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HomeMy WebLinkAboutMinutes - 2005/03/14• ~ r PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL _ ~ • CITY OF MOUNDS VIEW ~ ~ ~ L RAMSEY COUNTY,IVIINNESOTA V Regular Meeting March 14, 2005 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 7:05 P.M. 1. MEETING IS CALLED TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Marty, Stigney, Gunn, Flaherty, and Thomas 4. APPROVAL OF AGENDA Monday, March 14, 2005 City Council Agenda. MOTION/SECOND: Flaherty/Gunn. To Approve the Monday March 14, 2005 agenda as • presented. Ayes -5 Nays - 0 Motion carried. 5. PUBLIC INPUT Tom Winiecki, 2700 block of Sherwood Road. He asked whether he will be assessed the same amount of money for the street improvement project in three or four years when his street is done as the citizens whose streets were redone this past year. Public Works Director Lee stated that they can't guarantee the same project value in the future as the 2004 project, but it would be based on the same methodology, which is that 25 percent of the total project cost would be divided equally among the total single family properties. 6. SPECIAL ORDER OF BUISNESS A. YMCA Quarterly Report (oral report with handouts) Pat Riemersma, from the YMCA stated that the total revenue for Parks and Recreation was $101,830, total expenses were $70,463, management fee was $8,807, and so the City received a check for $22,560. She explained the Income Statement for Management of the Facility for 2004 and the other handouts she provided to the Council. She explained the need for the new • cash register they are going to buy. Mounds View City Council March 14, 2005 Regular Meeting Page 2 7. JUST AND CORRECT CLAIMS.. Council Member Thomas asked about Check 115600, final payment for County Road H sidewalk. She asked if the county had reimbursed them. Public Works Director Lee stated that they would be invoicing the County for about $150,000 for that soon. Council Member Thomas asked what the $646 was for on page 10 to Anderson. Finance Director Hansen stated it was part of the water service program, and it was for locating leaks and doing repairs on that. Council Member Flaherty asked what the $493 for advertising was for on page 2 of the second report. Finance Director Hansen stated it was advertising for the golf course. Council Member Flaherty asked if the $12,244 on page 4 was the last payment for the redevelopment for BRAA Construction. • Finance Director Hansen stated it was the latest invoices received from BRAA Construction, and that this is just the start of the invoices that they would be receiving from them. • Council Member Flaherty asked if this would be a monthly bill. Public Works Director Lee stated that this is for the Highway 10 corridor improvement. He indicated they would be providing monthly updates on where they are at with the project. Council Member Gunn asked about page 11, the first item, 1156700, traffic control. Public Works Director Lee stated that this was approved on January 10 with Resolution 6430, and it was contracting with the County to upgrade the signal system, and it would be paid off in three years. Council Member Stigney asked what vehicle was damaged for the $371.76 for vehicle repair on page 6. Public Works Director Lee stated it was fora 2000 three-quarter ton pickup that was backed into in the shop and had a damaged bumper and grill. He stated the repairs had been done in-house, and it would have cost five times that much had it been sent out somewhere else. MOTION/SECOND. To approve the Just and Correct Claims as Presented. Ayes-5 Nays-0 Motion carried. • Mounds View City Council March 14, 2005 Regular Meeting Page 3 . 8. CONSENT AGENDA Council Member Flaherty asked to remove Item A. A. Resolution 6421 Approving the Purchase of a Replacement Water Tanker Truck B. Schedule a Public Hearing for 7:05 pm for Monday, March 28, 2005 to consider the Second Reading and Adoption of Ordinance 758, an Ordinance Limiting Garbage Pickup Thursdays Only. C. Schedule a Public Hearing for 7:10 pm on Monday, March 28, 2005 to consider Resolution 6475, a Resolution Pertaining to a Proposed Interim Use Permit (IUP) for a Temporary Outdoor Membrane Structure at the Mermaid. D. Schedule a Public Hearing for 7:15 pm on Monday, March 28, 2005 to Consider a Request for a Conditional Use Permit for an Oversized Garage at 5343 Clifton Drive. E. Resolution 6476 Approving a Certificate of Correction for the Velmeir CVS Final Plat F. Licenses for Approval MOTION/SECOND. Thomas/Gunn. To approve Items B, C, D, E, and F of the Consent Agenda as presented. • Ayes-5 Nays-0 Motion carried. A. Resolution 6421 Approving the Purchase of a Replacement Water Tanker Truck. Council Member Flaherty said he noticed Item 7 talked about a 20 year warranty on a stainless steel drum and he wondered if they wouldn't be asking for another truck in 20 years. Finance Director Lee stated that their replacement program is actually 25 years. MOTION/SECOND. Gunn/Flaherty. To approve Resolution 6421 Approving the Purchase of a Replacement Water Tanker Truck and to waive the reading. Ayes-5 Nays-0 Motion carried. 