Loading...
HomeMy WebLinkAboutMinutes - 1989/06/12CITY COUNCIL MEETING CITY OF MOUNDS VIEW 4 JUNE 12, 1989 6:00 P.M. - JOINT MEETING WITH PARKS AND RECREATION COMMISSION 7:00 P.M. A G E N D A 1. Call to Order 2. Pledge of Allegiance 3. Roll Call - Wuori, Paone, Quick, Blanchard, Hankner 4. Approval of Minutes: May 22, 1989 Regular Meeting (Received in 6-5-89 Packet) June 1, 1989 Special Council Meeting Minutes 5. Public Hearings - 7:05 P.M.- Request of Dynamic Design- ers for Wetland Alteration Permit to Construct a Four- plex in a Wetland Buffer Zone at 7656/7660 Woodlawn Drive 7:10 P.M.- Proposed Modification of Development District No. 2 and the Proposed Modifica- tion of Tax Increment Financing District No. 1 and the Proposed Adoption of the Modified Tax Incre- ment Financing Plan and Program Relating Thereto 7:15 P.M.- Request of Everest Develop- . ment for Concept Plan and Development State Plan Approval and Wetland Alteration Permit for Mounds View Business Park South, Planning Case No. 199-86 AGENDA PAGE TWO JUNE 12, 1989 U 7:20 P.M. - Renewal of On-Sale and Sunday Sales Intoxicating Liquor License for Robert's Off 10 7:21 P.M. - Renewal of On-Sale and Sunday Sales Intoxicating Liquor License for Donatelle's Supper Club ' 7:22 P.M. - Renewal of On-Sale and Sunday Sales Intoxicating Liquor License for Mermaid Cocktail Lounge, Inc. 7:23 P.M. - Renewal of On-Sale and Sunday Sales Intoxicating Liquor License for Loose Ends On 10 7:24 P.M. - Renewal of Off-Sale Intoxicating Liquor License for B and R Liquor • 7:25 P.M. - Renewal of Off-Sale Intoxicating Liquor License for Budget Liquors 7:26 P.M. - Renewal of On-Sale Wine License for Bel-Rae Ballroom 6. Informational Meeting - 7:30 P.M. - Ardan Avenue Drainage Report 7. Residents Requests and Comments From The Floor -------------------------------------------------------- CITIZENS: BEFORE SPEAKING PLEASE GIVE YOUR FULL NAME AND ADDRESS FOR THE MINUTES -------------------------------------------------------- 8. Approval of Consent Agenda ITEM A. Approve Hiring of the Following Individuals for the Wage Rates and Starting Dates Listed for a Period Not to Exceed 66 Working Days Bruce Pebble $5.50/Hr. June 13, 1989 Bruce Lindall $5.50/Hr. June 7, 1989 • Tim Hetlund $6.00/Hr. May 30, 1989 To be Funded Equally by Water and Sewer Funds AGENDA PAGE THREE • JUNE 12, 1989 ITEM B. Approve Partial Payment #1 in the Amount of $230,667.60 to Lametti & Sons for SYSCO Public Improvements to be Charged to Tax Increment Fund ITEM C. Approve Purchase of Used Air Compressor from Carlson Equipment Company in the Amount of $5,095 to be Charged to Water, Sewer and Street Capital Accounts Equally ITEM D. Approve Purchase of Asphalt Roller from Aspen Equipment Company in the Amount of $6,275 to be Charged Equally to Water, Sewer and Street Capital Accounts ITEM E. Approve Purchase of Trailer from Aspen Equipment Company in the Amount of $1,995 to be Charged Equally to Water, Sewer and Street • Capital Accounts ITEM F. Authorize Mayor to Enter into Termination of Construction Escrow Agreement for the Stanley Fisher Addition ITEM G. Set Public Hearing for 7:05 P.M., June 26, 1989 to Consider an Application for Wetland Alteration Permit by Brian Daniels, 7280 Silver Lake Road ITEM H. Set Public Hearing for 7:10 P.M., June 26, 1989 to Consider Application for Wetland Alteration Permit by Michael Read, 2208 Lois Drive ITEM I. Adopt Resolution No. 2495 Approving Just and Correct Claims Against City Funds 9. Consideration of Oakwood Park Improvement Plan 10. Consideration of Approval of Plans and Waive Building Permit Fees for Silver View Park Picnic Shelter 11. Consideration of Resolution No. 2494 Authorizing the City of Mounds View to Enter into an Agreement with Texgas for a Propane Fueiling Equipment Upgrade • AGENDA PAGE FOUR • JUNE 12, 1989 • 12. Consideration of Resolution No. 2496 Authorizing the City of Mounds View to Contract with Century Fence for Fencing of the Public Works Shop Area 13. Approve Purchase of Used Truck for Parks Department (Information to be provided Monday evening.) 14. First Reading of Ordinance No. 467 Amending the Municipal Code of Mounds View By Amending Chapter 101 Entitled, "Non-Intoxicating Liquor" 15. Adopt Resolution No. 2491 Approving the Modification of Development District No. 2 and the Development Program Relating Thereto and Modifying Tax Increment .Financing District No. 1 and Approving the Modified Tax Increment Financing Plan Relating Thereto 16. Report of Attorney 17. Report of Staff Members 18. Report of Councilmembers: Wuori, Paone, Quick, Blanchard, Hankner • 19. Report of Administrator 20. Adjournment • CONSENT AGENDA JUNE 12, 1989 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 Hiring of the Following Individuals for the Wage Rates and Starting Dates Listed for a Period Not to Exceed 66 Working Days Bruce Pebble $5.50/Hr. June 13, 1989 Bruce Lindall $5.50/Hr. June 7, 1989 Tim Hetlund $6.00/Hr. May 30, 1989 To be Funded Equally by Water and Sewer Funds ITEM B. Approve Partial Payment #1 in the Amount of $230,667.60 to Linetti & Sons for SYSCO Public Improvements to be Charged to Tax Increment • Fund ITEM C. Approve Purchase of Used Air Compressor from Carlson Equipment Company in the Amount of $5,095 to be Charged to Water, Sewer and Street Capital Accounts Equally ITEM D. Approve Purchase of Asphalt Roller from Aspen Equipment Company in the Amount of $6,275 to be Charged Equally to Water, Sewer and Street Capital Accounts ITEM E. Approve Purchase of Trailer from Aspen Equipment Company in the Amount of $1,995 to be Charged Equally to Water, Sewer and Street Capital Accounts ITEM F. Authorize Mayor to Enter into Termination of Construction Escrow Agreement for the Stanley Fisher Addition ITEM G. Set Public Hearing for 7:05 P.M., June 26, 1989 to Consider an Application for Wetland Alteration Permit by Brian Daniels, 7280 Silver Lake Road • ITEM H. Set Public Hearing for 7:10 P.M., June 26, 1989 to Consider Application for Wetland Alteration Permit by Michael Read, 2208 Lois Drive ITEM I. Adopt Resolution No. 2495 Approving Just and Correct Claims Against City Funds DATE APPQO~~~~ ~'~z(y/84 4 PROCEEDINGS OF THE CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting June 12, 1989 Mounds View City Hall 2441 Hwy. 10, Mounds view, MN 55112 --------------------------------------------------------------=--------- The Mounds View City Council was called to order by Mayor Hankner at 7:04 PM. The Pledge of Allegiance was said. MEMBERS-PRESENT: Councilmembers Wuori, Paone, Quick and Mayor Hankner. Councilmember Blanchard was noted as absent. ALSO PRESENT: City Attorney Karney, Clerk/ Administrator Pauley and City Planner Hren. Motion/Second: Paone/Wuori to approve the May 22, 1989 and June 1, 1989 minutes as presented. 4 ayes 0 nays 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Approval of Minutes: May 22 and June 1, 1989 Motion Carried Mayor Hankner closed the regular meeting and opened the first public hearing at 7:08 PM. City Planner Hren reviewed the request of the applicant for a wetlands alteration permit, for the construction of a 4 plea, with a 5 stall garage within the 100' buffer of the wetland at 7656/7660 Woodlawn Drive. She explained the ordinance does allow building within the 100' buffer zone with a wetlands alteration permit. Barr Engineering has reviewed this request and determined it would not impact the wetland signi- ficantly. The City Engineer recommended the drainage plan be altered so it all goes toward the wetland, and Barr concurs with that. The site plan meets all the criteria of the ordinance, other than falling within the 100' buffer zone. The Planning Commission has reviewed the proposal and recommends approval of the request. 5. Public Hearing: Request of Dynamic Design- ers for Wetland Alteration Permit at 7656/7660 Woodlawn Drive Public Works Director Minetor joined the meeting at 7:11 PM. Mounds View City Council June 12. 1989 ` regular Meeting Page two Councilmember Wuori questioned how much surface area would be impervious. City Planner Hren explained 625 s.f. is required per unit, or 2, 500 s. f . for this proposal, and 6, 200 s. f . is actually provided. ' Kay Weisman, 7807 Bona Road, stated she realizes the ordinance allows for putting buildings in the buffer zone, but she feels the intent was to prevent that, not allow it. She added she feels the buildings will be too close and the residents will use the yard too close to the wetland, .and they should not be allowed to push the boundary back. Clerk/Administrator Pauley explained additional fill would be required, which they could not do. There is presently a 3-5' drop-off there. Mayor Hankner stated she was also concerned with the wetland, as a great deal of debris has been dumped there already. She added, however, that wetland alteration permits have been given'in the past to build in a wetland buffer zone. • Councilmember Quick noted the aerial photo seems to show the wetland was once much larger than it is today. He questioned if pilings would be used and if soil borings had been done. Public Works Director Minetor replied he was not aware of any soil borings, and he stated they would have to indicate in their building plans what their plans are for construction. Mayor Hankner noted this is not the first time a proposal has been presented for this piece of property, and this is by far the most suitable plan to date, and-the smallest. Jim Cepress, owner of the property. stated soil borings are on file with the City. He stated. they have a foot and a half of soil, then sand all the way down. The borings were taken about 4-6 years ago. Debbie Alman. 2390 Pinewood Circle, recommended cutting the five garage stalls to four. She also stated she felt a single family home would be the smallest and most suitable development of the property. City Planner Hren explained the two lots were combined into one some time ago. She added 10 parking stalls are required by ordinance. with 5 to be garage and 5 to be outside. She explained the impervious surface Mounds View City Council June 12, 1989 ` Regular Meeting Page Three -------------------------------------------------------------------------- remains the same, whether the area is a covered garage or open parking stall. She added the property is zoned R-3. Mayor Hankner stated if they required a single family home for that property, they would have to downzone the property, which could involve litigation. Clerk/Administrator Pauley added it was zoned R-3 prior to 1980. Councilmember Quick questioned whether the wetland has the capability to handle additional run-off from this development. Public Works Director Minetor replied he believed it did. The storm sewer leaving that wetland is slightly under capacity, and the developer would be required to pay storm water management charges, and he explained the type of system that could be used. Mayor Hankner explained what Chapter 509. is, which requires the development of drainage. plans for each district in the City. • Ms. Alman questioned what type of precedent this would be setting for future development in a buffer zone. Councilmember Quick replied he did not feel it would set any precedent.. He noted that the chief author of the wetlands ordinance was Mayor at the time the first wetlands alteration permit was issued. Mayor Hankner added they look at each development individually to make sure everything is in order. Mayor Hankner closed the public hearing. and reopened the regular meeting at 7:31 PM. Public Works Foreman Ulrich requested that the name 6. Approval of of Bruce Lindall be removed from Item A of the con- Consent Agenda sent agenda, and that he be allowed to interview and select another individual for the position. He also requested the name of the supplier be corrected to Carlson Equipment Company in Item E. Clerk/Administrator Pauley recozmnended the Council approve the two remaining individuals under Item A and approve the hiring of a third individual, but that individual would have to be approved spec if ically by the Council once they were selected. Mounds View City Council June 12. 