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HomeMy WebLinkAboutMinutes - 2011/02/14 • PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL I/ p CITY OF MOUNDS VIEW RAMSEY COUNTY,MINNESOTA AppRO v Regular Meeting February 14,2011 Mounds View City Hall 2401 Highway 10,Mounds View,MN 55112 7:00 P.M. 1. MEETING IS CALLED TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Flaherty, Stigney, Hull,Mueller, Gunn. NOT PRESENT: None. 4. APPROVAL OF AGENDA A. Monday,February 14,2011,City Council Agenda. IIIMOTION/SECOND: Mueller/Hull. To Approve the Monday, February 14, 2011, agenda as presented. Ayes—5 Nays—0 Motion carried. 5. PUBLIC INPUT None. 6. SPECIAL ORDER OF BUSINESS None. 7. COUNCIL BUSINESS A. 7:05 p.m.Public Hearing: 1. Resolution 7739, Approving an On-Sale Intoxicating Liquor License Transfer from MoundsVista, Inc., (dba The Mermaid) to Mermaid Acquisition Group,Inc.at 2200 Highway 10. Assistant City Administrator Crane explained that MoundsVista, Inc. has a working relationship with Mermaid Acquisition Group and would like to transfer the On-Sale Intoxicating Liquor License. All City requirements have been met at this time and all outstanding property taxes • have been paid in full. She indicated it has been a great pleasure working with Michael Mounds View City Council February 14,2011 Regular Meeting Page 2 • Anderson, and his staff at the Mermaid Acquisition Group. Staff recommended approval of the license transfer. Mayor Flaherty opened the public hearing at 7:08 p.m. Hearing no public input,Mayor Flaherty closed the public hearing at 7:08 p.m. MOTION/SECOND: Gunn/Mueller. To Waive the Reading and Adopt Resolution 7739, Approving an On-Sale Intoxicating Liquor License Transfer from MoundsVista, Inc., (dba The Mermaid)to Mermaid Acquisition Group, Inc. at 2200 Highway 10. Mayor Flaherty welcomed the Mermaid Acquisition Group to the City of Mounds View. He questioned when the acquisition would occur and why there was a need for a management contract. Michael Anderson, President of Mermaid Acquisition Group, indicated the Mermaid was in default with the bank due to outstanding and unpaid taxes. The purchase could not be completed until those issues were resolved. Mr. Anderson indicated his organization wanted to see business continue as usual while the issues were resolved, which was the reason for the management contract. He thanked staff for working with him so diligently on the license transfers. Ayes—5 Nays—0 Motion carried. 2. Resolution 7740, Approving a Bowling and Restaurant License Transfer • from MoundsVista, Inc. (dba The Mermaid) to Mermaid Acquisition Group,Inc.at 2200 Highway 10. Assistant City Administrator Crane stated that MoundsVista, Inc. has a working relationship with Mermaid Acquisition Group and would like to make a license transfer for Bowling and Restaurant services. Staff recommended approval of the license transfer. Councilmember Mueller questioned if The Mermaid employees retained their positions with this acquisition. Michael Anderson, President of Mermaid Acquisition Group, stated staffing has not changed at the Mermaid. MOTION/SECOND: Mueller/Hull. To Waive the Reading and Adopt Resolution 7740, Approving a Bowling and Restaurant License Transfer from MoundsVista, Inc., (dba The Mermaid)to Mermaid Acquisition Group, Inc. at 2200 Highway 10. Ayes—5 Nays—0 Motion carried. B. Resolution 7734, A Resolution Concerning the Commencement of Formal renewal proceedings under the federal cable communications policy act of 1984,as amended. City Administrator Ericson indicated in October 2010, the City received correspondence from • Mounds View City Council February 14,2011 • Regular Meeting Page 3 Comcast indicating they would like to move forward with the renewal process. The current cable commission renewal is set to expire in October of 2013. The Resolution before the Council will provide Comcast with the knowledge that they have the right to negotiate on the City's behalf. All member cities would need to approve this document. Staff recommends approval of the Resolution. Rick Montour, Cable Commission member, encouraged the Council's support and reviewed the City's within the Commission that already approved the Resolution. Mayor Flaherty questioned if this was a continuation of the previous agreement. Steve Gazetta, North Suburban Cable Commission, indicated the Resolution was not an extension but a new agreement with Comcast. He explained the Commission would begin negotiating