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HomeMy WebLinkAboutMinutes - 1978/07/101. Roll call of officials 2. Approval of minutes of regular meeting June 26, 1978 3. Citizen comments and requests 5. Public hearings A G E N D A Mounds View City Council July 10, 1978 CITIZENS: BEFORE SPEAKING, PLEASE GIVE YOUR FULL NAME AND ADDRESS FOR THE MINUTES 4. Approval of consent agenda: Item A. Project 1978 -3 acquisition of right -of -way B. Storm Sewer Advisory Task Force resignations C. Completion of Development Agreement 77 -11 D. Maternity leave for senior accounting clerk E. Ordinance implementing water availability charge F. Bills for payment G. Licenses for approval (a) Project 1978 -4 Mounds View Industrial Park No. 2 (7:40 PM) (b) Project 1978 -5A and 1978 -5 (continued) Drainage Mounds View Square Edgewood Drives extension (8:OOPM) (c) Mounds View Square Addition (continued) Preliminary plat and rezoning (8:15 PM) 6. Mounds View Industrial Park No. 2 Final plat and development agreement 7. Minor subdivision of 8100 Groveland Road (Sjodin) 8. Horse Rider Western Wear addition 9. County Road H -2 Speed limit reduction 10. Industrial development revenue bond funding Concept approval 11. Off -sale liquor Friday night closing hour 12. Industrial strength ordinance 13. Reports of officials 14. Adjournment CONSENT AGENDA July 10, 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. Authorize city attorney to proceed with necessary right -of -way acquisition for Improvement Project 1978 -3. ITEM B. Accept resignations of Philip Carlson and James Wills from the Citizens Storm Sewer Advisory Task Force. ITEM C. Adopt Resolution No. 904 acknowledging satisfactory completion of the terms of Development Agreement 77 -11 with Steven Loeffler for duplex construction on Woodlawn Drive and authorizing refund of the applicable financial security posted with the Agreement. ITEM D. Authorize maternity leave for senior accounting clerk, Margaret Long, beginning July 1, 1978, and extending no longer than January 1, 1979. ITEM E. Adopt Ordinance No. k82 amending the Municipal Code by revising Chapter 70.01, "Municipal Water System, Applications, Permits and Fees." This ordinance implements Council's decision at the June 12, 1978, meeting to charge a trunk, source and storage contribution of $200.00 per residential unit or in the case of other than residentially zoned property $1,600.00 per acre for new water connections. ITEM F. Approve the July 10, 1978, bills for payment. ITEM G. Approve the following licenses: RESTAURANT expire 6/30/79 renewal Best Steak House 2555 U. S. Highway 10 CONTRACTORS expire 6/30/79 new General Excavating L. Gudmunson Construction Inc. 10800 Xavis St. N.W. The Snelling Company 1400 Concordia CONTRACTORS expire 6/30/7n renewal General Ro -My Construction 7647 Knollwood Drive Lyn /Dale Homes 1480 Yankee Doodle Road Advance Construction 2227 University Ave. Julian M. Johnson Construction 10610 N.E. Nassau St. N.E. Kozitza Construction 5230 Greenfield Ave. Harstad -Todd Construction 2200 Silver Lake Road Buzzell Builders 2765 LaPort Beaver Plumbing 20425 Jackson St. N.E. Wayne Johnson Construction 4556 Tyler St. N.E. Riggs Construction 2200 Erin Court The Sussel Company 1850 Como Avenue Gilbert Construction Co. 1202 Jackson St. Sunnyside Builders 5237 Sunnyside Road M. J. Arndt Construction 2808 Sherwood Rd. (.Consent Agenda ITEM G. (continued) Heating Lyn /Dale Homes 1480 Yankee Doodle Road Larson Mac Company 1509 Coon Rapids Blvd. Rudy's Burner Service 2415 N. E. Constance Blvd. Fred Vogt Company 3260 Gorham Ave. S. Englund Heating Inc. Isanti, MN Frank's Heating Air Cond. 3107 California St. N.E. Suburban Htg Air Cond. 2050 White Bear Ave. N. Central Air Cond. Htg. 1971 Seneca Road Denny's Mobilehome Service 745 llth Ave. N.W. Concrete /Masonry Norsk Concrete Construction 7401 Central Ave. N.E. Master Masonry, Inc. 14914 93rd Ave. No. Northland Concrete Masonry 11990 Riverwood Drive Asphalt /Blacktop United Asphalt Co. 7925 Beech St. N.E. C S Blacktopping 8832 W. Broadway Excavating Brighton Excavating Company 1920 Highway 96 Balfany Contractors 5500 France Ave. N. Sign Erection Gold Metal Beverage 553 N. Fairview Ave. Western Outdoor Advertising 4000 Grant St. Brede Inc. 2211 Broadway N.E. Fence Installation Able Fence 229 Sherburne Ave. Montgomery Ward 1400 University Ave. Sewer Water Schulties Plumbing Co. 4549 175th Ave. N.W. -2- July 10, 1978 Mill City Htg Air Conditioning 13005 B 16th Ave. N. Pump Meter Service 2711 E. Franklin Ave. Neil Hubbard Htg Air Cond. 99 North Snelling Geo. Sedgwick Htg Air Cond. 1001 Xenia Ave. S. Don's Air Cond. Htg. Refrig. 3903 Foss Road N.E. Blaine Htg Air Cond. 13562 Central Ave. N.E. Horwitz Mechanical Inc. 1411 llth Ave. S. Co. Montgomery Ward 1400 University Ave. American Burner Service 10101 Naples St. N.E. Ted Galla 1134 E. Minnehaha Carroll Buzzell Brick Cement 22055 Lake George Blvd. N.W. Carl B. Anderson vlacktopping Route 3 North Branch, MN T. A. Schifsky Sons 2370 E. 7th Ave. Waalen Sabby Inc. 9082 Polk St. N.E. Lawrence Signs 945 Pierce Butler Route Naegele Outdoor Advertising 1700 W. 78th St. A -1 Fence Co. 141 104th Lane N.E. 