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HomeMy WebLinkAboutMinutes - 2009/06/08• PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA ~` ~ ~t p Q~ Regular Meeting June 8, 2009 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 7:01 P.M. 1. MEETING IS CALLED TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Flaherty, Stigney, Hull, Mueller, Gunn. NOT PRESENT: None. 4. APPROVAL OF AGENDA • MOTION/SECOND: Mueller/Hull. To Approve the Monday, June 8, 2009, agenda as presented. Ayes - 5 Nays - 0 Motion carried. 5. PUBLIC INPUT None. 6. SPECIAL ORDER OF BUSINESS A. Presentation by Senator Betzold and Representative Tillberry to Discuss the 2009 State Legislative Session. State Representative Tillberry and State Senator Betzold presented outcomes of the 2009 Legislative Session and commented on the difficulty of dealing with the State's $4.6 billion deficit crisis, creation of a two-year budget, and bills that were considered and adopted. Council Member Mueller asked about the legislation introduced for the State to compensate teachers to make up for lost 401k funds. Senator Betzold explained the Pensions Commission dealt with major issues, and the Teachers Retirement Association is in significant fiscal trouble. A public pension fund has not failed in Minnesota since the 1930s. Senator Betzold reviewed the options considered and that starting in 2014, the State would increase its contribution if the fund continued to spiral downward. However, the Governor indicated he would not sign it so nothing • happened. Mounds View City Council June 8, 2009 Regular Meeting Page 2 i At the request of Finance Director Beer, Senator Betzold described the difference between a defined contribution plan and defined benefit plan. Council Member Gunn asked how bonding or borrowing to balance the budget would be repaid. Senator Betzold advised that action would require a super majority vote of the Legislature. However, the Governor has the statutory authority to shift payments. Senator Betzold stated his support to hold a special session to complete work on the budget. Council Member Mueller asked what will be the next steps for the upcoming session. Representative Tillberry stated his hope that the Governor will call for a special session. Senator Betzold commented on actions that he thinks the Governor will take to balance the budget. Finance Director Beer asked about mandate reforms that would impact cities. Representative Tillberry advised of his work with mandate reductions. Senator Betzold pointed out that if mandates were to be reduced, this was the year because of the budget deficit. Mayor Flaherty asked Representative Tillberry and Senator Betzold to comment on the success of the legislative session. Representative Tillberry stated it would relate to mandate reduction with K-12 funding to assure equity Statewide. Senator Betzold commented on constituent issues he worked with, the Pensions Bill, and the State Government Budget Bill. . 7. COUNCIL BUSINESS A. 7:05 p.m. Public Hearing: Resolution 7454, a Resolution to Consider an Off Sale Intoxicating Liquor License Renewal for ABC Liquor located at 2840 County Highway 10. Assistant Clerk-Administrator Crane stated ABC Liquor has made application for renewal of its Off Sale Intoxicating Liquor License and its property taxes are current. ABC Liquor has submitted application materials, paid the applicable fee, and received satisfactory reports from the Police Department, Finance Department, and Fire Marshall. Staff recommends approval contingent upon receipt of a satisfactory background check. Mayor Flaherty opened the public hearing at 8:00 p.m. Hearing no public input, Mayor Flaherty closed the public hearing at 8:00 p.m. MOTION/SECOND: Gunn/Mueller. To Waive the Reading and Adopt Resolution 7454, a Resolution Approving an Off Sale Intoxicating Liquor License for ABC Liquor, contingent upon receipt of a satisfactory background check from the Minnesota Department of Criminal Apprehension. Ayes - 5 Nays - 0 Motion carried. • B. 7:10 p.m. Public Hearing: Resolution 7455, a Resolution to Consider an Off Sale Intoxicating Liquor License Renewal for Vino & Stogies located at 2345 County Road H2. Mounds View City Council June 8, 2009 Regular Meeting Page 3 Assistant Clerk-Administrator Crane stated Vino & Stogies has made application for renewal of its Off Sale Intoxicating Liquor License and its property taxes are current. Vino & Stogies has submitted application materials, paid the applicable fee, and received satisfactory reports from the Finance Department and Fire Marshall. However, Vino & Stogies failed its compliance check and the employee pled guilty to a gross misdemeanor for selling intoxicating liquor to a minor. If the Council considers approval, staff recommends it be contingent upon receipt of a satisfactory background check. Mayor Flaherty opened the public