HomeMy WebLinkAboutMinutes - 1988/07/25CITY COUNCIL MEETING
CITY OF MOUNDS VIEW
JULY 25, 1988
6:00 P.M. Executive Session with City Attorney Meyers
Regarding Williams Pipeline Litigation
A G E N D A
7:00 P.M.
1. Call to Order
2. Pledge of Allegiance
3. Roll Call Quick, Blanchard, Hankner, Wuori, Linke
4. Approval of Minutes: July 11, 1988, Regular Meeting
(Received in 7 -11 -88 Packet)
July 18, 1988, Special Meeting
(Enclosed)
5. Residents Requests and Comments From The Floor
CITIZENS: BEFORE SPEAKING PLEASE GIVE YOUR FULL NAME
AND ADDRESS FOR THE MINUTES
6. Public Hearings: 7:05 P.M. Major Subdivision for
Greenfield Estates, Planning Case No.
213 -87
7. Approval of Consent Agenda
7:10 P.M. Ordinance No. 447 Amending
the Mounds View Municipal Code By
Amending Chapter 48 Entitled, "Wetland
Zoning Ordinance"
ITEM A. Approve Resolution No. 2357 Authorizing the
Release of a Performance Bond for Development
Agreement No. 87 -80, Silver View Plaza
ITEM B. Adopt Resolution No. 2358 Entitled, "Resolution
of Appreciation to Mark Simons"
ITEM C. Approve Pay Estimate No. 4 in the Amount of
$140,815.78 to C. W. Houle for Mounds View
Business Park Public improvement to be Chargeu
to Tax Increment Fund
ITEM D. Adopt Resolution No. 2359 Approving Just and
Correct Claims Against City Funds
AGENDA
JULY 25, 1988
PAGE 2
ITEM E. Licenses for Approval
Asphalt Expires 6/30/89
Asphalt Specialties Renewal
Buck Blacktop, Inc. Renewal
Northern Asphalt Construction, Inc. Renewal
General Expires 6/30/89
John Murphy Builders Renewal
North Central Builders Renewal
Preferred Builders Renewal
Heating Air Conditioning Expires 6/30/89
Beamish Heating Air Conditioning New
Pierce Refrigeration Renewal
Sharp Heating Air Conditioning, Inc. New
Fence Installation Expires 6/30/89
Century Fence Company New
D. W. Fencing Renewal
Excavating Expires 6/30/89
C. W. Houle, Inc. Renewal
8. Second Reading and Adoption of Ordinance No. 444
Entitled, "An Ordinance Amending the Municipal Code of
Mounds View By Amending Chapter 48 Entitled, "Wetland
Zoning Ordinance"
9. Second Reading and Adoption of Ordinance No. 445
Entitled, "Amending the Municipal Code of Mounds View By
Amending Chapter 40 Entitled, Zoning"
10. Second Reading and Adoption of Ordinance No. 446
Entitled, "An Ordinance Amending the Municipal Code of
Mounds View by Amending Chapter 47, Entitled, House and
Building Numbers"
11. Consideration of Resolution No. 2360 Approving Agreement
with MnDOT for Traffic Signal Revisions on T.H. 10
12. Consideration of Request for Placement of "No Parking"
Signs on the East Side of Fairchild Avenue From Ardan
Avenue North to the North End of Groveland Park
13. Consideration of Resolution No. 2361 Approving Occupancy
Permit for Building A, Mounds View Business Park
14. Consideration of Request for Major Subdivision,
Greenfield Estates, Planning Case No. 213 -87
AG T: o 0A
JULY 25, 1988
PAGE 3
15. Consideration of Ordinance No. 447 Amending the Mounds
View Municipal Code By Amending Chapter 48 Entitled,
"Wetland Zoning Ordinance"
16. Consideration of Resolution No. 2362 Commending Tony
Jambor for Community Service
17. Report of Attorney
18. Report of Councilmembers: Quick, Blanchard, Hankner,
Wuori and Linke
19. Report of Administrator
20. Adjournment
CONSENT AGENDA
JULY 25, 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 be removed
from the Consent Agenda and placed upon the Regular Agenda
for debate.
