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HomeMy WebLinkAboutMinutes - 2007/03/26~ PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOT Regular Meeting March 26, 2007 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 7:15 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, March 26, 2007 City Council Agenda City Administrator Ulrich recommended that, based on the action of the HR committee this evening, Item 6C be removed from the Agenda. MOTION/SECOND: Mueller/Flaherty. To Approve the Monday, March 26, 2007 City Council Agenda as Amended. Ayes - 5 Nays - 0 Motion carried. 5. PUBLIC INPUT Joan Berdick of 2208 Kingsway Lane at Townsedge Terrace said that they would like to have a second entrance at their park. Mayor Mariy indicated that item is on the Agenda for discussion. Mike Hebert of 2216 Kingsway Lane thanked Council for helping to get his lot fixed. A. Report on Townsedge Terrace Concerns from March 12, 2007 Meeting Community Development Director Ericson indicated that Staff was out at the property with the • Mayor and looked at the property in question and realized that there was some running water Mounds View City Council March 26, 2007 Regular Meeting Page 2 originating from Mike's lot. One of the water control people came out and took a sample and it ~ was determined to be drinking water from a water line from the park. Mr. Hebert explained that they will bring in dewatering equipment and then dig down to find the break and then go under the trailer by hand, if necessary. Mr. Hebert indicated that he would prefer a licensed contactor far the electrical work required. Director Ericson indicated that a permit would be necessary and licensing is a requirement. Director Ericson indicated that another issue concerns the second access to the Park. He then said that there is information in the packet from 2003, when the original second access study for this park was done. Joan Berdick said that she would like to have a secondary access as there are more residents coming to the park due to the large number of foreclosures. She then said that the Park will not do anything about this. She further said that she is afraid that there will be some kind of disaster preventing exit from the Park. Mayor Marty indicated that in 2003 Colonial Village had three entrances and Mounds View Park wanted a second one but at the time the owner of Townsedge was not interested and the citizens were generally not in favor of it. He then said that the property owner had conducted a poll at that time and indicated that the majority of residents were not interested in the second entrance. • He further said that, if there is interest, then the City could look to get involved. Steve Hazuka of 2213 Kingsway Lane said that the second entrance has been an issue for a long time and they have done nothing, and will continue to do nothing. City Attorney Riggs said that there likely is a health safety and welfare issue at the park and Staff will look into it. Mayor Marty said that the park has the main entrance and this would be a smaller side entrance to allow for emergency access. He then said that people would generally use the main entrance and the other entrance would be smaller to allow access, if necessary. Joan Berdick said that last year there was a storm that could have impacted them and it is a real possibility that it could happen again so they need another access for safety. Mayor Marty indicated that the City was able to secure some grant funding for one of the manufactured home park entrance projects. Mr. Hebert indicated he went to the library and looked up mobile home parks under exit codes and Code 11105-11106 says a park should have at least two exits. • Mounds View City Council March 26, 2007 Regular Meeting Page 3 • Director Ericson indicated that Staff will contact the property owner to see if there is support for the second entrance along with exploring any grant opportunities. Mayor Marty indicated that the City was not aware of grants until the other park entrance project was underway. He then asked Staff to inform this property owner about the grant funding possibility to make it more appealing. 