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HomeMy WebLinkAboutMinutes - 2000/07/24PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA 1. 2. ~: < y ~, u` n ~,~,,.,} 4~ ~s , ., MEETING IS CALLED TO ORDER Regular Meeting July 24, 2000 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 7:00 P.M. ROLL CALL: Coughlin, Quick, Stigney and Thomason. NOT PRESENT: Marty. 3. APPROVAL OF AGENDA A. Monday, July 24, 2000, City Council Agenda. Mayor Coughlin asked the Council if anyone would like to add items to the agenda. • Acting City Manager Ulrich added Item l OD, Consideration of Resolution 5456 Approving Rice Creek Watershed District Ponding Concept Plan for Greenfield Park. MOTION/SECOND: Quick/Thomason. To accept the July 24, 2000, City Council Agenda as revised. Ayes - 4 Nays - 0 Motion carried. 4. APPROVAL OF MINUTES A. Monday, June 26, 2000, City Council Minutes. Mayor Coughlin requested a correction to Page 2, 5th paragraph, to indicate Cor Wilson instead of Cora. MOTION/SECOND: Stigney/Quick. To approve the June 26, 2000, City Council minutes as corrected. Ayes - 4 Nays - 0 Motion carried. • B. Monday, June 12, 2000, City Council Minutes. Mayor Coughlin noted that the meeting minutes of June 12, 2000, had been approved, with amendments, at the previous meeting. Mounds View City Council July 24, 2000 Regular Meeting Page 2 • Council Member Stigney pointed out that the meeting minutes presented in the packet do not yet have the corrections made to them. Mayor Coughlin agreed that the corrections had not yet been made. 5. SPECIAL ORDER OF BUSINESS None. 6. REPORTS Council Member Stigney addressed the problem of graffiti and advised that Ramsey County has a reward of up to $2,000 for information leading to an arrest and indictment to a person responsible for criminal damage to property. He suggested those who are interested and wish to remain anonymous should call Crime Stoppers. He stated he will provide this information to the Acting City Administrator so it can be presented to the local newspapers and included in an upcoming Mounds View Matters. Council Member Stigney stated at the July 10, 2000 Council meeting, he had indicated that the motion to adopt the Ordnance on Reliant Energy may be in conflict with the Charter, Section 305, which requires that the ordinance be read in full. He read this section of the Charter and explained the Charter requires ordinances to be read in full unless the ordinance reading is dispensed of by the Council. Mayor Coughlin stated it may have been an oversight but the initial motion to approve indicates the waiving of reading. He stated his recollection that the waving and reading were unanimously approved simultaneously. Mayor Coughlin stated if desired, the waving of the reading and adoption can be considered under two separate motions. Council Member Quick had no report. Council Member Thomason had no report. Mayor Coughlin reported on his attendance at the 10th Anniversary of the Ramsey County library which was well attended. He thanked all who participated in this occasion. Mayor Coughlin stated there has been ongoing discussion regarding the area around 35W and west to new Highway 10 where a sound wall has been requested by the residents. He reported that last week he spent many hours on the telephone trying to facilitate some discussion on that matter and to begin that process. Mayor Coughlin explained that Mn/DOT has taken a variety of • sound samples and indicated they are surveying 800 sites with similar noise complaints. Mn/DOT hopes to have all of that information compiled within the next few weeks at which time he will contact the Council. Mayor Coughlin stated once this information is received, it will be Mounds View City Council July 24, 2000 Regular Meeting Page 3 better determined where the City of Mounds View is in the process for funding of a noise wall at that location. Mayor Coughlin stated he continues to work with other elected officials to make them aware of the situation and bring as much pressure to bear as possible to assure Mounds View is included in this consideration. He stated he will keep the Council apprised as information becomes available. Acting City Administrator Ulrich had no report. City Attorney Long reviewed that the Metropolitan Council has established an Aviation Task Force to work on the planning of the Metropolitan Reliever Airports and suggested the Council consider how to track that activity. He stated the Task Force may have some meetings that the Council wishes to have Mounds View represented to assure the City is