ITEM A. Approve Resolution No. 2357 Authorizing the
Release of a Performance Bond for Development
Agreement No. 87 -80, Silver View Plaza
ITEM B. Adopt Resolution No. 2358 Entitled, "Resolution
of Appreciation to Mark Simons"
ITEM C. Approve Pay Estimate No. 4 in the Amount of
$140,815.78 to C. W. Houle for Mounds View
Business Park Public Improvement to be Charged
to Tax Increment Fund
ITEM D. Adopt Resolution No. 2359 Approving Just and
Correct Claims Against City Funds
ITEM E. Licenses for Approval
Asphalt Expires 6/30/89
Asphalt Specialties Renewal
Buck Blacktop, Inc. Renewal
Northern Asphalt Construction, Inc. Renewal
General Expires 6/30/89
John Murphy Builders Renewal
North Central Builders Renewal
Preferred Builders Renewal
Heating Air Conditioning Expires 6/30/89
Beamish Heating Air Conditioning New
Pierce Refrigeration Renewal
Sharp Heating Air Conditioning, Inc. New
Fence Installation Expires 6/30/89
Century Fence Company New
D. W. Fencing Renewal
Excavating Expires 6/30/89
C. W. Houle, Inc. Renewal
The Mounds View City Council was called to order by
Mayor Linke at 7:00 PM on Monday, July 25, 1988.
The Pledge of Allegiance was said.
MEMBERS PRESENT: Councilmembers Quick, Blanchard,
Hankner, Wuori and Mayor Linke.
ALSO PRESENT: City Attorney Meyers, Clerk /Admini-
strator Pauley and City Planner Herman.
Motion /Second: Hankner /Blanchard to approve the July
11, 1988 minutes as amended.
r-; a 5 ayes 0 nays
5 ayes 0 nays
PROCEEDINGS OF THE CITY COUNCIL
CITY OF MOUNDS VIEW
RAMSEY COUNTY, MINNESOTA
Motion /Second: Hankner /Quick to approve the July 18,
1988 minutes as presented.
Clerk /Administrator Pauley explained the purpose of
the special meeting of July 18 had been to approve the
agreement between the City of Mounds View and Ramsey
County concerning the sharing of road repair costs
related to the Silver Lake Road sanitary sewer repair,
and to set an executive session with the City Attorney
relative to the Williams Pipeline case.
There were no residents requests or comments from the
floor.
Clerk /Administrator Pauley read the items on the pro
posed consent agenda.
MTh f\PPKcofh; 8 -08- 4
Regular Meeting
July 25, 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:
July 11, 1988
and July 18,
1988
Motion Carried
Motion Carried
5. Residents
Requests and
Comments from
the Floor
6. Approval of
Consent Agenda
Mounds View City Council July 25, 1988
Regular Meeting Page Two
Motion /Second: Quick /Wuori to approve the consent
agenda, as presented, and waive the reading of the
resolutions.
5 ayes 0 nays
Mayor Linke closed the regular meeting and opened the
first public hearing at 7:05 PM.
Attorney Meyers advised that legal counsel or Mr.
Harstad had asked to have the proceeding of the pub-
lic hearing taken down by a court reporter, who was
present.
Mayor Linke explained they had not allowed that in
the past, and the minutes provided by the City's
recording secretary, which are approved by the Council,
are the official minutes of the meeting.
Motion /Second: Hankner /Quick to maintain the City
Council meeting minutes as the official record of the
City and ask the court reporter to cease.
5 ayes 0 nays
Tim Thorton, of Briggs and Morgan, identified himself
gas legal counsel representing Mr. Harstad, and stated
he agrees the City's minutes would be the official
minutes, but he is concerned with why an accurate trans-
cript would not be allowed.
Mayor Linke responded it is objectionable personally,
and the meetings are broadcast by cable, and since these
are official records, there is no need to go any further.
Mr. Thorton warned that if the Council denies this
request, the case could end up in court, and the court
would not be able to watch what was taken down on tape.
Councilmember Hankner stated the issue seems to be what
would be accepted in court, and she maintained the City
Council minutes are official City records, and the cable
cast is supporting documentation. She added. she does not
see ;:he need for a court reporter to take minutes, and if
this goes to court, that would he the appropriate time and
place for the use of a court reporter.
Mayor Linke added the use of the court reporter would be
disruptive to the proceedings, and he again asked the
court reporter to cease, and stated the public hearing
would proceed.
Motion Carried
7. Public Hearin
Major Subdi-
vision for
Greenfield
Estates, Planninc
Case No. 213 -87
Motion Carried
Mounds View City Council July 25, 1988
Regular Meeting Page Three
Mr. Thorton stated he feels the Council is attempting
to surpress an accurate record of the hearing, and
the Council had just surpressed an opportunity for the
court to have an accurate record.