9. COUNCIL BUSINESS. A. 7:20 Public Hearing for the 2005 Street Improvement Project, Resolution 6474 Approving the Feasibility Report • Public Works Director Lee pointed out the location on the map of the section of streets slated for Mounds View City Council March 14, 2005 Regular Meeting Page 4 improvement in the 2005 Street Improvement Project that are south of County Road I • and east of Silver Lake Road. He stated the reason for doing this section is economy due to its proximity to the location of the streets that were done in 2004 and storm water utility considerations. He advised that the map was set up based on 1 '/2 miles of streets per year, which correlates to $1.5 million per year. He stated this is a complete street upgrade, and the streets would be completely removed and new subgrade added. There would be concrete curb and gutter and a new bituminous. There would be utility repairs, sanitary sewer repairs, and storm sewer added, along with storm water infiltration basins. He stated that as part of this plan, they would like to add a sidewalk on Knollwood and Woodcrest. He stated that $950,000 of the cost would be paid out of city funds, and they would be selling bonds for that, and there would be $350,000 of assessments allocated between 101 single family properties. The single family residential home assessment would be a little under $3,000, payable over 10 years with an interest rate of 5 percent, although this could be paid off early to avoid interest charges. Public Works Director Lee stated that should the Council proceed with this project, the next thing that would occur is a 60-day appeal period established by the City's Charter, and if there is a Petition filed with the City Council with more than 50 percent of the people in that area, this project cannot go forward. However, if the project does go forward, Staff would be coming back to the City Council on May 9~` to order the project, and July 11~' would be the assessment hearing, and awarding the contracts for construction would begin August 1St Public Works Director Lee reported that a survey had been sent out regarding the sidewalks on Knollwood and Woodcrest, and they had received 26 responses back, all opposed to the • sidewalks. Mayor Marty opened the public hearing. Valerie Amundsen, 3048 Woodale Drive, stated that since she had sent her survey in, she had decided she was opposed to the project because there is a property across the street from hers that has not been developed yet. She informed the Council that over the last three or four years the City has been dumping fill from projects on the property, and there has been substantial damage that has occurred to their street as a result of that. She doesn't believe this project should move forward until the dumping has ceased and the property has been developed. Mayor Marty stated it was his understanding that the fill had stopped last year. Public Works Director Lee advised that their grade permit had expired, so they would have to come back to the City to get another grading permit. Ms. Amundsen stated that the property could not be developed as it is now, and there would need to be major work to make that property buildable. She stated she didn't want to waste her $3,000 until that was done. Jim Wilson, 7025 Pleasant View Drive, stated that it was his opinion that the streets didn't need • to be completely redone because they weren't in that bad of shape. He stated he works for Mounds View City Council March 14, 2005 Regular Meeting Page 5 • MnDOT in construction, and he believed that an inch and a half overlay would be sufficient for the amount of traffic that goes down those streets. He also wasn't sure that curb and gutter was needed because there weren't any water problems. He stated he would like to read the feasibility study so he could get a better idea of what is needed. Mayor Marty indicated that the feasibility study is a matter of public record. Public Works Director Lee informed that a condensed version of the feasibility study was mailed to every property owner. Mr. Wilson said an overlay would save the city and the taxpayers a lot of money. Public Works Director Lee noted that soil borings had been done, and the subgrade underneath the road is in very poor condition. Mr. Wilson remarked that there is no reason to drive down his street unless you live there. Mayor Marty indicated that they were trying to fix the roads and construct them so they will last 50 years. Public Works Director Lee stated that the garbage trucks are extremely heavy, and those are the vehicles that really damage the street, especially on the edges of the streets. Jerry Blanski, 2933 Woodale Drive, remarked he went through the feasibility study with afine- tooth comb, and he couldn't find anything wrong with it and it was a very good report. He stated for $3,000 it was a good deal, and he thanked the people who put the report together. Brian Amundsen, 3048 Woodale Drive, stated he is opposed to the concrete curb and also opposed to the project. He is also opposed to the holding ponds that are being built in the city. He reported that Minneapolis had done this years ago, and they had issues with drowning deaths of young children. He said that holding