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HomeMy WebLinkAboutMinutes - 2012/08/24PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting August 27, 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, August 27, 2012, City Council Agenda. MOTION/SECOND: Mueller/Hull. To Approve the Monday, August 27, 2012, agenda as presented. Ayes – 5 Nays – 0 Motion carried. 5. PUBLIC INPUT None. 6. SPECIAL ORDER OF BUSINESS A. Presentation of Two “Festival in the Park” Car Show Trophies. Mayor Flaherty and Council Member Mueller presented Joe Walczak of Columbia Heights with a trophy for his 1968 Mustang Convertible. Council Member Mueller thanked Mr. Walczak for bringing his vehicle to this year’s Festival in the Park Car Show. A round of applause was offered by Council and staff. Mayor Flaherty then presented Pat Simmer of Blaine with the Mayor’s Choice trophy for his 1929 Ford Model A Convertible. He appreciated the age and condition of the vehicle and thanked Mr. Simmer for bringing his vehicle to the Festival in the Park Car Show. A round of applause was offered by Council and staff. 7. COUNCIL BUSINESS 7:05 p.m. Public Hearing, Second Reading and Adoption of Ordinance 873, an Ordinance Implementing a Franchise Fee on Xcel Energy Electric and Natural Gas Operations within the City of Mounds View. Finance Director Beer indicated this item was the second reading and adoption of Ordinance 874 implementing a 4% franchise fee on Xcel Energy for electric and natural gas operations in the City of Mounds View. He discussed how the franchise fees were used by the City. He noted this was the end of the current franchise and renewals were being negotiated by Kennedy & Graven at this time. Staff recommended the Council adopt the Ordinance. Mayor Flaherty opened the public hearing at 7:05 p.m. Hearing no public input, Mayor Flaherty closed the public hearing at 7:05 p.m. MOTION/SECOND: Mueller/Gunn. To Waive the Second Reading and Adopt Ordinance 873, an Ordinance Implementing a Franchise Fee on Xcel Energy Electric and Natural Gas Operations within the City of Mounds View and publish the Ordinance summary. ROLL CALL: Hull/Stigney/Mueller/Gunn/Flaherty. Ayes – 5 Nays – 0 Motion carried. 7:10 p.m. Public Hearing, Second Reading and Adoption of Ordinance 874, an Ordinance Implementing a Franchise Fee on Center Point Energy Natural Gas Operations within the City of Mounds View. Finance Director Beer indicated this item was the second reading and adoption of Ordinance 874 implementing a 4% franchise fee on Center Point Energy for natural gas operations in the City of Mounds View. He discussed how the franchise fees were used by the City and recommended the Council adopt the Ordinance. Mayor Flaherty opened the public hearing at 7:09 p.m. Hearing no public input, Mayor Flaherty closed the public hearing at 7:09 p.m. Council Member Mueller questioned if the franchise fee would continue to be reviewed on an annual basis. Finance Director Beer stated this was the case. MOTION/SECOND: Gunn/Mueller. To Waive the Second Reading and Adopt Ordinance 874, an Ordinance Implementing a Franchise Fee on Center Point Energy Natural Gas Operations within the City of Mounds View and publish the Ordinance summary. ROLL CALL: Hull/Stigney/Mueller/Gunn/Flaherty. Ayes – 5 Nays – 0 Motion carried. 7:15 p.m. Public Hearing, Resolution 7984, a Conditional Use Permit for Tires n More, a Tire and Auto Repair Business located at 2832 County Road 10. Planning Associate Heller requested the Council consider a conditional use permit request for the property at 2832 County Road 10. She explained the applicant, Naoufel Soussi, was proposing to use the property as a tire store and auto repair business. She noted the site was located along the County Road 10 corridor and was currently vacant. Staff reviewed the land map and Comprehensive Plan Land Use Maps for this property. She indicated the site was Community Commercial currently and in the future is designated to Mixed Use Commercial. She noted the proposed use fit well into the County Road 10 corridor. Planning Associate Heller further discussed the parking lot for this parcel noting the applicant was applying for a variance given the fact the CVS development directly adjacent to the site had developed prior to this site without completing the parking lot jointly. She stated the parking lot improvements would greatly enhance the site. Planning Associate Heller commented the applicant was proposing to screen between the site and the residential homes with a six to eight foot privacy fence. The fence would provide screening along with additional security to the site. She noted she spoke with the Fire Marshal regarding the site and there were some concerns with tire storage. For this reason, sprinklers may need to be added to the building. The City would give the applicant one year to complete this task, given the expense of the sprinkler system. Planning Associate Heller explained the Planning Commission recommended approval of the conditional use permit for Tires