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HomeMy WebLinkAboutMinutes - 2008/01/14PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOT Regular Meeting January 14, 2008 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 7:19 P.M. 1. MEETING IS CALLED TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Marty, Stigney, Hull, Flaherty, and Mueller NOT PRESENT: None. 4. APPROVAL OF AGENDA A. Monday, January 14, 2008, City Council Agenda MOTION/SECOND: Mueller/Flaherty. To Approve the Monday, January 14, 2008 Agenda as presented. Ayes - 5 Nays - 0 Motion carried. 5. PUBLIC INPUT Valerie Amundsen of 3048 Wooddale Drive commented on the work session that she watched and said that the way previously assessed properties are going to be handled as the new streets project moves forward concerns her. She then said that she would like to urge Council Members to proceed carefully with how this moves forward as there was a great deal of thought put into the recommendation of the Task Force. Ms. Amundsen explained that this was a Citywide proposal and all taxpaying residents would bear some burden regardless of the individual street or circumstance. Ms. Amundsen indicated that having new roads will beautify the entire City and increase values over the entire City. Ms. Amundsen said that the Council cannot go back indefinitely and she feels that the proposal of the Task Force is very reasonable and very fair for the most residents. She then asked Council to follow the recommendation of the Task Force. • Mounds View City Council January 14, 2008 Regular Meeting Page 2 Mike Read of 2208 Lois Drive said that Council received calls about bonfires but he wonders about wood burners that are burning all over the City and he is wondering who he calls to complain about it. Mayor Marty explained that someone was burning recently and it was not cut firewood and the police department was called and a citation was issued. Mayor Marty recommended that Mr. Read call the police department and said that they would investigate the matter and issue a citation, if appropriately. 6. SPECIAL ORDER OF BUISNESS None. 7. COUNCIL BUSINESS A. Public Hearing to Consider Public Hearing to Consider Resolution 7201, a Conditional Use Permit request by T-Mobile fora 128 foot Wireless Communications Monopole to be located at Sysco, 2400 County Rd J Mayor Marty opened the public hearing at 7:28 p.m. Planner Heller provided a review of the request to constrict a cell phone tower. The plan would Planner Heller explained that Staff feels that this location is appropriate based on surrounding existing uses and compliance with the Comprehensive Plan. Planner Heller indicated that all zoning and code requirements are met with this request and they have already received licensing approval from the FCC. Staff received no feedback other than one call and once the request was explained the resident had no concern with the tower. Karen Asplund of 8464 Greenwood Drive said that she received notice and her home would be within 350 feet of the tower. She then said that she is not in favor of this tower as it just adds another eyesore to the already big eye sore of a billboard. She further said that she would be able to see this tower from her front window. Ms. Asplund indicated that she can see the entire billboard from her front window and the monopole would be no different. She then said that living up at the north end has been getting harder each year as the freeway noise has increased, traffic has increased with Medtronic, a huge billboard that is lit, and now a monopole. be to lease a small portion of the Sysco property for this tower. Sysco is zoned industrial and they would be allowed up to a 150 foot tower and they are requesting a 128 foot tower. The Conditional Use Permit would remain in effect provided that no changes are made in approved operations. Mounds View City Council January 14, 2008 Regular Meeting Page 3 Ms. Asplund said that she believes that this will further impact her home's value. She then said that she is not in favor of this monopole at all. Kari Brown from TMobile addressed the Council and said that they have done may studies concerning monopoles in residential areas and she does not have the studies with her but the studies have not come back with any adverse effects whatsoever. She then offered to submit them for reference. Ms. Brown explained that the picture of the tower shows that the monopole would be visible but not the lower portion of the tower and it is a distance from the pole. Ms. Brown indicated that this is a co-location tower with room for two other carriers. Mike Read of 2208 Lois Drive asked whether there would be a beacon on top of the pole