Loading...
HomeMy WebLinkAboutMinutes - 1987/12/14CITY COUNCIL MEETING CITY OF MOUNDS VIEW' DECEMBER 14, 1987 7:00 p.m. AGENDA 1. Call to Order 2. Pledge of Allegiance 3. Roll Call Blanchard, Wuori, Quick, Hankner, Linke 4. Presentation of "Buy -A- Board" Program by Pinewood School Playground Committee and Consideration of Resolution No. 2271 5. Approval of Minutes: November 23, 1987 Regular Meeting (Received in 12 -07 -87 Packet) 6. Residents Requests and Comments From The Floor CITIZENS: BEFORE SPEAKING PLEASE GIVE YOUR FULL NAME AND ADDRESS FOR THE MINUTES 7. Approval of Consent Agenda ITEM A. Approve Partial Payment of $67,165.74 to Cottonwood Construction for Public Works Garage Addition ITEM B. Authorize Advertisement of Public Works Director /City Engineer Position ITEM C. Adopt Resolution No. 2265 Approving Minor Subdivisions for Simon T. Simon, 7821 Groveland Road, Mounds View Planning Case No. 228 -87 ITEM D. Approve Hiring of Temporary Replacement for Accounting Clerk for a Period of Not More than 90 Days at a Rate Not to Exceed $13.00 Per Hour ITEM E. Set Public Hearing for 7:05 p.m., December 28, 1987 to Consider Ordinance No. 433 Amending Ordinance No. 359 Vacating a Portion of St. Stephen Street and Drainage Easement ITEM F. Approve Issuance of Silver View Plaza Certificate of Occupancy ITEM G. Set Public Hearing for 7 :10 p.m., December 28, 1987 for Conditional Use Permit for Oversized Accessory Building, Odas Newton, 8319 Groveland Road AGENDA PAGE TWO DECEMBER 14, 1987 ITEM H. Adopt Resolution No. 2270 Approving Just and Correct Claims Against City Funds ITEM I. Licenses for Approval General Expires 6/30/88 Berry Construction New Construc -A11 Corporation New Coronado Stone New Jim Dickey Remodeling New Everest Construction Company New Donald Karpinski New Master Home Improvements New Minnesota Exteriors New Excavating Expires 6/30/88 Glenn Rehbein Excavating, Inc. New Heating and Air Conditioning Expires 6/30/88 Ferraro Heating, Inc. new Unique Air, Inc. New Boxing Expires 12/15/88 Kobra Enterprises New Used Auto Sales Expires 12/31/88 Kevin Mullins Renewal Gasoline Stations Expires 12/31/88 Neico Corporation (M. V. Food Shop) Renewal Brooks Superettes, Inc.- Renewal The Kunz Oil Company (Highway 10K) Renewal The Kunz Oil Company (Mounds View K) Ren. Clark Oil Refining Company Renewal SuperAmerica Renewal Non Intoxicating Malt Liquor Off -Sale Exp. 12/31/88 Brooks Superette Renewal Country Club Market Renewal Tom Thumb 2408 Cty. Rd. I Renewal Tom Thumb Knollwood Renewal Non Intoxicating Malt Liquor On -Sale Exp. 12 -31 -88 Bel -Rae Ballroom Renewal Bowling Alley Expires 12/31/88 Mermaid, Inc. Renewal AGENDA PAGE THREE DECEMBER 14, 1987 ITEM I. Licenses for Approval Continued Amusement Devices Expires 12/31/88 American Amusement Arcades Renewal Loose Ends Mermaid, Inc. POV's 8. Consideration of Final Actions on Mounds View Business Park a. Approval of Contract for Private Redevelopment b. Approval of Development Agreement No. 87 -81 c. Approval of Resolution No. 2273 Providing the Issuance and Public Sale of $6,000,000 Taxable General Obligation Tax Increment Bonds, Series 1988A of the City of Mounds View, Minnesota d. Table Consideration of Bids for Public Improvements to January 11, 1988 9. Consideration of Wetland Alteration Permit and Preliminary Plat for Greenfield Estates 10. Remove from Table and Consideration of Sewer and Water Contractors License for Schulties Plumbing 11. Approve Resolution No. 2268 Authorizing Budget Transfers for 1987 Salary Adjustments 12. Approve Resolution No. 2269 Approving Extension of A Conditional Use Permit for Kunz Oil Company, 2901 Highway 10 13. Approve Agreement Between Twin City Testing and the City of Mounds View for Storage of Pipe erections at a Cost of 5240.00 Per Month 14. Second Reading and Adoption of Ordinance No. 431 Amending the Municipal Code of Mounds View By Amending Chapter 40 Entitled, "Zoning" 15. Approve Change Orders to Public Works Garage Addition Contract in the Amount of $3,245 per Recommendation of Architect Dated November 25, 1987 16. Report of Attorney 17. Report of Councilmembers: Blanchard, Wuori, Quick, Uankner, Linke AGENDA PAGE FOUR DECEMBER 14, 1987 18. Report of Administrator 19. Adjournment CONSENT AGENDA DECEMBER 14, 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. Approve Partial Payment of $67,165.74 to Cottonwood Construction for Public Works Garage Addition ITEM B. Authorize Advertisement of Public Works Director /City Engineer Position ITEM C. Adopt Resolution No. 2265 Approving Minor Subdivisions for Simon T. Simon, 7821 Groveland Road, Mounds View Planning Case No. 228 -87 ITEM D. Approve Hiring of Temporary Replacement for Accounting Clerk for a Period of Not More than 90 Days at a Rate Not to Exceed $13.00 Per Hour ITEM E. Set Public Hearing for 7:05 p.m., December 28, 1987 to