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HomeMy WebLinkAboutMinutes - 2010/09/27 PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL o0 CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOT Regular Meeting September 27, 2010 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 7:07 P.M. 1. MEETING IS CALLED TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Flaherty, Stigney, Hull, Mueller, Gunn. NOT PRESENT: None. 4. APPROVAL OF AGENDA A. Monday, September 27, 2010, City Council Agenda. Council Member Mueller requested Items 6A and 613 be swapped. MOTION /SECOND: Mueller /Hull. To Approve the Monday, September 27, 2010, agenda as amended. Ayes 5 Nays 0 Motion carried. 5. PUBLIC INPUT Dan Mueller, 8343 Groveland Road, noted progress was being made at his neighbor's property. He thanked staff for working on this issue and asked for an update. Community Development Director Roberts stated he and Jeremiah visited the property today and an abatement company would be visiting the property tomorrow. Ray Ramirez, 5273 Irondale Road, stated his neighbor's dog was waking him in the middle of the night barking and the dogs messes were not being cleaned up in the backyard, which has now created quite an odor. He requested City staff take action. Mayor Flaherty suggested Mr. Ramirez speak with City staff regarding this issue. 6. SPECIAL ORDER OF BUSINESS B. Oath of Office Swearing in Ceremony for Police Chief Thomas Kinney Mounds View City Council September 27, 2010 Regular Meeting Page 3 B. Introduction and First Reading of Ordinance 847, an Ordinance Amending Chapter 1008 of the Mounds View City Coode about Signs. Planning Associate Heller stated the Council discussed possible changes to the sign code at the August work session meeting, specifically regarding temporary signage were discussed after the owner of Moe's Restaurant approached the Council about allowing businesses to use banners more often. Staff brought several possible code changes to the September work session for the Council to review. The City Council was supportive of the suggested changes, so staff has drafted an ordinance to amend the sign code. There also are changes for campaign signs in this ordinance due to the date change of the state primary. Planning Associate Heller indicated the proposed changes to the sign code address many things. The idea to create an annual permit for banners was liked by the Council, but then a business could potentially have banners up all the time. As an alternative to an annual permit, staff suggested allowing an extra temporary sign period for banners only instead. Staff has included language in the ordinance for an additional permit period only, but if the Council prefers having the annual permit for banners, staff would make that change in the ordinance. Planning Associate Heller noted State Statute (Section 21113.045) now requires that all cities, whether or not the city has an ordinance that regulates the size or number of noncommercial (campaign) signs, to allow these signs to be posted from 46 days before the state primary in a state general election year until ten days following the state general election. This means that during the state general election years the City must allow campaign signs to be posted 46 days before the primary election (June 25 in 20 10) rather than based on the last day of candidacy filing or thirty days before an election as now set in the City Code. Staff recommends the Council approve the introduction and first reading of Ordinance 847, an ordinance that makes revisions to the City sign code. Council Member Mueller asked if the changes made to the Ordinance would reduce staff time spent on sign enforcement. Planning Associate Heller felt the changes would assist with enforcement issues and reduce the time Staff was currently spending on sign issues. MOTION /SECOND: Mueller /Gunn. To Waive the First Reading and Introduce Ordinance 847, an Ordinance Amending Chapter 1008 of the Mounds View City Coode about Signs. Council Member Stigney indicated non commercial signs on private or public property were now allowed to be 3'x3' and requested this be reduced to a 3'x2' sign. Council Member Gunn agreed to this suggestion. Planning Associate Heller stated the R -1, R -2 and R -3 zoning districts could be limited to a 3'x2' sign. The Council was in favor with this recommendation. MOTION AMENDMENT: Stigney /Gunn. To amend the Ordinance to allow non commercial signs on private property in the R -1, R -2 and R -3 zoning districts to be no larger than 3'x2' or six square feet. Mounds View City Council September 27, 2010 Regular Meeting Page 5 City Administrator Ericson stated that during the last legislative session, a new law was adopted to regulate body piercing and other body modification services (comprehensively referred to as "body art" establishments) in Minnesota. Mounds View has had provisions regulating these businesses since 2000, when the City Council adopted Ordinance 663. No such business ever located in the community, although there have been a few inquiries over the years. City Administrator Ericson explained with the new state regulations, the League of MN Cities recommends cities examine their city codes and make any necessary amendments or revisions to maintain or achieve consistency with state law. The Council reviewed