terms for the 10 member cities. Mayor Flaherty asked what changes would be expected through the new agreement. Mr. Gazetta stated cable television services would be provided, but there would be no guarantee of telephone or internet services. The FCC has ordered new requirements for cable providers and franchise fees. The Commission was aware of these new limits. He further reviewed the negotiation and contracting process with the Council and encouraged the City of Mounds View to remain united with the Commission through this process. • Councilmember Stigney inquired if the 5% franchise fee would be an issue for Comcast. Mr. Gazetta stated the 5% was not the issue, more so the gross or net revenues from which this percentage was taken. He explained the current contract was based on gross revenues. Councilmember Mueller questioned the term length for this contract and how the term would be negotiated. Mr. Gazetta stated the term of the contract would be negotiated with Comcast and would depend on the commitment that Comcast is willing to make to the franchise term. In some cases there would be a ten year commitment and others are five years. Mayor Flaherty asked how the negotiated contract with Comcast affected the residents of Mounds View. Finance Director Beer stated residents would see a 5% franchise fee written into their billing statements, along with a $3.50 peg fee. These 5% franchise fee funds were then returned to the City funding a cable productions position for the City. The peg fees were passed along to the Commission. Commissioner Gunn inquired if free local channel hookup would be available through Comcast in the new contract. Mr. Montour stated the universal service would be negotiated. If all communities felt strongly about this issue,it would be conveyed to Comcast. Councilmember Stigney questioned if Comcast was collecting 5% for cable, telephone and internet. Mr. Montour stated at one time, Comcast was collecting for internet services, but regulations have changed and internet services were now viewed as informational. 411 Councilmember Mueller thanked the gentleman for their efforts on the negotiations that would Mounds View City Council February 14,2011 Regular Meeting Page 4 • take place on behalf of the City of Mounds View. Finance Director Beer questioned if any further funds would be needed for negotiations. Mr. Montour indicated the Commission has budgeted legal fees for the negotiations. However, if the process were to be long and drawn out,the Commission may come back before the City. MOTION/SECOND: Mueller/Stigney. To Waive the Reading and Adopt Resolution 7734, A Resolution Concerning the Commencement of Formal Renewal Proceedings under the Federal Cable Communications Policy Act of 1984, as amended. Councilmember Mueller requested that a summary of the Resolution and tonight's discussion be posted on the City's website for informational purposes. Ayes—5 Nays—0 Motion carried. C. Resolution 7738,Approving Transfers Between Funds for the Year 2010. Finance Director Beer stated indicated the proposed transfers were budgeted in 2010 and were being made to coincide with capital outlay projects and EDA expenditures. He requested the Council approve the transfers as submitted. MOTION/SECOND: Gunn/Mueller. To Waive the Reading and Adopt Resolution 7738, • Approving Transfers Between Funds for the Year 2010. Ayes—5 Nays—0 Motion carried. D. Resolution 7742, Authorizing KLM Engineering, Inc. to Prepare Technical Specifications for the Elevated Water Tower Reconditioning Project. Public Works Director DeBar explained the City was looking to contract with KLM Engineering to prepare technical specifications for the City's water tower. The water tower was in need of repair and the work was budgeted for 2011. Staff explained the project would be an open bid process and the design plans would come before the Council once completed. The City would be teaming with KLM through the design process. Staff recommended Council authorize the engineering services and proceed with the water tower reconditioning. Councilmember Mueller asked how the City would proceed with this item if funds were not budgeted. Public Works Director DeBar stated the tower would continue to degrade and the City's water quality would be affected. However, this was not the case, at this time. MOTION/SECOND: Mueller/Hull. To Waive the Reading and Adopt Resolution 7742, Authorizing KLM Engineering, Inc. to Prepare Technical Specifications for the