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HomeMy WebLinkAboutMinutes - 2000/02/14I°^R~t*.y R's. 4^ pa,s~ ~ do F. 1~ 30 -; x .n.~~py ~/ LL W~ 13 ~° 1. ~uswP°'' ~F PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting February 14, 2000 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 7:02 P.M. 1. MEETING IS CALLED TO ORDER 2. ROLL CALL: Coughlin, Marty, Stigney, Quick and Thomason. NOT PRESENT: None. 3. APPROVAL OF AGENDA A. Monday, February 14, 2000, City Council Agenda Mayor Coughlin asked the Council if anyone would like to add items to the agenda. • Mayor Coughlin requested Item 7-E, Continuation of Consideration of Ordinance 637, be stricken from the Consent Agenda, and added as discussion item 10-E, under Council Business. He explained that it had not been anticipated the City Attorney would have the language necessary for Council consideration at this time, therefore, the item had been listed on the Consent Agenda. Mayor Coughlin requested the addition of Item 10-F, appointing himself as the interim representative to the Anoka County-Blaine Airport Advisory Commission. He indicated he was in receipt of the resignation of one of the current members of this board, and requested the Council consider appointing him to fill in for this position. MOTION/SECOND: Marty/Stigney. To Accept the February 14, 2000, City Council Agenda as Amended. Ayes - 5 Nays - 0 Motion carried. 4. APPROVAL OF MINUTES A. City Council Meeting Minutes of January 24, 2000 B. City Council Meeting Minutes of March 8, 1999 C. City Council Meeting Minutes of March 22, 1999 Mayor Coughlin stated the previous recording secretary had done an inadequate job correcting the March 8, and March 22, 1999 City Council minutes and staff had expressed some concern with regard to publishing minutes of this nature on the City's Website. He explained that the current recording secretary and her company had agreed to review the videotapes of these Mounds View City Council February 14, 2000 Regular Meeting Page 2 meetings, and transcribed the minutes again, therefore, the minutes were being brought back Council Member Marty requested a correction to the January 24, 2000 minutes, to clarify the language at the top of Page 2, to indicate "...the 35-foot maximum driveway width in the R-1 Zoning District would be changed to 35 feet or the width of the garage plus 12 feet-whichever is greater." Council Member Stigney requested a correction to the March 22, 1999 minutes, Page 33, eighth paragraph, second sentence, to indicate "...the Children's Home Society was going to may for the year..." before the Council for consideration at this time. MOTION/SECOND: Thomason/Quick. To accept the January 24, 2000, March 8, 1999, and March 22, 1999 City Council minutes as corrected. Ayes - 5 5. SPECIAL ORDER OF BUSINESS None. Nays - 0 Motion carried. 6. REPORTS • Council Member Thomason reported that as the new liaison to the Parks and Recreation Commission, she attended the January 26 meeting, at which two new commissioners, Tony Zuk and Mike Szczepanski were sworn in. She indicated the commission discussed the Park Dedication Fund, which has a remaining balance of approximately $138,000. She explained that these monies were to be invested. She stated there was also discussion regarding the addition of cross trainers and treadmills at the Community Center, and the possibility of turning the under- facilitated coatroom into a weight room. Council Member Thomason advised that during their first year of their pledge drive, YPartners has nearly reached their goal of $10,000. She extended her thanks to all of the contributors. Council Member Thomason reported that in the first week of February, she attended an orientation seminar at Northwest Youth and Family Services, in order to be brought up to speed in her capacity as being on the Board of Directors of this organization. Council Member Stigney reported he attended the Charter Commission meeting held the previous Thursday. He indicated the Charter Commission is currently working on two amendments to items in Section 2 of the Charter, one of which has been tentatively approved. He noted a comment was made regarding the previous Work Session discussion pertaining to actions against the Charter Commission, however, the commission chose not to participate in this, but rather, concentrated upon how to best present their information to the residents. He • indicated the commission discussed three different means by which to accomplish this, which include utilizing the Mounds View Matters, the Cable telecast at City Hall, and the two local newspapers, the Focus, and the New Brighton Bulletin. Mounds View City Council February 14, 2000 Regular Meeting Page 3 Council Member Stigney stated the Charter Commission received a response from City Attorney • Long's law firm, which provided an explanation of the Franchise Fee resolution that was previously passed by the Council, and a written understanding of what was to take place in that regard. He indicated the City Attorney's firm also provided suggestions for incorporating some changes into the Charter, and this matter would go before the Charter Commission attorney for his opinion, after which, it would come back before the City Council. He noted there was some question regarding whether or not it was necessary to proceed in this manner, and this is still somewhat unclear, however, it would be resolved through the attorneys. Mayor Coughlin reported he attended the Cable Commission meeting the previous week, at which a variety of items were discussed. He stated the City's Finance Director, Bruce Kessel, presented and discussed the Cable Television budget, and there was also discussion pertaining to the new projector which has been installed in Council Chambers. He stated it was noted that the video quality of this equipment is excellent, and it is generally regarded as a great addition to the City's video system. Mayor Coughlin stated a number of Omni-directional microphones had been purchased to accommodate larger groups, in anticipation of the broadcast of Charter Commission meetings. He explained that some disappointment was expressed with regard to the Charter Commission's resistance to televise their meetings, adding that they would be pleased to hear that the vote was in the affirmative they communicate to the residents the proceedings of that committee. Mayor Coughlin indicated the Cable Television Network reported that there would be 39 van shoots taking place this month. He explained that the average number of van shoots per month is 14, therefore, this was believed to be a