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HomeMy WebLinkAboutMinutes - 1989/10/23 (2),. ,~ D ATE PeP P ?o~ ~O = l l~~/~~ PROCEEDINGS OF THE CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting October 23, 1989 Mounds View City Hall 2401 Hwy. 10, Mounds View, MN 55112 ------------------------------------------------------------------------ The Mounds View City Council was called to order by Mayor Hankner at 7:04 PM on Monday, October 23, 1989. The Pledge of Allegiance was said. MEMBERS PRESENT: Councilmembers Blanchard, Paone, Wuori, Quick and Hankner. ALSO PRESENT: City Attorney Meyers, Clerk/Administra- tor Pauley and City Planner Hren. Motion/Second: Quick/Blanchard to approve the Octo- ber 9, 1989 minutes as corrected. • 5 ayes 0 nays Before approving the October 16 special meeting minutes, Mayor Hankner stated that she disapproves of taking $7, 500 out of the advisory conunission budget from the Planning Commission, and would rather take it out of the Arden Hills sports complex .from next years budget. Councilmember Wuori stated she had spoke to the Planning Commission about this last week, and they would prefer to be consulted ahead of time rather than after the fact. Motion/Second: Wuori/Quick to approve the October 16, 1989 minutes as presented. 5 ayes 0 nays 1. Call to to Order 2. Pledge of Allegiance 3. Roll Call 4. Approval of Minutes: October 9, 1989 Mayor Hankner closed the regular meeting and opened the 5. public hearing at 7:08 PM. City Planner Hren reviewed the request of Amoco to install a car wash at their facility at 2155 Highway Avenue. They were granted a conditional use permit in September 1988, but the permit expired without construc- tion beginning. The Planning Commission has reviewed the request and recommends approval. The site conditions Motion Carried October 16, 1989 Motion Carried Public Hearing: Considex Re- newal of CUP for Amoco Car Wash, 2155 Highway Avenue Mounds View City Council October 23. 1989 Regular Meeting Page Two -------------------------------------------------------------------------- have not changed since the request was originally approved. Tim Meyerson, a representative from Amoco, explained Amoco has been active throughout the year, looking at air blowers, and they thought the .permit was in effect until the end of the year. He added the quality of the car wash will be much better due to the research they have done on blowers, with the one they have selected costing $50,000. Mayor Hankner closed the public hearing and reopened the regular meeting at 7:11 PM. Motion/Second: Quick/Blanchard to approve Resolution 6. No. 2553, approving the conditional use permit re- quest by Amoco Oil Company, 2155 Highway Avenue, Planning Case No. 241-88. 4 ayes 1 nay • Mayor Hankner voted against the motion, stating she did not vote for them before and she would not now and will never vote for them, .due to thei r general disregard for the environmental concerns of the residents of Mounds View. There were no residents requests or comments from the floor. Mayor Hankner asked that Items A, C and G be removed from the consent agenda. Motion/Second: Wuori/Quick to approve the consent agenda, minus Items A, C and G, and waive the reading of the resolutions. 5 ayes 0 nays Mayor Hankner asked for an explanation of the survey to be conducted under Item A. Clerk/Administrator Pauley explained it is a land survey to determine the location of easements, not an opinion survey. Motion/Second: Hankner/Blanchard to authorize Staff to conduct a survey and prepare the easement agreement for the trail extension on the Scotland Green property. Consideration of Rslt. No. 2553, Amoco Oil Company, 2155 Highway Avenue Motion Carried 7. Residents Re- quests and Com- ments from the Floor 8. Approval of Consent Agenda Motion Carried 5 ayes 0 nays Motion Carried ,r Mounds View City Council October 23, 1989 Regular Meeting Page Three Mayor Hankner noted with Item C that it is not clear in the September 29 memo from Staff that this is a temporary position. Park and Rec Director Saarion clarified that it is a one year contract. Clerk/Administrator Pauley suggested adding a can- cellation clause, with 30 days written notice. It was the concensus of the Council that that would be agreeable. Motion/Second: Hankner/Paone to authorize the Athletic Coordinator position and hiring of Marvin Johnson, Jr., pursuant to the Staff recommendation dated September 2 9, 1 98 9, with a 30 day cancellation clause. 5 ayes 0 nays Motion Carried Mayor Hankner asked what the wetland alteration permit is for under Item G. Ms. Hren explained this is a single family home, and they plan on taking down the garage and replacing it, as well as putting on a kitchen addition. The property in question is in the wetland buffer zone, which • necessitates the wetland alteration permit. Motion/Second: Hankner/Wuori to set a public hearing for 7:05 PM on November 13, 1989, for Khosrow Daivari, 7028 Knollwood Drive to consider a wetlands alteration permit. 