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 7:35 PM on July 10, 1978, at the Mounds View City Hall, 2401 Highway 10 Mounds View, Minnesota 55112. Members present: Also present: Mayor Pickar Engineer Hubbard Councilmember Ziebarth Attorney Meyers Councilmember Hodges Building Zoning Official Rose Councilmember Baumgartner Councilmember Rowley MSP Pickar- Rowley) to appoint Pamela Case as deputy clerk to take the minutes. 5 ayes Councilmember Baumgartner asked that the minutes of the June 26, 1978, meeting be corrected to read on page 4, paragraph 3, Tuesday morning, June 27, rather than Friday morning. Councilmember Ziebarth asked that the minutes be corrected on page 2, regarding Mr. Notaro's problem, that one solution would be to run pipes south, pipes that would run parallel, pipes that would run east, or a holding pond. Councilmember Ziebarth asked that page 3 of the minutes be clarified regarding Engineer Hubbard's time, that he was working with the Maintenance Department on the festival as just one item of his time, and not a considerable amount. MSP (Hodges Ziebarth) to approve the minutes of the June26, 1978, meeting as corrected above and to include the following amendments: on page 12, the motion regarding on -sale intoxicating liquor licenses shall include approval of renewal of on -sale intoxicating liquor licenses to be issued to: Louis Gydesen for Anchor Inn, Edward Donatelle for Donatelle's, Albert J. Hartinger for the Launching Pad, and Charles Hall for the Mermaid for the license period July 1, 1978 June 30, 1979; one page 16, the motion adopting Ordinance No. 281 shall include authorization for staff to refund the SDM charges collected by the city for additions or alterations as covered under Ordinance No. 281. 5 ayes Councilmember Rowley stated that she was still abstaining from a vote on the SDM charge refund. CITIZEN COMMENTS AND REQUESTS David Notaro, 2749 Arden Avenue, stated that he had had to drain his back yard of water four times since the last Council meeting, with the water being 26" deep at one point in his yard on July 6. He stated that he realized the Council had ordered a feasibility study of the problem, but wanted them to be kept aware of it. Richard Lynn, 2244 Terrace, asked if Mr. Notaro had been aware of the landscaping when he bought his home. Mr. Notaro replied that the water problem comes from the storm sewer, not the water table. Mr. Lynn asked why permission was given for a house to be constructed at St. Michael and Oakwood, where there was a considerable water problem. Mayor Pickar replied that it would be covered during the public hearing. July 10, 1978 Page 2 Earl Smith, 2265 Pinewood stated that the City Council and Planning Commission give permission for the bui' ling permits and set the requirements, and that it was not the fault of the building inspector. Councilmember Baumgartner replied that the Planning Commission and City Council do not issue building permits but that they do approve subdivisions. Mr. Smith replied that they should see that all development is brought up to code. MSP (Baumgartner- Rowley) to approve the consent agenda as follows: 5 ayes ITEM A. Authorize city attorney to proceed with necessary right -of -way acquisition for Improvement Project 1978 -3. ITEM B. Accept resignations of Philip Carlson and James Wills from the Citizens Storm Sewer Advisory Task Force. ITEM C. Adopt Resolution No. 904 acknowledging satisfactory completion of the terms of Development Agreement 77 -11 with Steven Loeffler for duplex construction on Woodlawn Drive and authorizing refund of the applicable financial security posted with the Agreement. ITEM D. Authorize maternity leave for senior accounting clerk, Margaret Long, beginning July 1, 1978, and extending no longer than January 1, 1979. ITEM E. Adopt Ordinance No. 282 amending the Municipal Code by revising Chapter 70.01, "Municipal Water System, Applications, Permits and Fees." This ordinance implements Council's decision at the June 12, 1978, meeting to charge a trunk, source and storage contribution of $200.00 per residential unit or in the case of other than residentially zoned property $1,600.00 per acre for new water connections. ITEM F. Approve the July 10, 1978, bills for payment. ITEM G. Approve the following licenses: RESTAURANT expire 6/30/79 renewal Best Steak House 2555 U. S. Highway 10 CONTRACTORS expire 6/30/79 General L. Gudmunson Construction Inc. 10800 Xavis St. N.W. The Snelling Company 1400 Concordia CONTRACTORS expire 6/30/79 General Ro Construction 7647 Knollwood Drive Lyn /Dale Homes 1480 Yankee Doodle Road new Excavating Beaver Plumbing 20425 Jackson St. N.E. renewal Wayne Johnson Construction 4556 Tyler St. N.E. Riggs Construction 2200 Erin Court July 10, 1978 Advance Construction 2227 University Ave. Julian M. Johnson Construction 10610 N.E. Nassau St. N.E. Kozitza Construction 5230 Greenfield Ave. Harstad -Todd Construction 2200 Silver Lake Ro^d Buzzell Builders 2765 LaFort Heating Lyn /Dale Homes 1480 Yankee Doodle Road Larson Mac Company 1509 Coon Rapids Blvd. Rudy's Burner Service 2415 N. E. Constance Blvd. Fred Vogt Company 3260 Gorham Ave. S. Englund Heating Inc. Isanti, MN Frank's Heating Air Cond. 3107 California St. N.E. Suburban Htg Air Cond. 2050 White Bear Ave. N. Central Air Cond. Htg. Co. 1971 Seneca Road Denny's Mobilehome Service 745 llth Ave. N.W. Concrete /Masonry Norsk Concrete Construction 7401 Central Ave. N.E. Master Masonry, Inc. 14914 93rd Ave. No. Northland Concrete Masonry 11990 Riverwood Drive Asphalt /Blacktop United Asphalt Co. 7925 Beech St. N.E. C S Blacktopping 8832 W. Broadway The Sussel Company 1850 Como Avenue Gilbert Construction Co. 1202 Jackson St. Sunnyside Builders 5237 Sunnyside Road M. J. Arndt Construction 2808 Sherwood Rd. Mill City Htg Air Conditioning 13005 B 16th Ave. N. Pump Meter Service 2711 E. Franklin Ave. Neil oc Hubbard Htg Air Cond. 99 North Snelling Geo. Sedgwick Htg Air Cond. 1001 Xenia Ave. S. Don's Air Cond. Htg. Refrig. 