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PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL
CITY OF MOUNDS VIEW
RAMSEY COUNTY, MINNESOTA ',;
Regular Meeting
March 23, 2009
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, Stigney, Hull, Mueller, Gunn.
NOT PRESENT: None.
4. APPROVAL OF AGENDA
A. Monday, March 23, 2009 City Council Agenda.
MOTION/SECOND: Mueller/Hull. To Approve the Monday, March 23, 2009 agenda as
presented.
Mayor Flaherty advised the Council would recess from the regular Council meeting to hold an
Executive Session to conduct an evaluation of an individual subject to the Council's Authority.
Ayes - 5
Nays - 0 Motion carried.
5. PUBLIC INPUT
Tom Winiecki, 2748 Sherwood Road, asked about the cost to install cable television to watch the
Community Access channel. The Mayor advised there is no cost as indicated in the Mounds
View Matters and City's website.
6. SPECIAL ORDER OF BUSINESS
None.
7. COUNCIL BUSINESS
A. First Reading of Ordinance 818 -Code Amendment for Chapter 1106
(Conditional Use Permits for Dynamic Display Signs).
Community Development Director Roberts presented the Code amendment to add language to
Mounds View City Council March 23, 2009
Regular Meeting Page 2
1 address dynamic display signs as a conditional use permit and suggested a revision to provide
2 better clarity: "Whereas, the City Council finds that dynamic display should be allowed on signs
3 but only with significant control."
4
5 MOTION/SECOND: Gunn/Mueller. To Waive the First Reading of Ordinance 818, Code
6 Amendment for Chapter 1106 (Conditional Use Permits for Dynamic Display Signs), as
7 amended above.
9 Council Member Stigney asked if language addressed if a dynamic sign caused an annoyance.
l0 Community Development Director Roberts advised that the Sign Code indicates that such signs
11 shall not cause disturbance to residents. In addition, the CUP Code has performance criteria.
12
13 Ayes - 5 Nays - 0 Motion carried.
14
15 B. Second Reading of Ordinance 817, an Ordinance Amending Title 500 of the
16 Mounds View City Code about Therapeutic Massage.
17
18 Assistant Clerk-Administrator Crane presented the Code amendment to address eligibility,
19 suspension/revocation, and training requirements for therapeutic massage therapy. Staff
20 recommends adoption and publication by summary.
21
22 Council Member Stigney felt there was some ambiguity with the training requirement and asked
23 if insurance is required as part of the application process. City Attorney Riggs stated the
24 individual being licensed is required to have insurance so it would be redundant to require the
25 applying entity to also have insurance.
26
27 Finance Director Mark Beer asked if an individual could collect against both sets of insurance if
28 both are required. City Attorney Riggs stated it would depend on the claim but could be possible
29 depending on the entity relationship.
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31 City Attorney Riggs read the training requirement wording referenced by Council Member
32 Stigney, and suggested the commas be deleted so it is clear that the 70 hours of resident course
33 study are required as part of earning the diploma or certification.
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35 Council Member Mueller suggested the sentence be restructured to provide the clarity needed.
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37 Council Member Stigney asked what is "certified therapeutic massage training." City Attorney
38 Riggs agreed that the word "certified" should be eliminated.
39
4o Council Member Mueller asked if the 400 hours needs to be completed within one calendar year.
41 Clerk-Administrator Ericson stated at least 400 hours would be required, even if it takes longer
42 than 12 months to accomplish.
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44 Council Member Stigney noted the language indicates "recognized school" and asked if that also
45 requires the school to be accredited. City Attorney Riggs explained there is not a State Board to
Mounds View City Council March 23, 2009
Regular Meeting Page 3
1 regulate massage therapy or institute standardized regulation.
2
3 Council Member Mueller asked if there is a time limit to acquire the training. City Attorney
4 Riggs noted that most professions require continuing education but Minnesota does not have
5 such regulations. He noted the proposed ordinance addressed the issues raised by the Council
6 but may need future amendments.
7
8 Council Member Stigney stated he would like the regulations to be consistent and asked if
9 Mounds View has a requirement for malpractice insurance for attorneys or doctors. Clerk-
lo Administrator Ericson clarified that Mounds View does not issue licenses for most professions.
