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HomeMy WebLinkAboutMinutes - 1976/06/28PROCEEDINGS OF THE CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA A regular meeting of the Mounds View City Council was called to order by Mayor Johnson on June 28, 1976, at 8 :02 pm, at Mounds View City Hall, 2401 Highway 10, Mounds View, MN 55112. Present: Mayor Johnson Also present: Clerk- Admin.Achen Councilman Baumgartner Attorney Meyers Councilman Pickar Engineer Bearden Councilman Shelquist Councilman Hodges MSP (Hodges- Shelquist) to approve the minutes of June 14, 1976, regular meeting. 5 ayes Mayor Johnson introduced the new city engineer, Charles Hubbard. There were no citizen comments or requests. APPROVAL OF CONSENT AGENDA Councilman Shelquist asked that Item C be removed from the consent agenda. MSP (Pickar-Shelquist) to approve the following consent agenda items: ITEM A. Set public hearing on Rosenquist Addition preliminary plat for 8:10 pm, Monday, July 12, 1976. (Applicant W.E. Rosenquist, general location of property 8380 Spring Lake Road extending westward to Pleasant View Drive.) ITEM B. Set public hearing on LeRoys Addition preliminary plat for 8:20 pm, Monday, July 12, 1976. (Applicant LeRoy Johnson; general location of property 8336 Spring Lake Rd., extending westward to Pleasant View Drive). ITEM D. Set Public hearing on E.E. Gustafson request to rezone Lots 4 to 7 inclusive, Block '3'Greenfield Plat 2 for 9:00 pm, ?Monday, July 12, 1976. (General location of property the four lots south of 7643 Edgewood Drive.) ITEM E. Set public nearing on Dalberg Sunnyside Estates preliminary Plat for 8:10 pm, Monday, July 26, 1976. (Applicant Genevieve L. Dalberg; general location of property 8419 Groveland Rd. extending eastward to Fairchild Ave.) ITEM F. Set public hearing* on Wilbert Johnson appeal of Planning Comm- ission decision to deny variance request for 8:20 pm, Monday, July 26, 1976. ITEM G. Approve June 28, 1976, bills (attached). ITEA H. Adopt Resolution No. 742 approving subdivision of lands to be known as Chapman 2nd 1ddition. Council approved by motion the final plat at June 14, 1976, meeting. However, approval by resolution is required. June <28 1976 ITEM I. Adopt Resolution No. 743 approving subdivision of lands te_; be known as Spagenski Addition. Final plat has been submitted whic meets the terms of Council's approval of the preliminary plat. Staf: recommends approval. ITEM J. Approve, as recommended by Planning Commission (6 -23 -76 min minor subdivision request of Al Petron to create two lots from exist property located at 2909 Woodale Fad. East lot, fronting on Knollwoo Drive, will be 143.24 feet deep and west lot, fronting on Woodale Drive, 100.0 feet deep with 110.0 feet of frontage. Before clerk signs new deeds, the existing garage and concrete slab are to be removed or relocated so that they conform to zoning code setback re ments. MINOR SUBDIVISION REQUEST CHARLES BETTS Ad. Achen stated that this is a minor subdivision on property located approximately at 8315 Red Oak Drive, to subdivide it into two lots, one fronting Red Oak, the other fronting Sunnyside. The Planning Commission recommended an equal lot split. The staff recommendation was to subdivide in the center of the easement, which is not exactly in the center of the existing parcel. Mayor Johnson asked what percentage of the property is currently divided down the middle of the block and Ad. Achen replied that the exact middle is 236.5 feet from the property lines at the center of the block. f the Planning Commission recommendation is accented than an easement required. MAYOR JOHNSON RESIGNATION Mayor Johnson presented his resignation effective July 1, 1976, as of the City of Mounds View. MS (Baumgartner- Shelquist) to reluctantly accept Mayor Johnson's resignation as of July 1, 1976. Councilman Baumgartner stated that Mayor Johnson has done much for the City; he has spent many hours as Mayor, and his diplomacy is his greatest asset. Councilman Hodges stated that he is very dedicated and it would be difficult to enumerate his contributions. His leadership will be missed by all. As acting Mayor he presented Mayor Johnson with a plaque. Councilman Baumgartner presented Mayor Johnson with a "garage sale sign". Mayor Johnson thanked everyone and asked for action on the motion. 5 ayes PUBLIC HEARINGS ON GREENWOOD TERRACE AND CHARLES HERMAN ADDITION James Anderson, attorney for Mrs. Nelson and Mr. Hermann suggested that the two matters be heard at the same time. Mayor Johnson stated that we would wait until 8:20 then and convene both at the same time. June 28, 1976 Page 3 Councilman Baumgartner asked about the existing 10 foot easement and Ad. Achen replied that it is the north -south utility easement. The Planning Commission choose to split it in the middle, which is 236.5. Mr. Sjodin stated that the request is to split it as the Planning Commission recommended, 236.5. They have wanted equal lot splits so the surveyor has laid it out that way. Councilman Pickar stated that the Planning Commission in the past has ruled that wherever possible they would like an even lot split. He is in favor of granting it as requested. Councilman Shelquist stated that he does not see that the 246 feet lines up with any existing lot line so staying with the policy of even lot splits is correct and he is in favor of granting it that way. Councilman Hodges stated that he likes to see us go along with equal lot splits as much as possible, but lining up the easements would be quite important and he feels that the easement is the most important thing. Mayor Johnson 'stated that staff has been directed to, in all cases, have equal lot splits and we should re- enforce that at this point. He also will go with an equal lot split. MS(Hodges Pickar) to approve this minor subdivision of Charles Betts at 8315 Red Oake Drive, as recommended by the Planning Commission with the lots at 236.5 x 101.25 equal lot splits with a 10 foot easement on the east lot. Mr. S3odin inquired as to why the easement cannot go through any prescribed portion of the lot and Ad. Achen replied that the owner of the east lot at that time could insist on payment for access to the west lot. Councilman Hodges stated that we have to think of future development. 