Loading...
HomeMy WebLinkAboutMinutes - 2008/09/22PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOT Regular Meeting September 22, 2008 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 7:00 P.M. 1. MEETING IS CALLED TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Marry, Stigney, Hull, Flaherty (not present), and Mueller NOT PRESENT: None. 4. APPROVAL OF AGENDA Clerk Administrator Ericson noted that Item 8J, Resolution 7341 was added to the Agenda. A. Monday, September 22, 2008, City Council Agenda MOTION/SECOND: Mueller/Hull. To Approve the Monday, September 22, 2008 Agenda as Amended. Ayes - 4 Nays - 0 Motion carried. 5. PUBLIC INPUT Tom Winiecki of 2748 Sherwood Road asked the Council when the letter would go out to the citizens that are affected by the rain gardens. Joe Rhein, consultant engineer with Bonestroo, indicated that a draft went out to the Committee and that will be reviewed by staff and, once reviewed and revised, the letter will be sent out to residents. Ken Glidden of 5240 Edgewood Drive asked when the next budget session is scheduled. Finance Director Beer indicated the next worksession is October 6, 2008. • Mr. Glidden asked how the predicted shortfall is being handled. Mounds View City Council September 22, 2008 Regular Meeting Page 2 Finance Director Beer indicated that there was a transfer of $248,000 from the levy reduction fund. Mr. Glidden asked whether reduction in property values will affect the budget. Finance Director Beer indicated that the impact shows up in 2010 as the 2009 market value has already been sent. Dan Mueller of 8343 Groveland Road noted that at one of the last meetings the franchise fee was reduced by .25%. He then said that he understood that the money goes to roads and it goes to public safety and he would like to know why some voted not to reduce and some voted to reduce franchise fees. Mayor Marty indicated that, in 2005, the City came into money when the golf course was sold, and he wanted to use that as a starting point to start reducing the franchise fee but that did not go anywhere. He then said that he had been approached years before the golf course was sold regarding the franchise fee and, he feels, that it is time to reduce the franchise fee, even if slightly. Mr. Mueller indicated that residents are expecting that their streets are going to be fixed and it concerns him that the franchise fee was reduced because that was to be one of the funding sources for the roads. Mr. Mueller said that he would present a check in the amount of $4.56 to the City to contribute toward the road project with his franchise fee savings. Mayor Marry indicated that the franchise fee was reduced by .25% which is approximately $39,000., annually. Half of the franchise fee goes toward streets and the other half goes into the general fund to assist with funding the operations of the City, and that the franchise fee come up every year in the budget process, and it will be up to each Council every year to determine if it is reduced or not. Council Member Stigney said that the biggest benefactor of the franchise reduction is Medtronic. 6. SPECIAL ORDER OF BUSINESS A. Award to Steven Petty -Mayor's Choice Award -Car Show Mayor Marry presented an award to Steven Petty for the Mayor's Choice at the Festival in the Park Car Show. B. Constitution Week Sept 17 - 23 Reminder w Mayor Marty announced Constitution Week September 17 - 23, 2008. Mounds View City Council September 22, 2008 Regular Meeting Page 3 7. COUNCIL BUSINESS A. 7:OSpm Public Hearing to Consider a Major Subdivision and PUD Amendment to Add "Retail" as an Allowed Use at the Mermaid, 2200 County Highway 10. Planner Heller provided an overview of the requested major subdivision and PUD amendment to add retail as an allowed use at the Mermaid. She then said that the developer has requested a third lot be added just two hours before this meeting. Therefore, staff recommends that this matter be tabled to allow time for staff to review the request and discuss it with both the City Attorney and the developer's attorney. Mayor Marty opened the public hearing. Barb Haake of 3025 County Road I said that she was a part of the Rice Creek Watershed work on this parcel in the past. Ms. Haake asked what has changed in the Ordinance that would allow reduction in parking. Planner Heller indicated that she is not sure of the