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HomeMy WebLinkAboutAgenda Packets - 2010/06/14CITY OF MOUNDS VIEW CITY COUNCIL MEETING AGENDA MOUNDS VIEW CITY HALL Monday, June 14, 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 7. COUNCIL BUSINESS A. 7:05 pm Public Hearing, Resolution 7624, a Resolution to Consider an On Sale Intoxicating Liquor License Renewal for Moe’s located at 2400 County Highway 10 B. 7:10pm Public Hearing, Resolution 7625, a Resolution to Consider an On Sale Intoxicating Liquor License Renewal for Robert’s Sports Bar and Entertainment located at 2400 County Road H2 C. 7:15pm Public Hearing, Resolution 7626, a Resolution to Consider an On Sale Intoxicating Liquor License Renewal for The Mermaid located at 2200 County Highway 10 D. 7:20pm Public Hearing, Resolution 7627, a Resolution to Consider an Off Sale Intoxicating Liquor License Renewal for ABC Liquor located at 2840 County Highway 10 E. 7:25pm Public Hearing, Resolution 7628, a Resolution to Consider an Off Sale Intoxicating Liquor License Renewal for Vino & Stogies located at 2345 County Road H2 F. 7:30pm Public Hearing, Resolution 7629, a Resolution to Consider an Off Sale Intoxicating Liquor License Renewal for Big Top Liquor located at 2577 County Highway 10 G. 7:35pm Public Hearing, Resolution 7630, a Resolution to Consider an On Sale Wine and 3.2 Malt Liquor License Renewal for Taiko Sushi Bar located at 2394 County Highway 10 H. 7:40pm Public Hearing, Resolution 7631, a Resolution to Consider an Off-Sale 3.2 Malt Liquor License for SuperAmerica located at 2640 County Road I I. Second Reading and Adoption of Ordinance 845, a Zoning Code Amendment to Chapter 1112, B-1 Neighborhood Business District, adding Thrift Store and other additional permitted uses. (ROLL CALL VOTE) J. Resolution 7623, Reapproving the Final Plat & Development Agreement for the Select Senior Living project at County Highway 10 & Groveland Road K. Resolution 7632, Approving a Step Increase for Community Development Director Ken Roberts and a Longevity Increase for Police Officer Ben Knitter, MVPD L. Resolution 7622, Approving an Agreement with Rick Wriskey for Urban Forestry Services 8. CONSENT AGENDA A. Licenses for Approval B. Set a Public Hearing for Monday, June 28, 2010, at 7:05 p.m., to Consider a Temporary 3.2 On-Sale Liquor License for the Anoka/Blaine Jaycees to Serve Liquor during the Mounds View Festival in the Park on Saturday, August 21, 2010 C. Set a Public Hearing for Monday, June 28, 2010 at 7:10 p.m., to consider a revision or a revocation of the Conditional Use Permit for an Outside Sales Operation for Robert’s Sports Bar at 2400 County Road H2 9. JUST AND CORRECT CLAIMS 10. APPROVAL OF MINUTES A. May 10, 2010, City Council Minutes B. May 24, 2010, Executive Session Minutes 11. REPORTS A. Reports of Mayor and Council B. Reports of Staff 1. Community Development Quarterly Report C. Reports of City Attorney 12. Next Council Work Session: Tuesday, July 6, 2010, at 7:00 p.m. Next Council Meeting: Monday, June 28, 2010, at 7:00 p.m. CITY OF MOUNDS VIEW CITY COUNCIL MEETING AGENDA MOUNDS VIEW CITY HALL Monday, June 14, 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 7. COUNCIL BUSINESS A. 7:05 pm Public Hearing, Resolution 7624, a Resolution to Consider an On Sale Intoxicating Liquor License Renewal for Moe’s located at 2400 County Highway 10 B. 7:10pm Public Hearing, Resolution 7625, a Resolution to Consider an On Sale Intoxicating Liquor License Renewal for Robert’s Sports Bar and Entertainment located at 2400 County Road H2 C. 7:15pm Public Hearing, Resolution 7626, a Resolution to Consider an On Sale Intoxicating Liquor License Renewal for The Mermaid located at 2200 County Highway 10 D. 7:20pm Public Hearing, Resolution 7627, a Resolution to Consider an Off Sale Intoxicating Liquor License Renewal for ABC Liquor located at 2840 County Highway 10 E. 7:25pm Public Hearing, Resolution 7628, a Resolution to Consider an Off Sale Intoxicating Liquor License Renewal for Vino & Stogies located at 2345 County Road H2 F. 7:30pm Public Hearing, Resolution 7629, a Resolution to Consider an Off Sale Intoxicating Liquor License Renewal for Big Top Liquor located at 2577 County Highway 10 G. 7:35pm Public Hearing, Resolution 7630, a Resolution to Consider an On Sale Wine and 3.2 Malt Liquor License Renewal for Taiko Sushi Bar located at 2394 County Highway 10 H. 7:40pm Public Hearing, Resolution 7631, a Resolution to Consider an Off-Sale 3.2 Malt Liquor License for SuperAmerica located at 2640 County Road I I. Second Reading and Adoption of Ordinance 845, a Zoning Code Amendment to Chapter 1112, B-1 Neighborhood Business District, adding Thrift Store and other additional permitted uses. (ROLL CALL VOTE) J. Resolution 7623, Reapproving the Final Plat & Development Agreement for the Select Senior Living project at County Highway 10 & Groveland Road City Council Agenda Monday, June 14, 2010 Page 2 7. COUNCIL BUSINESS - CONTINUED K. Resolution 7632, Approving a Step Increase for Community Development Director Ken Roberts and a Longevity Increase for Police Officer Ben Knitter, MVPD L. Resolution 7622, Approving an Agreement with Rick Wriskey for Urban Forestry Services 8. CONSENT AGENDA A. Licenses for Approval B. Set a Public Hearing for Monday, June 28, 2010, at 7:05 p.m., to Consider a Temporary 3.2 On-Sale Liquor License for the Anoka/Blaine Jaycees to Serve Liquor during the Mounds View Festival in the Park on Saturday, August 21, 2010 C. Set a Public Hearing for Monday, June 28, 2010 at 7:10 p.m., to consider a revision or a revocation of the Conditional Use Permit for an Outside Sales Operation for Robert’s Sports Bar at 2400 County Road H2 9. JUST AND CORRECT CLAIMS 10. APPROVAL OF MINUTES A. May 10, 2010, City Council Minutes B. May 24, 2010, Executive Session Minutes 11. REPORTS A. Reports of Mayor and Council B. Reports of Staff 1. Community Development Quarterly Report C. Reports of City Attorney 12. Next Council Work Session: Tuesday, July 6, 2010, at 7:00 p.m. Next Council Meeting: Monday, June 28, 2010, at 7:00 p.m. Item No: 07A Meeting Date: June 14, 2010 Type of Business: CB Administrator Review : ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Assistant to the City Administrator Item Title/Subject: Public Hearing, Resolution 7624, a Resolution to Consider an On Sale Intoxicating Liquor License Renewal for Moe’s located at 2400 County Highway 10 Background: In accordance with Chapter 502 of the Mounds View City Code, a public hearing is required for all liquor license renewals. The City of Mounds View issued an intoxicating liquor license for Moe’s in June of 2009, and their renewal is before the Council for consideration. Moe’s Intoxicating Liquor License will expire June 30, 2010. The notice of this public hearing was sent out to residences within a 350 feet radius, and the Notice of Public Hearing was published in the City’s official newspaper. Discussion: Moe’s has submitted their city liquor license application materials (to include an outdoor liquor endorsement to sell liquor on their outdoor deck), and the applicable fees. The following investigations and inspections have been conducted to determine whether there is cause for the City to deny the application: Police Inquiry and Investigations (Mounds View Police Department) The Mounds View Police Department has issued a satisfactory report for Moe’s. Staff has submitted a background check application on the owner of Moe’s to the Minnesota Bureau of Criminal Apprehension (BCA). Staff has not received the background check back from BCA. The liquor license will be contingent on a satisfactory background check. Attached are the police calls for your reference. Utility Billing Inquiry (City of Mounds View) The Finance Department issued a satisfactory report on Moe’s for their utility bill. Ramsey County Property Records continue to show that Moe’s continues to be delinquent in their property taxes for 2007, 2008, 2009 and first half of 2010, totaling $85,901.94. In accordance with §502.04, subd. 2a of the City Code: No intoxicating liquor or wine license shall be granted for operation on any premises on which taxes, assessments, utility bills or other financial claims of the City are delinquent or unpaid. Mr. Moritko sent an email to the City Administrator on Wednesday, June 9, 2010, stating that he made a payment of $50,000 