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HomeMy WebLinkAboutMinutes - 1982/12/13CITY COUNCIL MEETING CITY OF MOUNDS VIEW December 13, 1982 7:30 p.m. A G E N D A 1. Call to Order 2. Roll Call Doty, Hodges, Forslund, Blanchard, McCarty 3. Approval of Minutes: November 22, 1982 (Regular Meeting) 4. Public Hearing 7:40 p.m. Knollwood Green Condominium Proposal 5. Residents Requests and Comments from the Floor CITIZENS: BEF(TE SPEAKING PLEASE GIVE YOUR FULL NAME AND ADDRESS FOR THE MINUTES 6. Approval of Consent Agenda ITEM A. Approve the Awarding of the 1983 City Newsletter Contract to Bolger Printing for the Low Bid Price of $7,410.00 ITEM B. Set Special Council Meeting for 7:00 p.m., January 3, 1983 ITEM C. Approve Termination of the Community Service Officer Position for the Remainder of FY 1982 Commencing on December 15, 1982 ITEM D. Approve Proposed Contract for Professional Services with John Johnson during 1983 and Authorize Mayor to Enter into Agreement ITEM E. Approve Refund of Planning Appiication Fees to Dalberg and Hanson ITEM F. Approve the Purchase of a Single Fuel Pump from Tessman Oil at a Cost of $300.00 ITEM G. Reject Bids for One Ton Dump Truck and Table Purchase Indefinitely ITEM H. Approve Referral of Claim from Simon's Liquor to the City Insurance Carrier ITEM I. Approve Resolution No. 1518 Approving the Designation of Non ConF '-rvation Land and Sale Thereof continued- AGENDA December 13, 1982 Page Two 6. Approval of Consent Agenda (cont.) ITEM J. Approve Resolution No. 1521 approving Securities Furnished by the First State Bank of New Brighton ITEM K. Authorize Staff to Submit the Franchise Form to the State of Minnesota for the Mounds View Golden Gloves Boxing Program to Allow Sparring Matches to be Conducted in Mounds View ITEM L. Licenses for Approval ITEM M. Approve Resolution No. 1522 Approving Just and Correct Claims Against City Funds 7. First Reading of Ordinance No. 328, An Ordinance Amending the Municipal Code of Mounds View by Establishing Chapter 49A, Entitled "Surface Water Drainage Management and Development Control Ordinance" 7A. First Reading of Ordinance No. 327, An Ordinance Amending the Municipal Code of Mounds View by Amending Chapter 39, Entitled "Signs and Billboards" 8. Consideration of Resolution No. 1519 Placing a Freeze on All Employee Wages and Benefits 9. Consideration of Resolution No. 1523 Supporting the City of Fridley on the Siting of Hazardous Waste Processing Facilities in Shoreview 10. Consideration of Resolution No. 1520 Amending Resolution No. 1462 and E Fees for Gambling Devices and Raffles 11. Consideration of Staff Memorandum Regarding Police Patrol Car Bids 12. Consideration of Application for Restaurant License and Transfer of On -Sale Liquor License from Richard and Marlene Povlitzki to James A. Loosen (info on this was included in your 11/15/82 packet) 13. Consideration of Staff Memorandum Regarding Petition for Streetlight at 8333 Knollwood Drive 14. Consideration of Application for Gambling Device Permit for Mounds View Shoreview Lions Clubs 15. Second Reading and Adoption of Ordinance No. 321, An Ordinance Amending the Municipal Code of the City of Mounds View by Creating Chapter 49, Entitled "Flood Plain Zoning Ordinance" 16. Consideration of Bids for Maintenance of Well #5 continued- AGENDA December 13, 1982 Page Three 17. Consideration of Staff Report Regarding Filling of Wetland North of County Road H2 Between Knzllwood Drive and Silver Lake Road 18. Report of Director of Public Works /Community Development Well #2 Shaft Failure and Maintenance 19. Report of Attorney 20. Report of Councilmembers 21. Report of Administrator 22. Adjournment CONSENT AGENDA December 13, 1982 The Consent Agenda is a technique designed to expedite handling of routine and miscellaneous official business of the City Council. Th 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. Approve the Awarding of the 1983 City Newsletter Contract to Bolger Printing for the Low Bid Price of $7,410.00 ITEM B. Set Special Council Meeting for 7:00 p.m., January 3, 1983 ITEM C. Approve Termination of the Community Service Officer Position for the Remainder of FY 1982 Commencing on December 15, 1982 ITEM D. Approve Proposed Contract for Professional Services with John Johnson during 1983 and Authorize Mayor to Enter into Agreement ITEM E. Approve Refund of Planning Application Fees to Dalberg and Hanson ITEM F. Approve the Purchase of a Single Fuel Pump from Tessman Oil at a Cost of $300.00 ITEM G. Reject Bids for One Ton Dump Truck and Table Purchase Indefinitely ITEM H. Approve Referral of Claim from Simon's Liquor to the City Insurance Carrier ITEM I. Adopt Resolution No. 1518 Approving the Designation of and ..