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HomeMy WebLinkAboutMinutes - 2010/06/14• PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOT Regular Meeting June 14, 2010 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 7:00 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, June 14, 2010, City Council Agenda. • MOTION/SECOND: Mueller/Hull. To Approve the Monday, June 14, 2010, agenda as presented. Ayes — 5 Nays — 0 Motion carried. 5. PUBLIC INPUT Karey Love, 7900 Sunnyside Road, requested the City Council reconsider allowing residents to have chickens in the City limits. This would allow the residents to grow and eat some of their food locally. Clerk-Administrator Ericson stated the original Ordinance was passed over 10 years ago as the City was becoming a more urban area. The City has not had any requests to date for for the keeping of chickens. Mayor Flaherty suggested this issue be discussed further at a work session meeting. Dave Connelly, 2832 Woodcrest Drive, expressed concern about the upcoming street improvement project. He presented the Council with a suminary of the issues at his property stating he had lived there since 1972. Mr. Connelly questioned if the City would be allowing his double driveway to be grandfathered into the project or if he would need a variance to keep his . existing driveway. An addition was placed on the properly given the shape of the driveway and Mounds View City Council June 14, 2010 Regular Meeting Page 2 he said he was told the driveway was grandfathered at that time. He hoped the Council would • allow them to maintain both driveways. Clerk-Administrator Ericson indicated staff could review the City Code further with regard to the driveway. He stated the property owner might have to pay for the second access. Mayor Flaherty stated the City did have criteria for allowing two curb cuts and stated he was in favor of having staff research the issue further. Dan Mueller, 8343 Groveland Road, asked if unlicensed, uninsured vehicles were a non- compliance issue handled by City staff. He stated this issue has come about in his neighborhood and the site has not been brought into compliance. Mr. Mueller added that he would be in favor of the City allowing chickens as well. Community Development Director Roberts stated the timeline varies, but generally the City responds to complaints and gives a correction order. This would give the property owner 10 days or two weeks to bring the site into compliance. If corrective actions are not taken, a second notice is given. An abatement order would be done if the property owner refuses to clean up their property, at which time, the clean up expense would be placed onto the homeowner's properly ta��es. Peter Bergstrom, 5133 Irondale Road, expressed concern about the infiltration basin proposed for • his yard. He was seeking clarification on where the basin would be placed to allow him to move forward with his landscaping plans. Public Works Director DeBar stated he spoke with Mr. Bergstrom about widening his driveway along with the P.I.P. He has incurred water damage on his property and the water line would be replaced along his roadway. The City was running short on infiltration sites at this time and was in need of volume and area. Mr. Bergstrom stated he felt the basin would create a burden on his property considering his basement has already had water damage. He requested the City seek an alternative site for the basin along his street. Mayor Flaherty indicated the basin could possibly be moved to the side of the property if another site was not found. He questioned if the basin would assist in reducing the water problems for the property. Joe Rhein, consulting engineer with Bonestroo, stated the infiltration basin would be in the public street right-of-way and would not create additional water problems for the property as the proposed basin would be shallow and would direct the water downward . Mr. Bergstrom asked if the City would assume liability for future water damage to his property with the addition of an infiltration basin to this lot. • Mounds View City Council June 14, 2010 Regular Meeting Page 3 • Council Member Mueller thanked staff for the pictures and diagrams that were provided. She suggested the neighbor at 5141 Irondale Road be contacted to take on an infiltration basin. Mr. Bergstrom felt this would make the most sense. Public Works Director DeBar reviewed the Iocations of the catch basins along the roadway noting the basin next to Mr. Bergstrom's property would catch the water from Woodale. Council Member Mueller stated the homeowner clearly has water issues on his property and adding more water to the area is a concern. She felt the site had a hardship and suggested that staff find another location for the for the proposed infiltration basin. Public Works Director DeBar stated the basin could be narrowed to match the size of the basin proposed at 5109 Irondale Road. Mayor Flaherty stated the City would be trying to direct water away from Mr. Bergstrom's property with the