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Minutes - 1996/06/24
r~ Page 1 June 24, 1996 Mounds View City Council PROCEEDINGS OF THE CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting June 24, 1996 Mounds View City Hall 2401 Hwy. 10, Mounds View, MN 55112 CALL TO ORDER The Mounds View City Council was called to order by Mayor Linke at 7:00 p.m. on June 24, 1996. PLEDGE OF ALLEGIANCE • ROLL CALL • MEMBERS PRESENT: Mayor Linke, Council members Trude, Blanchard, Quick and Hankner ALSO PRESENT: Chuck Whiting, City Administrator Joyce Pruitt, Planning Associate Cathy Bennett, Economic Development Coordinator ADDITIONS TO THE AGENDA: There were no additions to the Agenda. APPROVAL OF MINUTES: a. June 10, 1996 Regular City Council Meeting. MOTION/SECOND: TrudeBlanchard to approve the minutes of the Regular City Council Meeting on June 10, 1986, as presented. VOTE: 5 ayes 0 nays Motion Carried ACCEPTANCE OF ADVISORY COMMISSION MINUTES: Planning Commission Minutes -May 1, 1996 and Park and Recreation Commission Minutes - Apri125, 1996. • Page 2 June 24, 1996 Mounds View City Council MOTION/SECOND: Trude/Hankner to accept the Planning Commission Minutes of May 1, 1996 and the Park and Recreation Commission Minutes of Apri125, 1996 as presented. VOTE: 5 ayes 0 nays Motion Carried SPECIAL ORDER OF BUSINESS: a. Consideration of Adoption and Presentation of Resolution No. 4965, Commendation to Michele Numainville Chambers, Administrative Secretary/Deputy Clerk. Mayor Linke read Resolution No. 4965. MOTION/SECOND: Linke/Quick to Adopt Resolution No. 4965, Commendation to Michele Numainville Chambers, Administrative Secretary/Deputy Clerk. VOTE: 5 ayes 0 nays Motion Carried • Ms. Numainville Chambers will be presented with a plaque in recognition of her dedicated service to the City of Mounds View. b. Presentation of Proclamation for Business of the Year Award for the 1996 New Brighton -Mounds View Area Chamber of Commerce. Mayor Linke explained that this was a joint proclamation by the Mayor of New Brighton and himself. He proceeded to read the Proclamation for Business of the Year Award which was presented to Twin City Oxygen and which proclaimed June 20, 1996 as Twin City Oxygen Day. He noted that other businesses which also were recognized were Addie Lane Floral, New Brighton Lumber and Chenoweth Floral. CONSENT AGENDA: Mr. Whiting, Clerk Administrator read the Consent Agenda as follows: A. Consider Declaration of Surplus Equipment. B. Licenses for Approval (Renewals Except Where Noted): Restaurants -Expires June 30. 1996: Donut Connection Perkins Family Restaurant Pink Flower Restaurant Hardees of Mounds View Garbage Haulers -Expires June 30. 1996: • Larry's Quality Sanitation ARCA Minnesota Ray Anderson & Sons Co. • Page 3 June 24, 1996 Mounds View City Council UWS/Gallagher's Twin City Sanitation Wildwood Sanitation Asphalt: C & S Blacktopping, Inc. Northern Asphalt Construction, Inc. Northwest Asphalt T.A. Schifsky & Sons, Inc. Lino Lake Blacktop, Inc. Excavatine: LeRoux Excavating Fence Installation: Century Fence Company D. W. Fence Company General Construction: • Everest Construction Co. Petroleum Maintenance Co. HVAC/Gas Line Installer: A-ABC Appliance & Heating Air Mechanical, Inc. Albers Sheetmetal & Ventilation, Inc. Allen Mechanical, Inc. Anderson Heating & Air Conditioning Arrow Mobile Home Services, Inc. Blaine Heating, Air Conditioning & Electric, Inc. Egan Mechanical Contractors, Inc. Faircon Service Gilbert Mechanical Contractors, Inc. Hearth Services, Inc. (New) Hinding Heating Kathy Heating and Air Conditioning Master Mobile Home Service Peterson Brothers Sheetmetal Riccar Heating & Air St. Marie Sheet Metal, Inc. Schulties Plumbing, Inc. Standard Heating and Air Conditioning Co. The Snelling Company Twin City Furnace