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HomeMy WebLinkAboutMinutes - 2008/06/23• PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOT Regular Meeting June 23, 2008 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: Marry, Stigney, Hull, Flaherty, and Mueller NOT PRESENT: None. 4. APPROVAL OF AGENDA • A. Monday, June 23, 2008, City Council Agenda MOTION/SECOND: Mueller/Flaherty. To Approve the Monday, June 23, 2008 Agenda as Amended. Ayes - 5 Nays - 0 Motion carried. 5. PUBLIC INPUT None. 6. SPECIAL ORDER OF BUSINESS A. MS4 Annual Report -Nick Fleischhacker to present Nick Fleischhacker appeared before Council and provided the MS4 Annual Report for the Council and those in attendance. Mr. Fleischhacker indicated that Lois Walberg provided a comment that she is not pleased with the general look of Silver View pond, as it is murky and has lots of vegetation. He then said that they would look into her concern. • Mayor Marty said that by the middle of summer the pond surface is solid vegetation. He then said that he would like to look at ways to reduce the vegetation. Mounds View City Council June 23, 2008 Regular Meeting Page 2 Mayor Marty suggested contacting the former golf course manager Mary Berg, as she had been researching ways of keeping the vegetation down in the ponds. Mayor Many said he read an article that Shoreview and St. Anthony are working with Rice Creek Watershed on conserving water. He the asked if Staff would be working on that too. Mr. Fleischhacker indicated that there is a watering ban to conserve water. He then said that the use of rain gardens to catch and filter runoff should have a positive effect on storm water in the area. Council Member Mueller asked how the quality of the water is measured. Mr. Fleischhacker indicated that there are ways to measure, but the City is not doing so right now. Council Member Stigney asked whether the City is in compliance with the requirements. Mr. Fleischhacker indicated that the City is in compliance. Mayor Marty asked whether Spring Lake falls under this jurisdiction. Mr. Fleischhacker indicated that the DNR controls Spring Lake and Silver View Pond. Mr. Fleischhacker asked any residents with questions to call him at 763.717.4063. 7. COUNCIL BUSINESS A. Public Hearing, Second Reading and Adoption of Ordinance 806 Adopting a Five Year Financial Plan for 2009 Through 2013 Finance Director Beer indicated that this is the second reading and adoption of Ordinance 806 adopting the fiver year financial plan for the City. Mayor Marty opened the public hearing at 7:29 p.m. Hearing no public comments, Mayor Marty closed the public hearing. Council member Mueller indicated that she noticed that there is a 3% increase in expenses spread out over the next five years, and that confuses her as to how there will be enough revenue to meet the expenses if the levy pattern is to remain consistent. Finance Director Beer indicated that the 3% is for the unknown line items, but overall it will be a less than 3% increase. Mounds View City Council June 23, 2008 Regular Meeting Page 3 • Council Member Stigney asked whether the 3% would be zeroed out with the Medtronic money as was done last year. Finance Director Beer indicated that there was a zero percent increase last year and expenditures were just under 5% total. Mayor Marty noted for the year 2008, Pathway Paving Program for $30,000, he would like to know where that is. Finance Director Beer indicated that amount is funded in the Park Dedication fund. MOTION/SECOND: Marry/Mueller. To Waive the Reading and Adopt Ordinance 806 Adopting a Five Year Financial Plan for 2009 through 2013. ROLL CALL: Stigney/Hull/Flaherty/Mueller/Marry Ayes - 5 Nays - 0 Motion carried. B. Public Hearing, Second Reading and Adoption of Ordinance 807, an Ordinance Amending Title 600 of the Mounds View City Code by Adding a New Chapter 610 Relating to Ultimate Fighting Mayor Marty opened the public hearing at 7:46 p.m. Assistant Clerk Administrator Crane reviewed the Ordinance to regulate ultimate fighting. Hearing no public comment, Mayor Marty closed the public hearing at 7:47 p.m. Council Member Mueller read the exceptions to the Ordinance. MOTION/SECOND: Stigney/Hull. To Waive the Reading and Adopt Ordinance 807, an Ordinance Amending Title 600 of the Mounds View City Code by Adding a New Chapter 610 Relating to Ultimate Fighting. ROLL CALL: Mueller/Flaherty/Hull/Stigney/Many Ayes - 5 Nays - 0 