Loading...
HomeMy WebLinkAboutMinutes - 2010/01/25 (2)• PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting January 25, 2010 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 7:00 P.M. • • 1. 2. 3. 4. MEETING IS CALLED TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL: Flaherty, Stigney, Hull, Mueller, Gunn. NOT PRESENT: None. APPROVAL OF AGENDA A. Monday, January 25, 2010, City Council Agenda. MOTION/SECOND: Mueller/Hull. To approve the Monday, January 25, 2010, agenda as presented. Ayes — 5 5. PUBLIC INPUT Nays — 0 Motion carried. Mike Reed, 2208 Lois Drive, suggested the Council recognize two residents, Anna and Ella, who were involved with the street project and worked with staff on the funding of the project. Mayor Flaherty agreed recognition is deserved and asked staff to invite them to a Council meeting. 6. SPECIAL ORDER OF BUSINESS A. Kara Wattunen, Miss Ramsey County Internationa12010. Mayor Flaherty welcomed Kara Wattunen, Miss Ramsey County Internationa12010. Ms. Wattunen thanked the Council for inviting her to the meeting and described the competition process. Mayor Flaherty noted that all of the young women in this competition deserve recognition for their community involvement, wished Ms. Wattunen good luck, and invited her to return after the State competition. 7. COUNCIL BUSINESS Mounds View City Council January 25, 2010 Regular Meeting Page 2 A. 7:05 p.m. Public Hearing to Consider Resolution 7566, a Conditional Use Permit � Amendment for Saturn of St. Paul, 2375 Highway 10. Planning Associate Heller presented the request of Jim Price, representing Saturn of St. Paul, for an amendment to an existing conditional use permit. They are asking the City to remove an existing City condition that states: "The dealership in operation on this property shall maintain a new car sales license at all times" (Resolution 5042). She stated this business has been in Mounds View since 1992 and been a good business partner to Mounds View. Due to the recent buyout of by General Motors, they need to make some changes in their business. This location does not qualify for another new car dealership due to its location but they will sell Saturns until October. After that point, they want to become a Motor Trend location. Planning Associate Heller reviewed staff's consideration and advised the Council that the Planning Commission unanimously voted to recommend approval of this CUP amendment on January 6, 2010. The Planning Commission stated that Saturn has been a good business in the community, they provide a good service, and keep their property well maintained. Jim Price, applicant, explained that Saturn quit producing new cars some time ago but the property owners want to stay in business in Mounds View as a used cars sales facility and as a Saturn service facility for both Saturns and for other types of cars. Motor Trend is a new franchise dealing with higher end guaranteed used cars with stringent rules on the types of cars, so it fits well with their business model. If approved, it would be the second franchise in Minnesota and their ownership, management, and support staff will remain the same. • Mayor Flaherty opened the public hearing at 7:20 p.m. Ron Micokoli, property owner close to the Saturn site, stated he is pro-business and not concerned with the car dealership or mechanical work but is bothered by the loud noise from the car wash fans at this location. Hearing no additional public input, Mayor Flaherty closed the public hearing at 7:22 p.m. Council Member Mueller asked about the number of full- and part-time employees at this dealership. Mr. Price stated they have 45 employees, mostly full-time, and that number will remain the same and possibly increase with Motor Trend. With regard to the car wash blowers, Mr. Price stated this is the first he heard of a noise complaint. He explained it is an exit-type blower system so it operates when the door opens but they will look at modifying the equipment when it needs to be replaced. Mayor Flaherty asked staff to contact another car wash and find out what type of dryer is used at that location. Council Member Stigney asked if they anticipate general repair, sale of tires, replacement of brakes, or oil changes to be available to the public or only for the cars they sell. Mr. Price stated they have always taken care of all customers, and makes and models of cars, whether or not they sold the vehicle, and they look to expand that service. He stated the number of cars on the site is • based on the turn of inventory and the current CUP indicates they can have as many used cars as Mounds View City Council January 25, ZO10 Regular Meeting Page 3 . they want. He explained their inventory will still be at other locations and brought to Mounds View so they do not need to expand to another Mounds View location for storage of vehicles. Council Member Stigney noted this was originally a new car franchise with Saturn and then it was expanded and Mr. Price has indicated they can do pretty much what they want to do at this location. Council Member Stigney