because this is close to the flight path of the airport. It was intended that the pole would not have any lights. Hearing no further public comment, Mayor Marty closed the public hearing at 7:40 p.m. Council Member Flaherty asked why this particular location because the north side of County Road J would not be visible to residents. Ms. Brown from TMobile explained that with the height requirement to get into the neighborhood of Groveland Park area moving the tower gets too far away to cover the objective area. Ms. Brown indicated that they had moved the tower across the compound to accommodate Sysco and the FAA study came back that they would lose footage by moving the tower. Ms. Brown explained that moving the tower creates issues with elevation and height requirements of the FAA. Ms. Brown indicated that moving to the north side means that they do not have enough coverage of the objective area. Council Member Mueller indicated it appeared that the location of the proposed tower would be blocked by the billboard. Ms. Brown indicated that it appeared that a portion of the pole would be blocked by the billboard and also by the trees. Mayor Marty indicated that he is not going to question the FAA but it seems to him that a light on the pole would make the tower more visible to aircraft. Mayor Marty said that he originally felt no qualms about this proposed location because the FAA regulations were met but, he understands the concerns of Ms. Asplund having to look at the monopole. Mayor Marty asked if there is anywhere else in town that this tower could be located. Ms. Brown indicated that they have looked extensively and there is no where else in town where this tower could be located and meet their coverage objectives. Council Member Flaherty asked what the citizens of Mounds View would get as a benefit of this tower. Ms. Brown indicated that residents could make 911 more reliably with the additional coverage. Mounds View City Council January 14, 2008 Regular Meeting Page 4 • Mayor Marty noted that more and more people are using their cell phones rather than land lines so adequate coverage is important. Ms. Asplund indicated that she called the FAA Tower Manager at the Anoka Airport and he seemed rather surprised that there is a tower planned for that area. He also said that the FAA Board in Texas handles the application so there may be some information gaps or lack of investigation on their part. Ms. Asplund pointed out her home and the location of the tower on the map for Council. Council Member Mueller indicated that she hates to disappoint residents but, for the greater good of the City, she is in favor of this location for the tower. She then said that this tower was planned for the City's park and that she would not be in favor of. She further commented that it is important, for the safety of the residents, to ensure cell phone coverage. Mayor Marty agreed that moving this out of the Park and into the industrial area is an improvement. He then said that he does experience cell phone coverage issues as he comes into the City on the freeway. He further said that he understands the concern of the resident because the billboards would eventually be coming down but this tower would not. MOTION/SECOND: Marty/Mueller. To Waive the Reading and Approve Resolution 7201, a Conditional Use Permit request by T-Mobile fora 128 foot Wireless Communications Monopole to be located at Sysco, 2400 County Rd J. Council Member Flaherty commented that this was reviewed by the Planning Commission and recommended for approval. Ayes - 5 Nays - 0 Motion carried. B. Public Hearing to Consider Resolution 7202, a Development Review for a Building Expansion at Midwest Motor Express, 2169 Mustang Drive Mayor Marty opened the public hearing at 8:06 p.m. Planner Heller provided an overview of the application for development review to allow for a building expansion at Midwest Motor Express. Planner Heller explained that this expansion would be to the west side of the building to move the existing back doors out. They anticipate no additional truck traffic or business but expect this expansion to allow them to run their business more efficiently. Planner Heller indicated that they would need to stripe or add more parking to adhere strictly to the City's Code. She then said that they do not need any more parking to accommodate their business and Staff feels that there is plenty of asphalt on this site to accommodate the business' parking needs. Planner Heller indicated that the Planning Commission reviewed this matter and has recommended approval. Mounds View City Council January 14, 2008 Regular Meeting Page 5 Hearing no public comments, Mayor Marty closed the public