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HomeMy WebLinkAboutMinutes - 1998/03/23APPROlaED Page 1 March 23, 1998 Mounds View City Council PROCEEDINGS OF THE CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting March 23, 1998 Mounds View City Ha11 2401 Hwy. 10, Mounds View, MN 55112 *~*************************#*************x:**~~~~:x*:x****************~*********~**** 1. CALL MEETING TO ORDER: The Mounds View City Council was called to order by Mayor McCarty at 7:00 p.m. on March 23, 1998. Z. ROLL CALL: MEMBERS PRESENT : Mayor McCarty, Council members Koopmeiners, Gunn and Stigney MEMBERS ABSENT: Council member Quick ALSO PRESENT: Chuck Whiting, Clerk Administrator Jim Ericson, Planning Associate Michael Ulrich, Director of Public Works Tim Ramacher, Police Chief Scott Riggs, City Attorney 3. APPROVAL OFMINUTES: A. Special Meeting -March 2, 1998: MOTION/SECOND: Gunn/Koopmeiners to Approve the Minutes of the Special Meeting of the City Council held on March 2, 1998, as presented. VOTE: 4 ayes 0 nays Motion Carried B. Regular Meeting of March 9, 1998: • MOTION/SECOND: Koopmeiners/Stigney to approve the Minutes of the March 9, 1998 City Council Meeting as presented. • Page 2 . March 23, 1998 Mounds View City Council APPROVED Mayor McCarty noted two changes; page 7, line 5 should be changed to read Scott Hyser and line 26 should be changed to read ".. ,signal at Xylite Street ..." He also inquired as to the accuracy of line 24 and the use of MSA funds. It was the understanding of other Council members that this was correctly recorded. Council members Koopmeiners and Stigney accepted these amendments. VOTE: 4 ayes 0 nays Motion Carried 4. SPECIAL ORDER OF BUSINESS: There was no Special Order of Business. S. CONSENT AGENDA: Mayor McCarty asked that Items G, H and I be removed from the Consent Agenda for further discussion. MOTION/SECOND: Koopmeiners/Gunn to Approve the Consent Agenda without Items G, H and I. • VOTE: 4 ayes 0 nays Motion Carried Discussion on Items G and H: Mayor McCarty noted that Item G is Approval to Set a Public Hearing for 7:05 p.m. on Monday, April 13, 1998 to consider Resolution No. 5216, a resolution approving a Comprehensive Plan Amendment for TOLD Development Company, 2625 Highway 10 and 7715-7761 Eastwood Road. MOTION/SECOND: Stigney/Koopmeiners to Set a Public Hearing for 7:05 p.m. on Monday, April 13, 1998 to consider Resolution No. 5216, a resolution approving a Comprehensive Plan Amendment for TOLD Development Company, 2625 Highway 10 and 7715-7761 Eastwood Road. VOTE: 4 ayes 0 nays Motion Carried Mayor McCarty noted that Item H is Approval to Set a Public Hearing for 7:10 p.m. on Monday, April 13, 1998, to Approve the First Reading of Ordinance No. 614, an Ordinance Approving of Specific Rezoning of Properties Located at 2625 Highway 10 and 7715-7761 Eastwood Road from Low and Medium Density Residential to Limited Business for TOLD Development Company. MOTION/SECOND: Gunn/Koopmeiners to Set a Public Hearing for 7:10 p.m. on Monday, April 13, 1998, to Approve the First Reading of Ordinance No. 614, an Ordinance Approving of Specific Rezoning of Properties Located at 2625 Highway 10 and 7715-7761 Eastwood Road from Low and Medium Density Residential to Limited Business for TOLD Development Company. VOTE: 4 ayes 0 nays Motion Carried Page 3 March 23, 1998 Mounds View City Council Mayor McCarty noted that Item I is to Approve the Extension of Time Frame to File Development Stage Plan for Anthony Properties Project. The request to have this removed was given to him personally and would delay the approval. Mr. Whiting noted that this is for a concept plan for a theater project that was approved sometime last year which was good for a nine month period of time, which has since elapsed. He stated the plan will be going to the Planning Commission on April 1st. Mr. Riggs, City Attorney, explained that the City Council has the discretion to amend the deadline, however the developer has not submitted all of the necessary items and therefore Council action is not mandatory at this time. MOTION/SECOND: Koopmeiners/Gunn