Consider Ordinance No. 433 Amending Ordinance No. 359 Vacating a Portion of St. Stephen Street and Drainage Easement ITEM F. Approve Issuance of Silver View Plaza Certificate of Occupancy ITEM G. Set Public Hearing for 7:10 p.m., December 28, 1987 for Conditional Use Permit for Oversized Accessory Building, Odas Newton, 8319 Groveland Road ITEM H. Adopt Resolution No. 2270 Approving Just and Correct Claims Against City Funds ITEM I. Licenses for Approval General Expires 6/30/88 Ber Construction New Construc -A11 Corporation New Coronado Stone New Jim Dickey Remodeling New Everest Construction Company New Donald Karpinski New Master Home Improvements New Minnesota Exteriors New Excavating Expires 6/30/88 Glenn Rehbein Excavating, Inc. New CONSENT AGENDA PAGE TWO DECEMBER 14, 1987 Heating:, and Air Conditioning Expires 6 /30/88 Ferraro Heating, Inc. new Unique Air, Inc. New Boxing Expires 12/15/88 Kobra Enterprises New Used Auto Sales Expires 12/31/88 Kevin Mullins Renewal Gasoline Stations Expires 12/31/88 Neico Corporation (M. V. Food Shop) Renewal Brooks Superettes, Inc.- Renewal The Kunz Oil Company (Highway 10K) Renewal The Kunz Oil Company (Mounds View K) Ren. Clark Oil Refining Company Renewal Super_Ame_ Renewal Non Intoxicatinq Malt Liquor Off -Sale Exp. 12/31/88 Brooks Superette Renewal Country Club Market Renewal Tom Thumb 2408 Cty. Rd. I Renewal Tom Thumb Knollwood Renewal Non Intoxicating Malt Liquor On -Sale Exp. 12 -31 -88 Bel -Rae Ballroom Renewal Bowling Alley Expires 12/31/88 Mermaid, Inc. Renewal Amusement Devices Expires 12/31/88 American Amusement Arcades Renewal Loose Ends Mermaid, Inc. POV's PROCEEDINGS OF THE CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA It was noted Councilmember Hankner was absent on vacation. ALSO PRESENT: City Attorney Meyers and Clerk/ Administrator Pauley, City Planner Herman Mary Bradley, of the Pinewood School Playground Committee, updated the Council on the progress they have made in the design and beginning fund- raising for the playground at Pinewood, and she introduced three student representatives from the children's committee. Ms. Bradley presented a sketch of the planned playground which had been received from the architect and she invited the Mounds View Park and Rec Commission to make any suggestions they might have to the Committee. Ms. Bradley stated they are recruiting volunteers at this time, and have 85 percent of the required number so far. She explained the value of the playground will be $120,000 to $140,000 when it is completed, and they hope to cut up to 2 /3rds of the cost by using volunteer labor, and they hope that donated materials will reduce the cost even more. Ms. Bradley and the student representatives reviewed the fund raising ideas that have been approved so far, and they presented the Council with a penny jug, which will be left on the counter at City Hall. Clerk /Administrator Pauley read proposed Resolution No. 2271. Date Approved: December 28, 1987 Regular Meeting December 14, 1987 Mounds View City Hall 2401 Hwy. 10, Mounds View, MN 55112 The Mounds View City Council was called to order by 1. Call to Mayor Linke at 7:04 PM on Monday, December 14, 1987. Order The Pledge of Allegiance was said. 2. Pledge of Allegiance MEMBERS PRESENT: Councilmembers Blanchard, Wuori, 3. Roll Call Quick and Mayor Linke. 4. Presentation of "Buy -A- Board" Program by Pinewood School Play- ground Committee and Considera- tion of Rslt. No. 2271 Mounds View City Council December 14, 1987 Regular Meeting Page Two Motion /Second: Wuori /Quick to approve Resolution No. 2271, supporting the efforts of the Pinewood School Playground Committee. 4 ayes 0 nays Motion Carried Pauley read three amendments Councilmember Hankner had asked be made to the minutes of November 23. Motion /Second: Blanchard /Quick to approve the November 23, 1987 minutes as amended. 4 ayes 0 nays Motion Carried Pat Rickaby, 8343 Groveland Road, read a list of comments and concerns regarding the drainage ditch that was cleaned in the area of the proposed Harstad development, and asked whether a cost benefit study had been done prior to that work. She also asked if anything had been done to find the file of comments from the Planning Commission regarding sections of the City Code to be worked on, which had been compiled by Steve Thatcher when he worked for the City, but had not been located since he had left. Mayor Linke explained the ditcI} in question is the final outlet that serves 200 acres of the drainage basin, and if the ditch was filled, there would be massive drainage problems in the area. He added that the Rice Creek Watershed District had agreed the ditch needed to be cleaned, and it was difficult to determine a cost benefit, and if it was not cleaned, what that damage cost would be. He stated he felt the sum spent to clean the ditch was small and helped the whole drainage area. Mayor Linke stated that the Council had not heard about the missing documents, but he added that in any business documents do get lost, and the City has implemented policies to have better control over documents at City Hall. He added it is time to let bygones be bygones. Steve Thatcher stated that when he left, the files on comprehensive land use and rezoning were left in both the left and right drawers of his desk. Mayor Linke noted there had been a four to five month period between Mr. Thatcher's employment with the City and the hiring of Ms. Herman, and that many people were in that office during the interim. 