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HomeMy WebLinkAboutMinutes - 1981/04/27The Mounds View City Council was called to order at 7 :30 p.m. on April 27, 1981, by Mayor McCarty. MEMBERS PRESENT: Councilmembers Blanchard, Doty, Forslund, Hodges, and Mayor McCarty. ALSO PRESENT: City Attorney Meyers, Clerk/ Administrator Pauley, Public Works Superin- tendent Decheine and...Finance Director Brager. Mayor McCarty presented Neil Loeding, former Planning Commission member with a Certificate of Appreciation from the City. He noted that Mr. Loeding had served the City for the past four years. REGULAR MEETING CLOSED: 7:34 p.m. PUBLIC HEARING OPENED: 7 :34 p.m. Mr. James A. Trapp, 8018 Sunnyside Road, was in attendance. He stated that his accessory building would have a foundation underneath of it, and also that it would be located away from the house. Discussion took place on square footage require- ments for accessory buildings. It was stated that Conditional Use Permits are required for accessory buildings larger than 216 square feet. Mr. Trapp stated that his lot dimension was 85 feet by 280 feet. Further that he has an above ground swimming pool in his rear yard. Attorney Meyers stated that accessory buildings cannot be larger than 25 percent of the rear yard. MOTION: Mayor McCarty made a motion, seconded by Councilmember Doty to grant the Conditional Use Permit for a 280 square foot accessory building for James A. Trapp at 8018 Sunnyside Road. Discussion of the Motion: PROCEEDINGS OF THE CITY COUNCIL DATE APPROVED: 5/11/81 CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting April 27, 1981 Mounds View City Hall 2401 Hwy. 10, Mounds View, MN 55112 1. Call to Order 2. Roll Call 3. Presentation of Certificate to Neil Loeding 4. Public Hearing Conditional Use Permit for an Oversized Accessory Building at 8018 Sunnyside Road James A. Trapp Case 71 -80 MOUNDS VIEW CITY COUNCIL April 27, 1981 Regular Meeting Page Two. Ordinance requirements and what other cities allow for accessory buildings was discussed. Forslund: Stated that she feels that a Conditional Use Permit can be applied for and granted for an accessory building in an R -1 district if the building is less than 216 square feet and not in excess of 25% of the rear yard area Hodges: Asked if the garage was attached to the house. Mr. Trapp stated that it was. Mr. Trapp further stated that the materials that would be used for the accessory building would be the same as what is on the house and also that the accessory building would be on a floating slab with pins that would go down into the concrete. PUBLIC HEARING CLOSED: 7:46 p.m. REGULAR MEETING RE- OPENED: 7:46 p.m. Call of the Motion. Ayes -5 Nays -0 MOTION CARRIED. REGULAR MEETING CLOSED: 7:47 p.m. PUBLIC HEARING OPENED: 7:47 p.m. Mr. Jack Welch, representing Scott Builders, was in attendance. 5. Discussion took place regarding the placement of the sanitary sewer. Mr. Welch stated that they are not sure of the exact location of the sewer line, but that they are aware that if the sewer line is located under a footing that they will have to move it or relocate the entire line. Discussion took place on deed restrictions as recommended by Northwest Associated Consultants, Inc. on page 3 of their memorandum dated November 5, 1980. Tom Herron, 5289 O'Connell Drive, asked for clarifica- tion of where Mr. Donut would be located. Also, if it would be a 24 hour establishment. Mr. Welch showed the location of the proposed Mr. Donut. He said that it's on Greenfield next to Brooks Superette. He said that the hours would depend on the Franchise that would be coming in. Mr. Herron stated that he felt that there would be traffic congestion there at night. Mayor McCarty read Engineers' comments regarding traffic. Mike Roos, 5260 Greenfield, talked about food odors from Anchor Inn when the wind changes direction. Conditional Use Permit for Convenience Food Establish- ment, (Mr. Donut), B -3 zone, Scott Builders, 2390 Hwy 10, Case 64 -80 MOUNDS VIEW CITY COUNCIL April 27, 1981 Regular Meeting Page Three. Karen Lake, 5259 O'Connell, is not in favor of Mr. Donut because they are open late and because of increased traffic in the area late at night. Traffic counts that had been made were discussed. PUBLIC HEARING CLOSED: 8:01 p.m. REGULAR MEETING RE- OPENED: 8:01 