Mr. Thorton stated there are seven requests before the
Council, for a major subdivision, a wetland zoning
district plan amendment, a wetland alteration permit,
variances to the wetland ordinance,vacation of the
right of way, parkland dedication credit, and
conditional use permit for working in a flood plain.
Attorney Meyers questioned whether Mr. Kirby, who does
work for the City, is employed by Briggs and Morgan,
which would present a conflict of interest.
Mr. Thorton replied he was not, that he had checked
with his office for any conflict, and he believed
Mr. Kirby was associated with Lefevre, Leffler.
Jim Merila, of Merila and Associates, reviewed the
request to subdivide 12.2 acres into 17 lots, and he
presented sketches showing the proposal, and what
modifications have been made since the original pro-
posal was presented, and the modification of the
roadways.
Merila stated a main part of the application is a
wetland modification of 7.2 acres. He also presented
a map of the existing wetland boundary, as defined by
the Army Corps of Engineers, and where the City's map
shows those boundaries to be. He explained this would
be a two stage process, with a modification of the
existing City wetland zoning map to reflect the correct
location, along with a conditional use permit to fill
the wetland and work within the wetland area, which
would involve a shifting of the wetland.
Mr. Merila stated that in accordance with the existing
wetland, there are no buildable lots, since there is
a 100' buffer zone requirement, but in looking at where
the actual wetland is, and taking into consideration
the 100' buffer, there then is one lot developable.
He added they are looking at it as a hardship. He also
indicated on the map how they would move the wetland
area, with excavation and replacing it with a new wet-
land, of an equal 1.6 acres in size.
Mr. Merila stated they have received a permit from the
Army Corps of Engineers for the work to be done within
the wetland, with the condition of the creation of an
open water area, which they are willing to comply with,
and he indicated on the sketch where this would be
'placed. He added, however, that that is contrzry to
the phosphorus stripping regulation in Mounds View.
Mounds View City Council July 2E, 1988
Regular Meeting Page Four
Mr. Merila presented Exhibit Cl, showing that if the
City grants a wetland alteration permit, and with the
new boundary line for the 100' buffer strip, appro-
ximately four lots would then be buildable outside
the 100' buffer strip. He added they are requesting
variances with this application to build within the
100' buffer.
Mr. Merila stated they have a direct conflict with the
phosphorus stripping content within the ordinance, and
they meet all standards of the ordinance except for
that. He then handed out a seven page narrative state-
ment regarding phosphorus stripping, and he briefly
reviewed the information contained in the narrative,
explaining the procedure used and their method of
calculations.
Mr. Merila stated there is a unique situation here
whereby the downstream end of the wetland is consi-
derably lower than the upstream end, so consequently
95% of the water that comes into the wetland stays in
the channel, and thus is only treated within the wet-
land area.
Mr. Merila reviewed Exhibit C3, showing how the water
would flow through the area and their proposed concept
of utilization of the wetland detention ponds which
have the capability of stripping out the phosphorus in
the water. He stated they estimate the existing con-
ditions handle only 10.5% of the phosphorus, and their
proposal would provide for treatment of over 60 and
thus, they would be adding and improving on the detention
ponds and phosphorus removal by over 50
Mr. Merila stated that it is their contention that while
they do not meet the letter of the ordinance, their pro-
posal is superior to what currently exists. He also feels
the wording of the ordinance makes it impossible to meet
to the letter of the law.
Mr. Merila stated they are requesting smaller lots and
variances for the creation of lots less than 125' wide
within the 100' buffer strip, and less than 20,000 square
feet, and to build within the 100' buffer strip, and
their reasons for requesting the variances are based on
the hardship conveyed to Mr. Harstad a number of years ago
when the property to the southeast was developed.
Mr. Merila presented Exhibit E, showing the plan submitted
to the City in the spring of 1981, at which time the City
created a moritorium for the creation of the wetland ordi-
nance. He stated Mr. Harstad's proposal was submitted
,three days before the ordinance went into effect, and that
prior to that, application for development to the south
was being proposed. Mr. Harstad requested access be provided
to him to the southeast corner, which would have allc.;ed four
Mounds View City Council July 25, 1988
Regular Meeting Page Five
buildable lots. He stated Mr. Harstad was given the
opportunity to purchase the land he needed, but it was
his position that it was the responsibility of the
City to provide access, and he felt that was common
with other cities in which he did business, and he
chose not to purchase the land as he felt it would be
setting a precedent against him.
