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HomeMy WebLinkAboutMinutes - 2014/10/27PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting October 27, 2014 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: Flaherty, Gunn, Hull, Meehlhause, Mueller NOT PRESENT: None. 4. APPROVAL OF AGENDA A. Monday, October 27, 2014, City Council Agenda. MOTION/SECOND: Mueller/Meehlhause. To Approve the Monday, October 27, 2014, agenda as presented. Ayes – 5 Nays – 0 Motion carried. 5. PUBLIC INPUT Dave Farrell, 7700 Bona Road, requested comment from the City Council regarding his tree. Mayor Flaherty reported that a claim has been filed with the League of Minnesota Cities. 6. SPECIAL ORDER OF BUSINESS A. National Hospice Palliative Care Month Proclamation Mayor Flaherty read a proclamation in full declaring November to be National Hospice Palliative Care Month in the City of Mounds View. 7. COUNCIL BUSINESS A. Second Reading and Adoption of Ordinance 889, Revising Chapter 512 of the Mounds View City Code Pertaining to Cigarettes and Tobacco – Roll Call Vote. Assistant City Administrator Crane reviewed the proposed revisions to Chapter 512 of the Mounds View City Council October 27, 2014 Regular Meeting Page 2 Mounds View City Code pertaining to cigarettes and tobacco. She commented that notices were sent to all tobacco license businesses in the City. Staff recommended the Council take comments from the public and adopt Ordinance 889. Fayez Gaieth, 2539 County Road 10, in Mounds View Square, expressed concern with the proposed revisions. He had an issue with the items being banned. It was his opinion that other businesses in Mounds View were being asked to pay for Sam’s Market’s mistakes. He feared that he would lose business due to the Code amendment. He reported that he was running a great business in Mounds View and had no violations. He requested that the Council be fair with its business owners. Assistant City Administrator Crane stated that Tobacco View has requested a 30 to 60 day time period in order to bring their shop into compliance with the new Ordinance. Council Member Hull questioned what section of the Ordinance was of most concern to Mr. Gaieth. Mr. Gaieth responded Item G. Council Member Mueller requested further comment on this. Mr. Gaieth estimated that 20% of his sales would be lost if he were required to comply with Item G. Mayor Flaherty proposed the Council either strike Item G or grandfather in its existing businesses. City Attorney Riggs cautioned the Council from grandfathering in the existing businesses as the Ordinance would then be difficult for the Police Department to uniformly enforce. The better option would be to strike Item G. AMENDMENT MOTION/SECOND: Flaherty/Mueller. To Strike Item G from Ordinance 889. Mayo r Flaherty commented he spoke with Mr. Gaieth prior to the meeting and understood he was running an upstanding business in Mounds View and has done so for the past five years. Council Member Mueller added that by banning certain products would drive customers from Mounds View to surrounding communities. Council Member Gunn did not want the City to hurt its existing businesses. However, she believed the Council would have to address this issue at some point in the future. Council Member Meehlhause supported the direction of the Council but stated the business owners could be impacted by a future City Council if there was a need to implement necessary procedures. Ayes – 5 Nays – 0 Motion carried. AMENDED MOTION/SECOND: Mueller/Gunn. To approve the Second Reading and Adopt the Amended Ordinance 889, Striking Item G, Revising Chapter 512 of the Mounds View City Code Pertaining to Cigarettes and Tobacco and direct staff to publish the Ordinance summary. Mounds View City Council October 27, 2014 Regular Meeting Page 3 ROLL CALL: Gunn/Hull/Meehlhause/Mueller/Flaherty. Ayes – 5 Nays – 0 Motion carried. B1. Second Reading and Adoption of Ordinance 891, an Ordinance Updating Chapter 603 of the Mounds View Municipal Code Relating to Recycling and Garbage Collection – Roll Call Vote. City Administrator Ericson stated the Council has been working on this item for several months. He reported that representatives from Ramsey County have reviewed the City’s licensing and recycling requirements. He indicated Mounds View was the only community in Ramsey County that did not have organized recycling collection. Staff reviewed the proposed changes to City Code and recommended the Council adopt Ordinance 891. Mayor Flaherty asked if local vendors have had a chance to review the proposed code amendment. Michael Bay, Ace Solid Waste, did not support the language requiring that haulers report rate increases to the City of Mounds View. He believed this was an overreach by the City. Otherwise he had no trouble with the revisions. Jean Buckley, Ramsey County, commended the City for tightening up their code. She discussed how the MPCA was interested in collecting data from all garbage haulers regarding commercial trash. She reported this would not impact cities and would be managed by refuse haulers. Council Member Mueller noted the start time for refuse pick up was being amended to 7:00 a.m. to comply with the City’s noise ordinance. She asked if this would have a negative impact on the refuse haulers. Mr. Bay did not see this being a concern. Council Member Mueller questioned if Ace has considered offering composting services to commercial customers. Mr. Bay stated there has been talk about offering organics collection with recycling. He believed that as time went on and it became more cost effective, organics collection could become a reality. MOTION/SECOND: Mueller/Gunn. To approve the Second Reading and Adopt Ordinance 891, an Ordinance Updating Chapter 603 of the Mounds View Municipal Code Relating to Recycling and Garbage Collection and direct staff to publish the summary. ROLL CALL: Gunn/Hull/Meehlhause/Mueller/Flaherty. Ayes – 5 Nays – 0 Motion carried. B2. Resolution 8317, Approving the City of Mounds View “Solid Waste Management Standards”. Mounds View City Council October 27, 2014 Regular Meeting Page 4 City Administrator Ericson reported the City has created a document with standards for solid waste haulers. This brand new document would provide greater clarity, guidance and direction on how to implement Ordinance 891. Staff reviewed Resolution 8317 in detail with the Council and recommended approval. Council Member Mueller asked if there was a due date on the form that had to be submitted by the refuse haulers to the City. City Administrator Ericson reported he would place a specific deadline on the form after speaking with the refuse haulers. Council Member Gunn recommended the language regarding refuse and recycling services for multi-unit buildings be amended to be consistent with the remainder of the code. Jean Buckley, Ramsey County, recommended that the City address multi-family buildings units that have four or more kitchens. MOTION/SECOND: Mueller/Meehlhause. To Waive the Reading and Adopt Resolution 8317, Approving the City of Mounds View “Solid Waste Management Standards”. Ayes – 5 Nays – 0 Motion carried. C. Introduction and First Reading of Ordinance 894, a Cable Television Franchise Ordinance Amendment. Finance Director Beer requested the Council introduce Ordinance 894 a Cable Television Franchise Ordinance that would extend the current franchise for two years, until December 31, 2016. Cor Wilson, Executive Director of NSCC, discussed the ongoing negotiations that have taken place with Comcast. She indicated Comcast was attempting to merge with Time Warner Cable. The FCC has not made a decision on this matter and may not until spring of 2015. As part of the merger, Comcast would be divesting themselves of all cable franchises in the Twin Cities metro area. She commented this transfer required City Council approval, along with the agreed upon two year extension of the franchise. She explained that the Cable Commission recommends the Council approve the franchise amendment. Council Member Mueller asked if the City that has withdrawn membership from the Cable Commission may reconsider their position given the fact a two year extension on the franchise was being proposed. Ms. Wilson was uncertain of their position on this matter. She was moving forward with the assumption that this City would not be included in the franchise or future budgets. Council Member Meehlhause questioned who would receive the Comcast refund. Ms. Wilson stated the refund would be made to Comcast subscribers in the 10 member cities. Mayor Flaherty inquired if negotiations with GreatLand Communications were anticipated to go Mounds View City Council October 27, 2014 Regular Meeting Page 5 more smoothly than with Comcast. Ms. Wilson was uncertain but noted she would remain optimistic. MOTION/SECOND: Mueller/Meehlhause. To Waive the First Reading and Introduce Ordinance 894, a Cable Television Franchise Ordinance Amendment. Ayes – 5 Nays – 0 Motion carried. 8. CONSENT AGENDA A. Set a Public Hearing for Monday, November 10, 2014 at 7:00 p.m. to Consider Ordinance 894, a Cable Television Franchise Ordinance Amendment. MOTION/SECOND: Gunn/Meehlhause. To Approve the Consent Agenda as presented. 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 None. 11. REPORTS A. Reports of Mayor and Council. Council Member Gunn explained the Irondale Drama Department would be putting on “Anything Goes” on Thursday, Friday and Saturday evening at the Irondale High School. Council Member Mueller reported the Festival in the Park Committee met last week and was in need of volunteers, along with a secretary to take minutes. She encouraged those interested in serving to contact City Hall for further information. The next committee meeting would be held on November 18th at 7:00 p.m. Council Member Mueller stated the Ramsey League of Local Government Annual Meeting would be held on Thursday, November 20th and the group would be recapping the recent elections. The meeting would be held at the Mermaid. Mounds View City Council October 27, 2014 Regular Meeting Page 6 Council Member Meehlhause indicated he would be attending the Northeast Youth and Family Services Personnel Committee meeting on Wednesday to discuss health insurance options for employees. Council Member Meelhause stated there would be a YMCA Advisory Board meeting on Monday, November 3rd at 11:00 a.m. at the Community Center. Mayor Flaherty explained Halloween was Friday evening. He encouraged all motorists to drive with great caution. Mayor Flaherty encouraged all residents to get out and vote on November 4th from 7:00 a.m. to 8:00 p.m. at the Community Center. It was noted absentee voting would be completed at City Hall during business hours. B. Reports of Staff. Finance Director Beer stated he had written a newsletter article for the Mounds View Matters regarding the City’s proposed budget discussing how this would impact property taxes. City Administrator Ericson indicated new hours of operation for the Community Center were being proposed. He reviewed the proposed hours for the summer of 2015. City Administrator Ericson reported the Festival in the Park Committee was looking for financial assistance from the City for next year’s event. He discussed the option of the Council funding the fireworks display. He explained that the next Just and Correct Claims would have a line item covering the balance of this expense. C. Reports of City Attorney. City Attorney Riggs had nothing additional to report. 12. Next Council Work Session: Monday, November 3, 2014, at 7:00 p.m. Next Council Meeting: Monday, November 10, 2014, at 7:00 p.m. 13. ADJOURNMENT The meeting was adjourned at 8:32 p.m. Transcribed by: Heidi Guenther TimeSaver Off Site Secretarial, Inc.