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HomeMy WebLinkAboutMinutes - 1980/01/03A G E N D A Special Council Meeting Mounds View January 3, 1980 %:00 p.m. 1. Call to Order 2. Roll Call 3. Public Hearing: Charbonneau Addition 7:40 p.m. 4. Public Hearing: Bayport Acres 7 :50 p.m. 5. Public Hearing: Public improvement on Pleasant View Court 8:00 p.m. 6. Reports from Administrator: a. Silver Lake Road b. Annual appointments 7. Adjournment The Mounds View City Council was called to order at 7:30 PM on January 3, 1980 by the Mayor. Members Present: Mayor McCarty, Council- 2. ROLL CALL members Forslund, Hodges, Rowley, Ziebarth Members Absent: None Also Present: City Attorney Meyers, City Administrator Nelson, Building Zoning Official Rose Councilmembers, Mayor, and City Administrator were re -sworn in under the Home Rule Charter by Attorney Meyers. Ziebarth moved to appoint the New Brighton 6b. ANNUAL APPOINTMENTS Bulletin as the official newspaper for 1980. It was seconded by Hodges. 5 ayes The motion carried. 0 nays Hodges moved to make the First State Bank of New Brighton the official depository for 1980. It was seconded by Rowley. The motion carried. McCarty moved to appoint Hodges as Acting Mayor for 1980. It was seconded by Rowley. The motion carried. McCarty moved to appoint Finance Director Brager as City Treasurer for 1980. It was seconded by Hodges. The motion carried. PROCEEDINGS OF THE CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting January 3, 1980 Mounds View City Hall 2401 Hwy. 10, Mounds View MN 55112 5 ayes O nays 5 ayes O nays 5 ayes O nays There was some question as to whether this appointment was correct as it may create internal problems organizationally, especially in ;losing out the books for 1979 and, in view 'Jf the fact he also is Deputy Clerk. 1. CALL TO ORDER MOUNDS VIEW CITY COUNCIL Regular Meeting Page 2 January 3, 1980 Ziebarth called for the question. The 6b. ANNUAL APPOINTMENTS motion failed for lack of a second. (Continued) After considerable discussion, Ziebarth again called for the question. It was seconded by Rowley. 5 ayes The motion carried. 0 nays The vote was taken (see above) and the motion carried. Nelson relieved Brager as Deputy Clerk pending further review of this matter. Other appointments will be handled at the .;anuary 14, 1980 meeting. Rowley moves that the New Brighton Bulletin be notified there are vacancies on the following commissions: Planning Commission, Parks Recreation, Lakeside Park, Police, and Human Rights, and to publicize as soon as possible so that interested parties may get in touch with the Mayor. It was seconded by Ziebarth. The motion carried. 5 ayes 0 nays Meyers stated this is the first official meeting of the Charter City and it is a new corporation. Only those offices, ordinances and resolutions not in conflict the Charter will stand. Present offices are in effect and the officials and members will continue until otherwise indicated and the business of the City is forthcoming as a new corporation. The Mayor closed the regular meeting and opened the public hearing on the Charbonneau Addition. The applicant is Richard Charbonneau, 3. PUBLIC HEARING-- CHARBONNEAU requesting to divide a lot 172.5' x 468' ADDITION into 6 lots. The property is located north of Ardan Ave. between Sunnyside Rd. and Eastwood Road. Official Rose explained to the Council the details of this proposed subdivision. These and other details may be found in the Summary prepared by Staff under Case #35 -79. Daniel Boxrud of S.E.H. was present to answe. qui2stions. He explained how the drainage would be accomplished. MOUNDS VIEW CITY COUNCIL Regular Meeting Page 3 January 3, 1980 Neighbors Mike Jaroslawski, 8250 Eastwood, and Mary Glidden, 8251 Sunnyside, and Mrs. Jaroslawski were present to express their concerns how the development of this property might impact on their property, especially regarding drainage. Mr. Jaros- lawski also expressed concern about the proposed elevation of the homes. He ques- tioned if the builders would be required to post a bond in case of damage to neighboring property. Meyers and Rose explained to him it would be part of the contract agreement in the form of a 7 -year performance bond with reference to Resolution 983. Mr. Charbonneau took exception to the neighbors' statements that water stood all of the time toward the rear of the property. He feels an improvement will take place after development. When asked by Chester Glisan what he plans for the property, Charbonneau stated he is not proposing homes, but merely wants to sell the lots. Ziebarth moved to recommend preliminary plat approval, subject to the grade plan meeting Resolution #983 and development agreement execution. We would also recommend: 1) Direct developer to finalize his plat and drainage plan according to the recommendations of S.E.H. 2) The ponding and drainageway areas be shown as drainage easement= on the final plat. 3) The Developer receive and submit written approval from Rice Creek Watershed District prior to Council approval of tinal pia. 4) Direct Staff to draw up resolutions of final approval upon the Applicant submitting the a_,ove material. 