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HomeMy WebLinkAboutMinutes - 2011/12/12PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting December 12, 2011 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 7:10 P.M. 1. MEETING IS CALLED TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Flaherty, Stigney, Hull, Mueller, Gunn. NOT PRESENT: None. 4. APPROVAL OF AGENDA A. Monday, December 12, 2011, City Council Agenda. MOTION/SECOND: Mueller/Hull. To Approve the Monday, December 12, 2011, agenda as presented. Ayes – 5 Nays – 0 Motion carried. 5. PUBLIC INPUT None. 6. SPECIAL ORDER OF BUSINESS None. 7. COUNCIL BUSINESS A. 7:05 p.m. Public Hearing – 2012 Tax Levy and Budgets for All Funds. 1. Resolution 7866, Adopting the 2012 Tax Levy. Finance Director Beer stated that the 2012 tax levy has no increase over 2011. He reviewed the fund levies requested for 2012 and recommended adoption of the 2012 tax levy. Mayor Flaherty opened the public hearing at 7:12 p.m. Hearing no public input, Mayor Flaherty closed the public hearing at 7:12 p.m. Mounds View City Council December 12, 2011 Regular Meeting Page 2 Council Member Mueller thanked staff for the cost savings achieved with the Fire Bonds. She appreciated that the information was included within the Resolution. Mayor Flaherty congratulated the Council and staff for their diligence in creating the 2012 tax levy with a 0% increase. MOTION/SECOND: Mueller/Gunn. To Waive the Reading and Adopt Resolution 7866, Adopting the 2012 Tax Levy. Ayes – 5 Nays – 0 Motion carried. 2. Resolution 7867, Adopting the 2012 Budgets for All Funds. Finance Director Beer provided the Council with a summary of the General Fund Budget. He noted the 2012 budget was approximately $200,000 less than the 2011 budget. He recommended the Council adopt the 2012 budget for all funds. Mayor Flaherty opened the public hearing at 7:17 p.m. Hearing no public input, Mayor Flaherty closed the public hearing at 7:17 p.m. MOTION/SECOND: Gunn/Hull. To Waive the Reading and Adopt Resolution 7867, Adopting the 2012 Budgets for All Funds. Council Member Stigney indicated he was pleased there was not an increase in the tax levy, but he felt there were several unnecessary increases and for that reason, he would not support the 2012 budget. Ayes – 4 Nays – 1 (Stigney) Motion carried. B. 7:10 p.m. Public Hearing – Review Possible Amendments to Resolution 7444, a Resolution Approving a Conditional Use Permit for Outdoor Seasonal Sales at Robert’s Sports Bar and Entertainment, located at 2400 County Road H2. City Administrator Ericson stated the City has been receiving complaints from residents regarding inconsistent usage with regard to outdoor sales at Robert’s Sports Bar. Telephone discussions have been held with the business owner, Mr. Halverson. The business owner requested an expansion to the CUP to allow for sales Monday through Saturday, with produce sales Saturday and Sunday from 11:00 a.m. - 6:00 p.m. City Administrator Ericson explained that the auto sales operation was sponsored by the property owner and required a separate CUP. The owner has not made application for this use. He requested direction from the Council on how to proceed. Staff did not feel the site could support Mounds View City Council December 12, 2011 Regular Meeting Page 3 the numerous uses. He indicated Mr. Halverson was given notice of the public hearing and invited to attend this evenings meeting. Mayor Flaherty opened the public hearing at 7:22 p.m. Hearing no public input, Mayor Flaherty closed the public hearing at 7:22 p.m. Mayor Flaherty questioned if the Council was free to speak on this issue. City Administrator Ericson noted the business was temporarily closed, but may still operate on the weekends. Mr. Halverson was planning to come before the Council with additional information. Beyond this issue, the outdoor sales would still need to be addressed by the Council. Council Member Mueller indicated she has received a number of calls regarding this property and the Saturday/Sunday sales. She commented the community found this to be an eyesore. She questioned if the previously approved CUP remained with the property. City Administrator Ericson stated this was the case. Council Member Mueller noted that the previously approved CUP listed specific dates and times when sales could occur. She felt the CUP should be upheld and not expanded. In addition, the activity being conducted that was not allowed in the permit should cease. Council Member Hull asked why the property owner has not applied for a vehicle sales permit. City Administrator Ericson noted Mr. Halverson has