not under represented. Mayor Coughlin noted that Kennedy and Graven has been key in tracking these types of meetings and asked if it is something City Attorney Long would be comfortable attending on a case-by-case basis to determine what policy and procedural implications there are with the task force meetings. City Attorney Long stated they could determine the meeting schedule and time commitment and, if it is quite extensive, discussion can be held if a staff person should be assigned. However, if it is a once a month meeting, they can discuss that option and the billing for that representation. Mayor Coughlin stated City Attorney Long is knowledgeable with the airport issues and been involved in the legislation so it may be appropriate for him to attend the Task Force meetings rather than a staff person who does not have the background information. City Attorney Long stated they will determine the meeting schedule and report that information to Acting City Administrator Ulrich. No further reports were considered. 7. CONSENT AGENDA A. Approve Just and Correct Claims B. Licenses for Approval C. Resolution 5452 to Accept Grant Funding for Safe & Sober Traffic Enforcement Project D. Approval and Authorization of Edgewood Drive /City Hall Park Lighting Project E. Accept Local Surface Water Management Plan and Approve its Release to Various Agencies F. Set a Public Hearing for 7:05 p.m., Monday, August 14, 2000, to Discuss and Consider (1) Resolution 5453, a Resolution Approving the Wetland Alteration Permit and Development Review Stage of the Proposed Walgreens Mounds View City Council Regular Meeting July 24, 2000 Page 4 • PUD; (2) Resolution 5454, a Resolution Approving the Preliminary Plat of the Proposed Walgreens Major Subdivision; (3) the First Reading (Introduction) of Ordinance 665, an Ordinance Rezoning Properties Associated with the Walgreens Development from B-3 and PF to PUD; and (4) the First Reading (Introduction) of Ordinance 666, an Ordinance Vacating the Old Edgewood Drive Right of Way Included within the Proposed Walgreens PUD. G. Set a Public Hearing for 7:10 p.m., August 14, 2000, to Discuss and Consider the First Reading (Introduction) of Ordinance 663, an Ordinance Creating Language to Administer and Regulate Tattoo and Body Piercing Establishments within the City of Mounds View. H. Set a Public Hearing for 7:15 p.m. relating to the proposal of the Mounds View Economic Development Authority (the "EDA") to amend the Project Plan for the EDA's Mounds View Economic Development Project (the "Project") and to amend the tax increment financing plans for the tax increment financing districts heretofore established within the Project to reflect increased development goals, activities, expenses and bonded indebtedness; all pursuant to Minnesota Statutes, Sections 469.001 through 469.047, 469.090 through 469.108, 469.124 through 469.134, and 469.174 through 469.179. • Mayor Coughlin asked the Council if anyone would like to remove Items for discussion. Council Member Stigney removed Item A, Just and Correct Claims. With regard to Item H, he asked whether setting the public hearing is a Council or EDA consideration. Economic Development Coordinator Parrish explained that the actual public hearing is held by the City Council. MOTION/SECOND: Thomason/Quick. To Approve the Consent Agenda for Items B, C, D, E, F, G, and H as presented. Ayes - 4 Nays - 0 Motion carried. A. Approve Just and Correct Claims. Council Member Stigney inquired regarding a claim for .Department 4901 to Best Buy in the amount of $5,848. Acting City Manager Ulrich stated he will research that expenditure and report back to Council later in the meeting. • Mayor Coughlin stated the Council will return to that consideration once Acting City Manager Ulrich has obtained that information. 8. UNFINISHED BUSINESS Mounds View City Council July 24, 2000 Regular Meeting Page 5 None. 9. RESIDENTS REQUESTS AND COMMENTS FROM THE FLOOR There were no requests or comments from the floor. 