6. SPECIAL ORDER OF BUISNESS None. 7. COUNCIL BUSINESS A. Resolution 7047 Approving an Off Sale 3.2 Mait Liquor License for Aldi Foods located at 2537 County Highway 10 in Mounds View Assistant to the Administrator Crane addressed Council and explained that Aldi Foods will be opening May 1, 2007 and has requested a 3.2 Malt Liquor License. She then reviewed the investigations conducted and the Staff recommendation. Council Member Stigney asked whether there is a concern for liquor sales when the daycare and . church are located in such close proximity. Assistant to the Administrator Crane indicated she saw no issue with the Code but could look again. Council Member Stigney said that the gas station was not allowed to have a liquor license due to its proximity to the Church and daycare. Director Ericson read from the Code concerning liquor licensing and asked the City Attorney to review it. City Attorney Riggs indicated that Section D would apply which would be the 500 foot requirement. MOTION/SECOND: Stigney/Hull. To Postpone Resolution 7047 to the Next Council Meeting to Resolve the Issue of Distance from the Church. Ayes - 5 Nays - 0 Motion carried. B. Public Hearing to Consider Resolution 7043, Approving an Outdoor Consumption Endorsement for Moe's Located at 2400 County Highway 10 in ~ Mounds View Mounds View City Council March 26, 2007 Regular Meeting Page 4 Assistant to the Administrator Crane explained that Moe's has requested an Outdoor • Consumption Endorsement and outlined the conditions required. Mayor Marty opened the public hearing. Rob Stoner of 2454 County Road H2 said he would be opposed to this because the sound system was overwhelming. He then said that and he could hear it over the TV in the house with the windows closed. Council Member Hull agreed that it is too loud when there is a band there. Mayor Marty indicated that this can be an issue as it has been with Roberts and he would like to discuss this with the owners to avoid noise issues in the future. MOTION/SECOND: Mueller/Hull. To Postpone Resolution 7043 to the Next Council Meeting. Council Member Stigney asked if this is a one time only event or whether the Resolution grants them approval for any time they want. Ms. Crane indicated that this is a one year endorsement so they could do another event during the year. Council Member Stigney indicated that he may have an issue with that. • Ayes - 5 Nays - 0 Motion carried. C. Resolution 7051 Approving Full-Time Cable Coordinator Position and Advertisement for Hire This item was removed from the Agenda. D. First Reading of Ordinance 787 Approving an Amendment to Chapter 1102 of the Mounds View Zoning Code to define Health and Beauty Services Assistant to the Administratar Crane explained that the City Attorney and Council have directed that Staff define health and beauty services. The Planning Commission reviewed the proposed definition and recommended approval. She then read the proposed definition. Council Member Stigney asked what a nutrition and diet center is. Staff explained. Council Member Mueller would like the words "and the like" removed from the definition. Council agreed. • Mounds View City Council March 26, 2007 Regular Meeting Page 5 ~ Mayor Marty said that this does not give him a"warm fuzzy feeling", but it does appears as if it is a vaiid business. MOTION/SECOND: Mueller/Flaherty. To Waive the Reading and Approve Ordinance 787, Approving an Amendment to Chapter 1102 of the Mounds View Zoning Code to Define Health and Beauty Services as Amended. Ayes - 5 Nays -0 Motion carried. E. Resolution 7048 Granting a 60-Day Extension for the Removal of Billboards on the Medtronic Property City Administrator Ulrich indicated that the EDA has considered this matter and has recommended an extension for 90 days for the removal of the billboards at the Medtronic property. Mayor Marty indicated that the EDA decided to extend another 30 days due to the fact that there may be weather concerns and both Medtronic and Clear Channel agreed. MOTION/SECOND: Marty/Mueller. To Waive the Reading and Approve Resolution 7048, • Granting a 90-Day Extension for the Removal of Billboards on the Medtronic Property as Amended to 90 Days. Ayes - 5 Nays - 0 Motion carried. F. Resolution 7049, Step Increases for Officer Tim WoIf and Officer Keith Demarest of the Mounds View Police Department City Administrator Ulrich read Resolution 7049, Step Increases for Officer Tim Wolf and Keith Demarest. MOTION/SECOND: Mueller/Stigney. To Approve Resolution 7049, Step Increases for Officer Tim Wolf and Officer Keith Demarest of the Mounds View Police Department. Ayes - 5 Nays - 0 Motion carried. G. Resolution 7052 Approving the 2007 Seasonal Public Works Positions Public Works Director Lee reviewed his recommendation on seasonal employees noting that he would like to hire 10 seasonal workers. The second recommendation would be to increase the rate of seasonal workers returning to $12.50 to try to entice them to return. The third ~ recommendation would be to create a part time seasonal position to allow a former employee to come back to this position. Mounds View City Council March 26, 2007 Regular Meeting Page 6 Director Lee indicated that Staff has revised the Resolution in light of the recommendation of the ~ HR Committee. He then handed out the amended Resolution and report. Council Member Flaherty indicated that the HR Committee would like background information from other cities and with regard to the previous employee they would like more information. Council Member Stigney indicated that the figure