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HomeMy WebLinkAboutMinutes - 1997/12/08Page 1 December 8, 1997 Mounds mew City Council PROCEEDINGS OF T14iE CITY C017NCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MIlVNESOTA Regular Meeting December 8, 2 997 Mounds View City Hall 2401 Hwy. 10, Mounds View, MN 55112 *************************s******•************************************************* A CALL MEETING TO ORDER• The Mounds View City Council was called to order by Mayor McCarty at 7:00 p.m. on December 8, 1997. ~ ROLL CALL: Ml~vl$ERS PRESENT : Mayor McCariy, Council members Koopmeiners, Gunn, Quick and Stigney ALSO PRESENT: Chuck Whiting, Clerk Administrator Rick Jopke, Community Development Director Michael Ulrich, Director of Public Works Cathy Bennett, Economic Development Director Bob Long, City Attorney G APPROVAL OFMIM~'FS- 1. Regular Meeting of November 24,1997 MOTION/SECOND: Koopmeiners/Stigney to approve the minutes of the Regular Meeting of November 24, 1997 as presented in writing. VOTE: 5 ayes 0 nays Motion Carried Mr. Whiting noted that he would like Mr. Ulrich, Public Works Director to address Item E.(6). Mayor McCarty asked that Item E(6) be removed for discussion. • MOTION/SECOND: Quick/Gunn to approve the Consent Agenda with the removal of Item E(6). • • Page 2 December 8, 1997 Mounds View City Council VOTE: 5 ayes 0 nays APPROVED Motion Carved Discussion on Item E(61: Approval of Resol ~tirm Nn 5197 RPVnlrin~ m;r'pal 4tatc A;ri crr~*_ Desi anon. Mr. Mike Ulrich, Public Works Director, explained that County Road I was designated as a municipal state aid road. It is also a county turn back road. The turn back mileage from Spring Lake Road and County Road I would exceed the 20% allowed. Therefore, it has been recommended that the state aid designation be removed from County Road I between Pleasantview and Silver Lake Road, go back to a County Road and when the city receives it as a turn back, they could then re-designate it as a municipal state aid road above the 20%, according to the turn back policies. He noted that it does nothing whatsoever to the standard by which the road will be wnstructed in the future. State aid is available at this time for that road, and it will be available again when the road is re-designated, If the road is not built to state aid standards, state aid moneys will not be applied. Mayor McCarty stated he would like to extend the courtesy to the community to allow for their input on this issue and allow time to incorporate it into the council's consideration of the entire Spring Lake Road/County Road I project MOTION/SECOND: McCarty/Stigney to table consideration of Resolution No. 5192, Revoking Municipal State Aid Street Designation. VOTE: 5 ayes 0 nays Motion Carried F. ItFSIDENTS R~QI1F..4_T.S.41VD COMMENT4 FROMTHE Fl.l~R~ Mayor McCarty explained that this is the time for residents to address the council with concerns on items that are not on the Agenda. There were no questions or comments from the floor. G. COUNCIL BUSINE'CS~ 1. Public Hearings to consider the renewal and transfer of on/off sale 3.2•/. mail liquor licenses. a. To consider fhe renewal of flee 3.Z % on-sale malt liquor license for the Bridges Gol}'Cotase, Z8S0 82nd Lane Mayor McCariy opened the Public Hearing at 7:11 p.m. There were no questions or comments from the ' public on this issue and Mayor McCarty closed the public hearing at 7:12 p.m. MOTION/SECOND: Koopmeiners/Quick to approve the renewal of the 3.2 on-sale malt liquor license for the Bridges Golf Course, 2850 82nd Lane. VOTE: 5 ayes 0 nays Motion Carried b. To consider the renewal of the 3.2% off-,sale mah liquor license for Tom Thumb Food Markets, 2408 County Road I. Page 3 December 8, 1997 Mounds View City Council APPROVED Mayor McCarty opened the Public Hearing at 7:12 p.m. There were no questions or comments from the public on this issue and Mayor McCarty closed the Public Hearing at 7:13 p.m. MOTION/SECOND: Quick/Koopmeiners to approve the renewal of the 3.2 off-sale malt liquor license for Tom Thumb Food Markets, 2408 County Road I. VOTE: 5 ayes 0 nays Motion Carried G To consider the transfer of the 3.Z% off`-sak malt liquor license for SuperAmerica to Retail .loint Venture, 2640 County Road I. Mayor McCarty opened the Public Hearing at 7:13 p.m. There were no questions or comments from the public on this issue and Mayor McCarty closed the Public Hearing at 7;14 p.m. MOTION/SECOND: Gunn/Koopmeiners to approve the transfer of the 3.2% off-sate malt liquor license for Super America to Retail Joint Venture, 2640 County Road I. VOTE: 5 ayes 0 nays Motion Carried 2. Consideration of Resolution No. 5194, Approving the Mounds View Matters Newsletter Bid Award • to Nystrom Publishing for the year 1998. MOTION/SECOND: Quick/Koopmeiners to approve Resolution No. 5194, Approving the Mounds View Matters Newsletter Bid Award to Nystrom Publishing for the year 1998. VOTE: 5 ayes 0 nays Motion Carried Mayor McCarty asked that Item 4 under Council Business be considered prior to Item 3, as the Council's action on Item 4 would affect their decisions on Item 3. 