5 ayes GREENWOOD TERRACE AND CHARLES HERMAN ADDITION PUBLIC HEARINGS Mayor Johnson recessed the regular meeting and called tc order the public hearing on the proposed Charles Herman Addition and at the request of the attorney representing the Greenwood Terrace property and Charles Herman we will accommodate them. James Anderson, attorney, stated that "trs. Nelson's lot was scheduled for 8:10 and Mr. Herman's was scheduled for 8:2n. The issues are identical and for purposes of discussion they should be handled jointly. Continuing, he stated that r• ?rs. Nelson and "r. Herman filed a request specifying a dividing line of 195 feet east of the right of way on Greenwood Drive. This would create parcels of property 100 x 105 feet. There is a section of land immediately to the north of i "r. Hermaft property, that represents a subdivision request granted by the Planning June 28, 1976 Page 4 Commission and the Council. The dotted line (indicatin represents 195 foot line;on the bottom it represents 235 feet "which is what the Planning Commission recommends. This is the only controversy. The only objection was where the property was to be subdivided -at 195 or 235. The only grounds specified in the motion as adopted by the Planning Commission were that the subdivision request of 195 feet would create unequal lots and they made an insufficient showing of hardship. This rational has already been satisfied'as'Mr. Johnson's property has already been subdivided at 195 feet. If the Planning Commission's position is adopted, you are creating the very problem which the policy of equal lots sought to avoid. The 3 major property owners in that area all want them divided at the same point. With regard to the utilities: all of the are in with the sole exception of the storm sewer. No one knows wh it is going in or what type; the preliminary -plats submitted granted the city a 25 foot easement to the east of the dividing line. That easement will put the utility exactly where the city wants it. Regarding insufficient' hardship there is a massive garden ;to the north is a tool shed and storage area. If the request "is denied she will lose the garden and the shed. Mr. Herman will lose a similar garden and steel pre fabricated shed which he had approval from the Council to erect just a few months ago. What is happening is an arbitrary adherance to a rule that really has no bearing here. This is a very rare and unique situation: 3 major property owners all wanting to divide at the same level, one has already been given it. He hoped that the Council would reject the Planning Commission's recommendation. MS (Baumgartner Pickar) that we approve the preliminary plats of Garnet Nelson and Charles Herman as presented. Councilman Baumgartner stated that the reason behind the equal lot split is to establish a straight line lot division. In this case it is not an equal lot split but the straight line utility line we will have. The fact that this is a unique area in itself makes me feel it should be treated uniquely, plus the other way would create a hardship. Councilman Pickar stated that another point that makes this property unique is that Long Lake Road curves to the north; if they wanted to subdivide it it may be possible for them to at 195 foot split. Councilman Shelquist stated that 1' years ago there were numerous situations where people wanted to split their lots unevenly and we established a policy of even lot splits. This was to put utility easements on a straight line, to leave access for future roads if they became necessary, and to facilitate convenience on those easements. Since the Planning Commission voted unanimously and also had the benefit of tr. Anderson's argument, and since they want to maintain thatpolicy, I am in favor of denying the 195 foot lot split. Councilman Baumgartner stated that the utility easement will be in a strai line. Councilman Shelquist continued: he can forsee when we will face the same situation of greater density many of the problems we have now is from the lack of foresight and planning in the past when lot splits were granted. June 28, 1976 Page 5 Councilman Hodges stated that he looked at the property twice and only thing is the precedent set by the Johnson property. Looking this he feels there is a hardship, and grant the split at 195 feet Mayor Johnson asked who owns Outlot A and Mr. Anderson replied that is owned by Mrs. Nelson, the excess porltion is owned by her son. She will deed that parcel to her son to create equal lots. They will be willing to consent that this would be shown on the final plat. Mayor Johnson stated that what you are talking about is that if we approve the preliminary plat with the modification that that would al be platted, is acceptable to you. He replied that that is right. Ms. Haake explained some of the thought the Commission had when they divided the Johnson property. Mr. Johnson's property is the 3rd largest parcel and he does have a curve to consider. When he came in in May of 1975 it was before we established the policy of equal lot splits. He had a garage back there and we knew we could not ask him to take that out. He asked for a lot split behind the garage so that he could save it. He came back and asked