HomeMy WebLinkAboutMinutes - 2010/04/26• PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL
CITY OF MOUNDS VIEW
RAMSEY COUNTY, MINNESOTA
Regular Meeting
Apri126, 2010
Mounds View City Hall
2401 Highway 10, Mounds View, MN 55112
7:01 P.M.
1. MEETING IS CALLED TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL: Flaherty, Stigney, Hull, Mueller, Gunn.
NOT PRE5ENT: None.
4. APPROVAL OF AGENDA
A. Monday, Apri126, 2010, City Council Agenda.
• Council Member Mueller noted the Council was presented with a revised Agenda. The revised
agenda added Consent Agenda Item 8B, 5chedule a Public Hearing for Monday, May 10, 2010,
at 7:05 p.m. for a Conditional Use Permit for an Oversize Garage for the Property Located at
7406 Spring Lake Road.
MOTION/SECOND: Mueller/Hull. To approve the revised agenda as of Monday, April 26,
2010 at 10:30 a.m.
Ayes — 5 Nays — 0 Motion carried.
5. PUBLIC INPUT
Peter Bergstrom, 5133 Irondale Road, asked the Council to add him to the agenda to appeal the
storm infiltration basin in his front yard. He indicated he sent emails to the Council and had
submitted additional information to the City.
Mayar Flaherty asked if the City was aware of Mr. Bergstrom's appeal. Director of Public
Works DeBar stated he was made aware of Mr. Bergstrom's concerns. 5taff inet with Mr.
Bergstrom three weeks ago and discussed where the iniiltration basin would be located. The
appeal was being made at this time to potentially modify the location or size of the basin.
•
Mounds View City Council April 26, 2010
Regular Meeting Page 2
Mayor Flaherty questioned the reason for the appeal at this time. Mr. Bergstrom stated he was •
appealing for the reason of a hardship. He presented the Council with written documentation
explaining his reasoning in detail.
Mayor Flaherty explained the Ciry needs a certain amount of square footage to comply with Rice
Creek Watershed's standards and he did not know if the City was able to alter or amend the size
of this infiltration basin. Director of Public Works DeBar stated the City did not have any
additional square footage to spare. He explained to the south of Mr. Bergstrom's driveway was a
low point that spills into the adjacent lake.
Mr. Bergstrom read through the detailed documentation with the Council to explain the hardship
on his lot. He reviewed the current water runoff flow with elevations and reported his lot has
received water damage in the past.
Council Member Mueller indicated Mr. Bergstrom told her he has paid thousands of dollars out
of pocket to try to remedy the water situation on his lot. She requested this information be shared
with the Council. Mr. Bergstrom noted he was approaching $30,000 in funds spent on drain tile
and other expenses to eliminate the seepage flowing into his home.
Council Member Gunn asked if two smaller infiltration basins might be a better option for this
lot versus one large basin. Director of Public Works DeBar stated this was discussed as a
possibility and Mr. Bergstrom was in favor of the catch basin on the south side of his lot. The
basin on the north side of his lot was not as certain. •
Mr. Bergstrom expressed concern for all water flowing from the north as it flows directly into his
basement. The water from the south goes to a channel to the lake.
Council Member Gunn questioned if the proposed infiltration basin would eliminate the water
concerns for the lot. Mr. Bergstrom stated the additional water flow in his lot could continue to
run into his basement. He would rather have the water flow past his lot and into the City sewer.
Mayor Flaherty suggested staff continue to speak with Mr. Bergstrom to reach an alternative
solution and report back to Council with additional information at a future meeting. The Council
agreed stating this lot did have a hardship due to the current and past water concerns.
Harvey Kowalzek, 2756 Sherwood Road, stated he wanted the City to fill in the hole in his front
yard that was created by the City street project. He invited the Council and staff to view the hole
in his yard and stated he would like to have it fixed immediately. Mr. Kowalzek did not want to
see excess water flowing into his yard and then into his home.