hearing at 8:02 p.m. Hearing no public input, Mayor Flaherty closed the public hearing at 8:02 p.m. Council Member Stigney asked if the employee had been replaced. It was indicated the employee is still employed by Vino & Stogies. MOTION/SECOND: Mueller/Stigney. To Waive the Reading and Adopt Resolution 7455, a Resolution Approving an Off Sale Intoxicating Liquor License Renewal for Vino & Stogies, contingent upon receipt of a satisfactory background check from the Minnesota Department of Criminal Apprehension. Mayor Flaherty asked if the legal issues are resolved. Bob Waste, Jr., representing Vino & Stogies, answered in the affirmative and advised that his brother failed the compliance check. He stated they have posted notes to remind employees to check identifications. Ayes - 5 Nays - 0 Motion carried. C. 7:15 p.m. Public Hearing: Resolution 7456, a Resolution to Consider an Off Sale Intoxicating Liquor License Renewal for Big Top Liquor located at 2577 County Highway 10. Assistant Clerk-Administrator Crane stated Big Top Liquor has made application for renewal of its Off Sale Intoxicating Liquor License and its property taxes are current. Big Top Liquor has submitted application materials, paid the applicable fee, and received satisfactory reports from the Police Department, Finance Department, and Fire Marshall. Staff recommends approval contingent upon receipt of a satisfactory background check. Mayor Flaherty opened the public hearing at 8:08 p.m. Hearing no public input, Mayor Flaherty closed the public hearing at 8:08 p.m. MOTION/SECOND: Mueller/Hull. To Waive the Reading and Adopt Resolution 7456, a Resolution Approving an Off Saie Intoxicating Liquor License Renewal for Big Top Liquor, contingent upon receipt of a satisfactory background check from the Minnesota Department of • Criminal Apprehension. Ayes - 5 Nays - 0 Motion carried. Mounds View City Council June 8, 2009 Regular Meeting Page 4 D. 7:20 p.m. Public Hearing: Resolution 7457, a Resolution to Consider an On Sale Wine and 3.2 Malt Liquor License Renewal for Taiko Sushi Bar located at 2394 County Highway 10. Assistant Clerk-Administrator Crane stated Taiko Sushi Bar has not yet made application for renewal of its Off Sale Wine and 3.2 Malt Liquor License. Staff has contacted the owner several times and learned the owner is having issues obtaining the necessary insurance paperwork. Staff recommends the public hearing be opened and continued to the June 22, 2009, Council meeting. Mayor Flaherty opened the public hearing at 8:09 p.m. No one wished to address this item. MOTION/SECOND: Stigney/Mueller. To Continue the Public Hearing and Postpone Consideration of Resolution 7457, a Resolution Approving an On Sale Wine and 3.2 Malt Liquor License Renewal for Taiko Sushi Bar, to the June 22, 2009 Council meeting. Mayor Flaherty noted if Taiko Sushi Bar does not submit the required paperwork, its Off Sale Wine and 3.2 Malt Liquor License will expire on July 1, 2009. Ayes - 5 Nays - 0 Motion carried. • E. 7:25 p.m. Public Hearing: Resolution 7458, a Resolution to Consider an On Sale Intoxicating Liquor License for Totino's Italian Kitchen located at 2535 County Highway 10. Assistant Clerk-Administrator Crane stated Totino's Italian Kitchen Liquor has made application for renewal of its On Sale Intoxicating Liquor License and its property taxes are current. Totino's Italian Kitchen has submitted application materials, paid the applicable fee, and received satisfactory reports from the Police Department, Finance Department, and Fire Marshall. Staff recommends approval contingent upon receipt of a satisfactory background check. Mayor Flaherty opened the public hearing at 8:13 p.m. Hearing no public input, Mayor Flaherty closed the public hearing at 8:13 p.m. MOTION/SECOND: HulUGunn. To Waive the Reading and Adopt Resolution 7458, a Resolution Approving an On Sale Intoxicating Liquor License for Totino's Italian Kitchen, contingent upon receipt of a satisfactory background check from the Minnesota Department of Criminal Apprehension. Ayes - 5 Nays - 0 Motion carried. F. 7:30 p.m. Public Hearing: Resolution 7459, a Resolution to Consider an On Sale Intoxicating Liquor License for Moe's located at 2400 County Highway 10. Mounds View City Council June 8, 2009 Regular Meeting Page 5 Assistant Clerk-Administrator Crane stated Moe's has made application for renewal of its On Sale Intoxicating Liquor License. Moe's has submitted application materials, paid the applicable fee, and received satisfactory reports from the Police Department, Finance Department, and Fire Marshal. However, Ramsey County Property Records show that Moe's is delinquent in its property taxes for 2008 and half of 2009. This is a City Code requirement. In response to Staff's request, Moe's submitted a payment plan to pay $1,500 per week for property tax and have it paid by October 1, 2009. As of June 1, 