HomeMy WebLinkAboutMinutes - 1980/09/22Call to Order
Approval of Minutes:
Residents requests and comment
7. Publi Hearing 7:10 p.m.
8. Development Controls
CITY COUNCIL MEETING
CITY OF MOUNDS VIEW
SEPTEMBER 22, 1980
AGENDA
Official Commendation to Cecelia Quaife as Minnesota State Teacher
of the Year
September 8, 1980 Regular Meeting
September 15, 1980 Special Meeting
from the floor
CITIZENS: BEFORE SPEAKING, PLEASE GIVE YOUR FULL
NAME AND ADDRESS FOR THE MINUTES
Approval of Consent Agenda
ITEM A. Approve Resolution No. 1159 Appointing 1980 Water Meter
Readers
B. s prays- Reeelatea -ate: 114e- iieappertieniag- Assessments
4er- Baypert -Acres -Piet Item W
C. Approve Resolution No. 1160 entitled "Policy for Usage
of City Hall Community Room"
D. Approve Resolution No. 1161 Accepting the Comprehensive
Plan Policy Plan /Development Framework as Submitted
and Recommended by the Planning Commission
E. Set Special Meeting for September 30, 1980 Second
Reading of Ordinance No. 297
F. Approve Bills for Payment Resolution No. 1162
Messiah Lutheran Church
Property involved: 2848 County Road H2
Conditional Use Permit (R -1 Private Education Institution/
Day Care)
Case 62 -80
Wolf Associates, Inc.
Office /Warehouse Facility (I -1)
Mounds View Industrial Park #3
4860 Mustang Circle
Development Agreement 80 -39 (Resolution No. 1163)
10. Report
Ordinance No. 110 Peddlers /Solicitors /Transient Merchants
12. Report of City Attorney
13. Report of
14. Report
15.
Steven Brown Peddler License
of Building and Zoning Official
Report of Parks and Recreation Director
Adjournment
Councilmembers
of Administrator
C.
ITEM D.
ITEM E.
CONSENT AGENDA
September '22,
1980
The consent agenda is a technique designed to expedite handling o
routine and miscellaneous official business of the
!City Coun
be o vtire agenda may on technique
by the Council in motio
The motion,for adoption is non debatable and must receiv unanim
approval. By request of any individual C ounc l member, any item can
be removed from the consent agenda and p
upon ter._ re
agenda f or debate.
and
ITEM A. Adopt? Resolution No- 1159;Appointing 1980 Water Meter Readers
ITEM B. Adopt Resolution No ±6e -Reapportioning -Assessments -fee
Bayport Acres Plat Item Withdrawn
ITEM Adopt, Resolution No. 1160 Policy for Usage of the City
Hall, Community Room
Adopt Resolution No. 1161 Accepting the Comprehensive
Plan Policy Plan /Development F as Submitted
Recommended by the Planning Commission
Set Special Meeting for September 30, 1980 for the Second
Reading of Ordinance No. 297
ITEM F Adopt Resolution No. 1162 Approving Just and Correct Claims
Against City Funds
The Mounds View City Council_ was called to
order at 7:30 P.M. on September 22, 1980,
by Mayor McCarty.
Mayor McCarty presented to Cecelia Quaife an
official commendation as Minnesota State
Teacher of the Year from the City of Mounds
View, (Resolution 1155). IVis. Quaife thanked
the Council for their support and recognition
and also commented that she was proud to be
part of the Mounds View community.
MOTION:
MOTION:
PROCEEDINGS OF THE CITY COUNCIL
CITY OF MOUNDS VIEW
RAMSEY COUNTY, MINNESOTA
Rowley made a motion, seconded by Ziebarth,
to approve the regular meeting minutes of
9 -8 -80 as presented.
Ayes -5 Nays -0 THE I•iOTIOiJ CARRIED.
Rowley made a motion, seconded by Forslund,
to approve the special meeting minutes of
9 -15 -80 as presented.
Ayes -5 Mays-0 THE MOTIOM CARRIED.