intentions of the owners with regard to selling but cross access parking will be a necessary requirement no matter what the intent. Community Development Director Roberts indicated that there was talk of a coffee shop with a drive through but that is all speculative. He then said that cross easements for parking would need to be recorded with the plat, if the project moves forward. Ken Glidden of 5240 Edgewood Drive asked if there is any experience with shared ownership of commercial property in the City and how it works. Clerk Administrator Ericson indicated that the Mermaid is recorded as a separate lot, and the AmericInn Hotel is a separate lot as well. Dan Mueller, 8343 Groveland Road, said that the City has TIF districts and that would be an area that already has or is eligible for TIF money, so he is wondering if that means that new construction would be eligible. Finance Director Beer provided an explanation of the TIF district structure, and that TIF had not been requested for this project. Council Member Mueller indicated that, regarding the 60-day rule, she is concerned that the City would be held to October 26 for making a decision, even if the company is the one making last minute changes. She then asked if the clock resets now that the plan was changed. Community Development Director Roberts noted that the retail piece of this project would be subject to the existing 60 day rule but the other piece, since the request was changed, would have 60 days from the submittal. He then said that, if staff cannot obtain all of the information in time to meet the Planning Commission and Council schedule, an extension can be requested. Council Member Mueller indicated that she would like to obtain an extension. MOTION/SECOND: Mueller/Stigney. To Obtain a 60 Day Extension. Mounds View City Council September 22, 2008 Regular Meeting Page 4 Mayor Marty noted that the applicants came in with a last minute change and that is the reason for the extension. Ayes - 4 Nays - 0 Motion carried. MOTION/SECOND: Marty/Mueller. To Continue the Public Hearing to October 13, 2008. Ayes - 4 Nays - 0 Motion carried. B. Second Reading and Adoption of Ordinance 814, Amending Zoning Code Chapter 1120.03, Subd. 1, adding a Section for Senior Housing Developments. (ROLL CALL VOTE) Planner Heller reviewed Ordinance 814, amending the Zoning Code to allow for senior housing developments. Clerk Administrator Ericson indicated that Council Member Flaherty has asked for clarification as to what the rationale would be for going with two acre minimums. Community Development Director Roberts noted that the two acres was originated with the Planning Commission because it would give developers more flexibility and more opportunities to build senior housing. MOTION/SECOND: Mueller/Hull. To Waive the Reading and Adopt Ordinance 814, Amending Zoning Code Chapter 1120.03, Subd. 1, adding a Section for Senior Housing Developments. Council Member Stigney indicated that Item 1 says the building must have 60% designated for assisted living, Alzheimer's or memory care. He then said that he thinks that independent living should be included. He then said that he thinks the area requirement should stay at three acres. Council Member Stigney indicated that nursing homes and memory care seems new to him. Planner Heller indicated that the word nursing homes is currently in the code. Council Member Stigney indicated that he is opposed to the parking as recommended and cannot support the Ordinance. Mayor Marty indicated that there are three different sites with independent living in the City at this time. ROLL CALL: Mueller/Hull/Stigney/Marty Ayes - 3 Nays - 1(Stigney) Motion carried. Mounds View City Council September 22, 2008 Regular Meeting Page 5 C. Second Reading and Adoption of Ordinance 808, an Ordinance Adding a New Chapter 611 to the City Code Relating to Outdoor Special Events. (ROLL CALL VOTE) Clerk Administrator Ericson reviewed Ordinance 808 regulating special events. He then explained that private events do not require a permit. Barbara Haake asked whether block parties would need a permit and whether National Night Out gatherings would be subject to the permit also. Clerk Administrator Ericson indicated that this was not intended to apply to National Night Out or other block parties. He then said that, if the general public is not invited to attend, then