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HomeMy WebLinkAboutMinutes - 1988/04/11CITY COUNCIL MEETING CITY OF MOUNDS VIEW APRIL 11, 1988 7:00 P.M. A G E N D A 1. Call to Order 2. Pledge of Ai 3 =a iance 3. Roll Call Blanchard, Hankner, Wuori, Quick, Linke 4. Approval of Minutes: March 28, 1988 Regular Meeting (Received in 4 -4 -88 Packet) 5. Public Hearings 7:05 P.M.- Ordinance No. 440 Amending Ordinance 433 Vacating a Portion of St. Stephen Street and Drainage Ease- ment 7:10 P.M.- Request of Michael and Patricia Robinson to Relocate House from 2121 Old Highway 8, New Brighton to 8360 Pleasant View Drive 6. Residents Requests and Comments from the Floor CITIZENS: BEFORE SPEAKING PLEASE GIVE YOUR FULL NAME AND ADDRESS FOR THE MINUTES 7. Approval of the Consent Agenda ITEM A. Approve Purchase of Four Picnic Tables from Minnesota Playgrounds, Inc. at a Total Cost of $1,476.00 to be Charged to Parks Capital Equipment, 100 4360 -703 ITEM B. Approve Purchase of "Case Writer" Computer Software for Police Department from MaSys Corporation at a Total Cost of $3,675.00 to be Charged to Police Capital Equipment 100 4200 -703 ITEM C. Approve Change Order No. 1 to Contract with C.W. Ho Inc. for Mounds View Business Park Public Improvements in the Amount of $12,439.05 AGENDA PAGE TWO APRIL 11, 1988 ITEM D. Approve Purchase of 55 Water Meters from Water Products Company at a Total Cost of $2,490.00 to be Charged to Water Operations Capital Equipment, 700 4124 -703 ITEM E. Approve Resolution No. 2309 Reapportioning Assessments for Silver Lake Woods ITEM F. Approve Resolution No. 2310 Reapportioning Assessments for Silver Lake Woods ITEM G. Set Public Hearing for Monday, April 25th at 7:05 p.m. for a Conditional Use Permit for Church Upon the Rock, 7901 Red Oak Drive ITEM H. Adopt Resolution No. 2312 Approving Just and Correct Claims Against City Funds ITEM I. License for Approval General Expires 6/30/88 Pleasant Places, Inc. New Remodeling by Nelson New Heating and Air Conditioning Expires 6/30/88 Pioner Power, Inc. New Roofing Expires 6/30/88 Dodge Roofing, Inc. Renewal Sewer and Water Expires 6/30/88 Hokanson Pluming New 8. Accept Resignation of John Daniels, Jr. from Parks and Recreation Commission and Adopt Resolution No. 2308 Commending John Daniels for Dedicated Service to the Mounds View Parks and Recreation Commission 9. Consideration of Resolution No. 2311 Approving House Relocation for Michael and Patricia Robinson for 2121 Old Highway 8, New Brighton, to 8360 Pleasant View Drive, Mounds View 10. Remove from Table and Consideration of Staff Memorandum Regarding Acquisition of 8100 Groveland Road 11. Consideration of Petition for Streetlights on Woodlawn Drive Between Hillview Road and Sherwood Road and Staff Memorandum Recommending Location AGENDA PAGE THREE APRIL 11, 1988 12. Consideration of Resolution No. 2311 Approving Amendment to Development Agreement No. 87 -81 with Mounds View Business Park 13. Consideration of Staff Request to Fill Greenfield Park Near the Intersection of Hillview Road and Quinc° Street 14. First Reading of Ordinance No. 440 Amending Ordinance No. 433 Vacating a Portion of St. Stephen Street and Drainage Easement 15. Second Reading and Adoption of Ordinance No. 438 Amending the Municipal Code of Mounds View by Amending Chapter 90 Entitled, "Nuisances" 16. Report of Attorney 17. Report of Councilmembers: Blanchard, Hankner, Wuori, Quick, Linke 18. Report of Administrator 19. Adjournment CONSENT AGENDA APRIL 11, 1988 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 Purchase of Four Picnic Tables from Minnesota Playgrounds, Inc. at a Total Cost of $1,476.00 to be Charged to Parks Capital Equipment, 100 4360 -703 ITEM B. Approve Purchase of "Case Writer" Computer Software for Police Department from MaSys Corporation at a Total Cost of $3,675.00 to be Charged to Police Capital Equipment 100 4200 -703 ITEM C. Approve Change Order No. 1 to Contract with C.W. Houle, Inc. for Mounds View Business Park Public Improvements in the Amount of $12,439.05 ITEM D. Approve Purchase of 55 Water Meters from Water Products Company at a Total Cost of $2,490.00 to be Charged to Water Operations Capital Equipment, 700 4124 -703 ITEM E. Approve Resolution No. 2309 Reapportioning Assessments for Silver Lake Woods ITEM F. Approve