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HomeMy WebLinkAboutMinutes - 1983/05/23CITY COUNCIL MEETING CITY OF MOUNDS VIEW May 23, 1983 7:30 p.m. A G E N D A 1. Call to Order 2. Roll Call Linke, Hankner, Blanchard, Doty, McCarty 3. Approval of Minutes: May 9, 1983 (Regular Meeting) 4. Public Hearings 7:40 p.m. Poppelaars Conditional Use Permit and Rezoning (Ordinance No. 341, Resolution No. 1612) 6. Approval of Consent Agenda 7 :50 p.m. Leonard Babinski Major Subdivision Preliminary Plat and Rezoning (Ordinance No. 340, Resolution No. 1609) 8:00 p.m. Norb Yenish, Motel Development, Major Subdivision Preliminary Plat (Resolution No. 1607) 8:10 p.m. Hanson /Dalberg Rezoning (Ordinance No. 339) 5. Residents Requests and Comments from the Floor CITIZENS: BEFORE SPEAKING PLEASE GIVE YOUR FULL NAME AND ADDRESS FOR THE MINUTES ITEM A. Authorize Mayor and Clerk- Administrator to Enter into a Contract with DeLaHunt, Voto Co. for a Special Assessment Debt Service Study at a Cost not to Exceed $5,000 to be Funded out of the Water Works Improvement Bond Fund of 1960 ITEM B. Approve Resolution No. 1604 Adopting the 1984 Budget Calendar ITEM C. Approve Resolution No. 1606 Adopting the 1983 Recreation Activity Fund Budget continued- AGENDA May 23, 1983 Page Two 6. Approval of Consent Agenda (cont.) ITEM D. Approve Resolution No. 1605 Authorizing the Installation of Streetlight ITEM E. Accept Resignation of Shirley Buntrock from the Mounds View Festivities Commission and Approve Resolution No. 1597 Commending Shirley Buntrock for Two Years of Dedicated Service on the Mounds View Festivities Commission ITEM F. Accept 1982 Financial Statements and Auditor's Management Report and Recommendations ITEM G. Set Revenue Sharing Proposed Use Hearing for 7:40 p.m. on June 13, 1983 ITEM H. Approve Resolution No. 1611 Approving Planning Case 127 -83 A Minor Subdivision Request ITEM I. Approve Resolution No. 1610 Appointing Signatores for POST Board Training Reimbursement Monies ITEM J. Licenses for Approval ITEM K. Approve Resolution No. 1598 Approving Just and Correct Claims Against City Funds 7. Consideration of Report from TKDA, Inc. Regarding Bids for Water Treatment Plant Modifications £s, Consideration of Planning Commission Recommendation and Resolution No. 1608 Regarding Mr. Donut 9. Consideration of Staff Memorandum Regarding Pro Women's Wrestling 10. Report of Director of Public Works /Community Development 11. Report of Attorney 12. Report of Councilmembers Linke, Hankner, Blanchard, Doty, McCarty 13. Report of Administrator 14. Adjournment CONSENT AGENDA May 23, 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 notion 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. Authorize Mayor and Clerk- Administrator to Enter into a Contract with DeLaHunt, Voto Co. for a Special Assessment Debt Service Study at a Cost not to Exceed $5,000 to be Funded out of the Water Works Improvement Bond Fund of 1960 ITEM B. Adopt Resolution No. 1604 Adopting the 1984 Budget Calendar ITEM C. Adopt Resolution No. 1606 Adopting the 1983 Recreation Activity Fund Budget ITEM D. Adopt Resolution No. 1605 Authorizing the Installation of Streetlight ITEM E. Accept Resignation of Shirley Buntrock from the Mounds View Festivities Commission and Adopt Resolution No. 1597 Commending Shirley Buntrock for Two Years of Dedicated Service on the Mounds View Festivities Ccnrnission ITEM F. Accept 1982 Financial Statements and Auditor's Management Report and Recommendations ITEM G. Set Revenue Sharing Proposed Use Hearing for 7:40 p.m. on June 13, 1983 ITEM H i. Adopt Resolution No. 1611 Approving Planning Case 127 -83 A Minor Subdivision Request ITEM I. Adopt Resolution No. 1610 Appointing Signatores fcr POST Board Training Reimbursement Monies ITEM J. Licenses for Approval General Expire 6/30/83 B L Home Improvement, Inc. New D D Home Improvement, Inc. New Scott Builders, Inc. Renewal Twin City Storm Sash, Inc. New Masonry Expire 6/30/83 Norsk Concrete Renewal Asphalt Expire 6/30/83 Darrell's Contracting New Sewer and Water. Expire 6/30/83 H.B.H. Construction, Inc. New ITEM K. Adopt Resolution No. 1598 Approving Just and Correct Claims Against. City Funds Other Expire 6/30/83 Jack Newberry New (Fence Installation) The Mounds View City Council was called to order by Mayor McCarty at 7:30 PM on May 23, 1983. MEMBERS PRESENT: Councilmembers Linke, Hankner, Blanchard, Doty and Mayor McCarty. ALSO PRESENT: City Attorney Meyers, Clerk/ Administrator Fauley and Public Works /Community Development Director Johnson. Motion /Second: Doty /Blanchard to approve the May 9, 1983 minutes as corrected. 