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HomeMy WebLinkAboutAgenda Packets - 2011/07/11 CITY OF MOUNDS VIEW CITY COUNCIL MEETING AGENDA MOUNDS VIEW CITY HALL Monday, July 11, 2011 7:00 p.m. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Flaherty, Stigney, Hull, Mueller, Gunn 4. APPROVAL OF AGENDA 5. PUBLIC INPUT: Citizens may speak to issues not on tonight’s agenda. Before speaking, please give your full name and address for the minutes. Also, please limit your comments to three minutes. 6. SPECIAL ORDER OF BUSINESS 7. COUNCIL BUSINESS A. 7:05pm Public Hearing, Resolution 7808, Approving a Conditional Use Permit Amendment for Bauer Welding, 2159 Mustang Drive B. Resolution 7807, Approving the 2011 Mounds View Festival in the Park Contract C. Resolution 7809, Approving a Revised Position Description and Authorizing the Advertisement for Rehiring a Public Works Maintenance Worker in the Sanitary Sewer Division D. Resolution 7810, Approving Trade-In Program for the Skid Steers E. Resolution 7811, Approving the Purchase of a Dump Truck 8. CONSENT AGENDA 9. JUST AND CORRECT CLAIMS 10. APPROVAL OF MINUTES A. May 23, 2011, City Council Minutes B. June 13, 2011, City Council Minutes 11. REPORTS A. Reports of Mayor and Council B. Reports of Staff C. Reports of City Attorney 12. Next Council Work Session: Monday, August 1, 2011, at 7pm Next Council Meeting: Monday, July 25, 2011, at 7pm 13. ADJOURNMENT Item No: 7A Meeting Date: July 11, 2011 Type of Business: Public Hearing City of Mounds View Staff Report To: Honorable Mayor & City Council From: Heidi Heller, Planning Associate Item Title/Subject: Consideration of a Conditional Use Permit Amendment for Bauer Welding, 2159 Mustang Drive; Planning Case CM2011-001 Introduction: The applicant, Doug Bauer, owner of Bauer Welding & Metal Fabricators, is requesting approval of an amendment to an existing conditional use permit. In August 2004, a conditional use permit to allow outdoor storage was approved for this property. The applicant constructed a 50’ x 80’ paved area on the north side of the building to store pallets, empty reusable containers and finished products for shipping. One of the conditions of the CUP approval was that the gravel driveway leading from the parking lot to the storage area be improved with a hard surface within three years. Mr. Bauer is requesting that this condition be removed from his CUP. Discussion: Bauer Welding was started in 1946 and has been in Mounds View at the current location since 1977. The property is zoned I-1, Industrial and is located on Mustang Drive in the city’s industrial park, although this business is adjacent to the Skyline Motel property on the east side and the Towns Edge Manufactured Home Park on the north side. The applicant applied for the outdoor storage area in 2004 because the business was doing well and running out of space to store the pallets and containers inside. When stored inside of a building, the pallets and containers must be stacked low and spread out to avoid creating a fire hazard. This requires a large amount of space for storage and Bauer Welding and Fabrication needed that space for production area. At the time of the CUP application, Mr. Bauer anticipated that the proposed storage area would be used temporarily until a permanent addition to the building could be constructed, which he estimated would be within two or three years. By 2007, the economy was quickly declining and so were sales for Bauer Welding. City staff administratively approved two-year extensions for the driveway improvement requirement in 2007 and 2009. After the second extension, City Staff informed Mr. Bauer that he would need to apply for an amendment to his CUP if he still did not want to improve the driveway. Mr. Bauer still anticipates that he will expand the building in the future, and prefers not to spend money on paving when the driveway would be removed with the building addition. The outdoor storage area is located 40 feet from the east (side) lot line and about 300 feet from the north (rear) property line. Section 1104.01 requires a twenty (20) foot side setback and a forty (40) foot rear setback, which the proposed storage area satisfies. The driveway is accessed from the north end of the parking lot on the west side of the building, and is not visible from the street. Bauer Welding CUP Amendment Report July 11, 2011 Page 2 CUP Considerations: Relationship with the Comprehensive Plan. The Comprehensive Plan encourages the expansion and City support of existing businesses within Mounds View. 2159 Mustang Drive is designated as light industrial and the proposed storage area is not inconsistent with the Comp Plan. The Geographical Area Involved. The applicant’s business is located on Mustang Drive. The proposed storage space is not out of place for this industrial area and is not visible to any other properties. Depreciation. The driveway has remained unpaved for seven years and does not appear to have caused depreciation of the subject property or the surrounding properties. All of the industrial businesses within this area have things outside, and most are trucking companies with many trucks and trailers parked outside. The Character of the Surrounding Area. This part of the City is mostly an Industrial area. There is a manufactured home community to the north of the property, however, a natural vegetative buffer separates the properties. In addition, roughly 300 feet separate the driveway and storage area from the manufactured home community. The Skyline Motel is adjacent to this property on the east side. The businesses to the west and south are trucking companies. The Demonstrated Need for Such a Use. The applicant has indicated that he needs the additional outdoor storage area, but does not feel that paving the driveway is necessary since it is not visible from the street and will be removed when the building is expanded. Planning Commission Action: On July 6, 2011, the Planning Commission voted 7-0 to recommend approval of this conditional use permit amendment. Recommendations: Hold the public hearing and take testimony from staff and the applicant. Based on the above analysis, amending the conditional use permit to remove the condition requiring the driveway to have a hard surface should have no adverse impacts. Staff supports this conditional use permit amendment. The Council can take one of the following actions related to the request: Bauer Welding CUP Amendment Report July 11, 2011 Page 3 1. Approve the conditional use permit amendment. Resolution 7808 is attached if the Council chooses this action. 2. Deny the conditional use permit amendment. If the City Council selects this option, Staff would need to be directed to draft a resolution of denial with findings of fact appropriate to support the denial. 3. Table the request. If additional information is needed before a decision can be rendered or if more discussion is needed, the Council can simply move to table the request until such information has been provided. Because of 60-day requirements, the Council would need to act upon the request as soon as reasonably possible to avoid an inadvertent approval. Respectfully submitted, Heidi Heller Planning Associate Attachments: 1. Zoning Map 2. Aerial View 3. Statement from Applicant 4. Photos 5. CUP Resolution 6319 – August 2004 6. Resolution 7808 Zoning Map Bauer Welding Properties not bearing a designation are zoned R-1, Single Family Residential Aerial View Driveway & Storage Area Towns Edge Mobile Home Park Driveway & Storage Area Skyline Motel Midwest Motor Express - trucking Bauer Welding BioClean - Mobile Truck Wash Vitran - trucking Midway Industrial Supply Co. Statement from Applicant 2004 CUP Resolution RESOLUTION NO. 6319 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A 4,000 SQUARE FOOT PAVED OUTDOOR STORAGE AREA AT 2159 MUSTANG DRIVE; PLANNING CASE NO. CU2004-003 WHEREAS, Douglas Bauer has applied for a conditional use permit to allow for outdoor storage; and, WHEREAS, the subject property, located at 2159 Mustang Drive, is zoned I-1, Industrial, and is legally described as follows: Lot 4, Block 1 Mounds View Industrial Park Ramsey County, Minnesota WHEREAS, the Mounds View Zoning Code conditionally allows open and outdoor storage as an accessory use in Industrial districts; and, WHEREAS, the proposed storage area is to be located outside, thus necessitating application of a conditional use permit; and, WHEREAS, the Mounds View City Council has reviewed the following documents regarding this proposal: a. Planning Application b. Zoning Map c. Location Map d. Photographic Documentation e. Proposed Site Plan f. Staff Report g. Planning Commission Resolution 767-04 WHEREAS, the Mounds View City Council held a duly noticed public hearing regarding the conditional use permit request on Monday, August 9, 2004; and, WHEREAS, the Mounds View Zoning Code requires that the City Council consider the advice and recommendation of the Planning Commission and shall consider the relationship between the proposed conditional use and the Comprehensive plan and consider the impacts of the use supported by findings of relevant fact. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council makes the following findings of fact related to the conditional use permit request: 1. The request is consistent with the Mounds View Comprehensive Plan in that the Comprehensive Plan encourages the expansion of existing businesses within Mounds View. Resolution 6319 Page 2 2. The proposed storage area would not be out of place given the character and geography of the surrounding area involved and the size of the subject property which is able to accommodate the storage area. 3. The proposed storage area would not depreciate the surrounding area, would not cause an undue burden on city facilities or utilities and would not cause congestion or pose a traffic hazard. 4. The applicant has sufficiently demonstrated that a need exists for the proposed storage area. 5. The Mounds View Planning Commission held a public hearing and adopted a resolution in support of the conditional use permit request on July 21, 2004. NOW, THEREFORE, BE IT FINALLY RESOLVED that the Mounds View City Council approves the conditional use permit for a 4,000 square foot paved outdoor storage area at 2159 Mustang Drive, with conditions as follows: 1. The proposed gravel driveway shall only be permitted for three years, at which time it must be constructed as a permanent improved driveway. 2. The outdoor storage shall be limited to shipping materials and shall not be used for the storage of hazardous materials. Should the use change for which the permit was granted; the conditional use permit shall be considered null and void. 3. The storage area shall be constructed as shown on the site plan date-stamped June 22, 2004. Adopted this 9th day of August, 2004. _____________________________________ Jerry Linke, Mayor ATTEST: ____________________________________ Kurt Ulrich, City Clerk / Administrator (SEAL) RESOLUTION NO. 7808 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A CONDITIONAL USE PERMIT AMENDMENT TO REMOVE THE REQUIREMENT OF INSTALLING A PERMANENT IMPROVED SURFACE ON THE OUTDOOR STORAGE AREA DRIVEWAY AT BAUER WELDING, 2159 MUSTANG DRIVE; PLANNING CASE CM2011-001 WHEREAS, the Mounds View City Council approved Resolution 6319 for a conditional use permit for an outdoor storage area at Bauer Welding on August 9, 2004; and, WHEREAS, Bauer Welding & Metal Fabricators, located at 2159 Mustang Drive is zoned I-1, Industrial; and, WHEREAS, the Mounds View Zoning Code conditionally allows outdoor storage areas in I-1 zoning districts; and, WHEREAS, the applicant has requested that the condition of requiring the storage area driveway be improved with a hard surface be removed; and, WHEREAS, the Planning Commission and City Council have reviewed this request and has examined the potential adverse effects that could result from such an amendment. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council makes the following finding of fact related to this request: 1. The lot in question, 2159 Mustang Drive, is zoned I-1, Industrial. 2. The Future Land Use Map from the City’s Comprehensive Plan designates this area as Light Industrial. 3. Bauer Welding is within the City’s industrial park and as such, outdoor storage is not out of character for the surrounding area and the storage area driveway is not visible from the street or adjacent manufactured home park. 4. The applicant has sufficiently demonstrated that the gravel driveway is not causing problems with surrounding properties, as it has been in existence for over six years and the City has not received any complaints. Resolution 7808 Page 2 5. The approval of this conditional use permit amendment would not change the nature of the business operating on this site, and should have no affects on the surrounding area. 6. There does not appear to be any adverse effects associated with this proposed conditional use permit amendment for Bauer Welding. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council approves the conditional use permit amendment for Bauer Welding to remove the condition stating “the gravel driveway shall only be permitted for three years, at which time it must be constructed as a permanent improved driveway.” Adopted this 11th day of July, 2011. _____________________________________ Joe Flaherty, Mayor ATTEST: _____________________________________ James Ericson, City Administrator (SEAL) FESTIVAL IN THE PARK AGREEMENT THIS AGREEMENT is entered into this ____th day of July, 2011, by and between the City of Mounds View, a municipal corporation under the laws of Minnesota (the “City”) and Festival in the Park of Mounds View, a Minnesota non-profit corporation (the “Corporation”). WHEREAS, the City is owner of City Hall, City Hall Park, and Community Center (collectively the “Park”) located within the City; and WHEREAS, the Corporation desires to sponsor and coordinate an annual community event entitled, “Festival in the Park of Mounds View” (the “Festival”), to be held on August 20, 2011; and WHEREAS, pursuant to Minnesota Statutes, and other law, the City has the authority to operate a program of public recreation and enter into agreements with the Corporation pertaining to the conduct thereof; and WHEREAS, the City desires that the Corporation sponsor and coordinate the Festival; and WHEREAS, the City is willing to support the Festival, as set forth in this Agreement; and WHEREAS, the Corporation is willing to undertake the Festival sponsorship and support of the City in accordance with the terms and conditions of this Agreement. NOW THEREFORE, the parties agree as follows: 1. Scope of Festival. The Corporation will sponsor and coordinate all aspects of the Festival. 2. Time and Performance. This Agreement will begin as of August 19, 2011, and will terminate as of August 21, 2011 (the “Termination Date”). 3. City Contribution. The City will provide the assistance of City staff to assist the Corporation as set forth on Exhibit A, which is incorporated herein by reference. Then up to $4,500.00 City contribution shall be reduced by the amount of the personnel costs paid by the City for the Festival as set forth in Exhibit A. The city will provide the assistance of City equipment to assist the Corporation as set forth on Exhibit B, which is incorporated herein by reference. The city will allow use of the Park upon the Corporation requesting and obtaining the appropriate permits from the City for the Park. The City agrees to waive the permit fee for the Park. The City will pay up to the above-referenced amount, minus the appropriate reductions, to the Corporation after the City’s payroll period following the Festival. If the Agreement should be terminated for any reason prior to the Termination Date, the Corporation will be compensated on a pro rata basis for the period of time that this Agreement was in effect. The Corporation shall pay any and all taxes due to federal, state, and local governments, and the City shall not withhold any amounts therefore. In addition, the Corporation shall be responsible for any necessary workers compensation and unemployment insurance required for the individuals performing services hereunder, and the City shall have no obligation whatsoever in this regard. 4. Independent Contractor. The Corporation and neither it nor any of its volunteers, employees or agents performing services hereunder shall be an employee of the City. The Corporation is an independent contractor and it shall retain control over the manner and means of the work set forth above. The Corporation understands and acknowledges that the City shall not provide any benefits of any type in connection with this Agreement, including but not limited to health or medical insurance, workers compensation insurance, or unemployment insurance. The Corporation shall in no case have the power to bind or obligate the City in any way to any third-party. 5. Insurance. a. The Corporation shall provide comprehensive general liability insurance for bodily injury and property damage with a combined single limit of $1,000,000 per occurrence. Such comprehensive general liability insurance shall include, but not be limited to, coverage for mechanically-operated amusement devices, alcohol sales, and fireworks displays. The policies of insurance shall name the City of Mounds View as an additional insured. b. The Corporation shall provide evidence of automobile and mobile equipment insurance coverage for all motorized vehicles used in connection with work under this Agreement with a combined single limit for bodily injury and property damage of not less than $1,000,000 per occurrence. c. The Corporation shall provide Workers’ Compensation coverage in the statutory amount required for all individuals performing services under this contract such as contractors’ employees, subcontractors, independent contractors, etc. d. The Corporation shall provide Employer’s Liability insurance coverage (Part B. of the Workers’ Compensation Policy) in the amount of $100,000 bodily injury each accident, bodily injury by disease $500,000 policy limit, $100,000 bodily injury by disease each employee. e. A Certificate of Insurance showing coverage as indicated above with a carrier that is acceptable to the City of Mounds View as well as a copy of all policies of insurance shall be submitted to the City Administrator at least 30 days prior to the Festival. The City reserves the right to reject the carrier if it is not an A+ carrier licensed to do business in the State of Minnesota. f. Nothing herein shall be construed as a waiver of any immunity or limitation on liability to which the City is entitled under law. 6. Termination. If either party fails to perform its obligations under this Agreement, the other party may terminate this Agreement by giving written notice of the intention to terminate to the other party at least thirty (30) days prior to such termination, provided, however, that if Corporation’s failure to perform its obligations hereunder creates or constitutes, in the sole judgment of the City, a threat to the public health, safety, or welfare, the City may immediately terminate this Agreement. 7. General Terms and Conditions. a. The Corporation will provide all equipment used by the Corporation, except the City equipment as set forth in Exhibit B, which is incorporated herein by reference. b. The Corporation will control its own schedule of work hours as necessary to sponsor and coordinate the Festival. c. Any and all reports, and other work products, whether completed or not, that are prepared or developed by the Corporation as a part of this Agreement shall be jointly owned by the City and the Corporation and shall be made available to the City promptly at the City’s request or at the termination of this Agreement. The Corporation shall provide annual financial reports including all revenues and expenditures related to the Festival for the present year within thirty days of the date of the Festival, and the City will retain these records for three (3) years. d. Any titles of the several parts of the Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. e. A notice, demand, or other communication under this Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally to the following addresses: City: 2401 Highway 10 Mounds View, MN 55112 ATTN: City Administrator Corporation: 2085 Hillview Rd Apt. 1 Mounds View, MN 55112-1314 ATTN: Theresa Cermak, President or at such other address with respect to either such party as that party may, from time to time, designate in writing and forward to the other as provided in this Section. f. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. g. This Agreement is made and shall be governed in all respects by the laws of the State of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be heard in the state or federal courts of Minnesota, and the parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. h. If any provision or application of this Agreement is held unlawful or unenforceable in any respect, such illegality or unenforceability shall not affect other provisions or applications that can be given effect, and this Agreement shall be construed as if the unlawful or unenforceable provision or application had never been contained herein or prescribed hereby. i. This Agreement, together with its Exhibits, which are incorporated by reference, constitutes the complete and exclusive statement of all mutual understandings between the parties with respect to this Agreement, superseding all prior or contemporaneous proposals, communications, and understandings, whether oral or written, concerning this Agreement. This Agreement may not be amended nor any of its terms modified except by written authorization and executed by both parties hereto. 8. The Corporation shall protect, indemnify, defend, and hold harmless the City and its governing body members, officers, agents, servants, and against and from any claim, demand, suit, action, or other proceeding whatsoever by any person or entity whatsoever arising or purportedly arising from this Agreement or the activities undertaken pursuant to it. The provisions of this paragraph 8 shall survive termination of this Agreement. 9. The Corporation will provide the City with a comprehensive accounting and detailing of the expenditure of funds contributed by the City to the Festival and the Corporation. IN WITNESS THEREOF, the parties have caused this Agreement to be executed as of the date first above. CITY OF MOUNDS VIEW By: Its: Mayor By: Its: City Administrator FESTIVAL IN THE PARK OF MOUNDS VIEW By: Its: By: Its: EXHIBIT A CITY STAFF ASSISTANCE ESTIMATE 1. Maintenance workers: 2 workers X 20 hrs @ approx. $32/hr $1,280 3 seasonal workers (if needed) X 12 hrs @ approx. $13.hr $468 2. Police: 2 officers X 8 hrs @ approx. $55/hr $880 Total: $2,628 EXHIBIT B CITY EQUIPMENT 1. Public Works Equipment: Large box 1 ton truck Small box 1 ton truck 1 Large dump truck 2 -Pick up trucks Tandem trailer Front-end loader City generator Post pounder 2 Utility trucks 2 Golf carts or equivalent Hoses Extension cords Water shut off keys Barricades Public Works Vehicles for the Parade 2. Fire Dept: Fire truck(s) 3. Police Department Police Vehicle(s) for the Parade Item No: 07B Meeting Date: July 11, 2011 Type of Business: CB Administrator Review : ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Assistant City Administrator Item Title/Subject: Resolution 7807, Approving the 2011 Mounds View Festival in the Park Agreement Background: For 2011, the City has budgeted $4,500 (Budget Account Number: 100-4110-3900) in support of the Festival in the Park, to pay for City personnel and equipment expenses. The Mounds View Festival in the Park is scheduled for Saturday, August 20, 2011. Discussion: Attached for your approval is the Festival in the Park of Mounds View Contract. The 2011 Festival in the Park Agreement was reviewed by the Festival Committee, and approved the agreement for execution at this City Council Meeting. Members of the Festival Committee will be present to answer any questions. Recommendation: Attached for your approval is the 2011 Festival in the Park Agreement. Staff recommends approval of Resolution 7807, authorizing the execution of the agreement with the Festival in the Park of Mounds View for the August 20, 2011, Festival in the Park event. Respectfully Submitted, __________________________ Desaree Crane RESOLUTION 7807 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING THE EXECUTION OF THE AGREEMENT WITH THE FESTIVAL IN THE PARK OF MOUNDS VIEW FOR THE 2011 FESTIVAL IN THE PARK WHEREAS, The City of Mounds View desires to co-sponsor an annual community event entitled “Mounds View Festival in the Park” to be held on August 20, 2011; and WHEREAS, the 2011 Festival Agreement, attached as Exhibit A, has been reviewed by the City Council and have been reviewed and approved for execution by the Festival in the Park of Mounds View Committee, the non-profit organization in charge of the Festival; and WHEREAS, the City is currently budgeted to contribute $4,500 to the Festival in the Park of Mounds View Committee to pay for City personnel and equipment expenses. NOW, THEREFORE BE IT RESOLVED that the Mounds View City Council does hereby approve the attached Festival Agreement as set forth in Exhibit A and authorizes its execution by the Mayor and City Administrator. Adopted this 11th day of July, 2011. __________________________________ Joe Flaherty, Mayor ATTEST: __________________________________ James Ericson, City Administrator (seal) Item No: 7C Meeting Date: July 11, 2011 Type of Business: Council Business Administrator Review: ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Nick DeBar, Public Works Director & Desaree Crane, Assistant City Administrator Item Title/Subject: Resolution 7809, Approving a Revised Position Description and Authorizing the Advertisement for Rehiring a Public Works Maintenance Worker in the Sanitary Sewer Division Discussion: Recently Nate Behlen, a Public Works Maintenance Workers in the Sanitary Sewer subdivision, gave a two-week notice of his resignation from the City – his last day is scheduled to be July 13, 2011. Nate will be pursuing his public works career with a