record, with many people in the community utilizing the network. He advised that the next Cable Commission meeting would be held on March 14. Mayor Coughlin reported he attended the Special Planning Commission meeting, at which a public hearing was held for the Comprehensive Plan. He indicated staff provided a power point presentation, and some minor corrections to the Comprehensive Plan were discussed. He noted there was no public input at the meeting, adding that it was somewhat disappointing that only two members of the public chose to attend. He indicated residents were encouraged to contact Community Development Director Jopke or any member of the Planning Commission within the next week or so, if they have any questions or comments, or would like to obtain a copy of the Comprehensive Plan. He advised that the Planning Commission would be taking formal action on the matter the following week, and would then forward the document on to the Council. Mayor Coughlin stated he attended a meeting at the State Capitol, that date, to discuss the various strategies pertaining to the ongoing airport legislation with State Representative Haake and City Attorney Long. He extended kudos to Representative Haake, for her energy and enthusiasm, adding that she is a phenomenal lady to work with, and a good representative of the City. Mayor Coughlin requested the Council consider directing staff to draft a resolution honoring • Congressman Bruce Vento, for his years of service to the area. He commented that he and Congressman Vento do not always see eye-to-eye on many issues in the political realm, however, Congressman Vento has served with honor and dignity. He indicated he had received word that evening that Congressman Vento is doing well at the Mayo Clinic, after having had Mounds View City Council February 14, 2000 Regular Meeting Page 4 some surgery, and is resting. He requested the consent of the Council to direct staff to draft a resolution in this regard, and present it to the Council at their next meeting. The Council agreed. Mayor Coughlin wished Congressman Vento God's speed for a quick recovery. City Administrator Whiting reported the previous Thursday, he attended a hearing held in the Metropolitan Council chambers regarding the Metropolitan Transit Commission's proposal to change some of the bus routes. He stated this was aMetro-wide hearing, with many people in attendance. He noted there was one resident from Eastwood who was present, and voiced his concern over the proposed changes. He added that he appreciated this individual's attendance in this regard. City Administrator Whiting indicated Mayor Coughlin has received a number of letters from residents regarding the proposed changes, and he has forwarded them to the Metropolitan Transit Commission. He explained that citizens who are concerned regarding how the proposed bus routes might affect them were welcome to review further information, which is available at City Hall. He advised that the Metropolitan Council has posted the Metropolitan Transit Commission's plan on their website homepage, as well. A. City Administrator . i. January 31, 2000 Retreat Review City Administrator Whiting reported he met with the Council at the Northland Inn, for the second Administrator/Council Retreat, which was essentially a review of the issues brought forward at the first retreat. He indicated several items were discussed, including trailways, general City improvements, and the necessity of completing the Comprehensive Plan, and he had provided the Council with an update on those items. He stated another retreat would be held before the end of the month, with the full management staff, and this has been tentatively scheduled for Tuesday, February 29. He noted that one Council Member had indicated this date would conflict with his calendar, and added that if the full attendance of the Council was desired, the retreat could be rescheduled to be held some time after the March 22 Appreciation Dinner. Mayor Coughlin suggested that with the Council's consent, they meet immediately following adjournment of the meeting, to review their schedules, and determine an acceptable date. ii. Update on March 2 Appreciation Dinner City Administrator Whiting reported that at the previous Council Work Session, there were some questions pertaining to whether or not the Charter Commission should be invited to attend the Appreciation Dinner. He advised that a voice poll was taken, and the vote was three-to-two in favor of inviting the Charter Commission members, therefore, they would be notified in this regard. He indicated there was also discussion regarding the entertainment at this event. He stated he had not yet been able to make contact with the comedian he had previously spoken with, although he had inadvertently run into another City Manager who had engaged his services for an All City Board Appreciation Dinner, and had enjoyed his performance. He stated he was coming with good references, although he was somewhat elusive. Mounds View City Council February 14, 2000 Regular Meeting Page 5 s iii. Pending City Administrator Action City Administrator Whiting stated as the Council was aware, and as noted in the St. Paul Pioneer Press, he has applied for a position with St. Croix County, in Wisconsin. He indicated the board would make their decision the following day, and assuming that all goes well, he would then accept the position, and set his final day with the City of Mounds View. He stated it was somewhat premature to discuss this matter, when he continues to be gainfully employed by the City of Mounds View, and would remain so until all of the details have been resolved. He explained however, the Council would not meet again for two weeks, and if he were to accept this position in the interim, he would prefer the Council was aware of this. Mayor Coughlin stated City Administrator Whiting has done a wonderful job for the City of Mounds View. He commented that St. Croix County is part of God's Country, and therefore, he was a bit envious of this opportunity for City Administrator Whiting and his family to move to this area, and be a part of that County. He pointed out that the competition for County level positions is quite fierce, and this was a great credit to City Administrator Whiting's ability, and speaks well to his character and resume. He stated there would be more accolades to come in the future, however, at this time, he would simply like to state that it has been an honor to have City Administrator Whiting as part of the City. He added that whatever the fates deal City Administrator Whiting the following