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HomeMy WebLinkAboutMinutes - 1984/05/148. Approval of Consent Agenda CITY COUNCIL MEETING CITY OF MOUNDS VIEW May 14, 1984 7 :30 P.M. A G E N D A 1. Call to Order 2. Pledge of Allegiance 3. Roll Call Linke, Hankner, Blanchard, Doty and McCarty Approval of Minutes: April 23, 1984 (Regular Meeting) (Received in 5/7/84 Packet) April 30, 1984 (Special Meeting) 5. Public Hearings 7 :45 pm Rezoning of Church Triangle from R-3 to R -1 8:00 pm Rezoning of 2740 Highway 10 from B -3 to B -2 8 :13 pm Rezoning of 2 Lots North of 7190 Silver Lake Road from R -3 to R -1 8:30 pm Rezoning of South Corner of Old Hwy. 8 and County Rd. H from R -2 to CRP. 6. Informational Meeting: 9:00 p.m.- 1984 M.S.A. Street Project 7. Residents Requests and Comments from the Floor CITIZENS: BEFORE SPEAKING PLEASE GIVE YOUR FULL NAME AND ADDRESS FOR THE MINUTES ITEM A. Set Public Hearing for 7 :50 p.m. on July 9, 1984 for Rezoning of Red Oak Estates No. 1 and Lot 1, Block 1 from R -1 to R -3 ITEM 13. Authorize Placement of Streetlight at 8392 Pleasantview Drive Pursuant to Recommendation Contained in Staff Memorandum Dated April 23, 1984 ITEM C. Authorize Repair of Well No. 2 Natural as Engine and Installation of a 500 Gallon Propane Tank with Transfer Switch at an Estimated Cost of $7,500 AGENDA May 14, 1984 Page Two 8. Approval of Consent Agenda (continued) ITEM D. Approve Resolution No. 1733 Relating to Parking Restriction on S.A.P. 146- 229 -03 from County Rd. I to Hillview Road in the City of Mounds View, Minnesota ITEM E. Authorize Director of Public Works /Community Development to Prepare Plans and Specifications and Advertise for Bids on the 1984 Street Maintenance Program ITEM F.ADprove Resolution No. 1706 Authorizing the Metropolitan Council to Implement the Solar Bank Deferred Loan Program Within the City of Mounds View ITEM G. Approve Resolution No. 1734 Supporting An Independent Management Study of the Metropolitan Waste Control Commission ITEM H. Approve Resolution No. 1735 Opposing Industrial Development Bond Per Capita Limitations ITEM I. Reschedule May 28, 1984 Council Meeting and All Scheduled Public Hearings to May 29, 1984 ITEM J. Approve Reimbursement to Groveland Park Foundation for 1983 -84 Winter Skating Volunteer Program ITEM K. Approve Development Agreement No. 84 -65 with Christopher Companies for the Development of 133 Apartment Units (Material to be handed out Monday.) ITEM L. Licenses for Approval ITEM M. Approve Resolution No. 1736 Approving Just and Correct Claims Against City Funds 9. First Reading of Ordinance No. 358 Amending the Municipal Code of Mounds View by Amending Chapter 41 Entitled, "Specific Rezoning" 10. First Reading of Ordinance No. 360 Amending the Municipal Code of Mounds View by Amending Chapter 41 Entitled, "Specific Rezoning" 11. First Reading of Ordinance No. 361 Amending the Municipal Code of Mounds View by Amending Chapter 41 Entitled, "Specific Rezoning" AGENDA May 14, 1984 Page Three 12. First Reading of Ordinance of Mounds View by Amending Rezoning" 13. First Reading of Ordinance of Mounds View by Amending Rezoning" No. 362 Amending the Municipal Code Chapter 41 Entitled, "Specific No. 363 Amending the Municipal Code Chapter 41 Entitled, "Specific 14. Report of Director of Public Works/Community Development 15. Report of Attorney 16. Report of Councilmembers Linke, Hankner, Blanchard, Doty and McCarty 17. Report of Administrator 18. Adjournment CONSENT AGENDA May 14, 1984 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 7:50 p.m. on July 9, 1984 for Rezoning of Red Oak Estates No. 1 and Lot 1, Block 1 from R -1 to R -3 ITEM B. Authorize Placement of Streetlight at 8392 Pleasantview Drive Pursuant to Recommendation Contained in Staff Memorandum Dated April 23, 1984 ITEM C. Authorize Repair of Well No. 2 Natural Gas Engine and Installation of a 500 Gallon Propane Tank with Transfer Switch at an Estimated Cost of $7,500 ITEM D. Adopt Resolution No. 1733 Relating to Parking Restriction on S.A.P. 146- 229 -03 from County Pd. I to Hillview Road in the City of Mounds View, Minnesota ITEM