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HomeMy WebLinkAboutMinutes - 2007/05/29• PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regutar Meeting May 29, 20Q7 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: Stigney, Hull, Flaherty, and Mueller NOT PRESENT: Marty. 4. APPROVAL OF AGENDA • A. Monday, May 29, 2007 City Council Agenda City Admmistrator Ulrich indicated that the Mayor wanted to note that he is attending his daughter's last orchestra performance tonight. MOTION/SECOND: Miller/Flaherty. To Approve the Monday, May 29, 2007 City Council Agenda as Presented. Ayes - 4 Nays - 0 Motion carried. 5. PUBLIC INPUT Kim Jacobson of 5070 Irondale Road said she would like to ask the City to ban burning in the City of Mounds View. She then said that up to six neighbors at any one time are burning anything that they are too cheap to have hauled off including treated wood. Ms. Jacobson said that their cars have layers of ash, and their windows and windowsills have layers of soot on them. She then said that this deprives them of their use of their property and jeopardizes their health. Acting Mayor Stigney indicated that he would like to have this discussed at a work session. ~ Cot~ncil Member Flaherry agreed. Cotulcil asked if Ms. Jacobson has called the police. Mounds View City Council May 29, 2007 Regular Meeting Page 2 Ms. Jacobson said that she does not want to have to call the police and waste their time but she • had to and continues to do so. The police caught a resident burning leaves. Rick of 7791 Groveland Road said that he brought down five copies of the parking lot grading plan. He then said that the utilities are on his property and it should not have been put on his property. Community Development Director Ericson said he would personally discuss this with Mr. Perrozzi. Mr. Perrozzi said that he does not trust Velmeir to keep things straight and if this does not get resolved and the parking lot is not done he is taking this to court because he is tired of waiting. Council Member Flaherty said that he is confused about the easements and asked if this is an individual property owner asking for an easement onto someone else's property. Director Ericson said that a lightpole and the utilities line do cross over into their property. b. SPECIAL ORDER OF BUISNESS A. Annual MS4 Report Mr. Fleischhacker provided a review of the Annual MS4 Report for Council and those in • attendance. Mr. Fleischhacker indicated that it is important for residents to know where the easements are located on their property and to avoid placing anything in them because it can become costly when the City has to clear them to improve drainage. Council Member Flaherty asked what the measurable goals are. Mr. Fleischhacker said that a measurable goal would be to increase participation and receive more and more comments and feedback. Another goal would be to inspect a certain portion of the structures per year to determine their effectiveness. 7. COUNCIL BUSINESS A. Public Hearing to Consider Ordinance 791, An Ordinance Adopting the Five Year Financial Plan Acting Mayor 5tigney opened the public hearing at 7:28 p.m. Finance Director Beer explained that as part of the City's Charter the City must prepare a five year financial plan and this is the plan for 2008 through 2012. He then reviewed the suggested • Mounds View City Council May 29, 2007 Regular Meeting Page 3 • plan with the Council but noted that the plan is a work in progress and can be modified as time goes by. Finance Director Beer said that the street light fund should be good for the foreseeable future as the fund is doing we1L The storm water fund, depending upon projects, is the one fund that may need gradual increases to build the fund up. Hearing no public comments, Acting Mayor Stigney closed the public hearing at 7:35 p.m. Council Member Mueller indicated that the Finance Director put together a very nice five year plan for Council and she is very glad to see the pavement management account included to assist the City with planning for the future. City Administrator Ulrich commended the Finance Director Beer for his work to reduce surprises in the finances of the Ciry during future planning. MOTION/SECOND: Mueller/Flaherty. Waive the Reading and Introduce the First Reading of Ordinance 791, An Ordinance Adopting the Five Year Financial Plan. Ayes - 4 Nays - 0 Motion carried. • B. Resolution 7077 Approving Abatement of Nuisance at 5232 Skiba Avenue Community Development Director Ericson explained that this was considered at the last meeting and continued to this meeting to allow Staff to review whether the Code violations at the property were corrected. Staff recommended approval of Resolution 7077 recognizing that Mr. Olin has rectified the Ordinance violations. Approval would then require Mr. Olin pay for the administrative costs and fines associated with the abatement action. Mr. Olin said that he thought he had taken care of things prior to this but, when he received the notice, he immediateiy took care of the requested items. MOTION/SECOND: Flaherty/Hull. To Waive the Reading and Approve Resolution 7077, A Resolution Approving Abatement of Nuisance Violations at 5232 Skiba Avenue. Council Member Mueller asked how many times Staff had to go out to the property. Mr. Olin indicated it was three times including today. Ayes - 3 Nays - 0 Motion carried. C. Ordinance 790, An Ordinance Amending Chapter 3 and Chapter 5 of the Mounds View City Charter Regarding Council Procedure, Referendum and • Recall Process Mounds View City Council May 29, 2007 Regular Meeting Page 4 City Administrator Ulrich indicated that the City Attorney had a few comments that were • provided in the packet and Staff recommends approval of Ordinance 790. Mr. Thomas reviewed the proposed amendments to the Charter. Council Member Flaherty said that these are great and commended the Chair for developing the charts to help residents understand the Charter. Council Member Mueller agreed and said that not only was the language cleaned up, the timing was defined and becomes a usable tool for residents. It also clarified and gave direction to the necessary steps in a process. She then thanked Mr. Thomas and the Commission for the work involved to do so. City Attorney Riggs said that his issue is that a third party has the ability to control whether or not an Ordinance is approved. He then said that would cause issues with development situations as there are specific time limit requirements. He further said that he understands what the Charter Commission is trying to accomplish but there can be situations where, through no fault of the City, an Ordinance can not be adopted. Mr. Thomas commented that it would just require another reading to move the Ordinance through. City Attorney Riggs said that with development issues requiring public hearings, it would set • things back and potentially cause issues if something does not get published through no fault of the City. He then said that it is possible and it is an issue and this is a change from what was in the Charter where it would not have occurred before. Council Member Mueller noted that there are two legal newspapers that the Ordinances can be published in. City Attorney Riggs would like to see the start date from the date of publication rather than the adoption date. Acting Mayor Stigney said that it talks about ballots not voters and asked them to look at it. Section 4 should be formatted over for the new section. Acting Mayor Stigney asked why 30 days are given if it is wrong. Mr. Thomas said it could only be stalled one time in 30 days. City Administrator Ulrich explained that the Mayor had issues with Section 5.03 and section 5.04 as he thought the language was somewhat difficult to follow and somewhat complex. His other comment was in regard to Line 116 and 117, on Page 3 of 5 except in the case of a petition for recall it shall not prevent the council from sending the petition for recall to the next regular election and the question is why the petition for recall could not be referred to a special election. • Mounds View City Council May 29, 2007 Regular Meeting Page 5 u City Attorney Riggs said that the language is correct as written because recall is completely different than referendum or initiative. City Administrator Ulrich suggested that this go back to the Charter Commission for fiirther discussion and review prior to the second reading of the Ordinance. MOTION/SECOND: Mueller/Hull. To Waive the Reading and Introduce Ordinance 790, Waive First Reading With Understanding that the Charter Commission will be revising the Language Prior to the Second Reading of the Ordinance. Ayes - 4 Nays - 0 Motion carried. Mr. Thomas asked Council Members to send specific requests for language changes to them to make it clear for their consideration. D. Resolution 7033, Adopting the City Vision and Mission Statement, Goals Program, Values Statement, and Rules of Conduct • City Administrator Ulrich would like to table this until the Mayor is available. MOTION/SECOND: Mueller. To Table Resolution 7033, Until Mayor Marty Arrives Later this Evening or to the Next Meeting. Motion withdrawn. Consent to simply defer action on the item until all council members are present.. E. Resolution 7080 Approving a Severance Payment for Aaron Backman, Mounds View Economic Development Specialist City Administrator Ulrich reviewed the severance payment for Mr. Backman and asked for Council consideration of approval. MOTION/SECOND: Hull/Mueller. To Waive the Reaaing and Approve Resolution 7080, Approving a Severance Payment for Aaron Backman, Mounds View Economic Development Specialist. Council Member Stigney indicated that the vacation amount due is $7,011.63. Council Member Mueller asked if it is normal that employees carry over vacation year to year. Ayes - 4 Nays - 0 Motion carried. • F. Second Reading and Adoption of Ordinance 789, Amending Section 607.08 Related to Construction Noise Mounds View City Council May 29, 2007 Regular Meeting Page 6 MOTION/SECOND: Flaherty/Mueller. To Waive the Reading and Adopt Ordinance 789, • Amending Section 