Loading...
HomeMy WebLinkAboutMinutes - 2009/10/26PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting October 26, 2009 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, October 26, 2009, City Council Agenda. MOTION/SECOND: Mueller/Gunn. To approve the Monday, October 26, 2009, agenda as amended to remove Item 7K since it is being appealed by the property owner, and to consider Item 7J after Item 7C in consideration of residents in attendance. Ayes – 5 Nays – 0 Motion carried. 5. PUBLIC INPUT Tom Winiecki, 2748 Sherwood Road, advised of vandalism that occurred to his mailbox and stated his concern that the Red Oak Road bump out were intended to be used as a bikepath since there are no sidewalks. He asked why there are seven infiltration systems on the south side of Sherwood Road but only one on the north side. Public Works Director DeBar explained that is because the boulevard on the north side is not as wide as on the south side. In addition, Fairchild is a water tributary that T’s into Sherwood Road so the only drainage is on the north side of that street. He clarified that Red Oak Road will be striped for a fog line, not a bike lane. Mr. Winiecki advised of a turning conflict on Red Oak Road and Silver Lake Road and suggested that signage with red flags be installed saying “turn lane change ahead.” Public Works Director DeBar stated this is a common phenomenon on older roadways and advised that staff just submitted a federal grant application for Silver Lake Road. He stated that signs will be installed next to the daycare to show the lane configuration. Mounds View City Council October 26, 2009 Regular Meeting Page 2 6. SPECIAL ORDER OF BUSINESS None. 7. COUNCIL BUSINESS A. 7:05 p.m. Public Hearing for the Introduction and First Reading of Ordinance 837, a Code Amendment about Voting Requirements for Zoning Code Amendments. Community Development Director Roberts presented the City’s Attorney’s recommendation to approve first reading of a Code amendment so the voting requirement for zoning amendment language is consistent with State statutes. He advised that State statutes require a simple majority vote (3/5) of the Council to approve most zoning changes and a super majority vote (4/5) to approve a zoning amendment that changes all or part of an existing residential zoning district to either commercial or industrial. Mayor Flaherty opened the public hearing at 7:13 p.m. Hearing no public input, Mayor Flaherty closed the public hearing at 7:13 p.m. Mayor Flaherty stated this was brought to the Council’s attention in 2004 and asked why it took so long for consideration. Community Development Director Roberts stated the delay resulted because of staff changeover and work priorities. City Attorney Riggs clarified that Mounds View has been following the correct voting procedures. MOTION/SECOND: Mueller/Stigney. To Introduce and Waive the First Reading of Ordinance 837, Amending Chapter 112501 of the Mounds View Zoning Code about the Voting Requirements for Zoning Changes. Ayes – 5 Nays – 0 Motion carried. B. 7:10 p.m. Public Hearing for the Introduction and First Reading of Ordinance 838, a Code Amendment to Chapter 1125.06 about Penalties. Community Development Director Roberts presented the City Prosecuting Attorney’s recommendation to approve first reading of an amendment for the penalties of certain Code violations. He read the proposed language and explained this change is necessary because the current City Code language about penalties is not as clear or strong as it should be. Mayor Flaherty opened the public hearing at 7:17 p.m. Hearing no public input, Mayor Flaherty closed the public hearing at 7:17 p.m. Mayor Flaherty questioned the use of the word “punished” in the proposed amendment. City Attorney Riggs explained the penalty for misdemeanor crime can include jail time, is not inconsistent with the way Code is written, and makes it easier to prosecute. Mounds View City Council October 26, 2009 Regular Meeting Page 3 MOTION/SECOND: Mueller/Hull. To Introduce and Waive the First Reading of Ordinance 838, Amending Chapter 1125.06 of the Mounds View Zoning Code about Penalties. Ayes – 5 Nays – 0 Motion carried. C. Resolution 7513, Approving a Revised Property Tax Payment Plan for Moe’s, located at 2400 Highway 10. Assistant Clerk-Administrator Crane reviewed past considerations with Moe’s liquor license and tax payment plan and advised that Ramsey County property records continue to indicate that Moe’s property taxes are delinquent in the amount of $70,915.74 (including second half of 2009 due October 15, 2009). She noted Mr. Moritko has submitted a revised payment plan. Jeff Moritko, owner of Moe’s, apologized for not being able to attend the last Council meeting. He advised of the improvements made to Moe’s since he purchased