catch basin and new infiltration basin. No additional water would be going onto the site. Mr. Bergstrom felt all of the water from the north wouid now be directed towards his property to flow to the infiltration basin. • Mayor Flaherty questioned the Council on how to proceed with this issue. Council Member Stigney stated the Council directed staff to review to the type of mitigation basin and provide this information back to the Council. Council Member Hull indicated he would be in favor of moving the basin further to the south as the site does have water issues. Council Member Gunn noted the catch basin would assist with guiding water to the proper location along with the new curb and gutter. Additional infiltration basins up the street would assist with the water concerns as well. Mr. Bergstrom stated he was not concerned about water from the street coming into his yard causing additional flooding. At present, the rainwater and water draining from neighboring properties was enough to flood his basement. Additional water from the infiltration basin just adds to an already tough situation. Mr. Rhein stated the watershed district has changed the calculations and the City was currently behind on the number of basins at this time and would have to make up a portion in the coming years street improvement projects. . Mr. Bergstrom indicated he wanted to voice his concerns to protect his properiy. He was not looking to stop the project but wanted to have the basin moved to the south. Mounds View City Council June 14, 2010 Regular Meeting Page 4 Council Member Mueller stated Mr. Bergstrom has expressed a hardship on his property and • wanted to see the City consider moving the basin to the south side of his property. She suggested staff bring Mr. Bergstrom to the property low lying property on Red Oak as the infiltration basins has greatly improved the water situation. Mayor Flaherty suggested this issue be further addressed with staff and if an agreement cannot be reached that it be brought back to Council as an agenda item. 6. SPECIAL ORDER OF BUSINESS None. 7. COUNCIL BUSINESS A. 7:05 pm Public Hearing, Resolution 7624, a Resolution to Consider an On Sale Intoxicating Liquor License Renewal for Moe's located at 2400 County Highway 10. Assistant Clerk-Administrator Crane stated that this item is in accordance with Chapter 502 of the Mounds View City Code, a public hearing is required for all liquor license renewals. She explained the City of Mounds View issued an intoxicating liquor license for Moe's in June of 2009, and their renewal is before the Council for consideration. Moe's has submitted their city • liquor license application materials (to include an outdoor liquor endorsement to sell liquor on their outdoor deck), and the applicable fees. The following investigations and inspections have been conducted to determine whether there is cause for the City to deny the application: Assistant Clerk-Administrator Crane advised that the City's Fire Marshal has issued a satisfactory report on Moe's. The Mounds View Police Department has issued a satisfactory report for Moe's. Staff has submitted a background check application on the owner of Moe's to the Minnesota Bureau of Criminal Apprehension (BCA). Staff has not received the background check back from BCA. The liquor license will be contingent on a satisfactory background check. The Finance Department issued a satisfactory report on Moe's for their utility bill. However, Ramsey County Property Records continue to show that Moe's continues to be delinquent in their property taxes for 2007, 2008, 2009 and first half of 2010, totaling $85,901.94. In accordance with §502.04, subd. 2a of the City Code: No intoxicating liquor or wine license shall be granted for operation on any premises on which taxes, assessments, utility bills or other financial claims of the City are delinquent or unpaid. Assistant Clerk-Administrator Crane indicated that Mr. Moritko sent an email to the Clerk- Administrator on Wednesday, June 9, 2010, stating that he made a payment of $50,000 to Ramsey County. Attached is the email from Mr. Moritko for your reference. Attached are all • City Council Minutes regarding to the Moe's property tax issue. Mr. Moritko has indicated to Mounds View City Council June 14, 2Q10 Regular Meeting Page 5 • Staff that he will be presenting another new payment plan to the City Council at this meeting. Assistant Clerk-Administrator Crane recommended the Council open the Public Hearing for public comment. The City Council could either approve their liquor license contingent on a satisfactory background check, and full payment of their property taxes or deny renewal in accordance with Section 502.04(b) of the Mounds View City Code. If the City Council wishes to approve the liquor license, then the license period would be from July l, 2010 to June 30, 2011. Mayor Flaherty opened the public hearing at 8:01 p.m. Hearing no public input, Mayor Flaherty closed the public hearing at 8:01 p.m. Jeff Moritko, the owner of Moe's, indicated the amount