permanent solution available, dependent upon the cost. He stated that one solution would be to run pipes south, pipes that would run parallel, pipes that would run east, or a holding pond. He added that he would like input from the Task Force. Mr. Loeding stated that the whole thing was premature, as he felt the Task Force should discuss it first. He added that he could not see any other alternatives, other than what Councilmember Ziebarth had suggested, and recommended considering the amount of time needed to implement each improvement. Councilmember Rowley asked when the Task Force would be ready to discuss the problem and make a recommendation. Mr. Loeding replied that the Task Force was ready to discuss the problem the previous week at their weekly meeting but the City Engineer had not been able to spend the time with them. Councilmember Baumgartner replied that the Task Force should be able to make decisions and recommendations and not wait for the City Engineer. Councilmember Ziebarth stated he could not forsee any permanent improvements being put in during the present year, due to time problems, a feasibility study and so forth. Mr. Conaway stated he wanted a solution now and that the situation should be relieved temporarily. Councilmember Ziebarth pointed out that what might relieve Mr. Conaway's problem could cause problems for someone else. He also stated that if the City Engineer did not have time to look at the solution, a professional firm should be hired. Councilmember Hodges stated that he agreed with Councilmember Ziebarth's comments. Mayor Pickar stated that he felt it was not the ideal solution but that he did agree some type of study should be done. Councilmember Baumgartner asked where the money would come from if an engineering study was done on each problem, on an individual basis. June 26, 1978 Page 3 Mr. McCarthy asked why the City couldn't use their own engineer. Councilmember Ziebarth replied that the Engineer has an extremely busy schedule and that for the past week had been working with the Maintenance Department preparing for the festival, among other things. Mr. McCarty asked who gets first chance at the engineer, the single property owners or developers. Engineer Hubbard replied that he has an Pxtremely busy schedule since he is administrator of the public works department, and gives direction on a day -to -day basis, as well as a week -to -week basis, is in charge of preparing the budget and expenditures for that department, and in charge of the storm sewer, water and maintenance duties, as well as the engineering department. He added that he is responsible for written reports to the Council, which have deadlines, works with the Task Force and spends time during the week preparing for his meetings with them, conducts studies in the field, checks surveys and plottings, as well as studying problems around town. Engineer Hubbard added that many of the deadlines he has to meet were established some time ago and cannot legally be broken, such as preparation for public hearings. Mr. McCarty stated he was sure there were subordinates who could take some of the work load off Engineer Hubbard so he could be freed up to work with the Task Force. He added that the Council should honor their commitment to the Task Force of having the engineer available to work with them, and that developers should be told to wait. Administrator Achen replied that Engineer Hubbard is not working only for developers and that he was hired to accomplish all the things that the maintenance director could not. He added that he was hired for his technical background, with the intent of relieving the maintenance director of some of his many duties. Admini- strator Achen added that Engineer Hubbard works an incredible amount of hours each week, often on Saturdays and Sundays and is on call. Mr. McCarty replied that the City Engineer should put the citizens first before developers. Administrator Achen replied that the Engineer has spent 90% of his time working on problems that are not development related, and that Mr. McCarty is implying that Engineer Hubbard is working for the developers first, and that they could check with any developer in the City to see what they have to say, since the City sets very rigid standards for all developers to meet. Councilmember Rowley added that Engineer Hubbard prepares technical reports for the Council to advise them of each development, which is a necessity to the Council. She added that there is a limit to the amount of time the Engineer can spend with the Task Force. She also pointed out that the Council is prep.red to hire an Engineer that the Task Force will be able to work with. Barb Haake stated that as a citizen, she was concerned with what she was seeing happen between the citizens and Council, with the friction and