HomeMy WebLinkAboutAgenda Packets - 1988/05/16MAk
CITY OF MOUNDS VIEW
CITY COUNCIL
n
-
AGENDA SESSION
MAY 16, 1988
7:00 P.M.
1.
Consideration of Contract for Recycling between the City
of Mounds View and Super Cycle
2.
DisussioforcKevinnof Use r Animal
Barcusnatt25541Highwayg10sandoAmendmentCtonic
Ordinance No. 441
3.
Consideration of Staff Memorandum Regarding Maintenance
(Single
Agreement for Philips Word Processing Systems
Drive and Dual Drive)
4.
Consideration of Staff Memorandum Regarding Robert
Minor Subdivision Request
Petersen, 2185 Lambert Avenue,
Planning Case No. 237-88
5.
Review of Resolution No. 2327 Denying Variance Appeal
for Dynamic Designers
6.
Consideration of Staff Memorandum Regarding Pavement
�.
Management Study
7.
Consideration of Staff Memorandum Regarding Silver Lake
Woodale Drive and
Road - Sanitary Sewer (Vicinity of
Woodcrest Drive)
"I
8.
Consideration of Staff Memorandum Regarding Treatment
Plant 11 Iron and Manganese Removal
9.
Consideration of Staff Memorandum Regarding Land Use
_
Public Hearings
10.
Consideration of 1989 Budget Calendar
11.
1988 First Quarter Department Head Reports
- Police Chief Ramacher
- Finance Director Brager
Parks, Recreation & Forestry Director Saarion
- Director of Public Works/City Engineer Minetor
12.
Discussion with Clerk -Administrator Regarding the
Results of the City Survey
•- .+naa nrrxuvtu: 5/9/88
�1!: PROCEEDINGS OF THE CITY COUNCIL 0^�
RAMSEY COUNTYCITY OF ,,DMINNVIEW LD
E OTA�f
Regular Meeting
April 25, 1988
2401 Hwy. 10, Mounds View y
Hall
- Mounds View, MN55112
--------------------
The Mounds View City Council was called to order by 1. Call to Order
Mayor Linke at 7:01 PM on Monday, April 25, 1988.
The Pledge of Allegiance was said.
2. fledge of
Allegiance
MEMBERS PRESENT: Councilmembers Blanchard, wuori Quick and Mayor Linke. 3. Roll Call
it was noted Councilmember Hankner was absent.
ALSO PRESENT: City Attorney Meyers and Clerk/
Administrator Pauley and City Planner Herman.
Motion/Second: Quick/Blanchard to approve the -April�1988 minutes as corrected. 4• Approval of
Minutes:
4 ayes 0 nays April 11, 1989
Motion Carried
MaYOr received Linke announced had
ivedanotherTree City designation,being cone lof 5 Proclamation
44 cities in the State to receive it, and ho read
proposad Resolution No. 2317, proclaiming May 5 to
be Arbor Day and the month of May as Arbor Month.
Motion/Second: Linke/Quick to adopt Resolution
NOS, proclaiming May 5 as Arbor Day and the
month of May as Arbor Month.
4 ayes 0 nays
Motion Carried �
Mayor Linke stated he was proclaiming the week of May 1-7 as Teacher Appreciation Week in the City
of Mounds View, and he read the proclamation.
Mayor Linke closed the regular meeting and opened 6. Public Hearing:
he public hearing at 7:08 PM.
Conditional Use
Permit for
Church Upon the
Rock, 7901 Red
Oak Drive
Mounds View City Council
Regular Meeting
---------------
April 25, 1988
----------------- -----------------------------------------
Page Two
City planner Her reviewed the request of Church
Cpon the Rock for
a permit for a temporary classroom
structure, due to their
enrollment increase. SherD
explained t:•) temporar building
mediate
would be an inter-
step as the may
wove to y y expand their building
another or
their needs, r site in the future, depending upon
She stated
the Planning Commission has
reviewed the request and
recommends approval, and
they are also working on updating the
conditional
original
use permit granted to the Church and
will be sending that
to the Council at a later date.
She further explained the Planning Commission
Placed five
a has
year limitation on the
the temporary building,
which would ale lowenoughfti.me
for the Church to decide what
to oif the
request an extension at the end ofthenfive
they would be
years,
required to upgrade the parking lot at
that time.
Councilmember Blanchard noted a special use permit
is for one year only and questioned whether the
building could be placed for five years.
.Attorney Meyers clarified the issue and stated it
would be allowable for five years.
Councilmember Blanchard asked if the Fire Department
had looked into the request.
City Planner Herman explained the Fire Inspector has
looked at the permanent structure and does not feel
there would be a problem, but he will have to check
again at the time of the issuance of tha
Mayor Linke closed the public, hearing and reopened
the regular meeting at 7;14 PM.
There were no residents requests and comments from
the floor. 7. Residents
Requests and
Comments from
the Floor
Clerk/Administrator Pauley read the items or,
proposed consent agenda. the
8. Approval of
Motion_ /Second: Wuori/Blanchard •:o apConsent Agenda
e the
sent agenda, as presented, and waivethevreadingon-
of the resolutions.
4 ayes 0 nays
Motion Cased
April 25, 1988
Mounds View City Council
Page Three
Regular Meeting ------
------------------------------------------------------
------------
Mayor Linke stated he was not happy with the contin-
9. Consideration
Resolution
Cgency in proposed Resolution No. 2320 which would allow
of
No. 2320 Appro-
for the renewal of the conditional use permit after
ving Conditiona
five years, as he felt if they wanted to continue
it be made
Use Permit for.
using that space at that time, should
He ask'' that that contingency be removed
Ch!irch Upon
permanent.
and another one adcc-d stating that if the building is
the Rock
sold or the main structure is vacated, that the
temporary structure would be removed at that time.
Motion/Second: Linke/Quick to adopt Resolution No.
2320, approving a conditional use permit for a
to be in an R-1
temporary accessory structure placed
district at 7901 Red Oak Drive, for the Church Upon
the Rock, as amended, and waive the reading.
Motion Carried-
4 ayes 0 nays
Clerk/Administrator Pauley reviewed the recommendation 10. Consideration
of the City's insurance agent, Charles E. Clysdale, of Rslt.,No.
of the Maguire Agency, Inc. for the purchase of 2321 Approving
1988 insurance coverage, from the League of Minnesota Props1g88osals for
Cities Insurance Trust in the amount of $66,150 and ranee Coverage.
su-
from the Minnesota State Fund Mutual Insurance
Company in the amount of $51,938.
CMotion/Second: Quick/wuori to adopt Resolution
No. 2321, authorizing 1988 insurance contracts, and
waive the reading.
;lotion carried
4 ayes 0 nays
Mayor Links noted this was a reduction in the cost
to the City for the first time in many years.
City Planner Herman reported the'City has received
11. Referral of
Harstad Compa-
the resubmittal from the Harstad Companies for the
the subdivision
ries Resubmitte
Greenfield Estates project, and per
Staff recommends the Council give it to the
Preliminary
code,
Planning Commission for their review initially, and
the
Plat and
Authorization
authorize Barr Engineering to review proposal.
that notification be sent out
of Plat Review
She also recommended
to residents in the area, due to the interest shown
in the project before.
Motion/Second: Linke/Blanchard to refer the Harstad
Cormpanes resubmittal to the Planning Commission for
their complete review and authorize Barr Engineering,
the and
at the developer's cost, to review proposal
get the information to the Planning Commission for
{t,,/their review, and send notice to the residents within
350' of the area that there has been a resubmittal.
Motion Carried
4 ayes 0 nays
Mounds View City Council
April 25, 1988
Regular Meeting
-------------------------------------------------------------------------
Page Four
Clerk/Administrator Pauley reviewed the necessity of
12. Authorize' H
repairs to portions of Silver Lake Road between
to Conduct
County Road H2 and Woodcrest, due to the settlement
Buildings
of pipes. He stated they had asked Short, Elliott,
Condition Sur -
Hendrickson to advise them of the best way to proceed,
vey and Update
and he reviewed the three options proposed by SEH,
Cost Estimate
with the recommendation to go with ductile iron,
and Prepare
with a mid -range cost of approximately $300,000.
Plans and Specs
He explained, however, the cost could possibly go up
for Project
to $500,000, depending upon the amount of work to be
No. 88-1
done. He stated the sewer fund has $88,349 available
at this time and Staff would recommend a loan from
the water fund to the sewer fund, at an interest rate
of 9%, with a ten or fifteen year amortization schedule.
He also stated Staff may be recommending an increase
to the sewer rate, which would enable a retirement of
the debt.