outstanding in property taxes does include the first half of 2010, which are not yet outstanding. He explained he had applied for a $90,000 loan and received $60,000 instead. At this time he had 2009 and 2008 property taxes paid in full and has outstanding fees for 2007. Mr. Moritko explained he would continue to pay off the outstanding amounts until he was current. He stated his loan would be modified in 90 days. Council Member Mueller questioned when the property taxes would be paid in full. Mr. Moritko stated the balance of his loan ($30,000) would be available in 90 days to pay off the remainder of • the property t�es. In the meantime, payments would be made on a monthly basis. Mayor Flaherty asked if penalties and fees were considered properry taxes. Clerk-Administrator Ericson stated this was an obligation from the County that needed to be paid. Mr. Moritko said that he understood his account needed to be current. MOTION/SECOND: Mueller/Gunn. To Waive the Reading and Adopt Resolution 7624, approving an On Sale Intoxicating Liquor License for Moe's at 2400 County Highway 10 contingent upon a satisfactory background check and full payment of property ta�ces/fees within the next 120 days. Council Member Stigney questioned if 90 days would be sufficient. Mr. Moritko indicated 90 days would allow him to pay off the first half property taxes but 120 days would allow him to address the second half taxes as well. Council Member Stigney indicated all utility bills and property taxes would be paid in full and current in 120 days. Mayor Flaherty thanked Mr. Moritko for the great strides taken to improve the financial situation at Moe's. He stated the City did not want to put the business into a hardship, but that the City rules and regulations must be followed. • A es — 5 Na s— 0 Motion carried. Y Y Mounds View City Council June 14, 2010 Regular Meeting Page 6 B. 7:10 pm Public Hearing, Resolution 7625, a Resolution to Consider an On • Sale Intogicating Liquor License Renewal for Robert's Sports Bar and Entertainment located at 2400 County Road H2. Assistant Clerk-Administrator Crane stated that this item is in accordance with Chapter 502 of the Mounds View City Code, a public hearing is required for all liquor license renewals. Robert's Sports Bar and Entertainment has not submitted the city liquor license application materials and the applicable fees. Application materials and fees were due to the City on June 4, 2010. Staff has sent numerous certified mailed letters to the business, and the owner has not responded with his intentions on renewing this business license. Assistant Clerk-Administrator Crane recommended the Council open the Public Hearing for public comments and postpone this item to the next City Council meeting on Monday, June 28, 2010. Mayor Flaherty opened the public hearing at 8:20 p.m. Council Member Gunn questioned how the City would respond if no response was received from Robert's. Assistant Clerk-Administrator Crane stated the license would be revoked and a new license approval process would have to be sought. Council Member Mueller asked if the certified letters were confusing in any way and could have led the owner to believe there was a code compliance issue. Clerk-Administrator Ericson stated • he spoke with Mr. Halverson today and he was aware of the requirements. He said he had reminded Mr. Halverson the liquor application was necessary or the license would lapse. A drop dead date was set within the certified letters of June 15�'. Clerk-Administrator Ericson stated staff could stop by the establishment to assure the owner fully understands the timeliness of the approval process. Council Member Mueller questioned if liquor licenses were transferrable, if a business were to sell to a new owner. Assistant Clerk Administrator Crane stated the license was nontransferable; a new owner would be responsible for going through the license process to try to get a liquor license. MOTION/SECOND: Flaherty/Hull. To Continue the Public Hearing on Resolution 7625, and Postpone the On Sale Intoxicating Liquor License Renewal for Robert's Sports Bar and Entertainment at 2400 County Road H2 to the next City Council Meeting on Monday, June 28, 2010. Ayes — 5 Nays — 0 Motion carried. C. 7:15 pm Public Hearing, Resolution 7626, a Resolution to Consider an On Sale Intoxicating Liquor License Renewal for The Mermaid located at 2200 County Highway 10. • . • � Mounds View City Council June 14, 2010 Regular Meeting Page 7 Assistant Clerk-Administrator Crane stated that this item is in accordance with Chapter 502 of the Mounds View City Code, a public hearing is required for all liquor license renewals. The Mermaid has not submitted the city liquor license application materials and the applicable fees. Application materials and fees were due to the City on June 4, 2010. Staff has sent numerous certified mailed letters to the business, and the owner has not responded with his intentions on renewing this business license. Assistant Clerk-Administrator Crane recommended the Council open the