been told this was a violation and that a permit was required. He indicated numerous complaints were being made to the City. Council Member Mueller expressed frustration that the City had taken no action to date. Council Member Stigney did not support expansion of the CUP. He questioned if the currently CUP allowed for person-to-person sales. City Attorney Riggs noted the current CUP allowed for outdoor sales, but this did not include auto sales. He recommended the Council enforce the existing CUP. Council Member Hull indicated the outdoor sales has taken place over the past two years and questioned how the City could enforce the issue now. City Administrator Ericson explained the City would bring the issue to the prosecuting attorney to enforce the City Code. The terms of the CUP were not being followed. The City has informed the property owner of the need for an auto sales permit on several occasions and the property owner has failed to comply. Council Member Gunn commented she was not in favor of expanding the CUP or increasing the hours of outdoor sales. She recommended the auto sales be removed from the site. She questioned if the CUP could be removed from the property. City Administrator Ericson indicated this would be a right of the Council to hold a hearing to rescind a CUP. Mayor Flaherty indicated when this was first approved in 2009, the CUP was followed. Over time, the property owner has exceeded the dates and times of outdoor sales, along with the Mounds View City Council December 12, 2011 Regular Meeting Page 4 permitted vendors. He recommended the original CUP be enforced. He did not support any extension to the CUP. Mayor Flaherty indicated the auto sales was not permitted and requested that staff take action to remove the cars as this was not an owner-to-owner sales. Council Member Hull recommended the CUP be rescinded at this time. City Attorney Riggs suggested staff be directed to enforce the original CUP and that the CUP be rescinded at a future date if the site is not brought into compliance. Council Member Gunn requested a timeline be set on the enforcement. City Administrator Ericson agreed that sales should not be occurring at this time and recommended staff be allowed time to take action against the property owner to bring the site into compliance. A court citation could be issued if the site was non-compliant. MOTION/SECOND: Flaherty/Stigney. To direct staff to enforce the original CUP with notification being made to the property owner. Ayes – 4 Nays – 1 (Hull) Motion carried. Mayor Flaherty questioned how the Council should proceed with the auto sales. City Attorney Riggs recommended the Council direct staff to inform the property owner the auto sales were not within the confines of the CUP and that the City Code be enforced. MOTION/SECOND: Mueller/Gunn. To direct staff to inform the property owner the auto sales is not within the confines of the CUP and that City Code be enforced. Ayes – 5 Nays – 0 Motion carried. C. Resolution 7870, Approving a Charitable Gambling Permit for CLIMB Theater, Inc., to Conduct Charitable Gambling at The Mermaid. Assistant City Administrator Crane stated the CLIMB Theater, Inc. has requested a charitable gambling permit to conduct charitable gambling at The Mermaid. An application was submitted, but was not in compliance as CLIMB Theater, Inc. was located in Woodbury which was outside of the Mounds View trade area. The CLIMB Theater was before the Council this evening to appeal this requirement. Laurie Glessing, gambling manager of CLIMB Theater, requested a charitable gambling permit be approved. Ms. Glessing reviewed the many benefits CLIMB Theater provided to the Mounds View area. She noted 17 plays were brought to the Mounds View trade area serving over 10,000 students in the past year. The cost of these plays and productions were reduced due to funds raised through charitable gambling. In order to ensure these services can continue, a charitable gambling request was being made to support the programs. Mounds View City Council December 12, 2011 Regular Meeting Page 5 Ms. Glessing noted The Mermaid requested CLIMB Theater charitable gambling be located at their site. She then reviewed a number of letters of approval describing the great work completed by CLIMB Theater. It was noted there was a reduction in bullying in the schools CLIMB had presented productions in. She noted CLIMB received the Sarah Spencer Award in 2010 and only one other theater in Minnesota has ever achieved this award. Ms. Glessing indicated 75% of the charitable gambling earnings would support the CLIMB Theater in this community. She