Motion/Second: Quick/Wuori to authorize Short, Elliott,
Hendrickson to conduct a building condition survey at a
cost not to exceed $15,000, and update the cost estimate
and preparation of plans and specs for Project No.
88-1, Silver Lake Road sanitary sewer repairs.
4 ayes 0 nays
Motion Carried
Councilmember Wuori questioned where the money would
come from for repairs if there is damage to any homes
or buildings as a result of the work being done.
Clerk/Administrator Pauley replied the contractor
would be required to provide insurance. He also noted
that the building conditions survey was being done to
protect the City, if they should be found liable by
the Court.
Kay Weisman, 7807 Bona Road, asked how old the pipe is.
Clerk/Administrator Pauley replied it was installed
between 1962 and 1964.
Clerk/Administrator Pauley reviewed the history of 13.
the policy for entrance openings along Highway 10,
explaining the policy was adopted six years ago, and
now, with the development of the Mounds View Business
Park, MnDOT has requested the City reaffirm this
resolution using the names of the new property owners.
Motion/Second: Wuori/Quick to
2318, regarding the policy on
Highway 10 between County Road
and waive the reading.
4 ayes 0 nays
adopt Resolution No.
entrance openings for
H and County Road H-2,
Consideration
of Resolution
No. 2318 Rega,
ing Policy on
Entrance Open
ings for Highs
10 Between
County Road H
and County
Road H-2
Motion Carried
4 �A
Mounds View City Council
April 25, 1988
Regular Meeting
-------------------------------------------------------------------------
Page Five
7 Clerk/Administrator Pauley explained the purpose of
14. 2nd Reading
./Ordinance No. 440 is to correct an error in the
and Adoption
property description from the original ordinance.
of Ordinance
Motion/Second: Quick/Blanchard to have the second
No. 440
reading and adoption of Ordinance No. 440, vacating
a portion of St. Stephen Street and drainage
easement, and waive the reading.
`i
Councilmember Blanchard - aye
Councilmember Wuori - aye
Councilmember Quick - aye
Mayor Linke - aye
Motion Carried
Clerk/Administrator Pauley reviewed the request of
15. Consideration='
the Finance Department to purchase a decollator and
of Memo Regaro`-
burster.
ing Purchase -of
Motion/Second: Quick/Blanchard to authorize Staff
Decollator and
Burster for
to purchase a burster and decollator from Computo-
Finance Dept.'.;
service, Inc. at a cost of $4,117.48.
4 ayes 0 nays
Motion Carried
^ Park and Rec Director Saarion explained Staff had
16. Consideration
asked approval from the Council at the April 11
of Staff Memo'
meeting to place street sweepings at Greenfield Park,
Regarding
to help level the land and make it more usable. She
Greenfield Park
reviewed the plans of the Park and Rec Department
Wetland
for the park if the work is done, explaining that
Evaluation
is so uneven now that it is difficult to use. She
She"
Results
added the concern had been over the wetlands in the
park, so Staff had contacted mom Petcraon from Lim
Ramsey Soil and Water Conservation District, and
after studying it, it is his opinion that this is
not a wetland, and she reviewed his letter of April
22.
Park and Rec Director Saarion stated that if approval
is not given this evening for the sweepings to be
placed there, the Public Works Department will have
to move them elsewhere.
Clerk/Administrator Pauley read the letter from
Mr. Peterson. He explained the work Staff is proposing
to do would establish a maintainable turf area, and
the filling and grading would not encroach on the area
that was previously classified as wetland. He added
Staff would recommend the Council request Mr. Peterson
6to accomplish a formal review of the entire area, for
114Council consideration of an amendment to the wetland map.
Attorney Meyers advised the Council on the process
that would have to be followed to encroach on a wetland
area.
Mounds View cityi
Council
Regular
eeti
Meeting
Regular- ------------------
April 251988
------------------------------------------
ageSix
Councilmember Quick
on recommended placing the sweepings
adeterminationaisnthe
Park
r�
made,Greenfield area, until
Quick/Blanchard
deposit
deposit
of_nd:
to authorize the
of the sweepings to the east of Lot 26ain
the Greenfield Park
area, the portion of the south-
east corner of Greenfield Park
the
locat
not located within
wetland buffer zoning district.
4 ayes 0 nays
Motion-cond: Quick/Wuori to authorize Staff
contact Tom aterson,
Motion Carried
to
of Ramsey Soil and Water
Conservation District,
and have him do a complete
evaluation of Wetland 1-21.
4 ayes 0 nay,
Clerk/Administrator
Motion Carried
Pauley explained Staff is
reyc4sting a study of the
Ardan Avenue drainage
area be done to determine the
l�• Authorize SEH
Pipe to be placed under Lon proper size of the
the Ardan Avenue g Lake Road, to
to Develop
Storm
drainage handle
g area.
Water
Mayor Linke explained they
Management Plan.
for Ardan Avenu
are attempting
good way to use the existingP to find a
holding
holding area,
Drainage a
and right nowtherenoarea
a
that area that could be no e`dn
used, and
to find a functional plan. it
taketime
Clerk/Administrator Pauley
any
stated it was hoped that
work which needed to be done
for
rCthe
on Long Lake Road
storm sewer could be done the
on
same as ;+. ...�
witn no asses ment to~the-_ ad funds,"--
� �"i�ipi
al State
Property owners.
Pat Rickaby, 8343 Groveland Road, asked when
would be done.
the work
u
schedl dlthetreconstructioneOfi
the County has
o
1989-1990, and the City
beforehand. would haventto doethisdwofor
rk
Motioni, nnd: Wuori/Quick
to Elliott, Hendrickson to authorize Short,
management develop
j
a storm water
at a cost Plan for the Ardan Avenue drainage
o exceed
area
the Storm Water
$15,000, to be charged to
Management
Fund.
4 ayes 0 nays
Motion Car ed
Mounds View City Council April 25, 1988
Regular Meeting Seven
------------------- Page
^Attorney Meyers had no report.
18. Report of
Attorney
Councilmember Blanchard had no report.
19. Reports of
Councilmemberee
Councilmember,
Blanchard
Councilmember Wuori asked how high the piles of sand
be
Councilmember -:
would getting at the Mounds View Business Park.
Wuori
Tim Nelson, of Everest Development, stated they
should not be getting any higher and should start
going down. He added they have placed "keep out"
signs, hoping to keep youth out of the construction
area.
Councilmember Quick had no report.
Councilmember
Quick
Mayor Linke reminded everyone of the penny jugs
located throughout the City for the Pinewood
Mayor Linke
Playground
project, and he also reminded everyone of Clean -Up
Day, which is scheduled for May 7.
Mayor Linke reported the recycling program will lzgin
in June, and pick-up will be the third Tuesday of each
month, for paper, cans, bottles and plastics.
Clerk/Administrator Pauley reported flyers would be
20. Report of
out soon, describing the recycling program, and he
strongly urged residents to take
Clerk/
part in the program,
as everyone must work to reduce the amount of garbage
Administrator
going to the landfills.
Clerk/AdministraLor Pauley reported that two weeks ago
there had been a report of the smell of oil in a local
pond, and upon investigation by Williams Pipeline Co.
and the Police and Public Works, it was discovered
that fuel oil had been dumped into the sewer line by
someone. He reported that Williams assisted in the
clean-up and he also pointed out the City provides a
free dump site for used crank case oil at the Public
Works garage. Clerk/Administrator Pauley emphasized
the sanitary sewers are not for the disposal of toxic
wastes, and the da::ger of people abusing the use of
them.
Clerk/Administrator Pauley reported Everest Development
has requested a temporary occupancy permit for 5201
Program Avenue, and he reviewed the contingencies
recommended by the Building Inspector and the work to
be completed yet. He added that Everest Development
has agreed to all the conditions.
Mounds View City Council April 22, 1988
Regular Meeting Page Eight
---------------------------------------------------------------------- --
Motion/Second: Quick/Blanchard to grant a temporary S
occupancy permit for Everest Development at 5201 Program
Avenue.
4 ayes 0 nays Motion Tarried
Mayor Linke stated he wanted to emphasize the
seriousness of dumping of wastes, as discussed by
Clerk/Administrator Pauley, and he asked that anyone
observing dumping by someone call the Police.
Kay Weisman stated she agreed with the comments made
regarding the disposal of hazard wastes and pollution
and she stated it would be helpful to have a list
available of what should not be dumped. She
mentioned a specific concern with anti -freeze being
dumped into the sewer system.
Mayor Links explained they had checked on anti -freeze
before, and it is not on the hazardous waste material
list.
Clerk/Administrator Pauley reviewed some of the items
that are on the list and he stated there would be an
article going in the next newsletter about it.
