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HomeMy WebLinkAboutMinutes - 1980/05/121. all to Order 2. Roll Call 5. Approval of Consent Agenda City Council Meeting City of Mounds View May 12, 1980 A G E N D A 3. Approval of Minutes: March 24, 1980 April 28, 1980 May 5, 1980 (Special Meeting) 4. Residents requests and comments from the floor CITIZENS: BEFORE SPEAKING, PLEASE GIVE YOUR FULL NAME AND ADDRESS FOR THE MINUTES ITEM A. Set Public Hearing for Wolf Associates Tax Exempt Mortgage B. Approve MnDOT Limited Use Permit C. Adoption of Resolution No. 1105 approving assessments for Project 78 -3 D. Vacation Schedule E. Reschedule the May 26th Regular Council Meeting to May 27th F. Resolution No. 1106 Amendment to Resolution No. 1102 G. Appoint Building and Zoning Department Secretary H. Adoption of Resolution No. 1107 regarding application of HRA Rehab Funds I. Authorize service agreement with Arp's Tree Service J. Authorize purchase of Toro Workmaster u i2b from Minnesota Toro K. AppLovc in of "No Motorized Vehicles" signs at Ardan Park. L. Licenses for Approval M. Bills for Payment- Resolution No. 1108 N. Set public hearing for variance appeal of Thomas J. Johnson 6. Pubic Hearing 8:00 p.m. Bayport Acres Preliminary Plat 7. Water and Sewer Improvement Leonard Kremer 8. Wolf Associates Industrial Development Conditional Conceptual Approval City Council Meeting Agenda (continued) 9. 3.2 Liquor License Ordinance 10. Ardan Avenue Ditch Cleaning 11. Report of Building Zoning Official 12. Report of Attorney 13. Reports of Councilpersons 14. Report of Administrator 15. Adjournment 2 May 12, 1980 ITEM K. CONSENT AGENDA May 12, 1980 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 remove from the consent agenda and placed upon the regular agenda for debate. ITEM A. Set public hearing for 8:00 p.m. on Tuesday, May 27, 1980 on the T.E.M. Request of Woof Associates. ITEM B. Approve the form and content of the Limited Use Permit from MnDOT regarding S.P. 6284 (35W 394) 902 Ramsey County, Parcel 7 George E. Jackson. ITEM C. Adopt Resolution No. 1105 adopting assessments for Improve- ment Project 1978 -3 Northcrest Park. ITEM D. Approve vacation schedule attached hereto by month for City employees. ITEM E. Reschedule May 26, 1980, regular City Council meeting which falls on a legal holiday, to 7:30 p.m. on Tuesday. May 27, 1980. ITEM F. Adopt Resolution No. 1106 amending Resolution No. 1102, a reapportionment of Auditor's No. 1276. ITEM G. Appoint Cynthia Phillips as Clerk- Typist to the Building and Zoning Department at a rate of $4.75 per hour and Lescind approval :f Ronatc Vi ITEM H. Adoption of Resolution 1107 requesting the Metropolitan Council HRA to apply for Rehabilitation Grant Funds on behalf of the City of Mounds View. ITEM 1. Authorize the City staff and Mayor to enter into a service agreement with Arp's Tree Service for removal of trees and stumps in the City of Mounds View as per the attached bid proposal. ITEM J. Accept the bid of $4,650 for the purchase of one Toro Work master 08326 with infield groomer attachment as per bid submitted by Minnesota Toro. Approve installation of four "No Motorized Vehicles" signs at Ardan Park to reduce Lhe minibike and 4 -wheel drive traffic at Ardan Park. 2 CONSENT AGENDA (continued) ITEM L. Licenses for approval: AMUSEMENT DEVICES expire 1/1/81 Twin City Novelty added devices CONTRACTORS expire 6/30/81 Brunn Construction Co., Inc. new General Contractor Hovaldt Heating and Air Conditioning renewal Heating and Air Conditioning RUBBISH REMOVAL expire 3/31/81 Larry's Quality Sanitation renewal Woodlake Sanitary Service renewal ITEM M. Approve the May 12, 1960, bills for payment. ITEM N. Set public hearing for 8:10 p.m. on Tuesday, May 27, 1980, on the variance appeal of Thomas J. Johnson, 8025 Red Oak Drive. The Mounds View City Council was called to order at 7:35 P.M. on May 12, 1980, by Mayor McCarty. Members Present: Rowley, Hodges, Forslund, McCarty Members Absent: Ziebarth Also Present: City Attorney Meyers, Clerk- Admini- strator Anderson, Building and Zone Official Rose, and City Engineer Daniel Boxrud. Mayor deferred the minutes of March 24, 1980, until the next meeting since copies were not available to other Council members. Rowley made a motion that the April 17th minutes be approved and signed. Forslund seconded the motion. Ayes -4 Nays -0 The motion was carried. City Council considered approval of minutes for the April 28, 1980, regular meeting. Mayor called for any corrections or additions to the minutes as submitted: Forslund- 1. PROCEEDINGS OF THE CIS( C''!NCIL CITY OF MOUNDS VI7W RAMSEY COUNTY, MINNESOTA Rowley moved to adopt the April 28, 1980, regular meeting minutes as amended. Forslund seconded the motion. Ayes -4 Nays -0 The motion was carried. 