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HomeMy WebLinkAboutMinutes - 2007/02/12~ PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOT Regular Meeting February 12, 2007 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 7:02 P.M. 1. MEETING IS CALLED TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Marty, Stigney, Hull, Flaherty, and Mueller NOT PRESENT: None. • 4. APPROVAL OF AGENDA A. Monday, February 12, 2007 City Council Agenda City Administrator Ulrich reviewed the amended Agenda with Council. MOTION/SECOND: Mueller/Flaherty. To Approve the Monday, February 12, 2007 Agenda as Amended. Ayes - 5 ~ U 5. PUBLIC INPUT None. 6. SPECIAL ORDER OF BUISNESS None. 7. COUNCIL BUSINESS Nays - 0 Motion carried. A. Resolution 7015, Appointing John Kroeger and Darren Peterson to the Parks and Recreation and Forestry Commission and Appointing Jerry Kunz Chairperson Mounds View City Council February 12, 2007 Regular Meeting Page 2 Public Works Director Lee explained that the City advertised for the open seats on the Parks ~ Commission and received one application with its first advertisement. He then said that Staff re- advertised and received two applications. After reviewing the applications the Park Commission has recommended approval of these appointments. MOTION/SECOND: Stigney/Mueller. To Waive the Reading and Approve Resolution 7015, Appointing John Kroeger and Darren Peterson to the Parks and Recreation and Forestry Commission and Appointing Jerry Kunz Chairperson. Mayor Marty thanked the applicants for stepping up to volunteer for the City. Ayes - 5 Nays - 0 Motion carried. B. Consideration of Resolution 6956, Approving a Minor Subdivision (Lot Line Adjustment) between 8409 and 8413 Groveland Road; Planning Case M106- 001 Community Development Director Ericson explained that in 2003 there was a subdivision of this property to create 8413. He then explained that the Church has requested a five foot lot line shift to the south to provide a little more flexibility with setbacks for the new home to be built and the address will be changed to 8415 Groveland Road. Director Ericson indicated that a Certificate of Survey has been submitted as required and both • lots comply with the Code requirements. He then said that because there is no additional density being created by the subdivision Staff and the Planning Commission recommend no park dedication fee be required. He further noted that a park dedication fee was paid when this minor subdivision was previously approved. Mayor Marty indicated it looks like 8419 will lose his driveway. Council Member Mueller indicated that 8419 has another driveway and that driveway went to a garage that has been torn down. MOTION/SECOND: Mueller/Flaherty. To Waive the Reading and Approve Resolution 6956, Approving a Minor Subdivision (Lot Line Adjustment) between 8409 and 8413 Groveland Road as Amended to 8415 Groveland Road. Mayor Mariy explained that these lots are owned by the same person and this is a shift of the lot line to accommodate building their home on the lot. Ayes - 5 Nays - 0 Motion carried. C. Consideration of Resolution 7013, Approving a Minor Subdivision of 8184 Eastwood Road; Planning Case M106-001 • Mounds View City Council February 12, 2007 Regular Meeting Page 3 • Community Development Director Ericson explained that this is a request for minor subdivision to subdivide so that the house and 16,025 is subdivided from the rest of the land. He then said that the Church will sell the house and absorb the remaining property into the church property. Director Ericson indicated that the Church would like to pursue development of the excess land on the eastern side of the property but that is not before Council at this meeting. Director Ericson explained that the application is consistent with a minor subdivision in that it creates a conforming lot on Eastwood Road. He then said that this lot would not have the appropriate frontage, but the Church will join this parcel with the church property. Director Ericson indicated that the Planning Commission had some concerns regarding the future development of the site. The Church has stated its intent to absorb the subdivided lot into the existing church property regardless of the development on the other site. Director Ericson indicated that at the meetings the Church had representatives present and that was helpful, and there have been some resident meetings, and there are people in attendance concerned about this request. Director Ericson indicated that easements would be required for Parcel B but not for Parcel A. He then explained that this request is unique because it would create a flag shaped lot and that is • not something that the City usually approves. He further explained that the Church has said that the lot was not split down the middle because of a desire to preserve a line of mature trees. Randy Heltzer of 8180 Eastwood Road said he has some major concerns and one is the easement that runs along the north side of the property, so he is concernea that the power lines could be removed and he would lose power. Randy Heltzer indicated that the house is listed about $5,000 under tax assessed value and that concerns him with the depressed home market. Randy Heltzer indicated that there is a well that they have not mentioned that has not been abandoned, that is in the 10 foot area. Director Ericson explained that the City usually does not get involved in the location of wells as the Department of Health has discretion over that matter. Mayor Marty asked why easements are not recommended for Parcel A. Director Ericson indicated that, if the Council wishes to approve this, the Resolution could be amended to include a clause to require the Church to relocate any power lines so as not to disrupt any utility to adjacent homeowners. • Jerry Kunz said that the well mentioned has been capped and they did tear down the shed on the new property line. Mounds View City Council February 12, 2007 Regular Meeting Page 4 Council Member Mueller indicated that it appears on the Survey that Parcel B would be 90.5 feet • wide by 177 feet deep and asked if that is consistent with other lots in the City. Director Ericson indicated that there