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HomeMy WebLinkAboutMinutes - 1992/07/27• r _ CITY OF MOUNDS VIEW CITY COUNCIL JULY 27, 1992 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. AZZ 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 Rickaby Blanchard Quick Wuori 4. APPROVAL OF MINUTES: July 13, 1992 Regular Meeting COUNCIL ACTION: A T D • AGENDA PAGE-TWO JULY 27, 1992 5. SPECIAL ORDER OF BUSINESS: A. Adoption and Presentation of Resolution No. 4257 Commending Peter Szurek for Re-finishing Woodcrest Park Building , COUNCIL ACTION: B. Adoption and Presentation of Resolution No. 4256 Commending Bryan Rife for the Construction of a Landscape Border Around the Horseshoe Courts at Silver View Park COUNCIL ACTION: C. Update on Long Lake Road Project 6. RESIDENTS REQUESTS AND COMMENTS FROM THE FLOOR • Citizens' comments are encouraged to allow 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 SPEARING PLEASE GIVE YOUR FULL NAME AND ADDRESS FOR THE MINUTES ------------------------------------------------------------- 7. PUBLIC HEARINGS• 7;05 p.m. - To consider a Request for a Conditional Use Permit to Allow a Residential Dog Kennel at 8261 Red Oak Drive, Planning Case No. 338-91, Staff Report 92-325C - Consideration of Resolution No. 4260, Request for Conditional Use Permit to Allow a Residential Dog Kennel at 8261 Red Oak Drive COUNCIL ACTION: A T D Comments: • AGENDA a. PAGE THREE JULY 27, 1992 7:10 p.m. - To consider a Request for a Conditional Use Permit to Allow a Residential Dog Kennel at-5200 Jeffrey Drive, Planning ' Case No. 339-91, Staff Report No. 92-326C - Consideration of Resolution No. 4261, Request for Conditional Use Permit to Allow a Residential Dog ~~~~ ~,~:v~ Kennel at ~8~-2-6z~ed-9u~-ai .r.t 5 2 ~v '"~'~ COUNCIL ACTION: A T D Comments• 7:15 p.m. - To consider a Request for a Conditional Use Permit to Allow an Oversized Accessory Structure at 7074 Knollwood Drive, Planning Case No. 347-92, Staff Report No. 92-327C - Consideration of Resolution No. 4262, Request for Conditional Use Permit to Allow an Oversized Accessory Structure at 7074 Knollwood Drive COUNCIL ACTION: A T D Comments: 7:20 p.m. - To consider the First Reading of the 1992 Long Term Financial Plan, Staff Report No. 92-328C COUNCIL ACTION: A T D Comments: • AGENDA PAGE FOUR JULY 27, 1992 8. CONSENT AGENDA: A. Set Public Hearing for 7:05 p.m., August 10, 1992 for Consideration of a Conditional.Use Permit for an Oversized Accessory Building, 2454 County Road H2 Staff Report No. 92-329C B. Adopt Resolution No. 4258 Authorizing the Purchase of a Plain Paper Fax Machine, Staff Report No. 92- 330C C. Adopt Resolution No. 4264 Designating a Portion of the Fund Balance of the General Fund, Staff Report No. 92-331C D. Adopt Resolution No. 4259 Approving Just and Correct Claims Against City Funds E. Licenses for Approval Sewer and Water - Expires 6j30/93 Northern Plumbing and Heating, Inc. - New Larson Plumbing, Inc. - Renewal Asuhalt - Expires 6!30192 Northern Asphalt, Inc. - Renewal .COUNCIL ACTION: A T D Comments• 9. COUNCIL BUSINESS: A. Discussion of Request by Mounds View Antiques to Allow Off-Site Signage, Staff Report No. 92-332C COUNCIL ACTION: A T D Comments: • AGENDA PAGE FIVE JULY 27, 1992 B. Consideration of Resolution No. 4265 Approving the Final Plat for Harstad Companies, Staff Report No. 92-333C COUNCIL ACTION: A T D . Comments• C. Consideration of Resolution No. 4263 Approving the Transfer of Ownership of North Central Cable Communications Corporation, Staff Report No. 92-334C COUNCIL ACTION: A T D Comments• D. Consideration of Setting a Public Hearing for 7:05 p.m., August 24, 1992 to Consider an Ordinance Approving an Electrical Energy Franchise Agreement with Northern States Power (NSP), Staff Report No. 92-335C COUNCIL ACTION: A T D Comments• E. Consideration of Setting a Public Hearing for 7:10 p.m., August 24, 1992 to Consider an Ordinance Approving a Gas Energy Franchise Agreement with Northern States Power (NSP), Staff Report No. 92-336C COUNCIL ACTION: A T D Comments• • AGENDA PAGE SIX • JULY 27, 1992 F. Consideration of Setting a Public Hearing for 7:15 p.m., August 24, 1992 to Consider an Ordinance Implementing a Franchise Fee on Gas and Electric Utilities, Staff Report No. 92-3370 COUNCIL ACTION: A T D Comments• G. Consideration of Designating the St. Paul Pioneer Press as the City's Second Legal Paper, Staff Report No. 92-338C COUNCIL ACTION: A T D Comments• • 10. REPORTS• 1. Report of Councilmembers: Rickaby, Quick, Blanchard, Wuori 2. Report of Mayor Linke 3. Report of Administrator 4. Report of Staff 5. Report of Attorney 11. ADJOURNMENT• NE%T COIINCIL WORK SESSION: AIIGIIST 3, 1992 NEST COIINCIL MEETING: AIIGIIST 10, 1992 • • PROCEEDINGS OF THE CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting July 27, 1992 Mounds View City Hall 2401 Hwy. 10, Mounds View, MN 55112 CALL TO ORDER ~he Mounds View City Council was called to order by Mayor Linke at 7:00 p.m. n Monday, July 27, 1992. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was said. ROLL CALL MEMBERS PRESENT: Councilmembers Rickaby, Blanchard, Quick, Wuori and Mayor Linke. MEMBERS ABSENT: None ALSO PRESENT: Samantha Orduno, City Administrator, Ric Minetor, Public Works Director/City Engineer, Paul Harrington, City Planner APPROVAL OF MINUTES: MOTION/SECOND: Rickaby/Blanchard to approve July 13, 1992 minutes as amended. Councilmember Rickaby made a correction to the vote on page 18 and to the vote on page 21 making each of them read 4 ayes and 1 nay. VOTE: 5 ayes 0 nays Motion Carried ounds View City Council ~egular Meeting Page Two July 27, 1992 SPECIAL ORDER OF BUSINESS: MOTION1SECOND: Linke/Quick to adopt Resolution No. 4257 Commending Peter Szurek for Refinishing Woodcrest Park Building Mayor Linke read Resolution No. 4257 Commending Peter Szurek for Refinishing the Woodcrest Park Building. VO 5 ayes 0 nays Motion Carried Mayor Linke presented the above referenced