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HomeMy WebLinkAboutMinutes - 1987/07/13CITY COUNCIL MEETING CITY OF MOUNDS VIEW JULY 13, 1987 A G E N D A 1. Call to Order 2. Pledge of Allegiance 3. Roll Call Hankner, Blanchard, Wuori, Quick, Linke 4. Approval of Minutes: June 22, 1987 Regular Meeting 5. Residents Requests and Comments From The Floor CITIZENS: BEFORE SPEAKING PLEASE GIVE YOUR FULL NAME AND ADDRESS FOR THE MINUTES 6. Approval of Consent Agenda ITEM A. Adopt Resolution No. 2214 Amending By Substitution Article VI, Section 1 and Article X, Saction 3 of the North Suburban Cable Commission Joint and Cooperative Agreement for the Administration of a Cable Communication System ITEM B. Approve Purchase of Cable Equipment from EPA Audio Visual, Inc. at a Cost Not to Exceed $6,712.39 Per Proposal Dated June 3, 1987 to be Charged to Cable TV Fund ITEM C. Adopt Resolution No. 2213 Requesting the Metropolitan Council HRA to Apply for and Implement a Rehabilitation Loan Program within the City of Mounds View ITEM D. Accept Proposal of Resolution, Inc. in Association with Barton Aschman Associates, Inc. dated June 1, 1987 to Update the City's Comprehensive Land Use Plan and Regulatory Tools at a Cost Not to Exceed $20,000 to be Charged to Account No. 100- 110 -4303 ITEM E. Adopt Resolution No. 2215 Approving Just and Correct Claims Against City Funds ITEM F. Licenses for Approval Restaurants Expire 6/30/88 Mister Donut Renewal New Peking Restaurant New Bridgemans Ice Cream Renewal AGENDA PAGE TWO JULY 13, 1987 ITEM F. Licenses for Approval (continued) Asphalt Expires 6/30/88 Asphalt Specialities Renewal Blacktop Paving of Minnesota Renewal T. A. Schifsky and Sons, Inc. Renewal Excavating 6/30/88 D. W. Harstad Renewal Peterson Construction New Fence Expires 6/30/88 Able Fence Renewal D and H Fence Renewal D. W. Fence Renewal General Expires 6/30/88 All American Roofing Remodeling New American Remodeling Renewal Brandon Construction Renewal Addition Remodeling Specialists, Inc. New Rod Johnson Bulding Renewal Wayne Johnson Construction Renewal Kise Construction Renewal Kraus Anderson Construction Co. Renewal Lau Construction Renewal Scandinavian Homes Renewal Yakymi Construction New Heating and Air Conditioning Expires 6/30/88 Care Air Conditioning Renewal Gorham Dien Mechanical New Sedgwick Heating and Air Conditioning Renewal Suburban Air Conditioning Renewal Total Energy Heating Cooling Renewal Blaine Heating, Air Conditioning and Electric Renewal Northwest Sheet Metal Company of St. Paul New Masonry Expires 6/30/88 Creative Concrete Renewal Buzzell Masonry Renewal Sewer and Water Expires 6/30/88 Backdahl and Olson Plumbing and Heating Renewal Don Weld Plumbing Renewal Welter and Blaylock, Inc. Renewal Sign and Billboard Expires 6/30/88 Nagele Outdoor Advertising Renewal National Advertising Company Renewal AGENDA PAGE THREE JULY 13, 1987 7. Accept Resignation of Housing Inspector Karl Pung with Regrets and Adopt Resolution No. 2212 Resolution of Commendation and Appreciation 8. Second Reading and Adoption of Ordinance No. 420 Amending the Municipal Code of Mounds View By Amending Chapter 41 Entitled, "Specific Rezonings" 9. Second Reading and Adoption of Ordinance No. 419 Vacating 66 Foot Road Right -Of -Way, Block 2, Jim Lund Second Addition 10. Consideration of Minor Subdivision, 8368 Red Oak Drive, Mounds View Planning Case No. 212 -87 11. Consideration of Staff Recommendation to Hire Becky Balk as City Planner Commencing August 3, 1987 at a Starting Wage of $25,000 Per Year 12. Consideration of Development Proposal from Wolf and Associates, Inc.. Mounds View Planning Case 214 -87 13. Consideration of Minor Subdivision, 5051 Long Lake Road, Mounds View Planning Case 216 -87 14. Consideration of Cooperative Agreement No. 87012 Between the City of Mounds View and Ramsey County for the Reconstruction of County Road I from T. H. 10 to I -35W 15. Remove from Table and Consideration of Resolution No. 2199 Approving Minor Subdivision, Conditional Use Permit and Development Agreement for Amoco Oil Company, 2800 Trunk Highway 10 16. Remove from Table and Continued Discussion of Placement of Portable Classroom Building 17. Consideration of Request to Authorize City Attorney to Commence Condemnation of Land Owned by Russ Underdahl for Program Avenue Right -Of -Way and Robert Waste for T. H. 10 Median Cut and Detention Pond in Vicinity of Mounds