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HomeMy WebLinkAboutMinutes - 2010/05/24. PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA egular Meeting May 24, 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 PRESENT: None. 4. APPROVAL OF AGENDA A. Monday, May 24, 2010, City Council Agenda. • MOTION/SECOND: Mueller/Hull. To Approve the Monday, May 24, 2010, agenda as presented. Ayes — 5 Nays — 0 Motion carried. 5. PUBLIC INPUT Tom Winiecki, 2748 Sherwood Road, thanked the Council along with the Streets and Utilities Commissioner for completing the intersection at Groveland and Sherwood Road. He indicated his front yard still needed some work and asked how long he and his neighbors would have to wait on this issue. Director of Public Works DeBar stated a punch list was created to complete the natural gas coverage and an Xcel Energy contractor would be addressing these concerns yet this spring. Pat Stampfle, 7074 Knollwood Drive, stated he purchased a security system for his home from Apex four or five years ago, which was then bought out by Pinnacle Security. New equipment was brought and installed in his home and this past March by Pinnacle. He has since tried to cancel his services with Pinnacle and was told he was locked into a 39 month contract. After completing some research, he contacted the Attorney General and she was looking into the concerns. Mr. Stampfle read through a letter sent to Pinnacle Security by the Attorney General's office. The conduct of Pinnacle is in question and wanted to warn the residents of the City to be • aware of the dishonest behavior of the salesman. Mounds View City Council May 24, 2010 Regular Meeting Page 2 Ma or Flahert thanked Pat for bringing this information to the City and encouraged residents to • Y Y request to see a City pernut from any solicitor in the City. All those approved to sell in Mounds View will have a permit with them at all times. 6. SPECIAL ORDER OF BU5INE5S A. 2009 Audit Presentation by Aaron Nielsen, CPA, Principal — Malloy, Montague, Karnowski, Radosevich, & Co., P.A. Aaron Nielsen, CPA with Malloy, Montague, Karnowski, Radosevich & Co., introduced himself to the Council and reviewed the 2009 year-end audit in detail. Mr. Nielsen reviewed the management report under the audit summary stating the audit was offering a clear and unbiased opinion to the City. He further discussed the t�able income trends over the past 10 years. The average tax rate was below the 2008 rate and below the state-wide averages. Mr. Nielsen stated the overall financial position of the City at the end of 2009 was great. The 2009 budget was only off by $101,000 as revenues were under-budget by $320,000. Expenses were reduced in 2009 by $65,000. The City has posted positive equity for 2009 and the net assets increased over the year. He reviewed several accounting updates the Council should expect to be implemented in 2011 and with that asked the Council for any questions or comments. Council Member Stigney asked if the public safety expenses included both the police and %re • department. Mr. Nielsen explained both entities were included in the public safety expenditures. Mayor Flaherty thanked Mr. Nielsen for the report, along with the entire Finance Department for the great work completed for the City. B. Senator Betzold and Representative Tillberry Speak to the City Council about the 2010 State Legislative Session Representative Tillberry updated the Council as to what occurred in the 20101egislative session. He stated the session did end on time and the budgetary deficit was the main concern. A balanced approach had to be taken because the State could not spend or cut its way out of the deficit. Instead, the State needed to reduce, reform and create additional revenue. Representative Tillberry explained many of the previous unallotments were held even after the Supreme Court decision given the time frame. The deficit situation will remain to be difficult as payment delays were approved and would carry over to the next session. A special session was not looked upon favorably. He indicated that in the end as the state continues to reduce and reform governmental expenditures the budget situation will be easier to balance. In addition, as revenues continue to increase through income taxes this would assist with the deiicit. Senator Betzold thanked the Council for their time and stated the legislative session was • extremely busy. The Senate looked at passing a job bill, a more strict DWI initiative, along with Mounds View City Council May 24, 2010 Regular Meeting Page 3 • reforming the State's pension funds. He explained that the budget has been imbalanced due to a reduction in sales and income t�es. After much time and discussions, the governor signed off on a balanced budget. Several of the K-12 bills were pushed into the next session. Council Member Mueller questioned how the legislature was working to increase the number of jobs in the State. Representative Tillberry indicated the jobs bill was fully funded and would create 20,000 jobs. He further reviewed the changes made to the K-12 bill with the Council explaining he chaired the Education Committee. Senator Betzold added that the capital investment bonding bill approved $600 million worth of projects in the State that would create jobs throughout the state. Council Member Mueller asked what purpose was served by the birth defect database for the State of Minnesota. Representative Tillberry noted this was Representative Murphy's