5. Approval of Minutes: November 23, 1987 6. Residents Requests and Comments from the Floor Mounds View City Council December 14, 1987 Regular Meeting Page Three Clerk /Administrator Pauley read the items on the proposed consent agenda. Motion /Second: Wuori /Blanchard to approve the consent agenda, as presented, and waive the reading of the resolutions. 4 ayes Clerk /Administrator Pauley presented an overhead projection of the proposed project, and he gave a brief history of the negotiations the City had been doing with the developer over the preceeding two years. He added that everything is in order now and outlined the steps for the Council to follow to approve the project. Motion /Second: Quick /Wuori to approve the contract for private redevelopment for the Mounds View Business Park. 4 ayes 0 nays Motion /Second: Blanchard /Quick to approve Development Agreement No. 87 -81, for the Mounds View Business Park. 4 ayes 0 nays Motion /Second: Wuori /Quick to approve Resolution No. 2273, providing the issuance and public sale of $6,000,000 taxable general obligation tax increment bonds, Series 1988A, of the City of Mounds View, Minnesota, and waive the reading. 4 ayes 0 nays Motion /Second: Quick /Blanchard to table consideration of the bids for public improvements for the Mounds View Business Park to January 11, 1987. 4 ayes 7. Approval of Consent Agenda 8. Consideration of Final Actions on Mounds View Business Park Clerk /Administrator Pauley reported Councilmember 9. Consideration Hankner had requested that a statement be read into of Wetland the minutes, in her absence, regarding the wetlands Alteration alteration permit and preliminary plat for Greenfield Permit and Estates, and he read the statement: Preliminary Plat for "Although I am not able to be in attendance, I want Greenfield it noted in the minutes that I would vote "no" on the Estates Greenfield Estates project. After m'ich study and review by Barr Engineering I have be'2n presented with information or evidence that indicates that the 0 nays Carred Motion Carried Motion Carried Motion Carried 0 nays Motion Carried Mounds View City Council December 14, 1987 Regular Meeting Page Four proposal is not in compliance with the City's Wetland Ordinance. The boundary of the wetland is not accurate on the developer's plat. Of great importance and concern to me is the fact that the Army Corp of Engineers permit has been rescinded. Given these concerns and other questions raised by Barr, I don't think that the Council can possibly approve this proposal as it is before us today. I urge other members of this Council to vote "no Jim Senden, representing the Harstad Company on the Greenfield Estates project, reviewed the history of the project over the past year, stating they have granted the City extensions twice, and that on November 16, the City's consultant presented a verbal report regarding the project and requesting the Harstad Company to do additional studies and make changes to the preliminary plat. He stated this was done, as requested, at a cost to the Harstad Company, and was presented to the City on December 4. He further stated that on December 7, the Council considered the revised documents and decided additional time was needed to study the changes, and at that time, Barr Engineering presented a partial report, and the Council felt then, and Harstad Company agreed, that more time was needed to study some of the changes. Mr. Senden stated they acknowledge that some of the changes were necessary due to some errors made in the original calculations, and he requested a 30 day extension of time for the City to consider the new material, stating that it should be presented and fully considered before any action is taken on the matter. Mr. Senden reviewed some of the changes that had been made, and he discussed the impact of the ditch on the property, stating they do not need an outlet or ditch for this development, but they did allow the City an access easement so that the ditch could be cleaned. Mr. Senden explained that one of the items Barr had requested be done was to have the area of the development restaked, which was done, and in the restaking, it was decided some of the boundries