larger Metropolitan city. There are two maintenance workers assigned to the sanitary sewer subdivision. These positions are responsible for cleaning and inspecting over 44 miles of sanitary sewer pipes and 900+ manholes; operating and maintaining two lift stations; televising and evaluating sewers and manholes on a regular schedule and for the street and utility improvement projects; and maintaining and keeping sanitary sewer equipment in good running condition. There was approximately 383,000,000 gallons of wastewater collected in the city sewer system during 2010. City staff has evaluated the need for this position and recommends rehiring of the soon-to- be-vacant sanitary sewer maintenance worker position. Most of the daily activities required of the position require working in crew of two. Like other full-time maintenance workers in Public Works, this position also participates in the standby duty and call-back program for after-hours maintenance and emergencies. This position is part of the Public Works Collective Bargaining Unit and is funded entirely by the sanitary sewer enterprise fund. The position description for the sanitary sewer maintenance worker has also been evaluated and is proposed to be tweaked (see attached). These revisions are proposed to clean-up some deficiencies and clarify requirements related to driving license endorsements and standby duty/call back programs required of the position. None of the proposed revisions change the current intent and duties of the position, and will not affect the hay points. If authorized, the rehiring of the sanitary sewer maintenance worker position will be posted on the Mounds View and League of Minnesota Cities websites, and if necessary, advertised in a regional paper. Applications will be due on July 29, 2011 and interviews will take place the week of August 8. If a qualified candidate is selected, it is likely that the City Council will consider refilling the position at their August 22, 2011 regular meeting. Approving a Revised Position Description & Rehiring PW Maintenance Worker in the San. Sewer Division Page 2 Recommendation: Staff recommends that the City Council adopt the attached resolution that will approve the revised position description and authorize advertisement for rehiring for the sanitary sewer maintenance worker position. Respectfully submitted, Nick DeBar Desaree Crane Public Works Director Assistant City Administrator Attachments: Revised Position Description for PW Maintenance Worker – Sanitary Sewer Subdivision Resolution 7809 Public Works Maintenance Worker (Sanitary Sewer) Position Description Page 1/4 CITY OF MOUNDS VIEW POSITION DESCRIPTION Position Title: Public Works Maintenance Worker (Sanitary Sewer) Department: Public Works – Sanitary SewerOperation and Maintenance Division Accountable to: Director of Public Works Status: Non-Exempt (Public Works Collective Bargaining Unit) – Non-Exempt PRIMARY OBJECTIVE OF POSITON Under the guidance and supervision of the Public Work Supervisor, this position is responsible for operating, inspecting, maintaining, and repairing the infrastructure and equipment associated with the municipal wastewater collection system, including gravity sewer pipes, manholes, lift stations, and forcemains. To provide maintenance service and repair to facilities and equipment of the City’s Sanitary Sewer Division of the Public Works Department, and other related facilities as apparent of directed. These tasks may include, but not be limited to; ensuring proper operation of the City’s sanitary sewer system (including lift stations, sanitary sewer mains, and manholes), conduct and document inspection of sewer mains, perform jetting and cleaning operations, vehicle and equipment repair, equipment operats, and a variety of skilled and unskilled labor tasks within the Public Works Department. SUPERVISION RECEIVED This position is supervised by and W works under the general guidance and direction of the Public Works Supervisor. SUPERVISION EXERCISED No direct supervision is exercised by this position. May oversee the work of full-time and seasonal maintenance workers on occasion when assigned by the Public Works Supervisor.May oversee work by seasonal workers as assigned. ESSENTIAL DUTIES AND RESPONSIBILITIES Clean and inspect sanitary sewer pipes, manholes, forcemains, lift stations, pumps, meters, and other wastewater collection system components. Operates and maintain sewer televising and maintenance equipment such as: , including jetting/vactor truck, pole camera, mainline sewer camera, computer, jetting/vactor truck, and other related equipment. Troubleshoot and repair wastewater collection system infrastructure, equipment, and tools to ensure proper and long-lasting performance. Assist with other O&M Division activities as assigned by the Public Works Supervisor, including snow and ice removal, storm debris clean-up, facility and grounds maintenance, vehicle and equipment maintenance, and water breaks repairs. Operates heavy equipment related to a variety of City programs such as patching, snow plowing, excavating, and other tasks as delegated in a safe and proficient manner. Assesses in-field situations orconditions and problems and to determine workable solutions orand methods to for resolvinge them with limited supervision. Public Works Maintenance Worker (Sanitary Sewer) Position Description Page 2/4 Makes recommendations to the Public Works Supervisor on operating matters of the department including personnel, equipment, and work procedures that will improve the functioning of the Public Works Department to provide better maintenance and service. Follows departmental safety regulations and operating procedures that are in compliance with applicable Minnesota Occupational Safety and Health Laws and regulations. Also recognizes potential hazards in the work environment and notifies Public Works Supervisor for corrective action. Purchases operational supplies with responsibility and in accordance with City Purchasing Policy. Maintains or repairs equipment as apparent or assigned, within knowledgeable limits to ensure vehicles and equipment are in good repair and appearance. Maintains knowledge of safe handling and application of chemicals used in departmental programs. Performs manual labor including, but not limited to, lifting, painting, tree trimming, planning, and removal, the use of hand tools, compacting materials with hand of mechanical equipment. Keeps City facilities and equipment in a neat and clean order. Keeps accurate records of time sheets, job activity sheets, televising records, fuel log sheets, vehicle and equipment maintenance reports, water test, asbuilts, and other related or required data. Responds to citizens requests and complaints in a manner consistent with the City policies and regulations and promotes and maintains a favorable image of the City through positive community relations. Follows departmental safety regulations and operating procedures that are in compliance with applicable Minnesota Occupational Safety and Health Laws and regulations. Also recognizes potential hazards in the work environment and notifies Pubic Works Foreman for corrective action. Participate in the Public Works “Standby Duty” and “Call Back” programs for after-hours and weekend maintenance, repairs, and emergencies. PERIPHERAL DUTIES Works with other City employees in a cooperative manner to maintain a team effort and also can work effectively alone. Performs related duties as apparent or delegated to ensure the successful operation of the Public Works Department. Maintains ability and knowledge to assist in training of other employees. Services on various employee or other committees as assigned. Drafts Reports on a daily basis. MINIMUM QUALIFICATIONS Education and Experience: High School diplomaGraduation from a high school or GED equivalent. See “Special Requirements” for additional qualifications regarding licensures. ** see Collective Bargaining Unit Labor Agreementcontract for job classification system and minimum advancement qualifications. Public Works Maintenance Worker (Sanitary Sewer) Position Description Page 3/4 NECESSARY KNOWLEDGE, SKILLS, AND ABILITIES (A) Working knowledge of equipment, materials, and supplies used in building and ground maintenance and; Working knowledge of equipment and supplies used to do minor repairs.: Working knowledge of application safety precautions. Skill in operation of listed tools and equipment used. Ability to work independently and to complete daily activities according to work schedule.; Ability to lift heavy objects, walk and stand for long periods of time, and to perform strenuous physical labor under adverse conditions.; Ability to perform heavy manual tasks for extended periods of time.; Ability to establish and maintain effective working relationships with employees, other departments and the public.; Ability to communicate effectively, in English, both verbally and in writing.understand and carry out written and oral instructions. SPECIAL REQUIREMENTS Possess a valid Minnesota Class D driver’s license and CDL Class B license with air brake and tanker endorsements or ability to obtain within 6 months of hire. Possess a Water Supply System Operator Class D certificate. Possess a Wastewater Operator Class S-D certificate. Valid State Driver’s license. Possess or obtain CDL certification with hazardous waste endorsement, Class D Water Supply System Operator’s Certificate, and S-C Wastewater operators certificate. TOOLS AND EQUIPMENT USED Common industry Mmotorized vehicles and equipment, including dump truck, pickup truck, utility truck, skid steer, tamper, plate compactor, saws, pumps, areole propane kettle, compressors, sanders, generators, common hand and power tools, shovels, wrenches, detection devices, mobile radio, phone, ditch witch, and computer. Specialized equipment including jetting/vactor truck and underground utility televising equipment and accessories. PHYSICAL DEMANDS The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to use hands to finger, handle, feel or operate objects, tools, or controls and reach with hands and arms. The employee frequently is required to stand, talk, and hear. The employee is required to walk; sit; climb or balance; stoop, kneel, crouch, or crawl; and smell. The employee must frequently lift and/or move up to 25 pounds and occasionally lift and/or move up to 100 pounds. Specific vision abilities required by this job include close vision, distance vision, color vision, peripheral vision, depth perception, and the ability to adjust focus. Public Works Maintenance Worker (Sanitary Sewer) Position Description Page 4/4 WORK ENVIRONMENT The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee regularly works in outside weather conditions. The employee frequently works near moving mechanical parts and is frequently exposed to wet and/or humid conditions and vibration. The employee occasionally works in high, precarious places and is occasionally exposed to fumes or airborne particles, toxic or caustic chemicals, and risk of electrical shock. The noise level in the work environment is usually loud. SELECTION GUIDELINES Formal application, rating of education and experience; oral interview and reference check; job related tests may be required. The duties listed above are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is similar, related, or logical assignment to the position. The job description does not constitute an employment agreement between the employer and employee and is subject to change by the employer as the needs of the employer and requirements of the job change. Approval: _________________________ Approval: ________________________ Department HeadSupervisor City AdministratorAppointing Authority Effective Date: ______________________ Revision History: 07/2011 04/2009 (Revised) 01/2003 09/2002 06/1997 RESOLUTION 7809 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING A REVISED POSITION DESCRIPTION AND AUTHORIZING THE ADVERTISEMENT FOR REHIRING A PUBLIC WORKS MAINTENANCE WORKER IN THE SANITARY SEWER DIVISION WHEREAS, the Public Works Department is staffed with two maintenance workers responsible for the operation, inspection, maintenance, and repair of more than 44 miles of sanitary sewer pipe, 900 manholes, and two lift stations to ensure proper collection and transport of nearly 383,000,000 gallons of wastewater annually; and WHEREAS, one of the maintenance workers in the sanitary sewer division recently gave notice of his resignation, leaving the position vacant on July 13, 2011; and WHEREAS, the position description for the sanitary sewer maintenance worker has been revised to clarify current requirements of the position; and WHEREAS, City staff recommends rehiring this key position to assist with meeting the workload demands required to keep the wastewater collection system functioning properly and maximizing the life span of the infrastructure and equipment. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota as follows: 1. The attached Public Works Maintenance Worker (Sanitary Sewer) position description is hereby approved. 