1989 Regular Meeting Page Four -------------------------------------------------------------------------- Motion/Second: Wuori/Quick to approve the consent agenda, as corrected, and waive the reading of the resolutions. 4 ayes 0 nays There were no residents requests or comments fromi the floor . Mayor Hankner closed the regular meeting and opened the next public hearing at 7:35 PM. Clerk/Administrator Pauiey reviewed the proposed modifications which related to the amendment to the plan adopted for tax increment financing for the Mounds View Business Park. Everest Development has requested tax increment financing for Mounds View Business Park South. The City has not approved that, and this amendment would allow the City to negotiate that item and does not represent approval. Pursuant to State. law, the amendment must be made by June 30. • Glenda Burrows, resident of the corner of O'Connell Drive and Woodale, presented a petition to Mayor Hankner, signed by residents of the area who are against the extension of Woodale and the wetland alteration permit. Mayor Hankner accepted the petition and explained it was appropriate for the next public hearing. She stated there are already two other tax increment financing projects in the City, Mounds View Business Park North and Sysco. The Council has taken the stance that they will not go beyond 15 years with tax increment financing on projects. Bill Buckingham, 5220 Greenfield, asked for an expla- nation of tax increment financing. Clerk/Adminis rator Pauley explained what it is, and stated that the theory is that without it, development would not occur, and it is a method of competing with other areas for development, which ultimately will bring increased tax dollars into the City, as well as other taxing jurisdictions. Motion Carried 7. Residents Requests and Comments from the F loor 8. Public Hearing: Proposed Modi- f ication of Dvlpt. District No. 2 and Proposes Modification of Tax Increment Financing District No. 1 Mr. Buckingham stated he felt the City was giving up revenue in the short run, as well as the County and School District. Mounds View City Council June 12. 1989 ~tegular Meeting Page Five -------------------------------------------------------------------------- • Mayor Hankner further explained the tax increment financing process. Ms. Weisman asked if the Council really believed Everest would not go ahead with the project without tax increment financing, pointing out how successful their Mounds View Business Park North project has been. Mayor Hankner explained that statistics have identified tax increment financing as helping to attract Fortune 500 companies, which they feel is important vs. unstable companies. Clerk/Administrator Pauley identified the Fortune 500 companies that have located within the City recently and those who are expected to come in. Bill Frits, 8072 Long Lake Road, asked for further clarification of the tax increment financing concept, as far as what portion goes to the City,. County and School District, and what is done after the loans are paid off. Clerk/Administrator Pauley explained any surplus each year can either be put into debt retirement or go to • the taxing bodies. Mayor Hankner closed the public hearing and reopened the regular meeting at 7:59 PM. Mayor Hankner closed the regular meeting and opened the next public hearing at 7:59 PM. Tim Nelson, of Everest Development, reviewed the site plan for proposed Mounds View Business Park South. It is a 17+ acre site, and he explained its location within the City. The plan is for three light industrial buildings, and he reviewed their type of construction, the parking, landscaping and traffic flow. The buildings will consist of 235,000 s.f. total. They propose to connect with existing Woodale Drive on the south side of Highway 10, and they will also have access to the south to County Road H. Mr. Nelson reviewed the proposal for improvements to the wetland area, which. is School District pro- perty. He explained the School District will con- tinue to own it. He also reviewed the drainage plan. This has already been approved by the Rice Creek. Watershed District, and will be presented to the • School Board later this. month., for their approval of the wetland area proposal. The wetland area is approximately 14 acres in size and plans are to include ponding, a nesting island and a trail system. 9. Public Hearing: Request for Everest Develop- ment for Concept Plan and Develop- ment Stage Plan Approval and Wet- land Alteration Permit for Mounds View Business Park South, Planning-Case No. 199-86 Mounds view City Council June 12, 1989 Regular Meeting. Page Six The maximum depth. of the pond will be 5', with an average depth of 3', with a 5 to 1 slope. Mr. Nelson reviewed the findings of the traffic " engineering report, and he also reviewed the pro- posed plantings for the property. He also explain- ed the PUD process, of which the first two steps have been completed. Mr. Nelson explained the two wetland alteration permits they are requesting, and reviewed the plans for public improvements. Theresa Lexon, 5229 Jeffrey Drive, asked if the buildings. would be two story. Mr. Nelson explained they will be 24' high., which would allow for 20' high warehouse areas, or office space to be put on a second floor. They-will not know what is required until leases are signed, but they are anticipating 15°s of the project will be office space. The buildings are light industrial, and they will have an office building appearance from the outside. Ms. Lexon asked if there would be trucking in the area, and whether they would go down Woodale Drive. Mr. Nelson stated there would be, and the interior circulation has been designed to keep the trucks away from the parking and office space. The trucks would have access onto Highway 10 or County Road H and they do not believe they would use Woodale to the west. Gary Olson, no address given, asked why Woodale was being upgraded. Mr. Nelson replied it is to meet the requirements of the City. Mr. Olson stated he had been told by the City Engineer that sign s cannot be posted prohibiting truck. traffic. Mr. Minetor explained Woodale is a Minnesota State Aid s reet, which must be constructed to State Aid standards to continue receiving the aid, and they cannot prohibit trucks from a State Aid street. He added it had been one for several years.. Mayor Hankner explained the City is trying to use the State gas tax money that is available, and the City is subject to certain guidelines and requirements of the State. founds View City Council June 12, 1989 Regular Meeting Page Seven -------------------------------------------------------------------------- • Mr. Olson stated they already have trucks and other traffic in their area, looking for the business park. on the north side, and they do-not want any more that would come with development. Mayor Hankner stated they had not received any phone calls or any indication of concern about this issue until the past week, even though it has been discussed many times already. Mary Paone, 5240 O'Connell Drive, asked why the road extension is needed. Mayor Hankner explained that in July 1980, as part of the Comp Plan for the City, the extension of Woodale Drive was. approved for implementation. with. any future development in that area, for health and safety reasons. She pointed out they had only received one complaint about it as of last week, even though. it has been discussed numerous times, going all the way back to 1980. She added she had gone back through City records and prepared a listing which was available to the residents, showing the numerous times this was discussed, and she did not find any record of objection to the extension of Woodale in any previous discussions. . Norman Burrows, 5200 O'Connell Drive, stated he did not know the road was proposed to go through. Mayor Hankner explained an informational meeting was held, articles appeared in the newspapers, and notice was given, informing the residents of the meetings:. She added the Council uses the Comp Plan and Zoning Code to review developments, and is following the guidelines of both. She pointed out this proposed development has been on the Council agenda several times, and the Council has been asking for comments: and concerns up front, and has requested input from the residents. She further pointed out the Planning Commission reviewed the development using both. the Comp Plan and Zoning Code. William McCullough, 5269 Greenfield, asked why that was adopted in 1980 when the houses have been there for 20 years. Mayor Hankner explained that in the 70's', the State required cities to adopt a Comp Plan. She added she was not personally involved in City government at that time. She also pointed out th.e public hearing process prior to adoption, and residents could. have voiced any objections then. Greg Flatten, 5229 0"Connell, asked why it took. this proposed development to come along, if the City was. concerned about the health. and safety in 1980. Mounds View City Council June 12. 1989 ' Regular Meeting Page Eight -------------------------------------------------------------------------- • Tim White, 5249 Greenfield, stated he felt the road would have truck traffic. Mayor Hankner explained the City is required to designate streets for State aid, and City Staff goes out and assesses the need for repair of roads in the City, and then designate those most in need of repair or construction. Mr. Minetor explained the. State requires compliance with the State Aid system,-and he reviewed that process. The City designated Woodale as a State Aid street to allow for better access for the residents. Mayor Hankner also pointed out the property was zoned as a result of the Comp Plan. Mr. White stated h.e is pleased with. the effort th,e City and Council is making to attract good businesses but he is still very concerned about the extension of the road, and questioned why they couldn`t use the Perkins exit. Mr. Nelson explained there is a 4' difference ,n . elevation, as well as a one-way traffic flow for the. north side of the project. Upon questioning, Mr. Nelson stated they would agree to stopping Woodale at the western edge. of their property, but they must follow the direction of the City. Mayor Hankner stated the Comp Plan was formally adopted and the Council has to address the issue. They are in the process of updating the Comp Plan with the Planning Commission and will be holding public hearings in the near future. Ed Donatelle, 5269 Jeffrey Drive, asked if Woodale. would be widened at th.e School District property, pointing out it is already narrower than most roads in the City. Mr. Minetor stated the School District is willing to give up the necessary area. The widening of the road will not affect the ball fields or tennis courts. John Ostlund, representing Independent School Di,stx.ict #621, explained they have met with the developer and reviewed the plan and they are. willing to give up the easement access: to have a safety fence and a natural berm, and .they axe willing to give up the, property on the School Diatri:.ct side. He pointed out that add- tional xoads axound the school, especially out to Highway 10, w.,ll greatly enhance the transportation flow... to .and ~ro~n the scli.ool . A recommendation will be going to the School Board oii June 26. founds View City Council Regular Meeting Mr. Ostlund stated the plan for the wetland area is desirable to the School District, as