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HomeMy WebLinkAboutMinutes - 1985/04/227. Approval of Consent Agenda r-TY COUNCIL MEETING CITY OF MOUNDS VIEW APRIL 22, 1985 7 3 0 P.M. A G E N D A 1. Call to Order 2. Pledge of Allegiance 3. Roll Call Quick, Blanchard, Haake, Hankner, Linke 4. Approval of Minutes: April 8, 1985 Regular Meeting 5. Public Hearing: 7:40 p.m. M. H. Anderson for Condi- tional Use Permit for Flood Plain Excavation, a Flood Plain Use Permit and a Minor Subdivision 7:50 p.m. Ordinance No. 388 Amending Chapter 48 of the Mounds View Municipal Code 6. Residents Requests and Comments From The Floor CITIZENS: BEFORE SPEAKING PLEASE GIVE YOUR FULL NAME AND ADDRESS FOR THE MINUTES ITEM A. Approve Kitchen and Storage Addition to the Mermaid Supper Club ITEM B. Approve Plans for Pinewod School Parking Lot ITEM C. Approve Resolution No. 1881 Resolution Authorizing the Reduction of the Water Fund Reserve for Future Maintenance and Capital Improvements ITEM D. Approve Resolution No. 1882 Resolution Designating Retained Earnings of the Water and Sew,,,r Funds as Reserves for Water and Sewer Main Breaks ITEM E. Approve Resolution No. 1883 Designating Retained Earnings of the Sewer Fund as a Reserve for Future Maintenance and Capital Improvement Projects Agenda April 22, 1985 Page Two ITEM F. Approve Resolution No. 1884 Approving Just and Correct Claims Against City Funds ITEM G. Licenses for Approval General Expires 6/30/85 Midwest Fence and Manufacturing Co. Renewal Brovold /Larson Builders, Inc. Renewal Sprinkler Systems Expires 6/30/85 Fairmont Fire Systems New Masonry Expires 6/30/85 Morgan Masonry New Heating and Air Conditioning Expires 6/30/85 Royalton Heating and Cooling Company Renewal 8. Approve M. H. Anderson for Conditional Use Permit for Flood Plain Excavation, a Flood Plain Use Permit and a Minor Subdivision 9. First Reading of Ordinance No. 388 An Ordinance Amending Chapter 48 of the Mounds View Municipal Code Entitled, "Wetland Zoning Ordinance" 10. Second Reading and Adoption of Ordinance No. 385, An Ordinance Amending the Municipal Code of Mounds View by Amending Chapter 70 Entitled, "Municipal Water System" 11. Consideration of Staff Memorandum Regarding Kunz Oil Company Development Review (Gasoline Sales Facility) and Conditional Use Permit for B -3, Highway Business DiF.+ Case 164 -84 12. Appeal of Planning Commission Resolution Regarding M.H. Anderson Construction, Property Involved: (Silver Lake Woods, Block 4, Lots 1 -8) County Road H -2 and Silver Lake Road, Major Subdivision R -2, Single and Two Family Residential Case 165 -85 13. Consideration of Staff Memorandum Regarding Ramsey County Parks and Recreation Department Request to Excavate, Fill and Realign Sections of Rice Creek 14. Consideration of Staff Memorandum Regarding Gale Yost Addition on Laport Drive 15. Consideration of Staff Memorandum Regarding MSA 1985 Street Project Agenda April 22, 1985 Page Three 16. Staff Memo Regarding the Awarding of the Phase I Greenfield Park Contract 17. Consideration of Memorandum Regarding the Hiring of Additional Police Officers (information forthcoming) 18. Consideration of Staff Memorandum Regarding MAC Response to Comments on Scoping Document 19. Consideration of Staff Memorandum Regarding Public Works /Parks Maintenance Reorganizaton 20. Report of Public Works /Community Development 21. Report of Attorney 22. Report of Councilmembers: Quick, Blan ^hard, Haake, Hankner and Linke 23. Report of Administrator 24. Adjournment CONSENT AGENDA APRIL 22, 1985 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, an item can be removed from the Consent Agenda and placed upon the Regular Agenda for debate. ITEM A. Approve Kitchen and Storage Addition to the Mermaid Supper Club ITEM H. Approve Plans for Pinewood School Parking Lot ITEM C. Approve Resolution No. 1881 Resolution Authorizing the Reduction of the Water Fund Reserve for Future Maintenance and Capital Improvements ITEM D. Approve Resolution No. L882 Resolution Designating Retained Earnings of the Water and Sewer Funds as Reserves for Water and Sewer Main Breaks ITEM E. Approve Resolution No. 1883 Designating Retained Earnings of the Sewer Fund as a Reserve for Future Maintenance and Capital Improvement Projects ITEM F. Approve Resolution No. 1884 Approving Just and Correct Claims Against City Funds ITEM G. Licenses for Approval General Expires 6 /30/85 Midwest Fence and Manufacturing Co. Renewal Brovold /Larson Builders, Inc. Renewal Sprinkler Systems Expires 6/30/85 Fairmont Fire Systems New Mason> Expires 6/30/85 Morgan Masonry New Heating and Air Conditioning Expires 6/30/85 Royalton Heating and Cooling Company Renewal PROCEEDINGS OF THE CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA The Mounds View City Council was called to order by 1. Call to Order Mayor Linke at 7:35 PM on April 22, 1985. The Pledge of Allegiance was said. Regular Meeting April 22, 1985 Mounds View City Hall 2401 Hwy. 10, Mounds View, MN 55112 MEMBERS PRESENT: Councilmembers Quick, Blanchard, Haake, Hankner and Mayor Linke. ALSO PRESENT: City Attorney Meyers, Clerk /Administra- tor Pauley and Public Works /Community Development Director Thatcher. Motion /Second: Hankner /Haake to approve the April 8, 1985 minutes as presented. 