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HomeMy WebLinkAboutMinutes - 1993/01/25~ CITY OF MOUNDS VIEW CITY COUNCIL. JANUARY 25, 1993 7:00 P.M. AGENDA The City Council is provided background information for agenda items in advance by staff and appointed commissions, committees and boards. Decisions are based on this information, as well as City policy and practices, input from constituents and a Councilmember's personal judgement. If you have comments, questions or information regarding an item on the agenda, please step forward to be recognized by the Mayor during the "Residents Requests and Comments From the Floor" item on the agenda. Please state your name and address for the record. A11 comments are appreciated. A copy of a1I printed materials relatsng to the agenda item is available for public inspection at the Recording Secretary's Table. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL - Linke Wuori Blanchard Rickaby Quick 4. APPROVAL OF MINUTES: January 11, 1993 Regular Meeting COUNCIL ACTION: A T D Comments• 5. SPECIAL ORDER OF BUSINESS There is no special order of business scheduled for this • meeting. AGENDA PAGE TWO JANUARY 25, 1993 6. RESIDENTS REQUESTS AND COMMENTS FROM THE FLOOR Citizens' comments are encouraged to allow individual citizens to address the Council, as a whole, on a matter of interest or concern to the citizens. The preservation of the Citizens' Comments item on the agenda is important in order to encourage and maintain this information flow. To preserve and protect this valuable communications Zink, a speaker is limited to three (3) minutes. ------------------------------------------------------------- CITIZENS: BEFORE SPEAKING 'PLEASE GIVE YOUR FULL NAME AND ADDRESS FOR THE MINUTES 7. PUBLIC HEARINGS• 7:05 p.m. Birchwood Realty, Request for Conditional Use Permit, Planning Case No. 357-92, Staff Report No. 93-459C, (Staff Presentor: Paul Harrington, City Planner) a. Consideration of Resolution No. 4340 Approving a Conditional Use Permit for Birchwood Realty 7:10 p.m. Simon T. Simon, Request for Variance, • Planning Case No. 358-92, Staff Report No. 93-460C, (Staff Presentor: Paul Harrington, City Planner) 8. CONSENT AGENDA: A. Approve Contract for a Single Audit with Tautges, Redpath and Company, Ltd., at a Cost Not to Exceed $1,900 and Authorize a Transfer of $1,900 from Contingency to Account 100-4150-303, Staff Report No. 93-461C B. Adopt Resolution No. 4339 Approving Just and Correct Claims Against City Funds C. Licenses for Approval There are no licenses for Council approval this week. COUNCIL ACTION: A T D Comments: • AGENDA PAGE THREE JANUARY 25, 1993 9. COUNCIL BUSINESS: A. Consideration of Review and Award of Jet Rodder Bids, Staff Report No. 93-462C, (Staff Presentor: Mike Ulrich, Public Works Foreman)' COUNCIL ACTION: A T D Comments: B. Adoption of Ordinance No. 522 Regarding Restricting the. Deposit of Snow in Street Right-Of-Way (Staff Presentor: Ric Minetor, Director of Public Works Director/City Engineer) Roll Call Vote: • Mayor Linke Councilmember Wuori Councilmember Blanchard Councilmember Quick Councilmember Rickaby COUNCIL ACTION: A T D Comments• C. Introduction of Ordinance No. 523 Establishing An Environmental Quality Commission, Staff Report No. 93-463C, (Staff Presentor: Carla Asleson, Code Enforcement Officer/Recycling Coordinator) COUNCIL ACTION: A T D Comments• D. Consideration of Charitable Gambling Event to be Conducted by the St. Paul Clown Club at the Bel-Rae Ballroom, 3594 Edgewood Drive, Mounds View, MN, Staff Report No. 93-464C, (Staff Presentor: Samantha Orduno, City Administrator) • AGENDA PAGE FOUR JANUARY 25, 1993 COUNCIL ACTION: A T D Comments• E. ,' Consideration of Resolution No. 4338 Requesting. Purchase and Resale of Certain Tax-Forfeited Lands, Staff Report No. 93-465C, (Staff Presentor: Paul Harrington, City Planner) COUNCIL ACTION: A T D Comments• F. Consideration of Resolution No. 4335 Regarding a New and Used Car Auto Sales License for Auto Central, Inc., 2975 Highway 10, Staff Report No. 93-466C, (Staff Presentor: Samantha Orduno, City Administrator/Paul Harrington, City Planner) COUNCIL ACTION: A T D • Comments• G. Consideration of Second Payment on Revenue Note Issued to Sysco, Staff Report No. 93-4670, (Staff Precentor: Don Brager, Finance Director) COUNCIL ACTION: A T D Comments• 10. REPORTS• 1. Report of Councilmembers: Wuori, Rickaby, Blanchard, Quick 2. Report of Mayor Linke 3. Report of Administrator 4 . Report of Staf f • • AGENDA PAGE FIVE JANUARY .2 5 , 19 9 3 5. Report of Attorney 11. ADJOURNMENT• NEST COIINCIL WORK SE33ION: FEBRIIARY 1, 1993 NE%T COIINCI7~ MEETING: FEBRIIARY 8, 1993. • PROCEEDINGS OF THE CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting January 25, 1993 Mounds View City Hall 2401 Hwy. 10, Mounds View, MN 55112 CALL TO ORDER • The Mounds View Cit Council was called to order b Ma or Linke at 7:00 .m. Y Y Y P on Monday, January 25, 1993. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was said. ROLL CALL MEMBERS PRESENT: Councilmembers Rickaby, Quick, Wuori, Blanchard and Mayor Linke. ALSO PRESENT: Samantha Orduno, City Administrator; Ric Minetor, Director of Public Works/City Engineer; Paul Harrington, City Planner; Carla Asleson, Code Enforcement Officer/Recycling Coordinator; Mike Ulrich, Public Works Supervisor APPROVAL OF MINUTES: MOTION/SECOND: Rickaby/Wuori to Approve Minutes from the January 11, 1993 Regular Council Meeting as presented. VOTE: 5 ayes 0 nays Motion Carried • Mounds View City Council . Regular Meeting Page Two January 25, 1993 SPECIAL ORDER OF BUSINESS: There was no special order of business scheduled for this meeting. RESIDENTS REOUESTS AND COMMENTS FROM THE FLOOR: Charlynn Robertson, 8265 Fairchild Avenue, reminded the public that on Thursday, January 28, 1993, a Senior Center Public Informational Meeting will be held at 7:00 p.m. in the City Hall Council Chambers. All residents interested in the senior center are asked to attend. Ms. Robertson said that she had enjoyed working with other task force members, Bill Woods, Lulu Curry, Jerry Skelly, Sr. CONSENT AGENDA• Samantha Orduno, City Administrator, read the Consent Agenda Mayor Linke asked if there were any items the Council desired removed from the Consent Agenda. The Council removed no items. MOTION/SECOND: Quick/Blanchard to adopt the Consent Agenda as presented.. • VOTE: 5 ayes 0 nays Motion Carried PUBLIC HEARINGS• A. Mayor Linke opened the public hearing at 7:05 p.m. to consider a Conditional Use Permit for Birchwood Realty, Planning Case No. 357-92. Paul Harrington, City Planner, reviewed Staff Report No. 93-459C Approving a Conditional Use Permit for Birchwood Realty. Harrington stated that Kent Allen, representing Birchwood Realty, has made application to allow for the operation of a real estate sales closing office at 7295 Silver Lake Road. Harrington further stated that the request was reviewed by the Mounds View Planning Commission. Staff has reviewed the request and found the request in conformance with all applicable sections of the Mounds View Municipal Code. The Planning Commission recommended approval of the proposal by resolution to the City Council. Mr. Allen was present at the meeting to answer any questions. Mayor Linke closed the public hearing at 7:08 p.m. MOTION/SECOND: Rickaby/Wuori to Approve a Conditional Use Permit for the Location of a Real Estate Sales and Closing Office at 7295 Silver Lake Road • VOTE: 5 ayes 0 nays Motion Carried Mounds View City Council • Regular Meeting COUNCIL BUSINESS Page Three January 25, 1993 A. Mike Ulrich, Public Works Supervisor, handed out a Staff Report regarding the Award of Jet-Rodder Bids. Ulrich stated that bids were taken on Monday, January 25, 1993 at 11:00 a.m. There were two bidders. Ulrich stated that, of the two bids, one bid did not meet specifications. ABM bid a total of $192,138 including an optional in-cab remote operating pendant. Sales tax on the vehicle is $12,497 and a trade- in value for the current unit was quoted at $32,000. Ulrich explained that the budgeted amount of $199,989 will not cover the total cost of the unit with necessary lights and radio (to be installed later). Considering the trade-in value, the additional amount necessary is $10,'729. Ulrich further explained that this unit is also used to clean storm sewers, therefore, staff recommends that the additional funds necessary be appropriated from the Storm Water Management Fund. Councilmember Rickaby asked about the fund balance of the Storm Water Management Fund. Ric Minetor responded that the fund held in excess of $350,000 at this time. Mayor Linke clarified that if the trade-in value received was more than $32,000, any amount