disagreement. She suggested that if another study is to be done, the Task Force could suggest different firms and work with them to come up with solutions to the problems, or even hire a couple civil engineers, on a temporary basis of a year or so and put them on the City payroll. Mayor Pickar stated that Mr. Notaro's problem would be discussed at the next agenda session. June 26, 1978 Page 4 Councilmember Baumgartner stated that it had come to his attention two weeks ago that Dennis Quan had made a statement to Ron Kaliszewski, of the State Planning Agency, that he had unquestionable proof that there is a member or members of the Mounds View City Council taking money from contractors for favors on votes. Councilmember Baumgartner stated that upon hearing that, he had contacted Mr. Kaliszewski, who confirmed that Mr. Quan had made that statement to him. Council- member Baumgartner stated that he then contacted the Ramsey County Attorney, who advised him that it is the responsibility of Mr. Quan or any other citizen with that information to make the information available to the Ramsey County Attorney. Councilmember Baumgartner suggested that Mr. Quan be at the Ramsey County Attorney's Office at 8:00 AM Tuesday morning June 27 to give him that information. He added that he will be in touch w4th that office every day during the week and if no one comes forth by then, he will request the Ramsey County Attorney to investigate the matter. Councilmember Baumgartner asked Mr. Quan if he would like to respond. There was no comment. Mayor Pickar recessed the general meeting and opened the public hearing for Project 1978 -5. PROJECT 1978 -5 EXTENSION OF EDGEW00D DRIVE Engineer Hubbard reported that the estimated cos+ of the project would be $84,800, with the area being that on Edgewood Drive between County Road I and Hillview Road. Engineer Hubbard pointed' out on the City map the area to be covered and two alter- natives he would recommend, and presented the costs of those two alternatives. Engineer Hubbard stated he would not recommend the Council approve the project until the storm sewer improvements were made. Mayor Pickar recommended that a public hearing be held to resolve the issue. MS (Pickar Rowley) to set a public hearing for 8:00 PM on July 10, 1978 and postpone action on 1978 -5 pending the outcome of that hearing. Councilmember Rowley asked if the people in the areas covered by both alternatives would be notified. Mayor Pickar replied that they would contact the larger area. Councilmember Ziebarth asked if the project would resolve the problem at County Road I and Jackson. Engineer Hubbard replied that it would not necessarily but that the problem area could be included. Mayor Pickar stated h?. was withdrawing his previous motion. Councilmember Rowley agreed to withdraw her second. MSP Pickar- Rowley) to set a public hearing for Project 1973 -5A for 8:00 PM on July 10, 1978, to include the area discussed by Engineer Hubbard, the entire length of Jackson Drive and the area benefitted, and continue the hearing for Project 1978 -5 to the same time. 5 ayes Administrator Achen clarified that the Council is ordering the expansion of the feasibility study on Project 1978 -5 to include the storm sewer on Jackson between County Road I and Oakwood. Councilmember Rowley reported that she had received word from Dennis Laeizel, 2288 Pinewood Drive, that he had had flood problems twice already during the summer and wanted it to be made known to the City. June 26, 1978 Page 5 Mayor Pickar closed the public hearing and opened the next public hearing. MOUNDS VIEW SQUARE ADDITION PRELIMINARY PLAT AND REZONING Mayor Pickar stated that the hearing would be directly affected by Project 1978 -5. Engineer Hubbard added that the Council should not take any final action until the storm sewer improvements were ordered. Mr. Olson stated that he and Mr. Eigenheer last been before the Planning Commission in April, where the issue was tabled pending a decision on the storm sewer and Edgewood Drive. Mr. Oison pointed out on the plot plan that there is an existing subdivision to the east, a swampy area to the north, Edgewood Drive on the west and County Road I on the south, and showed on the plot plan what they have planned. Councilmember Baumgartner expressed concern with how the lots would drain, since the lots that would drain south would add to the problems already in that area. Mayor Pickar pointed out that Staff had recommended a sketch plan and asked why Mr. Eigenheer and Mr. Olson had not decided to go with it, since it added one extra lot and did not require any variances. Mr. Eigenheer replied that the Staff plan did not take into consideration the contour of the land, since some lots would require a good deal of fill, whereas with his plan he would only have to fill in