5 ayes 0 nays Mayor Linke and the Council presented Pamela Rose, the recording secretary, with a plant and thanked her for her years of service to the Council. Jack Lasota, 5467 Quincy Street, asked the status of 5. the request made by his neighbor for a rear yard light on the walkway behind their homes. He added that he personally would like to see it centered between the four lots in question. Director Thatcher replied that no decision has been made yet, and that he had gone to the area at night and found it to be very dark in the middle of the walkway. He added it will be on the Council's May 6 agenda for discussion. Mayor Linke closed the regular meeting and opened the 6. public hearing for M. H. Anderson Construction at 7 :40 PM. Director Thatcher explained what the developer is requesting and gave a brief background of the project. DATE APPROVED: 5/13/85 2. Pledge of Allegiance 3. Roll Call 4. Approval of Minutes: April 8, 1985 Motion Carried Residents Re- quests and Comments from the Floor Public Hearing: M. H. Anderson for Conditional Use Permit Mounds View City Council April 22, 1985 Regular Meeting Page Two There were no questions or comments from those present, so Mayor Linke closed the public hearing and reopened the regular meeting at 7:44 PM. Councilmember Hankner asked that Items A, B, C, D and 7. Approval of E be removed for discussion, as the Council had not Consent Agenda had an opportunity to go over them yet. Motion /Second: Blanchard /Quick to approve Items F and G of the consent agenda, and waive the reading of the resolutions. 5 ayes 0 nays Director Thatcher explained the request from the Mermaid Supper Club for a kitchen and storage addition He stated the Planning Commission has reviewed it and recommends approval. He also noted there will still be ample parking spaces. Councilmember Hankner questioned why the request was reviewed informally by the Planning Commission at an agenda session, and stated she was concerned with having documentation from the Planning Commission. Director Thatcher explained the Planning Commission had reviewed the request informally and they did not wish Staff to prepare a formal report, due to the smallness of the project. Councilmember Haake stated that from her experience on the Planning Commission, it is basically a courtesy to have them review something like this, as no variance is needed. Mayor Linke questioned if Council approval was even necessary in a case like this. Clerk /Administrator Pauley recommended the Council set parameters. Attorney Meyers clarified it has been the policy to have commercial developments reviewed by the Council, even though no variance is required. Motion /Second: Haake Hankner to approve the kitchen and storage addition to the Mermaid Supper Club, contingent upon approval from the Rice Creek Watershed District. 5 ayes Motion Carried 0 nays Motion Carried Mayor Linke closed the regular meeting and opened the 6B. Public Hearing: second public hearing at 7:55 PM. Ordinance No. 388 Mounds View City Council April 22, 1985 Regular Meeting Page Three Director Thtacher reivewed proposed Ordinance No. 388, amending Chapter 48 of the municipal code. There were no questions or comments from those present, so Mayor Linke closed the public hearing and reopened the regular meeting at 7:56 PM. Director Thatcher reviewed the proposed parking lot 7. Consent Agenda plan for the Pinewood School parking lot. He explained (Cont.) the Planning Commission had been concerned with saving the trees, and explained the costs associated with the project. Councilmember Hankner again asked for complete information from the Planning Commission, before having the Council take action. Motion /Second: Quick /Hankner to approve the plans for the Pinewood School parking lot as presented. 5 ayes 0 nays Clerk /Administrator Pauley reviewed the history of proposed Resolution No. 1881. Motion /Second: Hankner /Blanchard to approve Resolution No. 1881, authorizing the reduction of the water fund reserve for future maintenance and capital improvements, and waive the reading. 5 ayes 0 nays Clerk /Administrator Pauley reviewed the history of proposed Resolution No. 1882. Motion /Second: Blanchard /Quick to approve Resolution No. 1882, designating retained earnings of the water and sewer funds as r_c- serves for water and sewer main breaks, and waive the reading. 5 ayes 0 nays Clerk /Administrator Pauley reviewed the history of proposed Resolution No. 1883. Motion /Second: Haake /Hankner to approve Resolution No. 1883, designating retained earnings of the sewer fund as a reserve for future maintenance and capital improve- ment projects, and waive the reading. 