View Business Park 18. Consideration of Resolution No. 2211 Establishing Wages Pursuant to the Requirements of Chapter 651, Minnesota Laws of 1984 19. Remove from Table and Consideration of Resolution No. 2210 Denying Rezoning and Conditional Use Permit for Ton Thumb, 2408 County Road I, Mounds View Planning Case No. 203 -87 AGENDA PAGE FOUR JULY 13, 1987 20. Report of Attorney 21. Report of Councilmembers Hankner, Blanchard, Wuori, Quick, Linke 22. Report of Administrator 23. Adjournment 8:00 p.m. 1987 Goal Setting Session Follow -Up Meeting with Barb Arney and John Vinton CONSENT AGENDA JULY 13, 1987 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. Adopt Resolution No. 2214 Amending By Substitution Article VI, Section 1 and Article X, Section 3 of the North Suburban Cable Commission Joint and Cooperative Agreement for the Administration of a Cable Communication System ITEM B. Approve Purchase of Cable Equipment from EPA Audio Visual, Inc. at a Cost Not to Exceed $6,712.39 Per Proposal Dated June 3, 1987 to be Charged to Cable TV Fund ITEM C. Adopt Resolution No. 2213 Requesting the Metropolitan Council HRA to Apply for and Implement a Rehabilitation Loan Program within the City of Mounds View ITEM D. Accept Proposal of Resolution, Inc. in Association with Barton- Aschman Associates, Inc. dated June 1, 1987 to Update the City's Comprehensive Land Use Plan and Regulatory Tools at a Cost Not to Exceed $20,000 to be Charged to Account No. 100 110 -4303 ITEM E. Adopt Resolution No. 2215 Approving Just and Correct Claims Against City Funds ITEM F. Licenses for Approval Restaurants Expire 6/30/38 Mister Donut Renewal New Peking Restaurant New Bridgemans Ice Cream Renewal Asphalt Expires 6/30/88 Asphalt Specialities Renewal Blacktop Paving of Minnesota Renewal T. A. Schifsky and Sons, Inc. Renewal Excavating 6/30/88 D. W. Harstad Renewal Peterson Construction Nov CONSENT AGENDA JULY 13, 1987 PAGE TWO Fence Expires 6/30/88 Able Fence Renewal D and H Fence Renewal D. W. Fence Renewal General Expires 6/30/88 All American Roofing Remodeling New American Remodeling Renewal Brandon Construction Renewal Addition Remodeling Specialists, Inc. New Rod Johnson Bulding Renewal Wayne Johnson Construction Renewal Kise Construction Renewal Kraus Anderson Construction Co. Renewal Lau Construction Renewal Scandinavian Homes Renewal Yakymi Construction New Heating and Air Conditioning Expires 6/30/88 Care Air Conditioning Renewal Gorham Dien Mechanical New Sedgwick Heating and Air Conditioning Renewal Suburban Air Conditioning Renewal Total Energy Heating Cooling Renewal Blaine Heating, Air Conditioning and Electric Renewal Northwest Sheet Metal Company of St. Paul New Masonry Expires 6/30/88 Creative Concrete Renewal Buzzell Masonry Renewal Sewer and Water Expires 6/30/88 Backdahl and Olson Plumbing and Heating Renewal Don Weld Plumbing Renewal Welter and Blaylock, Inc. Renewal Sign and Billboard Expires 6/30/88 Nagele Outdoor Advertising Renewal National Advertising Company Renewal ayes 0 nays PROCEEDINGS OF THE CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA ALSO PRESENT: City Attorney Meyers and Finance Director Brager. Motion /Second: Hankner /Blanchard to approve the June 22, 1987 minutes as presented. Richard Povlitzki, 7762 Lakeview Lane, requested a liquor license for the old Anchor Inn buildlin. Attorney Meyers advised the Council that the City was served with a lawsuit earlier in the day from Mr. and Mrs. Povlitzki, regarding the denial of a liquor license to Muldoon's Inc. Mr. Povlitzki stated he is out a lot of money because the liquor license was not renewed for Muldoon's, and he stated that if he can be granted a license, he will drop the lawsuit against the City and Muldoon's and not try to collect further the money owed him by Muldoon's. Attorney Meyers advised the Council not to make any statements or take any action until the lawsuit is settled. 5 ayes DATE APPROVED: 7/27/87 Regular Meeting July 13, ]987 Mounds View City Hall 2401 Hwy. 10, Mounds View, MN 55112 The Mounds View City Council was called to order by 1. Call to Order Mayor Linke at 7:00 PM on Monday, July 13, 1987. The Pledge of Allegiance was said. 2. Pledge of Allegiance MEMBERS PRESENT: Councilmembers Hankner, Blanchard, 3. Roll Call Wuori, Quick and Mayor Linke. 