�c 1 Ther Non-Conservation Land a�.d ITEM J. Adopt Resolution No. 1521 Approving Securities Furnished by the First State Bank of New Brighton ITEM K. Authorize Staff to Submit the Franchise Form to the State of Minnesota for the Mounds View Golden Gloves Boxing Program to Allow Sparring Matches to be Conducted in Mounds View ITEM L. Licenses for Approval (See sheet marked ITEM L) ITEM M. Adopt Resolution No. 1522 Approving Just and Correct Claims Against City Funds LICENSES FOR APPROVAL GENERAL Aymar, Dailey Mellin Expire 6/30/83 Inc. New Homes, Inc. New Construction, Inc. Renewal HEATING AIR CONDITIONING Expire 6/30/83 Blaine Heating, Air Conditioning Electric Renewal Louis DeGidio, Inc. Renewal Vern's Service Supply, Inc. Renewal MASONRY Expire 6/30/83 Betterman Masonry New Metro Masonry New SEWER WATER Expire 6/30/83 Midwestern Mechanical Corporation Renewal Amusement Devices Expire 12/31/82 Aladdin's Castle Renewal Povlitzki's on 10 Renewal Tom Thumb Store #110 Renewal Brooks Superette Renewal Tom Thumb Store #543 Renewal Seven Eleven Store Renewal Mermaid Cocktail Lounge Renewal Bel -Rae Ballroom Renewal Auto Sales Expire 12/31/82 Mid American Auto Renewal Northeast Marine, Inc. New Bowling Alley Expire 12/31/82 Mermaid Cocktail Lounge Renewal Gasoline Stations Expire 12/31/82 Mounds View Quick Six New Long Lake 66 Service Renewal Mounds View K Service Renewal Highway 10 K Renewal Brooks Superette Renewal Clark Super 100 Renewal Malt Liquor Off -Sale Expire 12/31/82 Brooks Superette Renewal Country Club Market Renewal Seven Eleven Renewal Tom Thumb Store #543 Renewal. Fedor's Market Renewal Tom Thumb Store #110 Renewal Malt Liquor On -Sale Expire 12/31/82 Bel -Rae Ballroom Renewal PROCEEDINGS OF THE CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNEOSTA The Mounds View City Council was called to order by Mayor McCarty at 7 :34 PM. MEMBERS PRESENT: Councilmembers Doty, Hodges, Fors lund, Blanchard and Mayor McCarty. ALSO PRESENT: City Attorney Meyers, Clerk- Administra- tor Pauley and Public Works /Community Development Director Johnson. Motion /Second: Hodges /Forslund to approve November 22, 1982 minutes as corrected. 4 ayes 0 nays 1 abstain 2401 Hwy. 10, Councilmember Doty abstained as he was absent. Josey Warren, 8044 Greenwood Dr., read a prepared state gent, regarding the Festival in the Park and the Coun- :il's position that they will accept no more losses on the Festival. She recommended that the Council make an effort to fill the vacancies on the Commission with businesspeople from the City, who would have a better understanding of the finances involved, and thus save the taxpayers from having to subsidize the Festival. Mayor McCarty replied the professional businesspeople would certainly be considered for appointment to the Festivities Commission if persons with such experience applied for appointments. Also, the $1,200 shortfall in 1982 Festival receipts could be made up with profits from future Festivals in compliance with present policy. Mayor McCarty further stated that the Festival Commission Chairperson and the Commissioners have worked very hard and overall had done a commendable job. He added they will take Ms. Warren's recommendation under advisement when filling vacancies on the Festivities Commission. Mayor McCarty closed the regular meeting and opened the public hearing at 7 :40 PM. Director Johnson advised he had sent a memo to the Council on December 8, answering the questions they had raised earlier. .4r. Herr reviewed his proposed development, stating it would be 32 two and three bedroom condominium units, which would be owner occupied and share common space. He asked for Council consideration