Mayor Flaherty noted he had been to Mr. Kowalzek's property and asked staff what progress was
made with the engineers or contractor. Director of Public Works DeBar stated it was still early in
the season and noted he would be speaking with the contractor to have the hole rounded out to
have it look bettery. He stated Bonestroo was completing a punch list at this time for the projects •
that were completed last fall.
•
•
•
Mounds View City Council Apri126, 2010
Regular Meeting Page 3
Tom Winiecke, 2748 Sherwood Road stated he has been mowing Mr. Kowalzek's grass for the
past seven years. With the alterations made to the front of his yard, he was not able to maintain
the deep hole that the City has created and he requested the City to maintain the right-of-way.
6. SPECIAL ORDER OF BUSINES5
A. Resolution 7609, Proclaiming Apri130, 2010, as "Arbor Day:'
Mayor Flaherty read in full a resolution proclaiming April 30, 2010, as "Arbor Day." He noted
Mounds View has been recognized as a Tree City USA Community for 28 consecutive years.
MOTION/SECOND: Gunn/Mueller. To Adopt Resolution 7609, Proclaiming Apri130, 2010, as
"Arbor Day."
Ayes — 5 Nays — 0 Motion carried.
B. Proclamation — Building Safety Month — May 2010.
Clerk-Administrator Ericson explained Building Safety Month is celebrated nationally in the
month of May to raise awareness of the need for building safety along with fire prevention codes.
Mayor Flaherty read in full a proclamation declaring May, 2010, as "Building Safety Month."
MOTION/SECOND: Mueller/Stigney. To Approve a Proclamation Declaring May, 2010, as
"Building Safety Month."
Ayes — 5 Nays — 0 Motion carried.
7. COUNCIL BUSINESS
A. 7:05 p.m. Public Hearing to Consider Resolution 7606, Approving an Interim
Use Permit for the Temporary Tent at The Mermaid, 2200 Highway 10.
Community Development Director Roberts explained that after the completion of the AmericInn
Hotel construction and renovation of the existing facility, The Mermaid erected a temporary
outdoor membrane structure for banquets and other events. At the time it was first erected, there
were no zoning regulations to address such a structure. In 2004, the City adopted new provisions
for temporary tent structures in business zoned districts and created an Interim Use Permit (NP).
In March of 2005, the City approved a 5-year NP for The Mermaid's tent. The Mermaid has
applied for a new ICTP in order to continue using the tent.
Community Development Director Roberts presented the City Code requirements for
consideration of an NP, noting it is the same as the process to consider a Conditional Use Permit
(CUP). He noted the City code has eleven different conditions the NP must meet to be
approved. The Mermaid's tent does meet all conditions at this time and Staff recommends
approval for an indefinite period so long as the owner gets the necessary annual pernuts from the
City.
Mounds View City Council Apri126, 2010
Regular Meeting Page 4
Mayor Flaherty opened the public hearing at 7:44 p.m.
Hearing no public input, Mayor Flaherty closed the public hearing at 7:44 p.m.
Council Member Gunn asked if the tent required an inspection by the iire department before use.
Community Development Director Roberts stated the tent was erected prior to Council approval
and a letter was sent to The Mermaid regarding these concerns. He indicated they were notified
the permit was going to be discussed at tonight's meeting and that an inspection by the City
would follow.
Council Member Mueller questioned if the tent would be inspected on a yearly basis after
approval of the NP. Community Development Director Roberts stated this would be the case
and that a permit would have to be applied for on a annual basis as well.
Council Member Mueller asked if the Council could approve the tent permit for another iive
years versus the indefinite NP. Community Development Director Roberts explained this would
be entirely up to the Council but staff did not object to the tent use at The Mermaid.
MOTION/SECOND: Gunn/Hull. To Waive the Reading and Adopt Resolution 7606,
Approving an Interim Use Permit for the Temporary Outdoor Tent Structure at The Mermaid
located at 2200 County Highway 10; Planning Case No. N2010-001.
Council Member Mueller asked for an amendment to the motion limiting the length of the
Interim Use Pernut to five years.
AMENDMENT MOTION/SECOND: Mueller/Hull. To Revise Resolution 7606, Limiting the
Interim Use Permit to Five Years for The Mermaid.