E. Authorize Director of Public Works /Community Development to Prepare Plans and Specifications and Advertise for Bids on the 19E4 Street Maintenance Program ITEM F. Adopt Resolution No. 1706 Authorizing the Metropolitan Council to Implement the Solar Bank Deferred Loan Program Within the City of Mounds View ITEM G. Adopt Resolution No. 1734 Supporting An Independent Management STudy of the Metropolitan Waste Control Commission ITEM H. Adopt Resolution No, 1735 Opposing Industrial Development Bond Per Capita Limitations ITEM I. Reschedule May 28, 1984 Council Meeting and All Scheduled Public Hearings to May 29, 1984 ITEM J. Approve Reimbursement to Groveland Park Foundation for 1983 -84 Winter Skating Volunteer Program ITEM K. Approve Development Agreement No. 84 -65 with Christopher Companies for the Development of 133 Apartment Units (Material to be handed out Monday.) CONSENT AGENDA May 14, 1984 Page Two ITEM L. Licenses for Approval GENERAL Expire 6/30/84 B L Home Improvement, Inc. Renewal W. F. Bauer Construction Co. New C. O. Field Co. Renewal Max's Construction Co. New The Remodeler, Inc. of Hugo New Ruprecht Home Builders New Trucker Sheehy Constructors Inc. Renewal Viking Home Improvement Co. Renewal HEATING AND AIR CONDITIONING Expire 6/30/84 St. Marie Sheet Metal, Inc. Renewal MASONRY Expire 6/30/84 Mason Construction New Mel's Concrete Construction New Midwest Cement New OTHER Expire 6/30/84 Dolphin Pool and Patio (Swimming Pool) New Northern Fire Protection, Inc. (Sprinkler Systems) New Viereck Fireplace Sales, Inc. (Fireplace) New ITEM M. Adopt Resolution No. 1736 Approving Just and Correct Claims Against City Funds LICENSES FOR APPROVAL MAY 14, 1984 EXPIRE 6/30/84 GENERAL --i.'� 6 1 7 L B L Home Improvement, Inc. Renewal W. F. Bauer Construction Co. New C. 0. Field Co. Renewal Max's Construction Co. New The Remodeler, Inc. of Hugo New Ruprecht Home Builders New Trucker Sheehy Constructors, Inc. Renewal Viking Home Improvement Co. Renewal HEATING AIR CONDITIONING St. Marie Sheet Metal, Inc. Renewal MASONRY Mason Construction New Mel's Concrete Construction New Midwest Cement New OTHER Dolphin Pool Patio (Swimming Pool) New Northern Fire Protection, Inc. (Sprinkler Systems) New Viereck Fireplace Sales, Inc. (Fireplace) New The Mounds View City Council was called to order by Mayor McCarty at 7:31 PM on May 14, 1984. The Pledge of Allegiance was said. MEMBERS PRESENT: Councilmembers Linke, Hankner, Blanchard, Doty and McCarty. ALSO PRESENT: City Attorney Meyers, Clerk /Admini- strator Pauley and Public Works /Community Development Director Thatcher. Motion /Second: Doty /Blanchard to approve the April 23, 1984 minutes as corrected. 5 ayes 0 nays 5 ayes 0 nays PROCEEDINGS OF THE CITY COUNCIL CITY OF MOUND: VIEW RAMSEY COUNTY, MINNESOTA Motion /Second: Linke /Hankner to approve the April 30, 1984 minutes as presented, 5 ayes 0 nays There were no residents requests or comments from the floor. Mayor McCarty asked that Item H be pulled. Councilmember Hankner asked that Item B be pulled. Clerk /Administrator Pauley asked that a public hear- ing be added to Item A, for 8:15 PM on July 9, 1984, regarding the rezoning of property at 2800 highway 10. Motion /Second: Doty /Linke to approve the consent agenda, as amended, and waive the reading of the reso- lutions. Approved: May 29, 1984 Regular Meeting May 14, 1984 Mounds View City Hall 2401 Hwy. 10, Mounds View, MN 55112 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Approval of Minutes: April 23, 1984 and April 30, 1984; Motion Carried Motion Carried 5. Residents Re- quests and Comments from the Floor 6. Approval of Consent Agenda Motion Carried Mounds View City Council May 14, 1984 Regular Meeting Page Two Councilmember Hankner asked that Item B includes language that shielding be provided. Motion /Second: Hankner /Blanchard to approve Item B, with shielding to be included. 