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Home My WebLink AboutMinutes - 1996/12/09• iry Page 1 December 9, 1996 Mounds View City Council PROCEEDINGS OF THE CITY COUNCII. CITY OF MOUNDS VIEW RAM5EY COUNTY, MINNESOTA LJ • Regular Meeting December 9, 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 December 9, 1996. PLEDGE OF ALLEGIANCE ROLL CALL MEMBERS PRESENT: Mayor Linke, Council members Quick, Hankner and Blanchard MEMBERS ABSENT: Council member Trude ALSO PRESENT: Bruce Kessel, Acting City Administrator Pam Sheldon, Community Development Director James Erickson, Planning Associate Mayor Linke took this opportunity to welcome the Webelos Boy Scout Group, Pack #167 to the Council meeting. ADDITIONS TO THE AGENDA: There were no additions to the Agenda. APPROVAL OF MINUTES• November 25,1996 City Council Meeting: MOTION/SECOND: Blanchard/Hankner to approve the minutes of the November 25, 1996 City Council Meeting as presented in writing. VOTE: 4 ayes 0 nays Motion Carried • • • Page 2 December 9, 1996 Mounds View City Council ApPrC~'e~ Planning Commission Minutes -August 7,1996 September 4,1996 September 18,1996 October 9,1996 November 6,1996 MOTION/SECOND: Hankner/Quick to approve the Planning Commission Minutes for the Meetings of August 7,1996, September 4,1996, September 18, 1996, October 9,1996 and November 6, 1996 as presented in writing. VOTE: 4 ayes 0 nays Motion Carried SPEC)<AL ORDER OF BUSINESS: There was no Special Order of Business scheduled for this meeting. CONSENT AGENDA• Mr. Kessel, Acting City Administrator read the Consent Agenda as follows: A. Consideration of Acceptance of the Low Bid for the 1997 Mounds View Matters Printing Contract. B. Adopt Resolution No. 5055, Approving a Wage Adjustment for Patrick Toth, Cable TV Technician/Producer. C. Adopt Resolution No. 5056, Approving the Reclassification of the Administrative Aide Position to Human Resource Technician. D. Set Public Hearing for Monday, January 13, 1996 to Consider Ordinance No. 593, An Ordinance Authorizing the City Council of the City of Mounds View to Set Water Rates and Surcharges effective January 1, 1997. E. Adopt Resolution No. 5054, Approving Just and Correct Claims Against City Funds. F. Adopt Resolution No. 5058, Approving a Salary Increase for Chuck Whiting, City Administrator. G. Licenses for Annroval: HVAC -Expires 6/30/97: Mike's Heating and Air Conditioning -New Mayor Linke asked that Item D be removed from the Consent Agenda for discussion. • C7 • Page 3 December 9, 1996 Mounds View City Council MOTION/SECOND: Blanchard/Hankner to approve the Consent Agenda with the removal of Item D. VOTE: 4 ayes 0 nays Motion Carried Discussion on Item D: Mr. Kesel explained that the first reading of this ordinance will be on December 16, 1996, NOT on December 9th as indicated in the memo. The Public Hearing, per approval will beheld on January 13, 1996. MOTION/SECOND: Quick/Hankner to approve Item D, Setting a Public Hearing for Monday, January 13, 1996 to Consider Ordinance No. 593, An Ordinance Authorizing the City Council of the City of Mounds View to Set Water Rates and Surcharges effective January 1, 1997. VOTE: 4 ayes 0 nays Motion Carried RESIDENTS REQUESTS AND COMMENTS FROM THE FLOOR: Mayor Linke explained that this porkion 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• Public hearing and Consideration of Ordinance No. 592, An Ordinance Relating to Mobile Home Park Closings and Amending Title 1000 by Adding a New Chapter 1011 of the Mounds View Municipal Code. Mayor Linke opened the Public Hearing at 7:05 p.m. Ms. Sheldon, Community Development Director, explained that this ordinance will establish a procedure to be followed in the event that an owner of a manufactured home park chooses to close all or part of the park. She proceeded to go through the requirements. This ordinance was first introduced to the Council at the November 25, 1996 meeting. Mayor Linke noted that the Council first starting talking about this several years ago, however a similar ordinance was contested in Bloomington so the Council held off doing anything further until after that court case ended (which resulted in favor of the City of Bloomington). Don Hereau, 2260 Buckingham Lane, asked if this ordinance will also apply if the mobile home park goes into receivership. Ms. Sheldon stated it would if that receivership would go into a closing it would apply, however not if it goes into a receivership and then continues operating. Mayor Linke closed the Public Hearing at 7:10 p.m. Page 4 • December 9, 1996 Mounds View City Council ,~ ,~~ - . ~i ~ ~ `;' A. Consideration of Ordinance No. 592, An Ordinance Relating to Manufactured Home Park Closings and Amending Title 1000 by Adding a New Chapter 1011 of the Mounds View Municipal Code. MOTION/SECOND: Hankner/Quick to Approve the Adoption of Ordinance No. 592, An Ordinance Relating to Manufactured Home Park Closings and Amending Title 1000 by Adding a New Chapter 1011 of the Mounds View Municipal Code. ROLL CALL VOTE: Mayor Linke yes Council member Blanchard yes Council member Hankner yes Council member Quick yes Motion Carried - (4-0) Mayor Linke noted that this Ordinance will take effect in 30 days. • PUBLIC HEARINGS• Public Hearing to Consider Abatement of Nuisances at 5440 Jackson. Mayor Linke opened the Public Hearing at 7:10 p.m. Mr. Jim Erickson, Planning Associate, explained that substantial progress has been made at this property. He inspected the property on Monday, December 9th and he feels the property is very close to being in compliance to the code, therefore he would like to withdraw the council's consideration of abatement for this properly. It was suggested that this item be tabled incase it should need to be considered again due to lack of progress on the