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HomeMy WebLinkAboutMinutes - 1998/07/27APPROVED PROCEEDINGS OF THE CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting July 27, 1998 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 1. CALL MEETING TO ORDER The Mounds View City Council was called to order by Mayor McGarry at 7:00 p.m., on July 27, 1998. 2. ROLL CALL MEMBERS PRESENT: Mayor McCarty, Council Members Gunn, Quick, Koopmeiners, and Stigney. ALSO PRESENT: Chuck Whiting Clerk Administrator, Cari Schmidt, Assistant to the City • Administrator; Rick Jopke, Community Development Director; Jim Ericson, Planning Associate; Bob Long, City Attorney; and Dave Hix, Recording Secretary. Mayor McCarty thanked the City staff and citizens of Mounds View for their support during his time of illness and continued recovery. He told the Council and viewing audience that because of his recent stroke and its effect on his health, he would not be running for another term as Mayor of the City of Mounds View. 3. APPROVAL OF MINUTES A. July 13, 1998 City Council Meeting Minutes MOTION/SECOND: Koopmeiners/Gunn to approve the minutes as corrected. Stigney offered the following correction: On Page 6, at the Vote on Resolution 5251, Concerning Sufficiency of Corrected Petition for Initiative Regarding the Project Commonly Known as the Theater Project, Stigney was the Nay vote. Stigney corrected the spelling of Mike Ulrich. Mayor McCarty offered the following correction: On Page 2, Item C, Setting the Public Hearing for July 27, 1998, instead of July 17, 1998. Page 2 July 27, 1998 Mounds View City Council VOTE: Ayes - 4 Nays - 0 Abstain - 1(McCarty) Motion carried 4. SPECIAL ORDER OF BUSINESS: No special order of business was considered. 5. CONSENT AGENDA A. Approve Just and Correct Claims B. Approval of Contractor Licenses MOTION/SECOND: Quick/Koopmeiners to approve the Consent Agenda as published. VOTE: Ayes - 4 Nays - 0 Abstain - 1(McCarty) Motion carried 6. RESIDENTS' REQUESTS AND COMMENTS FROM THE FLOOR • Ralph Durand, owner of the new Mounds View Holiday Station Store, invited the City staff to an open house event for the new facility to be held August 4, 1998, from 4:30 - 7:00 p.m. He added there would be a ribbon cutting ceremony at 6:30 that he hoped the City Council would attend, schedules permitting. Alan Knowlton, 2912 Highway 10 N.E., told the Council he is a private pilot working out of the Anoka County Airport. He expressed his concerns in regards to the complaints that have been filed by City residents about the air traffic noise at the airport. Mr. Knowlton stated he wanted to help the City organize a formal complaint process so that the proper people received the opinions that were being expressed. He told the Council the process that the citizens are using now, that of going directly to the control tower, are falling on deaf ears. Mr. Knowlton gave the Council the name of Edward G. McKinely, Tower Manager, as the appropriate person to contact when making complaints in regards to the Anoka Airport facility. Mayor McCarty invited Mr. Knowlton to sit through the Council meeting and listen to the City Attorney's Report which would be focusing on the Anoka County Airport. 7. COUNCIL BUSINESS A. Public Hearing and Second Reading of Ordinance No. 621, Granting a Franchise to MediaOne to construct, operate and maintain a cable communications system in the City of Mounds View, and setting forth the conditions accompanying the granting of such a franchise. Page 3 July 27, 1998 Mounds View City Council 1. Consider Motion Adopting Whiting gave his report as follows: The City Council had reviewed the proposal at its last work session and is recommending approval of the franchise agreement with MediaOne. There have been no public comments regarding the ordinance. Mayor McCarty closed the Council meeting and opened the public hearing. No comments were considered. The public hearing was closed and the Council meeting was reopened. MOTION/SECOND: Quick/Koopmeiner to approve Ordinance No. 621 and waive the second reading. • ROLL CALL VOTE: Koopmeiners Aye Gunn Aye Quick Aye Stigney Aye Mayor McCarty Aye Motion carried. B. Public Hearing and Second Reading of ordinance No. 620, and Ordinance Amending Various Chapters of the Mounds view Municipal Code Relating to Driveways, Parking Areas, and Accessory Buildings. 1. Consider Motion Adopting Mayor McCarty closed the Council meeting and opened the public hearing. Ericson gave his report as follows: Staff had drafted Ordinance No. 620, an ordinance that puts in place proportional guidelines and permits larger garages based on those guidelines. The ordinance also addressed driveway • surfaces, requiring permanent improved surfaces such as concrete, asphalt or brick for all new construction, but does not require improved driveways where currently there is none unless a A Page 4 July 27, 1998 Mounds View City Council permit is pulled for a new garage or garage expansion. Since its first reading the ordinance has been changed as follows: Page 4, Subd. 2, Section 3, cross out the word "improved with a permanent surfacing material" and replace that text with "construct with a permanent improved surface". This change will alleviate the ambiguity of the term "permanent surfacing material." 