hearing at 8:10 p.m. Council Member Flaherty commented that Midwest Motor Express is one of the companies that pays their taxes and does what they need to do and they do not bother anyone. He then said that they have 80 employees and have been there since 1994. MOTION/SECOND: Flaherty/Mueller. To Waive the Reading and Approve Resolution 7202 a Development Review for a Building Expansion at Midwest Motor Express, 2169 Mustang Drive. Council Member Mueller thanked the Company for their efforts to improve their business and keep costs down. Mayor Marty indicated that the building was constructed in 1974, expanded in 1994 when Midwest Motor Express took over and now it is being expanded. The City has had no issues with this Company and thanked them for operating the business as they do. Ayes - 5 Nays - 0 Motion carried. C. Public Hearing to Consider a Conditional Use Permit to Allow for the Storage of Flammable Liquid (Ferrellgas) at Tyson Company, 4815 Mustang Circle. (APPLICATION WITHDRAWN) Mayor Marty opened the public hearing at 8:15 p.m. Planner Heller reported that Tyson Company has withdrew their application due in part to the recommendation of the Planning Commission and concern of the neighborhood and adjoining business owners. Planner Heller explained that a denial is needed to completely close this request. Hearing no public comments, Mayor Marty closed the public hearing at 8:17 p.m. Mayor Marty indicated that he is pleased that the Application has been withdrawn. He then said that a denial is necessary to ensure that this application is properly handled. MOTION/SECOND: Marty/xx. To Waive the Reading and Approve Resolution 7204, a Resolution Denying A Conditional Use Permit for Storage of Flammable Liquid at Tyson Company, 4815 Mustang Circle. Council Member Mueller requested that Resolution 7204 be read. She then read Resolution 7204. Ayes - 5 Nays - 0 Motion carried. D. Continued Public Hearing on Second Reading of Ordinance 800, an Ordinance Approving an Amendment to Chapter 12, Section 12.13 of the City Charter. Assistant City Administrator Crane explained that representatives from the Charter Commission were present to answer questions regarding amendments to Chapter 12, Section 12.13 of the City Mounds View City Council January 14, 2008 Regular Meeting Page 6 • Charter. Staff is working with mailing solutions on ways to ensure newsletter delivery to all residents. Mayor Marty reopened the public hearing. Hearing no public comments, Mayor Marty closed the public hearing. Mayor Marty asked whether there was more discussion or if any changes were made from what was previously submitted to Council. Jonathan Thomas, Chair of the Charter Commission, addressed Council and explained the proposed amendments to allow for delivery to all postal addresses. MOTION/SECOND: Mueller/Hull. To Waive the Reading and Approve Ordinance 800, an Ordinance Approving an Amendment to Chapter 12, Section 12.13 of the City Charter. Council Member Flaherty indicated that he would like to have Ordinance 800 read. Mayor Marty read Ordinance 800. Council Member Stigney indicated that one change was to change from six times per year to four times per year and he agrees with that. He then said that there is a "shall" and Staff is looking into alternatives for mailing so he could support it but he does not whole heartedly agree with it. ROLL CALL: Hull/Flaherty/Mueller/Stigney/Many Ayes - 5 Nays - 0 Motion carried. E. Resolution 7105, Appointing City Council Members and City Staff as Representatives for City Committees and Other Organizations. Assistant City Administrator Crane reviewed the Resolution setting Staff and Council appointments to Committees and other organizations. Mayor Marry indicated that he needs an alternate to attend I35W Corridor Coalition meetings when he is not able to do so. Council Member Mueller indicated that she was the representative on the Ramsey County League of Local Government for 2007 and would like to do so for 2008. Council agreed. Council Member Flaherty agreed to continue on the YMCA Committee, the HR Committee, Youth and Family Services for 2008. He also agreed to cover the I35W Corridor Coalition meetings. Council Member Stigney indicated that he would like to remain as a representative to the Human Resources Committee and the Fire Relief Association. Council Member Hull agreed to stay on the Committees he was assigned to in 2008. The Assistant City Administrator was added to the HR Committee. Mounds View City Council January 14, 2008 Regular Meeting Page 7 MOTION/SECOND: Marty/Mueller. To Waive the Reading and Approve Resolution 7105, Appointing City Council Members and City Staff as Representatives for City Committees