Motion carried. C. Public Hearing, Second Reading and Adoption of Ordinance 808, an Ordinance Amending Title 600 of the Mounds View City Code by Adding a New Chapter 611 Relating to Special Events. Mayor Marry opened the public hearing at 7:50 p.m. Assistant Clerk Administrator reviewed Ordinance 808 regulating special events within the City. Mounds View City Council June 23, 2008 Regular Meeting Page 4 Hearing no public comments, Mayor Marty closed the public hearing at 7:52 p.m. Mayor Marty thanked Staff for the efforts on this Ordinance. Mayor Marty asked that Page 7, be edited to include a timeline for deposit return. He then suggested requiring clean up within 24 hours. MOTION/SECOND: Mueller/Many. To Waive the Reading and Adopt Ordinance 808, an Ordinance Amending Title 600 of the Mounds View City Code by Adding a New Chapter 611 Relating to Special Events. Clerk Administrator Ericson recommended having the City Attorney's language on the number of persons in attendance that would require a permit before adopting the Ordinance. The motion was withdrawn. Council and the City Attorney discussed whether it was appropriate to withdraw the motion. The City Attorney indicated it would be appropriate to withdraw the motion in this case, and said it makes the most sense, because if the Ordinance is voted down, then the process of first and second reading would have to be started over. Council agreed to a postponing motion. MOTION/SECOND: Flaherty/Mueller. To Postpone to July 14, 2008 and discuss this at the upcoming Work Session. Ayes - 5 Nays - 0 Motion carried. D. Public Hearing, Resolution 7293, a Resolution to Consider an Outdoor Liquor Endorsement for Moe's located at 2400 County Highway 10 Mayor Marty opened the public hearing at 8:10 p.m. Assistant Clerk Administrator Crane reviewed the outdoor liquor endorsement request for Moe's. Hearing no public comment, Mayor Marty closed the public hearing at 8:12 p.m. MOTION/SECOND: Flaherty/Hull. To Waive the Reading and Approve Resolution 7293, a Resolution to Consider an Outdoor Liquor Endorsement for Moe's Located at 2400 County Highway 10. • Council Member Mueller asked whether the requirements in the letter from the fire marshal have been completed. Mounds View City Council June 23, 2008 Regular Meeting Page 5 Council Member Flaherty indicated that those requirements were for the liquor license approval. Ayes - 5 Nays - 0 Motion carried. E. Public Hearing, Resolution 7294, a Resolution to Consider an Outdoor Liquor Endorsement for Totino's Italian Kitchen located at 2535 County Highway 10. Mayor Marty opened the public hearing at 8:15 p.m. Assistant Clerk Administrator Crane reviewed the outdoor liquor endorsement request for Totino's Italian Kitchen. Hearing no public comments, Mayor Marty closed the public hearing at 8:17 p.m. MOTION/SECOND: Mueller/Hull. To Waive the Reading and Approve Resolution 7294, a Resolution to Consider an Outdoor Liquor Endorsement for Totino's Italian Kitchen Located at 2535 County Highway 10. Ayes - 5 Nays - 0 Motion carried. F. Resolution 7295, Approving a Residential Kennel License for Chad Walbon, 8070 Woodlawn Drive. Assistant Clerk Administrator Crane indicated that Mr. Walbon owns three dogs and the owner of the dog kennel needs to submit a license request to the City with signatures of more than 50% of the surrounding residents, Ordinance 774 changed the requirement for the conditional use permit and public hearing. Mr. Walbon's petition was verified. Staff has received a complaint about Mr. Walbon's dogs and that resident is in attendance. Staff feels that the requirements are met and recommends approval of this residential kennel license. Mike Chance of 8080 Woodlawn Drive said that he is here to mention some things to the Council about the dog situation, as there has been some contention. He then said that in their view the neighbors have been uncooperative at every turn regarding the pet situation, as they wanted to make sure that the pets were vaccinated, and there was not cleanup in a reasonably frequent manner. Mr. Chance said that the neighbor has cursed at them, and has been uncooperative, and he carved an obscenity in the front lawn which led to a police call. Mr. Chance said that he feels it would be fair to ask why this sort of behavior is okay because a city ordinance requires a permit. • Mounds View City Council June 23, 2008 Regular Meeting Page 6 . Mr. Walbon of 8070 Woodlawn