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HomeMy WebLinkAboutMinutes - 2009/05/26PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA °~~ ~~ ~ I~ Regular Meeting May 26, 2009 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 7:12 P.M. 1. MEETING IS CALLED TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Flaherty, Council Member Stigney, Hull, Mueller, Gunn. NOT PRESENT: None. 4. APPROVAL OF AGENDA A. Monday, May 26, 2009, City Council Agenda. MOTION/SECOND: Mueller/Hull. To Approve the Monday, May 26, 2009, agenda as presented. Ayes - 5 Nays - 0 Motion carried. 5. PUBLIC INPUT Torri Johnson, 7730 Long Lake Road, complimented the City on its new website design. She stated there has been a rash of door-to-door solicitations and asked what residents can do. Mayor Flaherty suggested the resident ask to see the peddler's permit or, if they are not comfortable doing that, tell the solicitor they are not interested and then contact and inform City staff. Tom Winiecki, 2748 Sherwood Road, questioned the status of the nuisance he had informed the Council about on May 4, 2009 and asked for copies of police reports issued since May 5, 2009. Community Development Director Roberts stated staff will provide the requested information by Thursday. Cam Obert, 8315 Greenwood Drive, stated he provided staff with a long list of code violations that have been problem properties for up to 14 years. He expressed his frustration that nothing happens to improve this situation due to funding and suggested that imposing fines could pay for staff to do Code enforcement. Mr. Obert expressed concern that his property values have been diminishing because of this situation. Mounds View City Council May 26, 2009 Regular Meeting Page 2 Mayor Flaherty agreed that violations have gone on too long and noted staff has issued twice as many complaints as in past years. He explained the City has no other recourse than to turn it over to the court system and if compliance is not reached, abate the nuisance. Mayor Flaherty assured Mr. Obert that properties are being cleaned up. Mr. Obert suggested Mounds View go to a City Manager form of government so things will get done and the Code upheld. Tom Winiecki, 2748 Sherwood Road, stated he believes the City's posted No Parking signs for overnight parking (2 a.m. to 6 a.m.) are being ignored; another violation not being enforced. 6. SPECIAL ORDER OF BUSINESS A. Special Recognition of Mounds View Residents Jonathan Smith and Brent Fyksen. Mayor Flaherty read the Police Chief citations commending residents Jonathan Smith and Brent Fyksen for their assistance. He thanked both residents for their diligence and heroic action. 7. COUNCIL BUSINESS A. Resolution 7453, Approving a Residential Kennel License for Craig and Karen Stern located at 2317 Hillview Road. Assistant Clerk-Administrator Crane presented the residential kennel license request of Craig and Karen Stern, 2317 Hillview Road, for three dogs. She advised the dogs are licensed, the property is fenced, and the applicant had submitted a valid resident petition. There have been no incidents so staff recommends approval. MOTION/SECOND: Mueller/Gunn. To Waive the Reading and Adopt Resolution 7453 Approving a Residential Kennel License located at 2317 Hillview Road for Craig and Karen Stern. B. First Reading and Introduction of Ordinance 820, an Ordinance Deleting Chapter 611 from the City Code Relating to Outdoor Special Events. Clerk-Administrator Ericson presented staff's recommendation to strike Chapter 611 related to outdoor special events and let the Code address issues related to an outdoor event. At the last meeting, Council felt outdoor events on private property do not need to be regulated. For public events, the Council has the discretion. Staff revised the Ordinance to delete Chapter 611 and recommends adoption. MOTION/SECOND: Gunn/Mueller. To Approve First Reading and Introduce Ordinance 820, an Ordinance Amending Title 600 by Deleting Chapter 611 of the City Code relating to Outdoor Special Events. Mounds View City Council May 26, 2009 Regular Meeting Page 3 Council Member Stigney stated his preference to be proactive, not reactive, and asked what other cities do with outdoor street dances on private property or outdoor events at businesses. He noted that other cities require a permit and a fee to cover the City's