4. Approval of Minutes: June 22, 1987 Motion Carried 5. Residents Requests and Comments from the Floor 'otion /Second: Quick /Blanchard to approve the consent 6. Approval of kmolgenda as presented, and waive the reading of the Consent Agenda resolutions. 0 nays Motion Carried Mounds View City Council July 13, 1987 Regular Meeting Page Two ,Finance Director Brager _ead the items listed on the onsent agenda. Motion /Second: Hankner /Wuori to approve Resolution No. 2212, a resolution of commendation and apprecia- tion to Karl Pung. 5 ayes 0 nays Finance Director Brager read Resolution No. 2212. Attorney Meyers asked the Council to continue this item as he was not able to get in contact with the attorney for Mr. Johnson until just recently, and he expects to have the papers back from that attorney in time for the next regular Council meeting. Motion /Second: Linke /Quick to table this item to the July 27 meeting. 5 ayes 0 nays Motion /Second: Quick /Blanchard to approve the second eading and adoption of Ordinance No. 419, vacating a 1 ;6 foot road right -of -way, block 2, Jim Lund Second Addition, and waive the reading. 5 ayes 0 nays 5 ayes 0 nays Councilmember. Councilmember Councilmember Councilmember Mayor Linke Hankner aye Blanchard aye Wuori aye Quick aye aye Finance Director Brager reviewed the request for a minor subdivision at 8368 Red Oak Drive, stating that the Planning Commission has recommended approval of this request. Motion /Second: Hankner /Wuori to approve the minor subdivision of 8368 Red Oak Drive, Mounds View Planning Case No. 212 -87. Motion /Second: Blanchard /Hankner to approve the hiring of Becky Balk as City Planner, commencing 'ugust 3, 1987, at a starting wage of $25,000 er year. 7. Adoption of Resolution No. 2212 Motion Carried 8. 2nd Reading and of Ordinance No 420 Motion Carried 9. 2nd Reading and Adoption of Ordinance No. 419 Motion Carried Motion Carried 11. Consideration of Hiring of Becky Balk as City Planner Motion Carried 10. Consideration of Subdi- vision, 8368 Red Oak Drive Mounds View City Council Regular Meeting inance Director Brager olf and Associates for square foot addition to located at 4860 Mustang Motion /Second: Quick /Wuori to approve the develop- ment proposal and development agreement 87 -82, for Wolf and Associates. 5 ayes 0 nays Finance Director Brager reviewed the request of Gerald Blanski to subdivide a one acre lot at 5051 Long Lake Road. Motion /Second: Quick /Blanchard to approve Resolu- tion No. 193 -87, approving the minor subdivision of 5051 Long Lake Road, and waive the reading. 5 ayes 0 nays 5 ayes 0 nays 5 ayes 0 nays reviewed the request of the development of a 3,667 their existing structure Circle. Motion /Second: Hankner /Wuori to approve Cooperative Agreement No. 87012 between the City of Mounds View and Ramsey County for the reconstruction of County 'oad I from T.H. 10 to I -35W, and authorize the -_ayor and Clerk /Administrator to execute the agreement. Councilmember Hankner pointed out the residents need to be reminded that construction will begin along County Road I approximately August 1st, and will last foi 10 to 12 months. She added there will be no new cost to the City or a cost to the property owners, as they are using gas tax money that comes back to the City from the State. Motion /Second: Quick /Hankner to remove this item from the table. Councilmember Hankner stated that over the past several weeks she had discussea this item with the esidents of the City, as well as researched the ailoode on Conditional Use Permits and granting them. She stated that the traffic reports done by SEH have shown major areas of concern with what can happen with this development, and she added that July 13, 1987 Page Three 12. Consideration of Development Proposal from Wolf and Assoc. Motion Carried 13. Consideration of Minor Subdivision, Long Lake Rd Motion Carried 14. Consideration of Cooperative Agreement No. 87012' Motion Carried 15. Remove from Table and Consi- deration of Resolution No. 2199 Motion Carried Mounds View City Council July 13, 1987 Regular Meeting Page Pour this is the busiest intersection in the City, and she does Apt feel they should add to the potential of traffic hazards. 