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HomeMy WebLinkAboutMinutes - 1986/10/13CITY COUNCIL MEETING CITY OF MOUNDS VIEW OCTOBER 13, 1986 6:00 P.M. A G E N D A 1. 6:00 p.m. Executive Session Discussion of Pipeline Lawsuits with City Attorney 2. 7:00 p.m. Call to Order Regular Meeting 3. Pledge of Allegiance 4. Roll Call Blanchard, Quick, Hankner, Haake, Linke 5. Approval of Minutes: September 22, 1986 Regular Meeting (Corrected copy enclosed) 6. Public Hearings: 7:05 p.m. Phyllis Leenerts Minor Subdivision 7:1' p.m. JLN Development re: General Concept Plan 7. Residents Requests and Comments From The Floor CITIZENS: BEFORE SPEAKING PLEASE GIVE YOUR FULL NAME AND ADDRESS FOR THE MINUTES 8. Approval of Consent Agenda 7:10 p.m. K -Gas Conditional Use Permit Development Review for Gas Station ITEM A. Accept Quote From Aqua Engineering, Inc. For an Automatic Lawn Sprinkler System in the Front of City Hall at a Cost of $3,272.00 With Funds to Come From the Forestry Fund ITEM B. Authorize Installation of Underground Electri- cal Service by N.S.P. at Groveland Park al a Cost of $9,970.00 to be Charged to Account No. 100 380 -4513 ITEM C. Authorize Clerk- Administrator and Police Chief to Enter Into Computer System Use Agreement ITEM D. Approve Resolution No. 2110 Amending the 1987 Budget to Reflect Increased 1987 Fire Protec- tion Services Costs Negotiated Subsequent to Adoption of the 1987 Budget ITEM E. Amend Item P of the September 22, 1986 Consent Agenda to Read, "Declare 1966 International Truck /Puppet Wagon as Surplus Property and Authorize Sale to John Buckley for $25.00" AGENDA OCTOBER 13, 1986 PAGE TWO ITEM F. Adopt Resolution No. 2097 Reapportioning Assessments for Auditor's No. 431 ITEM G. Adopt Resolution No. 2098 Reapportioning Assessments for Auditor's No. A431 ITEM H. Adopt Resolution No. 2099 Reapportioning Assessments for Auditor's No. 798 ITEM I. Adopt Resolution No. 2100 Reapportioning Assessments for Auditor's No. 538 ITEM J. Adopt Resolution No. 2101 Reapportioning Assessmencs for Auditor's No. 617 ITEM K. Adopt Resolution No. 2102 Reapportioning Assessments for Auditor's No 431 ITEM L. Adopt Resolution No. 2103 Reapportioning Assessments for Auditor's No. 1004 ITEM M. Adopt Resolution No. 2104 Reapportioning Assessments for Auditor's No. 5336 ITEM N. Adopt Resolution No. 2105 Reapportioning Assessments for Auditor's No. 431 ITEM O. Adopt Resolution No. 2106 Reapportioning Assessments for Auditor's No. 431 ITEM P. Adopt Resolution No. 2107 Reapportioning Assessments for Auditor's No. 5336 ITEM Q. Adopt Resolution No. 2108 Reapportioning Assessments for Auditor's No. 1004 ITEM R. Approve Soil Corrections and Utility Wire Burial at Groveland Park Tennis Courts ITEM S. Set Public Hearing for Red Oak School Site Major Subdivision for 7:10 p.m. on October 27 ITEM T. Consideration of Staff Memorandum Regarding Carol Rasmussen Three Month Review ITEM U. Set Public Hearing for 1986 Long Term Financial Plan for Monday, October 20, 1986 at 7:05 p.m. ITEM V. Adopt Resolution No. 2113 Approving Just and Correct Claims Against City Funds AGENDA OCTOBER 13, 1986 PAGE THREE ITEM W. Licenses for Approval. General Expires 6/30/87 BTL Construction, Inc. New Franzen Const. Co. New Mark G. Johnson and Sons New Osborne Const. New Heating and Air Conditioning Expires 6/30/87 Ganley's Heating and Air Conditioning New Larson -Mac Company Renewal More's Burner Service Renewal 9 Consideration of Resolution No. 2111 Regarding Approval of Phyllis Leenerts Minor Subdivision 10. Consideration of Resolution No. 2112 Regarding Approval of K -Gas Station 11. Consideration of Resolution No. 2109 Regarding JLN Development 12. Consideration of Variance Request by Mr. Young, 2267 Lois Drive 13. Consideration of Variance Request by Mr. Gjerde, 2272 Lois Drive 14. Consideration of Staff Memorandum Regarding Clerical Assistance 15. Second Reading and Adoption of Ordinance No. 411, "An Ordinance Amending Chapter 70 of the Mounds View Muni- cipal Code Entitled, "Municipal Water System" 16. Second Reading and Adoption of Ordinance No. 412, "An Ordinance Amending Chapter 71 of the Mounds View Muni- cipal Code Entitled, "Municipal Sanitary Sewer System" 17. Second Reading and Adoption of Ordinance No. 413, "An Ordinance Amending Chapter 48 of the Mounds View Muni- cipal Code Entitled, "Wetland Zoning Ordinance" 18. Consideration of Staff Memorandum Regarding Adult Foster Care for the Mentally Retarded 19. Report of Public Works /Community Development Director 20. Report of Attorney AGENDA OCTOBER 13, 1986 PAGE FOUR 21. Report of Councilmembers: Blanchard, Quick, Haake, Hankner, Linke 22. Report of Administrator 23. Adjournment CONSENT AGENDA OCTOBER 13, 1986 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. Accept Quote From Aqua Engineering, Inc. For an Automatic Lawn Sprinkler System in the Front of City Ball at a Cost of $3,272.00 With Funds to Come From the Forestry Fund ITEM B. Authorize Installation of Underground Electri- cal Service by N.S.P. at Groveland Park at a Cost of $9,970.00 to be Charged to Account No. 100 380 -4513 ITEM C. Authorize Clerk- Administrator and Police ChieE to Enter Into Computer System Use Agreement ITEM D. Approve Resolution No. 2110 Amending the 1987 Budget to Reflect Increased 1987 Fire Protec- tion Services Costs Negotiated Subsequent to Adoption of the 1987 Budget ITEM E. Amend Item P of the September 22, 1986 Consent Agenda to Read, "Declare 1966 International Truck /Puppet Wagon as Surplus Property and Authorize Sale to John Buckley for $25.00" ITEM F. Adapt Resolution No. 2097 Assessments for Auditor's ITEM G. Adopt Resolution No. 2098 Assessments for Auditor's ITEM II. Adlopt. Resolution No. 2099 Assessments for Auditor's I'1'f:M I. ITEM J I'T'EM K. ITEM Adopt Resolution No. 2100 Assessment for Auditor's Reapportioning No. 431 Reapportioning No. A431 Reapportioning No. 798 Reapportioning No. 538 Adopt Resolution No. 2101 Reapportioning Assessments for Auditor's No. 617 Adop;.. I;esoi,.l ion No. 2102 Report ionin3 As r't'^.mogl s fui Auditor's P: r;. 431 Adopt Resolution No. 2103 '.tt':9 p ^r; Assessments for Auditor's No. 1004 ITEM M. Adopt Resolution No. 2104 Reapportioning Assessments for Auditor's No. 5336 ITEM N. Adopt Resolution No. 2105 Reapportioning Assessments for Auditor's No. 431 ITEM O. Adopt Resolution No. 2106 Reapportioning Assessments for Auditor's No. 431 ITEM P. Adopt Resolution No. 2107 Reapportioning Assessments for. Auditor's No. 5336 ITEM Q. Adopt Resolution No. 2108 Reapportioning Assessments for Auditor's No. 1004 ITEM R. Approve Soil Corrections and Utility Wire Burial at Groveland Park Tennis Courts ITEM S. Set Public Hearing for Red Oak School Site Major Subdivision for 7:10 p.m. on October 27 ITEM T. Consideration of Staff Memorandum Regarding Carol Rasmussen Three Month Review [TEM U. Set Public Hearing for 1986 Long Term Financial Plan for Monday, October 20, 1986 at 7 :05 p.m. ITEM V. Adopt Resolution No. 2113 Approving Just and Correct Claims Against City Funds ITEM W. Licenses for Approval General Expires 6/30/87 RTL Construction, Inc. New Franzen Const. Co. New Mark G. Johnson and Sons New Osborne Const. New Heating and Air Conditioning Expires 6/30/87 Ganley's Heating and Air Conditioning New Larson -Mac Company Renewal More's Burner Service Renewal The Pledge of Allegiance was said. PROCEEDINGS OF THE CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA The Mounds View City Council was called to order 1. Call to by Mayor Linke at 7:02 PM on Monday, October 13, Order 1986. MEMBERS PRESENT: Councilmembers Blanchard, Quick, Hankner, Haake and Mayor Linke. ALSO PRESENT: City Attorney Meyers, Clerk/ Administrator Pauley and Public Works /Community Development Director Thatcher. Motion /Second: Haake /Hankner to approve the September 22, 1986 minutes as presented. 5 ayes 0 nays Paul Videen, of Midland, Videen and Associates, stated he owns 9 acres of property south of the Bel Rae Ballroom, and he understands the City is talking about using part of the property for storm water storage. He stated he had spoken with Director Thatcher about combining the water storage in May. but he understands that due to the pipeline situation, nothing has been started yet. Mr. Videen stated he needs a large amount of fill for the property, and he has been offered some from New Brighton, at an extremely good price, and he has submitted his application to the City for a fill permit, but he would like Council action tonight, if possible, as he will lose the fill if he doesn't act on it quickly. Director Thatcher explained Mr. Videen is requesting a fill permit, but this is a fairly complicated issue as the site is in the wetland and flood plain. The way the City ordinance reads, a fill permit could not be granted for that site, but in speaking to Attorney Meyers, he feels the City should review it's O \Th AP P eou &4D I (8 Regular Meeting October 13, 1986 Mounds View City Hall 2401 Hwy. 10, Mounds View, MN 55112 2. Pledge of Allegiance 3. Roll Call 4. Approval of Minutes: September 22, 1986 Motion Carried 5. Residents Requests and Comments from the Floor Mounds View City Council October 13, 1986 Regular Meeting Page Two stance on the flood plain. Mr. Videen stated he had granted the City an easement on the south and east sides, and in return was pro- vided a ca'cch basin, which in turn created the flood plain area when the street was put in. Attorney Meyers clarified that part of the City improvement did create the wetland on the property. Mr. Videen stated that since the fill is available immediately, he would like to stockpile it about 20' hack from Edgewood Drive, and cover about 2a acres. He added it would not affect the drainage of the area. Councilmember Hankner stated she was concerned with not knowing the whole drainage area and she needs more time to look at it in greater detail. She added she was afraid that hasty action could cause more problems. Mr. Videen replied that 30,000 cubic feet of fill is very expensive, approximately $100,000, and he could have it hauled in for $5,500. He added he will lose it if he doesn't take it immediately. Councilmember Blanchard stated