it will enhance that area. That will also be discussed by the School Board on June 26. Mr. Ostlund stated he had worked with the City on the Pinewood area and road improvements, and he compl- mented the City on the design of the improvements, stating they were very pleased with what was done and they now have a safer intersection in front of the school than they had before. Mr. Buckingham asked if Woodale would be used by school buses if it is extended. Mr. Ostlund replied it would be. He added the hill in front of the school can be quite dangerous during the winter and they would prefer to use another road if possible. Mr. Buckingham stated he lived in his home in 1980 and does. not recall any notices about the Comp Plan or proposed extension of Woodale, and he asked if the road could be downgraded now, and what the difference in funds would be. Mr. Minetor stated he did not know the exact dollar amount at this time, as the funds are received as a grand total and then allocated. Mayor Hankner stated they could look at the possibility of taking Woodale off the MSA inventory. Mr. Minetor explained there are no notice requirements for the designation of MSA streets. Mayor Hankner stated it is the policy of the present Council to notify people within 350' of a proposed project, as well as have the item listed on the agenda as frequently as possible, along with coverage in the newspapers, but it is also up to the residents to keep abreast of what is going on in the City. The resident of 5209 Greenfield asked who would pay for the street extension. Clerk./Administrator Pauley replied it would be out of tax increment financing and the bonds, and not by the property owners. Mr. McCullough. asked if the sewer system would connect with. the residential area. June 121 1989 Paqe Nirie ------------------ Mounds View City Council June 12, 1989 Regular Meeting Page Ten -------------------------------------------------------------------------- Mr. Minetor replied it would, and will flow through. the project and out to the main on County Road H, which will eliminate the need for the present lift station. He added this project will significantly alleviate problems the area is experiencing presently. Wall Steiner, 5220 O'Connell Drive, stated they have a nice residential area without much traffic, and he would like to keep the businesses separate from the residential area and he does not want to see the road extended. He pointed out the letter he received from the City of notification of the public hearing did not refer to the extension of Woodale, and he felt it should have been clearly stated. Mayor Hankner stated it was not in the letter spe- cifically as they would have to list every little thing, as different items are important to different people. She pointed out no one had raised the issue at the time the notices were prepared and the Council was not aytare:pf the sentiments of the residents. She added the Council must live with the Comp Plan which was adopted by a previous Council. She again pointed out the numerous times the public has been informed of the proposal and discussions that have occurred which. • the residents could have participated in. She also agreed that the Council needs to discuss this further. Mr. Buckingham stated he had five concerns, the changes proposed for the wetland, the potential traffic in- crease, tax increment financing, he does not feel warehouse use is desirable, and he questioned the track record of Everest Development. Mr. Flatten requested an explanation of what insignifi- cant impact is for traffic, and requested a copy of the report. Mr. Nelson explained the study was done by Benshuff and Associatds, as part of a year long environmental impact study, in conjunction with Mounds View Business Park North., then they updated the study for the proposed south development. Mr. Nelson reviewed the statistics provided in the study. He also stated they made a commitment to the City and neighborhood to restrict truck traffic into the residential area with the project to the north, and there has not been a problem there. They will do whatever is possible to restrict traffic to the west with this proposed development, and they will also be managing the property after it is developed. Mayor Hankner stated this would be placed on the agenda for the next agenda session, and the Council would direct Staff to study the. Woodale extension issue and MSA, and get all the required information together, and they will also place it on the June 26 agenda for further discussion and possible action. Mounds View City Council Regular Meeting • Bill Franke, of Everest Development, stated they would like to start the project as soon as possible, and the extension of Woodale is not critical to them, and they have only proposed it in conjunction with the City's Comp Plan. Al Plaisted, 5221 O'Connell Drive, stated he had heard the developer say more than once that they don't need the road, and he as a resident does not want it. Mayor Hankner stated they .must look at the legalities., and they will hear the recommendation of the City Attorney and Staff at the agenda session next week. Ms. Weisman asked the Council to consider the road extension would infringe on the wetland slightly. Mr. Frits stated he did not feel there is a compelling need to build a road just because the Comp Plan calls for it. Mr. Minetor stated that of the trees that would have to be removed, many have died already, and they will be looking at additional screening and plantings. He added parking is recommended to go along the north side of the road. Ms. Lexon stated the road is dangerous already, with. balls coming from the ball field and children playing in the street. Carol Olson, 5209 O'Connell Drive, asked why measure- ments had already been taken. Mr. Minetor explained survey work was required in order for the impact to be assessed. June 12, 1989 Page Eleven Ms. Olson questioned how. long it would be before wildlife would come back, after the wetland is dredged. Dick. Koppey, of Westwood Professional Services, stated it would take one to two years for vegetation and wildlife to begin to return, but it may be sooner. Mr. Flatten commented on the various types of wildlife he has seen in the wetland and stated he did not feel they would come back after development. Jerry Linke stated he felt parking should be on the south, side of the road, as the majority of the cars would belong to people at the ball fields. i Ms. Burrows stated the residents enjoy the wetland as a natural habitat, .and no one else goes in there., and sh.e does. not want to see the road extended and an increase in traffic. Mounds View City Council June 12, 1989 Regular Meeting Page Twelve -------------------------------------------------------------------------- • Mr. White asked if Woodale did not go through, whether it would prevent any other aspect of the project. Mr. Nelson replied it would not. Ms. Weisman expressed concern about the trail system and pond for the wetland, and stated she would like to hear an opinion from the Audition Society. She also suggested a fund be established for maintenance of the pond in the future. Mayor Hankner pointed out it is School District property. Ms. Alman asked if the Environmental Quality Task Force has finished the wetland inventory. Mr. Minetor replied they are still working on their goals. and objectives, and they have not undertaken any additional inventory of the wetlands. Mr. Nelson reviewed the history of Everest Development. Their principal owner has been in business since the early 1970's, and he reviewed local projects they have done. They presently manage 1.3 million s.f. of office and warehouse space and are a $30 million per year company. • Ms. Lexon stated there were many young children in the neighborhood, and she is concerned about her child playing out on the road or going unsupervised to the pond. Mr. Nelson explained there is presently a 6-10' drop along the property line, and while they will be putting in a retaining wall, they will not be increasing the drop. Councilmember Quick pointed out there is more than enough. water in the wetland now to drown an adult. Mr. Flatten stated he felt this. was being slid under the rug. Mayor Hankner again stated notices were sent to the residents.. Clerk/Administrator Pauley added tat they were sent to the entire area, not just within the 350' guide- line. Mayor Hankner stated the Council has tried to hold infor- mational meetings from the very beginning on this project, as they did on the Sysco project, and the Council and Planning Commission operated on the assumption that the residents were paying attention, which they were not. She added the Council will take all comments into considera- tion over the next two weeks. Mounds View City Council June 12, 19$9 Regular Meeting Page Thirteen -------------------------------------------------------------------------- Alice Frits, 8472 Long Lake Road, invited all the residents present to come back each 2nd and 4th Monday of the month, to attend the Council meetings and be informed. Clerk/Administrator Pauley added the meetings are cable cast and the agenda is broadcast from the Friday pre- ceding the meeting. He also explained public notices are listed according to State law, and they list the street address whenever there is one. Mayor Hankner closed the public hearing at 9:59 PM, and the Council recessed for a short break. The Council reconvened at 10:09 PM, and Mayor Hankner 10. closed the regular meeting and opened the next public hearing. Clerk/Administrator Pauley reviewed the process Staff followed in preparation for the public hearings on the liquor license renewals in the City. Each application was required to be accompanied by a certificate of insurance, inspections were done of on-sale establish- ments for fire and health code compliance, a determina- tion was made if any were in arrears on property taxes, s assessments or utility bills, the Police activity report was. reviewed, and inspections were conducted of all on-sale licensees authorized for Sunday sales to confirm compliance with City code. Clerk/Administrator Pauley reported Robert's Off 10 is in arrears on the payment of utility billings in the amount of $871.76, as of June 6, and a certificate of insurance was not provided. A Sunday inspection has not been done as they were closed the past Sunday, but it has been reported they are not in compliance with. the Sunday food safes. requirements. Another problem exists in that Mr. Waste also has an interest in Loose Ends on 10, and it is prohibited for any individual to have an interest in more than one liquor establish- ment in the City. Mr. Waste has encountered this pro- blem before and has been reminded again and advised to resolve the matter. Attorney Karney advised the City stay with the ordi- nance and convey that message to Mr. Waste. Mayor Hankner closed the public hearing and reopened the regular meeting at 10:14 PM. Public Hearing: Renewal of Liquor License for Robert's Off 10 • Mounds View City Council June 12, 1989 Regular Meeting Page Fourteen Motion/Second: Quick./Paone that the on-sale and Sunday sales. intoxicating liquor license be renewed for Robext's Off 10, conditioned upon payment of past due utility billings and receipt of a cer- tificate of insurance, and upon receipt of proof that Robert Waste's interest be placed with another individual, with notification to the City by June 30, 1989. 