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HomeMy WebLinkAboutMinutes - 2016/11/28PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting November 28, 2016 Mounds View City Hall 2401 Mounds View Boulevard, 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, November 28, 2016, City Council Agenda. MOTION/SECOND: Mueller/Hull. To Approve the Monday, November 28, 2016, agenda as presented. Ayes – 5 Nays – 0 Motion carried. 5. PUBLIC INPUT None. 6. SPECIAL ORDER OF BUSINESS None. 7. COUNCIL BUSINESS A. 7:00 p.m. Public Hearing, Resolution 8666 Adopting a Special Assessment Levy for Unpaid Administrative Offense Charges. Finance Director Beer requested the Council adopt a special assessment levy for unpaid administrative offense charges. He explained a $35 administrative fee and interest would be charged on the assessments. Mayor Flaherty opened the public hearing at 7:03 p.m. Mounds View City Council November 28, 2016 Regular Meeting Page 2 Hearing no public input, Mayor Flaherty closed the public hearing at 7:03 p.m. Mayor Flaherty asked what these administrative offenses were for. Finance Director Beer indicated these offenses were typically City Code violations such as long grass. MOTION/SECOND: Mueller/Meehlhause. To Waive the Reading and Adopt Resolution 8666 Adopting a Special Assessment Levy for Unpaid Administrative Offense Charges. Ayes – 5 Nays – 0 Motion carried. B. First Reading of Ordinance 929, an Ordinance Amending Chapter 405 of the Mounds View City Code to Decrease the Membership of the Parks, Recreation and Forestry Commission from Nine to Seven Members. Assistant City Administrator Crane requested the Council introduce an Ordinance that would amend City Code to decrease the membership of the Parks, Recreation and Forestry Commission from nine to seven members. She reported the commission was finding it challenging to have a quorum present at meetings. This led staff to draft an Ordinance that would change the membership from nine to seven. Staff explained the Second Reading of the Ordinance would occur on December 12th. MOTION/SECOND: Gunn/Meehlhause. To Waive the First Reading and Introduce Ordinance 929, an Ordinance Amending Chapter 405 of the Mounds View City Code to Decrease the Membership of the Parks, Recreation and Forestry Commission from Nine to Seven Members. Council Member Meehlhause reported the Parks, Recreation and Forestry Commission had to cancel their meeting on three separate occasions this year for quorum reasons. He understood that several of the individuals have had work commitments and would be resigning. He believed the change would greatly benefit this group. Ayes – 5 Nays – 0 Motion carried. C. Resolution 8660, a Resolution to Consider and Approve the 2017 Fee Schedule. City Administrator Ericson requested the Council discuss and approve the 2017 fee schedule. He reviewed the changes to the fee schedule from the previous year and recommended approval. Mayor Flaherty asked what the Community Center considered a “day” for their daily rate. City Administrator Ericson reported this would be from open to close of the Community Center. MOTION/SECOND: Mueller/Hull. To Waive the Reading and Adopt Resolution 8660, a Resolution to Consider and Approve the 2017 Fee Schedule. Council Member Mueller thanked staff for cleaning up the complicated formulas and for making Mounds View City Council November 28, 2016 Regular Meeting Page 3 the document more simple to utilize. She questioned when the updates would be posted on the City’s website. City Administrator Ericson anticipated the new fee schedule would be posted on the website mid-December. Ayes – 5 Nays – 0 Motion carried. D. First Reading and Introduction of Ordinance 928, Approving Planning and Development Fees. City Administrator Ericson requested the Council introduce an Ordinance that would approve planning and development fees. He reviewed the proposed changes to the major and minor subdivision fees and recommended approval. MOTION/SECOND: Gunn/Hull. To Waive the First Reading and Introduce Ordinance 928, Approving Planning and Development Fees. Ayes – 5 Nays – 0 Motion carried. E. First Reading and Introduction of Ordinance 930, Establishing Residency Restrictions for Level 3 Predatory Offenders. City Administrator Ericson requested the Council introduce an Ordinance establishing residency restrictions for