for a major subdivision. Mr. Moscow came in and asked for a lot split, the Planning Commission was adherring to their ruling then, and he accepted it. Then we have Mrs. Nelson wanting to save the shed and the garden, when she has another shed and a garage. It could happen here as it has in Minneapolis; it is going to be difficult to adhere to equal lot splits with the rest of the community if this is granted. Mr. Anderson stated that the Herman property is what is immediately adjacent to the Johnson property, not the Moscow. Secondly, the reasons why Mr. Johnson was given 195 feet may explain why the exception to general policy was made in his case, but does not provide a basis for rejecting this request. The structure that Mrs. Nelson will lose is on a photograph (this was passed to everyone). Since the Johnson request was allowed the other two should be allowed, also. The jogs will defy the very policy that the Planning Commission sought to enforce. Mr. Moscow has already advised Mrs. Nelson and Mr. Herman of his intention to move. He would not have done it but for the fact that he is moving and he did not want to get into the fight. In summary, if they are not granted the subdivision request they will lose an additional 40 feet of their property. Mrs. Nelson wants ro retain her garden and her shed, Mr. Herman wants to retain his garden and tool shed, both of them do not want to give up that large additional piece of property. They are forced to subdivide because of the assessments from Greenwood Drive, their choice was dictated by the 195 ft request of the Johnson property. ES (Johnson- BauwnE*,artner) to amend the motion: that the nreliminary plat be approved subject to including the exception for the Outlot n which is described on Fxi:ibit A dated April 1176. and also that the exception for nutlot A be incorporated as Lot 6 in the final plat for Greenwood Terrace and current Lot 6 1:i11 be Lot 7, and that the new Lot 6 lot lines will line up with Lots F and with new Lots 6 F 7 and that utility easement for pronosed Lot 6 be stirulated at ?fl feet, and that the other easements will be as described on the preliminary plat and the 1n font; c;tilit:' drainage easement will le abandoned at cross Lots 1-4. Mayor Johnson stated ;that he will have difficulty with this as he does not feel that there hs been sufficient showing that there isl hardship and he feels that it is in the best interest of 'the City planning function that the lot split remain on an even lot split basis: this is a very paramount situation. The Council was polle Councilman Baumgartner aye Councilman Pickar aye Councilman Shelquist aye Councilman Hodges aye Mayor Johnson aye The Council was polled on the main motion: Councilman Baumgartner aye Councilman Picker`- aye Councilman Shelquist nay Councilman Hodges aye Mayor Johnson nay Motion carried. Councilman Shelquist stated that he feels that we have gone through once again the demonstration of the problems we create when we grant variances Mr_ Tnovalc3 Tnhnsnn had a valid hardship. We have extended that to protect a situation where a house and garage and two outbuildings exist, -as part of the consent agenda we should hear an appeal from the Planning Commission- -this will be hard to defend Councilman Baumgartner stated that some place you have to have some compromise, to set a policy and state there will be no other way, he objects to. Councilman Shelquist stated that many residents have made the same request and we have denied them. If you are going to show compassion you better go back and at least change the policy and let them do what they want to do with their land. Councilman Baumgartner stated that each and every one should be treated as a unique case. Councilman Shelquist stated that he had heard no argument that the sheds were grandfatherbi in and Mr. Anderson stated that Ms. Haake had acknowledged that they had been grandfathereb-in so he had not refers to them. They have been there about 30 years. MS (Shelquist- Baumgartner) to adjourn the hearing. Mayor Johnson said that he felt it would be very necessary for the Council to make a statement that they are going to adhere to equal lot splits. :IS (Johnson Shelquist) that the expression of the City Council is that in all cases barring; a showing of hardship, that the lot splits be maintained on an equal basis. Councilman Baumgartner inquired as to who deals with what the hardship is and Mayor Johnson replied that that will be determined, but the Counci has to show they are serious about equal lot splits. Councilman Shelquist stated that a hardship exists when an owner cannot build on the property legally. A variance for convenience is not a hardship. 5 ayes 1976 Ms. Haake stated that she would like a legal opinion from Mr. Meyers in a letter to the Planning Commission, as even with this motion, they do not have a legal basis' Mr. Meyers stated that Mr. Shelquist is correct. The w "hardship" was more aireason to compromise! a situation. The law is clear, but the policy of carrying it out is the difficult part. Each lot arid block will have to be examined and acted on its own merits. Mr. Anderson stated that he would have no objection on Mr. Herman's behalf to a motion that would incorporate' the same requirements as exist in the Nelson request with respect to the easement. MSP (Johnson Shelquist) that we approve the Herman Addition's preliminary plat as presented with the change that Lot 1, Block 1 grant a 40 foot easement `S on the west lot line from north to south and that a <45 foot utility easement be granted on the west lot line from north to south. MSP (Shelquist- Johnson) for reconsideration of the preliminary plat of Mrs. Nelson. 