Resolution No. 2310 Reapportioning Assessments for Silver Lake Woods ITEM G. Set Public Hearing for Monday, April 25th at 7:05 p.m. for a Conditional Use Permit for Church Upon the Rock, 7901 Red Oak Drive ITEM H. Adopt Resolution No. 2312 Approving Just and Correct Claims Against City Funds CONSENT AGENDA PAGE TWO APRIL 11, 1988 ITEM I. License for Approval General Expires 6/30/88 Pleasant Places, Inc. New Remodeling by Nelson New Heating and Air Conditioning Expires 6/30/88 Pioner Power, Inc. New Roofing Expires 6/30/88 Dodge Roofing, Inc. Renewal Sewer and Water Expires 6/30/88 Hokanson Pluming New 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 by Mayor Linke at 7:00 PM on Monday, April 11, 1988. MEMBERS PRESENT: Councilmembers Blanchard, Hankner, Wuori, Quick and Mayor Linke. ALSO PRESENT: City Attorney Meyers, Clerk /Administrator Pauley and City Planner Herman. Motion /Second: Hankner /Wuori to approve the March 28, 1988 minutes as presented. ayes 0 nays Councilmember Blanchard explained that in January, Mayor Linke had put together a committee to work on the City's 30th anniversary, and the children of the community were asked to design a button to commemorate: this occasion, and the winner selected was Kelly Jacobs, who is a 4th grade student at Pinewood Elementary. Councilmember Blanchard presented Miss Jacobs with a savings bond, and thanked he,- for the design she had made. Councilmember Blanchard explained they are considering having a City dance in early July at the Bel Rae Ballroom, and all button wearers will get in free. She added the buttons cost $1 each and are available through the Council, and will be available through City businesses soon. Savri Ayaz, 7751 Bona Road, asked the status of the nvironmental review board. DATE APPROVED: 4/25/88 Regular Meeting April 11, 1988 Mounds View City Hall 2401 Hwy. 10, Mounds View, MN 55112 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Approval of Minutes: March 28, 1988 Motion Carried Residents Requests and Comments from the Board Mounds View City Council April 11, 1988 Regular Meeting Page Two ''ouncilmember Hankner explained Staff is gathering information regarding what other Cities have done and the authority they have given to their boards. She stated she has not had time to draft anything for Mounds View yet, but hopes to work on it by next week, and she would like help from the residents to put this together. She also added that the board would have to be created by ordinance, which will take some time, but she would hope to have it in place by the end of May. Councilmember Hankner requested certain items be moved up on the agenda, as she had to leave the meeting by 8:30 PM to return to work. Councilmember Hankner reported there were differences in opinion of the residents on where they would like a streetlight placed, and she would like further time to work on this to come to an agreement that would satisfy everyone. Motion /Second: Hankner /Quick to table this item. 5 ayes 0 nays f <ttorney Meyers updated the Council on the Amoco Oil lawsuit, explaining that the Court has issued an order and has ruled in favor of the request of Amoco for a conditional use permit for construction of a filling station on Highway 10 at Silver Lake Road. He stated the Planning Commission had recommended approval of the conditional use permit, but the Council had reviewed it and denied it. Attorney Meyers advised that the Court has ordered the City to issue a conditional use permit pursuant to the ordinance, and therefore a resolution has been prepared for approval, which would include the development agreement, which will accompany the conditional use permit. He further explained that one of the considerations Amoco has agreed to is to dismiss the civil rights action against the City, which could possibly have been very costly to the City. Attorney Meyers stated he had reviewed the case to see whether an appeal would be adviseable, and he could not recommend it in this instance, and it would be very difficult, if not impossible, to overturn the Court's finding, as it was a legal decision based on the law. He pointed out the zoning was proper, and the issue was ',ranting the conditional use permit. 