5 ayes 0 nays Councilmember Hankner updated the Council on recent action on the airport legislation, by both the House and the Senate. Patrick Lehman of TKDA reviewed the bids received by the City for the construction of potassium pez_nangate feed equipment for water treatment plants No. 2 and 3. He reported the project has a July 15 completion date, which he felt confident the low bidder could meet. He also reviewed the necessity for the work. Motion /Second: Doty /Hankner to approve the re- habilitation of Wells 2 and 3, awarding the bid to A K Construction, Inc. in the amount not to exceed $14,828, to be paid out of the water fund, and authorize the Mayor and Clerk /Administrator to enter into a contract. 5 ayes Mayor McCarty closed the the first public hearing Director Johnson briefly development. PROCEEDINGS OF THE CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA DATE APPROVED: 6/13/83 Regular Meeting May 23, 1983 Mounds View City Hall 2401 Hwy. 10, Mounds View, MN 55112 1. Call to Order 2. Roll Call 3. Approval of Minutes: May 9, 1983 Motion Carried 4. Corsideration of Report from TKDA, Inc. Regarding Bids for Water Trmt. Plant Mod. 0 nays Motion Carried regular meeting and opened 5. Poppelaars at 7:42 PM. Conditional Use Permit and reviewed the proposed Rezoning Public Hearing Mounds View City Council Regular Meeting Councilmember Blanchard reported the Planning Commi- ssion would like to see the two parcels made into one. Mr. Poppelaars stated that if the Council approved the joining of the two parcels, his attorney would handle the details. Mayor McCarty closed the public hearing and reopened the regular meeting at 7:45 PM. Motion /Second: Linke /Blanchard to approve the first reading of Ordinance No. 341. 5 ayes 0 nays Motion /Second: Linke /Blanchard to adopt Resolution No. 1612. 5 ayes 0 nays Motion /Second: McCarty /Doty to approve the Consent Agenda, minus Item E. 5 ayes 0 nays Mayor McCarty asked that Resolution No. 1597 be read, accepting the resignation of Shirley Buntrock from the Mounds View Festivities Commission and commending her for two years of dedicated service on the commission. Clerk /Administrator Pauiey read Resolution No. 1597. Motion /Second: Doty /Hankner to approve Resolution No. 1597. 5 ayes 0 nays Mayor McCarty closed the regular meeting and opened the second public hearing at 7:50 PM. He explained the process of a public hearing, and stated that since there were so many citizens who would like to speak, that while each would be given their turn, he asked that they not repeat each others comments but rather state if they agreed with what had already been said, and had any additional comments to add. Colleen Olson, 7641 Edgewood Drive, presented the Council with a petition against the proposed development, signed by all those who would be adversely affected. She read a prepared statement to the Council, stating she was against the proposed development and would like the area left residential. May 23, 1983 Page Two Motion Carried Motion Carried 6. Approval of Consent Agenda Motion Carried Motion Carried 7. Leonard Babinski Major Subdivi- sion Prel. Plat and Rezoning Public Hearing Mounds View City Council May 23, 1983 Regular Meeting Page Three Bruce Markwardt, 7635 Edgewood Drive, stated he agreed with Ms. Olson, and that he :tad lived there 41 years and wanted to see the area remain residential. Dave Bjur, 7639 Edgewood Drive, stated he was not concerned about the additional children because he is anti children but right now the neighborhood has 15 children in 11 homes and he felt the proposed development could add approximately 50 more children. Dave Olson, 7641 Edgewood Drive, stated he was concerned about the traffic problem, as one child had already been run over by a car, as well as there is a problem with the cars traveling too fast. Mike Anderson, 7628 Greenfield Avenue, stated he lives next to the lot for the proposed development and he would like to see a single family home built there. Robert Winne, 7656 Greenfield Avenue, stated he is against the proposal because of the traffic and parking problems already experienced. Wes Johnson, 7630 Greenfield Avenue, presented the Council with pictures of the parking on the street in the neighborhood and explained some of the problems they have been having. He stated he is concerned with more apartment buildings going in, as they will be creating an island for the 11 residential homes, and they will be cut off from the rest of the resi- dential area in the City. Cheryl Johnson, 7630 Greenfield Avenue, stated there is a serious traffic problem during the winter already, with so much parking on the street that the plows have trouble getting through. She added that there is a problem also with children from