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HomeMy WebLinkAboutMinutes - 2009/01/12• PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA P Regular Meeting January 12, 2009 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 7:01 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, January 12, 2009 City Council Agenda. • Council Member Mueller advised that a resident has indicated he may be late arriving due to the weather conditions and would like to make comment on Item 7B. She requested that Item 7C be considered before Item 7B to provide that opportunity. MOTION/SECOND: Mueller/Gunn. To Approve the Monday, January 12, 2009 agenda as revised to consider Item 7C before Item 7B. Ayes - 5 Nays - 0 Motion carried. 5. PUBLIC INPUT None. 6. SPECIAL ORDER OF BUSINESS None. 7. COUNCIL BUSINESS A. 7:05 p.m. Public Hearing -2008 Comprehensive Plan Update. Resolution 7393, Giving Preliminary Approval to the 2008 Comprehensive Plan Update and Authorizing City Staff to Distribute the Updated Plan to • Adjacent and Affected Governmental Units. Mounds View City Council January 12, 2009 Regular Meeting Page 2 Community Development Director Roberts presented the staff report detailing the history of the Comprehensive Plan update and the Planning Commission's support for the City Council to approve the Comprehensive Plan update. Community Development Director Roberts advised that as part of the update process, which is required by the Met Council, the Plan now contains more information, updated statistics, and updated references to the street and utility program. However, most of the goals and policies of the City remain. Community Development Director Roberts explained that since the December Work Session, staff has made the final housekeeping changes to the Plan, none being substantial but clerical or grammatical in nature. Staff recommends the Council approve the draft resolution to give preliminary approval to the Comprehensive Plan and authorize staff to distribute the updated Plan to adjacent and affected governmental units. He noted the deadline for the Comprehensive Plan update is May 1, 2009, and it is anticipated final Council action will occur in April. Mayor Flaherty opened the public hearing at 7:08 p.m. Hearing no public comment, Mayor Flaherty closed the public hearing at 7:08 p.m. At the request of Council Member Mueller, Community Development Director Roberts acknowledged the people who had worked on the Comprehensive Plan update: Mayor Rob Marty, Councilmembers Roger Stigney, Al Hull, Joe Flaherty, and Carol Mueller; Planning Commissioners Gery Stevenson, Jean Miller, Gary Meehlhause, Keith Cramblit, Sherry • Gunn, Todd Lang, and Mary Kay Walsh-Kaczmarek; Economic Development Commissioners Tom Field, Dr. Greg Belting, Torri Johnson, Jerry Jaker, Jason Helgemoe, Jackie Entsminger, Gary Meehlhause, Jennifer Wagner, and Daniel Larson; Parks, Recreation & Forest Commissioners Jerry Kunz, Gerald Arel, Dave Long, Darren Peterson, Dale Aukee, Cindy Palm, and John Kroeger; City Staff: Clerk-Administrator Jim Ericson, Community Development Director Ken Roberts, Finance Director Mark Beer, (former) Public Works Director Greg Lee, Planning Associate Heidi Heller; Housing Inspector Jeremiah Anderson, Economic Development Specialist Heidi Steinmertz, Engineering Technician Jim Hess, Permit Technician Barb Benesch, and Engineering Intern Ryan Johnson; Comprehensive Task Force Members Al Hull, Gary Meehlhause, Keith Cramblit, Mary Kay Walsh-Kaczmarek, Jerry Kunz, John Kroeger, Laurie Shoop, Mari Scotch, Mike Haubrich, Nate Bjerke, and Val Amundsen, GIS Consultant MFRA, Inc.; and, Engineering Consultant Bonestroo. Community Development Director Roberts stated his appreciation to all staff who helped and especially to Planning Associate Heller who worked the last month to put the final Plan together, clarifying the maps, and finishing text changes. Council Member Mueller asked if the Comprehensive Plan will be posted on the City's website. Clerk-Administrator Ericson stated the Comprehensive Plan in its entirety may be too large to post on the web site. In the past, the City has posted an executive summary with an attached representation of the existing and future land use maps. He recommended the same be done with • this Plan version. Mounds View City Council January 12, 2009 Regular Meeting Page 3 • Council Member Mueller asked if a copy of the Plan will be available at City Hall. Clerk- Administrator Erickson advised copies will be available at City Hall, the library, and on CD if they want to take it home. He stated staff will work with people to assure they have an opportunity to read the Plan. Council Member Mueller stated a phenomenal job has been done on this Plan and it used a logical