ponds damage and disrupt natural wetland that exist today and seem counter to allowing nature to take care of itself. He reiterated the concerns regarding the property across the street as listed above by his wife. He stated he has prepared a petition that he has started circulating already so they can all see what the neighborhood really wants to do. He stated that there are issues that still need to be addressed that don't have answers yet. Mayor Marty asked what those issues were. Public Works Director Lee stated the sidewalks continue to be an issue, there is an issue with the Silver Lakes Condominiums, and there is an issue with how Springview Lane terminates. Mayor Marty stated he had received phone calls from citizens that had been totally against the project last year, but that most everyone has been very happy with the outcome. • Mr. Amundsen said he was glad that neighborhood was happy, but that didn't have anything to Mounds View City Council March 14, 2005 Regular Meeting Page 6 do with this neighborhood. He stated he would be going house to house with his petition, but if • anyone wished to call him, his phone number is (763)786-5699. Mayor Many stated they are trying to be proactive by fixing the sewers while they are putting in the streets so they don't have a problem later and have to rip the streets up. Dick Comden, 2832 Woodcrest Drive, stated he wasn't sure if this was the forum for his concern, but in reading the report he discovered he has a nonconforming driveway. He said his he has a circular driveway because a member of his family is in a wheelchair. He stated as far as he is concerned he doesn't want to do the project if they are going to cut off his driveway, but other than that, it's a good deal. Public Works Director Lee stated they thought it had been important to identify nonconforming properties, and as part of this project they would provide a concrete driveway apron. Mr. Wilson stated that by building the holding pond they would be ripping up the woods and displacing the wildlife that they all enjoyed, and they had already been displaced from the County Road H2 project. Mike Marrone, 5045 Brighton Lane, stated he thought that someone from Rice Creek Watershed District should be present at some of these meetings to address the reasoning behind the ponding issues. He stated when you propose ponds, you are looking for a place for a kid to drown. He stated that the citizens should be able to dictate what happens to their property. • Mayor Marty stated they aze well aware of the disadvantages of working with Rice Creek Watershed District, but they hold power over them as far as what they can and cannot do. Charles Asparl, 2948 Springview Lane, asked for an explanation of the ponding south of his area. Public Works Director Lee stated that the feasibility report is in draft form at the present time and there are three options, and there is a meeting tomorrow with the property owners. Mr. Asparl asked what size pond was being considered. Public Works Director Lee stated that it was a rain garden, not a pond. He stated in larger rain events it would fill with water, but it would infiltrate into the ground over a day or two. Mr. Asparl stated that they had looked at the idea of working with the city in the future to actually build a pond there in the future, but they hadn't gotten that far. He stated he would be very interested in having a pond put near this area, and he would be more than willing to give access through his yard and would encourage that. Someone in the audience stated that as his neighbor, he would be opposed to that. There was a short discussion about the rain garden concept. • Mounds View City Council March 14, 2005 Regular Meeting Page 7 • Keith Ihnen, 2940 Woodale Drive, stated he had paid top dollar for his property and had spent a substantial amount of money on an addition and remodeling. He stated that his issue is not with the City of Mounds View, but it is with the Rice Creek Watershed District. He stated that the proposed ponding area would wipe out his back yard, and it would become a huge liability issue regarding drawing the youth in the neighborhood. He stated that the water isn't really running in the first place, so he has no idea where Rice Creek Watershed is coming from with this need for a pond. He stated there is going to be a lot of future debate from he and the rest of the neighbors on the amount of trees that are going to need to be removed for this pond. He stated they don't want to lose the wildlife that they bought their property to enjoy. He stated that it's time to take a stand against the Rice Creek Watershed District. William Werner, 2765 Sherwood Road, stated he had worked at the Charter Commission before, and he stated that they are talking about the big picture policies of the Rice Creek Watershed District, and he invited others to consider joining the Charter Commission. Council Member Gunn stated that perhaps they should invite their resident Rice Creek Watershed Commissioner to attend one of these meetings. Jerry Blanski, 2933 Woodale Drive, stated he thought they were to be talking about the feasibility report on the Street Improvement Project