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HomeMy WebLinkAboutMinutes - 2006/09/25PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting September 25, 2006 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 7:00 P.M. 1. MEETING IS CALLED TO ORDER 2. PLEDGE OF ALLEGLANCE 3. ROLL CALL: Mayor Marty, Stigney, Gunn, and Flaherty NOT PRESENT: Councilmember Thomas 4. APPROVAL OF AGENDA A. Monday, September 25, 2006 City Council Agenda • MOTION/SECOND: GUNN/FLAHERTY. To Approve the Monday, September 25, 2006 agenda as presented. Ayes - 4 Nays - 0 Motion carried. 5. PUBLIC INPUT Warren Johnson, 7710 Greenwood Drive, stated that when the street project first began he asked that someone look into dead-ending Greenwood Drive because 80% of the traffic has nothing to do with the neighborhood. He stated the street dead-ends into the shopping center and the street rehab project would be an excellent time to consider dead-ending the street. He stated he has received no response from the City since he initially requested the inquiry. He asked the Council's opinion about the road improvements he suggested. Mayor Marty stated he had not heard about the proposition recently. Mr. Johnson asked how many meetings he must attend before he is given an answer about the status of his suggestion. He added he would like some kind of answer. City Administrator Ulrich stated the proposed solution was for a comprehensive traffic study for the entire northwest portion of the City. He stated due to expenses, the study was not approved and current City Staff is doing a much more limited study. He noted the study does not go into much depth regarding street closings similar to what Mr. Johnson is requesting. City Mounds View City Council September 25, 2006 Regular Meeting Page 2 Administrator Ulrich added that the scaled-back traffic study would not allow for such detailed information. Mayor Marty explained why the study was not approved. He asked if the Council has consensus about considering Mr. Johnson's suggestion. Mr. Johnson stated he did not ask for any money and that he is giving a 38-year report that the traffic pattern in that area is not working. Public Works Director Lee stated that City Administrator Ulrich was correct and the problem was to be addressed by the larger study. He suggested the City do a traffic count but pointed out that the properties on the end of the road may require the City acquiring or purchasing a significant amount of property for the appropriate easement to allow a dead end. Mayor Marty noted he is not in favor of acquiring properties or using eminent domain to allow the City to dead-end a street. Public Works Director Lee added that fire and emergency response could be an issue as well as overall opinion of the residents in the area of a dead-end. Councilmember Gunn asked if it is an MSA road. Director Lee replied that it is not, which gives the City more flexibility. Mayor Marty asked if Director Lee would look into the issue further. Mayor Marty stated he believes the residents and adjacent property owners must be willing because he is not comfortable taking land. Director Lee stated a traffic count could be taken in interim. Mr. Johnson stated his main concern was that his request was being considered. He explained what he had been told regarding his request and explained several plans that had been proposed for the area. Mayor Marty asked Director Lee to contact the adjacent property owners. He stated if one of the properties were in foreclosure, the bank would be in possession of the property. Lee stated he hadn't intended to dump the issue on the Council, and that it was to be addressed in the comprehensive traffic study. Mr. Johnson said he believes most of the traffic on his street reaches the end and must turn around. Flaherty noted his concern is that adead-end is wanted on a main road off of a main artery in the City, County Road I. City Administrator Ulrich stated Staff would bring back a report on October 9. Laura Steeves, 5467 Landmark Circle, asked if the Council would waive the fee for the banquet center for two hours for ayear-end banquet for a football banquet. She stated many of the children are on scholarship and parents cannot afford the fees. Mayor Marty clarified that some of the kids cannot afford to play without the scholarship and many of them are low-income children. Mounds View City Council September 25, 2006 Regular Meeting Page 3 `~' Ms. Steeves stated many of the children are from Mounds View and having a banquet in the City is important. Mayor Marty noted that there are many organizations in the City with limited funds who may ask for reduced fee or free use of the center. He noted his concern is that it may set a precedent for other organizations to ask for free space. Ms. Dees stated her t-ball team was offered free space in the past. Councilmember Stigney stated the issue is that the Council needs to determine how the Center is paid for. City Administrator Ulrich noted the Community Center Committee met two weeks ago and will be meeting every-other month. Mayor Marty noted his support that the committee consider the issue before it comes before the Council. Carol Miller, 8242 Groveland Road, stated as a volunteer, she believes it is important the City support youth programs. She stated the time is excellent to set the precedent of giving the Community Center back to the city. She stated when it comes to non-profit groups the City should choose to provide the Center to the community. Mayor Marty noted the fee schedule. Ms. Steeves stated her organization was determined to be a Class 2 organization, which means it will cost more for her organization than if her organization was a Class 1. City Administrator Ulrich noted the fee schedule and how the $150 fee for the organization was decided upon. Councilmember Stigney asked how the organization's class was determined. City Administrator Ulrich explained how non-profit status is established. Ms. Dees stated the organization is a non- profit, 501-status organization. Mayor Marty asked if there was documentation. Ms. Dees explained how the organization is funded. Mayor Marty asked how the classification is determined. Finance Director Beer noted the federal regulations. Mayor Marty asked if the organization is close enough to anon-profit to qualify. Ms. Dees stated all of the kids on the team are from Mounds View, although the corporate address is in New Brighton Mayor Many stated if the SO1C3 document was provided to the City, he would approve of lowering the rental rate to Class 1. City Attorney Riggs stated it is a policy decision, particularly regarding allowing a New Brighton organization to qualify as a Mounds-View non-profit. Councilmember Gunn stated such issues had been discussed, particularly due to school districts and