2401 Hwy. Requested tnat her absence at the last meeting (4- 28 -80) be documented as "due to illness Corrections Draft #1) 5/16/80 Draft #2) 5/21/80 Final Draft) 5/28/80 Regular Meeting May 12, 1980 Mounds View City Hall 10, Mounds View, MN 55112 1. CALL TO ORDER 2. ROLL CALL 3. APPROVAL OF MARCH 24, 1980 REGULAR MEETING MINUTES 4. APPROVAL OF APRIL 17, 1980 SPECIAL MEETING MINUTES (MOTION CARRIES) 5. APPROVAL OF APRIL 28, 1980 REGULAR MEETING MINUTES (MOTION CARRIES) MOUNDS VIEW CITY COUNCIL Regular Meeting PAGE 2 May 12, 1980 The Mayor asked if there were any comments from the residents in the audience. There were no replies. Rowley requested that Item 5.D. be removed from the consent agenda. Forslund requested that Item 5.M. read as follows: M. Bills for Payment- Resolution 1108 Rowley made a motion that the consent agenda be approved with the exclusion of Item 5.D. and the addition to Item 5.M. Hodges seconded the motion. Ayes -4 Nays -0 The motion was carried. Councilmember Rowley noted that both Building and Zone Official Rose and Acting Clerk- Administra- tor Bruce K. Anderson would be off duty from June 30 -July 6 and that would require an appointed deputy clerk for that period of time. Rowley made a motion, seconded by Hodges that the Council appoint Janice Wiehle as acting deputy clerk for the period of June 30 -July 6, 1980. Ayes -4 Nays -0 The motion was carried. Hodges made a motion, seconded by Forslund to accept the 3.2 liquor license ordinance as it stands. Ayes -4 Nays -0 The motion was carried. Official Rose summarized the development proposal by Wolfe and Associates as approved by Council on 4 -2 -80. He reminded Council that a public hearing will be held on May 27, 1980 at 8:00 P.M. regarding the financing request. 4. RESIDENTS REQUESTS AND COMMENTS FROM THE FLOOR 5. CONSENT AGENDA (MOTION CARRIES) 6. ITEM 5.D. FROM CONSENT AGENDA: VACATION SCHEDULE (MOTION CARRIES) 7. 3.2 LIQUOR LICENSE ORDINANCE (MOTION CARRIES) 8. WOLF AND ASSOCIATES INDUSTRIAL DEVELOPMENT, CONDITIONAL CONCEPTUAL APPROVAL CASE 50 -80 MOUNDS VIEW CITY COUNCIL Regular Meeting PAGE 3 May 12, 1980 At this time, the applicant is requesting a condi- tional conceptual approval, contingent upon the T.E.M. financing method, to allow the architect to develop final plans and specs. Rowley made a motion, seconded by Hodges to grant conceptual approval of site plan, contingent upon the approval of the T.E.M. financing. Also, should the developer occur expenses due to the conceptual approval and the T.E.M. is not approved, the City is held harmless from those expenses. Ayes -4 Nays -0 The motion is carried. (MOTION CARRIES) McCarty made a motion to amend the previous motion by stating: There would be a $500 deposit for admini- strative costs to the City from the developer. Hodges seconded the motion. Ayes -4 Nays -0 The amendment to the previous motion is carried. (AMENDMENT TO MOTION CARRIES) The regular meeting closed at 8:02 P.M. Official Rose opened the public hearing by reviewing the last council action on this issue on January 3, 1980. At this time, Council stated that contingent upon receipt of a request from Franklin J. Veno, the matter would be tabled until the City Council had time to review the frontage ordinance. On May 7, 1980, the zoning code regarding lot frontages was revised to read as follows: 40.06 Subd. B(3) Subdivisions. The City Council may authorize the creation of a lot or lots that do not fully conform to the width requirements specified in (1) above under the following conditions: (a) the lot or lots must be interior and zoned R -1 Single Family District; (b) the frontage of the existing lot or lots shall not be 170 feet or more, nor less than 150 feet, and the new lots created shall not be less than 75 feet in any case; 9. Public Hearing Bayport Acres Preliminary Plat MOUNDS VIEW CITY COUNCIL Regular Meeting PAGE 4 May 12, 1980 (c) the minimum square feet area requirements in (2) above shall be provided; (d) all existing structures and any proposed structures shall meet all yard requirements under Chapter 40.05. This revision allows the 82.5 foot lot frontages on Bayport Plat. At this time, Staff is recommending that the plat be approved upon the following conditions: 1. The developer finalizes his plat and drainage plans pursuant to the S.E.H. recommendation in a letter dated 11/2/79. 2. That the ponding and drainageway areas be noted as drainage easements on the final plat. 3. That the Developer submit his revised plat and drainage plan to Rice Creek Watershed District for written approval prior to the City's final action on the plat. 4. That staff be directed to draft a resolution and development agreement for final approval. The development agreement would include the following: Exhibits: Final Plat, Grade Plan, Legal description Bond or Letter of Ci.edit or cash in the amount of $5,500. Dan Boxrud, City Engineer, briefly reviewed the planning considerations of the proposal, indicating the pond elevation will be raised to 905.5 to allow for extra drainage. The Mayor opened the meeting to discussion and questions from the audience: Q.How many inches of rainfall would have to fall within a 24 hour period before I would have the overflow in my place? (Harry Gum, 7805 Greenwood) A.