of $12.50 was removed while waiting for inforznation from other cities but that is still in the report. Director Lee indicated that Staff is still recommending the wage of $12.50. Mayor Marty indicated that one reason for the higher salaries on the returning seasonal employees, is because there is not as much training required for them. Director Lee recommended authorizing the hiring and said that Staff can come back with a recommendation on the part time seasonal position at a later time. MOTION/SECOND: Mueller/Flaherty. To Waive the Reading and Approve Resolution 7052, Approving the 2007 Seasonal Public Works Positions. MOTION/SECOND: Stigney/Mueller. To Change the Wording to Hiring Up to 10 Seasonal Hires and to Approve up to a Total of 10 Positions. Ayes - 5 Nays - 0 Motion carried. • Ayes - 5 Nays - 0 Motion carried. H. Resolution 7053 Holding the Public Improvement Hearing, Ordering the Project, Approving Plans and Specifications, Authorizing Advertisement for Bids, and Setting a Bid Date for the Oakwood Park Improvement Project - Phase 1 Public Works Director Lee reviewed the proposed Oakwood Park Improvement with the Council. He then provided a drawing of the proposed park improvements for Council review. Director Lee recommended approval of Phase I of the park improvement project. Council Member Mueller pointed out that assessments are not proposed to the community for this project and that is important. She then said that the Parks & Recreation Commission has identified a need and this seems a logical location for the soccer fields. Mayor Marly indicated that sodding allows for use of the fields sooner than seeding does for the soccer fields. However, seeding resulted in a significant cost savings which he concurred with. He then asked if this park would be usable at all this summer. • Mounds View City Council March 26, 2007 Regular Meeting Page 7 • Director Lee indicated that there is a possibility depending upon the seeding and irrigation but Staff cannot make a commitment on that. Mayor Marty indicated that a lot of people come to Mounds View to use the parks and the kids bike over so he sees this as an amenity. MOTION/SECOND: Mueller/Hull. To Waive the Reading and Approve Resolution 7053, Ordering the Project, Approving Plans and Specifications, Authorizing the Advertisement for Bids, and Setting a Bid Date for the Oakwood Park Improvement Project - Phase 1, as Amended. Council Member Stigney indicated that his son plays disc golf and the reason they come here is the charge is less than in other locations. John Kroeger thanked Council and Staff for the park improvements. Ayes - 5 Nays - 0 Motion carried. 8. CONSENT AGENDA A. Licenses for Approval B. Schedule a Public Hearing for Monday, Apri19, 2007 at 7:05 p.m. to Consider . a Major Subdivision for the Property Located at 8360 Long Lake Road C. Schedule a Public Hearing for Monday, Apri19, 2007 at 7:10 p.m. to Cansider Second Reading of Ordinance 787 Approving an Amendment to Chapter 1102 of the Mounds View Code to Define Health and Beauty Services D. Resolution 7028 Adopting a Calendar for the Preparation of the 2008 Badget E. Resolution 7050 Approving a Charitable Gambling License for the Mounds View Community Theatre to Conduct Charitable Gambling (Bingo) at Mounds View City Hall Park on Sunday, August 19, 2007 for the Mounds View Festival in the Park F. Resolution 7055 Approving Contracts Associated with the 2007 Tree Removal and Tree Trimming Programs G. Schedule a Public Hearing for Monday, Apri19, 2007 at 7:15 p.m. to Consider an Amendment to the Mounds View Zoning Code: Amend Chapter 1102 to Define a Neighborhood Motor Fuel Station and Amend Chapter 1113 to Allow a Neighborhood Motor Fuel Station as a Conditional Use in a B-2 District H. Schedule a Public Hearing for Monday, Apri19, 2007 at7:20 p.m. to Consider a Minor Subdivision, and Conditional Use Permit for the Property Located at 2280 County Road I Council Member Flaherty requested that Item D be removed for discussion. ~ MOTION/SECOND: Stigney/Mueller. To Approve Consent Agenda Items A, B, C, E, F, G and H as Presented. Mounds View City Council March 26, 2007 Regular Meeting Page 8 Ayes - 5 Nays - 0 Motion carried. • D. Resolution 7028 Adopting a Calendar for the Preparation of the 2008 Budget Council Member Flaherty said that this is a very important process for the City and he wanted to acknowledge that the process is beginning. Finance Director Beer reviewed the proposed meeting schedule for Council. MOTION/SECOND: Flaherty/Mueller. To Waive the Reading and Approve Resolution 7028, a Resolution Adopting a Calendar for the Preparation of the 2008 Budget. Mayor Mariy noted that the important budget meeting dates will be in the next newsletter. Ayes - 5 Nays -0 Motion carried. 