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HomeMy WebLinkAboutMinutes - 1990/02/26r CITY COUNCIL MEETING CITY OF MOUNDS VIEW FEBRUARY 26, 1990 7:00 P.M. A G E N D A 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL - BLANCHARD, PAONE, WUORI, QUICK, HANKNER 4. APPROVAL OF MINUTES: February 12, 1990 Regular Meeting COUNCIL ACTION: 5. SPECIAL ORDER OF BUSINESS: • A. FOURTH QUARTER 1989 DEPARTMENT HEAD REPORTS - Police Chief Ramacher - Parks, Recreation and Forestry Director Saarion 6. PUBLIC HEARINGS: A. 7:00 P.M. - Consideration of Ordinance No.481 Amending Chapter 48 Entitled, "Wetland Zoning Ordinance" COUNCIL ACTION: 7. RESIDENTS REQUESTS AND COMMENTS FROM THE FLOOR --------------------------------------------------------------- CITIZENS: BEFORE SPEAKING PLEASE GIVE YOUR FULL NAME AND ADDRESS FOR THE MINUTES -------------------------------------------------------------- 8. CONSENT AGENDA A. Approve Partial Payment of $71,526.17 to Dailey Homes, Inc. for Silver View Park Picnic Shelter to be Charged to Park Improvement Fund B. Approve Purchase of Shop Jack from Kramer Tire Company for $689.00 to be Charged to Account No. 100-4260-703 AGENDA PAGE TWO FEBRUARY 26, 1990 C. Approve Purchase of Turf Maintenance Equipment as Listed to be Charged to Account No. 100-4360-703 Rough Cut Mower: Long Lake Tractor and Equipment - $3,847.00 3 Point Fertilizer Spreader: North Star Turf - $1,688.00 Aerator: North Star Turf - $3,450.00 Slit Seeder: North Star Turf - $3,625.00 D. Authorize Mayor to Enter Into Contract for Community Survey with Decision Resources, Limited in the Amount of $9,630.00 E. Approve Certificate of Occupancy for Amoco Car Wash, 2155 Highway 10 F. Adopt Resolution No. 3002 Approving Just and Correct • Claims Against City Funds G. Licenses for Approval Auto Sales - Expires 12/31/90 Mid-American Auto - Renewal Fire Protection - Expires 6/30190 Arrow Sprinkler Inc. - New General Contractincr - Expires 6130!90 Modern Building and Remodeling - New Heatinct and Air Conditioninv - Expires 6/30190 Sharp Heating and Air Conditioning - Renewal COUNCIL ACTION: 9. COUNCIL BUSINESS: A. Approve Recommendations of 1989 Water System Analysis and Direct Implementation by Public Works Director • Council Action: ~f AGENDA FEBRUARY 26, 1990 PAGE THREE B. Adopt 1990 Water and Sanitary Sewer Utility Budgets and Rates (Resolution to be Presented Monday Evening) Council Action: C. Consideration of Staff Memorandum Regarding Approval of County Road J Reconstruction Plan Council Action: 10. REPORTS: A. Report of Attorney B. Report of Staff Members C. Report of Councilmembers: Blanchard, Paone, Wuori, Quick, Hankner D. Report of Administrator . 11. ADJOURNMENT: • ~~~ ~,~P -~~~ ; ~a1~© PROCEEDINGS OF THE CITY COUNCIL • CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting February 26, 1990 Mounds View City Hall 2401 Hwy. 10, Mounds View, MN 55112 ------------------------------------------------------------------------ The Mounds View City Council was called to order by 1. Call to Mayor Hankner at 7:00 PM on Monday, F'ebruar°y ;L v, 1990. Order The Pledge of AFd :~.egiarice was said. 2. Pledge of Allegiance MEMBERS PRESENT: Councilmernbers B~kanchard, Wuori, 3. Roll Call Quick and Mayor Hankner. ALSO PRESENT: Ca.ty Attorney Meyers, Clerk/Admini- strator Pauley and Public Works Director Minetor. Motion/Second: t~~:~oii/Quicc to approve the February 4. Approval of 12, 1990 minutes as presented. Minutes: • February 12, 4 ayes 0 nays 1990 Motion Carried Councilmember Paone joined the meeting at 7:02 PM. Police Chief Ramacher presented the fourth quarter 5. Special Order report of the Police department, reviewing Class I of Business: crime statistics for 1989 vs. 1988, which saw about Fourth Quarter a 7~ increase. He also reviewed Class II statistics, 1989 Depart- for less serious crime, which was a 25~ increase for ment Head the past year. Police Chief Ramacher also reviewed Reports total crime statistics for the past four years, and the crime rate. Park, Recreation and Forestry Director Saarion reported copies of the 1989 annual report from the Park, Recreation and Forestry department are available for the general public to review. Ms. Saarion reviewed a recap of 1989 highlights for the department, and major improvements made in the parks, as well as reviewing 1990 departmental goals. Mayor Hankner closed the regular meeting and opened 6. Public Hearing: the public hearing at 7:22 PM. Consideration of Ordinance No. 481 Mounds View City Council February 26, 1990 Regular Meeting Page Two -------------------------------------------------------------------------- . Mayor Hankner explained the City had hired Barr Engineering one year ago to do the wetlands ordinance review, which has been done. At this time the Council is looking for input from the residents. This will be a slow process, and will not be rushed through. Clerk/Administrator Pauley explained the wetland ordinance was adopted in 1982, and he reviewed the history of it and the process followed to date. A committee was established and worked