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HomeMy WebLinkAboutMinutes - 1980/08/11I, Duane McCarty, request a Special Council Meeting on Monday, August 18, 1980 at 7:00 p.m. at the Mounds View City Hall. The purpose of this meeting is to ratify my appointment of election judges for the 1980 elections which was made on August 15, 1980. i2 c-G i 1 Mayor CITY COUNCIL MEETING CITY OF MOUNDS VIEW AUGUST 11, 1980 7:30 p.m. A G E N D A 1. Call to Order 2. Roll Call 3. Approval of Minutes: July 28, 1980 (Regular Meeting) August 4, 1980 (Special Meeting) 4. Residents Requests and Comments from the Floor CITIZENS: BEFORE SPEAKING, PLEASE GIVE YOUR FULL NAME AND ADDRESS FOR THE MINUTES 5. Approval of Consent Agenda ITEM A. Approval of Resolution No. 1137 entitled, "Support of Handicapped Facilities for Existing Commercial and Industrial Buildings Within Mounds View." ITEM B. Authorize City Attorney to review 40.04, Subd. C(3) a. and other related sections to render an opinion to the Planning Commission with regard to its application to Case 61 -80. ITEM C. Authorize Northwest Associated Consultants, Inc. to review Case 47 -80 per the direction of the Planning Commission found in their August 6, 1980 minutes at a cost not to exceed $1,000. ITEM D. Approval of Resolution No. 1135 regarding the City's membership with the International City Management Association (ICMA) ITEM E. Approval of Resolution No. 1138 approving completion of Development Agreement 78 -23, Midway Industrial Supply and the release of Bonds USF G #47- 0120 8181 -78 ITEM F. Approval of Resolution No. 1139 approving completion of Development Agreement 79 -31, J W Instruments, Inc. and release of the Centennial State Bank of L•exington Letter of Credit dated January 4, 1980 in the amount of $28,400.00. ITEM G. Approval of Resolution No. 1140 appointing Marquette National Bank as Paying Agent of $75,000 General Obligation Sanitary Sewer Revenue Bonds ITEM H. Licenses for Approval ITEM I. Approve Resolution No. 1136 Bills for Payment Agenda 6. Public Hearing at 8:00 p.m. 2 August 11, 1980 Lee C. Smith Property involved 7288 Silver Lake Road Rezoning R -1 (single family) to I -1 (light industrial) Case 59 -80 7. Bayport Acres Rezoning R -1 to R -2 8. Review of Development Agreement 80 -33, Silver Lake Road Water Improvement, Karlen Addition 9. Local #49 Union Update 10. Park Bond Referendum Update 11. Report of Building and Zoning Official 12. Report of Attorney 13. Report of Administrator 4 -Way Stop, County Road I and Silver Lake Road Minnesota Cable Communication Board Met Counci_, 1980 -81 Capital Improvement Program Short Elliott- Hendrickson letter of July 18, 1980 League of Minnesota Cities letter of August 4, 1980 14. Reports of Councilmembers 15. Adjournment CONSENT AGENDA AUGUST 11, 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 Councilmember, any item can be removed from the consent agenda and placed upon the regular agenda for debate. ITEM A. Adopt Resolution 1137 entitled, "Support of Handicapped Facjlit.es for Existing Commercial and Industrial Buildings within Mounds View and direct the Building and Zoning Official to Complete the Form Letter with Regard to Existing Commercial and Industrial Building Handicapped Needs. A copy of the Resolution and Form Letter are attached. ITEM B. Authorize City Attorney to Review 40.04, Subd. C(3) a. and other related sections to render an opinion to the Planning Commission with Regard to its Application to Case 61 -80. ITEM C. Authorize Northwest Associated Consultants, Inc. to review Case 47 -80 per the Direction of the Planning Commission found in their August 6, 1980 Minutes at a cost not to exceed $1000.00. This cost shall be prepaid by the Applicant of Case 47 -80 prior to the ordering of the Study by the Building and Zoning