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HomeMy WebLinkAboutMinutes - 2004/11/22• PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCI CITY OF MOUNDS VIEW .. RAMSEY COUNTY, MINNESOTA ~ ~'~ . ~:~ /~ ~12e ular Meetin g g November 22, 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: Quick, Marty, Stigney, and Gunn ABSENT: Mayor Linke • • 4. APPROVAL OF AGENDA Monday, November 22, 2004 City Council Agenda. MOTION/SECOND: Stigney/Gunn. To Approve the Monday, November 22, 2004 Agenda as presented. Ayes - 4 Nays - 0 Motion carried. 5. PUBLIC INPUT; William Werner, 2765 Sherwood Road, asked how the budget gets arrived at with these high city taxes. Acting Mayor Marty stated that the Council and Staff had been working on the budget for months, and they have been trying to find parts of the budget that they could eliminate or reduce. He stated that the next item on the agenda was actually city budget questions. Mr. Werner stated he would like to have a 5 percent ceiling on the increase in city taxes like the city of Fridley does. Nicole Humphrey, 5532 St. Michael St., stated that a group home has been put in across the street from her home, and that there have been parking difficulties, including cars parked up and down the street and on her lawn. She stated that the lighting is poor. She stated that she does daycare, and two of her parents have run into parked cars across the street. She stated she has spoke with Ellen Hill, the director of AXIS Corporation, and also the head of staff, and she has Mounds View City Council November 22, 2004 Regular Meeting Page 2 warned them that a tragedy could occur as a result of the parking problem. She stated that the bus that transports her special needs child has a hard time getting out of her driveway when there is a car parked across the street. She stated that a large school bus picks up the children from the group home, causing a traffic dam. Acting Mayor Marty stated that staff have looked into this. Associate Planner Prososki stated that at the time she inspected the property, there were no cars in the driveway, and there were four vehicles in the street. She stated she called Ellen Hill, who stated that she would have the evening shift employees park their cars in the driveway after the day employees leave. Ms. Prososki stated she would continue to monitor the property and try to observe the bus pickup or dropoff. Ms. Humphrey stated that another concern is that when the bus is idling in the street, the mailman does not drop off their mail. 6. CITY BUDGET QUESTIONS AND COMMENTS None. 7. SPECIAL ORDER OF BUSINESS A. Resolution 6395, A Resolution of Appreciation for Peg Meyer for her hard work and dedication while serving on the Cable Committee. Acting Mayor Marty read aloud the Resolution of Appreciation for Peg Meyer, and presented her with the Resolution. The Council thanked Ms. Meyer for her years of service on the Cable Committee. 8. JUST AND CORRECT CLAIMS. Councilmember Gunn pointed out the number of sump pump reimbursements, and stated that maybe it will have an effect on the $43,742.10 waste water bill that they have. Acting Mayor Marty asked if the bill for Kennedy and Graven on page 10 for $7,900 was for the Bridges possible redevelopment. City Attorney Riggs stated that it was, and there were some costs for title work. Acting Mayor Marty asked if the $1,100 for legal fees for the Charter Commission were the total for the year. City Attorney Riggs stated that this was for some of the items for the ordinances that have come before the Council, and he stated that not much had been done for the Charter Commission this year. Mounds View City Council November 22, 2004 Regular Meeting Page 3 • • Acting Mayor Marty asked if the $1,600 for the Community Center Project was for the banquet lease. City Attorney Riggs stated that the majority would be. Acting Mayor Marty asked if the amount on page 13, No. 114901, Redstone Construction Company for the Hidden Hollow project, was for street reconstruction. Public Works Director Lee stated that it was a payment to the contractor doing the work. Acting Mayor Marty asked whether this was the final bill, and Public Works Director Lee stated that there will be additional bills, but probably not quite this large. Acting Mayor Marty stated that on the last page it stated the total expense and total invoice had been paid for Bethlehem Baptist Church- under Kennedy and Graven, so that could probably be removed for future Council members. MOTION/SECOND: Gunn/Stigney. To approve Just and Correct Claims as presented. Ayes-4 Nays-0 Motion carried 9. CONSENT AGENDA Acting Mayor Marty stated he wanted to remove Item B. Councilmember Stigney stated he wanted to remove Item D. A. Licenses for Approval B. Resolution 6397, a Resolution Establishing City Contribution Levels for Employees Electing the Health Savings Account Option in the Employee Benefits Program. C. Resolution 6398 Approving a Contract Award for the 2004 Well Rehabilitation Project D. Set a Public Hearing for 7:05 pm, Monday, December 13, 2004, Resolution 