are a wide variety of lot sizes in the City. He then said that this would be larger than some of the lots in the City, and this block has some of the larger lots. Randy Heltzer said that if this zoning for the Church goes through, he would expect to come to the City for a rezoning as well. Mayor Marty indicated that his concern would be that Parcel A would not be compliant with 10 feet of frontage on Eastwood Road, and it almost seems to him that this should be handled under the major subdivision requirements. Council Member Flaherty clarified that the issue with the power lines needs to be handled, and then he said that he agreed that this is a major subdivision as it is being merged into a six plus acre lot. MOTION/SECOND: Stigney/Mueller. To Waive the Reading and Approve Resolution 7013, a Resolution Denying a Minor Subdivision of 8184 Eastwood Road. Council Member Stigney said that the argument to save the trees is needed, but does not hold weight with him as he does not think that someone would buy the house and cut the trees down. • He then said that he does not think it is necessary for the Church to keep the trees to sell this property. Director Ericson suggested rather than denying the Resolution that a separate Resolution of denial that has been prepared be considered. Council Member Mueller indicated that she would be hesitant to approve something where there are outstanding issues with the adjacent residents. Mayor Marty said that he does not think that it is reasonable to suggest that someone would cut down the trees as their view would become the parking lot. He then said that he has received calls and letters concerning the future development of the area and that concerns him. Council Member Flaherty indicated that the reason there are Codes is to keep things uniform for all residents and he does not support going against the Code to allow this. Council Member Stigney agreed to use the substitute Resolution to deny. Council Member Mueller asked what happens if the Church wants to come back for a subdivision moving the line right down the middle. • Mounds View City Council February 12, 2007 Regular Meeting Page 5 • Council Member Stigney indicated he would not have any issue with that if it meets the City Code requirements. Mayor Marty noted that any further subdivision would require a major subdivision process. Ayes - 5 Nays - 0 Motion carried. City Administrator Ulrich indicated that there are extra copies of the Resolution for those that are interested. D. Resolution 7018, Approving the Sufficiency of Petition in Opposition to the 2007-2008 Street and Utility Improvement Project City Administrator Ulrich indicated that the Petition as presented appears to be sufficient to meet the requirements in opposition to the project. The petition was received February 9, 2007 and signatures were validated by Staff. He then said that the project consists of 328 properties and, for a successful petition that 165 properties sign the petition. Staff has compared the signatures to property owner lists from Ramsey County and any duplicates were removed. City Administrator Ulrich explained that Staff was ahle to verify that 169 of the 212 signatures are valid and represent individual property owner interests. He then explained that since receipt . of the petition, there have been three names withdrawn bringing the total to 166 making this a valid petition. City Administrator Ulrich indicated that there are three signatures that do not show up on the property records list so these may have been properties that have changed hands within the last 30 days. He then said that there was one objection sent via facsimile and, since it was not in petition format and did not reference the street improvement project number, it was rejected. City Administrator Ulrich indicated that the Resolution before Council would approve the sufficiency of the petition in opposition meaning that the City could not take a vote on the same project within one year from the public hearing on the improvement project. He further clarified that this petition would mean that construction would not occur in the year 2007 and it is recommended that this mattex be discussed at a work session. Tom Kosel of 8120 Jackson Drive indicated that he would be opposed to any improvement project on their streets because the streets are beyond repair. He then said that the streets need renovation and renewal. He further said that there may have been misleading information that came out about this project because the individuals who were canvassing the neighborhood left some material with residents but no where did it state that signing the petition would totally stop the project. The printed information states please sign the petition if you are concerned about construction of curbs or concrete barriers and mailbox groupings, landscape in the boulevard, lack of information, or cannot or do not want to pay for the changes to the streets. It does not • state that signing the petition will stop the project. Mounds View City Council February 12, 2007 Regular Meeting Page 6 Mr. Kosel indicated that he has information from his neighbor that when people came to his door • and he said he was in favor of the project they told him that this was not about stopping the project it is just about the curbs. He then said that he thinks that there may be people that signed the petition that did not know fully the ramifications of doing so. He further asked Council to investigate whether those that signed the petition really want the project stopped. Mr. Kosel asked if there would be a time that the City would mandate the renewal of the streets regardless of resident feedback. Mayor Marty said that he does not think that the Charter would allow them to mandate street repair. He then said that he has had some calls about doing away with the Charter but he is not in favor of that because it gives rights of protection in a number of different areas. He further said that the City needs to focus on selling the project and getting the information out to residents so that they understand it and buy into it. Mayor Marty indicated that the last project had more concern than this one has and, now that