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HomeMy WebLinkAboutAgenda Packets - 2010/01/25CITY OF MOUNDS VIEW CITY COUNCIL MEETING AGENDA MOUNDS VIEW CITY HALL Monday, January 25, 2010 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 A. Kara Wattunen, Miss Ramsey County International 2010 7. COUNCIL BUSINESS A. 7:05pm Public Hearing to Consider Resolution 7566, a Conditional Use Permit Amendment for Saturn of St. Paul, 2375 Highway 10. B. Public Hearing to Consider Revocation of an On-Sale Intoxicating Liquor License at Moe’s, located at 2400 County Highway 10. C. Resolution 7565, Adopting a Special Assessment Levy for Unpaid Administrative Offense Fines. D. Resolution 7564, Authorizing a Water Tower and Ground Space Lease with Clear Wireless, LLC. E. Resolution 7567, Approving the Hire of Gregory Neumann as Mounds View Police Officer. F. Resolution 7568, Authorization to Advertise and Recommend a Candidate for Hire for the Public Service Officer (PSO) opening in the Mounds View Police Department. G. Schedule Executive Sessions of the City Council to (1) Review Labor Negotiations and (2) Review the Performance of the Clerk-Administrator 8. CONSENT AGENDA A. Licenses for Approval B. Resolution 7569, Authorizing Vacation Severance for PSO Tyler Martin. C. Resolution 7570, Approving a Waiver to Vacation Carry-Over Policy. 9. JUST AND CORRECT CLAIMS 10. APPROVAL OF MINUTES - NONE 11. REPORTS A. Reports of Mayor and Council B. Reports of Staff 1. 2009 Community Development Annual Report 2. Administrator Report C. Reports of City Attorney 12. Next Council Work Session: Monday, February 1, 2010, at 7:00 p.m. Next Council Meeting: Monday, February 8, 2010, at 7:00 p.m. 13. Recess into Closed Session (Council will adjourn meeting from Closed Session.) CITY OF MOUNDS VIEW CITY COUNCIL MEETING AGENDA MOUNDS VIEW CITY HALL Monday, January 25, 2010 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 A. Kara Wattunen, Miss Ramsey County International 2010 7. COUNCIL BUSINESS A. 7:05pm Public Hearing to Consider Resolution 7566, a Conditional Use Permit Amendment for Saturn of St. Paul, 2375 Highway 10. B. Public Hearing to Consider Revocation of an On-Sale Intoxicating Liquor License at Moe’s, located at 2400 County Highway 10. C. Resolution 7565, Adopting a Special Assessment Levy for Unpaid Administrative Offense Fines. D. Resolution 7564, Authorizing a Water Tower and Ground Space Lease with Clear Wireless, LLC. E. Resolution 7567, Approving the Hire of Gregory Neumann as Mounds View Police Officer. F. Resolution 7568, Authorization to Advertise and Recommend a Candidate for Hire for the Public Service Officer (PSO) opening in the Mounds View Police Department. G. Schedule Executive Sessions of the City Council to (1) Review Labor Negotiations and (2) Review the Performance of the Clerk-Administrator 8. CONSENT AGENDA A. Licenses for Approval B. Resolution 7569, Authorizing Vacation Severance for PSO Tyler Martin. C. Resolution 7570, Approving a Waiver to Vacation Carry-Over Policy. 9. JUST AND CORRECT CLAIMS 10. APPROVAL OF MINUTES - NONE City Council Agenda Monday, January 25, 2010 Page 2 11. REPORTS A. Reports of Mayor and Council B. Reports of Staff 1. 2009 Community Development Annual Report 2, Administrator Report C. Reports of City Attorney 12. Next Council Work Session: Monday, February 1, 2010, at 7:00 p.m. Next Council Meeting: Monday, February 8, 2010, at 7:00 p.m. 13. Recess into Closed Session (Council will adjourn meeting from Closed Session.) CITY OF MOUNDS VIEW CITY COUNCIL MEETING AGENDA MOUNDS VIEW CITY HALL Monday, January 25, 2010 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 A. Kara Wattunen, Miss Ramsey County International 2010 7. COUNCIL BUSINESS A. 7:05pm Public Hearing to Consider Resolution 7566, a Conditional Use Permit Amendment for Saturn of St. Paul, 2375 Highway 10. B. Public Hearing to Consider Revocation of an On-Sale Intoxicating Liquor License at Moe’s, located at 2400 County Highway 10. C. Resolution 7565, Adopting a Special Assessment Levy for Unpaid Administrative Offense Fines. D. Resolution 7564, Authorizing a Water Tower and Ground Space Lease with Clear Wireless, LLC. E. Resolution 7567, Approving the Hire of Gregory Neumann as Mounds View Police Officer. F. Resolution 7568, Authorization to Advertise and Recommend a Candidate for Hire for the Public Service Officer (PSO) opening in the Mounds View Police Department. G. Schedule Executive Sessions of the City Council to (1) Review Labor Negotiations and (2) Review the Performance of the Clerk-Administrator 8. CONSENT AGENDA A. Licenses for Approval B. Resolution 7569, Authorizing Vacation Severance for PSO Tyler Martin. C. Resolution 7570, Approving a Waiver to Vacation Carry-Over Policy. 9. JUST AND CORRECT CLAIMS 10. APPROVAL OF MINUTES - NONE City Council Agenda Monday, January 25, 2010 Page 2 11. REPORTS A. Reports of Mayor and Council B. Reports of Staff 1. 2009 Community Development Annual Report C. Reports of City Attorney 12. Next Council Work Session: Monday, February 1, 2010, at 7:00 p.m. Next Council Meeting: Monday, February 8, 2010, at 7:00 p.m. 13. Recess into Closed Session (Council will adjourn meeting from Closed Session.) Item No: 7A Meeting Date: January 25, 2010 Type of Business: Public Hearing Administrator Review: ________ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Heidi Heller, Planning Associate Item Title/Subject: Public Hearing for Consideration of Resolution 7566, a Conditional Use Permit Amendment for Saturn of St. Paul, 2375 Highway 10; Planning Case CM2009-001 Introduction: The applicant, Jim Price, representing Saturn of St. Paul, is requesting approval of an amendment to an existing conditional use permit. The owners of Saturn want the City to remove an existing City condition that states, “The dealership in operation on this property shall maintain a new car sales license at all times” (Resolution 5042). Discussion: The Saturn car dealership at the corner of Highway 10 and County Road H2 has been in Mounds View since 1992. Saturn Development built the dealership and has expanded the business twice. Due to the recent problems in the auto industry, General Motors (GM) informed St. Paul Saturn’s parent company, the Rydell Group, that they are discontinuing the Saturn brand in October 2010. All of the Saturn of St. Paul locations will continue to sell new Saturn cars until then. After that, the owners will have to make changes to the operation in order to keep the Mounds View dealership open. The city code allows motor vehicle sales businesses in the B-3 zoning district as a conditional use. There have been two City resolutions for their conditional use permit over the years regarding