6401 Adopting the 2005 Mounds View Fee Schedule. MOTION/SECOND: Stigney/Gunn. To Approve Items A and C of the Consent Agenda. Ayes ~ Nays - 0 Motion carried. B. Resolution 6397, a Resolution Establishing City Contribution Levels for Employees Electing the Health Savings Account Option in the Employee Benefits Program. • Mounds View City Council November 22, 2004 Regular Meeting Page 4 Acting Mayor Marty asked whether the amounts listed were per month, and Finance Director Hansen stated that they were. Acting Mayor Marty asked if the employees were becoming informed on this type of insurance option. Finance Director Hansen stated that they had had an open enrollment meeting with a representative of the insurance company. He stated that a number of employees had expressed interest, but nobody knew enough about it to commit to it, so the representative is scheduled to come back for a second meeting on November 30th. He stated the purpose of this resolution is to remove any doubt about what the city contribution would be. Councilmember Stigney asked whether the amount was for the term of the contract or whether it was permanent. Finance Director Hansen stated it was for the term of the contract. MOTION/SECOND: Marty/Quick. To waive the reading and approve Resolution 6397 as presented. Ayes -~ Nays - 0 Motion carried. C. Set a Public Hearing for 7:05 pm, Monday, December 13, 2004, Resolution 6401 Adopting the 2005 Mounds View Fee Schedule. Council Member Stigney noted that this item was going to be discussed at l OK, so he saw no problem with it. MOTION/SECOND. Stigney/Quick. To waive the reading and approve Resolution 6401 as presented. Ayes-4 Nays-0 Motion carried. 10. COUNCIL BUSINESS A. 7:05 PM Public Hearing to Consider the Second Reading and Adoption of Ordinance 739, Rezoning Portions of Lots 1 and 2, Block 1, Velmeir CVS Addition, Located at 2800 County Road 10 -Roll Call Vote Planning Associate Prososki stated this item rezones portions of the lots that were involved with the CVS development, and the first hearing on this item was held on May 24, 2004. She stated the reason for the long delay was that they were waiting for it to be recorded, which it is in the process of doing. She stated that Staff feels these are appropriate designations of the parcels, and it is consistent with the Comprehensive Plan. She stated that the Planning Commission reviewed this in May of 2004 and recommended approval. Mounds View City Council November 22, 2004 Regular Meeting Page 5 • Acting Mayor Marry asked if they approve this, it wouldn't be official until it's duly recorded. Planning Associate Prososki stated that that was correct, and she expected that the recording process would be finished soon. Acting Mayor Marty opened the public hearing. There being no public comment, the public hearing was closed. MOTION/SECOND. Gunn/Quick. To waive the reading and adopt Ordinance 739 as presented. ROLL CALL: Quick/Marty/Stigney/Gunn. Ayes-4 Nays-0 Motion carried. B. 7:10 PM Public Hearing to Consider a Conditional Use Permit Request for "The Station" at 2280 County Road I • 1~~ u Director Ericson stated that The Station, which is located at 2280 County Road I, is applying for a conditional use permit to allow them to expand the station from two to four pumps. He stated adding two additional pumps would constitute an expansion, which would not be allowed by virtue of the fact that this is a nonconforming use being that the property is zoned B2, a limited use business, and a gas station needs to have a B3 designation. He stated in addition that it doesn't meet the qualifications or criteria of a conditional use permit for a fuel station. Director Ericson handed out a packet of information that was submitted by the applicant, along with a petition signed by customers asking that the Council approve the Conditional Use Permit. He stated that City Code requires 15 parking stalls for a property of this size, and they don't have that, and they may lose one or two more stalls in the process of this expansion. Director Ericson stated that the Planning Commission had had a couple of meetings regarding this item, along with a public hearing, and they did not support an expansion at this time given the site constrictions and the fact they didn't meet the conditional use permit requirements, and they are recommending denial of this request. Acting Mayor Marty opened the public hearing. Tom Manke, one of the owners of The Station, stated they wanted to go from four fueling spots to six because of stacking problems during peak morning and evening times. He stated he had submitted a petition from 670 customers. He stated they would be losing one parking spot by this addition. Acting Mayor Marty asked where they would be putting the air hose. Mr. Manke stated they would mount it on the building over by the trash receptacle, and they would also relocate their telephone. Mr. Manke stated they would change the three parking stalls Mounds View City Council November 22, 2004 Regular Meeting Page 6 • • along County Road I to parallel rather than diagonal