stated the Council does not have a copy of the original CUP to see the restrictions. Planning Associate Heller stated a CUP is required for used car dealerships and the Council can dictate if it has to be only new cars. Council Member Stigney asked how Saturn could be allowed used cars but not other applicants. Clerk-Administrator Ericson explained the application from several years ago was denied based on the variance application that did not meet the minimum threshold for a two-acre site. He explained if the site is two acres and the conditions are met, the City cannot deny the request. Council Member Stigney indicated concern this request will "open the door" for future requests. Mr. Price stated that with today's costs for running a used car business it would be prohibitive on a two-acre site. He stated if the Council places standard qualiiications for building design, green space, and screening, an applicant for a"Lake Street car lot" could not afford it. Council Member Stigney asked how old the used cars would be. Mr. Price stated the trades would be inspected and if they meet qualifications they will attempt to sell them but if the trade � cannot be guaranteed, the car would be wholesaled. Mr. Price stated their business model is to turn over cars so they are kept for no more that 30 days. He invited the Council to view any of their 78 dealerships across the country. Council Member Gunn stated that a used car lot could still be considered if all conditions are met. Clerk-Administrator Ericson stated this is correct if the zoning and other criteria are met. He noted that the Code has been changed so the City no longer has used car lots. Council Member Gunn asked if the City could include specific stipulations in the CUP about auto sales. Clerk-Administrator Ericson stated the conditions have to be reasonable and relate to the use. He cautioned the Council about being too specific, which would require the applicant to come back each time the business climate or their business model changes. Council Member Gunn stated that as a proud Saturn owner, she would like this business to remain in Mounds View, noting they have been a wonderful business partner in the community. MOTION/SECOND: Gunn/Hull. To Waive the Reading and Adopt Resolution 7566, Approving an Amendment to the Conditional Use Permit to remove the requirement of maintaining a new car license for Saturn of St. Paul, 2375 Highway 10; Planning Case CM2009- 001. Council Member Mueller asked how it is determined whether a new dealership can to come to Mounds View at this location given the location of neighboring dealerships. Mr. Price explained • the manufacturer and State have franchise laws related to distance between dealerships. He stated they were unable to get a new car franchise at this location because of those laws but if a Mounds View City Council January 25, 2010 Regular Meeting Page 4 new dealership becomes available, they will get it. He assured the Council that they will have a • new car license in this market and if it had not been for Motor Trend, they would have "shut the lights off." Mayor Flaherty agreed the City does not want a lot of used car lots and because of the current CUP requirements, it would be fiscally prohibitive. He stated he knows Motor Trend deals with higher end used vehicles and likes that the cars would remain on the lot only 30 days. Council Member Stigney noted this property has a Meineke franchise operation as well as used cars and if there is a new car franchise, there is nothing to prohibit adding that to this site. Mr. Price stated they believe that because of the national recognition of Motor Trend, it would be a good offering for used cars and complement a new car operation. He advised that at their Shakopee location they have Motor Trend with a Ford and Lincoln Mercury dealership. Council Member Stigney stated the Council has not seen the CUP or conditions that could be added related to having only cars that are certi�ed and remain on the lot for only 30 days. He remained concerned about the impact to future applications. Mayor Flaherty asked for staff's opinion of the CUP. Clerk-Administrator Ericson stated he acknowledges Council Member Stigney's concerns but does not think that adopting this amendment to the CUP would result in problems with this facility and aside from having newer looking Saturns; most people will not recognize the difference. • Council Member 5tigney suggested those conditions be added to the CUP. Mr. Price stated when they first came to Mounds View, City staff stopped them from changing oil on any cars they did not sell but they need the freedom to operate as a free enterprise. He stated they are a good neighbor, operate a good facility, and if the City places many restrictions they will not move forward. Council Member Stigney stated that Mr. Price has indicated verbally these conditions will be the case but if the CUP specifies those items, they would not go forward. Mr. Price stated he could not go forward if the City places too many restrictions on the business. Council Member