the City worked long and hard on the wetland ordinance, and she also would like more time to investigate it before taking any action. Councilmember Quick asked how much of the property is non wetland, of the 9 acres. Director Tnatcher replied approximately half of it, with both the flood plain and wetland being in the middle of the property. He added there is not 2; acres to put the fill on, without requiring Council action. Councilmember Quick asked if Mr. Videen could get permission from Tony Jambor to store the fill on his property, which is adjacent, and the City could require Mr. Videen to post a bond, to allow the fill to be brought in. Mayor Linke stated there are many factors to look at before granting approval. He added the Council would like to find a way around the problem, and stated he would like to discuss it at the next agenda session, and have Staff get all the information together prior to that. Mr. Videen stressed that time is a very big problem, as he must act on this immediately. Councilmember Haake stated she would be willing to call to order on Monday, once Staff has the informa- Mounds View City Council October 13, 1986 Regular Meeting tion together. Motion /Second: Hankner /Blanchard to have Staff gather all pertinent information for the Council to havea decision, and to have Attorney Meyers get the history and legal information of the property, to be presented at the next agenda session, and to set a special Council meeting for 7 PM, on Monday, October 20. 5 ayes 0 nays Mayor Linke introduced the Mounds View Lions Club, specifically Ray Young and Mylo Gjerde, who made a presentation to Police Chief Ramacher of stuffed animals to be given to children by the Police Department. Police Chief Ramacher thanked the Lions Club, and explained the animals will be kept in the squad cars, to be given to children the police encounter, who have either been in an accident, abused, or frightened in some way. Mayor Linke explained that as the stuffed animals are given out, they will be replaced by the Lions Club, and he also thanked the Lions for their donation. Mayor Linke closed the regular meeting and opened the first public hearing at 7:32 PM. Director Thatcher reviewed the request of the applicant to divide one lot into two. He stated it meets all City code requirements, and the Planning Commission has reviewed it and recommends approval. Warren Johnson, 7710 Greenwood Drive, stated he has no objection to the subdivision, as long as whenever the lot is developed it is graded properly, so that the runoff goes toward County Road I and not to his house. Councilmember Hankner explained there is an ordinance in place, the storm water management ordinance, which states that development cannot allow any more runoff than is already there. She added the Council is looking at an overall plan for the entire City, for runoff. Mayor Linke closed the public hearing and reopened the regular meeting at 7:36 PM. Page Three Motion Carried 6A. Public Hearing: Phyllis Leenerts! Minor Subdivi- sion Mounds View City Council October 13, 1986 Regular Meeting Page Four Motion /Second: Haake /Quick to approve Resolution No. 2111, approving a minor subdivision for 2609 County Road I, Mounds View Planning Case No. 182 -85, and waive the reading. 5 ayes 0 nays Motion Carried Mayor Linke closed the regular meeting and opened the second public hearing at 7:38 PM. John Bannigan, stating he was representing Kunz Oil Company, explained that in December of 1984, Kunz Oil requested a conditional use permit for remodeling their facilty on Highway 10, and he feels they have complied with all the requirements. He explained they would remove the existing main building and build a new, 19,000 square foot building, and put in new pumps and islands, with new fencing, lighting and so forth. Donald Gross, 8060 Groveland, asked if anything has changed since the original blueprint. Mr. Bannigan replied nothing has changed. Councilmember Blanchard reported the Planning Commission had conducted an informational hearing with the residents of the area, and the residents and Kunz Oil did come to an agreement, which is reflected in this plan. Attorney Meyers explained there is a provision in State law that permits the City to impose a moritor- ium while the Comp Plan is being review. However, this is a pre- existing use, the zoning is proper, the CUP is proper, so the moritorium does not address this specific site. Mayor Linke closed the public hearing and reopened the regular meeting at 7:43 PM. 7. Consideration of Resolution No. 2111 6B. Public Hearing: K -Gas CUP and Development Review for Gas Station Motion /Second: Haake /Blanchard to approve Resolution 8. Consideration No. 2112, granting approval to the K -Gas Station, of Resolution regarding Mounds View Planning Case No. 164 -84, and No. 2112 waive the reading. 