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HomeMy WebLinkAboutMinutes - 1998/11/23PROCEEDINGS OF THE CITY COUN CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting November 23,1998 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 McCarty at 7:00 p.m., on November 23, 1998. 2. ROLL CALL MEMBERS PRESENT: Mayor McCarty, Council Members Gunn, Koopmeiners, Quick, and Stigney ALSO PRESENT: Chuck Whiting, City Administrator; Rick Jopke, Community Development • Director; Jim Ericson, Planning Associate; Bob Long, City Attorney; and Dave Hix, Recorder. 3. APPROVAL OF MINUTES A. November 9, 1998, City Council Meeting Minutes MOTION/SECOND: Gunn/Stigney to approve the November 9, 1998, City Council Meeting Minutes as amended. Gunn offered the following correction: Under Council Business, Item 7B, change the name "Pam Reimersma" to "Pat Reimersma" throughout the discussion. Stigney offered the following corrections: Page 3, last paragraph, change the word "won" to "settled." Page S, last paragraph, change the initials "B.V." to "V.B," same page and paragraph, change the spelling of the word "compliment" to "complement." Page 14, first motion and second, correct the spelling of the word "o£" Page 13, insert the word "best" before the word "overall." Mayor McCarty stated the past election had the highest number of on-site registrations that the City has ever had. He commended all of the Judges and staff that helped in the process. Whiting stated a copy of the commendation would also be put in Cari Schmidt's file to recognize the work that she did in the election process. Mounds View City Council November 23, 1998 Page 2 VOTE: Ayes - 4 Nays - 0 Abstain - 1 (Mayor McCarty) The motion carried 4. SPECIAL ORDER OF BUSINESS A. Resolution No. 5279, A Resolution of Commendation and Recognition to the 1998 Election Judges for a Successful Primary and General Election. MOTION/SECOND: Koopmeiners/Gunn to approve Resolution No. 5279, A Resolution of Commendation and Recognition to the 1998 Election Judges for a Successful Primary and General Election. VOTE: Ayes - 5 Nays - 0 The motion carried 5. CONSENT AGENDA A. Approve Just and Correct Claims. • B. Approval of Contractor Licenses. (Staff Report Attached) C. Approval of Resolution No. 5380, Approving the Election Results from the November 16, 1998 Recount. D. Set a Public Hearing for 7:10 p.m., on Monday, December 14, 1998, to consider Resolution No 5281, A Resolution Approving a Preliminary Plat for the Carmike Theater Development Site, located at 2430 Highway 10. MOTION/SECOND: Koopmeiners/Quick to approve the Consent Agenda as published. VOTE: Ayes - 5 Nays - 0 The motion carried. 6. RESIDENTS' REQUESTS AND COMMENTS FROM THE FLOOR Mayor McCarty opened the floor for residents' requests and comments on items not on the agenda. No residents' requests or comments were considered on items not on the agenda and the floor was returned to the Council. 7. COUNCIL BUSINESS A. Appeal of a Variance Denied by the Planning Commission on September 16, 1998, Requested by Michael Tobias of 8111 Eastwood Road. Mounds View City Council November 23, 1998 Page 3 Associate Ericson gave the staff report as follows: On September 16, 1998, the Planning Commission, acting as the Board of Adjustment and Appeals, denied a variance request by Mr. Tobias to allow for two curb cuts on his lot, one accessing Eastwood Road, the other to access Sherwood Road. The Planning Commission acted to deny the variance request on the basis that there was no discernable hardship associated with the property which would warrant the granting of such a variance. Mr. Tobias was before the City Council exercising his right to have the Planning Commission's ruling of denial appealed to the Mounds View City Council. In April of 1998 Mr. Tobias's request for a building permit to replace his driveways was denied because of Mounds View's existing ordinance that limits asingle-family home to only one curb cut. Mr. Tobias agreed to eliminate the Sherwood Road driveway and the City issued him the appropriate building permit. The contractor that Mr. Tobias had hired, ACI Construction Inc., did not follow the construction plan and reconstructed both the Eastwood Road driveway and the Sherwood Road driveway. This was not an intentional act by Mr. Tobias, but an error on the part of the construction company. Staff notified Mr. Tobias that he had two options to bring his property in compliance with City Code: 1. Remove the portion of the driveway going to Sherwood Road; or 2. Apply for a variance Mr. Tobias applied for the variance, which was denied. The Planning Commission determined that the work that Mr. Tobias had contracted for was not repair or maintenance type work but reconstruction; thus, the work required a variance. The Planning Commission also discussed its option to waive the one-curb cut requirement if it is in the best interest of public safety. The Planning Commission determined traffic counts in the area were not sufficient to warrant a hazard to either the property owner or drivers in this area. Ericson reviewed the rationale for the City's Code that does not allow for more than one curb cut for asingle-family home. He also stated that no other variance requests with similar conditions had been made since 1979, the implementation date of the Code. It is the City's intent to bring nonconforming properties into conformance at the time that work is being done to the property. Mr. Tobias's problem was discovered when the City was doing its final inspection for the property, which is normal policy. Michael Tobias, 8111 Eastwood Road, said he has been a resident of Mounds View for over ten years. He and his wife have invested a substantial amount of money improving their home, including: New roofing, new bedrooms and bathrooms, and new siding. The final part of the improvement process was to repave the existing driveways. He stated these driveways were • Mounds View City Council November 23, 1998 Page 4 there when they moved into the house and would fall under the City's "grandfather" rules. Mr. Tobias reviewed the seven criteria that need to be met in order for the City to grant a variance request. He said it was his feeling that the Planning Commission did not consider a part of the criteria which states that a variance may granted if "practical difficulties" could be proved. Mr. Tobias said his practical difficulty is public