(Engineer) No more water will leave the site in the future than it does today. Pursuant to Res. 983, plans show a water detention area which will detain water after a major storm and release the water to the existing storm sewer at the north property line at the same rate were the property left in its undeveloped state. Q.Will the sewer head take a 50 year storm? (Sharon McCarthy,) A.(Engineer) No, but the pond will take a 50 year storm. MOUNDS VIEW CITY COUNCIL Regular Meeting PAGE 5 May 12, 1980 Q. Is there a bank going down to the top of the head sewer? How is it oing to be held back? (Sharon McCarthy) (Engineer) Spot elevation shows that water will not go into this area and that a stub rather than a catch basin will be used. What type of stub will be used? (McCarthy) (Engineer) It is not clear from the grading plan. Q. There is a 1 1/2 foot drop off within a 5 foot area going up to the catch basin; therefore, there is no drainage into the catch basin at all. It now holds the water in it, if this is filled in, won't that overload the catch basin ?(McCarthy) A. (Engineer)The pond is actually going to be able to hold more than it does now. Q. A. Q. How far does the sewer base drain? (McCarthy) A. (Engineer) 2 blocks east of Long Lake Road, then it hits a ditch. And, going west, it will go to the back lot line of Greenwood. Q. What is the water table level in that area? (McCarthy) A. (Engineer) 902 -904 Q. I currently have a split entry home and I have problems with a flooded basement. What precautions will be taken to assure the future residents of this development that this will not happen to them too? (McCarthy) A (Building and Zoning Official Rose) There are certain standards such as a drain tile and coded wall that must be installed and will be enforced by the City. (Attorney Meyers interjected here that the Developer will have to post a 7 year bond in order to make sure nothing is contrary to the city ordinance). Q. What assurance does the private citizen have that these codes and requirements will be adhered to? (Neil Loding, 5046 Longview Drive) A. (Mayor) Before the developer can get an occupancy permit, they have to comply with the building code requirements, which have been periodically reviewed during the construction phase by the City. If any questions arise, the public can contact the Building and Zoning Official. MOUNDS VIEW CITY COUNCIL Regular Meeting PAGE 6 May 12, 1980 After more general discussion, the Mayor declared the public hearing to be closed at 8:30 P.M. The Regular Meeting re- opened at 8:30 P.M. Hodges made a motion, seconded by Forslund to accept the preliminary plat based upon the following conditions: 1. The developer finalizes his plat and drainage plans pursuant to the S.E.H. recommendation in a latter dated 11/2/79. 2. That the ponding and drainageway areas be noted as drainage easements on the final plat. 3. That the Developer submit his revised plat and drainage plan to Rice Creek Watershed District for written approval prior to the City's final action on the plat. 4. That staff be directed to draft a resolution and development agreement for final approval. The development agreement would include the following: Exhibits: Final Plat Grade Plan Legal Description Bond or Letter of Credit or cash in the amount of $5,500. Ayes -4 Nays -0 Ayes -4 Nays -0 The motion was carried. (MOTION CARRIES) Forslund made a motion, seconded by Hodges to approve the rezoning of Lots 5 6 shown on the Bayport Acres preliminary plat from R1 -R2 contingent on the approval of the final plan. The motion was carried. (MOTION CARRIES) Official Rose presented the Council with the recommendations from the City Engineer for the improvements as well as Staff's recommendations for action. The Mayor asked Mr. Kremer if he had any additional comments. Mr. Kremer replied that he had none. Councilmember Forslund asked if this was standard with the city? The City Engineer replied that it was not. Rowley made a motion, seconded by Hodges to approve the recommendations made to Council by the City Engineer on May 2, 1980, which read as follows: 10. WATER AND SEWER IMPROVEMENT LEONARD KREMER MOUNDS VIEW CITY COUNCIL Regular Meeting PAGE 7 May 12, 1980 "We have received revised plans and specifi- cations from the owner's engineer. We recommend approval of these plans and speci- fications subject to the following: 1. A suitable detail for manholes should be included in the plans (48 inch diameter with aluminum steps 16 inch on center). 