progression that was easy to understand. She noted that on Page 8, Appendix E-1, Emergency Response Plan, the name of the former Public Works Director needs to be replaced with an alternate emergency response lead. Planning Associate Heller explained the name of the former Public Works Director may be contained in several locations of the Comprehensive Plan since the work was done last year. She advised that when the Plan is finalized, a new contact person's name will be inserted. Council Member Mueller noted on Page 18, Current Education Programs, it indicates the community newsletter is issued six times a year; however, it is now issued four times a year. She also noted that there may be other programs that can be included in this section such as the demonstration and landscaping projects that are currently running on cable television and other programs done in conjunction with the Rice Creek Watershed District. Council Member Stigney asked about Appendix 7-3, referencing the amount received for fiscal disparities and asked if the potential unallocation by the Governor will affect this text. Finance • Director Beer advised it would not affect fiscal disparities. Mayor Flaherty thanked staff and all the Commissions for their work on this document. He read the purpose statement of a Comprehensive Plan as detailed on Page 1-3: "To guide future development and redevelopment in an orderly manner, define proper functional relations between different types of land users, help coordinate private and public sector decision, encourage orderliness and economy in City Government, and provide a sense of City identity." Mayor Flaherty explained it was a State law requirement for the City to update the Comprehensive Plan every ten years. When development occurs, it has to conform to this Plan. Community Development Director Roberts advised of a typographical error on Page 6-37, last sentence addressing runways at the airport, next to the last line to change the word "and" to the word "any." This correction will be made before the Plan is distributed. MOTION/SECOND: Mueller/Hull. To Waive the Reading and Adopt Resolution 7393, Giving Preliminary Approval to the 2008 Comprehensive Plan Update and Authorizing City Staff to Distribute the Updated Plan to Adjacent and Affected Governmental Units. Ayes - 5 Nays - 0 Motion carried. C. Resolution 7403, Authorizing a Step Increase for Nate Behlen, Mounds View • Public Works Employee. Mounds View City Council January 12, 2009 Regular Meeting Page 4 • Assistant Clerk-Administrator Crane presented the recommendation of Supervisor Steve Dazenski to approve a step increase wage adjustment for Public Works Employee Nate Behlen. She apologized that this request was not considered in October of 2008 as it should have been. If approved, the increase from Level B to Level C would be effective October 14, 2008. MOTION/SECOND: Mueller/Gunn. To Waive the Reading and Adopt Resolution 7403, Authorizing a Step Increase for Nate Behlen, Mounds View Public Works Employee. Council Member Mueller referenced the Supervisor's write up for this employee indicating Mr. Behlen has more than satisfactorily performed in this position and done a good job of taking on other challenging projects in light of the fact that Mounds View does not have a Public Works Director at this time. Ayes - 5 Nays - 0 Motion carried. B. Second Reading and Adoption of Ordinance 816, an Ordinance Amending the Mounds View City Code about Signage (ROLL CALL VOTE). Community Development Director Roberts detailed the past review of this ordinance amendment addressing signs with dynamic display and the revisions that were made to the language at the request of the Council. It was noted the dynamic sign display was changed to a minimum time of . 10 seconds. Staff recommends approval of the second reading, adoption, and that an ordinance summary be published. Mayor Flaherty opened the public hearing at 7:30 p.m. Dan Hall, representing the Mermaid, stated he spoke with Mayor Flaherty about this ordinance and it is nice to see the City take a stand and realize how important advertising is to businesses. He complimented staff on the language contained in this ordinance. Hearing no additional public comment, Mayor Flaherty closed the public hearing at 7:32 p.m. MOTION/SECOND: Gum1/Hull. To Waive the Second Reading and Adopt Ordinance 816, an Ordinance Amending the Mounds View City Code about Signage. Council Member Mueller referenced Page 25, Subdivision 9, Dynamic Display Signs, Item c, , Standards, #1, and stated her understanding there will not be a flashing image or words that flash repetitively. Community Development Director Roberts stated that is correct. Council Member Mueller noted that Page 26, Item d, #1, indicates again that