5) Direct Staff to draw up Development Agreement with bonding required in the amount of $3,000. 6) That we require a 7 -year maintenance bond of the Developer, included in the Development Agreement with reference to Resolution 983. It was seconded by Hodges. The motion carried. 5 ayes 0 nays The Mayor closed the public hearing on the Charbonneau Addition and opened the public hearing on Bayport Acres at 9:30 PM. 3. PUBLIC HEARING CHARBONNEAU ADDITION (Continued) MOUNDS VIEW CITY COUNCIL Regular Meeting Page 4 January 3, 1980 The applicant is Franklin J. Veno, requesting 4. PUBLIC HEARING BAYPORT ACRES subdivision of 6 lots into 10 and rezoning 2 lots from R -1 to R -2. Rose outlined the details of this request. Summary of Planning details may be found under Case #42 -79, prepared by Staff. Representing Mr. Veno was Victor Villella of Sundial Realty. Dan Boxrud of S.E.H. was also present to answer questions regarding the proposed drainage for the property. Sharon McCarty asked what affect the ponding would have on the property to the north. Boxrud predicted there would be no affect. Rose explained that Planning Commission had reviewed the matter and had a split vote. Approval will require a variance approval from Council for the substandard size lot frontages. Attorney Meyers advised that no hardship applies for a variance in this case. He recommended a hearing to review the frontage ordinance. For lack of a better alternative, Villella agreed to Council tabling the subdivision and will await the outcome of a Council hearing to review the frontage ordinance. However, he wished to check with Mr. Veno. Rowley called for the question. It was seconded by Ziebarth. The motion carried. 5 ayes 0 nays McCarty moved that, contingent upon receipt of a request from Franklin J. Veno, the matter will be tabled until the City Council has time to review the frontage ordinance. It was seconded by Hodges. The motion carried. 5 ayes 0 nays The Mayor closed the public hearing on Bayport Acres and opened the public hearing on Pleasant View Court at 10:00 PM. Rose explained Resolutions 1059 and 1060, that Mounds View Development Company #1 has installed the necessary public improvements per Development Agreement 78 -25, and Staff recommends acceptance. 5. PUBLIC HEARING PLEASANT VIEW COURT MOUNDS VIEW CITY COUNCIL Page 5 Attorney Meyers affirmed that the proper approvals, as required by law, had been obtained. Forslund moved to approve Resolution 1059 and dis- pense with the reading of it. It was seconded by McCarty. The motion carried. The motion carried. The motion failed. Nay votes were: Ziebarth, Rowley, Forslund. 5 ayes 0 nays Rowley moved to adopt Resolution 1060 and dispense with reading it aloud. It was seconded by McCarty. 5 ayes The motion carried. 0 nays Rose explained that Development Agreement 29 -79 covers platting of Mounds View Industrial Park #3 installation of public improvements for that plat. Resolution 1061 would require the City to reduce the letter of credit to $20,850.00. The City expects to spend $8,680 on in -house costs, has received $6,510, leaving $2,170 to be paid for services. James Trucker was present. He said they feel the $14,350 figure is too excessive and it should be modified to 2%. Trucker asked whether the 10% represented a City policy or state -of- the -art. Meyers assured him it was City policy. McCarty called for the question. It was seconded Ziebarth. 5 ayes 0 nays McCarty moved to reduce the retainer to 2% and retain $6500 plus 2% of the completed work amount of $143,500, per Staff recommendation to complete the punch list for Mounds View Industrial Park #3. It was seconded by Hodges. 2 ayes 3 nays Rowley moved to adopt Resolution 1061 and dispense with reading aloud. The first paragraph of the resolution should be corrected to $20,850.00. Before reduction takes place, the additional fee of $2,170 should be paid, per Staff memo dated 1/3/80. It was seconded by Forslund. 5 ayes The motion carried. 0 nays In reference to staff informational materials provided under Resolution 1G61 being presented to Council at the meeting, McCarty requested that, In the future, Council should receive information in a timely manner. Regular Meeting January 3, 1980 5. PUBLIC HEARING PLEASANT VIEW COURT (Continued) REDUCTION OF LETTER OF CREDIT FOR MV INDUSTRIAL PARK #3 MOUNDS VIEW CITY COUNCIL Regular Meeting Page 6 Rose stated these builders have taken out a permit and would have had to wait until the January 14, 1980 meeting for approval. Staff recommended approval. McCarty moved to approve licenses for CEDO Builders, as presented by the Building Zoning Official. It was seconded by Forslund. 5 ayes The motion carried. 