day, God's speed in that regard. City Administrator Whiting extended his thanks to Mayor Coughlin. He stated it was always • awkward, not only to leave, but also in a public situation, wherein such matters must be discussed prior to knowing the actual outcome. He stated he would present his introduction before St. Croix County's 31 member elected board the following day, which should be quite interesting. Mayor Coughlin stated in light of the invitation to the Charter Commission to attend the Appreciation Dinner, he would request the consent of the Council to also extend an invitation to the Charter Commission's attorney, who they have been working with for the last several months, and his spouse. The Council agreed. Director of Public Works Ulrich reported that an open house for current County State Aid Highway 10 would be held the following evening, from 4:00 to 7:00 p.m., in Spring Lake Park City Hall. He indicated members of Anoka County, Ramsey County, Spring Lake Park, and the City of Mounds View would be present to discuss the traffic signal, and the geometrics of the entire intersection, which is scheduled to commence in 2001. He stated staff has mailed letters to the residents on Pleasant View Drive, and informed them of this meeting. He noted he has only received one telephone call regarding this matter, and he would be in attendance for the majority of the meeting. He indicated that citizens with interest in the project, in terms of what is proposed to occur, the options that are available, and how the decisions were made, were welcome to attend. City Attorney Long reported that a hearing date for the Airport Bill has been scheduled for Wednesday, 23, from 2:00 to 3:45 p.m., in the State Senate. He explained that the purpose of this hearing is to have Senator Novak present last year's Bill, and to make some of the author's Mounds View City Council February 14, 2000 Regular Meeting Page 6 amendments, which have been discussed, to prepare it for a vote on the full Senate Floor within the next two weeks. He advised that this would be an important meeting, and the cities of Circle Pines and Lexington have been invited to attend. He stated the public is invited to attend as well. Mayor Coughlin noted he would also be attending this meeting. Council Member Marty stated he had spoken with Director of Public Works Ulrich that date regarding residents who had contacted him concerning snowplowing and the parking of vehicles on the roads. He noted these residents were not complaining, but rather, were concerned because some vehicles were parked in front of their homes when the snowplows arrived. He indicated Director of Public Works Ulrich advised him regarding Mounds View's policy in this regard. He explained that regardless of the time of day, if there are 2 inches of snow or more on the ground, a snow ban is in effect, and no vehicles are to be parked on City streets at that time, or they can be ticketed and towed. He indicated he was not previously aware of this, and desired to inform the public as well. No further reports were considered. 7. CONSENT AGENDA A. Approve Just and Correct Claims. B. Licenses for Approval. C. Approval of Resolution 5413, a Resolution Authorizing City Staff to Submit an Interim Use Permit on Behalf of the City of Mounds View, for the Placement of Billboards on City Property Generally Described as the Bridges Golf Course. D. Resolution 5414, Reconsideration of Resolution 5394 -Resolution Appointing City Council Members and Clerk-Administrator as Representatives for City Commissions and Other Organizations. Mayor Coughlin asked the Council if anyone would like to remove Items for discussion. City Administrator Whiting requested City Attorney Long speak to a technical point regarding Item C. City Attorney Long explained that the caption of Resolution 5413 utilizes the term "Interim Use Permit", and this item should be similarly referenced on the agenda as well. He advised that the Interim Use Permit process would be similar to the Conditional Use process that is utilized to obtain a permit, however, they were required to create a separate provision under State Statute to allow fora 15-year duration use on these applications, under Interim Use authority. Mayor Coughlin advised that the record reflect this. MOTION/SECOND: Quick/Marty. To Approve the Consent Agenda for Items A, B, C, and D as presented. Ayes - 5 Nays - 0 Motion carried. 8. UNFINISHED BUSINESS Mounds View City Council February 14, 2000 Regular Meeting Page 7 None. 9. RESIDENTS REQUESTS AND COMMENTS FROM THE FLOOR David Jahnke, 8428 Eastwood Drive extended his congratulations to City Administrator Whiting, adding that he had just wanted to warn him that he owns a hunting shack and some acreage in St. Croix County. City Administrator Whiting commented he had noticed Mr. Jahnke's name on a property map of the area, and had wondered if this could be one in the same. Collette Donovan, 8290 Sunnyside Road extended her appreciation to City Administrator Whiting for his attendance at the Northwest Metropolitan Transit Commission meeting. She stated her purpose before the Council was to inform regarding the Metro Transit Northeast Metro Reconstruction plan, which proposes to eliminate and change many of the current bus routes, including Route 25, which affects the Mounds View area tremendously. Mrs. Donovan indicated she had specifically purchased her home 4 years prior, because it was located on a bus line, and it was not feasible for her to relocate to obtain bus service. She stated she has completely depended upon Metro Transit service, for the past 10 years, to commute to her job in downtown Minneapolis. Mrs. Donovan stated Metro Transit proposes to eliminate all current service north of Highway 10 and the airport, which includes her area. She indicated that she currently has service on Ardan Avenue and Sunnyside Road. She explained that her alternative would be to drive to the overflowing park-and-rides at Northtown or the Mermaid, which might be relocated to the Arsenal, or to walk one mile, one way, in the event there is continued service at Silver Lake Road and Highway 10. Mrs. Donovan stated she was more fortunate than some individuals, in that, she does not have to depend upon the bus service to travel. She explained that she chooses to ride because of convenience and cost, and she uses her daily two-hour ride as her time to read, sleep, and relax. Mrs. Donovan stated approximately a week ago, her morning bus driver informed her that she was possibly loosing her bus service, and since that time, she has started two petitions requesting