to Ramsey County. Attached is the email from Mr. Moritko for your reference. Attached are all City Council Minutes pertaining to the Moe’s property tax issue. Mr. Moritko has indicated to Staff that he will be presenting another new payment plan to the City Council at this meeting. Item 07A June 14, 2010 City Council Meeting Page 2 Fire Inspection (City of Mounds View Fire Marshal) The City’s Fire Marshal has issued a satisfactory report on Moe’s. Recommendation: Staff recommends opening the Public Hearing for public comment. The City Council could either approve their liquor license contingent on a satisfactory background check, and full payment of their property taxes or deny renewal in accordance with Section 502.04(b) of the Mounds View City Code. If the City Council wishes to approve the liquor license, then the license period would be from July 1, 2010 to June 30, 2011. Respectfully Submitted, ___________________________ Desaree Crane Assistant City Administrator RESOLUTION 7624 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA Resolution Approving an On-Sale Intoxicating Liquor License for Moe’s Located at 2400 Highway 10 WHEREAS, Moe’s Intoxicating Liquor License expires June 30, 2010; and WHEREAS, all City of Mounds View business licenses must be approved by the City Council; and WHEREAS, Moe’s is requesting to sell intoxicating liquor outdoors; and WHEREAS, staff has reviewed all application materials to include the application outdoor liquor consumption; and WHEREAS, staff recommends approval of Moe’s On-Sale Intoxicating Liquor License with Outdoor Liquor Endorsement contingent on full payment of county property taxes by October 12, 2010, utility bill and satisfactory background check. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does hereby approve an On-Sale Intoxicating Liquor License (with Outdoor Liquor Endorsement) to Moe’s for the period of July 1, 2010 to June 30, 2011, pending full payment of their property taxes by October 12, 2010, utility bill and a satisfactory background check from the Minnesota Bureau of Criminal Apprehension (BCA). Adopted this 14th day of June, 2010. ____________________________________ Joe Flaherty, Mayor ATTEST: ____________________________________ James Ericson, City Administrator (seal) Item No: 07B Meeting Date: June 14, 2010 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: Public Hearing, Resolution 7625, a Resolution to Consider an On Sale Intoxicating Liquor License for Robert’s Sports Bar and Entertainment, located at 2400 County Road H2 In accordance with Chapter 502 of the Mounds View City Code, a public hearing is required for all liquor license renewals. Robert’s Sports Bar and Entertainment has not submitted the city liquor license application materials and the applicable fees. Application materials and fees were due to the City on June 4, 2010. Staff has sent numerous certified mailed letters to the business, and the owner has not responded with his intentions on renewing this business license. The notice of this public hearing was sent to the business owner and to residences within a 350 feet radius. The Notice of Public Hearing was also published in the City’s official newspaper. Recommendation: Staff recommends opening the Public Hearing for public comment, and postpone this item to the next City Council Meeting on Monday, June 28, 2010. Respectfully submitted, ________________________ Desaree Crane Assistant City Administrator Item No: 07C Meeting Date: June 14, 2010 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: Public Hearing, Resolution 7626, a Resolution to Consider an On Sale Intoxicating Liquor License for The Mermaid, located at 2200 County Highway 10 In accordance with Chapter 502 of the Mounds View City Code, a public hearing is required for all liquor license renewals. The Mermaid has not submitted the city liquor license application materials and the applicable fees. Application materials and fees were due to the City on June 4, 2010. Staff has sent numerous certified mailed letters to the business, and the owner has not responded with his intentions on renewing this business license. The notice of this public hearing was sent to the business owner and to residences within a 350 feet radius. The Notice of Public Hearing was also published in the City’s official newspaper. Recommendation: Staff recommends opening the Public Hearing for public comment, and postpone this item to the next City Council Meeting on Monday, June 28, 2010. Respectfully submitted, ________________________ Desaree Crane Assistant City Administrator Item No: 07D Meeting Date: June 14, 2010 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: Public Hearing, Resolution 7627, a Resolution to Consider an Off Sale Intoxicating Liquor License for ABC Liquor, located at 2840 County Highway 10 Introduction: In accordance with Chapter 502 of the Mounds View City Code, a public hearing is required for all liquor license renewals. The City of Mounds View issued an intoxicating liquor license for ABC Liquor in June of 2009, and their renewal is before the Council for consideration. ABC Liquor’s Intoxicating Liquor License will expire June 30, 2010. Discussion: The notice of this public hearing was sent out to residences within a 350 feet radius, and the Notice of Public Hearing was published in the City’s official newspaper. Property taxes on this property are current. ABC Liquor has submitted their city liquor license application materials and the applicable fees. The following investigations and inspections have been conducted to determine whether there is cause for the City to the above referenced intoxicating liquor license application: Police Inquiry and Investigations (Mounds View Police Department) The Mounds View Police Department has issued a satisfactory report for ABC Liquor. Staff has submitted a background check application on the owner of ABC Liquor to the Minnesota Bureau of Criminal Apprehension (BCA). Staff has not received yet received the background check report. The liquor license will be contingent on a satisfactory background check. Attached are the police calls on this property for your reference. Utility Billing Inquiry (City of Mounds View) The Finance Department has issued a satisfactory report for ABC Liquor. Fire Inspection (City of Mounds View Fire Marshal) The City’s Fire Marshal has issued a satisfactory report for ABC Liquor. Recommendation: Staff recommends that the City Council open the Public Hearing for public input. Staff recommends approval of this business license contingent on a satisfactory background check. If this renewal is approved, the time period of this license will be July 1, 2010 to June 30, 2011. Respectfully submitted, ________________________ Desaree Crane Assistant City Administrator RESOLUTION 7627 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING AN OFF SALE INTOXICATING LIQUOR LICENSE FOR ABC LIQUOR LOCATED AT 2840 COUNTY HIGHWAY 10 WHEREAS, ABC Liquor’s Intoxicating Liquor License expires June 30, 2010; and WHEREAS, all City of Mounds View business licenses must be approved by the City Council; and WHEREAS, staff recommends approval of ABC Liquor’s Intoxicating Liquor License, pending a satisfactory background check with the Minnesota Bureau of Criminal Apprehension (BCA). NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does hereby approve an Off-Sale Intoxicating Liquor License for ABC Liquor for the period of July 1, 2010 to June 30, 2011, contingent on a satisfactory background check with the Minnesota Bureau of Criminal Apprehension (BCA). Adopted this 14th day of June, 2010. ____________________________________ Joe Flaherty, Mayor ATTEST: ____________________________________ James Ericson, City Administrator (seal) Item No: 07E Meeting Date: June 14, 2010 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: Public Hearing, Resolution 7628, a Resolution to Consider an Off Sale Intoxicating Liquor License for Vino & Stogies, located at 2345 County Road H2 Introduction: In accordance with Chapter 502 of the Mounds View City Code, a public hearing is required for all liquor license renewals. The City of Mounds View issued an intoxicating liquor license for Vino & Stogies in June of 2009, and their renewal is before the Council for consideration. Vino & Stogies’s Intoxicating Liquor License will expire June 30, 2010. Discussion: The notice of this public hearing was sent out to residences within a 350 feet radius, and the Notice of Public Hearing was published in the City’s official newspaper. Property taxes on this property are current. Vino & Stogies has submitted their city liquor license application materials and the applicable fees. The following investigations and inspections have been conducted to determine whether there is cause for the City to the above referenced intoxicating liquor license application: Police Inquiry and Investigations (Mounds View Police Department) The Mounds View Police Department has issued a satisfactory report for Vino & Stogies. Staff has submitted a background check application on the owner of Vino & Stogies to the Minnesota Bureau of Criminal Apprehension (BCA). Staff has not received yet received the background check report. The liquor license will be contingent on a satisfactory background check. Attached are the police calls on this property for your reference. Utility Billing Inquiry (City of Mounds View) The Finance Department has issued a satisfactory report for Vino & Stogies. Fire Inspection (City of Mounds View Fire Marshal) The City’s Fire Marshal has issued a satisfactory report for Vino & Stogies. Recommendation: Staff recommends that the City Council open the Public Hearing for public input. Staff recommends approval of this business license contingent on a satisfactory background check. If this renewal is approved, the time period of this license will be July 1, 2010 to June 30, 2011. Respectfully submitted, ________________________ Desaree Crane Assistant City Administrator RESOLUTION 7628 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING AN OFF SALE INTOXICATING LIQUOR LICENSE FOR VINO & STOGIES LOCATED AT 2345 COUNTY ROAD H2 WHEREAS, Vino & Stogies’s Intoxicating Liquor License expires June 30, 2010; and WHEREAS, all City of Mounds View business licenses must be approved by the City Council; and WHEREAS, staff recommends approval of Vino & Stogies’s Intoxicating Liquor License, pending a satisfactory background check with the Minnesota Bureau of Criminal Apprehension (BCA). NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does hereby approve an Off-Sale Intoxicating Liquor License for Vino & Stogies for the period of July 1, 2010 to June 30, 2011, contingent on a satisfactory background check with the Minnesota Bureau of Criminal Apprehension (BCA). Adopted this 14th day of June, 2010. ____________________________________ Joe Flaherty, Mayor ATTEST: ____________________________________ James Ericson, City Administrator (seal) Item No: 07F Meeting Date: June 14, 2010 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: Public Hearing, Resolution 7629, a Resolution to Consider an Off Sale Intoxicating Liquor License for Big Top Liquor, located at 2577 County Highway 10 Introduction: In accordance with Chapter 502 of the Mounds View City Code, a public hearing is required for all liquor license renewals. The City of Mounds View issued an intoxicating liquor license for Big Top Liquor in June of 2009, and their renewal is before the Council for consideration. Big Top Liquor’s Intoxicating Liquor License will expire June 30, 2010. Discussion: The notice of this public hearing was sent out to residences within a 350 feet radius, and the Notice of Public Hearing was published in the City’s official newspaper. Property taxes on this property are current. Big Top Liquor has submitted their city liquor license application materials and the applicable fees. The following investigations and inspections have been conducted to determine whether there is cause for the City to the above referenced intoxicating liquor license application: Police Inquiry and Investigations (Mounds View Police Department) The Mounds View Police Department has issued a satisfactory report for Big Top Liquor. Staff has submitted a background check application on the owner of Big Top Liquor to the Minnesota Bureau of Criminal Apprehension (BCA). Staff has not received yet received the background check report. The liquor license will be contingent on a satisfactory background check. Attached are the police calls on this property for your reference. Utility Billing Inquiry (City of Mounds View) The Finance Department has issued a satisfactory report for Big Top Liquor. Fire Inspection (City of Mounds View Fire Marshal) The City’s Fire Marshal has issued a satisfactory report for Big Top Liquor. Recommendation: Staff recommends that the City Council open the Public Hearing for public input. Staff recommends approval of this business license contingent on a satisfactory background check. If this renewal is approved, the time period of this license will be July 1, 2010 to June 30, 2011. Respectfully submitted, ________________________ Desaree Crane Assistant City Administrator RESOLUTION 7629 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING AN OFF SALE INTOXICATING LIQUOR LICENSE FOR BIG TOP LIQUOR LOCATED AT 2577 COUNTY HIGHWAY 10 WHEREAS, Big Top Liquor’s Intoxicating Liquor License expires June 30, 2010; and WHEREAS, all City of Mounds View business licenses must be approved by the City Council; and WHEREAS, staff recommends approval of Big Top Liquor’s Intoxicating Liquor License, pending a satisfactory background check with the Minnesota Bureau of Criminal Apprehension (BCA). NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does hereby approve an Off-Sale Intoxicating Liquor License for Big Top Liquor for the period of July 1, 2010 to June 30, 2011, contingent on a satisfactory background check with the Minnesota Bureau of Criminal Apprehension (BCA). Adopted this 14th day of June, 2010. ____________________________________ Joe Flaherty, Mayor ATTEST: ____________________________________ James Ericson, City Administrator (seal) Item No: 07G Meeting Date: June 14, 2010 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: Public Hearing, Resolution 7630, a Resolution to Consider an On Sale Wine and 3.2 Malt Liquor License for Taiko Sushi Bar, located at 2394 County Highway 10 Introduction: In accordance with Chapters 502 and 503 of the Mounds View City Code, a public hearing is required for all liquor license renewals. The City of Mounds View issued an intoxicating liquor license for Taiko Sushi Bar in June of 2009, and their renewal is before the Council for consideration. Taiko Sushi Bar’s Intoxicating Liquor License will expire June 30, 2010. Discussion: The notice of this public hearing was sent out to residences within a 350 feet radius, and the Notice of Public Hearing was published in the City’s official newspaper. Property taxes on this property are current. Taiko Sushi Bar has submitted their city liquor license application materials and the applicable fees. The following investigations and inspections have been conducted to determine whether there is cause for the City to the above referenced intoxicating liquor license application: Police Inquiry and Investigations (Mounds View Police Department) The Mounds View Police Department has issued a satisfactory report for Taiko Sushi Bar. Staff has submitted a background check application on the owner of Taiko Sushi Bar to the Minnesota Bureau of Criminal Apprehension (BCA). Staff has not received yet received the background check report. The liquor license will be contingent on a satisfactory background check. Taiko Sushi Bar has no record of any police calls made from July 1, 2009 to present. Utility Billing Inquiry (City of Mounds View) The Finance Department has issued an unsatisfactory report for Taiko Sushi Bar. Taiko Sushi Bar owes $259.69 on their utility bill. In accordance with §502.04, subd. 2a of the City Code: No intoxicating liquor or wine license shall be granted for operation on any premises on which taxes, assessments, utility bills or other financial claims of the City are delinquent or unpaid. This liquor license will be contingent on full payment of the utility bill. Fire Inspection (City of Mounds View Fire Marshal) The City’s Fire Marshal has inspected Taiko Sushi Bar and issued an unsatisfactory report (report attached). The owner of Taiko Sushi has stated to Staff that he has corrected the violations, and is ready for a re-inspection. The Fire Marshal will be conducting a re-inspection prior to this City Council Meeting. This liquor license will be contingent on a satisfactory fire inspection. Item 07G June 14, 2010, City Council Meeting Page 2 Recommendation: Staff recommends that the City Council open the Public Hearing for public input. Staff recommends approval of this business license contingent on a satisfactory background check, fire inspection, and full payment of the utility bill. If this renewal is approved, the time period of this license will be July 1, 2010 to June 30, 2011. Respectfully submitted, ________________________ Desaree Crane Assistant City Administrator RESOLUTION 7630 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING AN ON SALE WINE AND 3.2 MALT LIQUOR LICENSE FOR TAIKO SUSHI BAR LOCATED AT 2394 COUNTY HIGHWAY 10 WHEREAS, Taiko Sushi Bar’s On Sale Wine and 3.2 Malt Liquor License expires June 30, 2010; and WHEREAS, all City of Mounds View business licenses must be approved by the City Council; and WHEREAS, staff recommends approval of Taiko Sushi Bar’s Intoxicating Liquor License, pending a satisfactory background check with the Minnesota Bureau of Criminal Apprehension (BCA), a satisfactory fire inspection by the Mounds View Fire Marshal, and full payment of the utility bill. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does hereby approve an On Sale Wine and 3.2 Malt Liquor License for Taiko Sushi Bar for the period of July 1, 2010 to June 30, 2011, contingent on a satisfactory background check with the Minnesota Bureau of Criminal Apprehension (BCA), a satisfactory fire inspection by the Mounds View Fire Marshal, and full payment of the utility bill. Adopted this 14th day of June, 2010. ____________________________________ Joe Flaherty, Mayor ATTEST: ____________________________________ James Ericson, City Administrator (seal) Item No: 07H Meeting Date: June 14, 2010 Type of Business: CB Administrator Review : ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Assistant City Clerk-Administrator Item Title/Subject: Public Hearing, Resolution 7631, a Resolution to Consider an Off-Sale 3.2 Malt Liquor License for SuperAmerica located at 2640 County Road I in Mounds View Introduction: In accordance with Chapter 503 of the Mounds View City Code, a public hearing is required for all liquor license renewals. The City issued an Off-Sale 3.2 Malt Liquor License for SuperAmerica in June of 2009. SuperAmerica’s license will expire on June 30, 2010. Discussion: SuperAmerica has submitted the city liquor license application materials and the applicable fees. The notice of this public hearing was sent out to residences within a 350 feet radius, and the Notice of Public Hearing was published in the City’s official newspaper. Property taxes on this property are current. The following investigations have been conducted to determine whether there is a cause for the City to deny SuperAmerica’s Off-Sale 3.2 Malt Liquor License: Police Inquiry and Investigations (Mounds View Police Department) The Mounds View Police Department has issued a satisfactory report for SuperAmerica. Staff has submitted a background check application on the owner of SuperAmerica to the Minnesota Bureau of Criminal Apprehension (BCA). Staff has not received yet received the background check report. The liquor license will be contingent on a satisfactory background check. Attached are the police calls on this property for your reference. Utility Billing Inquiry (City of Mounds View) The Finance Department has issued a satisfactory report for SuperAmerica. Fire Inspection (City of Mounds View Fire Marshal) The City’s Fire Marshal has issued a satisfactory report for SuperAmerica. Recommendation Staff recommends opening the Public Hearing for Public Comment. Staff recommends approval of this business license contingent on a satisfactory background check. The time period for this license will be July 1, 2010 to June 30, 2011. Respectfully Submitted, ________________________ Desaree Crane Assistant City Administrator RESOLUTION 7631 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA Resolution Approving an Off-Sale 3.2 Malt Liquor License for SuperAmerica Located at 2640 County Road I WHEREAS, SuperAmerica’s 3.2 Malt Liquor License expires on June 30, 2010; and WHEREAS, all City of Mounds View business licenses must be approved by the City Council; and WHEREAS, staff recommends approval of SuperAmerica’s Off Sale 3.2 Malt Liquor License pending a satisfactory background check from the Minnesota Department of Criminal Apprehension. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does hereby approve an Off Sale 3.2 Malt Liquor License for SuperAmerica for the period of July 1, 2010 to June 30, 2011 contingent on a satisfactory background check from the Minnesota Department of Criminal Apprehension. Adopted this 14th day of June, 2010. ____________________________________ Joe Flaherty, Mayor ATTEST: ____________________________________ James Ericson, City Administrator (seal) Item No: 07K Meeting Date: June 14, 2010 Type of Business: CB Administrator Review : ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Assistant City Clerk-Administrator Item Title/Subject: Resolution 7632 Approving a Step Increase for Community Development Director Ken Roberts and a Longevity Increase for Officer Ben Knitter. Background: Community Development Director Ken Roberts is a current employee with the City of Mounds View. His supervisor, James Ericson, has reviewed his performance as it relates to his responsibilities outlined in the job description. Officer Ben Knitter (School Resource Officer) is a current employee with the Mounds View Police Department. His supervisor, Interim Police Chief Tom Kinney, has reviewed his performance as it relates to her responsibilities outlined in the job description. Discussion: It was determined that Community Development Director Roberts has satisfactory performed in the capacity of his position, and therefore, a step increase wage adjustment is consistent with the Mounds View Personnel Manual. Officer Knitter has satisfactorily performed in the capacity of his position, and therefore, a longevity wage adjustment is consistent with the LELS Police Officers Union Contract. Recommendation: Staff recommends approval of Resolution 7632, approving Community Development Director Robert’s step wage increase and Officer Knitter’s longevity wage increase. Respectfully Submitted, __________________________ Desaree Crane Assistant City Administrator RESOLUTION 7632 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING STEP/LONGEVITY ADJUSTMENT WHEREAS, the following below are regular full-time employees who are currently working for the City of Mounds View; and WHEREAS, their supervisor reviewed their performance as it relates to the responsibilities outlined in the job description; and WHEREAS, their supervisor determined that the following employees below have satisfactorily performed in the capacity of their positions documented in their performance review on file; and WHEREAS, wage adjustments are consistent with the Mounds View Personnel Manual and Labor Agreements. NOW, THEREFORE BE IT RESOLVED that the Mounds View City Council does hereby approve a wage adjustment to the following indicated in the chart. NAME CURRENT POSITION DATE OF EMPLOYMENT/ CURRENT POSITION CURRENT STEP & WAGE STEP & WAGE ADJUSTMENT EFFECTIVE DATE OF ADJUSTMENT Ken Roberts Community Development Director June 16, 2008 Step 4: $41.36/hr Step 5: $43.54/hr June 16, 2010 Ben Knitter School Resource Officer (SRO) June 27, 2006 Step 5: $32.45/hr Longevity (4 years): $33.42/hr June 27, 2010 Adopted this 14th day of June, 2010. __________________________________ Joe Flaherty, Mayor ATTEST: __________________________________ James Ericson, Clerk-Administrator (seal) Item No: 7I Meeting Date: June 14, 2010 Type of Business: Action Administrator Review: _______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Heidi Heller, Planning Associate Item Title/Subject: Second Reading and Adoption of Ordinance 845, a Zoning Code Text Amendment to Add “Thrift Store” and Other Types of Businesses as Permitted Uses in the B-1 Zoning District (ROLL CALL VOTE) Introduction: Dawn Huffman has applied to the City for a zoning code text amendment to add “thrift store” as a permitted use in the B-1, Neighborhood Business district. She wants the City to make this change so she may open a thrift store in the vacant space at 2408 County Road I. City staff felt that