Public Hearing for public comment, and postpone this item to the next City Council Meeting on Monday, June 28, 2010. Mayor Flaherty opened the public hearing at 8:27 p.m. Council Member Mueller questioned if staff had spoken with the Hall family. Cierk- Administrator Ericson indicated he had not spoken with them but would contact them tomorrow morning. MOTION/SECOND: Flaherty/Stigney. To Continue the Public Hearing for Resolution 7626, and Postpone the On Sa1e Intoxicating Liquor License Renewal for The Mermaid located at 2200 County Highway 10 to the next City Council Meeting on Monday, June 28, 2010. Ayes — 5 Nays — 0 Motion carried. D. 7:20 pm Public Hearing, Resolution 7627, a Resolution to Consider an Off Sale Intoxicating Liquor License Renewal for ABC Liquor located at 2840 County Highway 10. Assistant Clerk-Administrator Crane stated that this item is in accordance with Chapter 502 of the Mounds View City Code, a public hearing is required for all liquor license renewals. The City of Mounds View issued an intoxicating Iiquor license for ABC Liquor in June of 2009, and their renewal is before the Council for consideration. ABC Liquor's Intoxicating Liquor License will expire June 30, 2010. ABC Liquor has submitted their city liquor license application materials and the applicable fees. The Mounds View Police Department has issued a satisfactory report for ABC Liquor. Staff has received a satisfactory background check on the owner of ABC Liquor from the Minnesota Bureau of Criminal Apprehension (BCA). The Finance Department has issued a satisfactory report for ABC Liquor. The City's Fire Marshal has issued a satisfactory report for ABC Liquor. Assistant Clerk-Administrator Crane recommended the City Council open the Public Hearing for public input, and approve the license. If this renewal is approved, the time period of this license will be July 1, 2010 to June 30, 2011. Mayor Flaherty opened the public hearing at 8:30 p.m. Hearing no public input, Mayor Flaherty closed the public hearing at 8:30 p.m. MOTION/SECOND: Gunn/Mueller. To Waive the Reading and Adopt Resolution 7627, Mounds View City Council June 14, 2010 Regular Meeting Page 8 approving an intoxicating Off Sale Liquor License for ABC Liquor located at 2840 County Highway 10. Ayes — 5 Nays — 0 Motion carried. E. 7:25 pm Public Hearing, Resolution 7628, a Resolution to Consider an Off Sale Intogicating Liquor License Renewal for Vino & Stogies located at 2345 County Road H2. Assistant Clerk-Administrator Crane stated that this item is in accordance with Chapter 502 of the Mounds View City Code, a public hearing is required for all liquor license renewals. The City of Mounds View issued an intoxicating liquor license for Vino & Stogies in June of 2009, and their renewal is before the Council for consideration. Vino & Stogies's Intoxicating Liquor License will expire June 30, 2010. Vino & Stogies has submitted their city liquor license application materials and the applicable fees. The Mounds View Police Department has issued a satisfactory report for Vino & Stogies. 5taff has received a satisfactory background check on the owner of Vino & Stogies from the Minnesota Bureau of Criminal Apprehension (BCA). The Finance Department has issued a satisfactory report for Vino & Stogies. The City's Fire Marshal has issued a satisfactory report for Vino & Stogies. Assistant Clerk-Administrator Crane recommended the City Council open the Public Hearing for public input, and approve the license. If this renewal is approved, the time period of this license will be July 1, 2010 to June 30, 2011. Mayor Flaherty opened the public hearing at 8:32 p.m. Hearing no public input, Mayor Flaherty closed the public hearing at 8:32 p.m. MOTION/SECOND: Stigney/Mueller. To Waive the Reading and Adopt Resolution 7628, approving an Off Sale Intoxicating Liquor License for Vino & Stogies located at 2345 County Road H2. F. Ayes — 5 Nays — 0 Motion carried. 7:30 pm Public Hearing, Resolution 7629, a Resolution to Consider an Off Sale Intoxicating Liquor License Renewal for Big Top Liquor located at 2577 County Highway 10. Assistant Clerk-Administrator Crane stated that this item is in accordance with Chapter 502 of the Mounds View City Code, a public hearing is required for all liquor license renewals. The City of Mounds View issued an intoxicating liquor license for Big Top Liquor in June of 2009, and their renewal is before the Council for consideration. Big Top Liquor's Intoxicating Liquor License will expire June 30, 2010. Big Top Liquor has submitted their city liquor license application materials and the applicable fees. The Mounds View Police Department has issued a satisfactory report for Big Top Liquor. Staff has received a satisfactory background check on the • • • Mounds View City Council June 14, 2010 Regular Meeting Page 9 • owner of Big Top Liquor from the Minnesota Bureau of Criminal Apprehension (BCA). The Finance Department has issued a satisfactory report for Big Top Liquor. The City's Fire Marshal has issued a satisfactory report for