Metro Transit reconsider their current proposal. She stated one petition pertains to the area north of Highway 10, and the other, to Mounds View, and the surrounding areas. She indicated she has already obtained over100 signatures. Mrs. Donovan stated in the past week, she has also attempted to ride different busses to better inform the riders regarding this proposal, and was shocked at how many other riders were unaware of this. She stated she had also spoken the previous Tuesday, at one of the Metro Transit's public hearings. She indicated the Metropolitan Transit Commission states that the • purpose of this proposal is to simplify the system, and increase productivity, thus reducing coverage. She explained that she had offered several alternatives, including that they provide a few busses for downtown commuters, and/or more area park-and-rides, to enable riders to walk to them. Mounds View City Council February 14, 2000 Regular Meeting Page 8 Mrs. Donovan stated Metro Transit would accept complaints and concerns until March 1, and will then make their final decision, with changes taking effect in September. She stated Mounds View residents and taxpayers deserve a better bus service. She noted the proposed reduction of service could discourage some people from moving to Mounds View, and force others to move away. Mrs. Donovan stated she became involved in this issue primarily because it affected her personally, however, she has become more involved after discovering how many others would be affected. She stated she has already contacted Mayor Coughlin, and sent him letters and information, and has also contacted the Mounds View Chamber of Commerce. She requested the Council's support in this matter. City Administrator Whiting requested a copy of Mrs. Donovan's statement, and indicated that staff could forward this to Metro Transit, as they attempt to inform them in regard to everything that they hear from residents. He indicated the City has not been directly involved in this issue, although he was aware that other cities have taken a more active role, in terms of securing transit service in their municipalities. He stated he was somewhat uncertain what they could do here, but certainly, as they hear more from the residents, it would be of interest. City Administrator Whiting stated he had spoken to one of the higher-level Metropolitan Council staff people during the hearing on Thursday, who appeared to believe that some of the process that has brought them to this proposed plan may need to be revisited. He explained that they appear to recognize that there was more to this issue than they had anticipated upon first examination. He advised that this would not suggest the residents should subside, but rather, should continue to distribute as much information to interested parties as possible. He pointed out that the Metropolitan Transit Commission had indicated it was very difficult at times, to know exactly who is riding the bus, because it is somewhat anonymous, by its nature. He requested Mrs. Donovan continue to keep the City informed regarding any information she obtains, and the City would continue to reiterate this information, as well. Mayor Coughlin encouraged concerned residents to contact the Metropolitan Council Representative, Jim Nelson, who represents the Mounds View area, and is one of the individuals who would make the decisions on this matter. Mrs. Donovan advised that Mr. Nelson's telephone number is (612) 789-5859. Mayor Coughlin thanked Mrs. Donovan for her comments, adding that if there was anything further the Council and staff could do to assist, they would do so. He indicated he had contacted everyone he could think of, including speaking to Representative Haake in this regard, that date. He stated people appear to be aware of this issue, and hopefully it can come to a conclusion that is agreeable to all. City Administrator Whiting advised that whomever is contacted in this regard, and whether this is done via letter, E-mail, or telephone, the Metropolitan Transit Commission requests that specific information be provided to help them assess what the busses are utilized for. He explained that this would include the residents' addresses and bus route utilized, the time of day they ride the bus, whether the bus service is used for business or pleasure, and if they have any other mode of transportation. He stated this type of information is necessary in order to build their database, and to assist them in making better decisions. Mounds View City Council February 14, 2000 Regular Meeting Page 9 • There were no further requests or comments from the floor. 10. COUNCIL BUSINESS A. Public Hearing and Second Reading of the Assessment Policy Revisions, Consideration and Adoption of Ordinance No. 654, an Ordinance Amending Chapter 202, Section 202.09 of the Mounds View Municipal Code Entitled "Public Improvements." Mayor Coughlin opened the Public Hearing at 7:40 p.m. Director of Public Works Ulrich stated before the Council was Ordinance 654, in which staff has attempted to incorporate all of the wishes of the Council and the Streets Policies Committee, as the directive for the new Street Reconstruction and Assessment Policies. He indicated the changes are underlined, and the omissions have been stricken through. Director of Public Works Ulrich stated the opening signet of the ordinance indicates the methods of street reconstruction and rehabilitation, which will be used by the City of Mounds View in considering future projects and assessments. He advised that the design standard of the street that is being proposed for any type of rehabilitation or reconstruction will be the current design, and this will be the design from which the City will start. He noted the project would then move forward to a more substantial design, or stay with the current design. He explained that there . was no longer a "one-design-fits-all" approach to these projects. He advised that there is also a caveat in the ordinance, which indicates that if a project were constructed to a higher design standard, as warranted by the Council or the residents, it would require Council approval. Director of Public Works Ulrich stated in regard to the types of improvements and cost appropriation, the "one-half' under Subdivision 2, Improvement Type and Apportionment of Cost, has been stricken and replaced with adjusted front footage of the project. He indicated the previous method had taken the adjusted front footage of the project, divided it by the project cost, and utilized one-half of that. He stated the method for determining assessments was