HomeMy WebLinkAboutMinutes - 1983/05/09CITY COUNCIL MEETING
CITY OF MOUNDS VIEW
May 9, 1983
7 :30 p.m.
AGENDA
1. Call to Order
2. Roll Call Linke, Hankner, Blanchard, Doty, McCarty
3. Approval of Minutes: April 25, 1983 (Regular 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. Approve Plans and Specifications Prepared by TKDA
for Construction of Potassium Permanganate Feed
Equipment for Water Treatment Plants Nos. 2 and 3;
Approve Advertisement for Bids in the New Brighton
Bulletin on May 5, 1983 and Construction Bulletin
on May 6, 1983; and Set Bid Opening for May 17, 1983
at 10:00 a.m.
ITEM B. Approve Resolution No. 1603 Authorizing the Prepara-
tion of Plans and Specifications for 1983 Resurfacing
Program for Certain M.S.A. Streets
ITEM C. Approve Resolution No. 1600 Rescinding Resolution
No. 983
ITEM D. Approve Resolution No. 1602 Endorsing the Appointment
of Jane Preston as Metropolitan Council District 7
Representative
ITEM E. Set Public Hearing for 7 :40 p.m., May 23, 1983, for
Poppelaars Conditional Use Permit
ITEM F. Set Public Hearing for 7 :50 p.m., May 23,
Approval of Major Subdivision Preliminary
Leonard Babinski
ITEM G. Set Public Hearing for 3:00 p.m., May 23,
Approval of Major Subdivision Preliminary
Norb Yenish, Motel Development
continued-
1983, for
Plat for
1983, for
Plat for
AGENDA
May 9, 1983
Pace Two
5. Approval of Consent Agenda
ITEM H. Licenses for Approval
ITEM I. Approve Resolution No. 1601 Approving Jus. and
Correct Claims Against City Funds
6. Second Reading and Adoption of Ordinance No. 338 ?fin Ordinance
Adopting the 1982 Long -Term Financial Plan
7. Consideration of Drainage Improvements for St. Stephen Street
8. Consideration of Staff Memorandum and Letter from Mr. Dalberg
Requesting Continuance of Rezoning Request
9. Consideration of Request from Good Value Homes for Installation
of Water and Sewer Services to Lots 17, 18, and 19 of Edgewood
Square Subdivision
10. Consideration of Action Regarding Mounds View DFL Club Use of
City Corporate Name
11. Report of Director of Public Works /Community Development
12. Report of Attorney
13. Report of Councilmembers
14. Report of Administrator
15. Adjournment
CONSENT AGENDA
May 9, 1983
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 the 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 Plans and Specifications Prepared by TKDA for
Construction of Potassium Permanganate Feed Equipment for
Water Treatment Plants Nos. 2 and 3; Approve Advertisement
for Bids in the New Brighton Bulletin on May 5, 1983 and
Construction Bulletin on May 6, 1983; and Set Bid Opening
for May 17, 1983 at 10 :00 a.m.
ITEM B. Adopt Resolution No. 1603
of Plans and Specifications
for Certain M.S.A. Streets
ITEM C. Adopt Resolution No. 1600
ITEM C. Adopt Resolution No. 1602 Endorsing the Appointment of
Jane Preston as Metropolitan Council District 7 Representative
ITEM E. Set Public Hearing for 7:40 p.m., May 23, 1983, for Poppelaars
Conditional Use Permit
ITEM F. Set Public Hearing for 7:50 p.m., May
of Major Subdivision Preliminary Plat
ITEM G. Set Public Hearing for 8:00 p.m., May
of Major Subdivision Preliminary Plat
Development
ITEM H. Licenses for Approval
Bingo License May 10, 1983
Pinewood Elementary School P.T.O.