9. JUST AND CORRECT CLAIMS Mayor Marty indicated that some pages have page numbers and some do not. Finance Director Beer indicated that Staff will have to look into that because this is pushing out the margins and leaving off the page numbers during printing. Mayor Marty suggested looking into an Office Depot card to take advanta e of ercenta e off • g P g deals. Staff will look into it. MOTION/SECOND: Mueller/Stigney. To Approve Just and Correct Claims as Presented. Ayes - 5 Nays - 0 Motion carried. 10. APPROVAL OF MINUTES A. February 26, 2007, City Council Minutes Mayor Marty said he would leave his changes for Staff. On Page 5, Line 20 it reads Ayes - 5 so should read 4. Page7 Line 37 add the word brother. On Page 8, Line 39 end of the line 9/11. Line 43 second to last word should be in to. Page 9, Line 22, 9/11 there again. Page 10, Line 30, add the word if rather than is. Page 11, Line 36 change pay to policy. Page 14, Line 33 take out and. Line 42, with Representative Betty McCollum. Page 15, Line 5".But" Line 11, meeting representatives and senators should be plural. Line 12 add He stated he was against this. After Line 13 he talked about "Mayor Marty also asked Congresswoman McCoilum to address health insurance at the national level...(provided to staf~. All the other mayors supported his recommendation. Page 16, Line 19 adjacent to the former golf course property. Line 19 add a request has been made. • Mounds View City Council March 26, 2007 Regular Meeting Page 9 . Council Member Mueller said that she was concerned about spelling of names of residents. She then asked if someone from City Staff could look at the correct spelling of resident names and noted that Amundsen is "en" not "on". On Page 3, Line 10 Shavonic should be corrected throughout. Director Ericson noted that Staff usually tries to verify resident name spellings. MOTION/SECOND: Marty/Hull. To Approve the February 26, 2007, City Council Minutes as Amended. Ayes - 5 Nays - 0 Motion carried. 11. REPORTS A. Reports of Mayor and Council Mayor Marty indicated that a resident, in one of the City's apartment complexes, has no recycling bins and they called the City to ask about this as they were concerned. They conducted a poll and stated that 80% polled said they would recycle if given the opportunity. This was given to Director Lee to look into the situation. He then asked any apartment residents that are interested to contact City Staff to work out something with the apartment complex. ~ Council Member Mueller said she received a letter from Mike and Helen Brant? of 5174 Longview Drive who were concerned about after the fact permits. The letter reminded Council to protect wetlands. She then thanked them for sending the letter, She further said that the City will work to try and not have after the fact permits. Mayor Marty indicated that he was out there with Staff and, since that developer has a history of lawsuits with the City, it was believed that he would file a lawsuit with the City if he was shut down. He then said that the City could have shut them down for a few days, but they would have been able to get the permit and proceed. He further said that he did not want to waste the City's money on a lawsuit over something that could only be stopped temporarily. Council Member Mueller indicated that on January 22 Red Wing City Council passed an ordinance to make it unlawful to have ultimate fighting within the city limits and she would like to look at that before someone would come for a permit. Mayox Marly indicated that a few years ago this was going on in backyards so that is a good idea. Council Member Mueller said that she was wondering if Staff could look into what can be done to nominate Mounds View for a 2007 municipal excellence award especially for the trail system that is being done. ~ Council Member Mueller would like to establish and implement a pavement management program and get a fund started for future repairs that are necessary. Mounds View City Council March 26, 2007 Regular Meeting Page 10 Mayor Marty said that the Mounds View Cable Commission applied for a grant or award for next • year which is the 50~` anniversary in hopes of putting together different programming or videos. He then said that he was taking to a cable commissioner this evening and, there is old footage of the Williams pipeline fire and recollections of people who lived here during the tornado of 1965, available to be used for the 50~' anniversary. He then thanked the Cable Committee for having the foresight to do that. Council Member Stigney suggested that Staff check with New Brighton to see if they have an Ordinance on ultimate fighting. B. Reports of Staff City Administrator Ulrich indicated that City Staff went down and made a presentation before the House Transportation Committee and they provided an opportunity to discuss the soundwall and the Highway 10 corridor. City Administrator Ulrich mentioned the article on Administrative