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HomeMy WebLinkAboutMinutes - 1988/12/12CITY COUNCIL MEETING CITY OF MOUNDS VIEW DECEMBER 12, 1988 7:00 p.m. AGENDA 1. Call to Order 2. Pledge of Allegiance 3. Roll Call Blanchard, Hankner, Wuori, Quick, Linke 4. Approval of Minutes: November 28, 1988 Regular Mtg. (Received in 12/05/88 Packet) 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. Celebrate Minnesota 1990 Project 7:10 p.m. Variance Appeal for Public Storage, Inc. 7. Approval of Consent Agenda ITEM A. Schedule Special Council Meeting for 7:00 p.m. Tuesday, January 3, 1989 ITEM B. Approve Purchase of Flex -Y -Plan Office Panels from American Office Prodcuts for Central Office Area at a Cost Not to Exceed $10,155.20 ITEM C. Approve Resolution No. 2420 Authorizing the Clerk- Administrator to Enter into an Agreement with the Minnesota Department of Transportation to Upgrade Traffic Signal System Along Trunk Highway 10 Between Silver Lake Road and County Road H ITEM D. Approve Purchase of Band Saw from Gopher Welding Supply at a Cost Not to Exceed $1950 to be Charged to Account No. 700 4121 -125 ITEM E. Approve Resolution No. 2417 Rescheduling City Council Meetings Falling On Legal Holidays ITEM F. Adopt Resolution No. 2423 Approving Just and Correct Claims Against City Funds AGENDA DECEMBER 12, 1988 PAGE TWO ITEM G. Licenses for Approval General Expires 6/30/89 Mr. Siding, Inc. New Scott Construction Corporation New Fire Protection Expires 6/30/89 North Star Fire Protection Renewal Auto Sales Expires 12/31/89 Mid America Auto Renewal Gasoline Stations Expires 12/31/89 Brooks Superette Renewal Clark Oil and Refining Renewal Kunz Oil Renewal (County Rd I and Hwy. 10) Bowling Alley Expires 12/31/89 Mermaid, Inc. Renewal Malt Liquor Off Sale Expires 12/31/89 Country Club Market Renewal Fedor Enterprises Renewal Jon Boy Inc. (Tom Thumb Cty. Rd. I) Renewal Brooks Superette, Inc. Renewal Amusement Devices Expires 12/31/89 American Amusement Arcades Renewal Robert's Off 10 Mermaid Loose Ends Dahlco Music and Vending Expires 12/31/89 Seven Eleven Renewal Box and Wrestling Expires 1/24/89 Golden Gloves /ADF, Inc. New 8. Discussion of Reconstruction of County Road J with Representatives of Ramsey County 9. Consideration of Resolution No. 2422 Approving Environmental Assessment Worksheet for SYSCO /Continental Minnesota 10. Consideration of Resolution No. 2419 Adopting An Affirmative Action Plan for the City Of Mounds View 11. Consideration of Resolution No. 2421 Designating Polling Place for Possible Future Special Primary and General State Legislative District Elections 12. First Reading of Ordinance No. 450 Amending the Municipal Code of Mounds View By Amending Chapter 2.09 Entitled, "Compensation of Mayor and Council" AGENDA DECEMBER 12, 1988 PAGE THREE 13. Proposal to Upgrade Computer System a. Purchase of Proposed Upgrade from Computoservice, Inc. in the Amount of $35,000 to be Charged to Account No. 100 -4t90 -703 b. Authorize Staff to Contract for Relocation of Present Computer Processor to the Police Depart- ment at a Cost Not To Exceed $2,000 14. Consideration of Staff Memorandum Regarding Celebrate MN, 1990 Project 15. Report of Attorney 16. Report of Councilmembers: Blanchard, Hankner, Wuori, Quick, Linke 17. Report of Administrator 18. Adjournment CONSENT AGENDA DECEMBER 12, 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 o f any individual Councilmember, an item can be removed from the Consent Agenda and placed upon the Regular Agenda for debate. ITEM A. Schedule Special Council Meeting for 7:00 p.m. Tuesday, January 3, 1989 ITEM B. Approve Purchase of Flex -Y -Plan Office Panels from American Office Prodcuts for Central Office Area at a Cost Not to Exceed $10,155.20 ITEM C. Approve Resolution No. 2420 Authorizing the Clerk Administrator to Enter into an Agreement with the Minnesota Department of Transportation to Upgrade Traffic Signal System Along Trunk Highway 10 Between Silver Lake Road and County Road H ITEM D. Approve Purchase of Band Saw from Gopher Welding Supply at a Cost Not to Exceed $1950 to be Charged to Account No. 700- 4121 -125 ITEM E. Approve Resolution No. 2417 Rescheduling City Council Meetings Falling On Legal Holidays ITEM F. Adopt Resolution No. 2423 Approving Just and Correct Claims Against City Funds ITEM G. Licenses for Approval General Expires 6/30/89 Mr. Siding, Inc. New Scott Construction Corporation New Fire Protection Expires 6/30/89 North Star Fire Protection Renewal Auto Sales Expires 12/31/89 Mid America Auto Renewal Gasoline Stations Expires 12/31/89 Brooks Superette Renewal Clark Oil and Refining Renewal Kunz Oil Renewal (County Rd I and Hwy. 10) Bowling Alley Expires 12/31/89 Mermaid, Inc. Renewal d CONSENT AGENDA DECEMBER 12, 1988 PAGE TWO Malt Liquor Off Sale Expires 12/31/89 Countr Club Market Renewal Fedor Enterprises Renewal Jon Boy Inc. (Tom Thumb Cty. Rd. Brooks Superette, Inc. Renewal Amusement Devices Expires 12/31/89 American Amusement Arcades Renewal Robert's; Off 10 Mermaid Loose Ends Dahlco Music and Vending Seven Eleven Renewal Box and Wrestling Expires 1 /24/89 Golden Gloves /ADF, Inc. New Expires 12 /31/89 PROCEEDINGS OF THE CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA The Mounds View City Council was called to order by 1. Call to Mayor Linke at 7:00 PM on Monday, December 12, 1988. Order The Pledge of Allegiance was said. MEMBERS PRESENT: Councilmembers Blanchard, Hankner, Wuori, Quick and Mayor Linke. ALSO;, PRESENT: City Attorney Karney, Clerk /Admini- strator Pauley and City Planner Herman. Motion /Second: Wuori /Blanchard to approve the November 28, 1988 minutes as presented. 