alignments. She noted her support to allow the organization to use the facility as a Class 1. She said as long as a team has Mounds View kids on the team, they should be allowed usage of the facility as a Class 1. She stated the City should establish a percentage of members of the organization that need to be Mounds View residents in order to be Class 1. Mounds View City Council September 25, 2006 Regular Meeting Page 4 • Councilmember Gunn noted her support for allowing the organization to be classified as a Class 1. Councilmember Flaherty agreed and stated it will open up discussion for the Council to determine how the fee schedule is set up and how classes are determined. Mayor Marty also agreed that the organization should be considered a Class 1. City Administrator Ulrich asked if any athletic organization with a significant amount of Mounds View residents should be considered Class 1. The Council agreed that they should. Cathy Bushane, 2204 Lois Drive, stated she has been a 32-year Mounds View resident. She stated when she and her husband purchased their house, they did not consider building codes and other ordinances. She stated within the last year, the construction of oversize garages has changed her neighborhood. She stated that she has received comments about the size of the garages. Ms. Bushane asked how big is too big? She asked if there is concern about the impact on the neighborhood when oversize garages are built. She said when she called, she was informed that the buildings are within code and there is nothing she could do. She asked how often the codes are reconsidered, and if Mounds View allows bigger buildings than other cities. Ms. Bushane asked how a neighborhood could remain cordial and friendly when one neighbor's • garage may infringe upon other neighbors. She stated she is puzzled why she is not notified about such large buildings being built next door. She stated the large buildings are starting a dangerous trend and that she believes it is diminishing the value of her property. She stated her concern is the size of the buildings, the impact on the neighborhood, and if the accessory building code should be reconsidered. Ms. Bushane stated she trusts that the Council and city Staff will look out for all residents, not just those who want larger buildings. Mayor Marty replied that there have been ongoing discussions for a number of years and people are requesting such buildings to remove things from the yards. He commended Ms. Bushane for her points and stated many valid points were raised. He stated the Council has a number codes included in the packets, and that Mounds View is often more forgiving for large accessory buildings than many other neighboring cities. He stated that there have been many requests for larger garages and accessory buildings and that the issue should come before the Council for reconsideration. Councilmember Gunn said the time has come for another meeting with the Planning Commission. She explained residents go before the Planning Commission before the issues come to the Council. She said the Planning Commission is the first part of the process and they need to be included in the discussion. • Mounds View City Council September 25, 2006 Regular Meeting Page 5 Mayor Marty stated that if a homeowner wants a large garage or accessory building, and the proposal meets City code, there is nothing the Planning Commission can challenge. Councilmember Gunn suggested the Council and Planning Commission review the code. Director Ericson said the code has been changed several times. He explained the code and conditions associated with accessory buildings. He said the problem is that a 952 square foot garage or larger would require Planning Commission review, but anything less can be built as long as it meets all of the conditions of code. Councilmember Flaherty asked about the process to change the code. Director Ericson explained the first step when the resident would approaches the City with an issue. He said the Council would then ask the appropriate Committee or Commission to research the issue. He said if the resident misses the notice of the discussion, they might miss the discussion. He said the Council must consider how to ensure notification is given and that they may want to discuss further notifying residents. Mayor Marty stated the Council could set up a meeting with the Planning Commission about the issue. He said the Council must listen to residents' suggestions. He said some people are moving to Moving View particularly for the relaxed accessory building standards and that Mounds View may be getting a reputation for large garages. Councilmember Stigney suggested that Director Ericson note to the Planning Commission that concerns are being raised and ask the Commission to review the code and complaints. Director Ericson stated such a step could be done. Mayor Marty agreed with the suggestion. Mayor Marty stated that perhaps the City has been too lenient with approving large accessory buildings. He said unless the City hears otherwise, they assume residents are okay with code changes. He thanked Ms. Bushane for bringing the issue to the Council's attention Mary Jo Vershay, 2223 Lois Drive, stated most of her neighbors are in attendance. She said she is before the Council because she has spoken to several members of the Council, Director Ericson, and members of the Planning Commission about the issue. She stated she is here representing her neighbors and other Mounds View residents and presented the Council with several recommendations. She said the problem has cascaded. She stated she has been told that sight lines have been obstructed because of the large garages for in several neighborhoods. Ms. Vershay stated that she is in front of the Council for people who do not know the impact of such oversized garages. She suggested the City consider all outbuildings within City boundaries and determine how the City should look. She noted that many large homes are being built and sight lines are permanently changed. Ms. Burshae stated she believes the large accessory buildings are negatively impacting property values. She said that she assumed she should take her complaints to City Staff. She stated she • was only told recently that she should talk to the Council. Mounds View City Council September 25, 2006 Regular Meeting Page 6 Mayor Marty stated when he is called with situations he has suggested residents speak in front of the Council. David Olson, 2215 Lois Drive, said as a resident of Mounds View and Lois Drive, he is disappointed in the building permit department for not knowing what the accessory buildings will look like. He said he would like to ask for the resignation of the person responsible for approving building permits in the City. Mayor Marty stated the permits are a Council