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HomeMy WebLinkAboutMinutes - 2000/09/25PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL • CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting ~i ~ ;~ ~~ ~ ~~' September 25, 2000 W ~ Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 7:05 P.M. 1. MEETING IS CALLED TO ORDER 2. ROLL CALL: Coughlin, Marty, Stigney, Thomason, and Quick. NOT PRESENT: None. 3. APPROVAL OF AGENDA A. Monday, September 25, 2000, City Council Agenda. Mayor Coughlin asked the Council if anyone would like to add items to the agenda. i Mayor Coughlin noted that Item l OC would be removed from the agenda. No further additions or corrections were noted. MOTION/SECOND: Marty/Thomason. To accept the September 25, 2000, City Council Agenda as revised, dispensing with the reading of all ordinances and resolutions unless otherwise requested. Ayes - 5 Nays - 0 Motion carried. 4. APPROVAL OF MINUTES A. Monday, September 11, 2000, City Council Minutes. Council Member Stigney requested the following changes: On Page 1, where it reads "Council Member Stigney stated he was not in favor of holding over Consent Agenda Items lOF through IOJ." Please add "because the Mayor has stated in the newspaper that he is not in favor of any of the proposed amendments." On Page 6 in the last paragraph change "they" to "she". Pa e 7 and 8 "Lamm" should be "Lamb". g Mounds View City Council September 25, 2000 Regular Meeting Page 2 Page 10 after the motion where it reads "Council Member Stigney asked what type of levy increase this resolution assumed." Change "type" to "amount". Page 10 where it reads "Finance Director Kessel explained that if there will be an increase this year from last year the State requires a resolution approving the increase." Change second "the" to "any". On Pages 10 and 11 change "23.17" to "23.71 ". Council Member Marty requested a comma on Page 9 line 3 after "about it" and before "and". There were no further changes. MOTION/SECOND: Stigney/Marty. To accept the Monday, September 11, 2000, City Council minutes as corrected. Ayes - 4 Nays - 0 Abstain - 1 (Quick) Motion carried. Council Member Quick abstained from comment on the Minutes as he was not present at the meeting. 5. SPECIAL ORDER OF BUSINESS Mayor Coughlin acknowledged Mike Ulnch who was the Intenm Crty Administrator for 5 or 6 months and commented he felt Mr. Ulrich has done a wonderful job filling in as Interim City Administrator while doing his own job. Mayor Coughlin said he has come to believe Mr. Ulrich is one of the most noble and genteel people at City Hall and he has come to rely on his wisdom, organization and common sense. Mayor Coughlin also welcomed Kathleen Miller who is the new City Administrator Community Development Director Jopke thanked Mike Ulrich for keeping "the ship afloat" and said he was very helpful on issues Staff had during his time as Interim City Administrator. Mike Ulrich thanked everyone for their kind words and said he had a lot of help from Staff. Council Member Marty thanked Mr. Ulrich for a job well done and said the Council did not feel as if they were "floundering" without an administrator while Mr. Ulrich was Interim City Administrator. Council Member Quick thanked Mr. Ulrich for his service to the City. Council Member Thomason thanked Mr. Ulrich for his service to the City. • Mounds View City Council September 25, 2000 Regular Meeting Page 3 6. REPORTS o 'I m r r i arlier on Se tember 25 2000 and C unci Me be Marty eported the Cable Commis on mete p , discussed the goals the Commission wants to accomplish for Channel 98. He told the Council Channel 98 is up and running with 9 out of 10 of the "sister" cities on the air. He noted the Commission expects the last city to be on board shortly. He also noted the Commission would like to see an agenda on Channel 98 so viewers can review it and decide if they want to watch the meeting. Mayor Coughlin commended members of the Cable Commission for accomplishing this task. Council Member Thomason reported Northwest Youth and Family Services is in need of mentors to reach at risk children between the ages of 7 to 9 years old. Mayor Coughlin reported he attended the I-35 Corridor planning meeting and said it was a good meeting where some good ideas were exchanged. He informed members of the Council that he has informational materials available for anyone who is interested. He also reported to Council the I-35 Corridor group is working on a comprehensive plan for development in all cities on the I-35 corridor. Mayor Coughlin noted a person had not received notice of the opening on the Planning Commission and, therefore, the deadline will be extended to allow time for others interested