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HomeMy WebLinkAboutMinutes - 1983/09/126. Approval of Consent Agenda CITY COUNCIL MEETING CITY OF MOUNDS VIEW September 12, 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: August 22, 1983 (Regular Meeting) (Received in 9/6 packet.) 4. Public Hearing 7:40 p.m. Rezoning, Conditional Use Permit, and Wetland Alteration Permit for Lots 3 and 4, Block 2, Park View Terrace, for Dynamic Designers 5. Residents Requests and Comment from the Floor CITIZENS: BEFORE SPEAKING PLEASE GIVE YOUR FULL NAME AND ADDRESS FOR THE MINUTES ITEM A. Set Public Hearing for 1984 Revenue Sharing Budget at 7:40 p.m. on September 26, 1983 ITEM B. Set Public Hearing for 1984 General Fund Budget at 7:50 p.m. on September 26, 1983 ITEM C. Appoint Lisa Westerhaug to the Festivities Commis- sion for a Term Expiring December 31, 1984 IfEM D. Appoint Sharron Moracco to the Festivities Commis- sion for a Term Expiring December 31, 1985 ITEM E. Approve Resolution No. 1652 Appointing 1983 Water Meter Readers ITEM F. Licenses for Approval ITEM G. Approve Resolution No. 1650 Approving Just and Correct Claims Against City Funds continued- AGENDA September 12, 1983 Page Two 7. Authorize submittal of letter to Water Resources Board 8. Consideration of Resolution No. 1649 Adopting the ICMA Retirement Corporation Deferred Compensation Plan and Trust Agreement, Authorizing Execution of the Trust Agreement, and Naming a Program Coordinator 9. Consideration of Resolution No. 1653 Approving a Minor Subdivision, Conditional Use Permit, Wetland Alteration Permit, and Development Agreement for Dynamic Designers 10. First Reading of Ordinance No. 348, Rezoning Lots 3 and 4, Block 2, Park View Terrace, from R -3 to R -4 11. First Reading of Ordinance No. 347, Amending the Municipal Code of Mounds View by Amending Chapter 1, Entitled "General Provisions of Code and Chapter 202, Entitled "Snowmobiles" 12. Second Reading and Adoption of Ordinance No. 333, Amending the Municipal Code of Mounds View by Amending Chapter 32 Entitled, "The Planning Commission" 13. Second Reading and Adoption of Ordinance No. 334, Amending the Municipal Code of Mounds View by Amending Chapter 43 Entitled, "Mobile Homes" 14. Consideration of Request for Extension of Subdivision Filing for Lorraine Bonin at 8382 Pleasant View Drive 15. Consideration of Acceptance of Public Sewer and Water Improvements for Kncllwood Green and Issuance of Occupancy Permit (action will be dependent upon developer submitting necess materials by 9/12/83) 16. Consideration of Acceptance of Public Improvements for Edgewood Square 17. Consideration of Improvement Project 1983-5, 1983 Seal Coat Bids and Award of Contract 18. Report of Director of Public Works /Community Development 19. Report of Attorney 20. Report of Councilmembers Linnke, Hankner, Blanchard, Doty, McCarty 21. Report of Administrator 22. Adjournment ITEM F. Licenses for Approval CONSENT AGENDA September 12, 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 request of any individual Councilmember, any item can be removed from the Consent Agenda and placed upon the Regular Agenda for debate. ITEM A. Set Public Hearing for 1984 Revenue Sharing Budget at 7:40 p.m. on September 26, 1983 ITEM B. Set Public Hearing for 1984 General Fund Budget at 7:50 p.m. on September 26, 1983 ITEM C. Appoint Lisa Westerhaug to the Festivities Commission for a Term Expiring December 31, 1984 ITEM D. Appoint Sharron Moracco to the Festivities Commission for a Term Expiring December 31, 1985 ITEM E. Adopt Resolution No. 1653 Appointing 1983 Water Meter Readers General Expire 6/30/84 B K Builders New Code Consulting Services New Robb Gass Construction, Inc. Renewal Preferred Builders, Inc. New Heating Air Conditioning_ Expire 6/30/84 Blaine Heating, Air Conditioning Electric Renewal Kennel Expire 8/31/84 Matchmaker Kennels Residential Renewal Sham -O -Jet Kennels Commercial Renewal Restaurant Expire 6/30/84 }Iouse of Chenlee New (formerly Angie's Pizza) Sewer Water Expire 6/30/84 Freeman Construction New Pete Meier Plumbing New ITEM G. Adopt Resolution No. 1650 Approving Just and Corre Claims Against City Funds 5 ayes 0 nays PROCEEDINGS OF THE CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA 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. Motion /Second: Blanchard /Doty to approve the August 22, 1983 minutes as corrected.. Mayor McCarty passed out a checklist to the Council, to be used for development proposals, as a means to see that all the requirements of Chapter 48 are being met. He explained that he and Neil Loeding had drawn it up over the weekend. He also asked that the Council use it during the public hearing later in the evening for Dynamic Designers, and that they do review it and adopt it. Councilmember Blanchard stated she would be more comfortable having Staff review it before applying it to any public hearing. Councilmember Hankner pointed out that the Council had earlier directed Staff to come up with a checklist. Mayor McCarty replied that_ he would like action on the Dynamic Designers Proposal contingent upon compliance with Chapter 48. Doug Dindorf, 2901 Oakwood Drive, stated he was present to discuss the Knollwood Green project, and that he has been before the Council several times already in the past months regarding con- cerns with the development. He stated he would like some action taken, and he has not forgotten the promisees made when the development was approved. Mr. Dindorf stated that on May 24 and July 1, he DATE APPROVED: 9/26/83 Regular Meeting September 12, 1983 Mounds View City Hall 2401 Hwy. 10, Mounds View, MN 55112 The Mounds View City Council was called to order by 1. Call to Order Mayor McCarty at 7:30 PM on September 12, 1983. 