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HomeMy WebLinkAboutMinutes - 2013/07/22PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting July 22, 2013 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 7:00 P.M. 1. MEETING IS CALLED TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Flaherty, Gunn, Hull, Meehlhause, Mueller NOT PRESENT: None. 4. APPROVAL OF AGENDA A. Monday, July 22, 2013, City Council Agenda. MOTION/SECOND: Mueller/Hull. To Approve the Monday, July 22, 2013, revised agenda as presented. Ayes – 5 Nays – 0 Motion carried. 5. PUBLIC INPUT Judy Cox, 7532 Silver Lake Road, explained Kozlaks’s was looking for a new home. She thought that Mounds View would be a perfect fit for this establishment. She also requested the property at Woodcrest Road at Silver Lake Road be cleaned up as there were several uprooted trees. 6. SPECIAL ORDER OF BUSINESS None. 7. COUNCIL BUSINESS A. Resolution 8121, Extending the Term of the Cable Television Franchise Ordinance and Agreement Held by Comcast of Minnesota, Inc. City Administrator Ericson stated the North Suburban Communications Commission adopted a recommendation from the franchise renewal committee to recommend a one year renewal of the cable television franchise. The renewal would allow the parties to work out the details over the Mounds View City Council July 22, 2013 Regular Meeting Page 2 coming year. The Commission was requesting each of the 10 cities adopt a Resolution extending the term of the cable television franchise with the current terms. Cora Wilson, Executive Director of NSCCINSAC, discussed the cable franchise renewal process in further detail with the Council. She explained she was pleased that a one year extension was being offered as it would give the committee and Comcast the time needed to finalize negotiations and terms for the cable contract. She commented she would continue to advocate for public funding and operating support as this was valuable to the community. MOTION/SECOND: Mueller/Gunn. To Waive the Reading and Adopt Resolution 8121, Extending the Term of the Cable Television Franchise Ordinance and Agreement Held by Comcast of Minnesota, Inc. Ayes – 5 Nays – 0 Motion carried. B. Public Hearing, Resolution 8130, a Resolution to Approve an On-Sale Temporary Liquor License for the Mounds View Festival in the Park Committee to Allow Maxx’s Bar and Grill to Serve Liquor During the August 17, 2013, Mounds View Festival in the Park. Assistant City Administrator Crane stated in accordance with City Code, temporary liquor licenses may be granted to organizations for a period not to exceed three days. The Festival in the Park Committee was requesting the Council allow Maxx’s Bar and Grill be approved to serve liquor on August 17, 2013 at the Mounds View Festival in the Park. She explained a public hearing was properly posted for this item. All application fees have been submitted and the proper insurance was in place. She commented the City was still waiting for a satisfactory criminal background check. Staff recommended the Council hold a public hearing and approve the temporary liquor license contingent upon the receipt of a satisfactory criminal background check. Mayor Flaherty opened the public hearing at 7:12 p.m. Hearing no public input, Mayor Flaherty closed the public hearing at 7:12 p.m. Council Member Gunn requested further information on how the beer sales would take place at Festival in the Park. Steve Otis discussed how the beer sales would be arranged and there would be additional people at the entrance to assist in carding patrons. Council Member Mueller asked if those entering the beer area would be given a wrist band. Mr. Otis stated this was the practice at Blaine’s Festival this year and it worked quite smoothly. All patrons entering the beer area would be given a wrist band if over 21 years of age. Mounds View City Council July 22, 2013 Regular Meeting Page 3 MOTION/SECOND: Gunn/Mueller. To Waive the Reading and Adopt Resolution 8130, a Resolution to Approve an On-Sale Temporary Liquor License for the Mounds View Festival in the Park Committee to Allow Maxx’s Bar and Grill to Serve Liquor During the August 17, 2013, Mounds View Festival in the Park contingent upon the receipt of a satisfactory criminal background check. Ayes – 5 Nays – 0 Motion carried. C. Second Reading and Adoption of Ordinance 879, Amending the Zoning Code to Add Requirements for Cargo Containers. Planning Associate Heller requested the Council consider the second reading and adoption of an Ordinance that would amend the zoning code to add requirements for cargo containers. She indicated cargo containers are not allowed to be used as sheds or as storage units on residential City lots. There was one home in the City with a cargo container being used for storage and the City Attorney advised this use not be grandfathered in. Council Member Hull questioned why the property owner could not be grandfathered in. City Attorney Riggs stated it was not good practice to single out one residential property. He stated the City would be ignoring an illegal use if the cargo container were allowed to remain. He recommended the Council