resolution of commendation to Peter Szurek and thanked him on behalf of the residents of the City for his work in the repair and repainting of Woodcrest Park building as his project-for an Eagle Scout Award. MOTIONLSECOND: Linke/Wuori to adopt Resolution No. 4256 Commending Bryan Rife for Construction of a Landscape Border Around the Horseshoe Courts at Silver View Park • Mayor Linke read Resolution No. 4256 Commending Bryan Rife for Construction of a Landscape Border Around the Horseshoe Courts at Silver View Park. VOTE: 5 ayes 0 nays Motion Carried Mayor Linke presented the above referenced resolution of commendation to Bryan Rife and thanked him on behalf of the residents of the City for his work in the construction of a timber landscape border for the horseshoe courts at Silver View Park. Update on Long Lake Road Project: It was noted by Mayor Linke that Ric Minetor, Director of Public Works/City Engineer had left work early today because of illness. Mr. Minetor was called back to work and is on his way in. RESIDENTS REQUESTS AND COMMENTS FROM THE FLOOR: Duane McCarty, 8060 Long Lake Road, asked if the Council would accept the comments that normally would be given at this time after the Long Lake Road Update. Mayor Linke assured Mr. McCarty that the Council would hear the comments from the residents after the Long Lake Road Update presentation by Ric Minetor, Director of Public Works/City Engineer. • ~ounds View City Council Regular Meeting Page Three July 27, 1992 PUBLIC HEARINGS: Mayor Linke opened the public hearing at 7:11 p.m. to consider a request for a conditional use permit to allow a residential dog kennel at 8261 Red Oak Drive. Paul Harrington, City Planner reviewed Staff Report No. 92-325C regarding a Conditional Use Permit to Allow the Establishment of a Residential Dog Kennel at 8261 Red Oak Drive. Chapter 40.10 Subdivision D (4) of the Mounds View Municipal Code allows for dog/cat kennels of not more than four (4) animals in residential zone districts with a conditional use permit. The applicants property is currently zoned R-1, Single Family Residential. The application indicates that four (4) dogs will be kept on-site. Councilmember Wuori asked where on the site the dog kennel would be located. Harrington responded that the entire site is dealt with as the site. This is not a kennel as we know it with a concrete slab and a fence around it. Councilmember Rickaby asked the applicant how many barking dog complaints ~ad been received. Mary Niezgocki, applicant, stated that on two occasions there were complaints made. There was one complaint in 1990 and one in 1991. Both incidents involved puppies. The applicant said she had kenneled the dogs outside for the day and forgot to bring them in and the neighbors had a party which upset the dogs. There have been no more complaints. There will be four dogs at this location, two adults and two puppies. One of the adult dogs, which was a puppy at the time of one of the barking complaints, has been debarked and can no longer make noise. Niezgocki stated that the person who had made the complaints had also signed the petition for the kennel. Mayor Linke closed the public hearing at 7:15 p.m. MOTION/SECOND: Quick Blanchard to adopt Resolution No. 4260 Approving a Conditional Use Permit to Allow the Establishment of a Residential Dog Kennel at 8261 Red Oak Drive VOTE: 5 ayes 0 nays Motion. Carried Mayor Linke opened the public hearing at 7:16 p.m. to consider Denying a Conditional Use Permit to Allow the Establishment of a Residential Dog Kennel at 5200 Jeffrey Drive ~aul Harrington, City Planner, reviewed the staff report and request to deny conditional use permit to allow a residential dog kennel at 5200 Jeffrey Drive. Harrington stated the Planning Commission recommended denial of ounds View City Council ~egular Meeting Page Four July 27, 1992 this Conditional Use Permit based upon the fact that control and restraint of the animals continues to be a problem on the proposed kennel site. Police reports filed on the property relating to the dogs kept on site were attached to this report. Harrington had received two letters that he read into the minutes (attached). The letters were from Gary Olson, 5209 O'Connell Drive, dated July 14, 1992, stating his opposition to the granting of the Conditional Use Permit. The other letter was from Mark and Debbie Gavett, 5210 Jeffrey Drive, received July 23, 1992, stating their opposition to the granting of a Conditional Use Permit to the applicant as they already have four sheds and a large swimming pool in their backyard (attached). The letter further stated that the signatures obtained on the petition were from people who lived far enough away from the property that they were not aware of the bitings or would care about the looks or smell of the property. LaDean Norton, 5209 Jeffrey Drive, (across from the property) stated that there has been trouble with the dogs in the past and he was in opposition of the granting of a residential kennel on this property. Mark Gavett, 5210 Jeffrey Drive, stated that he has three small children and a couple of times the bus driver had to escort the children to the door ather than drop them off because the dogs were outside.. Mayor Linke closed the public hearing at 7:20 p.m. Applicant was not in attendance at the Council Meeting. MOTIONf SECOND: Wuori/Rickaby to Adopt Resolution No. 4261 to Deny a Conditional Use Permit to Allow the Establishment of a Residential Dog Kennel at 5200 Jeffrey Drive VOTE: 5 ayes 0 nays Motion Carried Mayor Linke opened the public hearing at 7:21 p.m. to Consider a Request for a Conditional Use Permit to Allow an Oversized Accessory Structure at 7074 Knollwood Drive. Paul Harrington, City Planner, reviewed the staff report and request regarding this oversized accessory structure to be constructed in the applicant's rear yard. Harrington stated this request meets the City's zoning requirements for size