it in September of 2006 for $650,000, estimating an investment of $1.2 million during the worst economic times. He stated they have 60 full- and part-time employees so the increase in minimum wage costs them $5,000 per month. Mr. Moritko stated they anticipated they could get ahead, but instead went back 20- 25% so they didn’t have the funds to set aside for taxes. They also fell behind on State sales tax but should be able to bring that current within several weeks. Mr. Moritko assured the Council he had put everything he owns into this property and thinks they can make it since October is trending upward, and they have gained food booth business with the University of Minnesota and Williams arena. It is estimated the food booths should result in an infusion of $3-8,000 per month and they are working hard to grow their catering business. Mr. Moritko stated he does not have the ability to borrow money from the bank but has built a perceived equity in the business. He stated he had owned a location in Minneapolis location for 11 years and never had this problem. Mr. Moritko stated he was not proud to be in front of the Council tonight and asked that they grant this request so they can continue their business in Mounds View. Mayor Flaherty noted the revised payment plan, effective December 1, 2009, is to pay Ramsey County $7,500 per month for delinquent taxes. Mr. Moritko stated that is correct, they currently have $13,000 earmarked for taxes, and they hope to be paid up by April of 2010. Mayor Flaherty opened the floor for public comment. Kevin Halverson, Roberts Sports Bar, stated his business also needs a new hood system, deck, and lights, but instead he pays $7,000 per month in property, sales and use tax. He stated bills need to be paid to keep a business open and Moe’s should have paid their bills and property taxes. Mr. Halverson stated he works all day, every day, to pays his bills and questioned where Moe’s money is going because they have a full parking lot every day. He suggested that Moe’s reduce its number of employees and Mr. Moritko work more days himself. Council Member Mueller stated when the Council considered the liquor license renewal for Moe’s in the spring, property taxes were due at that time. Mr. Moritko stated he does not remember the amount due at that time. Council Member Mueller stated at that time she had Mounds View City Council October 26, 2009 Regular Meeting Page 4 asked for a firm date and number commitment to assure payments were kept on track. Mr. Moritko stated they were current on the parking lot portion in October. Council Member Mueller asked about the payment of Minnesota sales tax. Mr. Moritko stated he needs product to sell so he sees payment of sales tax as a priority. Council Member Mueller stated the investment of $1.2 million shows Mr. Moritko is earnest in his desire to remain in business in Mounds View. Mr. Moritko stated he took a second mortgage on his house to finance some of the work and a bank note for the parking lot and other improvements. He stated since they purchased the parking lot and added the deck, revenues increased for the first two years but with nice summer weather, deck business goes down. He stated they closed their Coon Rapids location in 2008 and were in good standing with Anoka County at that time. Mr. Moritko stated they dropped the general manager and he came on full time at that point. He noted they could have filed bankruptcy but instead have tried to pay all of their bills including $200,000 of debt from the Coon Rapids location. Council Member Hull asked about the May 1st deadline Mr. Moritko stated it will allow him enough time to catch up and he will send copies of payments made to the City, if desired. He stated this Council has helped other businesses and he is not asking for something they have not done before. Council Member Stigney noted the staff report shows that on October 22, 2009, $70,915.74 was delinquent but paying $7,500 per month from December 1 to May 1 would only equal $45,000. It also excludes the pending payment on May 15th so the numbers do not balance out. Mr. Moritko stated they have earmarked $17,000 for sales tax and will pay any remaining balance. He explained they are constantly looking at financing and working with US Bank on what can be done. Council Member Stigney noted if delinquent taxes are paid by May 1st, another payment is due on May 15th and asked if another extension will be requested. Mr. Moritko stated he is asking their bank to rewrite their note to require escrowing of property taxes so this is never an issue again. He stated US Bank knows they are speaking with the Council tonight and he hopes financing can be completed within 30 days. Council Member Stigney asked Mr. Moritko if he will submit paperwork to the City showing