now based particularly upon the collector streets, (MSA and County roads), and with every project, the resident would be responsible for 100 percent of the pavement and base of that project. Director of Public Works Ulrich pointed out that in the case of a collector street, where the County may undertake additional improvements, such as curb and gutter, in order to utilize their MSA funds, the price would be $14.60, per frontage foot, per resident. He explained that this cost would be one-half of the cost fora 26-foot wide section, based upon estimates obtained by staff for recycle and overlay, which is the most drastic rehabilitation method. Director of Public Works Ulrich indicated the total one-foot of street reconstruction, from one side to the other, would be, at maximum, $29.20, and half of that amount would be the responsibility of each resident. He advised that this would also apply to non-collector streets, • and the cost shall not exceed $14.60 per frontage foot. He indicated the cost would be adjusted annually, by resolution, in accordance with the Engineering News Record, which is an engineering publication, which provides project and construction methods, and other means to obtain approximate values. Mounds View City Council February 14, 2000 Regular Meeting Page 10 Director of Public Works Ulrich stated residents who request additional amenities on projects, such as curb and gutter, additional stormsewer that may be associated with that curb and gutter, sidewalks, trails, etc, would be assessed 25 percent of the entire additional costs. He explained that if 51 percent of the people on the project desired the addition of curb and gutter, this would include the entire associated costs with curb and gutter, such additional staking, possible cuts and fills in elevation to obtain proper drainage, grading, and the like. Director of Public Works Ulrich stated Item A.3 indicates that 100 percent of all turnback funds received from Ramsey County will be applied to new construction or pavement costs of the road that was received. He noted that currently there is only one road remaining for which the City would receive turnback funds from Ramsey County, and that is County Road H-2. Director of Public Works Ulrich advised that a substantial portion of Item B contains language, which indicates that the resident will be assessed for 100 percent of the street project, which is basically the pavement surface and the base. He advised that the Council would approve a mean that the City would attempt to maintain, according the City's Pavement Condition Index Rating, with a 100 rating indicating new pavement, and a rating of 0, being an unpaved road. Director of Public Works Ulrich stated staff has received the results of the Pavement Management Survey that was conducted a few weeks prior, and would be tabulating that information, and incorporating it into some maps. He explained that the City would attempt to maintain a pavement index based upon what is affordable, can be maintained, and is an • acceptable level of pavement. Director of Public Works Ulrich stated that based upon the Pavement Condition Index ratings, a certain rehabilitation method might, or might not be recommended for a particular project. He explained that if a pavement has a rating of 70, it would be possible that an overlay would resolve any deficiencies, or improve the structure and the ride quality, however, if the rating dropped down to 50, a mill and overlay might be required. Director of Public Works Ulrich advised that these considerations that would fluctuate from year to year, and section by section. He indicated that once a pavement is at a certain level, there is basically only one way to rehabilitate it, and that would be to grind it up, put it back down and do an overlay over it. He stated that based upon the recommendations, staff would not recommend an overlay on a pavement that has a 30 Pavement Condition Index rating, because this would be money wasted, and would result assessments to property owners for a lesser project, when something stronger was necessary. Director of Public Works Ulrich stated Item C pertains to sidewalks, and the additional language indicates that sidewalks which are requested beyond those contemplated on the City's sidewalk and trail plan, would be assessed at 25 percent of the cost, to the affected property owners. He advised that the language specifically states "Sidewalks are generally installed on the City's major streets, or in accordance with the City's sidewalk and trail plan, which will connect several neighborhoods and community attractions in a logical pattern; these improvements will not be assessed to the abutting property owners." Director of Public Works Ulrich stated Item J indicates "In projects involving new street construction and mill and overlays, mailboxes will be grouped on gang posts in numbers logical to the spacing required. This practice will insure the proper placement of mailboxes, reduce Mounds View City Council February 14, 2000 Regular Meeting Page 11 • potential roadside hazards, and generally clean up the edge of the street. The cost of new posts and installation will be added to the project. Residents of mill and overlays may request the new posts and installation, which will be added to the cost of the project." There was no public input. Mayor Coughlin closed the Public Hearing at 7:50 p.m. Mayor Coughlin advised that this was the second reading of Ordinance 654, with the amended areas having been outlined by Director of Public Works Ulrich. He indicated he contacted the former chair of the Streets Policies Committee, Mary Malrick, who was unable to attend the hearing for a variety of reasons. He explained that Mrs. Malrick had requested he convey to the Council that she and the former members of the Streets Policies Committee she had spoken with, were in favor of the language of this ordinance, as it has been presented before the Council. MOTION/SECOND: Marty/Thomason. To Waive the Reading and Approve Second Reading and Adopt Ordinance No. 654, an Ordinance Amending Chapter 202, Section 202.09 of the Mounds View Municipal Code Entitled "Public Improvements." Council Member Marty stated the language of the ordinance has been clarified, and is more specific than it was in the past. He noted one of the items he particularly approved of was the provision that property owners would be assessed for the cost of the pavement surface and base, which would not exceed $14.60 per frontage foot. He advised that this could be amended to • reflect inflation, however, it would have to come before the Council