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HomeMy WebLinkAboutMinutes - 1993/09/27PROCEEDINGS OF THE CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting September 27, 1993 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 Linke at 7:00 p.m. on Monday, September 27, 1993. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mr. Bill Frits, a Mounds View resident. ~OLL CALL MEMBERS PRESENT: Mayor Linke, Councilmembers Wuori, Blanchard, Trude, and Quick. MEMBERS ABSENT: None ALSO PRESENT: Samantha Orduno, City Administrator; Don Brager, Finance Director-Treasurer; Paul Harrington, City Planner; Mike Ulrich, Public Works Supervisor; Tim Cruikshank, Assistant to the City Administrator; Dave Kennedy, City Attorney APPROVAL OF MINUTES MOTIONjSECOND: Trude/Blanchard to approve minutes of September 13, 1993 as amended. Councilmember Trude cited minor changes in wording, not affecting the contents of the minutes, on pages 4, 5, and 6. VOTE: 5 ayes 0 nays Motion Carried Mayor Linke reported that a Special Meeting of the Mounds View and Spring Lake Park City Councils was held on Monday, September 20, 1993. The minutes from that meeting will be included in the October 11, 1993 • City Council Packet and will come before the Council for approval at that meeting. ~ounds View City Council egular Meeting Page Two September 27, 1993 SPECIAL ORDER OF BUSINESS: There was no special order of business. 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. Councilmember Trude asked that Item B., Authorize Purchase of One-Ton Scales and Related Equipment for Treatment Plant #1, be removed for discussion. MOTIONJSECOND: Quick/Trude to adopt the Consent Agenda minus Item B. VOTE: 5 ayes 0 nays Motion Carried Councilmember Trude asked Mike Ulrich, Public Works Supervisor, to give the ackground behind the purchase of the one-ton chlorine cylinders for ~reatment Plant #1. Mike Ulrich, Public Works Supervisor, reported that the plant was built to hold one-ton chlorine cylinders, but the City had to receive permission from the Fire Chief to install those cylinders without the installation of an air scrubber. Permission was granted. The one-ton cylinders will save $3,000 - $4,000 per year in chlorine costs, plus the fact that the cylinders will save labor time in that the cylinders will only have to be changed seven times per year, rather than 2 - 3 times per week. Ulrich explained that there were funds budgeted for other equipment that was not feasible for the_City's operations, therefore, the purchase of more efficient and cost effective one-ton chlorine scales was recommended. The funds for this equipment will betaken out of the Water Capital Improvement Account, 700-4121-703. MOTIONJSECOND: Wuori/Quick to Authorize the Purchase of One-Ton Scales and Related Equipment for Treatment Plant No. 1 to be Taken Out of Account No. 700-4121-703 VOTE: 5 ayes 0 nays Motion Carried RESIDENTS REOUESTS AND COMMENTS FROM THE FLOOR There were no requests nor comments from the residents at this meeting concerning any issues not on the agenda. ~ounds View City Council egular Meeting PUBLIC HEARINGS .Page Three September 27, 1993 7:05 p.m. Consideration of C. U. P. - Donald Pederson, 8368 $pring Lake Rd. Mayor Linke opened the public hearing for the consideration of a Conditional Use_Permit (oversized accessory building), Donald Pederson, 8368 Spring Lake Road at 7:13 p.m. Paul Harrington, City Planner, reviewed Staff Report No. 93-624C stating that the applicant had made application for a 20 ft. x ZO ft. oversized structure on the aforementioned property. Harrington reported that this structure meets the requirements of the Mounds View Municipal Code. Harrington further reported that the Planning Commission approved the request and recommended approval. Harrington stated that he was asking the Council to adopt Resolution No. 4421 Approving a Conditional Use Permit for an Oversized Accessory Building at 8368 Spring Lake Road There were no comments or questions by other Councilmembers or residents. Mayor Linke closed the public hearing at 7:15 p.m. OTION SECOND: Quick/Blanchard to Adopt Resolution No. 4421 Approving a onditional Use Permit for an Oversized Accessory Building at 8368 Spring ake Road VOTE: 5 ayes O nays Motion Carried 7:07 p.m. - Continuation of Public Hearing to Consider the Revocation_of Previously Approved Conditional Use Permit1 John Engberg. 