Dave Radamacher, 7421 Park View, stated he agreed that
it was a very important issue and people should be
reminded frequently. He also questioned whether water
from swimming pools could be put directly into the
system.
Clerk/Administrator Pauley replied that that is
considered acceptable.
Mayor Linke adjourned the
20. Adjournment
r
bA r
!I y
PROCEEDINGS OF THE CITY COUNC Ov[, .CITY OF MOUNDS VIEWWWW!!!
RAMSEY COUNTY, MINNESOTA
2401 Hwy. 10,
The Mounds View City Council was called to order by
Mayor Linke at 7:00 PM on Monday, May 9, 1988.
The Pledge of Allegiance was said.
MEMBERS PRESENT: Councilmembers Hankner, WUOri,
Quick, Blanchard and Mayor Linke.
ALSO PRESENT: City Attorney Meyers, Clerk/
Adminnistretor Pauley and City Planner Herman.
Motion/Second: Wuori/Quick to approve the April 25,
r meeting minutes as presented.
C4 ayes 0 nays 1 abstention
Councilmember Hankner abstained from the vote as she
had not been present at that meeting.
Regular Meeting
May 9, 1988
Mounds View City Hall
Mounds View, MN 55112
1. Call to
Order
2. Pledge of
Allegiance
3. Roll Call
4. Approval of
Minutes:
April 25, 1988
Motion Carried.'-
5. Residents
There were no residents requests or comments from Requests and
the floor. Comments from
the Floor
Clerk/Administrator Pauley read the items on the pro- 6. Approval of
posed consent agenda, adding several contra;:tors under Consent Agenda.
licenses for approval.
Motion/Second: Hankner/Blanchard to approve the consent
agenda, -as and waive the reading of the
resolutions.
Motion Carried
5 ayes 0 nays
1:0 Mounds View City Councilt,V
Regular Meeting tl
------------------------------------ -- -------------
Mayor Linke closed the regular meeting and opened the
first public hearing at 7:05 PM.
City Planner Herman explained the proposed ordinance
would allow for the introduction of veterinary or
ani,T,l clinics in the City Code. She explained the
ordinance includes a definition and places the use in
B-2 zoning, for a conditional use, and she reviewed
two conditions that would be placed, concerning noise
and smell and the boarding of animals.
City Planner Herman stated she had checked with County
officials to get their input on concerns raised by the
Council previously and reviewed their recommendations
concerning negative ventilation and other control
measures. She stated she feels the ordinance could be
kept as it is and other circumstances could be addressed
on a case by case basis during the conditional use
process.
Mayor Linke closed the public hearing and reopened the
regular meeting at 7:09 PM.
City Planner Herman explained that in December 1987,
the City received proposals from various firms to
have a City survey done, and the decision was made to
go with Decision Resources. She atated they have
completed the survey and compiled the results and
compared them to other surrounding communities, and
find them very favorable for Mounds View.
Dr. William Morris, of Decision Resources, reviewed
the methodology used, and the information learned
from interviewing the residents, and their perceptions
of the quality of life in the City, policy preferences,
City services, and the citizen/City linkages. He
summarized the findings, reporting that they are v
ery
good and the people contacted generally are happy with
the quality of life in Mounds View.
Councilmember Hankner expressed frustration with the
lack of understanding by people on how their tax
dollars are spent. She also explained the intent of
the survey was to help the Council in the budget process
for the coming year.
Mayor Linke closed the regular meeting and opened the
second public hearing at 7:40 PM.
City Planner Herman presented an overhead map, showing
the location of the property in question. She stated
that the proposed two four -unit 'structures on the
property would require subdivision of the property,
which is currently located in a wetland area and she
listed the various approvals which would have to be
granted.
May 9, 1988
Page Two
Public
Hearing:
Ordinance No.
441
8. Presentation
of Results of
City surv(�:
by Dr. WirrLam
Morris,
Decision
Resources Ltd.'
Public Hearing:
Vai-ance Re-
quest Appeal
by Dynan.g �
Designers,,656
and 7660
Woodlawn Drive
Mounds view City Council Regular _,eetina t'i a
, May 91 1988
O
- ! 9
----------- '-_�_ page Five
tithCouncilmember Hankner pointed out this should give
e Council an opportunity to work more closely with
the people from the school district, and something
Positive should come out of it. it
Park and Rec Director Saarion reviewed the proposal
for the placement of the Hillview Park
12. Consideration '
building
foundation. She stated Staff proposes the original
bid of Buzzell Masonry,
cf Staff Memo`_;
Regarding
Inc. be accepted, with the
change of six courses of brick rather than
a
Hillview Park-
seven, and
north entry stoop without stairs, with a wooden
handicapped -accessible
Building
ramp to be built by the
Public Works staff. She stated the
Foundation
proposal
lowering of the
courses of brick by one would reduce the length of
ramp necessary to
the building.
Councilmember Hankner asked when the Park and Rec
Commission would be
addressing the handicapped
access policy.
Park and Rec Director Saarion replied it is on their
agenda for May 26. She
State Code
explained that requires that any public building must
be handicapped
accessible. She added the Park and Rec Commission
discussed the location
of the building thoroughly and
n unanimously agreed to leave it
where it is.
I-)Councilmember
Hankner stated she was concerned with
whether to proceed
at this point, and questioned what
the cost would be to make all the
park buildings
handicapped accessible. She
suggested they first look
into the priorities and where the
spent. money should be
Clerk/Administrator Pauley recommended that due to
State Code, the Council adopt a policy statement
that would go beyond the UBC. He explained the UBC
does not require the City to go back to make all
buildings handicapped accessible, but they must be
brought up to standard when changes are made to them.
He added this is the only warming house in the City
which is not on a permanent foundation.
Councilmember Hankner questioned whether it was more
important policy -wise to put this on a permanent
foundations or make the buildings handicapped accessible.
Clerk/Administrator Pauley stated if the Council's
concern is in making all buildings handicapped accessible,
the only public buildings that are not so currently are the
Hillview, Lambert and Groveland Park, and if Staff does
"the work, it could keep the cost down considerably, at
hopefully less than $500 in material.
Mounds View City Council UNAI".�IQIPI
Iq�� D May 9, 1988.
Regular Meeting f i 4 e <-:7 �, Page Six
---------------------- -------------------------- --------------..-------
Park and Rec Director Saarion stated every one of
the other park buildings has a very gentle slope.
She also stated there is a concern with time, as
t:.e summer programs begin June 20 and she would
like to have this in place by then. She added there
is a problem with wasps and bees under the building,
which would be taken care of.
Councilmember Blanchard stated she sees no problem
in approving this tonight and then getting a policy
in place on the other buildings. She added that
time is a factor to keep in mind.
Councilr er Quick expressed concern with the height
of the foundation, pointing out they had difticulties
at Groveland Park because the wood structure was too
close to the ground. He stated that if there is not
enough money to maximize the parks usability, he
would rather wait a year before doing this. He also
pointed out the proposed wooden ramp would still allow
the wasps under it, and he would rather see a sidewalk
with a gradual slope than a ramp.
Motion/Second: Quick/Hankner to table discussion on
this until the first regular Council meeting after
the May 26 Park and Rec Commission meeting.
3 ayer 2 nays
Motion Cag.)ed
Councilmember Blanchard and Mayor Linke voted against
the motion.
Councilmember Hankner asked that Staff look at the
structural implications of making a change from 7 to
6 blocks, and get information from the Park and Rec
Commission on the handicapped accessibility policy.
Mayor Linke explained the UBC allows a structure to
be within 6" of grade, and the majority of houses in
Mounds View are only one course above grade.
Councilmember Quick asked for cost comparisons of
leaving the building where it is, or moving it, based
on the Park and Rec Commission discussions and
recommendations.
Councilmember Hankner asked that the Park and Re.;
Commission look at the options and prepare a budget
for the work to be done and submit it to the Council.
She also questioned whether the Public Works staff
would have time to build the ramp. 1
Park and Rec Director Saarion stated she had checked
with them, and they had said yes, but no time lines
were given.
Mounds View City Council May 9 1988
Regular Meeting
---�------------------------ YUN j� _`"---------------
�m T T RJ V°
Clerk -Administrator Pauley reported the City's 13. Authorize
onsulti.ng Engineer has recommended the release of the Rplease of
�
development securities provided the City for Continental Development
Development Corporation, be released as the work has been Security to
completed and found to be acceptable. Continental
Development
Motion/Second: Hankner/Quick to approve the release Corporation
o evveeYopment security to Continental Development
Corporation of Irrevocable Letter of Credit 63929 from
Builders Development and Finance.
