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HomeMy WebLinkAboutMinutes - 1993/07/12 CITY OF MOUNDS VIEW CITY COUNCIL JULY 12, 1993 7:00 P. M. AGENDA The City Council is provided background information for agenda items in advance by staff and appointed commissions, committees and boards. Decisions are based on this information, as well as City policy and practices, input from .constituents and a Councilmember's personal judgement. If you have comments, questions or information regarding an item on the agenda, please step forward to be recognized by the Mayor during the "Residents Requests and Comments From the Floor" item on the agenda. Please state your name and address for the record. A11 comments are appreciated. A copy of all printed materials relating to the agenda item is available for public inspection at the Recording Secretary's Table. • 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL - Linke Wuori Blanchard Quick 4. APPROVAL OF MINUTES: June 28, 1993 Regular Meeting COUNCIL ACTION: A T D Comments: • t AGENDA PAGE TWO JULY 12, 1993 5. SPECIAL ORDER OF BUSINESS: There is no special order of business scheduled for this meeting. 6. RESIDENTS REQUESTS AND COMMENTS FROM THE FLOOR Citizens' comments are encouraged to a11ow individual citizens to address the Council, as a whole, on a matter of interest or concern to the citizens. The preservation of the Citizens' Comments item on the agenda is important in order to encourage and maintain this information flow. To preserve and protect this valuable communications Zink, a speaker is limited to three (3) minutes. CITIZENS: BEFORE SPEAKING PLEASE GIVE YOUR FULL NAME AND ADDRESS FOR THE MINUTES. 7. PUBLIC HEARINGS: a. 7:05 p.m. To Consider Request for Conditional Use Permit (Car Wash) at 2390 Highway 10, Planning Case No. 362-93, Staff Report No. 93-555C (Staff Presenter: Paul Harrington, City Planner) - Resolution. No. 4387 Approving/Denying Request for Variance at 2390 Highway 10, Planning Case No. 362-93 COUNCIL ACTION: A T D Comments: - Resolution No. 4388 Approving/Denying Request for Conditional Use Permit (Car Wash) at 2390 Highway 10, Planning Case No. 362-93 COUNCIL ACTION: A T D Comments: • AGENDA • PAGE THREE JULY 12, 1993 8. CONSENT AGENDA: A. Set Public Hearing for. 7:05 p.m., Monday, July 26, 1993, to Consider Request for a Conditional Use Permit at 2806 Highway 10, Planning Case No, 365-93 B. Adopt Resolution Nos. 4390 and 4391 Requesting Wage Adjustments for Mike Ulrich, Public Works Supervisor, and Paul Harrington, City Planner, Respectively, Staff Report No. 93-556C C. Adopt Resolution No. 4385 Approving Just and Correct Claims Against City Funds D. Licenses for Approval Fence -Expires 6/30/94 Able Fence, Inc. -Renewal HVAC -Expires 6/30/94 Louis Degidio, Inc. -Renewal Marsh Heating & Air Conditioning -Renewal Southside Plumbing & Heating -New McGuire and Sons Plumbing and Heating -New Rollins Heating and Air Conditioning -New Hoffman Corner Heating and Air Conditioning Company -New Constrom's Heating and Air Conditioning- New COUNCIL ACTION: A T D Comments: 9. COUNCIL BUSINESS: A. Consideration of Resolution No. 4386 Approving a Charitable Gambling License for aOne-Day, Off-Site Lawful Gambling Permit, Staff Report No. 93-557C (Staff Presenter: Michele Severson, Administration . Secretary) AGENDA PAGE FOUR JULY 12, 1993 COUNCIL ACTION: A T D Comments: B. Consideration of Setting a Public Hearing to Consider the Surface Water Management Utility for 7:06 p.m., Monday, July 26, 1993, Staff Report No. 93-558C (Staff Presenter: Samantha Orduno, City Administrator) COUNCIL ACTION: A T D Comments: • • C. Introduction and Consideration of Ordinance No. 527 Regarding Mayor and Counciimember's Compensation, Staff Report No. 93-559C (Staff Presenter: Tim Cruikshank, Assistant to the City Administrator) COUNCIL ACTION: A T D Comments: 10. REPORTS: 1. Report of Councilmembers: Blanchard: CJuick: Wuori: • AGENDA PAGE FIVE JULY 12, 1993 Report of Councilmembers: (continued) Rickaby: 2. Report of Mayor Linke: , 3. Report of Administrator: 4. Report of Staff: 5. Report of Attorney: NEXT COUNCIL WORK SESSION: JULY 19, 1993 6:00 P. M. Budget Work Session NEXT COUNCIL MEETING: JULY 26, 1993 11. ADJOURNMENT: • . PROCEEDINGS OF THE CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting July 12, 1993 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 Monday, July 12, 1993. