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HomeMy WebLinkAboutMinutes - 1985/08/265. Public Hearing: CITY COUNCIL MEETING CITY OF MOUNDS VIEW AUGUST 26, 1985 7:30 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: August 12, 1985 Regular Meeting 7:40 p.m. Minor Subdivision and Conditional Use Permit for Self Service Car Wash at 2320 Highway 10 (info rec'd in 8 -12 -85 packet) 7:45 p.m. Conditional Use Permit for Superamerica Station for Southwest Corner of Trunk Highway 10 and County Road I (info rec'd in 8 -12 -85 packet) 7:50 p.m. Rezoning of Property from B -2 to B -3 for Bonanza Restaurant at Corner of County Road I and Mounds View Drive (info rec'd in 8 -12 -85 packet) 7:55 p.m. Minor Subdivision for Donald Kelley (8101 Long Long Lake Road) (info rec'd in 8 -12 -85 packet) 6. Residents Requests and Comments From The Floor CITIZENS: BEFORE SPEAKING PLEASE GIVE YOUR FULL NAME AND ADDRESS FOR THE MINUTES AGENDA AUGUST 26, 1985 PAGE TWO 7. Approval of Consent Agenda ITEM A. Reschedule September 2, 1985 Agenda Session to September 3, 1985 ITEM B. Schedule 1986 General Forestry, Debt Service, Water Utility and Sewer Utility Funds Operating Budgets for 7:40 p.m. on September 23, 1985 ITEM C. Approve Proposal from Solidification, Inc. in the Amount of $10,689 to Vapor Root Treatment 16,816 1.f. of Sanitary Sewer Line and Seal 37 Defective Service Line Joints ITEM F. Approve Resolution No. 1918 Approving Just and Correct Claims Against City Funds ITEM G. Licenses for Approval General Expires 6/30/86 Niwinski Construction, Inc. New Heating Air Conditioning 6/30/86 Geothermal Heating Air Conditioning New St. Marie Sheet Metal Renewal T. G. S. Mechanical New ITEM D. Approve Proposal from Shenehon Goodlund- Taylor, Inc. to Perform an Appraisal of the Herbst Property for Park Dedication Fee Purposes at a Cost Not to Exceed $2,000 ITEM E. Set Public Hearing for Monday, September 23, 1985 at 7:10 p.m. for Major Subdivision (2 lots into 4 lots) and Conditional Use Permit for a 400 sq. ft. Accessory Building for 8085 Woodlawn Drive Asphalt Expires 6/30/86 Bituminous Consulting Contracting Co., Inc. Renewal 8. Second Reading and Adoption of Ordinance No. 398 An Ordinance Amending the Municipal Code of Mounds View By Amending Chapter 41 Entitled, "Specific Rezonings" 9. Consideration of Resolution No. 1919 Regarding The Minor Subdivision and Conditional Use Permit for Self Service Car Wash at 2320 Highway 10 AGENDA AUGUST 26, 1985 PAGE THREE 10. Consideration of Resolution No. 1921 Regarding Conditional Use Permit for Super America for Southwest Corner of Highway 10 and County Road I 11. Consideration of Resolution No. 1920 Donald Kelley Minor Subdivision (8101 Long Lake Road) 12. Consideration of Staff Memorandum Regarding August 26, 1985 Bid Opening for Gale /Yost Addition on Laport Drive (information to be received Monday, August 26) 13. Consideration of Staff Memorandum Regarding Request for Leave of Absence for Julie Glines, Part -Time Accounting Clerk 14. Consideration of Staff Memorandum Regarding Community Development Block Grant Joint Cooperation Agreement 15. Consideration of Staff Memorandum Regarding Data Processing System Request for Proposal 16. Consideration of Staff Memorandum Regarding Maintenance Agreement for Microfilm Reader /Printer 17. Report of Public Works /Community Development Director 18. Report of Attorney 19. Report of Concilmembers: Quick, Blanchard, Haake, Hankner, Linke 20. Report of Administrator 21. Adjournment CONSENT AGENDA AUGUST 26, 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. Reschedule September 2, 1985 Agenda Session to September 3, 1985 ITEM B. Schedule 1986 General Forestry, Debt Service, Water Utility and Sewer Utility Funds Operating Budgets for 7:40 p.m. on September 23, 1985 ITEM C. Approve Proposal from Solidification, Inc. in the Amount of $10,689 to Vapor Root Treatment 16,816 1.f. of Sanitary Sewer Line and Seal 37 Defective Service Line Joints ITEM D. Approve Proposal from Shenehon- Goodlund- Taylor, Inc. to Perform an Appraisal of the Herbst Property for Park Dedication Fee Purposes at a Cost Not to Exceed $2,000 ITEM E. Set Public Hearing for Monday, September 23, 1985 at. 7:10 p.m. for Major Subdivision (2 lots into lots) and Conditional Use Permit for a 400 si. ft. Accessory Building for 8085 Woodlawn Drive ITEM F. Approve Resolution No. 1918 Approving Just and Correct Claims Against City Funds ITEM G. Licenses for Approval General Expires 6/30/86 Niwinski Construction, Inc. New Asphalt Expires 6/30/86 Bituminous Consulting Contracting Co., Inc. Renewal Heating Air Conditioning 6/30/86 Geothermal Heating Air Conditioning New St. Marie Sheet Metal Renewal T. G. S. Mechanical New CONSENT AGENDA PAGE TWO ITEM J. Set Public Hearing for Monday, August 26, 1985 at 7:50 p.m. for Rezoning from B -2 to B -3 Property Located at Southeast Corner of County Road I and Mounds View Drive for a Bonanza Restaurant ITEM K. Set Public Hearing for Monday, August 26, 1985 at 7:55 p.m. for Donald Kelley Minor Subdivision (8101 Long Lake Road) ITEM L. Resolution No. 1913 Approving Just and Correct Claims Against City Funds ITEM M. License for Approval Agendas and Minutes Expires 8/31/86 Paster Enterprises Renewal Kennels Expires 8/31/86 Sham -O -Jet Kennels Renewal General Expires 6/30/86 Martin Homes, Inc. New Minnesota Exteriors Renewal Sewer and Water Expires 6/30/86 American Contracting Corporation New The Pledge of Allegiance was said. 4 ayes 5 ayes 0 nays 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 7:30 PM on August 26, 1985. MEMBERS PRESENT: Councilmembers Quick, Blanchard, Haake, Hankner and Mayor Linke. ALSO PRESENT: City Attorney Meyers, Clerk /Admini- strator Pauley and Public Works /Community Development Director Thatcher. Motion /Second: Blanchard /Quick to approve the August 12, 1985 minutes as presented. 0 nays 1 abstention Councilmember Hankner abstained from the vote as she had not been present at the August 12 meeting. There were no residents requests or comments from the floor. Motion /Second: Hankner /Haake to approve the consent agenda, as presented, and waive the reading of the resolutions. Clerk /Administrator Pauley reviewed proposed Ordinance No. 398. Motion /Second: Quick /Haake to have the second reading and adoption of Ordinance No. 398, amending the munici- pal code of Mounds View by amending Chapter 41, and waive the reading. Councilmember Quick aye Councilmember Blanchard aye Councilmember Haake aye Councilmember Hankner aye Mayor Linke aye DATE APPROVED: 9/9 /85 Regular Meeting August 26, 1985 Mounds View City Hall 2401 Hwy. 10, Mounds View, MN 55112 2. Pledge of Allegiance 3. Roll Call 4. Approval of Minutes: August 12, 1985 Motion Carried 5. Residents Re- quests and Comments from Flr 6. Approval of Consent Agenda Motion Carried 7. 2nd Reading and Adoption of Ordinance No. 398 Motion Carried Mounds View City Council Regular Meeting Clerk /Administrator Pauley re' _owed the memo of August 22 regarding the leave of absence requested by Julie Glines. Motion /Second: Hankner /Quick to approve the leave of absence for Julie Glines and authorize Staff to advertise for a temporary, part -time accounting clerk. 5 ayes 0 nays Clerk /Administrator Pauley reviewed the proposed community development block grant joint cooperation agreement. He stated that he and Attorney Meyers have reviewed it and recommend approval. Attorney Meyers reviewed some of the provisions which have been added at the City's request. Motion /Second: Haake /Hankner to approve Resolution No. 1912, approving the joint cooperation agreement between Ramsey County and the City of Mounds View for the Community Development Block Grant Program, and waive the reading. 5 ayes 0 nays Clerk /Administrator Pauley reviewed Staff's memo regarding the data processing system request for a proposal, and stated they would like to advertise for bids to be opened October 1, 1985. Motion /Second: Haake /Blanchard to approve the data processing system request for a proposal and autho- rize Staff to advertise for bids. 5 ayes 0 nays Mayor Linke closed the regular meeting and opened the first public hearing at 7:42 PM. Wayne Brunn, representing the applicant, Ronald Richardson, reviewed the plans for the proposed self service car wash. He answered questions regarding landscaping and the retention pond, stating that all water used in the operation of the car wash will be going directly into the sewer system, and