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HomeMy WebLinkAboutMinutes - 2016/03/28PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting March 28, 2016 Mounds View City Hall 2401 County Road 10, Mounds View, MN 55112 7:01 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, March 28, 2016, City Council Agenda. MOTION/SECOND: Mueller/Hull. To Approve the Monday, March 28, 2016, agenda as revised as of 5:15 p.m. on Monday, March 28, 2016. Ayes – 5 Nays – 0 Motion carried. 5. PUBLIC INPUT Greg Gunn, 5090 Irondale Road, explained he has had some issues with the City regarding code violations. He reviewed each of the code violations in detail with the Council and explained he has made an attempt to address the issues. However, he was still receiving communications from the City. He believed the root of the issue was the debris at the front of his garage. He provided the Council with copies of the violations. He stated he wanted to be proactive and resolve the concerns of the City. Mayor Flaherty encouraged Mr. Gunn to contact City staff to arrange a meeting with the Code Enforcement Officer. 6. SPECIAL ORDER OF BUSINESS A. Arbor Day Proclamation Mayor Flaherty read a proclamation in full for the record declaring April 22, 2016 to be Earth Day and Friday, April 29, 2016 to be Arbor Day in the City of Mounds View. Mounds View City Council March 28, 2016 Regular Meeting Page 2 Acting City Administrator Crane discussed the work conducted by the City to maintain its Tree City USA designation. Council Member Mueller encouraged residents of Mounds View to participate in the Ramsey County Friends of the Park tree sale, which was going on now. 7. COUNCIL BUSINESS A. 7:00 p.m. Public Hearing: Resolution 8541, a Resolution to Consider a Honeybee Keeping License Located at 2824 Bronson Drive – Applicant: Roger Magnuson. Acting City Administrator Crane indicated Roger Magnuson was requesting a honeybee keeping license for his property at 2824 Bronson Drive. She explained he was requesting to have three hives. Staff indicated Mr. Magnuson meets all requirements within City Code and recommended approval of the request. Mayor Flaherty opened the public hearing at 7:14 p.m. Hearing no public input, Mayor Flaherty closed the public hearing at 7:14 p.m. Council Member Mueller thanked Mr. Magnuson for his request and was pleased to learn that he attended a Bee Keeping Course with the University of Minnesota. She asked if Mr. Magnuson had a water source for his bees. Mr. Magnuson reported he had a pond in his backyard that would provide an adequate water source for the bees. MOTION/SECOND: Gunn/Meehlhause. To Waive the Reading and Adopt Resolution 8541, a Resolution to Consider a Honeybee Keeping License Located at 2824 Bronson Drive. Ayes – 5 Nays – 0 Motion carried. B. 7:00 p.m. Public Hearing: Resolution 8542, a Resolution to Consider an Off- Sale Intoxicating Liquor License for Keshav Enterprises, Inc., to Operate a Liquor Store Located at 2408 County Road I. Acting City Administrator Crane reported Keshav Enterprises, Inc. was requesting an off-sale intoxicating liquor license for the property at 2408 County Road I. She explained this was the former Snap Market location. She reported a background check has been submitted on the owner and on Keshav Enterprises. She was pleased to report that all background checks came back satisfactory. It was noted Keshav Enterprises owns another liquor store in Brooklyn Park called City Liquor. She stated City Liquor has had two violations with sales to minors, which occurred in 2009 and 2010. Acting City Administrator Crane went on to report that the property at 2408 County Road I had no outstanding utility bills, but did have $28,686.28 outstanding in property taxes. This property tax statement was submitted to Ramsey County. Staff advised that due to the outstanding Mounds View City Council March 28, 2016 Regular Meeting Page 3 property taxes the applicant was not eligible to receive a liquor license in accordance with City Code. She recommended the Council hold a public hearing and deny the liquor license request. Mayor Flaherty opened the public hearing at 7:20 p.m. Helen Hool, 7643 Edgewood Drive, reported she neighbored the subject property. She did not believe the City needed another liquor store. Gerald Kromrey, 2363 County Road I, stated he also lived near the proposed liquor store. He feared that drunk drivers would be driving through his neighborhood. He indicated he was against the proposal and recommended the Council deny the request. Linda Stewlow, 2366 Pinewood Circle, questioned if the City Council would hold another hearing if the delinquent property taxes were paid in full. She commented she was opposed to the City having another liquor store and did not believe this was a good fit for her neighborhood. Hearing