6. Consideration of Petition for Street- lights on Wood lawn Drive Motion Carried Mounds View City Council April 11, 1988 Regular Meeting Page Three lotion /Second: Hankner /Quick to approve Resolution Jo. 2316, as amended, contingent upon the signing of the agreement with Amoco stating that they are dropping the damages in the damage suit. 5 ayes 0 nay Councilmember Hankner stated she feels Amoco has a lack of respect for the quality of life in Mounds View, and she felt an Environmental Review Board would have been helpful to the Council with this proposal. She added she will not welcome Amoco into the City of Mounds View. Motion /Second: Quick /Hankner to remove this item from the table. 5 ayes 0 nays ity Planner Herman updated the Council on what has occurred since the last meeting, explaining the issue is whether to acquire 8100 Groveland Road, and not to discuss the Knollwood extension. She explained a building permit application has been filed by the property owner at 8100 Groveland and an extension requested, and if this lot is developed, it would make it very difficult to extend Knollwood. She also reviewed her memo of April 6 to the Council and reviewed the two financing options which Staff would recommend, to use the Silver Lake Woods project fund, or an interfund loan from the Water fund. Roy Droel, 8080 Groveland Road, stated he feels the road would go too close to his house, as it is only 10 feet from the property line right now. Councilmember Hankner explained that at this time there are no plans to put a road in, but they are contemplating the possibility of development in the future, but there is no specific design at this time. It was noted there was no one present to represent the property owner of 8100 Groveland Road. erk /Administrator Pauley explained the property owner :vas in Florida the last time they had talked, which was about 30 days ago, and he does know who the legal counsel is. Motion Carried 7. Remove from Table and Consideration of Staff Memo Regarding Acquisition of 8100 Groveland Road Motion Carried Mounds View City Council April 11, 1988 Regular Meeting Page Four ttorney Meyers explained the problem is he has requested a building permit extension, and the City has to take some type of action, and if the building permit is to be removed, they must do something. Councilmember Hankner stated it is difficult to make a intelligent decision at this time, without the owner present for the Council to talk to, as there are a lot of questions to be answered. She stated they are not certain what his plans are for subdividing the lot, and they would be creating a land locked piece of property, and she is concerned with taking visionary versus reactionary action. She also pointed out the City would lose control of the quality of the development of a road and the area if this lot is developed now. Councilmember Blanchard reminded the Council the property does not have to be land locked, as there are other alternatives to putting a road through. Councilmember Hankner stated she felt if the property owner really wanted the building permit, he should have been present for the meeting. Councilmember Quick stated he agreed, and there are any number of ways the property could be subdivided and aveloped, and if the City does not take action now, they are going to lose control of guiding the develop- ment of the area. Councilmember Hankner stated some of the property owners would like to subdivide and sell off in the future, and others are opposed, and she would only approve it if 100 percent wanted it. Attorney Meyers stated that since a building permit was issued, a public hearing should be held to determine whether the building permit should be rescinded, and then notify the property owner so that he can appear before the Council and answer their questions. Clerk /Administrator Pauley noted a hearing had been held to consider the acquisition of the property. City Planner Herman clarified that the property owner has requested an extension of the building permit itself, as the building permit was already issued. Attorney Meyers advised that a public hearing would allow the property owner an opportunity to state why he feels the extension should be granted. t°ity Planner Herman stated Staff already sent a letter to the property owner, on December 21, 1987, stating that an extension had been denied, which