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12 MOTION/SECOND: Mueller/Stigney. To Waive the Second Reading and Adopt Ordinance
13 817, an Ordinance Amending Title 500 of the Mounds View City Code about Therapeutic
14 Massage with changes discussed and to publish by summary.
is
16 ROLL CALL: Gunn/Mueller/Hull/Stigney/Flaherty.
17
18 Ayes - 5 Nays - 0 Motion carried.
19
20 C. Resolution 7426, Approving The Mermaid 2°d Addition Final Plat.
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22 Community Development Director Roberts presented the Second Addition Final Plat for The
23 Mermaid, noting the final plat approved by the Council on February 9, 2009 was subject to eight
24 conditions. He stated the lot divisions have not changed since the preliminary plat approval
25 except to meet the requirement of Ramsey County to dedicate a 15-foot wide roadway and utility
26 easement along the north side of County Road H. One condition requires the applicant to pay the
27 City's legal costs including document creation and revisions. Another condition requires the
28 outstanding TIF bond debt (about $409,000) to be paid if the hotel property is sold.
29
3o Mayor Flaherty opened the public hearing at 7:37 p.m.
31
32 Daniel Hall, 2200 Highway 10, stated he understands the City would call the TIF bond if they
33 sold the entire property. He noted that the majority of the TIF was used to buy out the rental
34 business, remove contaminated soils, get rid of the tanks, and the blighted building. He advised
35 that two-thirds of their taxes are for Mound Vista, not the hotel, and the City has received the
36 benefit of the TIF expenditure. Mr. Hall advised that the potential buyer is thinking about an
37 addition, which would add tax value. However, requiring the payment of $409,000 would kill
38 the deal.
39
4o Robert Hajek, 3433 Broadway Place, attorney representing the Halls, commented on their
41 purchase of The Mermaid and that the hotel is too small for economic viability and needs to be
42 enlarged. The Halls cannot get financing to do it themselves but have talked with a buyer who
43 has sufficient finances to handle an addition, which would double the value of the hotel from a
44 tax standpoint when the agreement comes off in 2013. In addition, Ramsey County will be
45 making improvements to create a nicer entrance. However, none of this will occur if the City
Mounds View City Council March 23, 2009
Regular Meeting Page 4
'~ 1 does not allow the TIF to continue. Mr. Hajek stated the plat under consideration will not be
2 submitted to the County for filing unless there is a purchase agreement since it also addresses
3 parking for a hotel and addition. He advised that the local bond holder indicated it wants to
4 continue with the TIF note paying 7.5% and will likely take the entire note since the out of state
5 bank wants to get paid off. The Halls have also personally guaranteed the TIF note.
6
7 Mayor Flaherty closed the public hearing at 7:46 p.m.
9 Council Member Mueller asked if the project meets the Fire Code or the City has seen the hold
1o harmless agreement. Community Development Director Roberts stated the City had not.
11
12 City Attorney Riggs stated the Council considers the resolution; however, the EDA has to make
13 the decision on the TIF bond question. Currently, the TIF agreement contains a due on sale
14 clause.
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16 Council Member Mueller asked if resolution approval would force the Planning Commission or
17 EDA to accept an expansion of the property. City Attorney Riggs stated it would not.
18
19 Council Member Mueller asked if it is normal to ask to renegotiate bond terms due to the
20 economy. City Attorney Riggs advised this is not a novel request.
21
22 Daniel Hall stated the local bank has already indicated they would keep their TIF bond and be
23 willing to pick up the other TIF since it was at 7.5% interest. Council Member Gunn stated that
24 written correspondence would need to be obtained from the current TIF bondholders.
25
26 City Attorney Riggs stated the City has not reviewed the bond documents and the EDA can
27 consider the TIF issue but the bondholders would also need to be a participant.
28
29 The Council discussed scheduling an EDA meeting on April 6, 2009, to consider the TIF issues.
30
31 Council Member Stigney stated the EDA needs to receive information and recommendations
32 from staff on the options that can be considered at the meeting. City Attorney Riggs explained
33 that the language of the bonds may drive the timing since some require 30 days notification.
34
35 Mr. Hajek asked the Council to approve the plat with conditions so they can work towards
36 meeting those conditions. He also requested direction on what the applicant needs to provide.
37
38 City Attorney Riggs recommended postponement and direction to staff to work with the
39 applicant. He also recommended the TIF and plat issues be considered at the same time.
40
41 Council Member Gunn stated that due to the economic downturn, she thinks the Council should
42 look at these issues.
43
44 Council Member Stigney stated he wants a staff recommendation on what, if any,
45 accommodation the Council should consider at this point. Community Development Director
Mounds View City Council March 23, 2009
Regular Meeting Page 5
1 Roberts stated it is a policy consideration whether the TIF payment should be required now or the
2 bond agreements renegotiated.
3
4 Mayor Flaherty stated the Halls have been good neighbors in Mounds View but the Council has
5 to consider what is best for the City.
