HomeMy WebLinkAboutMinutes - 2008/08/25• PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL
CITY OF MOUNDS VIEW
RAMSEY COUNTY, MINNESOT
Regular Meeting
August 25, 2008
Mounds View City Hall
2401 Highway 10, Mounds View, MN 55112
7:04 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, August 25, 2008, City Council Agenda
• Clerk Administrator Ericson requested that Item 6C be removed from the Agenda.
MOTION/SECOND: Mueller/Flaherty. To Approve the Monday, August 25, 2008 Agenda as
Amended.
Ayes - 5 Nays - 0 Motion carried.
5. PUBLIC INPUT
Cindy Carvelli of 5255 Irondale Road invited Council to attend their neighborhood meeting to
discuss the break-ins in their neighborhood. She then said that they are most concerned that there
was not more cooperation or notification from the police department. She further said that this
concerns neighbors, and they would like the police department and Council to attend the meeting
and to support the neighborhood.
6. SPECIAL ORDER OF BUSINESS
A. Recognition of Jeremiah Anderson, Promotion to Chief Investigator
Mayor Marty recognized Jeremiah Anderson for his promotion to Chief Investigator.
•
Mounds View City Council August 25, 2008
Regular Meeting Page 2
• Fire Chief Nyle Zikmund provided an overview of Mr. Anderson's service to the Fire
Department.
B. Resolution 7325, Resolution of Appreciation for Michael Mickelson, SBM
Fire Department
Mayor Marty read Resolution 7325, a Resolution of Appreciation for Michael Mickelson, SBM
Fire Department.
Mr. Mickelson thanked the Council for the recognition.
MOTION/SECOND: Marty/Flaherty. To Approve Resolution 7325, Resolution of Appreciation
for Michael Mickelson, SBM Fire Department.
Ayes - 5 Nays - 0 Motion carried.
C. Recognition of Mary Peloquin, editor of the SOt" Anniversary Cookbook
This item was removed from the Agenda.
D. Presentation of Donation to Ralph Reeder Food Shelf
• Council Member Mueller noted that the car show as part of Festival in the Park raised $117.00
for the Ralph Reeder Food Shelf. She then presented the money to the Food Shelf.
E. Proclamation -Constitution Week September 17, 2008 to September 23,
2008
Mayor Many read the Proclamation.
7. COUNCIL BUSINESS
A. First Reading of Ordinance 813 to Rezone the Properties at 2865 County
Highway 10 and 7980 & 8020 Groveland Road from R-O, Residential Office
and R-1, Single Family Residential to R-4, High Density Residential
Mayor Marty opened the public hearing at 7:22 p.m.
Planning Associate Heller provided an overview of the project and the requested approvals.
Mike Guck 8045 Groveland Road said that he was required to maintain the 75 foot setback from
the road and he feels that they should be required to meet that also. He then said that the homes
would be forward of his shading his house. He further said that with the location of the driveway
on Groveland Road the headlights would shine into someone's home, so it should be relocated.
Mounds View City Council August 25, 2008
Regular Meeting Page 3
Mr, Guck said that he does not mind the senior housing, but feels this is being squeezed in and
will be obtrusive.
Mr. Guck said that this is one of the few areas left in the City with low crime and he is not sure
that the city needs this much housing, because he fears that existing residents will sell out and
that will increase crime.
Planner Heller explained that the Planning Commission has recommended limiting deliveries to
6:00 a.m. to 6:00 p.m. for deliveries.
Jerry Bankston of 8025 Groveland Road, which would be straight across from 8020 Groveland
Road. He then said that he would have the removal of trees and the addition of a 50 foot
building that he would have to look at. He further said that the driveway concerns him and he
would like the deliveries to come in the front door.
Mr. Bankston said that he feels the building is too big for this lot. Mr. Bankston said that he
feels that going from single family to high density concerns him, and he is worried about his
property value.
Mayor Marty said that for this type of facility there is usually a waiting list, so he does not feel
that there would be an issue with not being able to fill the units.
Kathy Guck of 8045 Groveland Road said that she is against the rezoning of this because back in
1965 her parents bought the property. and she has purchased it from them. They have built a new
house and they would not have done that if they had known there would be a three story building
next to them.
Mrs. Guck said that part of the beauty of living in Mounds View is the big lots and mature trees
and adding this three story building will greatly detract from that.