Co. Vogt Heating & Air Conditioning Ray N. Welter Heating Company White Bear Furnace Yale, Inc. Page 4 June 24, 1996 Mounds View City Council Sewer/Water: C.R.S. Excavating, Inc. (New) Classic Construction, Inc. Sandd Excavating United Water & Sewer Co. Sidine: The Cities Home Improvement Co. S_ iens: Lawrence Sign Minnesota Sign Co. National Advertising Co. Nordquist Sign Company, Inc. Suburban Lighting, Ina Twin Cities Sign Images, Inc. Window Installation: Dorglass, Inc. . Mayor Linke noted that the following Restaurant and Garbage Haulers should be included for license renewals as well: Restaurant Renewals -Mermaid, Inc. Donatelles Taco Bell Kentucky Fried Chicken Subway Garbage Hauler Renewals - Vasko Rubbish Walter's Rubbish MOTION/SECOND: Hankner/Quick to approve the Consent Agenda as amended. VOTE: 5 ayes 0 nays Motion Carried RESIDENTS REQUESTS AND COMMENTS FROM THE FLOOR: Mayor Linke explained that this portion of the meeting was designated for anyone who wished to speak to the Council on items that were not on the Agenda. There were no comments from the floor. PUBLIC HEARINGS: Consideration of Resolution No. 4962, Adopting the Assessment Roll for Pleasant View Drive Public Improvements. Page 5 June 24, 1996 Mounds View City Council Mayor Linke opened the Public Hearing at 7:05 p.m. Mr. Whiting explained that final project expenses were $4.85 per frontage foot and $13,881 in storm water construction. The Surface Water Fund will pay for one half of the construction with the remaining $6,954.50 being assessed to the property owners. Mr. Bill Doty, 3049 Bronson Drive, asked about the interest amount being charged. His total assessment as listed on Exhibit A is $1,175.35. If $534.96 is for the storm water assessment and $582.00 is for the curb and gutter, it would appear that the total interest charge would be $58.39. This amount did not appear to be accurate. Mayor Linke closed the public hearing at 7:15 p.m. MOTION/SECOND: HanknerBlanchard to table this Resolution until the next regular City Council Meeting, to allow adequate time to confirm the figures as listed on Exhibit A. VOTE: 5 ayes 0 nays Motion Carried Public Hearing to Consider New Off-Sale Intoxicating Liquor License to Bertram Purves, Network • Liquors, 2345 County Road H2. Mayor Linke opened the Public Hearing at 7:15 p.m. Mayor Linke noted that since the Public Hearing Notices went out, Mr. Purves came in and asked for a transfer of the license, so this public hearing would be for the transfer and renewal of the license. Mayor Linke closed the Public Hearing at 7:18 p.m. Public Hearing To Consider Renewal of Off-Sale Intoxicating Liquor License for Budget Liquor, 2577 Highway 10. Mayor Linke opened the Public Hearing at 7:18 p.m. Mayor Linke explained that prior to authorizing any new liquor licenses or renewal of any existing licenses, the public is given the opportunity to comment on the liquor license and the owner to respond to those comments. There were no comments. Mayor Linke closed the Public Hearing at 7:20 p.m. Public Hearing to Consider Renewal of Off-Sale Intoxicating Liquor License for Murzyn Liquor, 2840 Highway 10. Mayor Linke opened the Public Hearing at 7:20 p.m. There were no comments in regard to this renewal request. Page 6 June 24, 1996 Mounds View City Council Mayor Linke closed the Public Hearing at 7:21 p.m. Public Hearing o Consider Renewal of On-Sale Intoxicating Liquor License for Donatelles, 2400 Highway 10. Mayor Linke opened the Public Hearing at 7:21 p.m. Ms. Blanchard asked if the fire inspection had been completed for Donatelles. Mr. Whiting stated he would need to confirm that they have complied with the inspection requirements. Mayor Linke explained that the renewal could be approved,. contingent upon those issues being resolved. There