10. COUNCIL BUSINESS A. Public Hearing for the Introduction and First Reading of Ordinance 658, an Ordinance Amending Chapter 1103 of the Zoning Code Pertaining to Fences and Fence Heights. Mayor Coughlin opened the Public Hearing at 7:22 p.m. Planning Associate Ericson explained proposed Ordinance 658 is before the Council for introduction and first reading. He explained that if approved, it will allow consideration of taller fences in front yards. It was noted that Staff and the Planning Commission recommends that the City Council hold the first reading of this ordinance and schedule the second reading and adoption of this ordinance on • August 14, 2000. There was no public input. Mayor Coughlin closed the Public Hearing at 7:23 p.m. MOTION/SECOND: Quick/Thomason. To Waive the Reading of Ordinance 658, an Ordinance Amending Chapter 1103 of the Zoning Code Pertaining to Fences and Fence Heights. Ayes - 4 Nays - 0 Motion carried. MOTION/SECOND: Quick/Stigney. To Approve the First Reading of Ordinance 658, an Ordinance Amending Chapter 1103 of the Zoning Code Pertaining to Fences and Fence Heights. Ayes - 4 Nays - 0 Motion carried. B. Public Hearing for the Introduction and First Reading of Ordinance 664, an Ordinance Amending Chapter 1106 of the Zoning Code Pertaining to Accessory Buildings. Mayor Coughlin opened the Public Hearing at 7:25 p.m. . .Planning Associate Ericson stated Ordinance 664 was drafted to create some flexibility for residents who want to apply for oversized sheds and garages without the need for a conditional use permit. He explained that many such requests were being considered and the Council Mounds View City Council July 24, 2000 Regular Meeting Page 6 • directed staff to work with the Planning Commission to arrive at a Code revision that would be more flexible and permissive for the residents, as long as certain predetermined conditions were met. Planning Associate Ericson advised the Planning Commission initiated discussion on this issue on June 7, 2000, and at each meeting subsequent from that point through July 19, the Planning Commission developed and refined the language to allow more flexibility which is now represented by Ordinance 664. On July 19, 2000, the Planning Commission approved Resolution 624-00, which recommends to the City Council adoption of this ordinance. Planning Associate Ericson explained the changes contemplated by Ordinance 664 are numerous, the most substantial of which are as follows. • All property owners are allowed 1,400 square feet of accessory building space subject to the 20% maximum rear yard coverage ratio. • All properties are allowed a 952 square foot garage, regardless of footprint of home. • Three accessory buildings are allowed instead of two. • Limit of one garage eliminated. • "Size of accessory building not to exceed footprint of house" requirement eliminated altogether. • Distinction between garage and shed eliminated-simply referred to as accessory buildings. Planning Associate Ericson explained there are other changes contemplated by Ordinance 664, some of which are minor and "housekeeping" in nature, while other changes simply clarify the Code and address "setback" issues which, up to this point, the Code has been silent on. Planning Associate Ericson stated staff is talking with the Fire Marshall regarding the language on Page 3 of the ordinance addressing separation between buildings. Currently the Code states all accessory buildings must be separated by 6 feet but the Building Code only requires a separation of 3 feet. Planning Associate Ericson explained the proposed ordinance would make it consistent with the Building Code. However, in that case, the structures must be Fire Code compliant so a footnote will be added referencing the Fire Code or explicitly stating that any separation of less than 5 feet will require modifications to meet the Fire Code. Planning Associate Ericson advised that Staff and the Planning Commission recommend the City Council hold first reading of Ordinance 664 and scheduling of the second reading and adoption of this ordinance on August 14, 2000. There was no public input. Mayor Coughlin closed the Public Hearing at 7:30 p.m. • MOTION/SECOND: Stigney/Quick. To Waive the Reading of Ordinance 664, an Ordinance Amending Chapter 1106 of the Zoning Code Pertaining to Accessory Buildings. Mounds View City Council July 24, 2000 Regular Meeting Page 7 • Ayes - 4 Nays - 0 Motion carried. MOTION/SECOND: ThomasonlQuick. To Approve the First Reading of Ordinance 664, an Ordinance Amending Chapter 1106 of the Zoning Code Pertaining to Accessory Buildings. Council Member Stigney asked if the 3-foot separation is measured from the outside of the building. Planning Associate Ericson stated the measurement is from wall to wall of any building considered as a structure. He stated there is an allowance given for eaves. Mayor Coughlin stated the setback is usually measured from the outside of one exterior wall to the outside of the other exterior wall. Ayes - 4 Nays - 0 Motion carried. A. Approve Just and Correct Claims -continued. • Acting City Manager Ulrich reported that Department 