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HomeMy WebLinkAboutMinutes - 1978/08/28A G E N D A Mounds View City Council August 28, 1978 1. Roll call of officials 2. Approval of minutes of regular meeting August 14, 1978 3. Citizen comments and requests CITIZENS: BEFORE SPEAKING, PLEASE GIVE YOUR FULL NAME AND ADDRESS FOR THE MINUTES 7. 1978 Park Playground Fund Expenditure revision 8. Reports of officials 9. Adjournment 4. Approval of consent agenda: Item A. Set public hearing to rezone 2291 Knoll Drive B. Resolution supporting Richfield's appeal of compulsory arbitration C. 1978 Labor Agreement with Local No. 320 D. Purchase of check signer E. Reschedule September 4 agenda session F. Mounds View Development Co. No. 1 final plat G. July, 1978, activity reports H. Bills for payment I. Licenses for approval 5. Public hearing 7:40 PM Midway Industrial preliminary plat 6. Public Improvement Project 1978 -4 Mounds View Industrial Park No. 2 0 Nor -Dan Schnauzer's 2186 Lambert Ave. CONSENT AGENDA August 28, 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. Set public hearing for 7:40 PM Monday, September 11, 1978, on the Maynard Jurgensen request to rezone 2291 Knoll Drive from R -1 to R -2 residential district. ITEM B. Adopt Resolution No. 922 supporting the City of Richfield's Supreme Court appeal on the constitutionality of compulsory binding arbitration for essential employees. ITEM C. Authorize execution of the 1978 Labor Agreement with Teamsters Local No. 320, representing police employees. The Agreement results from the June 22, 1978, arbitration panel award and master contract language agreed Lo by Local 320 and the Metro- politan Area Management Association Negotiating Committee implementing this award. ITEM D. Authorize the use of a mechanical facsimile check signer and protector for all city disbursements according to guidelines recommended in the August 21, 1978, memorandum of the Finance Director. Authorize expenditure of $876 from the General Fund contingency for the purchase of such a machine. ITEM E. Reschedule the September 4, 1978, City Council agenda session, which falls on a legal holiday, to 7:00 PM, Tuesday, September 5, 1978. ITEM F. Adopt Resolution No. 923 approving the Mounds View Development Co. #1 final plat which conforms to the stipulations made by the City Council in its approval of the preliminary plat. Adopt Resolution No. 924 authorizing execution of Development Agreement 78 -22 with Mounds View Development Company, Inc. ITEM G. Receive the July, 1978, activity reports of the city attorney, police, fire and nuisance abatement departments. ITEM H. Approve the August 28, 1978, bills for payment. ITEM I. Approve the following licenses: RESIDENTIAL KENNEL renewal expire 8/31,'79 Our Matchmaker Kennels Palma Harold Brandt 7770 Greenwood Drive 7931 Woodlawn Drive Consent Agenda -2- August 28, 1978 ITEM I. Licenses (continued) COMMERCIAL KENNEL renewal Sham -O -Jet Kennels 7700 Long Lake Road GARGABE HAULER new expire Richies Rubbish Service 7931 6th St. N.E. Spring Lake Park, MN 55432 CONTRACTORS expire 6/30/79 General new Larkin Construction 2100 Stillwater St. Miner Construction 2091 E. Flanders Road S'Dona Development Inc. 2533 Stillwater Road General renewal Professional Roofing Service 7257 Yucca Lane expires 8/31/79 3/31/79 Heating Air Cond renewal Master Mobile Home Service 2189 Long Lake Road Blacktop renewal Darrell's Contracting 8744 Central Avenue Sewer Water Excavating renewal Ray Freeman Inc. 3448 S. Coon Creek Drive A regular meeting of the Mounds View City Council was called to order by Acting Mayor Hodges at 7:30 PM on August 28, 1978 at the Mounds View City Hall, 2401 Highway 10, Mounds View, Minnesota 55112. Members Present: Also Present: Acting Mayor Hodges Councilmember Baumgartner Councilmember Rowley Councilmember Ziebarth PROCEEDINGS OF THE CITY CO'INCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Clerk /Administrator Achen Attorney Meyers Building and Zoning Official Rose MSP (Baumgartner- Rowley) to approve the minutes of the Augus 14, 1978 meeting as presented. Councilmember Ziebarth stated he was abstaining from the vote as he had not been present at that meeting. CITIZENS COMMENTS AND REQUESTS David Notaro, 2749 Ardan Avenue asked the status of the petition he had presented to the Council on March 27, requesting that the MTC buses be rerouted from Ardan Avenue, and stated that he was still very interested in getting the buses rerouted. Administrator Achen replied that a survey had been conducted of the area and that he had submitted the results of the survey to the Council at their last agenda session and that they had asked for a further breakdown of the resul :s, which will be presented at the September 5 agenda meeting. Councilmember