parking. Acting Mayor Marty closed the public hearing. Acting Mayor Marty stated that the City Attorney had indicated that adding a fuel pump island would constitute an expansion of a nonconforming use, which is prohibited, and the station does not satisfy the minimum conditional use permit requirements for a fuel station as far as lot size, parking setbacks, lot width, and zoning. He stated this would not fit within the Comprehensive Plan. Councilmember Stigney stated he had attended the Planning Commissioner meetings on this item, and that they had conducted a very thorough examination of all the criteria involved in this, and he stated that he supported the Planning Commission's recommendation to deny the conditional use permit. MOTION/SECOND. Stigney/Gunn. To approve Resolution 396, denying approval of the conditional use permit for The Station. Ayes-4 Nays-0 Motion carried. C. Second Reading and Adoption of Ordinance 753, an Ordinance Establishing a New Chapter 609 of the Mounds View Municipal Code Entitled "Cleanup of Clandestine Drug Labs Sites -- Roll Call Vote Director Ericson stated that this ordinance had been discussed at the meeting on November 8~`, and it would give the city additional tools to seek reimbursement for costs associated with the cleanup of an illegal drug lab if one were found in the community. MOTION/SECOND. Quick/Stigney. To waive the reading and adopt Ordinance 753, an Ordinance Establishing a New Chapter 609 of the Mounds View Municipal Code Entitled, "Cleanup of Clandestine Drug Lab Sites. Director Ericson stated that by voting on this, they would also be approving that a summary of the ordinance be published in the newspaper. ROLL CALL: Marty/Quick/Stigney/Gunn. Ayes-4 Nays-0 Motion carried. D. Consider a Site Plan Amendment to the CVS Pharmacy Site Plan Requested by The Velmeir Companies C7 Associate Planner Prososki stated that the applicant is requesting to revise the curb line between the CVS building and the Pak Building. She explained the request on a diagram for the Council. Jim LaValle, 7900 International Drive, Bloomington, stated that the request to change the curb Mounds View City Council November 22, 2004 Regular Meeting Page 7 line was to allow better site circulation and better access for fire and safety, and also provide less motor impact to the adjacent residential properties. • Rick Perrozi, 7791 Groveland Road, stated that if the curb was put in, it would cause a great hardship on them because of water and the grades. He stated that the water will not flow to the catch basin, and it would flow into his building. He stated that before he had closed on the property, he was told all along that the curb would not be put in, and he has documentation to prove that fact. He stated he wouldn't like to resort to litigation over this matter. There was a discussion regarding repaving the parking lot. Associate Plarmer Prososki stated that the Public Works Department had reviewed this, along with SEH and Rice Creek Watershed District, and that the grading of the property was fine the way it was. Councilmember Stigney asked what Ms. Prososki's recommendation was. Planning Associate Prososki stated it was her recommendation to approve the resolution before them to deny the amendment. Director Ericson stated that there could potentially be through traffic regardless of whether the Council denied the amendment because Velmeir could take the gate down on the other side of the building. He stated by opening up the curb that was originally required to be there, it probably wouldn't make any difference. A five minute recess was taken. MOTION/SECOND. Gunn/Stigney. To approve the Site Plan Amendment to the CVS Pharmacy Site Plan Requested by The Velmeir Companies Ayes-4 Nays-0 Motion carried. E. Resolution 6394 Amending the 2004 TIF District Funds and Community Fund Budgets. Finance Director Hansen stated that several times this year the City Council had approved contracts or expenditures that were not contemplated in the original 2004 Budget, and Resolution 6394 was a housekeeping measure to amend the Budget at this time. He stated the expenditures had been for the Street Light Program, the County Road H sidewalk, and business assistance to the Velmeir Corporation for the CVS Pharmacy. MOTION/SECOND: Quick/Gunn. To waive the reading and Approve Resolution 6394 Amending the 2004 TIF District Funds and Community Fund Budgets. • Mounds View City Council November 22, 2004 Regular Meeting Page 8 • Acting Mayor Marty stated that the Silver Lake Wood Condominium Association streets aren't yet city streets, so he was suggesting tabling this item until they are city streets. Councilmember Quick asked whether the lights were a separate issue from the streets. Public Works Director Lee stated that they could be. Acting Mayor Marty asked when the business assistance to Velmeir Company for the CVS Pharmacy would be paid back. Finance Director Hansen stated that he wouldn't be in a hurry to decertify more parcels because he wanted to see how things go in 2005 before he made any recommendations