APPROVED: 12/27/82 Regular Meeting December 13, 1982 Mounds View City Hall Mounds View, MN 55112 1. Call to Order 2. Roll Call 3. Approval of Minutes: November 22, 1982 4. Residents Re- quests and Comments from the Floor 5. Public Hearing: Knollwood Green Condominium Proposal Mounds View City Council December 13, 1982 Regular Meeting Page Two of reducing the number of covered parking spaces, and explained they had had a study done, which showed the average owner would be a single, career person, and there did not seem to be a need to have two garages per unit. He also asked the Council where they would like the handicapped spaces, as this was not a handicapped project and they had no idea where they might be most needed. Mr. Herr also explained development, there is a with very specific laws to monitor themselves. of the proposed develop that in a condominium home owners association, and guidelines to follow, Hr. Herr presented sketches meat. Doug Dindorf, 2901 Oakwood Drive, asked what assurance there is against the developer putting up another building at a later date, and how the limited access road will remain for limited access. Mr. Herr replied that the common area will be owned by the 32 home owners and cannot be taken back, and becomes part of the plat. He added the utility easement will be provided to the City. Clerk /Administrator Pauley added the City will have stipulations in the development agreement regarding the emergency access, easements, and so forth. zx 4 Mr. Dindorf still expressed skeptism with the residents using the emergency road to get in and out of their property. Attorney Meyers explained that if the p is approved, a conditional use permit will be issued, which will stipulate conditions, and that a development bond will be posted during construction. He pointed out also that there will be an easement on the property for the benefit of the City, which could also be recorded with the Registar of Deeds at the County. Jan Schultz, 7807 Spring Lake Park Road, stated she had presented a petition in 1979 to take an easement from the developer and from her, and some neighbors, to put in a road and allow them to develop the backs of their lots. Attorney Meyers replied the City is addressing the access to the road, not the street easement. Director Johnson pointed out the easement on the sketch and gave it's dimensions. Jerry Linke pointed out that the common area is also to be a holding pond, which the City will have control over, and which could not be built on. Dave Long, 7/49 Knollwood Drive, asked if the City was using the updated Comprehensive Plan, and if so. if this proposal was medium density. Director Johnson replied yes, and explained the plan and how it relates to the area in question. Mounds View City Council December 13, 1982 Regular Meeting Page Three Mr. Herr explained he will be submitting a landscap- ing plan that is acceptable to the City, as well as meet the approval of the FHA. Mayor McCarty closed the public hearing and reopened the regular meeting at 8:15 PM. Motion /Second: Hodges /McCarty to approve the Condi- tional Use Permit for the Wayne Herr Knollwood Green condominium proposal, with the requirements of the Mounds View Planning Commission Resolution No. 56 -82, including completion of Oakwood to emergency access, and entering into a development agreement with the City. Councilmember Councilmember Councilmember Councilmember Mayor McCarty Doty aye Hodges aye Forslund aye Blanchard aye aye Councilmember Doty noted the property owner to the east has property which joins the back of the garages and questioned the access rights into the area. Director Johnson explained the property owner to the east could develop the same type of project, but there would not be room to develop a public road between the two parcels. Mayor McCarty questioned the figures provided in the CED study regarding the fire flow of the water. Jim DeBenedet, engineer for the project, explained the figures provided in the report are all on the con servative side and that there would be more than ample flow for the development. Director Johnson also stated he had reviewed Mr. DeBenedet's proposal and finds that it meets all the