bill and he recalled this bill would allow the State to greater transfer vital medical information. A concern on this bill would be privacy and stipulations were added through amendments. Council Member Mueller thanked Representative Tillberry for recognizing the City of Mounds View as a Crown Community in 2009. Council Member Stigney asked for comments on the recent articles in the Pioneer Press regarding contribution plans and defined beneiit plans. Both Senator Betzold and Representative • Tillberry had not read the article. Council Member Stigney presented each with a copy. Senator Betzold indicated he chaired the Pensions Commission and this has been an ongoing concern. The Senate made an amendment on the floor to turn all pension funds to defined contribution plans. This is a multi-billion dollar issue. Actuaries were now reviewing the issue and further discussion would take place at the next session. Representative Tillberry understood that a defined benefits plan would lock the members into a contract and he was looking forward to further discussions next session. Mayor Flaherty observed the bonding bill would create jobs but felt there was not stay-ability or longevity with the jobs created. He agreed with many of the line item vetoes from the governor. The budget deficit was extremely difficult to tackle this year and commended them both on their work for the State. Council Member Gunn asked why school districts were always the iirst to be cut. Representative Tillberry stated this was a great question, and explained the K-12 budget discussions were difficult and he agreed the school district did see most of the first cuts. The governor did have a lot of power over the budget and felt this was not benefiting the state. Senator Betzold indicated the Senator's are not taking a position to cut K-12 but when 50°Io of the budget is education, it creates a real challenge. School districts do not have the ability to levy so each has to work with the funding provided. He explained the economy is going to turn around which will provide a � shift in the current trend. Mounds View City Council May 24, 2010 Regular Meeting Page 4 7. COUNCIL BUSINES5 A. 7:05 p.m. Public Hearing to Review and Consider Resolution 7612, Adopting the Five Year Financial Plan for the Years 2011 through 2015. Finance Director Beer stated City Charter, Chapter 7.05 requires that a five year iinancial plan be prepared annually. It must be presented at a public hearing and adopted by motion or resolution. The City Council reviewed the plan at the May 3`d work session. This five year plan should be considered a work-in-progress and a guide for Council and Staff to make longer range decisions. As new information becomes available and conditions change we can update the components to determine the longer range affect. The Five Year Plan is a blueprint for future years and is only one possible scenario. It is intended to be changed as priorities change and more current information becomes available. Finance Director Beer explained he did update the street improvement plan information as it would be completed ahead of schedule. A deiicit was shown for each of the five years and noted work would need to be done to balance the financial plan. Staff welcomed Council comments or questions. Mayor Flaherty opened the public hearing at 8:13 p.m. Hearing no public input, Mayor Flaherty closed the public hearing at 8:13 p.m. Council Member Hull asked why the Street Improvement Levy was increased for years 2014 and 2015. Finance Director Beer explained the TIF District 1 capacity comes back on line in 2014. In addition, $800,000 was saved because the project would be completed ahead of schedule. Council Member Hull questioned how this would affect the residents in 2014 and 2015. Finance Director Beer anticipated the residents would still see a tax decrease due to the fact the TIF district was decertifying. MOTION/SECOND: Gunn/Mueller. To Waive the Reading and Adopt Resolution 7612, Adopting the Five Year Financial Plan for the Years 2011 through 2015. Council Member Stigney explained the plan was not "set in stone" and suggested a long-term approach be taken with more realistic increases. He stated he would not support the plan. Ayes — 4 Nays — 1(Stigney) Motion carried. B. 7:10 p.m. Public Hearing for the Introduction and First Reading of Ordinance 845, a Zoning Code Amendment to Chapter 1112, B-1 Neighborhood Business District, adding Thrift 5tore and Other Additional Permitted Uses. • • Planning Associate Heller indicated Dawn Huffman has applied to the City for a zoning code text • amendment to add "thrift store" as a pernutted use in the B-1, Neighborhood Business district. Mounds View City Council May 24, 2010 Regular Meeting Page 5 • She wants the City to make this change so she may open a thrift store in the vacant space at 2408 County Road I. After reviewing the B-1 zoning code, City staff informed this potential new business owner, along with the building owner, that the existing B-1 zoning code does not allow thrift stores. In fact, there are now only five permitted uses in the B-1 zoning district: barbershops, beauty parlors, convenience grocery stores (not supermarket type), self-service laundromats and essential services (utility or government uses). The City may allow a daycare center in the B-1 district with the approval of a conditional use permit. City staff spoke to the thrift storeowner about this situation, and she has now applied to the City for a zoning