no further public input, Mayor Flaherty closed the public hearing at 7:24 p.m. Mayor Flaherty indicated the outstanding property taxes will stop this request from moving forward at this time. MOTION/SECOND: Flaherty/Meehlhause. To Waive the Reading and Deny Resolution 8542, a Resolution to Consider an Off-Sale Intoxicating Liquor License for Keshav Enterprises, Inc., to Operate a Liquor Store Located at 2408 County Road I. Julio Punjani, property owner, stated he has owned this property for the past 15 years. He discussed the difficulty he had had in finding a tenant for this property over the past one and a half years. He explained he has been in communication with his bank and anticipated his property taxes would be current in the next three months. He indicated without the liquor license, he would not pay his property taxes. Council Member Mueller recalled the discussion the Council had last month regarding the potential of another liquor store in the community. She believed the Council was not real supportive of another liquor store and had hoped that Mr. Punjani would be able to find another tenant. Mr. Punjani discussed the difficulty he has had in finding a tenant for this property. He stated he was more than willing to have the City assist him in finding a different type of tenant for this space. Council Member Gunn asked if Mr. Punjani would be owning the liquor store. Mr. Punjani stated he would continue to own the building, but explained the liquor store would be owned by another entity. He commented he would be paying the property taxes in full in the next 90 days once he knew he had a tenant in the space with an approved liquor license. Mounds View City Council March 28, 2016 Regular Meeting Page 4 Mayor Flaherty discussed the City’s rules and Ordinances that had to be followed regarding liquor license. He did not appreciate Mr. Punjani’s idle threats to not pay his property taxes. Mr. Punjani commented he has paid the property taxes for the past 15 years on this property and he would pay the property taxes. Mayor Flaherty reported that once the property taxes were paid in full the City could consider the liquor license request. Council Member Gunn stated according to the information provided by staff, Mr. Punjani was late on paying half of 2014 and all of 2015 property taxes. Mr. Punjani reported this was due to the fact a former tenant had not paid him rent for six months. Ayes – 5 Nays – 0 Motion carried. C. 7:00 p.m. Public Hearing: Resolution 8543, a Resolution to Consider a Conditional Use Permit for a Temporary Garden Center at 2523 County Road 10; Planning Case CU2016-001. Planner Sevald explained Camillo Ogando (Garden City LLC), has requested a Conditional Use Permit (CUP) for a temporary garden center in the parking lot of the Mounds View Square shopping center at 2523 County Road 10. It was noted the property was zoned B-4. He commented the seasonal garden center operation would be similar to what has been conducted at this location in previous years. Staff indicated the Planning Commission reviewed this request at their March 16 th meeting and recommended approval of the CUP with conditions. Mayor Flaherty opened the public hearing at 7:38 p.m. Hearing no public input, Mayor Flaherty closed the public hearing at 7:38 p.m. Mayor Flaherty asked if the garden center would be similar to Linder’s. Camillo Ogando, Garden City LLC, indicated he worked for Linder’s for 14 years and stated his garden center would be similar to Linder’s. Council Member Mueller questioned if the garden center presentation and stock would be the same as Linder’s. Mr. Ogando commented his garden center presentation would be the same as Linder’s and noted the same greenhouse building would be used. He reported he would be buying his annuals and perennials from local suppliers. Council Member Mueller inquired when the garden center would be open for business. Mr. Orgando anticipated the garden center would be open by Friday, April 29 th . MOTION/SECOND: Mueller/Gunn. To Waive the Reading and Adopt Resolution 8543, a Resolution to Consider a Conditional Use Permit for a Temporary Garden Center at 2523 County Road 10. Mounds View City Council March 28, 2016 Regular Meeting Page 5 Ayes – 5 Nays – 0 Motion carried. D. 7:00 p.m. Public Hearing: Resolution 8538, a Resolution to Consider an Interim Use Permit for a Tent and/or Membrane Structure at 2200 County Road 10; Planning Case IU2016-001. Planner Sevald stated in 2004, The Mermaid Entertainment & Event Center installed a 40’ x 105’ tent structure, located on a patio between the hotel and bowling alley. The tent is used seasonally as a banquette hall. The structure is permanent while the tent fabric is put up in the spring and taken down in the fall. An Interim Use Permit (IUP) was issued for the tent in 2005, 2010, and 2011. Each IUP expired after five years, or if ownership changed, such was the case in 2011. It was noted the applicant, Michael Anderson (Anderson Companies, LLP) was now applying for a similar IUP to continue the use of the tent. Staff explained the Planning Commission reviewed this request at their March 16 th meeting and recommended approval of the Interim Use Permit with conditions. 