5 ayes 0 nays Motion Carried
Clerk/Administrator Pauley recommended the Council
14. Consideration
direct Staff to prepare a resolution, listing the
of Variance
specific issues they would like addressed, and then
Request Appeal
consider the resolution at the May 23 meeting.
by Dynamic
Designers,
Motion/Second: Hankner/Wuori to direct Staff to
7656 and 7660
prepare a resolution to deny the variance request
Woodlawn
appeal of Dynamic Designers for 7656 and 7660 Woodlawn
based in part on the lot size, phospherous stripping
capacity, storm water run-off, flood height, and any
further findings that would have an adverse effect
on the wetland.
5 ayes 0 nays Motion Carried
Mayor Links pointed out the Council would not be
denying the developer the use of his land, as there
is another way it could be utilized which would allow
him the use of the property. He stated that could be
accomplished by putting up a smaller building, which
would require less parking. He added the developer
has not shown that this is a unique situation.
Councilmember Hankner stated that if development is
to occur on that site, it would have to meet_ the
criteria established by the ordinance.
Clerk/Administrator Pauley read proposed Resolution 15. Adoption of
No. 2322. Resolution No.
2322
Motion/Second: Hankner/Linke to approve Resolution
No. 2322, with an amendment in the third whereas,
to state "adult-themed", objecting to the programming
of adult-themed movies on North Central Cable Company's
Channel 34 and requesting removal of adult programming
from the cable system.
5 ayes 0 nays Motion Carried
Attorney Meyers had no report. 16. Report of
Attorney
Now . o�g, 1988
n P' ht
age Eig
Mounds View City Council �Y
Regular Meetigg------- going 17.
_ - had finished 4 Councilme7 :rs:
orted she the proposed Councilmember
Hankner rep arding recommendation. Hankner
Councilmember Woodlawn regake a
door to door along ready to m
street light and to place street lights
uick 8071 on the east aide
Motion/Second: Hankner
and the was
between 7984, on would
on Grove an between 7980 and If there
of Woodlawn, and would be damaged• would then be
if no trees the lights Carried
be damage to the trees, Motion C
placed on the east side.
5 ayes 0 nays above motion
There was considerable discussion on the
before the vote was taken.
pointed out the original discussion
ht, and asked why
Councilmember Wuori P it was changed
was for one street
lig
to two. street is very
explained the and after a
Hankner e�roblems there, the homeowners
Councilmembey haVe had it was felt by
dark and good deal of discussion, laced.
two street lights should pe P with
that she has a problem with
different than what was without
Councilmember Blanchard stated light
to two,
it is entirely from one
it since they are going the agenda for action
proposed, as and it was not on
a petition, o out
tonight was willing itoag ou
Hankner stated she resent agenda
et a petition signed and P the last 4
Councilmember
ger she had stated atthe
this at this
again t that tall
care
She pointed ou
session that she would be lan
evening's meeting' that a street light p
Wuori pointed out Motion Failed
Counci to be done.
to table the aoove motion.
Moti_n. Blanchard of a second•
Councilmember
failed The motion d for lack Wuori
Wuori had no report'
Councilmember
Councilmember Quick
had no report*
uick h Councilmember
Co the
Q progress of the Blanchard
reported on the have he buttons
Couember Blanchard dhey hope e have
button
sales. She stated this weekend.
button the public by
available to
...:
Mbunds View City Council U
'.' ' =.' d May 9, 1988
Regular Meeting ��- ��- Page Nine
Mayor Linke reported the Police Civil Service Commission Mayor Linke
n is short one person and after interviewing several
people, he was ready to make a recommendation.
Motion/Second: Linke/Blanchard to place Bob Torborg
on t e Pol:cce Civil Service Commission.
3 ayes 2 nays Motion Carried
Councilmembers Hankner and Quick voted against the
motion.
Councilmember Hankner stated that Mr. Toberg was already
serving on one commission, and there was another
candidate who had applied who was very qualified, with
a background in police work, who would be a great asset
to that commission.
Mayor Linke stated he had taken that into consideration,
but the Charter Commission, which Mr. Toberg is on, is
only required to meet once a year. He added he was
concerned with a possible conflict with the other
candidate and his work background.
Councilmember Hankner states she was concerned about
friends helping friends with appointments.
OCouncilmember Quick stated he shared Councilmember -
Hankner's concerns.
Councilmember Hankner stated that while Mr. Toberg has
been a very good resident and is very dependable, they
need to offer other residents an opportunity to
participat-2.
Mayor Linke reported the Council had received a letter
from the Park and Rec Commission regarding the three
candicates they had interviewed for the vacancy on the
Park and Rec Commission.
Motion/Second: Linke/Quick to appoint Gary Severson
to file vacancy on the Park and Rec Commission.
Motion Carried
5 ayes 0 nays
Mayor Linke reminded everyone of the work to be done
on the Pinewood Playground on May 19-21.
Councilmember Wuori mentioned a raffle would be going
on, door to door, with tickets $1 each.
Mayor Linke reported clean-up day had been very
successful, with a record amount of trash brought in
this year.
w��w
Mounds View City Council May 9, 1988
Regular Meeting Page Ten
----------- ---------------- ----..=� -------------
Mayor Linke reported recycli siAld 'tiegfn MuNne
and would be the third Tuesday of each month. Block
captains are still needed, who would put up signs
reminding others in their neighborhood each month. He
stated anyone interested could contact City Planner
Hellman.
Mayor Linke noted the Council chambers were painted
and carpeted recently.
Clerk/Administrator Pauley asked the Council to have 18. Report of
the first reading of Ordinance No. 441, which was Administrator,'
left iff the agenda, in conjunction with the public
hearing held earlier in the evening, and he read
the propo^id resolution.
Motion/Second: Hankner/Blanchard to have the first
rea i�Ordinance No. 441,amending the Municipal
Code of Mounds View by amending Chapter 401 entitled
"Zoning".
5 ayes 0 nays Motion Carried:
Mayor Linke adjourned the meeting at 9:16 PM. 14. Adjournment =`
Respectfully submitted,
Donald F. Pauley
Clerk/Administrator
M
MEHO TO: tlayor and City Council
FROM: City Planner Herman
DATE: May 12, 1988
SUBJECT: SUPERCYCLE RECYCLING CONTRACT
j
contract with -
Attached please find a draft copy of the recycling_ii
Supercycle.
If you have any questions, please let me know.
KH/bac
CONTRACT
AGREEMENT BETWEEN
CITY OF MOUNDS VIEW AND SUPERCYCLE, INC.
FOR RECYCLING SERVICES
This Agreement is made this day of ,
1988 between the City of Mounds View (hereinafter City and
Supercycle, Inc. (hereinafter contractor).
WITNESSETH:
WHEREAS, the City supports curbside recycling and desires
that it be available to its residents, and
WHEREAS, the Ci#-y supports curbside recycling as part of an
overall landfill abatement program, and
WHEREAS, Ramsey County has funding available for curbside
recycling, and
WHEREAS, the Contractor has submitted a proposal for
curbside recycling to the City,
NOW, THEREFORE, the City and Contractor mutually agree as
follows in consideration of the mutual promisee and
covenants contained herein:
® 1. DEFINITIONS
A. "Service Area" means the area of the City included
with'n the following boundaries: (see attached map).
Northern Boundaries:
Eastern Boundaries:
Southern Boundaries:
Western Boundaries:
P'cte: All boundaries, unless otherwise noted, fall on
the center of City streets such that they include
residents on the one-half of the named street.
-1-
B. "Recyclable Materials" means newsprint, cardboard,
glass, mixed aluminum and bimetal beverage containers,
other aluminum, tin food cans and other materials as
mutually agreed upon by the City and the Contractor.
C. "Recycling Collection" means the taking up of all
recyclable materials accumulated at residential
properties (including multi -unit dwellings, apartments
up to 17 units, and mobile homes) and the transporting
of the recyclable materials to a specified processing
site or market.
2. PAYMENT
A. The city will compensate the Contractor for the
collection of recyclable materials from residential
units as described in Section 3.
B. The City shall reimburse the Contractor, on a monthly
basis, $1,642 per month.
C. The Contractor must invoice the City monthly and
indicate tonnages of each material recycled from the
area for the billing period. Truck scale receipts from
the Ramsey County Recycling Center (for glass and
metals) and market receipts (for newsprint and
cardboard) must be attached to the invoice.
r
D. The Citywill provide the Contractor with maps of the
City noting areas for recycling collection and areas
where recycling collection is not desired and/or
necessary.
OBLIGATIONS - CONTRACTORS
A. Service The Contractor shall provide once -a -month
collection services for all recyclable materials. The
color -sorted glass and the metals must be delivered to
the Ramsey County Recycling Center (the Recycling
Center), 775 Rice Street, St. Paul, Minnesota according
to the delivery specifications shown in Attachment A.