3903 Foss Road N.E. Blaine Htg Air Cond. 13562 Central Ave. N.E. Horwitz Mechanical Inc. 1411 llth Ave. S. Montgomery Ward 1400 University Ave. American Burner Service 10101 Naples St. N.E. Ted Galla 1934 E. Minnehaha Carroll Buzzell Brick Cement 22055 Lake George Blvd. N.W. Carl B. Anderson Blacktopping Route 3 North Branch, MN T. A. Schifsky Sons 2370 E. 7th Ave. Page 3 Excavating Brighton Excavating Company 1920 Highway 96 Balfany Contractors 5500 France Ave. N. Sign Erection Gold Metal Beverage 553 N. Fairview Ave. Western Outdoor Advertising 4000 Grant St. Brede Inc. 2211 Broadway N.E. Fence Installation Able Fence 229 Sherburne Ave. Montgomery Ward 1400 University Ave. Sewer Water Schulties Plumbing Co. 4549 175th Ave. N.W. Waalen Sabby Inc. 9082 Polk St. N.E. Lawrence Signs 945 Pierce Butler Route Naegele Outdoor Advertising 1700 W. 78th St. A -1 Fence Co. 141 104th Lane N.E. Mayor Pickar recessed the regular meeting and opened the first public hearing. PROJECT 1978 -4 MOUNDS VIEW INDUSTRIAL PARK NO. 2 Engineer Hubbard reported that Project 1978 was designed for the implementation of the Mounds View Industrial Park #2, which includes lots 1, 2 and 3 at the west end of Mustang Drive. It would include the extension of sanitary sewer, water main, additional storm sewer and street. The estimated cost of the project is $118,650. Engineer Hubbard broke down the cost of the various improvements and proposed assessments. He added that Mustang Lane was proposed to provide additional access to the area in case of an emergency. MSP (Pickar-Hodges) to order the improvement and the plans and specs for the extension as required.by Staff, and provide that 100% of the assessments be assessed to the owners, as described. The specs will be prepared by Short, Elliott and Hen- drickson. Mayor Pickar closed the public hearing and reopened the regular meeting. COUNTY ROAD H -2 SPEED LIMIT REDUCTION Mayor Pickar reported that a resolution had been prepared requesting a lower speed limit for County Road H2, as a result of a request from the citizens along H2. Mayor Pickar read the resolution. Page 4 5 ayes July 10, 1978 MSP (Rowley Ziebarth) to approve Resolution #905. Councilmember Ziebarth asked if a petition had been received from the gentleman who had made the request at the previous Council meeting, as he had said he would circulate a petition in the neighborhood. Councilmember Rowley replied that the gentleman's name was Ron Kritzik, 2512 County Road H2, and that Staff could contact him to see if he had a v etition. Mayor Pickar recessed the regular meeting and opened the next public hearing. PROJECT 1978 -5 and 1978 -5A DRAINAGE MOUNDS VIEW SQUARE EDGEWOOD DRIVE EXTENSION Engineer Hubbard reported that the hearing was for two projects, 1978 -5 for the extension of Edgewood from County Road I to Hillview, and 1978 -5A, for storm sewer on Edgewood. Engineer Hubbard outlined three alternatives for the project.,, with Alternative #1 estimated to cost $180,250, Alternative #2 estimated to cost $116,500 and Alternative #3 estimated to cost $230,850. Engineer Hubbard explained the proposed assessments would range from 2.2t per square foot to 9.1¢ per square foot, depending upon the alternative selected, and that the street improvements for extending Edgewood would be elegible for 100% funding from State aid. Engineer Hubbard added that the area of benefit would be that area which would drain into the proposed storm sewer. Page 5 5 ayes Mr. Smith, 5567 St. Stephans stated that the Blaine sewer runs through his back yard. Engineer Hubbard explained that it was a sanitary sewer, not a storm sewer. Mr. Lynn stated that the residents of the area do not want the project. Engineer Hubbard replied that their water is running somewhere and must be taken care of, and thus, they would be benefitted. He added that provisions would most likely be made for the handicapped and elderly. Charles Mectil, 5533 St. Michael Street stated he already had a storm sewer system. Engineer Hubbard replied that that system was inadequate for even a three year storm. Duane McCarty, 8060 Long Lake Road, stated that some concerned citizens had taken a survey of 159 homes and asked four questions regarding the project, of which two homes were in favor of the project and 26 wanted more information. Mr. McCarty stated that it was his belief from previous statements made by the Council members and Mayor that they would vote for what the citizens wanted, and that