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HomeMy WebLinkAboutMinutes - 2009/09/28• PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOT Regular Meeting September 28, 2009 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 LED BY PINEWOOD ELEMENTARY STUDENTS At the request of Mayor Flaherty, several Pinewood Elementary students introduced themselves. 3. ROLL CALL: Flaherty, Stigney, Hull, Mueller, Gunn. NOT PRESENT: None. • 4. APPROVAL OF AGENDA A. Monday, September 28, 2009, City Council Agenda. MOTION/SECOND: Gunn/Mueller. To Approve the Monday, September 28, 2009, agenda as presented. Ayes - 5 Nays - 0 Motion carried. 5. PUBLIC INPUT None. 6. SPECIAL ORDER OF BUSINESS A. Rick Wriskey -Resolution of Appreciation and Outstanding Service Award. Mayor Flaherty read in full a Resolution of Appreciation and presented Rick Wriskey with an Outstanding Service Award recognizing his 28 years of service to the City of Mounds View as the City Forester. Pinewood Elementary School students presented statements thanking Mr. Wriskey for his work to plant trees at their School and commitment to conservation programs. • Mounds View City Council September 28, 2009 Regular Meeting Page 2 i Cindy Palm, representing the Park, Recreation, and Forestry Commission, thanked Mr. Wriskey for his service and advised that a tree will be planted in a park of Mr. Wriskey's choice in his honor. Mr. Wriskey stated his thanks to Arbor Day volunteers and the many Mounds View residents and community groups who have volunteered. Mayor Flaherty and the Council extended their best wishes to Mr. Wriskey on his retirement. 7. COUNCIL BUSINESS A. 7:05 p.m. Public Hearing for the Second Reading and Adoption of Ordinance 828, Amending the Zoning Code about Accessory Buildings. Planning Associate Heller reviewed revisions made and presented staff's recommendation to approve second reading and adopt Ordinance 828 that amends the Zoning Code related to the definition of building height, roof pitch, accessory building separation distance, materials, and exterior design. Mayor Flaherty opened the public hearing at 7:18 p.m. Hearing no public input, Mayor Flaherty closed the public hearing at 7:18 p.m. Council Member Mueller asked about the measurement of the building height. Planning Associate Heller explained how the building height would now be measured to the peak of the building, which is easier for residents to understand. MOTION/SECOND: Mueller/Stigney. To Waive the Second Reading and Adopt Ordinance 828, Amending Chapters 1102, 1104, and 1106 of the Mounds View Zoning Code about the definition of building height and about various code provisions about accessory buildings including height, required accessory building separation distance, materials, and exterior design, and authorize publication of an ordinance summary in the official City newspaper in accordance with City Charter Section 3.07. ROLL CALL: Stigney/Hull/Mueller/Gunn/Flaherty Ayes - 5 Nays - 0 Motion carried. B. 7:10 p.m. Public Hearing for the Second Reading and Adoption of Ordinance 832, Amending the Zoning Code by Adding Daycares as an Allowed Accessory Use in Public and Semi-Public Buildings. Planning Associate Heller presented staff's recommendation to approve second reading and adopt Ordinance 832 that amends Chapters 1102 and 1106 of the Zoning Code to allow child and adult day care centers as accessory or secondary use in R-1 zoning districts. Mounds View City Council September 28, 2009 Regular Meeting Page 3 Mayor Flaherty opened the public hearing at 7:22 p.m. Hearing no public input, Mayor Flaherty closed the public hearing at 7:22 p.m. MOTION/SECOND: Mueller/Gunn. To Waive the Second Reading and Adopt Ordinance 832, Amending Chapters 1102 and 1106 of the Mounds View Zoning Code to allow child and adult daycare centers as an accessory or secondary use in R-1 zoning districts in public or semi-public recreational buildings and neighborhood or community centers, public and private educational institutions limited to elementary, junior high, and senior high schools and religious institutions, such as churches, temples, and synagogues, and authorize publication of an ordinance summary in the official City newspaper in accordance with City Charter Section 3.07. ROLL CALL: GL-nn/Mueller/Hull/Stigney/Flaherty Ayes - 5 Nays - 0 Motion carried. C. Second Reading of Ordinance 834, Amending Chapter 504 of the City Code about Transient Merchants, Peddlers and Solicitors. Clerk-Administrator Ericson presented the revisions made to the draft ordinance to be consistent with Minnesota Statutes and court