Mr. Merila stated they had conducted a survey of other
municipalities in the metro area, for their requirements
of lot size, width and building setback in wetland areas,
and while the survey had been presented to the City earlier,
he reviewed the findings of their contact with the 41
municipalities, stating that only four, including Mounds
View, did have requirements and Mounds View's were the
most restrictive. Mr. Merila reviewed what the other
municipalities required, stating he felt they were more
than adequate. He added he feels they have adequate area
here to develop the lots and still provide protection of
the wetland area.
Councilmember Hankner asked if Mr. Merila was suggesting
those other cities set their own standards for develop-
ment in a wetland.
Mr. Merila replied he was not sure of what their proce-
dure was, as their discovery had been done via ordinance.
Councilmember Hankner inquired how they arrived at setting
standards.
Mr. Merila replied cities usually do some investigation
and then use sound reasoning for setting their standards.
He added Mounds View's 125' minimum width requirement is
by far the most restrictive, as well as the setback
requirement of 100' from the wetland. He stated most of
the wetland in the metro area is similar in nature.
Upon further questicriing by Councilmember Hankner, Mr.
Merila admitted wetlands are very unique and not similar.
Mr. Merila stated the Arriy Corps of Engineers has taken
control of the majority of wetlands, and they have a
permitting process which is required, and they have taken
a much stronger role in this than they had in past years.
He added he feels the hardship was created with the
original plat in 1981, and that Mounds View is overly
restrictive in its requirements.
Councilmember Hankner pointed out the opportunity was
given to Mr. Harstad in 1981 t^ "1rchase the land he
needed to have access to his lots, but he felt it was
the City's responsibility to provide access, so even
aft he knew the City was not going to provide it, he
still chose not to do it himself.
Mounds View City Council July 25, 1988
Regular Meeting Page Six
Mr. Merila stated Mr. Harstad did not want to set a
q precedent of purchasing property when he felt it was
f the City's responsibility, so he declined the oppor-
tunity to purchase it himself.
Mayor Linke asked if Mr. Harstad had pursued it any
further after the City informed him they would not
provide the property to him. Mr. Merila responded he
was not sure.
Mr. Thorton stated the focus of the hardship is on
the City's current wetland requirements, which would
essentially preclude development of all but one of
the lots. He added a taking has occurred with the
refusal to allow building within the 100' buffer, and
thus, a variance must be granted. He stated that
Barr Engineering concedes their proposal would enhance
the phosphorus stripping capacity. He added it was
also a hardship in requiring 100% stripping, as it is
impossible, and more is known now than in 1982 when the
ordinance was written, and if private property is to
be used for public purposes, the owner must be compen-
sated.
Mr. Thorton also expressed displeasure with the City's
recording secretary, as it was his opinion she was not
including all the pertinent information he wanted in
,the minutes, or the essential points made by Mr. Merila.
City Planner Herman reviewed her memo to the Council of
July 20, summarizing the various issues to be addressed.
She explained it was the Planning Commission's opinion that,
taking into consideration Chapters 48, 49 and 49A, with the
illustrations presented by the developer, that the conditions
for granting the variance could not be met. She added that due
to time constrains in which the Council must take action, they
have not had enough time to research new metho4oloyy to assess
the phosphorus stripping, and the Planning Commission had felt
there was incomplete information given to them at the time of
application concerning Chapter 48.06 and how the developer
would address that.
It was noted the representatives from Barr Engineering
were present, and they ha',1 no comment to make.
Ken Briggs, of Harstad Company, introduced himself.
Mr. Merila explained that it was his understanding at the
time of submittal that the information being provided to
the Planning Commission was adequate, and when he became
aware that additional was necessary, it was submitted to
the City, and since Staff was not available at that time,
=due to being on vacation, it was not given to the Planning
Commission until their meeting. He added that he had a
copy of the ordinance and had felt the information he
originally submitted was adequate.
Mounds View City Council July 25, 1988
Regular Meeting Page Seven
Mr. Thornton stated the additional information was
submitted over a month ago and he does not know why
it has not been reviewed yet.
There being no additional comments from anyone present,
Mayor Linke closed the public hearing and reopened the
regular meeting at 7:58 PM.
Mayor Linke closed the regular meeting and opened
the second public hearing at 7:58 PM.
City Planner Herman explained the proposed ordinance
is redesignating the Greenfield wetland 1 -21 area to
show the boundaries that have been determined by
Merila and Associates, the Army Corps of Engineers,
Barr Engineering and the Ramsey Soil and Water Conser-
vation District. The ordinance would amend the map and
have the new boundaries placed on the official City map.
