HomeMy WebLinkAboutMinutes - 1996/07/29•
PROCEEDINGS OF THE CITY COUNCIL
CITY OF MOUNDS VIEW
RAMSEY COUNTY, MINNESOTA
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Regular Meeting
July 29, 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 July 29, 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
ADDITIONS TO THE AGENDA:
There were no additions to the Agenda.
APPROVAL OF MINUTES:
a. July 15, 1996 Regular City Council Meeting minutes were amended to read as follows:
Line 11, page 6, He noted that this was in error as the code does not allow the rental or leasing of a trailer.
Line 19, page 6, Signage to Chapter 1008, Entitled, "Signs and Billboards," as amended, contingent, upon
the review and approval of the change by the City Attorney and to waive the reading.
July 15, 1996 Regular City Council Meeting minutes were approved as amended.
MOTION/SECOND: Trude/Quick to approve July 15, 1996 Regular City Council Meeting Minutes as
amended.
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July 29, 1996
Mounds View City Council
ROLL CALL VOTE:
VOTE: 5 ayes 0 nayes Motion Carried:
ACCEPTANCE OF ADVISORY COMMISSION MINUTES:
There were no Advisory Commission Minutes to be accepted at this meeting.
SPECIAL ORDER OF BUSINESS:
The Director, Assistant Director, Captains, and other representatives of the Colonial Village Mobile Home
Park were present to recognize Police Officer Tom Baumgart, Mayor Jerry Linke, and the entire City
Council for their hard work and cooperation in getting the Crime Watch up and going at Colonial Village.
Officer Baumgart, Mayor Linke and the City Council were presented with Certificates of Appreciation.
CONSENT AGENDA:
Mr. Whiting, Clerk Administrator read the Consent Agenda as follows:
• A. Resolution Ratifying the Appointment of Election Judges for the September 10, 1996 Primary Election
and November 5, 1996 General/Municipal Election. Resolution No. 4980.
B. Set Public Hearing to Consider the 1996 Long Term Financial Plan for 7:05 p.m., Monday, August 12,
1996.
C. Licenses for Approval
HVAC -Renewal
Lakes Air
Water/Sewer -Renewal
Robarge Excavating
Pete's Water and Sewer
Cement -Renewal
D. A. Distribution DBA Coronado Stone
Mayor Linke asked if there were any Council Members wishing to have any items removed from the
Consent Agenda. He asked that Item B be removed.
MOTION/SECOND: Hankner/Quick to approve the Consent Agenda, with the removal of item B.
VOTE: 5 ayes 0 nays Motion Carried
• Mayor Linke explained that he had requested that Item B be removed as he does not feel staff will be
adequately prepared to present the 1996 Long Term Financial Plan on August 12, 1996.
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July 29, 1996
Mounds View City Council
Mr. Chuck Whiting, City Administrator, explained that the Public Hearing was already advertised in the
Mounds View Matters newsletter. One option would be to go ahead and open the Public Hearing and then
to contniue it at a later meeting, explaining to the public the reason for doing so.
MOTION/SECOND: Hankner/Quick to set the Public Hearing to consider the 1996 Long Term Financial
Plan for 7:05 p.m., Monday, August 12, 1996.
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 a Conditional Use. Permit to Construct an Oversized Garage, Jerome Espeseth,
8005 Woodlawn Drive.
Mayor Linke opened the Public Hearing at 7:15 p.m.
Ms. Joyce Pruitt, Acting Community Development Director, explained that Jerome Espeseth has submitted
an application for a Conditional Use Permit to allow him to construct an oversized detached garage. She
noted that an existing garage and shed are located on the property, but that Mr. Espeseth has been informed
that he will need to remove these structures and that no other accessory structures can be constructed on the
property if the CUP is granted. The Planning Commission has recommended approval of the CUP
request, with the following contingencies:
1) the conditional use permit be recorded with Ramsey County within 60 days of City Council approval
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) the existing garage and shed be removed from the property prior to construction of the garage;
4) should the use change for what the permit was granted for, the permit shall become null and void;
5) whenever, within one year after granting this conditional use permit, the work permitted by this permit
shall not have been completed, then such permit shall become null and void unless a petition for extension
of time in which to complete the work has been granted by the City Council; and
6) Jerome Espeseth enter into a Development Agreement with the City of Mounds View.
• With no further questions from the City Council or from the public, Mayor Linke closed the Public
Hearing at 7:22. p.m.