Level 3 Predatory Offenders. He reported this item was discussed with the City Attorney and the Police Department. He explained residency restrictions have been adopted by many neighboring communities to prevent Level 3 Predatory Offenders from living near schools, parks, playgrounds, daycares or churches. Council Member Gunn questioned where Level 1 and Level 2 offenders could live. City Administrator Ericson reported Level 1 and Level 2 offenders were not public information and the proposed Ordinance did not apply to these individuals. Council Member Mueller requested further information on the differences between a Level 1/Level 2 offender compared to a Level 3 offender. Police Chief Harder explained the various levels were assigned by the State based on risk and likelihood to reoffend. He indicated Level 1 offenders were to remain private and no notification could be made to the public. He stated Level 2 offenders were allowed some notification and Level 3 was a mandated notification. He commented the City has only had one Level 3 offender living within the City limits and that was for about three hours. Council Member Mueller asked if the Minnesota Sex Offender Program had a responsibility to notify cities when Level 3 offenders moved into a community. City Attorney Riggs advised this was a State entity that had to notify communities. He commented on the checks and compliance issues that were maintained by the Police Department. He believed the City would be in a decent position by approving the proposed Ordinance. Mounds View City Council November 28, 2016 Regular Meeting Page 4 Council Member Mueller questioned how the City could work with the Minnesota Sex Offender Program to provide communities more time to notify the public and hold necessary forums prior to a Level 3 sex offender moving into a City. City Attorney Riggs commented this was a legislative issue that should be brought to the League of Minnesota Cities. Council Member Mueller inquired if it would be beneficial for the City of Mounds View to send a letter to the League addressing this issue. City Attorney Riggs recommended the Council send a letter. Council Member Gunn recalled the City has had three Level 3 offenders in the City during her tenure on the Council. She remembered that forums were held for the first two as adequate notice was given to the City. This was not the case with the last offender. She supported a letter being sent to the League of Minnesota Cities and local legislators regarding this concern. Mayor Flaherty supported this suggestion and was pleased the City would be passing residency legislation for Level 3 offenders. MOTION/SECOND: Mueller/Gunn. To Waive the First Reading and Introduce Ordinance 930, Establishing Residency Restrictions for Level 3 Predatory Offenders. Council Member Mueller asked if the Ordinance would be available for the public to view on the City’s website. City Administrator Ericson reported Ordinance 930 would be available on the website for the public to review. Any comments or questions regarding this Ordinance should be directed to City Administrator Ericson at City Hall. Ayes – 5 Nays – 0 Motion carried. Council Member Mueller requested staff draft a letter to the League of Minnesota Cities and local legislators on behalf of the City of Mounds View and its residents regarding proper notification for Level 3 sex offenders. City Administrator Ericson stated he would be happy to draft a letter. F. 1.) Consider Resolution 8669, Approving a Development Review of the Public Works Facility expansion for the property at 2466 Bronson Drive. Planner Sevald stated the City will be replacing its Public Works Facility in 2017 at the location of the current facility at 2466 Bronson Drive. A Development Review is required of the Site Plan (e.g. parking, landscaping, lighting, etc.). The proposed facility would require a Variance to reduce the front yard setback (heard and approved by the Planning Commission in November) for a parking lot; a Conditional Use Permit for outside storage; and a Conditional Use Permit for above ground fuel tanks. Planner Sevald reported the Public Works Facility is located along Bronson Drive on the north side of City Hall Park. The maintenance building was constructed in the mid-1960’s, and an addition was built in 1987. Originally used by the Police Department, Public Works