2. Page 2, Subd. 3, c (1), cross out the words "to mean asphalt ,concrete, or brick." Ericson briefly reviewed the ordinance language as follows for the Council and the viewing public: Any new or reconstructed driveway shall be improved with a permanent surface; concrete, brick, or asphalt. Gravel or dirt driveways will not be allowed. 2. No building permit would be issued for the construction of a dwelling garage, garage . expansion unless the driveway surfacing for the project is improved. 3. The square footage of the garage shall not exceed the foundation area of the house (except by conditional use permit.) 4. The combined square footage for accessory buildings in the rear yard would be reduced from 25 percent to 20 percent. 5. The maximum garage area without a conditional use permit has been increased from 864 square feet to 952 square feet. 6. The combined square footage for all accessory buildings on one lot shall not exceed 1400 square feet. 7. A shed is allowable even if the garage does exceed 1000 square feet. 8. As many garage stalls as there are units are now allowable in the R-3 and R-4 districts. 9. Commercial and industrial parking stall dimensions would be reduced from 9'x20' to 9'X18'. 10. Gravel driveways have been eliminated from the City Code. All references to temporary . surfaces will be removed to eliminate confusion over the intent of what a temporary surface is. Page 5 July 27, 1998 Mounds View City Council 11. R-1 and R-2 districts can have 300 square feet of gravel parking area for RV storage. 12. Proof of parking will be allowed as a conditional use with the meeting of the City's criteria for that proof of parking. 13. A distinction between temporary and permanent surfaces would be eliminated with regard to setback of a driveway to the side property line. Mayor McGarry questioned Section 2: Section 902.05, Subd 1, Item b. Drainage Provisions: The driveway or parking area shall be constructed so as to provide drainage from the garage to the street unless a variance is granted by the Building Inspector. Mayor McCarty stated, "it was his own personal experience that if surface water drains through a persons back yard, and is filtered through a natural assimilation why the City would encourage that rather than require that water be drained through the street and eventually through the storm sewer system." Attorney Long stated issues such as this fall under the City's Building Code and not the City's • Zoning Code, so the Building Inspector and not the Planning Commission would have the charge of determining what should be done in issues such as this. McGarry suggested that the Council pass Ordinance No. 620 in its present form but he asked staff to "reassess and polish" Ordinance No. 620 with future amendments that would make the Ordinance apply equally to everybody. Mayor McCarty told Ericson the reference to Section 1104, Subd. 4(la) is not in the City's code book. He asked Ericson to research the issue and bring it to resolution. Mayor McCarty asked staff to reconsider the maximum size of allowable accessory buildings; currently stated as 216 square feet. This figure amounts to 2 percent of the allowable minimum lot size of 11,000 square feet. He stated that the larger lots in Mounds View need a proportional formula that would allow a percentage of the lot as an acceptable accessory building size in stead of the 216 square foot accessory building as the maximum size. Quick expressed his concern that the formula wouldn't work if an individual decided to have a lot split. Dan Coughlin, 8468 Spring Lake Road, spoke in opposition of not issuing permits until another portion of the property is upgraded. Example: If a person lives on a lake and wants to build a new fence, he would have to update his septic system before the fence could be built. He • suggested allowing the home owner aone-year period of time to complete the required upgrades. This would make it financially more reasonable to achieve more expensive types of upgrades. Page 6 July 27, 1998 Mounds View City Council • • Ericson stated this would put the City in a position of policing residential projects to make sure that they are being completed in the required time frame. Stigney, referring to the City's current ordinance, stated the City currently gives athree-month consideration, similar to the one Coughlin was suggesting. MOTION/SECOND: Quick/Koopmeiners to adopt Ordinance No. 620 and waive the second reading. ROLL CALL VOTE: Gunn Aye Quick Aye Stigney Aye Koopmeiners Aye Mayor McCarty Aye Motion carried C. Setting of Special Work Session, August 31, 1998 at 6:00 p.m., regarding the .1999 Budget. MOTION/SECOND: Koopmeiners/Gunn to approve setting of a Special Work Session, August 31, 1998, at 6:00 p.m., regarding the 1999 Budget. VOTE: Ayes - 5 Nays - 0 Motion carried RECESS TO CLOSED SESSION - 7:50 P.M. A. Discussion of 1998-1999 Patrol Officer Contract. MOTION/SECOND: Gunn/Koopmeiners to recess to the Closed Session. VOTE: Ayes - 5 Nays - 0 Motion carried BACK ON THE RECORD - 8:02 P.M. B. Reopen Council Session and Approval of Resolution No. 5256, 1998-1999 Patrol Officer Contract. Page 7 July 27, 1998 Mounds View City Council MOTION/SECOND: Quick/Gunn to approve Resolution No. 5256, 1998-1999 Patrol Officer Contract. VOTE: Ayes - 5 Nays - 0 Motion carried 9. REPORTS Council Member Quick No Report Council Member Koopmeiners No Report Council Member Gunn No Report Council Member Stigney No Report Mayor McCarty recommended that the Planning Commission be given the