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HomeMy WebLinkAboutMinutes - 2012/04/23PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting April 23, 2012 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 7:00 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, April 23, 2012, City Council Agenda. MOTION/SECOND: Mueller/Hull. To Approve the Monday, April 23, 2012, agenda as presented. Ayes – 5 Nays – 0 Motion carried. 5. PUBLIC INPUT None. 6. SPECIAL ORDER OF BUSINESS A. Arbor Day Proclamation. Mayor Flaherty read a proclamation in full declaring Wednesday, April 25, 2012, to be Arbor Day in the City of Mounds View. He was proud that Mounds View has been declared a Tree City for the past 30 years and encouraged all residents to plant trees to further enhance the City. B. Building Safety Month Proclamation. Mayor Flaherty read a proclamation in full declaring May to be Building Safety Month. He encouraged those in the community to join in activities that increase building safety awareness. 7. COUNCIL BUSINESS Street & Utility Improvement Project Area E Curb Cut Appeals: Resolution 7927 – 5177 Red Oak Drive Planning Associate Heller stated after reviewing Area E in detail, she found several properties with non-conforming driveways. Through the Street and Utility Improvement Project, the City has been bringing non-conforming driveways into compliance. Letters were sent to these property owners and two properties have made appeals. The property at 5177 Red Oak Drive has a driveway width that exceeds the maximum allowable curb cut. Permits were not pulled for this non-conforming use. She recommended the driveway width be reduced to meet the City standards. Dayton Ward, 5177 Red Oak Drive, provided a history of his property to the Council. Mr. Ward stated he has lived there since 1968. At the time, the home had a single car garage and single width driveway. Eventually he added 14 feet onto the garage and in 1998; he replaced the original driveway with concrete. Mr. Ward explained that the City Code addressing driveway widths was approved in 2008, which was 10 years after the completion of his driveway. He commented he was advised by the City he did not need a permit in 1998 as he was not changing any structures. Mr. Ward requested the Council allow his driveway width to remain. Mayor Flaherty questioned who told him he did not need a building permit in 1998. Mr. Ward stated he came to City Hall and was told this information by staff. Lillian Ward, 5177 Red Oak Drive, stated she has lived in her home for 44 years and loves the City of Mounds View. She explained that she and her husband had a vested interest in the community. Ms. Ward commented she and her husband invested a great deal of money in the driveway and landscaping in 1998. She added that her sprinkler system would also be torn up with the street improvement project. Ms. Ward questioned why her property was not grandfathered into compliance through the Resolution approved in 2008, as her improvements were made prior to that date. She was pleased that her road would be getting a curb and requested the Council allow the driveway width to remain. Council Member Gunn asked what the Wards had parked beside their garage. Mr. Ward stated they had a 30-foot travel trailer parked alongside the garage. He indicated backing in his trailer would be hindered through the reduction of his driveway width. Council Member Mueller questioned if a portion of the driveway would be torn out and re-poured through the street improvement project. Public Works Director DeBar stated a five-foot transition patch was typical for most properties. The Ward’s driveway would be replaced with concrete. He then described how the driveway taper would be aligned if the curb width were brought into compliance. He estimated that four feet of the driveway would be lost. Mayor Flaherty inquired if the right side of the driveway could be reduced given that this side of the driveway expanded four feet beyond the garage door. Mr. Ward stated there was approximately three feet of extra concrete on this side of the driveway. Mayor Flaherty asked if the Wards were aware that their concrete would be torn up through the street improvement project. Mr. Ward understood that five feet would be torn up. Mayor Flaherty recommended that the driveway width be reduced and that the four feet be removed from the right side of the driveway instead of the left. Mr. Ward indicated he would be in favor of keeping the driveway width as is. He questioned if the City would allow him to have a driveway width of 26 feet. This would allow for a one-foot reduction on each side of the driveway. Council Member Mueller stated the modification to 26 feet would be a