5 ayes 0 nays Mayor Mel=irty stated that for Item H, he would like more history on the use of industrial revenue bonds before voting on the resolution. Motion /Second: McCarty /Doty to table Item H. 5 ayes 0 nays Councilmember Hankner asked that information also be provided on how money from the industrial revenue bonds is used, as far as who benefits from it. Clerk /Administrator Pauley advised that Congress is expected to take action on the item sometime in the next month, but it will most likely go on to Committee. Motion /Second: Doty /Linke to have the first reading of Ordinance No. 358, amending the Municipal Code of Mounds View by amending Chapter 41, entitled "Specific Rezoning and waive the reading. 5 ayes 0 nays Mayor McCarty closed the regular meeting and opened the public hearing at 7:45 PM. Director Thatcher reviewed the proposed rezoning, from R -3 to R -1. John Matthews, pastor of the Church Upon the Rock Church, stated the Church has a buyer for the property, which they have verbally accepted, on an R -3 zoning basis, and the Church is asking that the zoning not be changed. He stated he was told by Clerk /Administrator Pauley that the proposed use, for a Kinder Care facility, would be R -3. Councilmember Linke stated there was a covenent that the area in question was to be used for parking, and the City does not want it to be constructed. Clerk /Administrator Pauley reported they had checked the development agreement, which stipulates the Church must retain ownership of the property for parking purposes, and it was part of the permit for the developer of the original Church building. He stated the Church was advised that any attempt to sell the Motion Carried Motion Carried 7. First Reading o Ordn. No. 358 Motion Carried 8. Public Hearing: Rezoning of Church Triangle from R -3 to R Mounds View City Council May 14, 1984 Regular Meeting Page Three property would require approval of the City, and the stipulation would have to be waived. Reverend Matthews stated they have not used this pro- perty for parking, and they have purchased additional property to the north, which can be used for parking. He added that they would have an agreement with Kinder Care to have joint use of the parking facilities on that piece of property, as needed. Councilmember Blanchard questioned if the parking lot next to the Church had been enlarged. Pastor Matthews replied it had not but it could be. He added they do not believe the parking requirements are consistent with the size of their congregation, and they have changed their sanctuary, and have less seating now then what they used to have. Attorney Meyers reviewed the 1984 special use permit agreement, and advised the Church was required to retain and maintain the triangular piece of property, and reviwed development considerations, stating that they would have to comply with all setbacks and so forth. Peg Mountin, Chairman of the Planning Commission, explained that the proposed rezoning is to tie the property to the Church, and all church property in Mounds View is zoned R -1. The proposed parking is to compliment the size of the property involved, not the size of the congregation, as the use of the building could change in the future, with different parking requirements at that time. Brad Walton, 2741 Hillview, questioned how Kinder Care would fit in R -3, and stated he was concerned with how property values might be effected. Mayor McCarty explained a day care center Is allowable in the Code in R -3, nut R -1. Reverend Matthews stated they had also had interest expressed in the property from a Dairy Queen owner and car wash owner. Frank Kampel pointed out the Comp Plan denotes the area as church property. Mayor McCarty closed the public hearing and reopened the regular meeting at 8:00 PM. Attorney Meyers noted the purpose of the hearing is to 9. First Reading of bring the property into conformance with the Comp Ordn. No. 363 Plan, and the contemplated future use would not he a consideration tonight, but with the special use permit, Mounds View City Council May 14, 1984 Regular Meeting Page Four the Council could change the requirements. He stated that if the Church could provide 30,000 sq. ft. of parking, the special use permit would not apply. Councilmember Doty stated he was concerned that the property was not in use, and questioned how