Official. ITEM D. Adopt Resolution 1135 Regarding the City's membership to the International City Management Association (ICMA). A copy is attached. ITEM E. Adopt Resolution No. 1138 approving completion of Develop- ment Agreement 78 -23, Midway Industrial Supply and the release of Bonds USF G 4;47 -0120- 8181 -79. ITEM F. Adopt Resolution No. 1139 approving completion of Develop- ment Agreement 79 -31, J W Instruments, Inc. and release of the Centennial State Bank of Lexington Letter of Credit dated January 4, 1980 in the amount of $28,400.00. ITEM G. Adopt Resolution No. 1140 appointing Marquette National Bank as Paying Agent of $75,000 General Obligation Sanitary Sewer Revenue Bands ITEM H. Licenses for Approval: GENERAL CONTRACTORS Renewal Expire 6/30/81 Advance Construction Curt Bullock Builders, Inc. Capp Homes Gorco Construction Riggs Construction Western Construction Co. CONSENT AGENDA 2 August 11, 1980 BLACKTOPPING Renewal Expire 6/30/81 Carl B. Anderson Blacktopping Blacktop Driveway C S Blacktopping Northern Asphalt HEATING Renewal Expire 6/30/81 St. Marie Sheet Metal, Inc. Suburban Air Conditioning SEWER AND WATER Renewal Expire 6/30/81 Midwestern Mechanical ITEM I. Adopt Resolution No. 1136 Approving Just and Correct Claims Against City Funds PROCEEDINGS OF THE CITY COUNCIL DATE APPROVED: 8 -25 -80 CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA The Mounds View City Council was called to order at 7:36 P.M. on August 11, 1980 by Mayor McCarty. McCart (Page 4, #10, second line of the motion After Resolution #1131, include "tea resolution approving the subdivision of lands to be known as Bayport Acres) (Page 4, #10, second line of the second motion) After Resolution #1132, include "(a resolution which approves Development Agree- ment No. 80 -36) Hodges made a motion, seconded by Ziebarth, to adopt the minutes of August 4, 1980 as presented. Ayes -4 Nays -0 Regular Meeting August 11, 1980 Mounds View City Hall 2401 Hwy. 10, Mounds View City Hall 1. CALL TO ORDER Members Present: Forslund, Hodges, Ziebarth, 2. ROLL CALL and Mayor McCarty. Members Absent: Rowley Also Present: Acting Clerk- Administrator Anderson, City Attorney Meyers, and Building Zoning Official Rose. Corrections: 3. APPROVAL OF JULY 28, 1980 REGULAR MEETING Hodges: (Page 2, #7., second paragraph) MINUTES The motion should read "seconded by Ziebarth not "Hodges (Page 7, 4th paragraph). Should read "The Ardan Avenue ditch" not "bridge MOTION: Forslund made a motion, seconded by Ziebarth, to adopt the minutes of July 28, 1980 as corrected. Ayes -3 Ir1OTION CARRIES. Nays -0 Abstentions -1 (Hodges -He was not present at the last meeting and he wished to abstain from voting.) (MOTION CARRIES) 4. ARPROVAL OF AUGUST 4, 1980 SPECIAL MEETING I•II NUTES MOTION CARRIES. (MOTION CARRIES) MOUNDS VIEW CITY COUNCIL Regular Meeting Page 2 August 11, 1080 Jess Varns, 7350 Silver Lake Road,and 5. RESIDENT REQUESTS AND Ron Varns, 7350 Silver Lake Road 1formed COMMENTS FROM THE the Council of the high level of noise on FLOOR Silver Lake Road, especially during the hours of the late night /early morning when cars would drag race or motorcycles would create extra noise unnecessarily. They asked Council what the status of the noise ordinance for Moundsview was. Mayor McCarty and Councilmember Ziebarth in- formed them that it is currently under review, and that some suggestions for a noise ordinance should be presented later in August to the Council. In the meantime, Mayor McCarty directed Acting Clerk Administrator Anderson to notify the Police of this situation and to contact Jess and Ron Varns as to the action taken by the Police Department. Robert Erickson, I3 E Enterprises, asked the Council to approve the development agreement for the development of a lot along County Road I