5 ayes 0 nays Motion Carried Mayor Linke closed the regular meeting and opened 6C. Public Hearing: the next public hearing at 7:45 PM. JLN Development Mounds View City Council October 13, 1986 Regular Meeting Page Five Tim Nelson, of JLN Development, introduced their development team and gave a slide presentation of developments they have done in the area and their proposal for their development in Mounds View. Phil Carlson, planning consultant to JLN Development, made a presentation showing where the area was located in Mounds View, access to it, and presented sketches of the proposed development, showing the layout. He also reviewed the planned traffic flow, parking and use of the area. Jim Benshoof, traffic consultant to JLN Development, reviewed the data they have compiled for the traffic flow in and out of the development, and how they anticipate the traffic will flow. Mr. Nelson reviewed the benefits they feel the develop- ment will provide to the City of Mounds View. Councilmember Haake asked for a clarification of the number of parking spaces planned for the proposed office and warehouse space. Mr. Nelson explained they had discussed it with Clerk/ Administrator Pauley and Director Thatcher last week and had agreed to provide additional parking spaces if they are needed in the future. Director Thatcher stated he has agreed with JLN to review their plan for parking, but he has not cut down the requirements yet. Clerk /Administrator Pauley stated that based on the numbers presented by JLN last week, it was felt it was workable, and any further development would require them to come back to the City for further discussion and approval. He added this is a conceptual approval at this time, and they will be in many more times with further details. Director Thatcher clarified that the Planning Commission has not made a recommendation on the parking yet, and they will be meeting on October 15. Councilmember Hankner stated she feels stop signs would be needed north of the development site, and suggested several locations they should be placed, to keep speed down as cars go through the residential areas. Mr. Carlson stated he agrees the concern about controlling traffic is very valid, but reminded the Council they are proposing a development within the boundry lines of their property, and they do not have input on what will happen outside the property line, whereas the Council does, and he asked the Council to address the JLN Development itself. Mounds View City Council Octcber 13, 1986 Regular Meeting Page Six Mayor Linke stated that if the development goes a 50/50 mix of office and warehouse space, it would reduce the anticipated traffic flow to and from the area. Kay Radlinger, 2199 County Road H2, stated she can live with the proposed project, but she is concerned about access onto County Road H2, as there are children on Quincy all hours of the day and she does not feel there is a good time for the traffic to go up Quincy at all. She added she does not feel the truckers will obey the signs, prohibiting truck traffic. Mayor Linke replied there are three proposed stop signs to be placed between County Road H2 and County Road I on Quincy, which should significantly slow the traffic. Duane Nelson, 5459 Quincy, stated the people on Quincy were told a few years ago there would be no exit from the development onto County Road H2. Susan Mitchell, 5493 Quincy, stated she does not care how many more cars are projected, she has five children crossing the street all day, and she does not want the traffic. Betty Wahl, 5425 Quincy, stated she was promised by Steve Thatcher that the development would not be allowed access onto County Road H2. She added she does not want to see an increase in traffic Andrew Hume, 5316 Quincy, presented a petition to the Council of about 100 signatures, regarding access onto County Road T:2 and traffic on Quincy. He stated he has two daughters who walk to school, and the sidewalks are not cleared during the winter, and the children end up walking in the street. Wally Johnson, 2287 Cour._y Road H2, stated he was repre- senting his mother at that address. He stated she is not necessarily against the development but he feels it could be done without access onto County Road H2 or using Quincy, and he does not feel the setbacks are wide enough, or the berms high enough. He suggested cutting down on the square footage, to improve the parking situation, and getting access through the vacant property southeast of them, coming off the exit ramp. Mayor Linke explained JLN does not own the property southeast of them, and it is tied up in litigation. He also stated he doubts MnDOT would agree to them tying into the exit ramp. Councilmember Hankner stated they must keep in mind the health, safety and welfare, in wanting to close off access to County Road H2. Mounds View City Council October 13, 1986 Regular Meeting Page Seven Mr. Johnson stated they could have chained accesses, or break -offs, or something similar, for emergencies, and they do not need a through access street. He added the City could use condemnation to acquire the vacant property for this development. Mayor Linke stated that in addition to part of it being in litigation, the land next to the motel is used as a holding area for the motel. Laurel Larson, of the Mounds View