the Saturn dealership. The first resolution for the initial development of the property for a dealership was in 1991, and then in 1996 the City amended the CUP to allow for a building expansion and additional uses on the site. The owners delayed implementing their approved 1996 expansion plan for two years, and the City Council reapproved them in 1998. There are many conditions of approval in the resolutions, one of which would be an issue for the property owners after GM discontinues the Saturn brand. Resolution 5042, Condition #14 – “The dealership in operation on this property shall maintain a new car sales license at all times.” The Saturn of St. Paul owners are requesting an amendment to their conditional use permit to remove this condition so that their Mounds View dealership can remain open. They like Mounds View and want to keep their business open, but at this time, they cannot guarantee being able to bring a new car franchise to this location. However, they are ready to move forward with changes to this location if the City approves their request. The Mounds View Saturn dealership has an opportunity to become a “Motor Trend Certified Advantage” dealership. Since 1949, Motor Trend has been a very popular and widely subscribed to auto magazine. In January 2009, they introduced a certified used car program to dealers. The new Motor Trend dealerships are a Certified Pre-Owned Vehicle Program. The other two local Saturn of St. Paul dealerships will be changed to another car brand, but the Mounds View store cannot switch to a different (existing United States) new car brand Saturn CUP Amendment Report January 25, 2010 Page 2 due to various rules, such as being a minimum distance away from other car dealers. There are some small auto manufacturers that want to begin selling their vehicles in the United States, and Saturn of St. Paul may be able to add one of these brands to the Mounds View location. If this were to work out, their plan would be to sell the new car brand along with the used vehicles in the Motor Trend program. The Rydell Group (St. Paul Saturn’s parent company) owns many dealerships in several states. In the Twin Cities area, they also own the “Apple Auto Group” dealers in the south metro. Their Apple Valley Ford locations in Apple Valley and Shakopee have both added the Motor Trend program to their stores. Their website has information and a video about the Motor Trend program (www.appleautos.com). Motor Trend’s program website address is www.motortrendcertified.com. CUP Considerations: The City reviews and addresses a conditional use permit amendment just as a regular conditional use permit. Chapter 1125 of the Zoning Code requires that the Planning Commission review and address any potential adverse effects which include, but are not limited to, relationship with the Comprehensive Plan, geographical area involved, potential depreciation, the character of the surrounding area and the demonstrated need for such a use. Each of these potential adverse effects is addressed below. Relationship with the Comprehensive Plan. Saturn’s property is zoned B-3, Highway Business. If the City approves the requested conditional use permit amendment, it would remain in line with the “Highway Business” land use designation for this property. The Location and Character of the Surrounding Area. Saturn is surrounded by Highway 10, County Road H2, and the partially vacant lot owned by Multi-Tech. There is one business (Vino & Stogies) and several residential properties across County Road H2 from this location and across Highway 10 are the Taiko Japanese Restaurant, the former Premium Stop vacant site, the self-serve car wash, and two other vacant commercial properties. The land directly adjacent to the east is a partially vacant lot owned by Multi-Tech, which has a light industrial PUD (Planned Unit Development) zoning designation. The proposed amendment should not cause much change to the business as it currently exists and it should not negatively affect the character of the surrounding area. Depreciation. Since the surrounding area is mostly commercial and vacant land, the proposed amendment should result in little, if any, adverse effect upon the surrounding area. This amendment would not change the type of business operating here, only that they may not be selling new cars here. When Saturn Development built this dealership, they planted pine trees along County Road H2 as screening for the nearby residential properties. These trees are quite tall now and provide much screening for the properties across the street. The Demonstrated Need for Such a Use. Due to the discontinuation of the Saturn brand of vehicles and the rules that prevent another existing new car brand to open in the Mounds View location, force the owners of Saturn of St. Paul to change the type of vehicles they would be selling in order to keep this location open. Saturn CUP Amendment Report January 25, 2010 Page 3 Summary: The Planning Commission unanimously voted to recommend approval of this CUP amendment on January 6, 2010. The Planning Commission stated that Saturn has been a good business in the community, they provide a good service and keep their property well maintained. The value of this property per Ramsey County is $2,119,000 with $70,152 in taxes paid in 2009. Due to the large size and high value, this property could not be easily sold to just anyone wanting to own and operate a car dealership. The Saturn of St. Paul owners have sold the property they purchased in Blaine and have told staff that they are committed to their Mounds View location. Recommendation: It appears that amending the conditional use permit to remove the condition requiring the dealership to maintain a new car license would have no adverse impacts and would be consistent with the Comprehensive Plan. Staff supports this conditional use permit amendment. After holding the public hearing, taking testimony from staff and the applicant, the Council can take one of the following actions related to the request: 1. Approve the conditional use permit amendment. Resolution 7566 is attached if the Council chooses this action. 2. Deny the conditional use permit amendment. If the Council selects this option, Staff would need Council direction to prepare a resolution of denial with findings of fact appropriate to support the denial. 3. Table the request. If the Council needs additional information before making a decision or if they believe there is a need for more discussion about the proposal, the Council can move to table the request until they are provided with such information. 