costs. He suggested the existing ordinance language be held in abeyance until new language is crafted. Mayor Flaherty stated he was surprised the chapter was deleted and agreed with Council Member Stigney that it is reactionary. Clerk-Administrator Ericson explained the ordinance dealt with outdoor special events by requiring a permit and permit fee and alerted the City that the event would occur. But, any response would be reactionary if a problem occurred (noise, debris). He suggested that issuing a permit does not mean there would be no violations. Chapter 611 only let the City know what was going on and provided guidelines, which they needed to do anyway. Mayor Flaherty stated the benefit is that the City will know ahead of time that an event is being planned. He agreed the current Code was restrictive and cumbersome but he wanted something in place to assure protection for the City's residents. Council Member Gunn asked if a permit is needed should a band practice in someone's garage and people come to listen. She felt Chapter 611 was too restrictive so she supports the motion to delete that Chapter and allow the Code to address problems that may arise. Council Member Hull asked if the City will oversee the event scheduled at Moe's. Clerk- Administrator Ericson stated Chapter 611 will not change the City's response to addressing outdoor events. He noted the Council already controls events held on public property. Council Member Mueller stated she had originally felt the ordinance was the right thing to do since it spelled out the rules to assure compliance and not have an event that created a nuisance for residents. However, implementing that ordinance caused problems at the staff level because of the time it took to issue event permits. She stated staff time is immensely valuable but an additional staff person would be needed to issue event permits, ensure compliance, and address violations. Council Member Mueller stated she does not support Chapter 611. Council Member Stigney stated the intent was to regulate outdoor events, noting some serve beer and/or liquor. He suggested other cities have crafted such an ordinance because there were problems with those events. Council Member Stigney stated he does not support deleting Chapter 611 and thinks the permitting process, if crafted properly, will establish guidelines, a permit fee, and protect the City. Attorney Riggs stated the Council has the authority to advise staff to not enforce the ordinance pending changes. He noted the proposed ordinance requires two readings. Council Member Gunn felt it was not worth the effort to reword Chapter 611 and that a new Chapter can be drafted to better suit the City's needs. Mounds View City Council May 26, 2009 Regular Meeting Page 4 Council Member Hull asked if there is enough language in the City's current code to address outdoor events. Clerk-Administrator Ericson stated staff believes the current Code has adequate tools to address situations that could arise. Council Member Mueller stated if a local business is going to have an event, notification of the neighbors is not required. However, the community would be informed from the advertisement of the event. She offered to contact several cities to learn about their regulations. Council Member Stigney stated there is nothing in the ordinance language to prevent a business from having an outdoor event every week. Council Member Mueller noted a business recently requested a CUP to do outdoor business and if the activity became habitual (every weekend); they would need a CUP, which would provide a measure of control. Mayor Flaherty noted some businesses are nestled into residential areas so he supports prior notification. He agreed Chapter 611 is too restrictive as written but something is needed should a nuisance occur from an outdoor event AMENDMENT MOTION: Stigney/Flaherty. To hold Chapter 611 in abeyance and direct staff to rewrite the ordinance language. Ayes - 2 (Stigney, Flaherty) Nays - 3 Amendment motion failed. Ayes - 3 Nays - 2 (Stigney, Flaherty) Motion carried. C. Resolution 7451 Authorization to Hire a Replacement Police Officer to Fill a Vacancy Created by a Retirement. Police Chief Sommer presented staff's request to hire a replacement police officer to fill the opening created by the retirement of Officer Gerringer. He advised that the Police