more permitted uses could also be added to the B-1 zoning district. Discussion: According to the Zoning Code, the purpose of the B-1 district is as follows: The purpose of the B-1, Neighborhood Business District, is to provide for the establishment of local centers for convenient, limited office, retail or service outlets which deal directly with the customer for whom the goods or services are furnished. These centers are to provide services and goods for the surrounding neighborhoods and are not intended to draw customers from the entire community. Staff researched what other cities allow in zoning districts that are comparable to Mounds View’s B-1 district. All seven of the zoning codes from the other cities that staff reviewed allow several uses in their similar neighborhood business districts. In general, all of the other cities zoning codes allow service businesses such as medical clinics and offices, along with several different types of retail in their respective neighborhood or limited business district zoning districts. Recommendation: Approve the second reading and adoption of Ordinance 845. Staff also recommends the Council consent to the publication of a summary for the ordinance as authorized by City Charter section 3.07. Sincerely, Heidi Heller Planning Associate Attachments 1. Ordinance 845 2. Ordinance 845 Summary ORDINANCE 845 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING CHAPTER 1112.02 OF THE MOUNDS VIEW ZONING CODE TO ADD ADDITIONAL PERMITTED USES TO THE B-1, NEIGHBORHOOD BUSINESS, ZONING DISTRICT The City of Mounds View ordains: SECTION 1: Chapter 1112.02 of the Mounds View Municipal Code is hereby amended with the proposed additions underlined and the deletions stricken as follows: Chapter 1112.02: PERMITTED USES: The following are permitted uses in a B-1 District: Barber shops Beauty parlors Convenience grocery stores (not supermarket type) Essential services Laundromat, self-service washing and drying Thrift or second-hand store Retail business for local or neighborhood needs subject to the following limits: - The sale of dry goods, clothing, notions and variety merchandise. - The sale of books, magazines, newspapers, gifts, jewelry, music, stationery or office supplies. Dry cleaning and laundry receiving and pick-up stations (with no cleaning or pressing done on site) Florist shop Candy and ice cream stores (shall not include drive-through and/or window pick-up services) Tailor shop, dress making, clothing rental store Ordinance 845 Page 2 Professional and service business offices such as accountant, architect, broker, engineer, attorney, realtor, appraiser, finance agency, insurance agency, investment agency, travel agency, mortgage company Medical, dental, chiropractic, counseling or other health-related office or clinic Repair store that provides services for the repair of home, garden, yard and personal use appliances, tool or equipment (except for motorized vehicles or gas-powered equipment). All repair work shall be done inside the building and there shall not be any outdoor sales or storage. The City will allow uses similar to those listed above in this section if the proposed use would not create a nuisance and if the use would not be noxious or hazardous. The City Council shall review uses that are not clearly similar to those listed in this section for a determination of compatibility. SECTION 2. This ordinance shall take effect and be in force 30 days from and after its passage and publication, in accordance with Section 3.09 of the City Charter. Public Hearing, Introduction and First Reading by the Mounds View City Council on May 24, 2010. Second Reading and Adoption by the Mounds View City Council on June 14, 2010. PUBLICATION DATE: June 24, 2010 __________________________ Joe Flaherty, Mayor ATTEST: __________________________ James Ericson, Clerk-Administrator (seal) ORDINANCE SUMMARY ORDINANCE NO. 845 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING CHAPTER 1112.02 OF THE MOUNDS VIEW ZONING CODE TO ADD ADDITIONAL PERMITTED USES TO THE B-1, NEIGHBORHOOD BUSINESS, ZONING DISTRICT On June 14, 2010, the Mounds View City Council adopted an ordinance that amends Chapter 1112.02 of the zoning code, adding additional permitted uses to the B-1, Neighborhood Business zoning district. The ordinance is on file and available for public viewing at the office of the Clerk Administrator. The ordinance is posted in its entirety on the City’s website, located at www.ci.mounds-view.mn.us James Ericson Clerk-Administrator Item No: 7J Meeting Date: June 14, 2010 Type of Business: Action City Administrator Review: ________ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Heidi Heller, Planning Associate Item Title/Subject: Resolution 7623, Reapproving the Final Plat and Development Agreement for the “Select Senior Living” Development; Introduction: On October 27, 2008, the City Council passed Resolution 7347, which approved the final plat and development agreement for the Select Senior Living development. This was the last of the Council actions required in order for the project to move forward. Per city code, an applicant has 120 days to record the plat with Ramsey County, and if the recording does not happen within this timeframe, the plat approval is void. The code also states that the plat can be reapproved and the applicant given up to another 120 days. Due to the shakeup within the banking industry, Select Senior Living was not able to start the project within the allowed 120 days and their final plat and development agreement approval became void. On July 13, 2009, October 26, 2009 and February 22, 2010, the City Council re- approved the final plat and development agreement for this project for an additional 120 days. The applicant anticipates securing financing and will then move forward with this project. Select Senior Living is again asking for a 120 day re-approval of the final plat and development agreement which would expire on October 20, 2010. Chapter 1202.07: Final Plat Approval Procedure Subd. 4. Recording of Final Plat: If the final plat is approved, the subdivider shall, within one hundred twenty (120) days, record it with the County Register of Deeds or Registrar of Titles and, within ten (10) days of recording, furnish the City with a reproducible copy of the final plat showing evidence of the recording; otherwise, the approval of the final plat shall be void, and the Clerk-Administrator shall so notify the County Register of Deeds or Registrar of Titles. Select Senior Living Report June 14, 2010 Page 2 Subd. 5. Re-Approval: In the event the plat is not recordable as approved or the subdivider fails to record within the time prescribed herein, the Council may re-approve the final plat upon the following terms and conditions: a) that the subdivider proves to the satisfaction of the Council that the delay was caused by conditions beyond the control of the subdivider, and b) that the extension of time requested has or will have no adverse effect on the City or property owners of the City, and c) that the Council shall set the time limit of the extension requested but in no event shall it exceed one hundred twenty (120) days. (1988 Code §42.05; 1993 Code). Discussion: Select Senior Living, represented by Joel Larson, has submitted a letter requesting the final plat and development agreement be re-approved for a fourth time. They still plan to construct this project but unfortunately continue running into problems beyond their control. A contractor has been chosen, and the plans have been submitted to the City. Select Senior Living has indicated that they are hopeful that they will soon have all of their financing completed and hope to move forward with the project soon. Recommendations: Staff requests that the City Council pass Resolution 7623, reapproving the Select Senior Living final plat and development agreement. Respectfully submitted, Heidi Heller Planning Associate Attachments: 1. Letter from Joel Larson, Mounds View Select Properties 2. Resolution 7623 MOUNDS VIEW SELECT PROPERTIES, LLC. 12415 – 55TH Street N.  