of structure. Harrington read into the minutes a letter from Gordon and Shirley Johnson, copy attached, concerning potential water runoff problems that may develop from the roof of a building this size. A request was made by the Johnsons that there would be adequate grading so water runoff would not be a problem ~f the request for this oversized building is granted. ounds View City Council Page Five ~egular Meeting July 27, 1992 Harrington further stated that he was unable to get ahold of the applicant, but he stated a grading plan could be provided and, in his opinion, the letter was more of a concern than a criticism to deny the Conditional Use Permit. Pat Stampfle, applicant, stated that the grading was part of his plan and that he would grade so the Johnsons would not have undue runoff from the roof of this building. Mayor Linke stated that sometimes in the past the City had asked that the applicant remove the door so the old garage could not be used as a garage. The Planning Commission has asked that a driveway to the existing building be removed to assure that it is not used as a garage. Harrington stated that old collector cars could be stored in this building, but not a licensed vehicle. Richard Hedin, 8040 Long Lake Road, asked what the size would be of the oversized accessory building and what is the size of the existing building. Harrington stated the new building would be 780 square feet and the existing garage is 286 square feet. ~ouncilmember Rickaby asked what the existing driveway was composed of. Stampfle stated it was blacktop. Councilmember Rickaby stated this should help the runoff problem in that impervious surface was being removed. Mayor Linke closed the public hearing at 7:26 p.m. MOTIONjSECOND: Quick/Rickaby to adopt Resolution No. 4262 Approving the Request by Patrick Stampfle for a Conditional Use Permit to Allow An Oversized Accessory Building on Their Property at 7074 Knollwood Drive VOTE: 5 ayes 0 nays Motion Carried Mayor Linke opened the public hearing at 7:27 p.m. to consider the 1992 Long Term Financial Flan. Samantha Orduno, City Administrator, reviewed the steps taken by the City Council in formulating the 1992 Long Term Financial Plan and its use in the budgetary process. Orduno stated that there had been Council Work Sessions in June and July with regard to this Plan and that a copy of the document has been in City Hall for public review. Orduno explained that this ~ocument is used as a window to take a look at the needs of the community ver the next five years. ounds View City Council ~egular Meeting Page Six July 27, 1992 Mayor Linke also stated that this document is not cast in concrete and that it can change. This plan looks at future needs but sometimes changes. Mayor Linke closed the public hearing at 7:29 p.m. MOTION/SECOND: Wuori/Blanchard to accept the first reading of Ordinance No. 513 Adopting the 1992 Long Term Financial Plan and waive the reading. VO E: 5 ayes 0 nays Motion Carried Mayor Linke stated that the second reading would be scheduled for the next regularly scheduled Council Meeting. CONSENT AGENDA Mayor Linke introduced the Consent Agenda. Samantha Orduno, City Administrator, read the Consent Agenda. MOTION/SECOND: Quick/Wuori to adopt the Consent Agenda as presented. VOTE: 5 ayes 0 nays Motion Carried COUNCIL BUSINESS: A. Paul Harrington reviewed Staff Report No. 92-321C regarding a Request by Mounds View Antiques to Allow Off-Site Signage. Mounds View Antiques is requesting Council approval for the location of a sign on property other than that upon which their business is being conducted. Harrington stated that the Minnesota Rental Sign exceeds square footage as our code is written, but some of their signs predate our ordinance. Councilmember Blanchard asked if the applicant was in the audience. Applicant was not in attendance. Councilmember Blanchard stated that this item could not be worked on because the Council did not have complete information as to the size and location of the sign being requested. Councilmember Wuori stated that if their signs exceed requirements, at this time the signs be brought up to code. Councilmember Blanchard stated that the Sands Apartments requested signage that exceeded the code and would be placed on someone else's property and was turned down by a previous Council. Paul Harrington, City Planner, stated that there was no history that could be found of the City allowing this signage. ounds View City Council ~egular Meeting Page Seven July 27, 1992 Mayor Linke asked the Councilmembers if they would be okay with holding off on this item until near the end of the meeting. The item would not be officially tabled. The applicant may have assumed the meeting would be long like the last meeting and would come later. Councilmember Wuori stated she had no problem with moving the item to later if some action were formally taken before the end of the meeting. Ric Minetor, Director of Public Works/City Engineer, joined the meeting at approximately 8:00 p.m. Mayor Linke asked Mr. Minetor at this time to present his update on Long Lake Road. Mayor Linke stated there were some residents in the audience who had concerns with what size the sidewalk would be. Minetor stated the following with regards to Long Lake Road: Williams Pipeline Company will put new pipeline from County Road H to south of County Road J. The pipeline will be placed three feet within the right-of-way which will improve safety conditions. The pipe should be delivered this week and Williams will begin this week or • next. Northern States Power (gas) is behind schedule as they have just begun work. Until Williams Pipeline and Northern States Power finish the utility work Schaeffer Construction, general road contractor, can't begin their work. Schaeffer will not begin their work for two to three weeks. This is a two year project. Some work will be done this summer and some next summer. The County Road H2 and County Road I watermain crossing on Highway 10 is scheduled to be put in this year. The plans approved and bid on are for a 7' sidewalk. The 7' sidewalk would be on the west side of Long Lake Road. Normally when sidewalks are installed they are 5' wide on both sides of the road. With the sidewalk only on wide side the extra width is needed for safety purposes with bicycles and walkers. 