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. Letter from Applicant 4. Information about Motor Trend program 5. Resolutions 4195 and 5042 6. City Council Resolution 7566 Zoning Map Saturn Properties not bearing a designation are zoned R-1, Single Family Residential Aerial View Saturn Letter from Applicant file:////trout/CommDev/Planning Cases/CM09-001 Saturn of St. Paul/public comment -Young.htm[1/21/2010 10:01:22 AM] From: shawn young [syoung78@hotmail.com] Sent: Thursday, January 21, 2010 9:57 AM To: Heidi Heller Subject: public comment To: the City Council Members of Mounds View From: Shawn and Stephanie Young residing at 5290 Pinewood Court Regarding: Used Car License permit application for the former Saturn dealership It is our opinion that the current Saturn dealership is a well managed and well maintained property. We would be in favor of granting them a used car license contingent upon annual review and/or management change. We do not wish to set a precedent for this property to be sold to another used car franchise for fear of blight. Also, should the current tenants leave, we can not envision another type of business operating at this intersection, especially a bar/tavern. Our only concern with this property is that the car wash dryers are extremely noisy, and we would ask that the hours of operation be limited, especially in the early morning hours, late evenings, and on Saturdays. An alternative to this proposal would be for the car wash orientation to be switched such that the dryers are not towards the residential neighborhood. We appreciate the opportunity to be heard on this matter. Regards, Shawn and Stephanie Young and Family. Hotmail: Free, trusted and rich email service. Get it now. Hotmail: Powerful Free email with security by Microsoft. Get it now. Hotmail: Free, trusted and rich email service. Get it now. RESOLUTION NO. 7566 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING AN AMENDMENT TO THE CONDITIONAL USE PERMIT TO REMOVE THE REQUIREMENT OF MAINTAINING A NEW CAR LICENSE FOR SATURN OF ST. PAUL, 2375 HIGHWAY 10; PLANNING CASE CM2009-001 WHEREAS, the Mounds View City Council approved Resolution 5042 for a conditional use permit amendment for a second building expansion and additional uses at the Saturn car dealership on November 25, 1996, then modified and re-adopted the resolution on December 9, 1996; and, WHEREAS, the Saturn car dealership, located at 2375 Highway 10 is zoned B-3, Highway Business; and, WHEREAS, the Mounds View Zoning Code conditionally allows motor vehicle sales in B-3 zoning districts; and, WHEREAS, the applicant has requested that the condition of requiring the dealership to maintain a new car license at all times 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, 2375 Highway 10, is zoned B-3, Highway Business. 2. The Future Land Use Map from the City’s Comprehensive Plan designates this area as Mixed-Use Planned Unit Development. 3. The new car dealership in operation at 2375 Highway 10 sells Saturn brand vehicles, but the manufacturer is discontinuing this car brand in October 2010, forcing the Saturn of St. Paul owners to make changes otherwise they will have to close the business. 4. The property at 2375 Highway 10 is within the City’s primary commercial corridor and as such, closed and vacant businesses are not desirable. 5. The applicant has sufficiently demonstrated that they must change the type of vehicles sold at this dealership, and that they cannot guarantee being able to sell another new brand of cars. Resolution 7566 Page 2 6. The approval of this conditional use permit amendment would not change the type of business operating on this site, and should have no affects on the surrounding area. 7. There does not appear to be any adverse effects associated with this proposed conditional use permit amendment for Saturn of St. Paul. NOW, THEREFORE, BE IT FINALLY RESOLVED that the Mounds View City Council approves the conditional use permit amendment for the Saturn of St. Paul dealership to remove the requirement stating that the dealership must maintain a new car license at all times, with the following condition: 1. This Conditional Use Permit (CUP) amendment shall be reviewed by the City Council if the property is sold, or if the owner proposes a major change to the site or to the business. Adopted this 25th day of January, 2010. _____________________________________ Joe Flaherty, Mayor ATTEST: _____________________________________ James Ericson, Clerk-Administrator (SEAL) Item No: 07B Meeting Date: January 25, 2010 Type of Business: CB City Administrator Review: _______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, Clerk-Administrator Item Title/Subject: Hearing to Consider Possible Revocation of the On-Sale Intoxicating Liquor License For JWM Investments, Inc., Doing Business as Moe’s, Located At 2400 County Road10 Background: The City Council last reviewed the status of the Moe’s liquor license and status of property tax payments on October 26, 2009. At that meeting, which was attended by Jeff Moritko, owner of Moe’s, the City Council approved Resolution 7513 which approved an alternative property tax payment plan requiring payment of all delinquent property taxes by May 1, 2010. The resolution also included a requirement that Mr. Moritko have paid at least $20,000 toward the delinquent tax balance by January 11, 2010. Staff consulted with Ramsey County on January 11 and determined that Mr. Moritko had not satisfied this requirement. On January 13, 2010, staff sent a letter to Mr. Moritko informing him that he was not in compliance with the agreement entered into on October 26th and notifying him of the hearing scheduled for January 25, 2010. Discussion: Ramsey County property records continue to indicate that the property taxes associated with Moe’s remain delinquent, and that since October 26, 2009, only $12,485 has been paid. While Mr. Moritko readily acknowledges that he remains delinquent on property tax payments, he submitted documentation for Council consideration which outlines other tax payments that have been made since the October 26th meeting. (See attached correspondence from Mr. Moritko, dated January 6, 2010.) In his correspondence, Mr. Moritko requests the Council consider revised terms, outlined as follows: 1. Allow an extension to June 2010 for full payment of all delinquent property taxes (including all penalties and interest due) for property tax prior to 2010. 2. Continue to keep the City Council informed through City Administrator as to the status of our payments and our progress on a monthly basis. 