opportunity to interview the prospective candidates for the open Planning Commission seat. Upon completion of this interview process the City council would then accept the Planning Commission's recommendation and act to approve that recommendation. He also suggested that the Planning Commission's number be increased from its current six members up to the allowable nine members. Cam Obert, Planning Commission member, stated he was encouraged by the Council's willingness to ask for the Planning Commission's advise on choosing its own members. MOTION/SECOND: McCarty/Stigney to recommend to the Planning Commission that they interview the remaining candidates who want to serve on the Planning Commission, or any other candidates that may come forward and make a recommendation to the City Council to the number of nine. VOTE: Ayes - 5 Nays - 0 Motion carried Mayor McCarty asked the staff to pay special attention to the year 2000 computer glitch and make arrangements to have any problems that the City might encounter taken care of as early as possible. He expressed concern that waiting too long to resolve these issues might leave the City in a position of not being able to find the technical help would need in the year 1999. Whiting told the Council that there will be components of the City's budget that will reflect the fact that the City is taking measures to deal with the year 2000 computer glitch. Page 8 July 27, 1998 Mounds View City Council Whiting reminded the Council that the Chamber Gala will be held Thursday evening, July 30. Whiting requested that, in his absence because of vacation time, the City Council by motion approve Mike Ulrich as the Acting City Clerk Administrator. The dates for his vacation were stated as being August 5-25, 1998. He stated his selection was based on seniority and responsibility and familiarity with the City's organization. MOTION/SECOND: Quick/Koopmeiners to approve the temporary appointment of Mike Ulrich as Acting City Administrator from August 5, 1998 through August 25, 1998. VOTE: Ayes - 5 Nays - 0 Motion carried City Attorney Long gave his report on the Anoka County Airport as follows: Mounds View had met with the Transportation Committee of the Metropolitan Council in regards to the ongoing Court Order concerning the Anoka County Airport. i Met Council has decided not to voluntary participate in a Declaratory Judgement as requested by Mounds View's City Attorney. Reason given was that Met Council is not a party to the Stipulation signed in 1986. The City of Mounds View asked the Met Council to delay their vote approving the Anoka County Airport Project to allow the City of Mounds View to bring in a Declaratory Judgment against the Metropolitan Airport Commission (MAC) to get clarification on the Court Order. The Transportation Committee has an August 13, 1998 deadline in which they have to act on the Anoka Airport Project or it passes by default. They have indicated that they would like to stay out of litigation and accommodate Mounds View's request. They have agreed to recommend approval of MAC's plan subject to a request for a waiver from MAC to extend the timeline. If MAC agrees to an extension in time, and Mounds View proceeds with the declaratory judgment against MAC, it is hoped that on August 13, 1998, MAC would not take action but would defer to the timeline of the Court. MOTION/SECOND: McCarty/Quick to direct the City Attorney to proceed with the Declaratory Judgement Action regarding the Court Order and Stipulation dated July 1986, regarding the 1983 Metropolitan Airports Commission Comprehensive Plan Update for the Anoka County Airport. Whiting asked the Council to give the City Attorney some idea of how much legal cost the City would be willing to incur. Mayor McCarty stated the City cannot back off and get "weak kneed" at this point or MAC Page 9 July 27, 1998 Mounds View City Council would run right over the top of the City. Long stated this legal process would not include deposition costs and expert testimony costs. So in that regard, this process would be less expensive. Stigney suggested going to the surrounding communities that also would be affected by any decision and ask them to help fund the litigation that is in process. Long agreed that this would be a good idea and suggested that the City pursue this course of action. Quick asked Long what would happen if the City lost the case. Long stated that this is just the first round of the fight. The next step, about atwo-year process, would be for MAC to adopt the plan and continue on with the developmental process. There will be other opportunities both legislatively and legally, if further action is desired. VOTE: Aye - 5 Nays - 0 Motion carried Long told the Council that he would be on vacation for the August 10th meeting but there would be a replacement available from the law firm during his absence. 10. Next Council Work Session: August 3, 1998 - 6:00 Vim. Next Council Meeting August 10 1998 - 7:00 p.m. 11. ADJOURNMENT MOTION/SECOND: Quick/Gunn to adjourn the meeting. VOTE: Ayes - 5 Nays - 0 Motion carried The meeting was adjourned at 8:50 p.m. (The meeting immediately adjourned to the EDA meeting.) Respectfully submitted, Dave Hix Recorder i %~r-~~ Jnrrr~ ~ 0 MOUNDS VIEW CITY COUNCIL MEETING z7~ /9~8' .. NAME s~~~~l~'s// Please sign ADDRESS ~ I w~ , i .mss/ ys` r3~ ~- ~~ ~~ r~~31 C~o~o ~a ~'/J ,~ , Z.~.=L..~~.- 231g k~. ~ ~5 ~ ~ ~-~~ ~~