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HomeMy WebLinkAboutMinutes - 2013/05/28PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting May 28, 2013 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 7:00 P.M. 1. MEETING IS CALLED TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Flaherty, Gunn, Hull, Meehlhause, Mueller NOT PRESENT: None. 4. APPROVAL OF AGENDA A. Monday, May 28, 2013, City Council Agenda. MOTION/SECOND: Mueller/Hull. To Approve the Monday, May 28 , 2013, agenda as presented. Ayes – 5 Nays – 0 Motion carried. 5. PUBLIC INPUT None. 6. SPECIAL ORDER OF BUSINESS A. Presentation of the Spring Lake Park, Blaine, Mounds View Fire Department Audit by Chief Nyle Zikmund Chief Zikmund presented the Council with the fire department audit. He noted this was his 19th year as Chief of the Spring Lake Park, Blaine and Mounds View Fire Department. He explained a qualified or clean rating was given to the department for year end 2012. Chief Zikmund indicated Tim Hill, a representative from Mounds View, was elected President of the Fire Board. He then reviewed the call volume for the City of Mounds View. It was noted the call volume in the City has plateaued over the past few years. Chief Zikmund invited the Council to visit Fire Station #3 to view the new Command Simulation Program on June 17th. Mayor Flaherty asked for further information on the makeup of the Mounds View, Blaine and Spring Lake Park fire department. Chief Zikmund explained the organizational structure of the Mounds View City Council May 28, 2013 Regular Meeting Page 2 non-profit organization stating the department was quite unique as the three cities control the budget and the organization was represented by a citizen board. He noted the department had five stations in operation during the day and four stations responding during the evening hours. He discussed the efficiency of the department’s model between the full-time and volunteer fireman. Mayor Flaherty requested further information regarding the home inspections program. Chief Forester provided comment on the Home Safety Survey Program noting it has been in operation since 1998. She indicated the program was funded through grants and provided smoke detectors, carbon monoxide detectors, gun locks and baby locks, where needed. She stated the program was very effective and has resulted in many “saves” throughout the community. She encouraged residents to contact the Fire Department for additional information on the Home Safety Survey Program. Mayor Flaherty thanked Chief Zikmund and Chief Forester for their reports this evening. 7. COUNCIL BUSINESS A. 7:05 p.m. Public Hearing, Resolution 8106, Consideration of a Conditional Use Permit for an Oversize Garage at 8478 Long Lake Road. Planning Associate Heller commented the applicant, Allen Hambleton, was requesting approval of a conditional use permit to construct an oversize detached garage on his property at 8478 Long Lake Road. The applicant wants to build a new 22’ x 56’ detached garage behind the existing detached garage. It was noted any building larger than 952 square feet must get City approval through the conditional use permitting process. Associate Heller explained City Code limits backyard building coverage to 20% of the yard area and this garage would use approximately 8% of the backyard area. She indicated the total accessory building square feet with the existing garage and the new garage would be 1,783 square feet, which is below the maximum of 1,800 square feet limit. The roof shall match or be similar to the character and style of the roof of the principal structure. In addition, the garage was to have a uniform appearance with the house. Associate Heller reviewed the request in further detail noting the Planning Commission reviewed this item on May 15th and recommended the Council approve the conditional use permit with conditions. Mayor Flaherty opened the public hearing at 7:42 p.m. Mayor Flaherty questioned how the applicant decided on the proposed garage size. Allen Hambleton, 8478 Long Lake Road, commented he measured the trailers and boats that he had and stated the proposed garage would allow for his boats and trailers to be stored indoors. Council Member Mueller asked if the garage would be used for automotive repairs or other commercial uses. Mr. Hambleton stated there would be no automotive repairs but noted he Mounds View City Council May 28, 2013 Regular Meeting Page 3 would be storing a work trailer in the garage. Sue Pearson, 8475 Sunnyside Road, explained the proposed garage would abut the rear of her property. She commented her home was built in 1976. She expressed concern with the proposed size of the garage and that it would be covered completely in metal. It was her opinion Mr. Hambleton would be erecting a pole barn and not a garage. She did not feel the oversized garage was a good fit for her residential