James Odle, 8070 Red Oak Drive:
Date Approved:
Meeting
September 22,1980
mounds View City Hall
2401 Hwy. 10, Mounds View City Hall
Members Present: Forslund, Rowley, Hodges, 2. ROLL CALL
Ziebarth, and Mayor :McCarty.
Also Present: Attorney Meyers, Clerk- Admini-
strator Pauley,;' and `Building Zoning Offi-
cial Rose.
TO ORDER
3. OFFICIAL COM-
MENDATION TO
CECELIA QUAIFE
(RES.l155)
4. APPROVAL OF
9 -8 -80 MINUTES
5. AiPROVAL OF
9 -15 -80 I•III'UTES
6. RESIDENTT
COMMENTS
Mr. Odle informed the Council that he had applied FLOOR
for a permit to asphalt his driveway a few weeks
ago. When the inspector came out to his home, he
was told that his driveway would have to be a mini-
mum of 5' from the lot line. The current gravel
driveway is not set a minimum of 5' from the lot
line. In order to comply with this requirement,
:EQUESTS/
FROI•i THE
IiOUI3DS VIEW CITY COUNCIL September 22, 19b0
Regular Meeting Page Two
I1r. Odle indicated that he would need to
put in an s- shaped drive which would be
very impractical. Upon receiving this in-
formation from the inspector, Mr. Odle
came to City Hall and reviewed the present
city codes. He noted to. the Council that
he did not find this requirement clearly
stated in the codes. He is present at this
Council meeting to ask for additional clari-
fication as well as approval for a variance.
Official Rose noted to Council that he had
been working with 1Ir. Odle on this matter.
Rose noted a point of confusion in the past
regarding this code was in regard to the need
ofpermission or an agreement from the resident's
neighbor to allow a driveway closer than 5' to
the lot line. Rose stated that the existing
Code 40.05 Subd c (b) states that a 5' setback
on the garage side is allowed. Code Section
40.05 Subd. D does not list a driveway as a
"considered encroachment on yard setback re-
quirements
Code Section 40.07 Subd. D (8) g states the
curb out openings in a residential district
may come within 3' (intended to give a radius
paving at the curb cut, not to allow driveway
setbacks to exceed a minimum of 3' up to the
line). Code Section 40.07 Subd. D (8) states
that, except for single, two family and town
houses, a perimeter curb barrier is required,
around a parking lot not closer than 5' (this
has been interpreted to qualify whether or not
a curb barrier is required but not to be taken
as an exception for a 5' setback for single /two
family or townhouse driveways).
Rose further stated that the present codes do
not clearly state in any section the allowing
of a single family driveway closer. than 5' to a
property line. Staff has used Code Section 40.01
Subd H consistently to prohibit the use unless
a variance was granted by either the Planning
Commission or the City Council (based on Staff's
understanding of the City's intent to require
single family driveways 5' from the lot lines).
MOTION:
Row1eY made a motion, seconded by Ziebarth
to instruct Mr. Odle to apply for a variance.
Ayes- Rowley, i,cCarthy, Hodges
Nays- :3iebarth, Forslund THE I,OTIO i CARRIED.
MOUNDS VIEW CITY COUNCIL
Regular ileeting
Nay vote:
Ziebarth stated he voted nay because he
did not like to set a precedent when it
may not be necessary and also because he
would prefer some preparation time for
reviewal of the issue before making a
decision.
The Council further discussed the issue
noting their' diScomfort with a Code that
did not specify clearly what the City was
enforcing. Mayor McCarty noted he did not
feel it was appropriate to charge an appli-
cant for a variance request when the Code
was not clearly defined.
AMENDMENT TO THE MOTION: McCarthy made a
motion, seconded by-Forslund, to waive the
fees for Mr. Odle's variance application.
Ayes Hodges, Forslund, McCarthy
Nays- )Ziebarth, Rowley THE MOTION CARRIED.
Mayor McCarty instructed Mr. Odle to. contact
Official Rose to be placed on the next Planning
Commission's agenda.
MOTION:
Rowley made a motion, seconded by Ziebarth,
to discuss this Code requirement at the
next agenda meeting so Council can give
the Planning Commission some directive as
to the intent of the 5' setback requirement.
