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HomeMy WebLinkAboutMinutes - 1992/10/26• cITY of MouNDS vlEw CITY COUNCIL r OCTOBER 26, 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. A1Z 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. 2. 3. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL Linke Wuori Quick Rickaby Blanchard 4. APPROVAL OF MINUTES: October 13, 1992 Regular Meeting COUNCIL ACTION: A T D Comments• C AGENDA PAGE THREE OCTOBER 26, 1992 B. Licenses for Approval General (Commercial) - Expires 6j30/92 Ryan Construction of Minnesota - New Asphalt Mike Muellner and Sons - New HVAC - Expires 6130/92 Jim Sweeney Service - New COUNCIL ACTION: A T D Comments• 9. COUNCIL BUSINESS: A. Consideration of Resolution No. 4297 Regarding the Review of a Conditional Use Permit for 3030 County Road J, Staff Report No. 92-406C COUNCIL ACTION: A T D Comments• B. Presentation by Zak Hanson of Ramsey County Regarding the Renewal of the Contract with Dynex (Hazardous Waste Facility) In Mounds View, Staff Report No. 92-407C COUNCIL ACTION: A T D Comments: C. Set Date for Canvassing of the November 3, 1992 General/Municipal Election for November 4, 1992 at p.m., Staff Report No. 92-408C COUNCIL ACTION: A T D • Comments: PROCEEDINGS OF THE CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting October 26, 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. on Monday, October 26, 1992. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was said. ROLL CALL MEMBERS PRESENT: Councilmembers Rickaby, Quick, Blanchard and Mayor Linke. MEMBERS ABSENT: Councilmember Wuori was absent due to her mother being hospitalized. ALSO PRESENT: Samantha Orduno, City Administrator; Paul Harrington, City Planner; Don Brager, Finance Director; Ric Minetor, Director of Public Works/City Engineer; Jim Thomson, City Attorney APPROVAL OF MINUTES: MOTION/SECOND: Quick/Linke to Table Minutes of October 13, 1992 .for Staff Review. Councilmember Rickaby had proposed some amendments. • VOTE: 4 ayes 0 nays Motion Carried Mounds View City Council ~egular Meeting Page Two October 26, 1992 SPECIAL ORDER OF BUSINESS: a. Mayor Linke introduced and Private Partnership Award of Mounds View MOTIONJSECOND: Linke/Quick Private Partnership Award of Mounds View read Resolution No. 4294 Public/ of Appreciation to Multi-Tech Systems to adopt Resolution No. 4294 Public of Appreciation to Multi-Tech Systems VOTE: 4 ayes 0 nays Motion Carried Mayor Linke presented the above resolution and a plaque stating the same to Rhagu Sharma and Dave Johnson of Multi Tech Systems for their cooperation and generosity in helping Mounds View City Hall install a local area computer network. b. Mayor Linke introduced and read Resolution No. 4296 Commending Girl Scout Troops #79, 500, 530, 1604, 1389, 519, 851 and 945 for their Volunteer Work of Planting and Maintaining the City Hall Flower Garden • MOTION/SECOND: Linke/Blanchard to adopt Resolution No. 4296 Commending Girl Scout Troops #79, 500, 530, 1604, 1389, 519, 851 and 945 for their Volunteer Work of Planting and Maintaining the City Ha11 Flower Garden VOTE: 4 ayes 0 nays Motion Carried RESIDENTS REQUESTS AND COMMENTS FROM THE FLOOR: Marilyn Westphal, 8232 Greenwood Drive, appeared before the Council to advise the Council of a forthcoming issue regarding her property. Westphal stated that she has filled out an application and met with the Planning Commission regarding the building of an E-Z shed on her property. Westphal stated that only one member of the Planning Commission had bothered to come out and look at the property. Westphal further stated that her yard has a pool, patios and a gazebo on stilts. There is only one area to place the shed and that would be on one side of the backyard. Westphal noted that the Building Inspector advised her that the shed had to be 5' off the property line when she applied for her permit. Westphal put the concrete 5' off the property line. Ms. Westphal stated that she received a phone call from the City advising her that the shed had to be 30' from the property line after she had filled out the permit and drawing of the placement of the shed. This item was being brought to the Council's attention as it is at the Planning Commission stage at the present time. Jerry Peterson, member of the Planning Commission, stated that four persons ad looked at the site. Peterson explained that this lot is a corner lot nd therefore has two front