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HomeMy WebLinkAboutMinutes - 1996/09/23~((~p~° Page 1 • September 23, 1996 Mounds View City Council PROCEEDINGS OF THE CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting September 23, 1996 Mounds View City Hall 2401 Hwy. 10, Mounds View, MN SS 112 CALL TO ORDER The Mounds View City Council was called to order by Mayor Linke at 7:00 p.m. on September 23, 1996. • PLEDGE OF ALLEGIANCE ROLL CALL MEMBERS PRESENT: Mayor Linke, Council members Trude, Blanchard, Quick and Hankner ALSO PRESENT: Chuck Whiting, City Administrator Pamela Sheldon, Community Development Director Cathy Bennett, Economic Development Coordinator Bob Long, City Attorney ADDITIONS TO THE AGENDA: Mr. Whiting, Clerk Administrator, asked that one item be added to the Agenda, Council Business, 11(N) Consideration of Resolution No. 5021, Commending the Mounds View Election Judges and Intern Deputy Clerk, Dawn Weitzel, for their conduct at the September 10, 1996 Primary Election. APPROVAL OF MINUTES: a. September 9, 1996 Regular City Council Meeting. MOTION/SECOND: TrudeBlanchard to approve the minutes of the September 9, 1996 Regular City Council Meeting as presented. VOTE: S ayes 0 nays Motion Carried Page 2 September 23, 1996 Mounds View City Council ACCEPTANCE OF ADVISORY COMMISSION MINUTES: There were no Advisory Commission Minutes for consideration at this meeting. CONSENT AGENDA: Mr. Whiting, City Administrator read the Consent Agenda as follows: A. Approval of Resolution No. 5015, Approving Just and Correct Claims Against City Funds. B. Set Public Hearing for 7:05 p.m., Monday, October 28, 1996 to consider a Conditional Use Permit and Development Review for the New Apostolic Church at 3025 County Road H. C. Set Public Hearing for 7:05 p.m., Monday, October 14, 1996 to Consider an Ordinance Relating to Licensing, Amending Title 500, Chapter 502 and 503, Sections 502.03, 502.06, 502.07, 503.03, 503.06 and 503.07 by Adding New Subdivisions to the Mounds View Municipal Code. D. Approval of Resolution No. 5013, Wage Adjustment for Dawn Weitzel, Administrative Inter/Interim Deputy Clerk. E. Licenses for A royal: PP General (Commercial) -New Bridges Leasing Co. Fed Tech, Inc. Masonry M. J. Arndt Construction Co. HVAC Associated HVAC, Inc. -Renewal Sun Mechanical -Renewal Clarion Contracting -New Fireplace Showroom -New Thirty-Twenty Manufactured Home Sales -New Sewer/Water Glenn Rehbein Excavating, Inc. -Renewal J. B. Diggers, Inc. -New Asphalt Bituminous Roadways, Inc. -Renewal Webster Company, Inc. -Renewal Blacktop Paving of MN, Inc. -New • Page 3 September 23, 1996 Mounds View City Council Mayor Linke asked that Item (B) be removed from the Consent Agenda until the Council establishes the date for the second Council meeting in October. MOTION/SECOND: Hankner/Blanchard to approve the Consent Agenda as AMENDED. VOTE: 5 ayes 0 nays Motion Carried Mayor Linke asked that Item (L) under Council Business be brought forward for consideration so that the Council can act on Item (B) for the Consent Agenda. COUNCIL BUSINESS L. Consideration to Reschedule October 7, 1996 Work Session to September 30, 1996. Along with this, Mayor Linke noted that staff is asking the Council to consider moving the Regular Council meeting of October 28, 1996 to Tuesday, October 29, 1996. MOTION/SECOND: Hankner/Quick to reschedule the October 7, 1996 Work Session to September 30, 1996 and the Regular Council Meeting from October 28, 1996 to October 29, 1996. VOTE: 5 ayes 0 nays Motion Carried CONSENT AGENDA: continued MOTION/SECOND: Linke/Hankner to set the Public Hearing for 7:05 p.m., Tuesday, October 29, 1996 to Consider a Conditional Use Permit and Development Review for the New Apostolic Church at 3025 County Road H. VOTE: 5 ayes 0 nays Motion Carried RESIDENTS REQUESTS AND COMMENTS FROM THE FLOOR. Mayor Linke explained that this portion of the meeting was designated for anyone who wished to speak to the Council on items that were not on the Agenda. There were no questions or comments from the floor. PUBLIC HEARINGS: Public Hearing Considering Adoption of Ordinance No. 583, An Ordinance Relating to Therapeutic Massage License Regulation: Amending Title 500 of the Mounds View Municipal Code by Adding a New Chapter 514. Mayor Linke opened the Public Hearing at 7:12 p.m. . Mr. Whiting noted that this item was reviewed by the Council at the last meeting. There have been no calls or complaints to date in regard to the adoption of this ordinance. Page 4 September 23, 1996 Mounds View City Council Mayor Linke closed the Public Hearing at 7:13 p.m. COUNCIL BUSINESS: A. Consideration of Ordinance No. 583, An Ordinance Relating to Therapeutic Massage License Regulation: Amending Title 500 of the Mounds View Municipal Code by Adding a New Chapter 