2. Staff is hereby authorized to advertise for the said position, review applications, and interview selected candidates. Adopted this 11th day of July, 2011. ____________________________________ Joe Flaherty, Mayor ATTEST: ____________________________________ James Ericson, City Administrator (SEAL) Public Works Maintenance Worker (Sanitary Sewer) Position Description Page 1/3 CITY OF MOUNDS VIEW POSITION DESCRIPTION Position Title: Public Works Maintenance Worker (Sanitary Sewer) Department: Public Works – Operation and Maintenance Division Accountable to: Director of Public Works Status: Non-Exempt (Public Works Collective Bargaining Unit) PRIMARY OBJECTIVE OF POSITON Under the guidance and supervision of the Public Work Supervisor, this position is responsible for operating, inspecting, maintaining, and repairing the infrastructure and equipment associated with the municipal wastewater collection system, including gravity sewer pipes, manholes, lift stations, and forcemains. SUPERVISION RECEIVED This position is supervised by and works under the general guidance and direction of the Public Works Supervisor. SUPERVISION EXERCISED No direct supervision is exercised by this position. May oversee the work of full-time and seasonal maintenance workers on occasion when assigned by the Public Works Supervisor. ESSENTIAL DUTIES AND RESPONSIBILITIES Clean and inspect sanitary sewer pipes, manholes, forcemains, lift stations, pumps, meters, and other wastewater collection system components. Operate and maintain sewer televising and maintenance equipment, including jetting/vactor truck, pole camera, mainline sewer camera, computer, and other related equipment. Troubleshoot and repair wastewater collection system infrastructure, equipment, and tools to ensure proper and long-lasting performance. Assist with other O&M Division activities as assigned by the Public Works Supervisor, including snow and ice removal, storm debris clean-up, facility and grounds maintenance, vehicle and equipment maintenance, and water breaks repairs. Assesses in-field conditions and problems to determine workable solutions and methods for resolving them with limited supervision. Make recommendations to the Public Works Supervisor on operating matters of the department including personnel, equipment, and work procedures that will improve the functioning of the Public Works Department to provide better maintenance and service. Follow departmental safety regulations and operating procedures that are in compliance with applicable Minnesota Occupational Safety and Health Laws and regulations. Also recognizes potential hazards in the work environment and notifies Public Works Supervisor for corrective action. Purchase operational supplies with responsibility and in accordance with City Purchasing Policy. Maintain knowledge of safe handling and application of chemicals used in departmental programs. Public Works Maintenance Worker (Sanitary Sewer) Position Description Page 2/3 Perform manual labor including, but not limited to, lifting, painting, tree trimming, planning, and removal, the use of hand tools, compacting materials with hand of mechanical equipment. Keep accurate records of time sheets, job activity sheets, televising records, fuel log sheets, vehicle and equipment maintenance reports, water test, asbuilts, and other related or required data. Respond to citizens requests and complaints in a manner consistent with the City policies and regulations and promotes and maintains a favorable image of the City through positive community relations. Follow departmental safety regulations and operating procedures that are in compliance with applicable Minnesota Occupational Safety and Health Laws and regulations. Participate in the Public Works “Standby Duty” and “Call Back” programs for after-hours and weekend maintenance, repairs, and emergencies. MINIMUM QUALIFICATIONS High School diploma or GED equivalent. See “Special Requirements” for additional qualifications regarding licensures. ** see Collective Bargaining Unit Labor Agreement for job classification system and minimum advancement qualifications. NECESSARY KNOWLEDGE, SKILLS, AND ABILITIES Working knowledge of equipment, materials, and supplies used in maintenance andminor repairs. Skill in operation of listed tools and equipment used. Ability to work independently and to complete daily activities according to work schedule. Ability to lift heavy objects, walk and stand for long periods of time, and to perform strenuous physical labor under adverse conditions. Ability to perform heavy manual tasks for extended periods of time. Ability to establish and maintain effective working relationships with employees, other departments and the public. Ability to communicate effectively, in English, both verbally and in writing. SPECIAL REQUIREMENTS Possess a valid Minnesota Class D driver’s license and CDL Class B license with air brake and tanker endorsements or ability to obtain within 6 months of hire. Possess a Water Supply System Operator Class D certificate. Possess a Wastewater Operator Class S-D certificate. TOOLS AND EQUIPMENT USED Common industry motorized vehicles and equipment, including dump truck, pickup truck, utility truck, skid steer, tamper, plate compactor, saws, pumps, compressors, sanders, generators, common hand and power tools, shovels, wrenches, detection devices, mobile radio, phone, ditch witch, and computer. Specialized equipment including jetting/vactor truck and underground utility televising equipment and accessories. Public Works Maintenance Worker (Sanitary Sewer) Position Description Page 3/3 PHYSICAL DEMANDS The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to use hands to finger, handle, feel or operate objects, tools, or controls and reach with hands and arms. The employee frequently is required to stand, talk, and hear. The employee is required to walk; sit; climb or balance; stoop, kneel, crouch, or crawl; and smell. The employee must frequently lift and/or move up to 25 pounds and occasionally lift and/or move up to 100 pounds. Specific vision abilities required by this job include close vision, distance vision, color vision, peripheral vision, depth perception, and the ability to adjust focus. WORK ENVIRONMENT The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee regularly works in outside weather conditions. The employee frequently works near moving mechanical parts and is frequently exposed to wet and/or humid conditions and vibration. The employee occasionally works in high, precarious places and is occasionally exposed to fumes or airborne particles, toxic or caustic chemicals, and risk of electrical shock. The noise level in the work environment is usually loud. SELECTION GUIDELINES Formal application, rating of education and experience; oral interview and reference check; job related tests may be required. The duties listed above are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is similar, related, or logical assignment to the position. The job description does not constitute an employment agreement between the employer and employee and is subject to change by the employer as the needs of the employer and requirements of the job change. Approval: _________________________ Approval: ________________________ Department Head City Administrator Effective Date: ______________________ Revision History: 07/2011 04/2009 01/2003 09/2002 06/1997 Item No: 7F Meeting Date: July 11, 2011 Type of Business: CB Administrator Review: ________ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Don Peterson, Public Works Supervisor Item Title/Subject: Resolution 7810 Approving a Trade-in Program for Skid-Steer units #130 & #136 Background: For 12 years the City has participated in an annual trade-in program with Tri-State Bobcat Inc. of Hudson, WI. This program has been a great benefit to the City. Each year the City is able to purchase a new Bobcat skid-steer for a fraction of the original price. New units cost an average of $29,500.00. With the trade in program the City is able to purchase a new unit for less than $5,000.00. In addition, tires are typically worn down after one year of patching streets and the City avoids replacement costs (approx. $1,000) by obtaining a new unit. The unit is also under warrantee during this time, so any parts or repairs needed are performed by Tri-State Bobcat on-site. Discussion: This year both unit’s #136 and #130 are eligible for the trade-in program. Staff has been informed that the total cost for this program is higher due to the fact that for the last few years the trade-in program was not available and unit #136 has never been traded in. With higher hours and an older unit, the cost associated with the trade-in increases. At this time we will also be upgrading to a larger unit. Staff feels that having two units of the same size will be more productive as the smaller unit is not capable of operating many of the implements used in day to day work schedules. The 2011 budget includes $7,300.00 in accounts 100-4470-4010 and 700-4823-4010 for the cost of the trade-in program. The cost to participate in the upgrade program would be $8,329.56; $1,029.56 over the budgeted amount which can be funded from 700-4823-4010. This trade-in program is recognized through the Cooperative Purchasing Venture (CPV), a members-only program that enables participating governmental units, such as Mounds View, to purchase goods and services under competitive contract terms established by the State of Minnesota. Recommendation: Staff is recommending City Council’s approval to participate in this trade-in program through Tri-State Bobcat in the amount of $8,329.56 to be funded as follows: $3,800.00 from 100-4470-4010 and $4,529.56 from 700-4823-4010. Respectfully Submitted Don Peterson, Public Works Supervisor RESOLUTION 7810 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING THE TRADE–IN PROGRAM FOR SKID STEER UNITS #130 AND #136 WHEREAS, the City has participated over the past 12 twelve years in the yearly trade program offered by Tri-State Bob Cat, Inc., and; WHEREAS, the City Council recognizes the cost savings of over $50,000.00 for this program compared to purchasing two new units at a cost of $58,959.16, and; WHEREAS, the City Council approves and places in the operating budget the cost for this program. and; WHEREAS, the City received a quote for new skid steer units on the trade-in program to replace the current skid steers, and, WHEREAS, Tri-State Bob Cat, Inc 3101 Spruce St. Little Canada Minnesota provided a quote in the amount of $8,329.56; and WHEREAS, monies are available in the Street Department fund, 100-4470-4010 and the Water Operating fund, 700-4820-4010 for skid steer upgrades; and, . WHEREAS, Staff recommends the City to continue with the trade-in program through Tri-State for new skid steer units as a cost savings to the City; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota as follows: 1. This trade-in program with Tri-State Bobcat Inc. is recognized through the Cooperative Purchasing Venture (CPV), a members-only program that enables participating governmental units, such as Mounds View, to purchase goods and services under competitive contract terms established by the State of Minnesota. 2. City Council approves the trade-in program purchase for 2 skid steers in the total amount of $8,329.56 from Tri-State Bobcat, Inc. to be funded from 100-4470-4010 in the amount of $3,800.00 and 700-4823-4010 in the amount of $4,529.56. Adopted this 11th day of July, 2011. ____________________________________ Joe Flaherty, Mayor ATTEST: ____________________________________ James Ericson, City Administrator (SEAL) RESOLUTION 7811 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING THE PURCHASE OF NEW DUMP TRUCK WHEREAS, the City has had the practice of replacing dump trucks on a fifteen-year cycle. This 15 year trade-in period allows the fleet to be economically maintained without having major repair bills which are not typically recovered in the trade-in value and; WHEREAS, the last few years the City has seen the repair costs increase on unit #133; a 5 year total in repairs of $11,924.00 or a yearly average of $2,384.00 and; WHEREAS, the City Council approves and places in the operating budget the cost for replacing vehicles and; WHEREAS, the Council recognizes the age and increased maintenance costs that have occurred in the past with unit #133, and staff is recommending replacing this unit with a similar dump truck and, WHEREAS, the City has received a quote for 2011 demo unit. The unit is a Freightliner M2106V Single Axle unit, with a Cummins ISC 350hp diesel engine, Allison 3000 transmission and is in the amount of $73,476.15 plus sales tax, license and transfer fees, for I State Truck Center 11152 Court House Boulevard, Inver Grove Heights Minnesota and; WHEREAS, monies are available in the 2011 Pavement Management Fund, 100- 4472-7030, has $140,000.00 budgeted for this dump truck purchase. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota as follows: 1. This purchase of a 2011 Freightliner M2 106V from I-State Truck Center is recognized through the Cooperative Purchasing Venture (CPV), a members-only program that enables participating governmental units, such as Mounds View, to purchase goods and services under competitive contract terms established by the State of Minnesota. 