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HomeMy WebLinkAboutMinutes - 2009/02/09• PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL CITY OF MOUNDS VIEW 0~~~ RAMSEY COUNTY, MINNESOTA ~~ Regular Meeting February 9, 2009 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: Stigney, Hull, Mueller, Gunn. NOT PRESENT: Flaherty. 4. APPROVAL OF AGENDA A. Monday, February 9, 2009 City Council Agenda. MOTION/SECOND: Mueller/Hull. To Approve the Revised Monday, February 9, 2009 agenda. Ayes - 4 Nays - 0 Motion carried. 5. PUBLIC INPUT None. 6. SPECIAL ORDER OF BUSINESS None. 7. COUNCIL BUSINESS Since the public hearing was advertised for 7:05 p.m., Council consensus was reached to next consider Agenda Item 7C. C. Resolution 7409 Authorization to Contract with Evergreen Land Services to acquire ROW for Traffic Signal Installation at Silver Lake Road and County Road H. • Mounds View City Council February 9, 2009 Regular Meeting Page 2 • Finance Director Beer reviewed that Ramsey County has funding to move forward with the traffic signal installation at Silver Lake Road and County Road H, a project the City has been interested in completing for a number of years. Ramsey County is requiring the City obtain right-of--way at three legs of this intersection, two of which are located in Mounds View. Given shortness of staff levels, the Clerk-Administrator is recommending the use of Evergreen Land Services with a cost sharing between Mounds View and New Brighton. Staff recommends approval of the draft resolution. MOTION/SECOND: Mueller/Gunn. To Waive the Reading and Adopt Resolution 7409 Authorization to contract with Evergreen Land Services to acquire ROW for Traffic Signal Installation at Silver Lake Road and County Road H. Ayes - 4 Nays - 0 Motion carried. A. 7:05 p.m. Public Hearing -Resolution 7406 Approving the Major Subdivision for The Mermaid (2200 Highway 10). Acting Mayor Stigney opened the public hearing at 7:05 p.m. Community Development Director Roberts presented the request of The Mermaid for a major subdivision of their 8.9 acre property to divide the hotel from The Mermaid Entertainment and • Event Center. This subdivision would~e allow for separate ownership of the Mermaid and the hotel. He displayed a site plan identifying the subject site and proposed dividing line to create two lots and described the number of parking spaces allotted to each. Community Development Director Roberts explained that the approval given by the City Council last October to divide the lot into three lots did not come to fruition. Community Development Director Roberts advised of the need to address allowing a property line to go through a building, which is typically not allowed by the State and City's Building Code. The City Attorney has indicated that with proper documentation and hold harmless agreements, it can be accommodated. The hold harmless agreement would be filed with the plat to so notify the property owners of its existence and hold the City harmless. He noted that this property is within TIF District 1 that runs to 2013. TIF financing issues will be addressed by the EDA at its February 23, 2009, meeting. With regard to the on site parking, Community Development Director Roberts explained the that the land uses and points of access are not proposed to be changed with this proposal. Access agreements will be modified to reflect the new property line descriptions and maintenance issues will be outlined in those documents. Community Development Director Roberts stated park dedication is not recommended since this lot division would not create additional demand on the park system. Community Development Director Roberts outlined alternatives for Council's consideration and • advised that staff recommends approval of the resolution as updated by the City Attorney and City Engineer to add: 8.) Applicant shall satisfy all requirements of Ramsey County. Mounds View City Council February 9, 2009 Regular Meeting Page 3 • Dan Hall, applicant and owner of The Mermaid, was present to answer questions of the Council. Hearing no public comment, Acting Mayor Stigney closed the public hearing at 7:14 p.m. Council Member Mueller asked about the outlot created with the prior Council approval that required payment of park dedication. Community Development Director Roberts explained that the subdivision would have created a 1.4 acre outlot with 20,000 to 30,000 square feet of new retail space that may have put more demand on the park system. Park dedication was to be paid on that property, not the entire site. However, that subdivision will not move forward and this plan will result in no additional uses or demand on the park system. It was noted that The Mermaid had paid a full park dedication in early 2000. Council Member Mueller asked if AmericInn would request an electronic or video sign. Community Development Director Roberts used a site plan to identify the location of the current sign and stated the potential exists that a sign could be requested. Council Member Mueller asked whether the Fire Marshal had inspected the building. Community Development Director Roberts stated the Fire Marshal had