the existing rental property comJng into all their yards to play. Helen Gould, 7643 Edgewood, stated she had reviewed a copy of minutes from 1976, when a public hearing was held on the rezoning of the property, and that since then, four single family homes have been built and have all sold. She stated she would like to see the area remain residential. Bob O'Neil, 7644 Greenfield, stated he agreed with comments made already and that he wished to see it remain single family. Dave Williams, 7625 Edgewood, stated he agreed with the comments made so far, and asked the Council to consider, if they decide to pass the proposal, to come out and appraise the homes in the area, as a single family area. and then come again and appraise them with the apartments. and see if the developer is willing to pay the difference to the property owners. Mounds View City Council May 23, 1983 Regular Meeting Page Four Ms. Olson stated she had reviewed Planning Commission minutes and did not find any comments or acknowledge- ments that this would be going next to a single family home, and asked why the residents were never notified when the item was before the Planning Commission. Mayor McCarty replied t' -t the law requires the City Council to conduct public hearings, and that in the past they have always tried to notify the effected property owners at the Planning Commission level, and they will try to insure it happens from now on. Planning Commissioner Josey Warren stated that many members of the Planning Commission felt it should happen, but that notices haven't been sent out since she became a member. She explained for those present the procedure the Planning Commission follows in reviewing proposed developments. Mayor McCarty advised anyone interested to come in and read the Housing Plan portion of the Comprehensive Plan. It was questioned if transitional zoning had been con- sidered, with Ms. Olson, Ms. Gould and Mr. Johnson speaking against it, stating they want the area to remain single family. Mr. Markwardt stated he was concerned with the proposed apartments, that since he has seen many vacancy signs in Mounds View, and if these were not fully occupied, he could envision them becoming run -down. Ms. Warren stated the Planning Commission was very concerned with the parking situation, in reviewing the proposed development, and felt there should be some resolution to the problem, which is City wide, hut they felt it would have to be handled at the Council level. Mayor McCarty asked that the Planning Commission check into it first. Ms. Olson stated they would be dealing with transient people, who often do not have pride in their residence or neighborhood. Mr. Johnson stated that he is also a landlord, and that while he personally keeps his rental property acceptable, he does not take care of it with the same pride and effort he does to his own home, as it is rental property, and he is into it for the financial gain. Mr. Olson stated he was concerned with the parking situ- ation from the Bel Rae Ballroom, as there is already a problem for blocks around when they have an event going on. Mounds View City Council May 23, 1983 Regular Meeting Page Five Attorney Meyers advised that if the Council has been fully informed of the development, it wou ?d be per- mitted to now have the developer give his side of the proposal. Larry Malmin and Richard Van Sickle, of Van Sickle, Allan, reviewed the proposed development, showing the blueprint of the projec.. Mayor McCarty asked if any study had been done on the potential impact of value for the existing home owners, and asked if the developer would be willing to indem- nify the City against lawsuits from home owners. Mr. Malmin stated he was not certain if any study had been done, and that while he could not speak for the developer, he did not feel he would be willing to indemnify the City against lawsuits. Mr. O'Neil stated that he had noticed at the four plex across the street that the people park on the street, rather than in the parking lot, which creates a problem. It was also noted that these renters have as many possessions as home owners, such as boats and trailers and campers and so forth, which they must find some place to park, as well as a place for their cars. It was also noted that their garages are often used totally for storage, rather than the parking of vehicles. Ms. Warren stated the Planning Commission takes into consideration the amount of green space available for snow storage. Mr. Johnson stated he was concerned with traffic and the inpact of the vehicles to be parked. He stated he did not feel the minimum requirements were sufficient. Ms. Olson stated she did not feel the 8 trees shown