a special events permit is not necessary. MOTION/SECOND: Mueller/Hull. To Waive the Reading and Adopt Ordinance 808, an Ordinance Adding a New Chapter 611 to the City Code Relating to Outdoor Special Events and Publication of an Ordinance Summary. ROLL CALL: Mueller/Hull/Stigney/Marty Ayes - 4 Nays - 0 Motion carried. D. Resolution 7334, a Resolution Requesting a Time Extension for Completing the 2008 Comprehensive Plan Update. Community Development Director Roberts noted that Staff has been working on the Comprehensive Plan update but will not be able to meet the required deadlines. He then explained that there is a process that can be followed to request an extension. MOTION/SECOND: Mueller/Stigney. To Waive the Reading and Approve Resolution 7334, a Resolution Requesting a Time Extension for Completing the 2008 Comprehensive Plan Update. Ayes - 4 Nays - 0 Motion carried. E. Introduction and First Reading of Ordinance 815, an Ordinance Amending Sect. 702.01, Subd 13 Relating To Crimes Against Public Safety And Health Clerk Administrator Ericson explained that Ordinance 815 is a Code amendment recommended by the prosecuting attorney to address the ambiguity and add language clarifying that the discharge of firearms within City limits is not allowed. Council Member Mueller asked how this plays into her constitutional right to bear arms. Mayor Marty noted that in self defense on your own property it would not be an issue. Attorney Riggs indicated that cities have the ability to not allow discharge of firearms within the City limits. Mounds View City Council September 22, 2008 Regular Meeting Page 6 MOTION/SECOND: Marty/Mueller. To Waive the Reading and Introduce the First Reading of Ordinance 815, an Ordinance Amending Section 702.01, Subd. 13 Relating to Crimes Against Public Safety and Health. Ayes - 4 Nays - 0 Motion carried. F. Resolution 7336 Approving Traffic Calming Elements on Red Oak Drive for the 2009-2010 Street and Utility Improvement Project. Joe Rhein, consulting engineer with Bonestroo, explained the design elements for traffic calming measures on Red Oak Drive. The recommendation was reviewed at a work session and the plan is before Council for approval by Resolution. The two primary elements are chokers, and the placement of crosswalk pavement markers. Council Member Mueller asked whether the cost estimate for the chokers was $32,000 for 8 and $36,000 for 9 chokers. Mr. Rhein indicated that is the current estimate. Mayor Marty indicated he would be fine with the way the Resolution reads as it does not preclude the fact that, six years from now, the City could amend the plan and add another choker if that is deemed appropriate at the time. Council Member Mueller said that she is discouraged that the funding mechanism is not in place and, she does not believe that a choker has been proven to be an effective traffic calming measure. MOTION/SECOND: Mueller/Hull. To Waive the Reading and Approve Resolution 7336, Approving Traffic Calming Elements on Red Oak Drive for the 2009 - 2010 Street and Utility Improvement Project. Council Member Stigney indicated he has concerns about the traffic calming recommendations. Mayor Marty indicated that Red Oak Drive and Groveland have, historically, been the most consistent with traffic and speeding issues. This is the first street being reconstructed and this is something that has been recommended as a way to slow traffic. Valerie Amundsen indicated that the Streets Committee discussed the budget for the projects and then discussed the fast moving traffic along a pedestrian route. Council Member Stigney indicated that he feels the locations should be set. Council Member Mueller said that she hopes that traffic does not get rerouted to Eastwood and Groveland once the chokers are installed. • Mounds View City Council September 22, 2008 Regular Meeting Page 7 . Clerk Administrator Ericson noted that Council Member Flaherty had commented that he does not feel that nine chokers would be necessary. Ayes - 4 Nays - 0 Motion carried. G. Resolution 7338 Approving the Policy to Address Non-Conforming Driveways within the Street and Utility Improvement Program. Joe Rhein, consulting engineer with Bonestroo, provided an overview of Resolution 7338 which addresses non-conforming driveways within the street and utility improvement program. Mayor Marry indicated that he likes