'u'ne pointed out the Code states that the proposed development must be reasonably related to the overall need in the City and the existing land use, and she does not feel this development falls into that criteria as it pert:. -s to reasonably relating to the overall need of the City and that this is more of an imposi- tion to the residents of the City. She added this is directly across the highway from the Kinder Care daycare center, and while she was against the daycare center in that location from the very beginning, and now that it is there, she does not feel a gas station would be in the interest of the health, safety and welfare of the children and the proposal is not in the interest of the herlth, safety and welfare of people driving on Highway 10. Mayor Linke asked if the traffic report makes a statement that this proposal should not be allowed. Councilmember Hankner replied that it does not, but it does state the author's concern with access onto Highway 10 and Silver Lake Road. Attorney Meyers pointed out the Courts frown upon giving the reason that you do not want certain use, as there are already too many in the City. Councilmember Hankner reviewed for the Council the list of criteria to be considered in granting a Conditional Use Permit, and j pe stated that she could not vote in favor of this development at Lhe site in question because she believes that two criteria for the granting of such a permit are not met in this proposal. Jim Phillipi, from Northstar Engineering, represent- ing Amoco Oil Co., stated that the traffic study was discussed at great length with the Planning Commission, and based upon the determination of the Planning Commission that the site plan needed some changes, they were made. He pointed out that the State of Minnesota has already issued a driveway access permit for the frontage on Highway 10. Liz Ordinoff, an attorney representing Amoco Oil Co., stated that in reviewing the history of this request with the City, Amoco Oil has cooperated fully with all the requests of the City, specifically in paying for a traffic study, the environmental study and agreeing to additional and different landscaping, as well as agreeing to put in special dryers to rectify a problem with water run -off. She stated Amoco would like to work with the City, and she also pointed out they do not put gas stations in where there is no need, and they have determined there is a definite need for a tation at that location. Ms. Ordinoff stated they *agave spent ^tween $25,000 and $30,000 to date to accomodate the City of Mounds View, and she does not feel the arguments presented by Councilmember Hanknec are valid. She stated they have complied with the Mounds View City Council July 13, 1987 Regular Meeting Page Five zoning and environmental aspects and have done everything they can to meet the desires of the City. "o unc i lmember Hankner replied that just :,ecause iVInUOT nas authorized a driveway out onto Highway 10 does not mean that it is a wise decision, and she does not agree with all the actions they have taken in the past. She also pointed out that no repre- sentative from Amoco talked to her about the development nor the traffic concerns she raised weeks ago. Councilmember Blanchard stated she has been concerned with the traffic problems from the very beginning, and she does not want to be put in the position of having to explain why a gas station was allowed there, after an accident occurs at that intersection. Councilmember Quick stated he had voted against allowing Kinder Care in that location when he was on the Planning Commission and he feels there is too much traffic at that intersection now, and does not feel that is a good location for that type of business. Attorney Meyers clarified the requirements of the Code for granting a Conditional Use Permit, stating that it cannot be related to an economic argument. He stated the Courts have ruled that denying a conditional use permit when the zoning is proper would be arbitrary and }apricious. He also reminded the Council a 4/5 vote s uould be required to grant a Conditional Use Permit. Motion /Second: Hankner /Blanchard to deny a Conditional Use Permit to Amoco Oil Co., 2800 Highway 10. Councilmember Councilmember Councilmember Councilmember Mayor Linke Hankner aye Blanchard aye Wuori aye Quick aye nay Mayor Linke stated he could not support the motion, and he feels the studies done have shown it would fit into the area. The developer of the property, who did not identify himself, stated that he had originally proposed to build a Crown Auto store on the site, but was told there was not enough parking spaces, and then came up with an alternate plan, and was again told