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HomeMy WebLinkAboutMinutes - 2000/04/28PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA ~+ r.~^ ~, ~~ ,~`' ~ ~ Regular Meeting ' ~" ~ "' August 28, 2000 ~: ~~ ^~ may Mai Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 7:00 P.M. 1. MEETING IS CALLED TO ORDER 2. ROLL CALL: Coughlin (left at 7:59 p.m.), Marty (arrived at 7:28 p.m.), Quick, Stigney and Thomason. NOT PRESENT: None. 3. APPROVAL OF AGENDA A. Monday, August 28, 2000, City Council Agenda. • Mayor Coughlin asked the Council if anyone would like to add items to the agenda. He advised that Item lOG, Consideration of Resolution 5458, a Resolution Approving the Final Plat for the "Mounds View City Hall Addition" related to the Walgreens PIJD, has been removed from the agenda. MOTION/SECOND: Quick/Thomason. To accept the August 28, 2000, City Council Agenda as revised, dispensing with the reading of all ordinances and resolutions unless otherwise requested. Ayes - 4 Nays - 0 Motion carried. Council Member Marty was not present for the vote. 4. APPROVAL OF MINUTES A. Monday, August 14, 2000, City Council Minutes. B. Monday, July 10, 2000, City Council Minutes. Council Member Stigney requested the following corrections: Page 7, Line 28, should say: "Council Member Stigney explained that after adoption, residents have 60 days to petition against an ordinance by obtaining the required number of signatures." MOTION/SECOND: Quick/Stigney. To approve the August 14, 2000, City Council minutes as corrected and the July 10, 2000 City Council minutes as presented. Mounds View City Council August 28, 2000 Regular Meeting Page 2 • Ayes - 4 Nays - 0 Motion carried. Council Member Marty was not present for the vote. 5. SPECIAL ORDER OF BUSINESS Mayor Coughlin noted the attendance of Senator Steve Novak who was present to give his final legislative update. Senator Novak provided a update on the results of the 1999-2000 Legislative session, noting it may or may not be his last report in an official capacity as he is running for Congress. He stated this was a significant legislative session as it was the fourth year in a row where there as a significant tax cut or rebate, a more significant tax/rebate cut than approved by any other State. In addition, they were able to significantly increase State support for the schools and, more directly, in the formula which has helped the Mounds View school district. Senator Novak reported on three pieces of economic legislation, one of which brought about the construction of the Metronic World Headquarters that is expected to bring close to 5,000 new jobs at an average salary of over $55,000. He stated this is amega-project on a Statewide basis. He stated he also authored an extension of the Redevelopment Act which has been important for • communities like Mounds View that have tried to develop properties that have come off the tax rolls by creating development criteria to make them eligible for redevelopment in an effort to bring the properties back on the tax rolls. He stated this redevelopment initiative is working very well. Senator Novak reviewed his effort with the Environmental Legacy Fund for wildlife set-asides, habitat rehabilitation, and water resource provision. He also advised of the largest housing bill in the history of the State to provide $250 million in funding matches with governments, and partnerships with private development to encourage affordable housing redevelopment. Senator Novak thanked the Mayor and Council Members for their efforts in reaching a long term settlement with the Anoka County Airport. He stated he is confident there is now a plan in place that provides a resolution to satisfy the residents in this area for a century. He thanked the citizens of Mounds View for the kind way he and his family have been treated during his work with the Senate, and in particular to Council Member Gary Quick for his work on many joint projects. He stated he looks with pride at how Mound View has coordinated with the State on a number of difficult issues due to circumstances beyond their control, such as the issues with the pipeline explosion and polluted water resources at the Arsenal. Senator Novak stated solutions were created to solve problems locally which has resulted in the creation of a pattern to better educate the State and, in the case of the gas pipeline explosion, federal regulation that impacted the safety of the nation. Senator Novak commented on an en'o able event when Governor Pe ich declared a JY ~ Government Day and paid visits throughout the State. That involved a visit by Governor Perpich to Mounds View to coordinate with the community, local business, and students. He extended Mounds View City Council August 28, 2000 Regular Meeting Page 3 • his appreciation to the citizens of Mound View, the courtesies extended to him, and the opportunity to work with the City on some very challenging issues, most of which were largely and successfully resolved. Council Member Quick thanked Senator Novak for his assistance and effort on behalf of Mounds View and its residents. Council Member Stigney concurred and added his appreciation to Senator Novak for his representation provided to the residents of Mounds View. Mayor Coughlin stated his appreciation to Senator Novak and commented on his hand-in-hand work with Senator Novak to resolve the airport issue which gave him a great respect for the Senator's integrity. He stated Senator Novak has shown himself to be in support of Mounds View and the other communities he represents, without argument, regardless of the issue. He stated his admiration and respect for that representation and wished him well in his future endeavors. Mayor Coughlin read in full and presented Senator Novak with a plaque for his outstanding service and in appreciation for his work as State Senator in representing the City of Mounds View. • Mayor Coughlin declared a recess at 7:21 p.m. The meeting was reconvened at 7:28 p.m. Council Member Marty arrived at 7:28 p.m. Mayor Coughlin noted that due to a tragedy in his immediate family, he will be leaving the Council Chambers no later than 8:00 p.m. to attend a funeral. 