yard setbacks. All members of the Planning Mounds View City Council ~egular Meeting Page Three October 26, 1992 Commission have input into the decision. No decision has been made at this time, but all members have expressed opinions along the same line. CONSENT AGENDA• Samantha Orduno, City Administrator, read the Consent Agenda. Mayor Linke asked if there were any items the Council desired removed. The Council removed no items. MOTION/SECOND• presented. VOTE• COUNCIL BUSINESS: Blanchard/Rickaby to adopt the Consent Agenda as 4 ayes 0 nays Motion Carried A. Paul Harrington, City Planner, reviewed Staff Report No. 92-406C regarding a conditional use permit for 3030 County Road J. Harrington. stated that in response to a request from Councilmember Rickaby, staff visited the site to determine whether conditions associated with the aforementioned request were being met. Upon inspection, it was found • that an automobile was being kept in the area defined in the Conditional Use Permit as accessory building area. Chapter 40 of the City's Municipal Code does not allow for the storage of automobiles within accessory buildings. This is a clear violation of the Conditional Use Permit approved in Resolution No. 4081 dated May 13, 1991. This item had been sent to the Planning Commission for review and reconsideration. After reviewal, it was the Planning Commission's decision that the property be subject to conditions adopted as part of the original request. The Commission suggested a timeframe of 30 days for Mr. Engberg to bring the property into conformance with the resolution. Harrington stated that he had telephoned Mr. Engberg and he would not be able to attend tonight's meeting. Mr. Engberg had stated that he did not fully understand what was required to bring the property into conformance. Harrington explained the requirements to Mr. Engberg. Councilmember Blanchard stated that the Planning Commission had been working with Mr. Engberg for the past two months and he has not cooperated at all. The Planning Commission had made recommenda- tions to Mr. Engberg and also informed him of what would happen if he did not bring the property into conformance. Mr. Engberg chose to ignore the recommendations of the Planning Commission. • Councilmember Rickaby asked if the resolution for Conditional Use Permit could be rescinded. Mounds View City Council Page Four ~egular Meeting October 26, 1992 Harrington recommended that Mr. Engberg should be required to meet the conditions that were put into the original Conditional Use Permit. The wall should be installed in the garage and that that portion of the garage should not be used for automobile storage. Mr. Engberg has been issued an Administrative Offense with regards to this item for violation of the Conditional Use Permit. Councilmember Rickaby asked what happens if Mr. Engberg doesn't conform . Harrington responded that the Planning Commission and Council would have to make a decision to rescind the Conditional Use Permit or continue issuing Administrative Offenses. Mayor Linke stated that, in his opinion, Mr. Engberg should have 30 days to come into conformance and if he doesn't issue him a regular citation. Councilmember Rickaby asked why go to a regular citation rather than the Conditional Use Permit. Mayor Linke explained that an Administrative Offense for violation • of the Conditional Use Permit is dealt with strictly by the City and the hearing officers who would decide it's fate are the Police Chief or the City Administrator, whereas, the citation would bring Mr. Engberg into Court in front of a judge. Linke stated that Mr. Engberg has paid no attention to the Administrative Offense and his recommendation would be to issue a court citation. Councilmember Blanchard stated that under these circumstances where Mr. Engberg has had almost two years to come into conformance with what he had agreed to do and the Planning Commission has worked with him for two months and he has made no efforts to correct the situation and an Administrative Offense will not make him do it that the Council should rescind the Conditional Use Permit. MOTION: Councilmember Blanchard to rescind the Conditional Use Permit adopted in Resolution 4081. Motion failed for lack of a second. Councilmember Rickaby asked what happens if the Conditional Use Permit were rescinded. Rickaby stated that staff worked with him to get him to tear down the extra garage that he