2. Roll Call 3. Approval of Minutes: August 22, 1983 Motion Carried 4. Residents Re- quests and Comments from the Floor Mounds View City Co, 2i1 September 12, 1983 Regular Meeting Page Two sent letters to the City concerning the buffer issues, but he has not had any response yet. He added that the July 1 letter also brought up the restoration of Oakwood Drive, as it was torn up in mid May, and replaced on August 12 -15, but was not restored as it was before. He also pointed out that when the project was approved, it was to have limited or restricted access off Oakwood Drive, but they have had extremely heavy traffic, even though the barricade at the other end was recently removed. He also asked that if the street is not fixed up right away, it should be swept, as it is full of gravel. Director Johnson replied that the developer had said the access road would be paved by September 1, but it had not been. Mr. Dindorf stated the sod is torn up still in the front on sides of houses, and they would like some action taken on the part of the developer, and asked what needs to be done to get the work completed. Clerk /Administrator Pauley replied that Staff has attempted on several occasions to get together with the contractor to discuss the problems, but they have not found any one individual who is in charge of everything. He pointed out the developer has had labor problems. He also stated that they have requested an occupancy permit, and that Staff is recommending it not be given until the developer comes in and works out a satisfactory calendar to get all the problems cleaned up, which are more than what Mr. Dindorf had brought up. Clerk /Administrator Pauley stated that Staff would recommend the Council not take action on the request for an occupancy permit, and that Staff should notify the developer that there will be no release of the bond, no approvals, or no permits, until he tomes in and meets with Staff. Mayor McCarty questioned if the City could legally deny the occupany permit because of the buffer issue, and asked how they could take advantage of the request to get the developer to come in. Attorney Meyers questioned if there had been any part of the development agreement that had not been com- plied with. Director Johnson replied there is no time limit in the development agreement for these things to be taken care of, and they are tying in the restoration work and buffering with the public improvements approval. Attorney Meyers advised that the City could legally hold the occupany permit until the sewer issue is Mounds View City Council Regular Meeting Page Three resolved to the satisfaction of the City. Motion /Second: McCarty /Linke that the Council take Item 15 from the agenda and deal with it now. 5 ayes 0 nays Motion Carried There was discussion among the Council and Mr. Dindorf 5. Consideration of the damages on the easements, of Acceptance of Public Sewer Motion /Second:Doty /Linke to not accept the public and Water Im- utilities and to deny the occupany permit on the provements for grounds that the developer has not met the require Knollwood Green ments of the development agreement and the sewer and Issuance of system is not adequate at this time for occupancy. Occupany Permit Items to be resolved are the presence of over 3" of sand in portions of the sanitary sewer, street and driveway access and restoration are not com- plete, the detention pond construction is not complete, the final landscaping plan is not re- solved, including transition plantings, and the water main valve boxes are not all operable, due to debris. 5 ayes 0 nays Jim Haocker, 2900 Oakwood Drive, stated that 3' of his curb has pea rock, and that his fence was broken in one area during their work. He stated that the contractor has purchased a replacement section for his fence but that the peat rock has not been replaced. He added that the curb is now 3" above its original height. Mayor McCarty stated the Council could notify the developer he has 60 days in which to comply with the requirements the Council is making of him to complete the areas discussed. Mr. Dindorf and Mr. Hauker stated they were not satisfied with waiting another 60 days and would rather see 30 days as the time limit. Mayor McCarty explained that if the case should ever go to court, the City would be in a much better position if they granted the developer 60 days in which to complete the work Mr. Dindorf and Mr. Hauker still requested 30 days. Motion /Second: McCarty /Doty to direct Staff to inform the developer he has 30 days to satisfac- torily comply with the motion relevent to his development and direct Staff to meet with the developer to discuss those items. 