5 ayes 0 nays Motion Carried Ms. Hren explained this is the second reading of the 9. Second Reading ordinance and an opportunity to address any further and Adoption questions. of Ordinance No. 479 Warren Johnson, 7710 Greenwood Drive, stated he felt this had happened so fast, and he has a list of names of people who are against this proposal. He stated people were not notified properly, and a main concern is the location of the building, which is not acceptable to those accross the street. He added people have not had time to address this properly. He stated three things will hurt with. the development, one being an increase in traffic, that the restaurant should be located elsewhere on the property, buffered by the building or even inside the building, the exit should be blocked onto County Road I, or at least aligned with Greenwood Drive, and a pedestrian crossing added on County Road I. Mounds View City Council October 23, 1989 Regular Meeting Page Four -------------------------------------------------------------------------- • Mayor Hankner explained the pro~alems the City has had in the past in getting the County to do anything on County Road I. Mr. Johnson read from a section of State statutues, stating it was his opinion it gave them 60 days to look at this further. Clerk/Administrator Pauley advised of the referendum process available under the Charter. City Attorney Meyers advised that not all laws or ordinances are subject to referendum. JoAnne Koleen, 2617 County Road I, stated that if Hardees is constructed, she will look out her front window into Hardee's drive through window. She stated she built her home two years ago and has seen develop- ment occur all around her, and she does not want to see Hardees that close to County Road I. She added there is a problem already with traffic and litter in the area. Robert Grace, no address given, stated he lives across the street and questioned what the hours would be. Clerk/Administrator Pauley explained the approvals before the Council do not specify operating hours, and the Council has the option to set them if they choose to do so. Molly Ryan, 7755 Eastwood, asked if the Council received a copy of the petition, with over 140 signatures. She stated they can get more signatures if needed. She added she would rather work with Hardees and stated it could be moved elsewhere in the shopping center so it is not directly across from the homes. Mayor Hankner acknowledged she had received the petition before the meeting. She pointed out, however, that legal procedures were followed with the notification, and the public hearing had been opened and closed without any comments. Legally, the petition cannot be entered into the public record at this time. She added it might be appropriate for the Council to ask Staff to hold an informational meeting between the residents and Paster Enterprises and see if a compromise can be worked out. Mr. Johnson asked what the problem was in holding up the process. Mr. Meyers explained the City could be sued for being . arbitrary and capricious, as well as being sued for damages. He pointed out the City would be liable, not the residents. Mounds View City Council October 23, 1989 Regular Meeting Page Five • Mr. Johnson stated he felt that was a threat to the residents. Councilmember Quick pointed out it would have been much easier if the residents had come in earlier, at the time of the public hearing, to voice their opinions then. He added they are two weeks late and are asking the Council to do something that is arbi- trary and capricious. Mr. Johnson stated he had only received 9 days notice before the. meeting,. which was not enough. time. Mayor Hankner reviewed the requirements for notices, stating that the City met those requirements. Jason Lee, 7745 Eastwood, stated he had moved into his home in early July and did not receive a notice. Mr. Meyers explained the City uses County records or utility records for mailing to the property owners, and if the change in ownership of the property had not been filed by the parties involved, it would have been sent to the previous owner. Clerk/Administrator Pauley verif ied the notice was . mailed to the previous owner, according to County records, with the Post Office forwarding-the letter to him. The County is about six months behind in changing their computer records. Ms. Koleen stated .she was gone when. her notice was received, others were on vacation, others had just moved in, and it is not the residents fault they didn't know what was going on. Mayor Hankner explained the problems encountered in the past in getting residents involved and. informed, giving examples. of the Everest South development, and the Amoco station on Highway 10. She asked how the Council could make sure the residents pay attention to what is going on. Mr. Johnson questioned the determinations made in the resolution passed by the Planning Commission, recommending approval of this proposal. Mayor Hankner explained the Planning Commission had this before them for a number of meetings, and she again asked how the residents would suggest the City inform them. Rod Krass identified himself as the attorney for the person who will own Hardees, and stated this is the seventh. . City Council or Planning Commission meeting they have attended, in addition to numerous meetings they have h.ad with Staff. He stated they have worked hard to fit into the City and they have met the requirements and directions of Mounds View City Council October 23~ 1989 Regular Meeting Page Six -------------------------------------------------------------------------- the City Council and Planning Commission. He noted • the property in question