7' is only two feet wider than the standard sidewalk. Duane McCarty, 8060 Long Lake Road, stated that he objects to the 7' wide sidewalk. Most of the neighbors that he has spoken to don't have a problem with the sidewalk. Mr. McCarty indicated that his wife is in favor of the sidewalk, infact. Mr. McCarty stated he understands that for maintenance and equipment the width is needed. Mr. McCarty stated that he knows this Council will not be around forever and if the next Council comes in and chooses to no ounds View City Council ~egular Meeting Page Eight July 27, 1992 longer maintain the sidewalks (snow removal) the homeowner would have or pay the consequences. A 5' sidewalk is wide enough to shovel. Mr. McCarty also stated that he has concerns with removing some of the old trees that are 30 and 40 years old. Removing the old trees will remove much of the ambience of the boulevards on Long Lake Road. Mr. McCarty asked the Council to revisit the entire subject. Mayor Linke asked what the sidewalk width was on Long Lake Road in New Brighton. Minetor stated he thought it was either 5' or 6', but he wasn't certain. Richard Hedin, 8040 Long Lake Road, asked why the City had to put in a 7' sidewalk when they could widen the road and put in a bicycle lane and then add a standard sidewalk and there would not be as many trees lost. Mr. Hedin has planted approximately 50 on his own lot. Mr. Hedin stated that they add to the beauty of the neighborhood. Mayor Linke stated that by making the sidewalk 5' and not 7' it would not save that many more trees. Mr. Hedin stated that most kids will ride on the road, not on the sidewalk. The speed limit on that road is 30 miles per hour because of the kids that ride bikes on that road. There are a lot of children on Long Lake Road. At night, it sounds like a dragstrip. Mr. Hedin suggested to keep the speed limit at 30 and police it a little heavier on weekends and evenings to keep down the traffic. Mr. Hedin stated, in his opinion, a 7' sidewalk is stupid. Minetor stated the east side of the road cannot be reduced because of the pipeline. Minetor stated that he and the City Forester went out and looked at all the tree sites in question. Even if the sidewalk was reduced to 5', 2' wouldn't save trees. Minetor further stated that if a bike lane were put in, Long Lake Road would become no parking on the bike lane and the width would have to be increased by 4'. Many children do ride in the street, but in his opinion, he doesn't feel it's safe on a collector street. Minetor stated that he agreed with the residents. There are many nice trees along Long Lake Road. Minetor stated that he and the Forester did what they could to save what trees they could. Many trees on the east side have to be removed so that Williams Pipeline can dig with a backhoe. The trees would have to be trimmed back 20' and in some cases this wouldn't leave much of a tree. Also from the liability aspect, these trees could blow over in a storm with half of their root base cut off. ounds View City Council ~egular Meeting Page Nine July 27, 1992 Minetor stated by adjusting the sidewalk, possibly two more trees may be saved. Mayor Linke asked if they had met with the residents and explained the situation to them. Minetor stated that they had met with as many residents who came in or called. Mayor Linke stated that the Forester is in on Tuesdays. Any resident who has special problems should contact Ric to set up a meeting and go over their individual case. Dave Lawrence, 8530 Long Lake Road asked what the white x's were on the trees. Minetor stated that these are trees that, in the beginning, looked like they could be saved. It was determined, however, that these trees have to be taken because of Williams Pipeline. Minetor explained the requirements regarding the shifting of the center line of the roadway. • Dave Lawrence could understand sidewalks on Quincy and County Road I as they are busy roads. Councilmember Wuori stated that Long Lake Road is also a busy road. Councilmember Wuori also stated that where there are sidewalks in the City they are being heavily used. Dave Lawrence stated that the trees that would be cut around will reroot in two years. Minetor stated that a reason for not doing this is liability. One concern is that a tree that had been severely trimmed could go through a house during a storm. The tree being discussed would have to be trimmed back 20' and this would not leave much of a tree. Mr. Lawrence stated that his white pine is 35 to 40 years old. and it could go up to 50. Mr. Lawrence stated that the City could have the other pines as he does not want to loose them either. Minetor stated that in a natural location that tree could grow up to 50'. The Forester indicated it would not be a good idea to try to save it. Mr. Lawrence stated that if the tree dies, he will cut it down. ounds View City Council ~egular Meeting Page Ten July 27, 1992 Minetor stated that when a tree dies due to a project, government usually ends up removing the dead tree. Mayor Linke stated that Mr. Lawrence should meet with Ric Minetor and the City Forester. Minetor stated that there would have to be a complete waiver of liability if the tree would be left standing with one half of the roots cut off. Mayor Linke stated that Mr. Lawrence should give Ric his name, phone number and address. Councilmember Blanchard asked Ric Minetor, if after talking to the homeowners, are most of the homeowners adamant about keeping trees? Minetor stated that most of the residents understand the reasoning behind