into a duplex. Council needs to approve the development agreement before Staff can issue a permit. MOTION: McCarty made a motion, seconded by Ziebarth, to authorize staff to executive a development agreement amendment for B E Enterprises at the property at 2509 -2511 County Road I to include a 60' setback from the westerly border and that staff should assist in recording the easement of 30' for road dedication. Ayes -4 Nays-0 MOTION: Ziebarth made a motion, seconded by Hodges to approve the consent agenda items A and E -I (excluding Item D). Ayes -4 Nays -0 MOTION: McCarty made a motion, seconded by Ziebarth, to dispense with the reading of the resolutions included in the consent agenda. Ayes -4 i`Jay s 0 MOTION CARRIES. (MOTION CARRIES) 6. APPROVAL OF CONSENT AGENDP. MOTION CARRIES. (NOTION CARRIES) CAI;IUE:: (i'OTION CARRIES) MOUNDS VIEW CITY COUNCIL Regular Meeting Page 3 August 11, 1980 Forslund made a motion, seconded by Hodges to adopt Resolution 1135 (resolution outlining Mounds View's status with the International City Management Association- ICNA) as presented tonight, August llth, and to dispense with the reading. Ayes -4 Nay s -0 MOTIOII CARRIES. Mayor McCarty read the resolution. MOTION: Ziebarth made a motion, seconded by Hodges, to approve resolution #1141 resolution requesting to reviewing governmental agencies regarding proposed lake by M E Realty Company and Kraus Anderson, Incorporated). Ayes -4 Nay s -0 MOTION CARRIES. The regular meeting closed at 8:04 P.M. The public hearing opened at 8:04 P.I•,. Mr. Lee C. Smith -Could we change the request to commercial instead of light industrial? Would this settle the matter? (Mayor -The issue is of property use, not title that we are concerned with). Mr. Jess Varns, 7350 :silver Lake Road, stated that years ago, when there was a bus depot there, there was a lot of noise generated throughout the neigh- borhood. He stated opposition to granting the rezoning of 7288 Silver Lake Road. Mr. Jim Wyatt -owner of 7288 Silver Lake Road. he stated there would be no noise generated from his proposed use of the property. 11r. Don Peters, 7408 Silver Lake Road, asked what type cf business was going to be installed by Mr. 'Wyatt. (Mayor -Mr. Wyatt is proposing a repair shop for snow- mobiles and motorcycles. Mayor McCarty also noted that he was not stating this shop would generate extra noise, but that the issue really was a commercial zone did not currently exist in this residentially zoned area). Mr. Don Shaft, 2824 County .toad J -2, noted that Mr. Wyatt had made some innprovement:> on the property. However, he was not in favor of rezoning it to I -1, and stated the possibility of a future owner other than Mr. Wyatt usinE, the 1 -1 zonin,', for other purposes which could create even more of a disturbance to the neighborhood. 7. ITEM a- CONSENT AGENDA APPROVAL OF RESOLUTION NO.1135 (Regarding City's membership with the International City Management Association) (MOTION CARRIES) 8. RESOLUTION #1141 (MOTION CARRIES) 9. PUBLIC HEARING Lee C. Smith 7288 Silver Lake Rd. Case 59 -80 MOUNDS VIEW CI`T'Y COUNCIL Regular Meeting Page 4 August 11, 1980 Mr. Thayer, 7400 Silver Lake Road, stated he agreed to deny the rezoning to I -1. Public hearing closed at 8:10 P.M. The regular meeting re- opened at 8:10 P.M. Mayor McCarty noted that the Planning Commission had reaffirmed this area as low density residential and that it would be creating a substandard industrial lot constituting spot zoning if it were changed to an I -1. MOTION: Ziebarth made a motion, seconded by Hodges, to deny the request of the existing R -1 to I -1 industrial at 7288 Silver Lake Road because of the effect on the public's health, safety, and welfare. Council further deems that there would be an increase in traffic of a kind that could