Loading...
HomeMy WebLinkAboutMinutes - 2012/09/24 PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting September 24, 2012 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, September 24, 2012, City Council Agenda. MOTION/SECOND: Mueller/Hull. To Approve the Monday, September 24, 2012, agenda as presented. Ayes – 5 Nays – 0 Motion carried. 5. PUBLIC INPUT None. 6. SPECIAL ORDER OF BUSINESS None. 7. COUNCIL BUSINESS Review Request from Kathleen Smith regarding Status of a Planning Commission Member. City Administrator Ericson stated that Kathleen Smith submitted a formal request to the City on September 10, 2012 for the Council to consider removing Gary Rundle from the Planning Commission. The Council is being asked to discuss the matter in further detail this evening. Kathleen Smith, 7405 Spring Lake Road, requested the Council remove Gary Rundle from the Planning Commission immediately, and not wait for his term to end in December of 2013. She recommended he never be allowed to represent the City of Mounds View again, based on the harassment that she has received from Mr. Rundle from April through July of this year. Ms. Smith discussed in detail her recent concerns with Mr. Rundle, his cats and the littering on her property. She explained he had caught Mr. Rundle on camera repeatedly throwing cans on to her property in the early morning hours. She described in detail the harassment she received from Mr. Rundle explaining that all details have been brought to the Mounds View Police Department. She expressed further concern with the character of Mr. Rundle and recommended he be removed from the Planning Commission and not be allowed to represent the City. Gary Rundle, 7445 Spring Lake Road, admitted to throwing cans on Ms. Smith’s property twice. He explained that he has paid his fine and apologized for his actions. He indicated that Ms. Smith has told a number of lies this evening. He understood he made a mistake. He thought he had handled the matter and that the issue was completely over and done with. Mindy Wyzinger, 8961 Arona Avenue in Lexington, spoke on behalf of her father, Gary Rundle. She indicated his volunteer role on the Planning Commission has been a positive experience for both him and his family. She explained that the harassment issues have been misconstrued. It was her opinion that Ms. Smith has been the one harassing her family and their cats. She commented that Ms. Smith will not stop until her father’s reputation was completely ruined. Ms. Wyzinger explained that this entire matter has been blown out of proportion and her father’s position in the community is being threatened. She requested the Council allow her father to continue to serve on the Planning Commission. Cindy Rundle, 7445 Spring Lake Road, commented Ms. Smith did come over to her home in April to discuss their cats. She remembered the conversation clearly taking place in her home, on a Sunday evening, at which time Ms. Smith was introduced to each of the cats. She explained each of her three cats were declawed and stayed in the house at all times, unless accidently let out by the grandkids. Ms. Rundle respected Ms. Smith’s concerns and closely monitored her cats to be assured they were not getting out. She did not recall slamming the door on Ms. Smith’s face, as was previously stated this evening. Ms. Rundle indicated the recent newspaper article was quite a surprise. She was frustrated that their side of the story was not properly represented. She commented that her husband’s position on the Planning Commission was important to him and requested the Council allow him to continue to serve in that capacity. She hoped that Ms. Smith would let go of the past and move on. Thomas Brunes, 7430 Spring Lake Road, explained he was a direct neighbor of both the Rundle’s and Ms. Smith. He indicated he has lived in the neighborhood since 1971 and knows that the Rundle’s cats do not run around the neighborhood. Mr. Brunes stated Mr. Rundle had apologized to him for the recent events, stating it was a mistake. He recommended that every person be allowed a mistake. He suggested the Council allow Mr. Rundle to remain on the Planning Commission. Mr. Brunes understood that Ms. Smith to be a nice person as well, but that she was going to extremes with this matter. Barb Stasz, 8357 Eastwood Road, commented she was surprised by the recent newspaper article. She found it sad that a Planning Commissioner would act in this manner. She questioned his overall character or lack thereof. Ms. Stasz stated Ms. Smith was simply standing up for herself and the harassment that was she was being subjected to. Mayor Flaherty asked the Council for comments or questions. Council Member Mueller asked if the Rundle’s cats