is already zoned B-4, with a significant number of businesses that would be allowed there, with more intense uses. Mr. Krass added time is getting short, and they have been in this process for several months. All arrange- ments for financing have been made and if this con- struction season is missed, it will cause significant financial problems for his client. He pointed out they have gone through the process and adhered to everything that was asked of them and they would like to see the second vote on the ordinance change done at this time. The public hearing was held without any input being received, and the peition presented is not part of the legal process. Mr. Krass asked that the Council proceed and vote on the agenda items before them. He noted if there are neighborhood concerns they have not thought about, they will address them, however, lighting, traffic, speakers and so forth have all been addressed at length. Mr. Meyers asked if any consideration could be given to another site on the property. An unidentified representative of Paster Enterprises responded no, that there are other constraints. with . other tenants and so forth. Edward Paster, of Paster Enterprises, explained the determination of the location for the restaurant was made after meetings with Hardees personnel, Paster Enterprises staff and the principals of Beutow and Associations, th.e traffic planners. He stated this location is the most responsive to the traffic flow and uses of the center. He also reviewed the history of the past 16 years. and the planning done for the shopping center. Mayor Hankner reviewed her philosophy of a participatory government and asked if Mr. Paster would be willing to sit down and meet with the residents of the area. Mr. Paster stated he had agreed last week and had sat down with some after the meeting and listened to some of their suggestions. He stated he believes in a participatory government but not in changing the law. He added everyone has some time constraints. Councilmember Paone reviewed the site plan and made alternate suggestions on the location of the restaurant within the shopping center property. • Mr. Paster responded they would have an adverse ,npact due to parking, and the areas suggested by Councilznember Paone are used heavily for parking, and there are written Mounds View City Council October 23~ 1989 Regular Meeting Page Seven' -------------------------------------------------------------------------- agreements in the contracts that would not allow this. He added they had already investigated putting it inside but it would not work. Mr. Paster noted he pays over $155,000 a year in taxes, and he is a property owner also. Public Works Director Minetor joined the meeting at 8:12 PM. Mr. Paster further noted the shopping center has been there for 16 years, and has always been that zoning. Mr. Krass reviewed the businesses that would be allowed there under the current B-4 zoning. Mr. Paster noted the plan least the fourth to fifth. continued to change it to Council. before the Council is at time through, and they have meet the requests of the Mayor Hankner stated she would like to table action on this for three weeks, to the next regular Council meeting and in the meantime set up a time for an informational meeting to see what kinds of compromises could be worked out. She noted the affected property owners have not been involved to this point. Motion/Second: Paone/Hankner to table action on this item for three weeks, to November 13, 1989. 5 ayes 0 nays Clerk/Administrator Pauley explained the time limita- tions. they are working with, with action being re- quired within 120 days from the time the Planning Commission receives the request. If action is not taken in that time period, it automatically becomes law without any action on the part of the City. Councilmember Paone left the meeting at 8:25 PM. Motion/Second: Hankner/Wuori to set an informational meeting on i~ovember 6 at 6 PM to discuss the Paster Enterprises and Hardees development with the residents, with the developers invited. 4 ayes 0 nays Councilmember Quick advised residents to write letters if they could not attend the meeting. Councilmember Paone rejoined the meeting at 8:29 PM. Mr. Meyers advised the informational meeting will in no .way affect the legal public hearing that was already held, or in any way be a supplimentary public hearing. The Council must consider what was presented at the public Motion Carried Motion Carried Mounds View City Council October 23. 1989 Regular Meeting Page Eight -------------------------------------------------------------------------- hearing. This is an attempt by the Council to be . concilitory. Mr. Lee asked if this is subject to referendum. Mr. Meyers replied he did not believe so, and it is an extensive procedure to investigate, and the City does not investigate it until a referendum is received. Motion/Second: Quick/Paone to have the second read- 10. Second Reading ing and adoption of Ordinance No. 478, amending the and Adoption of Municipal Code of Mounds View by amending Chapter 41 Ordinance entitled "Specific Rezonings", and waive the reading. No. 478 Councilmember Blanchard - aye Councilmember Paone - aye. Councilmember Wuori - aye Councilmember Quick - aye Mayor Hankner - aye Mayor Hankner noted there are currently five vacancies 11. on the Environmental Quality Task Force, which need to be filled. • Motion/Second: Hankner/Quick to appoint Marc Thomas to the Environmental Quality Task Force, to a term to expire on Decemer 31, 1990. 