on an annual basis. Council Member Marty stated the language of this ordinance provides for a specific dollar amount, and in speaking with Director of Public Works Ulrich he had learned that some of the other projects in the City were substantially more costly. He pointed out that Bronson Drive had cost $42.00 per frontage foot. He advised that the cost to property owners would not exceed $14.60 per frontage foot, which is the maximum assessment. He explained that in the event the costs are lower, depending upon the type of pavement, and the specific requirements of the road, the residents would pay less than $14.60, per frontage foot. Mayor Coughlin indicated this matter pertains to State Statute 429, which indicates that a property owner cannot be assessed more than the improvements or added value to his property. He explained that there has been an ongoing battle-cry in this regard, and this ordinance appears to at least address the spirit of this, in that residents will have a general idea, in advance, regarding the cost of these projects. Mayor Coughlin pointed out that if the project costs exceed the maximum amounts set forth in the ordinance, the Council has established the Street Improvement Fund, which would provide the additional funds necessary to reconstruct the street, without resulting in further assessments to the residents. He explained that this was one of the best purposes for the Street Improvement Fund, in terms of peace of mind, particularly for those on fixed incomes, who may have to • rearrange their finances to pay for an assessment. He indicated this was a good compromise, and although it was not what he had advocated several years prior to becoming Mayor, he believed this was awell-rounded policy that is good for all involved, and big step forward for the residents of the City. Mounds View City Council February 14, 2000 Regular Meeting Page 12 Roll Call/Vote: Thomason, Stigney, Marty, Quick, Coughlin Ayes - 5 Nays - 0 Motion carried. Mayor Coughlin commented that this was a difficult issue, and he was pleased that this portion of the matter has been resolved. Council Member Quick stated he had hoped they could take this matter a step farther, in terms of the assessment policy, and have no assessments, at all. Mayor Coughlin stated he would like the record to reflect that on this point, he and Council Member Quick agreed. Council Member Marty expressed his appreciation to Director of Public Works Ulrich and staff for their work in preparing this matter for consideration. He stated they had done a good job. Mayor Coughlin stated a variety of kudos have been extended over the months, adding that the Streets Policies Committee, and its Chair, Mary Malrick, had worked on this matter, and various Council Members had, at one point or another, spoken with that group, in this regard. He explained that this was the end product of their labor, and he was certain they would be pleased with it. • B. Consideration of Resolution 5412, Resolution Appointing Police Civil Service Commissioner Mayor Coughlin stated he was in receipt of a letter of resignation from Robert Toberg, who has served for some time on the Mounds View Police Civil Service Commission. He stated Mr. Toberg extended his appreciation to staff and the City Council for all of the help they have provided the Commission, since he was first appointed. Mayor Coughlin stated with his acceptance of Mr. Toberg's resignation, that date, there were now two positions to be filled on the Police Civil Service Commission. He stated he would offer as a motion that the Council appoint Janet Quick to the full three-year term, and that Eric Miller be appointed to fill the remaining term of Bob Toberg, now former Civil Service Police Commissioner. Council Member Quick inquired regarding the length of the term that was being vacated. Mayor Coughlin advised that this was atwo-year term, with slightly less than this remaining. He added that he was uncertain if the names of these appointees have been listed in Resolution 5412, however, if the Council so desires, they would direct staff to add these names into the blanks. MOTION/SECOND: Coughlin/Marty. To Approve Resolution No. 5412, a Resolution Appointing Janet Quick to a three-year term to expire December 31, 2002, and Eric Bradley Miller to fill the remaining two-year term to expire December 31, 2001, to the Police Civil Service Commission. Ayes - 5 Nays - 0 Motion carried. C. Review of Golf Course Sign Proposals. Mounds View City Council February 14, 2000 Regular Meeting Page 13 . City Attorney Long stated the Council Members had all received a copy of a letter dated February 10, 2000, from Adams Ultra-Advertising. He stated this is one of the companies that had submitted a proposal for billboards, and the letter had raised some procedural questions, regarding the process utilized by the City for proceeding with this matter. He stated City Administrator Whiting had requested he review the letter and respond, and he had directed his response to Robert Grazinger, General Manager, and John Bodger, Real Estate Manager for Adams Ultra-Advertising. City Attorney Long indicated the letter raised a series of questions that appeared to be based upon an assumption that this process was governed by the State's Competitive Bidding Law, which would be applicable, if the City was purchasing a vehicle or a piece of equipment. He explained however, as his letter pointed out, this particular process was not a "Competitive Bid" process under the State Statute, but rather a Request for Proposal process that the City may legally, and does frequently file in the sale or lease of real estate. He stated this process involves the leasing of real property of the City. He stated he had advised that all of the procedural questions they had raised were simply not applicable to this situation. He explained that in reviewing all of the information from the original posting, to the Request for Proposal documents, it was very clear that this process complies with any legal requirements the City would have to meet with a Request for Proposal of this nature. Golf Course Director John Hammerschmidt indicated that in December, the Golf Course Committee had advertised in the newspapers, requesting companies to contact them with any proposals to construct billboards on the golf course. He explained that they had listed three categories of particular interest, which included the financial considerations, creative design of the billboards, and signs that are as environmentally friendly as possible. Golf Course Director Hammerschmidt indicated that after the