4 ayes 0 nays Mr. Linke stated he did not feel it was fair to allow only two weeks for Mr. Waste to accomplish that and suggested additional time conditionally be given. Clerk/Administrator Pauley replied the license expires July 1, and Mr. Waste has known the require- ments for a very long time. Attorney Karney added the City would be in deep trouble to allow a license to be renewed conditionally. Mayor Hankner closed the regular meeting and opened the next public hearing at 10:17 PM. Clerk/Administrator Pauley reported the applicant complied with. all code and statutory requirements, and Staff recommends renewal of the license. Mayor Hankner closed the public hearing and reopened the regular meeting at 1Q:18 PM. Motion/Second: Paone/Wuori to renew the on-sale intoxicating liquor license and authorization for Sunday sales for. Donatelle`s Supper Club. 4 ayes o nays Mayor Hankner closed the regular meeting and opened the next public hearing at 10:18 PM. Clerk/Administrator Pauley reported the applicant complies with. all code and statutory requirements., and Staff recommends. renewal of the license. Mayor Hankner closed the public hearing and reopened the regular meeting at 10:18 PM. Motion/Second: Quick/Paone to renew the on-sale intoxicating liquor license and authorization for Sunday sales for the Mermaid Cocktail Lounge, Inc. Motion Carried 11. Public Hearing: Renewal of Liquor License for Donatelle's Supper Club Motion Carried 12. Public Hearing: Renewal of Liquor License for Mermaid Cocktail Lounge, Inc. 4 ayes. 0 nays- Motion Carried Mounds View City Council June 12, 1989 Regular Meeting Page Fifteen -------------------------------------------------------------------------- Mayor Hankner closed the regular meeting and opened 13. Public Hearing: the next public hearing at 10:19 PM. Renewal of Liquor License Clerk/Administrator Pauley reported Loose Ends on 10 for Loose Ends is currently in arrears on payment of utility bills on 10 in the amount of $2,041.28, and delinquent in pro- perty taxes in the amount of $26,105.98 for 1988. He reported he had received a call from the applicant's attorney who advised him they had filed for Chapter 11 bankruptcy last fall and stated that being in arrears could not be a reason for not granting the license. A Sunday inspection has been done, and Ramsey County will be doing another health inspection. Clerk/Administrator Pauley recommended the renewal of the license conditioned upon payment of past due utility and property tax bills by June 30, unless determined to be prevented by law by the City Attorney. Attorney Karney advised he and the applicant's attorney had missed phone calls, and that he did not know of the issue until this evening and he • will have to research it and will have an answer yet this week. Steve Hauck, one of the owners, stated it was not their idea to avoid paying taxes, but rather a bankruptcy law, and they would like to have the license granted contingent upon paying off the property taxes on a time payment plan. Attorney Karney advised only one law can take precedence, and he recommended the City not grant the license if the State law takes precedence over the bankruptcy laws. Mayor Hankner closed the public hearing and reopened the regular meeting at 10:25 PM. Motion/Second: Hankner/Quick to direct the City Attorney to research Chapter 11 filing laws to see whether Federal law takes precedence, i.e., back property taxes and utility billings, and report back to the Council. 4 ayes 0 nays Motion Carried • Mayor Hankner closed the regular meetng and the next public hearing at 10:26 PM. Clerk/Administrator Pauley reported B and R is in arrears on the payment of utility bil in the amount of $224.22, and Ramsey County opened 14. Public Hearing: Renewal of Liquor License Liquor for B and R lings Liquor Property Mounds View City .Council June 12, 1989 Regular Meeting Page Sixteen -------------------------------------------------------------------------- Tax Department has reported property taxes are delin- quent in the. amount of $4,410.55 for 1987 and $4,457.18 for 1988. He added that information contradicts the information the City received for the 1988-89 license and Mr. Waste has been advised of the situation. A certificate of insurance was not provided with the application and has not been submitted to the City yet. Mayor Hankner closed the public hearing and reopened the regular meeting at 10:28 PM. Motion/Second: Paone/Quick to approve the renewal of the off-sale intoxicating liquor license for B and R Liquor, conditioned upon payment of past due property taxes and utility billings, and receipt of the certificate of insurance, by June 30, 1989. 4 ayes 0 nays Motion Carried Mayor Hankner closed the regular meeting and opened 15. Public Hearing: the next public hearing at 10:28 PM. Renewal of Liquor License Clerk/Administrator Pauley reported the applicant for Budget complies with all code and statutory requirements, Liquors and Staff recommends renewal of the license. Mayor Hankner closed the public hearing and reopened the regular meeting at 10:28 PM. Motion/Second: Quick/Paone to renew the off-sale intoxicating liquor license for Budget Liquors. 4 ayes 0 nays Motion Carried Mayor Hankner closed the regular meeting and opened 16. Public Hearing: the next public hearing at 10:29 PM. Renewal of Wine License for Clerk/Administrator Pauley reported the certificate Bel-Rae of insurance has not yet .been provided to the City. Ballroom as well as a letter from the licencee indicating the percentage of wine sales. He added Staff recommends approval conditioned upon receipt of the certificate of insurance and letter by June 30, 1989. Mayor Hankner closed the public hearing and reopened the regular meeting at 10:30 PM. Motion/ Second: Paone/Hankner to approve the renewal of the on-sale wine license for Bel-Rae Ballroom, conditioned upon receipt of the certificate of insurance and letter by June 30, 1989. 4 ayes 0 nays Motion Carried Mounds View City Council June 12, 1989 Regular Meeting Page Seventeen -------------------------------------------------------------------------- Park and Rec Director Saarion explained funds are 17. being donated by the Lions Club for construction of a picnic shelter at Silver View Park. Additional funds will come from the Celebrate Minnesota program. Mr. Linke reviewed the plans, stating they are very preliminary. for a 34'x80' building, of concrete block. He added the plans have not been approved by the. general membership of the Lions yet. Milo Gerdy, no address given, stated the Lions have committed $75,000, and he understands the City will bring sewer and water to the building, using funds from Celebrate Minnesota. He added bids are higher than anticipated for services, and are around $25,000. One consideration his been putting up a simple building and using the balance of the funds for playground equipment. As the funds come from gambling, the Lions are required to have them encumbered by June 30. Mayor Hankner reported the Council is involved in a few different projects with the Park and Rec Commission at this time, and they are working on setting park maintenance standards. The Park and Rec Commission meets again on June 22, and the • Council will meet on June 26. Councilmember Wuori stated there is a strong desire from the neighborhood to see a play structure, and she suggested building a smaller structure and adding on later. Mayor Hankner stated she would like the Park and Rec Commission to review the proposal and get back to the Council. She added the concerns of the neighbors need to be addressed also. The Council will discuss this further at the June 26 meeting. Rocky Keehn, of Short, Elliott, Hendrickson, brought the Council up to date on the Ardan Avenue drainage report. He presented a map showing the location of the Ardan Avenue and Edgewood drainge studies. He reviewed the purpose of the study, and stated they must insure the pipe size is correct for this area and its problems in conjunction with the reconstruc- tion of Long Lake Road scheduled for 1991. Mr. Keehn reviewed what is currently in the area and the plan that was determined to best meet the . needs, and he reviewed phases of the project. The total cost estimate is $688,000. Consideration of Approval of Plans and Waive Building Permit Fees for Silver View Park Picnic Shelter 18. Informational Meeting: Ardan Avenue Drainage Report Mounds View City Council June 12, 1989 Regular Meeting Page Eighteen -------------------------------------------------------------------------- • Ms. Frits questioned how drainage boundaries are determined. Mr. Keehn explained they are determined by the City's topography maps and site visits. Lisa Schladerbach, 2749 Ardan Avenue, asked how long the project would take. Mr. Keehn stated they have recommended it be done at the same time as the street .improvements are made, and they are focusing on the Long Lake Road project in 1991, and the remainder would go in as the road improvements occur. Jim Schladerbach, 2749 Ardan Avenue, stated water backs up in their yard with a heavy rain, and he asked where the bottleneck is, and how the Long Lake Road improvements would help his situation. Mr. Keehn stated the Long Lake Road improvements would not help his property. Clerk/Administrator Pauley added the Ardan Avenue project will alleviate Mr.Schladerbach's problem, but they cannot do Ardan Avenue until the Long • Lake Road project is complete. He added there is a history of problems in that area and there have been many discussions with the residents there. Mayor Hankner stated that people who do not have the problem with the water do not feel they should be required to help. She stated that not only must plans be formulated, but they must find financing for the project. Mr. Keehn stated the key is for the Council to decide if this is the alternative they want to pursue, and if so, they can then move on. Motion/Second: Paone/Hankner to accept the Ardan Avenue drainage report. 4 ayes 0 nays Mr. Minetor explained the cost overrun on the study, which is attributed to several things. Mr. Keehn reviewed ways the cost could be reduced in future studies. Motion/Second: Hankner/Wuori to approve payment . to Short. Elliott, Hendrickson in an amount not to exceed $20.000 on the Ardan Avenue drainage report. Motion Carried 4 ayes 0 nays Motion Carried Mounds View City Council June 12, 1989 Regular Meeting Page Nineteen -------------------------------------------------------------------------- Ms. Saarion reviewed the proposed improvements for Oakwood Park and their estimated costs. She stated they plan to ask the residents around the park their opinion of the planned improvements. The Park and Rec Commission is proposing to fund the improve- ments with a portion of the park dedication fee from the Sysco project.. Mr. Linke questioned the proposed parking and planned use of the field. Ms. Saarion explained the plan would provide dual use of the area, and she added it is in bad need of grading. Mayor Hankner reminded them they needed to keep the wetland in mind in working with the park. Motion/Second: Quick/Paone to approve Resolution No. 2494, authorizing the City of .Mounds View to enter into an agreement with Texgas for a propane fueling equipment upgrade, and. waive the reading. 4 ayes 0 nays • Mr. Ulrich explained the propane fueling equipment upgrade and anticipated savings in doing it. Motion/Second: QuickjPaone to approve Resolution No. 2496 authorizing the City of Mounds View to contract with Century Fence for fencing of the public works shop area, and waive the reading. 4 ayes 0 nays Mr. Minetor explained the fencing is needed for security reasons around the propane tank. Ms. Saarion reported they are still searching for a used truck for the Parks department and do not have a proposal at this time. Clerk/Administrator Pauley explained the intent of proposed Ordinance No. 467 and recommended the first reading. Motion/Second: Wuowri/Quick to have the first • reading of Ordinance No. 467, amending the Munici- pal Code of Mounds View by amending Chapter 101 entitled "Non-Intoxicating Liquor", and waive the reading. 