3. Continue to stay current with Sales Tax on a monthly basis. Mr. Moritko indicates the he, his employees and his family needs the extension to continue rebuilding his business in the midst of a devastating economic climate. He indicates that they have made many “cost saving” measures and maintain a positive outlook toward the future, but more time is needed without the constant pressure of potential license suspension and revocation to attract new business and grow the existing customer base. Moe’s Liquor License Report January 25, 2010 Page 2 As the City Council is aware, staff is working with the City Attorney’s office to redraft the liquor license chapters. One of the issues to be considered is whether payment of property taxes should be one of the license requirements, and whether such delinquency at any point during the license period should trigger a suspension or revocation action. No other business type in the City—licensed or otherwise—is required to be current on property taxes as a condition of operating within the City. In my opinion, license revocation would seem to be a disproportional consequence for an action unrelated to the nature of the licensed business. A revision of the liquor code might include general actions and conditions such as the following as triggers to consider license suspension or revocation: • Sale of alcohol to minors • Excessive calls for service • Criminal activity • Nuisance Code violations • After-hours sales • Sale to intoxicated patrons A draft of the liquor code revisions is anticipated for Council review at the March worksession. Summary: The payment plan for the delinquent property taxes associated with Moe’s was approved by the Council on October 26, 2009. The agreement required that the delinquent taxes be paid by May 1, 2010, with $20,000 paid no later than January 11, 2010. Mr. Moritko fell short of the January 11 goal and requests that the paid-in-full deadline of the delinquent property taxes be extended to June 14, 2010. Recommendation: While Resolution 7557 has been prepared which would revoke the on-sale intoxicating liquor license for Moe’s at 2400 County Road 10 as of January 26, 2010, the City Council should discuss whether such a revocation action would be in the best interest of the community and whether the penalty is reasonable given the present economic climate. While the January 11 deadline was not met, the owner is making progress toward payment of property tax delinquencies and has fully satisfied the Department of Revenue tax obligations which previously precluded the owner form purchasing alcohol. If the Council chooses to NOT revoke the Moe’s liquor license, a resolution would be available for action that would extend the deadline for payment of delinquent property taxes consistent with the license period, which expires June 30, 2010. Respectfully submitted, _________________________ James Ericson Clerk-Administrator January 6, 2010 Jim Ericson Clerk - Administrator City of Mounds View 2401 County Road 10 Mounds View, MN 55112 RE: Delinquent Property Tax I am writing at this time in an effort to postpone the public hearing scheduled for Monday January 11, 2010 regarding suspension and/or revocation of my liquor license and re-schedule it for January 25, 2010. I firmly believe I will be able to demonstrate that the hearing will be unnecessary and I am outlining several reasons why it is not needed and I will outline several areas where progress has been made and is continuing to be made everyday. PROGRESS I. In the calendar year of 2009 I have paid $19,378.79 on PIN #08.30.23.23.005. The PIN address and “property tax” is current through 2009. This PIN number represents approximately half of the property I own where Moe’s is located. This amount does not include over $1,000 paid in penalty and interest. II. In the calendar year of 2009 I have paid $4,118 on PIN #08.30.23.24.0059. This Pin number represents the other half of the property where Moe’s is located. As you can see, I have paid $23,496.79 in property tax in 2009. III. Since September 2009 through December 31, 2009 I paid $91,000 in Sales Tax. This amount represents the sales tax for the months of August, September, October and November of 2009 plus the past-due with penalty and interest. IV. Although I recognize I am short of the $20,000 pledge for 1-11-10, I have paid $5,300 and will make another payment next week. The loan I secured for the payment of Sales Tax Delinquencies has come with a “high” price tag and is tied to daily Credit Card Sales. Because of which, I am paying back the loan at a much faster rate than anticipated, that has taken some “cash flow” earmarked for Property Tax. ADDITIONAL INFORMATION A. We employ 50+ full and Part-time employees and 90% of those employees live within a 5 mile radius of Moe’s. All of which either own their home or pay rent within the same 5 mile radius of Moe’s. Our payroll for 2009 was $533,649.22 and in addition we paid $82,765 in Payroll Taxes and Health Care to the various employees. B. In 2009 we experience a 2nd “minimum wage” increase to $7.25. This increase costs Moe’s $45,000 in additional wages not planned for or recouped. We desperately need “tip credit” in Minnesota. (39) States have it and our neighboring states have it. C. Based on our sales figures for 2009, our credit card fees have continued to rise based on credit card usage growing from approximately 50% in 2008 to just over 90% in December of 2009. The average fee is approximately 3% so therefore we have lost 3% of the income on the additional 40% increase in credit card sales. For us at Moe’s that meant a LOSS IN INCOME due to credit card fee’s of $21,000 in 2009. D. Moe’s experienced a $178,000 dollar decrease in sales from 2008 to 2009. As you can see, we had to endure a $66,000 “Loss in Revenue” due to increase fee’s and taxes through no fault of our own. We could not plan for it or save for it. There have been many changes that have contributed to my delinquent property tax status. As I have pointed out we have experienced a downturn in sales, increase costs, increased taxes, fee’s, etc: Paid Property Tax (as of 1/7/10) $23,496.79 Paid Sales Tax (as of 1/7/10) $91,000 + $56,000 (paid Jan. – May) Loss income due to Minimum Wage $45,000 Loss income due to CC fee’s $21,000 Approximate TTL: $236,496.79 The only reason we are still alive and battling day-to-day is because I have emptied out all my savings, created 2nd mortgages against my home, emptied out my kids mutual funds, had a investment property foreclosed upon and worked for free since July of this year. PROPOSED PLAN – JANUARY 2010 1. I am requesting an extension to June 2010 with Full Payment by June 14, 2010 of all delinquent property taxes including all penalties and interest due for property tax prior to 2010. 2. I will continue to keep the city council informed through Jim Erickson as to the status of our payments and our progress on a monthly basis. 