proceed with the Ordinance to create uniformity throughout the City. It was noted the best alternative would be to have an interim use permit put in place for a specified time period. Mayor Flaherty did not want to see too much of a hardship placed on the homeowner. He wanted to be assured the homeowner had an adequate amount of time to dispose of the container in the next six months. Council Member Mueller stated there was a regulation within the Code Enforcement portion of the Zoning Code that allowed a homeowner the opportunity to apply for a low interest loan that can be used to assist in bringing their property up to code. Council Member Hull asked how an interim use permit would work. City Attorney Riggs stated the term or length of the permit could be determined by the Council. He stated this type of permit would only perpetuate an illegal use in the City of Mounds View and could perhaps increase the number of illegal uses. Mayor Flaherty stated the existing code did not state a cargo container was not allowed. For this reason, the homeowner purchased the cargo container and has been using it for storage ever since. He asked how this should have been interpreted by the homeowner. City Attorney Riggs commented in general, anything not listed within City Code was not a permitted use. He recommended the Council not allow cargo containers to be used in residential areas. Mayor Flaherty questioned how much time the homeowner would have to remove the cargo container. Planning Associate Heller indicated the homeowner would have six months to remove Mounds View City Council July 22, 2013 Regular Meeting Page 4 the container. City Attorney Riggs stated this would essentially be an interim use time period for the homeowner. Council Member Mueller commented in other code enforcement scenarios only 30-60 days was offered by the City to bring the property into compliance. Planning Associate Heller stated this was the case. Victoria Simpkins, 6928 Pleasant View Drive, commented she has owned her cargo container for 15 years and purchased it from her brother Steve Otis. Mayor Flaherty questioned how one would go about getting rid of a cargo container. Steve Otis stated this would be difficult as it was quite heavy and trees had grown around it. However, there were still communities in the metro area that allowed the use of cargo containers for storage. Mayor Flaherty asked if six months would give Ms. Simpkins enough time to get rid of the container. Mr. Otis recommended this be extended to nine months or a year as this would give them through the winter to get rid of the cargo container. Ms. Simpkins did not understand why the cargo container could not be grandfathered in, as there was no reference in City Code referring to cargo containers as an un-allowed use in the City of Mounds View. She understood that if the Ordinance were rewritten the City could move forward from this point for all other homeowners and requested that she be allowed to keep her cargo container. Mayor Flaherty inquired if Ms. Simpkins could meet the City half-way with this situation. Ms. Simpkins commented she had no place to store the items in the cargo container on her property. Again, she did not understand why the container could not be grandfathered in. She requested the cargo container be tied into the sale of her house. City Attorney Riggs explained this would require an additional code amendment as it was not a permitted use at this time. Mayor Flaherty recommended the time period be extended to 12 months and suggested Ms. Simpkins apply for an interim use permit. City Administrator Ericson stated the current code has no language that would allow for the cargo container to be an interim use and therefore a permit could not be applied for. Such a change would allow for every property owner in the City to request an interim permit for a cargo container. MOTION/SECOND: Flaherty/Gunn. To revise the language in Ordinance 879, Amending the Zoning Code to allow for a 12 month removal time period. Council Member Mueller expressed concern with drawing out the time period as this would allow other code offenders to request the same extension. Ayes – 4 Nays – 1 (Mueller) Motion carried. MOTION/SECOND: Flaherty/Meehlhause. To Waive the Second Reading and Adopt Revised Mounds View City Council July 22, 2013 Regular Meeting Page 5 Ordinance 879, Amending the Zoning Code to Add Requirements for Cargo Containers. ROLL CALL: Gunn/Hull/Meehlhause/Mueller/Flaherty. Ayes – 4 Nays – 1 (Mueller) Motion carried. D. Resolution 8123, Reapproving a Variance Extension for Longview Estates, Harstad Development. Planning Associate Heller stated in 2010 the Council approved a variance for Longview Estates for Harstad Development for a 10 lot subdivision. Due to the downturn in the economy and changing housing market, the developer, Marty Harstad, was requesting a six-month variance extension. Council Member Meehlhause asked how long a variance request could be extended. Planning Associate Heller indicated there was no limit. Mayor Flaherty questioned when the land would be cleared. Marty Harstad, Harstad Development, commented the dying trees were discussed