would have to be moved in some areas, which would then change the layout. He reviewed those changes that were subsequently made, due to both the recon- figuration and to meet requests of the area residents. He stated they are still proposing outlots A and B be deeded to the City to offset their variance request. Mounds View City Council December 14, 1987 Regular Meeting Page Five Mr. Senden stated one of the items Barr had requested additional :information on was the phosphorous stripping capacity of the wetland. Steve Thatcher, of Merila and Associates, presented the Council with a report detailing the phosphorous production and phosphorous stripping capacity of the wetland, and he made a lengthy presentation of the data in the report. Mr. Senden stated that in view of the extensive data they have presented, they would like the City to submit it to Barr Engineering for their analysis, and he added they would also like Barr to submit a full report, in writing, as was asked for by the Council originally. He stated that when Harstad Company had agreed to the two extensions, it was with the understanding that Barr would be looking into the concerns expressed by the citizens and Staff, and they would now like an opportunity to review Barr's findings, and have the benefit of an independent consultants review. Mr. Senden requested the Council review and consider the new data, all the changes the developer has made so far, and the Barr Engineering report, before making any decision. He added he would also like additional time to study the Barr report, as well as their responses to what Harstad Company has done to meet their requests. Mr. Senden asked for a 30 day extension of time, as a period during which Staff and the consultants could review the additional information. Mayor Linke clarified the second extension was asked for so that the Council could address the project and take action at a regular meeting, which would be cable cast, and have minutes taken. He also stated that while Harstad Company has said they would give wetland in exchange for the requested variance, Chapter 48.05, Subd. 4 states the developer is required to give an easement, and he read from the Chapter. Mr. Senden explained they would give a warrantee deed rather than an easement. Mayor Linke stated that while Mr. Senden has requested 3 30 day time extension, the Council would need closer to 60 to 90 days to review all the new information, considering the upcoming holidays and schedule. He added there is a great deal of data to review, and the plan has changed considerably over what was originally presented. Mounds View City Council December 14, 1987 Regular Meeting Page Six Councilmember Blanchard stated she was very opposed to another extension, as they have told the citizens that a decision would be made this evening on the preliminary plat. She further stated she agreed with Mayor Linke that a 30 day extension was not enough time to review all the new data submitted, and the changes made. She added that Barr Engineering was very rushed to do their initial report in 45 days. Councilmembers Quick and Wuori stated they both agreed with the comments made by Mayor Linke and Councilmember Blanchard. Councilmember Blanchard asked Mr. Senden if the Army Corps of Engineers had rescinded their approval. Mr. Senden replied they had, however, they should be able to grant a new approval within 20 days. He also pointed out to the Council that very few preliminary plats are submitted that do not change a great deal, and that it is a working process to get everything in order. He also pointed out the final plat can change. Mr. Senden stated that Barr Engineering has all the data, so it should not take them long to submit their findings in writing. Mayor Linke pointed out the preliminary plat has changed considerably and would require time to look at all the changes. Mr. Senden stated Barr is familiar with the new plat, and most of the changes were based on recor_imendations they had made. He added there is no reason to cut this off before everything has been reviewed. Jim Sandidge, 7817 Bona Road, stated none of the citizens have had an opportunity to review the changes made, and he recommended the developer submit a com- pletely new proposal. He emphasized how this proposed development will impact where they live, and the City itself, and he read a letter received by Mr. Ayaz from the Ramsey Soil and Water Conservation District, stating they believe they have been misrepresented by the developer, and they have never taken a position or given an approval to this development. Mr. Senden explained their contact with the Ramsey Soil and Water Conservation District had been on -site, where they agreed to the staking of the boundries by the Corps of Engineering, and nothing had been submitted to them as their approval was not