Fines, noting the proposal that went through was to prohibit, and that was amended in committee to allow cities to collect administrative fines. City Administrator Ulrich said that Council Member Mueller asked to be signed up for the safeiy and loss control work sessions and asked other Council interested to notify staff. • City Administrator Ulrich noted that the annual League of Minnesota Cities Conference is coming up. City Administrator Ulrich indicated that the City received a mailing from Arden Hills with an announcement regarding an open house on Monday, Apri12, 2007, at 6:30 at the Ramsey County Public Warks facility at the TCAAP property. Finance Director Beer presented the quarterly financiai plan and asked for input from Council. Mayor Marty asked for clarification of what other revenues are. Finance Director Beer indicated that it is a miscellaneous category that has billboard revenues and other types of items. Mayor Marty asked clarifying questions concerning central services. Finance Director Beer indicated the majority was legal services. Mayor Marty noted that under forfeiture funds they budgeted $7,700 and the year to date expenditures were $24,000. • Mounds View City Council March 26, 2007 Regular Meeting Page 11 • Finance Director Beer indicated that there were other expenses in that fund outside of forfeitures. Mayor Marty indicated the report was good and the suminary page was very concise. He then commented that investment income is doing well. Community Development Director Ericson noted that there was an authorization to abate the property at 2263 County Road H2. He then updated Council noting that after the 10 days had expired, the crew went out and the property has been cleaned up and is compliant. Staff made contact with the property owner. Director Ericson indicated that Dan Hall would like to replace the sign but they cannot replace it with the same components. Therefore, they would like to use new technology and Staff informed them that the City had adopted a moratorium on new signs that would apply to him as it would be an upgrade despite the fact that the sign was damaged by lightening last year. Director Ericson said that the Code is silent on advertising off site activities and they probably can do it as is being asked. Legal Staff has agreed that they cannot replace their sign using the new technology. Council Member Stigney indicated that they should be advertising their own business not some other business. • Mayor Marty indicated that the first time he ran for mayor his name was on the si n but that g summer he talked to the Halls and Dan was complaining about costs to maintain the sign and he has asked about franchise fees as it is based on electricity and the sign costs him $1,000 per month. At that time he had mentioned that they were going to go LED. Mayor Marty said that he would be willing to refer this to the work session for discussion and then said that he does feel that they should be advertising for their own business on the sign. He then said that it is unfortunate that a flagship business of the City is being impacted by the moratorium. Council Member Stigney indicated that there is a moratorium in place for a reason and it should remain in place to allow time for the research that is necessary. Staff will work with legal counsel on the offsite advertising for discussion at the work session. Council Member Mueller said that Council was asking for studies on safety and she will be interested in what the business owner has to say but the moratorium was put in place for a reason. There was consensus to add it to the work session agenda for discussion. ~ Director Ericson reported that the final draft of the Tree Preservation Ordinance will be on the Agenda for review at the work session. He then said that the building official will give a power Mounds View City Council March 26, 2007 Regalar Meeting Page 12 point presentation on the Code development process and discuss a couple of issues that are • pending that Council may wish to be aware of. C. Reports of City Attorney City Attorney Itiggs indicated that the City has been approached again by the Silver Lake Woods Condo Association to accept the private roads in that community. He then said that he responded by letter today and the issue is that the roads were constructed in the early 1990s and are not to City standards at this time and Council decided not to accept the roads until they have been brought up to standards. Mayor Marty noted that the Annual Town Hall meeting is Saturday, April 14, 2007 from 9:00 a.m, to Noon at the Cornmunity Center. 12. Next Council Work Session: Monday, Apri12, 2007, at 7 p.m. Next Council Meeting: Monday, Apri19, 2Q07 at 7 p.m. 13. ADJOURNMENT The meeting was adjourned at xx:xx p.m. Transcribed by: Joan Lenzmeier, Recording Secretary • TimeSaver OffSite Secretarial, Inc. ~ U