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HomeMy WebLinkAboutMinutes - 1978/02/131. Roll call of officials 2. Approval of minutes of regular meeting January 23, 1978 3. Citizen comments and requests CITIZENS: BEFORE SPEAKING, PLEASE GIVE YOUR FULL NAME AND ADDRESS FOR THE MINUTES 4. Approval of consent agenda Item A. Appoint acting mayor for February 27th meeting B. Rotary mower and trailer specifications C. Diseased tree removal specifications D. Planning Commission ordinance E. Mounds View Square Addition hearing F. Employee health insurance contribution G. Clerk- Administrator employment agreement H. Bills for payment I. Licenses 5. Mayor's proclamations (a) March Is Minuteman Month National Guard request (b) Free Enterprise Week Irondale High School Chapter Distributive Clubs of America 6. Public hearings (a) Alexander Diversified Sales, Inc. Conditional use permit, used auto sales (7:40 PM) (b) Pleasant Acres preliminary residential plat (8:00 PM) (c) Silver Lake Road public improvements Duplex development (9 :00 PM informational hearing) (d) Seven Eleven Stores Conditional use permit, gas sales (9:30 PM continued hearing) 7. Reports of officials 8. Adjournment A G E N D A Mounds View City Council February 13, 1978 7:30 PM A regular meeting of the Mounds View City Council was called to order by Mayor Pickar at 7:30 PM on February 13, 1978 at the Mounds View City Hall, 2401 Highway 10, Mounds View, Minnesota 55112. Members Present: Also Present: Councilmember Baumgartner Councilmember Rowley Councilmember Ziebarth Councilmember Hodges Mayor Pickar PROCEEDINGS OF THE CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Clerk /Administrator Achen Attorney Meyers Engineer Hubbard MSP (Hodges Ziebarth) to approve the January 23, 1978 minutes as presented. 5 ayes CITIZEN COMMENTS AND REQUESTS Juel Wold, 2616 Hillview asked if any changes had been made in the trucking ordinance yet and questioned if moving vans or delivery trucks would be allowed into the City under the present ordinance. Mayor Pickar replied that the issue had not been discussed further but that his interpretation of the ordinance was that trucks would be allowed while trey were working on a job, i.e., delivering something. Barb Haake stated that according to Mounds View's zoning code, delivery trucks and so forth would be allowed. She also stated that the Mounds View Planning Commission had spent 18 months reviewing the zoning plan and asked that the Council uphold the ordinance as it reads. Charlotte Fields, 2255 Lambert asked who was in favor of the ordinance. Mayor Pickar replied that he knew of several residents who backed the ordinance. He also stated that they seemed to be the silent majority, as people who are in favor of something usually don't speak out as much as those who are against sornethi ng. Darr Snare, 5138 Long Lake Road presented the Council with a petition of 300 signa- tures of Mounds View citizens in favor of the ordinance and stated that several more signatures would follow. Steve Zebro, 2320 Sherwood asked how long the ordinance had baen in effect since he had heard nothing of it until being issued a citation recently. Mayor Pickar replied that the ordinance had been passed approximately two months ago. Mr. Zebro asked how he was supposed to get hack and forth to work, if he was not allowed to drive his truck in the city. Mayor Pickar replied that sure type of arrangement must be made. Councilmember Ziebarth stated that he believed many of the resident; of the City February 13, 1978 were in favor of the ordinance. He also pointed out that while a truck owner may be an owner of private property in the City, he would also be under City ordinance, and suggested that anyone with a specific problem see the City Administrator to try and find a solution. Councilmember Ziebarth stated that a group of truckers was planning on, getting, together to try and come up with a solution for the problem of parking the trucks. He stated that he had offered to make himself available to the group but had not been contacted yet. He also stated that the complaints to the City had been on the uprise, which was why the City came up with the ordinance to solve t;.° problem. Councilmember Baumgartner asked Mrs. Haake to read the paragraph covering delivery trucks again. Mrs. Haake stated that it was Chapter 40.05, Subdivision N, number 3 and read the paragraph. APPROVAL OF THE CONSENT AGENDA MSP {Baumgartner- Rowley) to approve the consent agenda as follows: 5 ayes ITEM A. Appoint Councilmember Roger Baumgartner acting mayor for the February 27, 1978, Council meeting. Mayor Pickar and Acting Mayor Hodges will be out of town that day. .ITEM B. Accept the specifications for a front mounted rotary mower and trailer and direct that bids be solicited for opening at 10:00 AM, March 1, 1978. ITEM C. Accept the specifications for remokral of diseased trees and direct that bids be solicited for opening at 2:00 PM, February 24, 1978. ITEM D. Adopt Ordinance