the tree removal. Sharon Croon, 8475 Eastwood Road, stated she and her husband were not informed of what was going on with Long Lake Road. They received no letter in the spring. Stakes appeared in her backyard and she spoke to Jim. Jim told her not to worry until next year about the stakes and what was going on. Then stakes appeared way into the easement and she became very concerned. The City will not get • her bushes. A few years back Long Lake Road took half of her backyard. Ms. Croon understood that the City would give homeowners $150 to use the property. She and her husband gave permission. Ms. Croon stated that her bushes are not going and the big oak will not go. Ms. Croon said she would blow up the place before they could take the tree. Croon states she has a bad relationship with Mounds View. Croon doesn't want to lose bushes or cottonwood. Ms. Croon stated that she was told this easement would be used for a temporary road. Mr. and Mrs. Croon gave their permission to use their property as a construction zone. The gentleman who showed me the plans said the sidewalk would be a 4' sidewalk. This gentleman is telling the same thing to all the other residents. He has plans in his truck that show a 4' sidewalk. Minetor asked that she give him the man's name. Minetor explained that the City had hired Evergreen Land Service: Minetor further explained that there were two addresses that didn't receive letters, but were sent to .the service who was doing negotiations with the residents and were on the mailing labels. Minetor stated that he had met with Mr. Croon and explained the situation to him. The meeting was fairly congenial. The bushes that Ms. Croon is referring to are planted in County right-of-way. Minetor stated that he offered to scoop the bushes up with the front end loader and place the bushes to the back of construction zone and they could be replanted. Minetor further stated that .the City would not then level the backstop. The portion of the plantings in the right-of way will have to come out. ounds View City Council ~egular Meeting • • Page Eleven July 27, 1992 Minetor further stated that their property would not have to be touched if the homeowners decided they wanted nothing in their yard bothered, however, their yard would be steeper from the sidewalk to the property instead of a gentle slope. Ms. Croon said that she has been taking care of this corner for 16 years and perhaps now she should charge the City of Mounds View. Minetor stated that for the past two years a 4' sidewalk has never been discussed.. It has always been a 7' sidewalk. Minetor again said he would like the gentleman's name and he will talk to his boss at Evergreen. Mayor Linke stated this is an issue that cannot be solved tonight but Ric should meet with the Forester, construction supervisor, Evergreen and the Croons to come to some understanding of what is happening. Duane McCarty stated that the County just completed a comprehensive plan for a bike trail system in the Metropolitan area. He would like to trade some ideas with the system and share some expertise on how decisions were made for this trail system. Minetor stated Schaefer Construction will be delayed approximately 3 weeks. If they have made adjustments to their schedule, he doesn't have any exact dates. McCarty stated that there is a good chance that there would be enough time for the County and the City to meet and trade information and then perhaps hold a public informational meeting. Nick Mosgow, 8330 Long Lake Road, who lives across from Ardan Park, asked why the road couldn't be moved over a couple of feet to the park side to save a few more trees. Minetor responded that if the road is moved toward Ardan, more trees will be lost in Ardan Park. This would be the only area where it may be possible to look at the situation regarding loss of trees. Mosgow stated that most persons care more about the trees on their own property than they do about the trees in Ardan Park. Mayor Linke stated those trees make a good buffer and shield from the compost center. Minetor stated there could become a concern with regard in the curves in the roadway. Curves have to be at a minimum radius. ounds View City Council ~2egular Meeting Page Twelve July 27, 1992 Councilmember Blanchard stated that one and one half years ago public hearings were held and maps showing what would be done were posted in the Chambers. People didn't pay much attention at that time because it was for something in the future. Now that it is happening everyone is concerned. Blanchard feels the City should again meet with the people and explain why a 7' sidewalk is being constructed rather than a 5' sidewalk. What width is New Brighton's sidewalk? If 7' gives more credence, if less we can look at that too. B. Paul Harrington reviewed Staff Report No. 92-333. (Resolution No. 4265) Harrington stated that on July 13, 1992 the City Council adopted Resolution No. 4253 part of which approved the preliminary plat of Greenfield Estates. Mounds View Municipal Code, Chapter 42 requires that all major subdivisions be approved at both the preliminary and final plat stage. Kay Weseman, 7807 Bona Road, asked if before the Council approved the final plat should the wetland alteration map be approved? Paul Harrington responded that the action before the Council is • strictly approving the major subdivision. Mayor Linke stated that this final plat approval is approving the property lines for each lot. The final plat approval indicates that the developer meets the code for the type of development to be undertaken and for "x" amount of homes to be constructed. Paul Harrington, City Planner, explained that all other parts of the development were approved and do not require additional action. Harrington stated that a major subdivision requires a first reading of the final plat. Harrington further explained that by granting approval of the subdivision that the City isn't