Elevated Water Tower Reconditioning Project. Ayes—5 Nays—0 Motion carried. • Mounds View City Council February 14,2011 Regular Meeting Page 5 E. Resolution 7737, Reapproving the Final Plat for the Select Senior Living Project at County Highway 10 and Groveland Road. Community Development Director Roberts indicated Mr. Larson of Select Senior Living has requested the Council reapprove the Final Plat for an additional 120 days. If approved, the plat would be extended to June 14, 2011. The Council first approved the project in October of 2008. The collapse of the real estate and banking markets has provided some difficulties with this project. Community Development Director Roberts explained the original Final Plat approval will expire shortly. No changes have been made to the plat or development plans. The re-approval would allow Select Senior Living the necessary timing to complete the financing for this development. Staff recommended Council reapprove the Final Plat. Mayor Flaherty appreciated Mr. Larson's efforts on behalf of this project. John Sommerdorf indicated he purchased the property adjacent to Select Senior Living in December and was seeking additional information on the proposed development. Mayor Flaherty and the Councilmembers provided further details on the Select Senior Living development. • MOTION/SECOND: Flaherty/Hull. To Waive the Reading and Adopt Resolution 7737, Reapproving the Final Plat for the Select Senior Living Project at County Highway 10 and Groveland Road. Councilmember Mueller questioned if the property had been purchased by Select Senior Living. Community Development Director Roberts indicated the property had not yet been purchased. Councilmember Mueller asked when the site would be ready for occupancy. Community Development Director Roberts stated occupancy would take place 12 months after breaking ground. Ayes—5 Nays—0 Motion carried. F. Police Department Personnel Actions: 1. Resolution 7735, Approving the Promotion of Sgt. Steve Menard to the Position of Deputy Police Chief. Police Chief Kinney requested the Council approve the promotion of Sergeant Steve Menard to the position of Deputy Police Chief. This position has been vacant for 16 months. The promotion was discussed and approved by the Police Civil Service Commission on January 26, 2011. Staff recommended the Council approve the promotion of Steve Menard to Deputy Police Chief. • Mounds View City Council February 14,2011 Regular Meeting Page 6 • MOTION/SECOND: Gunn/Mueller. To Adopt Resolution 7735, Approving the Promotion of Sgt. Steve Menard to the Position of Deputy Police Chief. Councilmember Hull questioned if the police department staff was becoming too young and inexperienced. Police Chief Kinney did not feel this was a concern as Sergeant Menard was well qualified for this promotion. He stated there was a good mix of personnel, both veterans and new recruits. Councilmember Mueller felt it greatly benefited the City and the Police Department to promote these positions from within. Councilmember Stigney questioned if the Deputy Police Chief position needed to be filled at this time. The State has a huge budget deficit and he felt the structure of the Department should be reviewed prior to approving this promotion. Councilmember Stigney indicated that while Steve Menard was an excellent candidate, he would not support the promotion this evening. Mayor Flaherty noted this was discussed by the Council, but the majority of the Council wanted to proceed with filling this position. Ayes—4 Nays— 1 (Stigney) Motion carried. 2. Resolution 7736, Approving the Promotion of Officer Tim Wolf to the • Position of Sergeant. Police Chief Kinney stated that as a result of the promotion of Steve Menard to Deputy Police Chief, the Department would now have a Sergeant vacancy. From the current eligibility list, he recommended Officer Tim Wolf be promoted to the position of Sergeant. MOTION/SECOND: Mueller/Hull. To Adopt Resolution 7736, Approving the Promotion of Officer Tim Wolf to the Position of Sergeant. Councilmember Stigney commented that while Tim Wolf was an excellent candidate, he would not support the promotion as he felt the Police Department needed to further review the structure of the organization. Councilmember Mueller indicated the Police Department has addressed overtime and staffing issues and did not feel the promotion was a concern. Long range sustainability was reviewed and the public's safety should be of the utmost