5 ayes MSP (Johnson- Hodges) that the preliminary plat of Garnet Nelson's subdivision be approved with the change that the west lot lines provide a 45 foot utility easement on Lots 5,6 7. 5 ayes'' The public hearing was recessed and the regular Council meeting was called back to order. Mayor Johnson called to order the 8:30 pm public hearing on modification' of Article IV (occupancy limit for elementary /secondary students) of Special Use Permit Agreement, Compassion Christian Center. Ad. Achen stated that on February 18, 1975, the Council entered into a Special Use Permit that indicated that Compassion Christian Center could not have more than 75 pupils at any one time. They are asking for a modification of this. The occupancy of the structure would be governed by the state building code and fire code and would be a maximum of 328 people. Mayor Johnson stated that the Planning Commission held a hearing on June 23, 1976, and they have several comments from the citizens surrounding the Compassion Center. He now opened the hearing up to the public. Robert Glazer asked if the Council were going to base its decision on the impact on the neighborhood, or whether it will base its decision on whether its operation or mission is good or bad. Important now is what are the external effects :coin to be on the community. He feels it would be feasible to look at the Comprehensive Plan. It recommends that the land within District VT is single family housing. He does not feel that the Center has the land to work with to give adequate buffering. We have the expansion of a non- conforming use in front of us. If we continue with changes single family units are going to become June 28, 1976 an endangered species. We are already saturated with was not originally intended or planned for this area. grown and they should look for a more spacious area. rwskowski Leonard 7930 Sunnyside Rd, agreed with Mr. Page 8 schools. This The needs have Glazer. Jack Cooney, 7940 Sunnyside Rd., stated that he has been a resident about two weeks. He was aware that there was a church and school behind their home and approached the Planning Commission. He left them satisfied that if there was to be any notable changes a hearing would be held. He can offer no observations as to what happens, but his real observation is that most schools have a lot of property and are bordered by a road, separating them from the nearby residents. In this particular case the homes abut right up to the parking lot. This has to be disruptive. Harvey Fischel, 5733 Pleasant Ave. So., Minneapolis, represents Christian Center. Mr. Fischel stated that it is difficult to respond to something that is not concrete. The problems are that this "might" happen. I believe that we have a situation there that has been a minimum disruptive element in the neighborhood. I agree that the building` could not take 328 pople, They _intention e_ ..y have no 1111iCili�1VI1 of doing anything in that order. The business of having the school is to accomplish objectives and that we can do better than the public schools, but have no interest whatsoever in being a disruptive element in the community. The traffic pattern has been nothing that could be considered hazardous from what he can see. In planning the commercial zones you are supposed to be well buffered, but they do not regard themselves as being in a commercial situation. They do not have any intention of building any more facilities. It is just a practical use of facilities already there. When they originally got the special use permit we thought you were most generous with the 75, but what is happening is that they are now up to the limit and they have many who they cannot take applications from because of the limit. Mr. Fischel explained that he is chairman of the board of the Christian Center._ Mayor Johnson asked the ratio of congregation members living within the city and outside the city. ?qr. Fischel stated that he did not have a clear idea, but it is a small percentage within the City of 'founds Vidw. He stated further that they have an eldership rather thn a paster. Bert Bauman was the paster but he has left. Councilman Baumgartner asked what age groups they are talking about and Mr. Fischel stated first to ninth grade. Councilman Baumgartner asked, with your teach1 n- staff, materials, equipment, space, etc. that numbers are you tali :inr about? Mr. Fischel_ replied we would have to expand the staff for our facilities to some extent. 'le are operating the elementary school only on the 2nd floor, but we do have space where we could have some class rooms on the lower floor as well, with no chance in tj' structure. About 90 students. without changing the staff number, etc. We have the capacity for Lbout 150 students. Councilman Shelquist asked ho': they proposed to handle recreational facilities? Fr. Fischel answered that one of the things they plan to do is to blacktop the parking lot, the triangle section which fronts on Highway 10. June 28, 1976 Page 9 Mr. Tr tkowski stated that he lives directly behind this establishment and has an idea as to the disturbance- -car -s coming and going at all hours of the day and night. Hold services twice a week, several times: on Sunday and he would like to enjoy his peace and quiet and not have to attend their services in his backyard.' They are quite':exurberant. If`they do intend to make a playground out of the parking lot they will be in his backyard`. He just does not believe that they have the e room back there do what they want to do. He has tried to grow lilac bushes and they were ruined by the plow. Further, what are they going to do with the snow? Mr. Glazer stated that the issue is the external effects of the Center rather than the worthwhileness of the Center. Mayor Johnson replied that that was