6. REPORTS Council Member Quick had no report. Council Member Stigney addressed the e-mail correspondence between Mayor Coughlin and Charter Commissioners and his letter to Acting City Manager Ulrich. He asked why no response has been given to the Charter Commission related to Charter amendments and requested an update. City Attorney Long stated that he had not seen the e-mail message until tonight but the issue is regarding the Charter amendments that came to his office from Ms. Olson. He explained that the Council and his office had instituted a policy that they are not authorized to do legal work without a retainer being in place and, as of now, they have not been authorized to work on these Charter amendments. Council Member Sti ne asked Actin Cit Mana er Ulrich wh the Cit has not res onded to g Y g Y g Y Y p the Charter Commission. Acting City Manager Ulrich reviewed the e-mail message he had received on June 2, 2000 and explained that the resolutions were dropped off at City Hall by an Mounds View City Council August 28, 2000 Regular Meeting Page 4 anonymous Charter Commissioner. Acting City Manager Ulrich stated he had decided to put these resolutions on the June 5'h Work Session agenda. However, there was not enough room so they were omitted and, in the meantime, he was under the impression they were submitted to the attorney for review. City Attorney Long explained that his office does not have the authorization to look at the Charter Commission's resolutions without prior Council approval. Acting City Manager Ulrich stated these resolutions are specifically directed at the City Attorney. Council Member Stigney stated the "unknown" person who dropped them off at the City Hall was the Charter Chairperson, who is known. He stated the resolutions were given in person to Assistant to the City Manager Reed and a copy was presented to the City Administrator and the City Attorney. But, it is now the end of August and nothing has been done and no response been given to the City Council. He asked when it will be discussed, and noted this information was provided a second time. Acting City Manager Ulrich stated City Attorney Long and Mr. Riggs have been out of the office for a period of time but he spoke to Mr. Riggs last week who indicated he was going to refer it to City Attorney Long to determine what, if anything, has been done. Acting City Manager Ulrich . noted it has been stated that since a formal retainer has not been authorized by the City Council, no work has been done. Council Member Stigney asked why there is no response after two and one-half months. City Attorney Long restated if the City wants legal opinions, the Council needs to take action to direct the City Attorney to take on a research project, and then it will be done. However, that direction and authority has not yet been given. Council Member Stigney stated that as a Council Member, he was unaware of anything submitted to the City and only became aware of this issue through a-mail messages. MOTION/SECOND: Stigney/Marty. To direct and authorize staff to take action on the Charter Commission's resolutions and to move forward so it can be determined if it will be approved or go to ballot at the election. Council Member Quick asked what the resolutions related to. Acting City Manager Ulrich advised that Resolution 2000-OS deals with salary compensations of the Mayor and Council Members; Resolution 2000-06 deals with compensation to Boards and Commissions and indicates they shall serve without compensations; Resolution 2000-07 clarifies how to deal with franchise fees and the requirement to hold a public hearing to continue or modify a franchise fee; and Resolution 2000-09 deals with tax increment financing. Council Member Stigney stated some of these issues were originally sent from the Council to the Charter Commission requesting their review. Mounds View City Council August 28, 2000 Regular Meeting Page 5 Acting City Manager Ulrich noted the legal opinion from City Attorney Long to previous City Manager Whiting who had asked if a public hearing is required to institute a franchise fee and the answer is no under the Charter. Ayes - 5 Nays - 0 Motion carried. Council Member Stigney asked how such an event can be prevented from happening again. City Attorney Long explained that typically an action of the Charter Commission would be sent to the City Administrator for discussion and then referred to the appropriate body. He stated it appears this process did not go through the Council to be authorized for action. Council Member Stigney asked how the Council can be made aware of issues submitted by the Charter Commission if staff does not make them aware of the submission. City Attorney Long suggested that the documents be copied to the Council as well. Acting City Manager Ulrich stated since it was not discussed at the workshop as intended, direction was given back to staff to direct it to the City Attorney. He stated he takes responsibility for not scheduling that work to be undertaken. He stated staff wanted to present the Charter request and legal opinion for Council consideration once both were ready. Council Member Marty reported on the Cable Commission meeting and advised that their 2000 budget includes the purchase of a new 14 track board to replace the 7 track board they currently have since it will allow local programming 24-hours a day. He stated they got a good price on the new board and maybe looking to sell the 7 track board after learning what the procedures ar to sell it. He stated they may also look at getting a portable digital camera with the remaining $4,500. Council Member Thomason had no report. e Mayor Coughlin extended his thanks to the Realife Cooperative for the invitation to participate in their ribbon cutting and open house celebration. He stated it was a wonderful reception and thanked all for a fun time, even with the rain and lightening storm. Mayor Coughlin noted the upcoming primary election which will be held at the Community Center from 7:00 a.m. to 8:00 p.m. He noted this is a different location than used in the past so he wants. to assure it is communicated to all. Mayor Coughlin noted that anyone interested in running for City office can make application tomorrow with a $20 fee. Acting City Administrator Ulrich had no report. City Attorney Long had no report. No further re orts were considered. p Mounds View City Council August 28, 2000 Regular Meeting Page 6 Mayor Coughlin advised that due to his need to be excused by 8:00 p.m., staff has requested that the Council next consider land use items that require a 4/Sths vote. Items lOC was considered next. 10. COUNCIL BUSINESS C. Second Reading and Adoption of Ordinance 665, an Ordinance Rezoning Properties Associated with the Walgreens Development from B-3 and PF to PUD. Planning Associate Ericson explained that Ordinance 665 rezones the properties associated with the Walgreens planned unit development at the northeast corner of Highway 10 and Edgewood Drive. The City's remnant parcel would be rezoned to PUD from PF, the Midland Videen land would be rezoned to PUD, except that part to be joined with the Community Center, which would be rezoned PF, and the Community Center would be rezoned PF instead of the current B-3 business commercial designation. The City Council approved the first reading of Ordinance 665 at its meeting on August 14, 2000 and staff recommends the Council approve the second reading and adopt Ordinance 665. MOTION/SECOND: Quick/Marty. To Wave the Reading, Approve the Second Reading and Adopt Ordinance 665, an Ordinance Rezoning Properties Associated with the Walgreens • Development from B-3 and PF to PUD. ROLL CALL: Thomason, Stigney, Marty, Quick, Mayor Coughlin. Ayes - 5 Nays - 0 Motion carried. Mayor Coughlin stated for the record that this second reading and adoption were approved by the unanimous vote of the Council. 