concern. She supported the promotion as presented. Ayes—4 Nays— 1 (Stigney) Motion carried. G. Resolution 7743, Approving the Purchase of One 2011 Ford Crown Victoria Squad Car and One 2011 Four Wheel Drive Chevrolet Tahoe. Police Chief Kinney explained the Police Department was requesting to purchase a 2011 Ford • Mounds View City Council February 14,2011 IIIRegular Meeting Page 7 Crown Victoria along with a four wheel drive Chevrolet Tahoe. Two older vehicles would be cycled out to make room for the newer vehicles. The four wheel drive vehicle would provide the Department with increased response times during the winter months. He stated that no vehicles were purchased in 2010 for the Department. He noted the vehicles would be funded through the general fund and the Police forfeiture funds. Staff recommended the Council proceed with the two vehicle purchases with a black and white color design. Councilmember Mueller requested further information on the Police forfeiture fund. Police Chief Kinney indicated funds in this account were gained through the sales of vehicles at auction. These vehicles would have been seized through drug or drunk driving offenses. Councilmember Hull questioned what funds would be used to replace the Tahoe in five years. Police Chief Kinney indicated if the Department had enough funds in the forfeiture funds account,this could be used, otherwise the general fund would be used for budgeting purposes. Mayor Flaherty supported the purchase of the Tahoe as it would increase the Police Officer's response time during the winter months. MOTION/SECOND: Mueller/Gunn. To Waive the Reading and Adopt Resolution 7743, Approving the Purchase of One 2011 Ford Crown Victoria Squad Car and One 2011 Four Wheel Drive Chevrolet Tahoe. IIICouncilmember Stigney commented the black and white vehicles were not necessary or needed expenses at this time. He felt the four wheel drive vehicle was over and above the needs of the Department. For these reasons,he would not support the purchase of the vehicles this evening. Councilmember Mueller indicated the pricing provided by the State vendor for these vehicles was extremely reasonable and provided the City with substantial savings. Ayes—3 Nays—2(Stigney and Hull) Motion carried. H. Resolution 7744, Authorizing Barr Engineering Company to Prepare Part 1 of the Wellhead Protection Plan. Public Works Director DeBar explained the State has been reviewing well vulnerability and determining measures needed for a Wellhead Protection Plan. The Plan would assist with protecting the source water used by the City. This was not a voluntary program, but rather an unfunded State mandate. However, prevention of well contamination was much more cost effective than remediation. Public Works Director DeBar explained the City has six wells that draw from four aquifers. The Wellhead Protection Plan, Part 1, would analyze each well, its water flow and delineation along with potential contaminants. The second part would be addressed at a future date and had to be completed by April of 2013. III Mounds View City Council February 14,2011 Regular Meeting Page 8 Public Works Director DeBar noted the City solicited bids from several engineering • organizations and Barr Engineering provided a bid for services totaling $12,000. Barr Engineering completed a Wellhead Protection Plan for a neighboring community which would provide for savings to the City of Mounds View. Staff recommended the Council authorize Barr Engineering to proceed with Part 1 of the Wellhead Protection Plan. Councilmember Stigney questioned what cost savings the City would see by using Barr Engineering. Public Works Director DeBar stated he was unaware what the City of New Brighton paid. However, the Department of Health estimates the expense to be$25,000-50,000. Councilmember Stigney requested that staff speak with New Brighton regarding the expenses paid to Barr Engineering for their Wellhead Protection Plan. Councilmember Mueller asked if this unfunded mandate could be completed through a multi- community wellhead protection plan to create greater cost savings. Public Works Director DeBar stated this may be a possibility,but there was not a joint powers agreement in place at this time. In addition,each City had its own way of completing the work. Mayor Flaherty questioned when the State mandated the Wellhead Protection Plan. Public Works Director DeBar stated it was mandated in 1986. The rules governing the program were adopted in 1997. Cities have been phased into the program as time allows. If the City chose not to participate in this program,the City would be issued a non-compliance citation. • Mayor Flaherty expressed frustration with State and Federal unfunded mandates and the stress it placed on municipalities. MOTION/SECOND: Mueller/Hull. To Waive the Reading and Adopt Resolution 7744, Authorizing Barr Engineering Company to Prepare Part 1 of the Wellhead Protection Plan, for an expense not to exceed$14,800. Ayes—5 Nays—0 Motion carried. 