0 nays Nelson explained that the City had opened 6. ADMINISTRATOR REPORTS bids for repair of the sewer break on a. Silver Lake Road Silver Lake Road on December 28, 1979. Sewer Break Bids have been received from Orfei Sons and C. W. Houle. Orfei Sons appears to be the lower bidders and it is recommended the contract be awarded to them beginning January 4, 1980. It is requested that a County Engineer /Inspector be on site in the event any changes are necessary at the time, as there may be liability on the part of the County. The bid is considered for unit price, not lump sum at the bottom. In addition to Orfei's bid will be the cost of bituminous application which was not included in their bid. Nelson has reviewed the financing with a bond consultant. Rowley moved, based on information supplied, (see attached memos from City Engineer, Public Works Dept. and City Administrator) that an emergency situation existed relative to a sewer main break located between Wood crest and Wooddale on Silver Lake Road. The action of the Staff in soliciting bid proposals for the correction of this emergency situation is hereby ratified by the Council. It was seconded by Forslund. The motion carried. Ziebarth moved to award a contract to correct the emergency situation described in the abovementioned motion and to authorize the entrance into a contract by the Mayor and City Administrator with the apparent low bidder, Orfei Sons, per unit price, $27,007.78. It was seconded by Rowley. The motion carried. 5 ayes 0 nays 5 ayes 0 nays January 3, 1980 LICENSE REQUEST FOR CEDO BUILDERS MOUNDS VIEW CITY COUNCIL Page 7 2) Nelson explained Resolution 1057 establishing wages and benefits For 1980 with a 7% increase across the board. McCarty moved to approve Resolution 1057 and to dispense with reading aloud. It was seconded by Ziebarth. The motion carried. 3) A discussion with Machmeier will be reviewed by the Council at the agenda session January 7, 1980. 4) Nelson requested approval of procedures on public hearing notices and nite depository at City Hall. McCarty moved to grant conceptual approval for after -hours depository and direct Staff to recommend adjustment of City Hall work hours. It was seconded by Hodges. 5 ayes The motion carried. 0 nays McCarty moved to approve administrative in -house procedures for insuring proper notification of public notices with final review to be made by the Administrator before final mailing, per City Administrator's memo of 12/18/79. It was seconded by Ziebarth. 5) Re: the petition for street lights received Street Light Petition by Council at the 12/10/79 meeting between County Rd. H2 between Spring Lake Road and Knollwood- -Staff will notify Mr. Rice that the petition is lacking a claim of need. 6) Angie's Pizza the individuals concerned were present at this meeting and were advised the 3.2 beer license matter would be discussed at the January 14, 1980 meeting. Rowley: 1) Resolution 1062 approves Park Recreation part -time seasonal employees. Rowley moved to adopt Resolution 1062 and dispense with the reading of it. It was seconded by McCarty. The motion carried. 5 ayes 0 nays 5 ayes 0 nays 5 ayes 0 nays Regular Meeting January 3, 1980 6. ADMINISTRATOR REPORTS Resolution 1057 Discussion with Dr. Machmeier Night Depository at City Hall Public Hearing Notices COUNCILMEMBERS REPORTS MOUNDS VIEW CITY COUNCIL Regular Meeting Page 8 January 3, 1980 2) Rowley moved to accept, with regrets, the resignation of Pat Casci effective January 11, 1980 and Staff be instructed to begin procedures for hiring a replacement. It was seconded by Ziebarth. The motion carried. 3) Rowley moved to set the next agenda sesion at January 7, 1980, 6:30 p.m. It was seconded by Ziebarth. The motion carried. The motion carried. 5 ayes 0 nays 5 ayes 0 nays 4) Rowley moved to hold a joint meeting with Planning Commission and Staff on Wed., January 9, 1980 at 7:00 p.m. It was seconded by Ziebarth. 5 ayes 0 nays 5) Recommended Council discuss minutes of Meeting Minutes past meetings at the 1/7/80 agenda session. 6) Will draft a Teacher of the Year award. Teacher of the Year Award 7) Has written n draft regarding relocation of Highway 10 which Staff is directed to -'copy and distribute. 8) Lakeside Park meeting will be next Thursday, January 10. McCarty: 1) The City Newsletter will be distributed the first of February. 2) Mounds View Snow Mounties and Spinal Bifida Association will present a proclama- tion before their 50 -mile ride January 20 or February 10, depending on amount of snow. Spinal Bifida week is January 13 -19. Forslund: Recommended Council should meet with Charter Commission members to under- stand contents and coordinate functions. McCarty felt it was necessary only for special concerns. McCarty moved that, for the months of January, February and March, Councilmembers will liaison as follows: Finance Department Councilmember Rowley Building Zoning Councilmember Ziebarth Public Works Councilmember Forslund Parks Recreation Councilmember Hodges Police Mayor McCarty COUNCILMEMBERS REPORTS (Continued) (Councilmember Rowley) Next Agenda Session Joint Meeting with Planning Commission MAYOR'S REPORTS Spinal Bifida Week MOUNDS VIEW CITY COUNCIL Regular Meeting Page 9 January 3, 1980 Staff is directed to draw up a rotating schedule for Council /Department liaison for the remainder of the year. Forelund moved to adjourn the meeting 7. ADJOURNMENT at 12 :10 PM. It was seconded by Rowley. The motion carried. 5 ayes 0 nays Respectfully submitted, 4/ Je Nelson, Cit Administrator I, Duane McCarty, request a Special Council Meeting on Monday, January 14, 1980 at 6:30 p.m. at the Mounds View City Hall. The purpose of this meeting is to make a decision on employment contract with Clerk /Administrator Nelson. Ma rTZGf/ O Y