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HomeMy WebLinkAboutMinutes - 2004/01/12PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA ~, Regular Meeting f~~ , :~- ~v 2 January 12, 2004 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 7:00 P.M. 1. MEETING IS CALLED TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Linke, Quick, Marty, Stigney, and Gunn 4. APPROVAL OF AGENDA A. Monday, January 12, 2004 City Council Agenda. Mayor Linke asked that Items 5 and 6 be reversed. Community Development Director Ericson asked that Item 8H be removed from the agenda. Council Member Marty requested that Items 8A and 8E be removed from the Consent Agenda and that Item 8E be placed on the worksession agenda. He then asked that Item 8A be moved to the next meeting agenda for clarification from the City Attorney and the City Administrator. MOTION/SECOND: Marty/Gunn. To Approve the Monday, January 12, 2004 Agenda as Amended. Ayes - 4 Nays - 0 Motion carried. 5. PUBLIC INPUT Doris Hammond of 3034 Ardmore Avenue asked if Council was aware of the accident in front of the manufactured home park. She then explained that a car hit the utility pole and they were without power for a couple of hours and their only entrance was blocked by the numbers of emergency vehicles responding. She further commented that there was a domestic situation that police responded to but were hindered and unable to make an arrest because they did not have access to the park. Mayor Linke indicated that adding another entrance is the responsibility of the park but he believes the park should have two. Mounds View City Council January 12, 2004 Regular Meeting Page 2 MS. Hammond asked whose responsibility it is to keep the back gate free of snow. Mayor Linke directed Staff to look into snow removal at the back gate to determine whether it is the responsibility of the park or the City. Ms. Hammond expressed concern that the back gate that is supposed to be the secondary emergency access is locked and has no snow removal. David Jahnke of 8428 Eastwood Road asked how residents can keep track of the loans given to the golf course. Finance Director Hansen indicated the loans are listed in the City's annual financial reports and the funds come partly from the water fund and partly from the vehicle and special projects fund. He further commented that there is no secret to the loans and last year the total was just over $1,000,000 and he anticipates the results to be similar this year as to 2002, which means there would need to be an additional loan to the golf course. Mr. Jahnke thanked Staff for the information and said he wanted to know where to find the information. He then said that he is concerned that the course cannot even break even with the billboards and asked Council to look into it. Eric of 3038 Ardmore Avenue indicated that the curve from Program Avenue to H2 where the speed limit is 20 m.p.h. is an issue because there have been numerous times where people hit the wall. He then asked if they could get a guardrail and said that right now there is plywood patching the hole from the last time a vehicle hit it. He also indicated he is concerned with 35Wsouthbound because of the potential issue with vehicles hitting the sound wall. Mayor Linke indicated that MNDOT may not agree to a guardrail but said the City would look into whether anything could be done. 6. SPECIAL ORDER OF BUSINESS A. Senator Betzold and Representative Bernardy Senator Betzold and Representative Bernardy appeared before Council to brief Council and residents on the upcoming legislative session. They invited residents to contact them via telephone or email at any time to discuss issues. Representative Bernardy indicated there would be a Mounds View Town Hall Meeting on February 14, 2004 at 11:00 a.m. 7. JUST AND CORRECT CLAIMS A. Just and Correct Claims Mounds View City Council January 12, 2004 Regular Meeting Page 3 • I.J MOTION/SECOND: Gunn/Marty. To Approve Just and Correct Claims as Presented. Ayes - S Nays - 0 Motion carried. 8. CONSENT AGENDA A. Resolution 6170, Approving L.E.L.S., Local No. 232 (Police Sergeants) 2003 Labor Agreement B. Resolution 6161, Approving a Contract Award to Bonestroo, Rosene, Anderlik & Associates (BRAA) to Assist the City in Conducting a Water Vulnerability Assessment and Updating the Emergency Response Plan C. Resolution 6162 Appointing Planning and Park and Recreation, and Police Civil Service Commissioners and Chairpersons D. Set a Public Hearing for 7:OS p.m., Monday, January 26, 2004, for the First Reading and Introduction of Ordinance 72S Amending the Zoning Code to Establish an Administrative Variance Approval Process E. Set a Public Hearing for 7:10 p.m., Monday, January 26, 2004, for the First Reading and Introduction of Ordinance 726 Amending the Zoning Code Regarding Temporary Outdoor Structures in a Residential District F. Resolution 6163, Approving the Purchase of a Replacement Dump Truck G. Resolution 6171, Approving the Purchase of a Replacement'/4 Ton 4x4 Pick Up Truck H. Resolution 6065, Approving a Permit Application for CLIMB, a Charitable Organization to Conduct Charitable Gambling at Robert's Off 10 I. Set a Public Hearing for 7:05 p.m., Monday, February 9, 2004, for the First Reading and Introduction of Ordinance 729, Setting Sanitary Sewer Rates for Service in 2004. Items A, E and H were removed from the consent agenda. Council Member Marty requested that Item C be removed for discussion. Council Member Stigney asked that items F and G be removed for discussion. MOTION/SECOND: Marty/Stigney. To Approve Consent Agenda Items B, D, and I as Presented. Ayes - S Nays - 0 Motion carried. U Council Member Marty indicated he was aware of at least one more application for the Police Civil Service Commission but only two were provided. Mayor Linke indicated the ones provided were the ones received by Friday. Mounds View City Council January 12, 2004 Regular Meeting Page 4 Council Member Quick asked what has changed from last year to this year to make the Mayor decide to recommend someone for this Commission. Mayor Linke indicated he had no one at that time that had applied that he wanted to appoint and it is his position to bring appointments forward. Council Member Quick commented that there is someone that has served on the Commission for six years that the Mayor feels is not qualified as well as someone who is a former chief of police. Mayor Linke indicated the person in question is Council Member Quick's wife and he does not think it is a good idea. He then said she has been on there a long time but during other discussions for other Commissions there were conflict discussions. Council Member Quick indicated his wife has never had a contract or owned a corporation or been president of a corporation that had a contract with the City that the City had to terminate and his wife has never been an employee of the City. Mayor Linke indicated that the comments of Council Member Quick have nothing to do with his recommendation. Council Member Quick said he feels there is bias here and it has to do with terminating the contract. Council Member Stigney indicated that he is aware of one or two others that have applied and there were previous applications. Mayor Linke indicated that when he asked Desaree how many applications there were he was given these. Council Member Stigney asked someone to check with Desaree because he can give names of people that have applied from the time the position was advertised. Mayor Linke indicated that these are the names he would like to appoint. Council Member Quick commented that the Mayor said he only got two but is now saying that the other ones he does not want to appoint. He then asked if he received the other applications. Mayor Linke said he has not seen them. Council Member Quick commented that the Mayor had been interested in looking at the Commission to change it to something else but now wants to make appointments. Mayor Linke indicated that idea was defeated and the City needs to make appointments because the City is hiring new officers. Mounds View City Council January 12, 2004 Regular Meeting Page 5 Council Member Stigney commented that it seems to him that Council is going two ways. The Mayor has said that if sitting members were to reapply they would automatically get it but now it seems that is not the case so it seems that it depends upon who is applying whether that is true. He further commented that he would like to see all the applications rather than only these two. Mayor Linke indicated that Council Members were given the applications from the people that he is recommending. Council Member Stigney indicated he would like to see all of the applications for the positions. Mayor Linke indicated it is his position and duty as Mayor to pick who he feels should be on this Commission and he asks for ratification by the Council. Council Member Stigney commented that the Police Civil Service Commission is supposed to be entirely independent of the Council but when he sees a certain appointment on there he is concerned. MOTION/SECOND: Stigney/Quick. To Postpone Appointments to the Police Civil Service Commission. Council Member Gunn asked whether Mary Shea would serve another term on the Commission. Mayor Linke indicated she is being reappointed. Council Quick asked whether Mary Shea put in an application for the position. Mayor Linke indicated he did not ask her to do that. Council Member Quick indicated the Resolution should be amended to include correct term expiration dates in order to keep them staggered. Council Member Marty indicated he spoke to Chief Sommer and was told that there are 125 applicants for the police officer positions. He then asked whether delaying appointments would affect the hiring timeline. Chief Sommer indicated that he has met with the existing two members of the Commission and it would be helpful to appoint as soon as possible but said he could make it work if a short delay is necessary. He further commented that the Commission would need to review the sergeant promotion very soon. Council Member Quick commented that there is one member on the Commission whose term has expired who continues to attend the meetings and that same person is the one that the Mayor will not bring forward for reappointment. • Mounds View City Council January 12, 2004 Regular Meeting Page 6 Chief Sommer said it was his understanding that there are two members serving although the status of one member is not real clear. Council Member Stigney indicated that members serve until they are replaced so there are two members which is a quorum of the three so he sees no issue. Council Member Quick pointed out that there appears to be "Lionism" appearing on the Police Civil Service Commission again. Ayes - 4 Nays - 1(Linke) Motion carried. MOTION/SECOND: Marty/Stigney. To Approve Resolution 6162, a Resolution Appointing Planning and Park and Recreation Commissioners and Chairpersons. Council Member Stigney read those being appointed. Ayes - 5 Nays - 0 Motion carried. F. Resolution 6163, a Resolution Approving the Purchase of