3. I will continue to stay current with Sales Tax on a monthly basis. 4. I, my employees and my family need this extension to continue rebuild from a very devastating business climate of the last 2 years. We have made many “cost saving” measures and are extremely positive about the future, but we need some time (without the constant pressure of deadlines) to go out and attract new business along with securing the customer base and business we do have. I will pledge that I will honor this request and I will put some teeth into it. If I haven’t full- filled my pledge to have all delinquent property taxes paid by the Council meeting on June 14, 2010 – I will not re-apply for my liquor license for 2010. There will be no need for a Public Hearing to consider revocation or suspension. I have expressed and shown my commitment to the City of Mounds View and this extension allows a Mounds View business and business-owner to survive and not close it’s doors. The potential closing of Saturn across the street is of great concern to me and I’m guessing to the City Council as well, another potential business closing in the same area could be very damaging to the community. I am a victim of a horrible economy, changes in laws and an over-zealous attempt to repay my debt. I am a community person who donates tens of thousands of dollars to local high schools like Totino-Grace, Irondale and Mounds View. We open up our restaurant for Fundraisers for these schools, local Cub Scouts, Mounds View Residents and continue to support the Mounds View Community Theater, Mounds View “Festival In The Park”, Mounds View City Parade, etc. etc. etc. I know we are exactly the type of business you want here in Mounds View. Thank you for your consideration, Sincerely, Jeff Moritko RESOLUTION NO. 7557 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA A RESOLUTION REVOKING THE ON-SALE INTOXICATING LIQUOR LICENSE FOR JWM INVESTMENTS, INC., D/B/A MOE’S, LOCATED AT 2400 HIGHWAY 10 NE WHEREAS, the City Council of the City of Mounds View has issued an on-sale intoxicating liquor license to JWM Investments, Inc. d/b/a Moe’s (the “License Holder”), located at 2400 Highway 10 NE (the “Property”); and WHEREAS, the License Holder is currently delinquent in its payment of property taxes for the Property; and WHEREAS, the License Holder has also been found by the Minnesota Department of Public Safety – Alcohol and Gambling Enforcement to be in violation of Minnesota Statutes Section 340A.415, when it purchased alcohol from another retailer for the purpose of resale while being on the Minnesota Department of Revenue Liquor Posting Tax Delinquent List; and WHEREAS, Section 502.04, subdivision 26 of the City Code requires that liquor licenses not be granted for operation on any premises on which taxes, assessments, utility bills or other financial claims of the municipality are delinquent or unpaid; and WHEREAS, Section 502.16, subdivision 1 of the City Code allows the City Council to revoke any liquor license for violation of any provisions or condition of Chapter 5 of the City Code or any State law regulating the sale of intoxicating liquors after holding a public hearing on the revocation and providing eight days’ written notice to the licensee; and WHEREAS, the City Council scheduled a public hearing on January 25, 2010 at 7:00 p.m. to consider this matter and gave the License Holder notice of said hearing by letter dated January 13, 2010, sent by United States mail; and WHEREAS, the City Council has this day conducted the public hearing regarding these charges, at which hearing the License Holder was present; and WHEREAS, based on the evidence forthcoming at the hearing, the City Council reached a conclusion regarding whether the License Holder violated the City Code and State law regulating the sale of intoxicating liquors. Res 7557 Page 2 NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Minnesota that the City Council makes the following findings based on the preponderance of the evidence at the public hearing: 1. The License Holder has violated Section 502.04, subdivision 26 of the City Code by becoming delinquent in its payment of property taxes for the Property. 2. The License Holder has violated Minnesota Statutes Section 340A.415, when it purchased alcohol from another retailer for the purpose of resale while being on the Minnesota Department of Revenue Liquor Posting Tax Delinquent List. 3. Section 502.16, subdivision 1 of the City Code allows the City Council to revoke any liquor license for violation of any provisions or condition of Chapter 502 of the City Code or any State law regulating the sale of intoxicating liquors after holding a public hearing on the revocation and providing eight days’ written notice to the licensee. NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council of the City of Mounds View that the following actions shall be taken with regard to the License Holder: 1. The License Holder’s on-sale intoxicating liquor license for the Property is hereby revoked as of January 26, 2010. Adopted by the City Council of the City of Mounds View the 25th day of January, 2010. __________________________________ Joe Flaherty, Mayor ATTEST __________________________________ Jim Ericson, City Clerk/Administrator (Seal) Item No: 7E Meeting Date: January 25, 2010 Type of Business: CB Administrator Review : ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Thomas Kinney, Deputy Police Chief Item Title/Subject: Resolution 7567 Approving the Hire of Greggory Neumann as a Police Officer Background: An opening within the Police Department was created with the resignation of an officer effective October 26, 2009. The City Council discussed the position on November 9, 2009, and approved Resolution 7520 authorizing action to hire a new officer to fill the vacancy. Discussion: The Police Civil Service Commission has certified an active eligibility list for the position of Police Officer based on previously conducted testing components, which included written testing and interviews. The top three candidates on the list are as follows: 1. Greggory Neumann 2. Miles Kensler 3. Eric Turnipseed The top candidate, Greggory Neumann, has successfully completed all of the required testing procedures, which included a physical agility test, written exam, background examination, physical examination and a psychological examination. Staff has personally met with and interviewed Mr. Neumann and feels he would be an excellent addition to the department. Recommendation: Staff recommends City Council approval of Resolution 7567, a resolution authorizing the hire of Greggory Neumann to the position of Police Officer at Step 1 of the compensation schedule in accordance