required. Mayor Linke read a memo from Clerk /Administrator Pauley to the Council, dated D ^•comber regarding the letter from the Ramsey County Soil and Water Conservation District. Mounds View City Council December 14, 1987 Regular Meeting Page Seven Councilmember Blanchard reiterated that she feels there have been substantial changes made to the plat. Mr. Senden asked that the Council be aware the development must take place in winter, when the ground is frozen, and if they are required to start over with the Planning Commission, they will miss a full season of development, and it would be a substantial hardship for the developer, and would deny him the right to develop his property. He pointed out they have responded to all the City's requests, and have spent a good deal of money doing so, and any changes made have actually enhanced their proposal. He stated the Council owes it to the developer to consider what they have done, especially since the Council asked them to do it. Mayor Linke explained there are certain things that cannot be done within the wetland ordinance, and it is up to the Council to decide if what the developer plans on doing goes along with the ordinance, and in order to do that, they have asked for assistance from an outside consultant. He added he can understand the time constraints, but the Council does not want to be hasty or make any bad decisions just for the sake of expediency. He stated there have been major changes, and while many were suggested by Staff or the consultant, they must still take the time to review them and make sure they meet the Code. Motion /Second: Blanchard /Wuori to deny the preliminary plat and wetlands alteration permit for Greenfield Estates, based upon the following grounds, that the Corps of Engineers has rescinded their original permit for the plat, that the plat does not accurately reflect the wetlands boundaries as determined by the consultants and the Corps of Engineers, that the wetland, after development, would not meet the phosphorous stripping requirement of the wetlands ordinance, specifically 48.06, Subd. 3,A,2, and the lot size and frontage for the development does not meet the minimum lot size and frontage requirements of Chapter 48, specifically 48.05, Subd. 5, A and B. Also, the proposed amendment of the plat, as submitted by the developer, is in the opinion of the Council, to have substantial changes in the plat because the number of lots have changed, the wetland boundaries have been altered, and the addition or change in the size and location of the holding ponds. 4 ayes 0 nays Motion Carried Mounds View City Council Regular Meeting Councilmember Wuori stated that due to the substantial changes that had been made to the preliminary plat, she felt it was a much simpler way to go back to square one. She added the information is very technical, and the Council is not engineers, and they need to call on experts for their opinion. Mayor Linke stated the Council is not denying the use of the land, but they are caught between a rock and a hard spot, and they need to start over and look at the new information, so that when it is presented again, everything should go through smoother and faster, and the ordinance requirements will be met. Councilmember Quick stated he agreed with the comments made by Councilmember Wuori and Mayor Linke, and he felt the Council must deny the prelimary plat tonight and allow the developer to come back with another proposal. Motion /Second: Quick /Blanchard to remove this item from the table. 4 ayes 0 nays Mayor Linke explained this item was removed from the consent agenda at the November 23 meeting, and was discussed at the last agenda session. Motion /Second: Quick /Blanchard to deny the sewer and water contractors license renewal for Schulties Plumbing. 2 ayes 2 nays Councilmember Wuori and Mayor Linke voted against the motion. City Attorney Meyers advised that as the motion did not have a majority vote, it had failed, and if a license renewal was to be granted, that motion would also need a majority votes. Councilmember Quick stated he had had previous experience with this contractor, which was very negative, and he does not feel he should be allowed to do busin.ss in the City. December 14, 1987 Page Eight 10. Remove from Table and Consideratin of Sewer and Water Contrac- tors License for Schulties Plumbing Motion Carried Motion Failed Mounds View City Council December 14, 1987 Regular Meeting Page Nine Mayor Linke stated no other complaints had been received at City Hall regarding Schulties Plumbing. Clerk /Administrator Pauley reported the Better Business Bureau did not have a record of complaints on file either. Councilmember Wuori stated it is very important for citizens to let City Hall and the Better Business Bureau know when there is a problem with contractors, as that input will be considered in granting licenses. Motion /Second: Linke /Wuori to grant a license to Schulties Plumbing for sewer and water contracting. 