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HomeMy WebLinkAboutMinutes - 2015/06/08PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting June 8, 2015 Mounds View City Hall 2401 County Road 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, June 8, 2015, City Council Agenda. Mayor Flaherty requested Resolution 8428 be considered under Special Order of Business. MOTION/SECOND: Flaherty/Mueller. To Approve the Monday, June 8, 2015, agenda as amended. Ayes – 5 Nays – 0 Motion carried. 5. PUBLIC INPUT None. 6. SPECIAL ORDER OF BUSINESS A. Resolution 8428, Recognizing Don Peterson as the Interim Public Works Director. Mayor Flaherty read a Resolution recognizing Don Peterson and his efforts on behalf of the City of Mounds View as the Interim Public Works Director. A round of applause was offered by all in attendance. MOTION/SECOND: Mueller/Gunn. To Adopt Resolution 8428, Recognizing Don Peterson as the Interim Public Works Director. Ayes – 5 Nays – 0 Motion carried. Mounds View City Council June 8, 2015 Regular Meeting Page 2 7. COUNCIL BUSINESS A. Continued Public Hearing – Resolution 8410, to Consider an Off-Sale Intoxicating Liquor License for ABC Liquor Located at 2840 County Road 10. Assistant City Administrator Crane stated in accordance with City Code, a public hearing was required when considering the renewal of an off-sale intoxicating liquor license. She explained that ABC Liquor was requesting a liquor license renewal and submitted all necessary paperwork and fees (including a late fee) as of May 29 th . She reported that staff has conducted the required inspections and was waiting on the background investigation. She noted that all property taxes and utility bills were paid in full. Staff recommended the Council hold a public hearing and approve the off-sale intoxicating liquor license for ABC Liquor, contingent upon a satisfactory criminal background investigation. Hearing no public input, Mayor Flaherty closed the public hearing at 7:09 p.m. Council Member Mueller questioned if staff understood why ABC Liquor had submitted their paperwork after the deadline. Assistant City Administrator Crane was uncertain as to why there was a delay. MOTION/SECOND: Mueller/Hull. To Waive the Reading and Adopt Resolution 8410, to Consider an Off-Sale Intoxicating Liquor License for ABC Liquor Located at 2840 County Road 10 contingent upon a satisfactory criminal background investigation. Ayes – 5 Nays – 0 Motion carried. B. Resolution 8427, Appeal of a Variance Denial to Allow a Driveway Curb Cut to Exceed 24 Feet Wide at 8382 Knollwood Drive. Planning Associate Heller stated the property owner at 8382 Knollwood Drive has appealed a variance denial from the Planning Commission. She reported that the driveway at 8382 Knollwood Drive was currently 34 feet wide and the City currently limits driveway curb cuts to 24 feet. She indicated that the driveway was installed in the late 1970’s with a 34 foot width. She explained that as the City’s street improvement project has been completed all driveways were being brought into compliance with City Code. For this reason, the Planning Commission recommended denial of the variance request on a 4-2 vote. Council Member Mueller asked what the driveway looks like today. Planning Associate Heller discussed how the driveway looked noting the curb has been poured at the 34 foot width which will be amended based on the Council’s decision. Council Member Hull questioned how the driveway would look with a 24 foot curb cut. Planning Associate Heller reported this would depend on where the applicant chose to place the curb cut. She believed that the driveway would be saw cut and angled. Mounds View City Council June 8, 2015 Regular Meeting Page 3 Mayor Flaherty requested comment from the applicant. Bob Horbul, 8382 Knollwood Drive, reported he was not requesting a driveway cut any wider than was already existing. He stated he drove through southwest Mounds View and found seven driveways with curb cuts over 24 feet. He reiterated that he had a three-car garage, which allowed him to keep clutter off of his driveway. He provided further comment on the items he stores within his garages. Council Member Mueller asked for the applicant to describe the current condition of his driveway. Mr. Horbul reported that he was the only driveway in the neighborhood without an apron. He indicated that the curb was poured at 34 feet, but understood that this should not have been done. Mayor Flaherty questioned if Mr. Horbul was willing to pay for the additional linear feet of curb cut. Mr. Horbul agreed to cover this expense. Council Member Meehlhause inquired how the properties on Mr. Horbul’s list were allowed to have curb cuts over 24 feet. Planning Associate Heller stated she would have to check these addresses. Council Member Hull asked if it would be a hardship for Mr. Horbul to have to maneuver a trailer into his garage with a reduced driveway width. Planning Associate Heller reported this was a determination that would have to be made by the City Council. Mayor Flaherty appreciated and respected the work done by the Planning Commission. However, he supported the variance requested by Mr. Horbul. He did not believe Mr. Horbul was asking for too much given the fact the driveway was 34 feet in width. Council Mueller also supported the variance request. MOTION/SECOND: Flaherty/Mueller. To Waive the Reading and Adopt Resolution 8427, Approving the Variance to Allow a Driveway Curb Cut to Exceed 24 Feet Wide at 8382 Knollwood Drive. Council Member Meehlhause supported the work of the Planning Commission as