Councilmember Hankner read a written statement submitted
by Kay Weseman, 7807 Bona Road, who was not able to be
in attendance, stating she was against the Council adopt
ing new boundaries for the Greenfield Estates wetland
because the Environmental Task Force has not had an
opportunity to review and make recommendations on it,
that no one agency's authority to confirm boundaries
be accepted, that the boundary change is only
necessary to accomodate the current Harstad proposal, and
the boundaries could change again, that a more in -depth
study should be done regarding the wetland's natural
configuration versus a man- altered one, and an inventory
and priority list of Mounds View's current wetlands has
not been done and should be. She also noted that a
recent petition of 200 signatures was presented to the
Planning Commission, stating they were against approving
the Harstad proposal, as too many variances are being
requested and it would have a major impact on the wet-
land's natural state.
There being no further comment from anyone present, Mayor
Linke closed the public hearing and reopened the regular
meeting at 8:01 PM.
City Planner Herman explained this ordinance would
lineate the portion of the wetland that Greenfield
is located in. Ramsey Soil and Water Conservation
trict has reviewed and approved it. The ordinance
also change the City's map accordingly.
rede-
Park
Dis-
would
8.
Public Hearing:
Ordinance No
447 Amending
the Mounds View
Municipal Code
9. Second Reading
and Adoption of
Ordinance No.
444
Mounds View City Council July 25, 1988
Regular Meeting Page Eight
Motion /Second: Quick /Blanchard to have the second
reading and adoption of Ordinance No 444 entit -4 "An
Ordinance Amending the Municipal Code of Mounds
by Amending Chapter 48 Entitled Wetland Zoning Ordi-
nance", and waive the reading.
Councilmember
Councilmember
Councilmember
Councilmember
Mayor Linke
Quick aye
Blanchard aye
Hankner aye
Wuori aye
aye
City Planner Herman explained this ordinance would
change the joint parking use section in Chapter 40,
and would allow the discretion of the Council to
allow for joint use of parking facilities.
Motion /Second: Blanchard /Wuori to have the second
reading and adoption of Ordinance No. 445 entitled
"Amending the Municipal Code of Mounds View by
Amending Chapter 40 entitled Zoning and waive the
reading.
Councilmember
Councilmember
Councilmember
Councilmember
Mayor Linke
Quick aye
Blanchard aye
Hankner aye
Wuori aye
aye
City Planner Herman explained this ordinance would 11.
change the address of Odas Newton, which is necessitated
by the placement of the new garage on the property,
which has thus changed the orientation of the home to
Fairchild, with *he new address being 8300 Fairchild Ave.
Motion /Second: Quick /Hankner to have the second
reading and adoption of Ordinance No. 446 entitled "An
Ordinance Amending the Municipal Code of Mounds View
by Amending Chapter 47, entitled House and Building
Numbers and waive the reading.
Coucnilmember
Councilmember
Councilmember
Councilmember
Mayor Linke
Quick aye
Blanchard aye
Hankner aye
Wuori aye
aye
Public Works Director Minetor joined the meeting at
8:05 PM.
Motion Carried
10. Second Reading
Adoption of
Ordinance No.
445
Motion Carried
Second Reading
and Adoption of
Ordinance No.
446
Motion Carried
12. Consideration
of Resolutica
No. 2360 Approv-
ing Agreement
with MnDOT for
Traffic Signal
Revisions cn
T.H. 10
Mounds View City Council July 25, 1988
Regular Meeting Page Nine
Public Works Director Minetor reviewed the changes in
t signalization to be done to improve the traffic control
signals along T.H. 10 within the City. He explained
three would require participation of the City in the
amount of $33,750, which would be eligible for MSA
funding.
Mayor Linke asked Public Works Director to discuss with
MnDOT having a right turn lane placed along east -bound
County Road I, to south -bound T.H. 10, as there is
already an easement from Super America for that turn
lane, and it would be very beneficial to have.
Mr. Minetor replied he would discuss it with them, and
the bid date has been extended back to November.
Motion /Second: Hankner /Blanchard to approve Resolution
No. 2360, authorizing the Mayor and Clerk /Administrator
to execute agreements with the Minnesota Department
of Transportation for traffic signal revisions on T.H.
10, and waive the reading.
5 ayes 0 nays
Clerk /Administrator Pauley reviewed his memo of July 13.