B. Contractor's Operation The Contractor shall establish
and maintain in a location approved by the City, an
office with continuous supervision for accepting
complaints and customer calls. The office shall be in
service with continuous supervision during the hours of
7:00 a.m. until 7:00 p.m. on all days of collection as
specified in this Agreement. The address and telephone
numbers of such office and 10 days prior notice of
changes therein shall be given to the City in writing.
The address of this office as of the execution of the
contract is 775 Rice Street, St. Paul, Minnesota,)
55117. The telephone number is 224-5081.
-2-
C. Collection
+' Cl. The Contractor shall collect all recyclable materials on
the following day: The entire City on the 3rd Tuesday
of each month.
C2. Complaints on service will be taken and collected by the
City and the Contractor. The City will notify the
Contractor of all complaints it receives. The
Contractor is responsible for all corrective actions.
All complaints shall be answered by the Contractor
courteously and promptly.
C3. Whenever the City or a resident notifies the Contractor
of locations which have not received scheduled service,
the Contractor is required to service such locations by
7:00 p.m. the following day. Penalty for not servicing
shall be $2.00 per household.
C4. Recyclable materials shall be prepared as follows:
Newsprint and non -glossy paper: placed in paper bags or
cardboard boxes, tied in bundles, or other reuseable
containers.
Glasst lids removed, rinsed, and placed in paper bags
or cardboard boxes or other reuseable containers.
Metals: rinsed and placed in paper bags or cardboard
boxes or other reuseable containers.
Cardboard: flattened and placed in paper bags or tied
in bundles no larger than three feet in length, width or
depth.
C5. Containers in which recyclable materials have been
stored shall be placed on the curbside in front of the
residents' property by 7:00 a.m. on the scheduled day of
collection.
C6. All recyclable materials placed for collection shall 6e
owned by and be the responsibility of the occupants of
residential properties until they are handled by the
Contractor. Upon collection of the containers and
recyclable materials by the Contractor, the recyclable
materials become the property and responsibility of the
Contractor.
C7. Recyclable materials deemed unacceptable by the
Contractor according to the preparaton procedures in
subsection C4 shall be collected on the first occurrence
by the Contractor. Each time materials are incorrectly
prepared the Contractor shall leave at the residence
written notice forms, which are provided by the City,
which explain why materials were not collected. The
address and the reason why materials were not collected
shall be reported to the City the following day so that
-3-
the City can notify the resident of the proper �^
procedure. Subsequent instances of unacceptable
recyclable materials may be rejected; however, this
shall be reported to the Cily.
C8. The Conl'.actor shall not landfill, incinerate or make
fuel pellets out of the recyclable materials.
C9. The Contractor's employees shall leave for the
residents' reuse any containers marked SAVE. These
containers, once emptied, shall be returned to the
curbside. Any spills will be cleaned up immediately.
D. Vehicles
D1. The Contractor's vehicles shall be marked with the name
of the Contractor.
D2. The Contractor shall maintain all trucks and equipment
in good working condition. The Contractor's trucks
shall be clean and aesthetically pleasing.
4. TERM
The term of this agreement shal' be from June 1, 1988 to
December 31, 1988. C.
5. CANCELLATION
Either party may cancel this agreement at any time upon
thirty (30) days written notice to the other party. In
such event of termination, the Contractor shall be
entitled to reimbursement for those expenses incurred up
to the termination date provided the expenses have been
incurred by providing the services in Section 3.
6. DEFAULT
Any of the following shall constitute default on the
part of the Contractor:
A. The failure of the Contractor to provide service in
a manner consistent with Section 3.
B. The failure of the Contractor to deliver glass and
metals to the Recycling Center according to the
specifications shown in Attachment A.
C. Falsifying any records or information required under
this agreement and/or failure to supply the
information required in subsection 2C above.
rJ
-4-
0�,
0
7. GENERAL CONDITIONS
A. All services and duties performed by the Contractor
Pursuant to this agreement shall be performed to the
satisfaction of the City and in accordance with all
applicable federal, state, and local laws,
ordinances, rules and regulations as a condition of
payment. Contractor a
Statutes grees to comply with Minnesota
181.59, relating to nondiscrimination.
S. The Contractor shall post a bond of not less than
$5076 (approximately three months payments) to be
made available to the City in the event of the
Contractor's inability to execute the Contractor's
Obligations set forth by this Contract.
C. The Contractor must obtain the following inst•rance
coverages with these minimum levels of coverage:
Worhmens'
Compensation Insurance:
Contractor's Liability
Insurance
Property Damage
Automotive Insurance:
a. Public Liability
b. Property Damage
Statutory:
$ 500000.00 ea person
$1,000,000.00 ea occurence
$ 500,000.00 ea person
$1,000,000.00 ea occurence
$ 500,000.00 ea person
$1,000,000.00 ea occurence
$ 200,000.00 ea occurence
A certificate of insurance shall be provided to the
City.
D. The Contractor shall at all times be an independent
Contractor and shall not be the employee of the
City for any purpose. The City shall not be
responsible for the payment of any taxes, either
federal or state on behalf of the Contractor nor
shall the City be responsible for any fringe
benefits. No Civil Service or other rights of
employment will be acquired by virtue of
Contractor's services.
E. The Contractor agrees to defend, hold harmless and
pay on behalf of the City and its officials, agents
and employees from any and all liability, loss or
damage they may suffer as a result of demand,
claims, judgments or costs, arising out of or
related to the Contractor's negligent actions ur
failure to act in performance of this agreement.
F. All data collected, created, received, maintained
or disseminated for any purpose in the course of
this Agreement is governed by the Minnesota
-5-
Governmental Data Practices Act, Minnesota Statutes
Chapter 13 (1984), or any other applicable state
statute, any state rules adopted to implement the
act, as well as federal regulations on data
privacy. The City agrees to abide by these
statutes, rules and regulations.
G. All Wrxs, records, documents and accounting
procedures and practices of the Contractor relative
to this agreement are subject to examination by the
City, the County and the State Auditor, as
appropriate, in accordance with the provisions of
Minnesota Statute 16B.06, Subd. 4 (1984).
H. Any amendments to this agreement shall be valid only
when reduced to writing and duly signed by the
parties.
IN WITNESS WHEREOF, the parties have subscribed their names
as of the date first written.
CONTRACTOR CITY OF
By BY
President
Mayor
BY
Clerk -Administrator
Approved to Form:
BY
City Attorney
-6-
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MOUNDS VIEW CITY BOUNDARIES
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MEMO TO: Mayor and City Council
1 FROM: City Planner Herman
DATE: May 1, 1988 'I
SUBJECT: KEVIN BARCUS, 2554 HIGH11AY 10
CONDITIONAL USE PERMIT FOR A VETERINARY CLINIC
PLANNING CASE NO. 238-88
fir. Barcus and his partner have requested clinic within hounds Viewto site a veterinary
. The first reading of Ordinance No.
took
441 pace May 9 which will allow clinics use in a B-2 zone. as a conditional
In checking with the City Attorney, he has stated that the two
processes; ordinance approval and conditional usa permit approval
can be done simultaneously. A condition of the permit states
effect which
tharwouldoval 1becthirtyedaysnt pfromon mrpublication aftert oho into
o
second reading.
The Planning Commission has recommended approval in Resolution
No. 222-88. The Council resolution, aside from the Planning
COm:iSsion recommended conditions, addresses the Courcil's
concerns on ventilation.
STAFF RECOJIMENDATION: Staff recommends approval with the Stated
conditions.
Y
KH/bac _..
0
RESOLUTION NO. 2328
CITY OF 11OUNDS VIEW
COUNTY 0- RAt1SEY
STATE OF HINNESOTA
RESOLUTION
VETERINARY OANIMAL CLINIC IFORLKEVINUSE PERMIT FOP. A
BAR(,JS
54 HIGHWAY 10, BOUNDS VIEW, MINNESOTA
25
al use
i1HEREAS, Or. Kevin Barcus has requested al0oin1the nSilver
permit for the property located at 2554 Highway
View Plaza Shopping Center for a veterinary/animal clinic; and
WHEREAS, Chapter 40.17, Subdivision D (4) provides for an
a B-2 zone
and
animal clinic as a conditional use in Council have
WHEREAS, the Planning Commission and City
reviewed the proposal and found it in keeping with the intent of
the Code.