giving the developer rights to build. Kay Weseman, asked if the wetland delineation was already approved and if the maps have the new wetland boundary and asked who the maps were drawn by. Ric Minetor, Director of Public Works/City Engineer, stated that the maps showing the new wetland delineation will not be complete for 3 to 6 months. Minetor stated that the map was drawn up by the Department of Natural Resources, the Corps of Engineers and Peter Sabee of Barr Engineering. Kay Weseman stated that it was her understanding that the wetland map alteration needed to be a single item by itself with a public hearing being held and a 4/5 vote by the Council for approval. Mounds View City Council ~2egular Meeting Page Thirteen July 27, 1992 Weseman did not understand that this could be done as part of a package. Mayor Linke stated that many times these development items are combined. Mayor Linke explained the process to Ms. Weseman and of how some things on a resolution need 4/5 vote while others do not and, therefore, some things could be approved while others in the same proposed resolution might not be. Mayor Linke stated that this type of process had been used with Sysco and Mounds View Business Park South. Kay Weseman asked the City Council to reconsider the approval of the development. Weseman stated that a Councilmember at a previous meeting even stated concern with people having a wetland in their backyard. Weseman used an example of the upset residents tonight not knowing that there were County easements in their yard so they planted trees and bushes and now the City is coming in and taking them. Duane McCarty, stated that he missed some of the nuances at the public hearing held on this subject and he had an interest in the City Charter and the Wetland Ordinance. Mr. McCarty wanted clarification that the Wetland Preservation Map was amended by a 4/5 vote by resolution. Mr. McCarty felt that the Wetland Ordinance could only be changed by ordinance. McCarty stated the City should have this looked into by the City Attorney.. Samantha Orduno, City Administrator, stated that in an off-the- cuff conversation with the City Attorney earlier today this issue came up. It was the City Attorney's opinion that the ordinance could be changed by resolution if the resolution were proposing the entire development by a 4/5 vote. Orduno stated that the 4/5 vote was the important factor. The City Attorney is going to look into this further and get back to the City. Ric Minetor quoted a section of the code which stated that the code does not require an ordinance to change the map, but a 4/5 majority vote. Mayor Linke stated that the City will get a legal opinion. Kay Weseman stated her concern with the fact that the persons. who received the Greenfield Estates Proposal for Development flyer did not understand that the City was going to make a major change to a wetland boundary. Weseman stated that perhaps in the future the City Council could do this by holding a separate public hearing and giving notice. Councilmember Rickaby stated that she has concerns with allowing persons to have wetlands in their yard and allowing them to build ounds View City Council ~tegular Meeting Page Fourteen July 27, 1992 on them. Rickaby described a couple of scenarios that happened in the City as a result of persons building on wetlands or non-stable soil too close to a wetland. MOTIONJ: Rickaby to Deny the Final Plat Approval for Harstad Companies. Motion failed due to lack of a second. MOTION/SECOND: Quick/Linke to approve Final Plat for Harstad Companies. 4 ayes 1 nay Motion Carried C. Samantha Orduno, City Administrator, reviewed Staff Report No. 92-334C regarding the transfer of ownership of the North Central Cable Communications Corporation. Orduno stated that the attached resolution must adopt to give formal approval of the proposed transfer of ownership of North Central Cable Communications Corporation to Meredith/New Heritage Strategic Partners. The transfer of ownership has been approved by the North Suburban Cable Commission and is now dependent upon the approval of all participating cities. Orduno stated that also attached to this resolution is the Commission's Attorney's opinion on the sale. According the Commission the sale will not fundamentally change the current status of cable operations or increase the cost of cable subscriptions. MOTION/SECOND: Rickaby/Blanchard to Adopt Resolution No. 4263 Approving the Transfer of Ownership of North Central Cable Communications Corporation 5 ayes 0 nays Motion Carried D. Samantha Orduno, City Administrator reviewed Staff Report No. 92-335C regarding the setting of a public hearing for August 24, 1992 at 7:05 to consider an ordinance approving an electrical energy franchise agreement with Northern States Power. Orduno stated that last fall the City Council held a public hearing and considered an ordinance which would establish a franchise fee of up to 4$ on Northern States Power's gross operating gas and electric revenues as permitted under the Franchise Agreement with NSP. A major concern of the residents and Council was that NSP would hold the funds collected for one year. The City under this franchise agreement would receive the funds monthly. The provision of the franchise allowed for NSP to collect and retain the fee for a full year before paying the City. This provision was a major issue of concern to residents who attended the public hearing and members of the Council. Council directed staff to pursue a new franchise agreement which NSP which would provided for monthly payments of the franchise fees. All new Mounds View City Council .Regular Meeting Page Fifteen July 27, 1992 franchise fee agreements for gas and electrical energy have been negotiated and provide for the desired payment schedule. MOTION/SECOND: Quick/Wuori to Set a Public Hearing for 7:05 p.m. on August 24, 1992 to Consider an Ordinance Approving an Electrical Energy Franchise Agreement with Northern States Power. 