it is done, they are pleased with the results. He then said that the City cannot mandate the street repair or replacement. Tom Winicki of the 2700 Block of Sherwood Road said that the time will come when the Council, Charter Commission, and Planning Commission will have to say no more Petitions because the roads have got to be fixed. William Werner of 2765 Sherwood Road said that the Charter Commission is not really involved • in this and people should consider that this is a democracy and residents should keep that in mind. He then said that something that can be done is to put together a sequence of events of this process because people do not come to these meetings so that they know what is going on. He further invited residents to join the Charter Commission as there are openings. Barbara Haake of 3024 County Road I clarified that for one year this cannot be brought up. She then asked why the Charter does not allow room for compromising. She further said that she woulcl like to compliment the City on bringing in rain gardens and other things to try to get the project done and she would like to know what the expenses are already on this project. Public Works Director Lee indicated that the City has spent approximately $200,000 and, of that amount, $150,000 has been paid out and about $50,000 is in Staff time. Ms. Haake asked how this will be paid for. Mayor Marty stated that since the project is not going forward, and we cannot use TIF, so the City would have to absorb the costs. Public Works Director Lee indicated that the City can use the same information form the data collected from the Feasibility Report. • Mounds View City Council February 12, 2007 Regular Meeting Page 7 i Mayor Mariy indicated that there are TIF funds that could be used for roads so this puts that off another year and those TIF districts will begin expiring. He then said that if the money is not used for streets then the City will have to bond for the project. Ms. Haake asked whether this was really about how much it was costing them that caused the people to sign the petition. City Administrator Ulrich said that one thing to do will be to work with the Charter Commission provisions to see if there may be an amendment to a11ow for compromise or working out the details of the project. He then said that the other item is that the Charter provides for that if a petition equal to or greater than the number of petitions against the project, then the project would move forward. He further said that there is no time frame on that but, the City needs this to move forward, if it is going to, in the next month or so to make this year's construction cycle. Dan Mueller of 8343 Groveland Road said that the City is not do2ng his road yet but he has sat in on some of the road meetings and he said that there are residents who realize that something has to be done, but when the presentations are given residents feel like the project is being rammed down their throat, and they have nothing to say about it. He then said that people do not want to feel threatened. Mayor Marty indicated that with the sidewalk on the south side of Grovelan,d he does not recall • a petition but it was down to the final hour and in the last street project the last woman that got up to speak raised the issue about building a sidewalk because, if you build a sidewalk, the kids will come and use it. Her concern was that is not a controlled intersection making it dangerous to route kids to it, and that is why he changed his mind. Mr. Mueller said that narrowing up the streets will not slow them down either and it concerns him for fire trucks to be able to get down the streets if they are narrow. Juliann Love of 7900 Sunnyside Road said that she is kind of a single issue person on this whole road project because she wants Hillview narrower because she likes the feeling of a quiet residential area and a 42 foot wide road makes it feel more like a thoroughfaxe and she would like the idea of a sidewalk on one side. Ms. Love said that the parking at Hillview Park should be angled on Greenwood and Hillview so that people do not have to cross the street. Mayor Marty indicated the City considered narrowing Hillview but, after discussions, it as determined that residents did not want it narrowed. He then said that there was additional parking planned for around the park area. Naja Werner said that everyone should have been at the informational meetings. She then said that maybe the residents were presented a Cadillac plan and, if the girls who circulated the • petition, had asked why the residents were not in favor of the street plan it would be a matter of Mounds View City Council February 12, 2007 Regular Meeting Page 8 cost. She further said that this present plan is done and the City needs to start over and she • suggested a plan that would not cost the individual property owner the $3,164.00. Ms. Werner said that she reviewed the Feasibility Study and it calls for 15 parking spots at Hillview Park with a cost of $28,000 and, putting in 34 greatly increases the costs. She then said that sidewalks and other amenities are not needed unless residents want to pay for it. Mike Reed of 2208 Lois Drive said that his friend who is out of town is concerned about barrier curbs as they do a lot of yard maintenance and they could not go up and over the curb easily for access. He then said that is his biggest concern when the street project comes to his street. Mayor Marty indicated that there is concrete surmountable curb too. He then said that this is not just about streets and curbs but it is about the water and sewer lines. He further suggested that residents drive down Long Lake Road because the County rebuilt it 10 years ago with nice road and sidewalk and curb but no one did anything to the sewer and water lines under the road and there is another water break, so the street is torn up yet again in a different area. Ms. Werner indicated that Long Lake Road is a County road and residents had no assessments to pay for that road. She then asked whether Mounds View is responsible for correcting the water issues. Public Works Director Lee indicated that the City would need to pay for the repair. Ms. Werner said that