NOW, THEREFORE, BE IT RESOLVED that the City ermitiforfa
the City of Hounds View approves a conditional use p
ent upon the following:
veterinary/animal clinic contingent
d to the
a. Noise and odor are effectively confine
premises in accordance with Ordinance No. 901
Public Nuisances.
b. That boarding of animals is not provided for an
extended peric.d of -•_e.
c. A mechanical ventilation or exhaust system shall be
installed to control, capture and remstemsmshallnbe r
odors generated by such use. Such sy stems in the
separate from the rshallventilation
designed to prevent
building. such systemarts of
Tnemissitior must comply with the
the migration of emissions or odors to other p
the building. Code Mechanical Systems,
11innesota State Building
Chapter 1345. Health Codes
d. That the clinic meets all Ramsey County
for a use of that type. Ding into
e. Approval contingent upon ordinance No. 441 g
effect.
Adopted this 23rd day of Flay, 1988.
ATTEST: Mayor
(SEAL)
C er:t-Administrator
MOUNDS VIEW PLANNING COMIIISSION
RESOLUTION NO. 222-88
CITY OF HOUNDS VIEW
COUNTY OF RAJSEY
STATE OF MINNESOTA
RESOLUTION RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT
FOR A VETERINARY ANIMAL CLINIC FOR KEVIN BARCUS, 2554 HIGHWAY 10,
MOUNDS VIEW, HIHNESOTA
WHEREAS, Dr. Kevin Barcus has requested a conditional use
permit for the property located at 2554 Highway 10 in the Silver
View Plaza Shopping Center for a vete:_.,ary/animal clinic; and
WHEREAS, Chapter 40.17, Subdivision D (4) provides for an
animal clinic as a conditional use in a B-2 zone; and
WHEREAS, the Planning Commission and City Council have
reviewed the proposal and found it in keeping with the intent of
the Code.
NOW, THEREFORE, BE IT RESOLVED that the !founds View
Planning Commission recommends approval of a conditional use
permit for a veterinary/animal clinic contingent upon the
following:
a. Noise and odor are effectively confined to the
premises in accordance with Ordinance No. 90,
Public Nuisances.
b. That boarding of animals is not provided for an
extended period of time.
c. That the clinic meets all Ramsey County Health Codes
for a use of that type.
BE IT FURTHER RESOLVED that the Bounds View Planning
Commission directs staff to forward this resolution to the City
Council prior to approval of the minutes.
Adopted this 20th day of April, 1988.
ATTEST:
(SEAL)
Chairman
City Planner
C
4
MEMO TO: Clerk --Administrator and City Council
FROM: City Planner Herman
DATE: May 12, 1988
SUBJECT: ORDINANCE NO. 441 REGARDING VETERINARY OR ANIMAL CLINIC
Attached please find a copy of Ordinance No. 441 which was
amended to reflect the Council-s concerns regarding proper
ventilation in the kennel areas of a veterinary or animal
(40.17, Subd. D(4)(c)), clinic
I spoke with Attorney Pieyers and he stated that, because the
ordinance is not controversial and the change is not substantive,
the second reading may take place.
KH/bac
ORDINANCE NO. 441
ltirl CITY OF HOUNDS VIEW
COUNTY OF RAMSEY
STATE OF t1INNESOTA
AMENDING THE MUNICIPAL CODE OF HOUNDS VIEW BY AMENDING
CHAPTER 40 ENTITLED, "ZONING"
The Council of the City of Mounds View does hereby
ordain:
SECTION I. 40.02, Subdivision B, shall be amended ;jy
adding the following:
110.0, Veterina Ky
or Animal Clinic. A structure
intended for providing me ica examinations and treatment to
animals. Services would be limited to small animals and
would not include boarding of animals.
SECTION II. 40.17, Subdivision D, shall be amended by
adding the following:
(4) Veterinary and Animal Clinics provided that:
a. Noise and odor are effectively confined to
Ic the premises in accordance with Ordinance No.
90, Public Nuisance.
b. The boarding of animals is not provided for
beyond hospitalization for surgery, illness,
or injury.
c. A mechanical ventilation or exhaust system
shall be installed to control, capture and
remove emissions or odors generated by such
use. Such systems shall be separate from the
other ventilation systems in the building.
Such system shall be designed to prevent the
migration of emissions or odors to other parts
of the building. Installation must comply
with the Minnesota State Building Code
Mechanical Systems, Chapter 1345.
SECTION III. This ordin.:nce shall take effect thirty
(30) days after the date of its publication.
Read by the Council of the City of Hounds View on this
day of , 1988.
C
ORDINANCE NO. 441
PAGE TWO
Passed by the Council of the City of Hounds View thins
day of 1988.
ATTEST:
Hayor
(SEAL)
Clerk-Administrat__
APPROVED AS TO FORM:
City Attorney
En
MEMO TO: MAYOR AND CITY COUNCIL
FROM: FINANCE DIRECTOR -TREASURER
DATE: MAY 10, 1988
SUBJECT: MAINTENANCE AGREEMENT FOR PHILIPS WORD
PROCESSING SYSTEMS (SINGLE DRIVE AND DUAL
DRIVE)
The mainte..;rce agreement the City has with Benchmark
Computar Systems is costing the Cit; 12=;032 for a one year
period. This dollar figure is to include 2 service calls
for preventative maintenance per year per machine and the
ability of the company to trouble shoot and also make
supplies available to us.
During the past year we have not been contacted once for
preventative maintenance on these two machines. Also, it
has come to my attention that Benchmark is not an authorized
Philips dealer and it has been difficult for them to secure
parts for this equipment. In discussing this with Michele
Severson I was informed that even ribbons, etc. had not been
ordered through Benchmark as their turnaround time was
approximately 2 weeks.
The maintenance agreement for this equipment will expire on
the 22 of July, 1988.
On or about April 15 Mr. Shane White from Twin City Business
Computers, Inc., a Phillips authorized dealer, contacted me
to show me their new product line and to inform me that he
could offer us a maintenance agreement for this equipment
and do the following for the City:
a. Preventative Maintenance
b. Remedial Maintenance on an unscheduled,
on -call basis.
c. Provide parts and supplies for these
machines.
d. Refresher and advanced training for
existing operators.
The cost to the City of Mounds View would be $2,014.00.
RECOMMENDATION:
Staff recommends Council authorization to cancel the
contract with Benchmark Computer Systems and enter into a
maintenance agreement with Twin City Business Computers, Inc.
for a Cost of 52,014.00.
DB/mjs
a
H
A NE110 TO, Mayor and City Council
t 7 FROM City Planner Herman
DATE: May 11, 198E
SUBJECT: ROBERT PETERSON, 2185 LAMBERT AVENUE
MINOR SUBDIVISION REQUEST
PLANNING CASE NO. 237-88
Mr. Peterson has requested a subdivision of his back 149.5 feet
from his lot while the new lot conforms to Code, the remaining
lot is non -conforming. This is because the lot is a corner lot
and only has a width of 84 feet. I believe his lot was platted
before t),e existing 100 foot requirement was in effect.
Subdividing this lot does not enlarge upon the non -conformity.
RH/bac
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218E Lambert Avenue
Robert Petersen
Planning Case No. 237-88
d ,
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RESOLUTION NO. 2325
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPROVING MINOR SUBDIVISION REQUEST
BY ROBERT PETERSEN, 2185 LAMBERT AVENUE,
MOUNDS VIEW PLANNING CASE NO. 237-88
WHEREAS, Mr. Robert Peterson, 2185 Lambert Avenue, has
requested approval of a minor subdivision dividing the northern
149.5 feet of his lot; and
WHEREAS, the Planning Commission has reviewed the
applicant's request for a minor subdivision and determines that
it is in conformance with Chapters 40 and 42 of the City Code;
and
VHEREAS, the existing corner lot was grandfathered in as
it is nonconforming and the subdivision does not affect this
issue.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Mounds View approves the minor subdivision request by
Mr. Petersen, 2185 Lambert Avenue, legally known as Lambert's
Addition, east 84 feet of Lot 20, Block 1, contingent upon
providing the City with appropriate title abstracts and recording
of those abstracts with Ramsey County.
ATTEST:
(SEAL)
Adopted this 23rd day of May, 1988.
Mayor
Clerk -Administrator
In
W
DRAFT
RESOLUTION NO. 2327
CITY OF t10UNDS VIE17
COUNTY OF RAMSEY
STATE Or MINNESOTA
RESOLUTION DENYING VARIANCE APPEAL FOR DYNAtt'C DESIGNERS,
7656/7660 WOODLAWN DRIVE, HOUNDS VIEW PLANNING CASE NO. 138-83
WHEREAS, Dynamic Designers have requested an appeal from a
variance denial to build two fourplexes at the properties
commonly known as 7656/7660 Woodlawn Drive; and
WHEREAS, there is a discrepancy between the lot size
scaled off on the site plan dated January 12, 1988, and that of
the Ramsey County records; and
WHEREAS, the ex?.sting proposal would require the following
approvals:
1) Waive the minimum lot size for subdivision in a
wetland zoning district.