p.m. MOTION: Councilmember Hodges made a motion, seconded by Councilmember Forslund to grant the Conditional Use Permit for Mr. Donut and to adopt Resolution 1273, and to waive the reading of the Resolution. Ayes -5 Nays -0 MOTION CARRIED. Corrections: 6. Approval of the April 13, 1981, Regular Meeting Minutes Forslund: Russell Rahl should be Russell 1W bottom of page 1, and also on the bottom of page 3. MOTION: Councilmember Forslund made a motion, se co�nced by Councilmember Doty to accept the Minutes of the April 13, 1981, Regular Meeting as corrected. Ayes -5 Nays -0 MOTION CARRIED. There were no comments from the audience. Mayor McCarty asked that Item C be removed from the Consent Agenda for discussion. MOTION: Councilmember Hodges made a motion, seconded by Councilmember Blanchard to approve the Consent Agenda (eliminating Item C) and to waive the reading of the Resolutions. Ayes -5 Nays -0 MOTION CARRIED. MOTION: Mayor McCarty made a motion, seconded by touncilmember Doty to change paragraph #3 of Resolution 1248 to read as follows: "Whereas, it has been determined that a moratorium cannot be placed on the enforcement of a Municipal Police Ordinance by Resolution Ayes -5 Nays -0 MOTION CARRIED. 7. Residents Requests and Comments from the Floor. 8. Approval of Consent Agenda. MOUNDS VIEW CITY COUNCIL April 27, 1981 Regular Meeting Page Four. MOTION: Mayor McCarty made a motion seconded by Councilmember Forslund,to adopt kesolution 1248 as amended. Ayes -5 Nays -0 MOTION CARRIED. MOTION: Councilmember Forslund made a motion, seconded by Councilmember Hodges to approve the second reading of Ordinance No. 302. Ayes -5 Nays -0 MOTION CARRIED. Clerk /Administrator Pauley read Ordinance No. 302. MOTION: Councilmember Forslund made a motion, seed by Councilmember Hodges to adopt Ordinance No. 302. Vote was taken by calling of the roll. Ayes -5 Nays -0 MOTION CARRIED. Those persons indicating a desire to speak on this issue, signed in as follows: Jerry Linke Rod Halvorson Clare D. Geerts Homberto Martinez John Winiecki Roger Baumgartner Kathleen Long Judy Rowley Tom Rowley Arnold Marquette Phil Koski Mrs. Elizabeth Shel Ron Ward Harold Finney Dan Snare Doris Olson Orville Olson 2319 Knoll Drive 2629 Ridge Lane 7600 Knollwood Drive 5144 Long Lake Road 7575 Groveland Road 7585 Knollwood Drive 2604 Ridge Lane 2562 Ridge Lane 2562 Ridge Lane 7584 Groveland Road 7588 Groveland Road quist 8025 Fairchild 6960 Silver Lake Road 7624 Spring Lake Road 5138 Long Lake Road 8101 Edgewood Drive 8101 Edgewood Drive Dan Snare, 5138 Long Lake Road, is in favor of the truck Ordinance. He said that he had turned in a petition some time ago. He gave copies of the former petition to the Council which was in favor of the original Ordinance. Harold Finney, 7624 Spring Lake Road, owns a new dump truck. He parks it at home. He can't park the truck at the construction site because of vandalism. 9. Second reading of Ordinance No. 302, amending the Code of Mounds View by amending Chapter 41, entitled "Specific Rezoning 10. First reading of Ordinance No. 303, amending Code of Mounds View by amending Chapter 81, entitled "Parking MOUNDS VIEW CITY COUNCIL April 27, 1981 Regular Meeting. Page Five. Phil Koski, 7588 Groveland Road, is against the parking of trucks in residential areas. Arnold Marquette, 7584 Groveland Road, is against parking trucks on residential streets. Judy Rowley, 2562 Ridge Lane, is in favor of the Ordinance as it is now written. Discussed noise factors briefly. Further, that she has the same concerns as she did when the Ordinance first went into effect. Kathleen Long, 2604 Ridge Lane, is against the parking of semi's in driveways or streets. Also, that the trucks made alot of noise. Roger Baumgartner, 7585 Knollwood Drive, is in favor of the Ordinance as it exists now. He talked about a flat bed truck that had previously blocked traffic lanes on Silver Lake Road. He asked what heavy vehicles were going to do on the small interior streets. Councilmember Doty talked about heavy vehicles (i.e. buses, garbage trucks) that use the streets. John Winiecki, 7575 Groveland Road, with the road restrictions he cannot get a load of black dirt down the street. He opposes changing the Ordinance. Homberto Martinez, 5144 Long Lake Road, opposes the parking of trucks in residential areas. Talked about