2009, Moe's owes $53,714.14 in property taxes. Assistant Clerk-Administrator Crane reviewed the Council's option to deny the application or to approve subject to receipt of a satisfactory background check and full payment of property taxes. Mayor Flaherty opened the public hearing at 8:17 p.m. Hearing no public input, Mayor Flaherty closed the public hearing at 8:17 p.m. Council Member Hull asked what would happen if a payment is missed. Assistant Clerk- Administrator Crane stated the Council could start the license suspension or revocation process. Council Member Mueller commented that a payment plan is good as long as the payments are made on time. She stated while she appreciates the spirit in which the payment plan is offered, the plan should indicate a monthly payment deadline and process so staff can assure timely payments. Mayor Flaherty stated Moe's is asking fora 90-day extension to pay its taxes in full and he is not as concerned with the payment plan as the final result. He asked how the City can place the onus on the applicant to inform the City should a payment be missed. Assistant Clerk-Administrator Crane stated she would have to call the County to ensure payments are made and if not, she would so inform the Council so it can determine whether to start the suspension or revocation process. Mayor Flaherty stated the Council does understand the difficult economic times and has compassion for its businesses but he does not want to be in the position of being asked for another extension. Council Member Stigney stated he is concerned with the payment plan and would like more assurance that money will be saved in a timely manner and available to make full payment. MOTION/SECOND: Gunn/Hull. To Waive the Reading and Adopt Resolution 7459, a Resolution Approving an On Sale Intoxicating Liquor License for Moe's, revised to indicate it is being adopted on the 8`" day of June, 2009; and the last line to indicate: "may be grounds for suspension or revocation of the liquor license." and contingent upon receipt of a satisfactory background check from the Minnesota Department of Criminal Apprehension and full payment of its property taxes . Council Member Stigney stated his hope that payments are tracked so in 90 days it does not happen that the first half of taxes remain unpaid and the second half are now due. He stated if taxes are not being paid, there is a question whether the business is viable. Mounds View City Council June 8, 2009 Regular Meeting Page 6 Council Member Mueller suggested a "spot check" by staff to ensure progress is being made and stated she is concerned about setting a precedence for other businesses to request extensions. Assistant Clerk-Administrator Crane stated this is not the only establishment owing property taxes and staff can provide a monthly update regarding payment. Ayes - 5 Nays - 0 Motion carried. G. 7:35 p.m. Public Hearing: Resolution 7460, a Resolution to Consider an On Sale Intoxicating Liquor License for Robert's Sports Bar and Entertainment located at 2400 County Road H2. Assistant Clerk-Administrator Crane stated Robert's Sports Bar and Entertainment has made application for renewal of its On Sale Intoxicating Liquor License and its property taxes are current. Robert's Sports Bar and Entertainment has submitted application materials, paid the applicable fee, and received satisfactory reports from the Police Department and Finance Department. However as of Friday, the Fire Marshal issued a nonsatisfactory report. Assistant Clerk-Administrator Crane read the Fire Marshal's inspection report detailing changes needed and recommendation this license not be approved. She reviewed the Council's options to deny or approve contingent upon a satisfactory background check and fire inspection. Because some of the same noncompliance issues were found last year, staff recommends a deadline be determined to gain compliance should the Council wish to consider approval. • Mayor Flaherty opened the public hearing at 8:38 p.m. Hearing no public input, Mayor Flaherty closed the public hearing at 8:38 p.m. Council Member Mueller indicated support to allow another 30 days for Robert's to reach compliance. Council Member Gunn stated she would only consider aone-week extension since Robert's indicated a year ago that the compliance issues would be fixed. MOTION/SECOND: Gunn/Stigney. To Postpone Consideration of Resolution 7460, a Resolution Approving an On Sale Intoxicating Liquor License for Robert's Sports Bar and Entertainment, to June 22, 2009, to allow the business owner to reach compliance and a Fire Code re-inspection. Ayes - 5 Nays - 0 Motion carried. H. 7:40 p.m. Public Hearing: Resolution 7461, a Resolution to Consider an On Sale Intoxicating Liquor License for The Mermaid located at 2200 County Highway 10. Assistant Clerk-Administrator Crane stated The Mermaid has made application for renewal