there was not enough room for parking. He expressed his frustration in trying to work with the City and pointed out that whatever development takes place there will increase the traffic at that intersection. added he is very upset and gets the feeling from -ne City that he cannot develop that piece of property. ;Mayor Linke stated the property can be developed, Motion Carried imand it is up to the Council to consider each proposal, gillInd they have voted against this particular one. Mounds View City Council July 13, 1987 Regular Meeting Page Six Ms. Ordinoff stated that when the original proposal was presented to the City, they were required to do a traffic study, environmental study, and agree to extra landscaping, and all along Amoco Oil did everything they could to meet with the City's request, and they had the understanding that if the studies were favorable, the proposal would be approved. She added she feels the Council is being arbitrary and capricious, and Amoco Oil has already spent over $25,000 to fulfill the City's requests. Councilmember Hankner replied the Council _makes the decisions in the City, taking into consideration the recommendations given by the Planning Commission and other advisory bodies. She added she has always been up front with her feelings on the development of this piece of property. Motion /Second: Hankner /Wuori to remove this item from the table. ayes 0 nays Placement of Park Director Saarion stated the Council had received a revised cost list for placing the building at Random Park, with the total cost not to exceed $9,540. Councilmember Hankner stated the Council had reviewed the proposed layout at last week's agenda session, and she wanted the residents to have an opportunity to review it and give the Council their input. She added Staff had done an analysis of the need for a building such as this, and found there is a definite need, specifically in the southern half of the City. Tom Foster, 2516 Ridge Lane, asked how the bathroom requirements will be met. Councilmember Hankner explained bathroom facilities will be put inside the building itself. 'r. Foster stated he understands where the building 4; >ill be placed will take away some of the play area the children now use, and he stated he would like to see the hill moved, as they slide down that and would be going into the parking lot area. 16. Remove from Table and Continue Discussion of Portable Classroo Building Motion Carried Mounds View City Council July 13, 1987 Regular Meeting Page Seven ouncilmember Quick stated that could easily be ccomplished. Councilmember Hankner explained the building will be locked when not in use, and will be handled like any other park shelter building in the City. Bill Frits, 8072 Long Lake Road, asked how the building will be heated. Mayor Linke replied there is a furnace in it already. Alice Frits, 8072 Long Lake Road, stated there had just been a discussion with Amoco Oil Co. regarding safety, yet she had not heard any decisions being made by the Council regarding the safety of the children who slide down the hill and would be going into the parking lot. The Council clarified that they have not taken action yet on where the building is to be placed, and once that is done, the safety issue will be addressed. Motion /Second: Quick /Wuori to place the portable classroom at Random Park, with the cost to come from the Park Dedication Fund. ayes 0 nays Mayor Linke stated that he would support the place- ment at Random Park, although he did not favor it origiyially, because with all things being considered, he feels there is a definite need for the residents in the southern portion of the City to have such a facility. Duane Duke, 2435 Clearview, asked if the parking lot could be placed at the corner, to keep the rest of the park open for the children. Mayor Linke replied there is a storm water inlet there, along with a holding area, so it would not be feasible. Motion /Second: Quick /Blanchard to approve the location of the building and parking lot as presented on the site plan and send it back to the Parks and Recreation Commission for their recommendations on the location of the hill. 5 ayes 0 nays Motion Carried Motion Carried Mohnds View City Council July 13, 1987 Regular Meeting Page Eight ayor Linke stated he has been in contact with Mr. aste and the people from Everest, and he believes Mr. Waste will go along with the ponding plans. Bill Frank, Everest Group, stated they would like to see some action taken by the City at this time, in order to keep to the schedule as closely as possible. He added there is no alternative to condemnation at this time, but they will continue to negotiate with Mr. Waste and are hopeful they can reach an agreement, and will not have to resort to condemnation. Motion /Second: Hankner /Quick to authorize the City Attorneys to commence with condemnation proceedings for the two properties, contingent upon the successful negotiations being completed by August 1, 1987, and authorize the Clerk /Administrator to hire an appraiser, if necessary. 