proposals were received in January, the Golf Course Committee met to evaluate them in the order they were submitted, with the idea that they would select one vendor or more, depending upon the outcome of the signs. He stated the Golf Course Committee had overwhelmingly decided that Eller Media had presented the best options, both financially, and particularly, creatively. He indicated this proposal was in keeping with the theme of the Bridges Golf Course, and the signs are unique, in that they would have a brick facing built into a berm that is proposed to be constructed around the golf course in the future. He stated there would be much leeway for siting these particular signs on certain areas of the golf course. Golf Course Director Hammerschmidt requested the Council authorize staff to commence drafting and negotiating a lease agreement between the City and Eller Media, based upon the proposal they have presented. City Attorney Long advised that this matter would come back before the Council as a formal lease document, hopefully, by their next meeting. MOTION/SECOND: Quick/Marty. To Authorize Staff to Negotiate Some Form of Agreement with Eller-Media. Council Member Stigney stated this matter has not gone back before the Planning Commission at this point, and it appears that staff is requesting to take action on this, prior to the Planning Mounds View City Council February 14, 2000 Regular Meeting Page 14 • Commission's final say on the matter. He advised that it would be more appropriate to have the Planning Commission examine the matter, prior to this action. Golf Course Director Hammerschmidt stated the Planning Commission would review the matter on Wednesday, and the lease agreement would be negotiated within the next two weeks. He explained that staff was not attempting to rush this matter through, but rather, to maintain a good timetable. He advised that the sunset provision is already built into the lease, and each day they do not have the billboards represents approximately $800 to $1,000 per day lost revenue, therefore, there is some impetus to construct the signs as quickly as possible, since they have decided to proceed with this proposal. Council Member Stigney inquired if he was correct, therefore, in his understanding that staff was simply gathering preliminary lease agreements, prior to the Planning Commission review, and prior to the matter coming back before the Council. Golf Course Director Hammerschmidt stated in his understanding, the actual lease agreement would not go before the Planning Commission for consideration. City Administrator Whiting advised that there were two matters occurring in tandem with each other. He explained that the Interim Use Permit must be put together, and in order to do this, the City would have to have something from Eller Media suggesting what the nature of the signs would be, and whether or not this is what the City desires. He indicated that when making the final decisions on both of these matters, he was uncertain which should come first. • City Attorney Long stated the City would have to obtain an Interim Use Permit to place billboards on City property, regardless of which vendor is selected, and therefore, they must make application under Ordinance 644, which gives the authority to have billboards as an interim use. He advised that if a lease is negotiated or entered into, it would have as a condition that it would only be valid if the vendor were able to obtain the necessary State permit. He explained that this second permit is required in order to place billboards on, or adjacent to a State highway. City Attorney Long explained that there were four steps in this process. He indicated the first step is he consideration currently before the Council, which is to authorize working with a vendor. The second step would be to negotiate a lease, which contains the condition pertaining to a State permit. The third step would be for the City, as the owner of the property, to obtain the Interim Use Permit, and the fourth step would be for the vendor to actually obtain the State Highway permit. He advised that the Planning Commission is technically not the applicant for any of these items, but rather, their involvement would be in terms of reviewing the Interim Use Permit. Council Member Stigney inquired at what point in this process would the public hearing for residents' concerns be held. . City Attorney Long stated the public hearing would probably occur upon the granting of the Interim Use Permit. He explained that the Planning Commission would notice their review of the permit as a public hearing, after which, the matter come back before the Council, in order to grant the permit. Mounds View City Council February 14, 2000 Regular Meeting Page 15 Community Development Director Jopke advised that there has been notice of a public hearing to be held Wednesday night, before the Planning Commission. He explained that the Interim Use Permit and the Ordinance which created it also indicates that the Intenm Use Permit is valid only so long as there is a valid lease, therefore, these items are all tied together, and contingent upon each other. Council Member Stigney stated his concern was that there be adequate public notice to residents, in order that they may provide their comments, prior to the adoption of some part of this by the Council. He stated he understood that the Planning Commission would hold a public hearing, however, inquired if this matter would come back before the Council for another public hearing, prior to the final adoption. City Attorney Long stated it would. Ayes - 5 Nays - 0 Motion carried. Mayor Coughlin stated the public hearing pertaining to the interim use process would be held the following Wednesday, in Council Chambers. He advised that this meeting would commence at 7:00 p.m., and would also be televised. D. .Adoption of Ordinance 653, an Emergency Interim Ordinance regulating the presence and siting of tattoo, body piercing, body branding, body painting, and related establishments within the City. Planning Associate Ericson stated this item was discussed at the Council Work Session on December 7. He indicated this is an Emergency Interim Ordinance, which would allow the City time to review the zoning and land use regulations pertaining to tattoo shops, body piercing, branding shops, and businesses of this nature. He stated it was not anticipated the review of this matter would require an extremely long period of time. He explained that staff has already received some sample languages from other cities, and would bring the matter before the Planning Commission