607.08 Related to Construction Noise, and Approve Publication of a Summary Ordinance. Council Member Mueller asked whether there has been or will be notification of these changes to homeowners and contractors under construction. Community Development Director Ericson said that those developers under construction will be notified as would all homeowners who obtained permits this past year. Director Ericson indicated that Staff is seeking authorization to publish a suinmary of the Ordinance. City Administrator Ulrich indicated that this would become effective 30 days after publication. ROLL CALL: Stigney/Flaherty/Hu1UMueller Ayes - 4 Nays - 0 Motion carried. G. Second Reading and Adoption of Ordinance 792, Amending Chapter 1202 (Subdivision Plats and Procedures) Community Development Director Ericson reviewed Ordinance 792, Amending Chapter 1202. • MOTION/SECOND: Mueller/Hull. To Waive the Reading and Adopt Ordinance 792, Amending Chapter 1202 (Subdivision Plats and Procedures) and Approve Publication of a Summary. ROLL CALL: Stigney/Hull/Flaherty/Mueller Ayes - 4 Nays - 0 Motion carried. H. Resolution 6895, Approving Contracts for SCADA Systems Upgrade #2 Public Works Director Lee provided information on the SCADA system upgrade. Council Member Flaherty indicated that this is very important to the City and then asked if there are any clraw backs to a nonproprietary system. Director Lee said that there are none that he can think of. MOTION/SECOND: Hull/Mueller. To Waive the Reading and Approve Resolution 6895, Approving Contracts for SCADA Systems Upgrade #2. • Mounds View City Council May 29, 2007 Regular Meeting Page 7 • Council Member Mueller asked if the City has any history of working with this bidder. Director Lee said that the City of Mounds View does not but they have worked with many other cities in the metro area and have an excellent service record. Ayes - 4 Nays - 0 Motion carried. 8. CONSENT AGENDA A. Licenses for Approval B. Resolution 7087, Approving a Therapeutic Massage License for Dennis Opitz who will be Administering Therapeutic Massage at Anytime Fitness Located at 2541 County Highway 10 in Mounds View C. Resolution 7088, Authorizing a Tobacco Business License Transfer from Mohammad Ismail to Nidal Mah's Al-Ramahi for Sam's Food Market Located at 2408 County Road I in Mounds View D. Schedule a Public Hearing for Monday, June 11, 2007, at 7:40 p.m. for a Second Reading of Ordinance 790, an Ordinance Amending Chapter 3 and Chapter 5 of the Mounds View City Charter E. Schedule a Public Hearing for Monday, June 11, 2007 at 7:45 p.m. to Consider a Conditional Use Permit for a Summer Seasonal Produce Stand to • be located in the Parking Lot of the Mermaid, 22Q0 County Highway 10 F. Resolution 7089 Approving Plans and Specifications, Setting a Bid Date, and Authorizing the Advertisement for Bids for the 2007 Seal Coat Project G. Resolution 7090 Approving a Service Contract for the City Hall Elevator Council Member Flaherty requested that Item B be removed for discussion. Council Member Mueller requested that Item G be removed for discussion. MOTION/SECOND: Mueller/Flaherty. To Approve Consent Agenda Items A, C, D, E and F as Presented. Ayes - 4 Nays - 0 Motion carried. B. Resolution 7087, Approving a Therapeutic Massage License for Dennis Opitz at Anytime Fitness, 2541 County Highway 10 City Administrator Ulrich provided an explanation of the therapeutic massage request. MOTION/SECOND: Flaherty/Mueller. To Waive the Reading and Approve Resolution 7087, Approving a Therapeutic Massage License for Dennis Opitz at Anytime Fitness, 2541 County Highway 10. • Council Member Hull noted that in the sixth whereas there is a she that should be a he. Mounds View City Council May 29, 2007 Regular Meeting Page 8 Ayes - 4 Nays - 0 Motion carried. • G. Resolution 7090, Approving a Service Contract for the City Hall Elevator Director Lee explained that City Hall has an elevator and there are several requirements and one of them is to have the elevator inspected on a monthly basis. Acting Mayor Stigney said that Metro is $15.00 per month less. Council Member Flaherty asked what the benefits of All City would be over another contractor. Director Lee indicated that the City has been contracting with All City and Staff is familiar and comfortable with them. He then said that All City has been involved with the City's elevator previously. Council Member Mueller said that there is an emergency backup call provided in the contract. Council Member Flaherty asked whether emergency call coverage is included in the Metro bid. MOTION/SECOND: Mueller/Flaherty. To Postpone Resolution 7090, to the Next Council Meeting to Allow Staff Time to Clarify the Bid Information. • Ayes - 4 Nays - 0 Motion carried. 