Greg Baldof of 8030 Groveland Road said that he does not want to rehash the things already
brought up. He then said that his wife and he share the same concerns about this project and
further, that this seems rushed to get it in the ground before anyone realizes this is a bad idea. He
further said that the lot is too small for the proposal and that is evidenced by the requested
variances.
Mr. Baldof asked whether the fence could be higher to protect them and whether the fence would
be maintained.
Mark Schnor of 2949 Highway 10 said that this is a PUD and that is what residents were told a
few years ago. He then said that some Council Members were worried about the developer going
away but he failed to come through. He further said that this building is too big for this area,
with the traffic and deliveries.
•
Mounds View City Council August 25, 2QQ8
Regular Meeting Page 4
Mr. Schnor said that it feels like the building is being crammed into a space that is not large
enough, making the building look out of proportion on the site.
Cindy Carvelli asked how many parking spots would be included for the building.
Staff indicated that there are approximately 28 parking stalls.
Ms. Carvelli said that there would be caregivers and family members that come to visit their
loved ones this means that there will be a need for more parking to accommodate the visitors.
She further said that there will not be enough parking as shown, and that means that people will
park on the street further affecting the neighbors.
Linda Bankston of 8025 Groveland Road said that she thinks senior housing is a valid operation
but, if you look at Oakcrest, in Spring Lake Park, there is a nice lot filled with trees that the
neighbors have really appreciated.
Mayor Marty noted that Mr. Schnorr had suggested moving west. He then said that they were
not able to work out any deal on the property to the west.
Andrea Bode of 8020 Groveland Road said that she was really hoping that this would be a win-
win situation for everyone.
Mr. Schnor asked what Council would expect to go in farther west.
Mayor Marty said that would be up to Integra Homes, as they own the property.
Hearing no further public comments, Mayor Marty closed the public hearing at 8:07 p.m.
Council Member Flaherty said that this is a large building for this property, and it truly does
seem like they used a shoe horn to fit it in. He then said that he would like to have more input
from the Developer as to why 96 units are necessary, and why this could not be reduced to a two-
story facility.
Joel Larson of Select Senior Living addressed the Council and said that they planned to match
the existing fence, and would be willing to transplant pine/evergreen trees that are 12 to 15 feet
high to further buffer the facility from neighbors. He then said that they do not feel that they
would need any more parking as, sad as it may be, they average 20 visitors at a time with a 90
unit building in West St. Paul as people do not visit their loved ones.
Mr. Larson said that the people using this building will not be driving, using the parks, or school
district as would residents of an apartment building or townhome building.
Mr. Larson indicated that he has talked with Integra Homes in an attempt to work out a deal but
• that was not possible.
Mounds View City Council August 25, 2008
Regular Meeting Page 5
Council Member Mueller asked whether the drive from the underground parking could be
continued around back for the fire access to avoid the need to have a driveway along the adjacent
property line. Mr. Larson said that the grade was too great and it would not be possible.
Mr. Larson said that he would be able to shorten the delivery times and only allow deliveries
between 8:00 a.m. and 4:00 p.m.
Council Member Mueller asked how many jobs this project would bring to the community.
Mr. Larson suggested that there would be approximately 15 to 20 positions.
Council Member Stigney said that he would like designated parking stalls for Staff, as he is
concerned with Staff shift change and parking.
Council Member Stigney asked if the parking is level or inclined underground. He then asked
about the logistics of trash removal and pickup.
Mr. Larson explained that the truck would drive down and pick it up after it is pushed out of the
building.
The Council asked Mr. Larson to consider adding more screening with taller trees.
i Terry Bangston of 8025 Groveland Road said that Joel has been very receptive to listening to
residents. He then said that this is not St. Paul and lots are bigger. He further said that the other
home discussed in Spring Lake Park is different as there is an empty lot in front of it and there
would not be at this location.
Jonathan Thomas of 8040 Groveland Road said that he would like to know what approvals are
required and what an approval means to residents. He then said that he would like to know
whether any changes could be made yet to the plans, as he would like to move the entrance as far
to the south as possible to provide a buffer to residents.
Mayor Marty noted that the City had 60 days from July 17, 2008.
Planning Associate Heller indicated that final plat approval would be next in the process if
approved tonight and there is an option for extension for another 60 days.
Clerk Administrator Ericson suggested tabling this to September 8, 2008 to allow time to amend
the plan as discussed for the 8 foot fence, more trees, and moving the driveway, and to allow
time for the input from Rice Creek and Ramsey County.
Council Member Stigney said that he would like to know the highest and best use of the property.