he felt they should turn down Projects 1978 -5 and 1978 -5A. Fred Batey, 2316 Hillview stated that he had received a notice of the public heaf'ing and spoken to the City Engineer and felt there were several inconsistencies with the project. He stated that he did not feel Mounds View citizens should complain about their water problems, when compared to cities such as Rochester and Minneapolis who had had considerable problems. Neil Loeding, 5046 Longview Drive asked if 1978 -5A had been petitioned for. Mayor Pickar replied that it had been added at the request of residents who had water problems. August 1977 minutes Mr. Harstad stated that he Mr. Loeding stated that in the 8, agreed to be assessed for si:: lots and asked whether the property owners would July 10, 1978 Page 6 be assessed. Engineer Hubbard replied that the development agreement was worded that Mr. Harstad would be assessed if he owned the property at the time of the assessment, otherwise the current owner would be assessed, and that he was required to notify all purchasers of pending assessments and file a signed copy of the notification with the City. Mr. Loeding asked if a 10% park dedication or payment would be required from the developer. Engineer Hubbard replied that it would be required if the subdivision was approved. Mr. Mectil asked what would be required to make the storm sewer on St. Michael's adequate. Engineer Hubbard replied that a larger pipe would be required and that St. Michael did not have a storm sewer but would drain into one. Mr. Lynn asked if it would be possible to tip the street toward the slew so the water ran to the slew. Engineer Hubbard replied that the road was designed for the drainage to go to Jackson to the storm sewer and that the pond did not have an outlet. Mr. Batey stated that he did not have problems with water back in the 50's and that he felt projects were being okayed to help the developers rather than home owners. He stated he felt walk out basements should not be allowed. Sue Jenson, 7800 Bona Road stated she had not received notice of the hearing. She also stated she had been told by the Building Inspector that her home was not up to code for her handicapped mother -in -law and had been told that sha could not put in an extra driveway, as it was not allowed for in the code. She added that she was against the project and that she felt if it was passed by the Council, someone was getting a payoff. Engineer Hubbard stated that 152 notices were mailed on June 30, 1978 regarding the public hearing, to residents of the proposed area of benefit. Carl Helmer, 7845 Bona Road stated that he had not received notice of the hearing and that some of his neighbors had and some hadn't. Councilmember Rowley asked if any notices were received back by the City. Official Rose replied that only two were received back, marked undeliverable. Engineer Hubbard added that the City uses a mailing list from the County, and that the list had been updated in January 1978. Dennis Smith stated that in 1974 he had had water problems in his basement and had contacted the City Council and previous building inspector, who told him to put in a sump pump, and asked why further permits were issued for building. Mayor Pickar stated that type of home built is up to the home owner and that guide- lines are followed. Official Rose explained that at the present time, the Building Inspections Depart- ment is responsible for issuing building permits, and that is done between the Building Inspector and himself. He explained that since he started in 1975, he has required test holes for all new homes for the purpose of observing where the water table is. He stated that the Council has approved a policy whereby if water is found closer than 4' to the floor of the basement, drain tile is required. Official Rose stated that he has strongly recommended against walk out basements being built but that it is the City's legal opinion that they cannot refuse walk outs. He stated July 10, 1518 Page that as of the past year, the Council has been following the Short, Elliott, Hendrickson report, showing where the water table is and requiring basement floors be 5' above the water table. Mr. Lynn asked why a house was allowed to be built at Oakwood and St. Michael due to the water. Official Rose replied that there are two people who can make inspectio and that he had not personally inspected the site but would do so. Councilmember Hodges added that he had viewed the home and it appeared that the water table was coming up and that they could not control mother nature. Councilmember Rowley asked if the home had been issued an occupancy permit yet. Official Rose replied that the foundation had just been put in. Councilmember Rowley stated that now that the home had been brought to the attention of the City, some restraint or action could be taken. Peter Sargent asked if the project would take care of the problem at County Road I and Jackson. Engineer Hubbard replied that he felt it would. Mr. Sargent stated that he had solved the problem of the water gushing out by putting a garbage can into the culvert. Engineer Hubbard replied that he had looked into getting check valves, but they were not made