3 ayes 1 nay Councilmember Quick voted against the motion. Clerk /Administrator Pauley reviewed proposed Resolu- tion No. 2268, which would authorize the budget transfer for 1987 salary adjustments, explained it was necessitated by Comparable Worth, and this resolution would be formal action to bring the books into balance. Motion /Second: Quick /Wuori to approve Resolution No. 2268, authorizing budget transfers for 1987 salary adjustments, and waive the reading. 4 ayes 0 nays Motion Carried Mayor Linke stated it is about time the City finishes Comparable W orth, and now that the City is in compliance, everything should go smoothly. Planner Herman reported Kunz Oil Company received a conditional use permit in 1986 for redevelopment of their property at 2901 Highway 10, and the time has run out for that permit, so they have requested an extension. She explained they appeared before the Planning Commission to request a one year extension, and they have made changes to their plan, mainly in upgrading the landscaping, and the Planning Commission recommends approval of a one year extension. Shc noted that the proposed redevelopment complies with the zoning code dnd Staff recommedds approval. Councilmember Wuori clarified that the sign will be on a pole, and not mounted above the canopy, as shown in the picture presented. The representative from Kunz Oil Company assured the Council the signs would be on poles, and the pictures were merely to show what the signs would look like. Motion Carried 11. Approval of Resolution No. 2268 12. Approval of Resolution No. 2269 Mounds View City Council December 14, 1987 Regular Meeting Page Ten Motion /Second: Blanchard /Wuori to approve Resolution No. 2269, approving the extension of a conditional use permit for Kunz Oil Company, 2901 Highway 10, and waive the reading. 4 ayes 0 nays Mayor Linke noted the removal of the 6' fence and additional landscaping and the addition of a 4' fence is a much better plan. Councilmember Quick stated he was also happy with the changes in the plan. Clerk /Administrator Pauley explained the remaining sections of pipeline which were removed after the explosion on Long Lake Road in July of 1986 have been returned to the City, and are being kept by Twin City Testing, who has requested the City enter into an agreement to rent storage space at a cost of $240 per month. He stated Attorney Meyers has reviewed the agreement and found it acceptable. He also noted they will be moving the storage boxes of pipeline sections to the Public Works garage, once that is ready and secure, sometime after the first of the year. Motion /Second: Quick /Blanchard to approve the agree- ment between Twin City Testing and the City of Mounds View for storage of pipe sections at a cost of $240 per month. 4 ayes 0 nays Clerk /Administrator Pauley stated the pipe is evidence in the City's case against Williams Pipeline Company, and it is imperative they keep it secure. Clerk /Administrator Pauley explained the purpose of the proposed ordinance is to include the difference in the zoning code between a delicatessen and restaurant. Attorney Meyers advised a 4 /5ths vote of the entire Council is needed, so all four members present would have to vote in favor of the ordinance in order to pass it. Motion /Second: Quick Wuori to have the second reading and adoption of Ordinance No. 431, amending the municipal code of Mounds View by amending Chapter 40 entitled "Zoning and waive the reading. Motion Carried 13. Approval of Agreement Between Twin City Testing and City of Mounds- View for Storage of Pipe Sections 14. Second Reading and Adoption of Ordinance No. 431 Motion Carried Mounds View City Council December 14, 1987 Regular Meeting Page Eleven 4 ayes 0 nays Councilmember Councilmember Councilmember M yor Linke Blanchard aye Wuori aye Quick aye aye Councilmember Quick stated he feels the ordinance provides control over not having fast food types of operations in the shopping center. Clerk /Administrator Pauley reported that some items 15. on the Public Works garage addition that were originally planned to be done by Staff were now going to be done by the contractor, due to time constraints of Staff and the limited ability of Staff to do the work, and he requested Council approval of change orders amounting to $3,245 for the installation of the door going into the locker room, and the filling tanks. Motion /Second: Quick /Blanchard to approve the change orders to the Public Works garage addition contract in the amount of $3,245, per the recommendation of the architect dated November 25, 1987. Attorney Meyers reported the acquisition of certain right -of -ways relative to the Mounds View Business Park, and they would be doing a