General Expire 6/30/83
Ron Johnson New
Nature Homes, Inc. New
Authorizing the Preparation
for 1983 Resurfacing Program
Rescinding Resolution No. 983
Heating Air Conditioning Expire 6/30/83
Airco Heating Air Conditioning Co. New
Masonry Expire 6/30/83
Minnetonka Concrete Masonry, Inc. New
Sewer Water Expire 6/30/83
Ray Perron Renewal
23, 1983, for Approval
for Leonard Babinski
23, 1983, for Approval
for Norb Yenish, Motel
ITEM I. Adopt Resolution No. 1601 Approving Just and Correct
Claims Against City Funds
PROCEEDINGS OF THE CITY COUNCIL
CITY OF MOUNDS VIEW
RAMSEY COUNTY, MINNESOTA
The Mounds View City Council was called to order 1. Call to Order
by Mayor McCarty at 7:31 PM on May 9, 1983.
MEMBERS PRESENT: Councilmembers Linke, Hankner,
Blanchard, Doty and Mayor McCarty.
ALSO PRESENT: City Attorney Meyers, Clerk/
Administrator Pauley and Public Works /Community
Development Director Johnson.
Mayor McCarty asked that the agenda be deviated from
to allow Finance Director Brager to present the
financial statements for 1982.
Finance Director Brager presented the Council with
the 1982 financial statements and stated he would
like to set up a date to have the auditors come in
and go over the report in more detail. He stated
that he had prepared a summary report, which was
included with the statement.
It was agreed that the auditors should come to the
next agenda session, on May 16.
Motion /Second: Linke /Blanchard to approve the
April 25, 1983 minutes as corrected.
4 ayes
0 nays 1 abstain
Councilmember Doty abstained from the vote as he had
not been present at the April 25 meeting.
John Wells, 8020 Groveland Road, asked what was
being done about the zoning violation of the radiator
repair shop on Highway 10.
Attorney Meyers explained that the Planning Commission
has reviewed the home occupaLi3ns ordinance to see
if they want to make any changes. He stated the
owner's defense is that he is running a valid home
occupation, even though he acknowledges that it is a
zoning violation. Attorney Meyers stated that the
position of the City will be a civil suit, since
DATE APPROVED: 5/23/83
Regular Meeting
May 9, 1983
Mounds View City Hall
2401 Hwy. 10, Mounds View, MN 55112
2. Roll Call
3. Approval of
Minutes:
April 25, 1983
Motion Carried
4. Residents Re-
quests and
Comments from
the Floor
Mounds View City Council May 9, 1983
Regular Meeting Page Two
there is a violation of the zoning ordinance, and the
defense of a home occupation is not valid in this
case. He stated that another point to consider would
be unequal enforcement of the law, and recommended
that the Council authorize him to commence with civil
proceedings. He stated he feels the facts are in
the City's favor.
Mayor McCarty asked that further discussion be set
aside temporarily to allow Representative Dan Knuth
to speak, and then the issue would be returned to.
Representative Knuth stated there are two issues going
on in the Legislature presently that affect Mounds View,
with one being the Airport issue. He advised that the
House has passed it out of the Committee on Local and
Urban Affairs, and in the Senate it has passed the
Local and Urban Government Committee and gone on to
the Rules Committee, who will be deciding on May 10
if they should refer it to the Transportation
Committee. He stated that if it does go on to the
Transportation Committee, there is a good chance it
will be lost for the session. He added that he
understands that if the Senate takes no action, the
House of Representatives will not bring it up under
special orders. He also recommended that the Council
members call the members of the Rules Committee, to
let them know Mounds View's position.
Representative Knuth stated the other issue involving
Mounds View is local government aid, of which several
proposals have affected Mounds View. He explained
that under the bill which just passed today on the
House floor, no City could lose more than what they
could raise in one -half a mill, and that for Mounds
View, it would be approximately $38,000. He stated,
however, that he could not guarantee there would not
be any further surprises later on.
The Council thanked Representative Knuth for taking
the time to speak to them, and also for all the work
the three Representatives have done on the airport.
Mayor McCarty returned the agenda to the zoning
violation issue.
Donald Gross, 8060 Groveland, asked if the radiator
repair shop had taken out a building permit for the
attachment he put on his garage, and if so, why
was one issued when he was already in violation?
Clerk /Administrator Pauley replied that a permit was
issued,because they could not legally refuse to issue
a permit if the building is in compliance with all
regulations as far as size and location. He explained
that the use of the building was a separate issue.