and Other Organizations as Discussed. Council Member Mueller asked about the Convention and Visitor's Bureau and whether the Community Development Director should be a member of that. Staff agreed not to add the Director due to scheduling issues. Ayes - 5 Nays - 0 Motion carried. F. Resolution 7203 Approving the Purchase of Radio Reading Devices, Software, and Reading Equipment for the Water Reading System Replacement Program Public Works Director Lee explained that this would approve purchase of the radio reading devices, reading equipment, and software for this program. Five bids were received for three different systems. He then reviewed the systems that were bid. Director Lee explained that the low bid submitted a list of references but none of them had the Ikon system. City Staff checked the references and two of the four Listed had the system up and running for less than a year. Staff reviewed the failure rate for the systems as listed in the Staff report. Director Lee indicated that by year 20 the entire system would need to be changed out. Director Lee indicated that Staff recommends approval of the purchase of the Neptune system and award the contract. Council Member Mueller thanked Staff for the comparisons and said that she liked the time saving ability to read information while driving down the street. MOTION/SECOND: Mueller/Hull. To Waive the Reading and Approve Resolution 7203, Approving the Purchase of Radio Reading Devices, Software, and Reading Equipment for the Water Reading System Replacement Program. Council Member Stigney asked if the batteries can be returned annually or what the requirement would be. Director Lee indicated that the Staff would purchase batteries as needed and switching them out. Staff would return them to Neptune for warranty purposes. Staff would do that in bulk rather than one at a time. Council Member Stigney indicated he feels that they should pay for postage to mail back any batteries that fail during the warranty period. Mounds View City Council January 14, 2008 Regular Meeting Page 8 Council Member Flaherty thanked Mike for the excellent job on the Staff report. Ayes - 5 Nays - 0 Motion carried. 8. CONSENT AGENDA A. Licenses for Approval B. Resolution 7210 Transfer of Gasoline and Tobacco License from Khalid Ahmed to Michael Melberg and Jeff Schwinghammer for the Mounds View BP located at 2155 County Road 10 in Mounds View. C. Resolution 7211, Authorizing a One Day Gambling Permit (Raffle) for Great Lakes Shipwreck Preservation Society on February 23, 2008, at The Mermaid in Mounds View. D. Resolution 7206 Awarding a Construction Contract for the Well No. 6 Rehabilitation Project E. Resolution 7207 Approving the Bid Documents, Setting a Bid Date, and Authorizing the Advertisement for Bids for the Emergency Management Generator Purchase F. Resolution 7208 Amending Resolution 7153 to Incorporate a Clause Consenting to an Exemption from Maximum Vacation Carry Over Provisions G. Resolution 7209 Approving Agreements with North Suburban Access Corporation H. Resolution7212 Approving Purchase of Issued Glock Pistols and Holster with Forfeiture Funds for the Police Department Council Member Mueller requested that Item 8B be removed for discussion. Mayor Marty removed Item 8D for discussion. Council Member Flaherty requested that Item 8H be removed for discussion. MOTION/SECOND: Mueller/Hull. To Approve Consent Agenda Items A, C, E, F, and G as presented. Ayes - 5 Nays - 0 Motion carried. B. Resolution 7210 Transfer of Gasoline and Tobacco License from Khalid Ahmed to Michael Melberg and Jeff Schwinghammer for the Mounds View BP located at 2155 County Road 10 in Mounds View Council Member Mueller explained that Staff usually mentions background checks and she did not see that information for this license transfer. Mounds View City Council January 14, 2008 Regular Meeting Page 9 Assistant Administrator Crane explained that this license is only for gasoline and tobacco and it does not require a background investigation. Council Member Mueller asked whether compliance checks have been conducted and passed. Administrator Crane indicated that compliance checks have been passed and the business would continue to be subject to compliance checks. MOTION/SECOND: Mueller/Hull. To Waive the Reading and Approve Resolution 7210, a Resolution Transferring Gasoline and Tobacco License from Khalid Ahmed to Michael Melberg and Jeff Schwinghammer for the Mounds View BP located at 21 SS County Road 10 in Mounds View. Ayes - S Nays - 0 Motion carried. D. Resolution 7206, a Resolution Awarding a Construction Contract for the Well No. 6 Rehabilitation Project Mayor Marry said that the budgeted amount for this project was $50,000 