on the blueprint were sufficient for buffering the residential area. Mr. Van Sickle stated he believed the developer would be willing to put more trees in if it was felt they were needed. The resident who has the wood pile on the developers land stated he would be willing to move the pile upon request. Ernie Gustafson, owner of the property in question, stated that in dealing with the developer, they had discussed how to screen the residents, and had proposed a 6' redwood fence, as well as other options. Mounds View City Council May 23, 1983 Regular Meeting Page Six Mr. Gustufson informed the residents he has been paying taxes on the property for over 40 years, and they have been increasing $5,000 to .76,000 each year, and it is to the point where he cannot afford to keep up with the taxes. He stated he felt the residents property was devalued already when they purchased it, with the apartment buildings already present. He added thy' the proposed development will be pleasing in appearance. Mr. Gustufson stated this was the fifth time he has come before the City to try and develop the property, but had been turned down each time because of the residents complaints. He presented examples of how the residents in the area have been using his property, and asked for the right to use his own property. Mayor McCarty asked if the property was R -1 when Mr. Gustufson purchased it. Mr. Gustufson replied he purchased it 40 years ago, and it was just one solid piece of ground at that time, and that he put in his own road. He added he did not ask to have the property zoned to R -1, and that the Council did that of their own authority, and that while he did not protest it at that time, there was no objective to it then. Mr. Gustufson stated he had recently been discussing the sale of the property to a residential developer, but after viewing the type of home the developer built, felt the four plexes would be of a much higher quality. Several of the residents replied to Mr. Gustufson, stating they would prefer to see him sell to the residential developer, as the opportunity was there. They also expressed concern with pride in ownership. James Carter, 7660 Greenfield, stated he has had a problem with garbage in the neighborhood and people litering, as well as problems with no privacy, and the apartment residents and children coming into his back yard, which is fenced. He stated he is opposed to the development as there are enough transient people already that they have to deal with. He also stated there is a parking problem. Mayor McCarty closed the public hearing and reopened the regular meeting at 9:08 PM. Attorney Meyers advised that the Council can consi- der the items that have been brought up, and that if additional parking problems would be created, they could be taken into consideration, as well as the reliance of the people based on the current Mounds View City Council May 23, 1983 Regular Meeting Page Seven zoning, for any increase in traffic that would occur over and above the permitted use. He stated there is evidence of an adverse effect on single family dwellings, and they should take into consideration the nature of the neighborhood now and the existing use of the abutting property, and they can take into consideration the transient nature of renters, but not race, color, creed or economic status. He advised that if the proposal a rezoning is granted, they could put into the development agreement that the parking lots be kept clear in the winter, and back it up by a bond, which would be carried down to any future owners. He added that the screening with trees could be covered for a reasonable time for replacement. He also advised the courts are not concerned with the profit a developer might make. Attorney Meyers also advised that the Comp Plan designation should be used as a guide only, and that whatever the correct zoning is would control the use, and that to adopt the proposal would re- quire a 4/5 vote. Councilmember Blanchard asked if there was any room for compromise between the developer and residents, and suggested tabling action if there is a possibility of compromise. Mayor McCarty stated that in reference to the Comp Plan, it is not to be viewed as a hard and fact outline of the community, but that they are dealing with guidelines. He stated that there seem to be some continuing problems with parking, snow plowing and garbage and so forth, which can be dealt with. However, there is a problem with the compatibility with the surrounding neighborhood. He stated he felt it is good planning to do transitional zoning, and that they could maintain the neighborhood as R -1, for some distance, and then allow the higher zoning toward the Bel Rae Ballroom. Attorney Meyers advised the item could be tabled, but there would be a logistics problem, as everyone involved would have to be notified again for further discussion and action. Motion /Second: McCarty /Linke to deny the plat as presented, with the reasons for denial based upon the existing Zoning, Comprehensive Plan and Chapter 40 of the Municipal Code, and further, to table the Babinski proposal and rerefer it to the Planning Commission for further disposition, taking into consideration transitional zoning. 