5 ayes 0 nays September 12, 1983 Motion Carried Motion Carried Mounds View City Council September 12, 1983 Regular Meeting Page Four Director Johnson stated that a fence could be put up, to eliminate the problem of the construction workers using the access road. Clerk /Administrator Pauley stated he would have the Public Works department put a fence up first thing in the morning, and if they couldn't have the barricade in place by noon, they would have a squad car present. Mayor McCarty closed the regular meeting and opened the public hearing at 8:30 PM. There was no additional information from Staff, and no comments from anyone present. Mayor McCarty closed the public hearing and re- opened the regular meeting at 8:30 PM. Director Johnson pointed out that Items A -E, in his memo of September 8, were the additions requested by the Council. He also noted that the developer is in the process of resubmitting his application to the Rice Creek Watershed District. Motion /Second: McCarty /Doty to approve Resolution No. 1653, with the addition of Items A -E listed in the memo from the Director of Public Works, dated September 8, 1983, with the addition of approval from the Rice Creek Watershed District. Also, approvals given in this motion are con- tingent upon a complete and final application of Chapters 48 and 49 of the Municipal Code, by the next regular Council meeting. 4 ayes 1 nays Councilmember Hankner stated she had voted against the motion as she feels Staff and the Planning Commission had already done a very thorough job in reviewing the development, and she does not feel another review is necessary. She added that she is satisfied with the review she has done herself. Councilmember Doty stated that the Council is acting on the first wetlands alteration permit, and the Council should be certain they are doing everything that is required. Councilmember Hankner replied that Staff, on its own initiative, provided the Council with adequate 6. Public Hearing Rezoning, Con- ditional Use Permit and Wet- land Alteration Permit for Lots 3 and 4, Block 2, Park View Terrace, for Dynamic Designers 7. Consideration of Rslt. No. 1653 for Dynamic Designers Motion Carried Mounds View City Council Regular Meeting information to go through the ordinance. She added she does not want to send the message to Staff or the Planning Commission that they have not done a thorough job. She also pointed out that the check- list given the Council to use on this development is unsolicited from a private citizen. Mayor McCarty stated he would like to take more time and go through everything once more, to make sure everything is in order. Councilmember Blanchard stated she was concerned with the checklist, as it was put together rapidly over the weekend, and the proposal from the develop- er has been before the Council for quite some time. Councilmember Hankner added she did not feel it was fair to the developer, after the length of time he has been before the Planning Commission and Council, to throw in something like this checklist at the last minute. Councilmember Linke stated that after reviewing the motion, he had no problem with the wording of it, and thus was in favor of it. Motion /Second: Doty /Linke to have the first read- ing of Ordinance No. 348, an ordinance amending the Municipal Code of MoundsView by amending Chapter 41, entitled "Specific Rezonings", and waive the reading. 5 ayes 0 nays Motion /Second: Doty /Blanchard to approve the con- sent agenda and waive the reading of the resolutions. 5 ayes 0 nays Motion /Second: Doty /Blanchard to approve the submittal of the letter to the Water Resources Board. 5 ayes 0 nays Clerk /Administrator Pauley explained that the amendments are to implement new IRS guidelines. Attorney Meyers explained to the Council who makes the investments for the plan, and how the system works. September 12, 1983 Page Five 8. 1st Reading of Ord. No. 348 Motion Carried 9. Approval of Consent Agenda Motion Carried 10. Authorize Sub- mittal of Letter to Water Resource Board Motion Carried 11. Consideration of Resolution No. 1649 Regard- ing ICMA Retire- ment Corporation Plan Amendments Mounds View City Cok. it Regular Meeting Motion /Second: Doty /Linke to approve Resolution No. 1649, adopting the ICMA Retirement Corporation Deferred Compensation Plan and Trust Agreement, authorizing execution of the trust agreement, and naming a program coordinator, and waive the reading. 