without question. Mr. Tritkowski stated that when he moved in the Lutheran Church was there and he never had any of these problems. The problems he has now are new. Vern Negus, 7954 Sunnyside, stated that he agreed with the above 100 If it continues he plans to sell his home. All hours of the night cars coming and going, teenagers jumping over his fence, etc. Sometimes until 2 or 3 in the morning. Mr. Tritkowski stated that the was rare when they were actually that late, but many times up to 1:30 or 2:00 am -the young adults. He has complained to the police department about the peeling out of the parking lot at all hours of the morning. Since the notice of these hearings came out they have toned down. He will also move if he is forced to. Mayor Johnson asked for a show of hands of the people that live close to the church? Of those of you who raised your hands, how, how many would say that you would not consider the Compassion Christian Center to be good neighbors? John Mathews, 63 105th Lane N.W., Coon Papids, said that the intent of their request is not for 328 people. If it moved to 150 it would eliminate the use of the building as a Bible School, they would be moved elsewhere. I suspect it is not people from our church who are using the parking lot as a race track. Mr. Fischel said that there are kids on motor bikes particularly who like to use it. Another thing about tearing through the parking lot is that with the chuck holes they are goinp: to have a broken spring. Mayor Johnson suggesting putting up a guard rail and 'fir. Fischel replied, certainly, we don't want to disturb people. Mayor Johnson asked tr. Fischel if he had the authority to negotiate the number of students to be inserted into Article IV and Mr. Fischel replied he would think so. If they don't comnromise they have no place to go. They will do whatever is in accordance with a workable situation. Mayor Johnson asked hip', if he were sad ✓inr t'-at he ou]d accent 15' student limit and °r. ''athews replied, that for the elementary school, yes. rayor Johnson stated that if they went over they would have to add on to the hui ldint. r. :lather!:; replie,1 t? they are not indi catinp any Plans to add on at all. 1976 Page In Mayor Johnson asked Mr. Fischel if he agreed to live with 150 student maximum, and ask for no more expansions and he replied as far as he was concerned, yes. It would be entirely agreeable but as far as 10 years from now he didn't know. He also stated that their corporate name was Compassion Incorporated. Mr. Mathews stated that they have adult claases from 8:00 am to noon and Mr. Baumgartner stated that the total persons involved would be greater than 150, then, and Mr. Mathews replied no, because they would take over the space being used', by the adult school. Mr. Tritkowski asked about using the church itself. Further,,, he would like to ask if these figures exceed 150 or stay when the church is in operation and the elementary school is there and the adult education is there. Mr. Mathews said that if the adult school moves out it will considerably decrease traffic. 50% of the elementary students are being bussed with parents driving the remaining. Mr. Glazer mentioned that during the Planning Commission's meeting there was much discussion regarding playgrounds. He feels that the intent of the comprehensive plan was to keep it residential, and they are compromising that. Mayor Johnson asked Mr. Glazer if he was saying that any increase at all would be a compromise and he replied that it is bulging at the seams now. Mayor Johnson said there are 130 in the morning and 75 elementary students. What they are proposing is that there be 150 elementary students and no adult education. So your total impact is not increased. Mr. Glazer stated that there would be increased playground use, etc. Councilman Pickar asked how they continue the education after high school and Mr. Fischel replied that the Bible School is from 8:00 to 12:00, and it wouldn't be discontir.aed, just moved out of the present structure. They take the standard tests and they were well above average academically. Atty Meyers asked the total land area including the parking lot and Mr. Glazer replied it was calculated at 1.6 acres. Atty Meyers asked if the traffic patterns would be increased and Mr. Mathews replied, certainly, but much would be in the form of bussing. He would anticipate decreasing the need for parking facilities with just the elementary school. Atty Meyers asked if it was on Hillview that they park and Mr. Tritkowski said yes, every time there is services, parking is on Hillview. Mr. Forslund stated that they even come up on his lawn sometimes. Mayor Johnson said that he mould estimate at least 60 S0 cars the streets. Atty Meyers said that the parking lot abuts the land of Messrs Tritkowski and Negus. parked on Coony, NSP (Shelqui.st Hodges) to close the public hearing. The regular Council meeting was reconvened. '.S (Shelquist Baumgartner) that we deny Compassion Christian Center the modification of Article IV of iLe Special Use Permit to remove the limit of 75 elementary and secondary students. 