the message content can move into the sign but not be flashing on and off. She stated she supports not allowing flashing video images. Council Member Mueller referenced Page 27, Subdivision 5, indicating that background images are displayed for a minimum of 10 seconds and questioned whether 10 second fixed messages may be too long considering the number of stoplights and speed of taff c Mounds View City Council January 12, 2009 Regular Meeting Page 5 on County Road 10. She indicated she is willing to try this but wondered if it could be reduced to 7 seconds for signs located on internal roadways where the speed of traffic is slower. Council Member Gunn stated CVS usually sets its dynamic display sign at 12-15 seconds because they found 7 seconds was too fast. She noted the Holiday sign flashes and has 2-3 seconds between messages. She stated support for trying 10 seconds, noting the ordinance can be amended, if needed. Council Member Stigney stated he is comfortable with 10 seconds but was also comfortable with 12 seconds. He asked about the definition of "temporary sign." Community Development Director Roberts explained it is a sign that is easily moved and removed from the site. Council Member Stigney asked when a temporary sign becomes permanent, noting there are some year round signs in residential areas. Planning Associate Heller advised that each business, commercial, industrial or multi-residential tenant can have three temporary sign permits per calendar year and each is good for 21 days. The maximum size is 48 square feet. A temporary sign is not allowed in residential zones but a home based business can get a permit for a sma112 x 4 foot sign. Mayor Flaherty stated any sign smaller than 2 x 4 feet does not require a permit and can be in place indefinitely. Council Member Stigney asked if sandwich boards can be placed on a sidewalk. Community Development Director Roberts stated they cannot be placed on a sidewalk or public property. Mayor Flaherty noted reference in the staff report that an ordinance amendment is needed to the Zoning Code. Community Development Director Roberts stated that ordinance amendment will be presented to the Council within the next 45 days. Mayor Flaherty stated the issue of inoperable signs had been discussed, noting the ordinance indicates, "within one hour or as soon as reasonably possible from City notification." He stated that he would not find it reasonable if it took 3 days. He stated the biggest dynamic display sign in Mounds View is the Mermaid location sign and that owner had indicated their sign used holiday images during Christmas. It was noted the Code does allow for animation or movement that floats in and out, or soft transitions, but not flashing images. Mayor Flaherty noted the City Hall sign is set at 2-3 seconds so it will have to be changed to conform to the Ordinance. Council Member Stigney asked about the brightness of the dynamic sign. Community Development Director Roberts explained that an earlier version had contained language about brightness but the City does not own a light meter or have trained staff to measure light so including that type of language would be a bit subjective. He stated that during his research, he could not find a good example of language to define the brightness of a dynamic sign or to control it. Mayor Flaherty noted Item a addresses the need for signs installed after December 31, 2008, to contain an ambient light meter. Mounds View City Council January 12, 2009 Regular Meeting Page 6 Council Member Mueller asked how the City would notify local sign owners of the new rules and how much time they would have to conform. Community Development Director Roberts explained that once the ordinance is adopted, published, and into effect, staff will mail all operators of dynamic signs a copy of the ordinance and give them 10 or 30 days to come into conformance with the performance standards. Council consensus was reached to allow 30 days to reach compliance and rather than mailing the new rules, staff will drop it off so they can network with that business and/or sign owner to assure it gets to the responsible party, should there be questions. ROLL CALL: Stigney/Hull/Mueller/Gunn/Flaherty. Ayes - 5 Nays - 0 Motion carried. (Note: See page 8 for motion to authorize publication by summary.) 