5 ayes 0 nays Motion Carried E. Samantha Orduno, City Administrator, gave information in last item to also cover this item. MOTION/SECOND: Quick/Wuori to set a public hearing for 7:10 p.m. on August 24, 1992, to Consider an Ordinance Approving a Gas Energy Franchise Agreement with Northern States Power 5 ayes 0 nays Motion Carried F. Samantha Orduno reviewed Staff Report No. 92-337C regarding the setting of a public hearing for 7:15 p.m. on August 24, 1992 to consider an ordinance implementing a franchise fee on gas and electric utilities. Orduno stated that over the past several . years cities have experienced declining revenues due to such factors as State cuts to Local Government Aid, reductions in residential and commercial/industrial property tax rates, reduced investment earnings, less construction and development resulting in declines in permit fees and now a recession that is further exacerbating an already dangerous situation. The consequences of this dilemma is the move toward user fees, franchise fees and other non-property tax revenues. A franchise fee is an example of a user fee based revenue program imposed on a company conducting business far profit within the City limits. The City currently has a franchise agreement with North Central Cable. The Cable Company conducts business in the City and for that privilege, the company pays the City a franchise fee of 5o to be used only for the City's municipal cable operations. Councilmember Rickaby stated that these methods are just property tax raises in disguise and that by doing it this way it is an attempt to avoid the clamber of people coming in to make comments about the City raising people's taxes. The people have the right to these comments. Mayor Linke stated that he takes exception to Councilmember Rickaby's statement with regard to avoiding the clamber of people coming to the hearings. Mayor Linke feels these franchise methods would aid in buying down property tax increases for the homeowner. These fees are controllable by the homeowner as they are based on electric and gas usage. The churches and schools, who pay no taxes, will now share in this burden. Linke stated that for many years people Mounds View City Council .Regular Meeting Page Sixteen July 27, 1992 have been coming in and he listens to them. Mayor Linke stated after advertising the budget meetings he was hoping to see people attend, however, no one showed up. Councilmember Rickaby stated that this was a statement publicly made at the meetings. MOTION/SECOND: Wuori/Linke to approve setting a public hearing for 7:15 p.m., August 24, 1992, to consider an ordinance implementing a franchise fee on gas and electric utilities 5 ayes 0 nays Motion Carried G. Samantha Orduno, City Administrator, reviewed Staff Report No. 92-338C regarding the designation of the St. Paul Pioneer Press as the City's Second Legal Paper. Orduno stated that it would be advantageous for the City to have a daily paper as a back-up to the City's weekly paper in the case that deadlines that couldn't be accomplished in a weekly could be met by a daily paper. Councilmember Rickaby stated that she has a problem with putting legal notices in a daily paper because many of the residents do • not receive daily papers. Rickaby further stated that she noticed that she sees many more Star and Tribune boxes than she does St. Paul Pioneer Press boxes in the area. This would require that the residents purchase daily a daily newspaper and those who didn't wouldn't be aware of the legal notice. The City has two local newspapers which are free. If back-up is needed, it would make sense to place it in the other free newspaper where more residents would read it. Mayor Linke stated that sometimes there is a necessity to meet a 10 day deadline and a weekly paper cannot accomplish this. Orduno stated it is rare that the City would have to use the back up paper, but most cities do have one.. Councilmember Wuori stated that if, inadvertently, there would be a problem with the local paper not publishing a legal and there is a 10 day notice period, the daily paper could run it right away and the City could still meet its deadline. This would mean that a public hearing or informational meeting would not have to be postponed or rescheduled. Orduno further stated that the City of Mounds View also receives coverage from the St. Paul Pioneer Press and receives no coverage from the Minneapolis Star and Tribune. Councilmember Rickaby stated that it is a waste of money because the St. Paul Pioneer Press would not reach all homes as the Mounds View City Council Regular Meeting Page Seventeen July 27, 1992 two local, free newspapers do. More persons would read the two, free newspapers. This, in her opinion, is a waste of money to the City. MOTIONjSECOND: Wuori/Blanchard to designate the St. Paul Pioneer Press as the City's Second Legal Paper 4 ayes REPORT OF COUNCILMEMBERS: I nays Motion Carried Councilmember Rickaby - No report. Councilmember Quick - No report. Councilmember Blanchard had no report but asked for an update on the licensing of Waste Management of Blaine. Orduno responded with a general update on the fact that Waste Management of Blaine had met with her and shared their concerns about when the customer list would become public information. Blaine Waste Management has contracts in other cities and those cities did not require the list as part of their licensing requirements. Blaine Waste Management was given a 14 day extension to submit their list and they did submit it reluctantly. Orduno stated that the State passes mandates on to the cities but does not tell the City how to implement the mandate. Orduno offered a suggestion that the City, like many of the other cities, follow Fridley's lead and pass an ordinance requiring that all commercial and residential properties in the city have some form of environmentally safe collection. This