code text amendment for the B-1 zoning district. Based upon the discussion of the Planning Commission on April 21, 2010, staff drafted a resolution that recommends an amendment to the Zoning Code that adds more pernutted uses to the B-1 district. The Planning Commission unanimously approved Resolution 924-10 on May 5, 2010, recommending the addition of thrift store along with other permitted uses to the B-1 zoning district. Some concern was voiced about oversized on-site donations, but Staff felt any dumping or unwanted items would be handled through Code enforcement. Staff recommends Council consider adding the additional permitted uses to the B-1 Zoning District. Mayor Flaherty opened the public hearing at 8:25 p.m. • Dawn Huffman, the applicant, introduced herself to the Council stating she hoped to open a store in the City with more affordable clothing and household goods, selling both new and used goods. Helen Houle, 7643 Edgewood Drive, was very curious as to the renovations at the site. She supported the new use and questioned how drop-offs would be handled. Ms. Huffman indicated she would like to have a drop-off box on the side or front of her building. This issue would be further discussed with staff in addition to a potential privacy fence. Hearing no additional public input, Mayor Flaherty closed the public hearing at $:28 p.m. Council Member Mueller asked the difference between a thrift store and a pawn shop. Planning Associate Heller explained a pawn shop would not be allowed in the B-1 zoning district. Specific sites were chosen for a pawn shops tY�rough an overlay district. A pawn shop allowed for people to sell items to the store which would then be resold. A thrift store has donated items that would then be resold. Council Member Mueller questioned if the building had adequate parking. Planning Associate Heller explained this was not a concern due to the size of the building. She expected that many customers would walk to this location. Council Member Mueller asked if the applicant had owned a thrift store before and if she • anticipated hiring any full or part-time staff. Ms. Huffman explained she had not owned a thrift store before and would be looking to hire part-time staff in the future. � Mounds View City Council May 24, 2010 Regular Meeting Page 6 Mayor Flaherty encouraged Ms. Huffman to speak further with City staff to learn more about the City's rules and regulations in the B-1 zoning district. He applauded her for her efforts in starting a new business and wished her all the best. MOTION/SECOND: Mueller/Hull. To Waive the Reading and Adopt Ordinance 845, an Ordinance Amending Chapter 1112.02 of the Mounds View Zoning Code to Add Additional Permitted Uses to the B-1 Neighborhood Business Zoning District. Council Member Stigney felt all of the suggested additional uses would be beneficial as neighborhood businesses except tl�rift stores. He indicated these could have a negative impact on adjacent neighborhoods and Thrift Stores belong in the B-3 zoning district. ROLL CALL: Stigney/HulUMuller/Gunn/Flaherty. C. Ayes — 4 Nays — 1(Stigney) Motion carried. 7:15 p.m. Public Hearing to Consider Resolution 7621, a Conditional Use Permit for Outdoor Sales — Farmer's Market, at 2430 Highway 10 (Wynnsong Movie Theater parking lot). Planning Association Heller stated the applicant, Amaya Basumatary with PMY Management, is requesting city approval of a conditional use pernut to have outdoor seasonal sales in the parking lot of the Wynnsong movie theater. She is proposing to have a farmers market on Saturdays from 8:00 a.m. to 2:00 p.m. in the parking lot of the movie theater at 2430 Highway 10 from June 19 until October 16 each year. This property is zoned PUD (Planned Unit Development). According to the submitted site plan, the market would use about 10-12 parking spaces for vendors in the southern end of the parking lot near Moe's restaurant. Ms. Basumatary plans to start small this year with a few vendors to see if a farmers market is successful in Mounds View. If the market is successful, she would add more vendors to this location in the future. She has organized other farmers markets and has six vendors ready to participate in Mounds View this year. The City Code limits the outside services and sales to 30 percent of the gross floor area of the building. In this case, the movie theater is a very large building so there is no problem with the small area of the parking lot that she is proposing for the market. City staff will monitor the parking situation with the market and the theater - especially if the market is successful and becomes larger. Staff has drafted the resolution for the conditional use pernut in such a way so that the applicant would not need to appear before the Planning Commission and City Council each year. The CUP will remain in effect indefinitely as long as there are no changes to the operation and there have been no problems or reasons that would warrant the City Council to re-examine the CUP. The C� • • Mounds View City Council May 24, 2010 Regular Meeting Page 7 � applicant will need to submit a letter of intent and letter of pernussion from the property owner to the City each year before the start of the farmers market. The Planning Commission unanimously approved Resolution 926-10 on May 19, 2010, recommending approval of the conditional use permit for a farmers market. As with all planning applications, the City Council may recommend approval of the request, recommend denial of the request