requested the Council support the permit to allow for charitable gambling at The Mermaid. Council Member Mueller asked what type of charitable gambling would occur at The Mermaid. Ms. Glessing stated pull-tabs and meat raffles would be conducted for CLIMB. Council Member Mueller questioned if more than one organization could hold charitable gambling at The Mermaid. Assistant City Administrator Crane explained that multiple organizations could be located at one site. Mayor Flaherty felt that CLIMB was a responsible partner to this City and the Mounds View trade area. He indicated the skills taught by this organization were valuable and served the community well. He did not object to allowing the charitable gambling request for CLIMB Theater. Council Member Gunn noted she was privileged to view two performances by CLIMB and was pleased with how each was received by the students in the community. She fully supported the charitable gambling request. MOTION/SECOND: Gunn/Stigney. To Waive the Reading and Adopt Resolution 7870, Approving a Charitable Gambling Permit for CLIMB Theater, Inc., to Conduct Charitable Gambling at The Mermaid. Ayes – 5 Nays – 0 Motion carried. D. Resolution 7864, Authorizing the Abatement of Nuisance Code Violations at 8379 Red Oak Drive. Code Enforcement Officer Anderson reviewed the code violations at 8379 Red Oak Drive in detail. He explained the City was notified of the violations in October of 2011. The lot was a vacant dwelling with a great deal of outdoor storage and inoperable vehicles. Staff notified the property owner, Ann Moe, of this evening’s hearing. He recommended the Council authorize the abatement of the nuisance code violations with a five day window. Mayor Flaherty questioned what would happen to this property if the abatement were to occur. Code Enforcement Officer Anderson explained garbage was removed and items of value would be removed and placed in storage. The property owner would need to pay the storage fees in order to recover these items. Schaillea Morse, daughjer of the property owner, stated the property had been cleaned and Mounds View City Council December 12, 2011 Regular Meeting Page 6 presented the Council with pictures taken by the Mound View Police Department. Mayor Flaherty indicated the City had no recourse but to go after the property owner to ensure that site would be cleaned. Ms. Morse stated the site was clean and the list received from the City was reviewed. Mike Morse explained a trespassing notice has been posted on the site to ensure no further items were stored or left on the site. He questioned when he could sell the items left on site. City Attorney Riggs indicated abandoned items left on the site could be removed or sold by the property owner after proper notification has been made. He recommended a reputable company be used for the abatement to ensure that items were held for the property timeline. Mayor Flaherty recommended the property owners continue to work with City staff to ensure that all items were taken care of. MOTION/SECOND: Flaherty/Hull. To Waive the Reading and Adopt Resolution 7864, Authorizing the Abatement of Nuisance Code Violations at 8379 Red Oak Drive. Council Member Gunn indicated the Council was going through the formality of the process to place the abatement on the record. She thanked the property owner for working with the City on this issue. Ayes – 5 Nays – 0 Motion carried. E. Resolution 7865, Approving the Minor Subdivision of a Vacant Parcel adjacent to 2565 & 2573 Sherwood Road. Planning Associate Heller explained the Council was being requested to approve a minor subdivision of a vacant parcel adjacent to 2565 and 2573 Sherwood Road. She reviewed the location and noted Parcel A would be subdivided and sold to neighbor Joe Holl at 2573 Sherwood Road. Planning Associate Heller indicated the city is requiring that the parcels would have to be tax combined in order to allow for an accessory structure to be built on the additional property. She explained Parcel B was landlocked, while Parcel A has platted road frontage and could possibly have access to unimproved Greenwood Drive, which made it a potentially buildable lot. If either of the lots were developed in the future, park dedications fees would need to be paid to the City. She stated the Planning Commission recommended approval. Mayor Flaherty requested further information on how an accessory structure could be built. Planning Associate Heller stated if the parcels were tax combined an accessory structure would be allowed. If the parcels were separated, the lot would have one year to be developed, or the