2. City Council approves the purchase of a 2011 Freightliner M2 106V from I-State Truck Center off the State contract in the amount of $73,476.15 for this truck. Sales tax not included City Council also approves the purchase of equipment and options for the 2011 Freightliner Dump Truck including a dump body, front plow and wing, under body plow, lights and cab controls under the state contract to Aspen Equipment in the amount of $82,054.35, for the purchase and installation of these items. City Council approves the trade-in of the 1996 Ford 800 Series Dump Truck to I - State Truck Center at a credit value of $30,000.00. 3. Including sales tax, license and transfer fees, this represents a final net City cost of $128,577.49 to replace dump truck unit #133 with a 2011 Freightliner M2 106V to be funded from 100-4472-7030. Resolution 7811 continued Adopted this 11th day of July, 2011. ____________________________________ Joe Flaherty, Mayor ATTEST: ____________________________________ James Ericson, City Administrator (SEAL) Corrections/Revisions/Reviewed by Council Members Gunn and Hull, City Administrator Ericson and Assistant City Administrator Crane PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting May 23, 2011 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 7:03 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 23, 2011, City Council Agenda. MOTION/SECOND: Mueller/Hull. To Approve the Monday, May 23 , 2011, agenda as presented. Ayes – 5 Nays – 0 Motion carried. 5. PUBLIC INPUT Warren Johnson, 7710 Greenwood Drive, commented that the code enforcement sweep being completed on June 1st should address dandelions. He stated the dandelions should be seen as a weed and nuisance. He requested the City take action to address the concern of spreading weeds throughout the community. City Administrator Ericson indicated dandelions were a nuisance if they reach the eight inch height requirement. 6. SPECIAL ORDER OF BUSINESS A. Presentation of the 2010 Annual Audit and Management Report by Aaron Nielsen, Principal from Malloy, Montague, Karnowski, Radesevich & Co., P.A. (MMKR) Aaron Nielsen, Malloy, Montague, Karnowski, Radesevich & Co. (MMKR). He reviewed the 2010 Annual Audit and Management report with the Council in detail. Mr. Nielsen indicated the City was in great financial standing and asked for questions or comments from the Council. Mayor Flaherty noted property taxes make up 70% of the City’s general fund. He questioned Mounds View City Council May 23, 2011 Regular Meeting Page 2 what the break down was between commercial and residential properties. Finance Director Beer reviewed the information stating the break down of taxes depended on the tax capacity of properties. 7. COUNCIL BUSINESS A. Public Hearing at 7:05 p.m., Resolution 7784, a Resolution to Consider an On-Sale Intoxicating Liquor License Renewal for Moe’s located at 2400 County Highway 10. Assistant City Administrator Crane stated Moe’s has not submitted any paperwork for their liquor license renewal. A conversation was held between the property owner, Jeff Moritko, and the City Administrator. Apparently, the owner was having some financial issues at this time. Moe’s continues to owe on back property taxes, totaling $72,596.74 which includes the first half of 2011. In addition, Moe’s was delinquent on their utility bill in the amount of $1,966.24. Given the circumstances, Moe’s was not eligible to renew their liquor license. She explained that the Council could deny the renewal or continue the public hearing to the June 13th meeting. Mayor Flaherty stated that Mr. Moritko did have a plan and would be willing to speak with the Council at the June 13th meeting. Mayor Flaherty opened the public hearing at 7:29 p.m. MOTION/SECOND: Stigney/Mueller. To Postpone the On-Sale Intoxicating Liquor License renewal for Moe’s to the June 13th meeting. Ayes – 5 Nays – 0 Motion carried. B. Public Hearing at 7:10 p.m., Resolution 7785, a Resolution to Consider an On-Sale Intoxicating Liquor License Renewal for Robert’s Sports Bar and Entertainment located at 2400 County Road H2. Assistant City Administrator Crane stated Robert’s has not submitted any paperwork for their liquor license renewal. All correspondence from the City was sent certified mail to Robert’s and was signed for by the owner. Staff recommended the license renewal be postponed to the June 13th meeting. Mayor Flaherty opened the public hearing at 7:32 p.m. Council Member Gunn questioned if Robert’s was current on their property taxes and utility bills. Assistant City Administrator Crane stated Robert’s was current at this time. MOTION/SECOND: Mueller/Stigney. To Postpone the On-Sale Intoxicating Liquor License renewal for Robert’s Sports Bar to the June 13th meeting. Ayes – 5 Nays – 0 Motion carried. Mounds View City Council May 23, 2011 Regular Meeting Page 3 C. Public Hearing at 7:15 p.m., Resolution 7786, 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 City Administrator Crane stated Taiko Sushi Bar passed their liquor compliance check with the Mounds View Police Department but has outstanding property taxes in the amount of $34,746.36 and a utility bill for $547.58. She had suggested the property owner be present to speak to the Council this evening but the property owner declined stating he was unable to pay his property taxes at this time. She explained that the Council could deny the renewal or continue the public hearing to the June 13th meeting requesting that the property owner be present to plead his case. Mayor Flaherty opened the public hearing at 7:35 p.m. Council Member Mueller questioned if the owner had a payment plan in place. Assistant City Administrator Crane indicated the property owner did not have a repayment plan in place. The property owner expressed concern with similar businesses opening as this has strained his business. Council Member Mueller asked if an extension on this renewal would assist the property owner. Assistant City Administrator Crane did not feel this would assist the establishment. MOTION/SECOND: Mueller/Stigney. To Postpone the On-Sale Wine and 3.2 Malt Liquor License renewal for Taiko Sushi Bar to the June 13th meeting. Mayor Flaherty stated the Council was trying to be understanding in these matters given the fact the economy had slowed. He encouraged the property owner to be present at the June 13th meeting to discuss this matter with the Council. Ayes – 5 Nays – 0 Motion carried. D. Public Hearing at 7:20 p.m., Resolution 7787, a Resolution to Consider an On-Sale Intoxicating Liquor License Renewal for the Mermaid Acquisition Group, Inc., (doing business as The Mermaid), located at 2200 County Highway 10. Assistant City Administrator Crane stated The Mermaid has all property taxes and utility bills paid in full at this time. In addition, the fire department has issued a satisfactory inspection. The police department completed a satisfactory compliance check. Staff recommends the Council approve the on-sale intoxicating liquor license renewal for The Mermaid. Mayor Flaherty opened the public hearing at 7:41 p.m. Hearing no public input, Mayor Flaherty closed the public hearing at 7:41 p.m. Mounds View City Council May 23, 2011 Regular Meeting Page 4 Council Member Stigney questioned how much the Mermaid Acquisition Group paid for their license in February. Assistant City Administrator Crane stated the group paid $10,000 for the license. MOTION/SECOND: Gunn/Mueller. To Waive the Reading and Adopt Resolution 7787, a Resolution to Consider an On-Sale Intoxicating Liquor License Renewal for the Mermaid Acquisition Group, Inc., (doing business as The Mermaid), located at 2200 County Highway 10. Ayes – 5 Nays – 0 Motion carried. E. Public Hearing at 7:25 p.m., Resolution 7788, a Resolution to Consider an Off-Sale Intoxicating Liquor License Renewal for ABC Liquor located at 2840 County Highway 10. Assistant City Administrator Crane stated ABC Liquor was compliant with the police and fire department at this time. All property taxes and utility bills have been paid in full. Staff recommends approval of the off-sale intoxicating liquor license for ABC Liquor. Mayor Flaherty opened the public hearing at 7:43 p.m. Hearing no public input, Mayor Flaherty closed the public hearing at 7:43 p.m. MOTION/SECOND: Mueller/Stigney. To Waive the Reading and Adopt Resolution 7788, a Resolution to Consider an Off-Sale Intoxicating Liquor License Renewal for ABC Liquor located at 2840 County Highway 10. Ayes – 5 Nays – 0 Motion carried. F. Public Hearing at 7:30 p.m., Resolution 7789, a Resolution to Consider an Off-Sale Intoxicating Liquor License Renewal for Vino & Stogies located at 2345 County Road H2. Assistant City Administrator Crane stated Vino & Stogies was compliant with the police and fire department at this time. All property taxes and utility bills have been paid in full. Staff recommends approval of the off-sale intoxicating liquor license for Vino & Stogies. Mayor Flaherty opened the public hearing at 7:45 p.m. Hearing no public input, Mayor Flaherty closed the public hearing at 7:45 p.m. MOTION/SECOND: Gunn/Mueller. To Waive the Reading and Adopt Resolution 7789, a Resolution to Consider an Off-Sale Intoxicating Liquor License Renewal for Vino & Stogies located at 2345 County Road H2. Mounds View City Council May 23, 2011 Regular Meeting Page 5 Ayes – 5 Nays – 0 Motion carried. G. Public Hearing at 7:35 p.m., Resolution 7790, a Resolution to Consider an Off-Sale Intoxicating Liquor License Renewal for Big Top Liquor located at 2577 County Highway 10. Assistant City Administrator Crane stated Big Top Liquor was compliant with the police and fire department at this time. All property taxes and utility bills have been paid in full. Staff recommends approval of the off-sale intoxicating liquor license for Big Top Liquor. Mayor Flaherty opened the public hearing at 7:47 p.m. Hearing no public input, Mayor Flaherty closed the public hearing at 7:47 p.m. MOTION/SECOND: Mueller/Stigney. To Waive the Reading and Adopt Resolution 7790, a Resolution to Consider an Off-Sale Intoxicating Liquor License Renewal for Big Top Liquor located at 2577 County Highway 10. Ayes – 5 Nays – 0 Motion carried. H. Public Hearing at 7:40 p.m., Resolution 7791, a Resolution to Consider an Off-Sale 3.2 Malt Liquor License for Speedway SuperAmerica located at 2840 County Road I. Assistant City Administrator Crane stated SuperAmerica was compliant with the police and fire department at this time. All property taxes and utility bills have been paid in full. Staff recommends approval of the 3.2 malt liquor license for Speedway SuperAmerica. Mayor Flaherty opened the public hearing at 7:48 p.m. Hearing no public input, Mayor Flaherty closed the public hearing at 7:48 p.m. MOTION/SECOND: Mueller/Hull. To Waive the Reading and Adopt Resolution 7791, a Resolution to Consider an Off-Sale 3.2 Malt Liquor License for Speedway SuperAmerica located at 2840 County Road I. Ayes – 5 Nays – 0 Motion carried. I. Resolution 7792, Authorizing an On-Sale Intoxicating Liquor License Refund for MoundsVista, Inc., (formally doing business as The Mermaid). Assistant City Administrator Crane stated that on February 14th the Council approved a liquor license transfer from MoundsVista, Inc. to the Mermaid Acquisition Group, Inc. This became effective on February 15th. Recently, the City received a request from the former owner, MoundsVista, Dan Hall, requesting a refund for the prorated balance paid for the liquor license Mounds View City Council May 23, 2011 Regular Meeting Page 6 from February 15th to June 30th. Assistant City Administrator Crane reviewed City Code and found that no refunds of any fee shall be permitted unless authorized under Minnesota State Statute 340A.408. She reviewed the statute in detail noting the liquor fees “may” be refunded to the licensee if it does not carry on the license for the business. Assistant City Administrator Crane stated this refund was the first requested of the City. She explained the Council had no obligation to approve the refund as State Statute indicates the City “may” refund fees. The portion of the liquor fee that would be refunded, if approved, would be $3,749.96. Staff had no recommendation on the item and cautioned the Council from setting precedence on this issue and receiving additional requests in the future. Council Member Stigney questioned if this was the common practice for other cities. Assistant City Administrator Crane stated she was uncertain as this was the first request ever made to the City of Mounds View. Council Member Hull clarified that the City received duplicated fees for the liquor license at The Mermaid from February 15th to June 30th. Assistant City Administrator Crane noted there was a duplication of fees paid by two separate owners. Council Member Gunn asked if the former owner was aware City Code states there would be no reimbursement of fees. Assistant City Administrator Crane noted this information was passed along to Mr. Hall, and he still wished