were no other comments. Mayor Linke closed the Public Hearing at 7:24 p.m. Public Hearing to Consider Renewal of On-Sale Intoxicating Liquor License for Robert's Off 10, 2400 County Road H2. • Mayor Linke opened the Public Hearing at 7:24 p.m. Mr. Whiting explained that as of Thursday, the city was still waiting for the Certificate of Insurance, however it is forthcoming, if not already received. Therefore, he would recommend approval contingent upon receiving the Certificate of Insurance. Mayor Linke closed the Public Hearing at 7:26 p.m. Public Hearing to Consider Renewal of On-Sale Intoxicating Liquor License for Mermaid, Inc., 2200 . Highway 10. Mayor Linke opened the Public Hearing at 7:27 p.m. Mr. Whiting explained that the City is still waiting to receive the Certificate of Insurance from the Mermaid, but he would recommend approval contingent upon receiving the certificate. Ms. Blanchard stated it is her understanding that there are still a few issues which were not resolved from last year. Mr. Whiting suggested that approval of those license renewals be contingent upon resolving the issues from last year. Mayor Linke closed the Public Hearing at 7:29 p.m. . MOTION/SECOND: Hankner/Blanchard to approve the off-sale and on-sale intoxicating liquor licenses for those properties for which Public Hearings were held, contingent upon the issues from the previous year and this year being resolved. • Page 7 June 24, 1996 Mounds View City Council VOTE: 5 ayes 0 nays Motion Carried Public Hearing to Consider the Introduction of Ordinance No. 584, An Ordinance Amending Title 1123 of the Mounds View Municipal Code, Entitled, "Non-Conforming Building Structures and Uses". Mayor Linke opened the Public Hearing at 7:30 p.m. Ms. Joyce Pruitt, Acting Community Development Director gave a brief history of what initiated the amendment request. She explained that the amendment to the ordinance would read as follows: "a. For purposes of this section only, a motor fuel station canopy on a legal non-conforming use property shall not be considered an enlargement of an existing structure." Mayor Linke closed the Public Hearing at 7:45 p.m. MOTION/SECOND: Hankner/Trude to approve the Introduction of Ordinance No. 584, An Ordinance Amending Title 1123 of the Mounds View Municipal Code, Entitled "Non-Conforming Building Structures and Uses", and to waive the reading. • VOTE: 4 ayes 1 nay (Blanchard) Motion Carried Public Hearing to Consider a Conditional Use Permit Request to Operate the Outdoor Sales of Produce, by Kirk Olson of Merryville Farm Market, Mounds View Square. Mayor Linke opened the Public Hearing at 7:46 p.m. Ms. Pruitt explained that Mr. Olson has requested a Conditional Use Permit to operate outdoor sales of produce at Mounds View Square. He proposes to use two parking spaces for his produce stand. Resolution No. 4963, approving the Conditional Use Permit contains the following contingencies: 1) the hours of operation would be from 10 a.m. to 6:30 p.m.; 2) the resolution only permits the sale of produce at the site; 3) the duration of operation will be from July 15, 1996 to September 2, 1996; and 4) Mr. Olson, on behalf of Merryville Market, enter into a Development Agreement with the City of Mounds View. Ms. Pruitt noted that a dollar amount has not been established for the Letter of Credit and asked for input from the Council members. Mayor Linke stated he did not see a need for a Letter of Credit, and that if the property is not cleaned up properly afterward, the city could contact Pastor Enterprises. Mayor Linke closed the Public Hearing at 7:55 p.m. • MOTION/SECOND: Trude/Blanchard to approve Resolution No. 4963, Approving the Conditional Use Permit Request by Kirk Olson, Representative of Merryville Farm Market, Mounds View Square, AS