if people want options they would have to be willing to pay for them and • people are not willing to do so. Ms. Werner indicated that this will cost a lot more money when this is eventually done in the future. Council Member Stigney said he spoke to one of the sponsoring petition members and he would like to hear a presentation from them. Sandy Doing of 2816 Sherwood Road said that she came to see what year this was happening not to find out that it was not happening. She then said that it is time to buck up and pay for things to improve them. Ms. Doing indicated that there are children crossing her yard to stay out of the street. She then said shame on the residents if they will not pay for sidewalks to keep children safe. She further said it is time to make improvements to the neighborhood and she feels it is too bad that this did not come up where the true and not so true could have been separated out. Ms. Doing said that it is too bad that there was misinformation out there and she does not want the project stopped. Mayor Marty indicated there would have been no landscaping ar tree loss with this project. • Mounds View City Council February 12, 2007 Regular Meeting Page 9 • Anna Schovanec of 7959 Sunnyside Road said that Council had passed the project in December of 2006 so the only way to stop it would be to go forward with a petition. She then said that they were not trying to misinform anyone but felt that a lot of the homeowners had a lot of questions about the project. Ms. Schovanec said that they talked to over 200 people and they have no interest in providing false information but tried to provide information to the residents. Ms. Schovanec said that a majority of people wanted to know why an additional survey was sent out after a majority of people said they were not interested. Mayor Marty indicated that the pavement index shows that these streets were the worst quality in town, and that is why the project was considered for this part of town, and that is why the City resurveyed and got somewhat of a majority. Ms. Schovanec asked if the $200,000 costs include the survey costs. She then said that they did not get paid for their door to door petition and resident contact. She further said that they did not know until they were two weeks into the project that it was almost 2 to 1 against the project. Ms. Schovanec said that they heard that residents wanted to sign the petition but did not think it • would do any good. Another concern was with any more increased costs on the property taxes. She then said that another big issue was with barrier curbs. Ms. Schovanec said that residents expressed concern about grouped mailboxes and barrier curbs and did not want to change the look of the neighborhood. Ms. Schovanec indicated that there was concern of the residents on Red Oak Drive about traffic voiume and they feit they were misled that this project would do something for their traffic. Ms. Schovanec said that the majority of the people do not have strong support for the project. She then suggested other ways of contacting residents than these meetings and asked the City to consider less costly aiternatives for residents especially those on lower incomes. Mayor Marty asked whether the levy passing for the school was the last straw. Ms. Schovanec said that it is a budget concern for many and the addition of the school levy will impact them. Council Member Flaherty asked how many people did not know about the project. Ms. Schovanec said it was about 10% that did not know, but there were varying levels of knowledge among those that were aware of it. • Mayor Marty asked where the information on losing trees in the boulevard concern came from. Mounds View City Council February 12, 2007 Regular Meeting Page 10 Ms. Schovanec indicated that in late November there was information on the boulevard and a • note that there could be affected trees. Public Works Director Lee indicated that there is some minor disturbance directly behind the curb to about two feet and there should not have been disruption to trees. Public Works Director Lee indicated that he did review the data that the petitioners sent out. He then said that the City sent out information to the petition area stating that the project would not go forward for at least a year if the petition passed Ms. Werner indicated that the forester has already designated the trees to be removed for this project. Council Member Mueller thanked them for their work on the Petition and this is a fine example of community involvement regardless of which side of the issue you are on. She then said that the information is valuable to the City and she appreciates the efforts undertaken on this project. Rick XXX of 8071 of Red Oak Drive noted that there were only seven people who signed the petition from Red Oak Drive and the petition asked if you were opposed, not if you wanted to stop the project. He then said he thinks the project should go ahead. Bob Glazer of 2625 Hillview said that residents need to pay more attention to the surveys. • Barbara Haake of County Road I said that she cannot believe how thorough the petition committee was and what a great job they did. She then said that she wants this project done but she cannot say enough for the efforts that they went through, to do a person to person survey. She further said that she feels that there should be some amending to the Charter to allow for compromise not just stop the project. Council Member Stigney thanked Anna and her sister for the work and the presentation given tonight. He then said that this is the second time around that a road project has been turned down and the girls have done an excellent job of providing information to Council, and it is now time for the City to look at the information and move on. Council Member Flaherty said that this is not a Cadillac and the sewer needs to be updated and replaced, that is a large portion of the costs. He then said that costs played a large part in this, especially if someone comes to the door with the costs. He further said that the first street project petition taught the City a lot about public information and doing more meetings but they did not go door to door. Council Member