well and stated he would not support overriding their decision. Council Member Mueller stated she would be listening to the residents with regard to this item. She stated the applicant has the support of his neighbors and the curb and gutter for the 34 foot wide driveway was already in place. She believed it made sense to allow Mr. Horbul to have a 34 foot wide curb cut. Ayes – 4 Nays – 1 (Meehlhause) Motion carried. Mounds View City Council June 8, 2015 Regular Meeting Page 4 C. Resolution 8415, a Resolution Approving an Exemption for CenturyLink to Install and Deploy Aerial Fiber Optic Facilities in Mounds View. City Administrator Ericson commented this item was tabled by the Council at their May 26 th meeting. He explained that CenturyLink was requesting to install and deploy aerial fiber optic lines on current Mounds View poles. He reviewed the exemption Resolution that was presented to the Council on May 26 th . He commented that after holding discussions with CenturyLink, they were requesting that the installation of fiber optic lines be allowed on poles in backyard areas. Staff recommended that the Council approve the exemption for CenturyLink. Mayor Flaherty did not want to see additional wires hung in the City of Mounds View, where wires did not currently exist. The Council supported this recommendation. Patrick Haggerty, CenturyLink, thanked the Mayor for providing this clarification. He stated that this change would allow for expanded service from CenturyLink to the residents of Mounds View. MOTION/SECOND: Flaherty/Mueller. To Waive the Reading and Adopt Resolution 8415, a Resolution Approving an Exemption for CenturyLink to Install and Deploy Aerial Fiber Optic Facilities in Mounds View, with the modification discussed. Council Member Mueller believed it was an important step for the City to allow these fiber optic lines to be deployed in the City. She supported the proposed compromise. Council Member Meehlhause appreciated Mr. Haggerty’s patience in working with staff and the City Council. Ayes – 5 Nays – 0 Motion carried. D. Resolution 8425, Adopting and Reporting Performance Measures. Finance Director Beer stated in 2014, the Council adopted a number of performance measures. He discussed the program that was enacted by the legislature in 2010 with regard to performance measures. Staff recommended that the Council adopt and report these performance measures to the State. MOTION/SECOND: Gunn/Meehlhause. To Waive the Reading and Adopt Resolution 8425, Adopting and Reporting Performance Measures. Ayes – 5 Nays – 0 Motion carried. E. Resolution 8429, Awarding a Construction Contract for Mustang Drive and Mustang Circle Pavement Rehabilitation and Drainage Improvements. Public Works Director Erickson requested the Council award a construction contract to Hard Mounds View City Council June 8, 2015 Regular Meeting Page 5 Drives, Inc. for Mustang Drive and Mustang Circle for pavement rehabilitation and drainage improvements. He noted Hard Drive, Inc. submitted the low bid of $433,916.56 for this project, which was $57,000 below the engineer’s estimate. Council Member Mueller asked if the City has worked with Hard Drives, Inc. in the past. Public Works Director Erickson reported he does not have any experience working with this company, however, Stantec recommended them as a qualified vendor. Mayor Flaherty questioned when the project would begin. Public Works Director Erickson anticipated that the project would begin early July. MOTION/SECOND: Mueller/Meehlhause. To Waive the Reading and Adopt Resolution 8429, Awarding a Construction Contract for Mustang Drive and Mustang Circle Pavement Rehabilitation and Drainage Improvements to Hard Drives, Inc. Ayes – 5 Nays – 0 Motion carried. F. First Reading and Introduction of Ordinance 903, an Ordinance Amending Chapter 701 to Add Provisions for the Keeping and Raising of Poultry and Fowl in Certain Residential Districts. City Administrator Ericson stated at the May 4 th worksession meeting the Council directed staff to draft an Ordinance that would allow for the keeping of poultry and fowl in certain residential districts. He discussed the proposed Ordinance in detail with the Council and noted no more than eight fowl or poultry would be allowed. He reported that a public hearing for the poultry Ordinance would be held on June 22 nd . Staff recommended the Council introduce Ordinance 903. Council Member Gunn recommended that poultry and fowl be changed to chickens and ducks and that no males (roosters or drakes) be allowed. She supported the City allowing eight birds total, whether they be chickens or ducks. Council Member Meehlhause agreed with Council Member Gunn’s suggestions. Council Member Mueller discussed the storage of chicken feed. She requested further comment on this item. City Administrator Ericson stated the intent of the language within the Ordinance was to ensure that the feed was stored in a closed container so as to not be accessible by rodents. Deb Nygaard explained that she stores her chicken feed in a metal garbage container and keeps critters out. Council Member Hull asked if four chickens would be enough birds for a good limit for the City. Ms. Nygaard recommended that the City allow up to eight birds total. She requested that the City not require leg bands considering the birds were required to be fenced. She stated that her birds stuck close to home. Mounds View City Council June 8, 2015 Regular Meeting Page 6 Mayor Flaherty asked if this was a requirement of other cities. City Administrator Ericson reported this was a requirement for other communities. Council