5 ayes 0 nays Dennis Deissner, of Kraus Anderson Realty Company, presented the Council with an application to rezone the Silver View Plaza from B -2 to B -3. He explained they have been before the Council many times before for conditional use permits for various businesses that have located in the plaza, and they fuel B -3 is a more appropriate zoning for the businesses there. Public Works Director Minetor joined the meeting at 7:04 PM. Mr. Deissner explained they have a potential tenant for the plaza, the Twin Cities Harley Davidson distributorship, who would use 5,415 square feet of showroom. They would be selling clothing and accessories, and having a showroom only for motor- cycles, but the motorcycles would be physically kept for pickup at their Shakopee facility, and all repair work would also be done in Shakopee. Date Approved: 12/27/88 Regular Meeting December 12, 1988 Mounds, View City Hall 2401 Hwy. 10, Mounds View, MN 55112 2. Pledge of Allegiance 3. Roll Call 4. Approval of Minutes: November 28, 1988 Motion Carried 5. Residents Requests and Comments from the Floor Mounds View City Council December 12, 1988 Regular Meeting Page Two Mr. Deissner stated he understands this is a gray area of the Code, whether the use would be appropriate to B -2 or B -3, and while they would restrict the tenant to the requirements of B -2, they would also like to apply for rezoning to B -3 to eliminate any potential problems. He added the dealership cannot wait for the approval process and if they must go normal procedures, they will go elsewhere. Mayor Linke explained he works with Mr. Deissner on a day to day basis at Kraus Anderson, so he would be backing away from the discussions at this time. Clerk /Administrator Pauley advised they have indi- cated to Kraus Anderson Development and Realty that the City has a zoning code that is common to most municipalities, in that if a use is not listed, it is prohibited. He referred to Chapter 40.17 of the City Code, and explained that none of the uses for this type of business are listed there, under B -2 zoning, but they are included in Chapter 40.18 (8) 7, which is B -3. Thus, it is Staff's position that the Code does not allow this use in B-2 and he would recommend that Kraus Anderson request a rezoning of the entire project, which would take 60 -120 days. He added that Staff recommends no waiver be given, as even on a temporary basis, it would weaken the zoning code. He has consulted with both of the City's attorneys, and they concur with Staff. Councilmember Hankner stated she could not find anything in the Code that would allow for this to be permitted and she read from various sections of the Code. She added it would be prohibited under B -2 zoning. Mr. Deissner pointed out that half the tenants in the plaza were not listed uses to start with. Councilmember Hankner explained they were allowed in after the appropriate changes wLre made to the zoning code. Mr. Deissner stated they d� not have time for that process. He added there would be a benefit to the City of having this new tenant come in. Councilmember Wuori stated the Council could look at changing the zoning to B -3, and have Staff give them a report at the next agenda session, at which time they could discuss it. She stated that until that time, not much could be done. Mounds View City Council December 12, 1988 Regular Meeting Page Three Clerk /Administrator Pauley explained the request for rezoning must be submitted to the Planning Commission, and after they have dealt with it, it would then go to the Council. He added the Council could discuss it at the same time as the Planning Commission, but they would still have to follow the step by step process of the zoning code. Mr. Deissner asked how the Council felt about B -3 zoning for that area Councilmember Hankner replied that while they could give individual opinions, they would have to go through the public hearing process and gather input from all sources. Mayor Linke closed the regular meeting and opened 6. Public Hearing: the first public heraing at 7:16 PM. Celebrate Minnesota 1990 Park Director Saarion explained Minnesota will be hosting the summer olympic festival games in 1990, and the State of Minnesota is trying to promote projects that would provide an opportunity for the cities and metropolitan areas to complete