had collars. Ms. Rundle noted that one cat had a collar. Council Member Mueller encouraged the Rundles to place collars on each of their cats. She then inquired if the cat in Ms. Smith’s shed had a collar. Ms. Smith commented the cat in her shed did not have a collar. She clarified also that it was not just one or two cans that were thrown in her yard. The police department has nine in evidence at this time. Mayor Flaherty questioned what color the cat was that Ms. Smith found in her shed. Ms. Smith stated the cat was gray. Ms. Rundle indicated her nine year old cat was grey and white. Mayor Flaherty requested further information on how Ms. Smith captured the video images of Mr. Rundle. Ms. Smith explained the process she used with her video camera noting she videotaped his van leaving his driveway, littering and pulling away on two occasions. However, the event took place on more than two occasions, which led her to begin collecting the cans. Ms. Smith indicated at the time of these events, she was recovering from major back surgery and was receiving help from friends. Mayor Flaherty stated the cans were not being disputed by Mr. Rundle. He indicated Ms. Smith had suspected the cans were coming from Mr. Rundle. Ms. Smith stated this was the case. She commented the seriousness of this behavior was not just littering, it was harassment. Mayor Flaherty indicated the Council can only deal with the facts at this time, as it has become a “he said, she said” case. He requested the City Administrator review City Code on how a Commission member can be removed from their seat. City Administrator Ericson reviewed City Code Section 401.03, stating just cause was necessary along with a 4/5ths vote from the Council. Mayor Flaherty requested further information from staff on “just cause.” City Attorney Riggs explained “just cause” to be the cause which specifically relates to and effects the administration of the office the member holds and must be restricted to something of a substantial nature directly affecting the rights and interests of the public. The cause must be one touching the qualifications of the official, the official’s performance of the officials duties, showing the official is not a fit or proper person to hold office. He stated this was a high standard, and not just the whim of the Council. Mayor Flaherty questioned if the Council would like to move forward with a formal hearing for this matter. Council Member Mueller stated she has been known to make mistakes, even willful mistakes. She did not want to see a single lapse in judgment cost her, her Council seat or other volunteer positions. She noted she was not a perfect person and was deeply saddened by this situation. She stated this was Mounds View, her community, and she was greatly disappointed that the relationship between two neighbors has become such a public and disgruntled matter. She encouraged the neighbors to move forward from this point and begin rebuilding their relationship. She apologized to everyone in the community for this issue getting to this point. She stated at this time, she could not support removing Mr. Rundle from his position for littering, which was the only substantial part of the discussion. MOTION/SECOND: Mueller/Hull. To discontinue action regarding the Status of Planning Commission Member Gary Rundle. Council Member Hull encouraged both parties to move on from this situation and begin healing. Council Member Mueller understood that Ms. Smith was feeling harassed at this point. She encouraged her to take the necessary steps in the future if she was feeling unsafe. If a crime was being committed, she should contact the Mounds View Police Department. At this point, however, the Council was not going to be policing this situation between neighbors. Ms. Smith stated she would be moving on from this situation. Her concern was with the character and integrity of Mr. Rundle, considering the harassment she received over a three-month period. She expressed concern with allowing Mr. Rundle to continue in his position given the facts in this case. Mayor Flaherty understood the facts of the case in that Mr. Rundle was charged with littering and not with harassment. He commented it was a shame that this matter had to be brought to the Council. He encouraged neighbors in the future to work through these issues together so they do not become public issues. He hoped the Rundles and Ms. Smith would begin to mend the broken relationships. Ms. Smith thanked the Council for hearing her case and for their time this evening. She understood the final decision would rest with the Council. Council Member Stigney commented it was a shame this matter has progressed this far. He stated the legalities of just cause would