or table taking action. In this case, staff is recommending approval of the request. Mayor Flaherty opened the public hearing at 8:42 p.m. Hearing no public input, Mayor Flaherty closed the public hearing at 8:43 p.m. Council Member Gunn asked what types of vendors were lined up for this year. Amaya Basumatary, the applicant stated this would be a true farmer's market, with locally grown fruits and vegetables. Council Member Mueller questioned how signage would be handled for the farmer's market. Planning Associate Heller stated each vendor could have a sign at their booth advertising their wares. Two larger signs would be placed at the entrances to the movie theater advertising the farmer's market. Six additional temporary signs could be placed throughout the City and would be put up Saturday morning and removed shortly after the close of business. • Council Member Stigney asked if the City wanted to allow the temporary signs throughout the City. He indicated he was not in favor of placing temporary signs throughout the City. Planning Associate Heller stated garage sale signs are allowed on a temporary basis, which would be similar to the farmer's market. Council Member Hull clarified that the six small signs would only be up on Saturdays during the hours of operation. Council Member Mueller was in favor of the farmer's market signs as it would direct traffic to the new event. Mayor Flaherty felt this was a difficult situation as other businesses were not allowed to place temporary signs throughout the City. Planning Associate Heller indicated the applicant could be required to ask pernussion before placing temporary signs in private property. Council Member Mueller asked how important the temporary signs were. Ms. Basumatary felt the signs were crucial to getting information out about the farmer's market, especially for the first year. Additional informational flyers would be handed out to local restaurants and businesses. Community Development Director Roberts stated the City did receive a letter of support from Moe's. • Ma or Flahert asked if the Council was in support of the six temporary signs throughout the Y Y Mounds View City Council May 24, 2010 Regular Meeting Page g City. Council Member Gunn supported the signs and suggested they be placed in key locations along County Road 10 and that they be removed the same afternoon as the farmer's market. Council Member Mueller was in favor of the signs and agreed to locate them along Counry Road 10. Council Member Stigney questioned the language within the Resolution regarding the temporary signs. He supported it as written and that no temporary signs be allowed throughout the City. Council Member Hull felt the Resolution could be reworded to allow for the temporary signs to be located in the City on Saturdays. Mayor Flaherty supported the temporary signs being placed in the City during the hours of operation of the farmer's market. Clerk-Administrator Ericson stated the code enforcement of this issue could be difficult. He suggested the Council not allow additional signs on the corridor as it may bring about additional code enforcement concerns. • Mayor Flaherty thanked staff for the information and stated he would now not support the • temporary signs. Planning Associate Heller suggested the "6 small sign" language be stricken from the Resolution. Ms. Basumatary stated she didn't see how the signs would impact the corridor if she were responsible for the placement and removal of the signs. She requested the Council consider allowing the temporary signs to assist in getting the word out on the new farmer's market. Clerk-Administrator Ericson recommended the language regarding the two large signs read that the signs "only be allowed on the day of the market". The Council supported this recommendation. Community Development Director Roberts suggested language be added stating: "All signs shall be removed after each sales day". Although a bit redundant, it would provide further clarification. The Council supported this recommendation. Mayor Flaherty questioned if the City should limit the number of vendors within the Resolution. Council Member Gunn felt this was not a concern as the theater parking lot was extremely large and available on Saturday mornings. Council Member Mueller agreed. Planning Associate Heller noted the theater had 700 parking stalls. Council Member Stigney suggested the two temporary signs be limited to 32 square feet to assure • that the signs do not continue to increase in size. Mounds View City Council May 24, 2010 Regular Meeting Page 9 • Clerk-Administrator Ericson questioned if the type of vendors should be limited or more defined within the Resolution. City Attorney Riggs suggested language be added stating the farmer's market will sell only local produce. Mayor Flaherty suggested the farmer's market only sell local fruits and vegetables. Council Member Gunn commented this would eliminate flowers, jams, jellies, eggs, and meats. The Council agreed to allow the farmers market to sell local produce and agricultural products. MOTION/SECOND: Gunn/Mueller. To Waive the Reading and Adopt Resolution 7621, a Conditional Use Permit for Outdoor Sales — Farmer's Market at 2430 Highway 10 (Wynnsong Movie Theater parking lot) allowing for the sale of produce and agricultural products only; the farmer's market shall be allowed two signs not to exceed 32 square feet each; the signs may be placed at the movie theater entrances only on the day of the market; and all signs