5 ayes 0 nays Motion Carried Consideration of Staf f Memo Regarding Vacancies on the Environmental Quality Task Force Motion Carried Clerk/Administrator Pauley reported Everest Develop- 12. Consideration ment has requested the City issue .the certificate of of Staff Memo completion and make payment of the land buydown for and Resolution Building D at the Mounds View Business Park, in the No. 2552 amount of $247,279. Motion/Second: Paone/Blanchard to approve Resolution No. 2552., approving payment of $247,279 to Everest Development Limited for land buydown of Lot 1, Block 4, Mounds. View Business Park, and waive the reading. 5 ayes. 0 nays Motion Carried Clerk/Administrator Pauley reviewed his memo of Octo- 13. Consideration ber 18 concerning the Mounds View Business Park of Staff Memo construction management expenses.. Regarding Mounds View Business • Park Construction Management Expenses Mounds View City Council October 23~ 1989 Regular Meeting Page Nine -------------------------------------------------------------------------- Motion/Second: Wuori/Blanchard to approve payment of 31,764.14 in construction management fees and expenses to Everest Construction Company, to be charged to the Mounds View Business Park tax increment fund. 5 ayes 0 nays Motion Carried Clerk/Administrator Pauley explained action by the 14. Consideration Council on this item would certify delinquent of Staff Memo utility bills, and levy a tax for delinquent utility and Resolution charges over a one year period. He read the names of No. 2551 the three individuals :who are delinquent, Mark Rygh, Tom Raffe and Don Harrison. Motion/Second: Quick/Wuori to approve Resolution No. 2551, levying a tax for delinquent utility charges over a one year period, and waive the reading. 5 ayes 0 nays Motion Carried City Attorney Meyers had no report. 15. Report of Attorney • Ms. Hren reported there is a vacancy on the Planning 16. Report of Commission. Staff Members Councilmember Wuori added they have received the verbal resignation only of Deborah Alman. Clerk/Administrator Pauley explained they need either the written resignation or the Planning Commission to declare the vacancy before the Council can act. Councilmember Blanchard had no report. Councilmember Paone had no report. Councilmember Wuori had no report. Councilmember Quick. had no report. • Mayor Hankner suggested the Council might want to have Staff look. into cigarette vending machines in the City, to see how many there are, where they are, and so forth. 17. Reports of Councilmembers: Councilmember Blanchard Councilmember Paone Councilmember Wuori Councilmember Quick Mayor Hankner Mounds View City Council October 23~ 1989 Regular Meeting Page Ten -------------------------------------------------------------------------- Clerk/Administrator Pauley had no report. There being no further business before the Council, Mayor Hankner adjourned the meeting at 8:44 PM. Respectfully submitted, Donald F. Pauley Clerk/Administrator • 18. Report of Clerk/ Administrator 19. Adjournment • tJ Ft"i~ A P P R-ova-p t a~ z3~ ~'~ • PROCEEDINGS OF THE CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Special Council Meeting October 16, 1986 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 ------------------------------------------------------------ The Mounds View City Council was called 1. Call to order to order by Acting Mayor Blanchard at 7:00 A.M. MEMBERS PRESENT: Acting Mayor Blanchard, 2. Roll Call Councilmembers Quick, Wuori, Paone ALSO PRESENT: Clerk-Administrator Pauley, Parks, Recreation and Forestry Director Saarion and Public Works Foreman Mike Ulrich Parks, Recreation and Forestry Director Saarion introduced Wayne Burmeister, Chair- • man of the Silver View Park Shelter Committee. Mr. Burmeister reviewed the bids received by the City of Mounds View for the construction of the shelter building at Silver View Park and indicated that Dailey Homes was the apparent low bidder at $78,000 after deductions. The Committee recommended that the City accept the bid of Dailey Homes with an addition of $13,000 for the installa- tion of a stainless steel counter top in the kitchen area. The Councilmembers discussed the advantages and dis- advantages of a stainless steel countertop and bath- room fixtures and fund sources available for this additional expense. Clerk-Administrator Pauley advised the Council that the Advisory Commission budget had an amount budgeted for consulting services in the amount of $7,500 which had yet to be used and, more than likely, would not be used during 1989. Motion/Second: Wuori/Paone to awared 3. Motion the bid for the construction of Silver Carried View Park Picnic Shelter to Dailey Homes for a base bid of $84,300 less a deduc- tion of $400 for the use of PVC vs. cast • iron pipe. Funds for the building to be provided by the Lion's Club in the amount SPECIAL COUNCIL MEETING PAGE TWO OCTOBER 23, 1989 of $75,000; $7,500 from the Advisory Commissions' budget and the remainder to be identified by staff at a later date. All ayes 0 Nays Meeting adjourned at 7:26 p.m. 4. Adjournment Res ectfully subm'tted, Do a F. Pauley Cler -Administr DFP/MJS • •