Member Mueller supported the removal of the bird banding requirement. Council Member Gunn agreed with this recommendation. Mayor Flaherty was in favor of the City moving slowly on this matter and wanted to see residents only have six (6) poultry or fowl on their property. He did not believe the bird banding was necessary. Council Member Meehlhause agreed and supported residents having six (6) chickens. Council Member Gunn and Council Member Mueller supported residents having eight (8) chickens. Council Member Hull questioned if the City would allow current poultry owners to be grandfathered in. City Administrator Ericson stated this could be allowed by the Council, however staff recommended the City move away from grandfathering. Council Member Hull was in favor of residents having only six (6) chickens. Council Member Meehlhause recommended that the Council stick with a number and not waiver back and forth over the coming years. He amended his previous comment and noted that he could support residents having eight (8) chickens. Mayor Flaherty stated he could live with eight (8) birds with no bird banding requirements. MOTION/SECOND: Mueller/Gunn. To Waive the First Reading and Introduce Ordinance 903, an Ordinance Amending Chapter 701 to Add Provisions for the Keeping and Raising of Chickens and Ducks in Certain Residential Districts as amended. Council Member Mueller believed that the keeping of chickens will be a great thing for Mounds View neighborhoods. Council Member Meehlhause did not want chickens and fowl to become a divisive issue as has been the case in a neighboring community. He appreciated the Council coming together on this issue and supported the requirements written into the Ordinance. Ayes – 5 Nays – 0 Motion carried. 8. CONSENT AGENDA A. Resolution 8426, a Resolution Approving the Mounds View Business Licenses for the Period of July 1, 2015 to June 30, 2016. Mounds View City Council June 8, 2015 Regular Meeting Page 7 Council Member Gunn questioned if the City really had 14 garbage haulers coming through the City. Assistant City Administrator Crane reported that the City had four residential haulers and the rest were commercial. MOTION/SECOND: Gunn/Meehlhause. 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 None. 11. REPORTS A. Reports of Mayor and Council. Council Member Mueller reported she was selected to serve on the League of Minnesota Cities Nominations Committee for the Board. She would be sitting in on the interview for the 18 candidates for the Board. Council Member Mueller indicated the new director for the League of Minnesota Cities was David Unmacht, who was a former Vice President with Springsted. Council Member Meehlhause congratulated Council Member Mueller on her appointment. Council Member Meehlhause explained Northeast Youth and Family Services held a golf tournament on June 8 th . He was pleased with the success of the event, noting 80 golfers attended the event. Mayor Flaherty stated he recently received an email from a resident regarding the Police Department. He read the letter in full and commended the Police Department for the great service they provide to the residents of Mounds View. B. Reports of Staff. 1. Update on Brewpuds and Taprooms (verbal report) Mounds View City Council June 8, 2015 Regular Meeting Page 8 Assistant City Administrator Crane reported staff was working to amend City Code to allow brewpubs, taprooms and microbreweries. She stated while reviewing the City Code, staff found that there were several areas in the City that were not allowed to have a liquor license. She commented that microbreweries would not be allowed within 500 feet of any church or school. She stated this would limit the locations of brewpubs, taprooms and microbreweries. She requested feedback from the Council on how to proceed with this matter and asked if the Council was in favor of allowing the sale of growlers. Council Member Mueller questioned why the City had a 500 foot separation requirement for liquor establishments from schools and churches. City Administrator Ericson reported this requirement dated back many years and the intent was to provide a separation of the uses. Council Member Gunn was in favor of reducing the 500 feet requirement or making it from door to door, rather than property line to property line. The Council was in agreement changing this language to read 500 feet from door to door. There was Council consensus to allow for the sale of growlers on Sundays. Assistant City Administrator Crane thanked the Council for their input. She reported she would continue to work on amending City Code. City Administrator Ericson reported the Council had a Special City Council meeting at Fire Station No. 3 on Tuesday, June 9 th . City Administrator Ericson indicated the League of Minnesota Cities Conference would be held in Duluth, Minnesota, June 24-26, 2015. City Administrator Ericson explained that the redevelopment tour would be held on Monday, June 29 th at 4:45 p.m. He encouraged all Councilmembers to attend this event. Public Works Director Erickson noted seal coating of Areas A, B and C would begin on June 9 th . Mayor Flaherty welcomed Public Works Director Erickson to the City of Mounds View. C. Reports of City Attorney. There was nothing additional to report. 12. Next Council Work Session: Monday, July 6, 2015, at 7:00 p.m. Next Council Meeting: Monday, June 22, 2015, at 7:00 p.m. Mounds View City Council June 8, 2015 Regular Meeting Page 9 13. ADJOURNMENT The meeting was adjourned at 8:48 p.m. Transcribed by: Heidi Guenther TimeSaver Off Site Secretarial, Inc.