decision. He stated it was a Council decision to allow the larger accessory buildings. Mr. Olson suggested the Council review architectural drawings so they can see what the buildings look like before they are approved. He said the large garages do not fit in the neighborhoods. He said the visual impact of the buildings significantly impact the neighborhoods. Mayor Marty noted that the Council used to review every permit and it took up a significant amount of Council time. He said to save time, the Council voted to increase the size limit. He stated there was no objection at the time larger garage limits were approved. He stated Staff does review permits, and that to ask for a resignation is very harsh. He stated he would like more facts before Staff is criticized in such a manner. Mayor Marty noted the Council works for the citizens and he feels like with such a unified showing, the Council will look into the issue so other neighborhoods and citizens are not impacted adversely. Councilmember Gunn said that it is not .just one person or the Council who approves the building. She explained the process which beings with public notification and the Planning Commission discussion, which is then passed on as a resolution to the Council. She said if the plans meet code, the City could not turn down the application. She said the process is to review the code and make changes if necessary. Mayor Marty noted that Ms. Vershay's recommendations look quite thoughtful and could provide framework for discussion. Councilmember Flaherty said he understands the residents' concerns. He said the Council agrees to revisit the code as is being requested by the residents. He said that now the Council understands the concerns and will be able to review the code. Councilmember Stigney said he understands the frustration of the neighbors. He said the Council should consider the size of both garages and homes. He said he believes the City has perhaps gone too far and could make some kind of revisions. Mike Reed, 2208 Lois Drive, said he has an oversized garage and said that a couple years ago, a City staff member came to his home, where he had two cars parked, one on the grass and one next to his garage. He said he was told he could no longer park on the grass and that his request Mounds View City Council September 25, 2006 Regular Meeting Page 7 for a larger garage was denied. He said that he was told if he built the extra garage, he could no longer build any other buildings on his property. Mr. Reed stated he needed the extra space because he runs his own business and he had to build the garage in order to store many of his possessions. He said the accessory building has allowed him to clean up his yard significantly. He said that some of the neighbors do not like the large garages, but that his garage has made his property look much better than it used to. He said he would like the City to keep the accessory storage code as is. Timothy Holm, 2200 Lois Drive, said his garage is one included in the photos presented to the Council. He said he and his wife chose to live in Mounds View because they needed space to store his possessions. He said he does not believe he has an excessive amount of possessions, and that the things he has he uses. Mr. Holm explained that he has some classic cars, an antique boat, and several antique snowmobiles. He said he chose Mounds View because he is familiar with the area, likes the area, and that he and his wife were looking for a place that met their need for having more space, but being close enough to the Metro for an easy commute. He said there was no other area that met such criteria. Mr. Holm stated he addressed the Planning Department when he initially proposed his accessory • building. He said Staff told him that he likely did not have a chance at a variance because he did not meet any of the seven criteria. He said he met all code requirements when he built his accessory building. Mr. Holm said that if the Council is going to revisit the ordinance and code requirements, that there are many people like him in the City. He asked the Council to come up with a quantitative way to determine square footage taking into account lot size and other factors. David Jahnke, 8428 Eastwood Road, said he heard the concern of the neighbors. He asked who issues building permits. Mayor Marty stated that person should not be mentioned. Mr. Jahnke stated the person is only following the rules and asking for a resignation is an extreme measure. He said that the issue is best discussed with the Planning Commission and Council. Mr. Jahnke stated there could be others who appreciate large garages and homes and that not all may be satisfied. Mr. Jahnke asked how many events must be held at the Community Center in order for it to pay for itself. Mayor Marry stated he could give Mr. Jahnke a copy of the fee schedule of the Center. He also noted the fee schedule may be revised. Mr. Jahnke said that he does not believe the Center is necessary for all of the community meetings. He said many meetings used to be held in homes and public schools. He asked how much the City could afford to support. He asked how the City compares with other communities as far as how much is spent on community centers and parks. Mounds View City Council September 25, 2006 Regular Meeting Page 8 • Mr. Jahnke said he was going to quit coming to the Council meetings because he does not agree with the time limit for public input. He mentioned how much time the Council spent discussing a parking lot. He stated he appreciates the Council listening to concerns, but asked if all issues, particularly private issues, should be discussed at Council meetings. Mayor Marty said he does not believe such long time should be spent on such private issues. Mr. Jahnke reiterated that the City is changing and noted he was present for many discussions about the accessory building issue. City Administrator Ulrich stated the City Attorney advised that a motion be presented for the fee schedule issue. MOTION/SECOND: GUNN/FLAHERTY. To change policy that local athletic organizations with 10% Mounds View residents be considered at Class 1 for rental and to authorize revision of fee schedule. Councilmember Stigney asked for a definition of local. City Attorney Riggs explained it could be a temporary motion to approve an interim change until a more permanent motion can be made. Finance Director Beer suggested that 10% of the organizations participants must be Mounds View residents. Councilmember Gunn explained that there are some groups with a majority of kids from New Brighton, and to make it fair, 10% of Mounds View residents must be part of the group. MOTION/SECOND: GUNN/FLAHERTY. To accept the proposed friendly amendment. Ayes - 4 Nays - 0 Motion to amend carried. Councilmember Flaherty asked about Class 1 and providing non-profit status and said he agrees with 10% on an interim basis. Councilmember Stigney agreed with 10% on an interim basis as well, to accommodate the Council's intent until a permanent solution is reached. Ayes - 4 Nays - 0 Motion carried. 