Mounds View City Council May 9, 1983
Regular Meeting Page Three
Councilmember Linke stated that the Dui Inspector
had monitored construction very closely D insure that
the addition was in compliance.
Motion /Second: Linke /Blanchard to authorize City
Attorney Meyers to pursue civil remedies in the
radiator repair shop zoning violation.
5 ayes 0 nays
Attorney Meyers stated he would like to speak to any
resident present who was concerned with the zoning
violation, and get their names and addresses.
Motion /Second! Blanchard /Doty to approve the con-
sent agenda as presented, and waive the reading of
the resolutions.
5 ayes 0 nays
Motion /Second: Doty /Hankner to approve the second
reading and adoption of Ordinance Nn. 338, adopting
the 1982 Long -Term Financial Plan, and have Clerk/
Administrator Pauley give a brief explanation.
Councilmember
Councilmember
Councilmember
Councilmember
Mayor McCarty
Linke aye
Hankner aye
Doty aye
Blanchard aye
aye
Clerk /Administrator Pauley briefly explained the
1982 Long -Term Financial Plan.
Mayor McCarty noted in the last two sentences of
the ordinance where 1982 should be changed to 1983.
Director Johnson reviewed his memo of May 5, 1983
to the Council, outlining possible solutions to
the drainage problem on St. Stephen's Street. He
explained what 48.07(B) entails as far as work
that is classified as repair work.
Councilmember Doty stated he felt that since the ditch
was once there, this would be repair work and not a
wetlands alteration.
Councilmember Blanchard asked if the construction
easements would be temporary. Director Johnson
replied that they would be, and the property would
be resodded.
Motion Carried
5. Approval of
Consent Agenda
Motion Carried
6. 2nd Reading and
Adoption of
Ord. No. 338,
An Ordinance
Adopting the
1982 Long -Term
Financial Plan
Motion Carried
7. Consideration
of Drainage
Improvements
for St. Stephen
Street
Mounds View City Council May 9, 1983
Regular Meeting Page Four
Motion /Second: Doty /Linke to proceed with the work,
;classed as repair" under 48.07(B), and direct Staff
to obtain the necessary construction easements, and
prepare plans and specs for obtaining bids, and
to obtain a legal land survey as to the exact
location of the existing 15 foot easement, with the
amount not to exceed $8,300.00, with the :AWM fund
to be the source of funds.
5 ayes 0 nays
Clerk /Administrator Pauley advised the Council that
they would probably have to go to bids, due to the
cost of the project.
Motion /Second: McCarty /Blanchard to rescind the
previous motion.
5 ayes 0 nays
Motion /Second: Doty /Linke to proceed with the work,
classed as "repair" under 48.07(b), and direct Staff
to obtain the necessary construction easements, and
prepare plans and specs for obtaining bids, and
to obtain a legal land survey as to the exact
location of the existing 15 foot easement, with legal
fees and survey costs t• come from the SWM fund.
5 ayes 0 nays
Clerk /Administrator Pauley reported that at the last
Council meeting, they had several issues before then
relative to this property, and that a public hearing
was held, with several items considered, and basically
three actions required, an ordinance rezoning the
property from R -1 to R -3, a resolution approving the
subdivision of the property and a conditional use
permit, and the execution of a development agreement.
At that time, the resolution was tabled and referred
back to Staff, with the Council rezoning the property
from R -1 to R 2, desiring duplexes rather than multi-
ple family. The first reading of the ordinance was
held, but the second reading will not be presented
to the Council until an acceptable subdivision and
development agreement has been worked out.
Director Johnson reported that Mr. Dalberg had
originally applied for R -2 zoning, for the division
of the northerly most lot in half, then the three
lots to R -2. The Planning Commission at their agenda
session advised that they could not agree with the
widths and based on that, Mr. Dalberg came back with
his new proposal. He stated Mr. Dalberg has asked
for consideration of the utilization of the land for
better use of the property, and as a transition
Motion Carried
Motion Carried
Motion Carried
8. Consideration
of Staff Memo
and Letter from
Mr. Dalberg
Requesting
Continuance of
Rezoning Request
Mounds View City Council May 9, 1993
Regular Meeting Page Five
between the different zonings in the area. Director
Johnson outlined Mr. Dalberg's new proposal.