many single family homes could be developed there. Chairman Mountin replied that there would be room for two homes, but stated it was not a feasible site for R -1 homes, but recommended it remain Church property, and it should remain with the actual site. She also pointed out that for the Church to consider the additional property they had purchased as a park- ing area, it would have to be improved and surfaced and so forth. Mr. Kampel pointed out the 30,000 sq. ft. parking requirement was based on the requirements when the Special Use Permit was adopted. Mayor McCarty questioned whether the City could tie non continuing pieces of property to the zoning, and whether the City has control over any future uses. He stated that by rezoning it to R -1, the City may be making it into something that could never be developed. Councilmember Linke stated the idea of the triangle was to augment the parking for the existing building, and that what the present owners might want to do should have no bearing on the process being considered now. He recommended Kinder Care come in, stating that they would like to develop, and that they would be willing to augment the Sunday parking. He added that they should not hold up the rezoning process tonight. Reverend Matthews stated that Kinder Care has given the Church a written bid for the property, which the Church has verbally accepted, and there are a few minor contingencies to cheek into before an agreement would be signed. He added the Church was not aware the property was being considered for rezoning, but they are willing to follow the proper procedures. He stated he anticipates that if the property is re- zoned to -1, they would lose the sale. Mayor McCarty suggested having the first reading of the ordinance, which would allow approximately 44 days before it would go into effect, which would give the Church time to take action. Attorney Meyers recommended that if Kinder Care would like to develop, they should apply for a building permit while the property is still R -3. He also recommended having Staff look at the Church property Mounds View City Council May 14, 1984 Regular Meeting Page Five to see if there is adequate parking available. He also advised the City should give the Church time to move ahead, because the property should not be rezoned, just to be undone. Councilmember Hankner recommended tabling the rezoning until the first regular meeting in June, to allow the Church time to take the necessary action. Motion /Second: Hankner /Doty to table until the June 11, 1984 meeting. 5 ayes 0 nays Mayor McCarty closed the regular meeting and opened the next public hearing at 8:24 PM. There was no one present to address the rezoning, so he closed the public hearing and reopened the regular meeting a+ 8:24 PM Motion /Second: Doty /Linke to have the first reading of Ordinance No. 361, amending the Municipal Code of Mounds View by amending Chapter 41 entitled "Specific Rezoning and waive the reading. 5 ayes 0 nays :Mayor McCarty closed the regular meeting and opened the next public hearing at 8:26 PM. Director Thatcher made a presentation, showing the two lots in que9tion, which are identified as wetland. Don Schafenhausen, 2824 Coun.:y Road H2, stated he owns Lot 4, which he has put up for sale, and has been told by the City that nothing could be built in that area. Mayor McCarty explained there are procedures within the wetland ordinance to petition for development. Attorney Meyers advised he could find nothing that would prohibit the rezoning of the property in compliance with the Comp Plan. Clerk /Administrator Pauley explained that if it is rezoned, no buildings would be allowed there without the permission of the City, and the purpose of the downzoning would be to more clearly state that it is untouchable Cor development. Motion Carried 10. Public Hearing: Rezoning of 2740 Highway 10 from B -3 to B -2 11. First Reading of Ordn. No. 361 Motion Carried 12. Public Hearing: Rezoning of 2 Lots North of 7190 Silver Lake Road from R -3 to R -1 Mounds View City Council May 14, 1984 Regular Meeting Page Six ,Mr. Kampel explained that there was an error on the original zoning map, and this rezoning would be correct. Mayor McCarty closed the public hearing and reopened the regular meeting at 8:34 PM. Motion /Second: Doty /Blanchard to have the first read- 13. ing of Ordinance No. 360, amending the Municipal Code of Mounds View by amending Chapter 41 entitled "Specific Rezoning and waive the reading. 