4. First Reading of Ordinance No. 608, an Ordinance Vacating a Portion of a Drainage Easement over and across Lots 17 and 18, Block 1, Edgewood Square, requested by Good Value Homes, Lic. a. Public Hearing: Mayor McCarty opened the Public Hearing at 7:19 p.m. There were no comments or questions from the public and Mayor McCarty closed the Public Hearing at 7:20 P•m MOTION/SECOND: Stigney/McCarty to deny the request for Ordinance No. 608, an Ordinance Vacating a Portion of a Drainage Easement over and across Lots 17 and 18, Block 1, Edgewood Square, requested by Good Value Homes, Inc. Mr. Bob Long, City Attorney, stated he had reviewed all correspondence in the records including a letter dated June 28, 1981 from the Minnesota Soil and Water Conservation District. In this letter, they recommended that Lots 17, 18 and 19 remain undeveloped for drainage and wetland purposes. This is one of the reasons the drainage easement was granted across those lines. He also reviewed a letter dated August 12,.1981 from the Short-Elliott-Hendrickson Engineering firm which concurred that leaving those lots undeveloped would be of • benefit to the city for wetlands and drainage. Page 4 December 8, 1997 Mounds mew City Council APPROVED Mr. John Peterson, representing Good Value Homes, Inc., explained that the two reasons the city acquired a drainage easement in the 1980's were for storm water detention and because it was believed to be wetland. Neither of those conditions exist today and the plan they propose would actually improve the storm water detention in the area by increasing the capability of the ponding area in terms of storage. They have also gone to great lengths to determine that this land is not a part of the wetlands, as originally determined He proceeded to clarify the details regarding ownership of the property, noting that they have a purchase agreement with the current owner for the purchase of the land Mayor McCarty asked if this purchase agreement contained air contingencies. Mr. Peterson noted that the agreement was contingent upon the approval of Ordinance 608 by the City of Mounds View. Mayor McCarty noted that the Consulting Engineers had already determined that the Iots were within the 904 Contour elevation which at that time was determined to be wetland through the Soil and Water Conservation Districts. He does not know what would have changed physically to make that determination any different. He believes the drainage easement was given in good faith that these lots would not be buildable. ROLL CALL VOTE: (To deny Ordinance 608) Mayor McCarty aye Council member Quick nay • Council member Stigney aye Council member Gunn aye Council member Koopmeiners nay Motion carried (3-2) 3. Consideration of Resolution No. 5173, a Resolution Approving a Wetland Alteration Permit for Lots 17 & 18, Block 1, Edgewood Square, requested by Good Value Homes, Ilnc. MOTION/SECOND: McCarty/Stigney to table indefinitely Resolution No. S I73, a Resolution Approving a Wetland Alteration Permit for Lots 17 and 18, Block 1, Edgewood Square, requested by Good Value Homes, Inc. VOTE: 5 ayes 0 nays Motion Carried 5. Public Hearing and Consideration of Resolution N0.5183, a Resolution Approving the Silverview Estates Preliminary Plat and 6. Public Hearing and Consideration of Resolution No. 5184, a Resolution Approving the Development Stage Review for the Silverview Estates PUD. Mayor McCarty opened the Public Hearings at 7:30 p.m. Mr. Patrick Peters, Planning Consultant, explained that the applicant, Silverview Estates, is requesting approval for a Preliminary Plat and Development Plan for a convenience market, two office buildings and a senior residential facility at the corner of Highway 10 and Silver Lake Road He went over the events that have occurred since May when the City Council approved the ordinance for the rezoning of the property and the resolution approving the general concept plan for the PUD. The Planning Commission reviewed the plat Page 5 • December 8, 1997 Mounds View City Council APPROVED for a second time at its November 19th meeting and a revised preliminary plat has been submitted to the staff that satisfactorily addresses the three conditions identified in the Planning Commission resolution concerning necessary easements and additional County right-of--way. The fourth condition is in regard to park dedication fees and requires that the applicant pay 10% of the market value of the property for park dedication fees. This would amount to $68,400. and must be paid prior the issuance of any building, grading or other permits by the city. Mr. Peters noted that the Planning Commission and staff review of the project has included various elements including landscaping, the signing on site, the architectural consistency, the integrity of the architecture, site lighting and on-site motor and pedestrian circulation, drainage, etc. Mr. Mike Black, representing Silverview Estates, Inc., provided a general review of the proposed development. He noted that the site consists of 13 acres and will include four major structures. These structures include a Holiday Stationstore, a 