514. MOTION/SECOND: Trude/Hankner to Approve the Adoption of Ordinance No. 583, An Ordinance Relating to Therapeutic Massage License Regulation: Amending Title 500 of the Mounds View Municipal Code by Adding a New Chapter 514, and to Waive the Reading. ROLL CALL VOTE: Mayor Linke yes Council member Trude yes Council member BIanchard yes Council member Hankner yes Council member Quick yes Motion Carried 5-0 B. Introduction of Ordinance Relating to Licensing, Amending Title 500, Chapter S02 and 503, Sections 502.03, 502.06, 502.07, 503.03, 503.06, 503.07 by Adding New Subdivisions to the Mounds View Municipal Code. Ms. Cathy Bennett, Economic Development Coordinator, explained that to dispense alcohol for special events by non-profit groups and for private parties at the Bel-Rae, Ordinance No. 96-591 creates a licensing procedure to regulate the use of alcohol on City property. This ordinance would require that a temporary liquor license be issued to current liquor license holders in the city or adjacent cities for each event that would be held on city property. The city would set a fee for the temporary license per resolution which will be brought forward at the next regular Council meeting. Ms. Bennett noted that in order to be eligible for a temporary license, the licensee must currently hold an intoxicating and/or non-intoxicating liquor license with the City of Mounds View or an adjacent city. Additionally, the temporary license holder must hold an insurance policy for $1 million dollars and name the City of Mounds View as an additional insured on that policy. Ms. Bennett noted that this was the formal introduction of Ordinance No. 96-591, and the fmal reading and Public Hearing is scheduled for October 14, 1996. Ms. Hankner asked if this would cover all city owned property. Mr. Long, City Attorney, explained that this ordinance would basically give the City the legal ability or mechanism to grant a temporary liquor license for an event on city owned property if this was their desire. However, each event would require separate Council action. Page 5 September 23, 1996 Mounds View City Council MOTION/SECOND: TrudeBlanchard to Approve the Introduction of Ordinance No. 96-591, Relating to Licensing, Amending Title 500, Chapter 502 and 503, Sections 502.03, 502.06, 502.07, 503.03, 503.06 and 503.07 by Adding New Subdivisions to the Mounds View Municipal Code. VOTE: 5 ayes 0 nays Motion Carried C. Consideration of Resolution No. 5011, Authorizing Acquisition of Real Property. Ms. Bennett explained that currently the Mounds View Economic Development Authority owns the Bel Rae building. The EDA is a separate corporate body, legally and politically, from the City of Mounds View. City Attorney, Bob Long, has recommended that the City legally acquire the properly to enable full authority when managing and administering recreation programs and special and private events. By having the same entity own and operate the facility, double liability exposure is not an issue. Mr. Long has prepared a Quit Claim Deed which would transfer ownership to the City of Mounds View, per approval of the resolution. MOTION/SECOND: TrudeBlanchard to Approve Resolution No. 5011, Authorizing Acquisition of Real Property. VOTE: 5 ayes 0 nays Motion Carried . D. Consideration of Resolution No. 5004, Ap roving a Minor Subdivision to Create Two Lots for P Erik Anderson at 8021 Eastwood Road. Ms. Pam Sheldon, Community Development Director, explained that Mr. Anderson is requesting a minor subdivision to create two lots from property located at 8021 Eastwood Road. She noted that property in an R-1 district must be a minimum of 75 feet wide and 11,000 square feet; both properties as proposed would meet these requirements. The applicant has paid the $100.00 Park Dedication Fee and the Planning Commission has recommended approval of the subdivision. MOTION/SECOND: Quick/Hankner to Approve Resolution No. 5004, Approving a Minor Subdivision to Create Two Lots for Erik Anderson at 8021 Eastwood Road. VOTE: 5 ayes 0 nays Motion Carried E. Consideration of Resolution No. 5009 Initiating Eminent Domain Proceedings and the Use of Quick Take Process Under Chapter 117 of the Minnesota State Statutes for an Easement on a Portion of the Property Located at 2535-2585 Highway 10 and Identified by PIN #07-30-23-11-0079 for Construction of a Pedestrian Bridge Over Highway 10. Ms. Sheldon noted that obtaining easements from adjacent property owners is one of the steps necessary to allow for the construction of the pedestrian bridge over Highway 10. One of the easements is for the bridge abutment on the North side of the highway on the Mounds View Square shopping center property. Staff has been working with the owners to obtain this easement. The owners, in exchange, have asked for a sign variance