Lake Elmo MN 55042  Ph: (651) 439‐2414           Fax: (651) 439‐3254      June 7th, 2010 Ms. Heidi Heller, Planning Associate CITY OF MOUNDS VIEW 2401 Highway 10 Mounds View MN 55112 Re: Assisted living project Highway 10 & Groveland Dear Ms. Heller: Unfortunately, Mounds View Select Properties, LLC finds it necessary to once again request a re-approval of the final plat and development agreement for its senior care facility to be constructed at Highway 10 and Groveland Avenue. We are in the process of financing the project using housing revenue bond financing with the cities assistance, so we need to ask the city council to extend the current project. Over the past year, we have along with most developers have had hard time getting bank funding so with the way the economy has changed we feel that the bonding process is the right way to push forward Therefore, Based on these changed circumstances, we respectfully request that re-approval of the final plat and development agreement for this project be added to the City Council agenda for its June 14th, 2010 meeting. We have made no changes to the project as originally conceived and as approved in October 2008 and the demand for assisted living facilities within the City has not changed. We are hopeful of a quick re-approval so construction of this project can commence. If you have any questions, please contact me at (651) 439-2414 (office), (651) 248-6785 (cell) or by email at jlarson@goldengate.net. We look forward to finally bringing this project to fruition. Sincerely, Joel Larson, Vice President  RESOLUTION NO. 7623 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RE-APPROVING THE “SELECT SENIOR LIVING” FINAL PLAT AND DEVELOPMENT AGREEMENT; MOUNDS VIEW PLANNING CASE NO. MA2008-002 WHEREAS, Joel Larson, representing Select Senior Living has requested re- approval of the final plat and the Development Agreement for the “Select Senior Living” project on three properties legally-described as follows: Lot 49, Auditor’s Subdivision Number 89, Subject to a 5 foot strip easement along the rear line for public utility use, Ramsey County , Minnesota (PIN 063023310030) And, That part of Lot 48, Auditors Subdivision Number 89 lying South of the North 300 feet front and rear thereof, except that portion taken for the highway right of way purposes. Subject to restrictions contained in Document Number 238161, Ramsey County, Minnesota (PIN 063023310029) And, The South 150 feet of the North 300 feet, front and rear of Lot 48, Auditors Subdivision Number 89, including any portion of any street of alley adjacent thereto, vacated or to be vacated, together with all road privileges, easements and appurtenances thereto attached, Ramsey County, Minnesota (PIN 063023310028) WHEREAS, The above-described lands are zoned R-4, High Density Residential; and, WHEREAS, Select Senior Living submitted a Final Plat, date stamped October 23, 2008, for the major subdivision which combines three lots into one parcel; and, WHEREAS, in accordance with Section 1204.04, Subd. 4, the subdivision is subject to a park dedication fee which would be equivalent to 10% of the assessed value of the project area and a County Highway 10 Trail Contribution; and, WHEREAS, the grading and drainage plan has been reviewed and approved by the City Engineering consultant and the Rice Creek Watershed District has given conditional approval; and, Resolution 7623 Page 2 WHEREAS, the Mounds View City Council has reviewed the following documents regarding this proposal: 1. Preliminary Plat 2. Zoning Map 3. Site Plan, dated September 4, 2008 4. Grading, Utility & Landscape Plans, dated September 18, 2008 5. Planning Commission Resolutions 891-08, 892-08 and 893-08 6. Resolution 7321, Approved September 8, 2008 7. Ordinance 813, First Reading on September 8, 2008 8. Development Agreement 9. Final Plat, dated October 23, 2008 10. Resolution 7347, Approved October 27, 2008 WHEREAS, on August 25, 2008 and September 8, 2008, the Mounds View City Council held a duly noticed public hearing about this development and major subdivision and approved Resolution 7321 that approved the “Select Senior Living” preliminary plat; and, WHEREAS, the City attorney and City engineering consultant have reviewed the final plat and finds it to be in conformance with all applicable sections of the Mounds View Municipal Code, subject to the conditions and requirements contained in this Resolution; and, WHEREAS, on October 27, 2008, the Mounds View City Council approved Resolution 7347 which approved the final plat and development agreement for the “Select Senior Living” subdivision; and, WHEREAS, the applicant was not able to record the plat within the required 120 days due to issues beyond their control, which caused the final plat and development agreement approval to become null and void; and, WHEREAS, on July 13, 2009, October 26, 2009 and February 22, 2010, the Mounds View City Council re-approved the final plat and development agreement for the project for an additional 120 days. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council, having already approved the Preliminary Plat and Final Plat, re-approves the Final Plat and Development Agreement for the “Select Senior Living” subdivision, subject to stipulations as follows: 1. Prior to the Final Plat execution, Select Senior Living shall pay to the City a park dedication fee in the amount of $32,150.00, and a County Highway 10 Trail Contribution in the amount of $8,040. Resolution 7623 Page 3 2. Select Senior Living shall enter into the Development Agreement with the City and said document shall be recorded with Ramsey County. 3. Select Senior Living shall obtain final approval from Rice Creek Watershed District and the Minnesota Pollution Control Agency before construction activity begins. 4. No demolition, grading or construction activity may proceed without the contractor obtaining all necessary permits. 5. All utilities within the development area shall be located underground. 6. The developer or contractor shall obtain the necessary permits for any and all work occurring within the City and County right of way. 7. Select Senior Living shall successfully complete any and all requirements after final review of the final plat by the City Attorney. 8. The approval contemplated herein is subject to the condition that Select Senior Living must pay for all costs concerning this subdivision incurred by the City Attorney, city consultants, and any other costs of a similar nature. NOW, THEREFORE, BE IT FINALLY RESOLVED that re-approval of this final plat and Development Agreement is subject to recordation with Ramsey County, which shall occur within one hundred twenty (120) days of City Council approval. Within 10 days of the recording, Select Senior Living shall furnish the City with proof of the recording; otherwise, the approval of the final plat shall be void. Adopted this 14th day of June, 2010. _____________________________________ Joe Flaherty, Mayor ATTEST: _____________________________________ James Ericson, Clerk - Administrator (SEAL) Item No: 08A Meeting Date: May 24, 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 majority of the licenses are renewals, so at a minimum, they were licensed in 2009. The type of license they are applying for follows the company name. Faircon Service Company HVAC New One Way Building Service General (Commercial) New Residential Heating & Air HVAC Renewal Springborn Heating & Air Conditioning HVAC New Superior Heating, A/C & Electric HVAC Renewal Recommendation: Approve license applications as requested. Corrections made by City Administrator Ericson and Assistant City Administrator Crane PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1 CITY OF MOUNDS VIEW 2 RAMSEY COUNTY, MINNESOTA 3 4 Regular Meeting 5 May 10, 2010 6 Mounds View City Hall 7 2401 Highway 10, Mounds View, MN 55112 8 7:00 P.M. 9 10 11 1. MEETING IS CALLED TO ORDER 12 13 2. PLEDGE OF ALLEGIANCE 14 15 3. ROLL CALL: Flaherty, Stigney, Hull, Mueller, Gunn. 16 17 NOT PRESENT: None. 18 19 4. APPROVAL OF AGENDA 20 A. Monday, May, 2010, City Council Agenda. 21 22 MOTION/SECOND: Mueller/Hull. To Approve the Monday, May 10 , 2010, agenda as 23 presented. 24 25 Ayes – 5 Nays – 0 Motion carried. 26 27 5. PUBLIC INPUT 28 29 Harvey Kowalzek, 2756 Sherwood Road, explained he still had a very large hole in the front of 30 his yard that has not been filled in by the City. He requested the City take further action. 31 32 Director of Public Works DeBar stated he met with Mr. Kowalzek after the last Council meeting. 