three lots. He added that with Staff's plan, he most likely would have to tax forfeit the four lots due to the expense of filling them. Mayor Pickar asked why they could not fill the lots on the Staff plan, as they would have to fill those same lots on their own plan. Mr. Eigenheer added that they also did not like the depth of the lots on the sketch plan. Mayor Pickar pointed out that with Staff's plan they would be gaining one more lot. Engineer Hubbard pointed out that if the roadway was shifted 5' to the south on Mr. Eigenheer's plan, all the lots would meet code. Mr. Olson stated that the Council must remember that this is what the developer wants to do, and unless there are major problems, he should be allowed to do it. Administrator Achen expressed concern that enough fill would not be brought in for the lots, which would contribute to the water problems. Mr. Olson replied that the drainage would be taken care of. Councilmember Rowley stated that there were many drainage problems that would have to be solved first, and that also, if and when the preliminary plat is approved, there are two variances required and that developers have been turned down in the past for not showing hardship. Councilmember Rowley asked if that hardship would have to be shown in this case. Attorney Meyers replied that it would, and that it would have to be proven that it was an unsolveable problem before a variance could be granted. He added that if the Council were to grant a variance without applying the test the courts have applied, it would weaken the City's position for enforcing variances later. Mr. Eigenheer stated that the variances required were small variances. Administrator Achen pointed out that if the houses were to face on County Road I, traffic in the future would be getting heavy enough that the residents would have a hard time getting out onto County Road I. He added that the drive should come in from the same direction the house faces. June 26, 1978 Page 6 Charles Mechtel, 5533 St. Michael Street stated that his property adjoins to the proposed development and expressed concern that the houses would be facing different directions and not be in conformity, and asked how much the grading would be changed. Mr. Eigenheer replied that it would be 4 to 1, or somewhat less. He added that they will be trying to save the trees. Mr. Mechtel stated that Dailey Homes had done a very poor grading job and that he did not want to see it happen again. Councilmember Baumgartner asked if they had received permission from the St. Paul Water Works to put the driveway on Lot 10 over their system. Mr. Olson replied that they had. Councilmember Baumgartnerstated if Lot3 was brought up to code, he was still concerned with the variance for the road, since a 60' road was required and only a 50' road planned. Councilmember Rowley stated that she had a problem with the variances and even if they were eliminated, there were several drainage problems that would have to be taken care of. Councilmember Ziebarth stated he agreed with the problems mentioned. Councilmember Hodges stated that he also agreed. Mrs. Kurl of St. Michael Street asked if the property was going to be rezoned and expressed concern with adding more rental property. Mayor Pickar replied that the land had not been rezoned yet. Mr. Eigenheer added that only five lots would be rezoned, and that those lots were on County Road I, with apartments and a store across from them. Glen Westerheim, 2286 Bronson stated that at one time there was an alley between Lambert and Bronson, which now seems to be lost, and asked the Council to make sure that it didn't happen again. Kathy Roth, 5108 Sunnyside stated she would like to see the City solve the existing water problems before they approve developments and cause more problems. Mr. McCarty asked who the cost of the improvements would go to if the road is put through to the east. Attorney Meyers replied that it would be assessed to the benefitted properties. MSP (Pickar Ziebarth) to continue the hearing until 8:15 PM on July 10, 1978, to follow the hearing on Project 1973 -5; that the variances on Block 1, Lot 3 and Block 1, Lot 12 and the road easement be removed from the preliminary plat. 5 ayes Attorney Meyers stated that the hearing was for both preliminary plat approval and rezoning and another notice would not be sent out. Mayor Pickar recessed the public hearing and opened the next public hearing. KARLEN'S ADDITION PRELIMINARY PLAT AND REZONING MSP (Rowley Pickar) to continue the hearing to 8:20 PM on July 24. 1978, pending the outcome of Project 1978 -6. 