reviewed the building construction plans but did not inspect the site. • Mr. Hall advised that the Fire Marshal was the inspector for the project and both The Mermaid and Hotel are sprinkled. He clarified that this subdivision would provide the owners flexibility in the future should the hotel be sold. Council Member Mueller asked about the level of on-site parking. Mr. Hall advised that the site has 30% to 35% extra parking and there are cross parking agreements with Ramsey County so nothing will change with that situation. MOTION/SECOND: Gunn/Hull. To Waive the Reading and Adopt Resolution 7406 Approving the Major Subdivision for the Mermaid (2200 Highway 10), as revised to add: 8.) Applicant shall satisfy all requirements of Ramsey County. Ayes - 4 Nays - 0 Motion carried. B. Resolution 7408 Granting Preliminary Approval to Draft the Local Surface Water Management Plan and Authorizing Distribution to Review Agencies. Joe Rhein, Consulting Engineer with Bonestroo, described the process for approval of the City's Local Surface Water Management Plan (LSWMP), which needs to be in place before the Met Council will consider approval of the City's Comprehensive Plan. The Council reviewed the LSWMP and provided comment at a Work Session so the Plan has been revised to address those • comments. If the LSWMP is approved tonight, complete sets will be prepared and distributed to review agencies. Mounds View City Council February 9, 2009 Regular Meeting Page 4 • Mr. Rhein presented the schedule for agency review, noting it allows for final Council consideration on Apri127, 2009 and the deadline for completing the Comprehensive Plan is May 1, 2009, which should be met with this schedule. He advised the draft resolution would grant preliminary approval of the draft LSWMP and authorize distribution to the Met Council and other agencies as required by State Statute. MOTION/SECOND: Mueller/Gunn. To Waive the Reading and Adopt Resolution 7408, Granting Preliminary Approval to Draft the Local Surface Water Management Plan and Authorizing Distribution to Review Agencies. Council Member Mueller asked if staff had been working hand-in-hand with the Met Council so there is assurance the LSWMP will be approved. Mr. Rhein clarified that the Met Council will receive a copy but the Rice Creek Watershed District is the approval agency for the LSWMP and staff has have been in contact with them. Ayes - 4 Nays - 0 Motion carried. C. Resolution 7409 Authorization to Contract with Evergreen Land Services to acquire ROW for Traffic Signal Installation at Silver Lake Road and County Road H. This item was considered prior to Agenda item 7A. 8. CONSENT AGENDA Council Member Mueller asked to remove Item C. A. Licenses for Approval. B. Resolution 7407 Adopting a Modification to Sections 2.2 thru 2.4 of the City's Purchasing Policy. C. MOTION/SECOND: Mueller/Hull. To Approve the Consent Agenda Items A and B, as presented. Ayes - 4 Nays - 0 Motion carried. C. Resolution 7410 Granting Great Lakes Shipwreck Preservation Society a One Day Charitable Gambling Permit to Conduct a Raffle on February 28, 2009, at The Mermaid Entertainment and Event Center in Mounds View. i Council Member Mueller asked whether Mounds View receives any benefit from the Great Lakes Shipwreck Preservation Society charitable gambling permit. Assistant City Clerk- Mounds View City Council February 9, 2009 Regular Meeting Page 5 . Administrator Crane stated the matter of charitable gambling will be addressed at the next Work Session. She advised that the Great Lakes Shipwreck Preservation Society does not benefit the Mounds View trade area. It works with preservation of shipwrecks in Lake Superior and Lake Erie. This organization has received cone-day gambling permit from the City for the past three years. Assistant Clerk-Administrator Crane explained that the Code does not address a duration of one day so it should be addressed and placed in the Code for future applications. Council Member Mueller questioned the one-day permit during Festival in the Park at the car show that had been denied. Assistant City Clerk-Administrator Crane advised it was denied because the applicant did not submit any of the required paperwork to the State so it could not be considered by the City. MOTION/SECOND: Mueller/Gunn. To Waive the Reading and Adopt Resolution 7410 Granting the Great Lakes Shipwreck Preservation Society a One Day Permit to Conduct Charitable Gambling (Raffle) at The Mermaid Entertainment and Event Center in Mounds View. Ayes - 4 Nays - 0 Motion carried. 9. JUST AND CORRECT CLAIMS Council Member Mueller referenced Page 5, Braun Pumps and Controls, and asked if the repair of a transducer involved the sewer system. Finance Director Beer stated he thinks it may be part of the televising truck but will find out and advise the Council. MOTION/SECOND: Mueller/Hull. To Approve the Just and Correct Claims as Presented. Ayes - 4 Nays - 0 Motion carried. 