for 15" pipes. MSP (Pickar Ziebarth) to reject Project 1978 -5 and 1978 -5A, and that the Mounds View Square plat and Edgewood. Drive extension can not be developed unless a storm sewer system is installed, due to the high cost of the projects and question of benefit to the abutting property, unless the developer is willing to assume the full cost of the improvements. A rollcall vote was taken: Mr. Sargent stated that the Task Force is preparing a report which will be ready sometime within the next week regarding the water problems. Mayor Pickar closed the public hearing and opened the next public hearing. MOUNDS VIEW SQUARE ADDITION PRELIMINARY PLAT AND REZONING MSP (Rowley Ziebarth) to deny the preliminary plat and rezoning for Mounds View Square Addition based on the previous motion denying projects 1978 -5 and 1978 -5A. A rollcall vote was taken: Councilmember Ziebarth aye Councilmember Baumgartner aye Councilmember Hodges aye Councilmember Rowley aye Mayor Pickar aye Councilmember Ziebarth aye Councilmember Baumgartner aye Councilmember Hodges aye Councilmember Rowley aye Mayor Pickar aye Mayor Pickar closed the public hearing and reopened the regular meeting. 5 ayes 5 ayes July 10, 1978 MOUNDS VIEW INDUSTRIAL PARK NO. 2 FINAL PLAT AND DEVELOPMENT AGREEMENT Official Rose reported that the original preliminary plat submitted by the developer has been revised in the final plat submission, extending the cul -de -sac 110' and widening Mustang Road frontage on lot 1 from 200' to 451'. The revision was made due to the soil tests made of lots 1 and 2, which produced poor soil conditions along the south and west portions of lots 1 and 2 combined. Official Rose stated that he had discussed the changes with Attorney Meyers and that it was resolved that an additional public hearing would not be required. Official Rose recommended that the development agreement include having the developer install two street lights, one at the cul -de -sac end and one at the intersection of Mustang Road and Mustang Lane, submit a 20' road easement for access to Water Tower 2 along the east 20' of lot 3, be required to pay assessments within a five year period during which time he be required to post a bond or escrow for the cost of the improvements not received, or agree to the apportionment of the total improvement cost to lots 1 and 3 if lot 2 is found to be unbuildable. Attorney Meyers stated that in some cases the developer is required to install his own improvements, which requires that a bond be posted to guarantee it, but that if the improvements are going to be done by the City and assessed back to the property, it would not be necessary for the developer to post that amount. Mr. Beim stated that he had not had an opportunity to look ov.r the development agreement and that he would like to go over it with his attorney and other partners and asked if his attorney could have changes made to the development agreement if he felt it was necessary, subject to Staff's approval. Attorney Meyers replied that changes could be made if they were not material ones. MSP (Pickar- Hodges) to adopt Resolution No. 906 approving the final plat of Mounds View Industrial Park No. 2 and Resolution No. 907 authorizing execution of Development Agreement 78 -17 as recommended by Staff, with the changes as described, and that the developer install two street lights and post a $1500 bond, and that the developer agrees to a 20' road easement for access to Water Tower #2, along the east 20' of lot 3 and that no assessment bond be required from the developer as the assessments will be levied against the property. MSP (Rowley Ziebarth) to amend the previous motion to include that the developer must agree to the apportionment of the total improvement cost to lots 1 and 3 if lot 2 is found to be unbuildable. MINOR SUBDIVISION OF 8100 GROVELAND ROAD Mr. Sjodin explained that he was requesting a minor subdivision at 8100 Groveland Road. The property is 400' by 155', and he is requesting to subdivide into two 772' by 200' lots. Official Rose explained that the Council had recently changed the minimum frontage requirements to 75', and since Mr. Sjodin was requesting 771/2' lots, they would now be approvable. He added that Staff would recommend the Council place a building moratorium on the south lot until the Knollwood extension is resolved. Councilmember Ziebarth asked where the drainage goes. Mr. Sjodin replied that it goes toward Groveland and also back on the property, since the lot is very deep. Mr. Sjodi►i also questioned if a moratorium was necessary. Attorney Meyers replied it would have to be agreed upon by all parties, and that the Council would have to have a good reason for declaring a moratorium, and that there is no hearing set for the extension of Knollwood. Page 8 5 ayes 5 ayes July 10, 1978 Page 9 Engineer Hubbard stated that a petition had been presented to the City two or three years earlier but that it did not have the required 35 Councilmember Ziebarth asked if there had been any drainage problems with the lot. Engineer Hubbard replied that there have not been any reported problems. He added that there was a house on the lot at one time. Mr. Sjodin stated that he is merely