He then said that he feels this is not a good location on Highway 10. He further said that this is a
big mammoth building that does not fit in this location, and his preference would be to scale the
building down to half this size.
Mounds View City Council August 25, 2008
Regular Meeting Page 6
Council Member Stigney said that the parking concerns him and the size of the building is not
right for this location.
MOTION/SECOND: Marty/Mueller. To Postpone to the September 8, 2008 City Council
Meeting.
Ayes - 5 Nays - 0 Motion carried.
2. Consider Resolution 7321, a Conditional Use Permit, Development
Review, and Preliminary Plat for a Senior Housing Development on
Properties located at 2865 County Highway 10 and 7980 & 8020
Groveland Road
Because consideration of the First Reading of Ordinance 813 was postponed, the council did not
take action on this item.
B. Second Reading and Adoption of Ordinance 811, an Ordinance
Implementing a Franchise Fee on CenterPoint Energy Natural Gas
Operations within the City of Mounds View.
Finance Director Beer explained Ordinance 811 establishing the Franchise Fee on CenterPoint
Energy natural gas operations. Staff is suggesting extending the sunset to December 30, 2012.
Mayor Marty opened the public hearing at 9:10 p.m.
Charlie Hall of the Mermaid handed out information to Council. Council reviewed the
information.
Charlie Hall said that their business is down due to the smoking ban and the $12,000 in
franchise fees affects them.
Mr. Hall said that the fee that is so easy for Council to extend, drastically affects his business.
He then asked Council to consider eliminating the fee.
Tim Roche, President of the Twin Cities North Chamber of Commerce addressed the Council
regarding the franchise fee.
Bruce Sherve of CARS Bike Shop addressed Council and said that he has a lot in common with
Mr. Hall.
Pat Whelan said that the difference in New Brighton versus Mounds View for business owners
is unfair because of the franchise fee. He then said that it would be more fair to find a way to
equitably tax all residents not just business owners.
Mounds View City Council August 25, 2008
Regular Meeting Page 7
Richard Sonterre of 5060 Red Oak Drive addressed Council and said that he chairs the public
policy committee for the Chamber, and one of there concerns is that the tax is unfair,
unwarranted and they would like a phased elimination.
Hearing no further public comments, Mayor Marty closed the public hearing at 9:57 p.m.
Council Member Flaherty indicated that it is 4% for everyone whether they are a resident or
business owner. He then said that he would like the City to look at this annually and review to
see what happens if the City drops the franchise fee by .25% year by year.
Council Member Mueller said that times are tough all over and she would like to support the
businesses, however, there are needs that have to be funded so the City needs to come up with
other ideas as to how to make up for the difference in franchise fees.
Council Member Hull indicated that Council discussed this topic at a work session. He then
said that he would like to go down to 3.5% and slowly wean the City off this tax. He further
asked if it would be doable to come up with the $77,000 in the budget somewhere.
MOTION/SECOND: Stigney/Mueller. To Waive the Reading and Adopt Ordinance 811 an
Ordinance Implementing a Franchise Fee on CenterPoint Energy Natural Gas Operations within
the City of Mounds View and Approve the Ordinance Summary for Publication.
Council Member Stigney indicated that he would like to wean the City off this tax but it is not
going to be resolved at this meeting.
Council Member Flaherty would like to see it decrease to 3.75%.
Mayor Marty indicated that he had previously asked at the work session several months ago that
the business owners and concerned residents work with staff to see what they could come up
with to run the City and pay for the street program instead of using a franchise fee.
Mayor Marty noted that Staff discussed capping the fee because of increasing energy costs.
MOTION/SECOND: Marty/Hull. To Amend the Franchise Fee to 3.75% for the Year 2009.
Council Member Mueller said that the City is taking on two very ambitious street and utility
projects for 2009, and this may not be the right time to scale back on the Franchise fee.
Ayes - 3 Nays - 2(Stigney/Mueller) The Amendment carried.
ROLL CALL: Mueller/Flaherty/Hull/Stigney/Marty
Ayes - 4 Nays -1(Stigney) Motion as amended carried.
•
Mounds View City Council August 25, 2008
Regular Meeting Page 8
C. Second Reading and Adoption of Ordinance 812, an Ordinance
Implementing a Franchise Fee on Xcel Energy Electric and Natural Gas
Operations within the City of Mounds View.
Mayor Marty opened the public hearing at 10:40 p.m.
Mr. Hall apologized for raising his voice to Council Member Hull earlier in the evening.
Hearing no further comments, Mayor Marty closed the public hearing at 10:42PM.
