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HomeMy WebLinkAboutMinutes - 1997/04/14• Page 1 April 14, 1997 Mounds View City Council '~ ~r/ ~ ~ r~ '' PROCEEDINGS OF THE CTTY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting April 14, 1997 Mounds View City Hall 2401 Hwy. 10, Mounds View, MN 55112 ********************************************************************************** CALL TO ORDER The Mounds View City Council was called to order by Mayor McCarty at 7:00 p.m. on April 14, 1997. • PLEDGE OF ALLEGIANCE ROLL CALL MEMBERS PRESENT: Mayor McCarty, Council members Trude, Quick, Koopmeiners and Stigney ALSO PRESENT: Chuck Whiting, Clerk Administrator Pam Sheldon, Community Development Director Jim Ericson, Planning Associate Bob Long, City Attorney ADDITIONS TO THE AGENDA: Mr. Whiting asked that two items be added to the Agenda under Council Business, (G) Entering into an Exclusive Negotiations Agreement with VB Digs and (H) Request to Conduct a Bel Rae Building Assessment with Architect Agreement. APPROVAL OF MINUTES: March 24, 1997 -City Council Meeting: Council member Stigney noted a change to Page 8, Line 2. He asked that it be changed to read "...has school gyms that are not being fully used right now." • MOTION/SECOND: Stigney/Koopmeiners to Approve the Minutes of the March 24, 1997 City Council meeting AS AMENDED. • Page 2 April 14, 1997 Mounds View City Council VOTE: 5 ayes 0 nays Motion Careed ACCEPTANCE OF ADVISORY COMMISSION MINUTES: Planning Commission Meeting Minutes -March 5,1997: MOTION/SECOND: Stigney/Koopmeiners to accept the Planning Commission Meeting Minutes of March 5, 1997 as submitted. VOTE: 5 ayes 0 nays Motion Carried SPECIAL ORDER OF BUSINESS: Mr. Whiting gave a brief summary of the Bel Rae election held on Apri15, 1997. He noted that the results were 1,388 in favor of the community center, with 811 opposed. The city spent approximately $9,000 for the election, with an estimated 30% turnout with the mail election. He thanked the staff and election judges who worked so hard to bring the issue to a successful conclusion. Mayor McCarty extended his appreciation on behalf of the council as well. • CONSENT AGENDA: Mr. Whiting read the Consent Agenda as follows: A. Approve Salary Increase for City Administrator, Chuck Whiting. B. Approve Step Adjustment for Public Works Director, Mike Ulrich. C. Approve Just and Correct Claims Against City Funds. D. Consider Resolution No. 5108 Authorizing the Acquisition of Property by Proceedings in Eminent Domain. E. Set a Public Hearing for 7:10 p.m., Monday, Apri128, 1997 to Consider Ordinance No. 600, Amending Chapter 202 of the Municipal Code, Public Improvements. F. Set a Public Hearing for 7:05 p.m., Monday, Apri128, 1997 on Ordinance No. 599, an Ordinance Approving Rezoning from B-2 to Planned Unity Development (PUD) for commercial uses, and approving a general concept plan for properly located southeast of the Highway 10/Silver Lake Road intersection (2704-2740 Highway 10 and 7801 Silver Lake Road). G. Acceptance of Planning Commission By-Laws. H. Approval of Bid Award for Two Utility Trucks. I. Amendment of Joint Powers Agreement for Construction and Operation of Fire Training Site. • J. LICENSES FOR APPROVAL: Asphalt License - Expues 6/30/97 • Page 3 April 14, 1997 Mounds View City Council Minnesota Rodeways Co. -Renewal Window Installation -Expires 6/30/97 Donnelly Windows, Inc. -New Sheet rock -Expires 6/30/97 Gene Anderson Drywall -New General Contracting (Commercial) -Expires 6/30/97 Flannery Construction -New HVAC -Expires 6/30/97 Schwartz Construction Co., Inc. -New Horwitz, Inc. -Renewal Therapeutic Massaee Enterprise License Appearance Plus -New Council member Koopmeiners asked that Item 8(G) be removed from the Consent Agenda. Council member Trude asked that Item 8(~ be removed from the Consent Agenda. MOTION/SECOND: Quick/Trude to approve the Consent Agenda AS AMENDED. VOTE: 5 ayes 0 nays Motion Carved Discussion: Council member Koopmeiners stated he had questions in regard the practice of having the City Council refer applications for filling vacancies in or appointing members to the Planning Commission for recommendations from the Commission. He noted that the Planning Commission is the only commission that has this particular procedure and wondered why this was so. He feels this should be exclusively at the discretion of the City Council. Mayor McCarty stated he would prefer to just send the By Laws back to the Planning Commission for re-work with the City Council's objections rather than to approve them in an amended form. Ms. Trude noted that this is only a recommendation and that the