over that would be reimbursed to the Storm Water Management Fund. Mayor Linke clarified that the amount of the expenditure, for the jet rodder is $192,138 plus tax for a total of $207,627. The additional amount needed is approximately $11,000 to be taken from the Storm Water Management Fund. Councilmember Blanchard stated that the bid is straight forward, but this information was received at the last minute and the equipment costs a lot of money, therefore, Councilmember Blanchard moved to table this item for further discussion at the February 1 Work Session and action at the February 8 Council Meeting. MOTION/SECOND: Blanchard/Rickaby to Table the Bid Award for the Jet Rodder for discussion at the February 1, 1993 Council Work Session. VOTE: 5 ayes 0 nays Motion Carried PUBLIC HEARINGS: (CONTINUED) b. Mayor Linke opened the public hearing at 7:26 for Simon T. Simon to consider a request for variance. Paul Harrington, City Planner, explained that Mr. Simon had contacted staff and requested that the Public Hearing on his request for variance be tabled to the February 8, 1993 Council Meeting. Harrington further Mounds View City Council . Regular Meeting Page Four January 25, 1993 explained that Mr. Simon was in the process of gathering information as part of his request and this information was not available in time for tonight's meeting. Mayor Linke closed the public hearing at 7:28 p.m. MOTION/SECOND: T. Simon, 2840 Meeting VOTE• Linke/Blanchard to Table the Public Hearing for Simon Highway 10, to the February 8, 1993 City Council 5 ayes 0 nays Motion Carried COUNCIL BUSINESS (CONTINUED) B. Ric Minetor, Director of Public Works/City Engineer, reviewed the revisions made to Ordinance No. 522 Restricting the Deposit of Snow on Street Right-Of-Ways. Comments were received regarding this ordinance from Councilmember Rickaby and were incorporated into the revised ordinance. • Councilmember Rickaby stated that all of the wording that was revised in the ordinance was not her suggestion. Rickaby stated that the way she reads this ordinance is that a property owner could not deposit snow in the right-of-way and she considers the right-of-way the boulevard area. Rickaby stated that this means a property owner could not deposit snow next to the driveway on the boulevard. Rickaby stated that this could cause a hardship for many people. The ordinance states, "...to cause any snow to be deposited in the street, on sidewalks, in any boulevard between the street and the sidewalk, or on private property...". Rickaby stated that if this is true, property owners would have to carry the snow quite a distance from where it is being removed. Rickaby further stated that even with a snowblower it is hard to throw it in the right direction. Rickaby stated that she understands the safety concerns when snow would be piled high at the end of driveways and would cause a visibility problem, however, Rickaby stated that she is also concerned about property owners, especially the elderly, having to lift and carry snow in the cold weather. Rickaby stated that she is opposed to asking citizens to undertake unsafe acts. Ric Minetor explained that this ordinance is concerned mostly with parking lots of multi-family dwellings and commercial businesses. There has been cases where the snow from these properties has been removed and plowed across the street onto private property. Residents have called and complained about this same problem. County Road I is a good example. Public Works has to load out snow because there is not adequate snow storage space on the boulevard area. Mounds View City Council • Regular Meeting Page Five January 25, 1993 Mayor Linke stated that he concurred with Councilmember Rickaby's concern regarding the hardship that property owners would incur and that perhaps the ordinance should read, "with the exception of directly adjacent to owners' driveway." Councilmember Wuori asked if a difference in policy could legally be adopted to differentiate between commercial property and residential property. Bill Frits, 8072 Long Lake Road, asked what is going to be done with the snow on Long Lake Road. Mr. Frits stated that a homeowner further down Long Lake Road has timber that comes down to the lot and easement line and is approximately 4 to 4 1/2 feet high. The Council promised the snow would be removed from the