Ziebarth stated that it would be a good idea for those citizens interested in the rerouting to be at that meeting. Mr. Notaro replied that he would be and that he would be willing to help analyze the results of the survey. Duane McCarty, 8060 Long Lake Road asked when the Council would make public the list of people they had recommended for the charter commission. Administrator Achen replied that the lists from the Council members had been hand written and sent into the judge, and that he was not certain that copies were even made. Acting Mayor Hodges stated that he thought he had a copy of his list somewhere in his records and that he would look for it. Councilmember Rowley and Councilmember Ziebarth stated they would also look for their copies. Administrator Achen added that the names of all people who had either called City Hall or mailed in a letter, express- ing interest in being on the commission, had been forwarded to the judge. Bill Doty, 3049 Bronson asked if the bond sale for $1.4 million would be covering Project 1978 -3. Administrator Achen replied that it would be covering portions of it, basically Phase 1. Mr. Doty asked how many property owners were involved in Project 1978 -3. Administrator 3 ayes 1 abstain August 28, 1978 Page 2 Achen replied that there were approximately 30 to 40 property owners, of which four or five were major owners. Mr. Doty asked if Midway Supply and NASCO were involved in that bond sale. Administrator Achen replied that they were not. Neil Loeding, 5046 Longview Drive asked if the $1.4 million bond issue was an indus- trial revenue bond. Administrator Achen replied that it was not, that it is a general obligation bond. Mr. Loeding state th.a' two months ago he had submitted a list of corrections he wanted made to Cit; Cour:ii minutes and asked if they had been made. He also presented the Council with copies of the corrections he wanted made. Acting Mayor Hodges stated that the issue would be discussed later in the meeting as they were running behind for the scheduled public hearing. Acting Mayor Hodges recessed the regular meeting and opened the public hearing. MIDWAY INDUSTRIAL PRELIMINARY PLAT Mr. Steinmueller, of Midway Industrial Supply, explained that he would like to subdivide 3.53 acres of land into two parcels, one for Midway Industrial and the other for NASCO. Councilmember Baumgartner reported that the Planning Commission had found a few problems when they had reviewed the preliminary plat, such as the utility easement on the west end of the lot line and the driveway width on Old Highway 8. Mr. Steinmueller stated that the County requires 30' curb cuts. Councilmember Baumgartner explained that the City ordinance presently reads 22' maximum cuts and that the Planning Commission had made a recommendation that the driveway widths be increased to a maximum of 36'. Official Rose pointed out that the 20' utility easement is not shown on the site plan but will be on the preliminary plat and final plat. He also explained that the maximum curb cut allowed presently is 22' and that the Planning Commission has recommended it be increased to a maximum of 36'. He added that the developers plan to share the driveway access and that a covenant will be required to be filed with the deed regarding the maintenance of the driveway. He also pointed out that the developers are in excess of the parking requirements and they do meet all setback requirements, and do have a planting schedule and plan to install an underground sprinkling system. Official Rose reported 'hat bonding will be required of both developers for all exterior improvements, with NASCO being required to furnish approximately $25,000 in bonding and Midway Industrial Supply to furnish approximately $23,200. He added that a develop- ment agreement will be drawn up to cover all necessary items. Administrator Achen reported that Staff is in the process of preparing an ordinance change for driveway widths. Official Rose added that Staff has surveyed other Cities to see what they require and that Staff is recommending 30' maximum cuts, which is what is required by the County. He also pointed out that anyone requiring a cut larger that 30' could then appear before the Planning Commission to request a variance. Councilmember Rowley asked if it was necessary to approve both the preliminary and final plat at the same time, since she would like to make certain that all required changes are made in the final plat. Mr. Thesenga, of NASCO, stated that they would like both plats approved together as there August 28, 1978 Page 3 is a time problem and they would like to begin construction as soon as possible. Administrator Achen asked how long it would be before the final plat would be prepared. Mr. Steinmueller replied