tonight, but it seems like they have shifted to the report on the regional pond, and he did not come prepared to speak to that. • Public Works Director Lee stated they are linked to some degree, but at this point in time they are two separate projects. David Rudnik, 7191 Knollwood, stated the parking situation at the church is extremely hazardous, and he went into details of that. He brought up the issue of phosphorous and whether anyone had tested the water coming through the pipes through that drainage area to figure out where phosphorous containment is required. He stated if the wetland isn't cleaning the water sufficiently, as good neighbors they need to look at working with Rice Creek. He asked how the pond would be paid for. Public Works Director Lee stated that it was being paid for out of the City Storm Water Utility Fund. Mr. Rudnik asked how they could make a decision in the next 60 days when they didn't know what the cost of the pond was going to be. Public Works Director Lee stated that they are two separate projects. Mr. Rudnik pointed out that they couldn't do one without the other. Public Works Director Lee stated that they could if they worked with the Watershed District and • said that the bond isn't feasible and it's too exorbitant and the property owners aren't agreeable. Mounds View City Council March 14, 2005 Regular Meeting Page 8 Mr. Rudnik stated he is in support of the street project, and the streets need to be redone, but the • biggest issue is finding a solution for the ponding that doesn't destroy everything. Mr. Amundsen stated he didn't understand why this section of town was being done right now when there were other sections in the city where the streets were in worse condition than his neighborhood. Kimberly Christ, 2824 Woodale Drive, stated that it was time to stand up against the Rice Creek Watershed District. She also stated that she is definitely opposed to the sidewalks. She stated she agreed with the comments made about the dangerous parking situation at the church. Mayor Marty closed the public hearing. Council Member Stigney asked whether there were areas of the city that had streets in worse condition than this azea. Public Works Director Lee stated that some of the areas slated for 2006 were in worse condition than this area that was slated for 2005. Council Member Stigney asked if the main factor was the contractor's proximity to the 2004 project, regardless of whether they were bidding for the 2005 project or not. Public Works Director Lee stated that another factor was that the Ci Council had wanted to • look at doing a larger project in 2004, and at that time they were using the 1999 pavement condition indexes, and since that time those have been updated. Council Member Stigney stated it would have been preferable to have asked on the feedback form whether they were in favor of concrete curb or bituminous, but his personal opinion was that if it was only a $186 difference, he would definitely favor concrete. He asked why the county didn't put concrete on Silver Lake Road. Public Works Director Lee stated that they hadn't because it's not permanent, and they are planning to do something else with Silver Lake Road in the near future so that's why they used bituminous. Council Member Thomas stated she felt the question regarding concrete curb and gutter versus bituminous was important to be asked of the citizens in each separate project. Mayor Marty stated from here on out, they better put that question back in at the neighborhood meetings every year. Council Member Flaherty stated that what he is hearing is that the curb and gutter are virtually secondary, and that he is hearing that they don't want them touching their streets this year. He • stated they need to take a look at the future on what they are doing. Mounds View City Council March 14, 2005 Regular Meeting Page 9 • Council Member Gunn stated she felt there should be concrete curbs and gutter to make the roads last as long as they possibly can. Mayor Marty stated he didn't see the need for sidewalks in this section of town. He asked how the trailway along Silver Lake Road was coming along. Public Works Director Lee stated that it is scheduled for construction in 2005, and the draft report would be ready in mid April. Mayor Marty stated they need to look at the parking by the church. He stated that tonight they would not be approving the project per se, but they would just be going forward with the feasibility study. He stated that the public would have a lot more opportunity to give input on what they would and wouldn't like. Council Member Gunn asked what the percentage was for and against this area. Public Works Director Lee stated that it was 58 percent in favor and 42 percent generally opposed. He said that last year's project was 82 percent in favor, and 12 percent opposed. Council Member Gunn asked what it would entail to choose another area for this year. • Public Works Director Lee stated it would cost probably just a couple of thousand dollars, and all the information that was collected as part of the report would basically remain as is. Council Member Gunn stated that she was sure there would be enough signatures on