5 ..es Motion Carried Motion Carried Motion Carried 0 nays Motion Carried Mounds View City Council April 22, 1985 Regular Meeting Page Four Motion /Second: Haake /Hankner to approve the con- 8. Approval of ditional use permit for M. H. Anderson for flood M. H. Anderson plain excavation, a flood plain use permit and a Conditional Use minor subdivision, contingent upon approval from Permit the Rice Creek Watershed District. 5 ayes 0 nays Motion /Second: Quick /Blanchard to have the first 9. 1st Reading of reading of Ordinance No. 388, an ordinance amending Ordinance No. Chapter 48 of the Mounds View Municipal Code 388 entitled "Wetland Zoning Ordinance" and waive the reading. 5 ayes 0 nays Councilmember Quick explained his reason for the motion is the original designation of the area is in error. Motion /Second: Hankner /Quick to have the second reading and adoption of Ordinance No. 385, an ordinance amending the Municipal Code of Mounds View by amending Chapter 70 entitled "Municipal Water System" and waive the reading. Councilmember Councilmember Councilmember Councilmember Mayor Linke Quick aye Blanchard aye Haake aye Hankner aye aye Dick Kraft, of Kunz Oil Company, explained the Planning Commission had approved their latest plan, and they have made the landscaping changes requested by the Planning Commission, and have done everything else they were asked to. He explained they would be removing the existing building and replace it with a modern facility. They will also be reducing their hours, from being open 24 hours a day, to being open from 6 AM to 10 PM. Attorney Meyers reminded the Council they presently have a case before the court involving the City of Mounds View and Greg Johnson, and the issue of the Comp Plan will be resolved by the trial court. He explained the City has argued the property abutts a busy highway and the property should ultimately be developed medium density resident4•sl. He added that inconsistency has been found to be an adequate reason for denial. Councilmember Hankner stated they had earlier 10. 2nd Reading and Adoption of Ordinance No. 385 11. Kunz Oil Development Review Motion Carried Motion Carried Motion Carried Mounds View City Council April 22, 1985 Regular Meeting Page Five decided it was time to review this area and had discussed hiring an independent planning consultant and she would like to see the Planning Commission use a different planner, to get a new perspective of the issue. The Council discussed tabling the item until they have had further opportunity to review it. Mayor Linke asked if a three week delay, to the next agenda session, would hurt the developer. Mr. Kraft replied it would push construction back even later, and he has spent over $10,000 already on the site plans, and has met with the Planning Commission four times and revised the plans each time based on direction from the Planning Commission. Attorney Meyers pointed out the problem is the area is inconsistent with the Comp Plan, and if they deny this request, he feels it would end up in litigation, yet if they approve it, they will hear about it in court on the Johnson case. Councilmember Hankner stated she did not feel the City should tell a business what their hours of operation can be, as she didn't believe the City had done it before with any other business, and she reco im nded discussing the whole development further. Motion /`,cond: Hankner /Haake to table the Kunz Oil Company development reveiw and conditional use permit until the next agenda session on May 6, 1985. 5 ayes 0 nays Director Thatcher reviewed the applicants request to subdivide the R -2 property, consisting of 16 dwelling units to R -1, with 14 single family dwell- ing units, which has been denied by the Planning Commission. Fred Haas, of M. H. Anderson Construction, explained that in 1981 they went before the Planning Commission and City Council with a PUD, and they have not been able to find buyers for the doubt: homes in the past two years, so would like to change and put in single family homes. He stated the vehicle to be used would be decreasing the density from 16 units down to 14. Arlan Grueling, representing M. H. Anderson Construc- tion, explained he had been with the City of Bloomington when M. H. Anderson had gone before them for similar changes in their Bloomington project, and he explained Motion Carried 12. Appeal of Planning Comm. Resolution Regarding M. H. Anderson Mounds View City Council April 22, 1985 Regular Meeting Page Six the rational used by the City of Bloomington in granting the change and variance required for lot sizes. Mr. Haas presented sketches of the proposed lay- out of the homes, as well as pictures of the homes they built in Bloomington and the layout of the Bloomington area. He explained that each lot would