3030 County Road J Mayor Linke continued the public hearing to consider the revocation of a previously approved Conditional Use Permit for John Engberg, 3030 County Road J at 7:16 n.m. Paul Harrington, City Planner, reported. that staff had received a letter from the property owner's attorney contending that the garage in question was built in 1987, at which time a Conditional Use. Permit would have not been necessary for its construction. Harrington reported that he-had consulted with the City's Attorney and was advised. to have Mr. Engberg provide evidence supporting his claim. Mr. Engberg provided the City with canceled checks. Harrington reported that staff is in the process of contacting those parties named on the checks as payees to verify that the goods or services rendered were in regards to the structure in question. Dave Kennedy, City Attorney, stated that the applicant must provide sufficient documentation 'to support the fact that the garage was built prior to 1988. If the City is not satisfied with the documentation provided, the ~ity could proceed with revocation proceedings. ~ounds View City Council Page Four egular Meeting September 27, 1993 Harrington asked Council what other documentation should be provided as proof that the building was built prior to 1988 and asked for Council direction as to what course staff should pursue. Dave Kennedy, City Attorney, stated that the Council should set an end date at which time, if proper documentation or satisfactory proof of construction of the building date has not been received, appropriate action will be taken immediately. A discussion evolved regarding the type of documentation the Council would accept as proof that the building was built prior to 1988. Mayor Linke closed the public hearing at 7:28 p.m. MOTION/SECOND: Linke/Wuori to Postpone the Public Hearing to Consider the. Revocation of Previously .Approved Conditional Use Permit for John Engberg, 3030 County Road J to October 25, 1993 as Last Date to Receive, Proof of Construction of Accessory Building Documentation VOTE: 5 ayes 0 nays Motion Carried 7:10 - Consideration of Request for Conditional Use Permit. Gateway Foods. 390 Hi hwa 10 car wash Mayor Linke opened the public hearing to Consider a Request for Conditional Use Permit, Gateway Foods, 2390 Highway 10 (car wash) at 7:33 p.m. Paul Harrington, City Planner, reviewed Staff Report No. 93-626C regarding a Conditional Use Permit for Gateway Foods, 2390 Highway 10 (car wash). Harrington presented the background of this Conditional Use Permit stating that the first application for Conditional Use Permit with a variance made in May of this year had been denied by the Planning Commission and appealed at the Council level. Harrington reported that the Council concurred with the Planning Commission's decision for denial. Prior to action by the Council, the applicant submitted an alternative site plan which was referred back to the Planning Commission level for consideration. Harrington stated ,that the present site plan requires no variance and has been reviewed by the Planning Commission. Harrington further stated that the Planning Commission has recommended Council approval. At their Council Work Session two major concerns were brought up -- stacking of cars going into the car wash - the owner stated that he would remedy this with proper striping and signage. The other issue was the turning radius to the facility and Harrington investigated and this amount is proper.. Harrington asked the Council to adopt Resolution No. 4422 Approving the Request for a Conditional Use Permit by Gateway Foods, 2390 Highway 10. Tom Boulay, Husky Manufacturing, representative for Gateway Foods reviewed the steps taken to develop a workable site plan for the car wash on the ~roperty. Mounds View City Council ~egular Meeting Page Five September 27, 1993 Mayor Linke stated that a security camera(s) would be set up at the facility and shall be operational 24 hours per day to provide visual observation of the facility by the attendant. Ron Richardson, 2340 Highway 10, owner of Ron's Suds and Shine Car Wash, asked the Council if the same conditions would be placed on this car wash as was placed on his, i.e., an attendant on duty at all times. Mayor Linke closed the public hearing at 7:38 p.m. MOTION/SECOND: Trude/Wuori to Approve Conditional Use Permit (car wash), Gateway Foods, 2390 Highway 10 with the Site Plan Date of September 10, 1993 Added to Item a) and. an Additional Contingency No. 8, "Security camera(s) shall be operational 24 hours per day to provide visual observation of the facility by the attendant." VOTE: 5 ayes 0 nays Motion Carried COUNCIL BUSINESS: A. Tim Cruikshank, Assistant to the City Administrator, reviewed Staff Report No. 93-627C regarding the Adoption of Ordinance No. 528 • Repealing Sunset Clause of Street Light Utility. Cruikshank reported that this ordinance was formally introduced on September 13. Cruikshank further reported that adoption of this ordinance would repeal the .sunset clause of the Street Light Utility and continue its operation and, denial of the ordinance would allow the Street Light Utility to terminate at the end of this year. Cruikshank