5 ayes 0 nays Attorney Meyers stated he would be asking Mark Karney to handle the proceedings, if they do commence, as he has done legal business for Mr. Underdahl in the past and would consider it a conflict of interest. Motion /Second: Hankner /Wuori to approve Resolution No. 22]], establishing wages pursuant to the require- ments of Chapter 651, Minnesota Laws of 1984, and waive the reading. 5 ayes 0 nays Councilmember Hankner stated the resolution had been discussed at the previous agenda session, and she had been designated to write a letter to Staff, explaining the raises given. She noted that some employees had received very significant increases in salary, which will place a financial burden on the City, but at the same time the Council expects greater performance on the part of Staff, and they want people who will perform well, or they may have to look for employment elsewhere. Motion /Second: Hankner /Blanchard to remove this item from the table. 5 ayes 0 nays 17. Consideration of Request to Commence with Condemnation for Land Owned by Mr. Underdahl and Mr. Waste 18. Motion Carried Consideration of Resolution No. 2211 Motion Carried 19. Remove from Table and Consideration of Resolution No. 2210 Motion Carried Mounds View City Council July 13, 1987 Regular Meeting Page Nine ,Attorney Meyers reported he had received a letter from he attorney representing Tom Thumb,, responding to the City's letter requesting and easement for the improve- ment on County Road I, and the letter he received states they will be back before the City with a new request in the future. There was discussion among the Council of the issue of the easement request being combined with the rezoning and Conditional Use Permit request from Tom Thumb, and whether action should be taken at this time to deny the request, since it appears they have withdrawn it, according to their letter. Motion /Second: Quick /Blanchard to table this item. 4 ayes 1 nay Motion Carried Mayor Linke voted against the motion, stating he does feel there is a need to table this. Attorney Meyers updated the Council on recent Court 20. Report of action concerning the section of pipeline that Williams Attorney was taking to Naperville for testing. He explained that by Court order, it will sent to Columbus, Ohio ;or testing there by Buetel Industries, until September and then will be sent to Naperville until November 15, and at that came should come back to the City. He added the Statu of Minnesota has hired an observer to watch the examination and testing of the pipeline while it is in Ohio. Councilmember Hankner had no report. 21. Reports of Councilmemhers: Councilmember Hankner Councilmember Blanchard had no report. Councilmember Blanchard Councilmember Wuori had no report. Councilmember Wuori Councilmember Quick had no report. Councilmember Quick Mayor Linke reminded everyone of the Festival in Mayor Linke the Park, scheduled for July 19, at City Hall Park. Mounds View City Council July 13, 1987 Regular Meeting Page Ten finance Director Brager reported Kobra Enterprises 22. Report of -.gas requested a permit for a boxing match to be held Clerk/ at Bel Rae Ballroom on July 28. He added they have Administrator provided all the necessary documentation and fees, and the police check came back alright. Motion /Second: Quick /Hankner to grant a permit for a boxing match to Kobra Enterprises, to be held on July 28, 1987 at Bel Rae Ballroom. 4 ayes 1 nay Mayor Linke noted that Fran Leahan, who had covered the Council meetings at one time for the New Brighton Bulletin, had died the previous day, and extended the City's sympathy to his family. Mayor Linke adjourned the me ing at 9:08 PM. esp- _ctfully itted, Do Cle Pau Adminis Motion Carried 23. Adjournment