the curb cut request application and would like to see staff utilize that. He then said that he received feedback from people who were grandfathered in with a second curb cut and there was a policy, during assessing for streets, that seniors could have costs deferred. Council Member Mueller said that she does not think it fair to limit the deferral to seniors only. Mayor Marty indicated that it was not just limited to seniors. Clerk Administrator Ericson said that there are no assessments so it would be payments that would need to be deferred and Staff would need to look into how to implement any type of deferral process. Attorney Riggs explained that deferrals are limited by state statute. Mike Read of 2208 Lois Drive indicated that he put a garage on the slab that already existed but has no driveway there and he could not, based on some of the conditions listed, have a second curb cut. Mr. Read said that he does not see why he could not have a second curb cut. Mayor Marty explained that the garage he constructed on his property was approved with the condition that there be no second curb cut and that is why. Clerk Administrator Ericson explained that a variance request is an option but, hardship would need to be proven to the Planning Commission and City Council. D. MOTION/SECOND: Marty/Mueller. To Waive the Reading and Approve Resolution 7338 Approving the Policy to Address Non-Conforming Driveways within the Street and Utility Improvement Program as Amended during discussions with Joe Rhein. Council Member Mueller said that she is concerned about a resident on Red Oak Drive and if she would like two accesses as she wants a horseshoe shaped drive and she wonders how the process would work. Mounds View City Council September 22, 2008 Regular Meeting Page 8 Clerk Administrator Ericson said that property owners could have driveways done during the project and, any additional curb cuts approved by the Planning Commission or Council, would need to be added to the plan. Ayes - 4 Nays - 0 Motion carried. E. Resolution 7339 Authorizing the Preliminary Survey Activities for Area C of the Street and Utility Improvement Program. Joe Rhein, consulting engineer with Bonestroo, explained that Staff is working with Rice Creek Watershed District to eliminate the need for regional ponding and the need to acquire property and place a pond in backyards. The plan will be presented to the Rice Creek Watershed District Board, and the hope is that it will be approved and Staff could eliminate the pond from the plan. This would be a fall back plan, to do a preliminary survey for Area C, in the event that the pond issue is not resolved in time to avoid delaying the project. Mayor Marty indicated that he is hopeful that the pond would not be required and applauds the Committee and Staff for being proactive in this approach. Valerie Amundsen said that she does not want to lock the City into a project for Area C as the hope is that the pond is not going to be necessary. Barbara Haake said that she was at the meeting on this matter with Rice Creek Watershed District and noted that the rules are more flexible than they have been before. She then said that if the same quantity of water can be handled in other ways that the pond should be able to be eliminated. She also said that Rice Creek Watershed District is open to working with the City. Council Member Mueller asked how the City would fund the survey at this point in time when it was planned for a year from now. Mr. Rhein indicated that there will be a cost savings for the overall project if the City can get the boulevard infiltration approved. MOTION/SECOND: Stigney/Mueller. To Waive the Reading and Approve Resolution 7339 Authorizing the Preliminary Survey Activities for Area C of the Street and Utility Improvement Program. Council Member Stigney indicated he watched this discussion at the Streets Task Force meeting and he feels the Task Force did an excellent job. Ayes - 4 Nays - 0 Motion carried. Council considered Just and Correct Claims at this time. Mounds View City Council September 22, 2008 Regular Meeting Page 9 • .J H. Resolution 7337 Approving a Labor Agreement with the Mounds View Public Works Bargaining Unit for 2008 - 2009 Clerk Administrator Ericson presented Resolution 7337, Approving a Labor Agreement with the Mounds View Public Works Bargaining Unit for 2008 - 2009. MOTION/SECOND: Marty/Mueller. To Waive the Reading and Approve Resolution 7337, Approving a Labor Agreement with the Mounds View Public Works Bargaining Unit for 2008 - 2009. Ayes - 3 Nays -1(Stigney) Motion carried. 