built without a license and Mr. Engberg now should be given 30 days to come into conformance with the Conditional Use Permit and if he does not conform then the Conditional Use Permit could be rescinded. Councilmember Blanchard stated that the Planning Commission has been working with him for the past two months to get him to Mounds View City Council Page Five ~egular Meeting October 26, 1992 accomplish this. Blanchard stated that, in her opinion, another 30 days will make no difference. Councilmember Rickaby stated that he then will be in violation for having two oversized garages and he won't be in violation of the Conditional Use Permit because he won't have one. Mayor Linke stated that 30 days is too long. Linke stated two weeks to build the wall and have the Conditional Use recorded with Ramsey County. MOTIONJSECOND: Quick/Rickaby to Request Mr. Engberg, 3030 County Road J Comply with Resolution No. 4081 Approving the Conditional Use Permit and to Record the Same with Ramsey County at the Owner's Expense Friendly Amendment, agreed upon by the maker and seconder of the motion that the Conditional Use Permit be recorded with Ramsey County within 30 days of its adoption. VOTE: 4 ayes 0 nays Motion Carried B. Zack Hanson, Ramsey County Health Department, was present . to discuss with the Council Ramsey County's proposed renewal of the contract with Dynex, the household hazardous waste disposal facility, and update the Council on the operation of the Household Hazardous Waste Program. Councilmember Rickaby asked how is paint recycled. Mr. Hanson reported that the paint is shipped to Ohio and the water is evaporated from it and the solid portion is used for cements and caulks. Councilmember Rickaby asked if Dynex or the County is doing any education of the public regarding this recycling process. Individuals can dry the paint out themselves and discard the container. Rickaby commented that another method of recycling paint is to donate it to the Community Theater. The Community Theater uses it for the painting of their props. Mr. Hanson stated that when people drop off hazardous wastes at the facility they are given a number of pamphlets regarding the disposal of all types of hazardous waste. Next year Dynex will educating the people on using alternatives to the disposal such as proper purchasing of only the paint, etc. needed to complete the job. • Councilmember Rickaby commended Dynex for the education that is being done. Rickaby stated that this is an important part of the program. Mounds View City Council Page Six ~egular Meeting October 26, 1992 C. Samantha Orduno, City Administrator, reviewed Staff Report No. 92-408C regarding Canvassing of the November 3, 1992 General/ Municipal Election Returns. Orduno suggested 6:00 p.m. on Wednesday, November 4, 1992. MOTION/SECOND: Linke/Blanchard to Approve Special Council Meeting for Wednesday, November 4, 1992, to Canvass the General/Municipal Election Returns VOTE: 4 ayes 0 nays Motion Carried REPORTS• Councilmember Rickaby: 1. Wondered why the meetings of the Environmental Quality Task Force have been discontinued and what the status is of that group. There has been no notices or meetings of the group. Rickaby stated that it was her understanding the this was to be an on-going group. Mayor Linke stated that there hasn't been any issues brought up for the group to study. Paul Harrington, City Planner, stated that he would check the status of the group with the recycling coordinator and to see if there is a set schedule for meetings. Councilmember Rickaby stated that group had been meeting every third Tuesday at 7:30. Last month there was an election at that time and the group did not meet. Rickaby would like to know if there will be any more meetings. Mayor Linke stated that the group usually made a recommendation to the Council regarding what they wanted to study. Mayor Linke asked that staff report back to the Council as to the status of the group and asked if the group had a chairperson. If not, the group should have one. 2. Councilmember Rickaby requested that a discussion of the trailways plan be put on the next work session agenda. She had some concerns regarding the plan and would like to discuss them at the next agenda session.. 3. Councilmember Rickaby pointed out that in the November/December 1992 newsletter it was stated that the franchise agreement would sunset December 31, 1998 and it should be December 31. 