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. Mayor Flaherty supported the renewal of the IUP. Council Member Mueller understood the City has had no complaints regarding the tent. She questioned how many events were held at this venue on a yearly basis. Planner Sevald deferred to the applicant. Martin Larson, The Mermaid Entertainment & Event Center, stated last year 37 wedding receptions and 22 other functions were held in the tent. He estimated each event hosted 250 people. MOTION/SECOND: Mueller/Meehlhause. To Waive the Reading and Adopt Resolution 8538, a Resolution to Consider an Interim Use Permit for a Tent and/or Membrane Structure at 2200 County Road 10. Council Member Mueller reiterated that the Interim Use Permit was being approved for a five- year time period. Ayes – 5 Nays – 0 Motion carried. E. 7:00 p.m. Public Hearing: Second Reading and Adoption of Ordinance 913, an Ordinance Amending Chapter 1120 of the Mounds View Zoning Code. Planner Sevald stated the Zoning Code requires a Mixed-Use Planned Unit Development (PUD) to have a minimum project size of five (5) acres. Staff is recommending this be changed to four (4) acres in order to accommodate smaller developments. He discussed the City’s Zoning Code regarding PUD’s in further detail and noted the Planning Commission recommends approval of Mounds View City Council March 28, 2016 Regular Meeting Page 6 an amendment to Zoning Code 1120.03, Subd 3(b) to allow Mixed Use PUD’s to be a minimum of four (4) acres in project size. Mayor Flaherty opened the public hearing at 7:48 p.m. Hearing no public input, Mayor Flaherty closed the public hearing at 7:49 p.m. MOTION/SECOND: Mueller/Gunn. To Waive the Second Reading and Adopt Ordinance 913, an Ordinance Amending Chapter 1120 of the Mounds View Zoning Code. ROLL CALL: Gunn/Hull/Meehlhause/Mueller/ Flaherty. Ayes – 5 Nays – 0 Motion carried. F. Resolution 8537, Awarding Construction Contract for the 2016 Street and Utility Improvement Project – Area I. Public Works Director Erickson requested the Council award a construction contract for the 2016 Street and Utility Improvement Project for Area I. He explained this project would cover the northeast portion of the City. He stated the City received six bids for this project and the low bid was received from Douglas Kurr Underground for $4,080,913.79. He indicated he spoke with several references and received satisfactory recommendations for this contractor. Staff recommended the Council award the contract. Council Member Mueller questioned if expense covered Phase I and Phase II of the project. Public Works Director Erickson stated this was the case and it would be staff’s goal to complete the entire project in 2016. However, this would hinge on the work being completed by Met Council and the County. If these entities caused delays, the project would be completed in 2017. Mike Warner, Bolton & Menk representative, provided comment on the positive bidding climate. Council Member Mueller was pleased to see that the low bidder came in below the engineer’s estimate. Mayor Flaherty asked when the City would have a solid estimate on expenses if the project were pushed into 2017. Public Works Director Erickson anticipated this information would not be known until September. Mayor Flaherty was uncomfortable with leaving this matter hanging in the balance. He requested staff provide the Council with further information on the Bolton & Menk expenses. Council Member Mueller expressed concern with the fact that the 2015 Street and Utility Improvement Project was still incomplete. She brought these concerns to City Administrator Ericson and inquired when the final punch list items would be completed. Public Works Director Erickson anticipated the work that was remaining would be finished this spring. He Mounds View City Council March 28, 2016 Regular Meeting Page 7 reported the contractor would want to get paid and had to finish the punch list prior to that happening. Council Member Mueller questioned when Groveland Park would be open to the public. Public Works Director Erickson estimated the park would be open for use early to mid-April. Council Member Meehlhause asked how much remained on the contract and still had to be paid out to the contractor. Finance Director Beer estimated the amount was around $300,000 plus 5% on the work that had already been completed. MOTION/SECOND: Hull/Mueller. To