to make the reimbursement request to the City Council. Mayor Flaherty expressed apprehension with setting precedence with all license fees if a reimbursement were offered to Mr. Hall. City Administrator Ericson stated he wasn’t too concerned about setting precedence as this was the City’s first request for a reimbursement. He noted that change of ownerships are often completed with the license renewal process in June of each year. MOTION/SECOND: Flaherty/Stigney. To Waive the Reading and Adopt Resolution 7792, Authorizing an On-Sale Intoxicating Liquor License Refund for MoundsVista, Inc., (formally doing business as The Mermaid) directing Staff to bring City Code 502.06, subd 4 for further review by Council. Council Member Mueller commented the application provided to all business owners requesting a liquor license refers to City Code noting there would be no refunds. Assistant City Administrator Crane stated this was the case as City Code was sent to new liquor license applicants or the information was passed along through conversation. Council Member Mueller noted given the City’s interpretation of State Statute this refund could fall under item 4. Assistant City Administrator Crane stated this was the case. Council Member Stigney stated no refunds were offered for other licenses. He suggested the Mounds View City Council May 23, 2011 Regular Meeting Page 7 loophole be closed. He noted that while he seconded the motion, he would not support the refund. Mayor Flaherty indicated the reference to State Statute could be removed from City Code to eliminate the need for further discussion of future reimbursement issues. Council Member Gunn explained it was the Council’s discretion to review a license refund. She felt this should remain the case going forward into the future and would like City Code to remain as is. City Administrator Ericson noted The Mermaid has been a vibrant business in the community for over 30 years and has paid a great deal of license fees to the City of Mounds View. Council Member Mueller questioned if the City should be considering the issue based on the past history of the business or disallow all refunds. She noted she was unclear on the issue and felt the Council should review the application language and City Code further before taking a vote on the refund. Ayes – 2 Nays – 3 (Stigney, Hull, Mueller) Motion failed. J. Resolution 7793, Approving the Hire of Adam Fogerty as Engineering/GIS Intern in the Public Works Department. Public Works Director DeBar stated the GIS Intern position was first developed in 2006 as a seasonal maintenance worker. In March of 2011 the previous intern resigned and the position was advertised. The City received 22 applications, created a short list and held interviews. It was the consensus of the panel to recommend the Council hire Adam Fogerty as the Engineering/GIS Intern in the Public Works Department. Staff recommended a tentative start date of May 26, 2011. Council Member Mueller questioned if the candidate had ties to the community. Public Works Director DeBar stated he would be living locally, even though he attends college out of state. Mayor Flaherty asked how important the GIS information was to the City. Public Works Director DeBar indicated the position was extremely important to the engineering department to assist the City with creating base-mapping. It would allow record drawings to become electronic. He added that the intern provided the City with skilled labor at a fraction of the expense a consultant would be. MOTION/SECOND: Mueller/Gunn. To Waive the Reading and Adopt Resolution 7793, Approving the Hire of Adam Fogerty as Engineering/GIS Intern in the Public Works Department. Ayes – 5 Nays – 0 Motion carried. Mounds View City Council May 23, 2011 Regular Meeting Page 8 K. Resolution 7794, Approving a Variance Extension for Longview Estates (Eichi, Inc.). City Administrator Ericson stated on August 9, 2010 the Council approved a variance for a reduced lot width within the Longview Estates development. The site had not been developed to date and the Resolution would expire shortly, as it had a one year deadline. Eichi, Inc. has requested an extension from the City for the variance. Staff supports the extension given the fact the economy has slowed along with the housing market. Council Member Stigney questioned why the plat has not been completed. Paul Harstad, developer, stated the economy and housing market have been tremendously slow at this time. His company was “pinching all pennies” where possible and for that reason the plat has not been completed. Council Member Mueller asked if the Council were to take action and approve the extension, would it hinder Eichi in any way. Mr. Harstad explained the extension would allow his company to delay paying platting fees until the site is ready to be developed. MOTION/SECOND: Mueller/Gunn. To Waive the Reading and Adopt Resolution 7794, Approving a Variance Extension for Longview Estates (Eichi, Inc.). Mayor Flaherty clarified that the variance extension would ensure that there was still no construction along Silver Lake Road. Mr. Harstad stated this was the case. Ayes – 5 Nays – 0 Motion carried. Discussion ensured regarding the dirt pile near this development. L. Public Hearing, Resolution 7795, Adopting a Five Year Financial Plan for 2012 through 2016. Finance Director Beer stated the City’s Charter requires that the Council annually prepare a five year financial plan and hold a public hearing before approval. Future projections were discussed within the general operating fund along with the timeline for the street improvement program. He further reviewed the five year financial plan in detail and recommended the Council approve the plan as presented. Council Member Stigney questioned if the City would see a market value homestead credit in the future. Finance Director Beer did not anticipate this credit to continue given discussions at the last legislative session. Mayor Flaherty noted the street and utility program acceleration for Areas G, H and I would allow the program to be completed two years earlier than projected. Finance Director Beer stated this was the projection and would need to be approved by Council before finalized. Mounds View City Council May 23, 2011 Regular Meeting Page 9 Finance Director Beer noted the Community Center would need to be reroofed in 2012, along with other improvements to the parking lot. He suggested the Council consider how these improvements should be funded. Mayor Flaherty suggested the funds be left in the Special Revenue Fund. The Council was in agreement. Council Member Stigney questioned if it was a necessity to replace the roof in 2012. Public Works Director DeBar stated the roof management plan recommended Community Center roof replacement in 2012 as the membrane roof had only a 10 year warranty. He anticipated the expense would be less than the projected $250,000. Mayor Flaherty was in favor of following the roof management replacement plan as he did not want to see additional projects completed in the same year. Finance Director Beer reviewed the 2012 budget timeline, explaining that changes could still be made to the financial plan. He then reviewed the projected cash flows for the capital improvement funds. Council Member Mueller asked what capital improvement projects would be bonded for in 2015. Finance Director Beer indicated this would be for the demolition/facility design for the new public works building. He stated other funding sources may be available at that time. Finance Director Beer then reviewed the projected water and sewer rates. He noted these rates would be incrementally increasing due to the water tower rehabilitation this year. The slight increases would stabilize the fund over time. Staff noted the use of infiltration basins has greatly reduced the City’s storm water expenses. Mayor Flaherty opened the public hearing at 9:21 p.m. Hearing no public input, Mayor Flaherty closed the public hearing at 9:21 p.m. MOTION/SECOND: Mueller/Hull. To Waive the Reading and Adopt Resolution 7795, Adopting a Five Year Financial Plan for 2012 through 2016 with a summary posted in the newspaper. Ayes – 5 Nays – 0 Motion carried. M. Resolution 7796, Approving a Construction Contract with Muska Electric Company for the 2011 Electrical Modifications for Well No. 2 Motor Conversion Project. Public Works Director DeBar stated Well No. 2 was originally constructed in 1962 with a natural gas engine. This varies from the rest of the wells in the City and creates water spikes at times. Instead of replacing the well, Staff recommended converting the motor to an electric model. The Mounds View City Council May 23, 2011 Regular Meeting Page 10 well has been evaluated by Bolton & Menk and the proposed conversion would allow the well to continue functioning properly. Public Works Director DeBar explained the City requested quotes from five qualified electrical vendors and received three estimates for the project. The low quote was submitted by Muska Electric of Roseville for $55,400. He noted Bolton & Menk would assist the City with the construction phase of the project which would be an additional $23,500 for the project. The City budgeted $75,000 for the project and the estimate at this time was $73,900. He noted Xcel Energy was offering rebates (estimated at $8,000) which would assist in reducing the overall expense. Public Works Director DeBar noted the work was scheduled to take place this summer, which would keep Well No. 2 offline. He did not foresee this being a concern for the City. Staff recommended the Council approve the construction contract with Muska and allow a 5% contingency. Mayor Flaherty questioned if the City would be strained with Well No. 2 offline. Public Works Director DeBar stated Well No. 2 works in conjunction with Well No. 1 drawing water from the same aquafer. Staff was confident the City’s water supply would remain stable with Well No. 2 offline for several months this summer. MOTION/SECOND: Mueller/Hull. To Waive the Reading and Adopt Resolution 7796, Approving a Construction Contract with Muska Electric Company for the 2011 Electrical Modifications for Well No. 2 Motor Conversion Project. Ayes – 5 Nays – 0 Motion carried. N. Resolution 7797, Approving the Bidding Documents and Authorizing Advertisement for Bids for the 2011 Partial Reroofing of City Hall and Full Reroofing of Well House Nos. 5 and 6 Project. Public Works Director DeBar stated the City has received preliminary plans to partially reroof City Hall along with reroofing Well Houses No. 5 and 6. He reviewed the areas of the City Hall which would be reroofed in detail, along with the Well House locations. The new roofing material would be an improved quality and was estimated to last 30 years. Portions of the current roof were 13 years old with an expected life of 10 years. Public Works Director DeBar explained the Council budgeted $240,000 to reroof City Hall and $23,000 to reroof each of the well houses. Staff feels the original estimates were slightly high and could come in lower than estimated. He noted the City would have to go through a professional bidding process for this project. Staff recommends the Council approve the bidding documents and authorize advertisement for bids for the reroofing project. Council Member Mueller questioned if the $250,000 that was budgeted in 2011 for this project would cover the entire expense to partially reroof City Hall and the two well houses. Public Mounds View City Council May 23, 2011 Regular Meeting Page 11 Works Director DeBar anticipated that quotes would come in lower than projected. He was not looking for a 100 year roof, but the best value for the City. Staff noted the condition of the roof above the community center kitchen was a concern but would be held off until 2012. MOTION/SECOND: Gunn/Hull. To Waive the Reading and Adopt Resolution 7797, Approving the Bidding Documents and Authorizing Advertisement for Bids for the 2011 Partial Reroofing of City Hall and Full Reroofing of Well House Nos. 5 and 6 Project. Ayes – 5 Nays – 0 Motion carried. 8. CONSENT AGENDA A. Resolution 7781, Approving a Revision to the Fee Schedule by Adding the Consumption and Display Permit Fee. B. Resolution 7783, Approving Bloodborne Pathogen Policy. MOTION/SECOND: Mueller/Gunn. To Approve the Consent Agenda as presented. Ayes – 5 Nays – 0 Motion carried. 9. JUST AND CORRECT CLAIMS Finance Director Beer answered the Council's questions related to claims. MOTION/SECOND: Gunn/Stigney. To Approve the Just and Correct Claims as presented. Ayes – 5 Nays – 0 Motion carried. 10. APPROVAL OF MINUTES A. April 11, 2011, Executive Session Minutes. MOTION/SECOND: Mueller/Stigney. To Approve the April 11, 2011, Executive Session meeting minutes as presented. Ayes – 5 Nays – 0 Motion carried. B. April 11, 2011, City Council Minutes. MOTION/SECOND: Gunn/Stigney. To Approve the April 11, 2011, City Council meeting minutes as presented. Ayes – 5 Nays – 0 Motion carried. C. April 25, 2011, City Council Minutes. Mounds View City Council May 23, 2011 Regular Meeting Page 12 MOTION/SECOND: Gunn/Hull. To Approve the April 25, 2011, City Council meeting minutes as presented. Ayes – 5 Nays – 0 Motion carried. 