8. CONSENT AGENDA Councilmember Mueller asked to remove Item D. Mayor Flaherty asked to remove Item A. • B. Resolution 7402, Authorizing a Transfer of a Restaurant Business License from Domino's LLC., to Hat Trick Pizza, Inc. (doing business as Domino's Pizza) located at 2548 County Highway 10. C. Resolution 7394, Ramsey County GIS Users Group Joint Powers Agreement. E. Resolution 7399, Accepting the 2008 Street Maintenance Project and Authorizing Final Payment. MOTION/SECOND: Gunn/Mueller. To Approve the Consent Agenda B, C, and E. Ayes - 5 Nays - 0 Motion carried. A. Resolution 7400, Establishing Parking Regulations for Red Oak Drive from County Road 10 to Long Lake Road. Mayor Flaherty stated the Council has discussed this parking regulation previously but he would like it read for the viewing audience. Clerk-Administrator Ericson read Resolution 7400. • Mayor Flaherty noted that Red Oak Drive is partly funded through State Aid funds. Upon adoption of this resolution, there will be no parking from County Road 10 to Hillview Road on Mounds View City Council January 12, 2009 Regular Meeting Page 7 either side of the road. Parking will be allowed only on the west side of Red Oak Drive from Hillview Road to Long Lake Road. MOTION/SECOND: Flaherty/Mueller. To Approve Resolution 7400, Establishing Parking Regulations for Red Oak Drive from County Road 10 to Long Lake Road. Ayes - 5 Nays - 0 Motion carried. D. Resolution 7398, Accepting the County Road 10 Trail, Segments 9 & 10 Project and Authorizing Final Payment. Council Member Mueller stated that a resident called her to indicate there had been problems with the trail last Spring with flooding and she wanted to assure those issues had been corrected prior to releasing the final payment. She stated it appears the final payment for this project is actually being paid to another entity and asked for confirmation that releasing the final payment releases the City from any future debt to the contractor. Finance Director Beer advised that when this contract was executed, the contractor designated in a signed document that payments were to go directly to the surety company. The City was served with a lien so staff has been working with the surety and bond service on the amounts owned and they agreed that the amount going to the surety company will pay off the subcontractors who worked on this project. Finance Director Beer explained that once paid, the City is not responsible for IRS or other liens a subcontractor may have. MOTION/SECOND: Mueller/Stigney. To Approve Resolution 7398, Accepting the County Road 10 Trail, Segments 9 and 10 Project and Authorizing Final Payment. Council Member Gunn indicated she was also concerned whether the flooding problem had been fixed. Finance Director Beer stated they did additional grading and placed crushed rock to address that issue. Council Member Gunn asked what would happen if it floods again after making final payment. Finance Director Beer stated there have been substantial rains since the crushed rock was placed and been no problem with flooding. Mayor Flaherty stated he has not been reassured the low area has been fixed and asked whether there was a warranty. Finance Director Beer stated he was not sure the City could get a warranty but Mr. Ryan can be asked. He noted the repair work was discussed at the Council meeting last year. Council Member Mueller noted the company that worked on the trail is no longer in business so it is not realistic to think there would be a warranty. Finance Director Beer agreed and stated the City may be able to go back to the bonding company. He stated the check will not be issued until the Council's questions are satisfied. • Mounds View City Council January 12, 2009 Regular Meeting Page 8 Mayor Flaherty stated he remembers the past Council discussion but is not satisfied that the work has been completed since nothing had been presented to the Council. He asked staff to contact the consulting engineer to verify that fact. AMENDMENT MOTION: Mueller. To Approve Resolution 7398, Accepting the County Road 10 Trail, Segments 9 and 10 Project and Authorizing Final Payment as amended to make payment contingent upon final release by the City's consultant that the flooding conditions have been corrected. Council Member Stigney referenced the January 7, 2009, letter from Bonestroo indicating that Allied Blacktop has satisfactorily completed its work according to the document. Council Member Stigney indicated, however, that he would not object to delaying final payment if that is the desire of the Council. AMENDMENT MOTION SECOND: Stigney. Ayes - 5 Nays - 0 Motion carried. B. Second Reading and Adoption of Ordinance 816, an Ordinance Amending the Mounds View City Code about Signage (continued). Clerk-Administrator Ericson requested the Council consider authorization to publish Ordinance 816 by summary. MOTION/SECOND: Flaherty/Mueller. To Authorize Publishing Ordinance 816, an Ordinance Amending the Mounds View City Code about Signage, by Summary. Ayes - 5 Nays - 0 Motion carried. 