nice compromise. Council Member Gunn agreed. Council Member Hull also agreed and noted this would allow the curb cut to be more centered. MOTION/SECOND: Mueller/Hull. To Waive the Reading and Adopt Resolution 7927, approving a 26-foot driveway exception for the driveway appeal through the Street and Utility Improvement Project in Area E for the property at 5177 Red Oak Drive. Council Member Stigney commented that a 24-foot driveway would work at this property and he felt the Council should abide by current City Code. Mayor Flaherty indicated he was hesitant to modify the driveway width against the City’s existing codes. He did not want to see a precedence set through this property. However, he also knew that the Wards have been diligent in improving their property over the past 44 years. Because the Wards came to the City with their original driveway request, he would support the two-foot exception. Council Member Gunn asked if any driveways in Areas A, B, C and D were wider than 24 feet. Public Works Director DeBar was not aware of any driveways wider than 24 feet. He stated there have been several second driveway curb cut requests, however. Council Member Gunn supported the 26-foot driveway request. Council Member Stigney reviewed City Code with the Council stating wider curb cuts had to be justified and detrimental to the homeowner. He indicated the 24-foot driveway would be sufficient. He explained he would not support the exception. Council Member Mueller stated the Wards have lived in the community for over forty years and have made a request to the City for a compromise. Mayor Flaherty commented the Wards have an improved surface for their trailer and did approach the City before installing the driveway in 1998. Ayes – 4 Nays – 1 (Stigney) Motion carried. City Administrator Ericson commented it would be the property owner’s responsibility to remove the sprinkler system in the City’s right-of-way. Mr. Ward questioned when the Area E construction would begin. Mayor Flaherty noted there would be a neighborhood meeting on Wednesday night to discuss the construction timeline. Resolution 7928 – 5176 Longview Drive Planning Associate Heller stated after reviewing Area E in detail she found several properties with non-conforming driveways. Through the Street and Utility Improvement Project, the City has been bringing non-conforming driveways into compliance. The property at 5176 Longview Drive has a driveway width that exceeds the maximum allowable curb cut. The current homeowners have been living in the home since last November and did not create the situation. The driveway width was at 27 feet and the homeowners are requesting to keep it as is. William and Jenna Bohl, 5176 Longview Drive, indicated he just moved into the home in November and was unaware of the planned street improvements. This was their first home and the driveway situation was preexisting. Mr. Bohl requested the Council allow for the driveway width be grandfathered in. Council Member Mueller questioned if an angle to the left side of the driveway would prohibit access to the third car garage. Ms. Bohl stated this could hinder access. Mayor Flaherty welcomed the Bohl family to the City of Mounds View. He asked if the third car garage was used frequently. Ms. Bohl noted the third stall garage was used for storage and guest parking. She understood that only a foot and a half would be taken off each side of the driveway, but stated the look of the drive would be altered dramatically. Mayor Flaherty questioned when the garage addition was completed. Planning Associate Heller stated this was done in 1976. Ms. Bohl requested staff provide a visual on how the new driveway would be aligned with the roadway. Planning Associate Heller and Public Works Director DeBar provided a drawing of the new alignment. Council Member Mueller asked if the homeowners wanted three feet of one side or a foot and a half off of each side. The Bohl’s were in favor of removing three feet from the left side of the driveway due to the fact the third stall was used less frequently. MOTION/SECOND: Stigney/Mueller. To Waive the Reading and Adopt Resolution 7928, approving the curb cut reduction to 24 feet through the Street and Utility Improvement Project in Area E for the property at 5176 Longview Drive. Mayor Flaherty apologized to the Bohl’s stating he did not see a hardship with this property other than aesthetics. He was certain the City would work with the homeowners to taper the apron properly. City Administrator Ericson indicated the Bohls inherited a non-conforming driveway and there was no apparent hardship. He added that there did not appear to be a hardship with the Ward request either. He pointed out the fact that a