rulings pertaining to constitutional "free speech" issues. Staff recommends approval of second reading, adoption of Ordinance 834, and publication by ordinance summary. Mayor Flaherty opened the public hearing at 7:26 p.m. Hearing no public input, Mayor Flaherty closed the public hearing at 7:26 p.m. Council Member Mueller referenced Page 7, Subdivision 4, and noted that if a permit is revoked, application cannot be made for a replacement permit for six months. In addition, an appeal process is available. MOTION/SECOND: Stigney/Mueller. To Waive the Second Reading and Adopt Ordinance 834, Amending Title 500, Chapter 504, of the Mounds View City Code regulating peddlers, solicitors, transient merchants, non-commercial door to door advocates, and similarly situated persons, and authorize publication of an ordinance summary in the official City newspaper in accordance with City Charter Section 3.07. Mayor Flaherty asked if a permit is needed for a high school football player to sell raffle tickets door-to-door. Clerk-Administrator Ericson stated the school would contact and inform the City if students will be going door-to-door. However, in the case of a solicitor, a peddler's permit is needed and the solicitor must have the permit in his/her possession when soliciting. In the case of a politician going door-to-door, a permit and registration are not needed. Council Member Gunn asked about the delivery of Avon catalogues. Attorney Riggs stated the ordinance is as comprehensive as possible but there may be situations where something does not fit. Dropping off catalogs and soliciting sales, such as with Avon, would require registration and Mounds View City Council September 28, 2009 Regular Meeting Page 4 permit. In the case of a Schwan's truck and sales, registration and permit are not required. Council Member Stigney asked if distributing a flyer or door hanger is not allowed without a permit. Attorney Riggs stated that is allowed; however, a catalogue for sales requires a permit. Council Member Stigney asked about apre-solicitor who is scheduling sales/quote appointments. Attorney Riggs stated if that activity fits the definition that it leads to a sale, registration and permit are required. ROLL CALL: Hull/Gunn/Stigney/Mueller/Flaherty Ayes - 5 Nays - 0 Motion carried. D. Resolution 7493, Adopting a Special Assessment Levy for Private Improvements in Area A of the Street and Utility Improvement Program. Finance Director Beer explained that property owners were offered the opportunity to have private improvements completed as part of the Area A street project. Amounts not paid by October 28, 2009, will be forwarded to Ramsey County for collection with the 2010 property taxes, along with a $35 administrative fee and interest at a rate of 5.50% accrued from September 28, 2009. It was noted that these improvements were within the property right-of--way. MOTION/SECOND: Mueller/Hull. To Waive the Reading and Adopt Resolution 7493, Adopting a Special Assessment Levy for Private Improvements in Area A of the Street and Utility Improvement Program. Ayes - 5 Nays - 0 Motion carried. E. Introduction and First Reading of Ordinance 836, Vacating a Sanitary Sewer Easement at 2200 County Highway 10. Planning Associate Heller presented the application of Dan Hall for the vacation of a sanitary sewer easement that has never been used and staffls recommendation for approval. She advised the hotel has been sold and the buyer's attorney has requested vacation of this easement. MOTION/SECOND: Gunn/Mueller. To Waive the First Reading and Introduce Ordinance 836, Authorizing a Vacation of a Sanitary Sewer Easement on the Mermaid property, located at 2200 County Highway 10. Ayes - 5 Nays - 0 Motion carried. F. Resolution 7501, Adopting Non-Standard Street Design for Edgewood Drive. Public Works Director DeBar reviewed the past meetings held to discuss the design for Edgewood Drive and described the current configuration and traffic volumes. He presented the three viable options considered, discussions held with residents and school staff, and Streets and Mounds View City Council September 28, 2009 Regular Meeting Page 5 • Utilities Committee's recommendation for anon-standard street design configuration for Edgewood Drive between County Road H and H2 identified as Option 3. Ken Glidden, 5240 Edgewood Drive, thanked staff and the Streets and Utilities Committee for the time taken to discuss this matter and encouraged the Council to approve recommended Option 3. Dave Warwick, 5081 Edgewood Drive, stated his property is impacted by increased school traffic and he believes