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HomeMy WebLinkAboutMinutes - 2008/10/13r PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA egular Meeting October 13, 2008 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 7:11 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 Clerk Administrator Ericson noted that three items were added to the Agenda this afternoon. A. Monday, October 13, 2008, City Council Agenda MOTION/SECOND: Mueller/Hull. To Approve the Monday, October 13, 2008 Agenda as Amended. Ayes - 5 Nays - 0 Motion carried. 5. PUBLIC INPUT Mike Read commented that the City is spending almost $40,000 for Red Oak Drive chokers but hardly anything for the rest of the residents. Mayor Marty explained that there are standards that were set for the community and that is what Council and Staff are following. The traffic calming is an attempt to slow traffic through the community for safety of the residents. Mayor Marty indicated that when the curb cut comes up for Mr. Read's property he is welcome to come to City Hall and discuss it. 6. SPECIAL ORDER OF BUSINESS A. Special Recognition of Mary Peloquin, Editor of the 50th Anniversary Mounds View City Council October 13, 2008 Regular Meeting Page 2 Cookbook Council Member Mueller thanked Mary Peloquin for her work on the 50~' Anniversary Cookbook. B. Proclaim October 20-24, 2008 as Minnesota Manufacturer's Week in Mounds View Mayor Marty read the Proclamation declaring October 20 - 24 as Minnesota Manufacturer's Week in Mounds View. There will be an open house October 22, 2008 from 8:30 to 9:30 a.m. at C.G. Hill and Sons in honor of Minnesota Manufacturer's week. Contact Heidi Steinmetz at City Hall if anyone would like to attend. C. Presentation by Dave Looby, Executive Director of Visit Minneapolis North Mr. Looby appeared before Council and provided information on Visit Minneapolis North. Council Member Mueller asked when the new brochure would be printed. Mr. Looby indicated that they are going to be printing 10,000 visitor's guides to get by. Council Member Mueller indicated that the City has a couple of new restaurants to add to the brochure. Mr. Looby indicated that when the brochure is updated they will contact the City for updates. D. City Bond Rating Upgrade -Presentation by Ehlers Shelly Eldridge of Ehlers appeared before Council and provided an update on the City's bond rating upgrade, and present the council with a commemorative plaque. 7. COUNCIL BUSINESS A. Continued 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 allow retail as an allowed use at the Mermaid. Planner Heller indicated that Staff recommends a park dedication fee be applied to the 1.4 acre • with the difference between the 2000 and 2008 value being charged, because a park dedication fee was paid on the entire site in 2000. Mounds View City Council October 13, 2008 Regular Meeting Page 3 Barbara Haake of County Road I indicated that she would like to know how the parking will be affected with the reduction in parking. She then said that she objects to the lowering of the parking. Ken Glidden of 5240 Edgewood Drive said that it is hard to tell what the benefits would be. He then said that he would hope that there is fairness in treatment of these applicants as well as conformance to the Code. Sherry Gunn attended on behalf of the Planning Commission and noted that they reviewed this proposal and parking was carefully considered by the Planning Commission, and determined that the plan, as proposed, is adequate for parking. Hearing no further comments, Mayor Marry closed the public hearing at 8:05 p.m. Council Member Mueller asked where a drive through type of business would be located on the plan. Clerk Administrator Ericson indicated that this request is to create the parcel and, once created, the developer would need to create a site plan for consideration of approval. Council Member Flaherty commented that he does not believe parking is a big issue as he has not seen the parking lot too full. The park and ride lot may need to be removed to accommodate necessary parking. Dan Hall pointed out that the hotel was designed for four floors and only was built as three. Mayor Marty said that he goes past the Mermaid all the time and he has seen the parking lot relatively empty and, at other times, there are quite a few cars parked there. However, there are always parking stalls available. Mayor Marry said that he has never seen the parking lot full and the types of development being proposed to be brought in does not seem to be the type to create large amounts of traffic as there is not the space for it. Mayor Marty indicated that he is concerned about the Park and Ride lease and the ability to move the cars around back, or the fact that the lease is year to year and can be eliminated if necessary, and would like that listed in the resolution. MOTION/SECOND: Flaherty/Mueller. To Waive the Reading and Approve Resolution 7340, A Resolution Approving the Preliminary Plat and PUD Amendment to Allow Retail with the addition of Park and Ride Stipulations. Community Development Director