7. CONSENT AGENDA A. Approve Just and Correct Claims. B. Licenses for Approval. C. Approve Resolution 5465 setting forth a tentative timetable for preparing and adopting the 2001 budget and long term financial plan. D. Set a Public Hearing for 7:05 p.m., Monday, September 11, 2000, for the Second Reading and Adoption of Ordinance 668, an Ordinance Vacating a Sign Easement No Longer Serving a Public Purpose. Mayor Coughlin asked the Council if anyone would like to remove items for discussion. MOTION/SECOND: Quick/Thomason. To Approve the Consent Agenda for Items A, B, C, and D, as presented. Ayes - 5 Nays - 0 Motion carried. Mounds View City Council August 28, 2000 Regular Meeting Page 7 • 8. UNFINISHED BUSINESS Mayor Coughlin advised of ongoing discussions related to Highway 10 in cooperation with Springsted to develop an short and long term plan including safety, aesthetics, and traffic flow. Mayor Coughlin thanked all who have provided input thus far for their input and encouraged anyone with comments to contact him or City staff. 9. RESIDENTS REQUESTS AND COMMENTS FROM THE FLOOR Richard Sontare?, 5060 Red Oak Drive, stated he was appointed as liaison between residents and Rice Creek Watershed District related to the Greenfield ponding project. He reported he took his first official action in communicating his appointment to the residents and advising of his intention to serve as a neutral party to decipher information and misinformation. He stated this issue, to date, has been full of misinformation and they have addressed a number of concerns of residents as well as the emotional issue of a sound wall and involvement of State and City agencies. He stated this project is pushing the limits of resident's patience and requested the ability to communicate clearly with the residents. Mr. Sontare explained that one issue brought to his attention by a resident was that during a telephone conversation between a resident directly impacted by the project, Council Member Stigney indicated this project was approved and moving forward. Council Member Stigney corrected that he did not make that indication. Mr. Sontare thanked Council Member Stigney for his clarification and explained that he wants to emphasize this is a project where the Rice Creek Watershed District has only been authorized to make a presentation to the City that while it is a potential project, no determinations have yet been made. Council Member Stigney stated this is only a proposed project. Mayor Coughlin stated he has been very pleased with the communication that has come to him from a variety of residents via e-mail or telephone calls to request clarification. He commented on the large amount of time he is spending on the noise wall issue and stated his appreciation to Mr. Sontare for stepping into the role of liaison to promote open communication with residents. Mayor Coughlin excused himself from the meeting at 7:59 p.m. and turned over the chair to Acting Mayor Stigney. Tom Fasell(?), 8120 Jackson Drive, stated he lives adjacent to the pond area and requested residents be kept aware of what is going on with this proposal. He stated there has been a lot of facts floating around about this project, one of which was just clarified that Council Member Stigney did not state this was a "done deal." He stated he just became aware of this proposal on July 10"'. Mounds View City Council August 28, 2000 Regular Meeting Page 8 Mr. Fasell reviewed that residents were told the proposal would be discussed at the meeting that started at 7:00 p.m. However, upon arrival they discovered the meeting actually started at 6:00 p.m. He stated the residents were told at that meeting that this project was just in the planning phases Council Member Quick clarified the meeting being referred to was a Council Work Session and no decision was reached or vote was taken. Mr. Fasell reviewed the activity that has occurred on this project to survey the properties, place survey stakes, and the indication that Rice Creek was conducting survey work so they could draft a proposal. He stated he spoke with a surveyor also commented on the great amount of traffic on Highway 10 which refers to the proposed sound wall project. The surveyor had also indicated he was not aware of any studies made as to the impact of such a pond on the water in that neighborhood or in the neighborhoods following the Rice Creek area. Mr. Fasell restated that neighbors are confused and would like to know when informational meetings will beheld so they can become informed of what is being proposed. Council Member Stigney stated he had suggested residents obtain a copy of the Work Session meeting tape so they can view it and see what occurred. Mr. Fasell suggested that Mr. Sontare approach staff to obtain the meeting tape. Council Member Stigney stated residents can also contact City Staff. Dan and Jean Lamm, 2305 Sherwood Road, approached the Council to offer their comments. Mr. Lamm noted the earlier discussed communication "glitch" between the Charter Commission and Council. He suggested there have been other communication problems with the City in relation to this project, noting they have prepared a chronology of what has occurred and offered to provide copies to the Council and staff. Mr. Lamm stated he found it unacceptable for residents to have to wait two months for a meeting to be scheduled. He noted this issue has been discussed by the staff and the Council for a period of time. Ms. Lamm noted information regarding this proposed project that was included in the Mounds View Matters and another publication. Mr. Lamm suggested the Council meet with residents to review the information they have gleamed. He stated he also wants to talk with Mayor Coughlin regarding these issues. Acting Mayor Stigney asked staff to work with Mr. Sontare so information can be presented to residents. Council Member Marty advised that Mayor Coughlin is available at City Hall every Monday. There were no other re uests or comments from the floor. q Mounds View City Council August 28, 2000 Regular Meeting Page 9 . 