5 ayes rt, June 26, 1978 Page 7 Peter Sargent asked if the Task Force had received a copy of the project. Admini- strator Achen replied the information on the three public hearings was to be discussed at the last Task Force meeting but it was his understanding that they did not allow time to discuss the projects. Engineer Hubbard pointed out that the Mounds View Square addition was originally discussed in March, and that the Karlen addition is a minor subdivision which does not fall under Resolution No. 892. Mayor Pickar stated that if the Task Force runs out of time at their meetings to discuss all the projects, they can stop by City Hall during the day to pick up the information. Mayor Pickar closed the public hearing and reopened the regular meeting. CITIZENS COMMENTS AND REQUESTS (CONTINUED) Ron Kritzic, 2512 County Road H2 expressed concern with the speed limit along County Road H2, since it is 40 mph from Silver Lake Road to Highway 10, but 30 mph on most other city streets. He added that his dog had been hit the previous week by a driver who could not stop in time. Mayor Pickar pointed out that it is a County road, and that any requests would have to be directed to the County. Administrator Achen added that in order for the City to request the County change a speed limit, a resolution must be adopted. Councilraember Ziebarth asked if a petition from the residents would be of any help. Attorney Meyers replied that it could back up the resolution. Councilmember Ziebarth then expressed concern that the petition be clearly worded so people would know what they where signing. Mayor Pickar asked that a petition from the citizens be presented at the next Council meeting and in the meantime, the Council would prepare the resolution. APPROVAL OF THE CONSENT AGENDA MSP (Baumgartner- Hodges) to approve the consent agenda as follows: 5 ayes ITEM A. Approve specifications for Project 1978 -7, Seal Coating, and authorize advertisement for bids to be opened at 10:00 AM July 17, 1978. This Project includes seal coating of city streets north of Trunk Highway 10 and west of Long Lake Road, except new streets constructed under Project 1973 -4, and city streets south of Trunk Highway 10 and west of Silver Lake Rd. ITEM B. Set public hearing for 7:40 PM, Monday, July 10, 1978, on Improvement Project 1978 -4, Mounds View Industrial Park No. 2. ITEM C. Approve, as recommended by the Planning Commission (6/14/78 minutes), the minor subdivision of James Staples to create two lots from property located at 7710 Woodlawn Drive. The existing parcel shall be divided into two lots, the south lot being 90.77 feet x 296.74 feet and the north lot 85 feet on the west line, 85.4 feet on the east line and 296.74 feet deep. A five foot easement shall be required on the rear line of both lots. June 26, 1978 ITEM D. Approve, as recommended by the Planning Commission (6/14/78 minutes), the minor subdivision of John C. Weinand to create two lots from property located at 8394 Spring Lake Road. The east lot fronting Spring Lake Road shall be 110 feet wide x 234 feet deep; the west lot fronting Pleasant View Drive shall be 80.72 feet on the western most line, 103.68 feet deep on the north line to a point where it extends north 30 feet and then west 66 feet, 110 feet on east line and 159 feet on the south line. A variance of 4.28 feet shall be granted for the substandard frontage on Pleasant View Drive. The reasons for granting this variance are that the city approved this in concept when it approved the Rosenquist Addition and that the property has a sanitary sewer service stub for which It has been assessed. ITEM E. Confirm appointment Ly the Clerk- Administrator of Eva Melhouse as deputy clerk and Donald Brager as deputy treasurer. ITEM F. Authorize payment to Public Works Superintendent Larry Decheine for four weeks of unused vacation leave earned in 1974 and 1975. Payment shall be made in two installments: in fiscal year 1978 two weeks at the employee's 1974 salary rate and in fiscal year 1979 two weeks at his 1975 salary rate. The employee's vacation leave balance shall comply with the provisions of Chapter 6.2A of the Municipal Code effective upon his employment anniversary date in 1.978.. The City Administrator is directed to assure that all employees' vacation leave balance., comply with the terms of Chapter 6.24 limiting carry -over accumulation to ten days. ITEM G. Accept resignations of Walter Skiba and Dennis Quan from the Storm Sewer Advisory Task Force and confirm the appointment of Loie Halseth, 7666 Knollwood Drive, thereto. Reschedule the July 3 Council agenda session to 7:00 PM, Thursday, July 6. Receive the May, 1978, activity reports of the city attorney, police, fire and nuisance abatement departments. Approve the June 26, 1978, bills for payment. ITEM K. Approve the following licenses: SET UPS expire 6/30/79 renewals Bel Rae Ballroom 5394 Edgewood Drive RESTAURANTS expire Anchor Inn 2400 Co. Rd. E -2 Country Kitchen 2145 Highway Ave. McDonald's 2201 Highway 10 ITEM H. ITEM I. ITEM J. 