N More at their August 15th meeting. Mayor Flaherty opened the public hearing at 7:20 p.m. Hearing no public input, Mayor Flaherty closed the public hearing at 7:20 p.m. Council Member Hull asked if the neighbors had been informed of the public hearing. Planning Associate Heller commented neighbors were notified along with CVS and no comments have been brought to the City. She indicated she would continue to work with CVS and the applicant to resolve the parking lot concerns. Mayor Flaherty welcomed Mr. Soussi to the City of Mounds View and questioned the hours of operation for Tires N More. Naoufel Soussi, the applicant, explained the business would be open Monday through Friday from 9:00 a.m. - 6:00 p.m. and on Saturday from 9:00 a.m. - 5:00 p.m. Council Member Mueller clarified that Rydell Auto Group does sell tires and repairs vehicles in the City. She then asked how the site would be accessed from County Road 10. Mr. Soussi explained that after work was completed traffic would be directed to the CVS entrance with traffic routed to the rear of the building. Planning Associate Heller explained that a shared cross access easement was in place between this property and CVS. Council Member Mueller inquired where a sign would be located on this site. Mr. Soussi indicated he would be placing a sign near the existing pylon sign and on the east side of the building. Mayor Flaherty asked if the sign on the building would be lit. Mr. Soussi commented the sign would be illuminated. Mayor Flaherty was pleased that a new business was coming to the City of Mounds View. He then encouraged the business to comply with the Fire Marshal’s recommendations. Mr. Soussi stated this was his intention. Council Member Mueller was pleased with the improvements already made to the exterior of the building. She questioned when the site would be open for business. Mr. Soussi stated this wouldn’t be determined until the parking lot issues were resolved. MOTION/SECOND: Mueller/Hull. To Waive the Reading and Adopt Resolution 7984, a Conditional Use Permit for Tires n More, a Tire and Auto Repair Business located at 2832 County Road 10. Ayes – 5 Nays – 0 Motion carried. Resolution 7977, Authorizing Certification of the Preliminary General Fund Budget and Property Tax Levy for Fiscal Year 2013. Finance Director Beer stated that each year the City had to approve a preliminary levy and certify this to the County Auditor by September 15th. These preliminary budgets were not absolute numbers as the budget could be decreased, but could not be increased. The City Council directed staff to keep the 2013 levy at the same level as 2012. The levy would be set at $4,181,381. Finance Director Beer reviewed the effect this levy would have on the average home in Mounds View stating across the board there would be a property tax decrease, noting this was relative to each home’s property value. Truth and taxation numbers would be sent out by the County in November. Staff requested the Council authorize certification of the preliminary general fund budget and property tax levy for 2013. Council Member Mueller thanked Finance Director Beer for his recent article in the Mounds View Matters. She requested further information on why the 2013 budget reduced the Special Projects Funds by $45,000. Finance Director Beer stated after reviewing the 2012 budget an adjustment was made due to the fact it was not needed at the same level as in the past. Council Member Mueller commented there was a slight increase in the City Council salary and questioned why this change was made. Finance Director Beer explained the Council did not make this request, but allowed for an $8.00 per month internet reimbursement that was allowed per State Statute. Mayor Flaherty indicated the budget had $300,000 for street improvements in 2013. He questioned why this amount was not $400,000. Finance Director Beer noted the City has seen some cost savings due to the economic climate which allowed for this reduction. In addition, the street improvement project may be completed prior to the previously estimated 10 years. Mayor Flaherty noted the police referendum was a line item in the City’s budget. He questioned if this would ever be removed from the budget. Finance Director Beer stated this was a special levy or referendum that affected each TIF property. He commented it would not be removed from the budget. MOTION/SECOND: Gunn/Mueller. To Waive the Reading and Adopt Resolution 7977, Authorizing Certification of the Preliminary General Fund Budget and Property Tax Levy for Fiscal Year 2013. Ayes – 5 Nays – 0 Motion carried. Mayor Flaherty thanked the Council and staff for working diligently to present the 2013 preliminary budget with a 0% levy increase. Resolution 7983, Establishing Public Hearing Dates for the Proposed General Fund Budget and Property Tax Levy for Fiscal Year 2013. Finance Director Beer recommended that the 2013 Truth in Taxation Hearing be held on December 3, 2012 at 6:00 p.m. at City Hall. He explained a continuation meeting would be