AMENDED. Page 8 June 24, 1996 Mounds View City Council VOTE: 5 ayes 0 nays Motion Carried Public Hearing to Consider a Conditional Use Permit Request to Construct an Oversized Garage, Curt and Amy Clochi'e , 8100 Groveland Road. Mayor Linke opened the Public Hearing at 7:56 p.m. Ms. Pruitt explained that a Conditional Use Permit is required for garages which exceed 864 square feet in R-1 zoning districts. The garage, as proposed, meetings all applicable zoning regulations and the applicants have been informed that no other accessory buildings may be located on the property if the request is approved. Ms. Pruitt explained that the Planning Commission recommended approval of the request, contingent upon the following: 1) the conditional use permit be recorded with Ramsey County and proof of such recording be presented to the City of Mounds View; 2) the building be designed and maintained to provide a uniform appearance with the dwelling unit; • 3) should the use change for what the permit was granted for, the permit shall become null and void; and 4) that Curt and Amy Clochi'e enter into a Development Agreement with the City of Mounds View. Ms. Pruitt noted that staff was again requesting guidance as to the dollar amount for the development agreement. Mayor Linke stated he would prefer that a dollar amount was not included in the development agreement as the city collected a permit fee already for the construction of the home/garage. Ms. Trude asked if the applicant intends to operate any business out of the garage. Ms. Pruitt stated the applicant did not intend to do so, and that this was discussed extensively at the Planning Commission meeting. Dan Meyers stated he lived down the road from the subject area and wondered what the structure would look like. Ms. Pruitt presented a diagram of the proposed structure. Mayor Linke closed the Public Hearing at 8:06 p.m. MOTION/SECOND: Hankner/Trude to approve Resolution No. 4964, Approving a Conditional Use Permit to Allow an Oversized Garage for Curt and Amy Clochi'e, 8100 Groveland Road, AS AMENDED. VOTE: 5 ayes 0 nays Motion Carried . Public Hearing to Consider the Introduction of Ordinance No. 585, An Ordinance Amending Section 1008.11, Adding a Provision for a Variance Procedure to Chapter 1008, Entitled "Signs and Billboards". • Page 9 June 24, 1996 Mounds View City Council Mayor Linke opened the Public Hearing at 8:07 p.m. Ms. Pruitt explained that currently Section 1008.1 1, entitled "Signs and Billboards", is included within Title 1000, entitled "Building" and thus the variance procedure included in Title 1100, entitled "Zoning" does not apply to the existing sign code. Amending the sign code to add a variance provision would provide relief to landowners in cases where Title 1008 imposes undue hardship or practical difficulties through establishing criteria for granting sign variances. She proceeded to read the proposed amendments. Ms. Pruitt noted that staff received an inquiry regarding signage in R-5 Mobile Home District. Currently the sign code does not break down the specific maximum signage area for R-5 districts and staff is requesting that language be drafted by the second reading of the Ordinance to address the maximum signage area requirements for R-5 zoning districts. She stated she had spoken with the City Attorney and he felt if the council so desired, language could be drafted by the next meeting. Mayor Linke closed the Public Hearing at 8:15 p.m. MOTION/SECOND: Trude/Blanchard to approve the Introduction of Ordinance No. 585, An Ordinance Amending Section 1008.11, Adding a Provision for a Variance Procedure to Chapter 1008, Entitled "Signs and Billboards". • VOTE: 5 ayes 0 nays Motion Carried Public. Hearing to Consider the Introduction of Ordinance No. 575, An Ordinance Amending