Council Member Stigney stated he was in favor of limiting the outdoor tent structure pernut.
Mayor Flaherty agreed with limiting the pernut to five years versus the indefinite request.
Mayor Flaherty called for a vote on the Resolution amendment.
Ayes — 5 Nays — 0 Amendment motion carried.
Mayor Flaherty called for a vote on the original motion as amended.
Council Member Stigney asked that The Mermaid setbacks on the tent location be verified
Ayes — 5 Nays — 0 Motion carried.
•
•
B. 7:10 p.m. Public Hearing to Consider Resolution 7607, to Approve an •
Outdoor Liquor Consumption Endorsement for The Mermaid, 2200
Mounds View City Council April 26, 2010
Regular Meeting Page 5
• Highway 10.
Assistant Clerk-Administrator Crane presented the request of The Mermaid for an Outdoor
Liquor Consumption Endorsement to allow the sale and consumption of liquor or wine outdoors
when service is immediately adjacent to and contiguous with the licensed premises. She advised
that The Mermaid currently has an On-sale Intoxicating Liquor License and is constructing a
patio located next to the front entrance of the establishment. Assistant Clerk-Administrator
Crane stated The Mermaid has met all requirements and this permit would expire June 30, 2010.
Mayor Flaherty opened the public hearing at 7:56 p.m.
Hearing no public input, Mayor Flaherty closed the public hearing at 7:56 p.m.
Council Member Mueller indicated the information provided to Council shows the deck
construction has already begun. 5he questioned if the City has inspected the deck to date.
Assistant Clerk-Administrator Crane stated the deck was almost finished and explained the Fire
Marshall has been in contact with The Mermaid regarding the occupancy allowed on the outdoor
patio.
Mayor Flaherty stated he did not object to the permit.
. MOTION/SECOND: Mueller/Stigney. To Waive the Reading and Adopt Resolution 7607,
Approving an Outdoor Liquor Endorsement far The Mermaid located at 2200 Highway 10.
Ayes — 5 Nays — 0 Motion carried.
C. Resolution 7605, Authorizing the Hire of Jaren Zech to the Position of Public
Service Officer (PSO).
Deputy Police Chief Kinney presented staff's recommendation to hire Jaren Zech to a three-
fourths non-sworn position of Public Service Officer (PSO) at the step one pay rate according to
the AFSCME labor union contract, $12.73 per hour, effective May 3, 2010. This position
became open with the resignation of Tyler Martin on January 4, 2010. The Police Civil Service
Commission reviewed the eligibility list and recommended Jaren Zech for the position.
Council Member Stigney asked how the billing for the Public Services Officer would be divided
between City departments. Deputy Police Chief Kinney explained two-thirds of his time will be
spent with the police department and one-third of the time will be for community development.
Community Development Director Roberts explained the budget has allotted 20 hours per week
for the police department and 10 hours per week for community development.
Council Member Mueller questioned if step increases would be expected for this position.
Deputy Police Chief Kinney stated this would be expected over time through the Labor
• agreement.
Mounds View City Council Apri126, 2010
Regular Meeting Page 6
Mayor Flaherty felt this was a valuable position in the City and offered additional code
enforcement to the City.
MOTION/SECOND: Mueller/Hull. To Waive the Reading and Adopt Resolution 7605,
Authorizing the Hire of Jaren Zech to the Position of Public Service Officer (PSO).
Council Member Stigney stated he would be in favor of hiring this position at half time to
eliminate the need of paying for benefits. He suggested the City look at this position in a most
cost effective manner.
Ayes — 4 Nays — 1(Stigney) Motion carried.
D. First Reading and Introduction of Ordinance 843, an Ordinance Amending
Chapters 502 and 503 of the City Code Relating to Liquor Licenses.
Clerk-Administrator Ericson presented recommended amendments to Chapters 502 and 503 of
the City Code relating to liquor licenses that would eliminate confusing or inconsistent
provisions and incorporate new legislation. He explained there were substantial changes to the
Chapters and all were summarized thoroughly by staff. Staff recommended Council support and
to approve the First Reading and Introduction of the Ordinance.