is what percipitated his attorney contacting the City. ouncilmember Blanchard stated they are still losing site of the fact that they are considering using tax money to purchase the property, and it could be held for years before anything was done, or any return made to the City. Councilmember Hankner stated she objects to the use of the general fund and water fund, but she feels the use of the Silver Lake Woods project fund would work, and the decision is really whether the City should be involved. Mounds View City Council April 11, 1988 Regular Meeting Page Five Councilmember Blanchard stated she has a real problem with tying up tax money for this, as it is not known whether it will be for 2 years or 20. Mayor Linke stated the question gets down to whether the City should or should not plan for the future. Attorney Meyers stated a building permit had been issued, an extension was denied, the City has been asked by the property owner's attorney on what grounds it was denied as it is a buildable lot, and if the property owner is being denied the right to build, the City could incur damages. He added a hearing would give the Council an opportunity to talk to him, or his attorney, and if he refuses to come in, then he will forego some ig ts. Cot'tcilmember Wuori pointed out the denial of the conditional use permit for Amoco was due in large part to the concern with heavy traffic, and this discussion revolves helping to control traffic in that area. She stated the City should use foresite and plan ahead. Clerk /Administrator Pauley explained how the City acquired MSA funds from the Silver Lake Woods project. Councilmember Hankner recommended the Council follow the recommendation of Attorney Meyers, and schedule a hearing for May 9, which would give ample time for the property owner and others to be notified. Motion /Second: Hankner /Quick to set a public hearing for 7:05 PM on Monday, May 9, 1988, to consider the extension of the building permit for 8100 Groveland Road, and a letter be sent to the property owner and all other interested parties in the area, informing them of this public hearing. 5 ayes 0 nays puncilmember Hankner left the meeting at 7:55 PM. Motion Carried Mounds View City Council April 11, 1988 Regular Meeting Page Six ayor Linke closed the regular meeting and opened the rirst public hearing at 7:55 PM. City Planner Herman reviewed proposed Ordinance No. 440, explaining that the County Recorders office did not agree with the legal description listed in the original ordinance, which necessitated this change. Mayor Linke closed the public hearing and reopened the regular meeting at 7:56 PM. Motion /Second: Blanchard /Wuori to have the first reading of Ordinance No. 440, amending Ordinance No. 433, vacating a portion of St. Stephen Street and drainage easement, and waive the reading. 4 ayes 0 nays Mayor Linke closed the regular meeting and opened the 10. second public hearing at 7:57 PM. City Planner Herman reviewed the request of the Robinson's to move their home onto the lot at 8360 Pleasant View Drive. She explained there is currently a garage on the '±o and the Robinson's have been informed they cannot h ave two garages at one time, and the resolution stipulates it must be removed within six months. Mayor Linke stated he was concerned that the changes proposed for the facade will bring them too close to the easement. City Planner Herman explained they will not be allowed to encroach on the easement, and they are aware of the setback requirements. Mayor Linke closed the public hearing and reopened the regular meeting at 8:01 PM. Motion /Second: Blanchard /Quick to approve Resolution No. 2311 approving the house relocation for Michael and Patricia Robinson for 2121 Old Highway 8, New Brighton, to 8360 Pleasant View Drive, Mounds View, and waive the reading. 4 ayes 0 nays 8. Public Hearing: Ordinance No. 440 9. 1st Reading of Ordinance No. 440 11. Motion Carried of Michael and Patricia Robinson to Relocate Home from 2121 Old Highway 8 to 8360 Pleasant View Drive Consideration of Resolution No. 2311 Motion Carried Mounds View City Council April 11, 1988 Regular Meeting Page Seven l otion /Second: Quick /Wuori to approve the consent agenda, as presented, and waive the reading of the resolutions. 