8. CONSENT AGENDA A. Resolution 7741, A Resolution Approving a Charitable Gambling Premises Permit for Blaine Lions Club to conduct Charitable Gambling at Robert's Sports Bar and Entertainment. MOTION/SECOND: Gunn/Hull. To Approve the Consent Agenda as presented. Ayes—5 Nays—0 Motion carried. 9. JUST AND CORRECT CLAIMS Finance Director Beer answered the Council's questions related to claims. • Mounds View City Council February 14,2011 • Regular Meeting Page 9 MOTION/SECOND: Mueller/Gunn. To Approve the Just and Correct Claims as presented. Ayes—5 Nays—0 Motion carried. 10. APPROVAL OF MINUTES A. Monday,January 10,2011,City Council Meeting Minutes. Council Member Mueller requested a correction on Page 7,Line 28, should read Dick"Kelner". MOTION/SECOND: Gunn/Hull. To Approve the January 10, 2011, City Council meeting minutes as corrected. Ayes—5 Nays—0 Motion carried. B. Monday,January 24,2011,City Council Meeting Minutes. Council Member Mueller requested a correction on Page 4, Lines 1, 2, 3 and 10, to correct Mary Tatarek's last name. MOTION/SECOND: Mueller/Hull. To Approve the January 24, 2011, City Council meeting • minutes as corrected. Ayes—5 Nays—0 Motion carried. 11. REPORTS A. Reports of Mayor and Council. Mayor Flaherty noted the Council and Staff Retreat would be held February 15th at 6:00 p.m. at Random Park. The Council would be reviewing goals and strategies for 2011 while discussing the 2012 budget. He invited the public to attend. Mayor Flaherty indicated he attended the Mounds View Business Council meeting at the MedTronic facility this past Wednesday. Representative Tom Tillberry was a special speaker at the meeting. He invited the Council to attend the March 9th Mounds View Business Council, 7:30 a.m., at Mounds View Motor Company. Mayor Flaherty stated he attended the North Metro Mayor's Association meeting where it was explained preliminary discussions have begun between the City of Arden Hills and State Representatives to bring the Minnesota Vikings to the TCAAP site. There was a great deal of unknowns at this time. Councilmember Hull wished his wife and daughter a Happy Valentine's Day. 110 Mounds View City Council February 14,2011 Regular Meeting Page 10 • Councilmember Mueller indicated Ramsey County Sheriff Matt Bolstrom invited all Scouts to Arden Hills on February 266 from 9:00 a.m.-12:00 p.m. to explore public safety and DARE information. She thanked Sheriff Bolstrom for providing this event to the Scouts. Councilmember Mueller noted she would be attending an upcoming Experience Leadership" seminar on February 25th and 266 Councilmember Mueller stated the next Festival in the Park meeting would be held on February 22"d Additional volunteers were still needed for the event. She encouraged those interested to call City Hall for further information. Councilmember Mueller congratulated Medtronic for their FDA approval on a new medical device. B. Reports of Staff. City Administrator Ericson reported the North Metro Home and Garden Show was scheduled for Saturday,February 26th from 9:00 a.m.-2:00 p.m. at the Schwan's Center. He indicated he would meet with Salem Baptist this Friday to discuss further programs and improvements that can be funded through their donation to the City. City Administrator Ericson explained that last week he met with the owner of Creative Kids • Academy. The marketplace had other opportunities available to this business and the Council would need to discuss options to keep the tenant in the Community Center building. Community Development Director Roberts noted the latest edition of the Mounds View Matters would be mailed to all addresses in the City by March 1St C. Reports of City Attorney. City Attorney Riggs had no report. 12. Next Council Work Session: Monday,March 7,2011,at 7:00 p.m. Next Council Meeting: Monday,February 28,2011,at 7:00 p.m. 13. ADJOURNMENT The meeting was adjourned at 9:24 p.m. Transcribed by: Heidi Guenther TimeSaver Off Site Secretarial, Inc. •