a Replacement Dump Truck. • Council Member Stigney expressed concern with replacing a vehicle that recently had a $5,000 transmission replacement. Public Works Director Lee indicated the vehicle has a lot of other components that are beyond their useful life and have the potential to fail costing the City money. He then said that since the vehicle has been kept until it is 15 years old rather than the 12 year recommendation Staff recommends replacement. MOTION/SECOND: Marty/Quick. To Waive the Reading and Approve Resolution 6163, a Resolution Approving the Purchase of a Replacement Dump Truck. Ayes - 5 Nays - 0 Motion carried. G. Resolution 6171, a Resolution Approving the Purchase of a Replacement Ton 4x4 Pick Up Truck. Council Member Stigney commented that this vehicle is assigned to the mechanic and asked whether all the vehicles are assigned to specific individuals. Public Works Director Lee indicated that not all of them are but many are. He then said that all vehicles remain at City Hall with the exception of the Public Works Foreman. Council Member Stigney asked how many miles the vehicle has on it. Mounds View City Council January 12, 2004 Regular Meeting Page 7 Public Works Director Lee indicated the vehicle is a1989 Chevrolet 4x4 but he does not know ho many miles are on it. He then explained that the City has a 10 year replacement policy but at the 10 years the vehicle is put into a fleet to utilize for as long as possible before they are traded off. Council Member Stigney asked if it would be possible to utilize a smaller truck or if a full size truck is necessary. Public Works Director Lee indicated that the duties of this vehicle require a full size truck to be able to haul the various types of equipment. MOTION/SECOND: Marty/Gunn. To Waive the Reading and Approve Resolution 6171, a Resolution Approving the Purchase of a Replacement %2 Ton 4x4 Pick Up Truck. Ayes - 5 Nays - 0 Motion carried. 9. COUNCIL BUSINESS A. Public Hearing, First Reading and Introduction of Ordinance 728, an Ordinance Authorizing the City Council to Set Storm Water Management Fees for Service in 2004. Mayor Linke opened the public hearing at 7:55 p.m. Finance Director Hansen indicated that the numbers presented are what was discussed at the work session in November. He then updated Council on the reasons behind the rate increase. Mayor Linke closed the public hearing at 7:58 p.m. MOTION/SECOND: Stigney/Quick. To Waive the Reading, Introduce the First Reading and Approve Ordinance 728, an Ordinance Authorizing the City Council to Set Storm Water Management Fees for Service in 2004. Ayes - 5 Nays - 0 Motion carried. B. Public Hearing and Consideration of a Preliminary Plat for the Longview Estates Major Subdivision. Mayor Linke opened the public hearing at 8:00 p.m. Director Ericson explained the application for preliminary plat approval for Longview Estates indicating it would be a major subdivision containing 151ots. Director Ericson indicated the Planning Commission recommended denial of the subdivision • based on unknown factors associated with the wetlands. About half of the property is wetland so to subdivide the property there would be some significant fill brought in and that is shown in Mounds View City Council January 12, 2004 Regular Meeting Page 8 yellow on the map. The areas shaded in blue would be areas that would be mitigated to address the areas that are filled. He then indicated that the application has not been reviewed by Rice Creek Watershed District but it meets the basic requirements. Director Ericson indicated there has been a lot of citizen and resident feedback on this matter. He then handed out another letter from a resident concerning the subdivision and said that residents are concerned about the hydrology and nature and trees as well as the setting but the biggest issue is the hydrology. He then said that there would need to be significant fill on the site for the house pads as there are a lot of organic soils and explained that one of the stipulations of any approval would be the requirement of a soil analysis and soil borings. Director Ericson indicated that this plan does satisfy the City's Comprehensive Plan although there is a clause that any subdivision of land needs to take into consideration the environmental aspects of the property. He then read the list of requirements that would need to be conditions of approval emphasizing that the applicant would not be allowed to allow any additional run off downstream from his property when homes are built and cannot affect the neighboring properties. Director Ericson indicated that easements would need to be dedicated on this property and a park dedication fee would need to be paid. He then said that the assessed value of this property is substantially less than what Staff feels would be an appropriate value Staff recommends that an • appraisal be done. Director Ericson indicated that traffic issues are also a concern of residents but the roads were designed to anticipate development in the area. This development would create more traffic in the area but the road is designed to handle it. He then said that Staff is concerned with allowing driveways with direct access onto Silver Lake Road so one condition of approval would be that all driveways along Silver Lake Road would have to have a "T" to allow room to back out and turn around so the vehicles could pull out onto Silver Lake Road going forward to minimize the danger. Director Ericson indicated that the property is very heavily vegetated and the plan, if