6. SPECLAL ORDER OF BUSINESS None. 7. COUNCIL BUSINESS A. Resolution 6939, a Resolution Authorizing the Hire of Mr. David Schulte to the Position of Mounds View Cable TV Assistant City Administrator Ulrich stated the position was previously authorized by the Council to approve Mr. Schulte, who is currently an employee of CTV, be hired on a part-time basis to Mounds View City Council September 25, 2006 Regular Meeting Page 9 • provide assistance for Council and other meetings. City Administrator Ulrich stated Mr. Schulte has a degree in broadcast journalism and said he will begin at Step three, and then explained the step progression. He said employment would begin pending a background check. Mayor Marty asked if the current part-time cable operator, Dave Olson, is at Step 3 or 4. City Administrator Ulrich stated he is at Step 4. He stated that Mr. Olson should be at Step 5 due to his experience with the Council. Councilmember Stigney noted, on a point of order, that it is not a discussion about such an issue. City Administrator Ulrich read the resolution in full. MOTION/SECOND: GUNN/FLAHERTY. To adopt Resolution 6939, a Resolution Authorizing the Hire of Mr. David Schulte to the Position of Mounds View Cable TV Assistant. Councilmember Stigney stated that the job description he has says the required experience in the non-linear editing system as a requirement, and asked if the person has such experience. Communications Coordinator Blackford said that it was recommended that specific language • referring to Final Cut Pro was cut from the description, but non-linear editing was kept. It was noted that Mr. Schulte has experience in non-linear editing. Ayes - 4 Nays - 0 Motion carried. B. Resolution 6937 Approving a Letter Agreement with BRAA to assist the City with Developing an Erosion Control Ordinance and Revised Grading Permit Procedure. Public Works Director Lee stated as part of the City's municipal storm sewer system, the City is required to pass a grading ordinance. He stated in addition, the City is required to update grading permit procedure. He stated Staff has requested assistance from BRAA because it has proven to be a particularly daunting task. He stated Staff received a quote of $13,000. and Staff then determined what could be done internally. Director Lee stated Staff could take care of several of the issues internally, and recommends deleting those tasks from the contract, which will reduce the contract amount to $9,980 for BRAA's assistance with developing a Grading ordinance and grading permit process. Councilmember Stigney asked about the funding source. Director Lee replied it would be derived from the storm water fund. Councilmember Flaherty asked if it is to comply with the local ordinance. Director Lee stated it is a federally mandated requirement to develop a grading ordinance. Mounds View City Council September 25, 2006 Regular Meeting Page 10 Mayor Marty stated he likes item 1.0 that was taken out and wanted to ensure that all of the City's costs are covered. He also asked for an explanation of item 8B, Compensation, on page 5. He asked what SWVD is. Director Lee explained the items. Mayor Marty commended Staff for their efforts to remove the unnecessary expenses, totaling about $4,000. He asked if Director Lee is sure that Staff has time to cover such tasks. Director Lee stated he was confident Staff could manage the additional tasks. MOTION/SECOND: FLAHERTY/STIGNEY. To waive the reading and adopt Resolution 6937 Approving a Letter Agreement with BRAA to assist the City with Developing an Erosion Control Ordinance and Revised Grading Permit Procedure. Ayes - 4 Nays - 0 Motion carried. C. Resolution 6941 Awarding a Contract for the Installation of Carpet and Tile and Authorizing Volunteer Painting for the Random Park Building Replacement Project Director Lee explained that with the project nearing completion, there are a few items that need to be completed -carpeting and tiling and interior painting. He stated such items were not • included in the original contract because Staff determined they could save some money by contracting directly. Director Lee explained the low bid for carpeting and the was given by Abbey Carpet. He showed the Council the the and carpet samples proposed. He noted it was similar to the carpet used in the Community Center, and the carpet could be easily replaced, if necessary. He stated Staff recommends awarding the contract to Abbey Carpet for the and carpet. Director Lee stated an Eagle Scout is looking for a project and has volunteered to paint the building. He said the City would provide the paint and showed the Council the proposed paint color, which was a light tan. He stated Staff recommends authorizing a volunteer painting of the Random Park building. Director Lee stated the City is planning a simple landscaping plan. He said the plan would be put together now and would look for volunteers to execute the plan in 2007. He stated two eagle scouts have approached the City and may be able to do the landscaping as an Eagle Scout project in 2007. Councilmember Gunn noted her support for the Eagle Scout volunteer project. Councilmember Flaherty noted his support for the the chosen. He stated it is worth the extra cost due to its durability. • Director Lee stated Random Park is the highest-use park building. Mounds View City Council September 25, 2006 Regular Meeting Page 11 • • Mike Reed, 2208 Lois Drive, asked if the City received competitive bids. Director Lee assured him that two quotes were received and that five companies were contacted. Mayor Marty asked if there were any more volunteers for the painting projects since it is a very large project. He stated scouts are listed as painting contractors and said if there is anyone else interested, they could contact Director Lee. Mayor Marty asked if the City has proper insurance coverage for such activities. City Attorney Riggs stated Staff should ensure such an activity is covered. Carol Mueller, 8343 Groveland Road, stated that the Scouts who are working on the projects will be required to file a permit with the Council, and the permit does have extra liability insurance. MOTION/SECOND: MARTY/GUNN. To waive the reading and adopt Resolution 6941 Awarding a Contract for the Installation of Carpet and Tile and Authorizing Volunteer Painting for the Random Park Building Replacement Project. Councilmember Stigney noted his support for the Scout volunteering. He said he believes the $11,000. quote for the and carpet is excessive and said he could not support the expense. Ayes - 3 Nays - 1 (Stigney) Motion carried. D. Resolution 6940 Approving Change Order No. 1 for the Medtronic Utility Extension Project - Upsize Sanitary Sewer Director Lee noted the main item is to extend the sanitary sewer to the site. He stated the City and MedTronic's consultants determined that the pipe there would be adequate to the site. He said the Department of Labor of is requiring the size of the pipe be 12 inches. Director Lee noted revisions that the language stating that any costs associated with extending utilities would be the developer's responsibility. He noted the funding source in the Resolution as TIF from District 5 is incorrect, that the funding will be coming from the Water fund. MOTION/SECOND: GUNN/FLAHERTY. To waive the reading and adopt Resolution 6940 Approving Change Order No. 1 for the Medtronic Utility Extension Project - Upsize Sanitary Sewer, as corrected. Councilmember Stigney asked which water fund the funding will come from. Finance Director Beer explained it would come from Water Fund 700, Account 700-4825-7050-034, for Capital construction. Councilmember Stigney asked about all three items on the back. Director Lee explained the other items, the leaky hydrant and correcting two service liens, which will come out of the accounts as indicated. Mounds View City Council September 25, 2006 Regular Meeting Page 12 Councilmember Stigney asked if the 12-inch pipe is currently installed. Director Lee stated it is installed and he is looking for approval to pay the bill. He stated the pipe was required to be installed and it is the City's responsibility to install it. Councilmember Flaherty asked how the consultants missed the fact that the Department of Labor and Industry required 12-inch pipe. Director Lee stated the Department of Labor and Industry did not do their review until the permit was approved. Councilmember Flaherty asked if the consultants knew the Department of Labor would require the 12 inches and said the consultants should have known, and now the City has a cost incurred because of their mistake. He stated he would like to go back to the consultants with the cost and ask for a remedy. Director Ericson stated the cost of the 12-inch pipe would have been built into the original estimate even if the consultant caught the issue. He stated there is no additional cost to the City since the 12-inch pipe has to be installed regardless. Councilmember Flaherty stated his issue is that the consultants missed the issue and that he would like to ensure the consultants are reliable and all bases are covered. • Director Lee stated if circumstances were different, he would install the 10-inch pipe. He stated if another agency says something bigger must be installed, the City would have to install it anyway. Ayes - 4 Nays - 0 Motion carried. 8. CONSENT AGENDA Director Ericson recommended pulling Item 8H. Mayor Marty asked to remove item 8B. A. Licenses for Approval l~-Rcsele~ ' ,. r~,.,,,g~e~N^~-~rz~Q°„ u,.n,..=, c,,,,+~; C. Set a Public Hearing for October 9, 2006 at 7:05 pm to Consider a Conditional Use Permit for an Oversize Garage at 2925 County Road H2. D. Resolution 6936 Appointing MMKR to Provide Auditing Services for the Years Ended December 31, 2006, 2007, 2008 E. Set a Public Hearing for October 9, 2006 at 7:10 pm to Consider Adopting a Special Assessment Levy for Delinquent Public Utility Accounts F. Set a Public Hearing for October 9, 2006 at 7:15 pm to Consider Adopting a Special Assessment Levy for Diseased Tree Removals G. Set a Public Hearing for October 9, 2006 at 7:20 pm to Consider Adopting a Special Assessment Levy for charges to abate a nuisance condition at 5300-02 Raymond Avenue Mounds View City Council September 25, 2006 Regular Meeting Page 13 u~^~+-,^~-Dt}bu~~°.,,.;,,,. ~ ,. netebe~-°, ~nn~ ^+ ~.~~-~-~o-Oe~sid~th~ MOTION/SECOND: STIGNEY/FLAHERTY. To Approve the Consent Agenda as amended. Ayes - 4 Nays - 0 Motion carried. B. Resolution 6928 Approving Change Order No. 1 for Hidden Hollow South - Eztend Completion Date Mayor Marty noted the change order was presented today, but the completion date was originally supposed to be August 18. He asked why the change order was not presented to the Council earlier. Director Lee explained that it did not come back sooner because the change order was not prepared until the last couple days. He stated the City and private contractor were working together on a storm-sewer crossing and they id not have an exact date for completion. He stated the date has now changed to September 29, and they did not want to finalize a date until they knew their timeline. He noted the final completion date of August 5, 2007, has not changed. Mayor Marty noted the third whereas, an asked if the extension date should be included in the resolution. Director Lee stated it could be included, or could reference the date in the change order. MOTION/SECOND: MARTY/FLAHERTY. To waive the reading and adopt Resolution 6928 Approving Change Order No. 1 for Hidden Hollow South -Extend Completion Date. Ayes - 4 Nays - 0 Motion carried. H. Set a Public Hearing for October 9, 2006 at 7:25 pm to Consider the Introduction and First Reading of Ordinance 780, an Ordinance Approving Modifications to the City's Official Wetland Zoning District Maps Director Ericson noted that the item is before the Council to set a public hearing to consider the adoption of new wetland zoning maps, which requires going through ordinance process. He explained that the process is very similar to zoning codes. He stated it would impact a large number of properties and residents and it is important to notify residents in several different ways and with any means possible. Director Ericson summarized that the Council authorized a wetland inventory, which was completed along with some mapping ha been completed and are before the City for approval. He noted the current wetland maps are from the 1980s and may not correlate with current developments. Mounds View City Council September 25, 2006 Regular Meeting Page 14 Director Ericson stated there have been many wetland alterations that have never been reflected on the City's official zoning maps. He said the City would take a comprehensive look at the wetlands, which would allow the City the opportunity to post the maps online and give the City a format to update the maps accordingly. Director Ericson noted several issues that may warrant discussion, such as whether a drainage ditch will require a setback and similar issues. Mayor Marty said Mounds View's current regulations are more protective of wetlands. He stated that regulations, which may apply to certain activities, are enforced by Mounds View only, and there is extensive latitude that may be given in the buffer areas. He stated he would like the word "extensive" changed to "some" or "limited." He also noted