not out on the grounds of the car wash. Director Thatcher reported the Planning Commission had recommended approval of the proposal, and had recommended a public hearing be held. August 26, 1985 Page Two 8. Consideration of Request for Leave of Absence Motion Carried 9. Consideration of Memo Regarding Community Dvlpt. Block Grant Joint Cooperation Agreement Motion Carried 10. Consideration of Memo Regarding Data Processing System Request Motion Carried 11. P,blic Hearing: Car Wash at 2320 Highway 10 CUP Mounds View City Council August 26, 1985 Regular Meeting Page Three Councilmember Hankner asked if the Planning Commission had discussed contacting the residents at the time the plan was first discussed, rather than at this time. Director Thatcher replied they have had a problem getting a quorum during the summer. Stan Sirwa, 5279 O'Connell Drive, asked why the residents were not notified at the beginning, and what would be required to stop this now. Mayor Linke replied that the Council is soliciting their input at this time, and this is the first time it has been formally presented to the Council. Director Thatcher explained the City installed a sign on the property, stating that it was under development consideration, and they mailed notices to the residents. He added the Code does not require a public hearing, yet the City is doing this as a courtesy to the residents. He added the Council has not made up their minds yet on what they will be doing, and they are soliciting comments at this time. Mr. Brunn explained the hours of operation will be 7 AM to 10 PM, with an attendent on duty at all times. Don Zappa, 5249 Jeffrey Drive, stated he was concerned about garbage being left outside. Mr. Sirwa stated he was concerned with garbage blowing across the street and into his yard, and the smell the water might have if it sits on the ground. Mr. Brunn explained the storm sewer will be for surface runoff only, and the sanitary sewer will bF for the car wash itself and water will not be able to go directly to the street or anywhere but the sewer system. Jim Hass, 5240 Jeffrey Drive, stated he does not have enough water pressure in his home now and was concerned he would have less with a car wash there. Director Thatcher reported there is very good water pressure in that area, but he will have someone on Staff check into it. Mr. Sirwa stated he also has a problem with his water pressure. James Jackson, 5299 O'Connell, stated he also has a problem with his water pressure, and he also is concerned with who will maintain the berm, stating he would prefer a solid fence. Councilmember Hankner explained those concerns could be covered in the development agreement. Mounds View City Council August 26, 1985 Regular Meeting Page Four Russ Rudd, 5289 O'Connell Drive, stated he would like a well maintained fence along the proper_Y, on all sides. He added he would not object to the business if it is maintained properly. Gina Hass, 5240 Jeffrey Drive, stated there is already a noise problem in the neighborhood due to their location by Highway 10 and other businesses in the area and she does not want additional traffic or noise. Mike Rich, representing the owner of the property, stated they have followed all the proper procedures, and the Planning Commission has reviewed it and the property is properly zoned. He added the concerns noted will be taken care of. Councilmember Hankner asked if a fence would pose any problem as far as drainage was concerned. Director Thatcher replied it would not. The Planning Commission has recommended going with a berm rather than a fence, but the Council can make their own decision. Mayor Linke noted the public hearing was not required by the Code, but the Planning Commission and City Council felt they should get the residents input. Mrs. Brandon, no address given, stated she also has a problem with her water pressure. Mr. Rich pointed out that those who have a problem with their water pressure, it is because of the size service they have going into their homes. Mayor Linke closed the public hearing and reopened the regular meeting at 8:10 PM. Motion /Second: Blanchard /Quick to table action on this 12. item for two weeks, so the engineer can inspect the area and check the water pressure problems. 