accessory structure would have to be removed. MOTION/SECOND: Gunn/Mueller. To Waive the Reading and Adopt Resolution 7865, Mounds View City Council December 12, 2011 Regular Meeting Page 7 Approving the Minor Subdivision of a Vacant Parcel adjacent to 2565 & 2573 Sherwood Road. Ayes – 5 Nays – 0 Motion carried. F. Resolution 7869, Approving the Release of Development Agreement No. 03- 126B between the City of Mounds View and Moundsview Jake’s Inc. Planning Associate Heller stated in 2002, Jake’s Restaurant developed and purchased a vacant outlot for additional parking. A Developer’s Agreement was entered into between Jake’s and the City for the new parking lot. The site was now being sold, and the Developer’s Agreement is no longer needed. The buyer is requesting that the city take formal action to release the agreement. Staff recommended the Council release Developer’s Agreement No. 03-126B. MOTION/SECOND: Mueller/Stigney. To Waive the Reading and Adopt Resolution 7869, Approving the Release of Development Agreement No. 03-126B between the City of Mounds View and Moundsview Jake’s Inc. Ayes – 5 Nays – 0 Motion carried. G. Resolution 7871, Setting the 2012 City Council Meeting Dates, Staff Retreat and the 2012 Town Hall Meeting. City Administrator Ericson reviewed the 2012 Council meeting dates in detail. He noted there were several holidays that would require Council meetings to be rescheduled. He recommended February 15th, February 20th or February 22nd for the Staff Retreat at the Random Park building. The Town Hall meeting was tentatively scheduled for April 16th. Mayor Flaherty questioned when the Council was available for the Staff Retreat. Council Member Mueller was available for the Staff Retreat on any of the suggested dates. Council Member Gunn agreed. The Council was in favor of holding the Staff Retreat on Monday, February 20th. City Attorney Riggs indicated this was President’s Day and the Council could not hold a meeting on this holiday. City Administrator Ericson asked if the Council was available on February 21st. Council Member Mueller was in favor of meeting on Thursday, February 16th. The Council was in agreement. The Council supported holding the Town Hall meeting on April 16th. MOTION/SECOND: Gunn/Hull. To Waive the Reading and Adopt Resolution 7871, Setting Mounds View City Council December 12, 2011 Regular Meeting Page 8 the 2012 City Council Meeting Dates, Staff Retreat and the 2012 Town Hall Meeting. Ayes – 5 Nays – 0 Motion carried. H. Resolution 7872, Approving Various Appointments to City Commissions and Committees. Assistant City Administrator Crane requested the Council approve the appointments to City Commissions and Committees for 2012. She reviewed the positions in need of reappointment noting the Park and Recreation Committee had one open seat. She explained that Dave Long was willing to serve until a new volunteer could be appointed. Assistant City Administrator Crane stated the Planning Commission recommended three existing members to the open seats for 2012. The Police Civil Service Commission received one reappointment application and one new volunteer. Former Police Chief Tim Ramacher would be filling the additional open seat. Assistant City Administrator Crane noted the Street and Utility Committee had one vacant seat, along with the Charter Commission. She recommended that those interested in volunteering contact City Hall for further information on these positions. Council Member Mueller questioned how volunteers were recognized for their service to the City. Assistant City Administrator Crane stated volunteers were presented with a certification of appreciation. MOTION/SECOND: Mueller/Hull. To Waive the Reading and Adopt Resolution 7872, Approving Various Appointments to City Commissions and Committees. Council Member Mueller thanked all who volunteer in the City and encouraged residents to step forward and serve. Ayes – 5 Nays – 0 Motion carried. I. Resolution 7873, Approving a Step Wage Increase for Sergeant Benjamin Zender of the Mounds View Police Department. Assistant City Administrator Crane indicated Sergeant Benjamin Zender has been determined to have completed his job in a satisfactory manner by Deputy Chief Steve Menard. Staff recommended the step wage increase from Step 3 to Step 4 for Sergeant Zender of the Mounds View Police Department. The step wage increase would be effective December 14, 2011. MOTION/SECOND: Mueller/Gunn. To Waive the Reading and Adopt Resolution 7873, Approving a Step Wage Increase for Sergeant Benjamin Zender of the Mounds View Police Department. Mounds View City Council December 12, 2011 