neighborhood. Ms. Pearson recommended the existing garage be added on to as the oversized garage would adversely impact her property. She commented her garden would no longer have sunlight and exhaust fumes would now travel into her home. She questioned how many other homes would be building pole barns if this request were approved. Ms. Pearson suggested if the oversized garage were approved, she suggested the building be wood construction and not metal. She recommended the fencing be approved on the rear and side property lines. Robert Ringdahl, 8485 Sunnyside Road, presented the Council with a picture of his rear yard. He commented the proposed garage would greatly impact the view and enjoyment of his property. He questioned if the applicant had to have such a large garage in this residential neighborhood. He recommended the existing garage be replaced or expanded as this would minimize the impact on the neighbors. Mr. Ringdahl expressed concern that Mr. Hambleton’s personal business would be operating out of the proposed garage. He explained he did not oppose the garage entirely, but the proposed placement on the lot. He indicated his property value would decrease if a pole barn was erected on his rear property line. Hearing no further public input, Mayor Flaherty closed the public hearing at 8:01 p.m. Council Member Hull questioned if the City has approved a pole barn type garage before in Mounds View. Planning Associate Heller stated there were several metal-style garages in the City. Mayor Flaherty indicated that if Mr. Hambleton was building a 22 x 45 foot garage, he would not need City approval. He then asked if City Code differentiated between pole barns and garages. Planning Associate Heller explained the City labeled each of these an accessory building. Mayor Flaherty inquired if Mr. Hambleton stored windows on his property for his personal business. Mr. Hambleton stated he does store windows on his property, but does not manufacture the windows onsite. Mayor Flaherty questioned why the proposed building site was chosen. Mr. Hambleton commented the other side of his property had a large number of trees, and these would have to be removed to allow for the garage to be built. Mayor Flaherty encouraged Mr. Hambleton to work with his neighbors on a more amenable garage location. He preferred that the neighbors work together to resolve this issue and respect the rights of all parties involved. Mounds View City Council May 28, 2013 Regular Meeting Page 4 Council Member Mueller requested Staff review the Planning Commission’s recommendation. Planning Associate Heller indicated the Planning Commission voted 5:0 to recommend approval of the oversized garage with conditions. Council Member Gunn questioned why the applicant had not considered adding onto the existing garage. Mr. Hambleton stated he had not considered this as an option. He commented if this were done, he would have an 81 foot long garage. Council Member Gunn asked how many trees would be removed for the oversized garage. Mr. Hambleton commented one tree and one bush would be removed. Council Member Hull inquired if the applicant had room to expand the existing garage. Planning Associate Heller indicated this area did have room for expansion. Council Member Gunn questioned why the oversized garage was set back so far on the lot. Mr. Hambleton indicated he could pull the garage forward slightly, if necessary. Mayor Flaherty recommended Mr. Hambleton listen to the suggestions of his neighbors and work with them to reach an agreement on the garage placement. MOTION/SECOND: Mueller/Meehlhause. To Waive the Reading and Adopt Resolution 8106, Consideration of a Conditional Use Permit for an Oversize Garage at 8478 Long Lake Road. Council Member Mueller appreciated the comments and concerns expressed this evening. She encouraged the neighbors to work together to resolve this issue, while keeping in mind that Mr. Hambleton has the right to improve his property. She stated she supported the request before the Council this evening. Ayes – 4 Nays – 1 (Hull opposed) Motion carried. B. 7:05 p.m. Public Hearing, Introduction and First Reading of Ordinance 879, Amending Title 1100 of the Mounds View Zoning Code to Add Regulations for Cargo Containers. Planning Associate Heller stated Staff became aware of several cargo containers last year and did not recommend these be allowed to be used as storage sheds in residential zoning districts. She indicated the Planning Commission has discussed and reviewed the language within the Zoning Code and revisions were made. Staff discussed the proposed revisions in detail with the Council and recommended the Ordinance be introduced this evening. Mayor Flaherty opened the public hearing at 8:26 p.m. Victoria Simkins, 6928 Pleasant View Drive, discussed the Planning Commission’s recommendation to approve language that would amend the City’s zoning code regarding cargo