5 ayes Page 11 June 28, 1976 Councilman Baumgartner stated that you are at the point where your building is not large enough. He would not deny children the opportunity to go to their school, but we hear the citizen convnents and we have to, consider them. Mayor Johnson spoke against the motion. He feels that there are problems with the use of the facilities and some problems wi t neighbors. However, using the 75 limit is arbitrary and rather Lua sti the growth he would like to have serious consideration given an increase to at least allow them to continue for the next period time. to give them an opportunity to continue with their work. I -wou like to find out what the minimum increase would be that they would find acceptable. Councilman Baumgartner stated that today they ask for 125 in 6 months they may ask for 200, etc. Mayor Johnson stated that Mr. Matthews indicated that 150 would be th maximum in terms of the facility there. Councilman Shelquist stated that his motion is specifically addressed to a letter to the Mayor and the Council in which they ask for the removal of the 75 limit. Mr. Daire said that the limit they are seeki might reach 200. My original motion a year and a half ago was for 60 and it was expanded to give room for growth. I do not feel the facilit is large enough. It' is located on streets that are heavily travelled and there is no adequate playground space- At the time the Special Use Permit was granted, we were aware of the use of Hillview Park and at the Planning Commission we heard conflicting testimony as to whether the children were going helter skelter to the park or were under control. If they continue the use of the park we should be giving consideration for reimbursement of the city for wear and tear on its park. If we were to remove 75 from Article IV we would immediately have to put a control on, and I am not comfortable with anything but 75. Mr. Glazer stated that he would think that before you would consider any increase it would be proper to clear up these problems first. Mr. Glazer and Mr. Tritkowski asked if this were not a religious institution would the Mayor feel the same way and Mayor Johnson replied only slightly. He thinks you have to be a little tolerant there has to be a way to allow that facility to continue to operate. A roll call vote was asked for on the motion. Councilman Baumgartner aye Countilman Pickar aye Councilman Shelquist aye Councilman Hodges nay Mayor Johnson aye What we did, Mayor Johnson stated, was to deny the request which would make it a capacity of 328 which is too much. Mr. Fischel, what is the minimum number of increase in pupils that you would be willing to find acceptable? June 28, 1976 Mr. Fischel replied between 90 100. More would make it necessary to move out the Bible ,school. Mayor Johnson moved to amend Article IV to read "shall be limited to nomore! than 100 enrolled secondary or elementary students at any one time." A dd a new section to the!Specal Use Permit which stipulat that Compassion Christian Center shall take whatever means are necessary to police their premises to restrict the nuisances which may be created by their operation which will adversely affect abutting property owners. This motion was seconded by Councilman Pickar. Councilman Pickar asked if they had plans in the future for developing the triangle space and Mr. Fischel stated yes, but it would be purely speculative, but if it would be necessary they, certainly; would do something in that order. However, he cannot say tonight what it would be or how soon. Mr. Glazer asked if the Council would consider making a temporary Special Use Permit based on their performance to solve some of these real problems. Mayor! Johnson stated that these permits stated that they may be revoked if not complied with. Mayor Johnson asked if they would be willing to set a date for completion' and Mr. Fischel stated that they are willing -to begin in the morning. He was not aware of the degree of the problems. Whatever you point out to us that is within our capacity we will do. Mr. Tritkowski asked when they would pave the parking lot plus a fenced in playground -he wants a reasonable time set. Mr. Fischel re- plied that they have half the money for paving the parking lot. It is a matter of money -he knows we will require these things to be done but to pin it down to a specific date is difficult. Councilman Shelquist stated that regarding the city playground -he would there should be some agreement in the Special Use Permit for compensation to the city for maintainence of that park and playground. The administration could determine whet a reasonable amount would be. Atty Meyers stated that he has heard of voluntary contributions by church groups and can see no problem, but it might increase our duty to them. Mr. Tritkowski stated that the taxes are high enough now. This will not alleviate taxes, but they are using- everything we offer -ie fire and police protection, etc. Mr. Mathews stated that they would certainly would Le Milling to pay a reasonable cost for the maintenance of that plavrround without the city having; to charge them. Mr. Glazer stated that the City is short on part: and playground facilities and the Council should set land aside while they have the opportunity. Janice Daire, Roseville, stated that the major time when the school uses the park is over the noon time. That is not the time when other children are using the park, so it does not overcrowd it. June 28, 1976 Page 13 The Council was polled as to whether they would want to go forward with an increased enrollment to 100, and whether they feel that controlling the nuisance on the property can be worked out, and if they want -to have some kind of service fee for the use of the park. Then the motion should be killed and request the staff to come back with a contract for next time. Councilman Baumgartner: I feel up to 75 students is what we should stick with. Councilman Pickar: I would vote for the increase and would like to see it tonight. He is not in agreement with the service fee. Our children use other area's facilities. Councilman Shelquist: Against the increase beyond 75. If it is increased we should consider a service fee. Usually in a school they provide playground area. Councilman Hodges: would go along with the increase as most of the problems come in the evening. Look hard at