2. The engineer(owner's) specified a special adjustable man hold casting unlike others the city now has in service. We (City) recommend that this casting be ap- proved for this project due to its flexi- bility, subject to the approval of the utilities department. 3. The PVC sanitary sewer should be bedded in an approved granular encasement rather than with Class C bedding as specified in paragraph 3 of the sanitary sewer specifi- cations. The developer's agreement should include a requirement that easement documents be sub- mitted and approved prior to construction beginning." The motion also includes Staff's recommendation for them to draw up a development agreement with the following criteria: Exhibits: Plans and Specs, Permanent Easement, Construction Easements, Legal Descriptions, Time Deadlines Bonding Letters of Credit or Cash: 20,000 for improvement; 1,000 for inspection; 1,000 for Administrative; Contractors Bond to read in favor of the City. Then, to approve the Admini- strator and Mayor ro execute the agreement when it is prepared. Ayes -4 Nays -0 The motion was carried (MOTION CARRIES) The Council recessed for a break at 8:48 P.M. The Council reconvened at 9:11 P.M. Council reviewed the City Engineer's recommendations in a letter dated May 8, 1980. The Mayor stated he will take the responsibility of organizing the brush clean -up and the marking of the trees that are to be removed. Then, Virgil Beyer(Excavator) can come in to do his part of the job. Official Rose will check out the insurance coverage for Mr. Beyer for this procedure. The date for excavation was tentatively set for June 7, 1980. 11. ARDEN AVENUE DITCH CLEANING Official Rose had no report. 12. REPORT OF THE BUILDING AND ZONING OFFICIAL MOUNDS VIEW CITY COUNCIL Regular Meeting PAGE 8 May 12, 1980 Attorney Meyers reminded Council that the City becomes obligated to fund minimum requirements for pension plans if they become a part of the Fireman's Relief Association Board. Rowley: 1. Reminded Council of the Ramsey County League Local Government meeting regarding what can and cannot be done in the Watershed District on Wednesday, May 21, 1980. Contact Bruce Anderson for more information. 2. She will need lodging facilities in order to attend the League of Minnesota Cities Conference in Duluth in June. Forslund: 1. She will also need lodging facilities for the conference in June (League of Minnesota Cities) 2. Reminded Council of the Met Council meeting at 5:00 P.M. on May 22, 1980, to review the water quality management program. 3. There was a meeting in Shoreview on the condominium issue. She will get copies of the minutes for Council to review. 4. The buffer fence located at the apartment com- plex on Highway 10 between Sunnyside Road and Eastwood is a health and safety threat to the children of the apartment complex. Due to their playing and climbing on the fence, a police report shows an incident where a child was injured after falling off the fence onto the homeowner's property next to the apartment complex. The fence is in poor condition and Councilmember Forslund requests that Council look into requiring a childproof fence and that this fence be extended on the east and west side of the apartment property. Attorney Meyers suggested to Official Rose that the initial step would be to review the developer's agreement to see whose responsibility it is to main- tain that fence. 5. Northwestern Bell is having a National Handicap Awareness Week function on May 23, 1980, which will explain the programs and facilities available in this area for the handicapped. This will be on an RSVP basis. Hodges: 1. Youth Service Bureau (handout) is having an open house on May 15, 1980. Mayor McCarty: 1. Asked Official Rose to invite Mr. Hamilton from Rice Creek Watershed District to the meeting on May 21, 1980. 2. The fifth annual community education meeting will be held on May 22 and the Mayor needs someone to attend for him. 3. There is a meeting on county -wide criminal and justice planning this Friday through Ramsey County. 13. REPORT OF THE CITY ATTORNEY 14. REPORT OF THE COUNCILPERSONS MOUNDS VIEW CITY COUNCIL Regular Meeting PAGE 9 May 12, 1980 4. Referred Council to the agenda handout which explained Mr. Lawrence Bulinskis' request (7801 Eastwood Drive) to waiver the late fee charged to him on a utility bill because he states he never received the bill. After discussion, Mayor McCarty directed Staff to contact this person and inform him that, lacking more solid evidence that he did not receive a bill, at this point in time no action can be taken. Mayor called for any other business to come before the City Council; upon hearing none he requested a motion fog' adjournment. Rowley moved for adjournment and Hodges seconded the motion. Ayes -4 The motion was carried. Nays -0 The meeting was adjourned at 10:10 P.M. /ret 15. ADJOURNMENT (MOTION CARRIES) Bruce K. Anderson Acting Ci Adm' strator