with City staff. He indicated the sidewalk along the east property line was not in the proper location and tree roots were damaged through its installation. Mr. Harstad indicated he would charge forward with the expense to remove these trees to correct the problem. Further discussion ensued regarding Longview Estates. He noted the units would be market driven. Council Member Mueller asked when the first model would be available for viewing. Mr. Harstad anticipated that soil corrections would take place this fall, after receiving watershed approval. After that time, the builder could pull a building permit to have a unit available for the spring market. He was uncertain of the price range for the proposed units at this time. Council Member Meehlhause inquired if the six month time period was adequate. Mr. Harstad stated after receiving watershed approval, he would file the plat. MOTION/SECOND: Gunn/Meehlhause. To Waive the Reading and Adopt Resolution 8123, Reapproving a Variance Extension for Longview Estates, Harstad Development. Council Member Mueller referenced the legal description of the parcel noting the property was of no relation to her or her family. Ayes – 5 Nays – 0 Motion carried. E. Resolution 8128, Approving a Step/Wage/Longevity Adjustment for Steven Thorp, Building Official and Officer Peter Berling, Mounds View Police Department. Assistant City Administrator Crane stated Building Official Steven Thorp and Police Officer Mounds View City Council July 22, 2013 Regular Meeting Page 6 Peter Berling were employees of Mounds View and their supervisors reported each has had satisfactory employment review. For that reason, staff recommends the Council approve the recommended step/wage/longevity adjustment as would be consistent with the personnel manual and labor agreement. Council Member Meehlhause recommended all future wage adjustments be placed on the Consent Agenda. Mayor Flaherty stated this has been done for transparency reasons. He did not object to having future items placed on the Consent Agenda. Council Member Mueller was in favor of keeping these items on the agenda as she wanted to remain transparent and open with the public. Mayor Flaherty requested this issue be placed on a future work session meeting for further discussion. MOTION/SECOND: Mueller/Meehlhause. To Waive the Reading and Adopt Resolution 8128, Approving a Step/Wage/Longevity Adjustments for Steven Thorp, Building Official and Officer Peter Berling, Mounds View Police Department. Council Member Mueller thanked both employees for their dedicated service to the City of Mounds View. Ayes – 5 Nays – 0 Motion carried. F. Resolution 8129, Approving Severance for Jeremiah Anderson, Housing/Code Enforcement Inspector. Assistant City Administrator Crane stated Jeremiah Anderson submitted his letter of resignation to the City and his last day of employment was July 5, 2013. She explained that Mr. Anderson was entitled to severance consisting of accrued sick, vacation and compensatory time. In accordance with the personnel manual, Mr. Anderson was authorized a payout of $2,748 for sick time to his retirement health savings plan. In addition, he will be paid $1,010.30 for vacation time of which 50% will be paid into his health savings plan and the remaining 50% will be paid directly to Mr. Anderson. For compensatory time, Mr. Anderson will receive $3.25. Staff recommended approval of a Resolution authorizing the severance for Mr. Anderson. MOTION/SECOND: Gunn/Hull. To Waive the Reading and Adopt Resolution 8129, Approving Severance for Jeremiah Anderson, Housing/Code Enforcement Inspector. Mayor Flaherty thanked Jeremiah Anderson for his service to Mounds View and wished him well in his future endeavors. Ayes – 5 Nays – 0 Motion carried. Mounds View City Council July 22, 2013 Regular Meeting Page 7 G. Resolution 8122, Appointing a Replacement to fill Planning Commission Vacancy. Assistant City Administrator Crane stated Holly Smith has resigned her position on the Planning Commission. She indicated Keith Cramblit was willing to fill this position for the Mounds View Planning Commission. Staff recommended the Council appoint Keith Cramblit as a replacement. Council Member Meehlhause stated this term had just over one year remaining on the term. MOTION/SECOND: Meehlhause/Hull. To Waive the Reading and Adopt Resolution 8122, Appointing Keith Cramblit to fill the Planning Commission Vacancy. Council Member Mueller thanked each of the three candidates for their willingness to serve on the Planning Commission. Ayes – 5 Nays – 0 Motion carried. H. Resolution 8131, Approving to Extend Employment on Two Seasonal Employees from 119 days to 185 days. Assistant City Administrator Crane stated in February the Council approved a Resolution, which approved seasonal employees for 2013. One of the provisions within this Resolution was that seasonal employees could only work 119 calendar days, which was in preparation for the 2014 affordable healthcare act. The Public Works Department is requesting to extend employment on two seasonal positions from 119 days to 185 days. In June of this year, a full time Public Works Maintenance Employee