shall be removed after each sales day. Council Member Mueller requested the title of the Resolution be changed from Outdoor Sales — Farmer's Market to Outdoor Farmer's Market. . AMENDMENT MOTION/SECOND: Mueller/Stigney. To Revise Resolution 7621, revising the title on the Resolution to Outdoor Farmer's Market at 2430 Highway 10. Ayes — 5 Nays — 0 Amendment to Motion carried. Council Member Stigney requested the vendors be properly licensed with the State. Ms. Basumatary assured the Council that she would refer all vendors to secure the proper licensure with the County or State, if required, to sell their items in the City of Mounds View. Ayes — 5 Nays — 0 Motion carried. D. Resolution 7620, Approving the Hire of Don Burda as Seasonal Building Inspector in the Community Development Department. Community Development Director Roberts stated the City has not had a paid part-time building inspector since Don Burda resigned from the position in May 2009. Don had started with the City in May 2006. Jeff Baker served the City as an unpaid building and fire inspector from June 2009 through April 2010. Jeff has since left the City and it has become apparent to staff that the City needs additional inspection help. This assistance would be to meet the needs of the property owners, contractors and to prevent the burnout of existing City inspection staff. After speaking with Don Burda further he requested $18 an hour, versus the $15 which would • provide the City 400 hours of part-time building inspection services for 2010. The advantage of hiring Mr. Burda back with the City, it would save the City time in advertising for the position Mounds View City Council May 24, 2010 Regular Meeting Page 10 and training in new personnel. City staff is requesting Council approve the hire of Don Burda as a seasonal part-time building inspector for 2010, subject to the terms and conditions within the resolution. Council Member Stigney questioned if the permit fees would cover the expense of Mr. Burda's part-time salary. Finance Director Beer indicated the pernut and license fees would cover his wages. Community Development Director Roberts understood that the Council was not interested in overspending on this part-time position and that permit and license fees would be used to cover this expense. Council Member Stigney asked if separate language should be written into the Resolution regarding this matter. Clerk-Administrator Ericson felt this was not necessary as staff understood if no permits were coming into the City, there would not be a need for Mr. Burda's inspection services. MOTION/SECOND: Stigney/Hull. To Waive the Reading and Adopt Resolution 7620, Approving the Hire of Don Burda as Part-Time Seasonal Building Inspector in the Community Development Department. Mayor Flaherty indicated he saw the hire as temporary for 2010 and expenses would be covered by the permit and license fees, which would not impact the City's budget. The Council would then be able to evaluate the position again in 2011. Council Member Mueller stated Mr. Burda was familiar with the City, was fully licensed and understands the operations. She felt the increase in the hourly rate was justified due to the fact the City would not have to retrain and advertise for this position and therefore supported the hire. Ayes — 5 Nays — 0 Motion carried. E. Resolution 7616, Revising Section 3.01 of the Mounds View Personnel Manual Pertaining to Compensation. Assistant Clerk-Administrator Crane stated that Section 3.01 of the Personnel Policy governs salary compensation. On December 22, 2008, the Mounds View City Council approved a Salary Compensation Study, which was completed by Springsted. This approval implemented a 2% wage adjustment for job classifications below the market, effective January 1, 2009. The Salary Compensation Study completed by Springsted used comparable cities to Mounds View to define the market for each position. The City's current Personnel Policy references "Stanton" as a means of defining the market. Since the Stanton Survey is no longer being published, the current policy is outdated. The Council discussed this in detail at the May work session. If the revised policy meets the City Council's expectations, then Resolution 7616 will need to be approved allowing Staff to revise this section of the Personnel Manual. • • Council Member Mueller expressed concern with the cost of living adjustment and felt the • language should read, when deemed appropriate. Mounds View City Council May 24, 2010 Regular Meeting Page 11 • Mayor Flaherty suggested Item 4 be removed completely as comparable communities were not clearly defined within the document. In addition, he requested additional language be eliminated under Pay Equity removing "the City may consider completing a market compensation survey" and the paragraph following. Assistant Clerk-Administrator Crane felt these were acceptable changes. Council Member Mueller supported Mayor Flaherty's suggestions. Council Member Hull asked for the purpose of a market compensation survey. Assistant Clerk- Administrator Crane explained the purpose was to assist with retaining employees to maintain comparable salaries. Council Member Hull had no problem with leaving the market compensation survey information in the Personnel Manual. Clerk-Administrator Ericson stated this issue was tied to Item 4. Leaving the language in would not hurt the policy and if removed, a compensation study could still be completed at the request of the Council. MOTION/SECOND: Mueller/Gunn. To Waive the Reading and Adopt Resolution 7616, • Revising Section 3.01 of the Mounds View Personnel Manual Pertaining to Compensation; removing Item 4 and omitting the iinal paragraph on Page 43. Council Member Stigney suggested half steps be taken between Step 1 and Step 2 on the pay scale. He did not feel it was necessary for employees to change three steps in one calendar year based on the current system. AMENDMENT MOTION/SECOND: 5tigney/Gunn. To Revise Resolution 7616, revising the pay scale to include a half step between Step 1 and Step 2, six months after date of hire; and that 5tep 2 shall not be reached before one year of employment with the City changing the pay scale to a four year plan. Finance Director Beer indicated the City had several union contracts based on the current pay scale. Council Member Stigney felt the original pay scale was quite liberal and now was the time to reevaluate the timeframe of the pay scale. This would change the pay scale to a four year plan versus the current three year plan. Council Member Gunn clarified if the pay scale would then change to a six step plan. Finance Director Beer suggested this be taken on as six steps with Step 1 at 80%, Step 2 at 821h°Io, Step 3 at 85%, Step 4 at 90%, Step 5 at 95°Io and Step 6 at 100%. • Council Member Stigney requested staff draft the appropriate language necessary to make this Mounds View City Council May 24, 2010 Regular Meeting Page 12 change. Mayor Flaherty suggested this amendment be brought to the contracts in place and the non- contract employees would then assume the same program. Council Member Stigney requested this begin with all new hires and be set as a policy going forward. He understood this would not be taken into consideration with the unions. Ayes — 4 Nays — 1(Flaherty) Amendment to Motion carried. Council Member Gunn questioned if the language should be changed within Resolution 7616 to make the policy six steps. Clerk-Administrator Ericson suggested the Five Step plan be maintained as not all the steps were equal. He indicated staff could draft language accordingly. Council Member Stigney agreed with staff's recommendation. Ayes — 4 Nays — 1(Hull) Motion carried. Clerk-Administrator Ericson commented that this policy would be yet another issue to find and attract new employees to the City of Mounds View if the pay scale was spread out over an additional year. F. Resolution 7617, Approving Step Increase for Officer Kirsten Lafean, MVPD. Assistant Clerk-Administrator Crane indicated Officer Kirsten Lafean is a current employee with the City of Mounds View. Her supervisor, Sergeant Steve Menard, has reviewed her performance as it relates to her responsibilities outlined in the job description. It was deternuned that Officer Lafean has satisfactorily performed in the capacity of her position, and therefore, a step increase wage adjustment is consistent with the LELS Police Ofiicers Union Contract. The pay change would be effective June 1, 2010. MOTION/SECOND: Mueller/Hull. To Waive the Reading and Adopt Resolution 7617, Approving the Step Increase of Ofiicer Kirsten Lafean, MVPD. Ayes — 5 Nays — 0 Motion carried. G. Resolution 7618, Establishing the Absentee Ballot Board for the 2010 Primary and General Elections. Assistant Clerk-Administrator Crane stated the Military and Overseas Empowerment (MOVE) Act, which was signed into law by President Obama on October 28, 20(?9, required Minnesota to move the Primary Election to August 10, 2010. This provided for a 45-day absentee balloting period. There is no change to the General Election date, which is scheduled for Tuesday, • � • Mounds View City Council � May 24, 2010 Regular Meeting Page 13 . November 2, 2010. Both elections for all four (4) precincts will be conducted at the Mounds View Community Center from 7 a.m. to 8 p.m. Assistant Clerk-Administrator Crane indicated there has been a great deal of changes made with regard to absentee ballots. Section 203B.23 of the Minnesota Election Law, requires the City to establish an Absentee Ballot Board by Resolution. The purpose of the Absentee Ballot Board (ABB) is to allow election judges to reject or accept absentee ballots that are received within 45 days of the election. The election law has changed for 2010, and the City is now required to convene an ABB every five days to accept and reject absentee ballots, and at least once every three days during the two (2) weeks before the election. Staff recommends approval of 7618, establishing the Absentee Ballot Board for the 2010 Primary and General Election. Staff has an added a provision to the resolution which authorizes the City Administrator to appoint additional election judges to serve on the ABB should there be a need. Members of the ABB Board would be Clerk-Administrator Ericson, Planning Associate Heller, Mary Springer and Assistant Clerk-Administrator Crane. Mayor Flaherty questioned if the government would be providing the proper programs or templates to track the absentee ballots. Assistant Clerk-Administrator Crane explained Ramsey County was providing direction and templates. Council Member Mueller asked how many absentee ballots were received each year. Assistant • Clerk-Administrator Crane stated the City could have over 800 absentee ballots in a presidential election year. She explained the City had a very high voter rate at almost 80%. Council Member Mueller questioned if residents could serve on the ABB to reduce the workload being placed on staff. Assistant