to postpone indefinitely the Approval of the Extension of Time Frame to File development Stage Plan for Anthony Properties Project. VOTE: 4 ayes 0 nays Motion Carried 6. RESIDENTS REO UESTS AND COMMENTS FROM THE FLOOR: Mayor McCarty explained that this is the time for residents to address the council with concerns on items that are not on the Agenda. Louise Borgert, 7680 Knollwood, stated she would like to address the water main break which occurred last week on Knollwood and resulted in damage to her basement. She stated she turned the claim in to the City's insurance company, but was told that they are not responsible for any part of the damage that was done. She noted that it took the city approximately 1-1/2 hours to respond to the call and she feels the city should assume at least some of the responsibility. Mr. Ulrich, Public Works Director, noted that he had prepared a short memo for the Council regarding this problem. Staff was instructed to tell the resident, based on the League's response, that because the city acted responsibly, they are not liable for the damages. He noted that there appears to be some problem with the routing of the water due to the existing landscaping/topography of the back yard. In regard to the city's response time, he explained that it did take staff a little longer to isolate the problem due to plugged valve. Mayor McCarty noted that it appears that the staff followed the appropriate procedures, but would like to find out from the insurance company as to why they are denying the claim. He would recommend that this be referred to staff for further information. After obtaining a staff report, Council will have more details and will be better prepared to address this complaint. He noted that the city will keep her informed. 7. COUNCIL BUSINESS: A. 7:05 p.m. -Ordinance No. 612, Relating to Noise Control Regulations and Amending Title 600, Section 607.07, Subdivision 2 of the Mounds View Municipal Code. Mayor McCarty opened the Public Hearing at 7:18 p.m. Page 4 March 23, 1998 Mounds View City Council APPROVED Tim Ramacher, Police Chief, gave a brief synopsis of Ordinance No. 612. He explained that it simply adds the following paragraph to the already existing Noise Ordinance: c. Stereos, Radios, Tape Players, Disc Players, Etc.: Operation of a stereo, radio, tape player, disc player or arty such device at arty time in a motor vehicle in such a manner as to be plainly audible at a distance of fifty (SO) feet from the vehicle shall be prima facie evidence of a violation of this Section. With no comments from the public on this Ordinance, Mayor McCarty closed the Public Hearing at 7:20 p.m. MOTION/SECOND: Koopmeiners/Gunn to Approve the First Reading of Ordinance No. 612, Relating to Noise Control Regulations and Amending Title 600, Section 607.07, Subdivision 2 of the Mounds View Municipal Code. ROLL CALL VOTE: Council member Koopmeiners: aye Council member Gunn aye Council member Stigney aye Mayor McCarty aye Motion Carries - (4 - 0 ) B. 7:10 p.m. -Ordinance No. 613, Relating to Animals and Animal Control and Amending Title 700, Section 701.03, Subdivision 1, Subdivision 7, and including a New Subdivision 16 in the Mounds View Municipal Code. Mayor McCarty opened the Public Hearing at 7:21 p.m. Police Chief Ramacher explained that Ordinance 613 will change the defmition of Dogs Running at Large and will change the impound period from 3 days to 5 days. With no public input on Ordinance No. 613, Mayor McCarty closed the Public Hearing at 7:22 p.m. MOTION/SECOND: Koopmeiners/Gunn to Approve the First Reading of Ordmance No. 613, Relating to Animals and Animal Control and Amending Title 700, Section 701.03, Subdivision 1, Subdivision 7 and including a New Subdivision 16 in the Mounds View Municipal Code. Council member Stigney suggested that Item (4) be added to Subd. 1(a) to read as follows: "4) not effectively under the direct voice command of the owner on the owner's property." MOTION/SECOND: Stigney/McCarty to Amend the Ordinance to include Item (4) under Subd. 1 to read "4) not effectively under the