Mobile Home Park, stated they do not have two accesses, and instead have a crash gate as their emergency exit. Russell Paul, 7940 Greenfield, stated he agreed that high berming would be beneficial, and he would like to see a horseshoe effect for the streets, and close off access on County Road H2, and have two signalized intersections on Highway 10. Director Thatcher explained MnDOT will allow only one additional signal on Highway 10 between County Road H and County Road H2. Duane Nelson stated he does not feel one stop light on Highway 10 would be adequate for the amount of traffic going in and out, as is proposed, and many of the people would end up going north to County Road H2 instead. Mrs. Ratlinger stated she feels access onto County Road H2 and north onto Quincy would benefit the developers only. David Mitchell, 5493 Quincy, stated he feels the developers are deliberately trying to get people to turn out onto Quincy as they leave the development. Mrs. Mitchell stated she feels the community would be too disected with the additional traffic on Quincy. She added there are meetings and activities going on at Pinewood School during other than school hours, and she feels the developers are thinking only of themselves and recommended they be required to cut out one building, to have room for a turn- around. Jack Johnson, 2211 Highway 10, stated he owns the home adjacent to the proposed development, and he wanted it known that his property is for sale for a fair market value, and he is concerned with being land locked and devaluation of his property. Joe Ratlinger, 2199 County Road H2, asked who is accountable at the City, as he was told before purchasing his home that no access would be allowed onto County Road H2 when the property was developed. Mounds View City Council October 13, 1986 Regular Meeting Page Eight Councilmember Haake stated she would remember when that was policy in the 1970's, when she was chairman of the Planning Commission, and the intent was to have a ring -road system for any large development. Councilmember Hankner stated the problem is that every- thing is always subject to whatever is planned, and that unless a written document is exchanged, they cannot help what prior information was given out. Director Thatcher stated that back when Pinecrest Properties was being discussed, the developer did not plan on having access onto County Road H2. Councilmember Haake referred to sections of the Comp Plan, regarding high density residential zoning and traffic. Attorney Meyers pointed out that many years ago, the land was zoned high density residential. Tim Nelson stated he was informed by Staff from the very beginning of concerns with access onto County Road H2, and they tried working a ring -road concept but it would not work. He added that perhaps many of the projects that were proposed before did not follow through because of the traffic flow problems. He added they want to be good neighbors. Mayor Linke closed the public hearing at 9:54 PM. Clerk /Administrator Pauley explained a representative from Naegele Outdoor Advertising, Inc. was present, in response to the City's stance on political signs. Michael Cronin, of Naegele, explained their billboards are permanent, fixed signs, and at this time of the year, every two years, they have over 250 political billboards in place. He stated that all other communities they deal with regulate these under their codes as billboards, and he asked that Mounds View continue to regulate billboards as billboards and not election signs. Mayor Linke explained the City has an ordinance that regulates electioneering signs, and there is a size requirements. He added that Mr. Dahl and Mr. Sikorski do not represent this area, and the City does not want these billboards advertising candidates. He also explained they are discussing taking billboards out of Mounds View altogether in the future. Councilmember Blanchard pointed out this same issue came up two years ago, and Naegele was cited at that time and paid the fines, and they were aware of the fact it was against City ordinance when they placed the advertisements this year. Mounds View City Council October 13, 1986 Regular Meeting Page Nine Mr. Cronin apologized and stated he was present to make an administrative appeal. He stated they have not run into this problem anywhere else, and while they were fined two years ago, the problem somehow slipped through the cracks and was not remembered until they received notice from the City recently. Councilmember Haake stated she has no problem with a campaign billboard in the City. Clerk /Administrator Pauley stated a warning letter has been issued, giving Naegele 15 days to remove the sign, then a citation will be issued. Councilmember Hankner stated the City took the stance two years ago, and political billboards do not follow the Code, and she recommended sticking with the Code and implementing the ordinance as it is written today, and then taking the electioneering ordinance under consideration sometime in the future. It was agreed the Council would discuss it further during their next Code review, scheduled for 1987. Councilmember Blanchard asked that Items B and R 9. Approval of be removed from the consent agenda for discussion. Consent Agenda Councilmember Haake asked that Item A be removed for discussion. Motion/Second: Blanchard /Quick to approve the consent agenda, minus Items A, B and R, and waive the reading. 