10. COUNCIL BUSINESS -CONTINUED A. Business License Approvals. Assistant to the City Administrator Reed explained that at the June 26, 2000 and July 24, 2000 City Council meetings, she had requested approval for a number of business license applications for 2000-2001. As of the July 24, 2000 meeting there were several businesses that had not submitted application materials: Blimpies Subs & Salads, Hardee's, KFC, Perkins Restaurant and Bakery, and Subway. She explained that based upon direction from the Council and with advice from the City Attorney's office, she mailed a letter to the indicated businesses by certified mail. Assistant to the City Administrator Reed stated she spoke with Lisa Howard of the Business Licensing Division of KFC the week of August 24"' and advised her that the City would issue a citation if KFC's application materials were not submitted by August 11, 2000. Assistant to the City Administrator Reed reported the utility, police and health reports indicate that there are no violations that would prohibit the renewal of business licenses for Blimpies Subs & Salads, Hardee's, Perkins Family Restaurant and Subway. She advised that she did receive an application from KFC the day she wrote her Council report and requested Council direction if they want to cite this business for operating without a license or to process their application. • Council Member Marty asked what a citation would entail. Assistant to the City Administrator Reed stated KFC would be fined as a misdemeanor. City Attorney Long stated there are two potential procedures; operating without a license under the criminal code, or an administrator citation process. He stated there had been discussion if the City should cite businesses earlier but the Council decided to give them a stern warning and allow them another opportunity to submit their application. He noted that all made submittal, with one being late so staff is asking for direction. Council Member Marty stated that while he does not want to start misdemeanor proceedings, he would like indication of this late submittal placed in the record so it can be determined if it is a habitual issue. Acting Mayor Stigney agreed and suggested KFC be warned that the next time they renew it cannot be late. Council Member Quick concurred and suggested a letter be sent to the business advising them that in the future, action will be taken should their business license renewal be delinquent. MOTION/SECOND: Quick/Marty. To Approve business license applications for Blimpies Subs & Salads, Hardee's, KFC, Perkins Family Restaurant, and Subway, as recommended by staff. Ayes - 4 Nays - 0 Motion carried. Mounds View City Council August 28, 2000 Regular Meeting Page 10 • Mayor Coughlin was not present for the vote. B. Public Hearing, Second Reading and Adoption of Ordinance 663, an Ordinance Creating Language to Administer and Regulate Tattoo and Body Piercing Establishments within the City of Mounds View. Acting Mayor Stigney opened the Public Hearing at 8:13 p.m. Planning Associate Ericson explained the City Council approved the first reading of Ordinance 663 at its meeting on August 14, 2000. However, after making numerous inquiries, staff learned that neither the County nor State licenses or certifies these types of businesses. In addition, Staff has researched this issue and found that there are no standardized training programs available to tattoo artists or piercing specialists; experience is gained only through apprenticeships in and with established, reputable businesses and professionals. To reflect this, the ordinance has been revised to require a minimum four years of actual experience or two years of apprenticeship and two years of actual experience. Staff recommends the Council continue the public hearing and consider the second reading and adoption of Ordinance 663. Acting Mayor Stigney asked if the training applies to the owners or the operators as well. Planning Associate Ericson stated it depends on the person doing the piercing and tattooing because someone should be certified or trained in the field. Thus, it would apply to the specialist • doing the work but not necessarily the owner of the business. Acting Mayor Stigney asked about the health requirements for this type of business. Planning Associate Ericson stated he spoke with the Ramsey County Health Department staff who indicated they are considering researching their area and applying some type of health and sanitation requirements. But at this point, the County has no health and sanitation requirements. Planning Associate Ericson explained that the requirements contained in the ordinance are standard in other City ordinances. Council Member Marty stated if the heath and sanitation language is changed by the State or County, the City's ordinance can be reviewed and possibly updated. Planning Associate Ericson agreed that any changes adopted by the County should be made part of the City ordinance as well. Acting Mayor Stigney stated he talked with an Anoka County tattoo business owner who indicated they have a stiff health standard to meet and suggested Mounds View review those County requirements. The Council concurred. Planning Associate Ericson stated staff will contact Anoka County to obtain that information. He noted the moratorium was extended and will expire in a few weeks so there is some time to conduct that research. Acting Mayor Stigney stated he would prefer to delay second reading until that research is concluded. Mounds View City Council August 28, 2000 Regular Meeting Page 11 . Mr. Sontare stated his friend owns a tattoo business and has consulted with the State of Minnesota and City of Sioux Falls which is becoming more aggressive in their enforcement of health and criminal issues (piercing and tattooing of minors). He stated this is an important issue to consider and while the City cannot enforce the criminal impact, it should be looked at. He stated his friend has indicated a willingness to provide information to the Council and review the ordinance as it is written to determine if he finds any shortfall. He offered to give staff the information on how to contact Steven Butterfield, his friend. There was no other public input. Acting Mayor Stigney closed the Public Hearing at 8:21 p.m. Council Member Marty stated his support to direct staff to contact Anoka County and Mr. Butterfield to obtain more information prior to adoption so a later amendment is not needed. City Attorney Long suggested it be tabled to the next Council meeting to assure