constitute public nuisance. The proposed rezoning and use could also affect the property values of the abutting properties. Ayes -4 Nays-0 MOTION CARRIES (MOTION CARRIES) Mr. Lee Smith asked the Council what use this property could have within the R -1 zoning. Mayor McCarty responded that the Council was not in a position to recommend land uses other than R -1 in an R -1 district. Mr. Jim Wyatt asked the Council that since he could not continue to improve the land for usage as a repair shop, that he could leave the land as it was right now? Official Rose reminded ilr. Wyatt that some improvements made by him on this property had continued against his (Official Rose) recommendations. Pending discussion with the city attorney, the City may be notifying him (I•ir. Wyatt) that he had to remove one of the driveways. The Mayor interjected at this point that it was the responsibility of citizens to check compliance with tv code's before doing any improvements /remodeling. A decision on .•,r. yatt's property improvements could not be made until an inspection occurred by the City. Official Rose recapped the following for the Council regarding Bayport Acres iezoning issue: A public hearing was held on i•iay 12th. used upon a motion which approved the preliminary plat and rezoning contingent upon approval of the final plat (with the requirements that Council placed on it), the final plat was approved at the July 28th City Council meeting,. 10. O AY ORT ACRES REZ0i;Ii G R -1 to R -2 (Ordinance 296) MOUNDS VIEW CITY COUNCIL Regular Meeting Page 5 August 11, 1980 The City requires rezoning to take place by ordinance. The ordinance has to be read twice. It can be adopted 14 days after the first reading, and it will go into effect 30 days after the date of publication. Mayor McCarty read Ordinance 296 (which amends the Municipal Code of Mounds View by amending Chapter 41 entitled "Rezonings" Lot 17 Spring Lake Park Hillview is rezoned from R -1 to R -2). MOTION: Ziebarth made a motion, seconded by Hodges to approve the first reading of Ordinance 296. The second reading will take place at the August 25th City Council meeting. Ayes -4 Nays -0 Daniel Boxrud, City Engineer, was present. 11. He reported to the Council that the developer's contractor had completed installation of the watermain for the subject project. Since the City was not notified until construction began, complete inspection was not rendered. However, Engineer Boxrud reported the final testing of the watermain was witnessed and he can certify that it passed the required tests. If there would be any problems related to pipe bedding, it should become evident during the one year guarantee period. Engineer i3oxrud further recommended that acceptance of the watermain be contingent upon receipt of the proper bond fromthe developer for the one year guarantee period in the amount of the original improvement and receipt of suitable as built drawings. MOTION: I.1cCarty made a motion, seconded by Ziebarth to approve Resolution 1142(in reference to the watermain installation for developer agreement 80 -33) and to dispense with the reading. Ayes -4 MOTION CARRIES. TIME Ii0TI01J WAS CARRIED. (MOTION CARRRIES) Nay s -0 MOTION: i•icCarty made a motion, seconded by Forslund to adopt Resolution 1143 (authorizing the release of w19,000 cash escrow as per developer agreement 80 -33) and to dispense with the reading. (MOTION CARRIES) REVIEW OF DEVELOP- MENT AGREEMENT 80 -33, Silver Lake:' Road Water Improve ment, Karlen Addition (Resolution 1142) (Resolution 1143) Ayes -4 THE :.0'1'IOii WAS CARRILE. (i3O'iIOd CARRIES) Says -U MOUNDS VIEW CITY COUNCIL Regular Meeting Page 6 August 11, 1980 Clerk Administrator Anderson informed the Council that he has met with the mediators on three separate occasions with Cy Smythe, Labor