the petition to stop the project, and they could hold off on this area for a couple more years, and there were other areas in the city that were in much more dire need of replacement than this area. Council Member Thomas stated she wasn't against curb and gutter, but there were places it was useful and places were it wasn't. She stated that the curb would last 50 years, but the road would still have to be replaced in 25 to 30 years. She said that the roads in the sections in blue and red on the map were in worse condition than the area on Woodcrest. Council Member Flaherty stated that the Council wants to do what is best for the community, and he hopes that people aren't of the opinion that they don't. Mayor Marty asked if there would be time to do a street project this year if they decided to choose another area. Public Works Director Lee stated that even if everything had gone smoothly for this area, the timing would have been tight, so if another area is chosen, the earliest they could start is next year. He stated that they could perhaps do three miles of replacement next year, and, in fact, it's more efficient to have a larger project. He stated that the red area and the green area could be the • 2006 project. Mounds View City Council March 14, 2005 Regular Meeting Page 10 Mayor Marty stated that if the petition comes in, then this project would be dead, but they should start working on the 2006 project. Council Member Thomas questioned whether the Laport Meadows section should be put into the 2006 project because there is undeveloped land. She stated she thought they should tackle the places that were already fully developed first. Mayor Marty stated that at the EDA meeting it had been brought up that there were some developers interested in developing that land there, and why would they want to put in new streets and then have heavy equipment running over it. Public Works Director Lee stated that they would not allow any hauling on the road for development in the area. Council Member Thomas stated that if they approve the feasibility report, it doesn't mean they are approving the project; it only means they can use the report in three years. Public Works Director Lee stated that approving the report does not make the project official. MOTION/SECOND. Gunn/Flaherty. To approve Resolution 6474 Approving the Feasibility Report. Mayor Marry reminded everyone that this is a work in progress, and he invited everyone to attend future meetings. Ayes-5 Nays-0 Motion carried. B. Resolution 6436 Approving the 2005 Public Works Seasonal Employee Positions Public Works Director Lee stated that they had been underbudgeting for seasonals for the last several years by about $15,000, so they need to do one of two things. Either they need to cut the services and not hire as many seasonals, or they need to adjust the budget to keep the same level of service. He felt that they get a lot of value out of their seasonals and their numbers in the Public Works Department is fairly low in comparison to other cities on a per capita basis. Council Member Thomas asked for an explanation of why this wasn't in the budget and hadn't been caught the years before. Public Works Director Lee stated he would take responsibility for that, and he hadn't checked the personnel part of it. Council Member Thomas stated she hadn't made up her mind yet, but she was having a difficult time planning to go over budget when it's only March. • • Mounds View City Council March 14, 2005 Regular Meeting Page 11 • Mayor Marty asked whether Public Works had gone over budget in the last couple of budgets. Finance Director Hansen stated individual components may have been over, but Public Works as a total entity had not been over. Council Member Flaherty stated he didn't like going over budgets, but if there was somewhere else to shift the money from, he wouldn't have a problem with approving it. Public Works Director Lee stated that he would come back with a detailed proposal of where the money could come from. Council Member Thomas and Mayor Marty stated they would also feel comfortable with that. Council Member Stigney stated perhaps this was an opportune time to work with a reduced staff of seven people. He raised an issue of seeing employees standing and driving around aimlessly in the past. Council Member Thomas stated she would like to adopt the Resolution with Option 1 with seven positions, and have two weeks of discussion on what to do regarding hiring three others. MOTION/SECOND. Thomas/Gunn. To Approve Resolution 6436 with Option 1 with seven positions, Approving the 2005 Public Works Seasonal Employee Positions. • Ayes-5 Nays-0 Motion carried. C. 7:25 Public Hearing to Consider a Variance Request for a Reduced Number of Covered Parking Spaces at Greenfield Estates Located at 7635 Greenfield Avenue Director Ericson informed the Council that Greenfield Estates would like to build 100 garages, and by Code they are required to have 125 since they have 125 units. He stated they only rent 50 percent of their current 125 garages out now. The Planning Commission voted 3-3 on this issue, so the motion failed, and the applicant has appealed that decision. He stated that he