sidewalk and Mr. Frits hopes that this happens. The 4 to 4 1/2 foot high wall is too high to throw snow over so the snow would have to be hauled away. Mayor Linke stated that he doesn't know the distance between the wall and the sidewalk and that this isn't the issue at hand. Samantha Orduno, City Administrator, asked how many feet was available adjacent to the average driveway. How many feet adjacent to a driveway would a property owner need to store snow? Orduno asked if the • ordinance could read, "...in the street, sidewalk or in the first 10 feet adjacent to a driveway or ingress or egress. Minetor replied 10 feet. Minetor stated that if the City allows snow storage on the boulevards it is taking snow storage space away from itself and it would cost the City more money to load snow out of those areas. Councilmember Quick stated that the snow from the sidewalk can be piled so high and then it falls back onto the sidewalk and, therefore, has to be moved back into yard. Councilmember Quick stated that, in his opinion, the ordinance is written correctly. Councilmember Rickaby stated that the Council is discussing a very sensitive issue because people objected to the sidewalks in the beginning and now the City is adding another hardship by having the property owners haul the snow. Alice Frits, 8072 Long Lake Road, stated her solution would be to eliminate the sidewalks. Duane McCarty, 8060 Long Lake Road, asked how many city streets fit the description in this ordinance? The way the ordinance reads, whether there is a sidewalk or not, there is to be no snow on the boulevards. Mayor Linke stated that the purpose of the ordinance is to keep people from depositing snow on other property without permission of the property owner. Mounds View City Council • Regular Meeting Page Six January 25, 1993 McCarty stated that this ordinance is stating that snow accumulated from a public street is taken from a public right-of-way onto private property. McCarty stated that the ordinance is not clear. Minetor clarified that this ordinance is primarily concerned with the deposit of snow from other. properties onto private property without permission from the property owner. Bill Frits, 8072 Long Lake Road, stated that the snow deposited on the boulevard from the snowplow is the City~s problem. Many times the plows hits the driveway and puts snow on the property right up to the edge of the easement. Frits stated that there is approximately 6". between the edge of the sidewalk and the edge of the easement. This snow is approximately 14 feet away from my property and that is how far it would have to be hauled. If a .shovel crew comes out to clean the sidewalk, where are they going to put the snow? This was not addressed in this ordinance. MOTION/SECOND: Linke/Wuori to Table the Adoption of Ordinance No. 522 Amending Chapter 80 of the Mounds View Municipal Code Regarding the Use of Highways, Streets and Roads and Refer it to the February 1 Council Work Session • VOTE• 5 ayes 0 nays Motion Carried C. Carla Asleson, Code Enforcement Officer/Recycling Coordinator reviewed the Introduction of Ordinance No. 523 Establishing Chapter 33 of the Mounds View Municipal Code Entitled, "Environmental Quality Commission". Asleson stated that the wording of the ordinance was reviewed and approved by the existing Environmental Quality Task Force at their January 19, 1993 meeting. Staff asked that the Council set a public hearing for February 8, 1993 and take action on adoption at the February 8, 1993 Council Meeting. Mayor Linke distributed to the Council and staff a draft copy of an ordinance that would revise the ordinance proposed by Ms. Asleson. Mayor Linke stated that he had compared the proposed ordinance to those ordinances which established the Park and Recreation Commission and the Planning Commission and there were some differences. Mayor Linke stated that he incorporated those differences into the proposed ordinance and came up with the draft that he distributed. Mayor Linke suggested that the proposed ordinance be discussed at the next Council Work Session. Mayor Linke stated that a public hearing could still be held on February 8, 1993. Motion/Second: Linke/Quick to set a public hearing on February 8, 1993 with the time to be determined for the introduction of the ordinance regarding the Environmental Quality Commission