and the estimate was $14,11 S so he would like to add a not to exceed amount of $50,000 to ensure that anything else comes back to the Council for consideration and approval. Public Works Director Lee indicated that Staff makes a best guess as to the type of work that would need to be done with the rehabilitation but there is no way of knowing for sure. He then said that he feels confident that the actual costs would be close to the bid amount. Council agreed to set a not to exceed amount of $20,000 for this project. Council Member Mueller indicated that she is concerned about rehabilitation versus replacement and when it would make more sense to replace rather than rehabilitate it. MOTION/SECOND: Marty/Hull. To Waive the Reading and Approve Resolution 7206, a Resolution Awarding a Construction Contract for the Well No. 6 Rehabilitation Project as Amended to a Not to Exceed Amount of $20,000. Ayes - S Nays - 0 Motion carried. H. Resolution 7212 Approving Purchase of Issued Glock Pistols and Holster with Forfeiture Funds for the Police Department Council Member Flaherty explained that there was a Committee that evaluated the current side arms and that Committee recommended replacement. Police Chief Sommer explained that the condition and age of the weapons including the fact that people were experiencing malfunctions. Mounds View City Council January 14, 2008 Regular Meeting Page 10 Council Member Flaherty asked what happens to the old Berettas. Police Chief Sommer explained that they are turned into the Company as a trade. Council Member Flaherty asked if a resident can turn in an old shot gun or something like that to the City for disposal. Chief Sommer indicated that residents should contact the City and the Police Department would assist them with contacts for disposal. MOTION/SECOND: Flaherty/Hull. To Waive the Reading and Approve Resolution 7212 Approving Purchase of Issued Glock Pistols and Holster with Forfeiture Funds for the Police Department Council Member Stigney asked how old the Berettas were. Chief Sommer indicated that they are approximately seven years old. Mayor Marty asked whether the City has had any issues with ammunition shortages. Chief Sommer indicated that it takes almost a year to get certain types of ammunition but they have planned for that and ordered early. Council Member Mueller indicated that there is an equipment company that supplies guns and the reason that the City went through Striker is that they have the side bid. She then asked if the City could use a local business for ammunition. Chief Sommer indicated that could be done but he is not sure that the volume and price can be met. Ayes - 5 Nays - 0 Motion carried. 9. JUST AND CORRECT CLAIMS Mayor Marry noted he called several staff members and had his questions answered. Council Member Flaherty asked about the State of Minnesota Citations by Ramsey County. Interim Administrator Ericson explained that was the expense for the citation books that are purchased annually. Council Member Mueller noted that there were some fees to Bonestroo, Rosene and Anderlik, and part of the fees $714.93 was for a Mustang Drive drainage situation. Mounds View City Council January 14, 2008 Regular Meeting Page 11 Public Works Director Lee explained that there has been a drainage issue at Mustang Drive at the intersection near FedTech for years. Staff had the consultant take a look at it and provide a recommendation and that recommendation was that the pipe is not sized adequately for the amount of water that comes to that area. The consultant has come up with recommendations to consider including a project to change the high points of Mustang Drive. Staff anticipates a project to alleviate the drainage situation in either 2008 or 2009. Council Member Flaherty indicated that it cost the City $25,000 to defend its officers in a litigation matter that the City eventually won. He then asked why the City has to pay this when the City was exonerated. Finance Director Beer explained that the League had to defend the City and the costs must be paid despite the fact that the City was dismissed from the claim. Council Member Flaherty asked where the funding would come. Finance Director Beer explained that the contingency fund is the fund for this type of situation that cannot be planned for. Council Member Mueller indicated that the insurance paid for coverage kept the costs of the defense down somewhat. MOTION/SECOND: Flaherty/Mueller. To approve the Just and Correct Claims as Presented. Ayes - 5 Nays - 0 Motion carried. 