explained that when the Street Light Utility was created, it was given a sunset date and that the sunset date was set to allow the City Council an opportunity to reevaluate the effectiveness of the Utility, reexamine its rate structure and determine if the Utility would be continued or discontinued. Cruikshank stated that if this Utility were to be continued, the rate structure could be changed via resolution, effective January 1, 1994. MOTION/SECOND: Quick/Wuori to Waive the Reading and Adopt Ordinance No. 528 Repealing Sunset Clause of Street Light Utility Councilmember Trude stated that she had reviewed the 1991 minutes regarding this Utility and also had viewed the video tape from that same time at which time the City was considering an NSP franchise fee and a street light utility as alternate revenue sources. Councilmember Trude stated she did not like the NSP franchise fee. Councilmember Trude stated that, in her opinion, street lights are not the biggest priority at this time in this City. Trude suggested keeping l0~ for • hew streetlights of the $50,000 that is in the account and use the balance to pay for street light electricity each month. The City does generate 3~ tax on electric bills which could be used for shortfalls. Mounds View City Council Page Six ~egular Meeting September 27, 1993 Mayor Linke stated that the NSP franchise sunsets in four years. .The City used $148,000 to buy down the budget last year and will use $125,000 next year. Mayor Linke stated he feels uneasy about using a source that could be non-existent. Mayor Linke stated that the City has better control over the utility. than funding from the taxes. Linke stated that in 1992 and 1993 if this utility had been put on the taxes, the taxes would have gone up to raise the same amount of money. Linke explained that when the street light utility was set up, the rates were figured too high. If this Utility were to be continued, rates could be adjusted down to alleviate excess funds. A discussion took place amongst the Council regarding adjustment of the street light utility rates and the surplus in the Street Light Utility Fund. This discussion involved how the rate would be established, policy for rate structuring, rate decreases and rate increases. Trude stated that a policy should be set at the time the ordinance is approved regarding a rate structure. Mayor Linke stated .that he needs the information that the Police Department has been requested to provide to the City Council regarding installing of new street lights. This will help Mayor Linke with the rate structure. Councilmember Blanchard stated that the surplus in this utility account should be diminished and funds should be taken from the gas and electric franchise fees to maintain, install and pay the electricity for the street lights. Mayor Linke asked Councilmember Blanchard if she were in favor then of making the gas and electric franchise fee permanent. Councilmember Blanchard stated that in four years, in her opinion, it would be permanent anyway. This is an appropriate time to eliminate one of the ut i 1 ity fees . Councilmember Trude brought up giving the residents a break on their street light utility bills at this time as they have overpaid their utility and raise the fee later if necessary. Mayor Linke explained that, in his opinion, this. is like giving a gift today and yanking it back tomorrow. Mayor Linke would rather give the gift over a time period rather than all at once and then have to raise the rates drastically. Alice Frits, 8072 Long Lake Road, stated that she has a problem with the City taking money out of her pocket and letting~it sit. • Mayor Linke asked Ms. Frits if she would rather have the fee drop and then have to face a raise again. Mounds View City Council ~egular Meeting Page Seven September 27, 1993 Ms. Frits stated that she pays her bills as they come in and wouldn't mind if that was what had to be. Councilmember Quick stated that he knows the rate has to be adjusted. Quick also stated that the Council set out to develop the utility. Quick stated that one month ago Council directed staff to look at street light needs so Council .could make a decision on the rates. Quick stated that the Council has always worked in a very diligent way. The Council is always wide open to the public -- although, some people have different remembrances. Quick stated this Utility was set up, the plan was. reviewed, and then the utility was given some time so that the rates could be reviewed. Councilmember Quick stated that the water and sewer utility was set up in 1982 or 1983. This utility also had to develop a track record just as the street light utility did. Quick further stated that if the State continues to shift the burdens, the City will-have to continue to adjust. Quick stated, in