moved in Mounds View City Council November 28, 2016 Regular Meeting Page 5 when the current City Hall and Police Department were built. The existing Public Works facility includes a number of buildings. Only the Maintenance building (12,256 sq. ft. existing), Cold Storage/Salt Storage building (4,800 sq. ft. existing) will be replaced. The new Maintenance Building will be 34,773 sq. ft., and the Salt Storage Shed will be 1,600 sq. ft. The new facility will be constructed in phases, allowing continued operation of the existing facility during construction. The parking requirements for the new facility was reviewed in detail. Staff provided further comment on the Development Review. He discussed the recommendations from the Planning Commission made at their November 16th meeting and recommended approval. Mayor Flaherty questioned how the City would manage fly balls entering the Public Works facility from the adjacent ballfield. Public Works Director Erickson commented this may occur and would be taken under advisement of staff. MOTION/SECOND: Mueller/Meehlhause. To Waive the Reading and Adopt Resolution 8669, Approving a Development Review of the Public Works Facility expansion for the property at 2466 Bronson Drive. Ayes – 5 Nays – 0 Motion carried. 2.) 7:00 p.m. Public Hearing to consider Resolution 8670, Approving a Conditional Use Permit for Open and Outdoor Storage as an Accessory Use. Planner Sevald stated within the I-1 District, a Conditional Use Permit is required for “Open and outdoor storage as an accessory use”. It was noted outdoor storage will be located: (1) south of the Salt Storage Building (mulch and gravel bins); and (2) south of the Maintenance Building (plow attachments, trailers, park equipment, misc. items). Outside storage must be screened by a solid fence or wall. The concrete mulch/gravel bins will be fenced, and screened by an 8’ decretive wall along a portion of Bronson Drive. The outside storage area south of the Maintenance Building will be screened from Mounds View Boulevard by trees (Black Hill Spruce, Scots Pine, Hawthorn). These trees will be 6’ in height when planted, and grow to a height of 20’ (Hawthorn) and 50’ (pine trees). Staff reviewed the request in further detail and reported the Planning Commission recommended approval of the Conditional Use Permit for open and outdoor storage as an accessory use. Mayor Flaherty opened the public hearing at 7:44 p.m. Hearing no public input, Mayor Flaherty closed the public hearing at 7:44 p.m. MOTION/SECOND: Gunn/Meehlhause. To Waive the Reading and Adopt Resolution 8670, Approving a Conditional Use Permit for Open and Outdoor Storage as an Accessory Use. Ayes – 5 Nays – 0 Motion carried. 3.) 7:00 p.m. Public Hearing to consider Resolution 8671, Approving a Mounds View City Council November 28, 2016 Regular Meeting Page 6 Conditional Use Permit for the Storage of Flammable Liquids Over 800 Gallons Above Ground. Planner Sevald stated Within the I-1 District, a Conditional Use Permit is required for the “Storage of flammable liquids over 800 gallons above ground”. The existing underground fuel tank will be removed, while the existing above ground tank will be moved to the southeast corner of the site, and a second tank added. Each tank will be 3,000 gallons. The City Code includes a set of criteria to be considered when reviewing a Conditional Use Permit. Staff’s analysis of these criteria is included in Resolution 1062-16 (outside storage), and Resolution 1063-16 (above ground fuel tanks). Staff reviewed the request in further detail and noted the Planning Commission recommended approval of the Conditional Use Permit for the Storage of Flammable Liquids. Council Member Mueller asked if public hearing notices were sent to adjacent property owners. Planner Sevald reported this was the case. Mayor Flaherty asked if the gas tanks would remain in the same location. Planner Sevald reviewed the location of the new gas tanks on the Public Works Facility site noting each would be moved further away from the adjacent residential properties. Council Member Mueller was pleased that both of the tanks would be above ground as this would assist the City in better monitoring its tanks. Mayor Flaherty requested further information on the above ground tanks. Public Works Director Erickson reported the tanks were double walled and would be placed within a