4 ayes 0 nays Clerk /Administrator Pauley read proposed Resolution No. 2308. Motion /Second: Quick /Blanchard to approve Resolution No. 2308, accepting the resignation of John Daniels, Jr. from the Park and Rec Commission, and commending him for dedicated service to the Mounds View Parks and Rec Commission, and waive the reading. 4 ayes 0 nays City Planner Herman reviewed her memo of April 7 to the 14. Council regarding the Everest Development site plan change for Building E, and the two concerns raised at the Planning Commission meeting, to insure that the replatting of the property does take place, and concern over the creation of the berm along County Road H -2. She added the Planning Commission is very pleased with he project, and Staff is very comfortable with it also Tim Nelson, of the Everest Development Company, updated the Council on the progress of the development, stating they plan to install the berm within the next several weeks. He also noted they have not heard of any neighbor- hood complaints of blowing sand, and the contractor is keeping the area as watered down as possible. He also presented sketches of the development, showing where the changes were occurring. Mayor Linke stated he was very pleased with the progress of the development and the quality of it. Motion /Second: Blanchard /Quick to correct the resolution number in the motion under Item 11, to change it from No. 2311 to 2313. Motion /Second: Quick /Wuori to approve Resolution No. 2311, approving the amendment to Development Agreement No. 87 -81 with Mounds View Business Park, and waive the reading. 4 ayes 0 nays ayes 0 nays 12. Approval of Consent Agenda Consideration of Resolution No. 2311 Motion Carried 13. Accept Resig- nation of John Daniels, Jr. from Park and Rec Comm. and Adopt Resolution No. 2308 Motion Carried Motion Carried Motion Carried Mounds View City Council April 11, 1988 Regular Meeting Page Eight "`dark and Rec Director Saarion asked for Council approval 15. Consideration of the dumping of the 1988 City street sweepings at of Staff Re- Greenfield Park for use as fill to assist in the level quest to Fill of the land to accomodate a picnic area and assist in Greenfield easier mowing procedures. She explained this area of Park Near the park is very uneven and presented an overhead of Intersection the area, showing where they would like to place the of Hillview fill. She further explained a section of the park is Road and designated as wetland, which would require Council Quincy Street approval for the fill, even though they feel the fill would not affect the wetland in any way. Councilmember Quick questioned whether this area of the park was even a wetland, with the fillings that have been done in the past. Mr. Ayaz asked that this request be set aside for the proposed Environmental Review Board to look at. Mayor Linke explained that because the Board must be set up by ordinance, it will take a long time to get it going, and the sweepings are being kept at the public works garage now, and cannot stay there. Clerk /Administrator Pauley explained the area in question in the park has been maintained by the City nd mowed prior to the wetland ordinance. Councilmember Blanchard stated with the fill, the rain would filter through and not sit on the ground. City Planner Herman reported she had walked the area with Park and Rec Director Saarion and that it is very rocky and it needs fill in order to be mowed and maintained. Councilmember Wuori pointed out the area that needs fill is close to the buffer area and it is extremely uneven, and leveling it off would make it an easier area to walk and play in. An unidentified resident stated that in fairness to the public who is interested in wetland preservation, the Council owes it to them to have an opportunity to review this and given their input. There was discussion on whether this area was truly a wetland, with it being noted that water does not sit at all on the property. Councilmember Quick recommended directing the City A to study it and report back on the actual levels Igggf the ground. Mounds View City Council April 11, 1988 Regular Meeting Page Nine ;"'"'71erk /Administrator Pauley stated the material is being stored at the public works garage, which is the site of clean-up day, and if it is not taken to Greenfield Park soon, it will have to be taken out of the City before clean -up day. He also noted there are a limited number of places that it can be taken, and it would be at the expense of the City. Motion /Second: Quick /Blanchard to direct Staff to investigate the corner of Hillview and Quincy, with the elevation of 896, to determine the wetland and report back to the Council as soon as possible. 