Big Top Liquor. Assistant Clerk-Administrator Crane recommended the City Council open the Public Hearing for public input, and approve the license. If this renewal is approved, the time period of this license will be July 1, 2010 to June 30, 2011. Mayor Flaherty opened the public hearing at 8:34 p.m. Hearing no public input, Mayor Flaherty closed the public hearing at 8:34 p.m. MOTION/SECOND: Mueller/Hull. To Waive the Reading and Adopt Resoiution 7629, approving an Off Sale Intoxicating Liquor License for Big Top Liquor located at 2577 County Highway 10. Ayes — 5 Nays — 0 Motion carried. G. 7:35 pm Public Hearing, Resolution 7630, 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. • Assistant Clerk-Administrator Crane stated that this item is in accordance with Chapter 502 of the Mounds View City Code, a public hearing is required for all liquor license renewals. The City of Mounds View issued an intoxicating liquor license for Taiko Sushi Bar in June of 2009, and their renewal is before the Council for consideration. Taiko Sushi Bar's Intoxicating Liquor License will expire June 30, 2010. Taiko Sushi Bar has submitted their city liquor license application materials and the applicable fees. The Mounds View Police Department has issued a satisfactory report for Taiko Sushi Bar. Staff has received a satisfactory background check on the owner of Taiko Sushi Bar from the Minnesota Bureau of Criminal Apprehension (BCA). The Finance Department shows Taiko Sushi Bar has $259.69 outstanding on a utility bill and staff is confident this will be paid in full. The City's Fire Marshal had several areas of concern that needed to be addressed by the owner. Taiko Sushi Bar was re-inspected last Friday by the Fire Marshall and has now passed inspection. Assistant Clerk-Administrator Crane recommended the City Council open the Public Hearing for public input, and approve the license. If this renewal is approved, the time period of this license will be July 1, 2010 to June 30, 2011. Mayor Flaherly opened the public hearing at 8:36 p.m. Hearing no public input, Mayor Flaherty closed the public hearing at 8:36 p.m. • MOTION/SECOND: Mueller/Gunn. To Waive the Reading and Adopt Resolution 7630, approving an On Sale Wine and 3.2 Malt Liquor License for Taiko Sushi Bar located at 2394 Mounds View City Council June 14, 2010 Regular Meeting Page 10 County Highway 10. Ayes — 5 Nays — 0 Motion carried. H. 7:40 pm Public Hearing, Resolution 7631, a Resolution to Consider an Off Sale 3.2 Malt Liquor License for SuperAmerica located at 2640 County Road I. Assistant Clerk-Administrator Crane stated that this item is in accordance with Chapter 503 of the Mounds View City Code, a public hearing is required for all liquor license renewals. The City issued an Off-Sale 3.2 Malt Liquor License for SuperAmerica in June of 2009. SuperAmerica's license will expire on June 30, 2010. SuperAmerica has submitted the city liquor license application materials and the applicable fees. The Mounds View Police Department has issued a satisfactory report for SuperAmerica. Staff has received a satisfactory background check on the owner of SuperAmerica from the Minnesota Bureau of Criminal Apprehension (BCA). The Finance Department has issued a satisfactory report for SuperAmerica. The City's Fire Marshal has issued a satisfactory report for SuperAmerica. Assistant Clerk-Administrator Crane recommended the City Council open the Public Hearing for Public Comment, and approval of the license. The time period for this license will be July 1, 2010 to June 30, 2011. Mayor Flaherty opened the public hearing at 8:38 p.m. Kevin Kennedy, district manager with SuperAmerica, stated he was present if the Council had any questions or comments. Council Member Mueller asked if SuperAmerica had a reward program for employees to assist in passing the compliance checks. Mr. Kennedy stated SuperAmerica offered comprehensive computer training programs to all employees before they were allowed to operate a register. Additional training is offered on a yearly basis and any failure within a store requires that all employees at that location be retrained. Hearing no public input, Mayor Flaherty closed the public hearing at 8:40 p.m. MOTION/SECOND: Mueller/Stigney. To Waive the Reading and Adopt Resolution 7631, Approving an Off-Sale 3.2 Malt Liquor License for SuperAmerica located at 2640 County Road I. Ayes — 5 Nays — 0 Motion carried. � C� I. Second Reading and Adoption of Ordinance 845, a Zoning Code Amendment to Chapter 1112, B-1 Neighborhood Business District, adding Thrift Store and other additional permitted uses. • Mounds View City Council June 14, 2010 Regular Meeting Page 11 • Community Development Director Roberts stated this was the second reading on a zoning code text amendment to add "thrift store" as a permitted use in the B-1, Neighborhood Business district. Dawn Huffman wanted the City to make this change so she may open a thrift store in the vacant space at 2408 County Road I. City staff felt that more permitted uses could also be added