not allow the Council to move forward with this matter. He understood the concerns of both parties and encouraged them to work together going forward. Council Member Gunn agreed, stating she hoped the neighbors would find a way to get along to bring peace back to the neighborhood. She indicated this event was affecting not only these two parties, but the City of Mounds View and the surrounding community. Ayes – 5 Nays – 0 Motion carried. Resolution 7993, a Resolution Authorizing an Administrative Penalty to CVS Pharmacy, located at 2800 County Road 10, for Violation of Chapter 512 of the Mounds View City Code. Assistant City Administrator Crane stated that, in conformance with City Code, it is prohibited to sell cigarettes to anyone under the age of 18. On August 27th the Mounds View Police Department conducted compliance checks and CVS failed. In accordance with City Code, the first violation allowed for an administrative fine of $150. The City also has the right to place a penalty on the CVS employee. Staff recommended the Council authorize the administrative penalty and not pursue the CVS employee. Police Chief Kinney described the compliance check process with the Council in detail stating the department had worked with minors from the North Suburban Tobacco Alliance Project on these compliance checks. Mayor Flaherty asked if the ID’s used by the minors clearly state they are underage. Police Chief Kinney stated this was the case, the minors use their own personal valid State ID. Steve Hodgson, CVS representative, explained the CVS employee responsible for the sale had been terminated. He indicated CVS had a zero tolerance policy for tobacco sales to minors and bi-annual training would continue for all other employees, to assure this does not happen again in the future. MOTION/SECOND: Mueller/Hull. To Waive the Reading and Adopt Resolution 7993, a Resolution Authorizing an Administrative Penalty to CVS Pharmacy, located at 2800 County Road 10, for Violation of Chapter 512 to the Mounds View City Code. Council Member Mueller was sorry the employee lost his job but appreciated the zero tolerance policy. She encouraged CVS to continue training its employees on how to properly conduct tobacco sales. Ayes – 5 Nays – 0 Motion carried. Resolution 7994, a Resolution Authorizing an Administrative Penalty to Mounds View BP, located at 2155 County Road 10, for Violation of Chapter 512 of the Mounds View City Code. Assistant City Administrator Crane stated that in conformance with City Code, it is prohibited to sell cigarettes to anyone under the age of 18. On August 27th the Mounds View Police Department conducted compliance checks and BP failed. In accordance with City Code, the first violation allowed for an administrative fine of $150. Staff recommended the Council authorize the administrative penalty. Council Member Mueller questioned how the City would be made aware if actions were taken by BP to assure this does not happen again in the future. Assistant City Administrator Crane explained BP was invited to this evening’s meeting to speak to the matter, but was not in attendance. She commented she could speak with representatives from BP and could report back to the Council. Council Member Mueller asked if multiple violations would lead to the loss of a tobacco license. Assistant City Administrator Crane stated this was determined by the Council. MOTION/SECOND: Gunn/Mueller. To Waive the Reading and Adopt Resolution 7994, a Resolution Authorizing an Administrative Penalty to Mounds View BP, located at 2155 County Road 10, for Violation of Chapter 512 of the Mounds View City Code. Ayes – 5 Nays – 0 Motion carried. Resolution 7995, a Resolution Authorizing an Administrative Penalty to Sam’s Market, located at 2408 County Road I, for Violation of Chapter 512 of the Mounds View City Code. Assistant City Administrator Crane stated that, in conformance with City Code, it is prohibited to sell cigarettes to anyone under the age of 18. On August 27th the Mounds View Police Department conducted compliance checks and Sam’s Market failed. In accordance with City Code, the first violation allowed for an administrative fine of $150. Sam’s Market was aware of the meeting this evening, but no business member was not present. Staff recommended the Council authorize the administrative penalty. Council Member Gunn questioned what action would be taken if the fine was not paid by the violating party. Finance Director Beer explained if the fine was not paid, it would be certified to the property taxes. MOTION/SECOND: Mueller/Gunn. To Waive the Reading and Adopt Resolution 7995, a Resolution Authorizing an Administrative Penalty to Sam’s Market, located at 2408 County Road I, for Violation of Chapter 512 