the noise and hazards of parking trucks in residential areas. Jerry Linke, 2319 Knoll Drive, is against the parking of semi's on residential streets or avenues. Rod Halvorson, 2629 Ridge Lane, sympathizes with the truck drivers regarding parking, but is opposed to them parking on streets in residential areas. Clare Geerts, 7600 Knollwood Drive, opposes any changes to the Ordinance because of comments that have already been made. Mrs. Elizabeth (Betty) Shelquist, 8025 Fairchild, stated that when they first moved into the village, they came in and got a Zoning Ordinance. In 1963 trucks were not allowed in residential areas. She is opposed to changing the Ordinance because of several reason, mainly because she feels that when you invest in an R -1 District there are certain laws protecting the homeowners. Her neighbor has a truck and she feels that this devalues the homeowners property and the neighborhood. She stated that they have never been allowed to park before and why should the Ordinance be changed now. MOUNDS VIEW CITY COUNCIL Regular Meeting. Page ge Six. 1981 Mrs. Shelquist talked about a flat bed truck that had parked on the street without it's lights on. Further that a petition had been obtained, at the time when the first Ordinance went into effect, with approximately 300 names on it She asked what the Attorney's opinion was if this went to court. Discussion took place on the petitions that had orginally been submitted when the Ordinance had gone into effect. Attorney Meyers discussed a few cases that had previously challenged parking Ordinances. He said that Ordinances are construed to be constitutional unless shown otherwise. Also, that parking fee schedules are set by the Courts. Councilmember Doty asked if there was a parking Ordinance in 1963? Attorney Meyers stated that the Ordinance had been adopted in 1976. Mrs. Shelquist stated that she feels that a respon- sible person would not take a truck home in a residential area. She said that in 1959, if you operated a business that there were certain parking restrictions, that if you operated a business, or parked a truck for a business, that it could only be done in certain zones. She asked Council to consider a refrigeration truck that would need to run all night. Attorney Meyers talked about the Home Occupation part of the Ordinance. He discussed the differences between parking a truck and a recreational vehicle on property. He stated that no truck can be parked on a street for more than two hours. Judy Rowley,stated that she had gone through her files and had found a copy of one of the original petitions. She said that a survey had gone out through the Newsletter at that time. She said that there had been two (2) petitions when the Ordinance had gone into effect. Mayor McCarty said that the issue of the truck parking Ordinance had been talked about at the last meeting. He said that a decision would not be made until after the 2nd reading of Ordinance No. 303. Clerk /Administrator Pauley, stated that in the June 20, 1977, Minutes, it states that a Newsletter went out with a survey for recreational vehicles. That there had been 132 responses, of which 70% had been owners of recreational vehicles. Further that staff would look again for the original petitions. Mayor McCarty discussed the enforcement of the Ordinance. Councilmember Blanchard stated that 4 between November of 1977 and April 1st of this year, that 438 tags had been issued of which 227 were to one person on a complaint type basis. Ron Ward, 6960 Silver Lake Road, he has parked his truck in his yard for the last 3 years.and has not had a ticket or accident and does not feel that he is a safety hazard. He said thatthe roads are 9 ton design and that he cannot hurt the roads. He further stated that his tractor and trailer weight 26,000 pounds. Further that he feels that 3 tons per axle is not too much for the roads. Also that road limits are put on by those who construct the roads. 