ordinance. would have to encompass the seniors who share collection and the employees who work at landfills or wherever that dispose of their solid waste there. Orduno stated that the City could return the customer lists at this time and approve Waste Management of Blaine's license at the next Council meeting so they would not be in violation of the licensing requirement for garbage haulers and recyclers. Councilmember Blanchard brought up the subject of peddlers selling sweet corn. Councilmember Blanchard stated she understood that if the corn was grown on their property they could sell it with the property owner's permission. Orduno stated that State Law currently requires no licensing of peddlers selling agricultural products. If the product is grown on the peddler's property he can sell it. .The State does not provide the City with enforcement. Peddler's are not required to show proof that the land is theirs. This is Mounds View City Council .Regular Meeting Page Eighteen July 27, 1992 something that will be brought up to the Legislative Committee of the League of Minnesota Cities. Mayor Linke brought up the peddler selling peaches and the woman selling flowers on Silver Lake Road. There is no way to tell if they are licensed or not unless one stops. Mayor Linke suggested that a bright colored permit be issued to be placed on these stands or sales locations to identify those peddlers who are licensed by the City. Orduno stated that this could be accomplished and staff would work on it. Councilmember Wuori stated that the newer gas stations, such as Superamerica, cannot stack, store or sell anything on the blacktopped surface. Councilmember Wuori asked if Superamerica is being warned and if they are being ticketed for these type of sales. Orduno assured Councilmember Wuori that this was happening. Councilmember Wuori reported that "Camelot" opened last weekend. It was a beautiful performance. There are seats available for Thursday, Friday, Saturday evening, and Sunday matinee performances. Thursday the performance will be signed for the hearing impaired. 9. A. Item postponed at beginning of meeting in hopes that the applicant might show up for the request for signage for Mounds View Antiques Councilmember Quick stated that the City Council has tried twice to handle this item. MOTION/SECOND: Quick/Blanchard to Deny Request for Mounds View Antiques to Allow Off-Site Signage Councilmember Rickaby stated concerns about the requested property being over-signed now. Mayor Linke concurred. Councilmember Blanchard states that the ordinance does not allow this off-site signage. Paul Harrington, City Planner, stated that the code allows for special permit to be given out by the City Council for location and size. • 5 ayes 0 nays Motion Carried Mounds View City Council .Regular Meeting Mayor Linke's Report: Page Nineteen July 27, 1992 1. The City Council met with Samantha Orduno, City Administrator and conducted her performance review as per her contract with the City. All items were satisfactory or above. Councilmember Rickaby was not in attendance due to her employment. Council reviewed the wage scale and would ask to fix the salary for Orduno at $61,.229.40 commencing July 1, 1992 in accordance with her contract. MOTIONf SECONDi Linke/Quick to approve a wage increase for Samantha Orduno, City Administrator, to $61,229.40 commencing July 1, 1992 in accordance with the terms of her contract with the City. 5 ayes 0 nays Motion Carried 2. Mayor Linke attended "Camelot". Linke stated that he has attended for the past nine opening nights of the Mounds View Community Theater's performances. . Councilmember Quick stated it was a top notch production. 3. Mayor Linke stated that the Irondale Marching Knights had participated in the Aquatennial and Torchlight parades as well as the Lion's parade in Rochester. The band will be marching in the National Legion's parade. Mayor Linke stated that, in his opinion,. this was the best marching band in the state. Councilmember Quick stated that this is because of the dedication of staff and quality of dedication of parents and quality of the students and their dedication to the band and also to the dedication and quality of the band leader. Report of Administrator: Orduno welcomed Bill Frits back. She stated that everyone notices when he isn't there and they begin asking about him. The City needs people like Bill to keep them on their toes and receive public input. Welcome back! Bill Frits thanked the City staff for the card he received when he was in the hospital and also, that he is feeling much better • now. 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Q.~n_~"~_~,._ - -- -- ----- --_ • • TO: Paul Harrington ~~`'- 1 ~ ~,~ F'R M• M k Debbie v ~ ~~ O az & Ga ett ~~ ~ SUBJECT: Dog kennel at 5200 Jeffery Dr. We do not feel the house at 5200 Jeffery Dr. should be allowed to have a dog kennel as they already have a large swimming pool- plus four sheds (that are already in violation of Mounds View City space and set back ordinance} in their back yazd. We do not feel there's adequate space for a dog kennel. We believe the signatures they obtained were from people who lived far enough away. that they were not aware of the biting's or would care about the looks or the smell of the yard. THANK YOU ~~a~ DEBBIE GAVETT 5210 JEFFERY DR. MOUNDS VIEW, MN. 55112 612-786-5958 ~i July 14, 1992 Paul Harrington: A resident of Mounds View, Gary Olson, 5209 O~Connell Drive, called today to voice his opinion for the record regarding the Conditional IIse Permit for 5200 Jeffrey Drive. Mr. Olson stated that he and his .wife are opposed to allowing a kennel at this address. Mr. Olson stated that with five out buildings on the property he would not want to see anything 'more added and thinks the dog situation would then get out of hand. Mr. Olson works evenings, but he would like this to be entered as part of the hearing, if possible. Michele • lJ