5 ayes 0 nays Mayor Linke closed the regular meeting and opened the next public hearing at 8:15 PM. Bill Lais, representing Super America, stated they were requesting action on the conditional use permit for Super America. He added they have agreed to all the conditions the Planning Commission has recommended. Consideration of Resolution No. 1919 Motion Carried 13. Public Hearing: Super America at Highway 10 and County Rd I Mounds View City Council August 26, 1985 Regular Meeting Page Five Tor Wistrom, representing Kraus Anderson, reviewed the street light proposal and placement of the lights. He added they have authorized NSP to go ahead and install the street lights, and they hope to begin work later this week. Bob Wagner, 2590 Mounds View Drive, asked what the street lighting would consist of. Mr. Wistrom showed the plan for the lights and their placement. Director Thatcher explained two lights have been in place since 1982, but NSP would not turn them on until the property was developed. Joe Mesanz, 2626 Lake Court Drive, asked the status of the rezoning. Mayor Linke explained it had been approved with the securJ reading and adoption earlier in the evening. Councilmember Hankner explained some of the history of the property, with the owner attempting to sell it and finding a buyer in Super America. She explained the developer is very willing to work with the City, and the only reason rezoning was necessary was for the installation of the gas pumps. She also pointed out that Super America has agreed that if in the future the gas pumps are no longer being used, they will be removed, along with the tanks. She added that as members of the Council, they must be very careful about the decisions they make. Mayor Linke closed the public hearing and reopened the regular meeting at 8:29 PM. Attorney Meyers advised the Council to base their 14. Consideration findings on section 40.25, Subd. C, (2), which of Resolution includes that the use will not create an excessive No. 1921 burden on existing parks, schools, streets and other public facilities and utilities which serve or are proposed to serve the area, that the use will be sufficiently compatible or separated by distance or screening from adjacent residentially zoned or used land so that existing homes will not be depreciated in value and there will be no deterrance to develop- ment of vacant land, that the structure and site shall have an appearance that will not have an adverse effect upon adjacent residential properties, that the use, in the opinion of the City Council, is reasonably related to the overall needs of the City and to the existing land use, that the use is consistent with the purposes of the Zoning Code and the purposes Mounds View City Council August 26, 1985 Regular Meeting Page Six of the zoning district in which the applicant intends to locate the proposed use, that the use is not in conflict with the Comprehensive Plan of the City, that the use will not cause traffic hazards or congestion and that adequate utilities, access roads, drainage and necessary facilities have been or will be provided. Attorney Meyers also advised that a 4/5 vote would be required. Director Thatcher expressed concern in tying in the berming and joint driveway with Bonanza Restaurant, who was the next scheduled public hearing, but who was not present. He explained some modifications would be required to the parking p] and the berm- ing would have to be shifted in order to properly buffer the residents from the businesses. He stated he understands Super America and Bonanza are willing to work together. He also explained there are some questions yet on the right turn lane onto Highway 10, and the highway department will be getting back to him this week regarding the signal modifications. Mr. Wistrom stated he felt the two pieces of property should stand on their own two legs and be dealt with separately. He stated they must consider that Bonanza may decide not to go ahead, but they are more than willing to work with them. Mayor Linke stated he felt the two properties should be dealt with separately. Motion /Second: Quick /Blanchard to table until the problems can be worked out with the berming between Bonanza Restaurant and Super America. 