direct voice command of the owner on the owner's property". VOTE ON AMENDMENT: 4 ayes 0 nays Motion Carried ROLL CALL VOTE ON ORDINANCE 613: APP~Q~JED Page 5 March 23, 1998 Mounds View City Council Council member Koopmeiners Council member Gunn Council member Stigney Mayor McCarty aye aye aye aye Motion Carried (4 - 0) C. Consideration of Resolution No. 5213, Authorizing a Supplemental Feasibility Study for the Proposed Reconstruction of Spring Lake Road/County Road T Project. Mayor McCarty noted that Resolution 5213 orders a feasibility study and asked the City Attorney if the requirements in Chapter 8 of the City Charter would be applicable requiring a 4/5 vote. A discussion followed. Mr. Ulrich felt it was merely authorizing a feasibility study, not ordering a project. Upon reviewing Charter requirements, Mr. Riggs, City Attorney, explained that approval of Resolution No. 5213 would indeed require a 4/5 vote. Council member Stigney stated he understood that at one time the City Attorney informed them that if the project costs were less than originally projected, a new public hearing would not be necessary. Mayor McCarty noted that this was true in the case of a continued project, however that is no longer the same project. Attorney Riggs agreed that with this being a new project, a 4/5 vote is necessary for approval. Mr. Whiting noted that if this is considered a new project, perhaps action may be necessary to end the other project as proposed. Mayor McCarty stated the Council did agree that because of all of the time that has expired since the first offering and the 60 day time frame for residents to petition the project, the time frame should begin again. However, the Council did not formally take action to end the previous project. Resolution No. 5213, Authorizing a Supplemental Feasibility Study for the Proposed Reconstruction of Spring Lake Road/County Road I Project: RESOLUTION 5213 FAILS FOR LACK OF AMOTION/SECOND. Council member Stigney stated he would like to know if the residents are aware of what is before the Council and if it fits in with their desires. Barbara Haake, 3024 County Road I, wondered what this would mean -whether it would just authorize the preliminary report. But furthermore, what specifications would they be going on? Mayor McCarty stated it is his interpretation that the Council is not supporting the 28 foot road with curb and gutter, etc. He stated he is hesitant to go through another lengthy process. MOTION/SECOND: McCarty/Koopmeiners that the City notify Ramsey County that they wish to turn the road back to them for construcrion m 1999. Page 6 March 23, 1998 Mounds View City Council APPROVED Mayor McCarty stated he spoke with the City Engineer, and the County has indicated that they would be more than happy to take this road back and do the construction. This would be more cost effective. They will only do the center 24 feet that exists there now, with appropriate shoulder protection. They will not address problems. This would best serve the residents according to their desires. VOTE: 4 ayes 0 nays Motion Carried Mayor McCarty instructed staff to get in contact with Ramsey County and tell them of the City Council's decision. Dan Coughlin, 8468 Spring Lake Road, stated he received many, many letters and phone calls from residents in regard to this issue. He stated he would like to submit them to the city and have them entered for the minutes. He re-iterated that most residents would like to see the roadway remain at 24 feet with no curb and gutter. Barb McCalley, 7830 Spring Lake Road, stated she received a copy of the Title to her property and it states that the water level will remain at 903 feet above sea level, her property will not be flooded and it will be maintained by the County. If it is a city road, the city would have to take over that responsibility. This information was provided to her by the County Assessor's Office. If there is more run-off, the water • level will increase. She submitted a copy of the information for the records. Mayor McCarty stated he would really like to pursue the "garden