to the B-1 zoning district. According to the Zoning Code, the purpose of the B-1 district is as follows: The purpose of the B-1, Neighborhood Business District, is to provide for the establishment of local centers for convenient, limited office, retail or service outlets which deal directly with the customer for whom the goods or services are furnished. These centers are to provide services and goods for the surrounding neighborhoods and are not intended to draw customers from the entire community. Community Development Director Roberts indicated the Planning Commission recommended the text amendment, as does staff. MOTION/SECOND: Mueller/Hull. To Waive the Second 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 and consent to the publication of a summary for the ordinance as authorized by City Charter section 3.07. Council Member Stigney felt thrift stores were more suited for the B-3 district and not the B-1, • and he would therefore not support this motion. ROLL CALL: Hull/Stigney/Mueller/Guiu�/Flaherty. Ayes — 4 Nays —1 (Stigney) Motion carried. J. Resoiution 7623, Reapproving the Final Plat & Development Agreement for the Select Senior Living project at County Highway 10 & Groveland Road Community Development Director Roberts stated that on October 27, 2008, the City Council passed Resolution 7347, which approved the final plat and development agreement for the Select Senior Living development. This was the last of the Council actions required in order for the project to move forward. Per city code, an applicant has 120 days to record the plat with Ramsey County, and if the recording does not happen within this timeframe, the plat approval is void. The code also states that the plat can be reapproved and the applicant given up to another 120 days. Due to the shakeup within the banking industry, Select Senior Living was not able to start the project within the allowed 120 days and their final plat and development agreement approval became void. Community Development Director Roberts noted that on July 13, 2009, October 26, 2009 and February 22, 2010, the City Council re-approved the final plat and development agreement for this project for an additional 120 days. The applicant anticipates securing financing and will then • move forward with this project. Select Senior Living is again asking for a 120 day re-approval of the final plat and development agreement which would expire on October 20, 2010. Mounds View City Council June 14, 2010 Regular Meeting Page 12 Community Development Director Roberts advised that Select Senior Living, represented by Joel Larson, has submitted a letter requesting the final plat and development agreement be re- approved for a fourth time. They still plan to construct this project but unfortunately continue running into problems beyond their control. Staff requests that the City Council pass Resolution 7623, reapproving the Select Senior Living final plat and development agreement. MOTION/SECOND: Mueller/Stigney. To Waive the Reading and Adopt Resolution 7623, reapproving the Select Senior Living Final Plat and Development Agreement. Council Member Mueller commended staff and Council for working with the applicant to complete this building project as this was a much needed entity for the City of Mounds View. Ayes — 5 Nays — 0 Motion carried. K. Resolution 7632, Approving a Step Increase for Community Development Director Ken Roberts and a Longevity Increase for Policy Officer Ben Knitter, MVPD Assistant Clerk-Administrator Crane stated that Community Development Director Ken Roberts is a current employee with the City of Mounds View. His supervisor, James Ericson, has reviewed his performance as it relates to his responsibilities outlined in the job description. It was determined that Community Development Director Roberts has satisfactory performed in the capacity of his position, and therefore, a step increase wage adjustment is consistent with the Mounds View Personnel Manual. She advised that Officer Ben Knitter (School Resource Officer) is a current employee with the Mounds View Police Department. His supervisor, Interim Police Chief Tom Kinney, has reviewed his performance as it relates to his responsibilities outlined in the job description. Officer Knitter has satisfactorily performed in the capacity of his position, and therefore, a longevity wage adjustment is consistent with the LELS Police Officers Union Contract. Assistant Clerk-Administrator Crane recommended approval of Resolution 7632, approving Community Development Director Robert's step wage increase effective on June 16, 2010 and Officer Knitter's longevity wage increase effective June 27, 2010. MOTION/SECOND: Gunn/Stigney. To Waive the Reading and Adopt Resolution 7632, approving Community Development Director Robert's step wage increase and Officer Knitter's longevity wage increase. Ayes — 5 Nays — 0 Motion carried. L. Resolution 7622, Approving an Agreement with Rick Wriskey for Urban Forestry Services CJ • Public Works Director DeBar explained this item was a continuation