requirements, ane explained the standards that are used. There was considerable discussion among the developer, the Council and members of the audience of the possi- bility of residents of the development trying to use the emergency access road to travel in and out, to avoid the traffic and turn around on Highway 10. It was also questioned how large vehicles would maneuver in the parking lot. Mr. Herr explained that drivers of large trucks would know to back their rigs in and other vehicles shouldn't present a problem in turn- ing around. Mayor McCarty questioned if Mr. Herr was willing to meet all the requirements of the Fire Department for the construction and maintenance of the emergency access road out to Oakwood, and bear the cost. Mr. Herr replied he is willing to build an utww: road to meet the requirements of the Fire Department. Mayor McCarty stated it would be a condition of Motion Carried Mounds View City Council December 13, 1982 Regular Meeting Page Four the development agreement. Mayor McCarty stated the City has been addressing this project for three years, and the developer has complied with the requirements of the City, and the Comprehen- sive Plan, the Planning Commission has addressed it, and the Council has addressed it. He stated that after reviewing it at length, they have done the best they could with what they have. Motion /Second: Doty /Blanchard to pull Northeast Marine, Inc. from the auto sales in Item L. 5 ayes 0 nays Mayor McCarty asked for a resolution for Item E. Motion /Second: McCarty /Doty to table Item E. 5 ayes 0 nays Motion /Second: Doty /Hodges to approve the consent agenda, as amended, and waive the reading of the resolutions. 5 ayes 0 nays Motion /Second: McCarty /Forslund to approve the li.rst reading of Ordinance No. 328, amending the municipal code of Mounds View by establishing Chapter 49A, entitled "Surface Water Drainage Management and Development Control Ordinance and t_ L the ana WalVH C.LIe reading of `L LLe ordinance. 5 ayes 0 nays Attorney Meyers stated he would be submitting some typographical errors for correction. Motion /Second: Forslund /Blanchard to approve the Tirst reading of Ordinance No. 327, and ordinance amending the municipal code of Mounds View by amending Chapter 39, entitled "Signs and Billboards and waive the reading of the ordinance. 5 ayes 0 nay:. 6. Approval of Consent Agenda Motion Carried Motion Carried Motion Carried 7. 1st Reading of Ord. No. 328, Amending the Municipal Code of Mounds View b Estahlithing Chapter 49A Motion Carried 7A. 1st Reading of Ordinance No. 327, Amending the Municipal Code of Mounds View by Amend- ing Chapter 39 Motion Carried Mounds View City Council Regular Meeting Motion /Second: Doty /Blanchard to approve Reso- lution No. 1519 and waive the reading. 5 ayes 0 nays Motion /Second: McCarty /Blanchard to exclude pro- bationary employees from the previous motion. 5 ayes 0 nays Motion /Second: Forslund /Hodges to approve Reso- lution No. 1523 and waive the reading. 5 ayes 0 nays Motion /Second: Blanchard /Forslund to approve Resolution No. 1520 and waive the reading. 4 ayes 1 nay Councilmember Doty voted against the motion. Attorney Meyers advised the City has sufficient grounds to reject the bids due to the financial situation. Motion /Second: McCarty /Doty to reject all bids received for the purchase of a police vehicle, on the basis of the uncertainty of the financial situation and the purchasing freeze established by the Clerk /Administrator and supported by the Council. 5 ayes December 13, 1982 Page Five 8. Consideration of Rslt. No. 1519 Placing a Freeze on All Employee Wages and Benefits Motion Carried Motion Carried 9. Consideration of Rslt. No. 1523 Supporting the City of Fridley on the Siting of Haz- ardous Waste Facilities in Fridley Motion Carried 10. Consideration of Rslt. No. 1320 Amending Rsit. No. 1462 and Establish- ing Fees for Gambling Devices and Raffles Motion Carried 11. Consideration of Staff Memo- randum Regard- ing Police Patrol Car Bids 0 nays Motion Carried Mounds Vier City Council December 13, 1982 Regular Meeting Page. S Clerk /Administrator Pauley reported Mr. Loosen had submitted a letter earlier in the day which answers the