25,000 square foot office building, a 5,000 square foot office building, and athree-story senior apartment building consisting of 82 units with underground parking. Their development proposal includes three access points to Highway 10, which has received approval from MNDOT. Mr. Black noted that the Rice Creek Watershed District has reviewed the drainage and runoff calculations and treatment. Mr. Charlie Radloff, the Site Planner/Designer and Architect and Mr. Charles Plow of Plow Engineering • provided diagrams showing elevations of the proposed buildings. Samples of the proposed building materials were also presented Detailed exhibits were also available to indicate the parking lot lighting and pedestrian lighting as well as a landscape plan. Mr. George Winiecki, 2704 Highway 10, stated he likes the proposed development, but as an adjacent property owner he has some concerns about it. He would like to see the office buildings constructed to prevent a less desirable development from occurring there in the event that later on they find that the intended use is not marketable. .Mayor McCarty explained that the City Council has the authority to approve or deny and amendments to the PUD and that any changes would need to be brought before the council for consideration. Mr. Winiecki also stated his concern about the pond that is on the property now and the stress that will be put on it with the additional development. Mr. Peters noted that all issues were addressed as part of the review by the Rice Creek Watershed District. In addition, the City Engineer has also reviewed all of the calculations. The developer's engineers, the Rice Creek Watershed and the City Engineer have all agreed that the surface water management controls are sufficient. Mr. Winiecki noted that the holding pond on his property is behind his building. With a new structure being constructed so closely, he has concerns that the water flow will be affected He wondered if the holding pond could be moved Mayor McCarty noted that this would need to be addressed by the Rice Creek Watershed. Mr. Peters noted that staff was made aware of this issue prior to the Planning Commission Meeting aad as a precaution, they have included a condition in the resolution that requires the City Engineer to review and approve the design to make sure that the storm water IIow is not impeded or altered With no further questions, Mayor McCarty closed the Public Hearing at 8:04 p.m. Council member Stigney asked about the trailway with the bridge/walkway which was a part of the original proposal. • Page 6 December 8, 1997 Mounds View City Council APPROVED Mr. Black provided a diagram depicting the proposed wallcway system. He noted that no walkway will be provided along the rear of the senior building to allow for privacy. Council member Stigney stated he would still like to see it provided along the South side as well. Consideration of Resolution No. 5183, a ResoLdion Approvutg the Silverview Estates Preliminary Plat MOTION/SECOND: Quick/Koopmeiners to approve Resolution No. 5183, a Resolution Approving the Silverview Estates Preliminary Plat VOTE: 5 ayes 0 nays Motion Carried Consideration of Resolution No. 5184, a ResoL~on Approving the Development Stage Review for dee Silverview Estates PUD. MOTION/SECOND: Koopmeiners/Gunn to approve Resolution No. 5184, a Resolution Approving the Development Stage Review for the Silverview Estates PUD. • VOTE: 5 ayes 0 nays Motion Carried Mayor McCarty called a recess at 8:10 p.m. The City Council was reconvened at 8:15 p.m. 7. Consideration of Resolution No. 5198, An Agreement by and between the City of Mounds View and MPHA regarding Silver Lake Commons. Mr. Long, City Attorney, explained that this resolution would authorize the Mayor and City Administrator to execute the three agreements that are a part of this project These agreements include the Cooperation Agreement which is between the City and the MPHA, the Initial Agreement (Joint Powers Agreement) between the City and the MPHA, and the Developers Agreement which is between the City and the Developer. Mr. Long took this opportunity to briefly explain the changes which were made to the agreements. He noted that he believes the agreements have addressed all of the issues which were raised by the Mayor and Council. MOTION/SECOND: Quick/Koopmeiners to Approve Resolution No. S I 98, An Agreement by and between the City of Mounds View and MPHA regarding Silver Lake Commons. VOTE: 4 ayes 1 nay (Stigney) Motion Carried • Council member Stigney stated he could not support this resolution due to the position it puts the city in for forty years. Mayor McCarty noted that city has been working for a very Iong time to get the apartment buildings on Highway 10 renovated and remodeled. He believes this is the most cost efficient for the city. 7. (a) Opportunity for Hearing and Consideration of Resolution No. 5181, a Resolution Authorizing Abatement of Nuisances at 2264 Buckingham Lane. Mr. Jopke, Community Development Director, explained the Inspection staff has been out to the referenced ProP~Y and determined that it