1997. Rickaby stated that misinformation was given under Wetland Facts in this newsletter also. Under the Wetland Facts," Greenfield Estates Mounds View City Council Page Seven ~egular Meeting October 26, 1992 Project Specifics:", Fact No. 5 stated, "Past denials of the project resulted in a lawsuit against the City which now may be resolved with the proposed development at no additional cost to the taxpayer." Rickaby stated that the lawsuit is not on the project the City is looking at now. The lawsuit referenced is the one that began in 1981 when the development started out to be 24 homes and then the development that proposed 17 homes in 1988 was added to the first lawsuit. Rickaby stated that, in her opinion, the City Attorney stated that he had entered into an agreement with the developer's attorney and that the lawsuit would be dismissed without prejudice. The developer could bring claim again but according to his attorney that action would be remote, therefore, in her opinion this matter has already been resolved. 4. Rickaby stated that she had received a call from a resident to get clarification. What recent court cases does the City have where a developer has been denied use of his land and do we have any citations Mayor Linke stated that this resident also called staff and staff is in the process receiving information. The resident stated that she would be in attendance at this evening's meeting and, therefore, the attorney was called to be in attendance to respond • to any questions the resident may have. 5. Rickaby stated she also noted that the brochure was eight pages, but that the information that she had asked to be put in was not added. Rickaby stated that she had wanted information printed regarding the recycling incentive program. Rickaby wanted the people to know who the past winners have been. This helps to generate enthusiasm for the program. Rickaby requested that this item be put in the next newsletter and pushed out to the media. Councilmember Ouick: No report. Councilmember Blanchard: No report. REPORT OF MAYOR• 1. Mayor Linke thanked those that put on the Candidacy Forum. Linke stated that those persons did an excellent job and that he had heard many positive comments. Copies of the tape of the candidacy forum are available to be checked out for viewing as well as the public library also has a copy of the tape for viewing. 2. Mayor Linke referred to the adoption of a resolution for Paster • Enterprises that was passed two weeks ago. The resolution did not restrict the lighting to the front of the building. The resolution should have stated only on the front as the residents in that Mounds View City Council Page Eight ~egular Meeting October 26, 1992 vicinity have enough extra light to deal with. The Council needs to rescind that resolution and pass another resolution which would restrict the lit signage to the front of the building only which would be 185 square feet. MOTION/SECOND: Linke/Rickaby to rescind Resolution No. 4290 Approving the Sign Area Variance Request by Paster Enterprises for the Property Located at 2577 Highway 10 VOTE: 4 ayes 0 nays Motion Carried MOTION1SECOND: Linke/Rickaby to Adopt Resolution No. 4297 Approving the Sign Area Variance Request by Paster Enterprises for the Property Located at 2577 Highway 10 and Changing the Sign Area Placement of 372 Square Feet to 185 Square Feet VOTE: 4 ayes 0 nays Motion Carried REPORT OF ADMINISTRATOR: 1. Samantha Orduno, City Administrator, reported that Jim Thomson was appointed to the Conference Planning Commission for the League . of Minnesota Cities. Thomson has a questionnaire that needs to be filled out and returned to him by November 5 to return to the Planning Commission. Mayor Linke stated that there will be a membership meeting of the Association of Metropolitan Municipalities November 5 beginning with a tour of the Mall of America and then on to the Decatholon Club for a dinner and meeting. Orduno reminded the public that the General/Municipal Election will be conducted on Tuesday, November 3 with the polls opening at 7:00 a.m. and closing at 8:00 p.m. Mayor Linke asked Michele Severson, Deputy Clerk to remind those persons who are not registered to vote what they would need to register at the polls on election day. There being no further business before the. Council, Mayor Linke adjourned the meeting at 8:00 p.m. Respectfully s t k ,~~= J i (, j Miche a Severson Record ng Secretary