5 ayes 0 nays Mrs. Bonin explained that when her minor subdivision was approved in March 1981, she did not realize there was a 60 day time limit for filing the plat. She explained that it has taken her so long to get ready to file as there were requirements of things that had to be done to her property, such as taking down two sheds. She stated they have now cleaned the property up to the point where she feels the City would approve it, and they would like to file the plat now. She added that she had received a letter from the City when the minor subdivision was approved, but she did not recall it stating there was a 60 day time limit for filing. Mayor McCarty asked how this request would compare to the Miller request for an extension. Clerk/ Administrator Pauley explained they were quite different, in that the Miller case was a preliminary plat for a major subdivision, whereas Mrs. Bodin has a minor subdivision, with no preliminary plat involved. Motion /Second: McCarty /Blanchard to approve the extension request for 90 days for 8380 Pleasant View Drive, for a minor subdivision, as the services were stubbed in for an anticipated lot split in the future, and Pleasant View Drive was put in, allowing the lot split. 5 ayes 0 nays Clerk /Administrator Pauley reviewed the two sections of the municipal code that the ordinance amends. Councilmember Doty asked that an article be placed in the next newsletter, to inform the residents of this change. There also was discussion of all terrain vehicles, as to whether the ordinance change would apply to them. Motion /Second: Linke /Hankner to have the first reading of Ordinance No. 347, am the Municipal Code of Mounds View by amending Chapter 1, entitled "General Provisions of the Code" and Chapter 202, entitled "Snowmobiles and waive the reading. 5 ayes 0 nays September 12, 1983 Page Six Motion Carried 12. Consideration of Request for Extension of Subdivision Filing for Lorraine Bonin at 8382 Pleasant Drive Motion Carried 13. 1st Reading of Ordinance No. 347 Motion Carried Mounds View City Co. ..cil Regulax: Meeting Motion /Second: Doty /Blanchard to have the second reading and adoption of Ordinance No. 333, amending the Municipal Code of Mounds View by amending Chapter 32 entitled "The Planning Commission and waive the reading, and note that items of change are simply cosmetic and do not have a significant impact on the Planning Commission. Motion /Second: Blanchard /Hankner to approve the second reading and adoption of Ordinance No. 334, amending the Municipal Code of Mounds View by amending Chapter 43 entitled Mobile Homes and waive the reading. Motion /Second: Doty /Blanchard to pass Resolution No. 1654, with the recommendation of Staff that the development escrow fund not be released until the completion of other site improvement items covered by the development agreement, and waive the reading. 5 ayes 0 nays Councilmember Councilmember Councilmember Councilmember Mayor McCarty Councilmember Councilmember Councilmember Councilmember Mayor McCarty Linke aye Hankner aye Blanchard -aye Doty aye aye Linke aye Hankner aye Blanchard aye Doty aye aye Director Johnson explained the contractor is ready to begin work on September 16, if the Council approves his bid. He reviewed the bids received. Councilmember Doty suggested taking the remaining funds, since the bids came in lower than antici- pated, and rather than doing additional work, put them in another area, such as the roof repair. Director Johnson explained that would recognize another revenue sharing area, and also, if the Council were to table action until their next meeting, the con- tractor would be long done with the specified work. Mayor McCarty recommended that whatever is left in the budget would be left to use in the same account next year. Clerk /Administrator Pauley explained that if the additional work is not done this year, it would have to be done next year, and September 12, 1983 Page Seven 14. 2nd Reading and Adoption of Ord. No. 333 Motion Carried 15. 2nd Reading and Adoption of Ordinance No. 334 Motion Carried 16. Consideration of Acceptance of Public Improve- ments for Edgewood Square Motion Carried 17. Consideration of Improvement Project 1983 -5, 1983 Seal Coat Bids and Award of Contract Mounds View City Council September 12, 1983 Regular Meeting Page Eight most likely at a higher cost. Motion /Second: McCarty /Linke to award Seal Coat- ing Improvement Project 1983 -5 to Allied Blacktop, in the amount of $29,322.69, and to add the area under Change Order #1, in the memo from Staff dated September 8, 1983, not to exceed $4,931.16. 5 ayes 0 nays Motion Carried Director Johnson reviewed his memo of September 12, 18, Report of 1983 to the Council, regarding the hiring of part- Director of time maintenance personnel. Public Works/ Community Dvlp. Motion /Second: McCarty /Doty to authorize the hiring, as requested. 