Drive said that he has had the dogs for three years, and they moved to their present location in January to help with the family home. They came from Blaine and they did not have to have any special licensing. Mr. Walbon said that he has asked the neighbor to call him to discuss the matter, and not report him to the police or the City, and that frustrated him. He then said that he has complied with all requirements. Mayor Marty indicated that it does not appear that Mr. Walbon is being very neighborly, and he would like to see the neighbor relations improved. Council Member Flaherty asked how often the kennel is cleaned up. Mr. Walbon said that he does it as often as he can, but not in the rain or snow. He then said he does not have a scheduled time frame for doing so. He further said that they run in the yard and there is not a kennel to be cleaned, but it has been a couple of weeks since he picked up the waste. Mayor Marty indicated that it takes some effort and responsibility by the owner to keep the waste cleaned up. He then suggested postponing this for a month to see if the neighbors can work this out. Council and the residents discussed the issues and agreed that things are moving in the right direction now that the kennel has been removed. Council Member Stigney asked if there was an inspection on the property to check on the dog waste. Assistant Clerk Administrator indicated that the Planning Associate was out there, and the PSO was out to look into it as well. MOTION/SECOND: Flaherty/Hull. To Waive the Reading and Approve Resolution 7295, a Resolution Approving a Residential Kennel License for Chad Walbon Located at 8070 Woodlawn Drive. Council Member Stigney requested an additional requirement of cleaning the property. MOTION/SECOND: Stigney/Marty. To Require a Condition That the License is Contingent Upon Proper Cleaning of Dog Waste. Ayes - 4 Nays - 1(Flaherty) Amendment carried. Ayes - 5 Nays - 0 Motion as Amended carried. Mounds View City Council June 23, 2008 Regular Meeting Page 7 G. Resolution 7297, a Resolution to Award a Construction Contract for the 2008 Street Maintenance Project. Joe Rhein, consultant engineer from Bonestroo, provided an overview of the 2008 street maintenance project for Council and those in attendance. The low bidder was Allied Blacktop. Joe explained that Mounds View's portion was only 17% higher than the estimate, and Spring Lake Park's was 30% higher, for an average of 22%, and that can be attributed to the increased oil prices. MOTION/SECOND: Many/Hull. To Waive the Reading and Approve Resolution 7297, a Resolution to Award a Construction Contract for the 2008 Street Maintenance Project Contingent Upon Agreement with Spring Lake Park. Ayes - 5 Nays - 0 Motion carried. H. Resolution 7298, a Resolution to Approve the Plans and Specifications and Award a Construction Project for the Pinewood Storm Sewer Repair Utility Improvement Project. Joe Rhein reviewed the bids with Council and recommended approval. MOTION/SECOND: Mueller/Hull. To Waive the Reading and Approve Resolution 7298, a Resolution to Approve the Plans and Specifications and Award a Construction Project for the Pinewood Storm Sewer Repair Utility Improvement Project. Ayes - 5 Nays - 0 Motion carried. I. Resolution 7299, a Resolution to Consider a Proposal for Preparation of Local Surface Water Management Plan Joe Rhein explained that the City is updating its Comprehensive Plan, and one requirement is that an approved Local Surface Water Management Plan be adopted. Joe Rhein provided a proposal for preparation of the Local Surface Water Management Plan. MOTION/SECOND: Hull/Mueller. To Waive the Reading and Approve Resolution 7299, a Resolution to Consider a Proposal for Preparation of Local Surface Water Management Plan. Ayes - 5 Nays - 0 Motion carried. J. First Reading on Ordinance 810, an Ordinance Amending Chapter 8 (Public Improvements and Special Assessments) and Chapter 12 (Miscellaneous and Transitory Provisions) of the Mounds View City Charter. Mounds View City Council June 23, 2008 Regular Meeting Page 8 • Clerk Administrator Ericson indicated that he would like to review language with the Chair of the Charter Commission. He then reviewed the proposed amendment to allow the City to assess to property taxes any administrative offenses that are not paid. Mayor Marty asked if the five words should be deleted to have this move along. Attorney Riggs indicated that this