with the Law Enforcement Labor Services Contract, which governs the compensation for this position effective on February 1st, 2010. Respectfully Submitted, __________________ Thomas Kinney Deputy Police Chief RESOLUTION NO. 7567 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPOINTING GREGGORY NEUMANN TO THE POSITION OF POLICE OFFICER WHEREAS, the City Council has approved the hiring of a Police Officer for a current vacancy in the Police Department, and the Police Civil Service Commission has approved the procedures for establishing an eligibility register to fill this vacancy, and; WHEREAS, the approved hiring procedures consist of a competitive written examination, resume scoring, oral interviews, background investigations, physical examination, psychological examination, and physical agility testing, and; WHEREAS, the Civil Service Commission has certified the eligibility list for the opening, and Greggory Neumann is the top candidate standing on the eligibility register, and his background investigation, physical, psychological, and physical agility testing have all been successfully completed, and; WHEREAS, staff of the Police Department has met with Mr. Neumann, and the Interim Chief of Police recommends he be appointed to the position of Police Officer. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does hereby appoint Greggory Neumann to the position of Police Officer effective February 1, 2010 at the step one rate of pay as indicated in the Law Enforcement Labor Services contract for the position. Adopted this 25th day of January 2010. ______________________________ Joe Flaherty, Mayor ATTEST: _______________________________ Jim Ericson, Clerk - Administrator (SEAL) Item No: 7F Meeting Date: January 25, 2010 Type of Business: CB Administrator Review : ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Thomas Kinney, Deputy Police Chief Item Title/Subject: Resolution 7568, Authority to Advertise for the Public Service Officer Opening in the Police Department Background: Former Public Service Officer (PSO) Tyler Martin resigned from his position on January 4, 2010 to take a position with another community. The PSO is budgeted as a ¾ part-time non-sworn position within the Police Department who also assists with code enforcement. At the January worksession, the Council expressed support for rehiring the position but was concerned with the suitability of a one-year-old eligibility list, and asked that the Police Civil Service Commission consider establishing a new eligibility list. Discussion: The Mounds View Police Civil Service Commission maintains an eligibility list for the position of Public Service Officer (PSO). The Police Civil Service Commission, agreeing with the City Council regarding the suitability of the present eligibility list, ordered that the existing list be dissolved and approved the creation of a new eligibility list. The PSO is an essential position to the operations of the Police Department and Community Development Department. Having a PSO in place ensures the continuity of police operations and code enforcement duties. The duties of the PSO include: • Pickup stray animals as required or as requested by citizen complaint. • Assist officers with traffic control, traffic and radar surveys. • Perform house-watch duties to help ensure the safety and security of property belonging to residents out of the city for a period of time. • Trap and relocate undomesticated animals. • Assist in the maintenance of agency equipment and medical supplies. • Transport equipment or personnel as requested. • Answer administrative phones when needed. • Recovery of stolen, lost or abandoned property (i.e. bicycles) • Assist with code enforcement throughout the city. The starting wage for the PSO position at the Step 1 pay rate is $12.73 per hour. PSO Authorization to Hire Jan 25, 2010 Page 2 Recommendation: Staff recommends that the City Council approve the attached Resolution 7568 which authorizes the advertisement for the vacant PSO position. Respectfully Submitted, __________________ Thomas Kinney Deputy Police Chief Attachments: 1. Resolution 7568 RESOLUTION NO. 7568 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AUTHORITY TO ADVERTISE FOR THE PUBLIC SERVICE OFFICER (PSO) POSITION OPENING IN THE POLICE DEPARTMENT WHEREAS, the City of Mounds View has an opening within the Police Department for the position of Public Service Officer, and; WHEREAS, the Mounds View Police Civil Service Commission (the “Commission”) maintains an eligibility list for the Public Service Officer (PSO) position, and; WHEREAS, the previous eligibility list for the PSO position has been dissolved by order of the Commission, and; WHEREAS, the Public Service Officer is an essential position to the operations of the Police Department and Community Development Department, and having a replacement PSO in place as soon as practical is critical to maintaining uninterrupted continuity of functional Police and code enforcement operations, and; WHEREAS , the replacement PSO shall be hired from the Commission’s new eligibility list. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does hereby approve advertising to create a new eligibility list for the position of Public Service Officer for the City of Mounds View and authorizes staff to complete the process of recommending a final candidate to the City Council for hire. Adopted this 25th day of January, 2010. ______________________________________ Joe Flaherty, Mayor ATTEST: ______________________________________ James Ericson, Clerk-Administrator (seal) Item No: 08A Meeting Date: January 25, 2010 Type of Business: CA Administrator Review: ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Barb Benesch, Community Development Technician Item Title/Subject: CONTRACTOR LICENSES FOR APPROVAL Please consider the following contractor licenses for approval. All contractor licenses will expire on December 31, 2010. All applicants have submitted appropriate fees and proof of insurance. Those companies that are “new” include applicants that have never been licensed with the City or they may have been licensed with the City in the past, but were not licensed in 2009. The type of license they are applying for follows the company name. Asphalt Driveway Co. Asphalt Renewal Optimum Mechanical Systems Contractor New Bonfe’s Plumbing & Heating HVAC Renewal Wellington’s Window & Door Other Renewal St Paul Plumbing & heating Co. HVAC Renewal True North Tower LLC Contractor New Centerpoint Energy HVAC Renewal Clear Channel Outdoor Sign Renewal Recommendation: Approve license applications as requested Respectfully Submitted, Barb Benesch Item No: 08B Meeting Date: January 25, 2010 Type of Business: CA Administrator Review : ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Assistant City Clerk - Administrator Item Title/Subject: Resoltuion 7569, Authorizing Vacation Severance for Public Service Officer (PSO) Tyler Martin. Introduction: Tyler Martin, Public Service Officer (PSO), resigned effective January 4, 2010. Mr. Martin has taken a new position as a police officer with the City of Newport. The PSO is a part-time union position. Discussion: In accordance to Article XXII of the AFSCME Union Contract, union employees shall contribute accrued vacation time towards the Retirement Health Savings Plan (RHSP) upon separation from employment. Resolution 7569 provides for a payout of Tyler Martin’s vacation time into his Retirement Health Savings Plan. In accordance with the AFSCME Union Contract, Mr. Tyler is authorized a vacation time payout totaling $230.38 into his Retirement Health Savings Plan. This is calculated as 17.04 times his hourly rate of $13.52. Recommendation: Staff recommends vacation severance payment for Tyler Martin into his Retirement Health Savings Plan. Respectfully submitted, ________________________ Desaree Crane Assistant City Clerk – Administrator RESOLUTION NO. 7569 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING SEVERANCE FOR PSO TYLER MARTIN WHEREAS, PSO Tyler Martin resigned effective January 4, 2010; and WHEREAS, the balance of Tyler Martin’s accrued and unused vacation is 17.04; and WHEREAS, Tyler Martin’s current rate of pay is $13.52 per hour; and WHEREAS, the maximum potential payout of vacation time will be 17.04 x $13.52 = $230.38; and WHEREAS, $230.38 will be contributed to Tyler Martin’s Retirement Health Savings Plan. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council approves a one-time payout of vacation time not to exceed $230.38 into Tyler Martin’s Retirement Health Saving Plan. Adopted this 25th day of January, 2010. ________________________________ Joe Flaherty, Mayor ATTEST: ________________________________ James Ericson, Clerk-Administrator (seal) Item No: 8C Meeting Date: Jan 25, 2010 Type of Business: Consent Administrator Review : _______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, Clerk - Administrator Item Title/Subject: Resolution 7570 Approving a Vacation Carry-Over Waiver for Interim Police Chief Tom Kinney Introduction: On October 26, 2009, the City Council approved Resolution 7516, a resolution appointing Tom Kinney as the Interim Police Chief. The resolution authorized additional compensation during the interim period. Because of these additional approved duties and responsibilities, Interim Chief Kinney was unable to use planned vacation time, and at year end, exceeded the maximum carry-over amount by 21.88 hours. Discussion: Deputy Police Chief Tom Kinney has been serving as the Interim Police Chief since October 31, 2009 and due in part to these additional obligations was unable to utilize vacation hours to the degree that would have brought his balance into compliance with the City’s carry-over policy. (The policy allows for the carry-over of ten days of vacation plus whatever vacation hours are accrued in the year.) Approving the one-time waiver would be in recognition for the additional assigned duties during the interim period. Recommendation: I am recommending that the City Council approve Resolution 7570 which approves a one- time waiver from the City’s vacation carry-over policy to allow Interim Chief Tom Kinney to carry-over an additional 21.88 vacation hours at year end, 2009. Respectfully submitted, ________________________ James Ericson Clerk - Administrator RESOLUTION NO. 7570 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A ONE-TIME WAIVER OF THE CITY’S VACATION CARRY-OVER POLICY TO PERMIT INTERIM POLICE CHIEF TOM KINNEY TO CARRY AN ADDITIONAL 21.88 HOURS OF VACATION HOURS OVER AT YEAR END, 2009 WHEREAS, the City Council approved Resolution 7516 on October 26, 2009 which appointed Deputy Police Chief Tom Kinney as the Interim Police Chief; and, WHEREAS, as a result of these additional duties and responsibilities, Interim Chief Kinney was unable to bring his vacation balance into compliance with the City’s maximum carry-over policy at year end, 2009; and, WHEREAS, in recognition of these additional duties, a waiver from the explicit terms of the carry over policy, as articulated in Section 3.40 of the City’s Personnel Manual, would be warranted. NOW, THEREFORE BE IT RESOLVED THAT the Mounds View City Council consents to a one-time waiver from the maximum vacation carry-over provisions for the year ending 2009 for Interim Police Chief Tom Kinney to allow an additional 21.88 hours of vacation be carried over into 2010. Adopted this 25th day of January 2010. _______________________________ Joe Flaherty, Mayor ATTEST: _______________________________ James Ericson, Clerk - Administrator (seal) Item No: 11B(2) Meeting Date: Jan 25, 2010 Type of Business: Admin Reports City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, Clerk - Administrator Item Title/Subject: Administrator Reports 1. North Suburban Cable Commission (NSCC) TAC Meeting – Jan 19 Last Tuesday, Mark Beer and I attended the NSCC Technical Advisory Committee meeting at CTV offices in Roseville. Issues discussed included an update on the search for new space, the potential for a change in how costs are allocated between the NSCC and the NSAC, the timeline for Franchise renewal with Comcast, the future of the I-net infrastructure, Ramsey County’s fiber grant application and recent proposed FCC rule changes regarding the siting of telecommunication towers. 2. Fire Department Quarterly Meeting – Jan 20 Fire Chief Nyle Zikmund, Blaine Manager Clark Arneson, Spring Lake Park Administrator Barb Nelson and I met in Mounds View to review the year-end 2009 fire department budget and financials. Even after the Fire Department agreed to reduce its budget by 3% early last year at the request of the three cities, there remained a surplus at the end of the year. Much of the surplus funds will be used to purchase deferred life-safety equipment. Chief Zikmund pointed out that because of the Departments’ emphasis on fire prevention, calls for service have decreased from levels ten years ago despite the explosive population growth occurring in Blaine and development district-wide. On a per capita basis, the city enjoys nearly the lowest cost fire protection service in the metro area and state. 3. Meeting with Ramsey County Managers – Jan 25 I will be joining other Ramsey County city managers and administrators along with County manager Julie Kleinschmidt in Maplewood for a meeting to discuss matters of county wide significance. The agenda has no yet been circulated, but I will be able to provide an update at the City Council meeting later that evening. 