No. 274 amending Chapter 32.02 of the Municipal Code to reduce the Planning Commission from nine to seven members. ITEM E. Set a public hearing for 7:50 PM, Monday, February 27, 1978, on the Mounds View Square Addition preliminary plat for the development of 18 single family and 4 two family dwellings. ITEM F. Adopt Resolution No. 888 amending Resolution No. 879, adopted December 19, 1977, establishing salaries, wages and benefits for employees in calendar year 1978. This amendment increases the portion of the monthly health and life insurance premium to be paid by the City from $65.00 to $72'.00. ITEM G. Authorize the appropriate city officials to execute the employment agreement with the City's Clerk-Administrator. T E. Approve the February 13, 1973, hills for pay en 7.. February 13, 1978 Page 3' ITEM I. Approve the following licenses: CONTRACTORS expire 6/30/78 Htg Air Conditioning new Central Air Conditioning Htg 1971 Seneca Road St. Paul, MN 55122 Masonry new R. W. Soderstrom 6438 Riverview Terrace Fridley, MN 55432 General new Insul —Aid, Co. 887 Pierce Butler Route St. Paul, MN 55104 MAYOR'S PROCLAMATIONS Mayor Pickar read a proclamation declaring March as Minuteman Month for National Guard recognition and stated that he felt the proclamation was very important in recognizing the National Guard and the job they do. A representative of the Irondale High School DECA organization stated that their club was doing a project on free enterprise and asked that a Free Enterprise Week be proclaimed. Mayor Pickar read the proclamation for Free Enterprise Week. Mayor Pickar recessed the general meeting and opened the first public hearing. ALEXANDER DIVERSIFIED SALES, INC. CONDITIONAL USE PERMIT James Alexander explained that he was basically a wholesale dealer, doing 75 percent of his business directly with other dealers and that he was requesting a conditional use permit to sell used cars from his proposed headquarters at 2848 Highway 10. He presented a drawing of the area and showed that fifteen display spaces would be provided and eleven customer parking spaces: He also stated that the garage would be used basically for clean -up only and that no mechanical work would be done. Jim Blick, 7920 Groveland stated that he lived directly behind the area and that Mr. Alexander had stopped in to see him to see if he would oppose. the used car dealership going in. Mr. Blick stated that his only concern was that the City would have the power to keep the business in line and make sure it follows the rules set. Mr. Alexander stated that he specialized is late model cars and would not be having any junk cars. He also stated that he realized that if he violated the conditional use permit, it could be revoked, and since he had purchased the property he was going to be operating on, he could not afford to have the permit revoked. Councilmember Ziebarth asked if any major repair work would be done and asked Mr. Alexander if he would be willing to put into writing the type of work he would be doing. Mr. Alexander replied that basically all he would be doing would be auto clean -up and that he would put that into writing. Councilmei ^hr Baumgartner stated that the Planning Commission had recommended that only 13 display cars be allowed outside, and two inside, and only one frontage February 13, 1978 Page 4 sign be allowed, with no outside storage of parts or non working vehicles, and marked parking spaces be required. He also questioned if more fencing would be required. Mr. Alexander replied that he had checked with Mr. Blick, who did not feel addi- tional fencing was necessary. Councilmember Ziebarth asked if any of the present lighting was offensive. Mr. Black replied that it was not and that he would even prefer more, as it was added security for his property. MSP (Hodges Ziebarth) to accept the recommendation of the Planning Commission and the recommendations of the Staff, with Exhibit 1, the report from the Planning Commission, Exhibit 2, drawing of the property, Exhibit 3, James Alexander's letter of 2/2/78 to Official Rose, and Exhibit 4, letter from James Alexander to the City, dated 2/12/78, with the extension of the fence to within 30' of the property line, and a night light on the back of the building. 