33 He explained the City could modify the slopes of the infiltration feature. The storm water 34 management regulations would not allow it to be completely filled in. 35 36 Mr. Kowalzek didn’t see how modifications would assist with the gaping hole in his yard. He 37 felt the only solution would be to fill in the drainage area and return his yard to its previous 38 condition. 39 40 Director of Public Works DeBar indicated the swale was on public right-of-way and not on Mr. 41 Kowalzek’s property. 42 43 Mr. Kowalzek felt his property value was significantly reduced because of the rain garden. 44 45 Mounds View City Council May 10, 2010 Regular Meeting Page 2 Mayor Flaherty explained the Rice Creek Watershed District’s requirements needed to be met 1 throughout the entire City to meet new drainage requirements. He assured Mr. Kowalzek that the 2 City was doing all that it could to minimize the impact to neighborhood properties. At this time, 3 the City could not entirely remove the feature. 4 5 Council Member Stigney stated the City did have to comply with Rice Creek Watershed 6 District’s regulations and if the City was short on square footage, infiltration feature could not be 7 mitigated. 8 9 Council Member Hull requested the swale be modified as suggested by Staff and that further 10 discussion be held after that time. 11 12 Council Member Gunn noted she offered her yard for a rain garden. She agreed with the 13 Council’s comments and that further discussion should take place after the feature was modified. 14 15 Council Member Mueller indicated it was unfortunate the contractor still had issues to address. 16 She stated the Council was willing to work with the property owner to modify the feature, but it 17 could not be filled in entirely. 18 19 Mayor Flaherty explained the stormwater management plan was a City-wide initiative based on 20 regulations from the Rice Creek Watershed District. He suggested the contractor be allowed to 21 modify the rain garden and that further discussions ensue after the work was completed. 22 23 Mr. Kowalzek expressed concern with the fact the drainage area could not even be mowed at this 24 point. 25 26 Director of Public Works DeBar noted the City would modify the slope of the drainage area 27 enough to be able to be mowed. 28 29 Mayor Flaherty indicated plantings could be placed on the slope of the infiltration feature as well 30 to reduce the maintenance of this area. 31 32 6. SPECIAL ORDER OF BUSINESS 33 A. Proclamation – National Public Works Week. 34 35 Mayor Flaherty read a proclamation and declared May 16-22, 2010 National Public Works 36 Week. He encouraged all residents to acknowledge the tremendous efforts of the public works 37 employees throughout the City. 38 39 B. Proclamation – National Police Week. 40 41 Council Member Mueller read a proclamation and declared May 9-15, 2010 National Police 42 Week. She noted the City publicly salutes the police officers in the community and across the 43 nation. 44 45 Mounds View City Council May 10, 2010 Regular Meeting Page 3 Mayor Flaherty thanked the men and women who serve as police officers and for the protection 1 provided to each and every resident of Mounds View. 2 3 7. COUNCIL BUSINESS 4 A. 7:05 PM Public Hearing to Consider Resolution 7610, a Conditional Use 5 Permit for an Oversized Garage at 7406 Spring Lake Road 6 7 Planning Associate Heller stated that the applicants, Jason and Darcie Kramber, are requesting 8 approval of a conditional use permit to construct an oversized garage on their property at 7406 9 Spring Lake Road. The Kramber’s own this vacant lot and plan to build a new home. The applicants 10 want to build a 3-car garage that has extra storage space with the construction of their new home. 11 The applicants have submitted new house plans that include a garage that would be larger than what 12 the City Code allows. The City limits the size of accessory buildings, whether attached or detached 13 from the house, to a maximum of 952 square feet. Anything larger than 952 square feet must get City 14 approval of a conditional use permit. The garage the Kramber’s are proposing with their new house 15 would be 1,020 square feet, and was needed for additional storage. 16 17 Mayor Flaherty opened the public hearing at 7:31 p.m. 18 19 Patricia Johnson, 7380 Spring Lake Road, requested information on how the buildings would be 20 situated on the property. 21 22 Planning Associate Heller reviewed the building locations in detail. She noted the existing 23 driveway would be abandoned and would no longer cross over the neighboring property. 24 25 Hearing no additional public input, Mayor Flaherty closed the public hearing at 7:35 p.m. 26 27 MOTION/SECOND: Gunn/Mueller. To Waive the Reading and Adopt Resolution 7610, a 28 Conditional Use Permit for an Oversized Garage at 7406 Spring Lake Road. 29 30 Ayes – 5 Nays – 0 Motion carried. 31 32 B. Second Reading and Adoption of Ordinance 842, an Ordinance updating 33 Chapter 1301 of the City Code, Flood Plain Management Regulations. 34 35 Community Development Director Roberts stated that Mounds View participates in the National 36 Flood Insurance Program as administered by the Federal Emergency Management Agency. The 37 Minnesota Department of Natural Resources and FEMA has informed City staff that Mounds 38 View needs to adopt new floodplain regulations by June 4, 2010. The First Reading was 39 completed on April 26, 2010. The Ordinance language update is necessary to keep the City and 40 the affected properties eligible for federal flood insurance as part of the federal program. 41 42 Council Member Mueller thanked staff for its efforts in completing this Ordinance. 43 44 MOTION/SECOND: Mueller/Stigney. To Waive the Second Reading and Adopt Ordinance 45 Mounds View City Council May 10, 2010 Regular Meeting Page 4 842, an Ordinance updating Chapter 1301 of the City Code, Flood Plain Management 1 Regulations and that Staff publish a Summary. 2 3 ROLL CALL: Stigney/Hull/Muller/Gunn/Flaherty. 4 5 Ayes – 5 Nays – 0 Motion carried. 6 7 C. Second Reading and Adoption of Ordinance 843, an Ordinance Amending 8 Chapters 502 and 503 of the Municipal Code about Liquor Licenses. 9 10 Clerk-Administrator Ericson stated that staff has been working with the City Attorney for the last 11 few months reviewing Chapters 502 and 503 of the City Code relating to liquor licenses in an 12 effort to make necessary updates, eliminate confusing or inconsistent provisions and to 13 incorporate new legislation. The proposed Ordinance is a comprehensive rewrite of the chapters 14 in question and would bring the Ordinance into compliance with present statutes. 15 16 Council Member Mueller asked if there was an additional fee for outdoor consumption licenses. 17 Clerk-Administrator Ericson indicated there was no additional fee at this time. 18 19 Council Member Mueller questioned if the Proof of Financial Responsibility amounts were set 20 by State Statute. Clerk-Administrator Ericson stated he wasn’t certain if amounts were set by 21 statute but were approved by the attorneys. 22 23 MOTION/SECOND: Gunn/Mueller. To Waive the Second Reading and Adopt Ordinance 843, 24 an Ordinance Amending Chapters 502 and 503 of the Municipal Code about Liquor Licenses and 25 that Staff publish a Summary. 26 27 ROLL CALL: Stigney/Hull/Muller/Gunn/Flaherty. 28 29 Ayes – 5 Nays – 0 Motion carried. 30 31 D. Second Reading and Adoption of Ordinance 844, an Ordinance Amending 32 the Mounds View Municipal Code by Changing all References of “Clerk-33 Administrator” to “City Administrator”. 34 35 Clerk-Administrator Ericson stated that in 2009, the Charter Commission was asked to consider 36 amending the Charter to update the title of the Clerk-Administrator position to a more commonly 37 used title, such as City Administrator. On March 8, 2010, the City Council adopted Ordinance 38 841 which revised the City Charter by replacing all instances of “Clerk-Administrator” with 39 “City Administrator.” At that meeting, staff communicated to the City Council that a second 40 ordinance would be needed to effectuate the same change throughout the municipal code. 41 Ordinance 844 accomplishes this comprehensive amendment. 42 43 44 MOTION/SECOND: Mueller/Hull. To Waive the Second Reading and Adopt Ordinance 844, 45 Mounds View City Council May 10, 2010 Regular Meeting Page 5 an Ordinance Amending the Mounds View Municipal Code by Changing all References of 1 “Clerk-Administrator” to “City Administrator” and that Staff publish a Summary. 