asking for a minor subdivision and is not in favor of a moratorium on the one lot and that he does meet all the legal require- ments for a minor subdivision. Councilmember Baumgartner pointed out that the moratorium would be on the lot that Mr. Sjodin did not plan to build on. Councilmember Ziebarth added that if Mr. Sjodin decides to build to the south of lot A, he would land lock the rest of lot B. Attorney Meyers stated that the Knollwood extension question had been before the Council several times and that the Council had decided there would be no further action until a petition was received with 35 He added that the City would have to be in a planning process under the Comprehensive Plan in order to :.declare a valid moratorium.or that the property had other physical problems that would affect the public health, safety and welfare. MSP Ziebarth- Pickar) to approve the subdivision request of Ken Sjodin. 5 ayes HORSE AND RIDER WESTERN WEAR ADDITION Mr. Korf of Horse and Rider explained that they would like to put on a 30' x 40' warehouse addition to their present building. MSP (Pickar- Hodges) to approve the request of Horse and Rider Western Wear as submitted, as recommended by the Planning Commission and Staff and adopt Resolution No. 908 authorizing execution of Development Agreement 78 -18. Councilmember Rowley questioned why a bond amount had not been included for the addition. Mayor Pickar replied that he felt a bond for $900 was a very minor detail. Councilmember Rowley stated that it should then be explained which items the bonding would have covered. Mayor Pickar stated that the items Staff had recommended would be included in a development agreement and that the bond would not be required because of the minimum amount, and since the City had not had any problems with the development in the past. INDUSTRIAL DEVELOPMENT REVENUE BOND FUNDING CONCEPT APPROVAL Attorney Meyers reported that two applications for industrial development revenue bond funding had been submitted for Midway Industrial Supply Company and an office warehouse development for John and Bruce Thesenga. Attorney Meyers explained that this would be in the nature of an industrial revenue bond or mortgage where the parties would build in the City and be financed by a tax -free bond. He added that the parpose of the bond would be to allow the developer- to build in the City, provide jobs and for the welfare of the City and provide a tax base. He added that there would be no tax levied if the parties defaulted, but in the event of a default, the City's name would appear. The request would also have to be approved by the Commissioner of Industrial Development for the State. 5 ayes July 10, 1978 Page 10 John Freedman, of Briggs and Morgan, and was now requesting concept appro Mr. Thesenga, of NASCO North Central for welding and safety distributors, 24 employees. stated that he had prepared the application val. explained that his company is a wholesaler and are presently located in St. Paul with Councilmember Ziebarth asked if there would be room for expansion on the lot, and what the benefit to the City would be and if an effort would be made to employ Mounds View residents. Mr. Thesenga replied that they would have room for expansion on the lot and that his company is growing and has always tried to hire locally. He added that he will be closing his St. Paul office and was not sure if all his employees would transfer to the new location. He also stated that his annual payroll is approximately $700,000. Councilmember Baumgartner asked what the construction cost of the building would be and what the size of the bond would be. Mr. Thesenga replied that construction costs would run about $550,000 to $600,000, and that he hoped to be able to put down 25 from the equity in his present building. Councilmember Baumgartner asked what would happen to the land and building if the owners defaulted. Attorney Meyers replied that the bank would own it. Ken Breskee, 2280 Terrace asked who would get the tax savings. Mr. Freedman replied that the bank would get the tax savings on the interest they make on the loan. Mr. McCarty asked if a default would affect the City's bond rating. Attorney Meyers replied that it should not. Mr. Steinmueller of Midway Industrial Supply Company explained that he started his firm in 1955 with three employees and presently has 15 employees. He stated that they are presently located in Roseville but are running out of space. He added that they sell and service industrial spray equipment and sell equipment to manufacturers of fiberglass products. Mr.Steinmueller stated that the estimated cost of his building would be $250,000 to $300,000 and that he has already purchased the land, which will serve as a down payment. Mr. Freedman pointed out that both applicants will be investing a good deal of money into the project. Attorney Meyers asked if an audited financial statement was available for review. Mr. Thesenga replied that the only person who sees his is his banker but that he would agree to Attorney Meyers reviewing it but would not make it available for the public. MSP Pickar- Ziebarth) to give concept approval to the plan as presented tonight on the basis of the information presented, and direct the City Attorney to review the information and take the next steps necessary to bring the transaction along. 