there is no gap between the moratorium and when the ordinance becomes effective. MOTION/SECOND: Quick/Marty. To Table the Second Reading and Adoption of Ordinance 663, an Ordinance Creating Language to Administer and Regulate Tattoo and Body Piercing Establishments within the City of Mounds View until September 11, 2000. • A es - 4 Na s - 0 Motion carried. Y Y Mayor Coughlin was not present for the vote. C. Second Reading and Adoption of Ordinance 665, an Ordinance Rezoning Properties Associated with the Walgreens Development from B-3 and PF to PUD. This item was considered earlier in the meeting. D. Second Reading and Adoption of Ordinance 666, an Ordinance Vacating the Old Edgewood Drive Right of Way Included within the Proposed Walgreens PUD. Planning Associate Ericson explained that with the realignment of Edgewood Drive through City Hall property, the old alignment (which is legally-described in Exhibit 1 to the proposed ordinance) no longer serves a public purpose and can be vacated. Ordinance 666 is the document by which the vacation is approved. The City Council approved the first reading of Ordinance 666 at its meeting on August 14, 2000. Since this is not a needed right-of--way, staff recommends approval of the second reading and adoption of Ordinance 666. MOTION/SECOND: Marty/Thomason. To Wave the Reading, Approve the Second Reading and Adopt Ordinance 666, an Ordinance Vacating the Old Edgewood Drive Right of Way Included within the Proposed Walgreens PUD. Mounds View City Council August 28, 2000 Regular Meeting Page 12 ROLL CALL: Thomason, Sti ne ,Mart uick. g Y Y Q Ayes - 4 Nays - 0 Motion carried. Mayor Coughlin was not present for the vote. Acting Mayor Stigney stated for the record that this second reading and adoption were approved by the unanimous vote of the Council. E. First Reading (Introduction) of Ordinance 668, an Ordinance Vacating a Sign Easement No Longer Serving a Public Purpose. Planning Associate Ericson explained that in conjunction with the platting of the properties associated with the Walgreens Planned Unit Development, a survey was done on the Midland Videen land, which revealed two sign easement areas. One easement area is a perpetual easement originally dedicated to Naegle for the siting of a billboard and is improved accordingly. The second easement area, located at the northeast corner of Highway 10 and the old alignment of Edgewood Drive, was dedicated to the owner of the Bel Rae Ballroom, who had used the location for their Bel Rae Ballroom sign. When the City purchased the Bel Rae Ballroom, it also acquired the rights to this easement area. The City is not currently using and has no future intent to use this area for signage or for any other purpose. Because the easement overlaps the area contemplated by the Walgreens PUD and because the area does not serve a public purpose, the easement area should be vacated. Ordinance 668 is the document that would accomplish the proposed vacation. Planning Associate Ericson advised that a public hearing has been set for Monday, September 11, 2000 at 7:05 p.m., for the second reading and adoption of this ordinance. He recommended approval the first reading and introduction of Ordinance 668. MOTION/SECOND: Quick/Marty. To Wave the Reading and Introduce First Reading of Ordinance 668, an Ordinance Vacating a Sign Easement No Longer Serving a Public Purpose. Ayes - 4 Nays - 0 Motion carried. Mayor Coughlin was not present for the vote. F. Second Reading and Adoption of Ordinance 669, an Ordinance Authorizing the Disposal by Sale of Real Property Associated with the Walgreens PUD, Planning Associate Ericson explained that this ordinance is the Charter-required mechanism by which the City officially authorizes the transfer of land-the one-acre remnant parcel-to TOLD Development Company in return for the City receiving approximately 8 acres of the Midland Videen land. The City Council held a public hearing on August 14, 2000 and approved the first reading of Ordinance 669. There have been no changes made to the ordinance since its first Mounds View City Council August 28, 2000 Regular Meeting Page 13 reading. Staff recommends the Council approve the second reading and adoption of Ordinance 669. Acting Mayor Stigney asked if anyone wished to provide input. There being none, he entertained a motion. MOTION/SECOND: Marty/Thomason. To Wave the Reading, Approve the Second Reading and Adopt Ordinance 669, an Ordinance Authorizing the Disposal by Sale of Real Property Associated with the Walgreens PUD. ROLL CALL: Quick, Marty, Thomason, Stigney. Ayes - 4 Nays - 0 Motion carried. Mayor Coughlin was not present for the vote. Acting Mayor Stigney stated for the record that this second reading and adoption were approved by the unanimous vote of the Council. G. Consideration of Resolution 5458, a Resolution Approving the Final Plat for the "Mounds View City Hall Addition" related to the Walgreens PUD. • This item was removed from the a enda a on ado tion. g p p H. Consideration of Resolution 5463, a Resolution Approving a Minor Subdivision of 8132 Long Lake Road. Planning Associate Ericson explained that Leo Bergeleen has applied for a minor subdivision to subdivide his lot located at 8132 Long Lake Road and has submitted a Certificate of Survey to effectuate the subdivision. The subdivided portion would not be used for development purposes, but would instead be combined with a property fronting Sherwood Road. In essence, this is a simple land transaction whereby one property owner deeds part of his lot to another property owner. No new lot would be created by this action. However, because a change in property lines is involved, the City is required to approve the action, which is defined as a subdivision of land. Mr. Bergeleen proposes to split off the back 300 feet of the property and has entered into an arrangement to sell this subdivided portion to a.neighbor located at 2565 Sherwood Road, Bob Pearson. Mr. Pearson is planning to combine Mr. Bergeleen's rear 300 feet to his own property, thus no new lot would be created. After the subdivision and land transfer, Mr. Bergeleen's lot would be 19,770 square feet. Staff has forwarded the Certificate of Survey to the City's Engineering Technician as well as to the Director of Public Works. Other than dedication of the westerly 30-foot of the subdivided lot for roadway purposes, no changes or special requirements are necessary. Typically, it is the case with most minor subdivision that the City will require dedication of perimeter drainage and utility easement areas. However, because both lots have already been developed and no new Mounds View City Council Regular Meeting August 