08/27/2007 Council Minutes (2) - Laserfiche WebLink

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COUNCIL MINUTES August 27, 2007 APPROVED a35 Council Member Carlson moved to approve second reading and passage of Ordinance No. 09-07, 136 as presented. Council Member Stoltz seconded the motion. 137 138 A roll call vote was taken: five yeas and zero nays. Motion carried. 139 140 2" Reading of Ordinance No. 10-07, Adopting the 2007 Minnesota State Fire Code- Fire 141 Chief Bennet explained that staff is recommending that the city update its fire regulations by 142 adopting the 2007 Minnesota State Fire Code. An ordinance is before the council for second 143 reading that will put the code in place on a perpetual basis. 144 145 Council Member Carlson moved to dispense with reading of the ordinance. Council Member 146 O'Donnell seconded the motion. Motion carried unanimously. 147 148 Council Member O'Donnell moved to approve second reading and passage of Ordinance No. 09- 149 07, as presented. Council Member Reinert seconded the motion. 150 151 A roll call vote was taken: five yeas and zero nays. Motion carried. 152 153 Consider Resolution No 07-126, Approving grant agreement with the State of Minnesota 154 for oak wilt removal — Community Development Director Grochala explained that staff is 155 requesting authority to renew an agreement with the State Department of Natural Resources to �156 continue the receipt of funding to assist with control of oak wilt disease within the city. 57 158 Council Member Reinert moved to approve Resolution No. 07-126 as presented. Council 159 Member Carlson seconded the motion. Motion carried unanimously. 160 161 Consider Resolution No. 07-124 regarding the Russian Baptist Church: performance 162 agreement extension and completion date extension — Community Development Director 163 Grochala explained that staff is bringing forward a two fold request regarding this project — an 164 extension of the site improvement performance agreement as well as an extension to the date 165 established for substantial completion under the terms of the conditional use permit. In 166 reviewing the progress of the project, staff has determined that an extension to November 1, 2008 167 should be sufficient for the completion. The terms of the conditional use permit require that 168 substantial construction be completed within 36 months of the approval. There have been 169 extensions to the project and that date of substantial completion was never clearly established. 170 Staff now recommends that the date be set for September 23, 2007. 171 172 Michael Kula, 6 Indian Hills Drive, Circle Pines, addressed the council. His property abuts the 173 church property and after five years of living with the project, he is frustrated. Neighbors 174 anticipated there would be a berm separating the properties but only see a few small bushes and 175 trees now on the plans. The church has never obtained a necessary MPCA permit so even though 176 a utility connection has been approved by the municipalities, it cannot go ahead. Working with 177 the church and city staff hasn't brought very many answers for the neighbors. This is the third 078 request for an extension to the development agreement but there is no assurance that this project 4