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July 29, 1996
Mounds View City Council
MOTION/SECOND: Quick/Hankner to approve Resolution No. 4975, Approving a Conditional Use
Permit to Allow an Oversized Garage for Jerome Espeseth, 8005 Woodlawn Drive, Mounds View.
VOTE: 5 ayes 0 nays Motion Carried
Consideration of a Conditional use Permit Request and Development Review to Construct a 6,166
Square Foot Addition, Cross of Glory Evangelical Lutheran Church, 5472 Adams Street.
Mayor Linke opened the Public Hearing at 7:23 p.m.
Ms. Pruitt explained that Cross of Glory Evangelical Lutheran Church is requesting a Conditional Use
Permit and development review to allow them to construct a 6,166 square foot addition to the existing
facility. The addition would primarily utilized for meeting places for children between services. They are
proposing that an additional 14 parking spaces will be provided.
Ms. Pruitt noted that the Planning Commission recommended approval of the Conditional Use Permit
request and the Development Review request at their July 10, 1996 meeting. After consulting the City
Attorney, Bob Long, in regard to his interpretation of the fire suppression ordinance, it was determined that
• the City can require an existing building to install automatic fire suppression systems anytime the existing
building is increased in floor area through a new addition. She proceeded to discuss the options available
to the applicant to assist them in meeting the fire suppression system requirements.
Ms. Hankner asked that Bob Long, City Attorney, give the public a brief explanation of the fire
suppression system requirements in the City of Mounds View. He explained that on June 27, 1983, the
Council adopted Ordinance No. 343 in which the city amended the fire code. As part of that amendment,
the city amended Section 60.02 of the Mounds View Municipal Code where they included in the code
Appegdix E of the State Building Code (Fire Suppression requirement for various types of buildings).
The requirement was inadvertently omitted and not included in the current book. However, it was
intended, approved and adopted. The code states that if a building is added on to, and the floor area is
increased, the entire building must be brought up to code.
Mr. Gary Olson, 12979 Killdeer Street N.W., representing Cross of Glory Evangelical Lutheran Church,
stated it is their intention to construct a building that meets all of the city, state and federal codes.
However, he does not want to see the city impose any special requirements on their facility that would not
be imposed on any other facility at this time. He feels that making special requirements a part of the
Conditional Use Permit is unnecessary as they are required to meet code requirements.
It was felt that Contingency #5 of Resolution 4976 should be eliminated.
Peter Craig, 5493 Erickson Road, stated the property owners had alley rights at one time at the back of
their properties which is adjacent to the church. The church was allowed to take over that property
several years ago to use for landscaping. He wondered if they would be using that additional land to
increase the size of their building.
• Mayor Linke explained that the church will still need to meet the setback requirements. The first 30 feet
can only be used for landscaping .
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July 29, 1996
Mounds View City Council
Bob Klaiber, 5135 Eastwood Road, Pastor of Cross of Glory, noted that the corporate name of the church is
incorrect in the information. The correct name is Cross of Glory English Evangelical Lutheran Church.
Mayor Linke closed the Public Hearing at 7:46 p.m.
MOTION/SECOND: HanknerBlanchard to Approve Resolution No. 4976, Approving a Conditional Use
Permit to Allow an Oversized Conditional Use Permit Request for an Expansion to the Existing Facility by
Cross of Glory Evangelical Lutheran Church, 5472 Adams Street, with the inclusion of the word "English"
in the church name, the deletion of Item 5 and an amendment to Item 2 (second line) ...appearance with
the EXISTING STRUCTURE.
VOTE: 5 ayes 0 nays Motion Carried
MOTION/SECOND: Hankner/Trude to amend Resolution No. 4976, to read as follows: ...WHEREAS,
the Mounds View Municipal Code allows for churches in an R-1 zone district with the issuance of a
Conditional Use Permit; and ..."
VOTE: 5 ayes 0 nays Motion Carried
. MOTION/SECOND: Trude/Quick to approve Resolution No. 4978, Approving the Development Request
of Cross of Glory Evangelical Lutheran Church, 5472 Adams Street, AS AMENDED to include the word
"English" in the church name, and to remove Item 4, renumbering the remaining contingencies.
VOTE: 5 ayes 0 nays Motion Carried
Consideration of a Conditional Use Permit and Development Review to Construct an Oversized
Garage, Church Upon the Rock, 7901 Red Oak Drive.
Mayor Linke opened the Public Hearing at 7:49 p.m.