Council Member Gunn asked why "minor" was changed to person under 21. Attorney Riggs
stated "minor" could be understood as a person under 18 and needs to be clarified as a person
under 21. He indicated the review of this document was very thorough and greater reflected the
most current codes and statutes.
Mayor Flaherty thanked Staff for the time spent updating and revising the Chapters 502 and 503.
He indicated support for setting the Sunday sales of alcohol and food to 12:00 p.m.
MOTION/SECOND: Mueller/Hull. To Waive the First Reading and Introduce Ordinance No.
843, An Ordinance Amending Chapters 502 and 503 of the Mounds View City Code Regarding
Business License Regulations.
Ayes — 5 Nays — 0 Motion carried.
E. First Reading and Introduction of Ordinance 842, Flood Plain Regulation
Update.
Community Development Director Roberts explained that the Minnesota Department of Natural
Resources (DNR) and Federal Emergency Management Agency (FEMA) have informed the City
that it needs to adopt new floodplain regulations by June 4, 2010. This ordinance update is
necessary to keep the City and affected properties eligible for federal flood insurance. He noted
the last major floodplain regulations were adopted in 1994 and 1996. Approval of this Ordinance
would replace Chapter 1301 of the current City Code. Staff recommended Council support and
approve the First Reading and Introduction of the Ordinance.
�
•
•
•
Mounds View City Council Apri126, 2010
Regular Meeting Page 7
Council Member Mueller indicated the letter dated April 20, 2010, stated there may be some
changes in FEMA that would apply to manufactured housing in the City. She questioned how
the City would pass along this information to the manufactured housing parks. Community
Development Director Roberts stated the City did have lists to assure they were in compliance.
Mayor Flaherty questioned how the City would notify property owners they were now located in
a floodplain. Community Development Director Roberts stated this was his next task, to
compare the two maps and create a list of affected properties to ensure they were notified.
MOTION/SECOND: Mueller/Hull. To Waive the First Reading and Introd�ce Ordinance No.
842, An Ordinance Amending Title 1300 of the Mounds View City Code by Repealing all of
Existing Chapter 1301 (Flood Plain Zoning) and Adding a New Chapter 1301 (Flood Plain
Management) to the City Code.
Council Member Mueller asked if this Ordinance would be posted on the City's website. Clerk-
Administrator Ericson stated the Ordinance would be posted on the website once approved by
Council.
Council Member Mueller requested the floodplain map also be posted on the website for the
residents to review. Community Development Director Roberts stated he would have to see if
• this was possible, given the fact it was a large document. He indicated a link may be created to
FEMA with the necessary information. The City did have paper copies of the new map available
to residents.
•
Ayes — 5 Nays — 0 Motion carried.
F. Resolution 7608, Approving Insurance Contribution Adjustment for Non-
Union Employees.
Assistant Clerk-Administrator Crane indicated the Council has traditionally awarded the same
insurance contribution to all employee groups in order to maintain internal equity. She presented
staff's recommendation for a monthly contribution of $842.20 for all non-union employees,
effective January 1, 2010. This is the same contribution in the 2010-2011 Public Works
Collective Bargaining Agreement.
Council Member Mueller asked how many non-union employees would be affected with this
increase. Assistant Clerk-Administrator Crane explained there were seven non-union employees.
MOTION/SECOND: Gunn/Mueller. To Waive the Reading and Adopt Resolution 7608,
Approving Insurance Contribution Adjustment for Non-Union Employees.
Mayor Flaherty felt this was the correct and proper thing to do.
Ayes — 5 Nays — 0 Motion carried.
Mounds View City Council April 26, 2010
Regular Meeting Page 8
G. First Reading and Introduction of Ordinance 844, An Ordinance Amending
the Mounds View Municipal Code by Changing all References of "Clerk-
Administrator" to "City Administrator."
Clerk-Administrator Ericson reviewed that on March 8, 2010, the Council had adopted
Ordinance 841 that revised the City Charter by replacing all instances of "Clerk-Administrator"
with "City Administrator." He explained the ordinance under consideration tonight is needed to
effectuate the same change throughout the municipal code. The ordinance was prepared by
Kennedy & Graven for the City and was reviewed by staff. The change would be effective 30
days after publication of the ordinance.