Nays -0
THE MOTION WAS CARRIED.
The regular meeting closed.
The public hearing opened at 8:10 P.M.
Official Rose reviewed the Planning Commission's
motions regarding Messiah Lutheran Church's
conditional use permit from their September 17,
1980 meeting. The Commission approved the condi-
tional use permit for I:essiah Lutheran Church to
conduct a nursery school accomodating approximately
40 pre school children on a weekly half -day basis.
They amended the motion by adding that the condi-
tional use permit should be re- negotiated in the
September 22,1980
Page Three
7.
PUBLIC HEARING
I'iESSIAH LUTH.
CHURCH
(CASE 62 -80)
FOUNDS VIEW CI'T'Y COUNCIL
Regular Meeting
future should problems, arise concerning
parking, screening, or an increased number
of children in school attendance. They
also passed an amendment to the motion
stating that the conditional use permit only
be granted if the welfare Department licensing
was kept `up to date on the facility.
Rose noted that Staff had completed its re-
view of the facility and it met the E -3
occupancy requirements with the exception
of one storage area. This storage area is
currently being used to store "paper goods
and it is closed off by a curtain. Staff
has instructed Messiah Lutheran to either
remove the storage area completely or to
install a one hour separation, door.
MOTION:
Rowley made a motion, seconded by Ziebarth,
to grant the conditional use permit request
for Messiah Lutheran Church, 2848 County
Road H -2, to conduct a private education
day care program. This conditional use
permit will be reviewed should the student
capacity exceed 60 students per 1/2 day
session. This review is based on building
code life safety.
Ayes -5
Nays-0
THE MOTION CARRIED.
Mayor I'IcCarty noted that additional investigation
by Starr` after the Planning Commission's action
on September 17, 1980, revealed the Church's
ability to accomodate 60 students (rather than 40).
Dick Massman, a member of Messiah Lutheran, noted
to Council that Official Rose had been extremely
helpful in informing them of the necessary pro-
cedures for compliance with the City's Codes. He
also noted the storage area would be corrected
according to the City's satisfaction. Upon re-
questing from Council a waiver from the special
use permit fee, Official Rose noted the City had
already waived the fee. Mr. Massman also asked
that notification of the City of Mounds View's
approval of Messiah Lutheran's conditional use
permit be sent to the Department of Public 'Welfare
by October 17, 1980, in order to obtain their
license. Council informed 11r. Massman that this
notification would be sent out by Official lose
in the next few days.
'1HE PUtLIC HEARING CLObED AT 8:20
September 22, 1980
Page Four
HOU.ID3 VIE CITY COUi;CIL September 22, 1980
Regular iieeting Page Five
Official Rose asked Council to remove Item L
(Resolution No. 1160 Reapportioning; Assess-
ments for Bayport Acres Plat) because it was
not included in the agenda packet. It will be
scheduled at a future Council meeting.
MOTION:
Ziebarth made a motion, seconded by Forslund,
to approve the consent agenda, excluding
Item B, and to waive the reading of the
resolutions.
Ayes -5
Nays-0
Official Rose noted to Council that the developer
is requesting a building permit so that they
can begin on the project before the winter weather
sets in. He also noted that the finance package
is not ready for final review at this time.
Attorney Meyers indicated that financing is not
an integral part of the agreement and should be
reviewed as a separate item.
MOTION:
;O TI 0 N
Ziebarth made a motion, seconded by Hodges,
to approve the Wolf Associates, Inc.
Development Agreement 80 -39 which includes
Exhibits 1 -4, 6 (excluding Exhibit 5) and
to dispense with the reading of Resolution 1163.
Ayes -5
Nays-0
THE £0TIOf CARRIED.
THE i-iOTIOn CAI_F:IED.
The Council recessed for a break at 8:35 P.L.
The Council re- opened the meeting at 8:50 P.H.
10.
Bodges made a motion, seconded by Forslund,
to approve the peddlers license for idr. Steven
Drown (2126 Terrace Drive) for one month.