was placed on medical leave and Staff is unsure of how long this employee will be out. The Public Works Department is requesting assistance from a seasonal employee to help fill this void until the full time employee returns. In addition, the Public Works Department also had a seasonal employee resign in the Parks Division, and Staff has not had very good luck pulling from the pool of other applications. Therefore, rather than re-posting and re- advertising for this position, Staff recommends extending employment on these seasonal positions from 119 days to 185 days. Both seasonal positions would extend into the Fall season. MOTION/SECOND: Mueller/Gunn. To Waive the Reading and Adopt Resolution 8131, Approving to Extend Employment on Two Seasonal Employees from 119 days to 185 days. Ayes – 5 Nays – 0 Motion carried. I. Resolution 8124, Approving the Purchase of an AEBI Tractor in 2014. Public Works Supervisor Peterson requested the Council consider the purchase of an AEBI tractor in 2014. He indicated the public works department maintains many acres of park land, Mounds View City Council July 22, 2013 Regular Meeting Page 8 while also rough cutting ditches and ponds throughout the City. Staff discussed in detail the numerous ways this tractor would be utilized by the public works staff stating it was one of the most used pieces of equipment owned by the City. Public Works Supervisor Peterson stated the current tractor was exhibiting a great deal of rust and was having mechanical problems. The price for the proposed AEBI tractor could be reduced by $10,000 if the demo unit was purchased in 2014. The price for the tractor would be $182,045.72, with the City receiving a $24,000 reduction in the cost for the trade-in and demo unit discount. The final cost to the City would be $158,045.72. He explained this tractor was in the proposed 2014 budget. Mayor Flaherty questioned what amount was budgeted for the tractor. Public Works Supervisor Peterson indicated $90,000 was budgeted for 2013 and additional funds would be budgeted for 2014 to cover the expense of the tractor. Council Member Mueller asked how much sales tax the City would pay on the tractor. City Administrator Ericson indicated there would be no sales tax paid by city in 2014. MOTION/SECOND: Gunn/Meehlhause. To Waive the Reading and Adopt Resolution 8124, Approving the Purchase of an AEBI Tractor in 2014. Ayes – 5 Nays – 0 Motion carried. J. Resolution 8125, Approving a Lease Extension with Creative Kids Academy Operating at the Mounds View Community Center. City Administrator Ericson stated the lease with Creative Kids expires at the end of the month. He explained this organization took over an existing lease at the Community Center in 2006. In 2011, the lease was extended for two years. In looking at the lease renewal for 2013, the leasee was not interested in assisting with property taxes. He reported the extension agreement was reviewed by the City Attorney and a lease inflator was included. Staff recommended the Council move forward with the five year lease extension. Council Member Meehlhause questioned the expense of the dishwashing materials on a yearly basis. City Administrator Ericson estimated this cost to be $300 per year. MOTION/SECOND: Mueller/Meehlhause. To Waive the Reading and Adopt Resolution 8125, Approving a Lease Extension with Creative Kids Academy Operating at the Mounds View Community Center. Ayes – 5 Nays – 0 Motion carried. K. Resolution 8126, Approving the Purchase of New Service Truck for the Street Department Mounds View City Council July 22, 2013 Regular Meeting Page 9 This item was removed from the revised agenda. L. Resolution 8127, Approving the Purchase of New Service Truck for the Parks Department This item was removed from the revised agenda. M. First Reading and Introduction of Ordinance 880, an Ordinance Amending Title 500 to Add Licensing Requirements for Donation Bins. City Administrator Ericson stated in 2007 and 2009 the Council was asked to consider its Ordinance regarding donation bins. On both occasions, the Council was disinclined to change the code due to the fact these bins were not properly maintained. However, there was another request before the City and the Council was agreeable to consider licensing restrictions that would allow for donation bins in the City of Mounds View. City Administrator Ericson explained staff has drafted an Ordinance to address donation bin licensing and that they would be subject to conditions. He reviewed the proposed locations for these bins stating these would be located only on school or church properties. Staff recommended the Council hold the first reading and introduce the Ordinance that would amend Title 500 of City Code. Council Member Gunn stated she attended the open house for the donation bin company and saw there was a real need for recycling textiles. She explained that the donation bins could be used as a fundraiser by local churches and schools. She supported the proposed donation bins, so long as they were properly maintained. Mayor Flaherty commented he received a call from a local church with concerns that their aluminum can collection within their parking lot could no longer remain in place. Planning Associate Heller stated this would have to be further discussed by the City. City Administrator Ericson indicated he could speak with neighboring communities to see how this is addressed within their code and make revisions as necessary to the proposed Ordinance. MOTION/SECOND: Mueller/Gunn. To Waive the First Reading and Introduce Ordinance 880, an Ordinance Amending Title 500 to Add Licensing Requirements for Donation Bins. Ayes – 4 Nays – 1 (Hull) Motion carried. 