held on December 10, 2012 if needed. MOTION/SECOND: Mueller/Hull. To Waive the Reading and Adopt Resolution 7983, Establishing Public Hearing Dates for the Proposed General Fund Budget and Property Tax Levy for Fiscal Year 2013. Ayes – 5 Nays – 0 Motion carried. Resolution 7987, Approving a Legal Services Agreement with Kennedy & Graven. City Administrator Ericson stated that at the last work session meeting the Council discussed the legal services agreement with Kennedy & Graven, as it was in need of renewal. Staff reviewed invoices from the last 18 months and the retainer amount could be reduced to $2,200. He explained that Scott Riggs would remain the City’s primary attorney with the secondary attorney being Sarah Somsalla. Staff recommended the Council approve a three year agreement with Kennedy & Graven through August of 2015. Mayor Flaherty indicated he was pleased with the services provided by Kennedy & Graven and for the adjustment made to the retainer fee. MOTION/SECOND: Mueller/Stigney. To Waive the Reading and Adopt Resolution 7987, Approving a Legal Services Agreement with Kennedy & Graven. Council Member Mueller thanked Kennedy & Graven for working with the City and for being willing to reduce the retainer fee. Ayes – 5 Nays – 0 Motion carried. Resolution 7986, Authorizing Automatic Systems Company to Replace Variable Frequency Drives in Water Booster Station. Public Works Supervisor Peterson requested the Council consider approving the replacement of the variable frequency drives (VFD’s) in the water booster station. He explained that Public Works was responsible for efficiently operating the water distribution system in the City, which included a two million gallon reservoir and water booster station. The reservoir and water booster station were installed in 1968 and over the years have had updates. He discussed the purpose and function of the VFD’s noting they were last updated in 1988. Public Works Supervisor Peterson commented on Thursday, August 16, 2012 at 3:00 a.m. the pumps for the booster station failed. Staff was notified of the low pressure and started Well No. 5 to stabilize the system. The cause for the failure was investigated and it was determined there was no control to Pump 1 as the VFD was not operational. Public Works Supervisor Peterson recommended that the Council replace both VFD’s at this time. It was estimated the new VFD’s would last approximately 15 years and would cost $28,473 plus tax. A rebate was available in the amount of $10,000 through Xcel Energy. He explained the expense was not in the 2012 budget but monies were available through cost savings realized in the water tower reconditioning project. Staff recommended the Council authorize Automatic Systems Company to replace the VFD’s in the water booster station. Council Member Mueller thanked staff for bringing this recommendation forward and for being proactive on this issue. She supported the project as presented. Mayor Flaherty asked why VFD’s were chosen over soft start. Public Works Supervisor Peterson stated this was the recommendation of Automatic Systems Company. He noted the VFD’s would be installed and programmed by Automatic Systems Company. MOTION/SECOND: Gunn/Hull. To Waive the Reading and Adopt Resolution 7986, Authorizing Automatic Systems Company to Replace Variable Frequency Drives in the Water Booster Station. Council Member Mueller thanked the Public Works staff for their phenomenal work at Festival in the Park. Ayes – 5 Nays – 0 Motion carried. Second Reading and Adoption of Ordinance 848, a Rezoning to PUD, Planned Unit Development, for the Coventry Senior Living Development (ROLL CALL VOTE). Planning Associate Heller reviewed the proposed Coventry Senior Living Development with the Council in detail. She reviewed the many benefits of rezoning the site to PUD for senior housing, noting the lots would be replatted to one parcel. She requested the Council adopt an Ordinance that would rezone the development to PUD. It was noted that this development would be the first senior housing development in Mounds View and would greatly benefit the residents. Council Member Stigney asked what kind of screening would be in place between his property and the adjacent residential lots. Planning Associate Heller noted pine trees would be planted along this property line. Council Member Stigney questioned screening was proposed along O’Connell Drive. Planning Associate Heller reviewed the landscaping plan noting the area would be nicely screened with plantings. Mayor Flaherty commented the increased market value to this property would benefit the entire community. He stated the proposed services offered by Coventry Senior Living would allow the elderly in Mounds View to remain within the community. MOTION/SECOND: Mueller/Gunn. To Waive the Second Reading and Adopt Ordinance 848, an Ordinance approving the Rezoning of 2.18 acres of land at 2320 and 2340 County Highway 10 and 5260 O’Connell Drive to PUD, Planned Unit Development and publish the Ordinance summary. ROLL CALL: Hull/Stigney/Mueller/Gunn/Flaherty. Ayes – 5 Nays – 0 Motion carried. Second Reading and Adoption of Ordinance 858, Easement Vacations for the Coventry Senior Living Development (ROLL CALL VOTE). Planning Associate Heller stated that an updated Ordinance was presented to the Council this evening per comments made by the City Attorney. She reviewed the revisions to the language and reviewed the easements that would be vacated on the Coventry Senior Living property. She indicated new easements would be placed on the property after the site was replatted with the County. Staff recommended the Council approve the easement vacation for Coventry Senior Living. Mayor Flaherty asked when ground breaking would take place on the development. Greg Johnson, Coventry Senior Living, anticipated the project would begin in September of this year with construction taking 12 months. He hoped to have the building open for occupants in the fall of 2013. MOTION/SECOND: Mueller/Stigney. To Waive the Second Reading and Adopt Ordinance 858, an Ordinance authorizing the vacation of utility and drainage and water main easements on the parcels at 2320 County Road 10 and 5260 O’Connell Drive and publish the Ordinance summary. ROLL CALL: Hull/Stigney/Mueller/Gunn/Flaherty. Ayes – 5 Nays – 0 Motion carried. 8. CONSENT AGENDA None. 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. 10. APPROVAL OF MINUTES July 9, 2012, City Council Meeting Minutes. MOTION/SECOND: Mueller/Stigney. To Approve the July 9, 2012, City Council meeting minutes as presented. Ayes – 5 Nays – 0 Motion carried. July 23, 2012, City Council Meeting Minutes. Council Member Hull requested a correction on Page 1, Line 33 stating the word “the” should be removed. Council Member Gunn requested the Council discuss the beer garden at an upcoming work session meeting. Mayor Flaherty agreed. MOTION/SECOND: Mueller/Hull. To Approve the July 23, 2012, City Council meeting minutes as corrected. Ayes – 5 Nays – 0 Motion carried. 11. REPORTS Reports of Mayor and Council. Council Member Hull questioned where garage sale signs could be located. City Administrator Ericson indicated the Code was silent as these signs were not addressed in City Code due to enforcement issues. One issue regarding the regulation of signs of this nature was the difficulty of Public Works keeping up with enforcement. Council Member Hull asked if Allina traffic has been a concern. City Administrator Ericson stated the City has only had one complaint. Council Member Hull thanked the Festival in the Park Committee, Public Works, City staff, and the Police Department for their efforts in pulling off another great event this year. Council Member Gunn agreed stating this year’s event was wonderful and the weather cooperated. She thanked Police Officer Nick Erickson and K9 Officer Niko for being their public demonstration. She appreciated all who donated so generously to the K9 program. Council Member Mueller thanked Sherry Gunn and Greg Newman for manning the K9 donation area. She commented over $300 was raised for the care and upkeep of K9 Officer Niko. She then read the list of winners for this year’s car show and noted the list would be placed on the City’s website. She commented next year’s festival would take place on August 17th. She encouraged anyone interested in volunteering to join the committee for their next meeting on September 18th or to contact City Hall for further information. Mayor Flaherty stated the 5K run sponsored by Anytime Fitness had 85 participants this year. He was pleased with the growth in this event that took place at Silver View Park. He again thanked all who volunteered for this year’s event as the Festival was a great success. Mayor Flaherty noted the City’s cleanup day was scheduled for October 6, 2012 from 9:00 a.m. to 12:00 p.m. Mayor Flaherty was looking forward to the new water tower being complete and noted the new color would be cream with the City’s logo. He then encouraged all to take part in this year’s election and get out and vote on November 6, 2012. B. Reports of Staff. City Administrator Ericson commented the painting of the semaphores along County Road 10 has been put on hold because a lead based paint assessment was needed. The expense for this assessment was quite high and Ramsey County has been contacted regarding the matter. He indicated the item would be on hold until after hearing from the County as the age of the semaphores would need to be determined. C. Reports of City Attorney. City Attorney Riggs thanked the Council for reapproving his contract this evening. He stated the utility franchise has been discussed and the contract should come before the Council in the next month or two. He reported the title work for Coventry should be completed in the next few days. 12. Next Council Work Session: TUESDAY, September 4, 2012, at 7:00 p.m. Next Council Meeting: Monday, September 10, 2012, at 7:00 p.m. 13. ADJOURNMENT The meeting was adjourned at 8:44 p.m. Transcribed by: Heidi Guenther TimeSaver Off Site Secretarial, Inc.