the proposed revisions at their work session meeting on September 7, 2010 and was generally supportive of the changes. He was pleased the State was stepping in to regulate and license these establishments. Staff recommends approval of the first reading and introduction of Ordinance 854. Council Member Mueller read through several portions of the Ordinance explaining that body art and piercing technicians require a permit from the State. MOTION /SECOND: Stigney /Mueller. To Waive the First Reading and Introduce Ordinance 854, an Ordinance Amending Chapter 515 of the Mounds View City Code about the Licensing of Tattoo and Body Art Establishments. Ayes 5 Nays 0 Motion carried. E. First Reading and Introduction of Ordinance 852, an Ordinance Adopting Recreational Fire Regulations. City Administrator Ericson stated that at the August 2, 2010 and September 7, 2010 work sessions, the City Council discussed issues regarding recreational fires and the impacts of such fires on neighboring property owners. The Spring Lake Park Blaine Mounds View Fire Department regulations were reviewed as were policies and regulations from many other cities. He indicated the City Council and residents who attended the work sessions expressed concern about recreational fires and agreed that greater enforcement is needed to dissuade residents from violating the regulations. Staff spoke with prosecuting attorney Tom Hughes, who recommended that the recreational fire regulations be incorporated into City Code so that the police department and/or the Code Enforcement inspector could issue misdemeanor citations for violations. City Administrator Ericson explained the Fire Department has updated its regulations pertaining to recreational fires. There are two differences, the first being the height of the fire. Ordinance 852 limits the height of a fire to no more than two feet while the Fire Department regulation allows for fires up to three feet. The other difference is with the setback of freestanding manufactured fire pits. Ordinance 852 requires a minimum fifteen foot setback while the Fire Department regulations allow for a ten foot setback; however the Fire Dept regulation requires that such devices be equipped with side screens and a cover. Fire Chief Zikmund is aware of the differences. Mounds View City Council September 27, 2010 Regular Meeting Page 7 MOTION /SECOND: Mueller /Hull. To Approve the Consent Agenda Items A and B as presented. Ayes 5 Nays 0 Motion carried. C. Resolution 7676, Authorizing Repair to the Main Impeller of the Street Sweeper. Mayor Flaherty questioned if the repair was necessary for the street sweeper. Public Works Director DeBar noted the street sweeper was a 2005 model and while the repair was a bit premature, it was needed to eliminate the vibration taking place. He indicated the impeller was an expensive repair but had to be done to keep the street sweeper working properly. MOTION /SECOND: Flaherty/Mueller. To Waive the Reading and Adopt Resolution 7676, Authorizing Repair to the Main Impeller of the Street Sweeper. Ayes 5 Nays 0 Motion carried. 9. JUST AND CORRECT CLAIMS Finance Director Beer answered the Council's questions related to claims. MOTION /SECOND: Gunn /Hull. To Approve the Just and Correct Claims as presented. Ayes 5 Nays 0 Motion carried. 10. APPROVAL OF MINUTES A. August 23, 2010, City Council Meeting Minutes. Council Member Hull requested a correction on Page 8, Line 24, the sentence should read, the date and the title of "the Resolution" be corrected. Council Member Mueller asked that on Page 7, Line 16, should have the word "of' added after all right. MOTION /SECOND: Mueller /Hull. To Approve the August 23, 2010, City Council meeting minutes as corrected. Ayes 5 Nays 0 Motion carried. 11. REPORTS A. Reports of Mayor and Council. Council Member Gunn reported she attended a meeting on September 22 for Beyond the Yellow Ribbon. The meeting was very worthwhile and she enjoyed speaking with other cities in Mounds View City Council September 27, 2010 Regular Meeting Page 9 City Administrator Ericson stated Coventry Senior Housing would be back before the Council in December for final plat approval. City Administrator Ericson noted a Special City Council meeting was scheduled for October 4 th prior to the work session meeting, to provide the Council with an update on the pending litigation matter. Community Development Director Roberts reviewed an update on the housing inspections completed in the City. He noted five had now passed while three were still awaiting approval. The Council thanked staff for the update. C. Reports of City Attorney. City Attorney Riggs reviewed a memorandum with the Council. He further reviewed how the recent Supreme Court decision on the Krummanacher case would affect future variance requests. He felt there would be a legislative change in the near future. Counsel did not recommend changing City Code at this time. Council Member Mueller asked if the senior housing revenue bonds were reviewed. City Attorney Riggs stated this issue was still pending. Tentative pricing would be closed on the 10 of October. 