questions raised by the Council earlier. Mayor McCarty questioned if Mr. Loosen and his wife would be the principle officers of the corporation. Mr. Loosen replied they would be. Attorney Meyers pointed out the City does not issue corporate licenses, but that a corporation could be set up for business purposes. Mr. Loosen replied that was his intent. Mayor McCarty questioned the response on the on -sale intoxicating liquor license application, which stated "yet to be determined and questioned if there would be another owner. Mr. Loosen replied that referred to the name of the establishment and could be removed. Mayor McCarty questioned if the various managers and employees of the establishment would be corporate officers. Mr. Loosen replied they would not be. Attorney Meyers stated there is no relevence if an employee has an interest in another liquor establish- ment. In response to questioning, Mr. Loosen stated he has an employee code, with guidelines for his employees to follow, which he has used at other of his establish- ments and found to be very well received. Mayor McCarty questioned if the City can require compliance of the memo in question a^ part of the license. Attorney Meyers replied that it should constitute part of the file, and that the Council has other concerns. Attorney Meyers advised Mr. Loosen will have to be the owner before a license can be issued. Mr. Loosen replied they will be closing on January 3, 1983. Motion /Second: Doty /Hodges that the Council approve the license transfer from Richard and Marlene Povlitzki to James A. Loosen, on the date of the title transfer of the property, January 3, 1982. 5 ayes 0 nays Attorn.y Meyers advised Mr. Loosen to come to City Hall on January 3, 1983 and show evidence to the Clerk/ Administrator that the transfer has taken place. Motion Carried 12. Consideration of Application for Restaurant License and Transfer of On -Sale Liquor License from Richard and Marlene Povlit- zki to James A. Loosen Mounds View City Council Regular Meeting Motion /Second: Forslund /Doty to approve the place ment of a streetlight at 8333 Knollwood Drive. 5 ayes 0 nays Motion /Second: Blanchard /Forslund to approve the application of the Mounds View /Shoreview Lions Club, for a gambling permit, upon payment of applicable fees. 4 ayes 1 nay Councilmember Doty voted against the motion. Motion /Second: McCarty Forslund to adopt Ordinance No. 321, and ordinance amending the municipal code of the City of Mounds View by creating Chapter 49, entitled "Flood Plain Zoning Ordinance and waive the reading. 5 ayes 0 nays Councilmember Councilmember Councilmember Councilmember Mayor McCarty Doty aye Hodges aye Forslund aye Blanchard aye aye Direction Johr. on reported Well #5 has not been serviced since it was installed in 1971, and is budgeted for in 1982. He stated that while the well is apart, the filters will be inspected, if the City is willing to pay for the gaskets. Motion /Second: McCarty /Blanchard to approve the bid and award the repairs for Well #5 to Layne Minnesota, in the amount of $6,304.20, from Water Account #700 -121 -4515. Director Johnson reported there has been a viola- tion of the wetlands ordinance and asked how the City wants to handle it. Mayor McCarty recommended that the property owners by contacted and informed of the ordinance and its regulations, by Mr. Johnson, and suggested that any violation should be dealt %'ith in the same manner as any other bread of municipal ordinance. December 13, 1982 Page Seven 13. Consideration Staff Memo Regarding Petition for Streetlight at 8333 Knoll wood Drive Motion Carried 14. Consideration of Application for Gambling Device Permit for Mounds View/ Shoreview Lions Club Motion Carried 15. 