9. JUST AND CORRECT CLAIMS Mayor Flaherty asked about claim 3650, American Engineering Testing. Clerk-Administrator Ericson advised that soil borings were necessary for infiltration areas. Council Member Gunn referenced Page 4 and asked what is dewatering. Finance Director Beer explained the groundwater had to be pumped out so the watermain could be repaired. That cost will be paid from the Water Fund. Council Member Mueller referenced Page 5, the summary of funds paid to the consultant, Bonestroo, of $102,335.89 and asked what length of time this billing covers. Finance Director Beer advised it went through October of 2008 and Bonestroo usually bills out monthly but submits the bill two months behind. Council Member Mueller referenced Page 6, refrigeration maintenance, and asked where the equipment was located and if this is a contracted service. Finance Director Beer advised it is a Mounds View City Council January 12, 2009 Regular Meeting Page 9 repair to the kitchen equipment at the Community Center and, given the age of the equipment, it is prudent for the City to have a quarterly maintenance contract. Council Member Mueller referenced Page 8, BSS Brother and Sons for manhole lids, and asked whether they are new or replacement lids. Finance Director Beer stated he does not know but will find out and notify the Council. Council Member Gunn referenced Page 12, salt supply, and asked if the budget contains adequate funds. Finance Director Beer stated it is thought there are adequate funds, noting that the City has been using last year's supplies. Council Member Mueller referenced Page 14, maintenance agreement, and asked if it was for equipment in City Hall. Finance Director Beer answered in the affirmative, explaining it covers the copiers for the City Hall and Police Department. Mayor Flaherty referenced Page 2 of the 2009 claims for the code enforcement contract. Finance Director Beer explained this was a software purchase. Community Development Director Roberts advised that staff started training last week and are very happy with this software package, which will be a great tool. MOTION/SECOND: Mueller/Hull. To Approve the Just and Correct Claims as Presented. Ayes - 5 Nays - 0 Motion carried. 10. APPROVAL OF MINUTES A. December 8, 2008 City Council Meeting Minutes. The following corrections were requested: Page 2, Line 40, "...$39,000 that was taken..." Page 3, Line 3, "...fee should be sunset as promised to residents when it was first..." Page 6, Line 11, indicate Hull seconded the motion. Line 34, "...American Tire Distributors..." MOTION/SECOND: Flaherty/Mueller. To Approve the December 8, 2008 City Council meeting minutes as corrected. Ayes - 5 Nays - 0 Motion carried. 11. REPORTS A. Reports of Mayor and Council. Council Member Mueller reported the Ramsey County League of Local Governments meeting is Thursday, January 22, 2009. Clerk-Administrator Ericson advised that all are invited to attend. Mayor Flaherty referenced the comments contained in the marketing report, stating they are very good and he believed it would be a daunting task to separate the comments by topic. He Mounds View City Council January 12, 2009 Regular Meeting Page 10 • suggested these comments be discussed at the upcoming retreat and asked Council Members whether they would each work on a portion to categorize the comments by topics. The Council noted that additional categories may be needed and agreed to start with the following topics: County Highway 10, Streets, Trails, Code Compliance, Crime, Housing Types, and Redevelopment. The Council will also identify the number of positive and negative comments. Council Member Stigney asked whether a conflict exists with the City's Charter if the Mayor delegates this activity. Clerk-Administrator Ericson stated he would research that question and let him know. Mayor Flaherty clarified he was making a suggestion, not delegating a work task. Council Member Stigney stated he has no objection as long as it does not conflict with the Charter Commission. The Council agreed the Council Members will submit their results to staff for tabulation, which will be reviewed at the February 28, 2009, Council retreat. B. Reports of Staff 1. Discussion of Restricting Right Turns from Long Lake Road onto Red Oak Drive. Clerk-Administrator Ericson stated in November of 2008 he had presented recommendations from the Streets and Utilities Committee for the installation of a no right turn onto Red Oak Drive from Long Lake Road. During that discussion, the Council requested traffic counts prior to making a decision. On December 22, 2008, that information was presented to the Council but a decision was not made whether right turns should be restricted. He asked the Council if they wanted to move forward with that action or obtain public input. Council Member Gunn stated residents of Red Oak Drive have asked how they would get to their houses when