type boulevards" as has been done in Maplewood. Scott Hinrichs, 7785 Spring Lake Road, stated he is a new resident to the community and would like to thank the City Council for listening to the residents. The project as proposed would have taken a good part of his front yard and he is happy with the Council's decision on the matter. Stan Brouillard, 3016 County Road I, thanked the Council for listening to the residents. He noted that he lives on the West end of County Road I and there is no easement or Right-of--Way on his property. He is hopeful that the County will keep the roadway at 24 feet, and asked how the residents will be notified of the County's intent to proceed with the construction of the road. Mayor McCarty stated the city will also be involved in the project and that all residents would be notified. He also stated that the County will likely be re-surveying the properties to determine property lines, etc. prior to project construction. Barb Haake took this opportunity to again thank the Council for their consideration of the residents' concerns in making their decision on this issue. Mayor McCarty provided a short recess and reconvened the meeting at 7:50 p.m. D. Consideration of Resolution No. 5215, A resolution Approving a Wetland Buffer Permit for the Silverview Estates PUD. Mr. Ericson, Planning Associate, explained that this is a request for a wetland buffer permit to allow the developer to develop within 100 feet of the wetland. The developer is improving upon approximately APPROVtD Page 7 March 23, 1998 Mounds View City Council 41 % of the buffer which is significantly less than what they originally wanted. He noted that the City Engineer has reviewed the plan and found it consistent with City Code. Additionally, the Rice Creek Watershed District has reviewed and approved the request, with stipulations. Council member Stigney asked if the developer could construct the improvements in other way to minimize the intrusion onto the wetland. Mr. Ericson noted that they could eliminate one or more buildings which would reduce the parking requirements, but this is actually a compromise from their original proposal. Mayor McCarty asked if additional impervious surface will be added in the buffer zone to prevent any direct discharge into the wetlands. Mr. Ericson noted that this is the case, and that run-off from those surfaces will be redirected. MOTION/SECOND: Gunn/Koopmeiners to Approve Resolution No. 5215, a Resolution Approving a Wetland Buffer Permit for the Silverview Estates PUD. Council member Stigney stated when he sees a complete building in the wetland buffer, he has a problem with it and therefore he cannot support this resolution. Mayor McCarty noted that the purpose of the buffer zone is to allow for fluctuations in the boundaries of wetlands. This particular wetland has not flooded that buffer zone. The city's main concern was for the preservation and enhancement/management of the wetland Itself -the buffer was merely an added tool to support that. VOTE: 3 ayes 1 nay (Stigney) Motion Carried E. Consider Authorizing the Hiring of Assistant to the City Administrator. Mr. Whiting stated he has interviewed the candidates for the position and it was his intent to have a recommendation to the Council, however he is not prepared to do so at this time. He asked how the Council wished to proceed with the approval. Mayor McCarty stated it was his understanding that the Council already authorized the City Administrator to hire for this position and unless there is some extenuating circumstance or need for clarification, he has the authority to proceed with the hiring without further approval. The Council will need to ratify the employment as required. Council member Stigney stated initially the position was for a Personnel Technician with the intent that the city could hire an intern for the same amount of salary as the previous position. He felt the city should check to see what the position will cost the city before going ahead. Mayor McCarty noted that when the Economic Development Director resigned, Mr. Jopke assumed many of those responsibilities. 