5 ayes 0 nays Motion Carried Councilmember Haake stated that on Item A, the issue was discussed at the agenda session and she had stated then she was opposed to the expenditure of $3,272 for a sprinkler system for the grounds in front of City Hall, as she feels the money could be better used, such as with the increase in oak wilt. She added she feels the hoses and sprinklers can continue to be manually moved around. Councilmember Quick stated he feels this is a good buy for the money, and the system would pay for itself during a dry spell, with the amount of labor that would be involved, and the inflation factor. Councilmember Haake reiterated that she felt the funds could be better spent. Mounds View City Council October 13, 1986 Regular Meeting Page Ten Mayor Linke stated they are trying to create an image for the City, and they have received many comments about the flowers that were planted in front, and he feels the sprinkler system would be well worth the money. Motion: Haake to deny the expenditure of $3,272 for an automatic sprinkler system for the front of City Hall. The motion died for lack of a second. Motion /Second: Quick /Blanchard to accept the quote from Aqua Engineering, Inc. for an automatic lawn sprinkler system in the front of City Hall, at a cost of $3,272.00, with the funds to come from the Forestry fund. 4 ayes 1 nay Motion Carried Councilmember Haake voted against the motion, for previously stated reasons. Councilmember Blanchard stated that Items B and R appear to be duplicate items. Clerk /Administrator Pauley requested approval of Item B over Item R, due to the language. Motion /Second: Blanchard /Quick to authorize the installation of underground electrical service by NSP at Groveland Park at a cost of $9,970.00 to be charged to account no. 100- 380 -4513. 5 ayes 0 nays Motion Carried Clerk /Administrator Pauley explained account number 100- 380 -4513 is the general fund capital improvement account for the Groveland Park tennis courts. Acting Park Director Mary Saarion reviewed her memo of October 9, 1986 to the Council, regarding the Groveland Park tennis courts. Motion /Second: Blanchard /Quick to approve Item R, and authorize Staff to retain Mary Anderson Homes, Inc. for the soil corrections at an amount not to exceed $7,000 including material, and allow Staff to retain NSP to place the utility wires underground at Grove land Park at a cost of $9,970, with the $13,000 to come from the Park Dedication account and $4,000 from the Groveland Park Foundation Account, no. 100 380 -4513. 5 ayes 0 nays Motion Carried Mounds View City Council October 13, 1986 Regular Meeting Page Eleven Councilmember Haake stated she feels JLN is a good development, but she has been concerned about having a ring -road from the very beginning, and she reviewed sections of the Comp Plan which refer to the ring -road concept, including the Development Framework Commercial goals and policies, goal 2, policy G and J, Industrial goals and policies, goal 2F, Residential goals and policies, goal 2, Commercial uses, Transportation goals and policies, goal 8, E and F, Streets and Parking, Collector Streets, and Ring Roads. She stated she would get the information together for the Council that she was referring to. She also added that she feels the intent all along was to have a ring -road system in that area. Councilmember Haake stated she would like more time and discussion on the road alignment and concerns the residents have. She added she likes what the development will be, and she agrees the property owner has the right to develop his land as best he cam, but they must remember the residents and their concerns. Councilmember Hankner stated there is no mandate in the Comp Plan, with the way it is worded, and they need to balance the whole thing out. She stated she feels JLN has done a good job, and she would also like more time to work with the residents and JLN further. She stated she feels the concept is alright, except for the access onto County Road H2. Director Thatcher reported the Planning Commission has not addressed the concept plan, as they did not have a quorum earlier in the month, but the three Commissioners who were present felt it was a good plan, and they do want to discuss the parking again. Attorney Meyers reminded the Council the Planning Commission is an advisory commission only, except for variances. Mayor Like stated that in visiting with the residents of the area last Saturday, he was told by many that stop signs on Quincy would alleviate their concerns. Councilmember Hankner stated she gets the impression +here is mistrust on the part of the residents. Councilmember Quick stated there is an area of the City that has a zing-road, in Silver Lake Woods, and the same complaints and concerns were expressed by the citizens then, and they are fears of the unknown. He stated he feels stop signs, side walks and so forth will address these problems. He added that if the area was developed as R1, R2 or R3, they 10. Consideration of Resolution No. 2109 Mounds View City Council Octobe,. 