5 ayes 0 nays Mayor McCarty closed the regular meeting and opened the next public hearing at 8:35 PM. There was no one present to address the rezoning, so he closed the public hearing and reopened the regular meeting at 8:35 PM. Motion /Second: Linke /Hankner to have the first reading of Ordinance No. 362, amending the Municipal Code of Mounds View by amending Chapter 41 entitled "Specific Rezoning and waive the reading. 5 ayes 0 nays Director Thatcher had no report. Attorney Meyers reviewed the proposal from Trans Plan, Inc. ..o prepare a technical brief on the airport development and recommended the Council authorize they be retained to do sc. Councilmember Hankner asked if anything had been received back from the other companies yet. Clerk /Administrator Pauley replied nothing had, and they had been sent a letter by the City. Attorney Meyers added that he was not sure anyone else had planned on putting a proposal together. Aotion /Second: Doty /Linke to authorize Attorney Meyers to use Trans Plan, Inc. to write the brief. 5 ayes 0 nays First Reading of Ord. No. 360 Carried 14. Public Hearing: Rezoning of So. Corner of Old Highway 8 and Cnty. Rd H from R -2 to CRP 15. First Reading of Ord. No. 362 Motion Carried 16. Report of Director of Pub- lic Works /Comm. Development 17. Report of Attorney Motion Carried Mounds View City Council May 14, 1984 Regular Meeting Page Seven Councilmember Hankner reported she had attended the Task Force meeting, and she found out MAC has an ordinance, No. 51, for Flying Cloud Airport, which keeps certain types of aircraft out of the airport. She added the ordinance is unique to Flying Cloud Airport and asked if Mounds View could request something similar. Mayor McCarty informed the Council that Ordinance #51 had been adopted by MAC in 1979 or 1980 and since then had granted a variance to this regulation to allow a jet start business jet to exceed field restrictions under Ordinance #51. Attorney Meyers replied he had spoken to them about it before, and he would check again. Attorney Meyers presented a proposed resolution, drafted by Grant Merritt, the special counsel for the City, and asked Council approval of the resolution. He pointed out that the resolution specifically states the City of Fridley be asked to join in the effort. There was considerable discussion among the Council regarding the proposed resolution. Councilmember Hankner stated she would prefer writing a letter to Fridley rather than putting it in resolution form. Councilmember Linke questioned why Mr. Merritt would be representing the City at the June 7 meeting, rather than Attorney Meyers. Attorney Meyers replied that while he most likely would be present, the City has retained Mr. Merritt as co- counsel, for the environmental assessment, so he would be making the presentation. Councilmember Hankner stated she would like to meet Mr. Merritt and see his presentation first. Councilmember Linke suggested holding off on the resolution until the Council has had an opportunity to meet with Mr. Merritt, which would allow them time to contact the City of Fridley and discuss things further: Motion /Second: McCarty /Doty to approve the resolution and send to Fridley. 4 ayes 1 nay Motion Carried There was discussion before the vote was taken on the previous motion. Councilmember Hankner voted against the motion, stating y that while the City is paying Mr. Merritt $125 per hour, she would like to meet him and have some questions answered before voting on the resolute n. Councilmember Linke suggested tabling the vote until the May 29 meeting, allowing them time to Mounds View City Council. May 14, 1984 Regular Meeting Page Eight contact the City of Fridley and meet with Mr. Merritt, and still take action before the June 7 meeting. Councilmember Doty stated they must give Fridley time to consider the resolution. Mayor McCarty stated the Council must trust Staff and strike while the iron is hot. Councilmember Linke suggested passing a resolution asking other communities to go along with Mounds View, and leaving out Mr. Merritt's involvement. Attorney Meyers stated it was important to know once and for all if Fridley will be joining in. Motion /Second: McCarty /Blanchard to call for the question. 