Flaherty said that this just delays this project for a year, and some of the research will be good in two years when this comes up again. He then said that the barrier curb keeps people from parking trailers on the lawn and group mailboxes were not going to change, • Mounds View City Council February 12, 2007 Regular Meeting Page 11 . they would be grouped as they are. He further said that the City went to a lot of effort to inform the residents but did not go door to door. Council Member Flaherty said that the roads need to be improved but now this is stopped for a year. Andy Casing of 2617 Hillview said that information was not given and the surveys were "crap". He then said that there are too many issues that are not addressed individually but are thrown at them. The first surveys made no differentiation of the items and the second survey was a little better but it did not break down the surmountable or insurmountable option so there is not good information. He further said that he kept coming to these meetings but there was no prep work so that residents knew what was going on. Mr. Casing indicated that the dog and pony show was going on but the numbers were wrong and concrete was cheaper than asphalt and that is important. He then said that cost is very important to residents. He further said that he wants the streets reaone the way that they are. Mr. Casing asked if the City really paid $600,000 to buy a gas station and tear it down. He then said that is $600,000 that could have gone toward street projects and the City could have continued to fine the owner rather than purchase the property. He further said that he does not see the signs discussed for using Long Lake Road for through traffic. • Mayor Marty said that they cannot tell people not to drive on the streets. Public Warks Director Lee indicated that would have been part of this plan. Tom Kosel of 8120 Jackson Drive said that he thinks that it is clear from the comments of the last hour that there is some confusion and some misleading information put out, maybe even by the City. He then asked whether or not it is necessary to act on this petition tonight as there may be some that would like to withdraw their name, especially since it was just received Friday. City Administrator Ulrich said that the attorney's advice is that once the petition is presented to the Council that is the time that the withdrawals need to be made so the Council does need to act on the sufficiency of the petition this evening and additional withdrawals would not be allowed. Ms. Schovanec said that they spoke with Mr. Kosel and Ella was told that he was not in favor of the petition. Ella Schovanec said that after being publicly defamed by Mr. Kosel she was not sure she would speak. She then said that she was losing reception when he called on her cell phone and he was yelling and left a message without a name or number so she had to track him down to return the call. She further indicated that she talked to him on Sunday and it was a pleasant conversation and he said thanks for calling back and she does not think there was misleading information • exchanged but they did not discuss the documents so she is not sure what he meant by it. Mounds View City Council February 12, 2007 Regular Meeting Page 12 Mr. Kosel indicated that he spoke loudly as he was told that they could not hear him and he was • hung up on. He then said that he did leave the message that he felt it was rude to hang up on a senior citizen. Ms. Schovanec said that there was no name or number so it was difficult to contact him. She then said that they made no attempt to provide misleading information and they feel it is a little unfair that they are being attacked for providing the information. She further said that the mailboxes are grouped in sets of two and the street plan showed mailbox groupings of four and in the information provided by the City, stated that the Council was in favor of groupings of four, so that was included word for word from the information provided by the City. Mayor Marty said that he has a cell phone and calls are dropped, so he understands that can happen. He then said that he thought it was clear to him with the five public meetings there was enough information provided to residents. Mr. Casing said that the survey was not clear and no one wants to spend $3,000 as that is a big concern because costs keep going up and salaries do not. Mayor Marty indicated that residents have a responsibility to ask questions if there is something that you do not understand. Mayor Marty commended the Schovanecs for their efforts to do this but he finds this frustrating, however, in that he has been working for nine years to get the streets, water and sewer redone. • He further said that he does not like the idea of having to go out and spoon feed every resident for each project area as to what their questions are. He then asked residents to contact any Council Member to ask questions on any matter. MOTION/SECOND: Flaherty/Mueller. To Waive the Reading and Approve Resolution 7018, Approving the Sufficiency of Petition in Opposition to the 2007-2008 Street and Utility Improvement Project. Council Member Stigney said that the last whereas states 166 and it should be 167 and the last be it further resolved should state that if there is a petition equal to the number for it the Council would take a vote on it. Council amended the Resolution to include the language allowing for a petition in favor of the project. Council Member Stigney said he believes Staff should add the language directly from the Charter. Council agreed. Ayes - S Nays - 0 Motion carried. • Mounds View City Council February 12, 2007 Regular Meeting Page 13 ~ E. Resolution 7014, Ordering the 2007-2008 Street and Utility Improvement Project and Authorizing the Preparation of Plans and Specifications MOTION/SECOND: Mueller/Flaherty. To Waive the Reading and Postpone Indefinitely Resolution 7014 Ordering the 2007-2008 Street and Utility Improvement Project and Authorizing the Preparation of Plans and Specifications. Council Member Stigney asked whether this should be postponed. Mayor Marty said that he would be hopeful to receive a petition, but he is not