Clerk-Administrator Crane stated the members serving on this committee must be a trained election judge and the Board will be approved each year. Mayor Flaherty suggested staff seek additional volunteers for future years to assist staff with this new program. Clerk-Administrator Ericson stated using staff would save money in the long run due to the frequency the Board would need to meet. Council Member Gunn agreed it would be difficult to call in election judges based on the random schedule when absentee ballots were received. Council Member Stigney asked how ABB members would be paid if volunteers were used. Assistant Clerk-Administrator stated the volunteers were paid $8.00 per hour. She explained the volunteers have not attended the training and do not have a great deal of computer knowledge which would be important in tracking the absentee ballots. MOTION/SECOND: Mueller/Gunn. To Waive the Reading and Adopt Resolution 7618, Establishing the Absentee Ballot Board for the 2010 Primary and General Elections. • Council Member Mueller requested the Council review the staffing for future years so see if Mounds View City Council May 24, 2010 Regular Meeting Page 14 volunteers would be an option. Ayes — 5 Nays — 0 Motion carried. MOTION/SECOND: Mueller/Stigney. To extend the Council meeting to 10:30 p.m. Ayes — 5 Nays — 0 Motion carried. H. Resolution 7622, Authorizing an Agreement with Rick Wriskey for Urban Forestry Services. Public Works Director DeBar explained the City has been without a City Forester since September 30, 2009. At this time, Rick Wriskey retired after 28 years of service through a joint powers agreement with New Brighton. Mr. Wriskey worked 1 lh days on average each week for Mounds View forestry needs with the remainder of his time spent working for New Brighton. The City of New Brighton has reclassiiied the position to a full-time, temporary forestry intern, ofiicially ending the joint powers agreement. • The City Council discussed the status of the City Forester position at their May 3, 2020 work session. The budget does have $16,000 allotted for a City Forester for 2010. Staff recommends that the City Council reconsider authorizing an independent contractor agreement allowing Mr. Wriskey to provide part-time Urban Forestry Services for the City. If adopted, the draft agreement will be finalized after insurance issues are resolved and Mr. Wriskey would begin on • Wednesday, May 26, 2010. Council Member Mueller questioned if Emerald Ash Bore and Anthracnose would be addressed by the City Forester. Public Works Director DeBar stated the City has established an urban forestry informational page on the City's website to provide residents information on these issues. He reported staff is working out the logistics of which issues Mr. Wriskey would be handling through the employment agreement as insurance concerns were still being addressed. Mayor Flaherty questioned why Mr. Wriskey was not being hired on as a part-time City employee. City Attorney Riggs explained this was the original plan as he wanted to work part- time, which would cover Mr. Wriskey under all of the City's insurance policies. However, this was still being discussed to assure the City was protected. Mayor Flaherty asked if Mr. Wriskey was licensed as a contractor. City Attorney Riggs explained he was licensed. He then suggested the Council table this item to allow staff to review the information further. MOTION/SECOND: Gunn/Mueller. To Postpone Resolution 7622, Authorizing an Agreement with Rick Wriskey for Urban Forestry Services to the June 14, 2010 Council Meeting. Council Member Stigney indicated he would like further information on the salaries provided to New Brighton for Mr. Wriskey's services. Clerk-Administrator Ericson reviewed the • information with Council stating he was being paid $45 per hour. • • • Mounds View City Council May 24, 2010 Regular Meeting Page 15 Council Member Mueller asked if this issue was within the City Attorney's retainer. City Attorney Riggs indicated this item was not included but not much time had been invested to date. 8. Ayes — 5 CONSENT AGENDA A. B. C. � E. F. G. H. I. J. Nays — 0 Motion carried. Licenses for Approval. Schedule a Public Hearing for June 14, 2010, at 7:05 p.m., a Resolution to Consider an On Sale Intoxicating Liquor License Renewal for Moe's located at 2400 County Highway 10. Schedule a Public Hearing for June 14, 2010, at 7:10 p.m., a Resolution to Consider an On Sale Intoxicating Liquor License Renewal for Robert's Sports Bar and Entertainment located at 2400 County Road H2. Schedule a Public Hearing for June 14, 2010, at 7:15 p.m., a Resolution to Consider an On Sale Intoxicating Liquor License Renewal for The Mermaid located at 2200 County Highway 10. Schedule a Public Hearing for June 14, 2010, at 7:20 p.m., a Resolution to Consider an Off 5ale Intoxicating Liquor License Renewal for ABC Liquor located at 2840 County Highway 10. Schedule a Public Hearing for June 14, 2010, at 7:25 p.m., a Resolution to Consider an Off Sale Intoxicating Liquor License Renewal for Vino & Stogies located at 2345 County Road H2. Schedule a Public Hearing for June 14, 2010, at 7:30 p.m., a Resolution to Consider an Off Sale Intoxicating Liquor License Renewal for Big Top Liquor located at 2577 County Highway 10. Schedule a Public Hearing for June 14, 2010, at 7:35 p.m., a Resolution to Consider an On Sale Wine and 3.2 Malt Liquor License Renewal for Taiko Sushi Bar located at 2394 County Highway 10. Schedule a Public Hearing for June 14, 2010, at 7:40 p.m., a Resolution to Consider an Off Sale 3.2 Malt Liquor License for SuperAmerica located at 2840 County Road I. Resolution 7619, Approving the Computer Technology Use and Access Policies. MOTION/SECOND: Mueller/Hull. To Approve the Consent Agenda as presented. 