final improvement requests. MOTION/SECOND: Quick/Hankner to table this item. VOTE: 4 ayes 0 nays Motion Carved MOTION/SECOND: Hankner/Quick to continue this Public Hearing at a future date. VOTE: 4 ayes 0 nays Motion Carried COUNCIL BUSINESS• B. Consideration of Resolution No. 5049, Approving a Minor Subdivision Request for 7532 and 7540 Silver Lake Road AFPh~'°a°E'~ Page 5 • December 9, 1996 Mounds View Crty Council Mr. Erickson, Planning Associate, explained that this is a request from Larry Beach on behalf of the properly owners of 7532 and 7540 Silver Lake Road. This request would move 12.5 fcet from the North side of the property at 7532 Silver Lake Road to the South side of 7540 Silver Lake Road. Mr. Erickson noted that staff is requesting that the Council table this request due to the fact that they do not have a signed drainage and utility easement from the applicant. MOTION/SECOND: Hankner/Blanchard to table this item until the applicant has submitted documents required by the city. VOTE: 4 ayes 0 nays Motion Carried C. Re-Consideration of Resolution No. 5042, Approving an Amended Conditional Use Permit and a Development Review for Eapanaion of the Saturn Dealership at 2375 and 2395 Highway 10. Ms. Sheldon explained that at the last Council meeting, there was a request from Saturn Development on behalf of Saturn Dealership to obtain approval of a Conditional Use Permit to allow for the expansion of the dealership onto property to the North of their existing site. At that time the Council did pass a resolution approving that request but during the course of the discussion there were some conditions that were changed. The two that are of concern to Saturn Dealership have to do with the loudspeakers system and the bay doors on • the service building. Staff therefore has made some word change suggestions which would bridge the gap between the company's concerns and the council's concerns. She proceeded to outline these. Ms. Sheldon noted that notices were sent to residents in the surrounding area and only two were present at the Planning Commission meeting to comment on the expansion. These residents did not mention the bay doors. One stated a concern about the lighting (the resolution does contain language to state that lights must be turned off at 10:30 p.m.) and some discussion was in regard to the paging system. Mr. Price of Saturn Dealership was present and explained that if the conditions made by the Council stay in place, their company does not feel they can proceed with the proposed improvements. They like to limit the paging as much as possible, but they find this system to be necessary. He noted they do have controls for the system and could see that it is turned off at a specified time each evening. Council member Quick asked if Mr. Price would be willing to remove the paging system if there are complaints expressed in the future. Mr. Price stated he would be open to talk about it. However, one complaint should not constitute a removal of the system. He noted that he is not aware of any complaints in regard to their paging system. Council member Quick noted that the City has received complaints on the paging system at their dealership. A short discussion followed in regard to how often the paging system is used. Mr. Price estimated that it is used twice per hour when they are open. Council member Quick stated when the City was considering a Conditional Use Permit for a car wash, residents complained about the Saturn Dealership paging system, saying they know all of the sales people at the dealership byname. Obviously therefore, the system is a little more adequate than necessary. . Council member Hankner asked when the gas tanks on the property will be removed. F s; -aH ~.~y` Y. E Page 6 . December 9, 1996 Mounds View City Council Mr. Price stated they will be removed as soon as they close on the property. MOTION/SECOND: LinkeBlanchard to reconsider Resolution 5042. In review of Resolution No. 5042, the following changes were suggested: Page 7, Item 3. should be changed to read as follows: "Vehicle repair, servicing and maintenance are permitted on this site, excluding body work and painting,. All car repairs shall be conducted within the indoor service bays and not outside the service building AND THE SERVICE BAY DOORS SHALL BE CLOSED AT 9:00 P.M." Page 8, Item 8 shall be changed to read as follows: "Outside loudspeakers shall be utilized for paging purposes only. Uae of the loudspeakers shall be minimized AND THE PAGING SYSTEM SHALL BE TURNED OFF AT 9:00 P.M." MOTIONISECOND: Quick/Linke to Approve Resolution No. 5042, Approving an Amended Conditional Use Permit and a Development Review for Expansion of the Saturn Dealership at 2375 and 2395 Highway 10 AS AMENDED TO INCLUDE THE ABOVE CHANGES. VOTE: 4 ayes 0 nays Motion Carried D. Consideration of Resolution No. 5057, Authorisiing the Mounds View City Attorney to Commence Legal Actions on Behalf of the City of Mounds View Against Necessary Parties to Recover Losses Incurred and Avoid Future Liability and Damages Resulting from Certain Construction and Design Defects Caused by Contractors and Architects at the Bridges Golf Course in Mounds View. MOTION/SECOND: Quiclt/Hankner to Approve Resolution No. 5057. VOTE: 4 ayes 0 nays Motion Carried Hankner: No report. Blanchard: No report. Quick: No report. Report of MaXor Linke: No report. Report of Actiug,Administrator: No report. $quort of Staff: No report. Page 7 December 9, 1996 Mounds View City Council 3 Mayor Linke noted that the next Council Meeting is Monday, December 16,1996. The next Council Work Session is scheduled for January 6, 1997. Mayor Linke adjourned the meeting at ?:35 p.m. Respectfully submitted, ~~~~~ n -~~/~- Tamara D. 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