optimistic, so he would recommend denial and, if that does happen, then Staff can draft a new Resolution. Council Member Flaherty asked whether there is a time limit on a counter petition. City Administrator Ulrich indicated that there is no time limit for a counter petition, but there is the issue of when the public hearing was held on December 11, 2006, and there is one year to order the project. Council Member Mueller indicated that she would vote to table if there is a time and cost savings to the City, but she understood that the Charter has to take a direct action to deny the • project. City Administrator Ulrich read the language from the Charter on counter petitions for the improvement. Council Member Flaherty said that he would prefer to finalize this Resolution and do a new one if necessary. Council and Staff discussed tabling and postponing and agreed to postpone. Council Member Stigney suggested postponing indefinitely. Council Member Mueller amended her motion to postpone indefinitely. Ayes - 5 Nays - 0 Motion carried. F. Resolution 7019, a Resolution Establishing a One Year Moratorium on the Installation, Erection, Construction, Replacement, Modification or Improvement of Static or Changing Electronic, Digital, Video, Display Signs or Billboards, and Flashing, Motion, Animated, Changeable Copy and Illuminated Signs in all Zoning Districts r~ U Mounds View City Council February 12, 2007 Regular Meeting Page 14 Community Development Director Ericson explained that the City Attorney had recommended a • moratorium to allow time for the City to research and amend its Code to protect the City in light of changing technology in the sign industry. MOTION/SECOND: Flaherty/Mueller. To Approve Resolution 7019, a Resolution Establishing a One Year Moratorium on the Installation, Erection, Construction, Replacement, Modification or Improvement of Static or Changing Electronic, Digital, Video, Display Signs or Billboards, and Flashing, Motion, Animated, Changeable Copy and Illuminated Signs in all Zoning Districts. Council Member Mueller asked how the signs now do not comply with Cod,e and asked whether the City Hall sign and the Mermaid sign would be allowed. Community Development Director Ericson explained that this would allow existing signs to operate, but no other signs would be allowed, and this would eliminate flashing and animated signs, and the intent is to clarify and sharpen the Code to eliminate gray area. Council Member Mueller said that she has a problem with the future vision for the Highway 10 corridor and she would like to see something that allows what is already there, to be fair to all new businesses to have what the existing businesses have, but worded such that nothing more than what is currently out there can be done. Council Member Stigney said that this would stop the LED type lights that continually change • for a new display. Community Development Director Ericson indicated that there is new technology that is becoming more controversial and the City would like to stay on the front edge of that to attempt to avoid potential for lawsuits. Ayes - 5 Nays - 0 Motion carried. G. Ordinance 784, an Emergency Ordinance Establishing a One Year Moratorium on the Installation, Erection, Construction, Replacement, Modification or Improvement of Static or Changing Electronic, Digital, Video, Display Signs or Billboards, and Flashing, Motion, Animated, Changeable Copy and Illuminated Signs in all Zoning Districts Community Development Director Ericson explained that this will allow the City time to research and provide an update to the City's Code. MOTION/SECOND: Hull/Marty. To Adopt Ordinance 784, an Emergency Ordinance Establishing a One Year Moratorium on the Installation, Erection, Construction, Replacement, Modification or Improvement of Static or Changing Electronic, Digital, Video, Display Signs or Billboards, and Flashing, Motion, Animated, Changeable Copy and Illuminated Signs in all Zoning Districts • Mounds View City Council February 12, 2007 Regular Meeting Page 15 ~ Community Development Director Ericson read Ordinance 784. Council Member Stigney indicated that an emergency ordinance is to protect the peace and public safety of residents and he would like to know if Council feels that this meets the criteria for an emergency Ordinance pursuant to the Charter. Council agreed that it does. ROLL CALL: Marty/Stigney/Flaherty/Hull/Mueller Ayes - 5 Nays - 0 Motion carried. 8. CONSENT AGENDA A. Licenses for Approval B. Resolution 7016, Appoint Planning Commission Chairperson C~' R~acaln4in.. ?(1~ 7 D,,..,.1,.,~.. ,~F., D....1.~.,...,......+ 7.,.,..~+;...,+.,~. D„1',. !' v• a`vvvaa~ravu iVi / i Y1~.11µrJV Vl LL 1\Vil1N{.r1Z1rlIZ L11~~.Jil~f{l-Vri~liCL-~Ar Council Member Mueller requested that Item C be removed for discussion. • MOTION/SECOND: Flaherty/Stigney. To Approve Consent Agenda Items A and B as Presented. Ayes - 5 Nays - 0 Motion carried. C. Resolution 7017 Purchase of Replacement Investigator Police Car Council Member Mueller would like Chief Sommer to be able to review his report with Council and residents so that residents are aware of how frugal the Police Department is being. Chief Sommer indicated that their two investigators share a car so that is a frugal use of vehicles. He then said that the vehicle is 10 years old, and needs to be replaced with a Chevrolet Impala through the state bid process. He further explained that the vehicle is incurring high maintenance costs at this point, and it is time to replace it. Council Member Mueller indicated that she would like to know if the current police equipment would be moved to the Impala. Chief Sommer indicated that the current equipment is 10 years old with the exception of the radio that will be moved to the new vehicle, and the other equipment has been budgeted for replacement. • Council Member Flaherty asked how many off cers the City has. Mounds View City Council February 12, 2007 Regular Meeting Page 16 Chief Sommer indicated there are 19. Council Member Flaherty asked how many police vehicles. Chief Sommer explained that the City has 10. Council Member Flaherty indicated that he went out and looked at the car and it has 78,000 miles which is not a lot, but he was not aware of the report from the mechanic. Council Member Stigney asked why a squad car that is coming out of service could not be used. Chief Sommer indicated that the plan is to use a squad as a public service officer vehicle and the age of the cars are due for replacement, so it is not a wise choice to make a car not recommended, to keep as a vehicle for the investigators. Council Member Stigney said that in this case he sees the case for replacement, but he would like to look at other options like using a squad that is coming out of service. Chief Sommer said that they have the longest replacement cycle of any department that he is aware of. ~ MOTION/SECOND: Mueller/Hull. To Waive the Reading and Approve Resolution 7017 • Purchase of a Replacement Investigator Police Car. Ayes - 5 Nays - 0 Motion carried. 