Option 3 is the best option for the residents, school, and student safety. Mayor Flaherty asked residents about parking on Edgewood Drive and sight lines when backing out of their driveway. Mr. Warwick stated he does not recall there ever being a safety issue with backing out of driveways. However, there were past parking issues related to no parking on the west side when Edgewood School was used as a Community Center, and residents wanted to force parking to the other side. More recently, the school felt there was a safety issue and requested parking on the east side of the street during school hours. Residents are allowed to park on the east side during the summer and when school is not in session. Mr. Glidden stated there is a parking issue at the school and residual area of no parking north of • the school in the area that he lives. He explained this area is posted with "No Parking" signs and if the signs are not needed, he would prefer the signs be removed. MOTION/SECOND: Mueller/Hull. To Waive the Reading and Adopt Resolution 7501, Non- standard Street Design Configuration for Edgewood Drive, utilizing recommended Option 3. Council Member Mueller thanked the Streets and Utilities Committee and residents for their work on this matter. She noted that Option 3 is the most expensive but felt to be the safest design. Council Member Mueller stated she has faith this is the correct decision for Edgewood Drive. Mayor Flaherty congratulated the Streets and Utilities Committee for working with residents while formulating its recommendation. Ayes - 5 Nays - 0 Motion carried. G. Resolution 7504, Authorizing Preliminary Surveying Services for Area D of the Street and Utility Improvement Program. Joe Rhein, Consulting Engineer, described the Street and Utility Improvement Program and improvements made to Areas A, B, and C. He presented staff's recommendation to authorize • preliminary surveying for Area D, which is to be constructed in 2011. Mr. Rhein advised the preliminary survey is estimated to cost $30,000 and if approved, would take place in October, 2009. He used a map to describe the location of Area D that contained 2.3 miles of streets and Mounds View City Council September 28, 2009 Regular Meeting Page 6 recommended the City proceed with this single area. Council Member Mueller asked if there would be a savings to combine the survey for Areas D and F. Mr. Rhein advised that survey work is billed by the hour so there is no economy of scale. Finance Director Beer advised against accelerating Area F due to financing; however, towards the end of the program the Council may consider blending Areas G and H into one project. MOTION/SECOND: Mueller/Stigney. To Waive the Reading and Adopt Resolution 7504, Authorizing Preliminary Surveying Services for Area D of the Street and Utility Improvement Program. Mayor Flaherty reviewed the streets included in Area D and encouraged residents to become involved. Mr. Rhein advised of the work that would be conducted to complete the survey and that a neighborhood meeting will be scheduled in March or early spring of 2010. Ayes - 5 Nays - 0 Motion carried. H. Set an Executive Session of the City Council to Review Labor Contract Negotiations Upon Conclusion of the Regular Council Meeting. Mayor Flaherty announced that at the conclusion of the agenda, the Council would recess into Closed Executive Session to discuss labor contract negotiations. At the end of the Closed Executive Session, the Council will adjourn from Executive Session. . Council Member Stigney left the Chambers at 8:16 p.m. 8. CONSENT AGENDA A. Licenses for Approval. B. Set a Public Hearing for 7:05 p.m., Monday, October 12, 2009, to Consider Special Assessments for Delinquent Utility Payments. C. Set a Public Hearing for 7:10 p.m., Monday, October 12, 2009, to Consider Special Assessments for Unpaid Administrative Offense Fines, Diseased Trees, and unpaid Property Abatement Charges. D. Set a Public Hearing for 7:15 p.m., Monday, October 12, 2009, for the Second Reading and Adoption of Ordinance 836, Vacating a Sanitary Sewer Easement at County Highway 10 and County Road H. E. Resolution 7502, Authorizing a Transfer of Ownership for a Cigarette and Tobacco License for Tobacco View, located at 2539 County Highway 10. MOTION/SECOND: Mueller/Hull. To Approve the Consent Agenda as Presented. Ayes - 4 Nays - 0 Motion carried. Council Member Stigney returned to the Chambers at 8:18 p.m. Mounds View City Council September 28, 2009 Regular Meeting Page 7 9. JUST AND CORRECT CLAIMS Council Member Mueller referenced Page 4, NW Family YMCA, and asked