on further decertifications from TIF District No. 2. Director Ericson asked if Acting Mayor Marty was asking how long it would take to generate enough taxes to pay back this assistance, and Acting Mayor Marty stated that he was. Director Ericson stated he had not made that calculation, but it would be a few years before that would happen. Ayes -~ Nays - 0 Motion carried. • F. Approve Bid Solicitation for Community Center Carpet City Clerk Ulrich stated that there had been attempts to clean the carpets at the Community Center, and they do not come clean and need to be replaced. Acting Mayor Many asked if they would be receiving any assistance from the Canyon Grill for the carpet. City Clerk Ulrich stated that the Canyon Grill would be picking up their proportionate share of the maintenance responsibilities for the carpet. Councilmember Gunn explained how by using carpet squares, sections could be replaced if they became stained. MOTION/SECOND: Marty/Quick. To Approve soliciting bids for the Community Center carpet. Finance Director Hansen stated that they had been adding $20,000 a year to the replacement reserve for the Community Center fund to cover this cost. Ayes -4 Nays - 0 Motion carried. • Mounds View City Council November 22, 2004 Regular Meeting Page 9 G. Special Election Discussion (1) Discuss the option of Special Election versus appointment for filling of a vacant Council seat (City Charter vs. State Statute) City Attorney Riggs stated the City Charter does require a special election to fill a vacancy, so he believes the recommendation for an election is appropriate at this time. Acting Mayor Marty stated that they already had it set up for a special election, so he didn't think there needed to be any further discussion on this item. (2) Discuss the possibility of City Council to put a question on the Ballot for the Special Election. Deseree Crane stated that if they wanted to put a question on the special election, it needed to be submitted to the County Auditor no later than December l Oth° and it needed to be authorized by the City Attorney. Councilmember Quick stated that they were missing one member of the Council tonight, so he didn't feel they should put any questions on at this point. Councilmember Stigney stated he didn't think so either, especially if it boils down to one question. Councilmember Gunn stated that she agreed that there was not enough time to work on it. Councilmember Stigney stated that there was not enough turnout anyway. Councilmember Quick stated that it wouldn't be an accurate sampling. Jonathan Thomas, 8040 Groveland Road, stated that questions would actually have to be separate ballots. Acting Mayor Marty stated that they had a consensus to not have a special question on the ballot. H. Resolution 6392 Authorizing a Step Increase for Kristin Prososki, Planning Associate MOTION/SECOND: Quick/Stigney. To Approve Resolution 6392 Authorizing a Step Increase for Kristin Prososki, Planning Associate. Councilmember Stigney read the Resolution aloud. Councilmember Stigney stated he had watched Ms. Prososki at many Planning Commission meetings, and she is a very excellent and diligent employee. • Mounds View City Council November 22, 2004 Regular Meeting Page 10 LJ Director Ericson stated that he agreed. Acting Mayor Marty stated that she is a very efficient and effective employee. He stated that she could be counted on, and that actually all the planning staff could be counted on. Ayes -4 Nays - 0 Motion carried. I. Resolution 6399 Approving a Contract Award for Work Associated with the County Road 10 Redevelopment and Revitalization Project • Public Works Director Lee stated that on September 27~' the City Council authorized advertisement of a request for proposal for work associated with the County Road 10 Redevelopment and Revitalization Project, and that the City had received three proposals for this project. He stated the proposals had been reviewed by Ramsey County and his staff, and he provided the Council with a summary of the comments. He stated that Staff is recommending that the City Council award the contract to the engineering firm of Bonestroo, Rosene, Anderlik & Associates, and that Ramsey County concurred with this recommendation. Acting Mayor Marty stated that it was a very good staff report, as usual. MOTION/SECOND: GurinlStigney. To Approve Resolution 6399 as written. Public Works Director Lee introduced Joe Rheinn and Kevin Hoagland, who are members of the project team. Ayes -4 Nays - 0 Motion carried J. Consider purchase of Recreation Software • Public Works Director Lee introduced Jenette Steeves and Marta McIntyre from the YMCA, who would be the ones utilizing this program. He outlined the benefits of purchasing this software. Acting Mayor Marty stated that this had been talked about at the Community Center when they met with the YMCA, and that this is going to make it more efficient for staff to book and manage the fields. Councilmember Stigney asked whether they could reserve the fields on line with this product. Ms. Steeves stated they wouldn't actually