13, 1986 Regular Meeting Page Twelve would have a much worse problem, with higher density per acre. Councilmember Quick stated he feels this is the best development they can get for that site. Motion /Second: Quick /Blanchard to accept Resolu- tion No. 2109 regarding JLN Development, and waive the reading. No vote was taken on the above motion, as Bill Franke, President of JLN Development, stated he has problems with the resolution the way it is worded, specifically with the parking spaces as they are noted, and while they are down to the wire on time, with their option on the property, he would like to get together with Staff and work out the final bugs, and then request that the Council call to order at their next agenda session and vote on the resolution then. Motion /Second: Haake /Hankner to table this item until October 20, 1986 at 7:05 PM. 5 ayes 0 nays Motion Carried It was agreed to take the next two items together, 11. Consideration as they address the same issue. of Variance Request by Clerk /Administrator Pauley explained the Planning Mr. Young at Commission had denied the variance request of both 2267 Lois Drive parties because a hardship was not found. and Mr. Gjerde at 2272 Lois Director Thatcher stated that the Code reads that Drive when a use is destroyed to greater than 50% of it's original use, it must be brought into conformance when it is replaced, and these two driveways were not. Mayor Linke stated he felt the variances should be given, as they were repairing or replacing an existing condition, not increasing the size. Councilmember Hankner asked why a building permit was not obtained. Clerk /Administrator Pauley explained the contractor did not come in, which is a problem the City has experienced as least a dozen times in the past year, that has been caught. Director Thatcher added that Staff noticed what was being done, as it was being completed. There was considerable discussion among the Council and Staff of the problem of people not taking out Mounds View City Council Regular Meeting Page Thirteen the required building permits, and the problems with enforcing it, and that the problem existed for more than just driveways. Councilmember Hankner stated the problem seems to be not in granting variances but rather in enforcing the code. Clerk /Administrator Pauley responded that it can be no other way than selective, as it would be impossible to enforce any other way as they do not and could not have a Staff large enough to patrol the City and catch everything that was being done, especially on weekends. Councilmember Hankner stated the Council is being asked to not enforce the Code uniformly. Mayor Linke stated he feels personally that because the driveway condition was existing, they should make allowances in the Code to allow for it. Clerk /Administrator Pauley pointed out there is still a Code violation, as they did not get a building permit, and the City must enforce the Code to the best of it's ability. Director Thatcher explained the contractor paid to be licensed, after being caught, and was double feed, but the building permit was not approved as he did not meet Code. Councilmember Hankner stated they need to discuss enforcement of the Code, and the Code itself. Attorney Meyers advised the Council either change the Code or stick with it, and not grant variances. He explained that if they keep varying it, soon they have no Code at all. He added he feels these two applicants do not warrant variances. Clerk /Administrator Pauley advised they must look at the entire Code, and not do it piecemeal. Ray Young, 2267 Lois Drive, stated it was not his intention to violate any Code, and he had assumed the contractor was taking the building permit out. Councilmember Hankner explained the Council is not blaming him for not taking the permit out, but the Council must educate the public that building permits are necessary, and it is the ultimate responsibility of the property owner to insure the contractor is licensed in the City and takes out the necessary permits. October 13, 1986 Mounds View City Council October 13, 1986 Regular Meeting Page Fourteen Clerk /Administrator Pauley stated the common pro vision for non conformance is that it can be maintained, but once it is 50% destroyed, Code takes over and it must be brought up to existing Code. He added it is a common provision through- out the State of Minnesota. Motion /Second: Linke /Hankner to have Staff take some time and get ahold of Blaine, Spring Lake Park, Shoreview and surrounding communities in the Metro area to find out what their feelings are and how they address this issue, for driveways only. 5 ayes 0 nays Clerk /Administrator Pauley stated he would place it on the first agenda session in