5 ayes 0 nays Motion Carried Mounds View City Council May 23, 1983 Regular Meeting Page Eight Councilmember Linke stated he felt four- plexes against R -1 would not be desirable and that he would like to see transitional zoning. He also asked that a tot lot be considered for the development. Councilmember Blanchard stated she felt the proposal is high density but there is room for compromise, and she hopes something can come out of it. Councilmembers Hankner and Doty stated they both agreed with Councilmembers Linke and Blanchard. Mayor McCarty stated this is a very close neighborhood and it may be to their advantage to appoint two or three people to act as spokesmen for the group in further meetings with the City. Councilmember Hankner left the meeting at 9:27 PM to return to work. Mayor McCarty closed the regular meeting and opened the third public hearing at 9:45 PM. There were no residents present proposed development. Mayor McCarty closed the public the regular meeting at 9:45 PM. 4 ayes 0 nays concerned with the hearing and reopened Motion /Second: Linke /Blanchard to approve Resolution No. 1607, approving the preliminary plat for Programmed Land, Inc. Mayor McCarty closed the regular meeting and opened the fourth public hearing at 9:46 PM. Clerk /Administrator Pauiey explained the Council had had the first reading of Ordinance No. 339 at the May 9 meeting. Mr. Dalberg stated he is requesting that the north lot be rezoned be R -3, and the south lot be rezoned to R -2. Director Johnson explained that on May 18, the Planning Commission met and discussed the proposal in detail, and forwarded on Resolution 78 -83, and that they will take formal action at their first meeting of June, on June 1. There was discussion on what the Council was to consider tonight and what the Planning Commission will be discussing and what their intent is. 8. Norb Yenish, Motel Dvlpt. Major Sub. Preliminary Plat Public Hearing Motion Carried 9. Hanson /Dalberg Rezoning Public Hearing to Mounds View CiLy Council May 23, 1983 Regular Meeting Page Nine Clerk /Administrator Pauley explained that hearing notices had been sent out, informing people that it was for rezoning from R -1 to R -2 and /or R -3. Mark Ba::ter stated he was the neighbor living next door to Mr. Hanson and asked for the status of the development. Mr. Dalberg stated that the direct—,n from the Planning Commission was that they would approve R -3 on the north lot, and R -2 on the south lot, and take official action on June 1. Mayor McCarty reviewed the action taken to date for Mr. Baxter. Mayor McCarty closed the public hearing and reopened the regular meeting at 10:05 PM. Motion /Second: McCarty /Blanchard to approve Ordinance No. 339, amending the ]egal description to refer only to the south lot, rezoning it from R -1 to R -2, and adding a Section II for the north lot to rezone it from R -1 to R -3. Councilmember Councilmember Councilmember Mayor McCarty Linke aye Blanchard aye Doty aye aye Motion /Second: McCarty /Blanchard that the City Council approve Resolution No. 1613, approving the subdivision for Case 123 -83, creating 3 lots, with 100' frontage on the south lot, 133' frontage on the north lot, on Silver Lake Road, with the lot fronting Groveland Road remaining at 83'frontage, with the depth of the lots fronting Silver Lake Road to be 201.6' and the lot fronting Groveland Road to be 216.6'. 4 ayes 0 nays Director Johnson stated Mr. Dalberg must come back with the site plan, and have the development agree- ment executed. There were no residents requests or comments from the floor. Director Johnson reviewed the history of the proposed development, and stated it was his understand the Council may choose to have a public hearing for a conditional use permit. Motion Carried Motion Carried 10. Residents Re- quests and Comments from the Floor 11. Consideration of Planning Comm. Recommen- dation and Rslt. No. 1608 for Mr. Donut Mounds View City Council May 23, 1983 Regular Meeting Page Ten Attorney Meyers advised that Director Johnson was correct in his understanding. There was discussiin among the Council if anyone would be left out by not holding a public hearing. Motion /Second: Linke /Doty to approve Resolution No. 1608. 