containment area. Mayor Flaherty opened the public hearing at 7:48 p.m. Hearing no public input, Mayor Flaherty closed the public hearing at 7:48 p.m. MOTION/SECOND: Mueller/Hull. To Waive the Reading and Adopt Resolution 8671, Approving a Conditional Use Permit for the Storage of Flammable Liquids Over 800 Gallons Above Ground. Ayes – 5 Nays – 0 Motion carried. G. Resolution 8672, Approving the Purchase of Replacement Water Operating Valve at Water Treatment Plant 1. Public Works Supervisor Peterson requested the Council approve the purchase of replacement water operating valve at Water Treatment Plant 1. He explained in 2015 the City found another valve in the Water Treatment Plant that was not properly operating. This item was placed in the 2016 budget. Staff recommended the Council approve the purchase of the valve. Council Member Mueller thanked staff for completing the replacement of the valve. Mounds View City Council November 28, 2016 Regular Meeting Page 7 Mayor Flaherty asked if the warranty of the valve would be impacted due to the fact staff would be installing the valve. Public Works Supervisor Peterson reported the warranty would not be impacted. MOTION/SECOND: Mueller/Meehlhause. To Waive the Reading and Adopt Resolution 8672, Approving the Purchase of Replacement Water Operating Valve at Water Treatment Plant 1. Ayes – 5 Nays – 0 Motion carried. 8. CONSENT AGENDA Council Member Mueller asked to remove Item 8B. A. Resolution 8668, a Resolution Approving the 2017 SCORE Recycling Grant. B. Resolution 8667, Adopting a Minnesota Government Data Practices Act Policy and Designating the Responsible Authority and Compliance Official. C. Set a Public Hearing for Monday, December 12, 2016 at 7:00 p.m., to Consider Ordinance 928 Approving Planning and Development Fees. D. Set a Public Hearing for Monday, December 12, 2016, at 7:00 p.m., to Consider Ordinance 929, an Ordinance Revising Section 405.02 of the City Code Relating to the Park, Recreation and Forestry Commission Membership. MOTION/SECOND: Mueller/Gunn. To Approve the Consent Agenda as amended removing Item 8B. Ayes – 5 Nays – 0 Motion carried. B. Resolution 8667, Adopting a Minnesota Government Data Practices Act Policy and Designating the Responsible Authority and Compliance Official. Council Member Mueller thanked City Administrator Ericson and Police Chief Harder for coming up with a new policy on behalf of the City. She discussed the Data Practices Act further and recommended the City consider a budget item to cover the costs incurred by staff when a data request was made. MOTION/SECOND: Mueller/Hull. To Waive the Reading and Adopt Resolution 8667, Adopting a Minnesota Government Data Practices Act Policy and Designating the Responsible Authority and Compliance Official. Ayes – 5 Nays – 0 Motion carried. 9. JUST AND CORRECT CLAIMS Mounds View City Council November 28, 2016 Regular Meeting Page 8 Finance Director Beer answered the Council's questions related to claims. MOTION/SECOND: Mueller/Meehlhause. To Approve the Just and Correct Claims as presented. Ayes – 5 Nays – 0 Motion carried. 10. APPROVAL OF MINUTES A. October 24, 2016, City Council Meeting Minutes. Council Member Mueller requested a correction on Page 8, Line 10 stating the Festival in the Park meeting was held on Tuesday, November 19th with a reminder that the next Festival in the Park would be held on Saturday, August 19, 2017. Council Member Meehlhause requested a correction on Page 2, Line 1 changing help to held. MOTION/SECOND: Meehlhause/Mueller. To Approve the October 24, 2016, City Council meeting minutes as amended. Ayes – 5 Nays – 0 Motion carried. B. November 14, 2016, City Council Meeting Minutes. Council Member Meehlhause requested a correction on Page 10, Line 21 stating the line should read: for providing the Council with photographs. Council Member Meehlhause suggested a correction on Page 10, Line 41 asking that YMCA be added between indicated and staff. MOTION/SECOND: Gunn/Hull. To Approve the November 14, 2016, City Council meeting minutes as amended. Ayes – 5 Nays – 0 Motion carried. 