payments to Ramsey County and bank financing. Mr. Moritko stated he will do so and intends to keep communications open so the City is kept updated along the way. Council Member Stigney stated he would like an accounting as of January 1, 2010, before it goes further. Mr. Moritko agreed to that request. Mayor Flaherty stated he can empathize this is a humbling experience and he appreciates Mr. Moritko attending to provide this information. He clarified that the Council has no “power” to close Moe’s but can revisit the liquor license for revocation if the Council finds things are not moving forward. However, the loss of the liquor license would impact Moe’s ability to remain open. Mayor Flaherty noted penalties are due for delinquent property taxes and the City is not letting Mr. Moritko “off the hook” in any way. He stated this business is in trouble and when that occurs, the Council welcomes them to address the issues to see if solutions can be found. Mayor Flaherty stated he appreciates the comments of Mr. Halverson, who is an astute Mounds View City Council October 26, 2009 Regular Meeting Page 5 businessman, who had previously indicated to him that Moe’s complements their business. With regard to the number of times the Council will consider an extension, Mayor Flaherty stated the Council will consider it as long as there is a plan in place and a time limit. He asked what would happen if the delinquent taxes are not up-to-date by May 1, 2010, and the Council revokes the liquor license. Mr. Moritko stated he is not asking for the Council to look past May 1 and he is 100% confident it will not be an issue. Mayor Flaherty requested a legal opinion. City Attorney Riggs stated this consideration is within the Council’s authority and the May 1, 2010, deadline could easily be added to the resolution. Council Member Mueller stated she wants the business to succeed and no jobs lost but her business is in collections and this business owner had already presented a payment plan this past spring that was not followed. To her, this was a broken promise. Council Member Mueller referenced Code sections indicating that a liquor license will not be issued if payments are delinquent and that delinquencies are grounds for revocation or suspension. She felt the revocation of the liquor license would be punitive because not paying the State sales tax already removes the ability to get deliveries of beer and liquor. She felt the first priority for Moe’s was to bring State sales tax current because all assume if beer and liquor is not served, there will not be a lot of restaurant business. However, not all diners drink beer or liquor so it would not entirely shut down this operation. Mr. Moritko stated he does not want to speculate but thinks the banquet business currently booked is based on having a bar available. He stated they stocked up on liquor, wine, and bottled beer but currently they do not have keg beer available. Council Member Mueller recommend the Council verify the sales tax is paid within 45 days and look again at progress made by January 1, 2010. She felt that if substantial progress had not been made by that date, there was no sense to prolong the extension to May 1, 2010. Mr. Moritko stated they have earmarked close to $17,000, will bring sales tax current, and will pay $7,500 in December. He asked if that will be considered “substantial progress.” The Council indicated it would. Clerk-Administrator Ericson suggested language to revise the resolution that would require the owner to provide monthly documentation to the City. Council Member Stigney stated he also wants an update on the bank financing by January 1, 2010, so things do not drag on. Council Member Mueller stated it is unusual to consider a second extension but she believes Mr. Moritko is a good community partner, supports the community festival, high school band, pancake breakfast, and invested over $1 million in the community. She stated she hopes things turn around for all Mounds View businesses. MOTION/SECOND: Mueller/Gunn. To Waive the Reading and Adopt Resolution 7513, Approving a Revised Property Tax Payment Plan for Moe’s located at 2400 Highway 10, as amended to insert “May 1, 2010” in the sixth WHEREAS and add: “BE IT FINALLY Mounds View City Council October 26, 2009 Regular Meeting Page 6 RESOLVED that the owner shall provide monthly documentation to the City showing payments made to Ramsey County for payment of property taxes.” The owner is to submit proof of payment of $20,000 in taxes by January 11, 2010 and the Council will revisit this matter at its January 11, 2010, meeting. Council Member Hull stated he has no problem with this plan and is glad the Council was able to work this out, given the economic times. He noted the City does not want a vacant business property