4 ayes The Council directed Clerk /Administrator Pauley and Staff to draw up a resolution regulating the activity, for consideration at the next agenda session, including having two uniformed police officers present, the promotor remit $$100 in advance as a license for each evening, all beer setups and other refreshments dispensed in paper cups, and the premises to be closed by 12:00 Midnight. Director Johnson asked approval to hire a part time public works person. Motion /Second: McCarty /Doty to approve the hiring of Brian Peterson for the Department of Public Works, for 100 days, at $5.00 per hour, to be paid from the sewer department. 4 ayes 0 nays Director Johnson advised that the building at 7900 Edgewood Drive appears to be abandoned, and that in checking, they have found it un- secured and have issued the required legal notices, and asked for Council authorization to proceed at the end of 10 days to secure the vacant building. Attorney Meyers reviewed the laws concerning unsecured buildings. Motion /Second: Linke /Blanchard to authorize Staff to secure the building at 7900 Edgewood Drive, pursuant to the provisions under Minnesota Statute 463.251, wherein the building is vacant and unoccupied and is deemed hazardous due to the fact that the building is open to trespassers and has not been secured, and the building could be made secure, and that any costs incurred should be assessed to the property. 4 ayes 0 nays 12. Consideration of Staff Memo Regarding Pro Women's Wrestli 13. Report of Director of Public Works/ Community Dvlp. 0 nays Motion Carried Motion Carried Motion Carried Mounds View City Council Regular Meeting Director Johnson stated he would be reporting on the status of the storm water management plan and his seminar in Madison at the June 6 agenda session. Clerk /Administrator Pauley stated that Mr. Donut needs the City seal on two legal documents for the splitting of their two lots. Mr. Welch explained they had a minor subdivision Brooks, which was approved by both the Planning Commission and City Council, and the subdivision has been done but it was not recorded at the County offices. Attorney Meyers advised Mr. Welch to come in for a closer review of the documents. Attorney Meyers reported that it appears the Legis- 14. Report of lature has tightened up the DWI laws, and reviewed Attorney the changes made. Councilmember Linke reported he had attended the Ramsey County League meeting lass Wednesday and gave the highlights of the presentation on volunteerism. He also reported the watershed issue was discussed, and the League is asking the Rice Creek Watershed District to attend the August meeting, to discuss the item. Councilmember Linke reported he had attended the May 18 Planning Commission meeting and discussed the traffic signal at Pleasant View and Highway 10, and that the residents present were opposed, so he has notified both Spring Lake Park and the State that the meeting was held and there was opposition. Councilmember Linke reported he is now working out of his home, until his new employer locates an office for him, so will be reachable during the day at his home phone number. Councilmember Blanchard reported she had attended the May 18 Planning Commission meeting and that most of what was discussed there has already been brought up this evening. Councilmember Blanchard presented a check to Mayor McCarty as a donation from the family of Melvin Sinderson, in his memory. Mayor McCarty thanked Councilmember Blanchard and her family. Councilmember Doty had no report. May 23, 1983 Page Eleven 15. Reports of Councilmembers Mounds View City Council May 23, 1983 Regular Meeting Page Twelve Mayor McCarty reported he had attended a meeting at the Edgewood Community Center regarding enrichmE ^.t class offerings. He reported the congregate dining program is having a problem in transporting senior citizens to and from its meals and asked Staff to check into the transportation problem and see if the City could help in some way. Mayor McCarty reported the City had received a certificate last week from the Jaycees, stating their ajpreciation for the City letting them hold their haunted house at City Hall. He explained the funds are used to help retarded citizens. Mayor McCarty read the award. Clerk /Administrator Pauley asked if any Council- 16. Report of members planned on attending the AMM annual dinner Clerk /Admini- on May 26. Mayor McCarty replied that he planned st on attending. Motion /Second: Doty /Linke to adjourn the meeting 17. Adjournment at 10:49 PM. 4 ayes 0 nays i L/ Dona 41 F. Pau Clerk /Adminis Motion Carried