6/30/79 renewals Bel RAP Bridgeman's 5394 Edgewood Dr. 2535 Highway 10 Donatelles Launching Pad 2400 Highway 10 2375 Highway 10 Mermaid Perkins 2200 Highway 10 2214 Highway 10 Page 8 June 26, 1978 CONTRACTORS expire 6/30/78 new General Chet Maciaszek 2030 159th Lane N.W. Anoka, MN 55303 Milton L. Johnson Co. 2513 Central Ave. N.E. Minneapolis, MN 55418 CONTRACTORS expire 6/30/79 renewals General G -P Construction 1624 Concordia Ave. President Homes Western Construction Dailey Homes 4808 No. Lilac Dr. 6950 Wayzata Blvd 8510 Central Ave. Htg Air Conditioning Air Comfort St. Marie Sheet Metal Suburban Air Cond. 3944 Louisiana Circle 7940 Spring Lk Rd 8419 Center Dr. Ray N. Welter Htg. Standard rltg A/C Northeast Sheet Metal 4637 Chicago Ave. 410 W. Lake St. 4347 Central Ave. N.E. AA -1 Furnace Cleaning 2716 Nicollet Ave. Masonry Leo Sanders Concrete Stone Masonry Crete -Wood Const. 7813 Jackson St. 2101 105th Ave. 1705 Radisson Rd. Blacktopping /Asphalt Northern Asphalt Dependable Htg A/C Lino Lakes Blacktop 11064 Raddison Rd 14123 Prairie Rd 502 Lilac St. Central Allied Asphalt. Asphalt Driveway Co. 10250 Xylite St. N.E. 1211 E. Highway 36 Movers Badger Movers Inc. 3550 Grimes Ave. N. Sewer Water Maplewood Sewer Water 1909 Clarence Street Masonry Northland Concrete 11990 Riverwood Dr. Burnsville, MN 55337 Bob Carlson Homes Gorco Construction 1061 109th Ave. 3384 Brownlow Ave. Water Softener Install. Culligan Water Conditioning North St. Paul, MN Page 9 ZONING CODE CHAPTER 40.06 AMENDMENT OF MINIMUM AREA AND BUILDING SIZE REGULATIONS Administrator Achen reported that the Planning Commission, at its June 14 meeting recom- mended an addition to Chapter 40.06, Subdivision B (3), to include that all interior lots classified R -1, which are proposed for minor subdivision, one lot into two, a variance can be granted where the lot frontage will not be less than 75' and the total area will not be less than 100% of the minimum square footage as stated in Subdivision B, Section 2, with existing buildings and any proposed building development being required to meet all setback requirements. explained that the addition would allow the °u�r!ivision of minor Administrator Achen n ex,a subdivision lots which cannot meet the minimum frontage requirement and also not show proof of hardship for the establishment of another single family buildable lot. June 26, 1978 Page 10 Councilmember Baumgartner stated he would like to have major subdivisions go back before the Planning Commission for discussion. Administrator Achen replied that they did look at major subdivisions also but chose to only cover minor subdivisions. MSP (Pickar- Hodges) to adopt Ordinance No. 280 amending Chapter 40.06 "Zoning, Area and Building Size Regulations" of the Municipal Code. GALE ADDITION PRELIMINARY PLAT Administrator Achen reported that Mr. Gale had originally come before the Planning Commission on December 14, 1977 and requested to subdivide two lots fronting on Ardan Avenue and Groveland Road into four lots. The request was approved by the Council on February 27, 1978, without a 30' easement. Mr. Gale then came back to the Planning Commission on June 14 and requested five buildable lots along Ardan Avenue, which the Planning Commission recommended approval on, creating six lots, with the provision that the recording and development of the plat be postponed until the Ardan Avenue drainage system is relieved. The request is now before the Council again for approval. Mr. Sjodin expressed concern with the time table for solving the water problems. Councilmember Rowley replied that she was sure the Task Force would be interested in looking at the proposed development. Mr. Sjodin also stated that a discussion on easements that had taken place at the February 27 meeting had not been included in the minutes. Mr. Sargent stated that the Task Force would like to look at the development. Mr. Loeding asked when Engineer Hubbard would be available to work with the Task Force. Engineer Hubbard replied that he would be able to come up with some figures for the Task Force to work with. MSP (Pickar- Hodges) to use the SDM charge to have a feasibility study done on the drainage problems on Ardan Avenue by the firm of Short, Elliott, Hendrickson. A rollcall vote was taken: Councilmember Baumgartner nay Councilmember Rowley aye Councilmember Ziebarth nay Councilmember Hodges aye Mayor Pickar aye Councilmember Baumgartner stated that he had voted against the motion as the Task Force has indicated they will not work with Short, Elliott, Hendrickson and that he is afraid that whatever recommendations or conclusions SEH comes up with, the Task Force will not accept it. Councilmember Ziebarth stated that he agreed with Councilmember Baumgartner and that he felt the City was digging itself into a hole. Mr. Westerheim requested that all further development approval be postponed until a new engineer is hired. He added that cooperation should exist between the Task Force and Council. 