for several months on the update. The Planning Commission, Park and Rec Commission .and Environmental Quality Task Force have reviewed the update and recommend approval. An informational meeting was held on December 11, and copies of the proposed changes are available for review. Copies have been sent to various governmental bodies, of which only the DNR has responded. Clerk/Admini- strator Pauley read the response of the DNR. He also read a petition signed by 43 residents from the White Oak Pond area. Mayor Hankner stated the petition would become part of the public record. • Duane McCarty, 8060 Long Lake Road, explained he had worked on the original wetlands ordinance. He stated he has concerns about what residents can or cannot do without the boundaries. He read from 48.06 Sub. 4(C), which he interpreted as giving the Council latitude. He also questioned several proposed changes in terminology, in 48.01 Sub. 2(A), and sections that are proposed for elimination, and explained the reason they were included in the first place. Mr. McCarty suggested the City takes its time in working on this. He added he would be willing to help, to go through step by step. in a review. Jerry Farman, 7448 Spring Lake Road, stated he has problems with some of the terminology, specifically the words enhancement and management, and he questioned whether they should be included areas smaller than one acre. Savri Ayaz, 7751 Bona Road, stated he had to get a permit to change his patio, and the ordinance does not have to be taken apart for something like that. He added he is also concerned with the use of the words enhancement and management, as he feels they are very subjective. Mr. Ayaz read from sections of the ordinance, pointing out it can be difficult to follow and understand. Mounds View City Council February 26, 1990 Regular Meeting Page Three -------------------------------------------------------------------------- . Paul Mielke, 516 Brighton Lane, stated he is on the Environmental Quality Task Force, and he explained the rational of using enhancement and management, stating they are very important words to use and ar correct. He added the wetlands must be managed. Jim Sandidge, 7817 Bona Road, questioned if there would be a work session for input on this. e Mayor Hankner explained the committee that worked on the update spent many hours going through the ordi- nance, section by section. She added they need to get a list of people who are willing to work on it and spend the amount of time necessary, pointing out is a very big time commitment. City Attorney Meyers explained a good deal of work went into the original ordinance and this revision. He pointed out the City of Mounds View is a leader in the field of preserving setlands. He also noted there had been one lawsuit in Mounds View concerning the wetlands regulations, and several throughout the country, and they can go both ways.. As an attorney, it is his duty to anticipate court challenges, and they have worked hard to establish rational for what the City is trying to do, to make it clear to any court that this issue might come before. He added preservation of the wetlands is not enough, as wet- lands deteriorate, and that must be taken into account. They cannot allow wetland deterioration, and enhance- ment is crucial and has always been in the ordinance. Attorney Meyers advised criteria has been added, con- cerning assessments. The law has changed a great deal, and it is specific on assessments, in that a benefit is required. He added a good deal of time and work has gone into this revision, and he commended the committee for the amount of work they have done. Kathy Ayaz, 7751 Bona Road, stated there is some back patting to do, as a very good job has been done. She noted Andover is working to pattern an ordinance after Mounds View's, and she stated the majority of the update looks good. Mary Go.lke, 5114 Long Lake Road, stated she is concern- ed with the 100' buffer, specifically for residents who were established before the buffer zone was. Attorney Meyers explained that is a very important feature of the wetland ordinance. He added that while that would ultimately be determined by the court, he feels it would be upheld. Ms. Golke stated she would like to see a permit clause added. Mounds View City Council February 26, 1990 Regular Meeting Page Four -------------------------------------------------------------------------- • Peter Sabee, of Barr Engineering, reviewed the con- text for the terms enhancement and management, stating he felt they were misunderstood. He stated the ordinance has been strengthened from a regulation standpoint, and he noted Mounds View's is the lead- ing ordinance in the State, adding it is the most comprehensive he has come across. Mr. McCarty stated on the original ordinance, 48.01 Sub. 3(D) was developer specific and he would like to see it left the way it read. He added they need to keep control of the development process, and he reviewed the original intent. Mr. Mielke questioned whether mitigation .would be allowed. Attorney