5 ayes Mayor Pickar closed the public hearing for Alexander Diversified Sales and opened the next public hearing. PLEASANT ACRES PRELIMINARY RESIDENTIAL PLAT Bob Todd stated that he would be representing Keith Harstad, who was out of town and presented the Council members with a revised plat of the area. Mayor Pickar questioned if the Planning Commission had viewed the revised plat. Mr. Todd replied that they had not, and Mayor Pickar stated that they should review the changes before theCouncil could act on it. Councilmember Baumgartner stated that the Planning Commission had denied the request for three separate parcels because the plan included two outlots. Mayor Pickar added that the outlots would have to be incorporated into the plat before before the plat could be approved. Administrator Achen recommended that Mr. Harstad return to the Planning Commission with the revised plat but suggested that certain problems be addressed in the mean time, such as an alternative to the outlots, allowing a non continuous plat, and Lot 4, Block 1, which is owned by another party, and stated that the area should be considered as separate plats anyway. Councilmember Ziebarth pointed out that Mr. Harstad had not really changed anything significant since he met with the Planning Commmission and recommended that the required changes be made. Mr. Todd requested that if all possible, Block 3 be approved as it met all require- ments and had not been changed since the Planning Commission had reviewed the plat. He stated that Mr. Harstad had buyers for the property who were anxious to begin building. MSP(7.iebarth- Hodges) to approve a preliminary plat of Pleasant Acres, including only that property labelled Block 3 in the proposed plat. A development agreement shall be entered into by the applicant. The remaining property, Blocks 1 and 2 of the prop:ised plat, must be revised to eliminate all outlots and resubmitted as a separate suhdivision request. 5 ayes February 13, 1978 Page 5 Mayor Pickar recommended that Mr. Harstad clean up the problems with the outlots and return with new plats for approval. Mayor Pickar closed the Pleasant Acres public hearing and opened the next public hearing. SILVER LAKE ROAD PUBLIC IMPROVEMENTS Mayor Pickar stated that it was to be an informational hearing to get input from the people on Silver Lake Road as to whether they were interested in having sewer and water services put it and to give them an estimate of the costs involved. Administrator Achen stated that the hearing was scheduled at the request of two or three property owners on Silver Lake Road who would like to subdivide their property and rezone it, but that a decision on whether or not to put in the sanitary water and sewer services must be made first. Engineer Hubbard presented three naps, each showing an alternative of how the improvements could be made and stated that the assessments were based on 13 lots, which resulted in approximately $2800 in assessments per lot. Margaret Kramer, 7663 Groveland asked if the property owners along that stretch of Silver Lake Road would have to pick up the entire cost of the project. Mayor Pickar replied that just the residents on the west side of Silver Lake Road would be assessed. Engineer Hubbard explained that Silver Lake Road acts as a barrier and that services could not be cut across but would have to be put in on the west side and that the east side would be serviced internally. Jim Celt stated that he owned half of lot four and asked if the owners of the pro- perty on the other side of Silver Lake Road could possibly cut across and join up the services. Engineer Hubbard replied that they could not be serviced from the west side unless Silver Lake Road was torn up completely, and stated that utilities would have to be paralleled. Mrs. Kramer asked what the square foot cost would be. Engineer Hubbard replied that map 1 would cost approximately $31.06 per square foot for sewer and $21.06 for water and map 2 would cost approximately $29.55 per square foot for sewer and $21.06 for water. He also stated that dual services would be required on two family homes. Administrator Achen questioned if it was certain that the improvements would be of no benefit to the east side of Silver Lake Road and questioned if perhaps a feasibility study should be done. Engineer Hubbard replied that he was quite sure that the east side would not benefit. He also stated that the County would not allow the services to be cut across Silver Lake Road. Mr. Celt asked what it would take to have a feasibility study done. Engineer Hubbard replied that if the Council feels the people want it, they would order it done. He also stated that the cost would be approximately 20 to 25% of the engineering costs of the project, which would be approximately 15 of which the property owners would be assessed. Mayor Pickar stated that 35% of the residents would have to be interested in the improvements before any action could be taken. Mayor Pickar polled the property February 13, 1978 owners present to see how many were interested in proceeding with the project. Councilmember Baumgartner also stated that Mr. Thorson, owner of Lots 8 and 9 was also interested, although he wasn't present at the hearing, since he had applied to build on his two lots. Engineer Hubbard pointed out that if the County would allow the City to dig up Silver Lake Road to cut the services across, the City would also be responsible for repairing the street when the work was completed, which would be very expensive. Attorney Meyers recommended that the property owners on the east side of Silver Lake Road be notified if a feasibility study was going to be done. 11SP (Baumgartner- Ziebarth) to direct the