or loss of jobs. Mayor Flaherty stated the Council needed assurances and this consideration has been given to other businesses in the past. Ayes – 5 Nays – 0 Motion carried. Note: Item J was moved to this location upon adoption of the agenda. J. Resolution 7519, Adopting Enhanced Design Options for Edgewood Drive Reconstruction. Public Works Director DeBar presented the enhanced design configuration adopted by the Council for Edgewood Drive, between County Roads H and H2. He then presented the recommendation of the Streets and Utilities Committee and staff on additional design elements. He explained that if the turf boulevard is included, the roadway would be shifted about two feet to the west, just north of Woodale. The sidewalk would be shifted one to two feet closer to residences on the east side. Mayor Flaherty noted the recommendation of the Committee and staff differs on the Red Oak Drive chocker. Streets and Utilities Committee Member Amundsen stated they talked extensively about bicyclists having to veer around the choker but had observed students are using the crosswalk and felt a choker would provide more safety. She stated she viewed the area and did not personally see a safety concern with not having a bump out in that location because cars are cognizant of the crosswalk location so she is not concerned with staff’s recommendation. Mayor Flaherty stated he does not want a bicyclist to possibly divert into traffic lanes to avoid the curb. In addition, he thinks it will impede the access for two driveways. Public Works Director DeBar displayed cross section diagrams of Edgewood Drive and photos showing examples of sidewalk and boulevard projects. Ken Glidden, 5240 Edgewood Drive, stated his frustration that the design elements had been finalized at the Council’s September 28, 2009, meeting yet residents received notice of the meeting tonight indicating nothing is settled including width of the street, sidewalk, location of sidewalk, and boulevards. He stated this is disturbing to him since he had put a lot of time and effort into the consideration of this project and attended many meetings. Mr. Glidden stated the one tree that may be impacted is on his property so it seems personal. He noted the Edgewood School sidewalk is adjacent to the curb and signage is on the school side of the roadway. In Mounds View City Council October 26, 2009 Regular Meeting Page 7 addition, mailboxes and snow storage are not issues in that area. Mr. Glidden felt that bicycles did not belong in that area and that the issues were solvable, but it brings to light the reasons residents have been so involved with the Edgewood Drive project. He stated that three residents favor sidewalks and conceded on that issue since the width of the street was left intact, which they believe adds safety. Mr. Glidden stated he had been willing to accept the configuration that included the sidewalk as an acceptable intrusion for the safety of the wider street. However, now it has become more intrusive and had he known, he would have spoken more strongly against the sidewalks at the Committee meeting. Mr. Glidden advised that he just got the notice on Thursday but the meeting had already been held on Monday so his only opportunity was to attend the meeting tonight. He stated he can live with the mailboxes being on the other side of the street; however, that may be an issue for his other neighbors. He asked the Council to revert to the design agreed to at the September 21, 2009, Committee meeting and September 28, 2009, Council meeting. Dwayne Freeburg, Edgewood Drive, a 42-year resident, stated he was originally against the sidewalk but accepted the configuration shown on the orange sheet of paper and having mailboxes on the other side of the street. However, he objected to the configuration shown on the white sheet of paper because he believed road salt would cause dead grass along the street and in his yard. Barry Larson, 5200 Edgewood Drive, stated he lives across from the school and supports Option 3. He stated he also supports a wider street and sidewalks on both sides so it is up-to-date for the whole community. He stated there is validity in support of the boulevard, which he supports, noting it does not encroach beyond the right-of-way. Mr. Larson stated he has a salt problem on two sides since he has a corner lot. He thought the snow would be restricted to the boulevard so there would be less salt damage to yards. However, if the sidewalk is at the curb, snow would then be on their yards so more salt damage would occur. With regard to the mailboxes, he felt they should be on the east side, the same side as the houses. Mr. Larson stated he does not favor chokers or any sort of restrictions and suggested if there are concerns at the school, flashing lights at the