Meyers explained in some instances the ordinance was amended to fit the facts, such as what has been done for the past several years. Mr. Sabee explained the rational for the one acre minimum size. The minimum sizes were taken from the original inventory. Any number selected would be arbitrary, and they do need to have a minimum size. Mr. Farman stated everyone seems to be afraid of loopholes, and pointed out an enhancement to one person is different to another. Attorney Meyers explained there are many guidelines and standards to be followed that control and spell things out, adding there are times that enhancement is desirable. Ms. Ayaz stated mitigation and enhancement cannot be synonymous, and they need to proceed cautiously. Clerk/Administrator Pauley stated developers are required under the update to give title to excess wetlands to the City. Mr. Sabee reviewed the mitigation and enhancement criteria and how variances would be required. Mayor Hankner closed the public hearing and reopened the regular meeting at 8:43 PM. Motion/Second: Quick/Wuori to have the Council set a committee to be formed of residents, Council and Staff to evaluate the proposed changes in the • wetlands ordinance, with a timeline to be developed by the Committee. 5 ayes 0 nays Motion Carried Mounds View City Council February 26, 1990 Regular Meeting Page Five -------------------------------------------------------------------------- • Councilmember Quick stated it is important and necessary that when the ordinance is finalized, the City have the .best possible mechanism for protection of the wetlands. He suggested they discuss what they would like at the next agenda .session, to give Staff an opportunity to get things together. Councilmember Blanchard stated she felt it was important that a timeline be established, as this is a very important ordinance. Mr. McCarty thanked Attorney Meyers for all his help and commitment in writing the original ordinance. Mr. McCarty reported it appears the computer aided dispatch system will happen, and it is hoped to have a final decision within the next few months. He also reported Long Lake Road improvements should begin in 1991. Councilmember Wuori asked that Item E be removed for discussion. Motion/Second: Paone/Blanchard to approve the consent • agenda, minus Item E, and waive the reading of the resolutions. 5 ayes 0 nays Councilmember Wuori pointed out on Item E, the appro- val of a certificate of occupancy for the Amoco car wash, that in the original agreement it was called for the two structures to be joined by a common roof, and that does not exist at this time. Jim Finley, 150 S. 5th Street, Minneapolis, repre- senting Amoco, stated they intend fully to build the canopy over the car wash as agreed, however, cannot do it at this time as footings need to be put in the ground. He explained their project engineer believes it will cost under $10,000, and they are willing to offer a cash bond of 125, to be held until completion, which will be no later than May 1. The architect for Amoco explained it is difficult to build this structure during this weather, but they will be able to do it once the ground is ready. 7. Residents Requests and Comments from the Floor 8. Approval of Consent Agenda Motion Carried LJ •~ Mounds View City Council February 26, 1990 Regular Meeting Page Six -------------------------------------------------------------------------- • Councilmember Wuori questioned if the certificate of occupancy is granted pending this, if it could be rescinded if it wasn't constructed later. Attorney Meyers advised that could be made a condi- tion, however, it is questionable how enforceable it would be, if they are holding a bond. Councilmember Wuori suggested perhaps a temporary certificate of occupancy, with the stipulation of completion, before the permanent certificate is issued by the Council. Public Works Director Minetor suggested that if they made it a performance bond, rather than a cash bond, if the canopy wasn't completed by the time it expires. they could no longer occupy the facility. He added it would be required they complete all work before the permanent certificate is issued. Attorney Meyers advised a cash bond was preferred. Motion/Second: Paone/Quick to issue occupancy permit, with a cash perfor~ the amount of $12,500, with the form to be approved by the City Attorney. the work is not completed within the June 1, 1990, the bond is forfeited, operations shall cease. 5 ayes 0 nays a temporary Hance bond in of the bond In the event timeline, by rescinded, and Motion Carried Mr. Minetor stated he had not had an opportunity to review the plans, but felt $12,500 was in the ballpark. Motion/Second: Quick/Wuori to amend the previous motion to call for a $50,000 cash performance bond. 3 ayes 2 nays Motion Carried Councilmembers Paone and Blanchard voted against the motion. Councilmember Quick stated he was concerned that $12,500 may not be enough to cover the cost of the canopy. Motion/Second: Quick/Blanchard to approve the 9. Approve . recommendations of the 1989 water system analysis Recommendation and direct implementation by the Public Works of 1989 Water Director. System Analysis 5 ayes 0 nays Motion Carried founds View City Council February 26, 1990 Regular Meeting Page Seven L~ Clerk/Administrator Pauley reviewed proposed Resolu- tion No. 3004. Motion/Second: Blanchard/Wuori to approve Resolution No. 3004, setting water rates effective January 1, 1990, and waive the reading. 