4. General Mills Leadership Conference – Jan 29 Last December I enrolled in a free leadership forum sponsored by General Mills. The first seminar is scheduled for January 29th and will feature John G. Drozdal speaking on the topic of “Leadership, Conflict, Authority and Teams.” Mr. Drozdal heads an organization development and training firm that specializes in generational issues in the workplace, manager/leader development, team building, executive coaching, and conflict transformation. Future forums will focus on issues such as “Influential Conversations”, “Showing Executive Presence in Times of Rapid Change” and “Thirteen Roles of a High Performance Leader.” Administrator Report January 25, 2010 Page 2 5. Met Council State of the Region Address – Feb 1 The Met Council’s annual state of the region address, led by Chairperson Peter Bell, is scheduled for February 1, 2010 at the new Silverwood Regional Park conference center in Saint Anthony. I will be attending this event as will Council member Mueller. If anyone else would like to attend, reservations need to be made by January 26th. At this meeting, Chair Bell will be discussing the progress of the region and the challenges and opportunities that lie ahead. The Met Council will also release the results of their annual residents' survey, an update of the region's economic indicators and the Council's 2009 Annual Report at the meeting. 6. Work Session Agenda – Feb 1 The following items are presently scheduled for the February 1worksession agenda: 1. Housing Resource Center Presentation by Suzanne Snyder, Program Director, and Marie Malrick, Program Administrator 2. Review of Mermaid Request for Reimbursement 3. Charitable Gambling Report 4. Update on Required Changes to City Flood Plain Regulations 5. Review Draft Agenda for the February 12, 2010 Council/Staff Retreat If there is anything else the Council would like to have presented or discussed at the February worksession, please let me or Desaree know. 7. Ehlers & Associates Public Finance Conference – Feb 4 Community Development Director Roberts, Finance Director Beer, Economic Development Specialist Steinmetz and I will be attending the annual Ehlers & Associates public finance seminar at the end of the first week of February. This seminar deals with a variety of complex and ever changing public finance issues that cities and counties have to deal with, including, but not limited to, taxation, bonding, tax increment, redevelopment, marketing, budgeting, legislative updates, abatements, and much more. The Ehler’s seminar is without question one of the most informative and beneficial conference along the League’s annual conference. Administrator Report January 25, 2010 Page 3 8. Council & Department Head Retreat – Feb 12 The Council and Department Head retreat is scheduled for Friday, February 12 at Random Park. The retreat is presently scheduled for 6 pm, but we thought we’d start with some food at 5:30 to keep things moving along. Staff will present the Council with departmental updates and accomplishments from 2009 (you’ll have already seen the Community Development report) and we’ll begin the goal setting process for 2010 and beyond. Other issues to discuss will include budget assumptions for 2011, consideration of the police chief position, and a discussion regarding the Community Center. We’ll be discussing the retreat agenda at the February 1 worksession. Respectfully submitted, ________________________ James Ericson Clerk - Administrator 362595v2 SJR Mu125-11 Kennedy 470 US Bank Plaza 200 South Sixth Street Minneapolis MN 55402 & Graven (612) 337-9300 telephone (612) 337-9310 fax http://www.kennedy-graven.com C H A R T E R E D SCOTT J. RIGGS Attorney at Law Direct Dial (612) 337-9260 Email: sriggs@kennedy-graven.com MEMORANDUM Date: January 21, 2010 To: Jim Ericson, City Clerk-Administrator From: Scott J. Riggs, City Attorney Re: Mounds View Project Status Report CITY: MU125-11: Administration. General discussions with staff regarding various City matters, etc. MU125-14: Public Works. Review joint powers agreement and insurance liability language issues, etc. Consult with City staff. Matter is presently pending. MU125-65: General License Matters. Review documents and reports regarding a liquor license. Consult with City staff and the State Liquor Board regarding same. Legal research regarding data practices question as to a liquor license holder. Confer with City staff regarding liquor license holder. Additional legal research and conferring with City staff regarding new facts and Council direction. Draft resolution and forward same to City staff. Matter is presently pending. MU210-5: General Real Estate Matters. Review information regarding possible deed restrictions on a lot. Legal research regarding same and consult with City staff. Consult with City staff regarding use of City property issues, etc. Matters are presently pending. MU210-26: The Mermaid. Review data practices request from Mermaid owners regarding a purported 1977 project. Review and consult with City staff regarding same. Mr. Jim Ericson January 21, 2010 Page 2 362595v2 SJR Mu125-11 Work on response. Further consultation with City staff regarding matter. Draft response regarding matter. Matter is presently pending. MU210-106: General Labor Matters. Review and consult with City staff regarding mediation of labor contract, etc. Matter is presently pending. MU210-107: Telecommunications Matters. Review City staff inquiry regarding FCC Order. Provide memorandum to City staff regarding same. Review Clearwire Agreement and provide comments to City staff. Matter is presently pending. MU210-111: Employment Matters. Review and respond to questions regarding HSA matters. Consult with City staff regarding same. Matter is presently pending. MU210-161: 5117 Rainbow. Review recent correspondence concerning matter. Matter has been tendered to the League. Consult with defense counsel regarding matter. Matter is presently pending. MU210-174: Ordahl Minor Subdivision (5056 Greenwood Drive). Review lot combination subdivision matter. Review updated titlework. Draft amended Plat Opinion and forward same to City staff. Consult with City staff regarding matter. Matter is presently pending. MU210-180: 2008-2009 Personnel Matter. Review correspondence and summons and complaint regarding matter. Correspond with plaintiff’s counsel. Matter has been tendered to the LMCIT. Consult with City staff, City Council and defense counsel regarding matter. LMCIT has filed an Answer with district court and will begin to work on further pleadings to resolve this matter. Matter is presently pending. SJR:jms