projects to spruce up their communities. Minnesota has $700,000 for grant money to be awarded to various projects, and the purpose of the public hearing is to choose a project and get the grant application filled out. Letters were sent out to schools, churches and civic groups, and 14 sub- missions were received back, which the Council has narrowed to 4. Park Director Saarion reviewed the four proposals, listing the material costs, community involvement, equipment rates, the City's contribution, and the proposed celebration to go with each one. Mayor Linke closed the public hearing and reopened the regular meeting at 7:29 PM. It was the concenr- as of the Council that they would 7. Consideration like to go with the proposal for construction of a of Celebrate picnic shelter at Silver View Park. However, since Minnesota 1990 groups other than the City can submit proposals, it Project was suggested that Pinewood PTA be contacted to see if they would be interested in submitting a proposal for the County Road I triangle and boulevard by their school. Councilmember Wuori agreed to approach the PTA and offer the paperwork already prepared by the City. Mounds View City Council December 12, 1988 Regular Meeting Page Four Motion /Second: Linke /Quick to have the construction of a picnic shelter at Silver View Park be the City's project for the Celebrate Minnesota 1990 project. 5 ayes Motion /Second: Hankner /Quick to have Diane Wuori take the proposed County Road I triangle and boule- vard project to the Pinewood PTA and see what their level of interest is. 5 ayes 0 nays Motion Carried 0 nays Motion Carried Mayor Linke closed the regular meeting and opened the 8. Public Hearing: Variance Appeal for Public Dan Rooney introduced himself as the real estate Storage. Inc. representative of Public Storage,Inc. and explained they are the largest self storage company in America. He presented an overhead map of the area, an artists sketch of the proposed facility, and a zoning map of the City. second public hearing at 7:42 PM. Don Jensen, of Public Storage, Inc. reviewed their request to construct a self storage facility, two kio story home for the resident manager, and an office building. He explained they have under five acres, which necessitates the variance request within the PUD request. He stated that with the road vacation they would have 4.1 acres available, and he asked for approval of the variance request, stating that they feel their project would be an asset to the City. He explained their project would be permanent. Mayor Linke asked for an update on the suggestion given to the developer at the last agenda session, to purchase the .9 acre, which would resolve most of the problems. Mr. Jensen replied that the opportunity is present to accomodate the 5 acre minimum, with their plan to vacate the Mounds View Drive waterworks easement, and they would be willing to purchase additional property. Mayor Linke stated the biggest issue is a variance to the PUD, and a major hurdle would be solved if they did not have to go through the variance process. Torr Wistrom, of Kraus Anderson, explained he had had a conversation with the land owner to the north about purchasing the needed .9 acres, but the price N does not appear to be feasible. Mounds View City Council December 12, 1988 Regular Meeting Page Five Dale Jones identified himself as the owner of the property to the north. He stated he does not object to the project but he does object to the vacation of Mounds View Drive, as that would cut access to his property and lower the value. He added he plans to develop his land at some point and wants to use the access to it Mr. Wistrom stated they have a difference of opinion on the roadway, and that roadway was meant to serve this project only, and not Mr. Jane's land. He added this development would be a benefit to the City now, and Mr. Jones is not ready to develop his property at this time. City Planner Herman clarified that Mr. Jones is the owner of the property known as the St. Paul waterworks. Mr. Jones reported he had spoken with the waterworks and a bridge would not be required to be built over the easement, and he again stated he did not want to lose access to his property. Mayor Linke clarified that the issue before the Council is an appeal by the applicant of the denial by the Planning Commission for a variance request for a 5 acre PUD down to 4.1 acres. Mr. Jensen stated there is a substantial hardship in the public storage business with the requirement for separate zoning for each building. Mayor Linke pointed out there would also be a pro- blem with the resident manager living on the property. City Planner Herman explained the applicant has requested a variance from the minimum project size. The PUD zoning and appropriateness of B -2 zoning was discussed at the Planning Commission level, and the Planning Commission felt they should act on the variance request, as without it, the project would not be able to go through. She