2) Waive the minimum lot width as measured at the
building setback line for subdividing within a wetland
zoning district.
3) Waive the requirements that all structures shall be
set back at least 100 feet from a designated wetland.
4) The existing proposal needs a conditional use permit
for filling within a flood plain.
5) The existing proposal requires a wetland alteration
permit to change the wetland boundaries.
WHEREAS, Staff, City Consultants, Planning Commission and
City Council have extensively reviewed the proposed development;
and
WHEREAS, the City Council does not find any extraordinary
circumstances as presented which apply to ;he property which do
not apply to other properties in a wetland zoning district and,
therefore, cannot grant a variance from the minimum lot size
within a wetlar:d; and
WHEREAS, the City Council does not find any ext.aordinary
circumstances as presented which apply to the property which do
not apply to other properties in a wetland zoning district and,
therefore, cannot grant a variance from the minimum lot width as
measured at the building setback line for subdividing within a
wetland; and
RESOLUTION NO. 2327
PAGE TWO
circumstances the City Council does not find any extraordinary 1 '
do
not apply to other properties esented i
propertiesin apwetland tzoningpdistrictcand,
therefore, cannot grant a variance from building foot setback from a designated wetland; and within the 100
EREAS, the
has been
lHcalculated fora DynamictDe.signersionment otofbel29g the wetland
allowable filling for Wetland Nos. 1-9; and Percent of the
WHEREAS, the proposed filling for the development would
reduce the excess phosphorus stripping capacity of the wetland by
38 percent; and
WHEREAS, the City's Consultant has determined that an
increase of run-off volume will be at least 30 percent; and
tl
run-off rates 8from ethe tdeveloped lsite willtant hasddoublenfromhtheetermied tatpreak
ate
of run-off from the undeveloped site; and
WHEREAS,the
the
filling for the City's Consultant has determined that the
proposed development will increase the wetland
flood height by 15 feet.
the City of Hounds View denies
NOW, THEREFORE, BE IT RESOLVED that the City Council of
Designers for their development the variance appeal by Dynamicproposal.
ATTEST:
(SEAL)
Adopted this 23rd day of flay, 1988.
Hayor
Clerk -Administrator
u
MEMO TO: Don Pauley, Clerk -Administrator
FROM: Ric Ninetor, Director of Public {forks
DATE: Nay 11, 1988
SUBJECT: PAVEMENT IIANAGEMENT STUDY
I have reviewed the 1984 I ha Johnson and the Street Ilaintenance
Short-Elliott-Hendricksonowhachahasent Management Prepared by
previously written been cancelled Study by
by Short -Elliott- software which is comparable I have
for Pavement Manage ent. soa; and I propose the to that
Bement. followingprogram
The pavement Rana Program
rating of hounds Viewnstreets;wand ill require field review and
for the analysis of the data. Computer hardware and
temporary employee (possibl I Propose that the Cityhire
Minnesota) to Provide y an intern from the hire a
would also inventor the rating services, University of
street satin y tFe signs in the This individual
approximatelg. I estimate the cost fority after finishing the
Y $3,500, the intern to be
a The computer hardware required for
microcomputer, a printer, this
decision Project includes to recommend ' and necessary computer furniture 80386
discussion with vendoran36ased machine was made after The
capabilities. I felt that the regarding processing
which will be Potential g speed and
processor. °rzated necessitated the size of the data bases
be approximatelm estimating that the coste f of the 80386
Y $6,000. of this equipment will
Some commercial software will also be necessary,
have written works with dBase III+ to
use Word Star Release data The software T
screens and 4.0 as the Provide data management. I
programs whichpwillgenerators, program editor to customize
he hel n certain
are also some utility
total software cost t° be Pful in certain areas.
approximately $1,000. 1 estimate the
The above costs total
the same stud $10,500, This will
the same y and report that Short-Elliott-Hendricksonide the was
g at " cost of $16,000. Y with
necessary to provide other databases also have sanitary sewers the future the tools
. water mains, and storm including
I would sewers,
be happy to discuss this at the May 16th meeting,
Wbac
cc: Mayor and City Council
11EM0 TO: Don Pauley, Clerk-Adninistrator
FROM: Ric Ilinetor, Director of Public Works
DATE: May 11, 1988V
SUBJECT: SILVER LAKE ROAD - SANITARY SEWER
(VICINITY OF WOODALE DRIVE AND WOODCREST DRIVE)
I have reviewed the video tapes of this section of sanitary sewer
and discussed the settlement problems with Dan Boxrud of
Short -Elliott -Hendrickson. The existing line appears to be
structurally sound; however, the settlement of the line has
created a reverse flow condition in one section of the line.
This condition could become considerably worse if the county
proceeds with their plans for an overlay. Dan and I will present
infornation regarding this: problem and possible courses of action
at the May 16th meeting. r
R11/bac
cc: Mayor and City Council
.1
MEMO TO: Don Pauley, Clerk -Administrator
FROt•1: Ric Ifinetor, Director of Public 67orks
DATE: stay 11, 1988
SUBJECT: TREATMENT PLANT #1 IRON AND MANGANESE R.?hr-
osed evaluation of iron and manganese
I have discussed the pro P
HendricksonTreHemhas beentinlwith contactawithXSERCO Laboratories
tt-
regarding this evaluation. Dan and I will present information ;
regarding this proposal at the flay 16th meeting.
RM/bac
cc: Mayor and City Council
r
t
a
MEMO TO: MAYOR AND CITY COUNCIL
FROM:
CLERK -ADMINISTRATOR
MAY 10, 1988
DATE:
SU2JECT: LAND USE PUBLIC HEARINGS
lease find a copy of an article
League of Minnesota Cities magazine
Attached to this memorandum P land use public hearings
from the May 1988 Leag decision on
guidelines for conducting Court
regarding 9
resulting from a recent Minnesota Suotone
a case involving the City of Blooming
City Planner Herman and I
with City Attorney Meyers the need for
As a result of this decision, y or guidelines
will be discussing
set of procedures and/ use in
developing
Commission and City council to
for the Planning s on land use matte's -
conducting
might
conducting public hearing this article,
irrespective of the results of that
tcontentsiofl
wish to take special notice specific
issues.
particularly as
it relates to the following P
1, The hearing must be
have an opportunity
and to provide any
they deem
fair. All parties should
to present their views fully
informational materials or
appropriate.
exhibit Possible.
2. The record should be as complete as
3, It must be clear that the decision of the the
City is
resented at the hearing -
information reasonable one and that it was basco�ission
information witcouncilpand Planning
statements or.
In that light, hearing which
members should ratror°outsideathe g their
comments either a ey have already made up made.
suggest that the formal decision being
minds prior to ,s final decision should be
Also, the Council
to
based upon facl11 the residentsorso?n y
upon the oppositionAlthough the concerns of residents
neighborhood- it cannot be the sole
are a consideration, be validated by
grounds for a decision butmust
oexpert
the testimony of knowledgeable
indiviCuals. City Council
into a period where the Public
As we are entering some extremely sensitive p 9 lg88 on
could be
conducting one that you held on May
hearings, including the efully avoid our
Dynamic Designers, I felt that the information containe in
would be helpful to you and hop give
this article during the hearings which might
thing possible legal challenges to our
doing anything
any P
legitimacy
decisions.
DFP/mis
l'
r. n•a-y..'.t,,s:...,: c..•...�.....n.,, i.::: ram-.•
' r•i-1M1'w::.'.?.'.uat±.?-'rT'/l: ♦wr rs
DidPeter Tritz
How should the city conduct hearings on
subdivision, and
other lard use matters?