permit was not applied for with the City, for either driveway expansion. Council Member Gunn stated the Bohls purchased their home in 2011 and the realtor was not forthcoming with information on the street reconstruction project. She stated she was willing to leave the driveway at 27 feet. Mayor Flaherty thanked the Bohls for coming before the Council this evening and for making their appeal. He felt that each appeal case had to be reviewed separately on its own merits. He saw zero hardship in this case. City Attorney Riggs stated he found this to be a difficult case. He indicated it would be difficult for the Council to approve one appeal without approving the other. Council Member Mueller questioned if there was room for compromise. Ms. Bohl declined compromise and stated taking one foot would be the same as taking three feet as the alignment would be altered. Mayor Flaherty stated in light of the City Attorney’s opinion he would be in favor of accepting the 27 feet driveway width. Council Member Stigney indicated there was no hardship in this case and felt it was unfortunate that the homeowners were not aware of the non-conforming driveway; however, it should be brought into compliance at this time. Ayes – 2 Nays – 3 (Hull, Gunn and Flaherty) Motion failed. MOTION/SECOND: Flaherty/Gunn. To Waive the Reading and Adopt Resolution 7928, approving a 27-foot driveway exception for the driveway appeal through the Street and Utility Improvement Project in Area E for the property at 5176 Longview Drive. Council Member Stigney indicated there was not valid basis for approving the driveway exception. Ayes – 3 Nays – 2 (Stigney and Mueller) Motion carried. Second Reading and Adoption of Ordinance 871 Amending Chapter 605 of the Municipal Code to Include Emerald Ash Borer as a Regulated Tree Pest. Public Works Director DeBar addressed the eminent threat of Emerald Ash Borer bearing down on the City. The City has drafted a management plan to deal with this pest. Regulations for the management of this pest have also been created through an amendment in Chapter 605 of the City Code to include Emerald Ash Borer as a regulated tree pest. He reviewed the revisions to the Code with the Council in detail noting a certified arborist was now required from all contractors working in the City of Mounds View. Public Works Director DeBar stated the first reading of this Ordinance was held at the Council meeting on April 9th. Staff recommended the Council waive the second reading and adopt Ordinance 871. Council Member Mueller questioned how current tree contractors learned of the new licensing requirements with the City. Public Works Director DeBar stated the new requirements would go into effect in 30 days. MOTION/SECOND: Mueller/Gunn. To Waive the Second Reading and Adopt Ordinance 871 Amending Chapter 605 of the Municipal Code to Include Emerald Ash Borer as a Regulated Tree Pest and publish a summary. ROLL CALL: Stigney/Hull/Mueller/Gunn/Flaherty. Ayes – 5 Nays – 0 Motion carried. Resolution 7924, Accepting Work for County Road 10 Trail Segments 1-5 Project and Authorizing Final Payment to Max Steininger, Inc. Mayor Flaherty stepped out of the Council Chambers. Public Works Director DeBar stated Max Steininger, Inc. submitted the low bid for the County Road 10 trail segments 1-5 project in July of 2009. The bid price was $653,350.31. The Council later awarded the project in August of 2009 and the project was substantially complete in November of 2009. Several items needed to be resolved on the project prior to issuing the final payment. Public Works Director DeBar explained that at this time, Max Steininger has completed all work on the project and the final 2% of the contract price needs to be authorized by the Council. The final payout would be $20,382.50. Acting Mayor Mueller asked for any questions or Staff. MOTION/SECOND: Gunn/Hull. To Waive the Reading and Adopt Resolution 7924, Accepting Work for County Road 10 Trail Segments 1-5 Project and Authorizing Final Payment to Max Steininger, Inc. Ayes – 4 Nays – 0 Motion carried. Resolution 7931, Authorizing Advertisement for the Building Official/Fire Marshal Position. Finance Director Beer indicated the City’s building official/fire marshal has taken a position with the State. He reviewed the proposed modifications to the position description and requested the Council authorize advertisement of this position. Mayor Flaherty returned to the Council Chambers. Council Member Mueller questioned if the City had a person on staff that currently met the job qualifications. City Administrator Ericson indicated there was no one on staff that met these requirements. He stated future candidates will not be required to be a certified fire