11. REPORTS A. Reports of Mayor and Council. Mayor Flaherty explained the City received a heavy storm this past weekend. He indicated the City was spared from the tornadoes but the Council’s thoughts and prayers were with the residents of Fridley and North Minneapolis. Mayor Flaherty noted last Monday he attended a Five Cities meeting with City Administrator Ericson. He reviewed the items discussed at the meeting stating the major focus was the potential location of the new Vikings Stadium on the TCAAP property. Arden Hills has passed a Resolution of support. Council Member Mueller reported that last Tuesday the Festival in the Park Committee met. She indicated the Festival would include a parade and car show again this year. She encouraged all those interested in participating in the parade or interested in being a vendor at the Festival to contact City Hall for further information. She explained the committee was still seeking volunteers to assist with Festival in the Park. Council Member Mueller indicated the Anoka County Aviation Days had challenging weather over this past weekend but no injuries were reported. Council Member Mueller stated the Police Department completes compliance checks through the City to assure that proper State regulations are being followed. She indicated all 10 tobacco license holders passed the compliance checks in May. The City thanks these businesses for following the proper regulations to assure that under-aged youth are not purchasing tobacco products. B. Reports of Staff. City Administrator Ericson noted a staff vehicle was involved in an accident. The vehicle was not worth repairing given its age and poor fuel economy. A replacement vehicle was proposed with $20,000 set aside within the budget. He indicated the City could purchase an Impala, Chevy Malibu and Ford Fusion through the State cooperator purchasing program. City Administrator Ericson explained the Malibu would meet the City’s needs, had a flex-fuel option and would cost $16,949. The damaged vehicle could be offered up for auction to assist with the expense. It was staff’s opinion that Council proceed with the purchase of a new vehicle. He noted the issue could be discussed in further detail at a work session meeting. Mounds View City Council May 23, 2011 Regular Meeting Page 13 Council Member Gunn was in favor of moving forward with the vehicle purchase. Council Member Mueller and Council Member Hull agreed. Council Member Stigney questioned which vehicle was damaged. City Administrator Ericson indicated the vehicle was a 2003 Crown Victoria. He did not anticipate the City would receive an insurance settlement as both drivers claim to have had the right-of-way. Council Member Stigney suggested the City move forward with an insurance claim before purchasing a new vehicle. City Administrator Ericson stated Staff would pursue this further. Council Member Stigney stated the City could use an outdated squad car versus purchasing a new vehicle. Mayor Flaherty noted the fuel economy was a concern to him. He requested staff follow up with the insurance claim. He was in favor of a new vehicle purchase if the City were to receive LGA funding. The Council majority was in favor of proceeding with the new vehicle purchase. City Administrator Ericson stated the public works department was proposing a change to the summer hour’s schedule. The public works staff would be working four 10 hour days and continue to be staffed Monday through Friday. The proposed schedule would have less overtime and fewer call backs. He questioned what the Council thought of the proposed staffing change. He noted the issue could be discussed further by the Human Resources Committee or at a future work session meeting. Council Member Stigney did not support the change. Council Member Hull stated the change would improve customer service in the City. He was in favor of going forward on a trial basis. Council Member Mueller suggested a trial basis be pursued as well. She questioned if the current union contract would be affected by this change. Public Works Director DeBar stated a memorandum of understanding would have to be drafted if the Council were to approve the change. Council Member Gunn was in favor of trying the new staffing schedule. She requested a detailed analysis of the staffing and cost savings to the City from Staff if this were to proceed. Mayor Flaherty was not in favor of the proposed change. He indicated studies have shown that effectiveness and efficiency of employees was lost after eight hours of working. Council Member Stigney questioned how the breaks would be affected by the new schedule. Public Works Director DeBar stated staff would maintain the one-half hour lunch break from Mounds View City Council May 23, 2011 Regular Meeting Page 14 11:00 to 11:30 a.m. He added that the proposed schedule change was brought about by the employees and not by Staff. Mayor Flaherty expressed concern about the employees not taking a morning or afternoon break. City Administrator Ericson stated Staff was aware of this concern as well and would take this into consideration. Council Member Stigney asked if the public works department would be short staffed on Mondays and Fridays. City Administrator Ericson explained that the department would be fully staffed Tuesday through Thursday and would have 12 staff members on Monday and 13 staff members on Friday. Public Works Director DeBar felt this was not an issue as the employees within the public works department were cross trained and would be able to properly meet the staffing needs. Mayor Flaherty suggested the public works employees work from 7:00 a.m. to 5:00 p.m. rather than 6:30a.m. to 4:30p.m. City Administrator Ericson indicated he would draft a memorandum of understanding to be reviewed by the Council at the first meeting in June. City Administrator Ericson stated the City had a pending grievance and the issue would be going to arbitration. He questioned if the Council would like to discuss this item further in closed session. Council Member Hull questioned the expense of arbitration. City Administrator Ericson estimated this expense to be $1,000. Council Member Hull recommended the City proceed with arbitration. Council Member Mueller and Council Member Gunn felt it made sense to move forward with arbitration. Council Member Stigney was not in favor of arbitration. Mayor Flaherty agreed stating the entire situation was disappointing. City Administrator Ericson stated there would be a Tri-City Meeting on Wednesday, May 25th at 7:00 p.m. at City Hall. He noted Blaine and Spring Lake Park City Councilmembers would be attending to discuss local issues. Staff questioned if the fire chief should attend to take questions and comments from the members present. Mayor Flaherty suggested any comments or questions be forwarded to the chief after the meeting. He recommended the cost sharing/joint purchasing program be discussed at the meeting. City Administrator Ericson reviewed the items planned for the June 6th work session meeting. Mounds View City Council May 23, 2011 Regular Meeting Page 15 Mayor Flaherty congratulated Dave Olson for being elected to the Hall of Fame for his work with the Cable Commission. Mayor Flaherty stated Council Member Carol Mueller was selected to serve on the nominating committee to assist in selecting League of Minnesota Cities Officers and the Board of Directors. Finance Director Beer indicated the Finance server crashed this past weekend due to the storm. The City of Roseville has created a virtual server to keep the City operating. He thanked the City of Roseville for assisting the City with their professional technical services. C. Reports of City Attorney. City Attorney Riggs had nothing additional to report. 12. Next Council Work Session: Monday, June 6, 2011, at 7:00 p.m. Next Council Meeting: Monday, June 13, 2011, at 7:00 p.m. 13. ADJOURNMENT The meeting was adjourned at 10:42 p.m. Transcribed by: Heidi Guenther TimeSaver Off Site Secretarial, Inc. Corrections/Revisions/Reviewed by Council Member Gunn, City Administrator Ericson and Assistant City Administrator Crane PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting June 13, 2011 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, June 13, 2011, City Council Agenda. MOTION/SECOND: Mueller/Hull. To Approve the Monday, June 13, 2011, agenda as presented. Ayes – 5 Nays – 0 Motion carried. 5. PUBLIC INPUT None. 6. SPECIAL ORDER OF BUSINESS A. Public Information Meeting for Stormwater Pollution Prevention Program (SWPPP) – Nick DeBar Public Works Director DeBar presented the Council with updated information on the City’s Stormwater Pollution Prevention Program (SWPPP). He indicated the City was to hold a public informational meeting annually. Public Works Director DeBar reviewed the goals of the SWPPP program and control measures in detail. He explained the City has a new “Adopt a Rain Garden” program to assist with maintaining and beautifying these areas. Public Works Director DeBar noted the City was responsible for cleaning City sewer lines once a year, along with relining and televising various lines. He further reviewed the activities of the Public Works Department over the past year explaining how each activity affected the stormwater system. Mounds View City Council June 13, 2011 Regular Meeting Page 2 Council Member Mueller requested the information provided this evening be posted on the City’s website. Public Works Director DeBar stated he would have it available under the public works page. Council Member Mueller questioned how residents should select phosphorous free fertilizer. Public Works Director DeBar explained that most fertilizers were now sold phosphorous free and that this change was improving the quality if the City’s lakes and ponds. In addition, residents can assist the City by keeping their leaves and grass clippings out of the streets. Council Member Gunn read through a list of simple steps homeowners can take to improve water quality throughout the community. She encouraged all residents to do their part to keep debris and chemicals from the City’s waterways. Finance Director Beer asked how much the SWPPP compliance plan has cost the City and if the State has assisted with this expense. Public Works Director DeBar estimated the City spends $200,000 a year on this unfunded mandate. However, this does protect the City from unnecessary flooding and increases the City’s water quality. 7. COUNCIL BUSINESS A. 7:05 p.m. Public Hearing, Resolution 7798, Amending a Planned Unit Development to Allow Indoor Recreational Uses in the Mounds View Business Park South, 2280-2298 Woodale Drive. Planning Associate Heller explained the City was requesting a PUD amendment to the Mounds View Business Park South to allow for indoor recreational uses. The business park was approved in 1989 and up until recently the site had been full. However, the site now has a great deal of vacant space. A request came before the City for a trampoline park which did not comply with the City’s code. Planning Associate Heller indicated the amendment would allow for a variety of recreational uses, such as roller skating rink, golf park, trampoline park, gymnastics space, etc. She indicated the Planning Commission reviewed this request at their June 1st meeting and was in favor of the amendment. Staff recommended approval of the PUD amendment as presented. Scott Nagel, the applicant from Zero Gravity Trampoline Park, reviewed his plans for the Mounds View Business Park South space. He noted trampoline parks were a new concept for the Midwest and provided a great opportunity for this light industrial space. It was explained the space would be used by an hourly rate and along with extra rooms for birthday parties. Mayor Flaherty opened the public hearing at 7:45 p.m. Hearing no public input, Mayor Flaherty closed the public hearing at 7:45 p.m. Council Member Mueller asked if food or beverages would be served on site. Mr. Nagel Mounds View City Council June 13, 2011 Regular Meeting Page 3 explained that vending machines could be on-site but all other food for birthday parties would have to be catered to the site. Council Member Mueller questioned if there would be an age restriction within the park. Mr. Nagel stated legal waivers have to be signed by a parent in order for children to use the park. He further explained that his organization would have the necessary insurance on the facility. Council Member Stigney asked if the PUD amendment covered all the insurance requirements for recreational uses. Planning Associate Heller indicated the building owners would regulate the insurance required for the facility. Council Member Hull inquired how many employees would be needed for the use. Mr. Nagel estimated 25-30 employees would be needed at the trampoline park. Council Member Gunn questioned when the facility would be open and ready for use. Mr. Nagel hoped to have the doors open in four to five months. He stated November 1st was the goal. Mayor Flaherty asked what type of signage would be placed on the building. Mr. Nagel stated this was