Waive the Reading and Adopt Resolution 8537, Awarding Construction Contract for the 2016 Street and Utility Improvement Project – Area I. Ayes – 5 Nays – 0 Motion carried. G. Resolution 8539, Approve Plans and Specifications and Authorize Advertisement for Bids for CSAH 10 Trail Segments 6 and 11. Public Works Director Erickson requested the Council approve the Plans and Specifications and Authorize Advertisement for Bids for CSAH 10 Trail Segments 6 and 11. He reviewed the history of the project and noted Bolton & Menk prepared the bid documents. He stated the City had been in communication with Beth Engum regarding a portion of the trail ($58,000) that was eligible for County funding. He discussed the lighting he would like to see along the trail for safety purposes. He recommended the Council approve the plans and specs and authorize advertisement for bids on May 3 rd . Council Member Meehlhause asked if the estimate included lighting. Public Works Director Erickson reported this was the case. Mayor Flaherty requested further information on the proposed rerouting of the trail at the movie theater. Public Works Director Erickson described how the trail would be adjusted. Mayor Flaherty supported the trail rerouting as suggested by staff and believed this would improve pedestrian safety. MOTION/SECOND: Meehlhause/Hull. To Waive the Reading and Adopt Resolution 8539, Approve Plans and Specifications and Authorize Advertisement for Bids for CSAH 10 Trail Segments 6 and 11, with a bid date opening on May 3, 2016. Council Member Gunn asked if the City planned to put a trail in front of CVS. Finance Director Beer explained this would not occur until Spring Lake Park proposed a trail connection. Mayor Flaherty recommended the Park and Recreation Commission review this segment. Council Member Mueller questioned if there were any trash receptacles along the trail segments. Public Works Director Erickson stated there were not trash receptacles along the trail at this time. Mounds View City Council March 28, 2016 Regular Meeting Page 8 He expressed concern with the maintenance and upkeep of these bins. Ayes – 5 Nays – 0 Motion carried. H. Resolution 8540, Approve County Road I Concrete Rehabilitation Project Cost Share Agreement with Ramsey County. Public Works Director Erickson requested the Council approve the County Road I concrete rehabilitation project and cost share agreement with Ramsey County. He provided comment on how the cost of the traffic signal came in higher than was anticipated and reported the cost of the City’s portion of the project was estimated to be $209,000. He discussed how the concrete panels would be replaced by the County and recommended approval. Mayor Flaherty questioned who sought the estimates for this project. Public Works Director Erickson reported this work was completed by the County. Mayor Flaherty was surprised that the County had estimated the project costs 20% below the actual expense. Public Works Director Erickson stated he could speak with the County further regarding the costs for this project and could report back to the Council at a future meeting. Mayor Flaherty and Council Member Gunn supported this recommendation. MOTION/SECOND: Gunn/Mueller. To Table Action on Resolution 8540 to the April 11, 2016 City Council meeting. Council Member Meehlhause commented the $209,000 expense was $85,000 higher than the City had budgeted for this project. He recommended a County representative be present at the April 11 th meeting to take questions and comments from the City Council. Council Member Mueller understood the County was charging an engineering fee equal to 12% of the project costs. She questioned why the County was charging this high of a fee when the City only pays 5% to 8%. Ayes – 5 Nays – 0 Motion carried. 8. CONSENT AGENDA A. Resolution 8538, Approving an Amended and Restated Joint Powers Agreement with the North Metro I-35W Corridor Coalition. MOTION/SECOND: Gunn/Mueller. To Approve the Consent Agenda as presented. Ayes – 5 Nays – 0 Motion carried. 9. JUST AND CORRECT CLAIMS Mounds View City Council March 28, 2016 Regular Meeting Page 9 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 None. 11. REPORTS A. Reports of Mayor and Council. Council Member Meehlhause stated he would be meeting with Ramsey County Public Works Director Jim Tolaas, Ramsey County Representative Blake Huffman, Mayor Flaherty and Administrator Ericson along with representatives from MnDOT on Friday to discuss the renaming of County Highway 10. Council Member Mueller reported the Festival in the Park Committee would be meeting next on Tuesday, April 19 th at City Hall at 7:00 p.m. All those interested in volunteering were encouraged to attend. Council Member Mueller reviewed a photograph of the new Mounds View logo on the Community