Roberts suggested that the Park and Ride stipulation be added as a condition of approval rather than as suggested as an item 8. Mounds View City Council October 13, 2008 Regular Meeting Page 4 MOTION/SECOND: Mayor Marty/Mueller. To Amend to Include the Park and Ride to Item 3 in the Resolution. Ayes - 5 Nays - 0 Amendment carried. Council Member Mueller said that she is wondering how many jobs would be created at this site. Planner Heller suggested approximately 20. Ayes - 5 Nays - 0 Motion as amended carried. B. 7:lOpm Public Hearing to Receive Public Input and Pass Upon Resolution 7342 Adopting a Reassessment of Previously Assessed Properties for the H2 and 2003 Street and Utility Improvement Projects. Finance Director Beer explained that the Street Improvement Program includes a reassessment of previously assessed properties for the H2 and 2003 street and utility improvement projects. Finance Director Beer indicated that the maximum potential refunds would be approximately $120,000. Mayor Marty opened the public hearing at 8:42 p.m. Mike Read said that at the candidates' forum he understood that funding for the roads is still not set and it may be necessary to go back to assessments. Mayor Marty indicated that the City would like to not assess at all but there are levy limits in place, so the City would need to hold off on levying until three years from now and the 10 year period will run from now until 13 years from now. Hearing no further public comments, Mayor Marry closed the public hearing at 8:44 p.m. MOTION/SECOND: Marty/Hull. To Waive the Reading and Approve Resolution 7342, Adopting a Reassessment of Previously Assessed Properties for the H2 and 2003 Street and Utility Improvement Projects. Ayes - 5 Nays - 0 Motion carried. C. 7:15pm Public Hearing to Receive Public Input and Pass Upon Resolution 7343 Adopting a Special Assessment Levy for Delinquent Public Utility Accounts. Finance Director Beer explained that there have been some payments since the letters were sent out. Mounds View City Council October 13, 2008 Regular Meeting Page 5 Mayor Marty opened the public hearing at 8:49 P.M.. Hearing no public comments, Mayor Marty closed the public hearing at 8:49 p.m. Council Member Flaherty said that he would be concerned about making sure that the cost is not passed onto the next property owner of the residence. Council Member Mueller said that she wanted to make sure that if there was anyone on the delinquent utility list, she would like to reduce any refund due to them for the street project to bring their utilities current. MOTION/SECOND: Mueller/Stigney. To Waive the Reading and Approve Resolution 7343, Adopting a Special Assessment Levy for Delinquent Public Utility Accounts. Ayes - 5 Nays - 0 Motion carried. D. 7:20pm Public Hearing to Receive Public Input for Diseased Tree Removals. (all potential assessments have been paid prior to the meeting) Mayor Marty opened the public hearing. There were no public comments and Mayor Marry closed the public hearing at 8:52 P.M. No action was necessary. E. 7:25pm Public Hearing to Receive Public Input and Pass Upon Resolution 7344 Adopting a Special Assessment Levy for Abatement of Nuisance Conditions, Development Charges, Inspection Charges, and Unpaid Administrative Fines. Mayor Marty opened the public hearing at 8:53 p.m. Finance Director Beer explained that the assessments are for nuisance abatements, fines, and miscellaneous fees. Hearing no public comments, Mayor Marry closed the public hearing at 8:55 p.m. Clerk Administrator Ericson indicated he pulled the property file for the property of the residents who are in attendance had inquired about and there are two charges in question for three administrative offenses. Two administrative offenses were dismissed. Ms. Preciado, of 8030 Long Lake Road, indicated that she does not understand and did not know what these letters were for. Clerk Administrator Ericson explained the types of notices and dates that the letters were sent. Council explained that the letters were sent two weeks ago and there was an opportunity to pay the amounts up unti14:30 p.m. today. Mounds View City Council October 13, 2008 Regular Meeting Page 6 Mayor Marry indicated that interest on the outstanding bill starts accruing and interest will accrue at 5.5% ,and there is an additional $35.00 for each fine for the administrative cost for this hearing. Ms. Preciado indicated that she did not know about this unti17:00 p.m. today. Mayor Marty indicated that her son had notice and should have informed her and should be responsible for paying the bill. Clerk Administrator Ericson suggested that if she comes in by the end of the week to pay for the fees, Council could waive the $35.00 fees as she may not have received notice from her son of the hearing. Mayor Marty agreed to waive the fees and offer a chance to pay the fees by 4:30 p.m. Friday, October 17, 2008, and the rest of the council concurred. Council Member Mueller pointed out that the City has waived two of the administrative fines, already saving the property owner money. MOTION/SECOND: Mueller/Hull. To Waive the Reading and Approve Resolution 7344, Adopting a Special Assessment Levy for Abatement of Nuisance Conditions, Development Charges, Inspection Charges, and Unpaid Administrative Fines. Ayes - 5 Nays - 0 Motion carried. F. Resolution 7346, Consideration of Adopting a Resolution Establishing an Absentee Ballot Board. Assistant Clerk Administrator Crane explained that state statute allows establishment of an Absentee Ballot Board to allow a head start before the election. MOTION/SECOND: Flaherty/Mueller. To Waive the Reading and Approve Resolution 7346, Consideration of Adopting a Resolution Establishing an Absentee Ballot Board. Ayes - 5 Nays - 0 Motion carried. G. Second Reading and Adoption of Ordinance 815, an Ordinance Amending Sect. 702.01, Subd 13 Relating To Crimes Against Public Safety And Health Clerk Administrator Ericson reviewed Ordinance 815 and noted that this is a clarification to assist with enforcement, if necessary. Mounds View City Council October 13, 2008 Regular Meeting Page 7 MOTION/SECOND: Marty/Mueller. To Waive the Reading and Adopt Ordinance 815, an Ordinance Amending Sect. 702.01, Subd 13 Relating to Crimes Against Public Safety and Health. Council Member Flaherty said that he had a BB gun as a kid and had a lot of fun with it. However, he realizes that times are different than they used to be. Mayor Marry indicated in the past that vandals had driven through the city shooting car and house windows with BB guns and now in the future, we can prosecute for such offenses. ROLL CALL: Hull/Stigney/Mueller/Flaherty/Marty Ayes - 5 Nays - 0 Motion carried. H. Resolution 7333 Approving Lease Agreement Amendment #3 with Verizon Wireless for the Installation of a Generator at the Water Tower Site. Clerk Administrator Ericson explained the requested lease amendment to install a generator to serve their facility adjacent to the water tower. The generator has been installed but the gas line has not. Clerk Administrator Ericson indicated that there is a letter from the attorney for Verizon regarding the City's request for compensation for use of City property. The letter indicates that . there are regulations for requiring a generator backup to allow communications to continue in an emergency situation. Verizon is not willing to provide any compensation for use of City property as they view this as a simple gas line running to a facility much like with a gas line to a residential property. Clerk Administrator Ericson clarified a previous statement made, in that the City Attorney agrees that it would not be typical for a city to ask for compensation in this circumstance, however, it is entirely reasonable to do so. MOTION/SECOND: Mueller/Hull. To Waive the Reading and Approve Resolution 7333 Approving Lease Agreement #3 with Verizon Wireless for the Installation of a Generator at the Water Tower Site. Council Member Stigney indicated that the FCC requires generator power and he feels that Verizon should pay something for the use of City property to run a gas line and for restoration of the easement area. Tammy Bernard, representing Verizon, indicated that they can meet FCC requirements by using battery backup, but the FCC prefers a gas line to the generator for longer term backup. Council Member Stigney said that he feels that the City should be paid for the use of the right of way. Mounds View City Council October 13, 2008 Regular Meeting Page 8 • Mayor Marty indicated that he agreed that there is nothing in that ground right now and Xcel would be disturbing the site to install the gas line, and the City should be compensated for that. MOTION/SECOND: Stigney/Marty. To Amend to Require Verizon to Pay a Fee for Use of the Right of Way. Council Member Mueller said that she sees the Verizon service as a benefit to residents as the City has seen that the phone lines are changing from landlines to cell phone use, and Verizon is a large supplier of that service. She then said that she would not want to do anything to harm resident's service over some unknown expense to run a gas line through City property to allow backup coverage in the event of a catastrophe. Council Member Hull asked if Attorney Riggs gave any recommendation of what fee would be reasonable. Clerk Administrator Ericson indicated that he discussed with the City Attorney the need to differentiate this situation because this is a lease situation where Verizon is leasing space from the City as a for profit entity. The Attorney's opinion is that since Verizon needs to increase the amount of property they are leasing it is reasonable to require a fee. Council Member Stigney indicated that there is an amendment to use a diesel generator for backup and, this has nothing to do with public safety and everything to do with what is fair and equitable for the use of the City's property by a for profit entity. Ayes - 2(Marry/Stigney) Nays - 3 Amendment failed. Ayes - 3 Nays - 2 (Marty/Stigney) Original Motion carried. 8. CONSENT AGENDA A. Licenses for Approval B. Resolution 7345, Support of Northwest Youth and Family Services Discovery Center Project MOTION/SECOND: Mueller/Hull. To Approve the Consent Agenda as Presented. Ayes - 5 Nays - 0 Motion carried. 