5 ayes OFF -SALE LIQUOR FRIDAY NIGHT CLOSING HOUR Mayor Pickar reported that Rita Waste of B R Liquor requested to have their closing time changed from 8 PM to 10 PM on Friday nights, due to a recent change in the State law. July 10, 1978 Page 11 Attorney Meyers explained that the last session of the Legislature authorized the additional two hours for the Friday night closings and that each community must pass their own ordinances if they decide to go along with the extension in hours. Mayor Pickar stated that the City has always conformed to the statutes as autho- rized by the State. He added that the Police Chief feels it would be advisable to extend the hours to conform to the law. MSP Pickar- Rowley) co have the City Attorney prepare an ordinance change for approval or denial at the next meeting. 5 Ayes INDUSTRIAL STRENGTH ORDINANCE Attorney Meyers stated that he had reviewed the industrial strength ordinance and read the ordinance. MSP (Hodges Ziebarth) to approve Ordinance #284. 5 ayes ENGINEER HUBBARD'S REPORT Engineer Hubbard reported that the City had received a quotation from the Donohue Thornton Insurance Agency on the City's Comprehensive General Liability coverage. The premium for one year will be $6222, a $100 increase over last year. MSP (Hodges Ziebarth) to renew the Comprehensive General Liability policy. 5 ayes Engineer Hubbard reported that several requests had been received for pumping out flooded yards, and to date the City has only pumped at 2740 Ardan Avenue, where the storm sewers have backed up, and where the City might possibly have some liability. Engineer Hubbard suggested the City might want to purchase an extra pump and hose, with funding to come from the SDM charges, and have this equipment available to be used by residents upon request, with the payment of a damage deposit. Councilmember Ziebarth asked what size pumps rental agencies would have available. Engineer Hubbard replied that he had not checked their sizes but that he was aware they were very difficult to rent now due to the water conditions around the metro- politan area. Mr. Sargent stated that he had checked into the rental and found pumps to be available for $170 per month. Engineer Hubbard recommended that a time limit be set on the use of the pump and that people be put on a waiting list. Councilmember Ziebarth stated he could forsee problems with a large scramble of people trying to get the pumps at one time. He added that he was not sure small pumps could take care of the problem, versus the large one the City has been using. Mayor Pickar stated he would like the Task Force to review the issue and look into the fe sibi1it of p p a i ho inf a nal a r available for the Council to act on at the next Council meeting. July 10, 1978 Page 12 Engineer Hubbard stated that at the June 26 meeting the Council did not take any action on the ordering of a feasibility study for a storm sewer on Woodcrest because they did not know which consultant to refer the study to. He added that the feasibility study could only consider two alternatives, replacement pipe or parallel pipes, and thus would not matter if the engineering firm was a pipe designer or ditch designer. Engineer Hubbard recommended that the firm of Comstock and Davis do the study. Mr. Sargent read a prepared statement from the Task Force, recommended different engineering firms, and recommended Barr Associates for Ardan Avenue and Short, Elliott, Hendrickson for Woodcrest, or Comstock and Davis. Engineer Hubbard replied that the Ardan Avenue engineer had already been selected and had most likely started on the project. Attorney Meyers added that the firm could be changed only if a contract had not been signed or work started, unless the City paid for the work already done. Mr. Loeding stated the Task Force wants the right firm to do the right job, other- wise they won't make a recommendation. Councilmember Baumgartner asked what was the criteria to be used in selecting the right firm. Mr. Loeding replied that they should use natural drainage. Engineer Hubbard pointed out that the Council had already ordered the feasibility study with four alternatives to be explored, and that a letter had been sent to Short, Elliott and Hendrickson requesting their services. He added that the City would have to enter into an engineering services agreement with a new firm. Mr. Sargent asked when the Task Force would be involved. Engineer Hubbard replied that the Task Force had discussed the four alternatives with the Council before they were given to Short, Elliott, and Hendrickson. Engineer Hubbard pointed out that engineering firms do not like to enter into agreements when they know there is not much work to be done, and that when a City has several firms and very few projects, most firms would not wish to enter into an agreement. Mr. Sargent stated he would like Short, Elliott and Hendrickson to do the Woodcrest study and Comstock and Davis the Ardan Avenue study, if possible. Councilmember Rowley pointed out that the City had originally used Comstock and Davis