in • applying for the opening to do so. The deadline was extended to October 9, 2000. Assistant to the City Administrator Reed informed the Council she has been told by Ramsey County that the City must change the way they are running the election for the City Council positions. She indicated candidates must declare which term they are running for and this information must be on the ballot in November. She then clarified the City has three terms up for election and those are two four-year terms and one two-year term. She added the candidates have been notified of the need to declare which term they are seeking election to. Mayor Coughlin asked City Administrator Reed if she needed action of the Council on this matter. Assistant to the City Administrator Reed indicated at some point it may be necessary to change the City Charter to reflect the new requirement, but at this point no action of the Council is needed. No further reports were considered. 7. CONSENT AGENDA A. Approve Just and Correct Claims B. Licenses for Approval C. Adopt Resolution No. 5466 Establishing Fees for Tattoo and Body Piercing Licenses Mounds View City Council September 25, 2000 Regular Meeting Page 4 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, and C, as presented. Ayes - 5 Nays - 0 Motion carried. 8. UNFINISHED BUSINESS None. 9. RESIDENTS REQUESTS AND COMMENTS FROM THE FLOOR There was no resident input. 10. COUNCIL BUSINESS A. Public Hearing, Discussion and Consideration of Resolution 5476, a Resolution Regarding the Development Stage of the Proposed Mermaid PUD Mayor Coughlin opened the Public Hearing at 7:25 p.m. There was no public input. Mayor Coughlin closed the Public Hearing at 7:26 p.m. Economic Development Coordinator Parish told the Council he had been informed by representatives from the Mermaid project that the Mermaid has altered the scope of the project due to financial constraints. He went on to say the development will be smaller and will not include the Perkins restaurant site. Economic Development Coordinator Parish recommended the Council continue the public hearing to allow time for review of the new site development plans he expects to receive from the Mermaid sometime next week. A consensus was reached by the Council and declared by Mayor Coughlin to continue the public hearing and table any action on Resolution 5476 until the October 9, 2000, Council Meeting. B. Discussion and Consideration of Resolution 5477 a Resolution Approving a Minor Subdivision of 2468 and 2474 County Road H2, Requested by RTM Management, Inc. Planning Associate Ericson explained that Raymond McManus, representing RTM Management, Inc. and the property owners, James Kuphal and Danine and David Super, are requesting • approval of a minor subdivision to subdivide the rear 80 feet from 2474 and 2468 County Road H2 to create a buildable lot fronting Irondale Road. Minor subdivisions are those divisions of land less than two acres in size m which only one additional lot is created. Mounds View City Council September 25, 2000 Regular Meeting Page 5 The area of the proposed subdivision is zoned R-1, Single-Family Residential. The minimum lot size m this distract is 11,000 square feet for an mtenor lot and 12,500 square feet for a corner lot. The property at 2474 County Road H2 is a corner lot. The comprehensive plan designates this area as single-family detached. The applicant has submitted a certificate of survey describing the proposed subdivision which the City Council reviewed at its work session on September 18, 2000. The two existing lots on County Road H2 are 75 feet wide and 288 feet deep, both 21,600 square feet in area. The proposed subdivision would create an 80-foot wide and 149-foot deep, 11,920 square-foot lot fronting Irondale Road. The new lot would conform to all zoning code requirements and would be considered a buildable parcel. The two remaining lots, at 15,600 square feet, would satisfy the minimum lot size requirement. 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 perimeter utility easements, the certificate of survey is in proper form. The City Attorney will review the Certif cate of Survey and any documentation needed to record the subdivision with Ramsey County. This subdivision is subject to park dedication requirements. The 5% fee is based upon the Ramsey County assessed land value of the land subdivided, less the value of any land already improved with single-family residential dwellings. In this case, the fee would apply to 11,920 square feet of land at an assessed value of $1.23 a square foot. The extrapolated value for the lot would be $14,662, five percent of which would amount to a fee of $733. This fee would need to be paid prior to the