City Engineer and Staff to conduct a feasibility report on Project 1978 -5 and submit it to the Council on March 13, 1978. Administrator Achen recommended that the feasibility report include the possible benefit to those on the east side of Silver Lake Road, as well as those on the west. Mayor Pickar closed the Silver Lake Road public improvements hearing and opened the next public hearing. SEVEN- ELEVEN STORES CONDITIONAL USE PERMIT Mayor Pickar stated that the hearing was being continued from the January 23, 1978 City Council meeting. Dave Schaak, a representative from Seven- Eleven, stated that he had presented booklets for the Council to review at the last meeting and that he would be happy to clear up any questions the Council might have. Councilmember Ziebarth questioned what the parking would look like in the back of the store. Mr. Schaak replied that the Staff had recommended that 18 parking places be provided, and that they are planning 17 in front of the store, and one employee parking spot in back, but that they do not expect more than four or five spaces to be occupied at one time. Mayor Pickar expressed concern over possible stacking of vehicles at the gas pumps. Mr. Schaak replied that there would be 34 feet between the store and the island, with enough room for two waiting cars. Councilmember Ziebarth asked what was planned for store. fir. Schaak replied that he was only aware ing papers for the Jerry Lewis Muscular Dystrophy there. Councilmember Ziebarth stated that he was cluttered, with a dumpster for collecting papers, for shopping. 5 ayes the two dumpsters in front of the of one dumpster, which was collect drive, and that it would be left concerned with the area becoming cars pumping gas and cars parking Councilmember Baumgartner pointed out that Seven Eleven had stated that by 1980, better than 60% of all gas stations will be self- service and questioned how much that would increase the traffic at the Seven Eleven facility. Mr. Schaak replied that Seven- Eleven is not in the business to sell just gas, so he did not feel their traffic would increase proportionately to other service stations. He also stated that Seven- Eleven was higher priced than cut -rate stations. Administrator Achen February 13, 1978 Page 7 stated that he had just heard from the Highway Department that Seven Eleven was lower priced than other cut -rate stations for gas. Mr. Schaak replied that while Seven Eleven is usually two or three cents lower than a full service station, they are usually higher than the cut -rate stations. Councilmember Rowley asked what measures could be taken to avoid stacking and traffic problems at the intersection. Mr. Schaak replied that the average time spent in the store is approximately three minutes, which he did not feel would present any problems. Councilmember Baumgartner replied that he disagreed with Mr. Schaak since he had often experienced going into a store to pay for gas and having to wait for a clerk who was tied up with other customers. Councilmember Ziebarth stated that he was having trouble with the thought of a person who pumps gas and then goes into the store to pay for it and leaves his car at the pump. Councilmember Hodges stated that he felt the lot would be too crowded if pumps were put in. Administrator Achen suggested that perhaps one -way traffic into the lot and out of it would help the traffic problem. Mr. Schaak replied he would not like to see one way traffic as it would just add to the traffic going through the intersection as people would have to go around to enter or when exiting. He also stated that the employees could be instructed to turn off the pumps with a "kill switch" inside the store if customer parking at the pumps becomes a problem. Jessie Barnes, 7350 Silver Lake Road presented a petition of 50 property owners along Silver Lake Road and County Road H2 who were opposed to the installation of the gas pumps. Councilmember Baumgartner asked if the other Seven Eleven -stores have the same residential and intersection situations as the one at County Road H2 and Silver Lake Road. Mr. Schaak presented the Council with a traffic count of all the Seven Eleven stations and stated that he did not feel there would be any problem. He also stated that approximately 80% of the Seven- Eleven's selling gas are within 100' of residential property. Attorney Meyers stated that the ordinance involved falls under Chapter 40.17, Subdivision D (3). Councilmember Rowley stated that she assumed the Seven Eleven store would not be going out of business as did the one on Silver Lake Road and Mississippi but if it did, she asked if the City would be able to enforce the removal of the pumps. Administrator Achen replied that if the Council did approve Seven Eleven's request, they should specify that it be converted back to B -1 use if the stores goes defunct. Attorney Meye, ..s recommended that it be written into the development agreement. Mayor Pickar reported that the question of zoning