In the recent case of S^-enson v. tunity for all relevant information t
City of Bloomington, March -:i, 1988, come out.
the Minnesota Supreme Court gave Cities should also be cautious about
clues quite a bit of guidance as to how imposing any time limits on testimony,
to conduct a zoning or subdivision and especially on testimony from a
hearing. For a more complete summary permit applicant or witnesses heishe
of this case, see the Court decisions wants to present. The city should limit
column this month. testimony, only if it is dear that the
Regardless of how good a city's testimony would be irrelevant or repet-
hearing process is, the city's decision itive.
is still open challenge, and may come The Court several times has com-
under the district court review. If the pared city hearing procedures with the
city has followed the guidelines the procedures spelled out in the state
Supreme Court has now given, the administrative procedures art (APA).
district court review will be a much It is not absolutely necessary for a city
quicker, easier, and cheaper process to follow the APA procedures in pre -
for the city. If the city's hearing pro- cise detzil. Nor does the city have to
cess meets the Court's criteria, the use a hearing examiner; in the Swanson
district court should normally look only case, the Bloomington council did not
at the existing written record of the use a hearing examiner but instead
city's hearing and decision; the district conducted the hearing itself. But, it is
court will not conduct a fug trial with clear that the Court considers the APA
both sides presenting witnesses, offer- procedures to be a good example of a
ing testimony, and so on. fair hearing prccess, and it would be a
There are really three elements the good idea for cities to model their own
ftu
city needs to be aware of ir. conducting procedures athose of the adminis-
its hearing: First, the hearing must be trative procedures act. t
fair. Second, there must be a clear and Using a hearing examiner might be h
complete record of the entire process. appropriate in some circumstances. o
Thud, it must be dear that the city's Proceedings for revoking a permit or
decision was based on reasc. -ble con-
clusions which carve from the evidence
people presented at the hearing. We'll
try to flesh out these three elements a
bit more.
Faimess
Much of what a court will look for in
determining whether a hearing was fair
is just a matter of common sense. All
parties should have an opportunity
Present their views fully and to provide
any information, materials, or exhibits
they deem appropriate. They should
have an Opportunity to question other
witnesses, to respond to their testi.
mony and to answer questions from
others. To the extent possible, cities
should bend over backward to give the
parties every opportunity to prepare
and present whatever they want, and
to make sure that there is every oppor-
zoning,
n variance might be one such circum.
stance. In revocation proceedings,
using a hearing examiner might help
avoid the problem of the court acting
as both "prosecutor" and "judge." In
any case, using a hearing examiner
would seem to be one good way to
help make sure that the hearing pro-
cess is far and open.
The Supreme Court decided the
Swanson case unanimously. However,
two justices joined in special concur.
ring Opinion in which they suggested
that procedures more bike the formal
rules of evidence that the courts use
might be appropriate. Clearly the
Cow's r_al concern, though, is the
basic issue of fairness and openness,
rather than precise adherence to a
specified set of procedures and rules.
However, formal hearing rules hike the
APA procedures or the courts' rules of
evidence are set up specifically for the
purpose of assuring a fair hearing, If a
city has followed those rules (or Line.
thing very similar), it will go a long way
oward convincing the courts that the
earing process was in fact fair and
pen.
PANNELL HERR FORSTER
WOFcLDWIDE
CERTWIED PUBLIC ACCOUNTANTS
• FMANCULAUXTS
• COMPLiANCEADDrrs
• MUNCIAL CONSULTUM
• MANAGENEhT ADVISORY SERVICES
612-545-0421
Serving Cities for over 30 Years"
May 1988
31
The record
It is absolutely crucial that the court
have available a verbatim transcript of
the entire hearing. Obviously, unless a
clear and complete record is available,
the court will not be able to make a
review based solely on the record. This
doesn't necessarily mean that cities will
need to have a court reporter present
at every hearing. It does mean,
though, that 9 ynu don't use t cote[
reporter, it will be absolutely necessary
to tape record the hearing. Cities
should take every precaution to make
sure that the recording quality is good,
and that the microphones wll pick up
everyone who testifies —even it the
person offering testimony has a very
soft voice.
Another good possibility is to video.
tape the hearing. A number of cities
are already set up for cXe broadcast
of thew council meetings and proceed-
ings. Ever 9 the hearing itself is not to
be broadcast over the cable system,
the city could easily use the cameras
and equipment already in plar, *.o tape
the proceeding.
The mayor, chairman, hearing exam*
iner, or whoever is conducting the
hearing should also make sure that all
people testifying clearly identifies
themselves each time they begin
speaking. ![witnesses offer any kind of
opinion or judgement, it will also be a
good idea to ask them to describe their
background, and to explain why they
feel they are qualified to make that sort
of judgment.
Every document, photograph, graph,
exhibit, or display that anyone presents
should also become part of the p r a-
nent record of the proceeding. Each
such item should be dearly labeled.
It is also possible, especially when a
decision is likely to be controversial,
that applicants or other citizens will
contact members of the council or
pUntting tortunission outside of the for-
mat hearing to present additional argu-
ments er informal on. If a member is
contacted individually, he/she should
makes notes of the substance of the
communication and make those notes
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also part of the formal record. If he/
she receives letters or petitions on the
issue, those documents themselves can
be part of the focal record. If there is
a court challenge of the decision, this
will help assure that the record before
the court contains all of the information
the city received.
Of course, in deciding whether or
not to use a hearng examiner (or
whether or not W tape record the
proceedings) the city will want to weigh
the expense and effort involved against
the factors like how controversial is the
decision likely to be, how extensive
and complicated are the facts involved,
how likely is a court challenge of L.e
city's decision, how much of a problem
would it be it the courts reversed the
city's decision, and so on.
The decision
The third crucial element that the
Court emphasized is the decision that
the city makes. It is not enough just to
have a dear record of a fait hearing. It
must also be dear that the city's
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1-1
11
r
not
it was b scdaOn reasonable
ve
te
for because v.il! Create traffic problems"
informationd wit- denying the However,
permit. the hbe.
nesses presented at the hearing, cn' %0's written findings demonstrated In summary, the Court's real con-
Tthe his means that after hearing all of to the court that their derision
should relevantwas tern is that applicants for land use
formalfindingsof councilon the concerns sort receive a fair
fact as
for which thereed
adequate factual hearings If he ci
based on that testimony. The conca's basis in the record, and not on the cant a fair hearing 2
decision —issuing a 1 an tve by its
proes
permit, granting a neighborhood oppositic,. it was
varianand
ce, approving a subdivision, Council or planning commission 3) can shrecords ow that its decisionewsased
rezoning property, or whatever
—then
becomes a matter of applying the
members should also refrain from mak- on reasonable conclusion drawn from
ing statements or comments either
standards in the relevant ordinances
and statutes to the facts.
at the information presented at that hear.
or outside the hearing which suggest ing, the courts will be satisfied. How.
In the Swanson case, for example,
the council made a formal finding
that they have already made up their ever, if the rec:. j before the court
minds. If one or more of the members doesn't show that the applicant
that
the requested subdivision would
pull state a position before the received a fair hearing from the city,
hearing process is complete, that
damlatel
cause substantial environmental dam-
age. The testimony from the c tyfor-
might the court itself will give the applicant
suggest to he court that the hearing the opporttadty to be heard.
ester, the city planner, and a wildlife
biologist supported that finding. The
process might have been a sham and Not only will following these proce-
that for practical purposes the mem- dures make it quicker and cheaper to
witnesses outlined the type of environ-
bers had already Lade a decision. On defend the city's position it there is a
the other hand, there should be
mental damage that each believed
would result from the subdivision.
no court challenge; it will also put the city
problem with a member stating that in a much stronger position to defend
he/she is concerned about certain its
Under the city's ordinance, the h'kell-
hard of environmental damage was
decision successfully. W regard -
issues, so long as it's dear that his/her less of how the courts view it, if the
one
of the grounds upon which the council
mind is still open. For example, saying city takes these steps to make sure
before t':e hearing "I'm concerned
could deny a permit. The record also
revealed substantial neighborhood
that that everyone's views are heard and
the development might create traffic that the city has all of the relevant
opposition. That opposition alo:me would
problems" shouldn't be a problem; information, the result can only be
saying "1'm against the development better decision
-making. ■
"We saved around $10,000 a year when
we went in-house with Alpha -BARS instead
Of using the serice bureau."
"Our working haeldog in the
various city departments has basically been
elinwtatetl, along with the report
bottlenecks, since we began using the
complete Alpha -BARS systems."
PARR$,
InfryronJ SaQ¢nrc for ,WmfnLlrolws
Ralph Taehne,
Finance Directo,,
oily of prfvr fakq Afiv
Kcrl) IT with increasing worklonds and decreasing
uprrding bndgrr+ 11.... 1hr pmwr „r A11.1,01AItti
inleg sled accounting sofovale for Imp) garmmens Used by
outs, tmvru, Villages, and coundcs since 1979. Esrn dic
Minnesota League of Clues has telied on Alpha -BARS for
yeas Find out why.
711e wflamr nau on AMP Unix ,llinimmpwea 1Bd1aS1uem/36
,%14runpak; nml 78.Ils Pmoml Campwm end mmpmibla
Calf our Maneapolls olGce toufine for mom ulfonumdon.
1-800-342-2345 est. 261
]Ma.. ❑_C_,4r-5.n• Ias. ,, p.1. AY].1113
1201 cn.J.ul sun. 17 O�IG.q fRsslol
BF-9 Sky
• Data Systems
May 1988
=r�
33