City approving the subdivision. The Planning Commission reviewed this item and recommended its approval on September 6, 2000. The resolution requires the survey be updated to show the standard five and ten foot drainage and utility easements, and also requires the applicant dedicate such easements via a separate document. Staff recommends approval of Resolution 5477, a resolution approving a minor subdivision of 2474 and 2468 County Road H2, subject to stipulations. Planning Associate Ericson told the Council some of the stipulations have already been met by the applicant. The applicant has submitted a revised survey, language regarding the separate drainage and utility easements has been added, and he has received a check in the amount of $733.00 for the park dedication fee. MOTION/SECOND: Quick/Marty. To Waive the Reading and Approve Resolution 5477, a Resolution Approving a Minor Subdivision of 2468 and 2474 County Road H2 with the stipulations noted. Ayes - 5 Nays - 0 Motion carried. Mounds View City Council Regular Meeting September 25, 2000 Page 6 C. Discussion and Consideration of Resolution 5458, a Resolution Approving the Mounds View City Hall Addition Final Plat. This item was withdrawn from the agenda. D. Consideration of Charter Commission Resolution 2000-04. City Attorney Riggs noted based on the letter of summary drafted by City Attorney Long there may or may not be reasons, from a legal standpoint, to adopt the Charter Commission resolutions. He indicated the Council does have discretion to do as they wish. Council Member Stigney noted City Attorney Long's summary letter did not address Resolution 2000-04. Mayor Coughlin asked the Council how they wished to proceed with Resolution 2000-04. MOTION/SECOND: Stigney. To Waive the Reading and Approve Charter Commission Resolution 2000-04 as presented. The motion died for lack of a second. MOTION/SECOND: Coughlin/Quick. To refer Charter Commission Resolution 2000-04 back to the Charter Commission and direct the City's legal staff to draft a cover letter explaining to the Charter Commission the purpose behind this resolution which was intended as a housekeeping measure to bring the language of the Charter into compliance with state law and recent Supreme Court rulings and to request the Charter Commission change the resolution to address the housekeeping issue and the policy change in two separate resolutions. Council Member Stigney inquired of the City Attorney as to what made the resolution in violation of state law. He said to the best of his understanding the resolution was not in violation of state law. Mayor Coughlin clarified this resolution was one of four that were presented for adoption by ordinance because there was some wording in the original Charter which was not in keeping with state statutes, laws, or recent supreme court rulings. Council Member Stigney noted the language changes were in the resolution. Mayor Coughlin further clarified by saying there are two separate elements in the resolution. One is the legal housekeeping issue, and the other is a policy change. Mayor Coughlin indicated this is why he moved to separate the two issues. Council Member Stigney explained to the Council that the Charter Commission addressed the housekeeping issue and added a sentence directly after the sentence that reads "During any of its public meetings the council shall not prohibit but may place reasonable restrictions upon citizens comments and questions." That sentence is as follows: "Such restrictions shall be similar to restrictions that the Council places upon its members." Mounds View City Council September 25, 2000 Regular Meeting Page 7 Council Member Stigney noted the reason behind the Charter Commission adding the sentence is because the Council has ruled to limit citizens to three minutes regardless of the issue they are speaking on. Council Member Stigney said both he and the Charter Commission feel the new sentence offers a courtesy to residents when they are making their point before Council. He then said the matter could be referred back to the Charter Commission but there is no need to make a separate resolution as this was merely intended as an enhancement to the language of the Charter. Mayor Coughlin clarified his motion was not in any way speaking to the merits of the proposed addition but it is in keeping with recognizing there is a policy change that has been included in a housekeeping document and the two issues should be separated. Council Member Quick noted he agreed with Mayor Coughlin on the matter and then called the question. Mayor Coughlin noted a motion was made to call the question and called for a vote. Ayes - 5 Nays - 0 Motion carried. Mayor Coughlin called