November for discussion. Eric Hanson, 2228 Oakwood Drive, stated he had applied for a permit to replace his driveway and was told he could not do it, as it was, because of Code, and was told he could use woodchips or gravel in the areas that would not meet Code. He stated he would rather replace the blacktop with concrete, and asked what would prevent him from replacing one -third of the driveway three different times. Paul Fedor, 2288 Knoll Drive, stated everyone has a weekend project, but it appears most of the problems the City is experiencing is with fly -by -night contractors, and asked if the Council has considered a higher fine. He added he realizes variances are hard to grant, but in this case, both parties were taken by the contractor. Attorney Meyers responded that it is the ultimate responsibility of the property owner, and if citations were going to be issued, they would have to start issuing them to homeowners also, for not insuring that a building permit was taken out by their contractor. Earl Marr, 2265 Lois Drive, stated he is a neighbor of Mr. Gjerde's and he has no objection to the driveway as it was put in. He also pointed out that Bob Eigenheer was allowed to build 41/2' from the property line many years ago, which must have required a variance then. Mr. Paul stated he feels the ordinances are out of line with the people, and he has not heard any constructive reasons why Code requires the driveway to be 5' from the property line, and he asked why the Government should say it has to be 5', and why the people should have to pay a fee to replace something on their own property. Motion Carried Mounds View City Council October 13, 1986 Regular Meeting Page Fifteen Motion /Second: Haake /Blanchard to authorize the hiring of Deanna Mortenson at the rate of $5.00 per hour as determined as necessary by the Clerk /Administrator beginning September 22, 1986. 5 ayes 0 nays Motion /Second: Haake /Hankner to have the second reading and adoption of Ordinance No. 411, amending Chapter 70 of the Mounds View Municipal Code entitled "Municipal Water System and waive the reading. 5 ayes 0 nays Councilmember Councilmember Councilmember Councilmember Mayor Linke Motion /Second: Haake /Hankner to have the second 14. 2nd heading: and reading and adoption of Ordinance No. 412, amending Adoption of Chapter 71 of the Mounds View Municipal Code Ordinance entitled "Municipal Sanitary Sewer System and No. 412 waive the reading. Councilmember Councilmember Councilmember Councilmember Mayor Linke Motion /Second: Haake /Quick to have the second 15. 2nd Reading and reading and adoption of Ordinance No. 413, amending Adoption of Chapter 48 of the Mounds View Municipal Code Ordinance entitled "Wetland Zoning Ordinance and waive No. 413 the reading. Councilmember Councilmember Councilmember Councilmember Mayor Linke Blanchard aye Quick aye Haake aye Hankner aye aye Blanchard aye Quick aye Haake aye Hankner aye aye Blanchard aye Quick aye Haake aye Hankner aye aye Motion /Second: Haake /Hankner to set an informal informational meeting for adult foster care of the mentally retarded and mail notices inviting residents in the area in question to come and learn about the program directly from the directors, and set the meeting for 8:00 PM on October 20, 1986. 12. Consideration of Staff Memo Regarding Clerical Assistance Motion Carried 13. 2nd Reading and Adoption of Ordinance No. 411 Motion Carried Motion Carried Motion Carried 16. Consideration of Staff Memo Regarding Adult Foster Care for Mentally Retarded Motion Carried Mounds View City Council October 13, 1986 Regular Meeting Page Sixteen At Council's request, Clerk /Administrator Pauley stated Staff would do another mailing to the residents involved with the JLN Development, notifying them that it has been continued to October 20. Director Thatcher reported Staff will be meeting with the School District at 9:00 AM on October 15 to discuss the County's proposal to change the intersection at County Road I and Quincy and remove the stop lights. Attorney Meyers reported Judge Diana Murphy has announced the case on the pipeline shall be ready to be tried by January 30, 1987. Councilmember Blanchard reported she had attended the MnDOT public hearing on the extension of Highway 10. Councilmember Councilmember Councilmember Quick had no report. Haake had no report. Hankner had no report. Mayor Linke reviewed the proposed resolution from the Ramsey County League of Local Governments committee on court consolidation. He reported they will be having their last meeting on October 15, and are proposing to bring the 5 courts down to 2, to be located in New Brighton and the Maplewood Mall area. Clerk /Administrator Pauley had no report. Mayor Linke adjourned the meeting at 11:56 PM. Rsp= ctfully =•fitted, Do -ld F. P -uley Clerk Admini'sor 17. Report of Public Works/ Community Development Director 18. Report of Attorney 19. Reports of Councilmembers: Councilmember Blanchard Councilmember Quick Councilmember Haake Councilmember Hankner Mayor Linke 21. Adjournment 20. Report of Clerk/Administra- tor