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was said. ,OLL CALL MEMBERS PRESENT: ALSO PRESENT• APPROVAL OF MINUTES: Mayor Linke, Councilmembers Quick, Wuori, and Blanchard. Samantha Orduno, City Administrator; Paul Harrington, City Planner; Jim Thomson, City Attorney MOTION~SECOND: QUICK/WUORI approve minutes of June 28, 1993 Council Meeting as presented. VOTE: 4 ayes 0 nays Motion Carried SPECIAL ORDER OF BUSINESS There was no special order of business scheduled for this meeting. RESIDENTS REQUESTS AND COMMENTS FROM THE FLOOR Frank Gabrysh, 2832 County Road J, stated that he had received a letter from the Mounds View Public Works Department regarding the use of pumps. Mr. Gabrysh thanked Mike Ulrich, Public Works Supervisor and the Public Works ~rew for the fine job that they have done in handling the water problems for he residents of the City. Mounds View City Council Page Two ~egular Meeting July 12, 1993 CONSENT AGENDA Samantha Orduno, City Administrator, read the Consent Agenda. Mayor Linke asked if there were any items the Council desired removed from the Consent Agenda. There were no items removed. MOTION/SECOND: Wuori/Blanchard to adopt the Consent Agenda as presented. VOTE: 4 ayes 0 nays Motion Carried PUBLIC .HEARINGS Mayor Linke opened the Public Hearing to consider a request for a variance and conditional use permit (car wash) at 2390 Highway 10 Planning Case No. 362-93 at 7:05 p.m. Paul Harrington, City Planner, reviewed Staff Report No. 93-555C regarding a request for a conditional use permit at 2390 Highway 10. Harrington explained that Gateway Foods had made application for a conditional use permit to allow the placement of a fully automated car wash facility on their property at 2390 Highway 10. Harrington reported that during the review of the request, it was discovered that the placement of the facility n the property would not meet setback requirements as outlined in Chapter ~0 of the Municipal Code and would require that a variance be granted in order for the project to take place. Harrington further reported that the Mounds View Planning Commission reviewed the project plan and denied the variance request based on a lack of sufficient hardship. Harrington stated that the applicant has appealed the Commission's decision to the City Council level as allowed by Municipal Code. Harrington read the following letter from Jerome J. Simons, Jr., dated July 12, 1993, regarding the Gateway Foods Variance Request into the minutes and asked that it be attached to the minutes as part of the permanent record of this request: "July 12, 1993 Mr. Paul Harrington City Planner City of Mounds View RE: Gateway Foods Variance Request Dear Mr. Harrington: I am one of the owners, along with James McDonnell, of the apartment building located at 5284 Greenfield in Mounds View. I have been provided with a copy of the Notice of Public Hearing to be held tonight to consider ~he request of Gateway Foods for an automated car wash on their property along with a request for a variance. Mounds View City Council Page Three ~egular Meeting July 12, 1993 Because of conflicts in both Mr. McDonnell's and my schedule, neither one of us will be able to be physically present at the hearing. However, we would like to formally place our opposition and objection to the variance which would allow-the erection of a car wash within twenty feet of our property line. We strongly believe that such a variance will interfere with the quality of -life of the present tenants in our building. We also believe that the variance would result in the creation of certain vacancies and inhibit our ability to rent the units in the building. We would ask that you formally submit this written objection at the hearing. In the event that anyone should wish to contact us concerning this matter, I may be reached at my office at the number listed above. Very truly yours, (signed by Jerome J. Simons, Jr.) Jerome J. Simons, Jr. kra" Harrington introduced Terrie Groen of the Rider Bennett law firm, representing Gateway Foods with regards to their request for a conditional se permit for 2390 Highway l0. Ms. Groen presented the background of the ~usiness as well as described the type of car wash being proposed for the site. Ms. Groen stated that the property is of irregular shape, a large portion of the property is easement and there are two small wetland areas on the property. Also, the access points are off the highway. Ms.-Groen stated that with regards to the apartment complex, per the Municipal Code, the building-would have to setback 80 feet from the dwelling and the proposed plan of placement would have the building exceeding the setback requirements by an additional 12 feet. Ms. Groen introduced Tom Boulay, Vice President of Husky Manufacturing, builders of the automated car wash facility under consideration. Mr. Boulay commended the Planning Commission in their efforts to have the building conform to the 40 foot setback requirements. Mr. .Boulay explained that the car wash would be a touch free, automatic car wash where there is no contact or friction to the vehicle. Mr. Carlson, representative of Gateway Foods, commented that there had been a concern regarding screening and that four pine trees placed in the proper position would provide good coverage from Headlights. Mr. Carlson pointed out that the route of traffic had been driven to see which homes the headlights would effect, and there was only one home that could be