Mueller commented that due to the difficult economy, a number of businesses have approached the Council for help to keep their business open and jobs in the community. She stated she sees the big picture of a business owner coming before the Council to adapt his business to keep it strong and viable. Council Member Mueller felt Mounds View was fortunate that this business is not moving to another location with fewer restrictions or more traffic than Mounds View can offer. She indicated support to amend the CUP to achieve what the business owner needs to remain in Mounds View. Mr. Price noted they do not have minimum wage jobs. Their employees are well paid and can afford to spend money, make purchases, and buy houses in Mounds View. He stated they have great employees and are making this request to keep them employed. Council Member Stigney noted that Item 6 indicates approval of the CUP amendment will not • change the type of operation on this site, which is not the case since it will change from new to � LJ • Mounds View City Council January 25, 2010 Regular Meeting Page 5 used car sales. Community Development Director Roberts pointed out that this business has been selling and servicing used cars all along. The only difference is that they would not be bound by a City requirement to sell new cars. Mayor Flaherty stated Council Member Stigney has raised good points about future considerations and staff has clarified those concerns. He asked Mr. Price to keep in mind that residents across the street are bothered by the car wash blowers. Mr. Price stated they would look into that matter. Planning Associate Heller advised that one of the CUP conditions states that any cars taken on trade, not intended for resale, shall not remain on the site exceeding 72 hours. Ayes — 4 Nays — 1(Stigney) Motion carried. B. Public Hearing to Consider Revocation of an On-Sale Intoxicating Liquor License at Moe's, located at 2400 County Highway 10. Clerk-Administrator Ericson stated that this item was last reviewed on October 26, 20Q9, when the Council approved a plan requiring payment of all delinquent property taxes by May 1, 2010. To assure progress was being made, Mr. Moritko was to pay at least $20,000 toward the delinquent tax balance by January 11, 2010. Staff contacted Ramsey County who indicated that Mr. Moritko had not satisfied this requirement. On January 13, 2010, staff sent a letter to Mr. Moritko informing him of this noncompliance and advising him of the hearing before the Council scheduled for tonight. Clerk-Administrator Ericson reviewed the payments made by Mr. Moritko, that the State sales tax is now up-to-date, and Mr. Moritko is asking for an extension to continue operating the business and provide for payment by the expiration of the license period, June of 2010. Clerk- Administrator Ericson referenced his staff report regarding the consideration for liquor license revocation. He suggested that resolving to revoke the liquor license would be an action that is unreasonable in the sense it is not related to the activity for which the license is granted. Staff is working with the City Attorney to review the Code and that will be discussed at a March Work Session. He noted there is no other business in Mounds View that is subject to the requirement of tax payments to continue operation, and staff is aware of other businesses that are delinquent. Jeff Moritko, owner of Moe's, presented the details of his letter that capsulated what has happened to their business and tax payments made. He explained he obtained funding in October of 2009 to pay sales tax, which carried a high interest rate so that loan is being repaid at a faster rate. With regard to the $20,000 threshold, they paid $13,2Q0 toward that number and, on January 19, paid $8,600 to sales tax that was due instead of paying toward the $20,000 number. He stated he submitted a copy of the letter from Advanced Restaurant Group indicating he has been approved for a$200,000 loan, when this one is done in May, to cover property t� and provide working capital. He stated he put some "teeth" into his note that he will either get taxes paid or will not reapply for a liquor license. Mr. Moritko provided an explanation of his small, 5°Io, operating margin, the impact of a second minimum wage increase, and loss of credit card Mounds View City Council January 25, 2010 Regular Meeting Page 6 sales. He stated he has spoken with Clerk-Administrator Ericson on a regular basis. He stated • they still need to work on signage and parking so people know they are not too busy and can accommodate more customers. He stated they have eliminated some staff and managers, are doing more with less, and heading in the right direction. With regard to Council Member Stigney's suggestion, Mr. Moritko stated he has been working with US Bank to modify his loan but it is a 12-week process and will take more time. He stated if it were approved, it would free up funds to pay property ta�ces. He explained the other thing that would help is a"tip credit" in Minnesota, noting 39 other states