5 ayes 0 nays Director Johnson presented the Council with a sample of the material taken out of the backwash water after the repairs had been made to Treatment Plants No. 2 and 3. Director Johnson reported the street repair would be finished later in the week. Director Johnson reported the controls had mal- functioned on the motors on Well No. 1, and he would have a recommendation ready for the Council at their next agenda session. Director Johnson reported he is still waiting for the results back from the MSA resurfacing proi;ct. Director Johnson reported he had received a call from the consultant working on the Miller project, that he is ready to meet with the Council to discuss his preliminary findings. Clerk /Admini- strator Pauley recommended the Council meet the consultant on September 19, at their agenda session, before meeting with him and the Planning Commission together on September 28. Councilmember Blanchard stated she would not be able to attend the September 28 meeting. Council member Doty stated he would not be able to attend either. Motion /Second: McCarty /Linke to have a special meeting on September 28 for the purpose of review- ing the wetland alteration permit application on the Miller property. 5 ayes Motion Carried 0 nays Motion Carried Mounds View City Council September 12, 1983 Regular Meeting Page Nine Director Johnson reported the Planning Commission will be meeting at 7 PM on September 13 to work on Chapter 40, and on September 21. He also reported that Sharon McCarthy has also verbally resigned from the Planning Commission, so there is a vacancy on the Commission. Attorney Meyers reviewed two recent cases concern- 19. Report of ing zoning. He also reviewed an article from the Attorney St. Paul newspaper regarding sewer treatment costs which are to climb. 1e stated he would summarize the article in writing for the Council. Attorney Meyers reported that a final settlement has been reached in the lawsuit with the architect involved with the building of City Hall. Motion /Second: McCarty /Blanchard to authorize Attorney Meyers to enter into a stipulation for dismissal against Linus J. Miesch, upon receipt of his check for $1,000. 5 ayes 0 nays Motion Carried Attorney Meyers reported the City had received a check for $400 from L &N Disposal Co., which re- presents the fine they received for being over- weight in the City. Attorney Meyers briefed the Council on recent laws from th2 1983 session regarding the MAC hearing on the airport. He advised he has received one copy of the master plan for the Anoka County Airport, which he is reviewing. Councilmember Linke reported the Ramsey County League will be meeting on September 21 in White Bear Lake, regarding watersheds in Ramsey County. Councilmember Hankner reported that there will be an educational forum at the Edgewood Community Center on September 13 at 7:30 PM regarding tax dollars for education. Councilmember Blanchard asked that Staff pre- pare a certificate of appreciation for Sharon McCarthy, since she has resigned from the Planning Commission. Councilmember Doty reported the Park and Rec Commission had toured Silver View, Groveland and Lambert Parks at their meeting on September 7. 20. Reports of Councilmembers Mounds View City Council September 12, 1983 Regular Meeting Page Ten Mayor McCarty asked the status of Director Johnson's contract with regard to the surface water management plan, and if it was on schedule. Director Johnson replied it is on schedule and he does not forsee any difficulties. Mayor McCarty stated that concerning the checklist he had handed out earlier in the evening, he feels the City lacks a comprehensive checklist and he is offering this as a draft for Staff's and Council's review, and he would like a standard form that is comprehensive of everything in the ordinance. Motion /Second: McCarty /Blanchard that the Council accept for consideration the checklist presented by Mayor McCarty, and refer it to Staff for their review. 4 ayes 1 nay Councilmember Hankner voted against the motion. Councilmember Blanchard pointed out that the Council has already asked Staff to prepare the same type of checklist, and asked if this new checklist is to take the place of Staff's. Mayor McCarty replied to check the memo of September 2, which is Staff's compliance to the Council's request at that time. Director Johnson explained that Staff took the ordinance paragraph by paragraph and noted the sections that related to the particular develop- ment. Councilmember Blanchard recommended that they also address how to maintain a wetland once it has been altered. Motion Carried Clerk /Administrator Pauley asked the Council for 21. Report of their evaluations of the goal setting seminar ^.s Clerk/ quickly as possible. Administrator Clerk /Administrator Pauley noted that he had received a copy of the airport master plan, which would be available for review at City Hall. Clerk /Administrator Pauley reminded the Council of the work sessions scheduled for 7 PM on September 14 and 15. Clerk /Administrator Pauley reviewed the memo from Building Inspector Rose, dated September 12, regard- ing Appendix E of the sprinkling ordinance. It was agreed that it would be discussed at the next agenda session. Mounds View City ..ouncil September 12, 1983 Regular Meeting Mayor McCarty reported he had received a call from the Chairman of the Civil Service Commission, stating that they would be meeting at 9 AM on September 14, at City Hall, for consideration of the applicants for Police Chief. Motion /Second: Doty /Linke to adjourn the meeting 22. Adjournment at 10:50 PM. 5 ayes 0 nays tfully suom Res Dona Clerk /Administrator Page Eleven Motion Carried