2 3 ROLL CALL: Stigney/Hull/Muller/Gunn/Flaherty. 4 5 Ayes – 5 Nays – 0 Motion carried. 6 7 E. Resolution 7613, Awarding the Purchase of Employee Gift Certificates for 8 the June 16, 2010, Employee Appreciation Day. 9 10 Assistant Clerk-Administrator Crane stated that the City will provide eligible employees gift 11 certificates for a Five-Year Employment Milestone. The total needed would be $625. In the 12 past, the City has also provided a luncheon to appreciate the hard work and dedication of city 13 employees, but this year would be conducted as a potluck style lunch. These gift certificates 14 have been awarded to the eligible employees during the annual employee appreciation luncheon. 15 16 MOTION/SECOND: Gunn/Hull. To Waive the Reading and Adopt Resolution 7613, Awarding 17 the Purchase of Employee Gift Certificates for the June 16, 2010, Employee Appreciation Day. 18 19 Mayor Flaherty stated it was important to recognize the valued and loyal employees in the City of 20 Mounds View. 21 22 Ayes – 5 Nays – 0 Motion carried. 23 24 F. Resolution 7614, Authorizing the Advertisement and Hire of a Temporary 25 Part Time Building Inspector. 26 27 Community Development Director Roberts stated that the City has not had a part time building 28 inspector for the past year, since Don Burda resigned. It was become apparent to City staff that 29 the City needs additional inspection help. This assistance would be to meet the needs of the 30 property owners, contractors, and to prevent the burnout of the existing City inspection staff. To 31 this end, City staff is requesting Council approve the advertisement for a temporary part-time 32 building inspector. The temporary part time building inspector provide up 15 to 40 hours per 33 week at an hourly rate of $15.00 per hour. The City is funding the temporary building inspector 34 position for up to 7,200 hours in 2010 with the understanding the City will be setting the exact 35 work hours as needed. 36 37 Council Member Hull questioned how the hours per week would be set. Community 38 Development Director Roberts felt the hours would vary each week and would be assigned as 39 needed. He indicated permits were on the rise which means the number of inspections would 40 also be increasing. 41 42 Council Member Mueller asked what the City budgeted for a part time building inspector for 43 2010. Community Development Director Roberts explained $26,000 was budgeted. The 44 proposed position was seasonal and significantly below the budgeted amount. The permit and 45 Mounds View City Council May 10, 2010 Regular Meeting Page 6 license fees are projected to cover the part time inspector expense. 1 2 Council Member Mueller thanked staff for bringing forward the seasonal option that would meet 3 the needs of the City while not overly impacting the budget. 4 5 Council Member Stigney indicated he did not want to see the temporary worker putting in hours 6 for the City if there were no inspections. 7 8 Mayor Flaherty encouraged all staff to create efficiencies within their departments to eliminate 9 the need of increased staffing keeping in mind the budget crisis would continue. 10 11 MOTION/SECOND: Mueller/Hull. To Waive the Reading and Adopt Resolution 7614, 12 Authorizing the Advertisement of a Seasonal Temporary Part Time Building Inspector at $15 per 13 hour for a maximum of 7,200 Hours in 2010. 14 15 Ayes – 5 Nays – 0 Motion carried. 16 17 8. CONSENT AGENDA 18 19 Council Member Gunn asked to remove Item E. 20 21 A. Licenses for Approval. 22 B. Set a Public Hearing for 7:05 pm, May 24, 2010, to Review and Consider the 23 Five Year Financial Plan. 24 C. Resolution 7615, Revising the 2010 Fee Schedule by Adding a Temporary 25 Liquor License Fee. 26 D. Set a Public Hearing for 7:10 pm, May 24, 2010, to Consider Ordinance 845, 27 a Zoning Code Amendment to Chapter 1112, B-1 Neighborhood Business 28 District, by adding Thrift Store, and other additional permitted uses. 29 E. Set a Public Hearing for 7:15 pm, May 24, 2010, to Consider a Conditional 30 Use Permit for Outdoor Sales-Farmer’s Market, at 2430 Highway 10 31 (Wynnsong Movie Theater parking lot). 32 33 MOTION/SECOND: Gunn/Mueller. To Approve the Consent Agenda Items A-D. 34 35 Ayes – 5 Nays – 0 Motion carried. 36 37 E. Set a Public Hearing for 7:15 pm, May 24, 2010, to Consider a Conditional 38 Use Permit for Outdoor Sales-Farmer’s Market, at 2430 Highway 10 39 (Wynnsong Movie Theater parking lot). 40 41 Council Member Gunn questioned who was requesting the permit and where would it be located. 42 Community Development Director Roberts stated he wasn’t sure of the applicant, but noted the 43 person had operated a farmer’s market in the past. Associate Planner Heller had dealt with the 44 permit thus far and Saturday morning was the suggested date of operation. Additional 45 Mounds View City Council May 10, 2010 Regular Meeting Page 7 information would be provided to Council at the next meeting. 1 2 MOTION/SECOND: Gunn/Mueller. To Set a Public Hearing for 7:15 pm, May 24, 2010, to 3 Consider a Conditional Use Permit for Outdoor Sales-Farmer’s Market, at 2430 Highway 10 4 (Wynnsong Movie Theater parking lot). 5 6 Ayes – 5 Nays – 0 Motion carried. 7 8 9. JUST AND CORRECT CLAIMS 9 10 Finance Director Beer answered the Council's questions related to claims. 11 12 MOTION/SECOND: Mueller/Stigney. To Approve the Just and Correct Claims as presented. 13 14 Ayes – 5 Nays – 0 Motion carried. 15 16 10. APPROVAL OF MINUTES 17 A. April 12, 2010, City Council Meeting Minutes. 18 19 Council Member Mueller requested a correction on Page 5, Line 44 to correct the spelling of a 20 last name. 21 22 MOTION/SECOND: Flaherty/Stigney. To Approve the April 12, 2010, City Council meeting 23 minutes as corrected. 24 25 Ayes – 5 Nays – 0 Motion carried. 26 27 11. REPORTS 28 A. Reports of Mayor and Council. 29 30 Council Member Mueller noted that May 22nd and 23rd was Aviation Days at the Anoka County 31 Airport. Parking was free and donations would be accepted for the event to celebrate the history 32 of aviation. Proceeds will benefit the Wings Museum. 33 34 Council Member Mueller indicated the Irondale Marching Band will be canvassing 35 neighborhoods for their fundraiser to assist with an upcoming band trip. 36 37 Council Member Mueller stated the Festival in the Park Car and Tractor Show would be held on 38 August 21, 2010. 39 40 Council Member Hull thanked staff members Jeremiah Anderson and Ken Roberts for their 41 efforts to resolve a dispute between two neighbors in the City of Mounds View. 42 43 Mounds View City Council May 10, 2010 Regular Meeting Page 8 Mayor Flaherty read a letter and resolution from Representative Tillberry noting the City of 1 Mounds View was selected as an American Crown Community. He felt this was an honor and 2 reflected well on the efforts of City staff, Commissions, task forces and the Council. 3 4 B. Reports of Staff. 5 6 Clerk-Administrator Ericson reminded Council of the League of Minnesota Conference in St. 7 Cloud this June. He reported the 2010 budget has funds set aside if Councilmembers wished to 8 attend. 9 10 Finance Director Beer reviewed approximate cuts to State Aid with the Council noting the 11 current State deficit was $3 billion. He indicated he would provide additional information when 12 available. 13 14 C. Reports of City Attorney. 15 16 None. 17 18 12. Next Council Work Session: Monday, June 7, 2010, at 7:00 p.m. 19 Next Council Meeting: Monday, May 24, 2010, at 7:00 p.m. 20 21 13. ADJOURNMENT 22 23 The meeting was adjourned at 8:37 p.m. 24 25 Transcribed by: 26 27 Carla Wirth 28 TimeSaver Off Site Secretarial, Inc. 29 PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Executive Session Date: May 24, 2010 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 Time: 6:00 p.m. 1. EXECUTIVE SESSION IS CALLED TO ORDER 2. ROLL CALL: Mayor Flaherty, Council Members Stigney, Hull, Mueller, and Gunn, Clerk- Administrator Ericson, Assistant City Administrator Crane, Finance Director Beer and City Attorney Bob Alsop 3. CLOSED EXECUTIVE SESSION DISCUSS UNION LABOR CONTRACT NEGOTIATIONS Clerk-Administrator Ericson, City Attorney Alsop and Council reviewed and discussed the status of the LELS Police union contract negotiations. MEETING ADJOURNED AT 6:52p.m. Respectfully Submitted, Desaree Crane Assistant City Clerk-Administrator