that he was under the impression that all buffer zoned permits need to come before the Planning Commission and Council. Director Ericson stated that many requests, such as fences or garages, are approved administratively, but anything beyond 1248 square feet must come back to the City for review. He stated there are a number of criteria in the code that must be satisfied for approval. He stated there must not be a negative impact to the wetland in order for such a request to be approved. Director Ericson gave the example that if a driveway is approved, it may be required to be graded in an opposite direction. He stated small projects that will not extensively impact the wetland do • not go through the review process. He stated he does not want to make the code sound too restrictive. He stated he would re-write the notice so there is not such extensive latitude. Mayor Marty asked about when structures or fill are brought in around a wetland and cause soil compaction, which in turn causes wetlands to recede. He stated Mounds View wants to preserve and protect wetlands, and it appears Mounds View is heading in the direction of developers and the tone of the ordinance sounds contrary to wetland protections. Mayor Marty stated he does not want to alarm residents who have homes in areas that are previous wetland designations. He stated that in the past, the Council had to review several buildings in the wetland buffer. He said he was under the impression that all proposed wetland buffer structures would come before the City. Director Ericson stated no changes are being made to the ordinances, but the wetland maps are just being update. He stated no changes would impact residents, that the maps are utilizing more modern technologies to come up with maps that are more realistic and representative. He stated that it might be a good time to review the ordinance and City requirement. Mayor Marty asked if the proposed maps are current and up-to-date. Director Ericson replied that they are the most current. MOTION/SECOND: MARTY/STIGNEY. To Set a Public Hearing for October 9, 2006 at 7:25 pm to Consider the Introduction and First Reading of Ordinance 780, an Ordinance Approving Modifications to the City's Official Wetland Zoning District Maps. Mounds View City Council September 25, 2006 Regular Meeting Page 15 Ayes - 4 Nays - 0 Motion carried. 9. JUST AND CORRECT CLAIMS Councilmember Flaherty asked about Operating Supplies and a Rug. City Administrator Ulrich stated the rugs are rented specifically for elections. Councilmember Flaherty asked about a refund to Ann Booth on page five. Finance Director Beer stated it was issued because she did not use the park. Councilmember Flaherty asked if it stopped someone else from using the park. Finance Director Beer stated it did not. Mayor Marty asked about the message board service bill paid to AIM electronics on Page 2. Director Lee stated the parts are under warranty, but labor is not, and the invoice is for the labor. Councilmember Flaherty asked about 6 computers from HP and asked what was done with the old computers. Finance Director Beer stated they are recycled if they are unable to be used. Mayor Marty asked if information could still be removed from hard drives and if the computers with sensitive information are destroyed. Director Lee stated he has seen some of them destroyed. Mayor Marty asked that all be destroyed. Director Lee explained that as computers . are replaced, the older computers are often moved to areas of lower use. Councilmember Flaherty asked if is possible that the City offer computers at a lower cost to City residents. Finance Director Beer stated there is an issue with licensing of software and there may not be an operating system, which renders the computers unusable. Mayor Marty asked about a payment to Gopher State One Call on page seven, for 535 calls. He asked if that is an unusually high number. Mayor Marty also asked about Hudson Maps and the street atlas. He asked how many the City needs. Director Ericson explained they are used for outside-the-city travels by City Staff. Mayor Marty asked about the Johnson Culvert and asked where it will be used. Director Lee explained it was for the repair that was done on Woodcrest. Mayor Marty asked about the Medtronic, SYSCO Expansion, and Hidden Hollow expenses with Kennedy and Graven. City Attorney Riggs stated they are invoiced back to the developers. Director Ericson stated the SYSCO and Hidden Hollow expenses are billed to the developers. He added that some expenses are billed back to Medtronic depending on the expense. Mayor Marty asked about a credit used in error paid back to SYSCO. Finance Director Beer stated SYSCO sent a credit memo at one point, which the City deducted from a bill, which was later claimed to be erroneous an the City had to pay the money back. Mounds View City Council September 25, 2006 Regular Meeting Page 16 i Mayor Marty asked about law enforcement coloring books. Finance Director Beer stated the expense will come from the DARE fund, and the books are purchased in a large number. Councilmember Flaherty noted it is a very worthwhile expense. Mayor Marty asked about the medical exam expense. Finance Director Beer noted it was for Mounds View's new police officer. Mayor Marty asked about a payment to Ramsey County for road striping. Director Lee stated it was for striping the entire City. He stated he is not sure why it was two separate invoices. Councilmember Flaherty left the meeting at 9:28 p.m. Councilmember Gunn asked about development fee and non-refundable refund paid to Dan Hall on page seven. Director Ericson stated Mr. Hall applied for a development review for a hotel project, but then rescinded the request. He stated the City suggested Mr. Hall pull his application until he had more solid plans. MOTION/SECOND: GUNK/STIGNEY. To approve the Just and Correct Claims as Presented. Ayes - 3 Nays - 0 Motion carried. 10. APPROVAL OF MINUTES A. August 28, 2006 City Council Meeting Minutes Mayor Marty noted he called corrections to Director Ericson. Councilmember Flaherty returned to the meeting at 9:31 p.m. Councilmember Gunn asked to correct Line 25 on page 10. Councilmember Stigney asked to change page 21, to change the word "amps" to "watts." MOTION/SECOND: MARTY/STIGNEY. To Approve the August 28, 2006 City Council meeting minutes as corrected by submissions and meeting corrections. Ayes - 4 Nays - 0 Motion carried. 