crosswalks be considered as an alternative. Dave Warwick, 5081 Edgewood Drive, stated he does not support chokers because of the hazard caused for bicyclists and felt jogging the road over may cause a problem if drivers are not attentive. Mr. Warwork stated one day the salt truck went by his house four times and questioned why so much road salt has to be used. Public Works Director DeBar clarified that major design configurations have been approved. Under consideration tonight are design enhancements like turn lanes, boulevards, bump outs, and signing. He explained the alignment of the boulevard and sidewalk, resulting in a gain of three feet of lawn in the boulevard area. Council Member Gunn asked whether the tree in Mr. Glidden’s yard is in the way of the sidewalk. Public Works Director DeBar stated the tree trunk is within Mr. Glidden’s property. Council Member Gunn stated she supports the boulevard because it provides a margin of safety for pedestrians, does not support chokers, and supports the signage and turn lanes. Mounds View City Council October 26, 2009 Regular Meeting Page 8 Mr. Glidden noted there is also a parking lane along the curb that also provides separation. Council Member Stigney asked about the width of the boulevard on Long Lake Road. Public Works Director DeBar estimated less than five feet. Council Member Mueller asked how much farther the road is moved to the opposite side with the boulevard and sidewalk. Public Works Director DeBar stated the street is in the middle of the right-of-way at the area of the Middle School. If a boulevard is included, the sidewalk would be shifted two feet towards the property line and the road shifted three feet to the west, tapered north of Woodale Drive over 250 feet. Council Member Mueller reviewed that the design decided on by the Committee on September 21st and ratified by the Council on September 28th is that the road width would stay and residents left the meeting with that understanding. Those residents felt they had compromised to do the right thing with shared youth parking, bike lane/path, and safe pedestrian crossing with sidewalk adjoining the curb. Council Member Mueller advised of telephone calls she received asking how these design elements were re-opened. She noted that during engineering design work, it was found the ADA regulations may not be met with undulation over the driveways. She commented that while some residents traverse the City in motorized wheelchairs, she is concerned with the way this scenario came up and felt it was unfortunate these design enhancements were not addressed during the September meetings. Council Member Mueller supported a design with the sidewalks adjacent to the curb, as originally proposed, noting that residents would prefer mailboxes away from the sidewalk to prevent tampering by pedestrians. She stated with this experience, she hopes ADA requirements will be addressed when residents are providing public input. Public Works Director DeBar stated the ADA requirements can be met and are not the main “driver” of this consideration. He explained that in September the project had not yet reached this level of final design detail. Council Member Mueller asked about the difference in cost with the sidewalk adjacent to the curb versus installing the boulevard. Public Works Director DeBar stated it is the cost for five feet of salt resistant sod, maybe several hundred dollars. Council Member Hull asked why residents were not notified of the Street and Utilities Committee meeting. Public Works Director DeBar stated this was brought up last minute because the mailbox issue was missed. He stated staff tries its best to notify residents and the notices were hand delivered. Mayor Flaherty did not support the use of a choker due to safety concerns and thought the sidewalk should be located adjacent to the curb. He noted the Post Office has to agree to move the mailboxes across the street and suggested staff ask the ten residents impacted what they would prefer. MOTION/SECOND: Flaherty/Mueller. To Waive the Reading and Adopt Resolution 7519, Adopting Enhanced Design Options for Edgewood Drive Reconstruction, as amended to remove Mounds View City Council October 26, 2009 Regular Meeting Page 9 #1. Council Member Stigney stated he will oppose the motion because he thinks the sidewalk should be in conjunction with a boulevard of some width. Council Member Mueller stated for aesthetics she would most times agree except that the southern end the sidewalk is adjacent to the curb so the motion will result in consistency in location. Council Member Stigney noted the school is more of a commercial operation and the area under consideration tonight is in front of private residential property. Council Member Gunn stated the original approval was to locate the sidewalk