19. Consideration of Oakwood Park Improve- ment Plan 20. Consideration of Resolution No. 2494 Motion Carried 21. Consideration of Resolution No. 2496 Motion Carried 22. Approve Purchase of Used Truck 23. lst Reading of Ordinance No. 467 4 ayes 0 nays. Motion Carried Mounds View City Council June 12, 1989 Regular Meeting Page Twenty -------------------------------------------------------------------------- Mayor Hankner explained this resolution was in conjunction with the public hearing held earlier in the evening. Motion/Second: Quick/Paone to approve Resolution No. 2491, approving the modification of Development District No. 2 and the development program relating thereto and modifying Tax Increment Financing District No. 1 and approving the modified tax increment financing plan relating thereto, and. waive the reading. 4 ayes 0 nays Mayor Hankner stressed that even though the Council is adopting the resolution, they are not approving the project or tax increment financing at this time. Attorney Karney had no report. Councilmember Wuori invited any interest parties to a picnic reception tomorrow evening at City .Hall park, in honor of Pat Erlandson, who is • leaving her position of principal at Pinewood Elementary School. Motion/Second: Wuori/Quick to approve Resolution No. 2497, a resolution of commendation and appreciation to Pat Erlandson, and waive the reading. 4 ayes 0 nays Councilmember Paone had no report. Councilmember Quickhad no report. Mayor Hankner reported the Charter Commission met last week and discussed student membership. They believe they should not be a voting member or be considered for the quorum, but they are welcome to attend the meetings and join in the discussions. She added the oath of office needs to be sent out. They will be reviewing the charter. Mayor Hankner directed Mr. Minetor to see that the resident who had asked for the traffic study • receive a copy. There were no reports of staff members. 24. Adoption of Resolution No. 2491 Motion Carried 25. Report of Attorney 26. Reports of Councilmembers: Councilmember Wuori Motion Carried Councilmember Paone Councilmember Quick Mayor Hankner 27. Reports of Staff Members Mounds View City Council June 12, 198.9 ' Regular Meeting Page Twenty-One • The Council agreed to meet on June 29, beginning at 28. Report of 6:30 PM to review the management audit. Clerk/ Administrator Clerk/Administrator Pauley explained a problem has been discovered with the Kraus Anderson property where Super America and Silver View Plaza are located, in that while it was believed to be a PUD, no record can be found that it was rezoned that way. The zoning map shows it to be B-2, and a building permit was issued for the construction of a curb cut between the two facilities. A stop order has been placed on the building permit while the issue is looked into. All other PUD property in the City is shown as PUD on the zoning map. Attorney Karney has advised the curb cut cannot be stopped, and the City should not try to rezone to a PUD now, but rather go with what was provided for in the resolution. and if that is inconsistent with what is actually there, go with that. The project was approved in 1982, and a preliminary search through the files cannot find the actual rezoning. Mayor Hankner stated she had been contacted earlier • by Kraus Anderson concerning this matter. She explained the situation as she understood it from discussions with the deverloper. Clerk/Administrator Pauley recommended they allow the building permit for the curb cut, and the Council direct Staff to prepare an ordinance to accomplish the rezoning as quickly as possible. Motion/Second: Paone/Hankner to allow the building permit for the curb cut between Super America and Silver View Plaza, and direct Staff to prepare a resolution to accomplish the rezoning of the property as quickly as possible. 4 ayes 0 nays Motion Carried There being no further business before the Council, 29. Adjournment Mayor Hankner adjourned the meeting at 11:55 PM. Re ectfully submitted, • ~ ~ Donal`c7 F. Pauley ~,>~~~~' Clerk/Administrataor • St. Paul Corp of Engineers St. Paul, MN 55101-9808 Att: Regulatory $ranch Dear Mr. Fell; This letter is in regards to the letter we received concerning the wetlands application permit CENCS-CO-R(89-842-12). Our family has lived on the corner of O'Connell Dr. and Woodale for twenty years. We enjoy our little piece of nature and quiet neighbor- hood. Through the years as the wetlands have matured it has become abundant in wildlife. It has deer, fox, rabbits, pheasants, woodchucks, ducks and many species of birds. To drastically alter the nature of the wetlands as the propasal states would dramatically alter the chara- cter and variety of wildlife that we enjoy. Having people replace wildlife is not a change for the better. We have so little of true • nature left. We also feel there is little justification in the interpretive value for the neighborhood or school as your letter states. The people who most enjoy the wetlands now, want it to remain as is. As for the school(when it was a school), they made very little use of the wetlands for study in the twenty years we have lived here. The school now houses a community center and is used mostly by senior citizens, group meetings and special education classes. Perhaps a less drastic approach could be considered as an alternative to the dramatic change you propose. ' My family is also opposed to opening Woodale through to Highway 10. Woodale serves only a threetblock area south of Edgewood Drive. By making it a through road you will be bringing in non-residential, traffic. The road would not serve Edgewood community center as they have no access to Woodale. We have access to Highway 10 via County • Road Hor H-2. Surely this proposed extension of Woodale could not serve the developer as, an access road. If they need another access road let them look to opening on County Road H. ., ~n conclusion: let the developer build on the hill but do not let them destroy the natural habitat and wildlife we enjoy. Let us keep our quiet residential area safe and quiet by not bringing in increased non-residential traffic. Thank you for taking the time to read my version of what the proposed change would do to us. Sincerely, • Glenda Burrows 5200 O'Connell Drive Mounds View, MN 55112 786-3493 June 1, 1989 • ~'. ..I..l°~ t~:-i...lt~i1'd4 :1:..1.. i'iFl`r' k~,t::ll~.ft~:~t~~ t~?t``.I:; ...., 1' 7 a. ]rS ... I:•:''" .:.: i I=- .l. iifi k". [... i=..::•:~ tr_i a .... 'k:::::'r 1"' iii. t::i c::l YYi .-'r1'k°. t:::1:::. i ;E:'t::: t::i. t::: ri k: t... l':. I' 1 E::: .. ~ i'" i«? y::i t::? {:i-C? C:t t:?•: 't:. ei~: i...l ~> 7. i:3 i'? i::?.#. 1,xJ r i {::? t_I l::Y .i. {•' x.11='• :l. V e:? ,~ ~•~,i 1:.' I°• ~. 1. ':~ e~: .I. r'i Y" iii' ii :i. t:. tc.' i'l '.:::i. c!t .. r:a P" G:' -:'t 1 ._? I"' 't:: I"Y t::i' i Yi i::? ?iii ~~: i::? !ct P" 't:: :I. '}::. :i. iiii dil i:} t_t :i. E:i•?'k:: 1K t" ear LK ea: i::: t:::' F± t_ ~~~ C.:i 1 'l:. I-i t.:~ _. r..: i i::: t•::i 1'" .._ i•;~'t: iw .~ t:. i"i {a 1'. ~.: <'t i•~: %Y i:? .I. f:~ G~ t:~ ;°f.'k:: t I"i F::' !"I i•;: t=° tYt <'~. a. ca :;;~ r'i t::i [:? i,.. i:.` i::? t::? k:3 i`` .t:. Si'r:• i::? 1"i .' ~.:' ~, .... ,..,•.; ...:::. G.. .l. r ~~ t i t,. ~ 1-, t:: t :! i J t i i t i t::? 1"i h:. 7 i ec' rYi :i i I::? .. - .. ._ .I. <::t t:" e:a {:a ~.? c::t'(.. i'" i::? r'i r • ~:: i" i c?. ~:: C:? t::: t:: %:Ft its 7. t ? r"7 ~:t .l. ~. `p% tt`a a?. I'l i".I C::' 1"' {::? r'1 ~". t ] G? l..t i"' S5'k:: I"' {c::' {i?'k:: Eiii ~~ .. . I I'l {~~ ~,t p" {';11..? t:J i i F=' C:i ... .... •i r ... :Tii °. a .; ~~ .. t:::''~~: • :. {•:::' i"'i :::i :1. {::? {...1 !^a t::? t. i..t. t:.l !::? t..'t ~ ~:. c~ t..! i::? .:::•'t:.:::..1..'7 't.::t. i::..i. ('ri C:'J 1"i t ?'k:. 4::t I'.. ~; ~ ... I..l c~ t"' C i `.::: I'"i :L I•~ t::? r't " ._ 1 ... r° {...' .:.:,. C:~ ~;::,1"i 't:: ~-i ::a. any b~? E:;..... <::c ::::. i..) a. _.: t t.. i ! ? a, i°'7 {. e:, i_t P_ _? Eii1 •~il ! : G1 ti:, r'i {:~ ~ :1"' a. f'1 t:. t.?.1..!. J. 't:. y 1 1 t~::, .: <a .i. {_t t::;' i:~~ i•• ~-:? t..t 1'° ~:, r° t::? I::? t:::'r°"l:: y' wa t::? ra t.1.:I. to r° 7•:;~ i::: t::' i:1 s:::~ ._. f i c:? t:? r'~ c•:;r ',v < i i-i't:: __-~~ 't:. t:.i 3.:i. ,~ E:::' t::; i'i c:? 1,.. l..i t•: ~ <~1 i•' <:~. i::? t..t ~~; •;~ i::>'t:: r' e:r t:~} i:: „ ! F.., •a r.. i::, :.- ' ..;. i:: ...... i , i e•:~ .... t:. - ,..t ..1 t:•:. <.. r ' ,. ...: t..t 1=' 1= ..., 7._7. ... {' ~ ,. r.? t. i I (::: :: 1-' t : <:-t t::l <::> , {::t,..i c:i i: ? <::t 1' . _. , r .. .. . . . , . . _ 1 t:} l..t iiii :i. f". ii5i s w `:; tci' iii: ~~ t-`a }"'1 ici? Y" {?F' 1. •:ei ~:. i"i c' .I.:f. 1..1 FM ~.:: t::? I"? h:' i:a I'_ C'~ t=` I i°i ~:' k..1 l.i. i=_ '::: iY1 i~ .~ ~. i...l iiii' a. i::, h; ::? i..: r.. I_i i::? t::? t.:! '- r :i. ?:: 't i"i ::t'`r e:::' i..:~ ,{;; r... t::? iYi "t:. h'i 4:~' i:::. r•:;? h'i :i. C:y I" 7 '~.1'..:'::i..~:.x::l. t::: c:t 1:.. r:i <::t s:::• 'k:: h i c:Y'f'. ._ ~i t..i I"' I=" C:~ l_t I"t t:: t_!'.i[i ~ '• tii? t:::-t T! 4~7 ii?.:i. I•.: {;;) i"' I::? 1. i- i:~' .i 1' 7 '`t : }"i c::' i'"' i::~ r:i t:~ .. (": I'l a i i:a 1=.. t-;'r.l t::: r :11..i . . g . . . 1'" {_t l"t t ~? l.t' :: :i. 1"t '.:: °i t~:' .. Y" r: 1 h'i { ~? t.!.'k.: .;5. eii' :iil r"' t::? •3'• C:i #:~ :i. i"Y C:} Y" t..l t"i i:a `,•' ~:' P" ~~ F°Y t; .i:: ~,;1:.. i:~a :L .i. C:i .L :I. '~' tci} 4`a r_.., i.'1 i:it'ti,•' ec' t:a t•:ii' i~^• i,.. ~~ C.:! l_t t::: h:: ':iii• ! (::! r.'•?. t:.'I t'::} Yii? ir' 4a I"] i.a 1:7 I") tic! i i ?ia. r't i'-t ~t:::?.7 r') i-) t~\7 ~. a a. 'i:. L_7 ;:a r i..l ~.i r~ k" (...;1' t::i t..t i;,} I'? }•. L..7 r..:. r.. ei£' tra c: t_ i 1 r::' i:- {.;;? :_:• a. to t:: ~ r_~ .k:.:, trl a 1..{. r'; t::? t:. h:? t:~ ',~ a. 63 6^a 1. 1" i (::I <il i'l i :i ~~ 6i't":E {::I i. 1"'i t: } 'k:. I"'t tr.' Eii L{' 4:i 1'l :I. fYi <:! .I. fiii :i. I"i [:! !.!. !"' ~ ? i ? t:: i•~: ''•y' cf P" is i < c.':11"i i:~ a. r'Y i:: h'i {•:' •t~ a. t•"s• .i. i:a I::i iti" h'i :i. 1"i t::) 4_I. i::i .. r• ...._ .. 1 ._ .. .. .. ,•• (_ 17 c::' I°? t_i <.:::. a. r ~ e~' t:::. <.:=. I:.• <:a e° 1•~: r'Y e~ ~ {:::' t:.l iiii <a 1°+ {_? ~k°. h'i ;:~? r• ° <a c:: t<: c:' :~ :a !:;i t::? ; ~ 1=" .. t::? rYi 'k: h ~ c-:• h 1 ~. 1. L • • • {:E l:.1 (.,.I l...l E~?{i 'E"i :I. L..I Ca i:: rl ki' E•"•E ki?P.. ffl a~f :1. {::E c„t l'l i~.. _ s c t.... _ .f: - ~.... 1 I.1 kM 1,.. l::a ::i'k:. „ -_7 F:. ta. a` til ~'a rt ~,+' s r C..,ts t~? t.{• t,.. ...:• .. ~ ... _ .. .. _ . .. _ t::i .. i::) t..t :l. c::: ~ I' k:. ?::i :!. {..i k::: i...3 ~:::i. i:.t .E. .I. ~ :• ... {:"{ E.J t_t'::a' j% :::r 7. l'-~ {:: k::' ~':. E" i {•: ?:-. c:: l°i r.:, {:, :i. t;,~ ::~. ?::i r.:: I°Y t::t 1°i c;:} {:; r-1 i:: r. ~ i:: {, iii n'i t. ~. t°i :i. ~:: y i::: c:~ r.~ 'k: c=: r... w 4~J c~ {:1 c:} t`i c:a ~.: tea ~.~t ri t: ... .+ .{.. ...;. :L 1") t:i t_U'` L.i .. ~ .. ..., 'E°. E"i i~! 1"i tad {:k as : ... • r.:+. l"i '',•• t'ti i~ ki'r't P" tit fi r 7. i::: {c:::i. C:{ E' ! E::i !,., l"' E"i {:a {:: i C:E - . , E. 1"' ;:~;: c64 i:a \~ C:: Ci I' i '~: Eii• 1"i C~ ~ :€. ~::. I°i .. 1.-J r:; .t t•` c:, <v: ,. _, .. .. .;.:: __ ~-, -~. E...I :i. t~7 i ~ a~a ~~ r,.. t:~ ... i.. r.1:.. {::• t..t 1°i ci !:;a ci i ~ . f ~:: E°i {::. ~ ~ r•r {::: l::i. r..: i.: r° t-! •#~ + ~. !._ :!. {::J ,, 1. a::}t..tl`t'l:.'';~ {=aJ .. h`i ., t.~{::iLtl"'i'~::`ir I::ici ~ k-I'~~' ~ e'i t:i r°~ {:i I~ ~ {:1 t:.~ k::J ~'a {::J {-J {1 ,. 1.~•J k:::• ,:: !:? r'i 'L'. {:, r'i i::! ~ r a. 'k:. I`i i'.: t'i r:;' t.t r. {:1 {; • ~> i. i'- t:l t3 :I. r 't: r•.. ~a f:.~.::i. c': c:; ~ ~ cl . :._, ... {'"+ a. {::j I"i 'E". {:::.E. {..! E :.'+ .+ .c:. .E. ii:!. t`" {:c{ k~i E::1 <='t i'" c~ i .+ C:: ici P"' 4'J e!'.`:ii E"i ~ k~ r' {: i C.:) b; ?i:i i::! I" f C.:E ~". f'1 ir? 4'' i:il 1'..:L {::) t..t z ,+ .., .. +_ _... .. a_ c: C:)'t.. { ~ !