that he would be taking it in tomorrow but had been told it might take a few weeks before it was finished. Administrator Achen asked who the legal owner of the property was. Mr. Steinmueller replied that he was. Administrator Achen pointed out that there would be a problem in giving final approval since the development agreements would have to be drawn up for each parcel. Attorney Meyers stated that if the owner of the property is willing to sign both development agreements, the final plat could be approved at this time. He added that they should have proof that the land has been sold to Mr. Thesenga, such as a copy of the deed. Councilmember Rowley stated that she had a problem with giving final approval at the same time as the preliminary approval. She explained that she has no problem with the preliminary plat the way it is but does not want to rush through on the final plat, and asked if the City has approved both preliminary plats and final plats together before. Administrator Achen replied that they had not in the time he has been with the City. Mr. Thesenga stated that he has done everything possible to comply with what the City has required. Councilmember Ziebarth asked if the entry on the south side of the NASCO property was a delivery area since it is just 40' from the curb cut. Mr. Thesenga replied that it was a garage for his car, and not a delivery area. Councilmember Ziebarth asked what size delivery vehicles they expect to have, since the area between the two buildings is only 120', with delivery stalls in between. Mr. Thesenga replied that they would be 40' vehicles and pointed out that most of the delivery docks are not directly across from each other, so there should be adequate maneuvering space. Councilmember Ziebarth asked if the developers were aware of the SDM charge. Mr. Steinmueller and Mr. Thesenga replied that they were very aware of it. Councilmember Ziebarth stated that he did not necessarily feel that giving approval on the final plat now was such a bad idea, and pointed out that if there is a difference between the preliminary plat and final plat, it would automatically go back to the Council. He added that he does not want to hold up the development two or three weeks. Councilmember Rowley asked how soon a building permit could be drawn. Official Rose replied that he could not issue a building permit until the Council has approved the development agreement. Acting Mayor Hodges closed public publ the closed vuyco odgen ic hearing and reopened the regular meeting. MSP (Baumgartner- Rowley) to approve the preliminary plat of Midway Industrial Supply, Inc., and Thesenga Land Company, at 2140 Mustang Road. 4 ayes August 28, 1978 Page 4 MSP (Ziebarth- Baumgartner) to grant conditional approval of the final plat, contingent upon the final plat conforming with the preliminary plat, and authorize the Clerk/ Administrator and Mayor to make that decision or approval of conformance. A rollcall vote was taken: Councilmember Ziobarth aye Councilmember Baumgartner aye Councilmember Rowley nay Acting Mayor Hodges aye 3 ayes 1 nay MSP (Rowley- Hodges) to approve Ordinance #285, ch iging the ordinance to allow 30' maximum curb cuts for commercial property. 4 ayes MSP (Baumgartner Ziebarth) to adopt Resolution #925, authorizing the Clerk /Administra- tor and Mayor to enter into a development agreement with Thesenga Land Company, with the following conditions, that the bonding requirement be $25,000 to cover outdoor grading, paving, curbing, plantings, etc., and that a c^venant of easements be record- ed with the deed, maintenance of the joint access off Old Highway 8, and approval from the City of New Brighton for the curb cut located on the southeast corner of the property be received. 4 ayes MSP (Baumgartner- Hodges) to adopt Resolution #926, authorizing the Clerk /Administrator and Mayor to enter into a development agreement with Midway Industrial Supply, Inc., with the following conditions, that the bonding requirement be $23,200 to cover outdoor grading, paving, curbing, plantings, weir, etc., with a park dedication fee of $8,450, drainage, road, storm and sanitary sewer easements be granted to Lot 2, with recording of the final plat of Midway Industrial Supply, Inc. as meeting the City Council's stipulation of no later than October 1, 1978, with a joint maintenance agreement to be included. 4 ayes Attorney Meyers stated that some type of proof should be filed showing that the Thesenga Land Company does own the land. MSP (Hodges Ziebarth) to authorize building permits to be issued upon execution of the development agreement. 