adjacent to the curb so that has already been determined. Streets and Utilities Committee Member Amundsen reminded the Council that the south end of Edgewood Drive is a prime drop off location for school students, so that sidewalk location is appropriate. However, north of Edgewood Drive is an area for pedestrians so she encouraged the Council to consider the additional safety provided by a boulevard area. Mayor Flaherty agreed a boulevard does provide more safety; however, the sidewalk location adjacent to the curb was agreed to by the residents and he does not believe that design removed any safety. Ayes – 3 Nay – 2 (Gunn, Stigney) Motion carried. Mayor Flaherty left the Council Chambers at 9:21 p.m. and asked Mayor Pro Tem Stigney to chair the meeting. D. Resolution 7510, Authorizing Hay Point Adjustments for the Part Time Account Clerk and Receptionist/Recycling Coordinator Positions, and Approving 2% Wage Adjustment for the Part Time Account Clerk Position in Accordance with the Salary Compensation Plan. Assistant Clerk-Administrator Crane reviewed past Council considerations to approve a 2% wage adjustment for staff positions deemed under compensated by the compensation study, with the exception of the part time clerk position that needed a job audit. The Council authorized the job audit, which determined the Account Clerk and Receptionist/Recycling Coordinator positions were pointed too high so they were lowered. She explained that the market data indicates that both positions were under compensated according to the Salary Compensation Plan. The Receptionist/Recycling Coordinator received a 2% wage adjustment on January 1, 2009, but the part-time Account Clerk did not receive an adjustment due to the pending job audit. Assistant Clerk-Administrator Crane stated staff recommends authorizing HAY point adjustments for the part-time Account Clerk and Receptionist/Recycling Coordinator positions and a 2% wage adjustment for the Account Clerk, effective January 1, 2009, as authorized for the other under Mounds View City Council October 26, 2009 Regular Meeting Page 10 compensated employees. Council Member Hull asked if this consideration impacts pay equity. Clerk-Administrator Ericson stated it is not related. Council Member Mueller asked if this adjustment helps meet the pay equity for that position. Finance Director Beer stated a number of positions need to be evaluated and the point adjustment is reflective of job responsibilities for these positions. MOTION/SECOND: Gunn/Mueller. To Waive the Reading and Adopt Resolution 7510, Authorizing HAY Point Adjustments for the Part Time Account Clerk and Receptionist/Recycling Coordinator Position and Approving a 2% Wage Adjustment for the Part Time Accountant Clerk Position in Accordance with the 2009 Salary Compensation Plan. Mayor Pro Tem Stigney noted the HAY points are going down, but the pay would be increased. Mayor Flaherty returned to the Council Chambers at 9:26 p.m. He noted this should have been considered last year but was delayed due to the need for the job audit. Ayes – 5 Nays – 0 Motion carried. E. Resolution 7505, Adopting a Special Assessment Levy for Street Reconstruction Costs Related to the Transfer of Private Streets of the Silver Lake Woods Development. Finance Director Beer presented a recommendation to adopt a special assessment levy for the Silver Lake Woods Condo Association street reconstruction costs and to accept the turn back of private streets. It was noted the Association had agreed to waive the public hearing and assessment of the cost to bring the streets up to City standards. The total cost is $240,421.39 and will be repaid over ten years with an interest rate of 5.5%. He advised the total cost may be paid down somewhat prior to certification through the prepayment option. Council Member Mueller noted the original cost was higher than the actual total cost because favorable bids were received. Finance Director Beer stated that is correct. Mayor Flaherty asked who had been plowing the streets. City Attorney Riggs stated there was a limited maintenance agreement with the Association to allow access so the City plowed these private streets. MOTION/SECOND: Mueller/Gunn. To Waive the Reading and Adopt Resolution 7505, Adopting a Special Assessment Levy for Street Reconstruction Costs related to the Transfer of Private Streets for the Silver Lake Woods Development. Ayes – 5 Nays – 0 Motion carried. F. Resolution 7514, Reapproving the Final Plat & Development Agreement for the Select Senior Living Development. Mounds View City Council October 26, 2009 Regular Meeting Page 11 Community Development Director Roberts reviewed past Council action and presented a recommendation to reapprove the final plat and development agreement for the Select Senior Living development. The