11. REPORTS A. Reports of Mayor and Council. Council Member Gunn stated the I-35W Coalition met and received an update from MnDOT. Feedback was provided on the grant application. It was noted the grant would be resubmitted for the next cycle for further consideration. Council Member Gunn reported on Sunday, December 4th the Mounds View Lions Club would be having a waffle breakfast with Santa at Edgewood Middle School from 9:00 a.m. to 1:00 p.m. Mounds View City Council November 28, 2016 Regular Meeting Page 9 Council Member Gunn explained on Saturday, December 3rd the YMCA would be hosting Cookies with Santa at the Community Center from 10:00 a.m. to 12:00 p.m. The event was free and open to the public. Council Member Mueller stated the Santa Parade would be held on Thursday, December 1st in Mounds View. She indicated the Fire Department would be collecting non-perishable food items for the Ralph Reeder Food Shelf during the parade. Council Member Mueller reported on Wednesday, November 30th she would be attending the League of Minnesota Cities regional meeting in Brooklyn Center at the Earle Brown campus. She discussed the items that would be discussed at this seminar. Council Member Meehlhause indicated he recently spoke with Jim Frankels at DellComm and it appears the improvement project on Mustang Drive has alleviated the water concerns in this area. He extended his thanks to the Public Works staff and contractor for a job well done. Council Member Meehlhause commented he would be attending a Twin Cities Gateway board meeting on Tuesday, November 29th. He was pleased to report that hospitality tax collections were up 4.1% through September of 2016. Council Member Meehlhause explained he would also be attending the League of Minnesota Cities seminar on Wednesday and would be at an NYFS meeting on Friday. Mayor Flaherty reported on Thursday, December 1st he would attending his last Cable Commission meeting. Council Member Mueller stated on Thursday, December 8th the Ramsey County League of Local Government would be holding their annual meeting in Maplewood where there would be a presentation by Professor David Schulz regarding the recent election results. B. Reports of Staff. 1. Police Chief Report Police Chief Harder stated in August the State legislature provided much needed guidance to local Police Departments regarding body cameras. He explained the legislature has mandated departments hold a public forum to allow residents an opportunity to provide input regarding body cameras. He provided the Council with an FAQ sheet from the League of Minnesota Cities. He reviewed the Mounds View Police Department’s proposed data retention and body camera policy with the Council, noting it was modeled after the League of Minnesota Cities recommendations. He recommended the City consider purchasing Watch Guard body cameras. He asked for comments or questions from the Council. Mayor Flaherty questioned if the cameras had audio and video capabilities. Police Chief Harder stated this was the case. Mounds View City Council November 28, 2016 Regular Meeting Page 10 Mayor Flaherty asked how staff would be trained to use the body cameras. Police Chief Harder explained Watch Guard would provide training for Mounds View Police Officers. Mayor Flaherty inquired when the body cameras would be implemented. Police Chief Harder reported the body cameras would be implemented January or February of 2017. Mayor Flaherty questioned how durable the cameras were. Police Chief Harder indicated these cameras were very durable and would last. Council Member Gunn thanked Police Chief Harder for his thorough report. She asked what supervisors would be randomly reviewing the information. Police Chief Harder stated this would be conducted by any or all supervisors within the department, along with himself. Council Member Mueller inquired if the estimate was for four or eight body cameras. Police Chief Harder clarified the estimate was for eight body cameras. He believed that eight cameras would be a sufficient number to keep the department properly covered. Mayor Flaherty supported the purchase and implementation of body cameras for the Mounds View Police Department. Council Member Meehlhause recommended that the Police Department consider purchasing 10 body cameras. Police Chief Harder discussed the amount of funds available for body cameras for 2016 and 2017. He then reviewed the data retention expense noting that Mounds View would be collaborating with the Roseville IT department. City Administrator Ericson stated if the Council would like to discuss this matter in more detail this item could be placed on an upcoming worksession agenda, otherwise a Resolution will be brought forward on December 12th. Council Member Gunn supported a Resolution being approved on December 12th with a short discussion being held at the December 5th worksession meeting. 