4901 is the account for the Golf Course for Clubhouse Operations. MOTION/SECOND: Quick/Thomason. To Approve Just and Correct Claims. Council Member Stigney stated he would like to know what the purchase was for since it was from Best Buy. Mayor Coughlin noted the policy to encourage the Council to contact staff members prior to the meeting so staff can be prepared to answer such a question. Ayes - 4 Nays - 0 Motion carried. C. Consideration of Business License Applications. • Assistant to the City Administrator Reed stated she is requesting approval of four business licenses as follows: Larry's Quality Sanitation, Donut Connection, Mounds View Best Steak House, and Taco Bell. She reported each has paid the appropriate fee and the Utility, Police, and Health reports indicate that there are no violations that would prohibit the renewal of these license applications. MOTION/SECOND: Stigney/Thomason. To Approve business license applications for Larry's Quality Sanitation, Donut Connection, Mounds View Best Steak House, and Taco Bell as recommended by staff. Mayor Coughlin noted the mention in staff's report about the five businesses that were operating without a Mounds View business license. Mounds View City Council July 24, 2000 Regular Meeting Page 8 Assistant to .the City Administrator Reed stated the original letters indicating licenses would expire were mailed in May and expired on June 30. On July 5, she sent an another letter but to- date there are five businesses that are operating without a City of Mounds View Business License. Those businesses include: Blimpies Subs & Salads, Hardees, KFC, Perkins Family Restaurant and Subway. She explained that since those five businesses have not submitted renewal applications, she would recommend making one more attempt to reach them by mail Mayor Coughlin stated since five businesses are operating without a license, he would like to request a legal opinion regarding actions to be considered in addition to sending out one more letter. City Attorney Long stated if some businesses renew and others do not renew, the question can be raised by the compliant businesses asking why they are required while others do not have a license. He advised that operating without a license is a violation of the Code and a misdemeanor. He stated it would also be subject to civil penalties. City Attorney Long suggested the next letter include a clause putting them on notice that operating in the City without a license is in violation of the City Code. He stated there are two alternatives: a criminal procedure of the misdemeanor andlor civil actions. Council Member Stigney asked if the City has a late charge fee policy. Assistant to the City Administrator Reed stated there is a late fee of 10% for some licenses, such as garbage and rubbish haulers. However, the Code does not include a late fee for restaurants. Mayor Coughlin suggested direction to staff to add a 10% late fee penalty for this license. Assistant to the City Administrator Reed asked if that should be implemented to all licenses issued or just to add restaurant licenses. Mayor Coughlin suggested it be added to all licenses that are issued by the City since it incurs additional staff time and costs. The Council agreed to this suggestion as well as including the language suggested by City Attorney Long in the next letter sent to non-compliant businesses. Ayes - 4 Nays - 0 Motion carried. D. Consideration of Resolution 5456 Approving Rice Creek Watershed District Ponding Concept Plan for Greenfield Park. Mayor Coughlin advised that Resolution 5456 simply approves a concept and does not "tie" the • City to a particular plan or to do this. The Resolution will simply allowing the Watershed District to budget and set aside funds for a potential project and establishes an ability for the City to facilitate information groups and public hearings to assure all understand what is being discussed. C~ • • Mounds View City Council Regular Meeting July 24, 2000 Page 9 MOTION/SECOND: Quick/Thomason. To waive the reading and approve of Resolution 5456 Approving Rice Creek Watershed District Ponding Concept Plan for Greenfield Park. Ayes - 4 11. Next Council Work Session: Next Council Meeting: Nays - 0 Motion carried. 12. ADJOURNMENT Mayor Coughlin adjourned the meeting at 7:43 p.m. Transcribed and recorded by: Carla Wirth Timesaver Off Site Secretarial, Inc. Monday, August 7, 2000 - 6:00 P.M. Monday, August 14, 2000 - 7:00 P.M. MOUNDS VIEW CITY COUNCIL MEETING ~3:,~, ay. ac~o~ Please sign in r.~~~lE, ADDKESS C:Admin.resolution.sign-in sheet