~' 1" E::i t_t ?iii 7. I'"i ti•? r:i `.:i kii'? i• C.i I"i .!. {J ., r {:) {°? }:! C:'r1I" i t..t iai Er'•~ C:i {:`! t :~ i::•t .E. k=' 1. ~a 1"i {::1 ~ i" i E7 {::: t::. `•ii• ..a c.•t t" 't% .::! L.t i:: t-d i:~+t_t .E. t:a L.! {::•'r C:I iwJ?s'k, t"" C:i'v a. i._i i::j t,•,~ {`i <'=!'l". 1. ~s:; 1. k:•:'t ~ i:: !_! •i~• ~:-:! E:.i {-t;r! {:~ e.• •f~ t..t .I. .. :_, ~,.. k::? s=• :t. t::E ki? i'7 "~:: 7. i:il ~. c:1. i'" t.:. <::1. „ . .. r !..! 1. t 4 J i:! 1 ~ ' ". 't" t"i {:: k:~7 ?:ii' :: P.. f:: i ',~ {::1 t..t I'.. f_i i3't'E:: t..t Y` a~ .E. t='1:1..E. {::E .E. a. ~' ti:' E`i t~!. r:1 a. ~:. iM '~_ 'r:. E"i cit'~':. 4'J {•i.'. .... r:•'t' ~ ..~ !::! pf kg, s E-i {ci't { ~' a. icl .E..E. 'V :. E"i {e3 {::{ t,.' k:~.' 1". a"! i..l C:E }::? E"1 C•"• et 4Fi ,•'it i"I E:: i=. ~ ~' i::? {_t LAi :I..{..E. ~:} k~ •' E.. ! Lt'E::'E". a. 1'l {•~J sift ~' :(. 1"i iil I"l i::: a. tiit .E. E"i r.'it t'"' C:{'.ii: E"i a. C:i C:i t'i t~.l .{..E. ~•1 E"1 {::i i.:i tfiJ I"i 1"' r:'. ?iii :I. {::f ki3l'l'i:: 7. ti'it ~. .. .... F•~! :: ~: E"'+ ]. ?i~ '~". a. fti ka !..! t_t I'" lct 1'" kW cis n 'E'. {'"1 CJ Lt {;~ }'! C'i k:4'r:11'` i""t k' c{t'yi '';! '~::. i'" tail-{' '~' 1. i::: i:A l"' (:i1 ii:F ?i :S. ?5i ... ....... < ~ a - + .r _ ,:w {:: 1.:E..~i. C:I k:•., r• 7. i'" <:! {~+ . k: f E.J kii' C'.: %?. L.l .~ i k::. i'l {::1 {:a I"i k::. !..: !..! ti i {:i) ::ii• t~E O v\~ f"i i"i +::. I" G::' t..i i"i .E..::' .~: *.a .. - .. ... .+ .. i . l::? t::i 1. t:'+t...~ {„1 1' i ~:•:~ r° t::i k.; F:~•!. ~ <::+. t_l G::. kii:' 'i:. E..i k ., r.. +:J <':! {::i i:a {::1(ii?::i i"i C:} {::{ { °+ i.: L.i r i:.J 4..t {:~ E"i ,. r-1 t"i <:a'l". t_t N` ~•:i t°:! <.t .I. I ; ri {:~+ r=;"~; L.i C:i j:: C:: is ? ft? E::i i=i: i..it <i! i.: c i 'g CW+ i'.. .[:. I"1 f? I"t c'd. t"~ i:~ 53I"t a. i:3 iE'r:. E::) t.!.'i: ~_t E".: {::J fl 'l°. !`t e:? + .... r. r t:.: r^ .. .. .... i,.' :r::' ?ci 7. {:: !::: f'i':.: y {::f'Y :' }"i a.... .. {Tl tat .{..I. L.1 tc' :4 '~:: E'l i::i !..! p- E..i {:::+ {::? t::E .. ~~ r~ u June 2, 1989 We, the undersigned, are opposed to the Woodale extention and the wet land enhancement proposal. NAME ADDRESS IGNATURE E~?C 6c~' 3 S~Dc~ ~ ,~ ,~ ~~ ~~ ~ ~~ r • ~ , • June 2, 1989 We, the undersigned, are opposed to the Woodale extention and the wet land enhancement proposal. ~,/~ ADDRESS S IGNAT~3$E i - ~ June 2, 1989 `. We, the undersigned, are opposed to the Woodale extention and the wet land enhancement proposal. NAME ADDRESS SIGNATURE `~~~1 ~C l . _. -_ t ~, ~%Tl ~~! L1. ! (, ~ ~-') ~-!Z L~) 1°i ~?t ~`~ ~70~t~t Z'~1N'~C{ ~"~-"'~ i ~•."~ .~~~r~; , ~,, y~ in l /~~~ F!/ , y ~ l /y ~/~ ._ `' , ,~ p~ ~~ t.~`. 2.i`z // -~~f*C ._ . >. .- ~' 1U 1,1 l ~ C t ~.tJC i ~ t ,. `~ ~t t ` L'- ~ ~' r y~~„L '~ J`-~"~,f ~1.~ /' t ~~1: TT_ * ~ o• ~ .~ .~, '~ ,t ~ / y ~ ran rat S A'}'h rn~rv-~ ~".~ X ~ ~=~ r k~ ~ ~ ~~~~ ~,n~. C:-Y `4 '' June 2, 1989 We, the undersigned, are opposed to the Woodale eTxtention and the wet land enhancement proposal. • • - DA°~ ~"PP~oVf-0: ~~o t , l~gc1- PROCEEDINGS OF THE CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting June 26, 1989 Mounds View City Hall 2401 Hwy. 10, Mounds View, MN 55112 ------------------------------------------------------------------------ The Mounds View City Council was called Mayor Hankner at 7:00 PM on Monday. Jun The Pledge of Allegiance was said. MEMBERS PRESENT: Councilmembers Wuori, Quick, Blanchard and Mayor Hankner. to order by 1. Call to e 26, 1989. Order 2. Pledge of Allegiance Panne, 3. Roll Call ALSO PRESENT: City Attorney Karney. Clerk/Admini- strator Pauley and City Planner Hren. It was noted Public Works Director Minetor was attend- ing the School Board meeting and would be joining the Council meeting later. Motion/Second: Wuori/Quick to approve the June 12, 4. Approval of 1989 minutes as corrected. Minutes: June 12, 1989 4 ayes 0 nays 1 abstention Motion Carried Councilmember Blanchard abstained from the vote as she had not been present at the June 12 meeting. There were no residents requests or comments from 5. Residents the floor. Requests or Comments from the Floor Clerk/Administrator Pauley read the items on the 6. Approval of proposed consent agenda, with the exception of the Consent Agenda licenses for renewal. Motion/Second: Quick/Blanchard to approve the consent agenda, as presented, and waive the reading of the resolutions. 5 ayes 0 nays Motion Carried Mounds View City Council June 26, 1989 Regular Meeting Page Two -------------------------------------------------------------------------- Mayor Hankner noted the agenda session for July 3 had been cancelled, and when the Council meets at their next regular meeting on July 10, they will be address- ing the items cold. Mayor Hankner closed the regular meeting and opened 7. Public Hearing: the first public hearing at 7:08 PM. Application for Wetland Altera- City Planner Hren explained the applicant has applied tion Permit, for a building permit for construction of a garage on 7280 Silver the side of the lot near the wetland. While the area Lake Road in question is in the wetland according to the City's map, a site inspection does not show it to be. Ms. Hren explained how the maps are made from aerial photos and how discrepancies can occur. She further explained the location of the garage is not within the wetland but is within the 100' buffer zone, which requires a wetlands alteration permit. Ramsey County Soil and Water Conservation District has determined the area in question is not within the wetland, and the City Engineer agrees. Ms. Hren noted she had received a call from a neigh- bor earlier in the day, concerned with the size of the proposed garage and the lack of upkeep to the . property. She noted, however, that the proposed garage is within the size allowed by Code. Staff recommends approval of the wetland alterations permit. Mayor Hankner stated that while she had not driven past the property recently, she believed there had been a good number of vehicles around. Brian Daniels, owner of the property, stated he has done a good deal of clean-up work since he bought the property, and the cars are going and the garage will actually improve the site. Clerk/Administrator Pauley stated he could attest to Mr. Daniel's efforts to clean the area up. Mayor Hankner closed the public hearing and reopened the regular meeting at 7:13 PM. Motion/Second: Quick/Paone to adopt Resolution No. 2504, approving the wetland alteration permit for Brian Daniels, 7280 Silver Lake Road, Planning Case No. 269-89, and waive the reading. 5 ayes 0 nays Motion Carried Mounds View City Council June 26, 1989 Regular Meeting Page Three -------------------------------------------------------------------------- . Mayor Hankner closed the regular meeting and opened 8. Public Hearing: the second public hearing at 7:14 PM. Application for Wetland Ms. Hren explained the applicant has applied for a Alteration wetland alteration permit to erect a fence around Permit for his lot, which would be within the 100' buffer zone 2208 Lois Drive of the wetland. The fence will be 4' and 6' in height, but will not be within the wetland itself. The City Engineer has reviewed the application and recommends that, due to the topography and ditch, the fence be constructed 3' back from the top of the bank, to allow room for maintenance of the ditch. Michael Read, 2208 Lois Drive, owner of the pro- perty, explained the fence will be chain link and will be 6' in some sections to keep kids from going over it. He agreed to move it 3' back, but noted there were trees that would still be in that area. Mayor Hankner closed the public hearing and reopened the regular meeting at 7:18 PM. Motion/Second: Paone/Blanchard to approve Reso- • lution No. 2505. for a wetland alteration permit for Michael Read, 2208 Lois Drive, and waive the reading. 5 ayes 0 nays Motion Carried Mayor Hankner stated she had attended the Park 9. Discussion of Commission meeting last week. It may be necessary Parks and to set some special meetings to meet with the Park Public Works Commission to review the standards for parks and Maintenance public works. They need to review this and come to Standards an agreement before much further work is done in the parks. Councilmember Quick .stated he was concerned about the SYSCO property, as it had been determined not to do a usage study of park land at this time, and he recommended the Council look closely at doing the study and budgeting for next year. Mayor Hankner explained this had been at the budget session, and is part of plan, for 1991. She added she agrees needs to be done, and they are in the updating the Comp Plan, and they also develop the park plan. discussed the five year the study process of need to Mounds View City Council June 26, 1989 Regular ------- Meeting --------------------------------- Page --------------------- Four ------------- . Carol Golden, 7417 Parkview Drive, asked for an explanation of the Comp Plan versus the park plan. Mayor Hankner explained the two plans and their differences. Gary Jones, 7405 Parkview Drive, stated he had been trying to get information on what is planned for the park and asked what kind of documents exist and how he could get copies. He added Silver View Park does not appear to be covered in the master plan. Clerk/Administrator Pauley explained that in 1980 the City .was still negotiating with Kraus Anderson for the development of that park area. Park and Rec Director Saarion explained how the Park and Rec Commission deals with Silver View Park improvements. Mr. Jones stated he would like budgets, overall plans, drawings, and so forth for Silver View Park. Mayor Hankner advised that Clerk/Administrator Pauley and Ms. Saarion would be able to help provide that documentation. She stated the documents to look at would be the master plan, long term financial plan and past budgets. Dave Radermacher, 7421 Parkview Drive, stated there was a master plan of the park when he bought his home and he does not feel it is being followed. He stated the plan looks good, but he does not like the location of the proposed picnic shelter. He added he feels the lack of adequate park maintenance is a significant problem already. Mr. Radermacher stated development of childrens activities seems to be a long way off, but it is very important. He also pointed out many trees have been damaged and need to be taken care of . Mayor Hankner stated she did not feel the bridge in that area will become a reality, but a study for the bridge has been put in the long term financial plan. for 1990. She added the master plan does include the picnic shelter. She also explained directions change as Councils change and pointed out the government is run by those who show up and voice their opinions. na~~P MaPa ~f the Mounds View Lion's Club, explained they have dedicated $75,000 to the City for the picnic shelter, and Jerry Linke came back to them and asked for another $20,000, which they have turned down. Mr. Linke advised the Lions Club that the City does Mounds View City Council June 26, 1989 Regular Meeting Page Five -------------------------------------------------------------------------- • have the money necessary for the hook up of services to the park shelter. Mayor Hankner replied that is Mr. Linke's opinion, and not necessarily the feeling of the Council or the City. or fact. She suggested a Council member should attend the Lions Club meeting and discuss the issue with them. Councilmember Paone and the representative of the Lions Club disagreed on whether the $75,000 dedication was for a picnic shelter exclusively or for other equip- ment also. Mike Delmarc, 7413 Parkview Drive, asked who is liable for construction once the $75,000 is received. Clerk /Administrator Pauley explained they can give $75,000 as a cash gift or build the structure and give it to the City. Mr. Radermacher stated he feels the Lions .Club will be setting public policy by giving this size gift, and they should look at how this fits into the overall plan. He added he would like to meet with the Lions Club to discuss concerns first hand. Mr. Jones added he would like to see a public meeting of the Lions Club with the City Council. Mayor Hankner agreed and stated a time would be set, and she directed Ms. Saarion to coordinate schedules and get a meeting arranged. The Council will formally set the time at their July 10 meeting. Ms. Hren explained the proposed ordinance is the result of a subdivision and the resulting need to clarify addresses. Motion/Second: Quick/Blanchard to have the first reading of Ordinance No. 469, amending the Municipal Code of Mounds View by amending Chapter 47, entitled "House and Building Numbers", and waive the reading. 