28, 2000 Page 14 development is being proposed, dedication of new easements would not be needed. The City Attorney has reviewed the Certificate of Survey and drafted the easement for the roadway dedication, which was executed by the Bergeleens and sent to the County for recordation. Planning Associate Ericson explained that most subdivisions, minor or major, are subject to park dedication requirements. This request is unique in that, again, no new lot is being created and no new development will occur. Staff has indicated to Mr. Bergeleen and Mr. Pearson that because of this, no dedication would be required in this instance. The City Attorney has confirmed this interpretation. Planning Associate Ericson advised that the Planning Commission and staff recommend approval or Resolution 5463, a resolution approving a minor subdivision of 8132 Long Lake Road for Leo and Patricia Bergeleen, subject to stipulations. MOTION/SECOND: Quick/Thomason. To Wave the Reading and Approve Resolution 5463, a Resolution Approving a Minor Subdivision of 8132 Long Lake Road. Council Member Marty asked if the two property owners to the west were concerned about this request and if they have been informed of this sale. Planning Associate Ericson stated he is unable to answer that question. • Ayes - 4 Nays - 0 Motion carried. Mayor Coughlin was not present for the vote. I. Consideration of Resolution 5464, Approving Street Projects 2001-1, 2001-2. Acting City Manager Ulrich explained that the proposed resolution will authorize staff to begin the proceedings of Street Project 2002-1 County Road H2 and 2001-2 Residential Project No. 3. These two projects were within the new proposed project map presented at the August 7th Council Work Session. By authorizing these projects staff will send letters to the property owners affected by the projects, informing them of the current policies regarding street improvements. Staff will also be negotiating services from two different consulting engineering firms to serve on the project teams. Acting City Manager Ulrich advised that staff also spoke of establishing two Pavement Condition Indexes (PCI), one that will be the rating at which the pavement segments will be maintained and the other will be the rating at which the pavements will receive little if any preventative or permanent maintenance. Staff is recommending that these two ratings be 75 and 45. At a level of 45, the roadway would only be patched to make it driveable until a future roadway construction improvement is made. • MOTION/SECOND: Quick/Marty. To Wave the Reading and Approve Resolution 5464, Approving Street Projects 2001-1, 2001-2 and to direct staff to establish two Pavement Condition Indexes (PCI), ratings of 75 and 45, one that will be the rating at which the pavement Mounds View City Council August 28, 2000 Regular Meeting Page 15 segments will be maintained and the other will be the rating at which the pavements will receive little if any preventative or permanent maintenance. Acting Mayor Stigney noted at one time the PCI was 70 and now it is being proposed at 75. He stated he is uncomfortable with what that defines. He stated there are some concerns about one of the projects in his area and suggested residents of that area be given an opportunity to provide input. Council Member Marty stated the consideration for approval is to authorize the scheduling of neighborhood meetings to see what the neighbor's desire, not to initiate the project and start paving. Acting Mayor Stigney asked if residents will be able to make changes to the project prior to it occurring and that this action does not allocate moving the project to start. Acting City Manager Ulrich stated that is correct and he thinks a consulting engineer will be needed to address the functionality of the roadway at some point in the process. He reviewed the issues that would be addressed at the public informational meetings. Acting Mayor Stigney stated his understanding this action will only bring it before the residents and then, based on their input, it will be determined if the project moves forward or not. Acting City Manager Ulrich stated that is correct and when before the Council they will be advised if • there is or is not a favorable consensus of the residents. If there is no consensus, then the Council will move on and consider the next project. In response to Acting Mayor Stigney, Acting City Manager Ulrich stated staff was directed by the Council to review the PCIs and the condition of the streets. He explained how a sealcoat project does not increase the load capacities or strength of the roadway, but would raise the rating by two to three points. Acting Mayor Stigney stated since the resolution establishes a PCI of 75 and 45, he still objects. Ayes - 3 Nays - 1 (Stigney) Motion carried. Mayor Coughlin was not present for the vote. J. Consideration of Charter Commission Resolutions 2000-11, 2000-12. The Interim City Administrator explained that staff presented Charter Commission Resolutions 2000-11 and 2000-12 to the City Council at the August 21, 2000 Work Session for review and discussion. Staff was given direction to seek the City Attorney's opinion of these resolutions. Findings were as follows: 1. The City was presented with Resolutions 2000-11 and 2000-12, which request and extension of the review period, for an additional 90 days to consider Ordinances 661 and 662 on August 14, 2000. 2. These resolutions state that they were adopted on August 10, 2000. Mounds View City Council August 28, 2000 Regular Meeting Page 16 3. An official meeting of the Charter Commission was not held on August 10, 2000 due to a lack of a quorum. 4. Council was presented unapproved minutes of the July 13, 2000, Charter Commission meeting which stated that a motion was made and seconded to apply fora 90 day extension regarding Ordinances 661 and 662. 