Chapter 1106, Section 1106.02, Entitled "R-1, Single Family Residential District", Pertaining to Foster Care Facilities. Mayor Linke opened the Public Hearing at 8:16 p.m. Ms. Pruitt explained that this Ordinance amendment will allow up to eight foster care children per home, not including the foster family's own children. Mayor Linke explained that this amendment will merely keep the city current with State laws. Mayor Linke closed the Public Hearing at 8:19 p.m. MOTIONlSECOND: Blanchard/Quick to approve the Introduction of Ordinance No. 575, An Ordinance Amending Chapter 1106, Section 1106.02, Entitled "R-I, Single Family Residential District", Pertaining to Foster Care Facilities. VOTE: 5 ayes 0 nays Motion Carried COUNCIL BUSINESS: a. Consideration of Adopting Resolution No. 4961, in Support of the Housing Action Plan for the • Livable Communities Act. Ms. Trude stated she thought the report was very informative and suggested that a copy be available to the public in the lobby area. • Page 10 June 24, 1996 Mounds View City Council Mayor Linke stated he supports this, but not the way the Metropolitan Council put it together. MOTION/SECOND: Hankner/Quick to approve Resolution No. 4961, in Support of the Housing Action Plan for the Livable Communities Act. VOTE: 5 ayes 0 nays Motion Carried b. Consideration of Request for Development Review, Ryan Constriction Company of Minnesota, Inc. on behalf of Sysco, 2400 County Road J. Ms. Pruitt explained that this proposal request would allow Sysco to add a 5,400 square foot expansion to their existing truck facility. The plans have been reviewed by staff and they have found them to be consistent with the intent of the code as it relates to zoning, parking and setbacks. SEH also reviewed the plans and finds them acceptable pending Rice Creek Watershed approval, which is required since the property exceeds 2.5 acres in size. The Planning Commission has recommended approval of the development, contingent upon the following: 1) that the applicant receives all necessary permits from Rice Creek Watershed District; and • 2) that Ryan Construction of Minnesota, on behalf of Sysco, enter into a Development Agreement with the City of Mounds View. MOTION/SECOND: Quick/Trude to approve Resolution No. 4966, approving a Development Review for Ryan Construction Company of Minnesota, Inc. on behalf of Sysco, 2400 County Road J. VOTE: 5 ayes 0 nays Motion Carried c. Consideration of Resolution Setting the Wage Rate for Election Judges for the State Primary and General Elections Judges for the State Primary and General Elections. Mr. Whiting explained that approval of this resolution would increase the wage rate for the Chair and Co- . Chairperson for each precinct to $7.00 per hour and for the Election Judges to $6.50 per hour. MOTION/SECOND: Trude/Blanchard to approve Resolution No. 4968, Setting the Wage Rate for Election Judges for the State Primary and General Elections. VOTE: 4 ayes 0 nays Motion Carried (Quick temporarily stepped out) d. Consideration of Agreement to Furnish Fire Inspection Services by Spring Lake Park Fire Department, Inc. Mr. Whiting explained that at the last Council Work Session, the Council reviewed a proposal to have the Fire Deparhnent provide the Fire Inspection Services • Mr. Nyle Zikmund, Fire Chief, noted that for the remainder of this year the city would contract with Mr. Bishop strictly for plan review and reactive follow-up inspections. The "Not to Exceed" amount in the agreement would be roughly $4,000, with the hourly rate being $35.00 per hour. Page 11 June 24, 1996 Mounds View City Council MOTION/SECOND: Trude/Blanchard to Authorize the Mayor and Clerk Administrator to Enter into the Agreement as presented to the council, at a rate of $35.00 per hour, not to exceed $4,000. for