have 50' of frontage at the building line. He also added that the current residents of the Mounds View development have expressed concern in having double family homes built there, as they feel it would detract from their homes. He also stated they would be able to lower the cost of each home by approximately $5,000 if granted the smaller lot sizes. Director Thatcher stated the developer has not taken the density bonus on the lots in question. Attorney Meyers reviewed the list of reasons for granting variances and stated they could amend the PUD. Mr. Grueling explained that when Bloomington approved the plan, they averaged all the lots together, to come up with the sizes. Clerk /Administrator Pauley reviewed the options available to the Council and stated that Staff recommends they reject the appeal and send the developer back to the Planning Commission to amend the PUD. Motion /Second: Blanchard /Quick to deny the appeal of Resolution No. 129 -85, regarding M. H. Anderson Construction. 5 ayes 0 nays ?lotion Carried Councilmember Blanchard stated her reason for the denial was the same as the Planning Commissions, to uphold the zoning code. The Council reviewed the requirements that would have to be met by the developer, of 3 acres, 200' frontage and a ten percent density bonus. Motion /Second: Quick /Haake to refer back to the Planning Commission Case t(,� -g� for M. H. Anderson Construction, with the recommendation that they amend the PUD with the ten percent density bonus, to be considered at the next Planning Commission meeting. 5 ayes 0 nays Motion Carried Mounds View City Council April 22, 1985 Regular Meeting Page Seven The Council stated that based on their calculations, the developer could possibly get 12 if not 13 lots with the density bonus. Director Thatcher reviewed the Planning Ctimmissions Resolution No. 128 -85. Park Director Anderson explained the project is planned for 1990. Councilmember Hankner expressed concern about approving the project now and locking a future Council into it. She also recommended adding the approval of the Ramsey County Highway Department to the resolution. Motion /Second: Haake /Blanchard to approve the pro- posal for the Ramsey County Park and Recreation Department dated March 6, 1985 to construct a trail along the south side of Rice Creek, with the addition of #6, that it be contingent upon approval of the Ramsey County Public Works Department. 5 ayes 0 nays 13. Ramsey County Park and Rec Departments Request Regarding,, Rice Creek Motion Carried Director Thatcher reviewed the plans for the propos- 14. Consideration of ed project. He explained a walkway is not planned Gale -Yost Addn. at this time but could be added, and would cost the on Laport Drive City approximately $1,500. Clerk /Administrator Pauley stated the funds would have to come from the contingency fund. He suggested making an amendment to the proposed resolution and having Staff report back on the source of the funds. He pointed out also that there could likely be a request for a fence on both sides of the walkway, and lighting, which would increase the cost. Councilmember Hankner sugges`ed that rather than including it as part of the development now, it might be better to wait until the budget process for the next year. Mayor Linke replied it would be more expensive to come back later to do the work. Motion /Second: Quick /Haake to approve the plans and specifications for the Gale -Yost addition as presented, with the addition of a paved walkway from the north end of the cul -de -sac to Ardan Avenue, and placement of a light at the pole located half way between Ardan and Laport, dependent upon approval of the residents, and direct Staff to schedule a bid opening date, identify the source of funds and secure approvals from the Minnesota Pollution Control Agency, Metropolitan Waste Control Commission and the Minnesota Department of Health. 5 ayes 0 nays Motion Carried Mounds View City Council April 22, 1985 Regular Meeting Page Eight Director Thatcher reviewed the bids received, and reported the low bidder is responsible. Motion /Second: Hankner /Haake to award the contract to H S Asphalt Company for the MSA project 1985, in an amount not to exceed $362,232.00. 