Civil Service Commission has already certified an eligibility list and the recommendation would come before the Council for final action. Council Member Mueller asked if this officer just recently decided to retire. Police Chief Sommer stated the retiring officer provided two weeks notice and left in good standing. MOTION/SECOND: Gunn/Hull. To Waive the Reading and Adopt Resolution 7451, Authorization to Hire a Police Officer. Ayes - 5 Nays - 0 Motion carried. D. Resolution 7452 Approving the Hire of Kirsten Lafean as Police Officer. Mounds View City Council May 26, 2009 Regular Meeting Page 5 . Police Chief Sommer presented staff's request to hire Kirsten Lafean as Police Officer, Step One rate of pay in accordance with the Law Enforcement Labor Services Contract, effective on June 1, 2009. He advised that Ms. Lafean has successfully completed all required testing and worked part-time as a community service officer. MOTION/SECOND: Mueller/Gunn. To Waive the Reading and Adopt Resolution 7452, Appointing Kirsten Lafean to the Position of Police Officer. Council Member Stigney asked about the salary requirements. Clerk-Administrator Ericson stated the resolution will be revised to include that information. Council Member Mueller and Council Member Gunn agreed to this friendly amendment. Ayes - 5 Nays - 0 Motion carried. E. First Reading and Introduction of Ordinance 822, an Ordinance Amending Chapter 202 of the Mounds View City Code by Adding Section 202.20 Establishing a Process for the Collection of Costs Associated with Emergency Services, Unpaid Service Charges and Fees, and Unpaid Administrative Offense Penalties. • Clerk-Administrator Ericson presented the draft ordinance to addresses an amendment to the City Charter related to administrative offenses and provide necessary procedures to charge fees. Staff recommends approval. Council Member Mueller thanked City staff and the Council for being proactive and stated she is proud of what Mounds View has accomplished. Council Member Mueller asked when someone has been charged for emergency services (Subdivision 2). Attorney Riggs stated the language is consistent with State Statutes and allows the City full latitude to address things like repeat nuisance alarms. Mayor Flaherty noted the language states "may impose," giving the Council that option. Attorney Riggs confirmed that is the case and addresses the recent audit callout related to emergency service fees and charges. Council Member Stigney suggested the words "repeated" and "nuisance" be included in Subdivision 2. Attorney Riggs advised that is addressed elsewhere and the language in Subdivision 2 addresses the issue of collection of the penalty. MOTION/SECOND: Mueller/Stigney. To Waive First Reading and Introduce Ordinance No. 822, an Ordinance Amending Title 200, Chapter 202, of the Mounds View City Code by Adding Section 202.20 Establishing a Process for the Collection of Costs Associated with Emergency Services, Unpaid Service Charges and Fees, and Unpaid Administrative Offense Penalties. Ayes - 5 Nays - 0 Motion carried. Mounds View City Council May 26, 2009 Regular Meeting Page 6 F. First Reading and Introduction of Ordinance 823, an Ordinance Amending Chapter 702 of the Mounds View City Code by Amending Section 702.02 as to the Process for the Collection of Fees, Penalties and Charges Associated with Unpaid Administrative Offense Penalties. Clerk-Administrator Ericson presented Ordinance 823 as a companion of Ordinance 822 to spell out the process for a hearing and certification of unpaid fines. The language is consistent with the Charter Commission recommendation. Council Member Stigney read Subdivision Sb and asked who pays the neutral third party. Clerk- Administrator Ericson explained it would be paid by the property owner. Attorney Riggs advised the City's policy spells out that is the case. MOTION/SECOND: Mueller/Gunn. To Waive First Reading and Introduce Ordinance No. 823, an Ordinance Amending Title 700, Chapter 702, of the Mounds View City Code by Amending Section 702.02 as to the Process for the Collection of Fees, Penalties and Charges Associated with Unpaid Administrative Offense Penalties. Mayor Flaherty read Subsection 7, request for a hearing, and asked if the seven days includes week days or weekend days. Attorney Riggs verified it is seven calendar days. Council Member Stigney asked about the number of days for receipt of the compliant. Attorney Riggs explained the "mailbox rule" that starts the "clock" for issuance. Clerk-Administrator Ericson advised if staff has any question about whether the property received adequate notice, an appeal hearing will be allowed. Ayes - 5 Nays - 0 Motion carried. 