Ayes-5
Hays -0 TIE HOTIOid CARRIED.
8. APPROvAL OF
CONSENT AGENDA
9. WOLF ASSOC.
DEV.AGREEI'iENT
80 -39
RES.#1163
APPROVAL OF
PEDDLERS
LICELSE-
STEV3 13ROWN
IIOTION`
MOUNDS VIEW CITY COUIiCIL
Regular Meeting
Official Rose:
Kraus /Anderson have applied for
a contractor's license for general
contracting in hounds View.
Hodges made a motion, seconded by
Ziebarth, to approve the contractor's
license for Kraus /Anderson Company.
Ayes -5
Nay s -0
2. Brooks Superette has applied for
licensure.
NOTION:
Forslund made a motion, seconded by
Ziebarth, to approve the licensure for
Brooks Superette, Inc., for gasoline,
cigarette, and 3/2 off sale.
Ayes -5
Nay s -0
THE MOTION CARRIED.
THE MOTION CARRIED.
3. Staff (Dan Boxrud, Don Pauley, Steve Rose)
are meeting with Dynamic Developers
regarding their drainage proposal on
Wednesday, September 24th, at 2 :00 P.N.
4. i•IWCC has taken out a permit and expect
to begin work with regards to their out
building LIiis next week, The shrub work
should be completed this fall.
5. Rose noted that the United States Depart-
ment of Interior, Heritage Conservation
and Recreation Service, Ann Arbor, Michigan,
is requiring the signed agreement between
Mounds View and Kraus /Anderson before any
funds can be transferred to the City of
I•lounds View. This is in reference to the
`:ilverview Park land acquisition. Bruce
Anderson, Parks and Recreation Director,
also noted that although he had received
a verbal confirmation that there should
September 22,1980
Page Six
11. REPORT OF
BUILDING AND
ZONIIJG OFFICIAL
HOUNDS VIEW CITY LOUNCIL September 22,1980'
Regular Meeting Page Seven
be no problem with City receiving
the funds, no written confirmation
would be available' until the signed
contract was received by the Ann Arbor
office and it was processed throu
their two boards (approximately 3 -4 month
process).
The Council discussed the possibility
of not receiving the LAWCON funds and
what alternatives might be available
for' the City. Official Rose noted that
Kraus /Anderson had indicated their willing-
ness to take a promissory note from the City,
lending Mounds View credit for the $136,800
until the LAWCON funds were received.
MOTION:
IcCarthy made a motion, seconded by
Hodges, to approve the contract with
Kraus /Anderson Company and to authorize
the Mayor and Clerk- Administrator to
execute the contract as presented on
September 22, 1980.
MOTION:
Ayes-5
Nays-0
THE i'iOTION CARRIED.
McCarthy made a motion, seconded by
Hodges, to direct the Parks and
Recreation Director to proceed with
the Silverview Park Land acquisition
with Kraus /Anderson Realty and to use
whatever means necessary to insure the
receipt of the LAWCON monies including,
but not limited to, flying to Ann Arbor
to deliver the contract personally.
These monies would be taken from the
contingency fund.
Ayes -5
Nays-0
THE i•:OTIOi1 CAR :IEL.
MOUiIDS VIEW CITY COUNCIL
Regular Meeting
Director Anderson:
12. REPORT
He presented Council with a copy of the
bond issue contract for consulting PARKS AND R
services' in the Bond Issue Campaign for REATION. ='DIR
park development.
MOTION:
No report.
Hodges:
No report.
Rowley:
1. She noted that a deputy clerk has not
been appointed to sign documents should
Clerk- Administrator be out of the office
at the time.
i•IOTIOi i
Ziebarth made a motion, seconded by
Rowley, to approve the contract for
professional services of Saunders and
Thalden Associates in the amount of
$3,500 regarding the bond issue cam
paign. (contract dated August 22,1980).
The °amount to be paid in the event
that the bond issue passes.
Ayes -5
Bays -0
THE NOTION CARRIED.
Rowley made a motion, seconded by Forslund,
to appoint Jan Wiley as deputy clerk as
recommended by Clerk- Administrator Pauley.