applicant is hopeful they can find financing; however, are seeking a 120-day reapproval that would expire on February 23, 2010. Council Member Mueller asked whether groundbreaking can occur during the winter months, if reapproved. Clerk-Administrator Ericson stated they can record the final plat and complete the development agreement to meet the 120 day extension and delay groundbreaking until spring. MOTION/SECOND: Mueller/Hull. To Waive the Reading and Adopt Resolution 7514, Approving the “Select Senior Living” Final Plat and Development Agreement; Mounds View Planning Case No. MA2008-002. Ayes – 5 Nays – 0 Motion carried. G. Resolution 7516, Appointing Tom Kinney as Interim Police Chief. Clerk-Administrator Ericson presented a recommendation to appoint Deputy Chief Tom Kinney as Interim Police Chief due to the resignation of Police Chief Sommer effective October 30, 2009. He also recommended Deputy Chief Kinney be additionally compensated at 10% in accordance with the City’s policy effective October 30, 2009. Council Member Mueller asked what factors were used to recommend 10%. Clerk- Administrator Ericson stated he analyzed the data and when elevated to the position of department head, past practice has been to compensate an additional 10%. Mayor Flaherty thanked Police Chief Sommer for his seven years of faithful service to Mounds View. He read a plaque of appreciation and stated Police Chief Sommer will be missed by all. Mayor Flaherty noted that Deputy Chief Kinney has 24 years of experience and Mounds View is fortunate he is able to fill this position. MOTION/SECOND: Flaherty/Mueller. To Waive the Reading and Adopt Resolution 7516, Appointing Tom Kinney as Interim Police Chief. Ayes – 5 Nays – 0 Motion carried. H. Resolution 7517, Approving “See for Yourself” as the New Tagline for the City of Mounds View. Community Development Director Roberts reviewed that the EDA had selected the tagline “See for Yourself” at its October 12, 2009 meeting. On October 21, 2009, the StarTribune published an article about the tagline and since that time, staff had received telephone calls from residents not in favor of the tagline. He explained that while there is no time constraint, if the Council supports this tagline, staff recommends ratification by adoption of the draft resolution. Mounds View City Council October 26, 2009 Regular Meeting Page 12 Val Amundsen, 3048 Woodale Drive, read a prepared statement regarding the City’s recent branding process that resulted in a new City logo and brand strategy. She read the City’s promise, which she believed the tagline should reflect as well as being unique and say something about Mounds View to differentiate itself from other communities. Ms. Amundsen asked what “See for Yourself” portrays to the reader and whether they will see anything remarkable. She stated that she loves Mounds View but does not believe it to be highly scenic or having a lot to “see.” Rather, she felt this tagline did not fit the City since it cannot fulfill expectations. Ms. Amundsen urged the Council to view the brand values created by Risdall Marketing Group and consider what should be promoted. She presented the responses she received from unbiased residents who also found the tagline was not responsive to what Mounds View had to offer. One resident offered a tagline of “Growing Together, Building Community” which fulfills the brand promise. Ms. Amundsen urged the Council to reassess the EDA adopted tagline, consider the new tagline offered by a resident, and that this item be tabled and returned to the EDA to delve into the Risdall Marketing data to assure the right tagline is selected for Mounds View. Council Member Gunn offered taglines of “A Special Kind of Town, See for Yourself,” “A Special Kind of Community, See for Yourself” or, “A Gem of a Place, Come See for Yourself.” She agreed more discussion is needed and supported tabling to a Council work session meeting. Council Member Mueller noted that one resident had indicated there are communities all over the country that wish they had one outstanding feature and, as the article pointed out, The Mermaid is registered as being historical. She noted that many know Mounds View because of The Mermaid and instead of overlooking the obvious, maybe the Council should view The Mermaid as a landmark. She supported tabling for further discussion. Mayor Flaherty stated he likes the EDA approved tagline, which is short and easy to remember, but is willing to discuss it further if that is the desire of the Council majority. He stated a tagline should also trigger the response or thought that it relates to Mounds View. Then, once that has occurred, Mounds View can speak for itself. Ms. Amundsen encouraged the Council to do random testing of the tagline prior to ratification. She stated