2. City Administrator Report City Administrator Ericson indicated the City of Mounds View was awarded a Political Leadership Leaders in Local Government Award from the St. Paul Area Chamber of Commerce for the City’s business retention and expansion efforts. He commended Brian Beeman on his efforts on behalf of the City of Mounds View. It was noted this was the second year the City had received this award. Mayor Flaherty thanked Brian Beeman for his dedicated service to the City of Mounds View. City Administrator Ericson discussed the City Council meeting start times and requested the Council consider a 6:00 p.m. start time. He stated if the Council was supportive, the new start time could take effect in January 2017. Mounds View City Council November 28, 2016 Regular Meeting Page 11 The Council supported a 6:00 p.m. start time. City Administrator Ericson discussed the City’s off-sale liquor license moratorium noting it would end on December 31, 2016. He apologized for not getting back to the Council sooner on this issue and asked if the Council would support a three-month extension on the moratorium in order for staff and the Council to determine the appropriate number of off-sale licenses for the community. The Council supported the moratorium being extended six months. MOTION/SECOND: Gunn/Hull. To Extend Resolution 8551, Establishing a Moratorium on Any New Off-Sale Liquor Licenses an Additional Six Months. Council Member Mueller stated based on the outcome of the research she wanted to be assured the City had enough time for a business to apply for a liquor license prior to the June deadline. Mayor Flaherty reported the moratorium was self-imposed and could be eliminated at any time. Ayes – 5 Nays – 0 Motion carried. City Administrator Ericson indicated staff has been talking about the Charter Commission vacancies for the past year. There was a consensus to reduce the Charter Commission from 11 members to 9. He was pleased to report the City received four new applications for the Charter Commission which would assist in filling the vacant positions. Mayor Flaherty thanked the individuals that volunteered to serve on the Charter Commission. City Administrator Ericson stated Planner Sevald, Business Development Coordinator Beeman and himself met with a developer interested in developing the vacant lots (five total) at the corner of Woodale and Mounds View Boulevard. He indicated there were five parcels in this area that were collectively 5+ acres in size. He explained the City had guided this area as a mixed-use development and the City’s intent was to see these parcels developed as a single project. However, after discussions with the developer, it appears he is only interested in developing the corner parcel. While staff was happy to see there was interest in this property he questioned how the Council felt about a single development on the corner lot. Council Member Mueller supported the corner parcel being developed independently from the adjacent lots. She believed that development on this corner parcel would drive development on the other four parcels. Councilmember Gunn agreed. Councilmember Meehlhause and Councilmember Hull also supported the singular development of the corner lot. Mounds View City Council November 28, 2016 Regular Meeting Page 12 Finance Director Beer reminded the Council there would be a Truth in Taxation Hearing on Monday, December 5th at 6:00 p.m. Public Works Director Erickson provided the Council with an update on the I-35/County Road H project. Council Member Mueller questioned when the sign at this intersection would be installed in the roundabout. Public Works Director Erickson stated he would report back to the Council in January on this matter. C. Reports of City Attorney. City Attorney Riggs had nothing additional to report. 12. Truth in Taxation Meeting: Monday, December 5, 2016, at 6:00 p.m. Next Council Work Session: Monday, December 5, 2016, at 7:00 p.m. Next Council Meeting: Monday, December 12, 2016, at 7:00 p.m. 13. ADJOURNMENT The meeting was adjourned at 8:54 p.m. Transcribed by: Heidi Guenther TimeSaver Off Site Secretarial, Inc.