12. Next Closed Session Meeting: Monday October 4, 2010, at 6:00 p.m. Next Council Work Session: Monday, October 4, 2010, at 7:00 p.m. Next Council Meeting: Monday, October 11, 2010, at 7:00 p.m. 13. ADJOURNMENT The meeting was adjourned at 9:05 p.m. Transcribed by: Carla Wirth TimeSaver Off Site Secretarial, Inc. PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOT Regular Meeting September 27, 2010 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 7:07 P.M. 1. MEETING IS CALLED TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Flaherty, Stigney, Hull, Mueller, Gunn. NOT PRESENT: None. 4. APPROVAL OF AGENDA A. Monday, September 27, 2010, City Council Agenda. Council Member Mueller requested Items 6A and 613 be swapped. MOTION /SECOND: Mueller /Hull. To Approve the Monday, September 27, 2010, agenda as amended. Ayes 5 Nays 0 Motion carried. 5. PUBLIC INPUT Dan Mueller, 8343 Groveland Road, noted progress was being made at his neighbor's property. He thanked staff for working on this issue and asked for an update. Community Development Director Roberts stated he and Jeremiah visited the property today and an abatement company would be visiting the property tomorrow. Ray Ramirez, 5273 Irondale Road, stated his neighbor's dog was waking him in the middle of the night barking and the dogs messes were not being cleaned up in the backyard, which has now created quite an odor. He requested City staff take action. Mayor Flaherty suggested Mr. Ramirez speak with City staff regarding this issue. 6. SPECIAL ORDER OF BUSINESS B. Oath of Office Swearing in Ceremony for Police Chief Thomas Kinney Mounds View City Council September 27, 2010 Regular Meeting Page 3 B. Introduction and First Reading of Ordinance 847, an Ordinance Amending Chapter 1008 of the Mounds View City Coode about Signs. Planning Associate Heller stated the Council discussed possible changes to the sign code at the August work session meeting, specifically regarding temporary signage were discussed after the owner of Moe's Restaurant approached the Council about allowing businesses to use banners more often. Staff brought several possible code changes to the September work session for the Council to review. The City Council was supportive of the suggested changes, so staff has drafted an ordinance to amend the sign code. There also are changes for campaign signs in this ordinance due to the date change of the state primary. Planning Associate Heller indicated the proposed changes to the sign code address many things. The idea to create an annual permit for banners was liked by the Council, but then a business could potentially have banners up all the time. As an alternative to an annual permit, staff suggested allowing an extra temporary sign period for banners only instead. Staff has included language in the ordinance for an additional permit period only, but if the Council prefers having the annual permit for banners, staff would make that change in the ordinance. Planning Associate Heller noted State Statute (Section 21113.045) now requires that all cities, whether or not the city has an ordinance that regulates the size or number of noncommercial (campaign) signs, to allow these signs to be posted from 46 days before the state primary in a state general election year until ten days following the state general election. This means that during the state general election years the City must allow campaign signs to be posted 46 days before the primary election (June 25 in 2010) rather than based on the last day of candidacy filing or thirty days before an election as now set in the City Code. Staff recommends the Council approve the introduction and first reading of Ordinance 847, an ordinance that makes revisions to the City sign code. Council Member Mueller asked if the changes made to the Ordinance would reduce staff time spent on sign enforcement. Planning Associate Heller felt the changes would assist with enforcement issues and reduce the time Staff was currently spending on sign issues. MOTION /SECOND: Mueller /Gunn. To Waive the First Reading and Introduce Ordinance 847, an Ordinance Amending Chapter 1008 of the Mounds View City Coode about Signs. Council Member Stigney indicated non commercial signs on private or public property were now allowed to be 3'x3' and requested this be reduced to a 3'x2' sign. Council Member Gunn agreed to this suggestion. Planning Associate Heller stated the R -1, R -2 and R -3 zoning districts could be limited to a 3'x2' sign. The Council was in favor with this recommendation. MOTION AMENDMENT: Stigney /Gunn. To amend the Ordinance to allow non commercial signs on private property in the R -1, R -2 and R -3 zoning districts to be no larger than 3'x2' or six square feet. Mounds View City Council September 27, 2010 Regular Meeting Page 5 City Administrator Ericson stated that during the last legislative session, a new law was adopted to regulate body piercing and other body modification services (comprehensively referred to as "body art" establishments) in Minnesota. Mounds View has had provisions regulating these businesses since 2000, when the City Council adopted Ordinance 663. No such business ever located in the community, although there have been a few inquiries over the years. City Administrator Ericson explained with the new state regulations, the League of MN Cities recommends cities examine their city codes and make any necessary amendments or revisions to maintain or achieve consistency with state law. The Council reviewed the proposed revisions at their work session meeting on September 7, 2010 