marshal. Council Member Mueller asked how the position would be advertised. City Administrator Ericson stated there would be a posting with the League of Minnesota Cities, the Star Tribune, and be posted on the City’s website. Mayor Flaherty inquired how the City would address its building official needs until the position was filled. City Administrator Ericson indicated he has been speaking with neighboring communities for assistance in this area. He would be bringing a plan before the Council in the near future. MOTION/SECOND: Gunn/Hull. To Waive the Reading and Adopt Resolution 7931, Authorizing Advertisement for the Building Official Position. Ayes – 5 Nays – 0 Motion carried. Resolution 7929, Appointing MMKR to Provide Auditing Services for the Years Ended December 31, 2012, 2013, 2014. Finance Director Beer stated with the conclusion of the 2011 audit the City’s contract with MMKR has expired. He commented the 2011 audit would be presented to the Council on May 8th. Staff then requested MMKR be appointed to provide the City with auditing services for the years ending December 31, 2012, 2013 and 2014. Council Member Mueller asked if the City had an idea of how MMKR’s pricing was in comparison to what other communities were paying. Finance Director Beer anticipated MMKR was charging less than what other communities were paying. MOTION/SECOND: Stigney/Mueller. To Waive the Reading and Adopt Resolution 7929, Appointing MMKR to Provide Auditing Services for the Years Ended December 31, 2012, 2013, 2014. Ayes – 5 Nays – 0 Motion carried. Resolution 7930, Authorizing Barr Engineering Company to Provide Services for Part 2 of the Wellhead Protection Plan. Public Works Director DeBar stated in accordance with Minnesota Statute each City was required to have a Wellhead Protection Plan. This plan was broken into two parts and the Part I findings were now complete. This portion of the plan provided a detailed analysis of how the water moves around between the City’s aquifers. The Part I plan was submitted to the Minnesota Department of Health in December and was accepted. He stated the City now has to complete Part II of the plan, which could take approximately one year. The City had a compliance date of October 15, 2013. Public Works Director DeBar requested the Council authorize Barr Engineering to complete Part 2 of the Wellhead Protection Plan. He anticipated the expense to be $22,000 and noted the 2012 budget had $15,000 for the work. The 2013 budget would cover the additional $7,500 of the expense. MOTION/SECOND: Mueller/Stigney. To Waive the Reading and Adopt Resolution 7930, Authorizing Barr Engineering Company to Provide Services for Part 2 of the Wellhead Protection Plan. Ayes – 5 Nays – 0 Motion carried. 8. CONSENT AGENDA Council Member Mueller asked to remove Item 8H. Schedule a Public Hearing for Monday, May 14, 2012, at 7:05 p.m., to Consider an On Sale Intoxicating Liquor License for Moe’s, located at 2400 County Highway 10. Schedule a Public Hearing for Monday, May 14, 2012, at 7:10 p.m., to Consider an On Sale Intoxicating Liquor License for Mermaid Acquisition Group, Inc., (doing business as The Mermaid), located at 2200 County Highway 10. Schedule a Public Hearing for Monday, May 14, 2012, at 7:15 p.m., to Consider an On Sale Intoxicating Liquor License for El Loro, located at 2535 County Highway 10. Schedule a Public Hearing for Monday, May 14, 2012, at 7:20 p.m., to Consider an Off Sale Intoxicating Liquor License for ABC Liquor, located at 2840 County Highway 10. Schedule a Public Hearing for Monday, May 14, 2012, at 7:25 p.m., to Consider an Off Sale Intoxicating Liquor License for Vino & Stogies, located at 2345 County Road H2. Schedule a Public Hearing for Monday, May 14, 2012, at 7:30 p.m., to Consider an Off Sale Intoxicating Liquor License for Big Top Liquor, located at 2577 County Highway 10. Schedule a Public Hearing for Monday, May 14, 2012, at 7:35 p.m., to Consider an Off Sale 3.2 Malt Liquor License for Speedway SuperAmerica, located at 2840 County Road I. Resolution 7926, Authorizing Insurance Policies for the Year January 2012 through December 2012. MOTION/SECOND: Gunn/Mueller. To Approve the Consent Agenda Items 8A through 8G. Ayes – 5 Nays – 0 Motion carried. H. Resolution 7926, Authorizing Insurance Policies for the Year January 2012 through December 2012. Council Member Mueller stated there was an anomilly with the City’s insurance policy trends. The City’s insurance costs have gone down due to a reduction in employees and the premiums have decreased by almost $13,000. She commended the City for the cost savings reductions. MOTION/SECOND: Mueller/Hull. To Waive the Reading and Adopt Resolution 7926, Authorizing Insurance Policies for the Year January 2012 through December 2012. 