and the addition of square footage to the shopping center. • Page 6 • September 23, 1996 Mounds View City Council Mr. Long, City Attorney has informed staff that the owners would need to go through the normal process of a variance approval. To assure that the easement will be obtained within the necessary time frame, the City Council will need to initiate eminent domain proceedings for acquiring the easement through a 90-day "quick take" process. MOTION/SECOND: TrudeBlanchard to Approve Resolution No. 5009, Initiating Eminent Domain Proceedings and the Use of Quick Take Process Under Chapter 117 of the Minnesota State Statutes for an Easement on a Portion of the Property Located at 2535-2585 Highway 10 and Identified by PIN #07-30- 23-11-0079 for Construction of a Pedestrian Bridge Over Highway 10. VOTE: 3 ayes 2 nays (Hankner/Quick) Motion Carried F. Consideration of Resolution 5010 Electing to Continue Participation in the Local Housing Incentives Account Program Under the Metropolitan Livable Communities Act. Ms. Sheldon explained that this Resolution will renew Mounds View's commitment to participate in the program and will enable the city to ask for grant funding under a number of different programs. MOTION/SECOND: Trude/Hankner to Approve Resolution No. 5010, Electing to Continue Participation in the Local Housing Incentives Account Program Under the Metropolitan Livable Communities Act. • VOTE: 5 ayes 0 nays Motion Carried G. Consideration of Purchase of Two Tax Forfeited Properties. Ms. Sheldon explained that the City has been notified that two contiguous properties are up for tax forfeiture. The city has in the past purchased property in this area and it is staffs feeling that purchasing the additional lots could present a possibility of completing some redevelopment under the housing replacement program. 'The property could be purchased using tax increment financing that is available to the city. MOTION/SECOND: Hankner/Quick to recommend to the Economic Development Administration approval of purchasing the two tax forfeited properties for the Housing Replacement Program. VOTE: 5 ayes 0 nays Motion Carried H. Consideration of Resolution Numbers 5016 and 5017 Consenting to the Transfer of Control of and Certain Ownership Interests in a Cable Television Franchise to Continental Cable and U S West. Mr. Whiting explained that he received notification of the pending transfer of Meredith Cable to Continental Cable and U S West. Ms. Trade noted that rates will not be increased as a result of the transfer, nor will programs or customer service be affected. MOTION/SECOND: Quick/Trude to Approve Resolutions 5016 and 5017 Consenting to the Transfer of Control of and Certain Ownership Interests in a Cable Television Franchise to Continental Cable and U S • Page 7 September 23, 1996 Mounds View City Council West. VOTE: 5 ayes 0 nays Motion Carried I. Consideration of Resolution No. 5019 Approving Participation in Financing, Construction and Operation of a Four Sheet Ice Facility. Mr. Whiting explained that the City of Mounds View has been working with three other communities in regard to the proposed construction of the Quad Ice Rink at the National Sports Center in Blaine. Last week, the City of Shoreview approved a resolution to participate, subject to a number of conditions. Resolution 5019 would approve the City of Mounds View's participation in fmancing, construction and operation of the four sheet ice facility, based upon the following contingencies: 1) Approval of the Master Agreement between the MASC and all of the participating communities; 2) Approval of a supplemental Agreement, including a $500,000 escrow, between the cities of Mounds View, Arden Hills, New Brighton and Shoreview and the Mounds View and Irondale Youth Hockey Associations; 3) Approval of a supplemental Agreement between the cities of Mounds View, Arden Hills, New Brighton and Shoreview and Ramsey County which includes the County's $500,000 capital contribution for the project; 4) Review of the final agreements by the City's Finance Director and financial advisor to determine that there will be no negative impact to the City's bond rating; 5) Participation in the project by the cities of Arden Hills, New Brighton and Shoreview; and 6) Financial commitment from communities for all four sheets of ice at the National Sports Center. MOTION/SECOND: Quick/Hankner to Approve Resolution No. 5019, Approving Participation in Financing, Construction and Operation of a Four Sheet Ice Facility. VOTE: 5 ayes 0 nays Motion Carried J. Consideration of Resolution No. 5012, Approving the Hire of a Planning Associate. Mr. Whiting explained that interviews were held for the top candidates for the Planning Associate position and staff is recommending that the position be offered to