for a vote on the earlier motion to separate the housekeeping issues from the policy issue in this resolution. Ayes - 4 Nays - 1 (Stigney) Motion carried. • E. Consideration of Charter Commission Resolution 2000-05. Mayor Coughlin asked the City Attorney to summarize the proposed amendment to the Charter. City Attorney Riggs noted this resolution attempts to clarify changes in compensation for the Mayor and City Council Members. He noted City Attorney Long feels this resolution is not entirely necessary but is allowed if the Council sees fit to add it. He explained if a change is made this Council would not be able to change their compensation so this would be in effect for newly elected Council. He then commented the one change calls for a public hearing but that is not entirely necessary as a public hearing would already be required MOTION/SECOND: Stigney. To Waive the Reading and Approve Charter Commission Resolution 2000-OS as presented. The motion died for lack of a second. MOTION/SECOND: Quick/Thomason. To deny approval of Charter Commission Resolution 2000-OS as presented. Council Member Stigney asked Council Member Quick his basis for denial. Council Member Quick declined to comment. Mayor Coughlin noted the request from the Charter Commission was to adopt these resolutions by ordinance which means to adopt them without any considerable public input. This resolution Mounds View City Council September 25, 2000 Regular Meeting Page 8 and the resolutions following are policy decisions and he believes whether he agrees or disagrees with the resolution the people of the City of Mounds View should have input. He then said the City Charter belongs to the people of the City of Mounds View not to the Charter Commission and not to the City Council and he cannot in good conscience approve the resolutions as presented without public input. Council Member Stigney clarified what City Attorney Riggs had said by saying the charter amendment goes further than is now required by requiring publishing at least once in the City's official legal newspaper not less than ten days prior to the date of the public hearing. Mayor Coughlin noted this is the case with all ordinance changes. Council Member Stigney stated the requirement to publish in a legal newspaper is not part of the present charter which is why it is underlined as an amendment to the charter. He noted the resolutions were submitted to the Council on June 2, 2000 so the Council could review and make any language changes they deemed necessary. He stated the City has "drug its feet" and it is too late to put the resolutions on the ballot in November for the general election if the Council does not approve them by ordinance. He also said he feels it is a shame that the legal system or the political system works in this way. Mayor Coughlin called for a vote on the motion. Ayes - 4 Nays - 1 (Stigney) Motion carried. Mayor Coughlin inquired of the attorney if the remaining resolutions could be heard together or if they needed to be heard separately. City Attorney Riggs recommended the Council hear the resolutions separately. F. Consideration of Charter Commission Resolution 2000-06. MOTION/SECOND: Stigney. To Waive the Reading and Approve Charter Commission Resolution 2000-06 as presented. The motion died for lack of a second. MOTION/SECOND: Marty/Quick. To deny approval of Charter Commission Resolution 2000- 06 as presented. Council Member Stigney commented the resolution is talking about commissions of the City and it adds a sentence that states "Members of such boards and commissions shall serve without compensation." He noted the reason it was added is at an earlier retreat it was mentioned by the Mayor that the City start paying commission members a salary. The resolution was adopted by the Charter Commission unanimously requiring the City not pay a salary to commission members. He noted in the City Code it specifies the members of the EDC, Park and Recreation, and Planning Commission shall serve without compensation. He indicated the resolution was intended to make it difficult for this Council to change the City Code and begin paying compensation to those members who serve on a commission. Mounds View City Council September 25, 2000 Regular Meeting Page 9 City Attorney Riggs noted there is typically not a need to have language governing compensation of commission members in a City's Charter but if the City would like it added there would not be a problem doing so. Mayor Coughlin clarified the origin of this proposed resolution as stemming from a comment he had made at a brainstorming session at a retreat attended by City Council Members where he had commented it may be an idea to compensate those that