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/Mueller. To Approve the Just and Correct Claims as presented. Ayes – 5 Nays – 0 Motion carried. 10. APPROVAL OF MINUTES A. March 12, 2012, City Council Meeting Minutes. MOTION/SECOND: Stigney/Mueller. To Approve the March 12, 2012, City Council meeting minutes as presented. Ayes – 5 Nays – 0 Motion carried. 11. REPORTS Reports of Mayor and Council. Council Member Hull stated Messiah Lutheran Church was selling CD’s of the Messiah Singers and Bells for $15. Those interested can call 763-784-1786 for further information. Council Member Hull questioned if two engineering firms would be contacted for the engineering of Area F. Public Works Director DeBar stated Stantec was awarded the engineering for Area E and was tracking approximately $100,000 lower than the bid for the design period. He was very pleased with the work provided by Stantec. However, the final decision would rest with the Council. Mayor Flaherty asked when Area F engineering would be completed and if two vendors could be contacted. Public Works Director DeBar anticipated this would be sent out for bid earlier this year. He noted two vendors could be contacted, however this created more work for staff. Mayor Flaherty indicated Stantec was familiar with the City’s street improvement project and was in favor of keeping them on as the engineer for the street improvement project for Area F. Public Works Director DeBar explained the City estimated the engineering expenses to be 20-25% of the total project costs and with Stantec, these expenses have been reduced to 15%. Finance Director Beer commented a fee statement would be provided by Stantec to the Council before approval. Council Member Mueller noted there would be an Open House on Woodale for the new Allina location. The ribbon cutting would take place at 5:00 p.m., with Mayor Flaherty officiating. Council Member Mueller indicated the Ramsey County League of Local Government meeting would be held on Wednesday evening at 7:00 p.m. at the Arden Hills City Hall. The topic of discussion would be TCAAP – Past, Present, and Future. Council Member Mueller stated the Mounds View High School has a new principal. Council Member Mueller commented Ramsey County was working on its Beyond the Yellow Ribbon certification in hopes to have it in place the first week of May. Council Member Mueller explained the Minnesota Women of City Government met last week and stated an Open House Social would be held at the League of Minnesota Cities Seminar in June. Council Member Mueller indicated volunteers were still needed to assist with Festival in the Park. She encouraged those interested to contact City Hall for further information. Mayor Flaherty thanked all those who attended the recent Town Hall meeting last Monday. He was pleased with the turnout. B. Reports of Staff. Capital Improvement Plan Finance Director Beer reviewed the Capital Improvement Plan with the Council in detail. He noted this was an integral part of the City’s five-year financial plan. He explained that each item on the plan was always up for discussion and could be shifted from year to year. The five-year financial plan would be discussed at the Council’s next work session meeting. Council Member Mueller asked if reroofing of the Hillview Park building was necessary. Public Works Director DeBar stated the shingles were in need of repair. The building was 10-12 years old and the recommendation was made based on the City’s Roof Management Plan. Administration Report City Administrator Ericson stated at the April 9th Council meeting the Council discussed Chapter 1008 of the City Code, which addresses dynamic display signs. The Planning Commission discussed this item on April 18th and adopted a Resolution recommending revisions. He reviewed the proposed changes with the Council and asked how the Council would like to proceed. The Council was in favor of discussing this further at the May 7th work session. City Administrator Ericson reviewed the May 7th work session agenda with the Council. He stated MnDOT would be present to discuss the proposed improvements in the area and how the bridge closures would affect the City. City Administrator Ericson noted a lease had been signed between Medtronic and Clear Channel. The City was now due a $60,000 lease payment for the dynamic display sign. C. Reports of City Attorney. City Attorney Riggs had nothing additional to report. 12. Next Council Work Session: Monday, May 7, 2012, at 7:00 p.m. Next Council Meeting: Monday, May 14, 2012, at 7:00 p.m. 13. ADJOURNMENT The meeting was adjourned at 9:06 p.m. Transcribed by: Heidi Guenther TimeSaver Off Site Secretarial, Inc.