8. CONSENT AGENDA A. Licenses for Approval B. Resolution 7324, Authorizing a One Day Charitable Gambling Permit (Raffle) for the New Brighton/Mounds View Rotary Club on Apri13, 2009, located at The Mermaid. C. Set a Public Hearing for Monday, October 13, 2008 at 7:lOpm to Consider Reassessment of the H2 and 2003 Street Project Areas. D. Set a Public Hearing for Monday, October 13, 2008 at 7:15pm to Consider Assessments for Delinquent Utility Bills. E. Set a Public Hearing for Monday, October 13, 2008 at 7:20pm to Consider Assessments for Diseased Trees. F. Set a Public Hearing for Monday, October 13, 2008 at 7:25pm to Consider Assessments for Abated Properties. G. Resolution 7333 Approving Lease Agreement Amendment #3 with Verizon Wireless for the Installation of a Generator at the Water Tower Site. H. Resolution 7335, Authorizing a Request for a MnDOT Cooperative Agreement Project at the Intersection of County Highway 10 and County Road H. I. Set a Public Hearing for Monday, November 24, 2008 at 7:05 p.m., to Consider the 2009 Mounds View Fee Schedule. J. Resolution 7341, a Resolution Authorizing the Mounds View Police Department to Enter into a Grant Agreement with the Minnesota Department of Public Safety, Office of Traffic Safety, for the Safe and Sober Project from October 1, 2008 through September 30, 2009. Council member Mueller requested that Item J be removed for discussion. Council Member Stigney requested that Item G be removed for discussion. . Mayor Marty removed Item C for discussion. Mounds View City Council September 22, 2008 Regular Meeting Page 10 . MOTION/SECOND: Mueller/Hull. To Approve Consent Agenda Items A, B, D, E, F, H, and I as Presented. Ayes - 4 Nays - 0 Motion carried. C. Set a Public Hearing for Monday, October 18, 2008 at 7:lOpm to Consider Reassessment of the H2 and 2003 Street Project Areas. Mayor Marty noted that this is a reassessment public hearing and invited residents to attend. MOTION/SECOND: Marty/Mueller. To Approve Consent Agenda Item C, Setting a Public Hearing for Monday, October 18, 2008 at 7:10 p.m. to Consider Reassessment of the H2 and 2003 Street Project Areas. Ayes - 4 Nays - 0 Motion carried. G. Resolution 7333 Approving Lease Agreement Amendment #3 with Verizon Wireless for the Installation of a Generator at the Water Tower Site Council Member Stigney indicated that he would like to see some compensation for allowing this and he would like to see maintenance spelled out as well as restoration of the area once the • installation is completed. He further said that the City should be reimbursed for the request to install this many feet through City property. MOTION/SECOND: Stigney/Many. To Direct Staff to request Adequate Reimbursement for Use of City Property and Postpone Resolution 7333. Ayes - 4 Nays - 0 Motion carried. J. Resolution 7341, a Resolution Authorizing the Mounds View Police Department to Enter into a Grant Agreement with the Minnesota Department of Public Safety, Office of Traffic Safety, for the Safe and Sober Project from October 1, 2008 through September 30, 2009. Council Member Mueller indicated that she discussed this with the Chief today. She then read background information on the program and then congratulated the Police Department. MOTION/SECOND: Mueller/Many. To Waive the Reading and Approve Resolution 7341, a Resolution Authorizing the Mounds View Police Department to Enter into a Grant Agreement with the Minnesota Department of Public Safety, Office of Traffic Safety, for the Safe and Sober Project from October 1, 2008 through September 30, 2009. Ayes - 4 Nays - 0 Motion carried. • Mounds View City Council September 22, 2008 Regular Meeting Page 11 • In regards to Item H, Mayor Marty suggested working with Arden Hills cooperatively or with a letter of support for upgrading the County Road 10 -County Road H intersection. 