Regular Meeting Page 9 Ayes – 5 Nays – 0 Motion carried. J. Resolution 7876, Accepting Work for the 2010 Street and Utility Improvement Project – Area B/C and Authorizing Final Payment to Northwest Asphalt, Inc. Public Works Director DeBar indicated Northwest Asphalt was the contractor used for Areas B and C of the Street and Utility Improvement Project. He stated the work was substantially completed on November 9, 2011. A punch list was created by the City and all work was completed by the contractor. Public Works Director DeBar explained the City was extremely happy with the work completed by Northwest Asphalt and its subcontractors. He noted there were no change orders for Area B or C. In addition, the work was completed for $207,055.51 below the estimated contract amount. The remaining final payment due to Northwest Asphalt was $101,715.63. Staff recommended authorization of the final payment. Mayor Flaherty questioned if the City could still hold the contractor to its warranty if the final payment is made. City Attorney Riggs indicated the contractor offered a one year warranty and had a surety bond in place through November of 2012. Finance Director Beer stated the City could not withhold payment for work completed. MOTION/SECOND: Mueller/Hull. To Waive the Reading and Adopt Resolution 7876, Accepting Work for the 2010 Street and Utility Improvement Project – Area B/C and Authorizing Final Payment to Northwest Asphalt, Inc. Ayes – 5 Nays – 0 Motion carried. K. Resolution 7877, Approving a Non-Standard Street Design for Sunnyside Road in Area E of the Street and Utility Improvement Program. Public Works Director DeBar stated the Street and Utility Task Force developed standards for all City streets. He noted Sunnyside Road was the only non-standard street in Area E. Meetings have been held between the committee and residents along this roadway to discuss its configuration. The standards require that each direction have unimpeded flow with designated parking, if space allows. Public Works Director DeBar stated the Committee recommended the roadway be 32 feet in width with parking along the west side. In order to use State Aid funds, the east side of the roadway would have to be signed “No Parking”. This was a State Aid requirement. He requested the Council approve the non-standard street design for Sunnyside Road in Area E. Council Member Mueller asked if the additional width would affect the roadway. Public Works Director DeBar stated Stantec would provide this information and the additional two feet would be taken equally from both sides of the roadway. Mounds View City Council December 12, 2011 Regular Meeting Page 10 Mayor Flaherty questioned if the center line would remain on this roadway. Public Works Director DeBar stated he did not have an update but would when the final plans were presented to the Council in February. Council Member Mueller inquired about the timeline for the Area E Street and Utility Improvement Project. Public Works Director DeBar stated the City was on schedule to bid and complete the project early next spring. The storm water plan would need a 30 day review by the Rice Creek Watershed District. MOTION/SECOND: Mueller/Stigney. To Waive the Reading and Adopt Resolution 7877, Approving a Non-Standard Street Design for Sunnyside Road in Area E of the Street and Utility Improvement Program. Ayes – 5 Nays – 0 Motion carried. L. Resolution 7878, Approving a Delegated Contracting Process Agency Agreement with the Minnesota Department of Transportation for Federal Aid Funding of Transportation-Related Projects. Public Works Director DeBar stated that on occasion the City pursues Federal funding for transportation related projects. The City is eligible for several different funding opportunities. These monies on a federal level, were administered through the Federal Highway Administration and delegated through MnDOT. MnDOT acted as the local government agent for both the County and the City Public Works Director DeBar indicated the City used this program for recent trail improvements and may utilize future funds for County Road 10 improvements. The last update to the program was made January 26, 2009. Staff recommended the Council approve a Delegated Contracting Process Agency Agreement with MnDOT to allow for Federal Aid. MOTION/SECOND: Mueller/Hull. To Waive the Reading and Adopt Resolution 7878, Approving a Delegated Contracting Process Agency Agreement with the Minnesota Department of Transportation for Federal Aid Funding of Transportation-Related Projects. Ayes – 5 Nays – 0 Motion carried. 