approved, would mean that all of the trees outside of the wetland area be removed. He then indicated that Staff recommends requiring that any trees located within the right-of--way be preserved and allow only removal for driveway access. Director Ericson indicated that Staff would need to discuss with the applicant the addition of a trailway to the plan. Director Ericson suggested that Council discuss the issues with the hydrology of the site. He then said that the Planning Commission recommended denial but Staff has been advised by the City Attorney that this plat does satisfy the City's Code and he advises the Council to approve the preliminary plat with specific conditions that would address and resolve any issues of the residents and the City with regard to the hydrology and other issues. Mounds View City Council January 12, 2004 Regular Meeting Page 9 Director Ericson indicated there is substantial cost for a full blown hydrology analysis and without preliminary plat approval it is unreasonable to expect it. Director Ericson indicated that Staff concurs with the City Attorney's recommendation to approve subject to the many conditions listed by Staff. He then indicated that if the plan were approved, the applicant would need to obtain a wetland alteration from the City and there are numerous requirements that would need to be met. Mayor Linke asked if the City is covered through a development agreement with the developer to cover all Staff costs and engineering costs. Director Ericson indicated the application that was included with the Staff report contains a disclaimer indicating that the applicant is responsible for the costs associated with the application. Council Member Gunn told residents the preliminary plat approval contains 10 conditions and said that the document was in the public book if they wished to read them. Mr. Harstad addressed Council and provided an overview of his development requests for this property. In 2001 he had before Council the 11 lot plat that required variances along Longview Drive as the lots did not meet the lot width requirements imposed by the wetland ordinance requirements. He then indicated that the City had requested Rice Creek Watershed District approval before he came to the City so he obtained that and was ultimately denied the variance. He further commented that the previous plan did not have any lots along Silver Lake Road and would have provided a tree buffer through a conservancy easement to maintain the block of trees that was 150 feet wide. Mr. Harstad indicated that the site in general has not changed since 2001. It is the storm sewer for Silver Lake Road and Longview due to the lack of catch basins in the area. He further commented there is a culvert from Silver Lake Road that dumps onto this property. He then indicated that when the first proposal was before the watershed, the one thing that they were excited about was that the water would have been channeled to a pond to be treated before entering the wetland. Mr. Harstad indicated that as part of the new project they would be treating storm water into a pond so the quality of the wetland would improve. He then said they would be doing some significant land modification staying under the half an acre requirement and will be replacing wetlands at a 2 to 1 ratio. He further indicated they would be filling .47 acres of land and recreating, along with credits for cleaning up storm water, 8.6 acres of wetland. Mr. Harstad indicated that he has been asked whether he likes this development better than the first proposal and the honest answer is that he does not because he would prefer the buffer of trees but the Council and Planning Commission said they did not want the other development because it required a variance for lot width. Mounds View City Council January 12, 2004 Regular Meeting _ Page 10 Mr. Harstad indicated they would be utilizing the existing curb stops that are there and there would be two extra curb stops that would be capped. There is sewer and water on Silver Lake Road on the other side so they would have to bore under Silver Lake Road and bring it across. It becomes complex as there is no curb or storm sewer along Longview. There is curb but it goes to an open ditch, which is unusual in today's age. He then said that the same is true for the sidewalk, because it should be right along Silver Lake Road but the County chose to dig the ditch so it creates obstacles to be worked through with the County. Mr. Harstad indicated that there would be significant tree loss on the property but assured residents that he would maintain whatever trees possible as it adds value to the project to leave them. Dallas Thompson of 5178 Longview Drive indicated that this plan would be a massive change to the area and that concerns him. He then asked Council who his lawyer should contact should he develop water problems in his home after the homes are built on the wetland. He further commented that he has no water issues now and does not want any after the homes are built there. Mayor Linke indicated that the developer is required to follow specific criteria from the City, the County, and Rice Creek Watershed District to ensure that the adjoining properties are not negatively impacted. He further indicated that the water cannot flow off of this property and onto adjacent properties. Council Member Stigney asked if it is possible to state something in the development agreement that Mr. Harstad has a responsibility for any water damage caused to adjoining properties attributed to this