14 regarding the no parking request for Fairchild
Avenue. He explained it was prompted by the letter of
request from three property owners, residing at 2765
Ardan Avenue, 8255 and 8265 Fairchild Avenue, requesting
placement of "no parking" signs on the east side of Fair-
child Avenue from its intersection with Ardan Avenue
north, to the north end of Groveland Park, due to
children running between parked cars, visitors to Groveland
Park parking on lawns, parking on both sides of Fairchild
Avenue, making it difficult to get into driveways, parking
on both sides of the street, resulting in single lane
traffic, and visitors to Groveland Park walking across
newly planted grass.
Motion /Second: Quick /Hankner to authorize the placement
of four "No Parking" signs between the intersection of
Fairchild Avenue and Ardan Avenue north to the north end
of Groveland Park on the east side of Fairchild Avenue,
with the locations of the signs to be determined by the
City Engineer.
5 ayes 0 nays
Councilmember Wuori asked if this would affect any other
homeowners, as they also would not be abie to park in
front of their own homes.
Clerk /Administrator Pauley replied it would not.
Motion Carried
Consideration
of Request for
"No Parking"
Signs on Fair-
child Avenue
Motion Carried
Mounds View City Council July 25, 1988
Regular Meeting Page Ten
Clerk /Administrator Pauley reviewed the request for 14. Consideration
an occupancy permit for Building A in the Mounds View of Resolution
Business Park, and the two conditions Staff would Number 2361
recommend, that the sodding of the banks of the sto
water retention pond on the east side of the building
be completed by October 1, 1988, and any difference in
the number of trees proposed in the original plan for
the project and those actually planted once the entire
project has been completed be made up for through
supplementary plantings on the site, as agreed to
between the developer and the City of Mounds View
through a supplementary landscaping plan.
Clerk /Administrator Pauley also asked for approval of
the certificate of completion and release of forfeiture.
Motion /Second: Quick /Hankner to approve Resolution
No. 2361, approving the occupancy permit for Building
A, Mounds View Business Park, and waive the reading.
5 ayes 0 nays
Mayor Linke explained why the number of trees is down
fron the original plan, due to the recommended best
placement being further apart than was originally
planned. He added the numbers will be made up later
in the development.
Motion /Second: Hankner /Quick to authorize the Mayor
and Clerk /Administrator to enter into an agreement for
Certificate of Completion and Release of Forfeiture,
for Deed Document Number 867973.
5 ayes 0 nays
Attorney Meyers advised the preliminary plat presented
by Harstad Company must be acted on by the City within
a definite time period, and action tonight would be
within the prescribed time. He advised the Council to
consider the requirements of Chapter 48, with three
specific issues to be addressed, the minimum lot size
requirement of 20,000 square feet, the minimum lot
width of 125 feet, and the 100 foot setback require-
ment from the wetland.
He explained that in order for this development to
get off the ground, the developer is requesting
varianc`s to those three requirements, stating a
hardship due to the platting to the south of theirs
which impaired their ability to develop, and that
Mounds View's ordinance is overly restrictive.
Attorney Meyers advised that in a court nrder from
November 16, 1981, in Harstad versus Mounds View,
where Mr. Harstad had moved for a temporary injunction
against the City on the plat to the south, that the
Motion Carried
Motion Carried
15. Consideration
of Request for
Major Subdi-
vision, Green-
field Estates,
Planning Case
No. 213 -87
Mounds View City Council July 25, 1988
Regular Meeting Page Eleven
motion was denied, and there was an adequate means for
Mr. Harstad to develop his land. Thus, that hardship
was addressed in 1981 and determined to not be a hard-
ship.
Attorney Meyers explained that for Harstad Company's
claim of over restrictiveness of Mounds View's ordinance,
they are requesting either an amendment to the ordinance
or a granting of variances. He advised the variances
must meet the requirements of Chapter 40, and he re-
viewed specifically the criteria of Chapter 40.26 Sub. D,
and the circumstances and conditions which must be met.
He advised the City Council would have to make those
findings in order to grant the variances requested.
Attorney Meyers stated that while Mr. Harstad is de-
claring he cannot use his land, economics cannot be
considered in the deliberations, and it is possible to
develop one lot without any variances.
Attorney Meyers reviewed Chapter 48.01, Sub. 2A, regard-
ing phosphorus stripping, stating there are many issues
to be discussed, and phosphorus stripping is not the
sole criteria involved. He added the Council must first
decide if they will grant the variances.
Councilmember Hankner stated she appreciated having the
court reporter removed, as she personally finds it very
distracting.