added there was discussion about the appropriateness of zoning for this type of use. City Planner Herman briefly reviewed the Planning Commission's Resolution No. 238 -88, stating there were no extraordinary circumstances to apply to this project, and the applicant did not present ny reasons to show it was exceptional or extra- ordinary. She also pointed out they would have h,d the required 5 acres if the owner had not sold off a portion of this property to Burger King. She also reviewed the criteria for granting a variance and stated the Planning Commission did not feel all Mounds View City Council Regular Meeting that criteria was fret for granting a variance. Mayor Linke closed the public hearing and reopened the regular meeting at 8:15. Clerk /Administrator Pauley asked for direction to Staff, so they could prepare the appropriate resolu- tion for consideration at the December 27 Council meeting. Councilmember Blanchard stated she had a problem with only 4.1 acres for a PUD. She stated the plan is good but she has problems with varying a PUD. She also pointed out they would not even have the 4.1 acres until after the road was vacated, if it is vacated. Mayor Linke stated it would be a good development once they have the additional .9 acre. He stated he did not have a problem vacating the road, specifi- cally because the road would have to cross a wet- land. It was the concensus of the Council to deny the appeal for the variance. Motion /Second: Quick /Wuori to direct Staff to draw up a resolution denying the variance appeal request for Public Storage, Inc., Silver Lake Woods, Lot 1, Block 9 and a portion of Lot 1, Block 10. 5 ayes 0 nays Clerk /Administrator Pauley read the items on the proposed consent agenda, and asked that Super America be inr_l under Gasoline Stations licenses for approval, ender Item G. Motion /Second: Hankner /Blanchard to approve the consent agenda, as presented, and waive the reading of the resolutions. 5 ayes 0 nays December 12, 1988 Page Six Motion Carried 9. Approval of Consent Agenda Motion Carried Public Works Director Minetor explained this 10. Discussion of issue had been discussed at the last agenda Reconstruction session, and a representative of Ramsey County was of County Road J present to answer questions. Paul Kirkwald, Deputy Director of Public Works for Ramsey County, explained the County's plans for the reconstruction of County Road J. They are in a feasibility study stage at this time, and are Mounds View City Council December 12, 1988 Regular Meeting Page Seven asking the cities involved for their support of this study. He explained the portion of County Road J that runs through Mounds View would involve about $750,000 in reconstruction costs, and Mounds View would have the opportunity to request added improve- ments be done at the same time. He added that while they are asking for a commitment from the City to help finance the feasibility report, the City's share of the cost would be proportionate to what they request to be done. There was discussion among councilmembers on the subject funding sources and synchronizing city and county priorities. Ultimately, it is the taxpayers who pay one way or another, which through city tax, county tax or gas tax. There was also discussion on MSA laws and possible changes that might be pursueu. Motion /Second: Hankner /Quick that the City make a commitment to Ramsey County for a portion of the cost of the feasibility study for the County Road J project, and direct Public Works Director Minetor to participate as the City's representative. 5 ayes 0 nays Motion Carried Planner Herman reviewed proposed Resolution No. 2422. She explained three letters had been received back in response to the EAW, with no substantial impact and no request for an EIS. Motion /Second: Wuori /Blanchard to approve Reso- lution No. 2422, approving the environmental assessment worksheet for the SYSCO Development, and waive the reading. 5 ayes 0 nays Motion Carried There was discussion on the indirect source permit, which City Planner Herman was getting a letter on, but that has no bearing on the EIS. Scott Kinkaid, of Ryan Construction, explained work been going very well and they are about finished now, and will start up again in the spring. 11. Consideration of Resolution No. 2422 Mounds View City Council Regular Meeting Page Eight Clerk /Administrator Pauley explained the Minnesota Legislature had adopted amendments in 1988 con- cerning affirmative action plans, which has necessi- tated proposed Resolution No. 2419. He added that af ter it is adopted by the Council, it will be sub- mitted to the Minnesota Department of Human Rights. Motion /Second: Quick /Blanchard to approve Resolution No. 2419, adopting an affirmative action plan for the City of Mounds View, and waive the reading. 