of the Mounds View City Code. Ayes – 5 Nays – 0 Motion carried. Resolution 7996, a Resolution Authorizing an Administrative Penalty to Walgreens, located at 2387 County Road 10, for Violation of Chapter 512 of the Mounds View City Code. Assistant City Administrator Crane stated that in conformance with City Code, it is prohibited to sell cigarettes to anyone under the age of 18. On August 27th the Mounds View Police Department conducted compliance checks and Walgreens failed. In accordance with City Code, the first violation allowed for an administrative fine of $150. Staff recommended the Council authorize the administrative penalty. Melissa White, Walgreens representative, explained the employee at fault was given a final written warning. She indicated this same employee was retrained on the company’s tobacco sales policies. MOTION/SECOND: Mueller/Hull. To Waive the Reading and Adopt Resolution 7996, a Resolution Authorizing an Administrative Penalty to Walgreens, located at 2387 County Road 10, for Violation of Chapter 512 of the Mounds View City Code. Ayes – 5 Nays – 0 Motion carried. Resolution 7991, Ordering the Abatement of Hazardous Conditions Existing at 8379 Red Oak Drive. Housing/Code Enforcement Inspector Anderson stated the property at 8379 Red Oak Drive was in need of abatement due to the existing hazardous conditions on site. Staff has been responding to violations of City Code at this site for the past two years. He explained an order to vacate the premises was ordered as the site does not currently have basic utilities. The building was not currently fit for occupancy and has been a concern for several years. Staff recommends the Council order the abatement. MOTION/SECOND: Flaherty/Mueller. To table action on this request to a future date. Council Member Stigney questioned if this item should be tabled or postponed. He recommended a specific date be set within the motion. City Attorney Riggs stated a motion to postpone should be date specific. This would assure that the matter was brought back to the Council with further information at a future date. Mayor Flaherty indicated he would like to table action on this item this evening. Council Member Mueller stated staff would continue to use resources to manage the code violations on this property. She requested action be taken sooner than later. Council Member Hull added that the neighboring property owners would also like action taken against this property, as it has become a nuisance. Council Member Gunn questioned why action was being postponed at this time. Mayor Flaherty stated new information would be coming to the Council regarding this property. He requested the item be tabled for four to six months. SUBSTITUTE MOTION/SECOND: Flaherty/Mueller. To table action on this request for four to six months. Council Member Mueller encouraged the homeowner to come to the City to resolve the issues on this property. Mayor Flaherty commented additional information would be forthcoming to the Council. Council Member Mueller asked what action would be taken if the abatement were to be approved. Housing/Code Enforcement Inspector Anderson reviewed the abatement process timeline, noting the site would have to be brought into full compliance in 20 days or be vacated. If the site was not brought into full compliance, the site would be demolished and restored to a level grade. Council Member Stigney suggested the item not be pushed out four to six months, but rather to a date certain, unless already resolved. SECOND SUBSTITUTE MOTION/SECOND: Flaherty/Mueller. To postpone action on this request until a date of resolution, not to exceed six months, whichever occurs first. Council Member Mueller asked if the property owner was aware the City could assist with the demolition process. Housing/Code Enforcement Inspector Anderson stated this information has been conveyed to the property owner on two or three different occasions. Ayes – 5 Nays – 0 Motion carried. Beth Rogers, 8405 Red Oak Drive, stated in light of the new information, she approved of the tabling of this item. She presented the Council with photographs of the property at 8379 Red Oak Drive, stating the property was unsightly. Resolution 7992, to Approve Auto Theft Prevention Grant Agreement with Minnesota State Department of Commerce. Police Chief Kinney stated the Minnesota Auto Theft Prevention Program is administered by the Minnesota Department of Commerce. Funding was available to aid in auto theft prevention to promote awareness, offer education and prosecute offenders. The Mounds View Police Department wrote a grant for these funds, with the goal of receiving an automated license plate reader system. This reader system would be mounted to a squad car and takes