quick take of the Robert Waste property, which would necessitate a deposit with the court of the approved value of the right -of -way. He asked the Council to authorize the Mayor and Treasurer to make a check payable to the Clerk of District Court, in the amount of $76,900, for the right -of -way. He added that after the deposit is made, and the appropriate procedures followed, the property will become the City's. Clerk /Administrator Pauley reviewed the case of the acquisition of property from Russ Underdahl, which is being handled by Attorney Mark Karney. He stated Mr. Underdahl is debating the appraised value of the property, which is $20,000. The funds for the acquisition would come from the special projects fund, and would be returned, with lost interest, after the tax increment financing has been completed. He explained both the City and developer had tried extensively to negotiate a price with both owners but were not ably tc comn to an agreement. Attorney Meyers reviewed how the interest would be disbersed on the funds deposited with the Court and he clarified that the interest would go to the owners of the property. Motion Carried Approee Change Orders to Public Works Garage Addn. Motion Carried Report of Attorney Mounds View City Council Regular Meeting Mayor Linke explained why the two pieces of property were needed for the Mounds View Business Park. Motion /Second: Quick /Wuori to approve the payment of $96,900 to the Clerk of District Court for the quick take on the Robert Waste and Russ Underdahl properties. 4 ayes 0 nays Councilmember Blanchard reported she had verbally 17. Reports of stated at the last agenda session that the residents Councilmembers:i of Scotland Green had requested a loading zone in front Councilmember i of the apartment buildings, and they have since sent Blanchard a letter of request. Clerk /Administrator Pauley stated he would look into it. Councilmember Wuori had no report. Councilmember Quick had no report. Mayor Linke reported that no work will occur at the Mounds View Business Park after 7 PM on the end of the property closest to the residents on County Road H2, but that they will be working late on the south end of the site. Mayor Linke asked Clerk /Administrator Pauley to contact the cuncractor regarding getting the large white truck moved from Bona and County Road I, as it is visually blocking the intersection. Clerk /Administrator Pauley replied he had asked that it be done last Friday, and he will call them again. Mayor Linke inquired why Channel 16 was off the air over the weekend. Clerk /Administrator Pauley explained they had head end difficulties, and the equipment at City Hall was in full operation, but the problems were outside their control. Mayor Linke stated that the broadcast of this evenings meeting had had difficulties, but the meeting was fully taped and would be rebroadcast, and anyone interested in the time could call City Hall tomorrow for the time. December 14, 1 987 Page Twelve Motion Carried Councilmember Wuori Councilmember Quick Mayor Linke Mounds View City Council Regular Meeting i Mayor Linke stated that Barr Engineering gave a verbal report to the Council on December 7, but some of the items covered were not included in the written report provided later, and he would like to get everything in writing from them, to use when the Council looks at the resubmission on Greenfield Estates. Mayor Linke stated the penny jug for Pinewood would be at City Hall, and he encouraged people to buy boards for the playground. Mayor Linke adjourned the meeting at 9:47 PM. 19. Adjournment tfully subm'tted, Bill Frits, 8072 Long Lake Road, stated the fence which was moved from around the holding pond at the west end of County Road I, by the shopping center, had not been put back into place, and he was concerned with children being able to get in and get on the ice. Clerk /Administrator Pauley stated he would check into it and make sure the fence was put back in place. Clerk /Administrator Pauley had no report. f Do .id F. Pa ley Cler Administrator December 14, 1987 Page Thirteen 18. Report of Clerk/ Administrator Please read this statement and add to the minutes. Although I am not able to be in attendance I want it noted in the minutes that I would vote "no" on the Greenfield Estates project. After much study and review of by Barr Engineering I have been presented with information or evidence that indicates that the proposal is not in compliance with the citiy's Wetland Ordinance. The boundary of the wetland is not accurate on the developer's plat. Of great importance too --me and concern to me is the fact that the Army Corp of Engineers permit has been rescinded. Given these concerns and other questions raised by Barr I don't think that the council can possibly approve this proposal. I urge other membe,s of this council to vote "no Ad wo