Mr. Dalberg stated he can meet all the requirements
of the City for square footage, and that the buildings
would be 100 feet from the rear of the lot line, putting
200 feet between buildings. He pointed out his proposal
would be a better tax value for the City with six units,
but the City would not agree to waive the frontage
requirements.
Mayor McCarty pointed out that in order to comply with
requirements for R -2 zoning on the three existing lots
on Silver Lake Road, which were two at 75' a:1d one at
85', Mr. Dalberg did not have the required frontage
and would have to go with R -1. He recommended Mr.
Dalberg go back to the Planning Commission and go over
his proposal with them and review the Comp Plan. Mr.
Dalberg objected to paying additional fees and returning
to the Planning Commission as he felt he had done all he
could at the Planning Commission level. Mayor McCarty
stated the fee could be waived and Mr. Dalberg could go
back under his last application.
Mr. Dalberg stated he was concerned with the time
factor and did not want to go back to the Planning
Commission.
Councilmember Hankner reported she had spoken with
several Planning Commissioners, and their reasoning
for their decision was to have a transition for
zoning. She stated she would feel more comfortable
with Mr. Dalberg going back to the Planning Commission.
She also asked if another public hearing would be required.
Director Johnson stated he could not guarantee the
Planning Commission could discuss the proposal at
their next agenda session, since the cut -off date
was May 1, but it would be up to the discretion
of the Chair of the Commission.
Attorney Meyers stated that a first public hearing
had been held, and if they were not having a second
reading, he would recommend another notice be sent
out, and they could continue the second reading
and notify all the people involved.
Motion /Second: McCarty /Hankner to postpone
the next regular Council meeting, Ordinance
and notify the affected property owners and
the public hearing notice, with the hearing
at 8:10 PM on May 23.
5 ayes 0 nays
until
No. 339,
republish
to be
Director Johnson stated he would inform the Planning
Commission, by memo, of the Council's position.
Motion Carried
Mounds View City Council May 9, 1983
Regular Meeting Page Six
Mr. Peterson informed the Council that in research-
ing the proposal, he has found that the services
were approved originally, when Bob Eigenheer presented
the plan to the City, but he is still going ahead to
ask Council approval again. He pointed out that
Good Value Homes does know of the surface water
problem in Mounds View and they were aware of the risk
with the three lots in question when they purchased
them.
Director JohnsoL reviewed his memo of May 5 to the
Council, concerning the installation of water and
sewer services to lots 17, 18 and 19 of the Edgewood
Square Addition.
Mr. Peterson stated he was not prepared to address
the issue of whether the lots were in the wetlands,
and he is not asking to build on the lots, but
is asking to put services in for lots 17, 18 and 19.
He stated that Staff has advised it would require
Council authorization. He stated that he feels
someday in the future, the lots mi.y be buildable,
and they would like to put all the services in at
once, even though they would not be building on
those lots at this time.
Mr. Peterson stated that Staff had expressed concern
that if the City allows the services to be put in,
Good Value Homes could come back and say they must
be buildable. Mr. Peterson stated that Good Value
Homes is willing to sign a statement saying they
will not build at this time.
I;a-�or '4cCarty pointed out that reapportionment of
assessments to these lots would never be approved,
and the improvements would have to be paid for by
the developer, as it is not a public improvement
project, and he reviewed how the apportionments were
made to tie lots.
Director Johnson stated that Staff is concerned with
getting a clarification from the Council on the
installation of services.
Attorney Meyers recommended that the City not allow
the connections, as it could be interpreted that the
City intends to allow eventual development of the lots.
Motion /Second: McCarty /Doty to not allow services to
Lots 17, 18 and 19 in the Edgewood Square Subdivision.
5 ayes 0 nays
9. Consideration;
of Request from
Good Value Home:
for Installa-
tion of Water
and Sewer Svc.
to Lots 17 -19
of Edgewood
Square Addn.