Mounds View City Council • Regular Meeting Page Seven January 25, 1993 Samantha Orduno, City Administrator stated that it is not necessary to hold a public hearing on the establishment of the Environmental Quality Commission. Orduno further stated that ordinances do not generally need a public hearing and if this one did, there would not be enough notice for publication to set the hearing for the 8th. Mayor Linke made a motion to withdraw the above motion regarding the Environmental Quality Commission with permission from the seconder of the motion. Motion withdrawn. Councilmember Rickaby stated that all of the commissions have unclear wording under Removal. The statement that is unclear is that an appointed member may also be removed by the City Council for nonattendance at Commission meetings if a Commissioner is absent from five regularly scheduled meetings per year or from three consecutive meetings without the consent of the Commission. According to this statement it does not clarify or matter whether these are excused absences or not. Mayor Linke stated that no one has ever been removed from any Commission. Councilmember Wuori stated that there is an explanation in the by • laws or each commission which covers excused and unexcused absences. If a person calls in sick or has another business meeting and cannot be in attendance at the Commission meeting, that person must call in and let the Commissioners know so the meeting would not be delayed. Those are excused absences. Councilmember Blanchard stated that most persons serving on the Commission have dedicated this time to the City. If they find they can't do it, they usually would resign on their own. Blanchard concurred with Mayor Linke in that she remembers no time where a Commissioner has been removed for non-attendance of meetings. Councilmember Rickaby stated that she is not quibbling about the policy but about the clarity of the sentence itself. Samantha Orduno, City Administrator, stated that the Council could approve introduction of Ordinance No. 523 Establishing Chapter 33, Entitled, "Environmental Quality Commission" because changes that would be made are not substantial. Motion/Second: Linke/Wuori to approve introduction of Ordinance No. 523 Establishing Chapter 33, Entitled, "Environmental Quality Commission" and further discuss the composition of the ordinance before its adoption on February 8, 1993 Councilmember Wuori suggested that the Commissioners receive • copies of the proposed ordinance prepared by Mayor Linke prior to the Work Session. Mounds View City Council Regular Meeting Page Eight January 25, 1993 D. Samantha Orduno, City Administrator, reviewed Staff Report No. 93-464C regarding Charitable Gambling Event to be Conducted by the St. Paul Clown Club at the Bel-Rae Ballroom, 5394 Edgewood Drive. The only action necessary by the Council would be a motion to accept the application. Motion/Second: Quick/Rickaby to approve Charitable Gambling Event to be held at the Bel-Rae Ballroom by the St. Paul Clown Club on April 23, 1993. Orduno stated that the Council has approved these one day events in the past. Councilmember Blanchard asked what type of gambling would be conducted. Orduno explained that it would be pull tabs and three raffles, one for $100 and two for $75 each. Councilmember Blanchard asked if the City could request the results of this Charitable Gambling Event as it is her understanding that the Clown Club would have to send a gambling statement to the State. Councilmember Wuori stated that the event would be disallowed because • of the pull tabs. Mayor Linke explained that one day events can be approved for pull tabs. The licenses for pull tabs are generally for one or two years and those events would be disallowed per the City's ordinance. Orduno stated that the City would do that. VOTE: 5 ayes 0 nays Motion Carried E. Paul Harrington, City Planner, reviewed Staff Report No. 93-465C regarding Resolution No. 4338 Requesting Purchase and Resale of Certain Tax Forfeited Lands. The City Attorney has drafted an agreement between the City and those residents to insure that the City receives repayment for the acquired property. MOTION/SECOND: Quick/Rickaby to adopt Resolution No. 4338 Requesting Purchase and Resale of Certain Tax Forfeited Lands VOTE: 5 ayes 0 nays Motion Carried F. Paul Harrington, City Planner, reviewed