4 ayes Mr. Steinmueller and Mr. Thesenga stated they would like to thank Attorney Meyers, Administrator Achen and Official Rose for all the time and help they had given them on the development. CITIZENS COMMENTS AND REQUESTS (CONTINUED) Mr. Loeding stated he would like the Council to approve the corrections he had sub- mitted to the minutes, since they had approved corrections for citizens before. Acting Mayor Hodges replied that there were nume -ous corrections Mr. Loeding wanted made, with some going back to February 28, 1978, which was rather late for the Council to approve since they could not recall the statements Mr. Loeding was referring to. He added that corrections should be made at the next meeting, when the minutes are officially approved, not six months later when they could not recall the discussion. He added that he would like time to go through the corrections Mr. Loeding was requesting. MSP (Baumgartner Ziebarth) to receive comments from Mr. Loeding, dated August 28, 1978. 4 ayes August 28, 1978 Page 5 Councilmember Rowley also stated that corrections should be made at the next meeting when the minutes are approved. Mr. Loeding stated he felt there was a definite problem with the minutes and stated that a statement he had made at an earlier meeting had not been credited to him. He added that he feels the minutes are being butchered. There was considerable discussion between Mr. Loeding and the Council regarding what he felt were problems with the minutes. Administrator Achen pointed out that the recording secretary does not take the minutes verbatum and that she must use her discretion in taking down the pertinent. discussion. He outlined the procedure for reviewing minutes once they are received from the recording secretary. Councilmember Rowley stated that if Mr. Loeding were to check through past minutes, he would find the present recording secretary is doing an excellent job. Acting Mayor Hodges stated the discussion would be continued, after the Council had had an opportunity to review Mr. Loeding's comments. Frank Silvers, 2237 Oakwood stated that the house at the co:,:er of Oakwood and Jack- son has a large tree which obscures drivers view of the intersection. Acting Mayor Hodges replied that he would have Staff check it out. Carl Helmer, 5425 Bona Rd. stated that he was concerned with fill that was being disposed of in the City. Building Official Rose replied that Staff had investigated the matter, and that Harstad and Todd had given permission to a disposal company to put the fill on their property. He added that he has notified Harstad and Todd to clean up the dumpings and informed them they would need a special use permit to have any more fill brought in. APPROVAL OF CONSENT AGENDA MSP (Baumgartner Rowley) to approve the consent agenda as follows: 4 ayes ITEM A. Set public hearing for 7:40 PM Monday, September 11, 1978, on the Maynard Jurgensen request to rezone 2291 Knoll Drive from R -1 to R -2 residential district. ITEM B. Adopt Resolution No. 922 supporting the City of Richfield's Supreme Court appeal on the constitutionality of compulsory binding arbitration for esspntial employees. ITEM C. Authorize execution of the 1978 Labor Agreement with Teamsters Local No. 320, representing police employees. The Agreement results from the June 22, 1978, arbitration panel award and master contract language agreed to by Local 320 and the Metro- politan Area Management Association Negotiating Committee implementing this award. A ITEM D. Authorize the use of a mechanical facsimile check signer and protector for all city disbursements according to guidelines recommended. in the August 21, 1978, memorandum of the Finance Director. Authorize expenditure of $876 from the General Fund contingency for the purchase of such a machine. August 28, 1978 ITEM E. Reschedule the September 4, 1978, City Council agenda session, which falls on a legal holiday, to 7:00 PM, Tuesday, September 5, 1978 ITEM F. Adopt Resolution No. 923 approving the Mounds View Development Co. #1 final plat which conforms to the stipulations made by the City Council in its approval of the preliminary plat. Adopt Resolution No. 924 authorizing execution of Development Agreement 78 -25 with Mounds View Development Company, Inc. ITEM G. Receive the July, 1978, activity reports of the city attorney, police, fire and nuisance abatement departments. ITEM H. Approve the August 28, 1978, bills for payment. ITEM I. Approve the following licenses: RESIDENTIAL KENNEL renewal expire 8/31/79 Our Matchmaker Kennels Palma Harold Brandt 7770 Greenwood Drive 7931 Woodlawn Drive Nor -Dan Schnauzer's 2186 Lambert Ave. COMMERCIAL KENNEL renewal expires 8/31/79 Sham -O -Jet Kennels 7700 Long Lake Road GARGABE HAULER new expire 3/31/79 Richies Rubbish Service 7931 6th St. N.E. Spring Lake Park, MN 55432 CONTRACTORS expire 6/30/79 General new Larkin Construction 2100 Stillwater St. Minar Construction 2091 