11. REPORTS A. Reports of Mayor and Council Mayor Marry stated he went to the new fire station dedication and said it was a very nice ceremony. He said the fire station is very nice, but not extravagant in any way. He stated it was tastefully done and everything seems very functional and practical. He stated he received a tour Mounds View City Council September 25, 2006 Regular Meeting Page 17 and the highlight was a driving simulator. He also mentioned that there is a nice physical fitness center. Mayor Marty noted he spoke to Senator Betzel about the Route 860 bus line, and the Senator sent an e-mail to the Metropolitan Council regarding the bus line. He stated he has forwarded a-mails from several residents about the bus line. He stated he hopes the City can get Route 860 reinstated. Mayor Marty stated on Monday, October 2, the Council is having a meeting with Ramsey County Commissioners Bennett and Weesner-Parker, along with Ken Heider, Dan Solar, Director Lee, and the principal at Sunnyside School about a signalized intersection at County Road H and Silver Lake Road. He noted the meeting is open for public comment. He stated there has been some concern about the intersection and noted upcoming plans for the intersection and sidewalk. Councilmember Flaherty commented that the trailway on Silver Lake Road is open and that it is already being used. He said there is still some landscaping to do, but it looks like it will be used a lot in the future. He said the front yards and front of the trailway look very nice. Mayor Marty noted that the Random Park building would be opening in mid-November. Councilmember Gunn asked about the parking lot. Director Lee stated there have been some flaws, but they are working with the contractor for corrections. • B. Reports of Staff City Administrator Ulrich noted the City received 15 defibrillators. He said 11 of them are portable and will be in every squad car, as well as four in buildings such as City Hall and the Community Center. City Administrator Ulrich stated police received a $25,000. grant from the Federal Dept of Justice and they are looking at portable video monitoring that could be used in multiple locations in areas that have crime problems. Mayor Marry noted the defibrillators do not require a lot of training and can be used easily. Ulrich added that the Police Chief is looking to make the City aheart-healthy community and they are considering offering some CPR classes in the future. Mayor Marty stated the City was supposed to receive them this year, but Medtronic had to re-program the machines to be current with current requirements. 1. Community Development Quarterly Report Director Ericson updated the Council on several projects and advised that while the Council authorized a billboard on the Mermaid property, Clear Channel will not pursue erecting a billboard on the property. He stated that Mr. Hall's application for a hotel on the property has • been withdrawn, but he is still exploring a hotel or other development on the corner. He added Mounds View City Council September 25, 2006 Regular Meeting Page 18 that there would need to be a CUP amendment for such another building. He stated there are very specific land-uses for that property. Director Ericson stated the billboard for SYSCO has been authorized. He explained that the Council authorized a letter be sent to MNDot supporting tree removal and MNDOT has not confirmed that Clear Channel can remove the trees. He stated as soon as it is approved, Clear Channel would be coming back to the City with an application. Director Ericson stated permits were issued for the SYSCO parking lot expansion, and that everything should be complete in the next few weeks. He stated as of Sept 18~', the curbs were installed and asphalt will be poured soon. Director Ericson noted the bridge over 35W on County Road J was removed and should be back up in June 2007. He stated updates will be available on the City's website, as well as on MNDot and Ramsey County's websites. Director Ericson said property owners on County Road 10 are hoping to donate a piece of property to the City that may be used for an overlook. The City is currently looking at a previous environmental analysis to determine if the City will need to do a further analysis. He noted the analysis was done in 1996 and there has been no further modification to the property. • Director Ericson stated Silver Lake Ponds is not currently going to make any improvements or enhancements and would like to lease the building before any improvements are made. He stated they may go in a different direction if the building is not marketable. Director Ericson said that Mounds View Square is undergoing major renovation and did apply for a building permit. He said the renovation should be very nice and a major investment has been made in the facility. Director Ericson said Lets Get Graphic is moving into the building on the corner of Long Lake Road and County Road 10, and that there were issues with Rice Creek Watershed, which had to approve. the garage. He noted the company should move in by the end of October. He noted the building in the theater parking lot remains vacant. He stated he has made City Staff available to help the owners find a tenant. Director Ericson said there is a townhome development on County Road 10, for which the City authorized for rezoning, and developers have six months to return with a preliminary site plan. He stated site plans should be presented very soon so the City can go ahead with notifying residents. He noted that the developers are returning to their original plan. Director Ericson noted 390 County Road 10, the premium stop property, and that the building is gone and the site has been seeded. He stated the City authorized Bonestroo to do a marketing study and in about six weeks the City should be able to move forward with plans for • redevelopment. Mounds View City Council September 25, 2006 Regular Meeting Page 19 • Director Ericson stated a proposal is being presented to New Brighton for an asphalt plant that would be built on the edge of Mounds View and Mustang Drive. He stated there is an application to work with BelAir Excavating fore adual-use property. He stated the company is asking New Brighton for a CUP and Comprehensive Plan revision, and he suggested the Council review the plan. Councilmember Gunn asked if there would be propane in that area as well. Director Ericson stated a propane gas plant has been requested in the same area, on the vacant Tyson lot. Councilmember Gunn said that she is concerned about the smell from the property. Mayor Many stated he would like to send a letter from the Council about New Brighton's plans to push the developments against Mounds View. Director Ericson stated he is not sure New Brighton supports the plan. He said it he would keep the Council informed about the proposal. He stated it is a good idea for the City to have a position regarding the development. Director Ericson stated there have been a lot of questions about the Harsted Townhome project. He stated the 66 units may not be constructed in two years and there are no provisions requiring the completion in a certain time frame. He stated that