City Council has the option of accepting or rejecting the recommendations. Ms. Sheldon noted that the recommendations are not binding. This type of procedure has worked well in the past as the Planning Commission is very familiar with their responsibilities as a commission. She noted that any vacancy would be treated in the same way, whether it be for a partial term or a full term. Mayor McCarty noted that he believes the Planning Commission wants the same thing as the Council -their active involvement in helping the Council select Planning Commission members. He felt perhaps the • language could reflect this in a different way. Page 4 Apnl 14, 1997 Mounds View City Council Attorney Long noted that similar language is in the Municipal Code, and therefore if changes are made in the By Laws, an Ordinance change may be required as well. It was the general consensus of the Council that this item be set aside until a future date. Council member Trude stated she had requested that Item 8 (~ be removed for further clarification. She asked if this was for an Adult Use type of facility. Attorney Long noted that this request is for a Therapeutic Massage Enterprise License and not the same as an Adult Use type of facility. In order for someone to conduct therapy, two licenses are required, one for the license for the business and one for the individual therapist showing that they have taken the required number of training hours. Council member Trude noted that she had not been provided information to substantiate this and she would like to table approval of this license until staff can provide a more comprehensive report. MOTION/SECOND: Trude/Koopmeiners to table Item 8 (~ of the Consent Agenda until the next regular City Council meeting and request that staff provide the Council with a checklist of what the requirements are and that they have been met. • VOTE: 5 ayes 0 nays Motion Carned RESIDENTS REQUESTS AND COMMENTS FROM THE FLOOR: Mayor McCarty noted that this is the period of time for residents to address the Council with comments or concerns on items that are not on the Agenda. There were no questions or comments from the floor. PUBLIC HEARINGS: Public Hearing to Introduce Ordinance 597, Adopting the 1996 Long Term Financial Plan. Mayor McCarty opened the Public Hearing at 7:20 p.m. He asked if any residents wished to address the council on the issue of the 1996 Long Term Financial Plan. With no questions or comments, he closed the Public Hearing at 7:21 p.m. COUNCIL BUSINESS: F) Approval of Ordinance No. 597, Adopting the 1996 Long Term Financial Plan. MOTION/SECOND: Quick/Trude to approve Ordinance No. 597, Adopting the 1996 Long Terrn Financial Plan and to Waive the reading. ROLL CALL VOTE: Mayor McCarty aye Council member Trude aye . Page 5 April 14, 1997 Mounds View City Council Council member Koopmeiners aye Council member Stigney aye Council member Quick aye Motion Carried (5 - 0) PUBLIC HEARINGS -continued: Public Hearing and Consideration of Resolution No. 5105, A Resolution Approving a Conditional Use Permit for Minor Auto Repair for Spots Quick Lube, 2975 Highway 10. Mayor McCarty opened the Public Hearing at 7:22 p.m. Mr. Jim Ericson, Planning Associate explained that an application was submitted to the city for a conditional use permit to allow for minor auto repair at 2975 Highway 10. This would allow for the operation of a quick Lube facility with services to include fluid exchange, wiper replacement, headlight replacement and other similar work. The applicant has indicated his intent to redevelop the site to high aesthetic standards. Mr. Ericson noted that as proposed, the building does meet the setback requirements. They are providing an • adequate number of parking spaces and they are proposing to completely redo the access and parking areas, eliminating the accesses from Highway 10 and providing a single access along Spring Lake Road. Additional information was provided in regard to the proposed lighting, signage, drainage, etc. for the proposed facility. Attorney Long suggested that an Item 11 be added to Page 7 of Resolution 5105 to read as follows: 11. Prior to the issuance of building permits, the applicant shall execute a Development Contract in compliance with Section 1006.06, Subd. 4 of the Mounds View Municipal Code. Council member Stigney noted that in reviewing the site plan he noted that the south side of the property facing Highway 10 is landscaped to the west side of the parking lot, however there is no landscaping East to Spring Lake Road. He thinks some shrubbery in that area would provide a more aesthetically pleasing view from Highway 10. Ron