development. Director Ericson indicated the City usually requires a performance bond but the difficult thing would be proving responsibility for someone's water issue. He then said that if someone incurs damage that can be directly attributed to the development the developer could be held responsible but if there is some 100 year event that happens to everyone and they all have water it would be difficult to prove that the water damage is directly attributable to the developer building those homes. Director Ericson indicated that the bonding could be drafted to be extended a couple of years to account for any potential issues but residents would still need to prove that the water was caused by the development. He then said that the hydrology analysis and Rice Creek Watershed District will dictate the requirements necessary to resolve any drainage issues with the site. Barbara Koziak of 5173 Red Oak Drive indicated she has lived at her home since 1973 and, at the time they purchased the property, they were told the area was a protected wetland that would not be built on. She then commented that the area is a very nice wildlife wetland area that should be protected. She further commented that the bonding for any damages does not help her because she does not want the damage in the first place. Mounds View City Council January 12, 2004 Regular Meeting Page 11 Mayor Linke indicated the City has a wetlands ordinance and Rice Creek Watershed District has requirements to protect the area. He then said that Mr. Harstad still has to prove to the City that he is not going to be damaging the wetlands and if he cannot do that the City has the right to say no to the project but, to get to that step, he needs preliminary plat approval. Ms. Koziak asked what the process is to prove he can build there. Mayor Linke indicated that soil borings would need to be done. He then said that an independent soil boring firm would be contracted and they are bound by law to provide an impartial analysis of the soil. Ms. Koziak asked how long the process would take. Mayor Linke indicated the Resolution states that everything needs to be ready by this time next year or the approval is void. Council Member Quick pointed out that Mr. Harstad could resubmit an application if he does not meet the one year deadline. Council Member Marty indicated that there was a wetland delineation study done at the golf course with soil borings and it was during a relatively mild precipitation summer and that study • took two years because it was necessary to have a normal summer for precipitation. He then asked whether that would be an issue at this property. David Jahnke of 8428 Eastwood Road commented that he feels bad for the residents because the fact is they were not told that legally he can do this and the bottom line is this project is going in. He then said the residents thought they could stop this plan but they would have been better off if they agreed to the first plat that was only 11 lots rather than 1S. Mayor Linke commented that it is coming but there are rules that need to be followed. He then said that any piece of land is open for development by the owner of the property. Mr. Jahnke said he feels the City should have told the residents right out that this could not be stopped because he feels that the 11 lot plan was better. He then suggested sitting down with Mr. Harstad to ask him to go back to the 11 lot plan rather than the 1 S. Mayor Linke indicated the 11 lot plan had some zoning issues. Director Ericson indicated that the issue with the 11 lot plan was that the lots did not all meet the 12S foot lot width minimum. He then said he, too, prefers the 11 lot subdivision because it would preserve so much of the buffer along Silver Lake Road as well as take away the access onto Silver Lake Road with driveways. He further commented that this plan does satisfy the City's Code and it is the plan before Council for review. • Mounds View City Council January 12, 2004 Regular Meeting Page 12 Council Member Quick asked how many homes could be placed on the property if there were no wetland zoning regulations. Director Ericson indicated that 241ots would be possible if not for the wetland zoning regulations and the wetlands on the property. Council Member Quick asked what the minimum lot width on a regular lot in the City is. Director Ericson indicated the minimum lot width is 75 feet. Council Member Quick commented that the wetland zoning ordinance has decreased the impact to the wetland by nearly half by allowing almost half as many lots on the site. Mr. Harstad clarified that he had brought another plat before Council. He then said that the property would qualify for 26 lots if not for the wetland zoning ordinance. Director Ericson indicated the previous application started out as an 11 lot subdivision and was amended to 24. Steve Kuhl of 5176 Longview Drive indicated he is concerned with the properties to the east because there is already standing water in the spring and during heavy rainfall events that does not runoff it soaks in and then flows away. He then said that if the soils are compacted along Longview in that area the soil underground will act as a dam and back water up onto their properties. He further commented that the Ward family does get water in their basements now and he is concerned that this will make matters worse. Mr. Kuhl said he feels that the trees are a part of the wetland as they consume excess water and they are at risk with this development. He also said there are falcons nesting in the area