about the period of time it covered. Finance Director Beer advised it was for the fourth quarter. MOTION/SECOND: Mueller/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 Stigney suggested staff investigate the opportunity to include a tag line on the Community Sign. The Council concurred. Council Member Mueller reported on her attendance at "Music of the Knight" at Irondale High School, a marching band competition that showcased bands from the midwest. She commented • on the retirement party of Mr. Wriskey and thanked him for his 28 years of service to Mounds View that also resulted in being designated a Tree City USA. Clerk-Administrator Ericson reported on the topics discussed at the five cities Mayor's meeting. Clerk-Administrator Ericson commented on the retirement party of Mr. Wriskey and how fortunate Mounds View was to have this incredible employee for 28 years. B. Reports of Staff. 1. Liquor License Update - Moe's Assistant Clerk-Administrator Crane reviewed that on June 8, 2009, during consideration of Moe's liquor license, the Council accepted the property tax payment plan submitted by Jeff Moritko, owner of Moe's. However, Mr. Moritko has not fulfilled that plan to pay property taxes in full by October 1, 2009. Mr. Moritko has submitted a new payment plan indicating that payments would be made to bring taxes current by May 1, 2010. In addition, Moe's is delinquent in its liquor sales taxes with the Minnesota Department of Revenue. Assistant Clerk- Administrator Crane reviewed the options available for the Council's consideration and Code requirements that clearly state no intoxicating liquor license shall be issued on any premises on which taxes, assessments, utility bills, or other financial claims of the municipality are delinquent or unpaid. Council Member Mueller referenced the seven-page listing of properties delinquent in payment of State liquor sales tax that included two other properties in Mounds View. She asked if Mounds View City Council September 28, 2009 Regular Meeting Page 8 Ramsey County had approved this payment plan. Assistant Clerk-Administrator Crane stated Ramsey County had not seen the payment plan. Council Member Mueller stated her concern about the ability of Moe's to make tax payments without the ability to sell liquor. Council Member Gunn concurred and noted the Council had approved time extensions for another Mounds View business to allow them a chance. She stated she is willing to consider one more extension for Moe's but it would be the last chance she would consider. Council Member Stigney stated he felt an extension should only be allowed to January 1, 2010, to see if payments had been made as identified in the payment plan. Council Member Hull stated that given the difficult economic times, he is willing to consider an extension. He noted Mr. Moritko has indicated he would submit records showing payments made to May 1, 2010 so the City can be assured money is being set aside. Mayor Flaherty stated he assumed Mr. Moritko would follow the first payment plan but that did not happen. He indicated an extension to February 1 or March 1, 2010, may be appropriate. Clerk-Administrator Ericson stated staff is requesting direction for Council action on October 12, 2009. • Council Member Mueller requested a legal opinion. Attorney Riggs advised the State's Statutes and the City's Code are clear and it is not precedence setting in itself since the Council had given similar considerations in the past to other businesses. Council Member Mueller asked whether Mr. Moritko had been responsive to letters sent. Clerk-Administrator Crane stated she did not receive follow-up telephone calls but received an e-mail today. Council consensus was reached to consider only one more extension and to invite Mr. Moritko to the October 12, 2009, meeting. Council consensus was also reached to direct staff to send notification to The Mermaid about liquor sales tax and utility delinquencies and the amount to be certified for collection with the 2010 taxes. C. Reports of City Attorney. Noted. 12. Next Council Work Session: Monday, October 5, 2009, at 7:00 p.m. Next Council Meeting: Monday, October 12, 2009, at 7:00 p.m. 13. RECESS TO EXECUTIVE SESSION MOTION/SECOND: Mueller/Stigney. To Recess to Executive Session to review labor contract negotiations. Ayes - 5 Nays - 0 Motion carried. Mounds View City Council September 28, 2009 Regular Meeting Page 9 The Mayor recessed the meeting at 8:48 p.m. The City Council Meeting adjourned from the Executive Session at 11:12 p.m. Transcribed by: Carla Wirth, Timesaver Off Site Secretarial, Inc.