and was generally supportive of the changes. He was pleased the State was stepping in to regulate and license these establishments. Staff recommends approval of the first reading and introduction of Ordinance 854. Council Member Mueller read through several portions of the Ordinance explaining that body art and piercing technicians require a permit from the State. MOTION /SECOND: Stigney/Mueller. To Waive the First Reading and Introduce Ordinance 854, an Ordinance Amending Chapter 515 of the Mounds View City Code about the Licensing of Tattoo and Body Art Establishments. Ayes 5 Nays 0 Motion carried. E. First Reading and Introduction of Ordinance 852, an Ordinance Adopting Recreational Fire Regulations. City Administrator Ericson stated that at the August 2, 2010 and September 7, 2010 work sessions, the City Council discussed issues regarding recreational fires and the impacts of such fires on neighboring property owners. The Spring Lake Park Blaine Mounds View Fire Department regulations were reviewed as were policies and regulations from many other cities. He indicated the City Council and residents who attended the work sessions expressed concern about recreational fires and agreed that greater enforcement is needed to dissuade residents from violating the regulations. Staff spoke with prosecuting attorney Tom Hughes, who recommended that the recreational fire regulations be incorporated into City Code so that the police department and/or the Code Enforcement inspector could issue misdemeanor citations for violations. City Administrator Ericson explained the Fire Department has updated its regulations pertaining to recreational fires. There are two differences, the first being the height of the fire. Ordinance 852 limits the height of a fire to no more than two feet while the Fire Department regulation allows for fires up to three feet. The other difference is with the setback of freestanding manufactured fire pits. Ordinance 852 requires a minimum fifteen foot setback while the Fire Department regulations allow for a ten foot setback; however the Fire Dept regulation requires that such devices be equipped with side screens and a cover. Fire Chief Zikmund is aware of the differences. Mounds View City Council September 27, 2010 Regular Meeting Page 7 MOTION /SECOND: Mueller /Hull. To Approve the Consent Agenda Items A and B as presented. Ayes 5 Nays 0 Motion carried. C. Resolution 7676, Authorizing Repair to the Main Impeller of the Street Sweeper. Mayor Flaherty questioned if the repair was necessary for the street sweeper. Public Works Director DeBar noted the street sweeper was a 2005 model and while the repair was a bit premature, it was needed to eliminate the vibration taking place. He indicated the impeller was an expensive repair but had to be done to keep the street sweeper working properly. MOTION /SECOND: Flaherty/Mueller. To Waive the Reading and Adopt Resolution 7676, Authorizing Repair to the Main Impeller of the Street Sweeper. Ayes 5 Nays 0 Motion carried. 9. JUST AND CORRECT CLAIMS Finance Director Beer answered the Council's questions related to claims. MOTION /SECOND: Gunn/Hull. To Approve the Just and Correct Claims as presented. Ayes 5 Nays 0 Motion carried. 10. APPROVAL OF MINUTES A. August 23, 2010, City Council Meeting Minutes. Council Member Hull requested a correction on Page 8, Line 24, the sentence should read, the date and the title of "the Resolution" be corrected. Council Member Mueller asked that on Page 7, Line 16, should have the word "of' added after all right. MOTION /SECOND: Mueller /Hull. To Approve the August 23, 2010, City Council meeting minutes as corrected. Ayes 5 Nays 0 Motion carried. 11. REPORTS A. Reports of Mayor and Council. Council Member Gunn reported she attended a meeting on September 22 for Beyond the Yellow Ribbon. The meeting was very worthwhile and she enjoyed speaking with other cities in Mounds View City Council September 27, 2010 Regular Meeting Page 9 City Administrator Ericson stated Coventry Senior Housing would be back before the Council in December for final plat approval. City Administrator Ericson noted a Special City Council meeting was scheduled for October 0, prior to the work session meeting, to provide the Council with an update on the pending litigation matter. Community Development Director Roberts reviewed an update on the housing inspections completed in the City. He noted five had now passed while three were still awaiting approval. The Council thanked staff for the update. C. Reports of City Attorney. City Attorney Riggs reviewed a memorandum with the Council. He further reviewed how the recent Supreme Court decision on the Krummanacher case would affect future variance requests. He felt there would be a legislative change in the near future. Counsel did not recommend changing City Code at this time. Council Member Mueller asked if the senior housing revenue bonds were reviewed. City Attorney Riggs stated this issue was still pending. Tentative pricing would be closed on the 10 of October. 12. Next Closed Session Meeting: Monday October 4, 2010, at 6:00 p.m. Next Council Work Session: Monday, October 4, 2010, at 7:00 p.m. Next Council Meeting: Monday, October 11, 2010, at 7:00 p.m. 13. ADJOURNMENT The meeting was adjourned at 9:05 p.m. Transcribed by: Carla Wirth TimeSaver Off Site Secretarial, Inc.