has not received any comment from the property owners in the area regarding this issue, but that Staff supports this plan and the renovation of the site. However, the Planning Commission recommends that this not be approved because they fail to find a hardship and there is adequate space to construct 125 stalls. Mayor Marty opened the public hearing at 10:13 p.m. Alan Menning, who offices at 321 University Avenue SE, Minneapolis, stated he has managed Greenfield Estates for 20 some years. He explained the problems they've had with the garages being placed where they are, and with people starting fires, vandalism, climbing fences, dumping garbage, etc. He also explained that the new garages will have garage door openers so that people won't have to get out of their cars anymore to open and close the garage doors. He stated • they would exceed the Code for outdoor parking by having 325 spaces. He explained how if they Mounds View City Council March 14, 2005 Regular Meeting Page 12 were to rent garages out for storage space to outside parties, they end up spending in excess of • $1,300 for court costs and dumping charges to get rid of it when the parties don't pay, so it doesn't make economic sense. He stated that most young people today who rent apartments don't want to rent a garage, and they want to park in the parking lot close to the apartment doors. He added that as part of this improvement they will be regarding and resurfacing the parking lot. Director Ericson suggested perhaps a compromise would be to approve the Resolution with the addition that if all 100 garages were to become rented out, that would trigger a requirement to build 25 more. Council Member Flaherty stated a concern regarding this being a common garage because of storage of paint thinners and other hazardous waste products. He stated he agreed with the concept of building less garages because of the low percentage of rental of the existing garages. Council Member Gunn stated she would like to approve this variance, and she would like to request that staff come back with a resolution. Council Member Stigney stated he could not see a hardship, and the City Council is bound by following the same Code that the Planning Commission is bound by. Mayor Marty stated that possibly a code change is warranted, but he couldn't vote against a city ordinance without a hardship being demonstrated. Council Member Flahe stated he would like to o ahead and ant the variance with the sti u- • rty g 1~' p lation that Director Ericson had mentioned previously regarding the extra 25 garages. Council Member Thomas asked when the applicant had to have this finalized by. Mr. Menning that if there were all approvals, they would be looking at July or August. Council Member Flaherty asked if he was in favor of putting a clause in regarding perhaps an 85 percent occupancy that would trigger building more garages. Mr. Menning stated he would love to have 78, because that is what he honestly felt he could do. He stated the worst case scenario would be to come back and say he would build 125. He stated that he has been doing this for 30 years, and he knows how many he can rent. Council Member Flaherty stated he would like to grant the variance with the stipulation Director Ericson had suggested, and then send the code back to the Planning Commission to review for possible amendment. He stated that common sense dictates that they allow him to move forward with his project with that stipulation. Council Member Gunn stated they could also have staff come up with a new resolution, or they could table the request right now and have the Planning Commission make the modifications to • the Code that need to be done. Mounds View City Council March 14, 2005 Regular Meeting Page 13 • Mayor Marty stated that that could take a month or more. Director Ericson stated that it could take many months, and there would be a public hearing. He stated that they are recognizing that there may be a problem with the Code, and he thought asking the Planning Commission to review them and make an amendment is the right approach. He stated that this would resolve some safety issues and resolve the deficiency in surface parking. He stated from a strict interpretation of the Code, the hardship isn't there. He stated that by directing the Planning Commission to look at those requirements makes the statement that the Code needs to be changed. Mayor Marty stated if a hardship existed, he wouldn't have a problem granting the variance, but if they granted a variance in this situation, they would be setting a precedent that anyone else in the city could come back and demand the same or take legal action against the City, so they would be basically rewriting the whole thing right here if they grant the variance by going against the Code. Director Ericson suggested that they had approved variances for this in the past, and every variance the City approves has to stand on its own merit. He stated this is a unique situation. He said that there are a number ofmulti-family properties that have no garages whatsoever. He stated that the applicant wants to make some improvements to the property, but it doesn't fit within the strict