10. APPROVAL OF MINUTES A. January 12, 2009 City Council Meeting Minutes. The following corrections were requested: Page 4, Line 27, correct name to "Dan Hall," Page 12, Line 15, change subtitle to: "4. Risdall Resident Survey." Line 17, "counting the surveys..." Line 20, "...count and tabulate the untabulated surveys." MOTION/SECOND: Gunn/Mueller. To Approve the January 12, 2009 City Council Meeting Minutes as amended. Ayes - 4 Nays - 0 Motion carried. • Mounds View City Council February 9, 2009 Regular Meeting Page 6 • 11. REPORTS A. Reports of Mayor and Council. Council Member Mueller announced that the Concerned Citizens of the North Metro will hold a meeting regarding the Anoka County Blaine Minor Airport on Tuesday, February 24, 2009, from 7-9 p.m. at the Spring Lake Park City Hall. Council Member Gunn commented on the success of the Irondale High School Dance held on Saturday night at the Community Center. B. Reports of Staff. 1. Report from Bonestroo Regarding Design Issue on the County Road 10 Trail Segments 1-5. Joe Rhein, Consulting Engineer with Bonestroo, advised of the elevation issues found to be present with the trail segment along the north side of CR 10 just west of Wooddale Drive. The Rice Creek Watershed District (RCWD) indicated that drainage in this area would more directly impact Rice Creek and determined to require rate control with this project. Mr. Rhein presented a diagram of the subject area, trail alignment, and explained the drainage direction. He stated the open ended storm drainage pipe in the ditch can be improved with a structure with a reduced opening to satisfy the rate control for less than $3,000 on this $800,000 project. However, detailed storm water modeling was required to prove the rate control to the RCWD. That modeling cost about $4,000 and identified that the pond and ditch are hydrologically connected so during large storm events, the pond water would overtop about 250 feet of the trail. During a 50-year storm event, the maximum water depth on the trail would be 3.5 inches for about an hour and 10 minutes. Then the storm sewer would drain away the water and the pond elevation would go down below the trail elevation. During a 100-year storm event, the maximum water depth over the trail would be 9 inches and appear to be one pond area. This would last for 2.5 hours and then the water would recede to be lower than the trail. Mr. Rhein advised there is a 2% chance during any given year that 50-year event will occur and a 1 % chance that a 100-year event will occur. Mr. Rhein stated if the Council deems this condition acceptable, recognizing the trail may become overtopped during certain heavy storm events but dry after the storm event, no action was needed, there would be no additional cost or delay in the project. If the Council deems this condition to not be acceptable, staff can investigate the option of raising the elevation of the trail 6 to 10 inches so it is above the overflow elevation during peak storm event. Since this would result in additional wetland impacts, permitting through the DNR, Army Corp of Engineers, and RCWD would be required. The cost is estimated to be $20,000 to $25,000 to repeat the permitting process, purchase additional wetland credits from the State's wetland bank, and to construct a trail berm that is raised by ten inches in height. In addition, the project schedule would be delayed one month and there is no guarantee reviewing agencies would approve the added wetland impact. • Mounds View City Council February 9, 2009 Regular Meeting Page 7 • • Mr. Rhein stated this project has been reviewed by Public Works staff and Department Heads. Their consensus is that it is not worth the additional expense and time delay to raise the trail. He noted that during heavy rain storms it is unlikely the trail will be used and when the rain is done, the trail will be fully functional. Council Member Mueller asked whether the maximum water depth on the trail was calculated based on the current flow of water or through the proposed restricted storm drain. Mr. Rhein advised it was calculated after the rate restriction but if the current pipe was used, the same situation would occur. He advised that the pond outlet and culvert are constantly being utilized and sufficient to handle everything up to the 50-year storm event. Council Member Mueller asked if raising the trail at a future date would be more expensive than doing it now. Mr. Rhein answered in the affirmative and stated he did not think it would receive agency approval. Finance Director Beer asked if either a 50-year or a 100-year storm event would affect the structural integrity of the trail. Mr. Rhein stated it would not because during a 100-year event, the water would be still with no velocity of flow and during a 50-year event, the overflow would be only three inches so, again, there should not be a velocity of water flow or danger to pedestrians. A majority of the Council indicated the condition was acceptable, recognizing the trail may become overtopped during certain heavy storm events but dry after the storm event. C. Reports of City Attorney. None. 12. Next Council Work Session: Next Council Meeting: Monday, March 2, 2009, at 7 p.m. Monday, February 23, 2009, at 7 p.m. 13. ADJOURNMENT The meeting was adjourned at 8:02 p.m. Transcribed by: Carla Wirth Timesaver Off Site Secretarial, Inc. •