3 ayes 2 nays Motion Failed Councilmembers Linke and Hankner voted against the motion. Councilmember Linke suggested having two separate motions, one authorizing Mr. Merritt to represent the City on June 7, and the other to go to the other Cities. It was agreed by the Council that they would meet with Mr. Merritt at 6:00 PM on May 29. Attorney Meyers advised he would like to keep the present lawsuit in place, as they may be able to make some progress with the new members of the Met Council. Clerk /Administrator Pauley explained the purpose of the meeting was to review the projects with the residents abutting the project areas, and that all effected parties had been notified in writing. Director Thatcher reviewed the three proposed projects, and introduced Brian Hoffman, who will be Staff's representative at the project sites. Director Thatcher answered several questions from unidentified residents, explaining that the 3' would be taken evenly, that services would not be put underground as they normally go in the boulevard, that parking would be banned at certain times, that wider streets would help increase safety, and that dust complaints would be handled immediately. Director Thatcher reviewed what an MSA project is, and the criteria necessary to be considered an MSA 18. Informational Meeting 1984 MSA Street Project Mounds View City Council May 14, 1984 Regular Meeting Page Nine In response to a resident's inquiry about moving a utility pole, since his lot had been split, Clerk/ Administrator Pauley stated he would contact NSP and see if it could be moved. He also stated that it is Staff's desire that the project runs smoothly, and anyone with any complaints should contact Staff. Councilmember Linke reported he will be attending the 19. Reports of Ramsey County League meeting with Finance Director Councilmembers Brager on May 16, where they will be discussing computer use by Cities. Councilmember Linke reported he would be on vacation from May 18 to May 28. Councilmember Hankner reported she hr.- attended the Task Force meeting and spoken with the members about the Anoka County Airport. Councilmember Blanchard reported she had also attended the Task Force meeting. Councilmember Doty reminded the Council of the luncheon for Sandy Gardebring, the new Chairman of the Met Council, on April 23 at noon, at the Radisson Plymouth. Motion /Second: McCarty /Hankner to send a resolution of congratulations to Sandy Gardebring for her appointment as Chairman of the Met Council. 5 ayes 0 nays Motion Carried Clerk /Administrator Pauley reported he and Mayor 20. Report of McCarty would be attending a Municipal Legislative Clerk/Administra Board Meeting at the Decathelon Club on May 17 at tor 5 PM. Clerk /Administrator Pauley reminded the Council of the Miller bus tour, which would be leavin3 City Hall at 6:30 PM on May 15. He also reported the Millers have asked to bring their tax increment people to the June 4 agenda session. The Council agreed it would be alright for them to come. Clerk /Administrator Pauley reported that tae FAA manual on nirnort Master Plans, which was referred to by Trans Plan, had been copies for the Council, and the other book is on order. Director Thatcher also advised he has a set of plans for the Council on the NSA streets. Mounds View City Council May 14, 1984 Regular Meeting Page Ten Motion /Second: at 9:43 PM. 5 ayes Linke /Doty to adjourn the meeting 0 nays tfully subi_tted, Do kld/F Pau ey Clerk AdminisLratoy 21. Adjournment Motion Carried If you are speaking at this Public Hearing, please sign this sheet. Church Triangle Rezoning Name Address 1 62z 02 711