James Ericson. Mr. Ericson has been working as an Assistant Planner for the City of Maplewood for the past year and prior to that time served as a Planning Intern for the City of St. Paul for one year. It is staff s feeling that Mr. Ericson's work experience is very applicable for this position. MOTION/SECOND: TrudeBlanchard to Approve Resolution No. 5012, Approving the Hire of James Ericson as Planning Associate. VOTE: 5 ayes 0 nays Motion Carried K. Consideration of Resolution No. 5014, Appointing the Clerk Administrator as Voting Delegate for the City of Mounds View at the Annual Business Meeting of the National League of Cities. • Page 8 • September 23, 1996 Mounds View Ctty Council MOTION/SECOND: Linke/Quick to Approve Resolution No. 5014, Appointing the Clerk Administrator as Voting Delegate for the City of Mounds View at the Annual Business Meeting of the National League of Cities. VOTE: 5 ayes 0 nays Motion Carried L. (This item was considered immediately after approval of the Consent Agenda.) M. Review of the Bel Rae Survey Status and Scheduling of a Fall Public Meeting. Mr. Whiting asked that the Council establish a public meeting date for review of the survey and the options for the Bel Rae property. MOTION/SECOND: Linke/Trude to Set a Public Meeting for Review of the Survey and Options for the Bel Rae Property on Monday, October 14, 1996. VOTE: 5 ayes 0 nays Motion Carried N. Resolution No. 5021, Commending the Election Judges and Dawn Weitzel, Interim Deputy Clerk on their Conduct During the September 10, 1996 Primary Election. Mr. Whitin noted that he was ve leased with how the Se tember 10th election was handled. g rY p P MOTION/SECOND: Blanchard/Trude to Approve Resolution NO. 5021, Commending the Election Judges and Dawn Weitzel, Interim Deputy Clerk on their Conduct During the September 10, 1996 Primary Election. VOTE: 5 ayes 0 nays Motion Carried REPORTS: Report of Council members: Trude: Ms. Trude stated she had attended the Airport Control Tower Ribbon Cutting Ceremony and the tower will be staffed on October 1st. She noted that anyone interested in touring the facility can do so on Wednesday, September 25th. Ms. Trude stated she has served as city representative on the Arsenal Committee and was contacted by the Arden Hills mayor who is asking for the support of surrounding communities in their work with the National Guard MOTION/SECOND: Trude/Linke that the Mounds View City Council support the City of Arden Hills request in locating a city facility on the arsenal land and also asking Arden Hills to continue to support Mounds View's request for a joint shared municipal athletic field. VOTE: 5 ayes 0 nays Motion Carried Page 9 September 23, 1996 Mounds View City Council Blanchard: No report. uick: No report. Hankner: Ms. Hankner read a letter, resigning from her position on the Mounds View City Council, effective December 31, 1996. MOTION/SECOND: LinkeBlanchard to accept Ms. Hankner's letter of resignation. VOTE; 5 ayes 0 nays Motion Carried Mayor Linke stated per the Charter, the candidate with the third highest number of votes will fill the position. He needs to know if the ballots should read "Vote for Two" or "Vote for Three". Mr. Long recommended that the Council take action, declaring that a vacancy will occur and it will be filled at the next election. MOTION/SECOND: Linke/Hankner to recognize that a vacancy will be occurring on the Mounds View City Council, and, announce that it will be filled at the next general election. Mr. Duane McCarty, 8060 Long Lake Road, stated according to the Charter, a vacancy must occur prior to the election. If she resigns on December 31st, technically under the Charter requirement, someone could sue the city for a Special Election. • Mr. Long explained that as long as the resignation is irrevocable, the State Statutes clearly provides for the Council to acknowledge the vacancy to occur. The Charter provisions are being followed, but the Charter does not define when the vacancy occurs. The State law gives guidance as to the council's acceptance of the resignation. Ms. Hankner stated her goal was to avoid a Special Election at an additional cost to the taxpayers and still allow for continuity through the budget process for 1996. Mr. McCarty argued that the Charter very distinctively recognizes when vacancies occur. VOTE: 4 ayes 0 nays 1 Abstain (Trude) Motion Carried Report of Mayor Linke: No report. Resort of Administrator: No report. Report of Staff: No report. Report of Attorney: No report. Mayor Linke noted that the next Council Work Session will be held on September 30, 1996. The next Regular Council Meeting will be on October 14, 1996. Mayor Linke adjourned the meeting at 8:30 p.m. 4 Re a tfully submitted, ~~ ~~~ ~~ Tamara D. 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