his opinion, it won't get better. The utilities are reassessed every year. Every year the legislature changes its plans. If the City doesn't adjust it will be like the dodo bird and won't exist. i Bill Frits stated that the utility should sunset and the City would have to make necessary changes. Ruth White, 2917 County Road I, suggested that the Council extend the utility sunset for one year and then bring it up for public debate. White stated that the Council should try to cooperate or be compatible with the public and show good faith by extending the sunset on the utility at this time and bringing it up in one year. Councilmember Trude suggested amending the motion. Kennedy stated that the street light ordinance could be renumbered if amendments were made to the ordinance. Kennedy reminded the Council that this second reading of the ordinance is to consider the repeal of the sunset of the ordinance. MOTION/SECOND: Trude/Linker Amend and Repeal Ordinance No. 528 by adding Section 3 and Renumbering the Remainder of the Sections to Correspond. Section 3 to read, "The rates set by the ordinance shall be just and reasonable with the goal to recover expenses. Rates will be reviewed annually in light of this goal." Councilmember Quick stated that this is duplicating the Charter. • VOTE: 1 aye 4 nays Motion. Failed Mounds View City Council Page Eight ~egular Meeting September 27, 1993 Mayor Linke called for the vote on the motion made by Councilmember Quick and seconded by Councilmember Wuori. ROLL CALL VOTE: Mayor Linke - aye Councilmember Blanchard.- nay Councilmember Quick - aye Councilmember Trude - nay Councilmember Wuori - aye Motion Carried B. Mike Ulrich, Public Works Supervisor, reviewed Staff Report No. 93- 628C, regarding-award of bid for concrete work to Dave Wallace in the Amount of $5,516.00. Ulrich stated that the City can save $1,650.00 if Council agreed to have. in-house Staff remove the existing sidewalk and dispose of the old concrete. This removal project would consist. of 3-4 men minimal work crew, for a full day which would delay the current day's job. MOTIONJSECOND: Trude/Wuori to Award Not to Exceed $3,866.00 for Concrete Contingency Account #100-4500-910 to • In-House Staff to Remove Existing Co VOTE• 5 ayes 0 nays REPORTS• Bid to Dave Wallace for an Amount Work to be Transferred from Account #100-4190-121 and to Use ncrete Entry Walk Motion Carried 1. Report of Councilmembers: Councilmember Blanchard - No report. Councilmember Wuori - No report. Councilmember Quick - No report. Councilmember Trude- No report. 2. Report of Mayor: Mayor Linke a. Mayor Linke announced that Irondale would be conducting a band fest this weekend. The bands will go through their routines and be judged on the same. Awards will be given. 3. Report of Administrator: Samantha Orduno reported as part of the acquisition of the Watson property for the golf course, the City must assume the clean-up of the Mounds View City Council ~egular Meeting Page Nine September 27, 1993 site. Orduno stated that the Golf Course Task Force decided that it would be better to clean up the site in the Fall rather than try to clean the site up in the Spring when it would be wet. The date of October 9 beginning at 8:00 has been set as time and date for clean-up. The cost for clean up will be $15,000. The surrounding cities have used this area as an illegal dumping site for years. There are old //= tires, appliances,- roofing shingles and other debris on the grounds`of the site.. The Task Force will mobilize the volunteers. Eagle Scouts have volunteered. Orduno announced that anyone wanting to participate in this clean up activity should contact Mary Saarion, Parks, Recreation and Forestry Director. There will be door prizes given out, raffles held, and food. Included in the clean-up activities will be continuous roll off service of garbage dumpsters and appliance dealers. Orduno stated that a flyer is being distributed to encourage people to help clean up the site. Councilmember Wuori stated that the Girl Scouts should be contacted. Mayor Linke suggested that the golf coach from Irondale be contacted. MOTION/SECOND: Quick/Blanchard Set the Date of Saturday, October 9, 1993 as the Golf Course Site Clean-Up Day and Authorize the Expenditure • of $15,000 for Clean-Up Activities to be Charged to 698-4120-303 .VOTE: 5 ayes 0 nays Motion Carried Bill Frits cautioned the City on having kids clean-up some of the areas at the site as it would be very dangerous. 4. Report of Attorney: No report. Mayor Linke announced the dates and times of the next Council Work Session and the next Council Meeting. ADJOURNMENT There being no further business before this Council, Mayor Linke adjourned the meeting at 8:58 p.m. Respectfully submitted, Mi ele Severson Recording Secretary