Relations, and Attorney Meyers. He read the 12 points of agreement as stated in Anderson's memo to the City Council on August 8, 1980. MOTION: Ziebarth made a motion, seconded by Forslund to adopt Resolution 1144 which will enumerate the agreement by the City of Mounds View and the Local Chapter 49'ers union and will include. the 12 points as stated by Acting Clerk Administrator Anderson tonight (and his memo of August 8, 1980). The contract will be effective retro active to July 25, 1980. Ayes -4 Nay s -0 Ayes -4 Nays-0 Ayes -4 Nays-0 THE MOTION WAS CARRIED. The Council recessed at 9:10 P.M. The Council re- opened the meeting at 9:25 P.M. MOTION: Hodges made a motion, seconded by 13. Ziebarth, to adopt Resolution 1145 (a resolution determining the desirability of issuing $1,600,000 general obligation park bonds and providing for an election thereon), and to dispense with the reading. MOTION: Ziebarth made a motion, seconded by Forslund to adopt Resolution 1146 (a resolution giving notice of the special bond election on November 4, 1980) and to dispense with the reading. No report per Official Rose. THE. NOTION WAS CARRIED. THE iiOTION WAS CARRIED. No report per Attorney i•ieyers. 12. Local #49 Union Update (Resolution 1144) (MOTION CARRIES) PARK BOND REFERENDUM UPDATE (Resolution 1145 and Resolution 1146) (MOTIONS CARRY) 14. REPORT OF THE BUILDING AND ZONING OFFICIAL 15. REPORT OF ATTORNEY MOUNDS VIEW CITY COUNCIL Regular Meeting Page 7 August 11, 1980 Acting Clerk- Administrator Anderson reported 16. REPORT OF ADMINI that there will be a branch pickup. He is STRA`T'OR recommending that a chipper be rented so the chipping could take place as the pick up was made. The CETA people would be doing the work with a union person running the chipper. MOTION: McCarty made a motion, seconded by Hodges toauthorize staff to rent two chippers for two weeks for a total cost not to exceed $1800 to be paid from the contingency account. Ayes -4 Nays -0 THE IMMOTION WAS CARRIED. (MOTION CARRIES) Councilmember Forslund suggested the City contact the insurance carrier forthe City to make sure the operator of the chipper would be covered. 4 way stop, County Road I and Silver Lake Road: He will follow up onthis. Minnesota Cable Communication Board: They are continuing to meet. -Met Council- 1980/81 Capital Improvement Program: They are asking for Council input. SEH letter of July 18, 1980 regarding the storm drainage problem occurring near the corner of County Road J and Knollwood Drive. They are suggesting a study of the situation in accordance with Section I.B. of the current Agreement for Engineering Services between the City of Hounds View and SEH, Inc. Staff will have this item on the next agenda sessionwith more information. League of Minnesota Cities letter of August 4, 1980, regarding the proposed building project for LiIC. They are asking for contributions from member cities. After discussion, the Council chose the lump sum cption of 57,000 with a second option of the five year plan (totaling $9,233.00). Staff will send a letter to Li4C with this information. Mayor McCarty noted that they are 13 election 17. REPORT OF judges short for the upcoming elections. COUNCILEIZERS Councilmember Forslund asked that copies of the final approved minutes be distributed to the Council. Hodges noted a noise organization meeting coming up this week Thursday. Ziebarth noted that he will be talking to the Police Chief about the noise ordinance. MOUNDS VIEW CITY COUNCIL Regular Meeting Page 8 August 11, 1980 Ziebarth made a motion, seconded by Ilodges to adjourn the August 11, 1980 City Council meeting. Ayes -4 Nays-0 /ret THE MOTION WAS CARRIED. The meeting adjourned at 10:15 P.M. ectfully subm 18. ADJOURNMENT ruce K. A der .n Acting C1erk- Adminis rator (MOTION CARRIES)