5 ayes Clerk /Administrator Pauley reviewed the necessity for the designation of polling places for a possible future special primary and general legislative district elections. The change must be made at least 30 days in advance, and in anticipation of a special election to replace Gordy, Voss, Staff has prepared proposed Resolution No. 2421. Motion /Second: Blanchard /Hankner to approve Resolution No. 2421, designating the polling place for possible future special primary and general legislative district elections, and waive the reading. 5 ayes 0 nays Motion Carried 0 nays Motion Carried Pauley also explained why the special election could be held earlier than the election to fill the Council seat which will be vacated in January. Clerk /Administrator Pauley explained the proposed ordinance increases the salary of the Mayor from $3,000 to $3,600 per year, and the salary of Councilmembers from $2,700 to $3,300 per year, effective in 1989. Motion /Second: Quick /Wuori to approve the first reading of Ordinance No. 450, amending the Munici- pal Code of Mounds View by amending Chapter 2.09 entitled "Compensation of Mayor and Council and waive the reading. 5 ayes 0 nays December 12, 1988 12. Consideration of Resolution No. 2419 13. Consideration of Resolution No. 2421 14. First Reading of Ordinance No. 450 Motion Carried Mounds View City Council Regular Meeting Finance Director Brager reviewed Staff's recommenda- tion to upgrade the computer, and relocate the present computer processor to the Police Department. He explained this had been budgeted for in 1989. Motion /Second: Linke /Quick to approve the purchase of the proposed upgrade, from Computoservice, Inc. in the amount of $35,000 to be charged to Account No. 100 4190,703, and authorize Staff to contract for the relocation of the present computer processor to the Police Department at a cost not to exceed $2,000. 5 ayes 0 nays Attorney Karney had no report. Councilmember Blanchard had no report. Councilmember Fankner reported volunteers are needed to serve on the City Charter Commission, and anyone interest should send a letter to the District Court Judge. clerk /Administrator Pauley has the address it should be sent to. December 12, 1988 Page Nine 16. Report of Attorney She also reported that the Charter Commission has asked for reimbursement in the amount of $360 to Ruth White, who has been secretary for the past 10 years. The costs are for postage, envelopes, paper, copying and so forth which Mrs. White has incurred. A bill was submitted by rirs. White. Hankner recommended payment. Councilmember Quick asked if the Charter Commission, has their own fund or ever requested from toe City. The response was no, but, it was noted that they could and then they would be included in the City's budget. It was also noted that City Staff is avail- able to do copying and mailing and should do so in the future. Motion /Second: Quick /Linke to authorize the payment of $360 to Ruth White, with the source of the funds to be determined by the Clerk /Administrator and Finance Director, and compose a letter to the Charter Commission, stating that there is a secretarial staff, postage machine, copy machine and other items available to support the group with, and they should be utilized by the Commission. 5 ayes 0 nays 15. Consideration of Proposal to Upgrade Computer Motion Carried Reports of Councilmembers: Councilmember Blanchard Councilmember Hankner Motion Carried Mounds View City Council December 12, 1988 Regular Meeting Page Ten Councilmember Wuori had no report. Councilmember Quick had no report. Mayor Linke had no report. Motion /Second: Wuori /Blanchard to approve the first 18. Report of reading of Ordinance No. 451, adopting the snow and Clerk/ ice control policy, and waive the reading. Administrator 5 ayes 0 nays City Planner Herman updated the Council on the progress of recycling in the City. The percentage of participants has increased, but the amount has not increased proportionately. Staff hopes to have word from Ramsey County soon on the grant request. Clerk /Administrator Pauley reported the special election could possibly be held January 10, and he has received notice that he will be on jury duty the week of January 9, so he appointed Finance Director Brager to serve as Deputy Clerk for the special election. Clerk /Administrator Pauley reported there are vacancies on the City Charter Commission and they are publicizing it as much as possible to make people aware of the opportunity. Clerk /Administrator Pauley reported Dick Pellow has accepted the Council's invitation and will meet with them on December 19, at the agenda session. Clerk /Administrator Pauley updated the Council on the progress of negotiations on the tax increment financing for the SYSCO development. Changes have been made due to the change in value from the County appraiser. Mayor Linke reported the Ramsey County League of Local Government will hold their Christmas party on December 21 at Midland Hills. Mayor Linke adjourned the meeting32 PM. Don ld F. Paul Clem /Administr spectlully sub' tt d, Councilmember Wuori Councilmember Quick Mayor Linke Motion Carried 19. Adjournment