images of license plates, checks it against databases and provides information to the officer. This automated process was quick and much safer than manually typing in each license plate. Police Chief Kinney explained the City requested one automated license plate reader system through the grant, valued at $20,500. The department was awarded the grant, in addition to receiving a second unit through the Sheriff’s office. He recommended the Council approve the grant agreement with the Department of Commerce. Council Member Mueller thanked Police Chief Kinney for applying for the grant. She questioned how the new technology would be used by the department. Police Chief Kinney commented the three camera system would be mounted on different areas of the squad car and would be able to capture license plates coming in all directions. He anticipated the entire City would be covered by the system. Council Member Mueller asked if additional units would be purchased in the future. Police Chief Kinney stated this may happen, but was pleased that the department would have access to two systems at this time. Council Member Hull inquired what happens to the data gathered by this system. Police Chief Kinney explained the department would have a policy in place prior to implementation of the camera systems. The data could be kept for 24 hours or less, or up to one year. He described how the data could be used to assist with cases going into the future. Mayor Flaherty agreed that having a policy in place would be necessary. He questioned if the department would be creating liability issues if using this data for purposes other than originally collected. City Attorney Riggs commented the City does have data collection policies that need to be complied with, and he was aware that the League of Minnesota Cities and Post Board were also drafting new policies. Finance Director Beer inquired if there was a future maintenance cost on the camera units. Police Chief Kinney indicated there was no ongoing maintenance expense for the units. MOTION/SECOND: Mueller/Gunn. To Waive the Reading and Adopt Resolution 7992, to Approve the Auto Theft Prevention Grant Agreement with Minnesota State Department of Commerce. Mayor Flaherty recommended the police department have a policy in place prior to putting the camera systems to work. Ayes – 5 Nays – 0 Motion carried. 8. CONSENT AGENDA Resolution 7997, Revising Section 3.40 of the Mounds View Personnel Manual Pertaining to the Vacation Accrual Schedule. Resolution 7998, Authorizing LaVan Floor Covering Company to Install Rubber Flooring in Hillview Park Shelter. Set a Public Hearing for Monday, October 8, 2012 to Adopt a Special Assessment Levy for Delinquent Public Utility Accounts. Set a Public Hearing for Monday, October 8, 2012 to Adopt a Special Assessment Levy for Unpaid Diseased Tree, False Alarm, and Nuisance Abatement Charges. MOTION/SECOND: Gunn/Hull. To Approve the Consent Agenda as presented. Ayes – 5 Nays – 0 Motion carried. 9. JUST AND CORRECT CLAIMS Finance Director Beer answered the Council's questions related to claims. MOTION/SECOND: Gunn/Hull. To Approve the Just and Correct Claims as presented. Ayes – 5 Nays – 0 Motion carried. 10. APPROVAL OF MINUTES August 13, 2012, City Council Meeting Minutes. MOTION/SECOND: Mueller/Hull. To Approve the August 13, 2012, City Council meeting minutes as submitted. Ayes – 5 Nays – 0 Motion carried. August 27, 2012, City Council Meeting Minutes. MOTION/SECOND: Stigney/Gunn. To Approve the August 27, 2012, City Council meeting minutes as submitted. Ayes – 5 Nays – 0 Motion carried. 11. REPORTS Reports of Mayor and Council. Council Member Gunn noted on Saturday, September 29th at 5:30 p.m., the Music of the Night event would take place at Irondale High School. She encouraged all to attend this excellent musical event. Council Member Mueller stated the Festival in the Park Committee completed an evaluation of this year’s event last week and through discussion, more volunteers were needed to assist with the event. She encouraged those interested to join the committee and assist in planning next year’s Festival in the Park. She commented the more volunteers willing to assist, the lighter the work would be for all. Council Member Mueller indicated an agreement was reached and Western Bank would be wholly owned by American National Corporation, which was headquartered in Omaha, Nebraska. Service at this location would continue as is under the Western Bank name. In addition, Home Shield was recently bought out by Quannix and would maintain its presence in the community. Mayor Flaherty reported there was a new family in the City of Mounds View, the Cummings Family that recently had their home destroyed by an electrical