5 ayes 0 nays Clerk/Administrator Pauley explained the intent of the proposed ordinance is to amend Chapter 104 to . allow composting in peoples yards, following the guidelines listed in the ordinance. I0. First Reading of Ordinance No. 469 Motion Carried 11. First Reading of Ordinance No. 468 Mounds View City Council June 26, 1989 Regular Meeting Page Six -------------------------------------------------------------------------- Motion/Second: Quick/Hankner to approve the first • reading of Ordinance No. 468, amending the Munici- pal Code of Mounds View by amending Chapter 104 entitled "Garbage and Rubbish", and waive the reading. 5 ayes 0 nays Clerk/Administrator Pauley explained this ordinance applies to the Bel Rae Ballroom only, and permits the holder of an on-sale liquor license to sell non-intoxicating malt liquor who also sells on-sale wine,to sell intoxicating malt liquor at on-sale without an additional license, as long as gross receipts are at least sixty percent attributable to the sale of food. He added no further fee would be assessed, as the City was already assessing at the maximum fee. Motion/Second: Paone/Wuori to have the second reading and adoption of Ordinance No. 467, amending the Municipal Code of Mounds View by amending Chapter 10I, entitled "Non-Intoxicating Liquor", and waive the reading. • Councilmember Councilmember Councilmember Councilmember Mayor Hankner Wuori - aye Paone - aye Quick - aye Blanchard -.aye - aye Motion Carried 12. Second Reading and Adoption of Ordinance No. 467 Motion Carried Clerk/Administrator Pauley explained the Council 13. Consideration had held a public hearing on this matter two weeks of Resolution ago, and the resolution prepared is consistent with No. 2500 the recommendation of the Planning Commission. The City Attorney has reviewed and approved the proposed resolution. City Attorney Karney stated he feels the statute is clear that owners and residents cannot use the wetland in any. way not provided by the ordinance. Motion/Second: Quick/Blanchard to approve Resolu- tion No. 2500, approving a wetland alteration permit and site plan to construct a four Alex in the buffer zone of a wetland, at 7656/7660 Woodlawn Drive, and waive the reading. 4 ayes. 1 nay Motion Carried . Mayor Hankner voted against the motion, stating that it was still bothersome to her. Mounds View City Council June 26, 1989 Regular Meeting Page Seven -------------------------------------------------------------------------- Attorney Karney advised the taxes had not been paid in full, nor other requirements met. for the renewal of the liquor license on this property, but he has researched bankruptcy laws and find that they take precedence over other laws, in that the bankruptcy filing applies only to debts at that time, and the owner is still required to pay future taxes, insurance, and so forth, and the owner must make payment on all debts, including back taxes. The bankruptcy payments should be kept in full force and effect, and if they lapse, the license should be revoked. Clerk/Administrator Pauley advised the health inspector from the County has revoked their autho- rization, based on the lack of meeting health standards, and the owner has been notified by certified letter of that. They cannot serve alcohol on Sundays now, as Sunday sales must be in conjunction with food service. Staff recommends the Council deny the renewal of the Sunday sales liquor license and restaurant license and allow the applicant to reapply once he has received certification from the County health department, and. also approve the on-sale liquor license contingent upon payment of the outstanding utility bill by 4:30 PM on Friday, June 30, 1989. Motion/Second: Blanchard/Paone to approve the on-sale intoxicating liquor license for Loose Ends on 10 contingent upon the following: 1) payment in full of all utilities and taxes charged after the filing of bankruptcy; 2) compliance with the legally approved bankruptcy payment plan; and 3) payment of all past due utilities no later than 4:30 PM on June 30, 1989. 5 ayes 0 nays Motion/Second: Quick/Wuori to deny the renewal of the Sunday sales and restaurant license for Loose Ends on 10. 5 ayes 0 nays • Clerk/Administrator Pauley reported all bills have been paid, including past due taxes and utilities, but they are still waiting for the insurance binder. 14. Consideration of Renewal of on-Sale Intoxicating and Sunday Sales Licenses for Loose Ends on 10 Motion Carried Motion Carried 15. Consideration of Renewal of On-Sale Intoxicating and Sunday Sales Licenses for Robert's Off 10 Mounds View City Council June 26, 1989 Regular Meeting Page Eight . Attorney Karney reported that under the ordinance in Chapter 100.06, interest in more than one license in the same class by one individual is not allowed. Mr. Waste has an interest in both Loose Ends on ZO and Robert's Off ZO, and has been aware for over a year that it is against the ordinance. The interest he has in Loose Ends on 10 is a fee interest. Councilmember Paone questioned why he couldn't receive the license, as he is only the owner and not the operator of Loose Ends on 10. Attorney Karney read from the ordinance, which states interest is not allowed in any other establish- ment in the City. In the past the Council has required the property be put in someone elses name, which Mr. Waste has done in the past and could do again. Councilmember Quick pointed out that once in the past the City took no action on the renewal of a license and the property reverted back to the original owner. The Council was advised by Attorney Meyers at that time that they must issue a license. He pointed out the property could possibly revert i back to Mr. Waste, leaving him with two liquor licenses. Clerk/Administrator Pauley stated giving a person a license is granting a property right, and if it is not renewed. they are denying the right of the use of the property. Councilmember Blanchard pointed out Mr. Povlitzki held two licenses at the same time, althought it was not known by the Council at that time and was done in error. Councilmember Quick pointed out Mr. Waste has been aware of this situation for at least one year and has had ample time to work out a solution. Attorney Karney advised Mr. Waste would have to divest himself of the ownership interest in Loose Ends on 10. Motion/Second: Quick/Wuori to approve the issuance of the license for on-sale intoxicating and Sunday sales license for Robert's Off 10, contingent upon divestiture of ownership of Loose Ends on 10 by Robert Waste, in a manner acceptable to the City Attorney, prior to the close of business at 4:30 PM on June 30. 1989. 5 ayes 0 nays Motion Carried Mounds View City Council June 26, 1989 Regular Meeting Page Nine -------------------------------------------------------------------------- . Mayor Hankner stated the interpretation of direct or indirect interest will be left to Attorney Karney. There was considerable discussion among the Council before taking the vote on the motion. Councilmember Blanchard stated she feels it is a very minor point, but, as she has stated in the past. if there is a law, they must enforce it or change the law. Councilmember Paone reiterated he did not see any problem with Mr. Waste holding the license and having interest in two separate liquor establish- ments in the City. Clerk/Administrator Pauley advised SYSCO has requested an amendment to the utility agreement they entered into with the City of Mounds View and City of Blaine, to change the thirty day cancellation clause to six months, to allow greater time for the company to find an alternative water source in the event the agreement is cancelled. The Blaine City Council has agreed to the amendment. Motion/Second: Paone/Wuori to approve the first amendment to the agreement between the City of Mounds View and City of Blaine for the purpose of permitting certain property in the City of Mounds View to connect to the municipal water system of the City of Blaine for fire protection services, and authorize the Mayor and Clerk/Administrator to enter into the agreement. 5 ayes 0 nays 16. Consideration of Staff Memo Regarding Mounds View/ Blaine Joint Powers Agreement for SYSCO Water Connection Motion Carried Theresa Lexxon, 5229 Jeffrey Drive, asked if there was 17. Additional an ordinance governing the landscaping of businesses Residents within the City. She stated there is a c onsiderable Requests and amount of neglect at B rooks gas station, Mr. Donut and Comments from Robert's Off 10, with the lawns not being mowed, the Floor garbage, broken glass, broken fences, and so forth. Clerk/Administrator Pauley explained there is no ordinance concerning landscaping, but new develop- ments are required to enter into a development agree- ment which includes a landscaping plan. Development agreements began in the mid-70s. He added the courts have ruled that government cannot dictate how people • maintain their lawns, as long as noxious weeds are not involved. Mounds View City Council June 26, 1989 Regular Meeting Page Ten -------------------------------------------------------------------------- Clerk/Administrator Pauley explained that trash is different and there is an ordinance which regulates that. Councilmember Paone left the meeting at 8:53 PM. Mayor Hankner explained it has only been the past five years in which amore aggressive position has been taken. Clerk/Administrator Pauley explained the City can go out and talk to property owners, but their ability to force someone to mow their lawn is questionable. Ms. Lexxon stated she had bought an abused property and spent a good deal of time fixing it up and is personally offended by businesses who do not take care of tehir properties. She added she wished Mr. Waste had more pride in his property, as it is so visible to people driving through the City. She added she felt the problem with Mr. Donut and Brooks is more of an absentee owner situation. Councilmember Wuori stated a franchising agent would probably react very quickly to pictures and letters from residents, complaining and showing the condition of the properties. Attorney Karney advised there are property rights which the City cannot force on opinion. Councilmember Paone rejoined the meeting at 9:02 PM. Clerk/Administrator Pauley reviewed the process which is followed is sending notices for unkept yards, and how time consuming it is. He also reviewed the fee structure for work the City does in cleaning up the yards. Bill Buckingham, no address given., asked if the infor- 18. Consideration mation requested two weeks ago was available concern- of Resolution ing the proposed Woodale ex tension, as far as how much No. 2492 and in MSA funds goes into this particular road, and No. 2501 whether the City can forego the funds for the future. Clerk/Administrator Pauley reported Public Works Director Minetor had reported to the Council that the City received $257,005 in 1989 allocations for state aid, and 25~ of that can be used for maintenance purposes. $3,040 per year is attributed to that section of roadway for maintenance. If the City undesignates the street as an MSA street, the City would not receive that money. There are no other roads in the City that meet the criteria that have not been designated already. Mounds View City Council June 26, 1989 Regular Meeting Page Eleven -------------------------------------------------------------------------- Mr.Buckingham stated he feels there are property rights of the people in the area to consider, for the quiet enjoyment of their property. Attorney Karney explained that in order to have a property right in something, there must be an ownership interest. The residents do not have ownership of the road, and there will not be any residential property taken, and there is already a road there. Attorney Karney also advised that in terms of legal notice, the Council has met all responsibilities for legal notice, and gone beyond that. There is no requirement for notice until a road is actually planned to be built. P~layor Hankner stated the Comp Plan went through all kinds of public hearings in 1980, and notice was given then. It was up to the residents to liik into it to see how it inv°olved them. She also made reference to a 2 page memo listing the dates the Council discussed the project. The demographics.