along with deer and Pileated woodpeckers. Mr. Kuhl asked Council to consider quality of life for the people and the animals and taking out the trees destroys the quality of life for the wildlife. He then said that there is a creek bed that runs toward their house. Mayor Linke indicated that the developer would not be able to do any work in the wetland. Mr. Kuhl indicated that he maintains that taking the trees out will affect the wetland. He then said that his research indicates that some of the regulations do include consideration of the wildlife. Sandra Kuhl of 5176 Longview Drive indicated she wanted to make the Council aware that Mr. Harstad is not going to be the builder of the property. He will be selling it and someone else building the homes. • Mounds View City Council Regular Meeting January 12, 2004 PaEe 13 David Jahnke of 8428 Eastwood Road indicated that the other plan would have saved trees and had less houses on that property. David Tilman of 5166 Longview Drive reminded Council that roughly 8 or 10 years ago a house was built on the corner of Woodale and Longview Drive and residents said it would not work but Council approved a split entry house and, four years later, a house could not be built on it and they ended up with a one story slab home in that location because it would not support a basement. Ron Morgan of 2656 County Road H2 commented that there are major soil corrections necessary with this development. He then suggested the City look into instituting some requirements that limit the amount of soil that can be corrected on a site. Mr. Morgan indicated he heard Mr. Harstad state that he liked the other development and he suggests that Mr. Harstad may want to go with the other development because this will be extremely expensive as proposed. He further commented that he feels the soil correction is going to be extremely expensive and it may be more profitable to build a less dense development. Mr. Morgan commented that he thinks Mr. Harstad is trying to make the City more receptive to his other plan by attempting to get this development approved. Mr. Morgan commented that residents do not get involved in the finances of the development but the quality of life they have after the development is in. He then said they have had water issues at his location for 30 years because it was not done right up front and he cautioned that the City be very careful to make sure that water issues are not created at this location. Mayor Linke closed the public hearing at 9:00 p.m. Mayor Linke asked that Resolution 6145 be read for clarification on the conditions. Director Ericson read the conditions of the preliminary plat approval. Council Member Marty indicated he would like to add that the City Engineer's approval of the hydrology study be a condition as well as that the applicant is prohibited from removing trees within the right-of--way except those identified for driveways. He further commented that he would like the trees inventoried and marked for clarity for the workers that are removing trees. Council Member Marty indicated that a lot of the trees in the wetland are cottonwoods and he has learned that they are highly desirable because they use 50 to 80 gallons of water per day. He then commented that this plan as proposed would be very costly as was just shown by another developer in the City that has to do soil corrections so it may be possible that this is too cost prohibitive. Council Member Marty commented that this is a bitter pill to swallow and he has his doubts that this will work when the hydrology study and engineering reports are done. Mounds View City Council January 12, 2004 Regular Meeting Page 14 Director Ericson indicated he would add the trees in the right of way to the resolution but explained that the city engineer's review of the hydrology analysis is covered in Item 1B under the City wetland alteration permit. Council Member Quick expressed concern that imposing strict tree removal requirements on the developer would open the City up to a lawsuit. He then suggested that any changes to the resolution be reviewed by the City Attorney. He further commented that he has suggested in the past that the City should consider a tree removal ordinance. Council Member Stigney indicated he does not feel that the City can tell someone they cannot cut down their trees. He then asked whether the wetland alteration permit restricts building within the 100-foot buffer. Director Ericson indicated there are provisions in the ordinance that allow the City to review with a careful eye what happens within the buffer but it does not restrict development. Director Ericson indicated that if the standards were met the City would have a hard time denying it. He then said that those standards were put into place to ensure that any alteration or encroachment be minimal. Mayor Linke suggested requiring that any trees marked as significant by the City Forester be replaced at two to one if they are damaged or removed. Mr. Harstad indicated he is a New Brighton resident and reads the community newspaper. He then asked Council to carefully consider the restrictions placed upon his development as there seems to be no precedent for some of the things Council is suggesting. He then commented that Council is selling unimproved ground to another developer and is not requiring that developer to pay park dedication fees to develop it. He further commented that the City is suggesting that someone should appraise his property and he questions whether that is done in the City with