8. CONSENT AGENDA A. Licenses for Approval. MOTIONISECOND: Mueller/Hull. To Approve the Consent Agenda as Presented. Ayes - 5 Nays - 0 Motion carried. 9. JUST AND CORRECT CLAIMS Mayor Flaherty referenced Page 1, private properly rebate. Finance Director Beer explained that less work was needed for a utility connection so the property owner was rebated the overcharge. Council Member Mueller referenced Page 4, Davis Lock and Safe. Finance Director Beer stated it was for the Groveland Park building. Mayor Flaherty requested additional details since it is an expense of $1,100. Mounds View City Council May 26, 2009 Regular Meeting Page 7 Mayor Flaherty referenced Page 10, road salt. Finance Director Beer advised the City is required by contract to purchase 80 percent by a certain date and the salt is in storage for use this coming winter. MOTION/SECOND: Mueller/Hull. To Approve the Just and Correct Claims as Presented. Ayes - 5 Nays - 0 Motion carried. 10. APPROVAL OF MINUTES A. April 27, 2009, City Council Meeting Minutes. MOTION/SECOND: Mueller/Flaherty. To Approve the Apri127, 2009, City Council Meeting Minutes as Submitted. Ayes - 5 Nays - 0 Motion carried. B. May 11, 2009, City Council Meeting Minutes. Council Member Mueller requested a correction on Page 3, Line 34, "...history of several years with our City." MOTION/SECOND: Mueller/Stigney. To Approve the May 11, 2009, City Council Meeting Minutes as Corrected. Ayes - 5 Nays - 0 Motion carried. 11. REPORTS A. Reports of Mayor and Council. Council Member Mueller announced the need for volunteers, vendors, and sponsors for the August 22, 2009, Festival in the Park. She also commented on the Ninth Annual Hanger Dance held in Blaine with over 675 people in attendance. Mayor Flaherty complimented the Police Chief and Staff on the recently held emergency management meeting. Mayor Flaherty referenced the e-mail from Public Works Director DeBar indicating the City Forester has confirmed there are no cases of Emerald Ash Bore in Mounds View and advising of how to prevent its spread. Mayor Flaherty reported on the successful Spring Clean Up Day with 291 customers, a 40 percent increase from 2008, and announced the June 2, 2009, public informational meeting for Areas B and C of the street utility program. B. Reports of Staff. Mounds View City Council May 26, 2009 Regular Meeting Page 8 • Council Member Stigney questioned the status of Code violation Case CEO 9-21. Community Development Director Roberts stated staff contacted the owner of the trailer and it is to be moved within 7 to 10 days. Council Member Stigney asked for an update on when that will occur. 1. Police Department Quarterly Report. Police Chief Sommer presented the first quarter report for 2009 and extended appreciation to the three Police Officers who had participated in the 2009 Climb for the Benefit at the IDS Tower. Council Member Mueller asked Police Chief Sommer to regularly send letters to business owners that pass compliance tests for alcohol and tobacco sales, noting the business sometimes rewards employees for their diligence in checking identifications. Mayor Flaherty commented on the reduction in adult and juvenile arrests, calls for service, court citations, and administrative offenses, which shows the successful work of the Police Department. He relayed the resident comment about violations to the overnight parking ordinance and asked the Police Chief to so inform officers C. Reports of City Attorney. • City Attorney Riggs thanked staff for its assistance with drafting the ordinances considered tonight. Council Member Mueller asked staff to assure delinquent property taxes will be paid prior to considering liquor license approvals. Clerk-Administrator Ericson stated his understanding that one property remains delinquent. 12. Next Council Work Session: Next Council Meeting: Monday, June 1, 2009, at 7:00 p.m. Monday, June 8, 2009, at 7:00 p.m. 13. ADJOURNMENT The meeting was adjourned at 8:50 p.m. Transcribed by: Carla Wirth Timesaver Off Site Secretarial, Inc. •