in the near future. He indicated that in working with the City Attorney, staff would probably have language for consideration within six months. Planning Associate Ericson explained that this ordinance is drafted in a manner that it would expire in six months, or at such time that the City adopts language with regard to these types of uses. He indicated that this allows the City Council the opportunity to approve this ordinance at this time, and is in keeping with the City's Charter and State Statutes. City Attorney Long stated State Statutes specifically permit cities to adopt interim ordinances on an emergency basis. He explained that the term "emergency" is only used because it allows the City, through the Charter, to address these considerations in a single reading. He noted there was a similar situation in the past, when adult uses had first come forward, and the City adopted an Interim Use Ordinance pertaining to adult uses, in order to institute some zoning in this regard. MOTION/SECOND: Thomason/Stigney. To Adopt Ordinance 653, and Emergency Interim Ordinance Regulating the Presence and Siting of Tattoo, Body Piercing, Body Branding, Body Painting, and Related Establishments Within the City. Roll Call/Vote: Marty, Quick, Stigney, Thomason, Coughlin Mounds View City Council February 14, 2000 Regular Meeting Page l6 Ayes - 5 Nays - 0 Motion carried. E. Consideration of Ordinance No. 637. Community Development Director Jopke advised that Ordinance 637 is an ordinance that creates the types of permitted signage in the Public Facilities and Conservancy, Recreational, and Preservation Zoning Districts. He indicated the Council has discussed this item a couple of times, and at their last regular meeting, the item was continued, due to concerns expressed by the City Attorney's Office regarding how this might affect the billboard issue. Community Development Director Jopke advised that in addressing the City Attorney's concern, the last sentence in each of the paragraphs of the ordinance indicates "Billboards, as permitted by Section 1008.08 Subd. 10, are allowed as an interim use under Minnesota Statutes 462.3597." He explained that this language has been added pursuant to Council discussion, in order to clarify that billboards would not be prohibited in those particular Zoning Districts. Community Development Director Jopke stated Ordinance 644, which created the Interim Use Permit for billboards, would also pertain to property that is zoned Planned Unit Development, therefore, Paragraph O has been added to the ordinance, which indicates that in these districts "Billboards as permitted by Section 1008.08, Subd. 10, are allowed as an interim use under Minnesota Statute 462.3597." • Community Development Director Jopke advised that these are the additions to the ordinance, and staff recommends that the Council approve the second reading, and adopt Ordinance 637. City Attorney Long noted the caption of the ordinance should be amended to reflect the addition of the Planned Unit Development District, to indicate "...in PF (Public Facilities), in CRP (Conservancy, Recreational, and Preservation) Zoning Districts, and PUD (Planned Unit Development) Districts." MOTION/SECOND: Coughlin/Thomason. To Approve Second Reading and Adopt Ordinance 637, an Ordinance Amending Section 1008 of the Mounds View Municipal Code to Set Signage Standards in the PF (Public Facilities) and CRP (Conservancy, Recreational and Preservation) Zoning Districts, and to Amend the Caption to Include the Verbiage "and PUD (Planned Unit Development) Districts." Council Member Stigney stated he was concerned with regard to allowing billboards on Planned Unit Developments. He inquired how this occurred, and the reason for it City Attorney Long explained that when the "limited district" was created, in which billboards could exist in the City under Chapter 644, there were three different Zoning Districts affected in that limited geographical area, north of Highway 10. He explained that one of these districts is Public Facilities, one is Conservancy, Recreational, and Preservation, and the third is the Sysco property, which is zoned Planned Unit Development. He advised that the Planned Unit Development was incorporated to provide that they were not singularly zoning one piece of property, in order to avoid concerns regarding "spot zoning." He stated these are the three different types of zoning in which billboards are permitted, in that one geographical area. Mounds View City Council February 14, 2000 Regular Meeting Page 17 • Council Member Stigney stated it was his understanding billboards were still restricted to the area north of Highway 10. City Attorney Long stated this was correct. He explained that there were two modifiers in the ordinance, one of which is Section 1008.08 Subd. 10. He stated this is the new verbiage that limits billboards to this specific area. Council Member Marty inquired if the second modifier was the sunset clause. City Attorney Long stated this was correct. He explained that this sunset clause is 15 years in duration, and is also addressed in that Code. He pointed out that the term "Interim Use," is utilized, because it allows for the fifteen-year restriction. Council Member Marty stated he had not seen the sunset clause in this ordinance. City Attorney Long advised that this ordinance refers to Ordinance 644, which contains the sunset clause. Roll Call/Vote: Stigney, Quick, Thomason, Marty, Coughlin Ayes - 5 Nays - 0 Motion carried. F. Appointing Mayor Coughlin as Interim Representative to the Anoka County- Blaine Airport Commission. Mayor Coughlin stated he has received word that Sharon Croon, who has served on the Anoka County-Blaine Airport Advisory Committee would be unable to carry out her duties on that committee, therefore, he would request the Council appoint him as the interim, second member of that committee. MOTION/SECOND: Quick/Stigney. To Appoint Mayor Coughlin as Interim Representative to the Anoka County-Blaine Airport Advisory Committee. Ayes - 5 Nays - 0 Motion carried. Mayor Coughlin extended his appreciation to Mrs. Croon for the time that she served on the Anoka County-Blaine Airport Advisory Committee. He noted she had expressed some significant frustrations, with regard to the goings on there, however, stuck it out like a trooper. He extended his best wishes to Mrs. Croon in the future. 11. Next Council Work Session: Next Council Meeting: Monday, March 6, 2000 - 6:00 P.M. Monday, February 28, 2000 - 7:00 P.M. 12. ADJOURNMENT Mayor Coughlin adjourned the meeting at 8:21 p.m. Transcribed and recorded by: Trish Pearson