Motion /Second: Hankner'Wuori to deny the preliminary
plat for Greenfield Estates as proposed, and direct
Staff to prepare a resolution of denial, to be acted
upon at a special meeting, scheduled for August 1, 1988
at 7 PM, with the resolution to include the reasons for
denial of not meeting the 100' buffer, 20,000 square foot
lot size, or minimum 125' lot width requirements, as well
as for not meeting the requirements of the Code, spe-
cifically Chapter 40.26 Sub. D, and the Council will not
compromise the integrity of the wetland ordinance.
5 ayes
0 nays Motion Carried
Mayor Linke explained he has a very hard time with the
developer saying Mounds View's Code is too restrictive,
as the City has a great regard for wetlands and their
use, and they will not compromise that because other
City's do not feel the same way. He added Mounds View
was one of the first cities to write such an ordinance,
and while it does not match the ordinances of other
cities, it is what was wanted for Mounds View.
Mounds View City Council July 25, 1988
Regular Meeting Page Twelve
Councilmember Hankner added the City takes the wetland
ordinance very seriously, and the ordinances are always
being looked at for updating. She added that when the
wetland ordinance was written, they sought both exper-
tise and community input.
City Planner Herman explained this ordinance would 16
amend the wetland boundaries as discussed in the public
hearing earlier tonight, and would redeliniate the lines
on the official map of the City.
Mr. Thorton expressed confusion, feeling this ordinance
had already been discussed and passed.
City Planner Herman explained they are two separate and
very different ordinances, No. 444 and 447, concerning
separate areas.
Councilmember Hankner stated she would like to table
action on this, as she was not aware of Kay Weseman's
statement until just before the meeting, and she feels
it would be important to have the Environmental Task
Force consider the issue.
Motion /Second: Hankner /Blanchard to table this item.
5 ayes 0 nays
Clerk /Administrator Pauley stated that, With Council
direction, he will have Barr Engineering review the
document submitted by Merila and Associates and
report back.
Attorney Meyers clarified a denial was made of the pre-
liminary plat as it stands today, and since this
ordinance would significantly change the wetland boun-
daries, they should look at it very carefully.
Clerk /Administrator Pauley advised the Environmental
Task Force will have their first meeting on August 9,
which will be an organizational meeting.
Motion /Second: Quick /Hankner to direct Barr Engineering
to study the document submitted by Merila and Associates
and report back to the Council.
5 ayes 0 nays
Clerk /Administrator Pauley read proposed Resolution
No. 2362.
Consideration
of Ordinance
No. 447
Motion Carried
Motion Carried
17. Consideration
of Resolution
No. 2362
Motion /Second: Linke /Blanchard to approve Resolution
No. 2362, Commending Tony Jambor for community service.
5 ayes 0 nays
Councilmember Quick had no report.
Councilmember Blanchard reported on the success of the
30th anniversary celebration and she extended thanks to
.'all the people who had worked so hard in so many areas,
to Don and Amy Hodges, Bill and Alice Frits, Jerry
Blanchard, the New Brighton Bulletin, Shari Linke, Mary
Saarion, and Staff as a whole.
Councilmember Hankner asked that a notice be posted on
the sign board in front of City Hall, announcing the
joint meeting of the City Council and School Board on
July 28.
Clerk /Administrator Pauley advised he would check to
see what commitments had been made. The notice will
also be placed on the tv monitor once the Council takes
action tonight to call a special meeting.
Councilmember Wuori reminded everyone that performances
of West Side Story will begin this Friday, July 29, and
there will be a special reception following the opening
performance, at Robert Lee's in New Brighton.
Mayor Linke reported the preliminary figures on the
Festival in the Park show about $1.50 in profit.
Mounds View City Council July 25, 1988
Regular Meeting Page Thirteen
Motion Carried
Attorney Meyers reported many of the issues relative 18. Report of
to the Williams Pipeline case have been resolved, with Attorney
the families involved, and the County has recovered
certain amounts for damage done to property, with
further items still pending. He added the case of the
City of Mounds View versus Williams Pipeline has not
been resolved, with the main issue in that case being
the safety of the pipeline.
He added he will be bringing on additional staff to
assist in the case, and he will be spending a substantial
amount of his time working on this until it is resolved.