6
7 MOTION/SECOND: Flaherty/Stigney. To Postpone Consideration of Resolution 7426,
8 Approving The Mermaid 2°a Addition Final Plat for the Property at 2200 County Highway 10
9 (The Mermaid).
to
11 Ayes - 5 Nays - 0 Motion carried.
12
13 D. Resolution 7427, Approving a Longevity Wage Increase for Investigator Kirk
14 Leitch of the Mounds View Police Department.
15
16 Assistant Clerk-Administrator Crane presented the report of Deputy Chief Kinney that
17 Investigator Kirk Leitch has performed satisfactorily and recommends a longevity wage
18 adjustment from $33.49 per hour to $35.16 per hour effective April 7, 2009.
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MOTION/SECOND: Mueller/Hull. To Adopt Resolution 7427, Approving Longevity
Adjustment.
Assistant Clerk-Administrator Crane read the Resolution in full.
Ayes - 5 Nays - 0 Motion carried.
E. Schedule an Executive Session of the Council Immediately Following the
Conclusion of the Regular Council Meeting to Conduct an Evaluation of an
Individual Subject to the Council's Authority.
MOTION/SECOND: Mueller/Hull. To Schedule an Executive Session of the Council
immediately following the conclusion of the regular Council meeting to conduct an evaluation of
an individual subject to the Council's authority.
Ayes - 5
8. CONSENT AGENDA
Nays - 0 Motion carried.
Mayor Flaherty asked to remove Items B and C.
A. Licenses for Approval.
D. Resolution 7425 Approving Fourteenth Rider to the Agreement with the St.
Paul Board of Water Commissioners.
Mounds View City Council March 23, 2009
Regular Meeting Page 6
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E. Schedule a Public Hearing for Monday, Apri113, 2009, at 7:05 p.m., for a
First Reading of Ordinance 819, an Ordinance to Approve an Amendment to
Chapter 7, Section 7.03, of the City Charter Relating to Taxation and
Finances.
MOTION/SECOND: Mueller/Stigney. To Approve the Consent Agenda Items A, D, and E.
Ayes - 4 Nays - 0 Motion carried.
Council Member Gunn was absent at the time of the vote.
B. Standard Operating Guidelines -Administrative Hearing Process.
Mayor Flaherty suggested a $50 filing fee for an administrative hearing, asked that the cited Code
be identified as "Section 702-02, Subdivision 2," and that wording be added to indicate the
written report would be issued to "all interested parties."
Clerk-Administrator Ericson advised staff will amend the Fee Schedule to include a $50
administrative hearing fee for the Council's future consideration.
MOTION/SECOND: Flaherty/Gunn. To Approve Standard Operating Guideline 09-12,
Administrative Hearing Process, as amended above.
Ayes - 5 Nays - 0 Motion carried.
C. Resolution 7424 Approving Tree Removal Contracts for the 2009.
Mayor Flaherty read the company names and costs for no access tree removal and with access
tree removal, noting they are reasonable prices.
MOTION/SECOND: Flaherly/Mueller. To Approve Resolution 7424, Approving the Contract
Associated with the 2009 Tree Removal Program.
Ayes - 5 Nays - 0 Motion carried.
Council Member Mueller commended staff for its recommendations resulting in the City's
leading-edge efforts to lower expenditures by sharing costs through Joint Powers Agreements
with other communities.
9. JUST AND CORRECT CLAIMS
Council Member Gunn referenced Page 4, Broadway Heating and Air Conditioning. Finance
Director Beer stated it is for a coil repair in the Police Department.
Mounds View City Council March 23, 2009
Regular Meeting Page 7
1 Mayor Flaherty referenced Page 15, North American Salt Company. Finance Director Beer
2 advised the salt was purchased on February 19, 2009, and the invoice was just received.
3
4 MOTION/SECOND: Mueller/Flaherty. To Approve the Just and Correct Claims as Presented.
s
6 Ayes - 5 Nays - 0 Motion carried.
7
8 10. APPROVAL OF MINUTES
9 A. February 23, 2009 City Council Meeting.
to
11 Mayor Flaherty requested a correction on Page 2, Line 18, to indicate that Mr. Munsterman did
12 not install a new gate, but installed a different lock on the old gate.
13
14 Council Member Mueller requested a correction on Page 2, Line 7, to insert the address of 2273
15 Pinewood Drive.
16
17 MOTION/SECOND: Flaherty/Gunn. To Approve the February 23, 2009 City Council Meeting
18 Minutes as Corrected.
19
20 Ayes - 5 Nays - 0 Motion carried.
21
• 22 11. REPORTS
23 A. Reports of Mayor and Council.
24
25 Council Member Mueller announced that the Festival in the Park is seeking volunteers and
26 advised of their contacts and meeting schedule.