fire. Chris Cummings is an Iraqi war veteran and his wife is a student at the University of Minnesota. The community was coming together to host a benefit on Saturday, October 27th at the American Legion Post #566 in Lino Lakes from 2:00 to 8:00 p.m. He encouraged all to get out and support this young family. B. Reports of Staff. City Administrator Ericson provided an update to the Council regarding the upcoming worksession meeting. He noted the Council would discuss the City Forester position, along with language changes necessary for the GMHC managed Home Improvement Load program. Mayor Flaherty requested the Council also discuss the Minnesota ASAP program at the upcoming worksession meeting. The Council agreed with this request. City Administrator Ericson noted the Airports Commission met on September 12th. Noise issues and capital improvements plans were discussed. There were no plans to expand the runways at this time. City Administrator Ericson stated the Economic Development Commission (EDC) met in July and August. The group adopted several motions that would be presented to the EDA in the future regarding Mustang Drive and the overall vision for the Highway 10 corridor. He stated a joint meeting may be scheduled in the coming months. City Administrator Ericson indicated the Council has been discussing County Road 10 improvements. He noted the litter collection was complete and banners were hung. He inquired how the Council would like to proceed with the painting of the signals, as they require a lead based paint assessment. The assessment and abatement was quite costly and the Council requested the County be contacted to cover the assessment expense. City Administrator Ericson explained Ramsey County was not willing to assist with the $500 lead based paint assessment expense at this time. City Administrator Ericson explained the Council could spend $500 to see if the signals have lead based paint and then make a decision after that time. Mayor Flaherty expressed frustration with the obstacles and challenges the City was facing when the Council was simply trying to beautify the corridor. Council Member Stigney asked if staff could contact the manufacturer to see if lead based paint was used on these signals. City Administrator Ericson explained he has made attempts to find out the manufacturer of these signals and has not been successful to date. Mayor Flaherty questioned how the Council would proceed if the signals were not covered in lead based paint. City Administrator Ericson stated the previous estimate could be awarded and the signals repainted. Council Member Mueller inquired if the $500 was spent and the signals were determined to have lead based paint, would the City be liable to take action. City Administrator Ericson explained the City would not have to take immediate action, but would have to remediate the lead based paint when the signals were repainted in the future. Council Member Mueller supported having the appropriate lead based paint testing completed. Council Member Stigney was in favor of testing one signal. Mayor Flaherty commented five signals along the corridor would need repainting. Council Member Gunn suggested that all poles be tested to ensure that all lead based paint concerns were addressed. Council Member Hull supported the assessment expenses. Mayor Flaherty requested staff report back to the Council on the entire expense for assessing all five signals for the City along the County Highway 10 corridor. City Administrator Ericson stated Blaine and Spring Lake Park were not in favor of swapping out signs along the Highway 10 corridor at this time. He did not recommend the Council assume 100% of this expense and that this be reconsidered at a future date. City Administrator Ericson explained a Five Cities meeting was held last week to discuss the 2013 preliminary levies, along with North Metro Coalition/35W membership expenses. City Administrator Ericson stated the Ramsey County League of Local Government was scheduled to meet on Thursday, September 27, 2012 at the Irondale High School. However, there was a strong possibility the meeting would be rescheduled. Information would be passed along to the Council when available. Council Member Mueller stated on Tuesday, October 2, 2012, there would be a candidate’s debate at 7:00 p.m. at City Hall. She encouraged the residents of Mounds View to get out and meet the candidates. C. Reports of City Attorney. City Attorney Riggs had nothing additional to report. 12. Next Council Work Session: Monday, October 1, 2012, at 7:00 p.m. Next Council Meeting: Monday, October 8, 2012, at 7:00 p.m. 13. ADJOURNMENT The meeting was adjourned at 9:08 p.m. Transcribed by: Heidi Guenther TimeSaver Off Site Secretarial, Inc.