Center gym floor. Council Member Mueller thanked the public for their generous donations during the month of March to the Ralph Reeder Food Shelf. Council Member Gunn requested the Council discuss drafting a letter of support for the I-35 project at the next worksession meeting. The Council agreed to discuss this item at the April 4, 2016 worksession meeting. Council Member Gunn reported the solar panels had been installed at City Hall and the Community Center. Public Works Director Erickson stated the panels were installed and were being wired this week. He indicated Xcel would have to install the proper meters in the near future. B. Reports of Staff. Public Works Director Erickson reported the County was receiving bids for the County Road H project at this time. He discussed the large excavation work that would be conducted around County Road I. Mounds View City Council March 28, 2016 Regular Meeting Page 10 Acting City Administrator Crane explained the City had received eight qualified candidates for the Police Chief position. She discussed the hiring process that would be followed for these individuals. Acting City Administrator Crane noted the deadline for seasonal employees has been extended to ensure the City finds enough employees. Mayor Flaherty thanked staff for the work they put into the Town Hall Meeting. He was pleased with how smoothly this meeting ran. C. Reports of City Attorney. There was nothing additional to report. 12. Next Council Work Session: Monday, April 4, 2016, at 7:00 p.m. Next Council Meeting: Monday, April 11, 2016, at 7:00 p.m. 13. ADJOURNMENT The meeting was adjourned at 9:00 p.m. Transcribed by: Heidi Guenther TimeSaver Off Site Secretarial, Inc. For more information, contact: Danny Cohn, 402-473-9563 dcohn@arborday.org FOR IMMEDIATE RELEASE: Arbor Day Foundatiow arborday.org Arbor Day Foundation Names Mounds View Tree City USA Mounds View, MN was named a 2016 Tree City USA by the Arbor Day Foundation in honor of its commitment to effective urban forest management. Mounds View achieved Tree City USA recognition by meeting the program's four requirements: a tree board or department, a tree -care ordinance, an annual community forestry budget of at least $2 per capita and an Arbor Day observance and proclamation. "Tree City USA communities see the impact an urban forest has in a community first hand," said Dan Lambe, President of the Arbor Day Foundation. "Additionally, recognition brings residents together and creates a sense of community pride, whether it's through volunteer engagement or public education." Trees provide multiple benefits to a community when properly planted and maintained. They help to improve the visual appeal of a neighborhood, increase property values, reduce home cooling costs, remove air pollutants and provide wildlife habitat, among many other benefits. More information on the program is available at arborday.org/TreeCityUSA. About the Arbor Day Foundation: The Arbor Day Foundation is a million member nonprofit conservation and education organization with the mission to inspire people to plant, nurture, and celebrate trees. More information is available at arborday.org. (3 Arbor Day Foundation' Mayor Joe Flaherty 2401 Highway 10 Mounds View, MN 55112 Dear Tree City USA Supporter, On behalf of the Arbor Day Foundation, I write to congratulate Mounds View on earning recognition as a 2016 Tree City USA. Residents of Mounds View should be proud to live in a community that makes the planting and care of trees a priority. Mounds View is one of more than 3,400 Tree City USAs, with a combined population of 140 million. The Tree City USA program is sponsored by the Arbor Day Foundation in partnership with the U.S. Forest Service and the National Association of State Foresters. As a result of your commitment to effective urban forest management, you already know that trees are vital to the public infrastructure of cities and towns throughout the country, providing numerous environmental, social and economic benefits. In fact, trees are the one piece of community infrastructure that actually increases in value over time. We hope you are excited to share this accomplishment. Enclosed in this packet is a press release for your convenience as you prepare to contact local media and the public. State foresters are responsible for the presentation of the Tree City USA flag and other materials. We will forward information about your awards to your state forester's office to coordinate presentation. It would be especially appropriate to make the Tree City USA award a part of your community's Arbor Day ceremony. Again, we celebrate your commitment to the people and trees of Mounds View and thank you for helping to create a healthier planet for all of us. Best Regards, Dan Lambe President cc: Don Peterson enclosure