4 MOUNDS VIEW CITY COUNCIL April 27, 1981 Regular Meeting. Page Seven. Roger Baumgartner, 7585 Knollwood Drive, stated that in order for people to get in they need to come in on the streets. Jean Miller, 2291 Hillsview Road, stated that 3 or 4 times a year cars cut up her yard, also the snowmobiles, but not trucks. Clerk /Administrator Pauley gave the Council a letter that he had received concerning this issue to be made part of the record. MOTION: Councilmember Doty made a motion, seconded by Councilmember Forslund to approve the first reading of Ordinance No. 303. Vote was taken by calling of the roll. Ayes -3 Nays -2 (Councilmembers Blanchard and Hodges voted nay). MOTION CARRIED. Clerk /Administrator Pauley read Ordinance No. 303. COUNCIL RECESSED FOR A BREAK: 8:48 p.m. COUNCIL RE- CONVENED AT: 9:05 p.m. Clerk /Administrator Pauley showed the Site Plan, 11. Approval of Silver View Bloh Plan and Site Analysis of the Master Plan. Park Master Plan He stated that he believes that the only change that has been made is the addition of two more tennis courts making a total of four tennis courts. Mr. Jerry Linke, Parks /Recreation, was in attendance to answer questions. MOUNDS VIEW CITY COUNCIL April 27, 1981 Regular Meeting Page Eight. Summary of Discussion: Walkway entrance moved closer to Bronson. Walk- way to go through residential area. Northerly most lots exit onto Silver Lake Road. The lots further south exit to the cul -de -sac. Entrance to the cul -de -sac and the entrance to Bronson were too close, therefore moved to create larger distances between accesses. The need to acquire another walkway easement. Drainage and elevation of the development. MOTION: Mayor McCarty made a motion, seconded byncilmember Hodges to tentatively approve the Silver View Park Master Plan and to direct staff to draw up specifications for Phase I of the development and before bids have been let to obtain approval of the plan from the Planning Commission. Ayes -5 Nays -0 MOTION CARRIED. MOTION: Councilmember Doty made a motion, seconded 12. Approval of Resolution byncilmember Forslund to adopt Resolution 1274- No. 1274 Park Referendum ParK Board referendum Task Force, and to waive the Tax Force. reading of the resolution. Ayes -5 Nays -0 MOTION CARRIED. Discussion took place regarding error in payment to Kraus Anderson for property that the City had pur- chased and the action that the City had taken to complete the transaction. Clerk /Administrator Pauley stated that Parks 13. First Quarter 1981 Staff and Recreation Director Anderson and Police Report Chief Grabowski were unable to attend the meeting this evening. Public Works Superintendent Decheine stated that Bill Hanson and Chris Weston had both passed their Class D State of Minnesota Certification to operate a water treatment plant. He discussed the flushing of the lines. Further that Lift Station #5 is out of service. He stated that they have budgeted for part -time help, and that for the past 2 years they have hired the same man and that they would like to rehire him again this year. Consensus of the City Council was that it would be alright to rehire the same man. Council instructed staff to draw up a Resolution for this for the next agenda meeting. eTh MOUNDS VIEW CITY COUNCIL April 27, 1981 Regular Meeting Page Nine. Discussion took place on the expenditures for snow plowing. Superintendent Decheine stated that the necessary repairs to Quincy would be completed when the weather permits. Mayor McCarty asked if the garage would be open on Saturday morning for Clean -Up Day? Superintendent Decheine stated that the garage would be set up and open by 8:00 a.m. on Saturday. Clerk /Administrator Pauley briefly discussed the 8% levy limitation in the governors revised budget. He stated that if possible he would notify Council as to the date of the Committee meeting. Finance Director Brager made a presentation of his financial report. He stated that he had met with Greg Murphy of Hanson Company today regarding the rough draft of the audit. Further that final copies of the draft should be out next week. Discussion in length took place regarding the 8% levy limitation and the possible effects that this would have on the City. Finance Director Brager showed and discussed in length a 3 year comparative on how the 8% levy limitation could affect the City. Discussion took place on bonds, bond interest, special assessments, 1980 property taxes. Council instructed Clerk /Administrator Pauley to draw up a resolution for the legislature opposing the 8% levy limitation, to deliver resolution to Councilmembers by Wednesday, and to authorize the Mayor to deliver it to the City's legislative representatives. Michael Chilinski, 5242 Red Oak Drive, was in attendance. He asked for the hearing to be set as soon as possible. He stated that he had called Ramsey County for lot size and was told that it was 89' by 134'. He stated that his garage is 24' and the house is 34'. Further that with a metal detector he had found the irons on the south side of his lot, but was unable to find the ones on the north. Also talked about the back of his lot being low. Summary of Discussion: Planning Commissions denial action on the request. 