9. JUST AND CORRECT CLAIMS Mayor Marty indicated he had a number of questions and the Finance Director was not available today. Mayor Marty said he questions why all of the Bonestroo information was found later in the report as well. He then asked about the Silver Lake Road sidewalk and whether it is a final invoice. Public Works Director Lee indicated that it is not. Public Works Director Lee indicated it looks like it is the same check number but that would be something for Mr. Beer to verify. Mayor Marty asked what the OakwoodlKnollwood Parks check was for. Public Works Director Lee explained that is for work done for Knollwood Park redevelopment for a survey on topographical information for the grading contractors. • Mounds View City Council February 12, 2007 Regular Meeting Page 17 C~ Council Member Flaherty asked about the 2003 street improvement. Public Works Director Lee indicated it was for the final as built plans. MOTION/SECOND: Mueller/Stigney. To Extend the Meeting. Ayes - 5 Nays - 0 Motion carried. Council Member Flaherty asked about the assessment overpayment on Page 14. City Administrator Ulrich indicated he would research the matter and provide information. Mayor Mariy asked about the Ehlers and Associates seminar. Ciry Administrator Uirich explained that is an annual financial seminar tailored to TIF and other financing issues. Mayor Marty asked what Knox boxes are. Chief Sommer indicated they are iockboxes for keys to allow the fire department access to multi- • housing locations and public buildings. Mayor Marty asked for more information on the $500.00 for online research. Chief Sommer indicated that it allows for research on many different police issues. Mayor Marty asked for clarification on the additional cable hours for $589. City Administrator Ulrich indicated that was in 2006 for hours relative to remodeling City Ha11. Mayor Mariy asked about the Ramsey County Memorial entry. Director Ericson explained that it was for a planning case for a subdivision. Mayor Marty asked where the locks were keyed. Mayor Marty asked about the Spring Lake Park Lumber window replacement. Public Works Director Lee indicated this was for replacement of a vandalized window at Groveland Park to be reimbursed by the contractor's insurance company. Mayor Marty asked about swing decals for $250.00. • Staff will look into it. Mounds View City Council February 12, 2007 Regular Meeting Page 18 Public Works Director Lee indicated that it may be for Random Park to change the handicap • accessible door. Mayor Marty asked what the training is for on Page 32. Mayor Marty asked about the Wells Fargo Lease payment. Director Ericson indicated the lease is for the photocopier. Council Member Hull asked for information on the Qwest phone number trace. Chief Sommer indicated that would be for obtaining information on a phone number during an investigation. MOTION/SECOND: Marty/Mueller. To Approve the Just and Correct Claims as Presented. Ayes - 5 Nays - 0 Motion carried. Council Member Flaherty asked to have Staff add the code for the department and a little more description for clarity. 10. APPROVAL OF MINUTES • A. City Council Minutes October 9, 2007 Mayor Marty requested that the words "hearing no further comments prior to closing a public hearing be added for all public hearings. On Page 4 on Line 17 he would like clarification of what the word "roll" means in that statement from Mr. Beer. Staff will look into it and correct that part as necessary. MOTION/SECOND: Mueller/Flaherty. To Approve the October 9, 2007 City Council Meeting Minutes as Amended by Submissions of City Council Members. Ayes - 5 Nays - 0 Motion carried. B. January 8, 2007 City Council Meeting Minutes Mayor Marty indicated that he had called his changes into Staff. He then said that on Page 11, bottom Paragraph he did add some things that he had said previously and read them for Council. MOTION/SECOND: Mueller/Hull. To Approve the January 8, 2007 City Council Meeting Minutes as Amended by Council Member Submission. • Mounds View City Council February 12, 2007 Regular Meeting Page 19 i Ayes - 5 Nays - 0 Motion carried. C. January 22, 2007, City Council Meeting Minutes Mayor Marty indicated that he would leave a copy with Staff of his comments. He then said that he did want to ask on Page 3, Line 15 of Ms. Schovanec's comments what the tax increase would be for the curb and gutter and Finance Director Beer estimated $420 per year over 10 years and it should have been $20.40 per year over 10 years for the curb and gutter portion. Staff will review the tape. Councii Member Mueller indicated that his response would be for the total project. Mayor Marty requested the following change: On Page 5, Line 34 insert "and representative" if the City needs help with the issue. MOTION/SECOND: Mueller/Marty. To Approve the January 22, 2007, City Council Meeting Minutes as Amended by Council Submission. Ayes - S Nays - 0 Motion carried. . 