hearing is not to challenge the underlying basis of the administrative offense, but more as to whether there is some choice of payment. He then said that he has received explanation on this, and he is more comfortable than he was before. Jonathon Thomas, Chair of the Charter Commission, said that the whole discussion, and why this was attempted to clarify, is to allow whether fines were correct, or if the amount should be amended, not to contest whether there was an offense. MOTION/SECOND: Marty/Mueller. To Waive the Reading and Introduce Ordinance 810, an Ordinance Amending Chapter 8 (Public Improvements and Special Assessments) and Chapter 12 (Miscellaneous and Transitory Provisions) of the Mounds View City Charter as Amended Regarding the Method of Payment as Discussed by Mr. Thomas, Chair of the Charter Commission. Ayes - 5 Nays - 0 Motion carried. 8. CONSENT AGENDA A. Licenses for Approval B. Schedule a Public Hearing for Monday, July 14, 2008, at 7:05 p.m., for a Second Reading on Ordinance 810, Amending Chapter 8 and Chapter 12 of the Mounds View City Charter. C. Resolution 7296, Approving Mounds View Business Licenses. D. Resolution 7300, Authorizing staff to Enter Into An Agreement With the City of Columbia Heights for the Use of Water Meter Reading Equipment. MOTION/SECOND: Mueller/Stigney. To Approve Consent Agenda items A, B, C, and D as Presented. Ayes - 5 Nays - 0 Motion carried. 9. JUST AND CORRECT CLAIMS Mayor Marry asked for information on a claim paid to League of Minnesota Cities. Finance Director Beer indicated he would look it up, but said it is the City's portion of a claim paid. MOTION/SECOND: Mueller/Flaherty. To Approve Just and Correct Claims as Presented. Ayes - 5 Nays - 0 Motion carried. Mounds View City Council June 23, 2008 Regular Meeting Page 9 • 10. APPROVAL OF MINUTES None. 11. REPORTS A. Reports of Mayor and Council Council Member Hull suggested adding franchise fees to a work session for discussion. Mayor Marty read a letter of commendation to Officer Ben Zender, commending him for his work to apprehend a suspect for violating a no contact order. Council Member Flaherty asked what Joint Powers Agreement is being reviewed for the police department. Attorney Riggs indicated that the City of St. Paul is receiving funding for additional security during the Republican National Convention, and they have asked a number of cities to consider participating. Mayor Marty asked for information on Longview Estates. Clerk Administrator Ericson indicated that he has not spoken to Mr. Harstad at this point, but Staff was expecting a final plat to be submitted to the City at the end of April. Council Member Mueller indicated she submitted a written summary of comments on the League of Minnesota Cities seminar. She then said that she has a lot of questions that she has been looking into. The League has updated its website and it is very user friendly now. Council Member Mueller said that there is a monthly magazine, "The Line Chaser," that goes out to Minnesota Street Rod Association members, and the Mounds View Festival in the Park flier will be in the magazine to promote the car show to the "Back to the Fifties". Fliers were also distributed at the car show. Council Member Mueller said that there were about 110 people present to have sundaes in the park on June 15t" Mayor Marty said that it seemed in the past that Council was involved in the interview process for department head employees. Council indicated that Members participated in final selection but not initial interviews. B. Reports of Staff Clerk Administrator Ericson introduced Ken Roberts to the Council. Mr. Roberts is the new Community Development Director. Mounds View City Council June 23, 2008 Regular Meeting Page 10 Clerk Administrator Ericson indicated that the League conference provided a lot of valuable information for Staff and Council Members. Clerk Administrator Ericson indicated he would be out of the office Tuesday through Friday, and the Assistant Clerk Administrator will be covering in his absence. Joe Baffin from the Streets Committee provided an update on the status of the Street and Utility Committee meetings. C. Reports of City Attorney • None. 12. Next Council Work Session: Next Council Meeting: Monday, July 7, 2008, at 7:00 p.m. Monday, July 14, 2008, at 7 p.m. 13. ADJOURNMENT The meeting was adjourned at 9:44 p.m. Transcribed by: Joan Lenzmeier Timesaver Off Site Secretarial, Inc. •