interpretation of the Code, but this would not put the Council in the position of having to make a similar ruling the next time this came up. • Mayor Marty stated that the Planning Commission had determined that no hardship exists. He stated if a hardship existed, he wouldn't have a problem with granting a variance. Council Member Thomas stated that perhaps if this were atwo-phase project, with 100 garages in phase one, and 25 garages in phase two, they wouldn't be talking about the same variance/hardship issue. She stated that people who manage these properties are holding onto every renter they can, so if he doesn't have garages filled, he doesn't have them filled. She stated that this is the issue. She reiterated that if they could talk about this as a two-phase construction project and have the plans for the 25 additional stalls, that is the way they could present it. She stated that that does not actually require a variance; just a delayed construction issue. Council Member Stigney stated that those suggestions are nice for the Planning Commission to look at. He stated that right now this is a legal Code they have to follow. He stated what is being asked for is an overruling of the Planning Commission's decision that no hardship was created, and now they are saying a hardship is created. Mr. Menning stated the hardship is that he can't rent 125 garages. Director Ericson suggested upholding the Planning Commission's denial of the variance request, and that the applicant could then come back with a plan in the future to build 100 garages, and • if those all became rented out, to build another 25, and that plan could be brought forward to the Mounds View City Council March 14, 2005 Regular Meeting Page 14 Planning Commission. • Council Member Thomas stated that in the meantime they could take a look at the Code as it relates to covered parking. Mayor Marty closed the public hearing. MOTION/SECOND. Stigney/Marty. To waive the reading and to approve Resolution 6475, Arming the Planning Commissions's Denial of a Variance Request to Allow for a Reduced Number of Covered Parking Spaces at Greenfield Estates Located at 2370 County Road I and 7521-7661 Greenfield Avenue; Mounds View Planning Case VR2005-002. Ayes-5 Nays-0 Motion carried. D. Resolution 6472 Appointing a Planning Commission Member and approving the Planning Commission Chairperson Mike Marrone, 5045 Brighton Lane, stated that he did not have any agenda for wanting to be on the Planning Commission and simply wanted to become involved in the community. He stated he had been a homeowner in Mounds View for 15 years and raised four children here. He stated he had run for City Council, but he felt that being on the Planning Commission would help to prepare him for a position such as that in the years to come. Al Hull told the Council he had run for Mayor and for City Council in the last election, and bein • g on the Planning Commission would provide a good vehicle for him to learn what's going on in the city. He stated he had been involved in some issues involving the service station he works at, but he would abstain from any future votes regarding that station, and that he had no particular agenda. Council Member Flaherty stated he appreciated both gentlemen applying and wanting to serve their community. MOTION/SECOND. Marty/Gunn. To appoint Al Hull to the Planning Commission. Council Member Stigney suggested flipping a coin or discussing why one candidate would be better over the other. Mayor Marty stated that it was close, but he made the motion for Mr. Hull because of the amount of time and effort he had put into the last two elections. Council Member Gunn added that she had seconded the motion because the deciding factor was that Mr. Hull works in the city, which she felt added an insight that the Planning Commission is lacking in. Council Member Stigney made the comment that the election process has nothing to do with • Mounds View City Council March 14, 2005 Regular Meeting Page 15 • serving on the Planning Commission. He stated that Mr. Maroney has lived in the community for 15 years, whereas Mr. Hull has only just moved into the city, so he would lean more towards Mr. Marrone for his experience. Council Member Thomas pointed out that there are openings on the Charter Commission. Ayes-4 Nays-1 (Stigney) Motion carried. Mayor Marty stated that the Chair of the Planning Commission as selected by the Planning Commission will be Gary Stevenson. E. Resolution 6473 Approving Step/Longevity Increases for Deputy Chief Tom Kinney, Officer Ben Zender, Officer Kasey Keckeisen, Officer Steve Geringer, and Jodi Salmonson. MOTION/SECOND. Flaherty/Gunn. To approve Resolution 6473, Approving Step/Longevity Increases for Deputy Chief Tom Kinney, Officer Ben Zender, Officer Kasey Keckeisen, Officer Steve Geringer, and Jodi Salmonson. Council Member Stigney read the Resolution aloud. Council Member Thomas noted that the "a" in the Resolution title should be deleted. • Ayes-5 Nays-0 Motion carried. F. First Reading and Introduction of Ordinance 758, an Ordinance Limiting Garbage Pickup to Thursdays Only. MOTION/SECOND. Gumi/Flaherty. To waive the reading and approve the first reading of