buffering. Revert back to a church if it doesn't work within a year. Mayor Johnson stated that he will withdraw his motion and Councilman Pickar will withdraw his second. MSP (Johnson Pickar) to instruct Ad. Achen to get together with the Compassion Christian Center people and prepare an amendment to the Special Use Permit agreement increasing Article IV to 100 pupils and to stipulate within the agreement the tightening of the policing of the grounds and that the amendments to the agreement be ready for the next Council meeting. PROPOSED ANIMAL CONTROL PROGRAM Ad. Achen stated that this is to implement the Council's decision to spend part of the revenue sharing monies to increase the animal control program. $3650 on an annual basis. Mayor Johnson said that this would incorporate a nuisance ordinance as well as a dog. It is an abatement officer budget. MSP (Shelquist- Baumgartner) that we approve the revision to the 1976 budget as proposed by the administrator to revise the animal control and add nuisance abatement budget for 1976. LICENSES FOR APPROVAL 4 ayes Shelquist 1 nay 5 ayes Ad. Achen stated that the concensus of the Council is to refrain from reading the list. Representatives from the Launching Pad are present. MSP (Johnson Baumgartner) to approve the licenses as presented with the exception of the Launching Pad Supper Club. (attached) 5 ayes June 28, 1976 Page 14 William Seltz, Midwest Federal Bldg., attorney, appeared with Al Hartinger. Mayor Johnson stated that Mr. Hartinger was in for a proposed bowling alley, there was apublic hearing and several residents were there. They mentioned the complaints that they had. One of the complaints was that the back door was open. Mr. Hartinger stated that the major complaint was the debris. Mayor Johnson asked him if he recalled about the back door being open? Mr. Hartinger replied, yes. He keeps them locked now. Councilman Baumgartner asked if the fire marshall knew that? Mr. Hartinger replied, no Only thing they can do is to station somebody at the door to make sure the door stays closed. He really would rather not have it locked. Mayor Johnson stated that on April 8 there was a complaint about the back door being open. Also on April 15, 17, May 1,6,16,19,22 and 25, and on -May 26 a tag was finally issued. What other steps have you taken to police your operation and to eliminate the problems? Mr. Hartinger replied that there is no debris problem. They have hired someone to come in twice a week to clear the parking lot. Since the issuance of the tag they have kept the door locked but they door. will have to keep somebody at the u. Th ��,ey try try to keep Y thei eyes on it but it is right off the dance floor and it is difficult. Mayor Johnson asked hoW they restrict patrons from coming in if it stands open. Mr: Hartinger replied that it cannot be opened from the outside and it is only open about 3 or 4 minutes. Ad. Achen asked if they could adequately restrict sound and give adequate exit and emergency procedures and Mr. Hartinger replied that there is another door. Ad. Achen suggested a loud alarm and Mr. Hartinger thought that was a good idea. BIS (Hodges Pickar) that we renew the Launching Pad license with the stipulation that something be done with the back door, ie a bell system, within a month. Councilman Shelquist stated that the Launching Pad got the complaints in April why does it have to wait until Council calls your in before you do anything about it? Mr. Hartinger said that he was not aware of the debris problem, and he did not know that it was that many times that people had complained about the door. Councilman Shelquist asked when the police department is called over there who are they informing that a complaint has been called in? The administrator stated that the police department has specifically spoken to bartenders, bouncers, etc. They do not ignore complaints. Mr. Hartinger stated that they had not brought it to his attention- a breakdown on the communication level. ;lotion carried: 5 ayes June 28, 1976 Page 15 Councilman Shelquist requested that we consider Item C on the Consent Agenda. Set public hearing on revision of boundaries of voting precincts 2 and 3 for 8:30 pm, Monday, July 12, 1976. He questioned as to why they are setting a public hearing? The administrator stated that it is staff's request. The report will be available for Council before the hearing. They have to take action on that matter by that time. We want to see how the citizens will react to changing the polling places. IMP (Shelquist- Hodges) that we set a public hearing on revision of boundaries of voting precincts 2 and 3 for 8:30 pm, Monday, July 12, 1976. 5 ayes Donald Gimpel, 7500 Knollwood Drive, appeared before the Council. He explained that last year he had a preliminary plat to split a lot, he paid his fee, went to the Planning Commission and they said yes- but he had to provide fill and a drainage tile from the back of the property to the street. This will cost him 2 3 thousand dollars. The Planning Commission stated that if he wants his lot split that is what you have to provide. Councilman Baumgartner wanted to know who on the Planning Commission had the expertise to say this and Councilman Shelquist stated that he appeared on July 23, 1975, and it was tabled. The engineer was to look at it. Mr. Gimpel stated that the engineer recommended that the soil and water resources man look at it. Councilman Shelquist stated that he appeared again August 27. It was again tabled. Mr. Gimpel explained that they didn't appear a 3rd time because of the cost. When he took the test the water was 5 feet -that wasn't too bad for as much water as they had. People across the street had just taken out what they wanted for their basement, and