9. JUST AND CORRECT CLAIMS Council Member Mueller asked for more information on the vacuum cleaner parts. Finance Director Beer explained that it is a piece of equipment for one of the park buildings. Council Member Flaherty asked about rock products. Finance Director Beer explained that it was for a park building as it was funded out of park dedication fees. Mounds View City Council October 13, 2008 Regular Meeting Page 9 ., Council Member Mueller asked where the graffiti was located and whether they were caught. Finance Director Beer indicated that this is for supplies to have on hand in the event there is graffiti. Council Member Mueller asked about Four Seasons Tree Care and whether these were trees removed on city property or if they will be billed to property owners. Finance Director Beer indicated that this is a combination of both. Council Member Mueller asked what a CIPP repair is. Finance Director Beer indicated that it was a repair to the sanitary sewer line. Council Member Mueller asked whether the Menard's bill is for park and recreation. Finance Director Beer indicated that most items will be billed to park and recreation. Council member Mueller asked what the charge to Tousley Ford for vehicle clean up was for. Finance Director Beer indicated that Tousley went through the vehicle to clean it up to be used by City staff instead of being used as a squad car. MOTION/SECOND: Mueller/Hull. To Approve Just and Correct Claims as presented. Ayes - 5 Nays - 0 Motion carried. 10. APPROVAL OF MINUTES A. August 25, 2008, City Council Meeting. Mayor Marty, Page 5, Line 3 is a sentence to read "Mr. Larson said that the grade was too great." Council Member Mueller, Line 28 please verify the spelling of the name. Mayor Marry, Page 7, Line 28, add "he had previously asked at a work session several months ago, business owners and concerned residents to work with staff to see what they could come up with to fund street improvement projects other than to use franchise fees." MOTION/SECOND: Marty/Mueller. To Approve the Minutes of August 25, 2008, as Amended. Ayes - 5 Nays - 0 Motion carried. B. September 22, 2008, Executive Session. Finance Director Beer, Page 9, Line 25, suggested reducing the percentage to 3% for residents. MOTION/SECOND: Mueller/Hull. To Approve the Executive Session Minutes of September 22, 2008, as Amended Ayes - 5 Nays - 0 Motion carried. Mounds View City Council October 13, 2008 Regular Meeting Page 10 • 11. REPORTS A. Reports of Mayor and Council Council Member Mueller reported that October is Breast Cancer Awareness month and asked ali residents to take care to conduct self exams. B. Reports of Staff Clerk Administrator Ericson indicated that the Streets Committee was asked to meet to discuss Hillview Park with the Parks Commission and that meeting is set for October 20, 2008 at 6:00 p.m. He then asked whether the joint meeting could be held in the conference room to work through issues with Hillview Park so that this joint meeting is on neutral ground rather than having the Parks Commission sit out in the audience and the Streets Commission at the dais. Council Member Stigney indicated that there is a Resolution that states that committee meetings in this City will be broadcast. He then said that he is not concerned with how the chairs are set up but would like to ensure that the meeting is broadcast. Staff will set it up to be taped for replay. • Clerk Administrator Ericson indicated that the family fun day was well received by the community. Clerk Administrator Ericson indicated that Staff met with Rice Creek and they seem agreeable to the plan to handle storm water to include excess capacity in other street projects to eliminate the need to construct the spring creek pond. Boonestroo is working on the technical data for this matter and the Board seemed pleased with the City for being proactive to address storm water management issues. 1. Quarterly Report for Community Development Community Development Director Roberts reviewed his quarterly report with Council. Mayor Marty thanked Director Roberts for his efforts to learn the City and to work with the staff and Council as he has. He then thanked Ken and his department for all of their efforts on behalf of residents, especially in the Code enforcement area. Community Development Director Roberts indicated that Jeremiah Anderson will need additional help. Council asked that this matter be added to a work session for discussion. Mayor Marty indicated that there was a Council and Staff mini-retreat on September 29, 2008 and it went well, and was also attended by a number of residents. Mounds View City Council October 13, 2008 Regular Meeting Page 11 • r~ C. Reports of City Attorney None. 12. Next Council Work Session: Next Council Meeting: Monday, November 3, 2008, at 6:00 p.m. Monday, October 27, 2008, at 7:00 p.m. 13. ADJOURNMENT The meeting was adjourned at 10:17 p.m. Transcribed by: Joan Lenzmeier Timesaver Off Site Secretarial, Inc. •