Ms. Pruitt explained that Church Upon the Rock is requesting a conditional use permit and development
review to construct at 24' X 52' oversized garage for storage space. She noted that approval of this request
will free up space within the church which is currently used for storage, thus providing additional space for
classrooms. Presently, some of the temporary structures on the property are used for classroom space.
The applicant has been informed that no other structures will be allowed on the premises and that removal
of such would be required prior to construction of the new garage.
Ms. Pruitt noted that the city did receive one letter of opposition from a resident at 7979 Red Oak Drive,
who felt there were already too many accessory structures on the site. After staff informed her that all of
the others on the site would need to be removed as part of a contingency on the conditional use permit, she
asked to rescind her letter of opposition.
James Anderson, 7930 Sunnyside Road, asked staff to show where the new garage would be located on the
site. Ms. Pruitt proceeded to do so.
• Mayor Linke closed the Public Hearing at 8:08 p.m.
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July 29, 1996
Mounds View City Council
MOTION/SECOND: Trude/Quick to approve Resolution No. 4977, Approving a Conditional Use Permit
to Allow an Oversized Garage for Church Upon the Rock, 7901 Red Oak Drive, WITH AN
AMENDMENT changing the second contingency to read as follows: (2.) " ... to provide a uniform
appearance with SIMILAR NEIGHBORING STRUCTURES."
VOTE: 5 ayes 0 nays Motion Carried
MOTION/SECOND: Trude/Quick to approve Resolution No. 4979, Approving the Development Request
of Church Upon the Rock, 7901 Red Oak Drive, WITH AN AMENDMENT, changing the second
contingency to read as follows: "... to provide a uniform appearance with similar neighboring structures".
VOTE: 5 ayes 0 nays Motion Carried
Consideration of Introduction of Ordinance No. 587, an Ordinance Amending Title 1100 by Adding
a New Chapter 1126 Establishing a 180 Day Moratorium on New Use, Development or Construction
of Commercial Wireless Telecommunication Towers and Antennas Within the City of Mounds View.
Mayor Linke opened the Public Hearing at 8:10 p.m.
. Ms. Pruitt explained that currently the city code does not regulate the siting of telecommunication facilities
within the city. Based on market demand and the city receiving inquiries from other companies regarding
their desire to construct telecommunication facilities within the city, staff is requesting that the city impose
a 180-day moratorium on new use, development or construction of commercial wireless
' telecommunication towers and antennas within the City of Mounds View. She further requested that the
Planning Commission be requested to draft the telecommunication ordinance and when it is completed,
that a copy be brought to the city council for their review and consideration.
MOTION/SECOND: Blanchard/Quick to approve the Introduction of Ordinance No. 587, an Ordinance
Amending Title 1100 by Adding a New Chapter 1126 Establishing a 180 Day Moratorium on New Use,
Development or Construction of Commercial Wireless Telecommunication Towers and Antennas Within
the City of Mounds View.
VOTE: 5 ayes 0 nays Motion Carried
Public Hearing to Consider the Sale of the Off-Sale Liquor License to James Karels, Murzyn
Liquors, 2840 Highway 10.
Mr. Whiting asked that this public hearing be tabled as the current owner has some questions and also the
city did not get the proper notification in the newspaper. Therefore, the notice will need to be
republished.
MOTION/SECOND: Hankner/Trude to table the Public Hearing to Consider the Sale of the Off-Sale
Liquor License to James Karels, Murzyn Liquors, 2840 Highway 10, and to re-set the Public Hearing for
Monday, August 12, 1996 at 7:11 p.m.
VOTE: 5 ayes 0 nays Motion Carried
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July 29, 1996
Mounds View City Council
COUNCIL BUSINESS:
A. Request Approval of Resolution No. 4981 regarding LELS terms for 1996-97 Contract.
Mr. Whiting explained that after negotiating with LELS, the city has agreed to terms for a two year
contract covering 1996 and 1997. Notable points of the agreement include the addition of a mediation
step option in the grievance procedure, formalizing the city's current policy of 50 hours of accumulated
comp time, a small adjustment in the officer's uniform allowance, reduction of sick leave from 1S days to
13 days per year, the option of utilizing accumulated sick leave for ongoing health insurance premium
payment upon retirement, 3% wage increases for both 1996 and 1997, and a small adjustment to the
investigator's pay.
MOTION/SECOND: Hankner/Trude to approve Resolution 4981, Approving the Union Contract and the
Compensation Schedule and Insurance Contribution Schedule for Police Union.
VOTE: S ayes 0 nays Motion Carried
REPORTS:
Report of Council members:
Quick. No report.