serve on commissions. He noted it was his intention to do nothing more than a sandwich or something equivalent. He further clarified there was not much comment on the "idea" other than it was not well received and garnered no support. Mayor Coughlin stated for the record his comment was made at an "idea session" and he feels the matter could have been dealt with on a much smaller level rather than attempting to include it in the City's Charter. Council Member Marty indicated it was his opinion the "idea" was just a brainstorming idea that got no discussion at all and he is surprised to see a resolution drafted addressing the idea. Council Member Stigney commented he had given opposition to it at the retreat, the resolution is before the Council because he is on the Charter Commission, and he and the Charter Commission felt the idea had a possibility of being enacted. Mayor Coughlin took exception and concurred with Council Member Marty there was virtually no discussion including opposition at the retreat. Mayor Coughlin called for a vote on the motion. Ayes - 4 Nays - I (Stigney) Motion carried. G. Consideration of Charter Commission Resolution 2000-07 MOTION/SECOND: Stigney. To Waive the Reading and Approve Charter Commission Resolution 2000-07 as presented. The motion died for lack of a second. MOTION/SECOND: Marty/Thomason. To deny approval of Charter Commission Resolution 2000-07 as presented. Council Member Stigney explained the purpose of this amendment is to require the City to notify residents that the franchise fee is going to be changing and to what extent. The new section reads: "The Council shall hold a public hearing on any action to impose, modify or continue a franchise fee. Such action shall be enacted by ordinance. Notice of such hearing shall be published at least once in the City newsletter and in the official newspaper not less than ten days prior to the date of the hearing." Council Member Stigney stated he takes exception to the motion of Council to deny the change calling for notification of the residents of a franchise fee. Mounds View City Council September 25, 2000 Regular Meeting Page 10 Mayor Coughlin took exception to Council Member Stigney's comments as the motion to deny has nothing to do with the merits of the amendment to the Charter. Council Member Stigney asked the Mayor to clarify his statement. Mayor Coughlin referred him back to his earlier comment wherein he indicated neither he nor the Council is speaking to the merits of the resolutions. Mayor Coughlin commented any Council Member may, at any time, call for public notice and without getting into the merits of the resolution he stated for clarification of Council this resolution is something that could be dealt with without changing the founding documents of the City. Council Member Marty noted the current Council is following the lead of the previous Council when it comes to the franchise fees being approved for aone-year period. Council Member Marty noted he would prefer the franchise fee be addressed as part of the budget process every year. Council Member Quick noted the information on franchise fees is clearly addressed at the budgeting session every year. Council Member Stigney clarified the amendment is calling for notice to be published in the City newsletter and the official newspaper which has not occurred because "the Charter does not require it." Mayor Coughlin called for a vote on the motion. Ayes - 4 Nays - 1 (Stigney) Motion carried. H. Consideration of Charter Commission Resolution 2000-09 MOTION/SECOND: Stigney. To Waive the Reading and Approve Charter Commission Resolution 2000-09 as presented. The motion died for lack of a second. MOTION/SECOND: Quick/Marty. To deny approval of Charter Commission Resolution 2000- 09 as presented. Council Member Stigney said the amendment is lengthy and noted the basic idea of the amendment is to establish some constraints on tax increment financing within the City as 22% of the City is in tax increment financing districts now which the City does not derive any tax benefits from until the districts are closed out. He acknowledged money goes into a pool for use on tax increment financing projects. This amendment states once the districts are closed out the City cannot open up new tax increment financing districts if they would exceed 15%. • Mounds View City Council September 25, 2000 Regular Meeting Page 11 Council Member Quick inquired as to whether, when the district is set up, all the value in that district is taken into account and only the increase in value caused by that project is placed in the pool. Economic Development Coordinator Aaron Parish confirmed the statement of Council Member Quick. Council Member