5. The 60-day period of time for the Charter Commission to submit an extension terminated on August 14, 2000. Based on these findings the City Attorney stated that the City Council could: A. Accept the resolutions as the intention of the Charter Commission was to comply with the 60-day period, but erroneously dated the resolutions. B. Reject the request for the extension, as the proper documents were not submitted with the given time period. Willard Doty, Vice Chair of the Charter Commission, explained that the Charter Commission Chair is unable to attend due to a family obligation and the Charter Commission Secretary was also unavailable after the July 13th meeting. He stated they should have changed the date on the document and initialed it but that mistake was not caught. Mr. Doty explained a decision was made at the July 13th meeting to request an extension. He stated this is a serious ordinance that changes the City from being a Clerk Administrator to a City Manager form of government. He • advised that some Charter Commissioners are not opposed to a City Manager form of government but believe the present proposal needs some work between the Council and Charter Commission. He urged the Council to consider this careful since they represent the residents and handing over all the administration of the City to an individual must be carefully looked at. He stated this consideration before the Council is disputable but does not negate the situation that the Charter Commission had unanimously passed an extension. Acting Mayor Stigney stated it appears there is a technicality of the date on the document submitted when it was actually approved in the prior meeting. Mr. Doty stated that is correct. Acting Mayor Stigney stated it is being proposed to give the Charter Commission an opportunity to look at this amendment, and to determine if this is the way to move or if it is documented fully enough. He stated it would also give residents an opportunity to review proposed amendments prior to being on the ballot and provide a process where someone else besides the Council has reviewed it. Mr. Doty stated it is typical for the Council and Charter Commission to work together on issues like this prior to going on the ballot. He stated he assumed the City Attorney put this ordinance together. City Attorney Long stated he did draft the Charter amendment after looking at a number of city • charters that incorporated charter provisions along with a City Manager form of government. He stated this was not a statutory Plan B form but similar to a city charter in Albert Lee with other provisions not provided for in the State Statutes. Mounds View City Council August 28, 2000 Regular Meeting Page 17 • Mr. Doty asked if the Council provided input into the ordinance. City Attorney Long stated the Council asked them to prepare it and then the Council voted on it. Council Member Quick stated this is not a question and answer time for the person at the dais with the City Attorney, noting that Mr. Doty has made his comments. Mr. Doty stated this is a situation where they had applied in time but the form was dated wrong, as has recently occurred with City staff on other issues. He suggested this is a "heavy issue" and not one the Council would just want to pass. He suggested the Council and Charter Commission should look at this together. Acting Mayor Stigney stated he supports allowing the Charter Commission to have an opportunity to look at this and believes there was inadequate discussion at the Council level. MOTION/SECOND: Stigney/Marty. To Accept Charter Commission Resolutions 2000-11, 2000-12 as the intention of the Charter Commission to comply with the 60-day period but erroneously dated the resolutions. Ayes - 2 Nays - 2 (Thomason and Quick) Motion failed. Mayor Coughlin was not present for the vote. MOTION/SECOND: uick/Thomason. To Re~ect Charter Commission Resolutions 2000-11, Q J 2000-12 and the request for the extension, as the proper documents were not submitted with the given time period. Acting Mayor Stigney stated he feels this would not give the residents something to vote for. Council Member Quick stated it would give the residents the opportunity to vote on it and the Council should not take that opportunity from them. He noted the Charter Commission has had ample time to deal with this issue Acting Mayor Stigney stated it was approved by the Charter Commission on July 13 and there was no August meeting due to the lack of a quorum. He stated the actual document was just misdated so it is up to the Council's discretion to allow the Charter Commission to review the document and provide recommendations if there should or should not be any changes. Council Member Marty stated if this is dragged on, it delays putting the question on the ballot. City Attorney Long reviewed the timing issue, stating his understanding the date for submitting language for the November election is September 19 so granting the 90-day extension would be beyond that date. He stated if the Council wants this on the November ballot, the only way to . assure that happens is to not grant the extension. Council Member Marty stated he would like the people to have the opportunity to decide without the need for a special election. Mounds View City Council Regular Meeting August 28, 2000 Page 18 . Council Member Thomason agreed that residents are very capable of staying informed and deciding what type of City government they want. She stated she would like the residents to have the opportunity to choose and not dictate to them what the City should have. Acting Mayor Stigney stated the purpose of the Charter Commission is to review changes to the Charter and this is a significant change. He stated the Council has not done much to look into it and he thinks the realm of discussion should be with the Charter Commission in discussion with the Council. Acting Mayor Stigney stated the Charter Commission has indicated the document is not an ideal document and he supports allowing the Charter Commission to significantly research it and then to put it on the ballot. Ayes - 3 Nay - 1 (Stigney) Motion carried. Mayor Coughlin was not present for the vote. K. Consideration of Park Improvement Expenditures. Acting City Manager Ulrich advised that the Woodcrest Park playground equipment was removed due to the wetland project over a year ago. As near as staff can recollect, its was stated that if the playground structure was not salvageable a new structure would be purchased for the site. Staff does not recall if a funding source for this purchase was identified at the time. Several requests and inquiries have been made for a new playground at this site. Staff has not received any quotes for equipment at this time from any manufactures. Staff is requesting Council authorization to pursue the purchase of equipment and authorization to utilize Park Dedication funds for the purchase. Estimated expenses for the structure, border and surrounding fill could be from $12,000 to $18,000. Acting City Manager Ulrich advised the Park and Recreation Commission also approved the replacement of the Hillview hockey boards at their February 10, 1999 meeting. Some confusion remains as to the direction either the YMCA or City staff received as to submitting this request in the 2000 budget or for special funding from the Park Dedication fund at the time the Commission requested additional improvements for various parks. Staff has sought to provide the safest