5 ayes 0 nays Park Director Anderson reviewed the bids received for Phase I of Greenfield Park and reported that Midwest Asphalt Company is the low responsible bidder. He explained their bid brings the project to approximately $40,000 below the total projected cost. Motion /Second: Haake /Blanchard to award the low bid for work on Greenfield park, not to exceed $123,500, to Midwest Asphalt Company for Phase I development of Greenfield Park. 5 ayes 0 nays Clerk /Administrator Paulay reported the Civil Service Commission has recommended three names to the Council for their consideration in hiring two police officers. Mayor Linke stated he has a difficult time hiring police officers without having any background information about them, and the Police Civil Service Commission has decided they do not feel it is necessary for the Council to have any information on the candidates. He pointed out the Council has much more information on hiring clerical personnel that it does on hiring a police officer. Clerk /Administrator Pauley pointed out the urgency in making a decision as quickly as possible as Duane Hagen will be retiring the end of the month and they would like his replacement to start on May 1st, and the second to start shortly afterwards. He added that the second officer has been authorized and is budgeted for. He also pointed out the Police Department would be severely understaffed without these two new officers. Mayor Linke stated he would vote on hiring two officers only because of the shortage problems but in the future he does not want to be put into the same situation of having to hire someone without knowing anything about them. He added he had sent a letter to the Civil Service Commission asking them to explain the situation to the Council, but he has not heard back from them. 15. Consideration of Staff Memo Regarding MSA 1985 Street Project Motion Carried 16. Awarding of Phase I Green- field Park Contract Motion Carried 17. Hiring of Additional Police Officers Mounds View City Council April 22, 1985 Regular Meeting Page Nine Motion /Second: Linke /Blanchard to hire Robert Nelson and Margaret Wolverton, with Mr. Nelson to start on or about May 1st and Ms. Wolverton to start on or about May 3rd, with a probationary period of one year, and the starting salary and benefits per the local union agreement. 4 ayes 1 nay Councilmember Hankner voted against the motion, explaining that there is a certain responsibility by the commission members to report their findings to the Council, and the Council is ultimately responsible to the citizens, and due to lack of information, she was not able to vote in favor of the hirings. Councilmember Quick expressed displeasure at the time element involved and the urgency needed in the hirings and stated he voted at this time only because of the health, welfare and safety of the community. He stated he also feels there is a serious lack of information provided to the Council by the Police Civil Service Commission. Councilmember Blanchard recommended the Council and Civil Service Commission get together at an agenda session and go over the problems. Clerk /Administra- tor Pauley stated he would make the arrangements. Clerk /Administrator Pauley reviewed the MAC's response to comments on the scoping document. He recommended they monitor the EIS process and wait to see what MAC does. Clerk /Administrator Pauley reviewed his memo April 10, 1985 to the Council regarding the Public Works /Park Maintenance reorganization Motion /Second: Hankner /Haake to approve the Public Works /Park Maintenance reorganization as per the April 10, 1985 memo. 5 ayes 0 nays Director Thatches had no report. Motion Carried 18. Staff Memo Regarding MAC Response to Comments on Sceping Document of 19. Staff Memo Regarding Public Works /Parks Maintenance Reorganization Motion Carried 20. Report of Public Works /Community Development Director Mounds View City Council April 22, 1985 Regular Meeting Page Ten Attorney Meyers reported he had received data from Mr. Perex relative to the noise control questions at the airport. Mr. Perez will be commencing his monitoring program soon. Councilmember Quick had no report. Councilmember Blanchard had no report. Councilmember Haake had no report. Councilmember Hankner had no report. Mayor Linke reviewed meetings he had attended recently. He also reported on the winners at the Future Problem Solving Minnesota State Bowl, which included many local students. Motion /Second: Linke /Hankner to adopt Resolution No. 1885, congratulating the three local winning teams and directing Staff to prepare the resolution for signature. 5 ayes 0 nays Clerk /Administrator Pauley reported he had received 23. a call from the Association of Metropolitan Municipalities and they have agreed in concept on the position the City has taken regarding the Highway 10 Radiator Shop. Due to financial constraints, the League 'f Cities will be filing an amecus brief. Clerk /Administrator Pauley reported the State legislature is considering legislation prohibiting non profit organizations from selling gambling items in conjunction with liquor, and Attorney Meyers is recommending holding off on this until the Legislature takes action. Clerk /Administrator Pauley reminded the Council of the May 4 goal setting session, and the May 11 Clean -Up Day. Motion /Second: Blanchard /Hankner to adjourn the 24. Adjournment meeting at 10:25 PM. 5 ayes 0 nays ctfully.,subm'.ted, Do F. Pauley Clerk /Administra 21. Report of Attorney 22. Reports of Councilmembers Motion Carried Report of Clerk /Admini- strator Motion Carried