other properties. Director Ericson indicated that the City has required appraisals before. Mr. Harstad asked whether anyone has had to do two to one tree replacement. Mayor Linke indicated that the City has not yet instituted a two to one tree replacement. Mr. Harstad commented that the City creates ordinances that he has to live by and he is hearing all kinds of new things at this meeting. He then said that the last thing he recalls was the townhomes on Silver Lake Road had no tree replacement and no trail and he is asking the City to be fair with him on this. He further commented that this is an infill project and it is very sensitive because residents have been looking at his 7.5 acres as their own private park but he pays the taxes on the property and is asking the City not to overburden him in such a manner to kill the project before he gets to the starting gate. ~- - - Mounds View City Council January 12, 2004 Regular Meeting Page 15 Ma or Linke indicated he was su estin the two to one tree replacement. Y gg g Council Member Stigney indicated there is no written wording within the City to require two to one replacement. Mr. Kuhl of 5176 Longview said he believes the Minnesota Wetland Regulations do suggest, if not regulate, two to one replacement. Mayor Linke explained that is wetland replacement but that is not replacement of the trees. Mr. Kuhl indicated that in 1974 residents came to a different Council because there was a commercial development proposed on Silver Lake Road with the utility entrances on Longview and residents had 485 signatures that said please do not do that. And, at that time, there was a Ramsey County Greenspace Group and that is why Ms. Koziak understood this ground was not to be touched. He then said that there is also an easement on the west side of Longview for an interpark trail and suggested the City look into it. Council Member Quick asked for a review of any added conditions. Council Member Gunn indicated she agreed with Council Member Marty that the City is not . thrilled with this but the conditions that are listed will control whether or not this is a doable development. Ms. Koziak asked if the hydrology report refers to the ability of the ground to support the home. Mayor Linke indicated that the soil boring test would determine whether the soils could support a home. Jonathon Thomas of 8040 Groveland Road indicated he has a background in these types of projects and, if the citizens petition the Planning Commission and City Council to reconsider the variance on the other project, could the plan be revised by the developer. Mayor Linke indicated the developer can do whatever he wants. Mr. Thomas commented that if the only reason the plan was denied was because of the 125 foot lot requirements, if petitioned, the City could reconsider. MOTION/SECOND: Gunn/Stigney. To Waive the Reading and Approve Resolution 6145, a Resolution Approving the Preliminary Plat for Longview Estates Major Subdivision. Council Member Stigney commented that based upon the developer following the requirements of the City Code there is no basis for denying the preliminary plat approval. • Ayes - 5 Nays - 0 Motion carried. Mounds View City Council January 12, 2004 Regular Meeting Page 16 Council recessed at 9:27 p.m. C. Resolution 6154, a Resolution Appointing MMKR to Provide Auditing Services for the Year Ended December 31, 2003. Council reconvened at 9:35 p.m. MOTION/SECOND: Marty/Stigney. To Waive the Reading and Approve Resolution 6154, a Resolution Appointing MMKR to Provide Auditing Services for the Year Ended December 31, 2003. Ayes - 5 Nays - 0 Motion carried. D. Resolution 6155, a Resolution Selecting the Official City Newspaper, Acting Mayor, Treasurer, and Official Depositories for 2004. Council Member Marty was inserted as acting Mayor. MOTION/SECOND: Gunn/Quick. To Waive the Reading and Approve Resolution 6155, a Resolution Selecting the Official City Newspaper, Acting Mayor, Treasurer, and Official • Depositories for 2004. Ayes - 5 Nays - 0 Motion carried. E. Resolution 6156, a Resolution Appointing City Council Members and City Staff as Representatives for City Commissions and Other Organizations. Council filled in the required blanks in the Resolution. The appointments were the same as the prior year. Council Member Marty commented that this is the second year that Council Member Quick has not been appointed to anything. Mayor Linke indicated that he and Council Member Quick have discussed this before and Mr. Quick is not available for these meetings due to his work schedule. Council Member Stigney asked whether the banquet center committee should be included. Community Development Director Ericson indicated that there is no longer an agreement with the banquet center manager that requires that type of participation. Council Member Marty indicated he has attempted to telephone the new management and has not received a return call. Mounds View City Council January 12, 2004 Regular Meeting Page 17 Staff agreed to contact the new management to ask that calls be returned in a timely fashion. MOTION/SECOND: Gunn/Stigney. To Waive the Reading and Approve Resolution 6156, a Resolution Appointing City Council Members and City Staff as Representatives for City Commissions and other Organizations. Ayes - 5 Nays - 0 Motion carried. F. Resolution 6157, a Resolution Approving the Timesaver Recording Secretary Contract Extension for 2004 Mayor Linke indicated that it has been a pleasure to review the Minutes. MOTION/SECOND: Stigney/Marty. To Waive the Reading and