once there are two model homes completed, interest in the development should increase, which will speed up the construction. Director Ericson said the Rice Creek Watershed District recently approved a new design for a ditch on County Road H2 and on Louisa. He stated it will be more aesthetically pleasing and safe yet will still provide the same filtration. Director Ericson stated Medtronic had atopping-off ceremony of the South building, which is now complete from a structure standpoint. He gave the Council photos of the project and said there have been no delays. Director Ericson stated he was going to speak about residential accessory buildings, but given the previous discussion, it was determined the Planning Commission and Council should discuss the issue further. Councilmember Stigney asked about the building where Lets Get Graphic will be housed and why there is still a "For Lease" sign outside the building. Director Ericson stated it might be the case that small spaces of the building may be available for lease. City Administrator Ulrich stated it never hurts to have a continuing list of prospective tenants. 2. Edgewood Drive Sanitary Sewer Service Line Director Lee explained that as part of an installation of the water line the contractor damaged the sanitary sewer line. He noted the code enforcement officer has been in close contact with the property owner and has been overseeing the cleanup of the area. He stated the damaged area has been cleaned up and sanitized. He said the contents of the building have been removed and the interior is being remodeled. He explained that the property owners would be moving back in Mounds View City Council September 25, 2006 Regular Meeting Page 20 within the week. He said the property owners filed an insurance claim against the City and contractor and the property owner's attorney is in close contact with both. Director Lee assured the Council that the City and contractor are working with the property owner to resolve the issue. Mayor Marty stated that news article stated the property owners might be out of their home for five to six weeks. Director Lee stated that a week may be aggressive, but five to six weeks is a long time. Councilmember Flaherty stated he spoke with City Administrator Ulrich and felt the paper did not "paint" the City is a positive light. He said that the contractor said there were no markings for the sewer lines, and Councilmember Flaherty stated he wanted to ensure the record was straight that it was marked. He stated the City's priority is to take care of the property owners. Mayor Marty stated there were photos of the street with the markings before the incident happened. He stated what was told to the paper was not factually correct. Director Lee stated the contractor did not have the documentation the City had, which the City forwarded to the contractor. C. Reports of City Attorney City Attorney Riggs stated that an action was filed against one of the Councilmembers, which implicate the City. He stated the matter has been entirely dismissed as of September 25, 2006. He stated it dissolves the need for the executive session meeting, but it does bring up the issue that the Council needs to have a way to respond to an issue of this nature. City Attorney Riggs stated the attorney general opinion stated that when questions are brought about regarding the Charter and whether a Councilmember can sit on the Charter Commission, it falls to the City Attorney to determine and recommend action. City Attorney Riggs stated the City has responded to the Attorney General, and based on the response, the charge was dismissed. He stated he was preparing for a further response, but he is currently not sure how to proceed given the developments. City Attorney Riggs stated he is not sure if anything else will be filed, and he was not able to determine officially if everything has been dismissed, but he is pretty sure everything has been dismissed. Mayor Marty stated one point in question is that the Charter states a person may not serve in an elected capacity and also on a Commission in the City. He stated State Statue overrode that, but in 2004, the State changed the laws stating that the Charter takes precedence. • Mounds View City Council September 25, 2006 Regular Meeting Page 21 City Attorney Riggs explained that in essence, there is a provision in the Charter that went into effect in 1979 for which there was no authorization. He stated absent of the authority, there needs to be a re-adoption of the provision. Mayor Marty stated that for the City Charter to mean what it says, that part of the Charter needs to be re-approved or re-authorized. City Attorney Riggs suggested it be re-approved and clarified. He stated that the office is appointed by a district judge, not by the City. City Attorney Riggs stated he could understand the argument both ways and that there is a lot of latitude and should be clarified. He stated one option is for the City to refer this matter to the Charter Commission for their recommendation. Mayor Marty stated he did not know about the 2004 change until the issue was brought to his attention. He stated the Charter needs to be referred back to the Commission for clarification. Councilmember Flaherty commented that particularly because a ruling was not made, the Council is back to square one. City Attorney Riggs replied that it does not stop future lawsuits. He stated there have been numerous occasions when Councilmembers have also been Charter Commission members. He said it has been acknowledged that that language does not apply over the 27-year history. Councilmember Stigney asked if the issue was being forwarded to the Charter Commission for review, but asked if the Commission discussed it. City Attorney Riggs explained that the judge asked for a response and that the issue was never brought up in the Commission. Councilmember Stigney asked if it is the Attorney's intention to forward something to the Charter Commission. City Attorney Riggs suggested everything be forwarded to the Charter Commission for review. He recommended starting with the Charter Commission, which could then make a recommendation to the Council. MOTION/SECOND: FLAHERTY/STIGNEY. To have City Attorney Riggs submit information to the Charter Commission for review and to authorize follow-up action for any filings that need to be completed. Ayes - 4 Nays - 0 Motion carried. MOTION/SECOND: STIGNEY/GLJNN. To cancel holding an executive session. Ayes - 4 Nays - 0 Motion carried. 12. Nezt Council Work Session: Monday, October 2, 2006, at 7 p.m. Nezt Council Meeting: Monday, October 9, 2006, at 7 p.m. • Mounds View City Council September 25, 2006 Regular Meeting Page 22 • 13. ADJOURNMENT The meeting was adjourned at 10:18 p.m. Transcribed by: Lauren McKay Timesaver Off Site Secretarial, Inc. C