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/Hull. To Approve the Just and Correct Claims as presented. Mounds View City Council May 24, 2010 Reguiar Meeting Page 16 10. Ayes — 5 Nays — 0 APPROVAL OF MINUTES A. Apri126, 2010, City Council Meeting Minutes. Motion carried. MOTION/SECOND: Mueller/Gunn. To Approve the April 26, 2010, City Council meeting minutes as submitted. 11. Ayes — 5 Nays — 0 REPORTS A. Reports of Mayor and Council. Motion carried. Council Member Mueller postponed her report to the next meeting in the interest of time. B. Reports of Staff. Clerk-Administrator Ericson stated he met with the Five Cities (Mounds View, Shoreview, Arden Hi11s, New Brighton and Roseville) earlier today. This provides the City an opportunity to find out the happenings in the North Metro on a number of different issues. He was able to meet the new Mayor of New Brighton along with the new City Administrator in Arden Hills. The next meeting was scheduled for July 14, 2010. Clerk-Administrator Ericson explained the City had a cleanup day this past Saturday. The event was very well attended until the storm clouds moved in. Further details would follow as to the weight of items that were turned in. Clerk-Administrator Ericson indicated the new Comprehensive Plan has been printed and distributed to the Council. He thanked all those involved in the approval process. Clerk-Administrator Ericson stated labor negotiations with the LELS were discussed earlier today in a closed session meeting by the Council. He reported on the happenings at that meeting. 1. Update on Robert's Conditional Use Permit Community Development Director Roberts updated the Council on the conditional use pernut for Robert's. The pernut was approved a year ago by Council with several conditions. There have been some ongoing issues with Robert's noting the parking lot still needs repair, the City Attorney's fees need reimbursement, and signage was a concern as three signs were not approved or permitted by the City. He explained compliance was extremely difficult and stated the City could begin ticketing Robert's or review this situation with the liquor license. • • Council Member Gunn stated every business within the community must follow the same rules � and regulations. She directed staff to seek compliance as it has gone on too long. Mounds View City Council May 24, 2010 Regular Meeting Page 17 • Council Member Hull asked if the City could tie the non-compliance issues to the liquor license approval. Community Development Director Roberts stated the outstanding fees could be attached but the signage issues could not. Council Member Mueller felt it was unfortunate this business had outstanding compliance issues. However, the economic environment was dif�cult at this time and the businesses were struggling. She suggested the Council work with Robert's to resolve these issues as has been done in the past with other struggling businesses. A payment plan could be established and she encouraged the business owner to repair the parking lot before further harming his business andior clientele. Council Member Mueller requested staff inform Mr. Halverson of the sign ordinance and bring the establishment into confornuty with the City code. She did not want to threaten the business owner of losing his liquor license if all these issues were not resolved. Council Member Stigney asked what staff's recommendation was at this time. Community Development Director Roberts stated the frustration at this time was the City has had multiple conversations with the owner and he was ignoring the City's letters and conversations to date. He was tired of having the same conversation without any results. Staff recommended pursuing all options to gain compliance, noting that the fees could be certified and added onto the property • taxes. City Attorney Riggs added that the CUP could be revoked as well if the owner was not willing to comply with the City's code. Council Member Gunn indicated the City's expectations were clearly spelled out for Mr. Halverson in the Resolution passed by Council last year. Council Member Hull stated he understood times were tough but it would not cost the property owner anything to remove the unpermitted signs. Mayor Flaherty felt the signs and the lawyer's fees should be handled as they were agreed upon by the property owner. He suggested the Council discuss the CUP with Mr. Halverson and not revoke the liquor license due to non-compliance. Council Member Mueller agreed it would be bene�cial to invite Mr. Halverson to the next meeting to discuss the CUP to resolve the non-compliance issues. Finance Director Beer stated the Select Senior Project would be brought forward to the next Council work session to discuss conduit debt in more detail. A representative from Ehlers will be present. • C. Reports of City Attorney. Mounds View City Council May 24, 2010 Regular Meeting Page 18 City Attorney Riggs had nothing to report. 12. 13. Next Council Work Session: Next Council Meeting: ADJOURNMENT The meeting was adjourned at 10:55 p.m. Transcribed by: Heidi Guenther TimeSaver Off Site Secretarial, Inc. Monday, June 7, 2010, at 7 p.m. Monday, June 14, 2010, at 7 p.m. • � �