Ostrander, representing the applicant, noted that this is the only area on the site where snow can be plowed during the Winter months and therefore he does not think they would survive in that location. Council member Trude stated she is concerned that anything there will obstruct visibility. Mayor McCarty stated would suggest that the Council deal with the application as presented and direct staff to work with the applicant over the upcoming weeks and see if something can be worked out for that area. He noted that Mr. Ericson could bring any recommendations back to the Council at a later date. Mayor McCarty closed the Public Hearing at 7:35 p.m MOTION/SECOND: Trude/Koopmeiners to approve Resolution 5105, A resolution Approving a Conditional . Use Permit for Minor Auto Repair for Spots Quick Lube, 2795 Highway 10, AS AMENDED to include Item 11 on Page 7. • Page 6 Apnl 14, 1997 Mounds View City Council VOTE: 5 ayes 0 nays Motion Carried Public Hearing Regarding Modifications of the Development Plan for the Mounds View Economic Development Project and a Taa Increment Financing Plan for Taa Increment District No. 4 Pursuant to MN Statutes 469.175, Subd. 3. Mayor McCarty opened the Public Hearing at 7:37 p.m. Mr. Whiting noted that he did not receive the plan until just prior to the Council meeting. Therefore, he would like to request that the City Council extend the Public Hearing to the Apri128, 1997 City Council meeting. He noted a few areas that he wanted the Council to make note of when reviewing the plan. Mayor McCarty noted that this concerns the Tax Increment Financing District that will include the new community center. David Jahnke, 8428 Eastwood Road, asked for a clarification on the TIF district. MOTION/SECOND: Trude/Stigney to continue the Public Hearing on Apri128, 1997. • VOTE: 5 ayes 0 nays Motion Carried Mayor McCarty closed the Public Heanng at 7:52 p.m. 10 (A) Opportunity for Hearing and Consideration of Resolution No. 5106, A Resolution Authorizing Abatement of Nuisances at 2349 Laport Drive. Mr. Ericson, Planning Associate, provided photos of the property at 2349 Laport Drive. He noted that staff tried repeatedly to work with this property owner to cleanup the property. In July of 1995 the City issued a court citation to them regarding the nuisances. Present staff has been in contact with the property owner since September 30, 1996 in regard to the situation. Mr. Ericson noted that on Apri19, 1997, an inspection was made of the property and revealed a number of nuisances code violations. Mayor McCarty wondered if the vehicles on the property were insured, operable and licensed. Mr. Ericson stated last time he checked, the Winnebago did not have a current license. Ms. Trude commented that many of the nuisance code violations constituted health and safety hazards as well. MOTION/SECOND: McCarty/Koopmeiners to Approve Resolution No. 5106, A Resolution Authorizing Abatement of Nuisances at 2349 Laport Drive. Cam Obert, 8315 Greenwood Drive, noted that code violations could be found on every street in Mounds view. The city has numerous files on properties which are in violation, some inches thick. He feels the constant staff turnover in the city has resulted in difficult follow-up'to complaints. Complaints need to be followed up on and unfortunately, staff does not have time to address them. Something needs to be done. • David Jahnke, 8428 Eastwood Road, noted that what one considers "junk" may not be viewed as such by the owner. • Page 7 Apnl 14, 1997 Mounds View City Council VOTE on Motion: 5 ayes 0 nays Motion Carried COUNCIL BUSINESS: A. Presentation and Discussion of the Metropolitan Airports Commission (MAC) Response to City Concerns regarding MAC's Draft Long Term Comprehensive Plan. Mr. Whiting explained that on November 25, 1996 the City Council sent a letter to the Metropolitan Airports Commission outlining objections to the proposed draft Long Term Comprehensive Plan. He asked that Mr. Mark Ryan of the MAC update the Council on the hearings that were proposed/held at that time in regard to this plan. Mark Ryan explained that a draft of the document has been submitted to the Advisory Committee and they have recommended that MAC move ahead with Public Hearings on the plan itself. He noted that several urgent items on the Metropolitan Airport Commissions agenda have prevented them from proceeding with the Pubic Hearings. They are anticipating holding the Public Hearing on the Long Term Plan in July 1997. Prior to that, the document must be brought to the full commission for their review and approval. He noted that they will be sure to notify staff and council of the