14. Consideration of request for Variance Appeal 5242 Red Oak Drive, and setting a public hearing for May 11, 1981. MOUNDS VIEW CITY COUNCIL April 27, 1981 Regular Meeting Page Ten. The fact that the builder had only applied for but had not acquired a Building Permit. Blanchard: She thinks that the Planning Commission made the correct action. She questioned a violation of the City Ordinance because the contractor started building before a Permit had been issued. Hodges: Was wondering why the contractor had proceeded to build without a Permit. Forslund: Agrees with Planning Commission MTh that there was some sort of break -down of communications. Clerk /Administrator Pauley stated that several phone calls and a letter had been sent to the contractor, but there had been no response. Further that he would have a survey done to locate corner stakes. Doty: He feels that the Contractor should find some viable alternatives to the problem. MOTION: Councilmember Forslund made a motion, seconded by Councilmember Doty to accept the appeal and to set a public hearing on May 11, 1981, at 7:35 p.m. Ayes -5 Nays -0 MOTION CARRIED. Consensus of the Council was to review the contractors license at the May 11, 1981, meeting. Attorney Meyers discussed Minnesota Statute 462.356, subd. 2, regarding Capital Improvements Plan. He stated that the Capital Improvements Plan for the Silver View Park Plan has to be reviewed by the Planning Commission. Attorney Meyers briefly discussed the Airport issue and Minnesota Statute 473.641, subd. 4. Clerk /Administrator Pauley stated that he had no report. Blanchard: Reminded Council and citizens of meeting on Tuesday, April 28, 1981, at 8:00 p.m. at the City Hall regarding budget cuts. Doty: Noted actions from the Parks and Recreation Commission Meeting that was held on 15. City Attorney's Report 16. Report of City Administrator 17. Report of Councilmembers MOUNDS VIEW CITY COUNCIL Regular Meeting April 23, 1981. He stated that he would like to have a file drawer where Councilmembers could keep some of their project files and minutes from past meetings. Hodges: Noted signage problem for the handicapped between Angles Pizza and Budget:Liquor. He further noted that a neighbor had contacted him regarding basement height for +an addition. They presently have 7'ceilingand the State Building Code requires that the ceiling be 7'8 Clerk /Administrator Pauley stated that .a commission will be proposed to look =at' variances to the. State Building Code.. MOTION: Councilmember Forslund made a motion, seconded by Councilmenter Doty to accept the annual report from the Spring Lake Park and Mounds View Fire Department. Ayes -5 Nays -0 MOTION CARRIED. McCarty: Stated that Clean -Up Day would be on Saturday. He discussed the Resolution regarding Lakeside Park. Further that he would be attending a meeting with the Fire Department to discuss thl proposed contract on Wednesday, April 29, 1981. MOTION: Councilmember Blanchard made a motion, 18. Adjournment. seconded by Councilmember Doty to adjourn. Ayes -5 Nays -0 Meeting was adjourned at 11:21 p.m. kp MOTION CARRIED. 1-',, tfully submit F. Pauley, Cl April 27, 1981 Page Eleven. strator Jerry Linke Rod Halvorson Clare D. Geerts Humberto Martinez John Winiecki Roger Baumgartner Kathleen Long Judy Rowley Tom Rowley Arnold Marquette Phil Koski Mrs. Elizabeth Shelquist Ron Wood Harold E. Finney Dan Snare Doris Olson Orville Olson APRIL 27, 1981 COUNCIL MEETING RESIDENTS PRESENT REGARDING TRUCK ORDINANCE 2;19 Knoll Drive 2629 Ridge Lane 7600 Knollwoc2 Drive 5144 Long Lake Road 7575 Groveland Road 7585 Knollwood Drive 2604 Ridge Lane 2562 Ridge Lane 2562 Ridge Lane 7584 Groveland Road 7588 Groveland Road 8025 Fairchild 6960 Silver Lake Road 7624 Spring Lake Road 5138 Long Lake Road 8101 Edgewood Drive 8101 Edgewood Drive