9. JUST AND CORRECT CLAIMS (This item was handled after Item 7H.) Council Member Mueller asked if the invoice from Game Time was for all equipment installed in the City Hall park. Staff confirmed this to be the case. Council Member Mueller asked if the "Vote Here" sign could be reused for subsequent elections. Staff responded affirmatively. Mayor Marty asked about other professional services for the City Attorney and asked whether the development projects would be billed back to the property owners. Clerk Administrator indicated that all those that relate to development situations would be billed to the property owner. Council Member Mueller asked about the soccer equipment and what park it was for. • Staff indicated it was equipment for Oakwood Park. Council Member Mueller asked about the water break charge from Dave Perkins Contracting. Finance Director Beer explained where the water break was and indicated it may be necessary to increase the water utility fee as the City has exceeded the amount taken in for repairs this year. MOTION/SECOND: Mueller/Hull. To Approve Just and Correct Claims as presented. Ayes - 4 Nays - 0 Motion carried. 10. APPROVAL OF MINUTES A. August 11, 2008 City Council Meeting Minutes Mayor Marty, Page 3, Line 45 there is no record of the vote should be added and Page 9, Line 4. Page 16 remove "to help". Page 8, Line 24, add to continue. Page 9, Line 18, insert "was". Line 19, Page 10, clarify the comment. Line 42, correct Sheriff. MOTION/SECOND: Mueller/Hull. To Approve the Minutes of August 11, 2008, as Amended Ayes - 4 Nays - 0 Motion carried. Mounds View City Council September 22, 2008 Regular Meeting Page 12 'i B. September 8, 2008 Executive Session Minutes MOTION/SECOND: Mueller/Hull. To Approve the September 8, 2008 Executive Session Minutes as Presented. Ayes - 4 Nays - 0 Motion carried. 11. REPORTS A. Reports of Mayor and Council Mayor Marty asked whether there has been a result for the salary and compensation survey. Clerk Administrator Ericson indicated that he would be meeting with Sharon and will pass along the update to the council as soon as possible. Mayor Marty indicated that he would like to work on the contract with the Banquet Center Coordinator for next year. He then said that he would like to look at the contract with the YMCA as well. Council Member Mueller indicated that scouting lost an important member of its community as Cheryl Evans passed away from cancer. Council Member Mueller read a letter thanking officers for their assistance with a suicidal person. Council Member Mueller indicated that Paul Rignell has provided three issues of the Sun Focus and he would like Council to see that in Columbia Heights/Fridley edition dated September 11, 2008 there is a copy of the man who won a trophy in the car show. In the Blaine edition the winner from Blaine is shown, and the people's choice award winner is in the Mounds View copy. Council Member Stigney indicated that it is his understanding that, at the very next meeting after a closed session, the Council is to report on its closed session. He then commented that it is past 10:00 p.m. MOTION/SECOND: Stigney/Marty Summary of the Closed Session. To Extend the Meeting to Allow for Comment and Ayes - 4 B. Reports of Staff Nays - 0 Motion carried. Clerk Administrator Ericson noted that prior to the EDA meeting an executive session was held to review the performance of the City Administrator. He then summarized that Council determined his performance to be satisfactory and also provided a few opportunities to grow and improve in his performance as the City Administrator. Mounds View City Council September 22, 2008 Regular Meeting Page 13 • Council Member Stigney indicated that the review was satisfactory or better. Clerk Administrator Ericson noted that the mini retreat is scheduled for 6:00 p.m. at Random Park, next Monday, September 29, 2008. Mayor Marty noted that there was an article in the September 8, 2008 edition of the Star Tribune suggesting that cities and counties handle their business away from the camera. He then said that, though the meetings may go long, all business is conducted publicly before the cameras and is open to the public. C. Reports of City Attorney • Attorney Riggs provided an update and noted that the Silver Lake Woods Townhome Association residents are concerned with the increased costs provided by the City Engineer for their proposed project. 12. Next Council Work Session: Next Council Meeting: Monday, October 6, 2008, at 6:00 p.m. Monday, October 13, ZOOS, at 7:00 p.m. 13. ADJOURNMENT The meeting was adjourned at 10:18 p.m. Transcribed by: Joan Lenzmeier Timesaver Off Site Secretarial, Inc. •