detected hat would be affected from the lights. Mounds View City Council Page Four ~egular Meeting July 12, 1993 Mayor Linke stated that a variance request has to prove that there is a hardship unique to the property in existence and there is no hardship on this property that is unique to the property itself. Jim Thomson, City Attorney for the City of Mounds View, cited state law that is applicable to variance requests and the property in question does not meet the criteria for the granting of a variance. Mayor Linke reviewed the proposal and stated that he-would have to go along with the recommendation of the Planning Commission in regards to the fact that the car wash is not part of the primary. use of the property. Linke stated that almost all of the properties along the Highway 10 corridor face the same hardship as this parcel. MOTION/SECOND: Linke/Wuori to recommend denial of the variance request for 2390 Highway 10 (car wash) and have the City Attorney draft the proper language for this denial. Councilmember Wuori stated that she was in concurrence with the Mayor's comments and the Planning Commission's recommendation regarding the variance request. Wuori stated that almost all properties on Highway 10 have this shaped property and have reasonable use of this property. OTE: 4 ayes 0 nays Motion Carried Mayor Linke stated that the City must adhere to state law. Mayor Linke stated that he is a planner for Kraus Anderson and, when he was looking over the property, wondered if the business would be interested in joining forces with the car wash close in proximity in maybe giving out tokens for car washes or something similar to that. Mayor Linke thanked the applicants for attending the meeting and explaining their request. COUNCIL BUSINESS A. Michele Severson, Administration Secretary, reviewed Staff Report No. 93-557C regarding Resolution No. 4386 Approving a Charitable Gambling License for a One-Day, Off-Site Lawful Gambling Permit. Severson stated that the North Suburban Chapter of the Minnesota Deer Hunter's Association had submitted an application for a one-day, off-site gambling permit. Severson explained that this group is having their annual banquet at the Bel-Rae Ballroom and will be holding four raffles for various hunting accessories and art prints during the banquet. Proceeds from the banquet will be used for educational hunting skills programs. MOTION/SECOND: Quick/Wuori to adopt Resolution No. 4386 Approving a Charitable Gambling License for a One-Day, Off-Site Lawful Gambling Permit • VOTE: 4 ayes 0 nays Motion Carried Mounds View City Council Page Five ~egular Meeting July 12, 1993 B. Samantha Orduno, City Administrator, reviewed Staff Report no. 93-558C regarding setting a date of July 26, 1993 at 7:06 p.m. for a public hearing on the Surface Water Management Utility. Orduno reported that at the April work session regarding the Surface Water Management Plan, it was the Council's plan to conduct an informational meeting on the concept of a Surface Water Utility. The info meeting was to be held prior to any action taken on the implementation process of the Management Plan such as moving forward with the Utility concept. The informational meeting was held on June 21. The Council determined at their July 6, 1993 work session that the public hearing should be set for July 26, 1993. MOTIONLSECOND: Blanchard/Quick to set public hearing for the Surface Water Management Utility for 7:06 p.m. on Monday, July 26 VOTE: 4 ayes 0 nays Motion Carried C. Samantha Orduno, City Administrator, reviewed Staff Report No. 93-559C regarding the introduction and consideration of Ordinance No. 527 Regarding Mayor and Councilmember's Compensation. Orduno stated that during the 1993 budget process salary adjustments for Mayor and Council were budgeted for and informally approved. Orduno further reported • that, although these funds were available, they had not been utilized because state law and municipal code states, "a salary increase cannot become effective until after the next municipal election." With the Special Election scheduled for August 24,.1993, it is proposed that Ordinance No. 527 be adopted approving compensation increases for Mayor and Council. Orduno stated that the proposed increase for the Mayor is $125 per month and $100 per month for Councilmember. Orduno further reported that the Mounds View City Council is still one of the lowest paid in the Twin Cities Metropolitan Area. MOTION/SECOND: Quick/Blanchard to approve the introduction of Ordinance No. 527 Regarding Mayor and Councilmember's Compensation and waive the reading of the same. VOTE: 4 ayes 0 nays Motion Carried REPORTS 1. Report. of Councilmembers: Councilmember Blanchard - No report. Councilmember Quick Councilmember Wuori • Festival In the Park an invitation to eve at the Festival. - "Hope it quits raining!" - "Hope it quits raining long enough for the to take place." Councilmember Wuori extended