Council Member Mueller asked if the Assistant Clerk-Administrator's title could be changed to
Assistant City Administrator at the same time. Clerk-Administrator Ericson stated Council could
direct staff to make this change to remain consistent with the City Administrator's title.
MOTION/SECOND: Mueller/Hull. To Waive the First Reading and Introduce Ordinance 844,
An Ordinance Amending the Mounds View City Code by Changing all Occurrences in the City
Code of "Clerk-Administrator" to "City Administrator."
Ayes — 5 Nays — 0 Motion carried.
MOTIONlSECOND: MuellerfGunn. To direct staff to change all occurrences in City Code and
documentation of "Assistant Clerk-Administrator" to "Assistant City Administrator" and that
this be effective May 10, 2010.
Mayor Flaherty asked how the motion would be published. Clerk-Administrator Ericson stated
the motion would be reflected in the minutes; however, if Council preferred staff could draft a
Resolution.
Council Member Mueller felt a Resolution wasn't necessary as this was a logical change.
Council Member Stigney was in favor of approving this through Resolution.
Mayor Flaherty suggested staff bring this back as a Resolution under the Consent Agenda.
SUBSTITUTE MOTION/SECOND: MuelleriGunn To direct staff to draft a resolution
changing the title of "Assistant Clerk-Administrator" to "Assistant City Administrator" effective
May 10, 2010.
Mayor Flaherty called for a vote on the substitute motion.
Ayes — 5 Nays — 0
Substitute motion carried.
•
•
Council Member Hull left the Council Chambers. •
�
�
i
Mounds View City Council Apri126, 2010
Regular Meeting Page 9
8. CONSENT AGENDA
A. Licenses for Approval.
B. Schedule a Public Hearing for Monday, May 10, 2010, at 7:05 p.m. for a
Conditional Use Permit for an Oversize Garage for the Property Located at
7406 Spring Lake Road.
MOTIONJSECOND: Gunn/Mueller. To Approve the Consent Agenda as Presented.
Ayes — 4 Nays — 0
Council Member Hull returned to the Council Chambers.
9. JUST AND CORRECT CLAIMS
Motion carried.
Finance Director Beer answered the Council's questions related to claims.
MOTIONI5ECOND: Gunn/Mueller. To Approve the Just and Correct Claims as Presented.
10.
Ayes — 5 Nays — 0
APPROVAL OF MINUTES
A. March 22, 2010 City Council Meeting Minutes.
Motion carried.
MOTIONl5ECOND: Gunn/Hull. To approve the March 22, 2010, City Council Meeting
Minutes as corrected on Page 1, Line 38, asked that "Sun Times" be changed to "Sun Focus."
11.
Ayes — 5 Nays — 0
REPORTS
A. Reports of Mayor and Council.
There were no reports at this time.
B. Reports of Staff.
1. Police Department Quarterly Report.
Motion carried.
Deputy Police Chief Kinney presented the Police Department first quarter report. He reviewed
several highlights with the Council stating that arrests and calls for service were up in 2010
compared to 2009. Theft and fraud continue to be the top crimes in the City. Discussion ensued
regarding the concerns of bullying in the City schools.
Mounds View City Council Apri126, 2010
Regular Meeting Page 10
Deputy Police Chief Kinney noted the City hosted a Ramsey County Traffic Safety Saturation •
Initiative event on March 26, 2010. He indicated 29 officers within the County stopped 400
vehicles in an eight hour period in the City and the next event is scheduled for July. It was
reported that Officer Greg Neumann was hired February 1, 2010, and is nearing the completion
of his field training period.
Council Member Mueller asked how unwelcomed text messages should be addressed. Deputy
Police Chief Kinney indicated the phone carrier should be contacted and immediate threats
should be brought to the attention of the police department.
Council Member Mueller questioned how the slight increase in overtime would be covered by
the budget. Deputy Police Chief Kinney stated the Night Cap events would be reimbursed
quarterly by the County.