book them on line because the fees are different for certain groups, but they could check the availability on line. Acting Mayor Many asked whether they needed a resolution for this item. City Clerk Ulrich stated that this item would be brought back to the Council for final action after the City Attorney had reviewed the contract. Mounds View City Council November 22, 2004 Regular Meeting Page 11 City Attorney Riggs stated there was a clause in the contract for arbitration in California, which is not something they would want to agree to, as well as there were no warranties in the agreement, so rt needed to be reworked before the Council approved rt. Mr. Thomas stated that the fees that go along with the credit cards need to be looked at to see whether they were captive. K. 2005 Mounds View Fee Schedule Discussion. Acting Mayor Marty asked whether the room rental fees for the Community Center had been verified as far as the fire marshal. Director Ericson stated they had been verified and were under the allowable limits. Acting Mayor Marty stated he had received calls from citizens saying that the nonresident fees in Mounds View weren't as great as other cities, so he was happy to see that they had changed it from $15 to $20 an hour. Acting Mayor Marty asked what happened to the meter testing and MIU-MXLJ costs on page 24. Finance Director Hansen stated that those two items had moved to pages 27 and 28 in order to group them in a more logical fashion. Councilmember Stigney asked whether they were charging enough for automobile sales of $150 per year. Ms. Crane stated that she could research that. There was a short discussion regarding the fee for public office, and it was decided that City Clerk Ulrich could research the costs of processing. 11. APPROVAL OF MINUTES A. November 8, 2004 City Council Meeting Councilmember Gunn made a correction at page 1, where she said Al Hall should be changed to Al Hull. Councilmember Stigney made a correction at page 7, lines 12 and 13, to say, "and so now the City doesn't have the same contract with the Canyon Grill that they would have had." MOTION/SECOND. Stigney/Many. To approve the November 8, 2004 City Council Meeting Minutes as amended. • Mounds View City Council November 22, 2004 Regular Meeting Page 12 Ayes-4 Nays-0 Motion carried. 12. REPORTS A. Reports of Mayor and Council. Councilmember Gunn stated that she and Acting Mayor Marty had attended a meeting today regarding the proposed school closings, and nothing had been determined yet, but there will be another meeting at 7:00 tomorrow night at the Mounds View High School cafeteria. She stated that on November 30th at 6:00 there would be another meeting regarding truth in taxation at the District Service Center. She stated there would be a regular School Board meeting at the Community Center at 7:00 p.m. on December 14th, and another meeting on December 16th at the Mounds View High School cafeteria at 7:00 p.m., to discuss the preferred school closing scenario. She stated on December 21St at 7:00 at the Mounds View High School auditorium the School Board plans to take action approving the school closing scenario. Acting Mayor Marty stated that the school districts in the state are being impacted by cuts to education by the state government, and they are operating at a deficit of $4.9 million for next year, and they are trying to bring it down to $3.1 million. He stated that not all the schools are full, so they are trying to consolidate schools. He stated the school district has leased out some other buildings that they are trying to negotiate out of the leases in order to use actual school buildings instead. Acting Mayor Marty stated that during the campaign he had noticed that many residents do not have the blue boxes at their mailboxes, and he would like to have the papers contacted to supply these boxes to the residents who don't have one. Councilmember Quick requested that staff contact Ms. Humphrey to inform her about the procedure for getting a street light put on her street. B. Staff City Clerk Ulrich stated that he had received a call about the airport runway extension, and that the east/west runway would be expanded from 4,000 to 5,000 lineal feet, and that Barb Haake indicated it was her opinion that it was consistent with the state statute and the agreement that had been reached after the lawsuit the city was involved with. 1. Hidden Hollow update (Ericson) -verbal Director Ericson handed the Council some written materials on Hidden Hollow, and he explained that they are hopeful that they will have a couple of more building permit applications come in on this development, and Procraft will be working through the winter on the model home. C. City Attorney ~_J Mounds View City Council November 22, 2004 Regular Meeting Page 13 ~~ • • None. 13. Nezt Council Work Session: Monday, January 3, 2004 Nezt Council Meeting: (Special) Monday, December 6, 2004, 6:00 p.m.) 14. ADJOURNMENT Mayor Linke adjourned the meeting at 9:52 p.m. Transcribed and recorded by: Sheree Theobald Timesaver Off Site Secretarial, Inc.