8. CONSENT AGENDA A. Set Public Hearing for Monday, August 12, 2013, at 7:05 p.m. to Consider a Conditional Use Permit for an Oversize Garage at 2917 County Road H2. B. Set Public Hearing for Monday, August 12, 2013, at 7:05 p.m. to Consider a Special Assessment Levy on Unpaid Sewer Repairs at 2508 County Road I. Mounds View City Council July 22, 2013 Regular Meeting Page 10 C. Set Public Hearing for Monday, August 12, 2013, at 7:05 p.m. to Consider a Special Assessment Levy on Delinquent Utility Billing Charges. D. Set Public Hearing for Monday, August 12, 2013, at 7:05 p.m. to Consider an Ordinance Continuing a Franchise Fee on Xcel Energy Electric and Natural Gas Services. E. Set Public Hearing for Monday, August 12, 2013, at 7:05 p.m. to Consider an Ordinance Continuing a Franchise Fee on Center Point Energy Natural Gas Services. MOTION/SECOND: Gunn/Mueller. To Approve the Consent Agenda as presented. Ayes – 5 Nays – 0 Motion carried. 9. JUST AND CORRECT CLAIMS Finance Director Beer answered the Council's questions related to claims. MOTION/SECOND: Mueller/Hull. To Approve the Just and Correct Claims as presented. Ayes – 5 Nays – 0 Motion carried. 10. APPROVAL OF MINUTES A. May 28, 2013, City Council Meeting Minutes. Council Member Mueller requested a correction on Page 1, Line 38, as there should be a space between year and end. She asked that on Page 5, Line 43, the word “within” should be removed. Council Member Meehlhause requested a correction on Page 2, Line 11, the word saves did not read correctly. He requested a change on Page 3, Line 18, the word “his” should be changed to Mr. Hambleton’s. MOTION/SECOND: Mueller/Meehlhause. To Approve the May 28 , 2013, City Council meeting minutes as corrected. Ayes – 5 Nays – 0 Motion carried. B. June 10, 2013, City Council Meeting Minutes. MOTION/SECOND: Mueller/Meehlhause. To Approve the June 10, 2013, City Council meeting minutes as corrected. Ayes – 5 Nays – 0 Motion carried. 11. REPORTS A. Reports of Mayor and Council. Mounds View City Council July 22, 2013 Regular Meeting Page 11 Council Member Mueller reported she attended orientation training for the League of Minnesota Cities Board of Directors. She commented she attended her first Finance Committee meeting this afternoon for the Board. She found this to be a very interesting opportunity and thanked the Council for their support. Council Member Mueller stated she would not be able to attend the August 5th work session meeting. Council Member Mueller invited the entire community to attend Festival in the Park on August 17th. She then discussed the lineup of events planned for the festival including the parade, car show and beer garden. Council Member Gunn stated on July 31st she would be attending the first I-35 Coalition meeting. Mayor Flaherty reported Area F of the street improvement project was moving along well. Mayor Flaherty stated he and Administrator Ericson attended the Music in the Park event last Thursday and enjoyed the Teddy Bear Band along with many members of the community. He commented the next Music in the Park concert would take place on August 15th. Council Member Mueller encouraged the public to take advantage of the local theater performances of Les Miserables taking place at the Irondale High School. The Council discussed the new businesses in town and encouraged the community to visit. B. Reports of Staff. City Administrator Ericson explained the entire Council was invited to tour the TCAAP property on July 27th or August 10th. He stated he held interviews this week for the code enforcement officer. He would have a recommendation for the Council in the coming weeks. City Administrator Ericson noted there was a tentative closing for the Robert’s property on July 23rd. City Administrator Ericson questioned if the Council was in favor of completing the semaphore painting along the Highway 10 corridor this year. Mayor Flaherty stated the Council did want to address this concern in 2013. 1. Consider City Hall Sign Design Options City Administrator Ericson reviewed three City Hall sign design options from DeMar Signs with the Council. He requested the Council discuss the options and direct staff on how to proceed. The Council was in favor of proceeding with Sign Option 1. Mounds View City Council July 22, 2013 Regular Meeting Page 12 C. Reports of City Attorney. City Attorney Riggs had nothing additional to report. 12. Next Council Work Session: Monday, August 5, 2013, at 7:00 p.m. Next Council Meeting: Monday, August 12, 2013, at 7:00 p.m. 13. ADJOURNMENT The meeting was adjourned at 9:15 p.m. Transcribed by: Heidi Guenther TimeSaver Off Site Secretarial, Inc.