5 ayes 3 ayes 2 nays June 26, 1978 Page 11 Charlotte Forslund,7886 Sunnyside Rd stated that she would like to see a professional planner hired rather than an engineer. Mr. McCarty asked if the Council felt SEH would be fair in doing the feasibility study. Mayor Pickar replied that they are a reputable engineering firm. Councilmember Rowley added that she was sure SEH would realize they wouldrhave nothing to gain by proposing another 1978 -1. Engineer Hubbard added that they will work on finding a suitable alternative to solve the problems and that SEH needs the work as much as anyone else does and would not jeopradize their chances. Administrator Achen reminded the Council that they must keep the water problems in mind on the Gale addition. Mayor Pickar added that the drainage system must be relieved before final approval can be given. Mr. Sjodin stated that some engineering firm should be able to solve the problems now, and that Engineer Hubbard should be able to take the data from the SEH report and make a recommendation. Mayor Pickar replied that Engineer Hubbard did not have the time before he leaves to do that, which is why a consulting firm is being hired. Engineer Hubbard pointed out that 1978 -1 would have solved the problems. Mr. Loeding stated that he felt the problem was a philosophical one, in that engineering firms would all think the same. MSP (Rowley Pickar) to amend the previous motion to include that they study the three alternatives of holding ponds, parallel pipes or replacing pipes. 5 ayes Mr. Sjodin asked if the Council has ever had another engineering firm look at the SEH report and see what they would recommend. Mayor Pickar replied that to his knowledge they hadn't. Mr. Sargent requested that the Council pay for flood insurance for the property owners until solutions could be worked out. Mayor Pickar replied that the item was on the agenda later and would be discussed at that time. MINOR SUBDIVISION OF 8456 RED OAK DRIVE Mayor Pickar reported that the applicant has requested to divide a lot 150' wide by 264' deep into two equal 75' wide by 264' deep lots. Mayor Pickar explained that prior to action earlier, the applicant would have had to prove hardship for the variances to be granted. MSP (Pickar Ziebarth) to authorize the lot split for two 75' wide by 264' deep lots which meet the area square footage requirements. 5 ayes CONVERSION OF 2732 HIGHWAY 10 DWELLING TO COMMERCIAL OFFICE Tom Budzynski explained that he has purchased the property at 2732 Highway 10 and plans to convert the house into an insurance and real estate office. He added that they will be upgrading the property considerably and plan to put a new front on the house, and put in plantings and landscaping. Mr. Budzynski reported that the welding shop will remain for another two years as the previous owner has a two year lease, and will retain the garage. He added that they plan on two signs, 4x8 and 2x6, and eventually plan to build an office building on the site. June 26, 1978 Page 12 Councilmember Baumgartner reported that in the Planning Commission motion, the drive- way cover was recommended to be temporary for the first year, then permanently surfaced. Mr. Budzynski replied that he will be using landscaping timbers in the lot now and within the next year will know what they are going to be doing and will be able to put the permanent paving in. Mayor Pickar pointed out that the City has recommended another hydrant be installed on the property. Mr. Budzynski replied that H will be petitioning to have the services brought closer in. Councilmember Ziebarth asked what type of landscaping would be done. Mr. Budzynski replied that there are several trees on the property, which will be kept, and that the grass will be cut and a deck put in, with landscaping ar w nd it and along the house. He added that they will have flower gardens and will build a flower box into the sign. Councilmember Ziebarth asked if there would be any problems with access onto Highway 10. Mr. Budzynski replied that he had checked with the State and had b^Qn told that they did not anticipate any problems now, but that he will have to check with the State again when the plans for the new building are further along. Councilmember Ziebarth asked if the signs will meet ordinance requirements. Mr. Budzynski replied they would. Councilmember Ziebarth also expressed concern with how long a time period should be required before the permanent paving is put down. Administrator Achen replied that Staff is concerned that the developer be committed to having permanent paving. Mr. Budzynski added that he also owns the adjoining lot and due to the price