had come up at the previous Council meeting and that the City Attorney had reviewed the issue and determined that the area is zoned for gas pumps. February 13, 1978 Page is MSF (Pickar Ziebarth) to approve the request of Seven Eleven for a conditional use permit, with the following conditions, that gasoline only be sold between the hours of 6 AM and 11 PM, because the inherent fire hazard is more difficult to respond to between 11 PM and 6 AM with a volunteer fire department, that any additional signing for gasoline sales be made part of the existing pedestal sign, with no additional sign bases allowed, and parking setbacks on the south property line to conform to the residential use, indicated in the Comprehensive Plan, of the adjacent property, and that the owners provide any necessary traffic control devices or personnel necessary to prevent waiting gasoline sales customers from parking, standing or stopping on the public right -of -ways adjacent to the property, and that a development agreement be entered into that the applicant agrees that the property should become B -1 if the business should become defunct, and screen- ing along the east side of the property and the south property line, with a 6 -8' fence to meet code requirements, with additional lightin in the rear yard, and concrete curbing and sod would be required, as specified in the zoning code, Chapter 40.04, Subdivisions F and G. 5 nayes Councilmember Ziebarth explained that he had seconded the motion just to get it on the floor for discussion. Councilmember Baumgartner stated that after listening to Attorney Meyers and referr- ing back to the Comprehensive.Plan, with all the time and n ney spent, the area was recommended to be B -1 and even though it is currently zoned B -3, which it has been since 1959 before Silver Lake Road was even through. He also stated that the Comprehensive Plan had been approved by the Planning Commission, City Council and Metro Council and-that he felt the corner was a very bad one for a gas station, with residential property on three sides and a proposed park across the street, and that it was out of character for the surrounding area. He added that the owners have not demonstrated a need other than to make money, and that he felt the useage would increase if more stations convert to self service. He also stated that only 13 parking spaces are shown on the drawing, which does not meet code requirements. Councilmember Baumgartner stated that he could not approve a conditional use permit until a traffic count was taken that would show not only present conditions but also projections for 1980 and beyond. He also stated that he was concerned with stacking problems. Councilmember Rowley stated that she agreed with Councilmember Baumgartner's comments and added that she felt the petition of signatures of residents against the gas pumps should be taken into consideration, as well as the traffic and safety problems. Councilmember Ziebarth stated that he could not vote in favor of the permit until further studies have been done on the traffic problems. Councilmember Hodges stated that he was concerned with the traffic and safety problems, and having a proposed park across the street. He also stated that the rezoning had been done with a dairy store in mind, not a gas station. Mayor Pickar stated that he would also like to see a traffic study before taking any further action. Councilmember Baumgartner suggested that a traffic study include projections of the gas sales presently and in 1980 and 1985, and pointed out that with the 60. increase expected in self service gas facilities, the traffic would increase noteably. Councilmember Ziebarth added that he was concerned past 1980 as that was less than two years away and recommended that any studies cover through 1990. February 13, 1978 Administrator Achen stated that the baseline for most traffic projects in the Twin Cities is 1985, and 1990, with ten year intervals after that. MSP (Baumgartner Rowley) to request Seven Eleven's owners to submit the average daily traffic projections of a comparable store with gas sales presently, with traffic counts for now and 1980 and 1985, and supply peak hour traffic ccunts for the present, 1980 and 1985, and traffic counts servicing roadways Silver Lake Road and County Road H2 for the present, 1980 and 1985 and driveway entrance useage counts for the present, 1980 and 1985. MSP (Ziebarth Pickar) to amend the previous motion to include the source and explanation for the counts. Jerry Brille, attorney for Seven- Eleven stated that it was important that they know exactly what the City was requiring of them before they went to the time and expense of the studies. Administrator Achen replied that he would contact Midwest Planning for direction and get in touch with Seven Eleven. Mayor Pickar closed the public hearing and reopened the regular meeting. ADMIPJISTRATOR ACHEN'S REPORT Administrator Achen reported that interviews had been set up for February 14, 1978 for the five candidates for the park commission, beginning at 6:30 PM. Administrator Achen reported that skating rinks will be in demand while schools are closed the week of February 20 and recommended that warming house attendants be extended another week at Woodcrest, Lambert and Hillview Parks, which would require a $600 appropriation from the contigency. MSP (Ziebarth Rowley) to extend the warming house attendants at Woodcrest, Lambert and Hillview Parks for one more week and appropriate $600 from the contigency. 