Ordinance 758, an Ordinance Limiting Garbage Pickup to Thursdays Only. Council Member Stigney noted that the only thing being removed is Wednesday pickup, yet there was a lot of money spent putting the whole ordinance in the newspaper. Ayes-5 Nays-0 Motion carried. G. Resolution 6478 Converting one Patrol Officer Position to a Sergeant Position. Chief Sommer stated this resolution involves converting one patrol officer position to a sergeant position, and the promotion would be effective May 1St and would be funded by reducing the amount of funding given to the New Brighton Police Department to help fund a school resource officer over several years by the amount necessary to fund the sergeant position. There was a discussion regarding funding the school resource officer, and it was decided that it wouldn't reduce the funding that much this year, and it could be worked into the budget in more detail in later years. Mounds View City Council March 14, 2005 Regular Meeting Page 16 MOTION/SECOND. Thomas/Flaherry. To waive the reading and adopt Resolution 647$ Converting one Patrol Officer Position to a Sergeant Position. Ayes-5 Nays-0 Motion carried. H. Resolution 6477 Approving Transfers Between Funds for the Year 2004. Finance Director Hansen stated the proposal before the Council was necessary to close out the year for 2004. He stated that many of the transfers are for the amounts that were budgeted for, but there are some differences. He noted that a transfer to a debt service fund would be paid from T.I.F. District #3 instead of T.I.F. District #1 as was budgeted due to T.I.F. District #1 being in a deficit position. He stated the General Fund would show a surplus of between $50,000 and $100,000. Council Member Stigney asked for an explanation of the paragraph regarding the general fund reduction. Finance Director Hansen remarked that the surplus of $50,000-$100,000 is an adequate fund balance for year end, and it's in the City's better interest to leave some money in the other funds. He stated that the golf course was not the only fund that benefited from a reduction; the vehicle and special projects fund also had reductions in their proposed transfers. Council Member Stigney asked whether the whole purpose was so they didn't exceed the 50 percent threshold. Finance Director Hansen stated they were trying to avoid getting back into the situation of having more money in the general fund than they really need. Council Member Stigney stated he had a problem with the $15,000 remaining in the golf course fund. MOTION/SECOND. Marry/Gunn. To waive the reading and adopt Resolution 6477 Approving Transfers Between Funds for the Year 2004. Ayes-4 Nays-1 (Stigney) Motion carried. 10. APPROVAL OF NIINUTES A. February 28, 2005 City Council Minutes. Council Member Gunn made a correction to page 1, line 33, "Barb Haake". C7 • Council Member Gunn made a correction to page 7, line 40, "Dazenski". • Mounds View City Council March 14, 2005 Regular Meeting Page 17 • Council Member Gunn made a correction to page 9, line 31, "software". Council Member Gunn made a correction to page 2, lines 5 and 9, "Siercks." Council Member Stigney made a correction to page 11, line 41, to change the word appropriate to "allocate". Mayor Marty made a correction to page 1, line 40, to read, "informed decision until all the numbers are in." Mayor Marry made a correction to page 2, line 32, to change "JS" to "GIS". MOTION/SECOND. Gunn/Thomas. To approve the February 28, 2005 City Council Minutes as amended. Ayes-5 Nays-0 Motion carried. 11. REPORTS A. Reports of Mayor and Council Council Member Stigney stated that he had filled in for the Mayor at the last legislative session, • and there had been a discussion about MnDOT requesting money for land that was going to be deeded back to the City, and that there are figures they are trying to work on, but no vote was taken. He stated they will be talking more about it tomorrow. B. Staff 1. Designate Council Representative to County Road 10 Corridor Design Theme Subcommittee Director Ericson stated a City Council member representative is needed to attend meetings for the County Road 10 corridor improvement program, the first of which is March 14th at 6:00. Council Member Thomas said she would check her calendar and let him know if she could attend the meeting. City Administrator Ulrich informed the Council that the public hearing before the EDA regarding the proposal for redevelopment of the golf course is scheduled for March 28th. He asked whether they would be willing to set a special meeting on April 4th to address the Medtronic golf course redevelopment proposal. Director Ericson suggested that it be a joint meeting of the agreement with Medtronic, EDA, and City Council. • Mounds View City Council March 14, 2005 Regular Meeting Page 18 Mayor Marty stated they should post it for three meetings (EDA, City Council, and a Work Session) at 6:30 p.m. C. Reports of City Attorney 12. Nezt Council Work Sessioa: Nezt Council Meeting: 13. ADJOURNMENT The meeting adjourned at 11:50 p.m. Transcribed and recorded by: Sheree Theobald Timesaver Off Site Secretarial, Inc. Monday, Apri14, 2005 at 7pm Monday, March 28 2005 at 7pm • r~ ~~ •