have such a credit. Council Member Mueller reviewed the number of Moe's employees and impact in 2009 from a second minimum wage increase. Mr. Moritko stated Moe's rises above the threshold and had to adopt the Federal minimum wage that was raised to $7.25, an additional 50 cents per hour, and that resulted in an impact of $45,000 in additional wages. In addition, there was a$178,000 decrease in sales from 2008 to 2009, equaling lost revenues of $200,000. Council Member Mueller noted Moe's is current with State sales tax and applauded his decision to make that payment. She stated support for the Council to work with Moe's to get through this difficult period and not "tie their hands" by restricting the liquor license. Council Member Stigney stated he supports Mr. Moritko trying to buy time to recover from the economic crunch. He asked about payment for the first half of 2010 t�es that are due in May. Mr. Moritko stated he wanted to discuss first the delinquency since it was connected to his liquor • license application. Mr. Moritko stated the loan they were approved for could be used to cover the first half of 2010 taxes. Council Member Stigney asked about the City's ability to suspend or revoke a liquor license for nonpayment of State or local property t�es. He noted if that option is removed, a liquor business could continue to operate without paying t�es and asked if staff had contacted the League of Minnesota Cities for an opinion. Assistant Clerk-Administrator Crane stated she received information from five local cities and all require the business to be up-to-date with payments for city bills such as water, but none addresses payment of property taxes. She stated she is still gathering information. Council Member Stigney stated he hopes Mr. Moritko is successful. Mr. Moritko thanked the Council and noted if a grocery store is behind in taxes the City would probably not stop their ability to buying groceries. Council Member Mueller stated Mr. Moritko has done well to keep City staff updated and urged him to continue that practice. Mayor Flaherty stated this he is exasperated about the entire issue, noting Mr. Moritko has presented plans three times that have not worked out and is now presenting another plan. He stated this Council has gone far beyond what the Code requires and he hopes Mr. Moritko's new • plan works because he believes this is the last opportunity he will consider it. Mounds View City Council January 25, 2010 Regular Meeting Page 7 i Mr. Moritko stated he takes full responsibility for the extension in June of 2009 but clarified that in October he had asked for an extension to May but the Council changed the plan and required him to appear in 60 days and then required a$20,000 payment checkpoint. He stated he did not make these changes, the Council did, but he is now working more closely with Clerk- Administrator Ericson. Council Member Mueller asked if Moe's has a lower level banquet hall for rent. Mr. Moritko stated their facility has a capacity of about 125 and openings to host weddings with full dinner service. MOTION/SECOND: Flaherty/Gunn. To allow for an extension for property t� payment to June 30, 2010, for JWM Investments, Inc., DB/A Moe's, located at 2400 Highway 10 NE. Ayes — 5 Nays — 0 Motion carried. C. Resolution 7565, Adopting a Special Assessment Levy for Unpaid Administrative Offense Fines. Finance Director Beer presented staff's recommendation to levy unpaid administrative offense fines and noted the property owner was able to pay the amount due by 4:30 p.m. today, January � 25, 2010, in order to avoid the $35 administrative fee. The owner may prepay the assessment between January 26 and February 25, 2010 without paying additional interest. After that date, interest at a rate of 5.50% will accrue from January 25, 2010 tl�rough the payment date. Council Member Mueller asked how the property owner is notified of this pending action. Finance Director Beer stated they are sent a letter 30 days before the action. MOTION/SECOND: Mueller/Hull. To Waive the Reading and Adopt Resolution 7565, Adopting a Special Assessment Levy for Unpaid Administrative Offense Fines. Ayes — 5 Nays — 0 Motion carried. D. Resolution 7564, Authorizing a Water Tower and Ground Space Lease with Clear Wireless, LLC. Finance Director Beer presented the request of Clear Wireless, LLC (Clear Wire) to lease water tower space and ground space. He advised they are 51 % owned by Sprint so at some point Sprint may cancel their antenna lease agreement with the City. He explained Clear Wire initially offered $800 per month ($9,600 per year) for a series of iive-year leases with a 3% inflator. He advised that staff had indicated the proposed lease amount would not be sufficient and ended up negotiating $2,000 up front for legal and staff costs, a 4% inflator consistent with other leases, $21,000 per year (market rate consistent with other tower Ieases), and an additional $1,800 per • year per antenna for additional antennas above the initial configuration. Clear Wire agreed to this proposal on January 15, 2010. Finance