and most economical maintenance of these boards throughout the 1999-2000-winter season. The current hockey boards are in excess of 15 years old and in need of replacement. It is at this time that staff is requesting, with the Commission's earlier approval, that these boards be replaced, prior to the 2000-2001 winter season. Acting City Manager Ulrich advised that staff has received a quote from the same contractor that constructed the rink at Lambert. Staff has been more than satisfied with the construction • materials, longevity of the rink and workmanship performed on this structure. New hockey boards for the Hillview rink will be approximately $21,400.00, which includes new posts, boards and fencing. Staff is also concerned about the skating surface, which is approximately nine years old. Even though the surface has been sealcoated and painted several times, it still continues to Mounds View City Council August 28, 2000 Regular Meeting Page 19 deteriorate, as is the case with any bituminous surface. Several cracks have been increasing in width and severity. While this is not of great concern for winter skating, the rink is also utilized for in-line skating in the summer months. The surface of the rink will need to be added to, to accommodate the rink configuration. Staff would also request Council consider authorizing resurfacing of the pavement. A preliminary estimate for this repair would be approximately $10,000.00. The resurfacing material is a special material designed for both winter flooding and in-line skating. Staff is seeking information on this product from the contractor and previous users. Acting City Manager Ulrich reported a total of approximately $31,400.00 would be required for the Hillview projects. Staff is aware of the resolution and policy that was recently adopted which would allow for only the interest on the Park Dedication fund to be spent for improvements. He stated that at this time, it would seem that this might be the most likely funding source other than general fund reserves. Park Dedication fees will be received from the Walgreen and Mermaid projects in the future. A combined amount between $43,400.00 and $49,400.00 will be required to complete all of the projects. He stated staff is seeking Council direction and/or approval for these projects. MOTION/SECOND: Thomason/Marty. To Authorize staff to pursue the purchase of equipment for the Woodcrest Park at a cost of approximately $12,000 to $18,000 (which includes structure, border and surrounding fill), to replace the Hillview hockey boards prior to the 2000-2001 winter • season at a cost of approximately $21,400.00 (which includes new posts, boards and fencing); and to authorize the resurfacing of the Hillview rink pavement at a cost of approximately $10,000 with funding to be from the Park Dedication Fund. Council Member Marty asked about the wetland area at Woodcrest and how it was to be constructed. Acting City Manager Ulrich stated it is constructed according to plan and explained how wetlands are restored. Council Member Marty expressed concern about the park improvements in the north area and whether it would be maintained and used. Acting City Manager Ulrich stated it is on the schedule at least three times a year for rough cut mowing and once the playground equipment is installed, better turf will be established. Council Member Marty asked when the play equipment can be put in and when the hockey rink can be started. Acting City Manager Ulrich estimated one to two weeks for the hockey rink and staff would get quotes this week on the purchase of equipment and installation. Acting Mayor Stigney stated the Council took action to only spend interest off the Park Fund, noting this cost is in excess of that amount. He asked if that negates what the Council approved. Acting City Manager Ulrich stated in a way it does and explained that the Council could place a condition that the interest for next year not be spent. Council Member Thomason stated after the Council voted to go ahead with the Woodcrest project and not specify the fund, Park and Recreation decided to use the money they had Mounds View City Council Regular Meeting August 28, 2000 Page 20 dedicated into the interest bearing account but there as an additional Park Dedication Fund that was not assigned to this interest bearing account. That additional fund was to remain liquid but was inadvertently placed in the interest bearing fund. Council Member Thomason stated that was brought to her attention so she said she would speak to that matter before the Council. Acting Mayor Stigney explained the City is trying to maintain a fixed level in this fund so interest can be used in the future. Ayes - 4 Nays - 0 Motion carried. Mayor Coughlin was not present for the vote. 11. Next Council Work Session: Next Council Meeting: Tuesday, September 5, 2000 - 6:00 P.M. Monday, September 11, 2000 - 7:00 P.M. 12. ADJOURNMENT Acting Mayor Stigney adjourned the meeting at 9:07 p.m. Transcribed and recorded by: Carla Wirth • Timesaver Off Site Secretarial, Inc. • Mounds View City Council Regular Meeting September 11, 2000 Page 2 4. APPROVAL OF MINUTES A. Reconsideration of Monday, August 14, 2000, City Council Minutes. Mayor Coughlin noted that it has been verified by Staff that one of the corrections requested by Council Member Stigney to the Monday, August 14, 2000 City Council minutes, Page 12, second paragraph, item B, to indicate "Ordinance 633" (instead of 653), is incorrect. MOTION/SECOND: Marty/Stigney. To reconsider the Monday, August 14, 2000, City Council minutes and approve as presented. Ayes - 4 Nays - 0 Motion carried. Council Member Quick was not present for the vote. MOTION/SECOND: Stigney/Marty. To approve the Monday, August 14, 2000, City Council minutes as they are correct. Ayes - 4 Nays - 0 Motion carried. Council Member Quick was not present for the vote. 1B. ' , 1'~Itr~day, August 28, 2000,: CSity Council M~uatcs: Mayor Coughlin indicated he' and the Council had found.no errors in the 1V:tinute~, , 1V~OTION/S~G7: MarEy/S#igney. To approve the Mrsnday, August 2$;.2f~}0, Ci6y .~qi1 `. z. „u- minutes- as presented. Ayes` 4 Nays - 0 Motiprt carved. J J Council Member Quick was not present for the vote. 5. SPECIAL ORDER OF BUSINESS A. Presentation of Resolution of Commendation to Firefighter Raymond Reynolds . Mayor Coughlin read in full and presented a resolution of commendation to Firefighter Raymond Reynolds for his 16 years of service to the City of Mounds View Fire Department. Raymond Reynolds thanked the Mayor and Council. i MOUNDS VIEW CITY COUNCIL MEETING ~. o~~~~ 0?8,01000 Please sign in NAM I: ADDRLSS C:Admin.resolution.sign-in sheet