2nd Reading and Adoption of Ord. No. 321, Amending the Municipal. Code of the City of Mounds View by Creating Chapter 49 Motion Carried 16. Consideration of Bids for Maintenance of Well #5 Motion Carried 17. Consideration of Staff Report Regarding Filling Wetland North Of County Rd H2 Between Knoll Wood Dr. and Silver Lake Road Mounds View City Council December 13, 1982 Regular Meeting Page Eight Attorney Meyers advised that Chapter 48 deals with the situation and recommended the property owners be reminded of the ordinance and informed of the pemalties involved. Director Johnson reported he has written an article for the upcoming newsletter, to inform the citizens of the ordinance. Director Johnson reported the shaft on Well #2 failed, 18. and since it is a gas driven motor, cannot be switched with the shaft on Well #3. He reported the mechanic is checking into the cost of getting it repaired, which will be significant, and in the meantime they are using Well #3, which could impact the water quality situation. Director Johnson reported he had received plans from MnDOT for the signal at Long Lake Road and Highway 10. Motion /Second: McCarty /Doty to have Director Johnson initial the plans and send them back to MnDOT. 5 ayes 0 nays Director Johnson reported he has completed the meetings with the property owners who attended the wetlands ordinance public hearing. Attorney Meyers reported he had spoken with the 19. Report of County regarding the assessments on the Watson/ Attorney_ Miller property, and the County has indicated they will wait for the City to take action before reappor- tioning. He stated the next step would be to sit down with Mr. Miller and work on his property, and then meet with both Mr. Miller and Mr. Watson regard- ing how they would like the property assessed. Director Johnson stated he would send letters to the appropriate pEople. Councilmember Doty reported that due to budget cuts 20. Reports of for Ramsey County, the deep well pump at Spring Lake is being cut from the County's budget. He stated is a $700 -800 item and does not feel the City should be cut as they use so few other services from the County. Motion /Second: Doty /Hodges to request the County Board to continue the funding for the pumping of water for Spring Lake. 5 ayes 0 nays Report of Director of Public Works/ Community Dvlp. Motion Carried Councilmembers Motion Carried Mounds View City Council Decemher 13, 1982 Regular Meeting Page Nine Councilmember Hodges had no report. Councilmember Forslund had no report. Councilmember Blanchard had no report. Mayor McCarty reported he had attended the Firemen's Appreciation function the previous Saturday. Mayor McCarty requested formal approval from the Council to represent the Council in testimony at the Met Council noise guidelines hearing. Motion /Second: Doty /Blanchard to have Mayor McCarty represent the City on December 16 at the Met Council. for consideration of the noise guidelines amendment to the aviation chapter. 5 ayes 0 nays Motion Carried Mayor McCarty stated his position for the Council. Clerk /Administrator Pauley passed out a recent 21. Report of Action Alert to the Council, which was received from Administrator the League of Minnesota Cities, regarding the budget that was just passed, and reviewed the impact the budget cuts will have on the City and it's employees. Clerk /Administrator Pauley reported that unless there is a heavy snowfall in December, the snow plowing budget will come in as budgeted for. Clerk/Administrator eZ asked authorization 7 t l�l_.J 1i11SLi'ator ai3icy asneu purchase a Christmas tree for City Hall, using pop fund money. The Council gave their approval. Clerk /Administrator Pauley reported he had met with representatives of the MAC, along with the admini- strators from neighboring cities, and updated the Council on what was discussed. Motion /Second: McCarty /Doty to direct staff to file a letter with the Metropolitan Council, opposing A95, approving of the FAA request for a REIL system on the end of Runway 35, as it does not conform with the short and long range plans for the airport, as outlined by MAC. 5 ayes 0 nays Clerk /Administrator Pauley updated the Council on MAC's and the FAA'S position on changing the flight pattern for the airport. Mayor McCarty recommended the City get together with the MAC staff and review the intent again. Clerk /Administrator Pauley replied he would set the meeting up. Motion Carried Mounds View City Council Regular Meeting 'Motion /Second: Doty /Hodges to adjourn the meeting 22. Adjournment at 10:05 PM. 5 ayes 0 nays Motion Carried Res fully submit Dona F. Pau ey, Clerk /Administrato December 13, 1982 Page Ten