Blanchard: Ms. Blanchard wished to comment on the beautiful flowers planted in front of City Hall and
wanted to commend those who have made the flowers possible.
Hankner: No report.
Trude: Ms. Trude stated she had met with the Park & Recreation Commission and wished to inform the
public that Random Park on Long Lake Road will be having new playground equipment installed, which is
especially appropriate for preschoolers. She also noted that the performances of "Annie" have been very
well attended at Irondale High School and the performances continue through the weekend.
The Parks & Recreation Commission has been informed by a person involved in Community Theater that
they would love to do a Winter production if the Be1Rae is available for them to use. Ms. Trude stated she
feels the Council should authorize the Parks & Recreation Commission to begin looking at uses for the
Be1Rae while the council and staff are trying to determine what other programs will go in there.
Ms. Hankner stated the council and staff do not know at what point they will be making decisions on the
building and therefore it is difficult to know how far out things can be scheduled, or what liabilities would
go along with it. She feels this is another example of something that is not being well thought through.
She feels it would be inappropriate and she would not be in support of it.
Ms. Trude stated she was merely asking that the Park & Recreation Commission provide suggestions.
Mayor Linke stated he would support Ms. Trude's suggestion as he does not see the difference between
planning an event there or going over to another site to plan an event when the facility is available. No
matter where they hold an event, the operation costs will be there.
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Mounds View City Council
Ms. Blanchard stated she felt this was a very good idea in that the city has a Park and Recreation
Commission that knows the community and they can give suggestions. She would support Ms. Trude's
suggestion.
Ms. Trude stated she is only suggesting that the Park and Recreation Commission be authorized to suggest
programs for the site. The suggestions would have to be brought back to the staff. She thinks however,
that at some point the council should authorize staff to put the facility on the computer and allow it to be
used like the other facilities. The site will be used for elections so not much can be done with the site prior
to that time anyway.
Mr. Whiting stated he is not sure that the city is in a position to try to implement programs in a short time
over at the Be1Rae, however he does not see any harm in having the Park & Recreation Commission look
at potential uses and programs that they may want to see over there. Those suggestions would need to
come back to the Council and he would like to have staff evaluate manpower costs, etc.
MOTION/SECOND: Trude/Blanchard to authorize the Park & Recreation Commission to suggest
programs for use in the Bel Rae and report back to the Council.
VOTE: 3 ayes 2 nays (Hankner & Quick) Motion Carried
• Ms. Trude stated she would like staff to look at whether functions can be held at the Be1Rae and report
back to the Council at a work session.
Ms. Trude suggested that staff contact the telephone company to see if an outside telephone can be
installed at city hall This would be especially helpful if an emergency arises after city hall is closed.
Mr. Quick stated he voted against Ms. Trude's motion because he feels there is a lack of planning and he
cannot support it on those grounds. He feels there has been ample time to do a lot of planning and the
entire Be1Rae project could have been planned out in the time that the city has had.
Report of Mayor Linke: Mayor Linke thanked everyone who was involved in the festival and the
committee that put it together. He also reminded the public that the dates for those who are interested in
filing for City Council seats will be from August 27, 1996 at 8:00 a.m. to September 10, 1996 at 4:30 p.m.
Report of Administrator: Mr. Whiting stated he and the City Attorney both attended a meeting with two
representatives from MAC regarding the use of the airport in Anoka County.
Mr. Long, City Attorney noted that Mr. McCarty had raised an issue some time ago about whether or not
MAC was in compliance with the airport decree that was entered into in 1986 at the Blaine/Anoka airport.
At the meeting they went through all the documents. What needs to be determined is what percentage of
aircraft out there exceed the 12,500 pound limit. From the licensed aircraft based there, it appears that 5%
of the aircraft is above the weight limits. They will be providing the city with a listing of operations of
the aircraft. This will include not only the aircraft based there but also others using the airport. After
obtaining the information, it will be necessary for the city to determine what amount of aircraft exceeding
the weight limits make the airport more than a "minor use facility".
. Ms. Trude stated she would also like to get a legitimate telephone number for airport complaints. She has
experienced, as have others, that when one calls the number listed, it is either busy or unanswered.
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Mounds View City Council
Mayor Linke stated the Next Council Meeting is August 12, 1996. The next Council Work Session is
August 5, 1996.
Mayor Linke adjourned the meeting at 8:53 p.m.
Respectfully submitted,
~~~ynN,~ Sr~~Gc~~'-l'~
Tamara D. Saeflce
Recording Secretary
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