ryone and hoped that she would see many people Mounds .View City Council ~egular Meeting Page Six July 12, 1993 2. Report of Mayor: Mayor Linke read a poem written by Daniel Lee, a 9 year old from Toronto, that was published in the National League of Cities magazine entitled, "My World". Mayor Linke stated that this poem reminded him of the upcoming FOCUS 2000 process that will be taking place in Mounds View where the residents of Mounds View would decide their future and decide what they want Mounds View to be. Mayor Linke stated that FOCUS 2000 is a process which will attempt to make dreams come true. Two forums will be held, one on July 21 and another on July 22 from 6:00 - 10:00 p.m. at Edgewood Middle School Cafeteria and all "stakeholders" (residents and those who work in the City) are invited to attend. • Mayor Linke explained that all residents should have received a FOCUS 2000 brochure in the past couple of weeks. This brochure described the FOCUS process and had a comment card attached for those who would .not be able to make the Forums. Mayor Linke encouraged those persons who cannot attend the meetings to fill out the comment card and return it to City Hall. Mayor Linke also stated that the City Newsletter should have been received today, and if not,. tomorrow. In the newsletter is also a card regarding the FOCUS 2000 process. Mayor Linke asked the residents to fill out and return the card to City Hall if they cannot attend the forums and have not already returned a card. Mayor Linke also stated that there is an article in the newsletter regarding the upcoming Special Election scheduled for August 24, 1993. Mayor Linke announced that Mounds View City Hall will be open from 1:00 - 3:00 p.m. on August 21, 1993 for absentee voting and also on Monday evening, August 23, 1993 from 5:00 p.m. until 7:00 p.m. for absentee. voting. • Report of Administrator Samantha Orduno, City Administrator, reported that the City is interested in placing signs regarding the FOCUS 2000 process at various locations within the City. Orduno reported that Resolution No. 4392 Granting Special Council Approval for FOCUS 2000 Signs had been drafted and for Council's review and consideration. MOTION/SECOND Wuori/Linke to adopt Resolution No. 4392 Granting Special Council Approval for FOCUS 2000 Signs Councilmember Quick asked Orduno to read Resolution No. 4392. VOTE: 4 ayes 0 nays Motion Carried Mounds View City Council Page Seven ~egular Meeting July 12, 1993 Orduno further reported that child care will be provided for those persons attending the forums. The City is attempting to make it convenient for everyone to attend the forums. The City's playground leaders will be in charge of child care. Report of Staff: No report Report of Attorney: No report Mayor Linke announced that on July 19, 1993 at 6:00 p.m. there would be a Budget Work Session and on July 26, 1993 there would be regular Council Meeting. ADJOURNMENT There being no further business before this Council, Mayor Linke adjourned the meeting at 7:53 p.m. • Respectfully submitted, ~~~ ~~- ic a Severson Record ng Secretary • • BENNETT, iNGVALDSON & SIMONS, i'.A~.. ATTORNEYS 4T („AW 9500 NORMANDALE LAKE BOULEVARD SUITE f 660 MINNEAPOL)S, MINNESOTA 55637 TELEPXONE (612) 92i-8350 TELECOPI£R (6f2) 92i•i3851 R08ERT DENNETT" ERIC W. INGVALOSON `• JEROME J. SIMON9, JR, MICHAEL P. COATr July 12, 1993 Via Facsimile (784-3462) * /r1V(L TRIAL SPECfAUET CEATtiftD 9Y TkE MINNEBOTf STATE SAR ASfTOCIATION AND NATIONAL BOARD OF TRIAL ,OVOCACY " REAL PltoPIRTY $P$C1ALiBT CERTtirED sYTN6 M1NNEf3oTA STATE sAR ASSDOgTION At.6o ADMITTED Ta PRAarTtc6 tN ' WYOMING, ' W18CONSIN Mr. Paul Harrington City Planner City of Mounds View RE: Gateway Foods Variance Request • Dear Mr. Harrington: I . am one of the owners, along with James McDonnell, of the apartment building Located at 5284 Greenfield in Mounds View. I have been provided with a copy of the Notice of Public Hearing to be held tonight to consider the request of Gateway Foods for an automated car wash on, their property along with a request for a variance. Because of conflicts in both Mr. McDonnell's and my schedule, neither one of us will be able to be physically present ai the hearing. However, we would like to fornally place our opposition and objection to the variance which would allow the erection of a car wash within twenty feet of our property line. We strongly believe that such a variance will interfere with the quality of life of the present tenants in our building. We also believe that the variance would result in the creation of certain vacancies and inhibit our ability to rent the units in the building. We would ask that you formally submit this written objection at the h~:aring. In the event that alone should wish to contact us concerning this matter, I may be reached at my office at the number listed above. truly yo rs, ~" UV ~e J. S' ns, Jr. • kra i~i•d •d•d SIH ie:~i ss~ zti ~rtr