-of tl~ie ,__ City are changing, with turnover occurring more every five years. She added this Council has done everything they can think of to inform the residents of what is happening,-and notice has been given 't hat the Comp Plan is being updated, and it is the responsibility of the residents to look into and see how it effects them. Mr. Buckingham asked if trucks could be restricted if Woodale was not an MSA street. Clerk/Administrator Pauley stated he believed so, but would have to check with Mr. Minetor. He added the road would be built to 9 ton, as they do with all roads now, as they last much longer. He also pointed out a notice had been put in the City newsletter, in the Council Corner, which reports on upcoming issues, and this item was mentioned specifically. Public Works Director Minetor joined the meeting at 9:24 PM. Ms. Lexxon stated she would Iike the street to remain the way it was when she moved in, and that any extension or improvement would devalue her property. Bill Ross, 5200 Greenfield, asked if the proper boulevard would be restored if the street does go through. Mounds View City Council June 26, 1989 Regular Meeting Page Twelve --------------------------------------------------------------------'----- Mr. Minetor replied the proposal is for the north end of the asphalt to be the north curb line, with the widening to the southf which would be the safest and most immediate improvement to the area. An unidentified resident stated he did not feel the road would enhance the homes. Mr. Minetor reported the School Board has expressed interest in the wetland alteration and Woodale Drive extension, but they did not feel they had had enough .time to review the proposals and they directed their Staff to continue to explore both items. Tim Nelson. of Everest Development, stated the School Board approved continuing to discuss the wetland improvements and to cooperate with the City on Woodale and leave the decision to the City on that. Mayor Hankner stated the road extension is not a School Board matter, but rather a Council matter. The School Board only has to deal with the easement issue. They do, however, need formal action on the wetland issue. Ms. Lexxon asked if rent is paid to the School District for the use of the Edgewood Community Center. Mayor Hankner replied the program is operated by the School District, and the School Board is the governing body, and makes decisions on the use. Wally Steiner, 5220 O'Connell, presented the Council with a petition of people who would like to see the road left as it is, as well as the wetland. He stated that when added to the petition presented two weeks ago, they have 137 signatures total. Mayor Hankner pointed out the Council cannot deal with the wetland alteration permit until the Council knows what the School Board will be doing, as they are the owners of the property. Mr. Nelson suggested adopting the resolutions contingent upon receiving approval from the School Board. Bill Frank, of Everest Development, stated their preference would be to have the resolution passed that approves the development and requiring a development agreement to be entered into, taking the wetland proposal into consideration. He added Mounds View City Council Regular Meeting --------------------------------------------------'-- he is concerned with bouncing back and forth between the two bodies now and suggested the resolution be approved, contingent upon proceeding with whatever level of wetland alteration and road extension is decided upon. Attorney Karney stated he had no problem with that, as it would still require approval of the School Board. Mayor Hankner stated they have been operating on the 1980 Comp Plan, which was adopted by then Mayor McCarty, and'the Council assumed the people were paying attention, but they now find out they weren't. She added there is a precedent for this wetland type of activity, with the SYSCO project. and she personally is interested in seeing the wetland enhanced; for educational purposes, but still needs to know the feelings of the School Board. Councilmember Wuori stated the Council needs an indication from the School Board, pointing out that it is fine to suggest something, but it is their property. She added this is a good plan and is well thought out. She added this is not just a • neighborhood problem but is a citywide problem. Mr. Minetor explained the School Board had indicated they have a lot of interest but need more time to explore all ramifications, such as future maintenance costs, liabilities, and so forth. Clerk/Administrtor Pauley explained a joint powers agreement is being considered for the maintenance of the wetland. Mayor Hankner suggested giving approval to the concept plan, minus the wetland alteration and road extension at this time. Mr. Frank stated they are willing to enter into an agreement with the City and would go with whatever the City decides on the wetland and road. Motion/Second: Paone/Hankner to table Item 15, the consideration of Resolution No. 2492, pending the decision of the School Board, and approve Resolu- tion No. 2501, approving the concept and development stage plans for Mounds View Business Park South, minus any reference to Woodale extended, approxi- mately 400' east of the existing Woodale road sur- face, or the wetland enhancement and issuance of the wetland alteration permit for construction of approximately 2 acres of the project within the wetland buffer zone, and further table action on the Woodale Drive extension and wetland enhancement pending the decision of the School Board, and waive the reading. June 26, 1989 Page Thirteen 5 ayes 0 nays Motion Carried Mounds view City Council June 26, 1989 Regular Meeting Page Fourteen -------------------------------------------------------------------------- Mr. Nelson presented a map, indicating where existing Woodale Drive is, and the proposed extension. Mayor Hankner explained the wetland alteration permit and what is being requested and what consi- derations are needed. • Clerk/Admdinistrator Pauley asked Council authori- zation to mail out notices when this item is to be discussed again. Motion/Second.: Quick/Wuori to direct Staff to send out notices informing the residents when this item will be discussed again. 5 ayes 0 nays Ben Kunrad stated he was a member of the family that originally owned the property, and he reviewed the history of the property and the wetland. He stated he feels any work done on the wetland will improve it. Attorney Karney had no report. Mr. Minetor asked approval of the partial payment request of Westwood Engineering on the SYSCO project, and Lametti & Sons. also on the SYSCO project. Motion Carried 19. Report of Attorney Motion/Second: Wuori/Quick to approve the partial payment to Westwood Professional Services for engineer- ing work on the SYSCO project, in the amount of $19.101.25, to be charged to the SYSCO tax incre- ment fund. 5 ayes 0 nays Motion/Second: Paone/Blanchard to approve the partial payment to Lametti & Sons for the public improvement portion of the SYSCO project, in the amount of $190,665.26, to be charged to the SYSCO tax increment fund. 5 ayes 0 nays Councilmember Wuori had no report. 20. Report of Staff Members Motion Carried Motion Carried 21. Report of Councilmembers: Councilmember Wuori Mounds View City Council June 26, 1989 Regular Meeting Page Fifteen -------------------------------------------------------------------------- Councilmember Paone had no report. Councilmember Paone Councilmember Quick asked for an update on the infor- mation he had previously requested concerning the appointment of the newest Charter Commission member. Attorney Karney replied he believed it had been received by his office. and he would forward it. Councilmember Blanchard asked when the next recy- cling day is, since the normally scheduled day falls on the 4th of July holiday. Ms. Hren replied it has been changed to July 5, and notices have been sent to the papers, put on the board outside City Hall, in the newsletter and so forth. Mayor Hankner reported she had met last week with the mayors of Shoreview, Arden Hills and New Brighton to discuss a number of items, including waste management, school-district issues, the purchase of property from the Army, and coordi- nation between the Park and Rec programs. She • added they are considering setting up a softball day as a method of getting everyone together. Mayor Hankner reported the Light Rail Transit Committee would be meeting at 4 PM on June 27, but she was not sure if she'd be able to attend. Paul Mielke volunteered to attend in her glace. Mayor Hankner reported the Reliever Airport Study Advisory Group would be meeting on June 28 at 9 AM. City Planner Hren will attend the meeting. Clerk/Administrator Pauley asked that a hearing be set on the 1989 long term financial plan for July 10. Motion/Second: Quick/Blanchard to set a public hearing for 7:05 PM on Monday, July 10 for the long term financial plan. 5 ayes 0 nays Clerk/Administrator Pauley reported on confusion that exists statewide concerning the application of truth in taxation with local governments. He outlined the approach the City plans to take. Councilmember Quick Councilmember Blanchard Mayor Hankner 22. Report of Clerk/ Administrator Motion Carried Mounds View City Council June 26, 1989 Regular Meeting Page Sixteen -------------------------------------------------------------------------- There being no further business before the Council, 23. Adjournment Mayor Hankner adjourned the meeting at 10:45 PM. Respectfully submitted, Do ld F. Pau~ey /~ Cler dminis r or • • _ _ _ i June 2, 1989 • We, the undersigned, are opposed to the Woodale extention and the wet land enhancement proposal. NAME ADDRESS SIGNATURE ~ ~ ~/ ~ /3 t~ 6~ TN .~ ~~ G~ ;~ .~- ~ f~ ~u ~ ~~ ~s ~. ~ , ~7 /~ . ~i9-~C'~C'~- ~ ' J ~^ ~" t /~ C9" n i ~ ~ ~ ~J e~ .Gt ~~ "'I '' ~ ~ ,~p . ~. ~~.r ~~ / _ ~ __/ G~ ~_~ ~~ 4~z ~ Y ~~ L,~ ° ~1J t'^ J / • ~ O /V ~ ~ mow.. ~~ 7 G.. L l "~~,. i.~...t~. ' r ~~~en f ~ • ~ ~ .. L7"l~/L~QfJ n'1 ~1 ~/ .~c3 ~~~ ~~.>l~/~t~~a' iL, l.! `{, i. .t l.. 1 .. ri.Anc~~^~ ~ 4 June 2, 1989 We, the undersigned, are opposed to the Woodale extention and the wet land enhancement proposal. • • U° June 2, 1989 • We, the undersigned, are opposed to the Woodale extention and the wet land enhancement proposal. SIGNATURE Per- v. G~f1/ ~i! . ~~ • ~~ Z •