then switched to Short, Elliott and Hendrickson and asked why that change had been made. Mayor Pickar replied that the City wanted to explore the use of another firm. Engineer Hubbard added that Short, Elliott and Hendrickson had been selected to do the storm water report, and the City had to enter into an agreement with them, and then decided to use them on other projects. He added that Comstock and Davis is a much smaller firm but has served the City well. MSP (Pickar Ziebarth) to contact Short, Elliott and Hendrickson in the morning and have them do the feasibility study on Woodcrest rather than Ardan Avenue, and that Comstock and Davis be contacted to do the study on Ardan Avenue. A rollcall vote was taken: Councilmemhpr 7iebarth aye Councilmember Hodges aye Councilmember Baumgartner aye Councilmember Rowley aye Mayor Pickar aye 5 ayes July 10, 1978 Page 13 Councilmember Baumgartner pointed out that at the last Council meeting they had voted 3 to 2 to employ Short, Elliott and Hendrickson to do the Ardan Avenue study and questioned the City's credibility for changing firms in the middle of the study. ATTORNEY MEYERS' REPORT Attorney Meyers reported that two more decisions had come from the courts on the trucking ordinance and that in both cases the ordinance had been upheld, by different judges. Attorney Meyers stated that the Northcrest Park people have requested that Raymond Avenue be vacated, which will require a public hearing. MSP (Rowley- Ziebarth) to set the public hearing for the vacating of Raymond Avenue at 7:40 PM on August 14, 1978. 5 ayes Attorney Meyers reported that a decision had been made in the Mounds View Square assessment case and that the court had found the assessment to be justified and had upheld the assessment. COUNCILMEMBER ZIEBARTH'S REPORT Councilmember Ziebarth stated that he wanted to clarify the minutes of the previous meeting regarding the grants from the Land Use Advisory Committee, and restated his opinion on the division of the funds between the rural and urban and suburban communities. Mr. McCarty stated he would like to express his satisfaction with the great job the Police Department is doing, and stated three instances where he had needed them and they were available immediately. He stated he would like to thank them for their good work. COUNCILMEMBER BAUMGARTNER'S REPORT Councilmember Baumgartner reported that at the last meeting he had discussed the statement made by Dennis Quan, that a member or members of the Mounds View City Council were taking money for favors on votes, and had strongly recommended that Mr. Quan contact the Ramsey County Attorney's office with any information he might have. Councilmember Baumgartner stated that he had checked with the Attorney's office frequently and that by 11:55 on June 30, no one had contacted the Attorney's office, and thus he could only assume that the comments and allegations made were false. He added that the Ramsey County Attorney's office does not have an investigative staff and that he did not feel the City or he himself should have to go to the expense of pursuing the matter further. He stated that he felt no comment from Mr. Quan was an indication of a wrong or false statement. Mr. Loeding stated he would like the witness to the statements brought forth. Councilmember Baumgartner replied that he had made a personal decision not to pursue the matter further. Mayor Pickar added that the individual involved had been given ample time and opportunity to prove his statement, but did not, and thus the logical conclusion could only be that the statement was false. July 10, 1978 Mr. Sargent stated he felt Councilmember Baumgartner was a trouble maker and should apologize to Mr. Quan. Mayor Pickar replied that the mere fact that Mr. Quan made the statement has done irrepairable damage, and he was sure Mr. Quan was sorry he had made the statement and equally sorry he did not come forth. Councilmember Hodges added that Mr. Quan should have made a statement to the Council when he was given the chance to apologize. COUNCILMEMBER HODG!S' REPORT Councilmember Hodges stated that he was concerned with the vacant Moga farm in the City, as it was being wrecked by kids. Councilmember Rowley replied that the Police Department is patrolling the farm. Engineer Hubbard added that the property is owned by the County. COUNCILMEMBER ROWLEY'S REPORT Councilmember Rowley reported that the Lakeside Park Commission would be meeting July 13 at 7:30 in Spring Lake Park. She added that they have not heard back from Ramsey County regarding the park anc will have to have a budget session on it. Councilmember Rowley reported that she had received a letter from Judge Hachey regarding the charter commission and asked that a copy be given to the New Brighton Bulletin. Councilmember Rowley stated the City should be cautious with the type of juggling they do with professional firms, and they do not want to lose credibility. MAYOR PICKAR'S REPORT Mayor Pickar stated he would like all citizens to come forth and work on the charter commission who were interested. MSP (Ziebarth- Rowley) to adjourn the meeting at 11:50 PM. Respectfully submitted, Pamela Case Recording Secretary Page 14 5 ayes