8. CONSENT AGENDA Mayor Flaherty asked to remove Item A. A. Resolution 7874, Approving the Recording Secretary Service Agreement with TimeSaver Off Site Secretarial, Inc. Mounds View City Council December 12, 2011 Regular Meeting Page 11 B. Resolution 7868, Approving an Agreement with the Greater Metropolitan Housing Corporation (GMHC) for Housing Resource Center (HRC) Services in 2012. C. Resolution 7863, Approving the 2012 SCORE Recycling Grant Request to Ramsey County. D. Resolution 7875, Approving the Mounds View Government Channel 16 Policy. MOTION/SECOND: Mueller/Gunn. To Approve the Consent Agenda Items B, C and D. Ayes – 5 Nays – 0 Motion carried. A. Resolution 7874, Approving the Recording Secretary Service Agreement with TimeSaver Off Site Secretarial, Inc. Mayor Flaherty recognized TimeSaver Secretarial for not increasing their service fees to the City. He appreciated the work completed by this organization on behalf of the City. MOTION/SECOND: Flaherty/Stigney. To Waive the Reading and Adopt Resolution 7874, Approving the Recording Secretary Service Agreement with TimeSaver Off Site Secretarial, Inc Ayes – 5 Nays – 0 Motion carried. 9. JUST AND CORRECT CLAIMS Finance Director Beer answered the Council's questions related to claims. MOTION/SECOND: Gunn/Hull. To Approve the Just and Correct Claims as presented. Ayes – 5 Nays – 0 Motion carried. Mounds View City Council December 12, 2011 Regular Meeting Page 12 Chris Johnson, 8200 Long Lake Road, spoke regarding previous action items Resolution 7865 and asked why the neighboring property owners were not notified of the proposed subdivision. City Administrator Ericson explained that City Code does not require that adjacent property owners be notified of minor subdivisions. Mr. Johnson stated he owned the land north of this parcel and was frustrated he was not able to voice his opinion regarding the subdivision. He expressed concern that the subdivision would reduce the possibility of him developing his lot in the future. The future redevelopment would need that space for water storage. City Administrator Ericson indicated all City requirements were met within the proposed subdivision and the City had no reasons to deny the request. He did not see that the subdivision would inhibit further development to the north. He indicated the City would forward the necessary subdivision information to Mr. Johnson. Staff encouraged Mr. Johnson to speak with the neighboring property owners to discuss the potential subdivision. 10. APPROVAL OF MINUTES A. November 14, 2011, City Council Meeting Minutes. Council Member Mueller requested a correction on Page 5, Line 36 explaining the verb “stated” should be added to her comment. MOTION/SECOND: Gunn/Hull. To Approve the November 14, 2011, City Council meeting minutes as corrected. Ayes – 5 Nays – 0 Motion carried. B. November 28, 2011 City Council Meeting Minutes. MOTION/SECOND: Gunn/Mueller. To Approve the November 28, 2011, City Council meeting minutes as presented. Ayes – 5 Nays – 0 Motion carried. 11. REPORTS A. Reports of Mayor and Council. Council Member Mueller questioned when the Mounds View Business Council meeting was scheduled. Mayor Flaherty indicated this meeting would be held on Wednesday, December 11st at the Community Center. Council Member Mueller noted she would be attending her first Ramsey County Dispatch Committee meeting at the Maplewood City Hall next Thursday, December 22nd. Mounds View City Council December 12, 2011 Regular Meeting Page 13 Mayor Flaherty noted he would be attending the North Metro Mayor’s Association meeting on December 14th at Bunker Hills in Coon Rapids, Minnesota. City Administrator Ericson would also be in attendance. The special speaker for the event would be Governor Dayton. Mayor Flaherty stated the Lion’s were holding a breakfast at Edgewood Middle School on Saturday, December 17th from 9:00 p.m. to 1:00 p.m. He encouraged all to attend the event to support the Lion’s. Council Member Mueller wished everyone in the community a safe and blessed holiday season. Mayor Flaherty also wished everyone in the City a joyful holiday season. B. Reports of Staff. 1. Reminder – City Council Meeting on Tuesday, December 27th is cancelled. City Administrator Ericson reminded the City that the Council Meeting scheduled for Tuesday, December 27th was cancelled. C. Reports of City Attorney. City Attorney Riggs had nothing additional to report. 12. Next Council Work Session: TUESDAY, January 3, 2012, at 7:00 p.m. Next Council Meeting: Monday, January 9, 2012, at 7:00 p.m. 13. ADJOURNMENT The meeting was adjourned at 9:19 p.m. Transcribed by: Heidi Guenther TimeSaver Off Site Secretarial, Inc.