Motion Carried
Mounds View City Council May 9, 1983
Regular Meeting Page Seven
Mayor McCarty stated that in reference to the plans
that were app roved, granting services to lots 17, 18
and 19, they were approved at the same time easements
were given, which is not compatible, and was an over
site.
Park Director Anderson reported the Park Board has been
dealing with the issue of leaf composting for the past
few years, and it has come to the City's attention that
Ramsey County is considering expanding their compost
program, and they are considering Mounds View as a
possible site. He reported the Park Board had reviewed
it and feel very positive about it, as it would cost
the City basically no money, with the funding coming
from the County. Some locations they discussed were
Ardan Park, or Greenfield Park, or the old Moega Farm.
It was the concensus of the Council to have Staff draw
up the necessary resolution for the proposed compost
project.
Councilmember Blanchard asked the status of the problem
with the delivery of the City newsletter. Park Director
Anderson replied there had been many problems with
delivery this time, and they are looking at other options.
He stated he would be getting back to the Council with
a report.
Councilmember Hankner reported she had still not
received a written report from her Counsel, and hopes
to have it very soon. She stated she would prefer
to table action until she receives it.
Motion /Second: McCarty /Doty to direct Staff to
notify the Mounds View DFL Club not to use the
City's name on their literature.
4 ayes 1 nay
Councilmember Hankner voted against the motion, stating
she would prefer waiting for a legal opinion, and she
did not feel the motion differed from motions made at
previous meetings.
Councilmember Linke asked for clarification of how the
notice was to be made, and by whom. Mayor McCarty
replied that it would be by Staff, which the Cou.icil
interpreted as not to be City Attorney Meyers, and
it would be in the normal manner used by Staff to
notify people of violations.
Director Johnson reviewed his memo of May 9 to the
Council, concerning the Mr. Donut development
proposal, and reviewed the changes the applicant
has made in his proposed development.
10. Consideration
of Action Re-
garding Mounds
View DFL Club
Use of City
Corporate Name
Motion Carried
11 Report of
Director of
Public Works/
Comm. Dvlpmt
Mounds View City Council May 9, 1983
Regular Meeting Page Eight
He advised that the applicant would like the
Council to amend the development agreement to allow
the proposed charges. He stated that if it is sent
back to the Planning Commission, it would not get
back to the Council for approval in time to get
construction started and completed before the Septem-
ber 1 scheduled opening.
Councilmember Linke pointed out the conditional use
was put in place in April 1981, and according to
40.23(C)(3), the applicant has exactly one year to
put it into force, and if a continuation is required,
30 days notice is necessary prior to the expiration
date, which the applicant did not follow, and thus,
the entire proposal is a dead issue and must start
at the beginning.
Motion /Second: Linke /Hankner that pursuant to
40.23 Sub. C(3), this proposal should go back
through the process.
5 ayes 0 nays
Mr. Welch protested that he was not aware of the
time limitation on the conditional use. Attorney
Meyers replied it is required by ordinance.
Director Johnson reviewed the memo of May 9 regarding
filling on the Waste property. He reported Mr. Waste
proposes to fill approximately one acre of property,
and will lose approximately two acre feet of natural
ponding on the property.
Attorney Meyers pointed out the City can require a
development agreement, as it falls within Chapter 59,
and they should have some type of plan from Mr. Waste,
and an agreement regarding covering and also some
security to insure compliance.
There was discussion among the Council of the amount
of fill to be put in, and the problem the owner is
having with unauthorized use of dirt bikes on his
property.
Motion /Second: McCarty /Linke to approve the fill
application from Mr. Waste, contingent upon receipt
of a grade plan, to be approved by the Community
Development Director, and that security be posted
to insure compliance, with release of the bond at
the time of completion of the project, and to
insure there will be no violation to Ordinance 49A.
5 ayes
Motion Carried
0 nays Motion Carried
Mounds View City Council May 9, 1983
Regular Meeting Page Nine
Director Johnson reported Well #6 had been televised
and appears to he in good condition.
Director Johnson reported the Edgewood Square develop-
ment started today, and they hope to be finished with
the installation of services within three weeks. Knoll
wood Green has also started.