containers. She explained that in 1997 she purchased a 20’ long by 8’ wide steel storage Mounds View City Council May 28, 2013 Regular Meeting Page 5 container after having to replace two other steel storage sheds. She stated in November of 2012 she received a removal order for her cargo container from the City. She then sent emails to Planning Associate Heller and to City Administrator Ericson on November 20, 2012 with pictures of her cargo container to City Staff. She received no verbal or written response from either Staff member and considered the matter settled until receiving the public hearing notice for this evenings meeting. Ms. Simkins stated she received an estimate to replace the steel cargo container and it was between $5,000-6,000. She explained her cargo container served as a garage and has done so for the past 15 years. She indicated she has had no objections from her neighbors and suggested the cargo container remain in place and be repainted to match the principal structure. She respectfully requested that her container be grandfathered in. Hearing no further public input, Mayor Flaherty closed the public hearing at 8:31 p.m. Council Member Meehlhause asked if the City was contacted prior to the cargo container purchase. Ms. Simkins stated she did not contact Staff, as the unit was sold to her as a solid steel storage container. Council Member Meehlhause questioned if the City Code would have allowed a cargo container in 1997. City Administrator Ericson explained a cargo container did not meet the definition of an accessory building and would not have been allowed to proceed in 1997. He commented while the language does not discuss “cargo containers,” the language does speak to typical uses within a residential district. Council Member Meehlhause inquired if the proposed language revisions would protect the City from a resident using a boxcar or semi-trailer as a shed. He was in favor of the language being more specific. Planning Associate Heller commented this was addressed in Subdivision 14. Council Member Hull asked how many properties had a cargo container at this time. Planning Associate Heller indicated she was aware of two cargo containers in the City within the residential zoning district. Mayor Flaherty questioned how the Council should address the two residential properties with cargo containers. He indicated the container could be grandfathered in, be removed or the Council could allow her more time to replace the unit. Council Member Gunn stated she was in favor of grandfathering the container in with conditions that if the garage were replaced, the container be removed; that if the property were sold, the container be removed; and that the container surround be repainted and improved to match the principal structure. Council Member Mueller indicated she was not in favor of allowing the cargo container to remain on this property. It was her understanding cargo containers were never allowed in residential zoning district. She supported the Ordinance amendments as written. Mounds View City Council May 28, 2013 Regular Meeting Page 6 Council Member Hull questioned if Ms. Simkins could apply for a variance to keep the container. Planning Associate Heller did not believe this would be an option. Mayor Flaherty inquired if a shed could be built around the cargo container. City Administrator Ericson explained the City does not regulate what residents store inside their accessory structures. Mayor Flaherty asked if the City could give Ms. Simkins more time to remove the cargo container. Ms. Simkins stated the problem was that she was currently unemployed and has been for the last eight months. She commented that it would not be possible for her to remove the container and build an accessory structure in the near future. Council Member Meehlhause questioned if the storage container were grandfathered in, if Ms. Simkins would apply for an accessory structure permit. Ms. Simkins stated she would be willing to apply for a permit. Council Member Mueller indicated the cargo container did not have an improved surface underneath it and the accessory structure permit could not be approved. She explained it was unfortunate that Ms. Simkins was misled to believe the cargo container was allowed. However, this simply was not and has not ever been the case. She did not believe a cargo container could serve as an accessory structure. Ms. Simkins stated she has been living in Mounds View for 28 years and has had her storage container for the past 16 years. She indicated this container has not adversely impacted her neighbors in any way. She requested again that her container be grandfathered in. Council Member Gunn explained in the past, double curb cuts were grandfathered in when the Zoning Code was amended. She recommended this same action be taken with the cargo container. Mayor Flaherty noted the container has been on this property for the