E. Flanders Road S'Dona Development Inc. 2533 Stillwater Road General renewal Professional Roofing Service 7257 Yucca Lane Heating Air Cond renewal Master Mobile Home Service 2189 Long Lake Road Blacktop renewal Page 6 Darrell's Contracting 8744 Central Avenue Sewer Water Excavating renewal Ray Freeman Inc. 3448 S. Coon Creek Drive PUBLIC IMPROVEMENT PROJECT 1978 -4 MOUNDS VIEW INDUSTRIAL PARK NO. 2 Dan Boxrudd of Short, Elliott and Hendrickson reported that the area involved is the extension of Mustang Road and the new road going down to the New Brighton border. He outlined the project and stated that the project is set up to be completed this year except for the seeding of the right of way. He added that the original report on the project was prepared on February 9, 1978 with the recommendation that it not be acted on until a decision was made on Project 1978 -1, and that a revision was made on July 7. Administrator Achen reported that bids will be opened on September 8, with a summary to be presented on September 11. MSP (Rowley Baumgartner) to receive and approve the plans and specs for Project 1978 -4, Mounds View Industrial Park No. 2. 4 ayes 1978 PARK AND PLAYGROUND FUND EXPENDITURE REVISION Administrator Achen reported that the City has not received the park dedication funds at the rate they had anticipated in both 1977 and 1978. Thus there are insufficient funds available in this years Park and Playground fund to finish all of the park improvements budgeted. The Park and Recreation Commission has recommended a list of priorities on the remaining unfinished projects. He adder that there is $11,000 to $12,000 less in the park fund than anticipated. MSP (Baumgartner Ziebarth) to revise the 1978 Park and Playground Fund budget as recommended by the Park and Recreation Commission. 4 ayes August 28, 1978 Page 7 ADMINISTRATOR ACHEN'S REPORT Administrator Achen reported that he had asked the Council to select two members to serve on the selection committee for the public works director. Interviewing should be done sometime in September and will have to be worked around the budget. Councilmember Baumgartner stated he would be available for the committee. Council member Rowley stated she had participated in the selection for both the Park and Recreation Director and Finance Director and had felt it was a very valuable experience. She added that she would like to be considered an alternate for the committee but would be available for the selection if she was needed. Councilmember Ziebarth stated that if the interviews could be scheduled for late after- noon or weekends, he would be available. Administrator Achen replied that he would most likely scheduled them for weekends. Administrator Achen pointed out that the next ayenda session will be September 5, due to the holiday. Acting Mayor Hodges asked if evening budget sessions were being scheduled. Administrator Achen replied that he will be submitting the budget to the Council September 11 or 12 and that they could tentatively set the first review session for September 14 at 7:00 PM. ATTORNEY MEYERS'S REPORT Attorney Meyers reported that the Mounds View Square assessment case would likely be going to the Minnesota Supreme Court. August 28, 1978 Page 8 OFFICIAL ROSE'S REPORT Official Rose had no report. COUNCILMEMBER ROWLEY'S REPORT Councilmember Rowley said she thought the development agreement for Steve's Appliances on Highway 10 prohibited any outside storage. Actually, this business is storing a great deal outside and it looks unsightly. She added t: she had received complaints from citizens on the outdoor storage. Official Rose replied that he has spoken with them before regarding the violation and that the situation has been worsening. He added that Staff would investigate it and notify them that they were in violation. Councilmember Rowley reported that Lakeside Park is closed for the season. She added that she had not been present at the August meeting but would see that the Council gets a copy of the budget for the next year. COUNCILMEMBER BAUMGARTNER'S REPORT Councilmember Baumgartner had no report. COUNCILMEMBER ZIEBARTH'S REPORT Councilmember Ziebarth had no report. ACTING MAYOR HODGES' REPORT Acting Mayor Hodges reported that there would be discussion at the September 5 agenda meeting on the Task Force report. Mr. Loeding asked why there was no acknowledgement in the agenda that the Task Force is now non existant. Councilmember Baumgartner replied that it was in the August 14 minutes. Mr. Doty added that the resolution establishing the Task Force originally had also stated that it would be dissolved effective August 14, 1978. MSP (Baumgartner Rowley) to adjourn the meeting at 10:02 PM. 4 ayes Respectfully omitted, Mark Achen Clerk /Administrator