Director Johnson reported he will be attending a seminar
in Madison next week.
Attorney Meyers had no report. 12. Report of
Attorney
Councilmember Linke reported he had been in contact
with the City of Spring Lake Park regarding the
proposed traffic light for Pleasant View and Highway
10. He reported they are looking for conceptual
approval and reviewed the tentative figures he
had been given on the costs involved, and where
the funds were to come from, with Mounds View's
share to be approximately $7,463, not including
operational costs.
Clerk /Administrator Pauley reported the Highway
Department will be holding a public hearing and
recommended the City notify those residents who
would be involved.
Mayor McCarty recommended the matter be referred
to the Planning Commission. Councilmember Linke
pointed out that the final decision will be with
the Council and asked if the expenditure would be
approved by the City.
Motion /Second: McCarty /Doty to authorize Council-
member Linke to take the Pleasant View /Highway 10
signal proposal from Spring Lake Park to the
Planning Commission and, working with the liason,
Councilmember Blanchard, further determine the
disposition of the matter.
5 ayes 0 nays
Motion /Second: Doty /McCarty to amend the previous
motion to include that the property owners directly
impacted in the City of Mounds View by this proposal,
be notified of the plans that have been discussed,
so they know exactly where they are at right now.
5 ayes
13. Reports of
Councilmembers
Motion Carried
0 nays Motion Carried
Mounds View City Council May 9, 1983
Regular Meeting Page Ten
Mayor McCarty asked Councilmember Linke to inform
Spring Lake Park that the matter is going to the
Planning Commission, and he also asked Staff to
identify the source of funds.
Councilmember Hankner expressed concern with the way
the meeting minutes are being handled, as far as
changes being made prior to the regular metings,
without all the members being notified, and asked
that some type of policy be set up.
Clerk /Administrator Pauley explained that once the
minutes are received from the recording secretary,
he makes obvious changes, such as spelling or typos
or any blatant errors, but he does not edit the
minutes. He recommended that any changes to the
minutes after receipt of them from the recording
secretary, be made in the same manner that changes
occur to the City code, that it be dashed out and
the new material underlined. He added that once
the minutes are approved, the finished copy would
be a clean copy.
It was agreed by the Council that they did not want
to interfer with administrative work and they agreed
to Clerk /Administrator Pauley's suggestion of noting
changes to minutes.
Councilmember Blanchard reported she had attende the
May 4 Planning Commission meeting, and reviewed Lhe
action they had taken. She reminded the Counci of
the special meeting on May 12 to bring zoning in:o
compliance with the Comp Plan.
Councilmember Doty reported he had been on vacation
at the time of the last Council meeting.
Mayor McCarty had no report.
Clerk /Administrator Pauley reviewed the costs and
revenues for Clean -Up Day, and stated the final
report will be forthcoming.
He reported he had received a phone call, informing
him of the settlement of the 320 contract, and that
he will be drafting a contract for the Council to
approve, which should be ready within the next 30
days.
Clerk /Administrator Pauley reported he had been asked
to serve as chairman for one of the committees for the
Ramsey County civil defense. He stated he did not
feel it should involve a significant amount of his time.
He also reviewed the procedure to be followed in any
emergency, stressing that all Council members were to
report directly to City Hall first.
Mounds View City Council May 9, 1983
Regular Meeting Page Eleven
Clerk /Administrator Pauley advised that he has a list
of the members of the Rules Committee, for any Council-
member who wanted to contact them. He also reported
he had personally contact two of the Senators on that
Committee, with one saying no and the other having a
strong willingness to consider the City's position on
the airport issue.
Clerk /Administrator Pauley reported Building Inspector
Rose would be present at the next agenda session to
discuss Appendix E of the Minnesota Building Code,
regarding automatic fire suppression systems.
Clerk /Administrator reported he would be out of town
on May 11, 12 and returning in the late afternoon on
the 13th.
Motion /Second: Doty /Linke to adjourn the meeting at
10:29 PM.
5 ayes 0 nays
Do d F.
Clerk /Admin
Motion Carried