constitutes a hazard under state statutes and city code. The exterior walls are Page 7 December 8, 1997 Mounds View City Council APPROVED bulging outward, the roof is sagging, the floor is sagging from inadequate foundation and there is excessive mold growth on the exterior of the wall. Mr. Jopke noted that this is a mobile home unit and therefore the abatement process is complicated. Mr. Long explained the legalities of the abatement, noting that if the abatement of the property were approved by the Council, the owner of the mobile home park would be served with a copy of the abatement, stating that the hazardous condition must be corrected with 20 days. If the work was not completed with 20 days, the city would go to the Ramsey County Court to ask them to give the city permission to go in and complete the work required by the order and the city's costs would be paid for by putting the assessment against the land on the taxes. Ms. Renae Bartosch, 2264 Buckingham Lane, owner of the mobile home, stated they purchased the home and realized several months suer they bought that the addition which they planned to use as a living room was rotting. They cannot financially afford to make the necessary repairs. The Council discussed various options available to homeowners such as low interest home improvement loans, etc. Mayor McCarty asked if the city could extend the time allowed for completion of the improvements to allow the owners to secure some type of financing. Mr. Long explained that an extension would be allowed for this purpose. Mayor McCarty stated he would like to suggest that the Council change the time in the Abatement Order from 20 days to 45 days. MOTION/SECOND: Koopmeiners/Gunn to change the time period in the Abatement Order from 20 days to 45 days. VOTE: 5 ayes 0 nays Motion Carved MOTION/SECOND: Quick/Koopmeiners to Approve Resolution No. 5181, Ordering the Abatement of Hazardous Conditions Existing at 2264 Buckingham Lane, in the City of Mounds View, AS AMENDID. VOTE: 5 ayes 0 nays Motion Carried 8. First Reading of Ordinance No. 609 Authorizing the City Council otthe City of Mounds View to set water rates and surcharges effective with the January 1998 billings. Mr. Long, City Attorney, noted that under the City Charter, any time there is a change in rates, a Public Hearing must be held, with publication 10 days in advance. The first reading could be held and a Public Hearing could beheld at the time of the second reading. MOTION/SECOND: Quiek/Stigney to approve the first reading of Ordinance No. 609, Authorizing the City Council of the City of Mounds View to set water rates aad surcharges effective with the January 1998 billings, to waive the reading and to schedule the Public Hearing for January 12, 1998. ROLL CALL VOTE: Mayor McCarty: aye Council member Koopmeiners aye Council member Gunn aye Council member Stigney aye Council member Quick aye • • U Page 8 December 8, 1997 Mounds View City Council Motion Carried (5-0) D SPECL4L ORDER OFBLn»yF'SC• APPROVED Resolution of Appreciation for Fire Motor Operator Elroy D. Thorson, Retiring November 30,1997. Mayor McCarty read Resolution No. 5186. MOTION/SECOND: Koopmeiners/Stigney to approve Resolution No. 5186, Resolution of Appreciation for Fire Motor Operator Elroy D. Thorson, Retiring November 30, 1997. VOTE: 5 ayes 0 nays Motion Carved H. REPORTS: Report of Mayor. Mayor McCarty noted that the city currently has two vacancies on the Park and Recreation Commission. ff anyone is interested in applying for one of these positions, they should contact City hall. Report of Council members: Koopmeiners: No report. Stigney: No report. Quick: No report Gunn: Council member Gunn thanked the Fire Department for bringing Santa Claus around , noting that the children thoroughly enjoyed it. She noted that the Pinewood School is trying to start up a mentor program and if there is anyone interested in giving some time to spend with youth, they should call the school. Report of Clerk Ad ini+trator. Mr. Whiting noted that a meeting will be held on Tuesday, December 17th at ? p.m. to go over the traffic report completed by SRF. Staff is still in the process of reviewing the policies of the Spring Lake Road project, and he will keep the Council informed as to the meetings for the assessment policy. Report of Attorney: No report. Tam , 2781 County Road I, stated he would like to go on record as to say that some meetings should be appropriated on the Pinewood Circle lots, and that the city should negotiate the proposal as to whether or not the land should be developed J. NEXT COUNCIL WO 1~ ESSION• Janao~y S 1997- 6.OOp m. NEXT COUNCIL MEETING: December 15.1997- 7:00 nm. 8 ADJOURNMENT.• MOTION/SECOND: Koopmeiners/Stigney to adjourn the Council meeting at 9:00 p.m. C] Page 9 December 8, 1997 Mounds View City Council VOTE: 5 ayes 0 nays Motion Carved Respectfully submitted, G~~~ Tamara D. Saeflce Recording Secretary APPROVED • MOUNDS VIEW CITY COUNCIL MEETING Please sign NAME ADDRESS ~~ ~ ~ ~ ~ .. . .*, R °~ ~~ ~ Tv ~ a..:S~J .r w j ~; ~ ff ~., ~, 1f J s~V ` 1 ~ G; i ~ ~__ r - _ _.~ ~._ l ~ ~ ,, ; ;; `_ E ~ ~ 4 3