4 ayes 0 nays Clerk Administrator Pauley stated they could call Mr. Peterson from Ramsey County Soil and Water, to do a field evaluation, and they will try to have the informa- tion back by the April 25 Council meeting. Clerk /Administrator Pauley explained the purpose of Ordinance No. 438. Mayor Linke stated Councilmember Hankner had expressed her whole- hearted support of this ordinance before she ad left. Motion /Second: Blanchard /Wuori to have the second read- ing and adoption of Ordinance No. 438, amending the Municipal Code of Moudns View by amending Chapter 90 entitled "Nuisances and waive the reading. Councilmember Blahcard aye Councilember Wuori aye Councilmember Quick aye Mayor Linke aye Bill Frits, 8072 Long Lake Road, questioned the regula- tions on working on Sundays. Clerk /Administrator Pauley reviewed that section of the Ordinance, and stated it basically excludes single family. Motion Carried 16. 2nd Reading and Adoption of Ordinance No. 438 Motion Carried Attorney Meyers had no further report. 17. Report of Attorney Councilmember Blanchard reminded everyone that buttons 18. Reports of a for sale for the 30th anniversary, and they hope to Councilmembers: --gave them to the businesses soon. Councilmember Blanchard Mounds View City Council April 11, 1988 Regular Meeting Page Ten \':ouncilmember Wuork had no report. Councilmember Quick had no report. Mayor Linke updated everyone on the progress of the Pinewood playground and their fund raising, stating they are at approximately 90 percent of their goal, with $10- 15,000 to go. Mayor Linke reported everyone had a good time at the City appreciation dinner on April 9, and the Council presented the Pinewood playground people with the out- standing service award. ar 3 s Mr. Frits stated he objected to this and asked what the reason was for taking a viable piece of property off the tax rolls and replacing it with a non -tax paying entity. He stated there has been a business on that site for several years, and with Mounds View having the second highest tax increase in all of Ramsey County this year, with a 20 -25 percent increase, it does not make sense for the Council to take a business out which supports three families. Mayor Linke explained there were two sites being looked at in the City and the rational for choosing this site. He explained the current owner has stated to the Council and the Library Board that he is willing to sell, and he is not being forced into it. He added that this location will work better for everyone involved, and they have an opportunity here to enhance the public good and provide a library for the residents. He added one consideration outweighs another in making such a decision. Mr. Frits stated that due to the heavy traffic and the site chosen, he feels very few children will be able to walk to the library and be able to use it. l ouncilmember Blanchard stated that since the Council had just received the resolution and had not had an opportunity to review it, she would like to table it and give people time to get their questions answered. Councilmember Wuori Councilmember Quick Mayor Linke Clerk /Administrator Pauley reviewed proposed Resolution 19. Report of No. 2315, supporting the library site for the Mounds View Clerk/ branch library. Administrator Motion /Second: Linke /Quick to approve Resolution No. 2315, supporting theRamsey County library board site selection for the Mounds View branch library, and waive the reading. 0 nays Motion Carried ie Iotion: Blanchard to table this resolution for two weeks. Mounds View City Council April 11, 1988 Regular Meeting Page Eleven Mayor Linke adjourned the meeting at 8:49 PM. 20. Adjournment The motion died for lack of a second. Clerk /Administrator Pauley reminded the Council he would be absent on April 12 and 13, as he could be attending a strategic planning conference. Respectfully submitted, Don Clerk Pau ey dministra Motion Failed