9. JUST AND CORRECT CLAIMS Council Member Flaherty asked for information on the City Hall project expenditure. He then said that he was told that this is the second to the last payment. Director Lee explained that this would be the second to the last payment. Council Member Flaherty asked about the Hillview Road matter. Director Lee explained that this was one needed repair to the sewer system. Council Member Mueller asked on Page 10 where the playground equipment was installed. Director Lee indicated that this was for padding on the indoor equipment at the Mounds View Community Center. Acting Mayor Stigney asked about the webstreaming charge of $57738 because he was under the impression that the City was trying something on a trial basis. • Mounds View City Council May 29, 2007 Regular Meeting Page 9 • City Administrator Ulrich indicated that the City has gone beyond the trial period and they gave the City a discounted amount based on the number of ineetings the City has. Acting Mayor Stigney asked whether the Council voted on accepting this contract. Finance Director Beer said that it was a budget item but he is not sure that it was voted upon. Acting Mayor Stigney said that he thinks that this should be brought back at a worksession discussion. City Administrator Ulrich noted that this charge is for more than one month and Staff will hold the check and bring it back at the next meeting with an explanation and breakdown of costs. Council Member Flaherty agreed and said that this should be held until more detail is available. M4TION/SECOND: Flaherty/Mueller. To Approve Just and Correct Claims as Presented Excepting out the Webstreaming Bill. Council Member Mueller said that there is $526.00 for junk removal and asked about it. Finance Director Beer explained that was part of the abatement process that will be billed to the • property owner and certified to the taxes if they do not pay for it. Finance Director Beer noted there will also be staff time and an additional $100.00 for storage to be charged to this property ow~ier. Ayes - 4 Nays - 0 Motion carried. 10. APPROVAL OF MINUTES A. Apri123, 2007 City Council Meeting Minutes Acting Mayor Stigney requested the following changes: On Page 8, Line 31, Hay study correct the spelling. Then correct wording to: He does not approve of full time for this position because he does not want the City to be required to pay the benefits and other costs associated with having a full time employee. Acting Mayor Stigney noted that the Mayor said he had a change to the Minutes. Director Ericson indicated he had received the correction and it will be made. MOTION/SECOND: Mueller/Hu11. To Approve the April 23, 2007 City Council Meeting Minutes as Amended. • Ayes - 4 Nays - 0 Motion carried. Mounds View City Council May 29, 2007 Regular Meeting Page 10 11. REPORTS A. Reports of Mayor and Council Council Member Flaherty said that he noticed in just and correct claims a clothing fee for a union employee for the purchase of a Mounds View sweatshirt and he thinks it would be a good idea for the City to make sweatshirts available for purchase at the Festival in the Park. City Administrator Ulrich suggested the Council discuss this at a work session prior to Festival in the Park. Council Member Mueller wanted to mention a few things about Festival in the Park Sunday, August 19, 2007. The winning design has been chosen and the winner will be contacted shortly to discuss the design and style and placement so there will be t-shirts for sale at Mounds View Festival in the Park. More information is available on the website. B. Reports of Staff City Administrator Ulrich noted that Senator Betzold and Representative Tillberry will be coming for a legislative update a the June 4~' worksession. ~ City Administrator Ulrich noted the latest report by the League of Minnesota Cities is $70 • million additional given to cities but the distribution is not known yet. They also agreed to consider inner ring suburbs reduced tax base amounts and that should be studied over the coming year. Director Ericson reported that Moe's will have a one year celebration on Saturday, June 9, 2007 and they are looking for volunteers to sit in the dunk tank. Director Ericson noted that Staff has had a police vehicle out to the Harstad construction site and parking should be limited to one side or the east side of Greenwood. Director Ericson updated Council on the conversion to Gov Office and the design should be done this week and it will go live next week. He then said that it has been a little more time intensive than Staff thought it would be but it should be ready next week. Director Ericson said that the City is taking applications for the Comprehensive Plan Task Force if there are any interested residents. Director Ericson noted that the Economic Development Specialist position was advertised and the deadline for those applications is June 8, 2007. C. Reports of City Attorney • Mounds View City Council May 29, 2007 Regular Meeting Page 11 . ~ None. 12. Next Council Work Session: Monday, June 4, 2047, at 7 p.m. Next Council Meeting: Monday, June 11, 2007 at 7 p.m. City Administrator Ulrich noted that the Street and Utility Task Force meets on Monday, May 7, 2007 at 5:30 p.m. 13. ADJOURNMENT The meeting was adjourned at 9:18 p.m. Transcribed by: Joan Lenzmeier, Recording Secretary TimeSaver Off Site Secretarial, Inc. ~ U