Staff Report No. 93-466C regarding Resolution No. 4335 Regarding a New and Used Auto Sales License for Auto Central, Inc., 2975 Highway 10. Harrington reported that Mr. Weldon, owner of Auto Central, Inc., visited with staff last week on the site to discuss options and solutions to his . auto sales business. Mr. Weldon provided a site plan that was not to scale regarding his business and was asked to resubmit a plan that Mounds View City Council Regular Meeting Page Nine January 25, 1993 was to scale. Mr. Weldon brought in a plan in the late afternoon today and Harrington stated that he had not had a chance to review this site plan with the City Engineer, Administrator, Police Chief or Fire Chief. Harrington distributed a revised Resolution No. 4335 indicating that a minimum of eight customer parking spaces shall be provided and a maximum of 38 autos for sale may be located on the Iot at any one time in a pattern shown on a site plan to be submitted by the applicant and approved by City Staff no later than February 5, 1993. Harrington also stated that the resolution states that the operator has 14 days from the adoption of Resolution No. 4335 to meet the conditions therein or submit an alternative site plan indicating the proposed configuration of automobiles for sale on the property. Any alternative plan submitted by the Operator shall be subject to review and approval by City Staff and Council. Councilmember Blanchard asked what the hours of operation of the business are going to be as they are different on both resolutions. Harrington clarified that the hours of operation would be Monday through Friday from 9:00 a.m. to 9:00 p.m. and 9:00 a.m. to 6:00 p.m. . on Saturdays. MOTION/SECOND: Rickaby/Blanchard to adopt Resolution No. 4335 Granting a New and Used Car Sales License to Jeffrey Weldon, Auto Central, Inc., 2975 Highway 10 VOTE: 5 ayes 0 nays Motion Carried G. Samantha Orduno, City Administrator, reviewed Staff Report No. 93-467C regarding second payment of $102,393.18 to Sysco/Continental Food Services of Minnesota, Inc. per terms of the Taxable Tax Increment Revenue Note of 1991. Orduno stated that this is a housekeeping item and under the terms of the Revenue Note Sysco is entitled to this payment no later than February 1, 1993. MOTION/SECOND: Quick/Blanchard to approve payment of $102,393.18 to Sysco/Continental Food Services of Minnesota, Inc. per terms of the Taxable Tax Increment Revenue Note of 1991 VOTE: 5 ayes 0 nays Motion Carried REPORTS• Report of Councilmembers: • a. Councilmember Wuori had no report. b. Councilmember Rickaby had no report. Mounds View City Council .Regular Meeting Page Ten January 25, 1993 c. Councilmember Blanchard wanted to clarify Item 9.D. in that the City as part of the approval of this Gambling Event would check on outcome of the event. d. Councilmember Quick had no report. Report of Mayor Linke: a. Mayor Linke reported that on Wednesday, January 27 at 7:00 p.m. Ramsey County League of Local Government was holding a meeting with the Legislators at Keller Golf Course. Mayor Linke encouraged all Councilmembers to attend. Report of Administrator: a. Samantha Orduno reminded everyone of the Proposed .Senior Center Informational Meeting to be held at 7:00 p.m. on Thursday, January 28 in the Council Chambers and encouraged all to attend. Orduno stated that the architect would be in attendance and that the representatives of the Task Force will be conducting the meeting. b. Samantha Orduno reported receiving a phone call from the State Auditor's office on Friday, January 22 and was informed that Mounds View had been named as one of the cities in the State that the Auditor has found to provide cost effective services. Orduno will be meeting with a representative of the State Auditor's office to discuss how the City does what it does to provide these services. c. Orduno reminded the residents of the upcoming City Appreciation Night to be held on February 27th. Orduno stated for further information call either Sharie Linke at City Hall or Jan Quick, who have taken on the planning of this evening on a volunteer basis. Report of Attorney: The City Attorney was not present at this meeting. There being no further business before the Council, Mayor Linke adjourned the meeting at 8:24 p.m. Respectfully submitted, a?.C.~ . is ele Severson Recording Secretary