from the May 24, 2010 City • Mounds View City Council June 14, 2010 Regular Meeting Page 13 • Council meeting when it was postponed to allow staff additional time to investigate the type of employment most suitable for Mr. Wriskey. He reviewed Mr. Wriskey's involvement with the City would be limited to eight hours per week, however, more time will be used during peak season and less during other months. An estimated $14,000 would be needed to cover Mr. Wriskey's wages and the 2010 budget does have $16,000 earmarked for Forestry. Public Works Director DeBar advised that Mr. Wriskey has obtained liability insurance to provide the forestry services and will be using his own vehicle and equipment to perform the services for the City. After completing a PERA worksheet, it recommended that Mr. Wriskey be an independent contractor for the City and not as a part-time employee. Staff recommends that the City Council consider adopting Resolution 7622 authorizing an independent contractor agreement allowing Mr. Wriskey to provide Urban Forestry Services to the City of Mounds View. Council Member Mueller asked if the language in the agreement regarding vehicle usage should be removed. Public Works Director DeBar stated this language would be removed as Mr. Wriskey would be using his own vehicle and equipment. Mr. Wriskey has requested a magnetic City of Mounds View sign for his vehicle. Council Member Mueller questioned if the contract was renewable on a yearly basis. Public Works Director DeBar stated the contract had a seven day written notice clause and would • otherwise be on-going. Council Member Stigney suggested Mr. Wriskey train an intern based on Mr. Wriskey's knowledge of the City. Mayor Flaherty agreed with this suggestion. Council Member Gunn expressed concern about training an intern as there was no guarantee the intern would stay with the City. Clerk-Administrator Ericson stated he would look into the suggestion and would report back to the CounciL MOTION/SECOND: Mueller/Hull. To Waive the Reading and Adopt Resolution 7622, Authorizing an Independent Contractor Agreement allowing Rick Wriskey to provide Urban Forestry Services for the City of Mounds View at a rate not to exceed $50.00 per hour plus mileage. Council Member Stigney proposed an amendment to the Resolution requesting the language read that the Council was entering into an Independent Contractor Agreement. AMENDMENT MOTION/SECOND: Mueller/Hull. To revise Resolution 7622 language to indicate that the Council was entering into an Independent Contractor Agreement. • Ayes — 5 Nays — 0 Amendment to motion carried. Mounds View City Council June 14, 2010 Regular Meeting Page 14 Ayes — 5 8. CONSENT AGENDA A. B. C. Nays — 0 Motion carried as amended. Licenses for Approval. Set up a Public Hearing for Monday, June 28, 2010, at 7:05 p.m., to Consider a Temporary 3.2 On-Sale Liquor License for the AnokaJBlaine Jaycees to Serve Liquor during the Mounds View Festival in the Park on Saturday, August 21, 2010. Set a Public Hearing for Monday, June 28, 2010, at 7:10 p.m., to Consider a revision or a revocation of the Conditional Use Permit for an Outside Sales Operation for Robert's Sports Bar at 2400 County Road H2. MOTION/SECOND: Gunn/Mueller. To Approve the Consent Agenda as presented. 9. Ayes — 5 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. 10. Ayes-5 Nays-0 APPROVAL OF MINUTES A. May 10, 2010, City Council Meeting Minutes. Motion carried. MOTION/SECOND: Mueller/Stigney. To Approve the May 10, 2010, City Council meeting minutes as presented. Ayes — 5 Nays — 0 Motion carried. B. May 24, 2010, Executive Session Minutes. MOTION/SECOND: Flaherty/Mueller. To Approve the May 24, 2010, City Council Executive Session meeting minutes as presented. Ayes — 5 Nays — 0 Motion carried. 11. REPORTS A. Reports of Mayor and Council. • • s Mounds View City Council June 14, 2010 Regular Meeting Page 15 • Mayor Flaherty reported the City received a plaque from the Irondale High School thanking the City for participating in the Strive Program. Council Member Gunn further explained how the Strive Program worked to increase the confidence of high school students. Mayor Flaherty shared a letter from Northwest Youth and Family Services. Council Member Mueller announced she would be attending the League of Minnesota Cities Seminar in St. Cloud, June 24-26, 2010, along with Council Member Gunn. Council Member Mueller indicated the Festival in the Park was scheduled for August 21, 2010. She suggested anyone wishing to volunteer to contact the City for further information. Council Member Gunn stated National Night Out will be August 3, 2010. She encouraged apartment complexes to take part in the event. Council Member Hull noted some mail was stolen along Erickson Drive last month. Included in mail were utility/water bills for the residents that were now being charged a$5 late fee. He questioned if the $5 fee could be waived. Finance Director Beer questioned if a police report was filed. Council Member Hull noted a report was filed as several residents were affected. • Mayor Flaherty suggested the residents speak with Finance Director Beer to request that the fees be waived. B. Reports of Staff. 