MOTION/SECOND: Mueller/Flaherty. To Waive the Reading and Adopt Ordinance 812, an
Ordinance Implementing a Franchise Fee on Xcel Energy Electric and Natural Gas Operations
within the City of Mounds View.
MOTION/SECOND: Flaherty/Marty. To Amend the Franchise Fee to 3.75%.
Council Member Mueller said that she feels this is about one year premature due to the situation
of the budget and the commitments of the upcoming street and utility projects.
Mayor Marty said that this is not being done just for the businesses, this is for everyone in the
City because everyone pays this fee.
Ayes - 3
Nays - 2(Stigney/Mueller) Amendment carried.
ROLL CALL: Flaherty/HulUStigney/Mueller/Marty
Ayes - 3 Nays - 2(Stigney/Mueller) Motion as amended carried.
D. Resolution 7323, Authorizing Step Increases for Mary Springer
(Receptionist) and Vanessa VanAlstine (Cable TV Coordinator), and Officer
Nick Erickson (MVPD)
MOTION/SECOND: Marty/Hull. To Extend the Meeting to 11:15 p.m.
Ayes - 5
Nays - 0
Motion carried.
Clerk Administrator Ericson read Resolution 7323.
MOTION/SECOND: Mueller/Hull. To Approve Resolution 7323, Authorizing Step Increases
for Mary Springer (Receptionist) and Vanessa VanAlstine (Cable TV Coordinator), and Officer
Nick Erickson (MVPD).
Ayes - 5
Nays - 0
Motion carried.
Mounds View City Council August 25, 2008
Regular Meeting Page 9
E. Resolution 7324 Accepting a Donation from Bethlehem Baptist Church and
Authorizing Disbursement of Funds as Specified.
Clerk Administrator Ericson reviewed the donation and requested disbursement from Bethlehem
Baptist Church.
MOTION/SECOND: Mueller/Hull. To Waive the Reading and Approve Resolution 7324
Accepting a Donation from Bethlehem Baptist Church and Authorizing Disbursement of Funds
as Specified.
Council Member Stigney asked whether funds in lieu of taxes would have any constraints on
how they are expended.
City Attorney Riggs indicated that these types of contributions have been made in the past.
Council and Staff discussed approaching Bethlehem Baptist Church to discuss City needs for the
next disbursement.
Ayes - 5 Nays - 0 Motion carried.
F. Resolution 7326 Authorizing an Increase of Event Center Rates for 2009
• Finance Director Beer reviewed the suggested increases.
Mayor Marty suggested increasing rates for non-residents by 7% and increasing rates for
residents by only 3%.
MOTION/SECOND: Stigney/Marty. To Waive the Reading and Approve Resolution 7326
Authorizing an Increase of Event Center Rates for 2009 as Amended to 7% for Non-Residents.
Ayes - 5 Nays - 0 Motion carried.
G. Resolution 7327 Approving Additional Preliminary Design Issues Regarding
Red Oak Drive and Hillview Road in the 2009-2010 Street and Utility
Improvement Project.
Joe Rhein, consulting engineer with Bonestroo reviewed the additional preliminary design issues
regarding Red Oak Drive and Hillview Road.
MOTION/SECOND: Mueller/Hull. To Waive the Reading and Approve Resolution 7327
Approving Additional Preliminary Design Issues Regarding Red Oak Drive and Hillview Road
in the 2009 - 2010 Street and Utility Improvement Project.
Mayor Marty expressed concern with the mailboxes and mail delivery with parking on that side
of the street.
Mounds View City Council August 25, 2008
Regular Meeting Page 10
•
Ayes - 5 Nays - 0 Motion carried.
H. Resolution 7328 Establishing the Appeal Parameters of the Stormwater
Infiltration Program (SIP).
Mr. Rhein reviewed the policy establishing parameters for the appeal process.
Mayor Marty thanked the street committee for the work on this appeal process.
MOTION/SECOND: Stigney/Mueller. To Waive the Reading and Approve Resolution 7328,
Establishing the Appeal Parameters of the Stormwater Infiltration Program (SIP).
Ayes - 5 Nays - 0 Motion carried.
8. CONSENT AGENDA
A. Licenses for Approval
B. Set a Public Hearing for Monday, September 8, 2008 at 7:05 p.m., First
Reading of Ordinance 814 to Amend Zoning Code Chapter 1120, adding a
Section for Senior Housing Developments
MOTION/SECOND: Mueller/Stigney. To Approve Consent Agenda Items A, D, and E.