2 ayes 3 nays Motion Failed Councilm.embers Hankner, Haake and Mayor Linke voted against the motion, stating they felt the two developments should be dealt with separately. Motion /Second: Hankner /Haake to approve Resolution No. 1921 for the conditional use permit for Super America at the southwest corner of County Road I and Highway 10, noting the findings as stated by Attorney Meyers, contingent upon a letter of agreement between Super America and Bonanza on the common development issues and MnDOT signal light approval and the agreement of Super America to contribute up to $10,000 in value of services and /or cash for the construction of the right turn lane from County Road I to east bound Highway 10, and signalization as required by MnDOT, and waive the reading. Mounds View City Council August 26, 1985 Regular Meeting Page Seven Councilmember Quick aye Councilmember Blanchard nay Councilmember Haake aye Councilmember Hankner aye Mayor Linke aye There was considerable discussion before the vote was taken regarding considering the developments separately and Super America. and Bonanza working together, and the amount Super America was willing to spend on the right turn lane and signalization. Mr. Wistrom recommended getting together with Clerk/ Administrator Pauley and Director Thatcher to work on the details and the cost to be covered. Mr. Hartmann stated Super America is willing to con- tribute up to $10,000 toward the project and they would prefer to do the site work themselves. Mayor Linke pointed out the citizens main concern had been traffic on Mounds View Drive, and the studies done have indicated that it will not be a problem or have an adverse affect on their neighborhood. Mayor Linke closed the regular meeting and opened the next public hearing at 8:49 PM. Clerk /Administrator Pauley recommended continuing the hearing to 7:15 PM on September 9, as no one was present from Bonanza Restaurant. Motion /Second: Linke /Hankner to continue this item until September 9, 1985 at 7:15 PM. 5 ayes 0 nays Mayor Linke closed the public hearing and reopened the regular meeting at 8:50 PM. Mayor Linke closed the regular meeting and opened the next public hearing at 8:50 PM. Director Thatcher reviewed the request of Donald Kelley for a minor subdivision at 8101 Long Lake Road. He stated that the applicant meets all requirements. Mayor Linke closed the public hearing and reopened the regular meeting at 8:51 PM. Motion Carried 15. Public Hearing: Rezoning of Property at County Rd I and Mounds View Dr. Motion Carried 16. Public Hearing: Minor Subdivision at 8101 Long Lake Road Mounds View City Council August 26, 1985 Regular Meeting Page Eight Motion /Second: Blanchard /Quick to approve Resolution No. 1920, approving the minor subdivision request for Donald Kelley at 8101 Long Lake Road, and waive the reading. 5 ayes 0 nays Motion Carried Director Thatcher explained bids had been opened 17. Consideration earlier in the day for the improvements for the of Staff Memo Gale /Yost addition, but they had been very comparable Regarding to the bids received the first time, which were Gale /Yost rejected. He added that City Staff has made a Addition proposal of $41,000, plus the engineering costs and anticipated permit costs, which total approximately $9,000. Attorney Meyers advised the Council to consider the ramifications of having City Staff do this project. He stated he would be very reluctant to have Staff involved in something of this nature, and cited recent court Findings where Cities were found to be liable for the advice given by their employees. Director Thatcher explained that the Council did direct Staff to design this project. Councilmember Hankner expressed concern with the liability involved for the City. She also pointed out the City has not done this for other developers before. Councilmember Blanchard stated she was very opposed to having the City engineer do this. She stated bids have been solicited twice, and the City should either go with the low one received, or reject all bids. Councilmember Haake suggested waiting until next year, if it was agreeable to the property owners, as this year is very busy