1. Community Development Quarterly Report Community Development Director Roberts reviewed the quarterly report in detail with the Council. He reported spending was below the 25% threshold at about 19%. In addition, revenues were down slightly but building permits this spring were increasing over last year. Community Development Director Roberts thanked his department and support staff stating they have been great to work with over the past two years. Mayor Flaherty thanked Director Roberts for the great report. 2. Other Reports Council Member Mueller questioned if any progress had been made at 2756 Sherwood Road. Public Works Director DeBar stated the contractor was using a sub-contractor to complete the modifications. He was working with Bonestroo to get the work completed properly and to receive a proper timeline. At this time $182,000 was being withheld from the contractor in an • escrow account and if the work was not completed properly the City have it done using these funds. The homeowner has been informed of the progress. Mounds View City Council June 14, 2010 Regular Meeting Page 16 Clerk-Administrator Ericson reported the renaming of County Highway 10 was being addressed • and staff questioned if TIF could be used for the financing of this expense. He reviewed this issue with the City Attorney and it was found that TIF could be used for these expenditures, new signage, etc. A joint meeting with Spring Lake Park would be the next step if Council felt this was a timely issue. He asked how the Council would like to proceed. Council Member Stigney requested the County remove the Highway 10 signs at Long Lake Road. He noted he would be willing to review the new signage at a future meeting. Council Member Hull questioned how a sign would be paid for outside of the City, as he was in favor of the signs being uniform. Clerk-Administrator Ericson stated this might have to come from the general fund. Council Member Mueller asked if staff had an estimate for the sign replacement expenses. Clerk-Administrator Ericson indicated a rough estimate of $25,000 for the signs. Council Member Mueller was not in favor of moving forward with this issue due to the expense. Council Member Gunn stated she was in favor of the name change as there was growing confusion between Highway 10 and County Highway 10. However, the cost could be prohibitive at this time. • Mayor Flaherty agreed the change had to be done at some time, but now may not be the time. Clerk-Administrator Ericson questioned if the Council was in favor of purchasing a parcel of land adjacent to property owned by the City. He explained he wanted to make the Council aware the property was available, but understood now may not be the time. Council Member Mueller stated the property has been available for over 90 days and the price has been reduced. Council Member Hull asked what interest the City had in this parcel. Clerk-Administrator Ericson stated the parcel was three-fourths of an acre and a potential redeveloped subdivision could be placed in this area and would increase the t� base for the City. Mayor Flaherty indicated he was not in favor of the purchase at this time. Clerk-Administrator Ericson stated he attended the Police Civil Service Commission meeting last week. The opening for the Police Chief was discussed and interviews were conducted. At this time, two names were certified on an eligibility list. The direction at this time would be for the Council to meet with the top candidate individually. At the June 28th meeting, staff would then request a motion from Council to complete the necessary background investigation, psychological examination, etc. • • Mounds View City Council June 14, 2010 Regular Meeting Page 1? Clerk-Administrator Ericson noted the Planning Commission would meet next Wednesday to review a variance request from the Harstads for Long View Estates, the property just south of County Road H2. The applicant is seeking a variance to allow for 10 lots, not 8 lots, which is required by code. If the Planning Commission approves the request a plat application would then be submitted. Clerk-Administrator Ericson reported the City of Mounds View now has a Facebook page. The site would provide another avenue to forward information to residents or community business owners. Clerk-Administrator Ericson indicated that he and Finance Director Beer would be attending the League of Minnesota Conference and he looked forward to the information gained to assist the City with the coming budget cycle. Community Development Director Roberts noted Wednesday, June 16, 2010, was the staff appreciation luncheon. None. • 12. 13. • C. Reports of City Attorney. Next Council Work Session: Next Council Meeting: ADJOURNMENT The meeting was adjourned at 9:49 p.m. Transcribed by: Carla Wirth TimeSaver Off Site Secretarial, Inc. Tuesday, July 6, 2010, at 7:00 p.m. Monday, June 28, 2010, at 7:00 p.m.