Ayes -5
Nays -0 THE hOTIOid CARRIED.
2. The Transportation Subcommittee will be
meeting September 23rd in the Metropolitan
Council office to discuss the Anoka County
;3laine Airport. Councilmember Rowley and
Administrator Pauley will report back to
the Council on the results of that meeting.
13. REPORT OF
CITY ATTORNEY
13. REPORT OF
COUNc I LMEI4BERS
1iOUi'IDS VIEW CITY COUNCIL September 22,1980
Regular Meeting Page Nine
3. budget hearing is scheduled for
October 7, 1980.
4. She asked that the four -way stop
sign on Ridge Lane and Irondale
be permanently installed.
NOTION:
Rowley made a motion, seconded by
Forslund to have the four -way
stop signs at Ridge Lane and Irondale
permanently remain at that site.
Ayes -5
Nays-0
THE MOTION CARRIED.
5. She noted the driveway on the north
side of the shopping center on
County Road I was always in poor
condition. She saw it as a traffic
hazard because cars were swinging
to the side to avoid the potholes.
(She also noted the east holding pond
located at the same site was full).
Administrator Pauley will check into
these two items.
Forslund:
1. She asked about the status of the code
procedures (dated August 4, 1980).
Attorney Meyers noted that he had the
documents and he would be getting addi-
tional input from Administrator Pauley
and Official Rose. It was the consensus
of the Council that these guidelines
should be addressed to the public at
large as well as Staff and Council.
2. She also noted that Robert Anderson
would be retiring from the Fire Depart-
ment on November 1, 1980, after 30 years
of service. The Council decided to
write up a resolution commending i•ir. Anderson
on his contributions and this will be
awarded to him personally at a future
Council meeting.
BOUNDS VIE,; CITY COUI4C1L
Regular i• eetin
iebarth
He noted that Council has discussed
setting aside October 25, 1980, with
special activities commemorating
Local Governmtn Day (October 21).
Tentative plans include: 1) An open
house at City Hall from 9:00 AM -1:00 PH
2)Selecting some high school students
tc perform at a mock council meeting.
They would discuss actual Council agenda
items from past meetings, and would be
provided with the Council's actions after
they had dealt with the issues on their
own first.
Administrator Pauley noted that another
suggestion may be to have Council members
attend civics classes at the elementary
and secondary schools to give a presen-
tation to the classes.
Administrator Pauley:
1. He suggested calling a meeting together
of the three city councils involved in
the Fireman's Relief Association pension
plan. Before that meeting, Pauley note
he would be meeting with the other two
administrators to determine some joint
recommendations for the combined council
meeting.
2. He noted that the bid for the maintenance
and repair of Well #3 had been tabled
at an earlier meeting because of the
heavy demand on the water system at
that time (April 18, 1980).
MOTION:
Hodges made a motion, seconded by Ziebarth,
to accept the bid of Layne Minnesota Co.
in the sum of $3,285.00 as low bidder in
the pump and motor maintenance for Well ri3.
Ayes -5
Nays-0
THE :•iO TI O i CARRIED.
September 22,198C
Page Ten
14. REPORT OF
ADI'lINISTRATOR
r ''!OLINDS VIEW CITY COU;IC,;:C'L
Regular kieeting
-ayor :cCarty
he has sent the revised policy 39
guidelines;' to the Planning Commission
for their review and comments.
September 22, 198
Page Eleven
Ayes -5
Nays -0
The G i s advertising for bids bn
the surplus vehicles.
The City Hall can be used' for storm
shelters. Citizens can call polic
if they need the shelter and a pol ice
ma n wi be assigned to help them while
th ey are usi the City Hall hem
storm
shel te r
MOTION:
Rowley made a motion, seconded by Ziebarth,
to adjourn the September 22, 1980 regular
City Council meeting.
The meeting adjourned at 10 :15 P. n.
/ret
THE NOTION CARRIED.
Do :ld Pauley,
Clerk- Administr_ or
R
ctfully submit
16. ADJOURNMIENT