past 16 years and the property has received no complaints from the neighboring properties. He was in favor of strengthening the City’s Zoning Code, but supported Ms. Simkins’ request to grandfather in her cargo container. He questioned how to proceed with a motion to this effect. City Administrator Ericson stated the Council could proceed giving direction to Staff to revise Subdivision 3. Staff could then speak further with the City Attorney to modify this section of the Ordinance, which would then be reviewed by the Council during the Second Reading. Council Member Mueller expressed concern that the cargo container could be leaking lead-based paint into the soil as it was not placed on an improved surface and its country of origin was unknown. MOTION/SECOND: Gunn/Hull. To Waive the First Reading and Introduce Ordinance 879, Amending Title 1100 of the Mounds View Zoning Code to Add Regulations for Cargo Mounds View City Council May 28, 2013 Regular Meeting Page 7 Containers, revising Subdivision 3 and requiring Ms. Simkins to apply for an accessory structure permit. Mayor Flaherty requested Staff investigate the exterior of the cargo container to assure that there is no lead-based paint seeping into the surrounding soil. City Administrator Ericson noted he would review this matter further. Ayes – 5 Nays – 0 Motion carried. C. Continued Public Hearing, Resolution 8093, a Resolution to Consider Approval of an On-Sale Intoxicating Liquor License for Moe’s located at 2400 County Highway 10. Assistant City Administrator Crane stated that Moe’s has still not submitted the necessary paperwork and fees for their liquor license. She indicated the owner has requested an extension to the June 10th City Council meeting. She explained to the owner that this would be the last possible day for the Council to review the matter. If the paperwork were not submitted prior to June 10th, the applicant would have to reapply for a new liquor license. Staff recommended the Public Hearing be continued to the June 10th City Council meeting. MOTION/SECOND: Mueller/Hull. To Continue this Item to the June 10, 2013, City Council Meeting. Ayes – 5 Nays – 0 Motion carried. D. Continued Public Hearing, Resolution 8096, a Resolution to Consider Approval of an Off-Sale Intoxicating Liquor License for ABC Liquor, located at 2840 County Highway 10. Assistant City Administrator Crane stated that Staff received all necessary paperwork and fees for an Off-Sale Intoxicating Liquor License for ABC Liquor located at 2840 County Highway 10. She stated approval would be contingent upon a satisfactory compliance check, fire inspection and criminal background check. She noted the license period would be from July 1, 2013 through June 30, 2014. Mayor Flaherty questioned if the applicant was aware of the May 8th deadline for the liquor license paperwork. Konjite Bubeta, ABC Liquor, was aware of the deadline but turned in her paperwork to Staff after May 8th. Hearing no further public input, Mayor Flaherty closed the public hearing at 8:58 p.m. MOTION/SECOND: Mueller/Hull. To Waive the Reading and Adopt Resolution 8096, a Resolution to Consider Approval of an Off-Sale Intoxicating Liquor License for ABC Liquor, located at 2840 County Highway 10, contingent upon a satisfactory compliance check, fire inspection and criminal background check. Mounds View City Council May 28, 2013 Regular Meeting Page 8 Ayes – 5 Nays – 0 Motion carried. E. Resolution 8107, Supporting Council Member Carol Mueller’s Application to Serve on the League of Minnesota Cities Board of Directors. City Administrator Ericson stated Council Member Mueller has applied to serve on the League of Minnesota Cities Board of Directors. He indicated Council Member Mueller would be a great fit for this organization and a resolution of support would benefit for application. Staff recommended approval of the Resolution of Support. MOTION/SECOND: Meehlhause/Gunn. To Adopt Resolution 8107, Supporting Council Member Carol Mueller’s Application to Serve on the League of Minnesota Cities Board of Directors. Mayor Flaherty stated Council Member Mueller was a person of high character and integrity and he fully supported the Resolution. Ayes – 4 Nays – 0 Motion carried. (Mueller abstained) F. Resolution 8108, Authorizing Stantec Consulting Services Inc. to Perform Professional Engineering Design Services and Prepare Bidding Documents for Area G of the Street and Utility Improvement Program. Public Works Director DeBar stated the City would be starting Area G of the Street and Utility Improvement Program in 2014. Area G was 1.8 miles in size in the north/northeast portion of the City. He stated Public Works has solicited a bid for professional engineering services from Stantec. He reviewed the proposed expenses for the construction project and recommended the Council authorize Stantec Consulting to perform these services for Area G. He discussed