Mayor Flaherty asked the Chief about the rising instances of arrests. Deputy Police Chief Kinney
noted there was more traffic action on behalf of the department which has created more arrests.
2. Finance Department Quarterly Report.
Finance Director Beer presented the Finance Department first quarter report. He noted the
general fund has taken in 3.6°% of the budgeted revenues for the year in the first quarter. The
second quarter would see increased revenues due to property taxes. The City would need to
maintain a revenue balance until that the property taxes were collected. .
Finance Director Beer explained the Chamber of Commerce has moved and the City was seeking
a new tenant. He was not optimistic this space would be filled quickly given the state of the
economy.
Finance Director Beer noted the State Legislature was still in session and the LGA issues have
not been resolved. Staff was beginning to plan for the 2011 budget and understood LGA funds
would continue to decrease along with the five-year iinancial plan. He reported the City received
a bond increase rating from Moody's. The street iinancing plan has been reviewed and the City
could complete the City streets by 2015 by combining G and H.
Council Member Mueller asked if the City had considered offering low interest loans to
homeowners to assist with the current financial crisis. Finance Director Beer indicated this
would be a risk the City could not take on at this time. Mayor Flaherty agreed that this may not
be the best time for the City to assume such a risk and explained there were other organizations
available to assist with financial support for homeowners.
3. Totino's Italian Kitchen — Voluntary Surrender of Liquor License.
Assistant Clerk-Administrator Crane advised that Totino's Italian Kitchen has been delinquent in
payment of its liquor sales t�es since September 2009. Non-payment of liquor t�es prevents �
active liquor establishments from purchasing liquor, beer, or wine to resell. She noted that
Mounds View City Council Apri126, 2010
Regular Meeting Page 11
. Totino's had requested a payment plan from the Minnesota Department of Revenue, which
requested Totino's to immediately surrender its On-Sale Intoxicating Liquor License. This action
occurred on Apri121, 2010. Assistant Clerk-Administrator Crane explained that Council action
is not required for a voluntary surrender of a liquor license and as soon as Totino's becomes
current on their liquor sales taxes, it will be authorized to re-apply for a liquor license.
4. Other
Assistant Clerk-Administrator Crane noted she would be revising the Personnel Policies and
Computer Use Policy which was vastly outdated.
Clerk-Administrator Ericson noted the City of Arden Hills held a jurisdictional TCAAP meeting
on April 14, 2010 to provide an update as to the most recent information. He explained the GSA
will be holding an online public auction at the end of June or early July for 400+ acres of land
and the City of Arden Hills will continue to work on updating their zoning code to address the
redevelopment of the site.
Mayor Flaherty indicated he had attended the meeting and felt it was very informative. He hoped
to see mixed use on this site.
Clerk-Administrator Ericson congratulated the Irondale Winter Drumline as they finished 15th
• out of 53 drumlines at the 2010 WGI Championships held in Dayton, Ohio.
Clerk-Administrator Ericson stated he attended the Leadership Forum last week and found the
information extremely useful regarding future negotiations.
Clerk-Administrator Ericson explained the Chamber of Commerce would be moving out this
Friday. The Chamber has been a wonderful tenant and the City would seek a new tenant, but
noted this would be difficult given the small amount of space available.
Mayor Flaherty read through a Pay Equity Notice of Compliance that was awarded to the City
from the Minnesota Management and Budget Department. He explained that all positions within
the City of Mounds View are paid at an equitable wage for the work that is being done.
C. Reports of City Attorney.
City Attorney Riggs reported the City adopted resolutions at the last meeting to sell excess
property to the Met Council. He noted an as-is purchase agreement was presented to Met
Council, and the sale was still pending.
12. Next Council Work Session: Monday, May 3, 2010, at 7:00 p.m.
Next Council Meeting: Monday, May 10, 2010, at 7:00 p.m.
•
Mounds View City Council Apri126, 2010
Regular Meeting Page 12
13. ADJOURNMENT
The meeting was adjourned at 9:33 p.m.
Transcribed by:
Carla Wirth
TimeSaver Off Site Secretarial, Inc.
.
•
•