of property and taxes, plans on doing something with the property quickly. Councilmember Ziebarth asked if there would be any drainage problems. Engineer Hubbard replied that Mr. Budzynski will not be adding anything to the property but will have to contribute to the SDM charge. MSP (Baumgartner Ziebarth) to approve the request of Thomas Budzynski and that the parking spaces be 92' wide by 20' deep, the driveway and parking area may be surfaced with suitably sized crushed rock and that the City will require permanent paving and curbing and City water service within the next two years or when the new office building is constructed, whichever comes first. A development agreement will be drawn up between the applicant and the City. 5 ayes MSP (Baumgartner- Hodges) to amend the previous motion to remove the City water service requirement. 5 ayes ON -SALE LIQUOR LICENSES RENEWAL AGREEMENTS Attorney Meyers reported that he had prepared two agreements, one for Donatelle's requiring a sprinkling system in the lower level by April 30, 1979 and one for the Anchor Inn, requiring them to be responsible for all expenses incurred by the City for cleaning the sewer lines of grease, with $3,000 for expenses. Engineer Hubbard added that the City will be cleaning the system monthly. MSP (Rowley Ziebarth) to authorize the Mayor and Clerk /Administrator to enter into agreements with the respective owners of Donatelle's and the Anchor Inn. 5 ayes June 26, 1978 Page 13 Administrator Achen reported that the Launching Pad has indicated they do not want to do anything further than repairing the fence. INDUSTRIAL WASTE STRENGTH CHARGE FOR SANITARY SEWER BILLING ORDINANCE Engineer Hubbard reported that there are presently no businesses in Mounds View to which this ordinance would apply. However, the federal government requires that all cities within the Metropolitan Waste Control Commission's jurisdiction adopt these regulations. Mayor Pickar stated that the issue would be discussed further at the next meeting, after Attorney Meyers has had a chance to review the wording of the ordinance. RAMSEY SOIL AND WATER CONSERVATION SERVICE MEMORANDUM OF UNDERSTANDING Mayor Pickar reported that there will be no charge for the services offered by the Ramsey Soil and Water Conservation Service, and that if Council approves the agree- ment, soil tests for Project 1978 -6 would be ordered immediately. MSP (Pickar Rowley) to adopt the memorandum of understanding between Mounds ?iew and the Ramsey Soil and Water Conservation Department. ADMINISTRATOR ACHEN'S REPORT Administrator Achen reported that Engineer Hubbard's resignation would be effective July 14, 1978 and Building Inspector Jim Dickenson's resignation would be effective June 27, 1978. MSP (Pickar Ziebarth) to accept the resignations of Engineer Hubbard and Building Inspector Dickenson. Councilmember Ziebarth stated he has enjoyed working with Engineer Hubbard. Mayor Pickar added that he would like to thank him also for everything he has done for the City. MSP (Ziebarth- Hodges) to appoint William J. Myers, 1967 Grand Avenue, St. Paul temporary senior accounting clerk, at a rate of $4,50 per hour, effective June 28, 1978. Administrator Achen asked for Council's authorization inspector, not to exceed four weeks at an hourly rate Achen added that the City is right in the middle of that he hopes to have a recommendation to the Council that person to hopefully start July 24 or August 1. MSP (Hodges- Ziebarth) to hire a temporary building inspector for four weeks, at an hourly rate of $6.50. Administrator Achen reported he had received notice from 320 Teamster's Union Arbitration Award, regarding police employees and that he was in the process of reviewing it. Administrator Achen reviewed the benefits and raises the award would be giving police employees and strongly urged the Council to take a hard look to hire a temporary building of $6.50. Administrator the construction season, and at the July 10 meeting, with 5 ayes 5 ayes 5 ayes 5 ayes June 26, 1978 ATTORNEY MEYERS' REPORT Attorney Meyers reported that he would be out of town the last week in July and first week in August and would have an associate available if the City needed one. COUNCILMEMBER BAUMGARTNER'S REPORT Councilmember Baumgartner reported that there would be a Planning Commission meeting on June 28 at 7:30 PM. COUNCILMEMBER ROWLEY'S REPORT Councilmember Rowley reported that the Lakeside Park Commission and Ramsey County are looking at Lakeside Park and will be meeting with Spring Lake Park to get ideas. Page 14 during this session of the Legislature to have changes in the statute regarding police employees. Administrator Achen reported that the Park and Recreation Department has requested Council authorization for a Minnesota State Art Board grant for funding a community