the possibility of combining Area’s G and H. This item was discussed by the Street and Utility Committee and it was recommended Area G be completed on its own. Mayor Flaherty questioned how the Council wanted to proceed with this project. Council Member Gunn was in favor of proceeding with Staff’s recommendation and allow Area G to remain a solo project. Council Member Mueller agreed as this was the recommendation of Staff and the Streets and Utility Committee. Council Member Meehlhause questioned how this delay would affect the future financing of Area H. Finance Director Beer discussed which TIF funds would be available for future projects in 2014 and 2015. Mayor Flaherty was in favor of keeping Area G and Area H separate. Mounds View City Council May 28, 2013 Regular Meeting Page 9 MOTION/SECOND: Gunn/Mueller. To Waive the Reading and Adopt Resolution 8108, Authorizing Stantec Consulting Services Inc. to Perform Professional Engineering Design Services and Prepare Bidding Documents for Area G of the Street and Utility Improvement Program. Ayes – 5 Nays – 0 Motion carried. 8. CONSENT AGENDA None. 9. JUST AND CORRECT CLAIMS Finance Director Beer answered the Council's questions related to claims. MOTION/SECOND: Mueller/Hull. To Approve the Just and Correct Claims as presented. Ayes – 5 Nays – 0 Motion carried. 10. APPROVAL OF MINUTES A. April 8, 2013, City Council Meeting Minutes. MOTION/SECOND: Mueller/Gunn. To Approve the April 8, 2013, City Council meeting minutes as presented. Ayes – 5 Nays – 0 Motion carried. 11. REPORTS A. Reports of Mayor and Council. Council Member Mueller stated the Ramsey County League of Local Government would be meeting on Thursday and would be discussing the schools at the St. Paul Schools building. Council Member Mueller indicated the Mounds View Festival in the Park Committee met last Tuesday and was still in need of volunteers. She encouraged those interested to contact City Hall for further information. Council Member Gunn explained she attended the Lego Robotics Team celebration at Irondale High School this evening. She commended the team for winning the Minnesota State High School League 1st Championships on May 18th. She stated she invited the team to attend an upcoming Council meeting. Council Member Gunn stated Irondale Graduation would be held on Tuesday, June 4th. Mounds View City Council May 28, 2013 Regular Meeting Page 10 Council Member Meehlhause commented he attended an orchestra concert at Bethel University for Edgewood Middle School last week. He noted the orchestra teacher Ms. Sysko would be retiring this year. Council Member Mueller thanked everyone in the community for their outpouring of support for her husband, Dan Mueller. Mayor Flaherty stated Governor Dayton was seeking applicants for Met Council along with recommendations regarding the redistricting of the State. B. Reports of Staff. City Administrator Ericson commented Aviation Days would be held on June 1st and 2nd at the Blaine/Anoka County Airport. He encouraged all to attend. City Administrator Ericson stated the Council was invited to the TCAAP Groundbreaking Ceremony, which would be held on June 7, 2013 from 3:00 p.m. to 5:00 p.m. City Administrator Ericson explained that Fire Chief Zikmund has invited the Council to visit Fire Station #3 on Monday, June 17th at 6:00 p.m. Finance Director Beer reviewed the City’s waterline insurance with the Council. He recommended Council reconsider the fee for this insurance at a future meeting. 1. Public Works Quarterly Report Public Works Director DeBar reviewed the Public Works first quarterly report in detail with the Council. He noted a great deal of snow removal was done this past winter. He stated this winter proved to be a great year for the park hockey rinks. He then reviewed the call out events, the amount of water usage and number of water main breaks for the previous quarter. Public Works Director DeBar discussed the shifts in Public Works personnel this year. He stated Area F of the Streets and Utility Improvement Project would begin this spring. He commented the Highway 35W Corridor Study was reviewed. He reported the water tower project was complete and came in $46,000 under budget. He thanked KLM for their assistance. Public Works Director DeBar stated the Community Center was reroofed and came in under budget. He then discussed the numerous benefits of the newly installed automation system at the Community Center. He noted Staff continues to address the humidity concerns at the Community Center. C. Reports of City Attorney. City Attorney Riggs had nothing additional to report. Mounds View City Council May 28, 2013 Regular Meeting Page 11 12. Next Council Work Session: Monday, June 3, 2013, at 7:00 p.m. Next Council Meeting: Monday, June 10, 2013, at 7:00 p.m. 13. ADJOURNMENT The meeting was adjourned at 10:08 p.m. Transcribed by: Heidi Guenther TimeSaver Off Site Secretarial, Inc.