11. REPORTS A. Reports of Mayor and Council Council Member Mueller reported that in the February 8, 2007 issue of Sun Focus there is a nice article about Tim Pithnan, a former employee of Mounds View. Council Member Mueller provided a recap of activities she was involved in during the month of January. Council Member Stigney mentioned that he left in Council boxes some suggestions on Council meetings and he would like to get some feedback at a work session. B. Reports of Staff 1. Police Department Quarterly Report Chief Sommer provided a statistical report on the quarter and summarized the arrests for Council. Chief Sommer noted that the most frequent calls are medical and there were 150 this quarter. . Chief Sommer provided a summary of the school resource calls noting that there will be seminars set up on internet safery for parents and teachers. Mounds View City Council February 12, 2007 Regular Meeting Page 20 Chief Sommer noted that after the City condemned the home at the problem address, the police • calls to the location have gone down. Chief Sommer provided an update on the crime prevention officer's activities for the quarter. Chief Sommer provided information on the types of training that the officers attended during the quarter noting that National Incident Management System Training has been completed by all officers. Chief Sommer noted that the average blood alcohol content for those arrested was .122 and the limit is .08. Council Member Stigney asked whether the City has M16's as he noticed the training for using them. Chief Sommer indicated that there is one in every car. Council Member Flaherty noted that looking at the statistical reports there has been a drop since the year 2000 and thanked the Department and all of the Officers for their work. 2. Noise Wall Legislation Update City Administrator Ulrich noted there is legislation introduced with the most recent action taking • place February 6, 2007 in a meeting to discuss options for this legislative session. 3. Bethlehem Baptist Church City Administrator Ulrich indicated that this is a contribution approved under a CUP for a property in the industrial park as a payment in lieu of taxes based on an agreement of honor of $25,000 toward community activities. A list of activities is included. Council Member Flaherty asked if the allocation would be approved by Council. City Administrator Ulrich indicated that it is done twice per year by Resolution. Council Member Flaherly asked when the approval would come. City Administrator Ulrich indicated that Staff would put it on the next Agenda. 4. Final Draft of the Town Hall Meeting Agenda for Apri114, 2007 City Administratar Ulrich reviewed the draft of the Town Hall Meeting with Council. • Mounds View City Council February 12, 2007 Regular Meeting Page 21 • Mayor Marty said he would like the awards presentation moved up to the beginning after the State of the Ciry Address. He then said he would like the survey to be on the press release and Agendas for that day so that it is not missed. Council Member Stigney suggested placing the surveys on the table in an area where they would be clearly seen. Mayor Marty suggested on the back of the Agenda so that they do not miss it. City Administrator Ulrich noted that the post office move is scheduled for this fa11 down to E2 and 5~' Street and two blocks south would be the trucking operation. Mayor Marty said he did not realize that it was approved and going in and the concern he received today from citizens was that this is moving it farther from Mounds View and Arden Hills. City Administrator Ulrich noted the Human Resources Committee is scheduled to meet tomorrow. Mayor Marty noted that, with regard to the Cable Coordinator position, he would like to have that job description amended to clarify that the primary responsibility of the ~osition is to cable • cast all City meetings. Mayor Marty noted that the last person felt that they were a daytime only position, and he would like to shift the priority to be cablecasting meetings. 5. Community Development Update Community Development Director Ericson updated Council on the major subdivision application for Marly Harstad. The plan includes eight lots and tree removal would be involved, but the wetland would not be disturbed other than removing any dead or down trees. Director Ericson indicated that Council discussed at a wark session separating out the townhomes from Red Oak Estates and they are considering a separate association. Director Ericson indicated that the tree preservation ordinance will be coming forward for consideration in March. Director Ericson noted that the 8~' Annual North Metro Home and Garden Show will be February 24, 2007 from 9:00 a.m. to 2:00 p.m. Director Ericson reported that the neighborhood meeting to discuss the redevelopment of the Premium Stop location will be this Thursday. ~ Mounds View City Council February 12, 2007 Regular Meeting Page 22 Director Ericson noted that Jeremiah Anderson and he would be presenting to the Charter • Commission an amendment to the City Charter to allow a mechanism to assess unpaid administrative fines that are property based. Director Ericson indicated that the new schedule for GIS Land Planning seminars has been received and the Planning Commissioners are invited to attend as are Council Members. Staff recommends the courses. City Administrator Ulrich indicated that a bill was introduced in the House to allow cities to issue administrative fines far motor vehicle violations of a minor type. Mayor Marty asked Staff to contact Representative Tillberry and Senator Betzold to ask them to support the bill. He then said that he talked to some police chiefs who feel that they would love to have this, and then suggested that Staff see if the Police Chief Association could discuss it. City Administrator Ulrich indicated that it is the number one legislative goal of the Minnesota Police Chief's Association. Mayor Marty said that he would like Council to help in any way including a resolution of support if that would be of assistance. Mayor Marty noted that the City is meeting with the City of New Brighton for a joint council meeting at 5:30p.m. on February 26, 2007 to discuss stoplights at Silver Lake Road and County • Road H. The Ramsey County Commissioners and the School District are invited to attend. C. Reports of City Attorney None. 12. Next Council Work Session: Monday, March 5, 2007, at 7 p.m. Next Council Meeting: Monday, February 26, 2007 at 7 p.m. 13. ADJOURNMENT The meeting was adjourned at 10:23 p.m. Transcribed by: Joan Lenzmeier, Recording Secretary TimeSaver Off Site Secretarial, Inc. •