5 ayes 0 nays Clerk/Administrator Pauley reviewed proposed Re- solution No. 3005. Clerk/Administrator Pauley reviewed proposed Resolu- 10. Adopt 1990 tion No. 3003. Water and Sewer Utility Motion/Second: Quick/Paone to approve Resolution Budgets and No. 3003, adopting the 1990 water and sewer utility Rates budgets, and waive the reading. 5 ayes 0 nays Motion Carried Motion Carried Motion/Second: Paone/Quick to approve Resolution No. 3005, setting sewer rates effective January 1, 1990 and waive the reading. • 5 ayes 0 nays Motion Carried Mr. Minetor explained the plans for reconstruction of County Road J have been completed. The County would like to have the Council formally approve the plans. Motion/Second: Quick/Blanchard to approve the final plans for reconstruction of County Road J and authorize the City Engineer/Director of Public Works to sign said plans for the City. 5 ayes 0 nays Mayor Hankner reported there would be an informa- tional meeting with the residents and MnDOT on March 8, but would not directly affect this item. Attorney Meyers had no report. 11. Consideration of Approval of County Road J Reconstruction Plans Motion Carried 12. Report of Attorney Mr. Minetor reported there had been a failure of 13. Reports of the air compressor at treatment plant no. 1 on Staff Members . Friday, and an emergency purchase of a small air compressor had been made. "~ Mounds View City Council February 26, 1990 Regular Meeting Page Eight • Councilmember Blanchard had no report. 14. Reports of Councilmembers: Councilmember Blanchard Councilmember Paone anonymous complaint at Silver Lake Road that Staff look int Councilmember Wuori reported he had received an Councilmember concerning debris at the property Paone and County Road H2, and asked ~ it. had no report. Councilmember Wuori Councilmember Quick had no report. Councilmember Quick Mayor Hankner reported there will be a meeting of the Mayor Hankner House Transportation Committee at 10 AM on Friday, to hear updates on the airport reliever study. She plans on attending the meeting, along with Clerk/ Administrator Pauley. Mayor Hankner reported she had been contacted by Dick Widell, Mayor of Shoreview, to see if Mounds View . would be interested in connecting up with a bike path they plan to put in along County Road I, as children from Turtle Lake will be going to school in Mounds View next year. Motion/Second: Hankner/Quick to direct Staff to research the possibility of a bike path connection with the City of Shoreview, along County Road I. 5 ayes 0 nays Motion Carried Councilmember Wuori stated she was concerned about the bridge over Rice Creek, as that is so narrow already. Mayor Hankner reported they have run into circum- stances in the past of .people wanting to give a charitable contribution to the City for a specific purpose, and she would like Staff to put together a policy, setting forth the procedure. Motion/Second: Hankner/Paone to direct Staff to develop a policy on charitable contribution request and acceptance procedures. • 5 ayes 0 nays Motion Carried ' t Mounds View City Council February 26, 1990 Regular Meeting Page Nine -------------------------------------------------------------------------- • Clerk/Administrator Pauley reported that, per the request of Mayor Hankner, arrangements are being made for the Council to tour one of the group homes in the City. Mayor Hankner explained some residents have expressed concern about their operation, and she feels it would be helpful for the Council to view it first-hand. It was agreed it might be better if they didn't go as a group, and just one or two. Clerk/Administrator Pauley will get a date established and advise the Council. Clerk/Administrator Pauley distributed the tabulated results of the survey that had been Bane recently of the Highway 610 project. Mayor Hankner expressed a special thank you to Michelle Severson for the work done in tabulating the responses. Clerk/Administrator Pauley reported congregate dining will be moved from the Edgewood Community Center to Messiah Lutheran Church in early April, on a temporary . basis. He added there is a definite possibility that congregate dining may be moved out of Mounds View altogether. Clerk/Administrator Pauley summary of the recent City earlier in the day, and he payment of the invoice. A tabulated results will be Council meeting. reported the executive survey had been received has authorized one-half formal report and cross- presented at the March 12 There being no further business before the Council, Mayor Hankner adjourned the meeting at 9:40 PM. 15. Repoert of Clerk/ Administrator 16. Adjournment •