19. Reports of
Councilmembers:
Councilmember
Quick
Councilmember
Blanchard
Councilmember
Hankner
Councilmember
Wuori
Mayor Linke
Mounds View City Council July 25, 1988
Regular Meeting Page Fourteen
Public Works Director Minetor reviewed his memo of 20. Report of
July 25 to the City Council regarding the Silver Lake Clerk/Administra-
Road sanitary sewer repair construction engineering and tor
inspection services, and requested Council authorization
of the services of Short Elliott- Hendrickson.
Motion /Second: Hankner /Quick to authorize Short
Elliott Hendrickson, Inc. to provide construction
services, as outlined in their proposal of July 25,
1988 for the Silver Lake Road sanitary sewer repair,
for a maximum fee of $13,000, unless otherwise autho-
rized.
5 ayes 0 nays
Clerk /Administrator Pauley requested help in getting
election judges for both the primary and general
elections this fall, and he reviewed the openings for
each district in the City. He stating they are trying
through various sources to solicit people. The time
commitment would be for a 3 -4 hour training session
prior to the primary, then approximately 6 AM to 9 or
10 PM on primary day, then a 1 -2 hour refresher course
prior to the general election, and approximately 6 AM
to 11 or midnight on election day. He explained state
law does not allow for split shifts, or relatives of
elected officials. The appointments must be made by
August 8.
Motion /Second: Linke /Hankner to set a special meeting
for 7:30 PM on Thursday, July 28, in the City Hall
Council chambers, for the joint City Council /School
Board meeting.
5 ayes 0 nays
Clerk /Administrator Pauley reported he, would not be
able to attend that meeting and he would like the
Council to bring up to the School Board the feasibility
of the School District using some of the new library
for community programs.
Mayor Linke adjourned the meeting at 8:57 PM.
Re ectfully submitt =d
D•`T. F. Pauley
Clerk /Administra
Motion Carried
Motion Carried
21. Adjournment
Z -e v-Ce ✓tc t�.
din Artz. 14E_ de-teitcd azio-p&it,
AeZein/nt4 dIz
"A,,dcw) ,4/
jare aM e 1-u' 6 rec )/&v an rru
c a y
o?) f d Go-r 2n-i
.Z dd 2e. zcc 22 .0
/..E 2./- L"L-n. e-e7 -LZ G G6 cote /o -cJci
c%c "4.1-c C mac.' 1- GC ...-4,fiL L/c( Gi-C 7 e'2_
CC el. e :n (11 2c/ 'f?GG /79 -C S /�-C e C) d r/
e .5, 1 a 0, tip nr ccsn /n Gl b C/Cw /C
!r d /-x_75.0
-�.fi6 yr z,o e a 7'!e r 't f->
G' J r
THE
DING
DOCUMENT(S)
HAVE
REFILMED
FOR
LEGIBILITY
1 N C Ejw� c 1
i> 1241- 66,1,i0)�' kgz bt u
tot t idu- C l
7V-61 6Z/1 (2Z in/6 Z-
"7tL sue' /l// rl'YaG�C7G? 2/17
Ct tEttir i n4 fLLWLJCC' C� �`.Lz'C 6A c C 't w�
J L Gt.-6 6-CAC-
6 r�11+ =r c
,n,2-/ d,2
J &iri,e (t gc 4 7 (Le'_ 5 z c
u
/?teuziaucrrt ,'li n 17 r /cwfa.-
1 0_,,--,i4 d r 1 i
c1-1 t fi :9x0 if
1 r-aJ C: ti 14'6 /,5 :;t-' L<'f2 1-2
O -6L Ce -0 —1
ektAr areu
q) viLL a_
q-cc.eA2` leR-Mric/
a_ /note /11 d4/7 LQt .62k7LL'ci 12c
/v_rta4zei 466r,/:,0>ce-
e 4,ar-.6e
L 10 a- ,b-e' eAz.--yz
5) ad, ilk,LeAZ pA.ary /;o71-. oy 77),V,
e.6 4/16,A
k kr7 Jt1/ a-
CZ(
6-0 r bC1 C
LAU/e--
v-s Lir/a/7
...e--7'/e2„." a's
a J t_6 Z _A•e-/2_ z
Idakt 4- 4,6)-{ece L4Let-r
e'
C 7 /4 6"ex7(--) "to
,2t9Q col (L&C 4 /..2c.-1;t7J7t. -=,f;
&Mtn /5 AL 77 a.1707 -71 4.
6661 AtAi 7de/44 cr/E aj tt --/eo
49.44,/iy V(14/Litite-6--- VW' a/1 Cr 1-07
(.1.
10-el 4 1 CI A e.4
4. v