Director Beer referenced the redline copy of the lease Mounds View City Council January 25, 2010 Regular Meeting Page 8 agreement and City Attorney's comments. Council Member Gunn asked what would be installed in the fenced area and amount of advanced notice for entry. Finance Director Beer stated it would be an equipment cabinet to provide high- speed wireless internet technology to the City's residents. Finance Director Beer answered questions of Council Member Mueller regarding adequate notice during business hours to gain access to the water tower, the City being fully covered for indemnity should there be an injury or equipment failure resulting in damages, and that Clear Wire cannot terminate the agreement until the end of the lease. He explained that if Clear Wire filed bankruptcy, there would be a Judge's order to be current in payments to the City. Council Member Mueller noted the contract requires that the signal will not interfere in any way with public safety communications or the Police Department and should there be interference, they can be shut down in a matter of hours. Finance Director Beer stated that is correct. Council Member Stigney thanked Finance Director Beer for his wark to negotiate this contract. He referenced the Robert Voss communication noting this is an unusual installation and should be reviewed by the appropriate official before signing the agreement. Finance Director Beer clarified it is not an unusual installation. Mayor Flaherty asked where the $21,000 lease payment would be deposited. Finance Director Beer stated it would go into the water fund, as with other antenna leases. Mayor Flaherty noted Clear Wire is to provide a schematic before the City approves the lease. Finance Director Beer stated that language has been modified so Clear Wire will sign and submit an executed lease agreement along with their plan for the City's signature. City Attorney Sonsolla stated the documentation is sufficient and recommended City staff review the equipment plans and specifications prior to execution by the City. Finance Director Beer answered questions of Council Member Mueller regarding the service light and rod detail for lightening strikes. He stated Clear Wire is aware the City will be refurbishing the water tower and will be required to remove their antennas while the tower is being painted. MOTION/SECOND: Gunn/Hull. To Waive the Reading and Adopt Resolution 7564, Authorizing a Water Tower and Ground Space Lease with Clear Wireless, LLC, subject to review of the plans and speciiications by City staff and/or consultants. Ayes — 5 Nays — 0 Motion carried. E. Resolution 7567, Approving the Hire of Greggory Neumann as Mounds View Police Officer. • � Deputy Police Chief Kinney presented staff's recommendation to hire Greggory Neumann as a • Mounds View City Council January 25, 2010 Regular Meeting Page 9 � City Police Officer, noting he is the top candidate, has successfully completed all of the required testing procedures, and received a high recommendation from his previous employer. Mayor Flaherty stated Officer Neumann would start at Step 1. Deputy Police Chief Kinney stated that is correct and that is in accordance with the LELS contract. Mayor Flaherty asked if this officer could use any of the equipment purchased for the previous officer. Deputy Police Chief Kinney stated some of the equipment could be used, but not all of it. MOTION/SECOND: Flaherty/Mueller. To Waive the Reading and Adopt Resolution 7567, Appointing Greggory Neumann to the Position of Police Officer. Council Member Stigney noted the dollar amount for Step 1 is not identified in the Resolution. Clerk-Administrator Ericson stated staff would add that dollar amount. AMENDMENT: Mayor Flaherty and Council Member Mueller accepted this friendly amendment. Council Member Stigney stated he does not support this action because it is not the proper time to hire a new officer due of funding restraints. Ayes — 4 Nay — 1(Stigney) Motion carried. • F. Resolution 7568, Authorization to Advertise and Recommend a Candidate for Hire for the Public 5ervice Officer (PSO) opening in the Mounds View Police Department. Deputy Police Chief Kinney advised that Public Service Officer (PSO) Tyler Martin had resigned his position and while the Council had expressed support to rehire for this position, he was concerned with the suitability of a one-year-old eligibility list and asked the Police Civil Service Commission to establish a new eligibility list. He advised that the Police Civil Service Commission has ordered that the existing list be dissolved and approved the creation of a new eligibility list. Deputy Police Chief Kinney reviewed the duties of the PSO and presented staff's recommendation to authorize the advertisement for the vacant PSO position. Council Member Stigney noted this is a 30 hour per week position and asked how many hours each week are spent on Code enforcement. Deputy Police Chief Kinney explained the hours are scheduled one-third Code Enforcement and two-thirds Police Department duties. MOTION/SECOND: Mueller/Hull. To Waive the Reading and Adopt Resolution 7568, Authorization to Advertise for the Public Service Officer (PSO) Position opening in the Police Department, with a starting wage at Step 1 of $12.73 per hour. Council Member Mueller noted the number of Code enforcement cases has doubled since the • 2009 purchase of code enforcement software so scheduling one-third of the hours for Code Enforcement will be of help. Clerk-Administrator Ericson stated the two departments work Mounds View City Council January 25, 2010 Regular Meeting Page 10 cooperatively and if the time is split differently, those budgets will have to be adjusted as well. • Council Member Stigney stated that previously this was a one-half time position that did not pay benefits and he would prefer hiring two half-time positions rather than one three-fourths time position that pay benefits. Council Member Hull asked if this position would receive benefits. Clerk-Administrator Ericson stated the position would receive pro-rated benefits and he agreed it might be difficult to attract a qualified employee if the position is half-time without benefits. Clerk-Administrator Ericson noted the resolution just authorizes the position to be advertised and explained there are efficiencies with having just one employee and flexibiliry is afforded between the two departments since this employee can address situations that may arise for both departments. Council Member Gunn stated she would go along with one employee at three-quarter time. Finance Director Beer advised that additional time is budgeted in the summer time for Code Enforcement. Council Member Mueller stated she was at iirst intrigued by having two one-half time positions but after considering available equipment, computer system, and transportation, she thinks one • person is adequate. Council Member Hull stated he was at first interested because health care costs continues to increase but thinks the long-term consistency gained with one employee may outweigh other benefits. Finance Director Beer stated that the Salary Compensation Study identified this position was grossly underpaid so including modest benefits will allow the City to recruit and retain quality candidates. Mayor Flaherty stated support for one employee, which may also reduce the turnover rate. Council Member Mueller stated if some of the PSO duties cannot be fulfilled by this position, then it falls to a sworn officer who is paid a higher rate than Step l. However, duties in Code Enforcement could fall to an interim that is paid at a lower rate. She noted it worked out well last summer to have the intern help with Code Enforcement. Council Member Stigney stated the big picture is to look at expenditures and that provides a different perspective. He reviewed some of the job duties to be performed, noting this is a part- time position and while a half-time person is needed in the Police Department, the same is needed for Code Enforcement. He again suggested looking at two half-time positions to avoid payment of benefits. • Mounds View City Council January 25, 2010 Regular Meeting Page 11 . Council Member Mueller stated this raises a good point to prioritize this person's time and two- thirds of the time will be utilized in the Police Department because if this person is not utilized then a sworn officer will have to iill that need at a higher salary. She stated the department heads can deternune the correct priority to place on this employee's time. • . Mayor Flaherty stated he hopes this employee works where there is the greatest need and good for the community. He stated a budget transfer could be considered if the hours are split differently than being proposed. Ayes — 4 Nay — 1(Stigney) Motion carried. G. Schedule Executive Sessions of the City Council to (1) Review Labor Negotiations and (2) Review the Performance of the Clerk-Administrator Mayor Flaherty announced that at the conclusion of the agenda, the Council would recess into Closed Executive Session to review labor negotiations and the performance of the Clerk- Administrator. It was noted the Council would adjourn its meeting from the Executive Session. 8. CONSENT AGENDA Council Member Mueller asked to remove Item C, Resolution 7570, Approving a Waiver to Vacation Carry-Over Policy. A. Licenses for Approval. B. Resolution 7569, Authorizing Vacation Severance for PSO Tyler Martin. . , MOTION/SECOND: Mueller/Hull. To Approve the Consent Agenda Items A and B. Ayes — 5 Nays — 0 Motion carried. C. Resolution 7570, Approving a Waiver to Vacation Carry-Over Policy. Council Member Mueller reviewed the request for the Council to consider a one-time waiver to carry over unused vacation time. She asked if this is a common practice, if it had been allowed in the past, and if it would be better to pay out the vacation instead of allowing a transfer. Clerk-Administrator Ericson stated he brought forward this request, not Deputy Chief Kinney, because it should have been addressed when the resolution was considered to appoint Tom Kinney as the Deputy Chief. He stated this is not