of its On Sale Intoxicating Liquor License but not submitted its liquor liability insurance. The Mermaid has submitted application materials, paid the applicable fee, and received a satisfactory report from the Police Department. The Finance Department has indicated The Mermaid owes money on its utility bill in the amount of $2,028.55. In addition, Ramsey County Property Mounds View City Council June 8, 2009 Regular Meeting Page 7 Records show that The Mermaid is delinquent on its property taxes for 2008 and half of 2009 equaling $339,278.70. Payment of the utility bills and property taxes is a City Code requirement. The Fire Marshal has not inspected The Mermaid. Clerk-Administrator Ericson advised that the closing date for the sale of The Mermaid is this Friday and the Mermaid attorney received copies of the past due utility bills and subdivision application fees. Clerk-Administrator Ericson explained that the proceeds of the hotel sale would be used to pay off the utility bills, legal fees related to the planning case, and property taxes. He noted The Mermaid owners understand payment is required to obtain the liquor license. Mayor Flaherty opened the public hearing at 8:49 p.m. Hearing no public input, Mayor Flaherty closed the public hearing at 8:49 p.m. MOTION/SECOND: Flaherty/Mueller. To Postpone Consideration of Resolution 7461, a Resolution Approving an On Sale Intoxicating Liquor License for The Mermaid, to June 22, 2009. Ayes - 5 Nays - 0 Motion carried. I, 7:45 p.m. Public Hearing: Resolution 7462, A Resolution to Consider an Off Sale 3.2 Malt Liquor License for SuperAmerica located at 2840 County Road I. • Assistant Clerk-Administrator Crane stated SuperAmerica has made application for renewal of its On Sale Intoxicating Liquor License and its property taxes are current. SuperAmerica has submitted application materials, paid the applicable fee, and received satisfactory reports from the Police Department, Finance Department, and Fire Marshal. Staff recommends approval contingent upon receipt of a satisfactory background check. Mayor Flaherty opened the public hearing at 8:51 p.m. Hearing no public input, Mayor Flaherty closed the public hearing at 8:51 p.m. MOTION/SECOND: Gum~/Mueller. To Waive the Reading and Adopt Resolution 7462, A Resolution Approving an Off Sale 3.2 Malt Liquor License for SuperAmerica, contingent upon receipt of a satisfactory background check from the Minnesota Department of Criminal Apprehension. Ayes - 5 Nays - 0 Motion carried. J. Resolution 7463, Approving Step Increase for Ken Roberts, Community Development Director. Assistant Clerk-Administrator Crane advised that Community Development Director Roberts has satisfactorily performed in the capacity of his position and recommended a step increase wage • adjustment to Step 4 at $41.36 per hour effective June 16, 2009, consistent with the Personnel Manual. Assistant Clerk-Administrator Crane read the resolution in full. Mounds View City Council June 8, 2009 Regular Meeting Page 8 • MOTION/SECOND: Gunn/Mueller. To Adopt Resolution 7463, Approving Step/Longevity Adjustments. Mayor Flaherty commended Community Development Director Roberts for his contribution to Mounds View. Ayes - 5 Nays - 0 Motion carried. Community Development Director Roberts extended his appreciation to his staff and the City Council. K. Resolution 7465, Authorizing Severance for Officer Steve Geringer. Assistant Clerk-Administrator Crane presented staff's recommendation to authorize severance payment to retired Officer Steve Geringer's Retirement Health Savings Plan in accordance with the LELS Union Contract equaling $2,351.60 for sick time and $5,786.65 for authorized vacation time. Assistant Clerk-Administrator Crane read the resolution in full. MOTION/SECOND: Mueller/Hull. To Waive the Reading and Adopt Resolution 7465, approving Severance for Police Officer Steve Geringer. Council Member Mueller thanked Officer Geringer for his years of service and wished him the best in his retirement. Mayor Flaherty added his appreciation to Officer Geringer. Ayes - 5 Nays - 0 Motion carried. 8. CONSENT AGENDA A. Licenses for Approval. B. Schedule a Public Hearing for June 22, 2009, 7:05 p.m. to Consider Assessments for Unpaid Administrative Offense Fines. MOTION/SECOND: Gunn/Hull. To Approve the Consent Agenda as Presented. Ayes - 5 Nays - 0 Motion carried. 9. JUST AND CORRECT CLAIMS Mayor Flaherty referenced Page 18, Daycare Heating Repairs. Public Works Director DeBar reviewed details for the three repairs. Council Member Stigney referenced Page 16, Risdall Marketing, and asked if this is in addition to the $23,500 contract. Finance Director Beer stated it is payment of an installment. Mounds View City Council June 8, 2009 Regular Meeting Page 9 Council Member Mueller referenced Page 17, purchase of equipment for new officer. Finance Director Beer advised it is a budgeted item. MOTION/SECOND: Mueller/Stigney. To Approve the Just and Correct Claims as Presented. Ayes - 5 Nays - 0 Motion carried. 