returning from work if they cannot turn right. Clerk-Administrator Ericson stated it involves a trade off, noting the Committee recommended restricting the right turn movement during certain times of the day. Council Member Mueller stated her support to first complete construction of the traffic calming measures. Then if it is found those measures do not resolve some of the major traffic issues, the Council can consider restricting right turns. Council Member Mueller stated that at this time, she does not support restricting right turns in that location because she does not want to inconvenience people of the community. Mayor Flaherty stated it is an MSA street and asked if the consulting engineer looked into the State's requirements. He agreed it would be an inconvenience for residents in that area. Clerk- Mounds View City Council January 12, 2009 Regular Meeting Page 11 Administrator Ericson stated it is an MSA street but the City can take this action, if desired. Mayor Flaherty stated his preference to wait and address this at a future date, if needed. 2. Installation of Signal Light at Silver Lake Road and County Road H. Clerk-Administrator Ericson announced that Ramsey County will proceed with the installation of signals at the intersection of Silver Lake Road and County Road H. They have funding; however, need additional right-of--way at three of the four corners of this intersection. The City has to acquire that right-of--way. Clerk-Administrator Ericson asked whether staff should start negotiations with the two corner property owners and coordinate with New Brighton staff who will enter such negotiations with the property owner for the third corner. Council Member Mueller asked whether the City needs to offer compensation or the County would reimburse the City. Clerk-Administrator Ericson stated it would be City dollars. Mayor Flaherty noted this item has been discussed for a long time and he had asked about the empirical data from that intersection. It indicated this intersection meets warrants for the installation of a signal. He expressed concern with the cost to acquire right-of--way due to budgetary restrictions. Finance Director Beer explained that at one time the City had budgeted $212,000 for this project; however, it had been reallocated. Clerk-Administrator Ericson stated staff will provide additional information for Council's consideration. 3. Updates. Clerk-Administrator Ericson announced that the Chamber of Commerce Gala will be held on February 7, 2009. He stated the cost is $70 per person and in the past some staff members had attended but it is not known whether anyone on staff is available this year. Clerk-Administrator Ericson advised that both the staff retreat and Home and Garden Show in Blaine are scheduled on Saturday, February 28, 2009. Clerk-Administrator Ericson stated the Public Works Director position will be advertised in the newspaper and it is expected the City will receive a good round of candidates. He advised of how this opening would be advertised. Mayor Flaherty stated with the budgetary constraints, he would consider delaying the hiring for this position until the City knows about Legislative actions and 2009 funding. He stated he is not comfortable with a levy increase for this year and tough decisions will need to be made on what should be cut. r~ U Mounds View City Council January 12, 2009 Regular Meeting Page 12 • Clerk-Administrator Ericson stated they can remove the postings but money will not be saved by not filling this position because then the City would have to hire Bonestroo to do more work. Council Member Mueller noted the street and utility projects are number one priories and she would not feel comfortable moving into those utility projects without having that City position filled. Mayor Flaherty stated Mounds View has not had a Public Works Director for about a year and done well with the consulting engineer. He stated he thought the City was not paying that much more for the consultant than would be paid to a City position. Finance Director Beer advised there is no benefit to not hiring a Public Works Director. Council consensus was reached to advertise the Public Works Director position. 4. Risdall Resident Survey. Council Member Stigney asked whether anyone has suggested counting the ballots that were set aside. Council Member Mueller offered to review and tabulate those ballots. Council consensus was reached to have Council Member Mueller count and tabulated surveys. C. Reports of City Attorney None. 12. Next Council Work Session: Next Council Meeting: Monday, February 2, 2009, at 7 p.m. Monday, January 26, 2009, at 7 p.m. 13. ADJOURNMENT The meeting was adjourned at 8:49 p.m. Transcribed by: Carla Wirth Timesaver Off Site Secretarial, Inc. •