the year. VOTE: 5 ayes 0 nays Motion Carried e. Amendment #1 to Contract to Furnish Fire Protection Services to the Cities of Blaine, Mounds View and Spring Lake Park. Mr. Whiting explained that this amendment would reduce the minimum complement of trained volunteer firefighters from 80 to 60. This has already be done by the other two communities. Mr. Zikmund, Fire Chief, explained that the city has been operating with 75 volunteers for the past 1-1/2 years, however reducing the number to 60 follows with the prevention program and still provides the city with adequate resources for suppression events. MOTION/SECOND: Quick/Trude to Approve Amendment # 1 to Contract to Furnish Fire Protection Services to the Cities of Blaine, Mounds View and Spring Lake Park. VOTE: 5 ayes 0 nays Motion Carried • f. Request to Hire Bruce Kessel as Director of Finance, Contingent on a Satisfactory Background Check and Standard Hiring Procedures. Mr. Whiting explained that he would like to obtain the Council's approval to hire Bruce Kessel as Director of Finance, contingent upon obtaining a satisfactory background check. He briefly discussed Mr. Kessel's qualifications and experience. MOTION/SECOND: Trude/Quick to Approve the Hiring of Bruce Kessel as Director of Finance, Contingent on a Satisfactory Background Check and Standard Hiring Procedures. VOTE: 5 ayes 0 nays Motion Carried g. Request to Appoint Dawn Postudensek as Interim Deputy Clerk. Mr. Whiting noted that he had divided Michele Chamber's responsibilities between Dawn Postudensek and :Lynette Morgan. At this time, he would like to obtain the Council's approval in appointing Dawn Postudensek as Interim Deputy Clerk until December 1, 1996. MOTION/SECOND: QuickBlanchard to Approve the Request to Appoint Dawn Postudensek as Interim Deputy Clerk. VOTE: 5 ayes 0 nays Motion Carried REPORTS: • Report of Council members: • Page 12 June 24, 1996 Mounds View City Council Quick: No report. Blanchard: No report. Hankner: No report. Trude: Ms. Trude noted that she had attended the New Brighton/Mounds View meeting in regard to the Quad Ice Rink proposal last Monday evening. There is a lot of interest in providing additional ice time in this area, in particular with the anticipated interest increase in girl's hockey. She understands that a representative of the Amateur Sports Commission will provide a public presentation to the City of Mounds View sometime in the future to help the public understand the venture. Report of Mayor Linke: • Mr. Linke noted that all residents will be receiving a Business Directory which is put out by the Chamber of Commerce which lists all of the Mounds View businesses. Mr. Linke noted that the Festival in the Park will be coming up in July. ReRort of Administrator: Mr. Whiting discussed the optional dates for th0 City Council meetings in the month of July. MOTION/SECOND: QuickBlanchard to amend the City Council Meeting Schedule as follows: the Council Work Session will be held on Monday, July 8, 1996, and the Regular Council Meetings will be held on July 15th and July 29th. VOTE: 5 ayes 0 nays Motion Carried Mr. Whiting introduced Ms. Pam Sheldon who has been hired as the new Community Development Director, effective July 29, 1996. Mayor Linke noted that the Next Council Work Session is JULY 8, 1996. The next Council Meeting is JULY 15, 1996. The Council will also be meeting on Tuesday, June 25th at 5:00 p.m. for a Special Council Work Session. Mayor Linke adjourned the meeting at 8:45 p.m. • Respectfully submitted, Tamara D. Saefke ~~~;~G~~~~~ ~c., //e{fi~ ~~~ ~ ~.L <> Jc7 ~~.~ y ,~ S ~~e~~r ; ~~..~ -z~- ( ~ GG W11~ ~©~Z7 vim. I~'1 a n ~(~ ~~~~J ,~ /'~<,~y ~~~/~~~ys~ ~~. ~ ~~E~ ~.~ ~~ en1"sv~ ~~ga ~b ~'~ ~~~~ ~, i~ ~~~? 7 ~~ ,; ~~ L ~y ~ ~ ~~~~/ tio~~ ~, / / ~~,,~~ ~ g3~ ~~ ~'~ ~~ •