10. APPROVAL OF MINUTES A. November 26, 2007, City Council Minutes. B. December 3, 2007, Truth in Taxation Minutes C. December 10, 2007, City Council Minutes. Page 10; Line 16 insert female. Line 41 and ideas those students came up with. One idea was to sell the Community Center to a business.. MOTION/SECOND:. Mueller/HulT. To Approve the Minutes of December 10 2007 Ayes - 5 Nays - 0 Motion carried. D. December 10, 2007, Executive Session Minutes. MOTION/SECOND: Marty/Mueller. To Approve Minutes of the December 10, 2007 Executive Session. Ayes - 5 Nays - 0 Motion carried. Mounds View City Council January 14, 2008 Regular Meeting Page 12 . E. January 7, 2008, Executive Session Minutes. MOTION/SECOND: Mueller/Hull. To Approve the January 7, 2008 Executive Session Minutes. Ayes - 5 Nays - 0 Motion carried. 11. REPORTS A. Reports of Mayor and Council Mayor Marry indicated he was contacted by Springsted concerning the posting for the Administrator search and they have received 22 applications and they will narrow it down to 10. They have requested to meet on January 28, 2008 at 5:00 p.m. to discuss the candidates and narrow it to three to five. Interviews are going to be scheduled for February 8 and 9, 2008. Assistant to the Administrator Crane indicated that all applications will be available to review prior to the meeting. Mayor Marry indicated that the Pioneer Press had an article on the Maplewood City Manager and said that this is exactly why he wanted to avoid that type of press. Mayor Marry said that on February 7, 2008 Northwest Youth and Family Services is holding its annual outstanding service to youth award ceremony and invited Council to attend. Council Member Flaherty indicated that he would like the names of the honorees read and noted that the Mayor's wife is on the list. Mayor Marry reported that the Town Hall Meeting is scheduled for April 19, 2008. Council Member Flaherty indicated that he attended the grand opening of the Medtronic building and it is a very impressive facility and a wonderful addition to the City. He then said that he spoke to Ramsey County Commissioner Tony Bennett about the sound wall. Council Member Mueller indicated that on Friday and Saturday, January 19 and 20, 2008 she will be attending training through the League of Minnesota Cities for newly elected officials. B. Reports of Staff Interim Administrator Ericson reported that a joint meeting with the Spring Lake Park City Council has been considered to discuss joint issues. Council asked Staff to attempt to schedule the meeting on the third Monday of the month. • Mounds View City Council January 14, 2008 Regular Meeting Page 13 Interim Administrator Ericson requested Council consider setting a joint meeting with the Charter Commission to discuss a variety of issues. Staff has scheduled this for the February 4, 2008 work session. Interim Administrator Ericson suggested that the requirement to identify yourself by full name and address for minors speaking before the Council be waived. The Council agreed. Interim Administrator Ericson emergency management closed session should be scheduled annually and it is time to do that. Council Member Mueller suggested scheduling it for March so that the new City Administrator could attend. Interim Administrator Ericson indicated that Staff is working on an update on 2007 strategic goals for Council at an upcoming meeting. Interim Administrator Ericson Ramsey County League of Local Governments is hosting an event at the North Oaks Golf Club. Anyone interested in attending should contact Staff for registration information. Interim Administrator Ericson indicated that a March date for team building should be considered if this needs to be done by the April town hall meeting. Council agreed to set March 14 and 15 for the team building meeting. Interim Administrator Ericson Metropolitan Council State of the Region Event held at the new library downtown Minneapolis. This is a free event, which includes a tour of the new library. Interim Administrator Ericson reported that the North Metro Mayor's Association is sponsoring a discussion on transportation issues for the region. Interim Administrator Ericson indicated that an individual representing an entity has asked about renting an office with three desks at the Community Center. Council Member Mueller said that in 2008 the City will have a two day Festival in the Park. The Festival Committee will also be preparing a cookbook. She then asked residents to submit recipes for the cookbook. C. Reports of City Attorney None. 12. Next Council Work Session: Monday, February 4, 2008, at 7 p.m. Next Council Meeting: Monday, January 28, 2008, at 7 p.m. Mounds View City Council January 14, 2008 Regular Meeting Page 14 • 13. ADJOURNMENT The meeting was adjourned at 9:49 p.m. Transcribed by: Joan Lenzmeier Timesaver Off Site Secretarial, Inc. ,] •