limited within the lease and he would have to follow those guidelines. MOTION/SECOND: Gunn/Mueller. To Waive the Reading and Adopt Resolution 7798, Amending a Planned Unit Development to Allow Indoor Recreational Uses in the Mounds View Business Park South, 2280-2298 Woodale Drive. Ayes – 5 Nays – 0 Motion carried. B. Continued Public Hearing, Resolution 7786, a Resolution to Consider an On- Sale Wine and 3.2 Walt Liquor License Renewal for Taiko Sushi Bar located at 2394 County Highway 10. Assistant City Administrator Crane stated this was a continued public hearing from the May 23rd City Council meeting. The City Council continued the public hearing to allow the owner to be present this evening to speak further on the delinquent property tax and public utility bills. She reported the delinquent utility bill was paid on May 31st in full. However, Taiko Sushi Bar still had $42,390.97 in outstanding property taxes. Staff recommended the liquor license be denied at this time. Council could opt to approve the license with conditions. Mayor Flaherty noted the public hearing was being continued from the May 23rd meeting. Robert Norell, 1842 Long Lake Road, New Brighton, indicated he was the first customer at Taiko Sushi Bar and continues to be a weekly customer. He noted he was speaking for the owner of Taiko Sushi, Scott, as communication was difficult for him. Mr. Norell stated that new businesses in the community have drastically affected the Taiko Sushi Bar. His business has been cut in half by 50%. Mr. Norell stated the clientele at Taiko appreciate the quality of food provided and want to keep the establishment fully operational. He explained that only 10% of Mounds View City Council June 13, 2011 Regular Meeting Page 4 the profits from the restaurant were from liquor sales. Mr. Norell indicated that Scott has made changes in personnel and was working long hours to keep his restaurant vibrant in the community. Sharon Lowery-Johnson, resident of New Brighton, noted she was also a loyal customer to Taiko Sushi bar. She stated she was proud of his establishment and the quality of the food he provided. Ms. Lowery-Johnson felt he had the best sushi in the Twin Cities. She requested the Council work with the owner to keep him operating as is. Hearing no additional public input, Mayor Flaherty closed the public hearing at 8:02 p.m. Council Member Hull questioned if the owner had a payment plan for the outstanding property taxes. Scott Suh, Taiko Sushi Bar, explained he has spoken with the State regarding his pay back options. As long as he continues to make payments on previous years, the State would give him two years. Council Member Gunn suggested the owner post a sign outside the restaurant with the hours of operation to encourage passer-bys to stop in. Council Member Mueller asked if a partner or bank would be interested in investing in the restaurant to assist with the current situation. Mr. Suh stated he has spoken with a bank and at this time restaurants were seen as a risky investment. He noted he would continue to seek an investment partner. Council Member Mueller stated that without a repayment plan in place the City would not be able to allow the liquor license to be renewed. Council Member Gunn indicated the restaurant would be able to function as is, without being allowed to serve alcohol. Mr. Suh felt this would be a hardship as some of his customers expect a certain level of service with their sushi. Mr. Norell stated all liquor proceeds could go to assist with paying off the outstanding property taxes. Mayor Flaherty explained the Council was willing to work with its business owners. However, without a viable repayment plan, it would be difficult for the Council to proceed. He questioned if Mr. Suh had made any attempts to date. Mr. Suh stated he was saving to make repayments on the 2009 taxes. Mayor Flaherty questioned when the City could provide a new license. City Administrator Ericson stated the taxes would have to be paid in full before a new liquor license could be issued. Mayor Flaherty stated that the Council has worked with businesses in the past if the owners were making payments on a regular basis on the outstanding balance of property taxes. He would not be in favor of approving the renewal at this time until the owner had a repayment plan in place and was making regular payments. Mounds View City Council June 13, 2011 Regular Meeting Page 5 MOTION/SECOND: Flaherty/Mueller. To Waive the Reading and Adopt Resolution 7786, a Resolution Denying an On-Sale Wine and 3.2 Walt Liquor License Renewal for Taiko Sushi Bar located at 2394 County Highway 10. Council Member Hull stated the liquor license could be granted for one year allowing him to make incremental progress through 2011. He felt denying the liquor license could have a negative effect on the business. Ayes – 4 Nays – 1 (Hull) Motion carried. C. Continued Public Hearing, Resolution 7785, a Resolution to Consider an On- Sale Intoxicating Liquor License Renewal for Robert’s Sports Bar and Entertainment located at 2400 County Road H2. Assistant City Administrator Crane explained this was a continued public hearing from the May 23rd City Council meeting. She was happy to report the City has received a full application from Robert’s Sports Bar including all applicable permit fees. She noted the liquor license would be contingent on full payment of an outstanding utility bill amounting to $852.83. In addition, the City was waiting for a satisfactory background check from the Minnesota Bureau of Crimminal Apprehension. Staff recommended approval of the liquor license with conditions. Hearing no public input, Mayor Flaherty closed the public hearing at 8:25 p.m. Council Member Gunn questioned if there was any indication Robert’s would be paying the outstanding utility bill. Assistant City Administrator Crane noted the amount could be assessed to Robert’s property taxes as this has been done in the past. Council Member Mueller asked if there would be a disruption in service given the tight deadline for the license renewal. Assistant City Administrator Crane stated she was confident that she could complete the necessary steps to ensure that there was not a lapse in the license. MOTION/SECOND: Stigney/Hull. To Waive the Reading and Adopt Resolution 7785, a Resolution to Consider an On-Sale Intoxicating Liquor License Renewal for Robert’s Sports Bar and Entertainment located at 2400 County Road H2. Ayes – 5 Nays – 0 Motion carried. D. Continued Public Hearing, Resolution 7784, a Resolution to Consider an On- Sale Intoxicating Liquor License Renewal for Moe’s located at 2400 County Highway 10. Assistant City Administrator Crane stated this was a continued public hearing from the May 23rd City Council meeting. She reported no action was necessary this evening as no application or fees have been received from Moe’s. If an application was not received before the June 27th City Council meeting the license would lapse. Mounds View City Council June 13, 2011 Regular Meeting Page 6 MOTION/SECOND: Flaherty/Stigney. To Postpone Action on the On-Sale Intoxicating Liquor License Renewal for Moe’s located at 2400 County Highway 10 to the June 27th City Council meeting. Ayes – 5 Nays – 0 Motion carried. E. Resolution 7800, Reapproving the Select Senior Living Final Plat. Planning Associate Heller stated Select Senior Living wanted to complete their project in the City of Mounds View. However, the bond market has not cooperated and they were still waiting to complete the final sale on bonds. The final plat has not been recorded. For this reason, Select Senior Living was requesting the Council to reapprove the final plat at this time. Council Member Mueller questioned if the Rice Creek Watershed needed to review this plat before the City granted reapproval. Planning Associate Heller stated the plan would be approved administratively through the Rice Creek Watershed before beginning as nothing has changed with the plat. Mayor Flaherty suggested a City fee be written into reapproving plat fees to assure that staff time was being covered. MOTION/SECOND: Gunn/Mueller. To Waive the Reading and Adopt Resolution 7800, Reapproving the Select Senior Living Final Plat. Ayes – 5 Nays – 0 Motion carried. 8. CONSENT AGENDA A. Resolution 7799, Approving Mounds View Business Licenses. MOTION/SECOND: Gunn/Hull. To Approve the Consent Agenda as presented. Ayes – 5 Nays – 0 Motion carried. 9. JUST AND CORRECT CLAIMS Finance Director Beer answered the Council's questions related to claims. MOTION/SECOND: Mueller/Hull. To Approve the Just and Correct Claims as presented. Ayes – 5 Nays – 0 Motion carried. 10. APPROVAL OF MINUTES A. May 9, 2011, City Council Meeting Minutes. Mounds View City Council June 13, 2011 Regular Meeting Page 7 MOTION/SECOND: Gunn/Mueller. To Approve the May 9, 2011, City Council meeting minutes as presented. Ayes – 5 Nays – 0 Motion carried. 11. REPORTS A. Reports of Mayor and Council. Mayor Flaherty reported a toddler died at the Shoreview Chiropractic Clinic last Thursday and was a resident of Mounds View. This was a tragic accident and a trust fund has been established by National Finance Services in Cambridge, Minnesota. He stated the City’s thoughts and prayers were with this family. Mayor Flaherty read a letter received from Jennifer Jackson regarding the construction on Jackson Drive and the professionalism of the construction workers. He thanked her for the letter. Mayor Flaherty reviewed the median home sales for the City of Mounds View stating there were eight homes sales already in 2011. He stated there were only six home sales in 2010. Council Member Mueller reported the Irondale High School graduation was last week. She noted she attended the Mounds View Business Council meeting last Wednesday where Ramsey County Commissioner Tony Bennett provided an update on the TCAAP property and valuable information on the proposed development with the Minnesota Vikings. Council Member Mueller apologized for not being able to attend the recent Corvette Specialties Car Show this past weekend. She heard it was a wonderful event and looked forward to the next event at the State Fair Grounds. Council Member Mueller encouraged all to attend the Festival in the Park on Saturday, August 20th. Council Member Mueller stated she would be attending the League of Minnesota Cities conference in Rochester this coming Thursday through Saturday. She would report back to the Council at a future meeting on the event. B. Reports of Staff. City Administrator Ericson indicated he had drafted a letter to the Ramsey County Commissioners regarding the potential development of the TCAAP site with the Minnesota Vikings. The letter addressed noise issues, environmental issues, access, etc. This could be further discussed in work session as well. Council Member Stigney recommended air quality issues be addressed within the letter as the air quality has been changed from good to fair in the north metro area. In addition, payment for the development should be addressed. He did not want to see the County circumvent the Charter requirements. Mounds View City Council June 13, 2011 Regular Meeting Page 8 Council Member Gunn indicated the work being completed by MnDOT to reduce “bottlenecks” on I-694 and 35W should improve the City’s air quality. Council Member Hull and Council Member Mueller approved of the letter as is. Council Member Gunn expressed concern that the letter was not presented in the proper manner and would be seen as comments instead of questions. Mayor Flaherty stated the City was expecting a response from the County based on the comments and questions within the letter. City Administrator Ericson indicated the questions stated would require a response. Council Member Mueller noted Rosedale was in favor of the one-half of one percent increase in sales to assist with funding the stadium. The Council was in favor of moving forward with the letter. City Administrator Ericson stated the City received information on a new performance measurement program from the State Auditor’s office. The City could receive reimbursement if it were to proceed with this program and a resolution of participation could be reviewed at the next Council meeting. The estimated reimbursement was $1,700. He questioned how the Council would like to proceed with this program, noting the City could complete the polling without participating in the program as well. Mayor Flaherty did not feel the reimbursement amount would cover the expense of the City to gather the necessary information. The Council was not in favor of participating in the performance measurement program. City Administrator Ericson stated the employee appreciation event was held last week. He felt the City has a wonderful group of employees. C. Reports of City Attorney. City Attorney Riggs had nothing additional to report. 12. Next Council Work Session: TUESDAY, July 5, 2011, at 7:00 p.m. Next Council Meeting: Monday, June 27, 2011, at 7:00 p.m. Mounds View City Council June 13, 2011 Regular Meeting Page 9 13. ADJOURNMENT The meeting was adjourned at 9:15 p.m. Transcribed by: Heidi Guenther TimeSaver Off Site Secretarial, Inc.