Approve Resolution 6157, a Resolution Approving the Timesaver Recording Secretary Contract Extension for 2004. Ayes - 5 Nays - 0 Motion carried. G. First Reading and Introduction of Ordinance 727, an Ordinance Amending Section 1006.07 of the Municipal Code Pertaining to Enforcement of Conditions of Development. Community Development Director Ericson indicated that Staff has added wording to the Ordinance to ensure that all conditions of development are met and to allow Staff a mechanism for enforcement. MOTION/SECOND: Quick/Marty. To Introduce the First Reading, Waive the Reading, and Approve Ordinance 727, an Ordinance Amending Section 1006.07 of the Municipal Code Pertaining to Enforcement of Conditions of Development. Ayes - 5 Nays - 0 Motion carried. Director Ericson indicated that the second reading would occur at the January 26, 2004 Council meeting. H. Resolution 6159, a Resolution Approving the 2004 City Council Fee Schedule. Council Member Marty suggested Council consider allowing girl scouts, boy scouts and other similar nonprofit groups to use the basement at City Hall since they are now priced out of using the Community Center. He also asked that reduced fees for community group use of the Community Center be considered when the RFP is drafted. • MOTION/SECOND: Marty/Gunn. To Waive the Reading and Approve Resolution 6159, a Resolution Approving the 2004 City Council Fee Schedule. Mounds View City Council January 12, 2004 Regular Meeting Page 18 :~ • I. Resolution 6160, a Resolution Approving the Room Policies for the Gymnasium and Other Areas of the M.V. Community Center Managed by the YMCA. Economic Development Coordinator Backman overviewed the areas that the YMCA is responsible for managing and provided a drawing of the facility outlining those areas. He then explained there had been a form for scheduling resident and non-resident use of the facility and that form has been revised to be more efficient. Economic Development Coordinator Backman provided an explanation of the different classes of users and the priority they have for booking space. Council Member Marty commented that Mr. Hall had mentioned something about having some events that would like to use the entire Community Center including the gymnasium and asked whether that would be scheduled through the YMCA. Jeannette from the YMCA indicated that the portions of the building they are responsible for managing would have to be reserved through her. Council Member Stigney asked where commercial rental of the gym is handled. Economic Development Coordinator Backman explained how commercial rental of the gym would be handled and explained that a priority group could bump an event. MOTION/SECOND: MartylQuick. To Waive the Reading and Approve Resolution 6160, a Resolution Approving the Room Policies for the Gymnasium and Other Areas of the M.V. Community Center Managed by the YMCA. Ayes - 5 Nays - 0 Motion carried. J. Resolution 6158, Approving a Step Increase for Greg Lee, Mary Burg, Aaron Backman, and Mike Sommer. MOTION/SECOND: Quick/Marty. To Approve Resolution 6158, a Resolution Approving a Step Increase for Greg Lee, Mary Burg, Aaron Backman, and Mike Sommer. Council Member Stigney asked that Resolution 6158 be read. He then read the resolution. Ayes - 5 Nays - 0 Motion carried. 10. APPROVAL OF MINUTES . A. City Council Minutes December 8, 2003 Mounds View City Council January 12, 2004 Regular Meeting Page 19 Council Member Marty requested the following changes: On Page 7, Line 43 insert from Page 10, Line 36. MOTION/SECOND: Marty/Gunn. To Approve the City Council Minutes for December 8, 2003 as Amended. Ayes - 5 Nays - 0 Motion carried. 11. REPORTS A. Reports of Mayor and Council. • Council Member Stigney indicated he had received a different agenda for the meeting with lines on it. Mayor Linke indicated he had asked Staff for an agenda with room on it to keep notes and Staff provided it to all Council Members. Council Member Stigney indicated that Mr. Thomas, as Chair of the Charter Commission, had asked Council at the last meeting to look at the memo that was sent by the Charter Commission to Council that they have not received a response to. Mayor Linke asked that it be discussed at the next work session. Council Member Gunn indicated that January 24, 2004 would be music of the night drum line and winter guard competition in the new gymnasium. B. Staff • Community Development Director Ericson indicated that Staff would be presenting revised drawings for the billboards at the golf course at the next meeting as the drawings that were previously approved are not conducive to the game of golf and present some obstruction. Council Member Stigney asked where the legal process for the billboards was. Director Ericson explained that applications are to be resubmitted to MNDOT. Finance Director Hansen reported that he had attended a meeting at the City of Falcon Heights for business information and technology initiatives that came out of Ramsey County to promote cooperation in developing and preparing computer technology. He then said he is hopeful that this group can provide benefits to the City in terms of better technology and/or better prices. C. City Attorney The City Attorney was not present. Mounds View City Council January 12, 2004 Regular Meeting Page 20 • 12. Next Council Work Session: Next Council Meeting: Monday, February 2, 2003 Monday, January 26, 2003 • 13. ADJOURNMENT Mayor Linke adjourned the meeting at 10:13 p.m. Transcribed and recorded by: Joan Lenzmeier Timesaver Off Site Secretarial, Inc. •