choir, for $4,400. The City would be required to provide $500 in cash and $2,129 worth of extras, such as use of facilities, program printing and so forth. MSP (Pickar- Hodges) to grant authorization to the Park and Recreation Department to apply for grant. Administrator Achen requested that Ernie Grabowski be appointed Acting City Administrator for the first two weeks in July while he is out of town. MSP (Rowley Ziebarth) to appoint Ernie Grabowski Acting City Administrator for the first two weeks in July. 5 ayes 5 ayes ENGINEER HUBBARD'S REPORT Engineer Hubbard reported that he had reviewed the drainage problem on Woodcrest and prepared a written report. He advised that the only permanent solution would be to put in larger storm sewer, and that it should be designed for not less than a five year storm, and a check valve installed now to relieve the situation. Mr. Loeding asked why this area would be easier to take care of than Ardan Avenue. Engineer Hubbard replied that the area was not as difficult a situation as Ardan Avenue. He added that they will have to take a fence down at 5100 Sunnyside to get at the drainage easement to do the work. Attorney Meyers stated that the City will not be responsible for putting the fence back up as it was built on an easement. Councilmember Hodges asked where the money would come from for the improvements. Mayor Pickar replied that it would come from the SDM charge. MSP (Ziebarth Pickar) to authorize the installation of a check valve, with the funding to come from the SDM Fund. 5 ayes June 26, 1978 Page 15 Councilmember Rowley reported that she would be leaving for vacation on June 30 for two weeks. COUNCILMEMBER ZIEBARTH'S REPORT Councilmember Ziebarth reported the Land Use Advisory Planning Grants are being discussed and the City should know within another month if they are receiving a grant. He added that indications have been that the rural areas will be getting the grants this year. Councilmember Ziebarth stated he would like to congratulate the Festivities Commission for the excellent job they did, along with all the volunteers. COUNCILMEMBER HODGES' REPORT Councilmember Hodges reported that the Task Force, at it's June 22 meeting requested that the City pay for flood insurance of the property owners. Administrator Achen reported that flood insurance costs about 624 per $100, and thi: federal government will subsidize 75% of that cost. He added that there was an article in the City newsletter and in the New Brighton Bulletin advising the citizens of that. Mayor Pickar stated that the Council would not be acting prudently if they purchased flood insurance for the property owners, as that is not how the tax dollars should be spent. He added that he realizes it is a problem but that the City is not in a position to purchase insurance. Councilmember Baumgartner added that the City should not be in the business of selling flood insurance to people. Councilmember Rowley added that she also agreed. Councilmember Ziebarth stated that money should be spent in trying to solve the problem, and that the home owners could buy the insurance themselves, as a temporary solution. He also pointed out that in several instances, the home owners knew the homes were in a wet area before they bought them. Councilmember Hodges stated that he agreed, and that the people should take care of themselves to a certain degree. Engineer Hubbard pointed out that every resident in Mounds View is eligible for flood insurance. Mr. Loeding stated that the Task Force has taken the position that the City has a responsibility for letting people build and should demonstrate that responsibility. He added that it is his personal feeling that the issue could result in liability suits. Councilmember Hodges stated that the Task Force would like to hire a temporary engineer. MAYOR PICKAR'S REPORT Mayor Pickar reported that he had received a letter from the Metro Council addressing the airport and a study done on the number of take -offs and landings, which showed June 26, 1978 the number to be less than that in 1977. Mayor Pickar stated that he had prepared a change to the SDM charge, changing the wording somewhat to eliminate charging home improvements on residential property. He asked that it be added under Chapter 25, SDM Fund, 25.04, Subdivision 30, as a new item. MSP Pickar- Hodges) to adopt Ordinance No. 281 revising Chapter 25.04 of the Municipal Code by adding Subdivision 3d. Councilmember Rowley stated that she was abstaining as she had some pending improvements for her property. Councilmember Baumgartner asked if the City would have to pay back everyone who had already paid the charge. Mayor Pickar replied they would. MSP (Baumgartner Ziebarth) to adjourn at 1:10 AM. 5 ayes Respectfully subm Mark Achen Clerk /Administrator Page 16 4 ayes 1 abstain