Ayes - 5 Nays - 0 Motion carried.
9. JUST AND CORRECT CLAIMS
Mayor Marty asked for clarification on the Bonestroo billing for the Streets Committee.
Mr. Rhein explained that they are preparing agendas for the meetings for the committees.
Mayor Marty asked about Page 4, Joe Bous for a driveway.
Finance Director Beer indicated that a water shut off repair was done under his driveway and the
City paid to replace it.
Council Member Flaherty asked about the Panasonic reference. It is for the new projectors for the
Community Center.
Mayor Marty asked about the invoice for Longview Estates from the City Attorney.
Clerk Administrator Ericson indicated that the property owner of Longview Estates asked how
many stubs were put into the property and whether he was guaranteed the same number of
properties.
Mounds View City Council August 25, 2008
Regular Meeting Page 11
•
Council Member Mueller asked about the Fall newsletter.
Finance Director Beer indicated that an outside service puts together the Fall newsletter.
Mayor Marty asked about the $873.00 for registration.
Finance Director Beer indicated that is registration for Ken Roberts to attend the program
coordinated by Don Salverda.
MOTION/SECOND: Mueller/Hull. To Approve Just and Correct Claims as presented.
Ayes-5
Nays - 0
Motion carried.
MOTION/SECOND: Marty/Hull. To Extend the Meeting to 11:40 p.m.
MOTION/SECOND: Mueller. To Extend the Meeting to 11:45. Motion failed for lack of a
second.
Ayes - 4 Nays -1(Mueller) Motion carried.
10. APPROVAL OF MINUTES
A. July 28, 2008 City Council Minutes
Mayor Marty indicated that on Page 5 it should state that Council Member Mueller "noted".
Council Member Mueller, Page 3, Line 36 should read "that at this point we do not know the cost
of the chokers and the increased street maintenance expense". If they were added to the design,
we would pay fees again to have them engineered out.
Council Member Mueller, Page 4, Line 7, Juliane Love of 7900 Sunnyside Road. Page 5, Line
27, Council Member Stigney said "that the combined insurance value is". Page 9, Line 27, insert
the word soda. Line 31 should be continued to include half of Line 33. Council Member
Mueller indicated that volunteers are needed to help with the Festival in the Park. She then
reminded everyone that the first 100 cars registered would receive a goodie bag. Then insert that
the City Administrator noted the retreat schedule. Page 10, Line 3 should be report of City
Administrator.
Mayor Marty Page 11, Line 1 "Clerk Administrator Ericson". Line 4, asked if the sale of a
portion of the Mermaid property went through. Line 5 Ericson noted that the sale did not go
through as far as he is aware and the sign took an electronic surge.
Council Member Stigney, Page 4, Line 19 $2,675 is the donation. Line 22, $5,260 from
Bethlehem Baptist Church insert.
Mounds View City Council August 25, 2008
Regular Meeting Page 12
•
MOTION/SECOND: Mueller/Hull. To Approve the July 28, 2008 Meeting Minutes as
Amended.
Ayes - 5
Nays - 0
Motion carried.
B. August 11, 2008 Executive Session Minutes
MOTION/SECOND: Marty/Hull. To Approve the August 11, 2008 Executive Session Minutes
as Presented.
Ayes - 5 Nays - 0 Motion carried.
11. REPORTS
A. Reports of Mayor and Council
Mayor Marty said that he felt the Festival in the Park went well.
Sherry Gunn thanked the Festival in the Park Committee for their work and many volunteer
hours that were contributed to make the Festival in the Park a success.
Council Member Flaherty indicated that the Council received letters of commendation for
Investigator Leitch, Officer Gerringer. He then thanked the officers for the quick action to save a
life.
Council Member Mueller thanked the Festival in the Park Committee for an excellent Festival in
the Park 50~' Anniversary Celebration. Cookbooks are still available.
Council Member Mueller read her report on Festival in the Park.
B. Reports of Staff
1. Budget and Tax Levy Update
Finance Director Beer provided an update on the budget process to date.
C. Reports of City Attorney
None.
12. Next Council Work Session: Tuesday, September 2, 2008, at 7:00 p.m.
Next Council Meeting: Monday, September 8, 2008, at 7 p.m.
Mounds View City Council August 25, 2008
Regular Meeting Page 13
13. ADJOURNMENT
The meeting was adjourned at 11:50 p.m.
Transcribed by:
Joan Lenzmeier
Timesaver Off Site Secretarial, Inc.
•