hearing, which they will likely hold in the north metro area. Mayor McCarty asked if the city could be represented when the committee meets to go over the plan. Mr. Ryan responded, yes. He noted that the meeting would possibly be scheduled for June 3, 1997 and held at the International Airport. A letter of confirmation will be sent to Mounds View. Attorney Long asked if there would be some formal feedback of the November 25, 19971etter prior to the committee meeting in June. Mr. Ryan stated he did not believe so, and that the letter would be accepted as comments for the public record. Mayor McCarty wondered if it would be better to both the City and MAC to settle some of the court-ordered stipulations prior to the Public Hearing rather than going through the Public Hearing process and then coming back and re-working all that at a later date. That way, everyone involved in the hearing would start from a document that has at much viability as possible and not something that might be set aside under a later action. Mr. Ryan stated he would like to refer this question back to his legal staff. It was agreed by both Mr. Ryan and the City Council that a meeting should be scheduled with Mounds View staff, including Mr. Long, and MAC staff/legal advisor to discuss these issues. Mr. Ryan noted that due to the St. Paul Airport being underwater, several aircraft have been diverted to the Anoka Airport. Mr. Whiting noted that he had received a complaint from a resident that there are pilots who have moved their • aircraft to the Anoka Airport after being told they could no longer use the Crystal Airport. He wondered if this was accurate information. Page 8 Apnl 14, 1997 Mounds View City Council Mr. Ryan responded that he is aware of one individual where this applies Attorney Long stated he was told that after the new tower was in place, the city would be able to get more accurate aircraft counts. He asked if this information was available. Mr. Ryan stated he would try to get as current information as possible for Mounds View. Mayor McCarty stated he would like to get statistics from the past six months as the tower opened in October and he assumes information should be available over that period of time. B. Second reading and action on Ordinance No. 594, An Ordinance Amending Chapter 606, 607 and 1005 of the Mounds View Municipal Code related to the requirement to mow tall grasses and creating an exemption for wetland and native vegetation. MOTION/SECOND: Quick/Koopmeiners to approve the second reading and adoption of Ordinance No. 594 and to waive the reading. ROLL CALL VOTE: Mayor McCarty aye Council member Trude aye Council member Koopmeiners aye Council member Stigney aye Council member Quick aye Motion Carried (5 - 0) C. Second reading and action on Ordinance No. 595, An Ordinance adding day care centers and group nurseries as a conditional use in the B-1, B-2, B-3, B-4 and I-1 zoning districts. MOTION/SECOND: Trude/Koopmeiners to approve the second reading and adoption of Ordinance No. 595, and to waive the reading. ROLL CALL VOTE: Mayor McCarty aye Council member Trude aye Council member Koopmeiners aye Council member Stigney aye Council member Quick aye Motion Carried (5 - 0) D. Consideration of Approval of HAY Consultants to Convert to the HAY Job Evaluation System and to Review and Revise the Compensation System for the City of Mounds View. • Mr. Whiting stated he would prefer to defer this item until the next City Council meeting to allow him additional time to address questions the council may have in regard to this issue. • Page 9 Apnl 14, 1997 Mounds View City Council Council member Trude stated she would be comfortable approving staffs recommendation. Council member Stigney stated at the last work session, additional information was requested on the benefits of the PDI and the HAY systems which all the council received. He spent considerable time going through the information provided and found that the HAY evaluation system being recommended seems to lean more towards the industrial or corporate environment although it could be applied to either system. The PDI has specific applications towards city jurisdictions which are norrnally found in municipalities. He noted that both systems would end up doing the same thing, however when looking at the bottom line to change the current system to the HAY system, the HAY system is far more costly. He wonders what benefit would really be derived from the change. A system is already in place in the city and he feels it is workable, therefore he would not be in support of converting to the HAY system. It was agreed that this item would be further