'This has saved the city a considerable amount is personnel costs. A discussion followed in regard to the salary range for the position. Mr. Whiting stated he intends to keep the personnel costs as low as possible, but anticipates that the salary for the position will be between $35,000 and $45,000. AI 3 ROVtD Page 8 March 23, 1998 Mounds View City Council MOTION/SECOND: McCarty/Koopmeiners to authorize the Clerk Administrator to hire an Assistant at a salary not to exceed $45,000. VOTE: 3 ayes 1 nay (Stigney) Motion Carried F. Consider Request from Mounds View Festival, Inc. for a permit for a beer garden during the Festival on July 12, 1998. Mr. Whiting gave a brief summary of this request. Dan Hall, Entertainment Chairman for the Mounds View Festival, Inc. stated he is responsible for hiring bands, etc. for the event. Past experience has evidenced very few problems at the concerts. This year, they would like to request permission to se113-2 beer in a confined area during the hours of approximately noon and dusk on the day of the event. Mr. Riggs, City Attorney, stated depending upon how the area is set up, there will need to be a license. It would appear that a minor revision would need to be made to the city code in order to allow for the use of alcohol on city park property. Additionally, the distance would need to be determined from the proposed site to certain zoning situations, and it would be necessary to determine who would hold the license. Council member Stigney noted that the Festival in the Park has always been a "Sunday afternoon social activity" and he feels it may be good to see what the residents feel about this issue. It was noted that this would be a totally sectioned-off area that only adults are allowed into. No beer would be allowed out of the Beer Garden area. Mayor McCarty noted that any change to the City Code would require a Public Hearing. Mr. Whiting also noted that he has not checked into the liabilities as far as having beer on city property. It was the general consensus of the Council to direct staff to proceed with an amendment to the Ordinance and to set a Public Hearing which will determine what residents have to say about the proposed Beer Garden at the Festival. 8. REPORTS: Council member Gunn noted that the Sock Hop at Pinewood Elementary was a big success. Mayor McCarty noted the updated TIF schedule of estimates. There will be a presentation of the TIF schedule of estimates to the EDC on Thursday, March 26th. He noted there will be no deficits created by the Community Center. Mayor McCarty noted that he had met with Representatives of Columbia Heights on how their Youth Commission has worked. Mary Saarion, Director of Parks and Recreation will prepare a memo regarding this for the Council's review and consideration. APPROVt~ • Page 9 March 23, 1998 Mounds View City Council Mayor McCarty noted that there is a metro legislation now requiring that the Metropolitan Airport Commissions go to non-binding arbitration where we disagree on capital projects. Mayor McCarty gave a brief summary of House File #3500. 9. NEXT COUNCIL WORKSESSION: April 6. 1998 - 6:00 p.m. NEXT COUNCIL MEETING: April 13.1998 - 7:00 p.m. 10. ADJOURNMENT.• Mayor McCarty adjourned the meeting of the City Council at 8:29 p.m. Respectfully submitted, Tamara D. Saefke Recording Secretary • ~/ ~J ' MOUNDS VIEW CITY COUNCIL MEETING ~~~~ t~ ~~~ 1~1g~ ' ~ Please sign .~-'le a. S ~ r - ~ -~ NAME ADDRESS Il.~ ~ ~.L ~ ~ ~ l9 " ~ ' i.~] ~7 ~.~ a ;~ Ct ~._ ,. ,, ~ `~. ~ ~ ~ - ~ vZ ~ ~ r~e d ~' ,-~° U ` 3 _. cJ vtc~v,~ ~~(~~ ~ r ~~- ~~ ,~ Pi ~Ce Ge ~-- a (~~`',,1~-Y f-IU r~G-~ !~ ~' 3 ~~c~ S~2i N ~- 2_K~ t~0 o~Jia~o ~z S~c1~1-~sa~t ~'3~ y ~~R~ti-b C~1~ ~'©Ao MOUNDS VIEW CITY COUNCIL MEETING • Please sign N`~E ADDRESS ~ i~~ ,,~ ~ ~ n '' ~% ~~~ ~` G ~ l ~~~ Gc.; '~. ~ ' c,c.~1~ ~ ,~ ~. ~ 3 ,~~ o ~u R cAa ~ ~ ~y~~ ~ ~. L~~. ~~ . ~ ~ , ~ l v f WG r-5 ~~~~ - (~g~ ~ ~~ / / h ~ ~ n ~~ l r ~ K. o~ V ~ ~ LJ ~ ~~ 7-~DS ,~' ~'al ` ~" ~-a- f ~ ~~ ~. MOUNDS VIEW CITY COUNCIL MEETING Please sign NAME ADDRESS ~/2%-jz-~--.. ~ ~~ ~ ~