a common practice; however, it has been allowed the past when an employee takes on additional responsibilities and is unable to use vacation time. Clerk-Administrator Ericson stated whether this becomes an occurrence in 2010 would depend on how quickly the Police Chief position is filled. He recommended against paying out vacation balances because it would set a precedent for other employees who may want to be paid instead of taking vacation time. Mounds View City Council January 25, 2010 Regular Meeting Page 12 Mayor Flaherty noted this is less than three days of vacation and he appreciates that Deputy Chief Kinney served the City when needed instead of taking the vacation time before the end of the year. He did not support paying out the vacation balance. MOTION/SECOND: Mueller/Gunn. To Waive the Reading and Adopt Resolution 7570, Approving a one-time waiver of the City's Vacation Carry-Over Policy to pernut Interim Police Chief Tom Kinney to carry an additiona121.88 hours of vacation hours over at year-end, 2009. Ayes — 5 9. JUST AND CORRECT CLAIMS Nays — 0 Motion carried. Finance Director Beer answered the Council's questions related to claims. MOTION/SECOND: Mueller/Stigney. To Approve the Just and Correct Claims as presented. 10. None. fi� Ayes — 5 APPROVAL OF MINUTES Nays — 0 Motion carried. REPORTS A. Reports of Mayor and Council. Council Member Gunn announced that an Irondale graduate will compete on the Jeopardy Challenge Championship and another Irondale graduate will compete on Iron Chef. Council Member Mueller advised that she would be attending the Ramsey County League of Local Governments on Thursday, January 28, 2010. B. Reports of Staff. 1. 2009 Community Development Annual Report Community Development Director Roberts noted the 2009 Community Development Annual Report had been provided for the Council's review. He thanked his staff who worked hard to complete this report and his department as a whole. Mayor Flaherty thanked Community Development Director Roberts for his leadership and asked that this information be posted on the City's website. 2. Administrator Report. • � Clerk-Administrator Ericson summarized his written report and updated the Council on the • North Suburban Cable Commission TAC meeting; Fire Department quarterly meeting; Ramsey Mounds View City Council January 25, 2010 Regular Meeting Page 13 SCounty Managers meeting; attendance at the General Mills Leadership Conference on January 29, 2010; Metropolitan Council State of the Region Address scheduled for February 1, 2010; proposed Work Session agenda items for February 1, 2010; Ehlers & Associates Public Finance Conference scheduled for February 4, 2010; Council and Staff retreat scheduled for February 12, 2010, at 5:30 p.m., at the Random Park building; and, YMCA year-end financial reports indicating the City will be receiving a reimbursement of $14,939. • • Assistant Clerk-Administrator Crane reported on the 2010 Wild Skills Competition she attended and that Gina McDonald, Captain of the Irondale Hockey Team, did very well. Assistant Clerk-Administrator Crane reported that the Festival in the Park Committee would like authorization to sell beer and wine at the Festival. She asked if the Council would be open to that request. Following discussion, Council consensus was reached to authorize staff to proceed and provide additional details (insurance impact, security, location of sales) for the Council's consideration. Council Member Stigney commented on the allocation of funds between the NSCC and NSAC and commended Finance Director Beer for raising this issue. The Council agreed with the suggestion of Clerk-Administrator Ericson to assure the person attending Cable Commission meetings on behalf of the City represent the City's best interest. Council Member Mueller stated that last fall the Council had indicated it would discuss adopting an ethical code of conduct at the next retreat and asked that it be included for discussion C. Reports of City Attorney. Mayor Flaherty asked why the Ordall Minor Subdivision is still pending. Clerk-Administrator Ericson stated the Council approved the minor subdivision but the County would not accept the subdivision since one parcel is torrents and the other is abstract. He explained the City's Code does not require the subdivision to be done by plat and the City Attorney has indicated the County cannot make that deternunation because the City's code prevails. Clerk-Administrator Ericson stated City staff would contact the County regarding this matter. 12. 13. Next Council Work Session: Next Council Meeting: RECESS TO CLOSED SESSION Monday, February 1, 2010, at 7:00 p.m. Monday, February 8, 2010, at 7:00 p.m. MOTION/SECOND: Mueller/Hull. To recess to Closed Session to review labor negotiations and the performance of the Clerk-Administrator and to adjourn from the Executive Session. Ayes — 5 The meeting was recessed at 10:05 p.m. Nays — 0 Motion carried. Mounds View City Council January 25, 2010 Regular Meeting Page 14 Transcribed by: , Carla Wirth, TimeSaver Off Site Secretarial, Inc. • •