reviewed and discussed by staff and brought before the council for consideration at an upcoming council meeting. E. Resolution 5107, Approving Authorizing the Mayor and City Administrator to Enter into an Agreement for Architectural Services for the Bel Rae Ballroom/Community Center Project Design. Mr. Whiting explained that he had just received the agreement and would like to give the council and staff an opportunity to review it. To avoid further delays he suggested on behalf of the city, that Mayor McCarty, Council member Trude and himself get together and thoroughly review the agreement prior to execution. Additionally, Council member Koopmeiners will be meeting with him and the architect to go over some of the specific questions about the building and floor layout. Mr. Whiting explained that he would like to come back to the Council work session and go through the process in greater detail. MOTION/SECOND: McCarty/ Koopmeiners that the Council authorize Mayor McCarty and Chuck Whiting to execute the Agreement between the City of Mounds View and the architect after review of the agreement by Mayor McCarty, Council member Trude, Clerk Administrator Chuck Whiting and Attorney Bob Long. Council member Stigney asked if the agreement would be subject to modifications. He suggested that all of the Council members take an opportunity to go and tour the St. Anthony Community Center to see what they built for $3.6 million. Mayor McCarty explained that the signing of the agreement will delineate the obligations and agreements between the architect and the city. At any time, the city council could make changes if they so desire, however it will be necessary to try to stay within the original plan as determined by the council, committee and community. G. Authorization to Enter into an Exclusive Negotiations Agreement with VB Digs. Mr. Bob Long, City Attorney, explained the agreement basically states the City and VB Digs intend to work together in good faith in the next 15 days to put together a more complete package to determine whether or not they can move forward. He noted that the last page in Section 8 states that the developer agrees to pay $5,000 in additional earnest money (in addition to the $2,500 already paid), to cover the kinds of costs that the City is incurring in evaluating the project. • MOTION/SECOND: Trude/McCarty authorizing Mayor McCarty and the Clerk Administrator to enter into an Exclusive Negotiations Agreement between VB Digs and the City of Mounds View. • Page 10 April 14, 1997 Mounds View City Council VOTE: 5 ayes 0 nays Motion Carried H. Request to Conduct Bel Rae Building Assessment. Mr. Whiting explained that this would allow the architect to go ahead and evaluate the structural integrity of the Bel Rae. These services would be completed for $2,820. MOTION/SECOND: Trude/Stigney to authorize staff and Mayor McCarty to spend funds out of appropriate funds to for the architectural assessment of the Bel Rae building. Mayor McCarty noted he would like to see that an air quality analysis is part of the overall assessment. It was noted that this may increase the cost of the architectural assessment if it is not included in General Building Quality. MOTION/SECOND: Trude/Stigney to amend their motion to INCLUDE an air quality analysis as part of the architectural assessment of the Bel Rae building. VOTE: 5 ayes 0 nays Motion Carried REPORTS: Report of Counc-t members: Trude: Ms. Trude reported that Mr. Stigney and herself met with Mr. Whiting to review the conceptual layout of the building. Mr. Whiting provided a brief update and noted that the city is still reviewing the proposal that the voters saw at the Voter Information Meeting with gymnasium options. Koopmeiners: No report. Stimev: Mr. Stigney noted that he had a copy of the St. Anthony Community Center floor plan and cost breakdown and he would encourage council members to review it and tour the facility. uick: No report. Report of Mayor McCarty: No report. Report of Clerk Administrator: No report. Report of Staff: No report. Report of AttorneX; No report. Mayor McCarty noted that the next Council Work Session will be held on May 5, 1997 at 6:00 p.m. The next Council Meeting is on Apri128, 1997 at 7:00 p.m. MOTION/SECOND. Koopmeiners/Stigney to adjourn the meeting at 9:07 p.m. Page 11 April 14, 1997 Mounds View City Council VOTE: 5 ayes 0 nays Motion Carried Respectfully submitted, Tamara D. Saeflce Recording Secretary • • I MOUNDS VIEW CITY COUNCIL MEETING ~~,~rl 14, i~~~~ ~Iease sign ~ NAME ~ ADDRESS ~~ f7 G'~"t~c ~ ~ ~ ~ s ll~ r~ . ~ ~r ~ ~,~ r'~ ~ v~ ' .. J ,~ x~ ~ ~ ~ ~ ~_s~ r ~~ ~ ~ ~~ ~~GS ~~~rw~~~~ (~-~,