safety, backing out of his driveway into oncoming traffic. Koopmeiners noted that the old driveway had been completely removed and replaced with new work. Mayor McCarty noted the construction company had revised their bid after the City denied the first building permit request. A second permit request was granted based on he City's recommendations and the contractor revised his bid in accordance with these City recommendation. So both Mr. Tobias and the contractor were aware that the Sherwood Road driveway was not a permitted condition. Ericson concurred with the Mayor's analysis. . Stigney stated Mr. Tobias had made a good case and should be granted his request for a variance. The contractor made an error and Mr. Tobias is not at fault, he added. MOTION/SECOND: Stigney/Gunn to approve the variance based on the facts as presented. Discussion: Mayor McCarty said that allowing a variance for Mr. Tobias would not bring a "wholesale two curb cuts" into the City on mid-block lots. He suggested that a change may be needed to the ordinance to make exception to corner lots because of their proximity to the corners and stop sign or traffic control devices. "Variances should not be the normal mode, they should be the exception," he stated. Quick stated he was opposed to the variance because the safety circumstance that Mr. Tobias had referred to, backing out of his driveway, was unsubstantiated. Grandfather clauses apply to properties only until the time there is going to be work done on the property, at which time the properties are brought up to code, he said. Quick said one of the goals of City development is to keep impervious surfaces down to a minimum. "If the City didn't have codes and rules to direct development within the City, we're just going to have a hodgepodge," he said. Quick said, "Codes are there to protect everybody else's interest, plus the property owner's." Koopmeiners noted that Mr. Tobias agreed to abide by the City's request that the Sherwood Road driveway be removed, and the permit was issued on that basis. The home owner is ultimately responsible for the work that is done on his property. • Mounds View City Council November 23, 1998 Page 5 Gunn asked if the contractor had admitted any wrong doing. Mr. Tobias said they have indicated they are not willing to remove any of the work. Mayor McCarty asked staff if the appropriate plans had been attached to the building permit. Ericson stated all building permits have the appropriate plans attached when they are sent to the applicants. The contractor had the correct plans before any work was to begin, he added. MOTION/SECOND: McCarty/Stigney to table the variance request until such time as the City and staff can review the ordinance, hold the appropriate public hearings, and make a judgement as to the relevance of the Code as it stands at present. Discussion: Mayor McCarty agreed there was a public safety issue as Mr. Tobias had stated. Stigney restated his opinion that Mr. Tobias had done nothing wrong and the variance should be granted. Mayor McCarty stated each time a variance is granted the Code is weakened by the precedent that is set. He said tabling the issue would give Mr. Tobias a chance to "stay out of the fray" for a while and then the City could take the necessary steps to amend the ordinance, if • deemed applicable. Quick stated the only time the City should consider changing an ordinance is when the City is "swamped" with variance requests. "I've been here continuously for 14 years, and I cannot remember one request such as this for a variance for two curb cuts in this situation. There is not a need out there to change this," he said. Quick added, "This is a black and white situation and we have to deal with it tonight." Attorney Long stated Mr. Tobias was raising an interpretation question that is both a legal question and a policy question of whether or not the work that was done was maintenance/repair work or new construction. If the work is maintenance/repair a variance is not required. If the work is new construction or reconstruction, and the question of conformity is raised, then a variance would be needed. Mayor McCarty told Mr. Tobias that he would have to agree to waive the 60-day rule and give the City the opportunity to review the ordinance in question. Quick told Mr. Tobias that his request would be considered by new Council Members and a new Mayor. Mayor McCarty told Mr. Tobias if the ordinance was changed in the review process his driveway would be in compliance and a variance would not be necessary. If the ordinance stays as is he would have the opportunity to reappear before the Council to continue arguing his case. Mr. Tobias asked if there would be any additional fees charged to him for the variance request. Mayor McCarty said no additional costs would be charged in the application. Staff concurred that there would be no additional costs. Mr. Tobias agreed to waive the 60-day rule. VOTE: Ayes - 4 Nays - 1 (Koopmeiners) The motion carried Chad Harris expressed his concern that the City was taking the appropriate steps to deal with the year 2000 ("Y2K") computer problem. Mayor McCarty and City Administrator Whiting Mounds View City Council November 23, 1998 Page 6 assured Harris that the problem was being dealt with in a timely manner. 8. REPORTS Quick No Report Koopmeiners No Report Gunn No Report Stigney No Report Mayor McCarty announced open seats on the Planning Commission, Street Committee, and Charter Commission. He invited members from the viewing audience to participate in their City's government by serving on one of the City commissions. • Whiting told the viewing audience that a Park and Recreation Commission meeting to discuss the possibility of contracting for park and recreation services and management of the Community Center with the YMCA has been set for November 23, 1998 at 7:00 p.m. The 1999 Budget Truth and Taxation meeting is set for November 30, 1998, 6:00 p.m. at City Hall. 9. Park & Recreation Commission Meeting: Tuesday, November 24,1998-7:00 p.m. 1999 Budget and Truth and Taxation Meeting: Monday, November 30, 1998 - 6:00 p.m. Next Council Work Session: Monday, December 7,1998-6:00 p.m. Next Council Meeting: Monday, December 14, 1998-7:00 p.m. 10. ADJOURNMENT MOTION/SECOND: Koopmeiners/Stigney to adjourn the meeting at 8:28 p.m. VOTE: Ayes - 5 Nays - 0 The motion carried Respectfully submitted, Dave Hix Recorder