27
28 Mayor Flaherty thanked the Police Department and Officer Kasey Keckeisen who gave a
29 presentation at a Neighborhood Watch Group. He encouraged neighborhoods to contact Police
3o Chief Sommer should they want to organize a Watch Group.
31
32 B. Reports of Staff.
33 1. Metropolitan Council Federal Stimulus Grant Application.
34
35 Joe Rhein, Consulting Engineering with Bonestroo, explained why the City's street project was
36 not eligible for the Green Project Reserve grant opportunity, which was learned prior to making
37 application. He advised the Metropolitan Council was appropriated $7.5 million under the
38 stimulus package and is taking grant applications for transportation enhancement projects. Mr.
39 Rhein explained that eligible projects would be Trails 6, 7, 8 and 11, gateway monument signs,
40 or the landscaping (estimated at $400,000) for Trails 1-5, which was eliminated when the project
41 scope was reduced. He estimated the cost for application preparation would be $1,000 to $1,500.
42
43 Council Member Gunn stated support to make application and include the gateway monuments,
• 44 noting the new City logo can be incorporated.
45
Mounds View City Council March 23, 2009
Regular Meeting Page 8
. 1 Council Member Mueller asked if the other trails could be included in the application. Mr.
2 Rhein stated those projects would not be ready by November of 2009 since easements are
3 required for those trail sections.
4
5 Council Member Hull asked how the landscaping can be funded for the other trail segments. Mr.
6 Rhein stated that has not been determined. Council Member Hull noted the rest of the trail
7 segments may then look different because the City may not be able to fund landscaping. Mr.
8 Rhein stated that is correct, but noted they do not currently appear the same.
9
10 Council Member Mueller stated support to make application since the trail landscaping meets the
11 grant criteria and the cost to make application is minimal.
12
13 Mayor Flaherty concurred and indicated support to include the gateway monuments since the
14 logos could be included, as mentioned by Council Member Gunn.
15
16 Council Member Stigney asked if it would be a disadvantage to submit a larger application. Mr.
17 Rhein stated the information does not indicate whether they prefer large or small-scale projects.
18 He suggested they ask that question of the Metropolitan Council.
19
20 Council Member Mueller recommended the grant application stress that Mounds View is divided
21 by a major highway and the need for pedestrian crossing to assure safety.
22
23 Council consensus was reached to direct Mr. Rhein to move forward with the application and
24 work with staff on the scope to be included.
25
26 2. Other.
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28 Mr. Rhein reported on the high attendance and positive outcome of the 2009-2010 Street Project
29 informational meeting.
30
31 Clerk-Administrator Ericson updated the Council on meetings attended, and that the County
32 project for the intersection of Silver Lake Road and County Road H is moving forward.
33
34 Clerk-Administrator Ericson stated the Visit Minneapolis North Visitors and Convention Bureau
35 is allowing member cities east of the Mississippi River the ability to opt out one year early and
36 potentially create a new Bureau focused around the National Sports Center. Staff will continue
37 to monitor that activity and keep the Council informed.
38
39 Clerk-Administrator Ericson reminded the Council of the upcoming community meetings and
4o ribbon cutting for the New Brighton Post Office.
41
42 Clerk-Administrator Ericson distributed the updated goals discussed at the February 28, 2009,
43 staff and Council Retreat and the draft Apri16, 2009, Council Work Session agenda.
44
45 Mayor Flaherty stated the goals will be presented at the Apri125, 2009, Town Hall meeting.
Mounds View City Council March 23, 2009
Regular Meeting Page 9
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Community Development Director Roberts announced the May 12, 2009, Housing Expo, and
advised of topics that will be presented.
Finance Officer Beer updated the Council on the annual financial audit and preparation of the
financial statement.
Clerk-Administrator Ericson noted Public Works Director DeBar will start March 30, 2009.
C. Reports of City Attorney.
Mayor Flaherty noted the title change from Clerk-Administrator to City Administrator remains
pending. Clerk-Administrator Ericson stated that issue is before the Charter Commission.
Council Member Mueller commented on the Highway 610 expansion project and asked staff to
remain vigilant about the need for the sound wall because once fully completed, it will greatly
increase traffic on County Road 10.
12. Next Council Work Session: Monday, Apri16, 2009, at 6 p.m.
Next Council Meeting: Monday, Apri113, 2009, at 7 p.m.
13. RECESS TO EXECUTIVE SESSION
MOTION/SECOND: Mueller/Hull. To Recess to Executive Session to conduct an evaluation of
an individual, Clerk-Administrator Ericson, subject to the Council's authority.
Ayes - 5 Nays - 0
The meeting was recessed at 9:07 p.m.
Transcribed by:
Carla Wirth
Timesaver Off Site Secretarial, Inc.
Motion carried.
C_~