Quick noted the City is not losing 22% of the City's worth but only the increase which the City receives 10% of to do with as the City sees fit within the constraints of state law. Council Member Stigney clarified he had stated that 22% of the City's tax increment financing districts are property based and regardless of how much of the increment the City uses to put into a pool, if there was no Tax Increment Financing district, or if the district were closed out, there could be a development and all of the money from that development would go to the City. Economic Development Coordinator Parish said Council Member Stigney was correct in saying the City receives 22% of the annual tax levy in tax increment financing funds on an annual basis and Council Member Quick had correctly pointed out that it is the increase in taxes. He indicated what was there when the districts were certified still is distributed to the various taxing jurisdictions. He then explained the reason the City certifies TIF districts is to create a tax base. Council Member Quick inquired as to what projects had come into the City using TIF funds. Economic Development Coordinator Parish told the Council the Mounds View Business Park, Multi-Tech Systems Inc., CG Hill & Sons, Sysco, Zep, Midwest I.V., and some residential projects including Silver Lake Point which is a senior facility. He indicated some projects are done with tax increment financing assistance and then grow into developments that do not use tax increment financing assistance. Council Member Stigney noted the proposed amendment is not lowering the percentage of current TIF districts but limiting the creation of new TIF districts to 15%. City Attorney Riggs referred the Council to City Attorney Long's summary letter on this resolution wherein Mr. Long indicated it may or may not be permissible to change the Charter to reflect this TIF restriction. He said it is questionable even if the resolution passes and is put in the Charter that the City could enforce it. Council Member Quick called the question. Mayor Coughlin called for a vote on the motion to move the question. Ayes - 4 Nays - 1 (Stigney) Motion carried. Mayor Coughlin called for a vote on the motion. Mounds View City Council September 25, 2000 Regular Meeting Page 12 Ayes - 4 Nays - 1 (Stigney) Motion carried. f Minnesota tatutes Council Member Stigney inquired as to whether the Council is m violation o S Section 410.12, Subd. 1 by denying approval of the resolutions. Mayor Coughlin commented it was his understanding, after reading City Attorney Long's letter, that City Attorney Long was concerned that the Charter Commission was asking first for this to be considered under one statute and, in the same document, is asking to have it considered under a different statute. Mayor Coughlin noted it was the opinion of City Attorney Long that this was not in order. City Attorney Riggs said the City was not in violation of Minnesota Statute Section 410.12, Subd. 1 because there is a dual purpose resolution before the Council from the Charter Commission and it is the opinion of City Attorney Long that it is questionable whether or not it can be presented this way to the Council. I. First Reading of Ordinance 669, an Ordinance Implementing a Franchise Fee on Northern States Power Company Electric and Natural Gas Operations within the City of Mounds View. MOTION/SECOND: Quick/Thomason. To Waive the Reading and Introduce First Reading of Ordinance 669, an Ordinance Implementing a Franchise Fee on Northern States Power Company Electric and Natural Gas Operations within the City of Mounds View. Ayes - 5 Nays - 0 Motion carried. J. First Reading of Ordinance 670, an Ordinance Implementing a Franchise Fee on Reliant Energy Minnegasco Natural Gas Operations within the City of Mounds View. MOTION/SECOND: Quick/Marty. To Waive the Reading and Introduce First Reading of Ordinance 670, an Ordinance Implementing a Franchise Fee on Reliant Energy Minnegasco Natural Gas Operations within the City of Mounds View. Ayes - 5 Nays - 0 Motion carved. K. Closed Session. Harstad Lawsuit. Mayor Coughlin noted this item was heard in a closed meeting prior to the start of this meeting and indicated it should have been removed from the agenda. 11. Next Council Work Session: Monday, October 2, 2000 - 6:00 P.M. Next Council Meeting: Monday, October 9, 2000 - 7:00 P.M. ~J • • Mounds View City Council Regular Meeting 12. ADJOURNMENT Mayor Coughlin adjourned the meeting at 8:12 p.m. Transcribed and recorded by: Joan Lenzmeier Timesaver Off Site SecretaYial, Inc. September 25, 2000 Page 13 MOUNDS VIEW CITY COUNCIL MEETING SEPTEMBER 25, 2000 Please sign in \.~1IE .~DDRI~~SS C:Admin.resolution.sign-in sheet