filled the rest in. mhey haven't put in extra fill other than the black dirt. Mayor Johnson read the report from the Soil and Water Conservation. Resources. The administrator asked who should the city make responsible for solving drainage problems. The Council might want to consider some kind of restriction on the issuing of building permits until problems of inadequacies are solved. Mayor Johnson suggested subdividing the lot and finding a buyer and then have it put in the purchase agreement that a tile was necessary, etc. The administrator stated that it could he a deed restriction. Somehow the buyer has to be informed. ti Mayor Johnson asked if we split the lot what ebout the lot that is now low. Fr. Gimpel replied that iris house is high and sandy lots absorb a lot of rain. Engineer Bearden stated that the Planning Commission request came from Skiba. The consensus was that there were potential problems. June 28, 1976 Page 16 Mayor Johnson asked the Council if they want him to go to the Planning Commission? Councilman Shelquist asked why send it back to the Planning Commission? Are you going to direct the Planning Com- mission to approve it? Mayor Johnson stated that if wants to sell it with the proper deed restrictions he should do that He should be placed on the agenda. Atty. Meyers said that the correct procedure has been followed. If you allow the lot split to go through with these restrictions it will go dead. The administrator said that maybe the staff should investigate and evaluate as to the possibilities. Mayor Johnson suggested referring to Admin. Achen and he will try to evaluate the situation. The administrator said that what they will do is investigate it and bring it to the Planning Commission. Councilman Shelquist said that since they tabled the matter that is satisfactory. ADMINISTRATOR ACHEN'S REPORT Since the agenda session is a holiday he recommended that it be held Tuesday evening, July 6. This was agreed upon. with the hiring n f the new engineer we are hiring secretarial neer Further, W1L11 LttC toi,_.�aa vi help through the HUD program. If a secreatry is funded 100% through the HUD grant we cannot use it for anything else. In hiring somebody 3/4 time we are getting people who are interested in part -time employment and they tend to be lower caliber as far as skills, etc. However, he feels it is necessary to provide additional clerical staff. He recommends that we fund clerical position 25% from the general fund and the balance from the HUD grant. At budget time the Council can consider further funding for 1977 and decide whether it is an appropri- ate thing to continue the position or not. We will tell the employee that the job will only be guaranteed through December 31. MSP Shelquist- Hodges) to approve the administrator's recommendation for the hiring of a secretary. 5 ayes COUNCILMAN BAUMGARTNER had no report. COUNCILMAN PICKAR had no report. COUNCILMAN SHELQUIST had no report, but stated that having served on the Council with Mayor Johnson for 11 years, he wanted him to know that it had been an enjoyable experience and he wished him well. COUNCILMAN HODGES suggested checking into the culvert at the shopping center. He also received a call today regarding the joint agreement on Soil and Water. The administrator explained that he had asked Howard Moechnig to contact him. We have the proposed agreement that the Planning Commission recommended we develop. He will investigate it June 28, 1976 further. Councilman Hodges also stated that he felt that it was short notice on the water meter reading notice. ATTORNEY MEYERS stated that the owner of 5445 Jackson Drive have not paid some $2500 they owe. They have been written a few letters and as they have not paid he would like the authority to commence appropriate action. MSP (Pickar- Hodges) to so move. 5 ayes MSP (Baumgartner- Shelquist) to authorize the attorney to commence the appropriate legal action by suit or arbitration against Kenneth Wahljavre and any others to seek damages sustained by the City relative to the construction of the city hall addition for the remodeling of the existing city hall. 5 ayes ENGINEER BEARDEN stated that one of the checks was for final payment to Forest Lake Contracting. The original contract was $37,799.80. Change order 1 2 brought it to: $40,786.55. Final: $40,037.78. There are some problems with the lights overloading and tripping. We are covered, however, and they are responsible. Secondly, the surfacing of the perking lot occurred late last fall and on the driveway on the back side of the building It was graded flat. They did not get the crown in. He has suggested to the contractor that we would deduct tonnage ($370.80) for his not having put the crown on the street. He recommended accepting this deduct to close the job out THE COUNCIL ACCEPTED THIS AS A FINAL PAYMENT. Page 17 Ad. Achen stated that there was a request from an apartment owner, Rita Kinyon, on 22 units on Raymond Avenue, asking for a variance of Chp. 93 Housing "Multiple Dwelling certification registration fee- $15 per building. They want to be charged as an apartment complex at $3 per unit. All units are managed by the same caretaker and are practically identical buildings. MSP (Baumgartner- Hodges) that we not accept the request of Rita pinyon and that she be charged the adequate fees. Mayor Johnson asked if the Council wanted to take any affirmative action on the Mayor's seat or seek a replacement on the Council at this time. Councilman Baumgartner suggested putting it on the agenda. ayor Johnson thanked the Council and the staff and thanked Gene Skiba for hi^ accurate reporting. SI' (Baumgartner- Telquist) to adjourn at 1:10 nm. 5 ayes 7espectfully submitted, Mark Achen Clerk Administrator ayes