5 ayes Administrator Achen reported that a legislative conference sponsored by the LMC and AMM is scheduled for March 1. Councilmembers Rowley and Ziebarth stated that they planned to attend. Administrator Achen reported that the cost of an aerial photo of the City would be $500 for the first copy, and $120 for the second copy. MSP (Pickar Baumgartner) to appropriate $620 from contingency to purchase two aerial maps of the City of Mounds View. Adminstrator Achen recommended that the Community Services Officer receive a raise to $3.75 an hour from his present $3.50, effective February 16, 1978 and reported that it was budgeted for. MSP (Ziebarth- Hodges) to approve a raise to $3.75 per hour for the Community Services Officer as recommended. Page 9 5 ayes 5 ayes 5 ayes 5 ayes Administrator Achen reported that the Governor's natural disaster conference would be held March 10. Councilmember Ziebarth stated that he would be interested in attending. February 13, 1978 Administrator Achen reported that Representative Paul McCarron is the primary sponsor of three bills on which the Council may wish to take a position. They are House File No. 1841, which prohibits the expansion of the Anoka airport either in terms of use, land acquisition or construction, House File No. 1842, which prohibits any expansion by land acquisition, construction or other improvements until a zoning authority is created, and House File No. 1955 which required that the Metropolitan Metropolitan Airports Commission provide com- pensation to ;property owners residing in the vicinity of a minor use airport that is being expanded for any loss in property value caused by the expansion. MSP (Pickar- Rowley) that the Mounds View City Council supports Representatives McCarron's three bills and any legislation restricting the use of Anoka County Airport as a heliport. ATTORNEY MEYERS REPORT Attorney Meyers reported that the Mounds View Square assessment hearing was almost finished and should be completed in April. Attorney Meyers also reported that the Stimpson case, regarding truck parking, is set for March 27. Attorney Meyers reported that the Council would not be required to give depositions on the James Refrigeration case. ENGINEER HUBBARD'S REPORT Engineer Hubbard stated that he had met with the contractor who would be doing the basement remodeling and that the work would begin on February 15 and would be completed by April 16. He also stated that the Park Department has expressed concern that the storage area would not be adequate and that they are looking into possibilities for further storage. Engineer Hubbard presented copies of the feasibility study for Northcrest Park, prepared by Short, Elliott and Hendrickson and stated that the public hearing on the issue would be on March 13, 1978. Administrator Achen stated that notice should be sent to everyone involved of the public hearing. COUNCILMEMBER BAUMGARTNER'S REPORT Councilmember Baumgartner had no report. COUNCILMEMBER ROWLEY'S REPORT Councilmember Rowley stated that she had attended the Lakeside Park meeting on February 9 with Councilmemher Baumgartner and Park Director Anderson and that the vacancies on the board had not been filled yet. She also stated that Mounds View was the only one who had a proposal to offer at the meeting. Councilmember Rowley reported that she had brought up the subject of turning the February 13, 1978 park over to Ramsey County and that she and Park Director Anderson would be going before the Spring Lake Park City Council with their proposal. Councilmember Rowley added that she had received the impression that if Mounds View does not push to have the park taken care of, nothing will happen. Attorney Meyers stated that he would check the deed to the park to see if it could be turned over to the County. COUNCILMEMBER ZIEBARTH'S REPORT Councilmember Ziebarth stated that he would like to see a massage parlor ordinance discussed in the near future. COUNCILMEMBER HODGE'S REPORT Councilmember Hodges stated that he had a report from the Youth Service Bureau available for anyone who wished to look at it, showing what they have done in the past year. Page 11 MAYOR PICKAR'S REPORT Mayor Pickar asked if legal notice had been published on the public hearing on the water and sewer project: Administrator Achen replied that notice had been published. MSP Ziebarth- Rowley) to adjourn the meeting at 12:05 AM. Respectfully Submitted, 1 Mark Achen Clerk /Administrator 5 ayes