for the construction companies and next year if it is slower, bids could be much lower. Mayor Linke reviewed the history of the area and the problems the neighbors have had there. Clerk /Administrator Pauley advised that the Gale's and Yost's had petitioned for the public improvements and the City had advertised for the bids, and if tine City approves the low bid, they could refuse to pay if they do not want to go ahead with the improvements. He added the Council could reject the bids and order a fence installed. Mounds View City Council August 26, 1985 Regular Meeting Page Nine Ken Sjodin, representing the Gale's and Yost's, stated that John Johnson had given them an estimate of $38,000, and they proceeded based on that estimate. He stated he would have to check with his clients to see how they would like to proceed. Motion /Second: Hankner /Haake to table action on this item until September 9, 1985. 5 ayes 0 nays Clerk /Administrator Pauley reported this item had been 18. placed on the agenda in error and would be on the September 3, 1985 agenda instead. Director Thatcher asked for approval of Resolution No. 19. 1922, in appreciation to Josey Warren for her service on the Planning Commission. Motion /Second: Linke /Blanchard to approve Resolution No. 1922, in appreciation to Josey Warren for her service to the Planning Commission, and waive the reading. 5 ayes 0 nays Attorney Meyers had no report. Councilmember Quick had no report. 21. Councilmember Blanchard reported she had attended the performance of "Oklahoma" by the Mounds View Community Theater and found it very good. Councilmember Haake had no report. Councilmember Hankner had no report. Mayor Linke reported he had also attended the performance of "Oklahoma" and enjoyed it also. Mayor Linke reported he had received a letter from William Wilson, a Councilmember with the City of St. Paul, asking for the City to work with them against NSP and their request for electric rate increases. He asked that Staff look into it and make a presentation at the next agenda session. Motion Carried Staff Memo Regarding Micro- film Reader/ Printer Report of Public Works /Community Dvlpt. Director Motion Carried 20. Report of Attorney Reports of Councilmembers Mounds View City Council August 26, 1985 Regular Meeting Page Ten Clerk /Administrator Pauley presented the Council with 22. Report of copies of the new booklet which will be presented to Clerk /Admin stra new residents and businesses, giving information on tor Mounds View. Clerk /Administrator Pauley reported that Electrical Equipment Service Corporation, who is presently based in Fridley, will be building their new facility on the last vacant lot in the Mounds View Industrial Park. Clerk /Administrator Pauley updated the Council on the status of the request for a four -way stop sign at Red Oak Drive and Arden Avenue. He reported it had been denied by the County Committee, but they are making the recommendation to turn it back to the City. He added Director Thatcher will present the Council with a report on the condition of the road at their next agenda session, and the item will be before the County Board at their September 9 meeting, at which time he will convey the Council's thoughts. He added he will be requesting the County bring it up to an acceptable level before turning it over to the City. Clerk /Administrator Pauley reported he had met with the administrators /managers from Blaine and Spring Lake Park relative to the fire department, and they are also skeptical on the figures provided by the fire department, and they will be requesting that funding be provided by the three cities to update and investigate the figures. He also reported on discussions regarding fire protection services at the Anoka County Airport, and how it is being billed. Clerk /Administrator Pauley also reviewed the budget request of the fire department for 1986. Mayor Lir.ke stated he would plan on attending the September 9 County Board meeting with Clerk /Administrator Pauley and would also like to present the library petition to them at that time. Motion /Second: Blanchard /Quick to adjourn the meeting 23. Adjournment at 9:25 PM. 5 ayes 0 nays fully sub Do Pauley Cle dministr Motion Carried