10. APPROVAL OF MINUTES None. 11. REPORTS A. Reports of Mayor and Council. Mayor Flaherty reminded all of Music in the Park on June 9, 2009, and thanked the sponsors. He also commented on the County Road H resurface project that is being done by Ramsey County. Council Member Gunn reported on the Pinewood picnic and activities that took place and that they received the School of Excellence Award. She noted the Irondale High School graduation is on June 9, 2009 and urged all to be careful when driving in that area. Council Member Gunn welcomed Officer Kirsten Lafean to Mounds View. Council Member Mueller welcomed Officer Lafean to the community noting there were over 120 candidates for that position. She commented on the Fire Department Open House for Station 3 that was held on June 7, 2009, and advised that Festival in the Park volunteers are still needed. Council Member Mueller stated she is looking forward to attending the June 24-26, 2009, League of Minnesota Cities conference and mentioned some of the topics that will be addressed. Council Member Mueller announced the Mounds View Community Theater production of Grease on July 9-25, 2009. Mayor Flaherty stated the City approved a resolution in December of 2008 to oppose the lengthening of the east/west runway at the Anoka County Blaine Airport. He advised that Key Air has now withdrawn its request for that extension. Mayor Flaherty commended the concerned Citizens of the North Metro for its work on this matter. Assistant Clerk-Administrator Crane reminded the Council of Employee Appreciation luncheon on June 17, 2009. Public Works Director DeBar stated the City is in Tier I of the watering ban and reviewed the weekly pumping rates. It was noted that if there is a lack of rain, the City may consider going to Tier II at a later date. Should that occur, it will be posted on the City's signs and website. Finance Director Beer stated the City will need to implement a conservation water rate by January 1, 2010, which will be discussed later this summer. Mounds View City Council June 8, 2009 Regular Meeting Page 10 Public Works Director DeBar reported on the good attendance at the public information meeting for Areas B and C. B. Reports of Staff. 1. Capital Improvement Plan (CIP). Finance Director Beer presented the Capital Improvement Plan (CIP) and commented on the projects included. The CIP public hearing will occur on July 13, 2009, along with the introduction and first reading. The five-year financial plan will be discussed at the July Work Session and the second reading and adoption will occur on August 10, 2009. Council Member Mueller asked whether the water tower rehabilitation scheduled for 2010 can be postponed and if there are grant opportunities. Finance Director Beer stated there are no grant opportunities and the 2009 budget includes an evaluation this year. Public Works Director DeBar stated it may be able to wait another year and he will be presenting bids for the evaluation. 2. Trail Grant Application. Finance Director Beer noted the trail grant submittal deadline is June 15, 2009, and recommended the City authorize preparation of grant application for Trail Segment 6. Staff will recommend the funding source for the application when formally considered by the Council. Public Works Director DeBar noted the City received grant funding for Segments 1-5 and the opportunity is good for Segment 6 because of the senior housing in Spring Lake Park. He stated Bonestroo will also make application for the trail on County Road 10 and Silver Lake Road, which should receive a better benefit/cost ratio since improvements will be made this year to the north side of Silver Lake Road. Mayor Flaherty asked staff to keep in mind that should a contractor damage any portion of the City's trail, the contractor is expected to make the repair. Council consensus was reached to authorize Bonestroo to prepare a grant application. 3. Fiber Optic Extension. Finance Director Beer explained the company that wanted to extend fiber optic to the water tower now wants to extend the fiber to Edgewood and wait until the City reaches agreement on the ground space lease. He asked for Council direction on extending fiber optic from County Road H to the City Hall. Mayor Flaherty stated the Council approved moving forward last year. Finance Director Beer stated he will continue negotiations with the company to obtain a better deal. • Mounds View City Council June 8, 2009 Regular Meeting Page 11 • C. Reports of City Attorney. Noted. 12. Next Council Work Session: Next Council Meeting: Monday, July 6, 2009, at 7:00 p.m. Monday, June 22, 2009, at 7:00 p.m. 13. ADJOURNMENT The meeting was adjourned at 9:39 p.m. Transcribed by: Carla Wirth Timesaver Off Site Secretarial, Inc. •