not all have a great impression of The Mermaid and she felt Mounds View was much more than that. Council Member Gunn stated there are things to see in Mounds View such as gorgeous trees, wooded lots, parks, restaurants, and other amenities. Council Member Hull felt people were taking the word “see” too literally because it means other things like Fedor’s Market having the best meats available and Mounds View having one of the best school districts in the State. Council Member Stigney suggested tabling to an EDA meeting when five taglines can be identified that can be promoted to the community for input. Clerk-Administrator Ericson advised that the City’s website has a polling feature that can be used to gain input. Mounds View City Council October 26, 2009 Regular Meeting Page 13 Council consensus was reached to table consideration of the tagline to a future EDA meeting. CONSIDER EXTENSION OF MEETING MOTION/SECOND: Stigney/Hull. To waive the rules and extend the meeting to 10:30 p.m. Ayes – 5 Nays – 0 Motion carried. I. Resolution 7518, Authorizing Replacement Purchase of Chemical Scales and Chemical Switch-Over Units. Public Works Director DeBar advised of the need to replace switch-over units and scale equipment. He presented the three verbal quotes received and a recommendation to authorize the purchase of three chemical scales and two chemical switch over units from Larsco, Inc. for a total price of $5,985 plus tax and shipping. It was noted this was not an expected equipment replacement; however, money is available in account 700-4823-7030 for this type of purchase. Council Member Mueller asked about the importance of the sulfur dioxide scale. Public Works Director DeBar explained it is part of the treatment process and important to assure the correct amount is used. Mayor Flaherty commented on the importance of converting to an automatic system to assure proper operation. He noted the maintenance fund would be used for this cost. MOTION/SECOND: Mueller/Hull. To Waive the Reading and Adopt Resolution 7518, Authorizing Replacement Purchase of Chemical Scales and Chemical Switch-Over Units. Ayes – 5 Nays – 0 Motion carried. J. Resolution 7519, Adopting Enhanced Design Options for Edgewood Drive Reconstruction. This item was considered following Item 7C. K. Resolution 7515, to Consider Special Assessments for Unpaid Administrative Offense Fines. This item was removed upon adoption of the agenda. 8. CONSENT AGENDA A. Licenses for Approval. MOTION/SECOND: Mueller/Gunn. To Approve the Consent Agenda as Presented. Mounds View City Council October 26, 2009 Regular Meeting Page 14 Ayes – 5 Nays – 0 Motion carried. 9. JUST AND CORRECT CLAIMS Mayor Flaherty referenced Page 1, police general fund, for garage door repair. Finance Director Beer stated he will check and report back. Mayor Flaherty referenced Page 1, recreation, cable, and economic development. Finance Director Beer explained it was for unemployment for the cable operator and that the City had appealed this payment, it but was denied by the State. Council Member Mueller referenced Page 4, final payment of $214,160. Finance Director Beer stated it is the first payment on the north side for work done so far. Public Works Director DeBar stated the City will request reimbursement from the grant once payment is made. Mayor Flaherty referenced Page 4, Dave Perkins Contracting, for water repair. Public Works Director DeBar stated it was a water service repair. MOTION/SECOND: Mueller/Hull. To Approve the Just and Correct Claims as Presented. Ayes – 5 Nays – 0 Motion carried. 10. APPROVAL OF MINUTES A. September 28, 2009 City Council Meeting Minutes. Council Member Mueller requested a correction to the spelling of her last name. Mayor Flaherty requested clarification of Page 6, Line 21. After discussion, the Council asked staff to review the tape and make the appropriate correction. MOTION/SECOND: Gunn/Mueller. To approve the September 28, 2009 City Council meeting minutes as corrected. Ayes – 5 Nays – 0 Motion carried. CONSIDER EXTENSION OF MEETING MOTION/SECOND: Mueller/Hull. To waive the rules and extend the meeting to 11:00 p.m. Ayes – 5 Nays – 0 Motion carried. 11. REPORTS A. Reports of Mayor and Council. Council Member Mueller announced the October 30, 2009, Marching Knights spaghetti dinner to be held at Irondale School as a fundraiser and opportunity to make food shelf donations. She congratulated the five Bobcats and Eagle in Boy Scout Pack 367 who were presented with their Mounds View City Council October 26, 2009 Regular Meeting Page 15 award badges. Council Member Mueller informed the Council that the League of Minnesota Cities Board unanimously adopted the recommendation of the Ethics Advisory Panel. B. Reports of Staff. 1. Finance Quarterly Report. Finance Director Beer presented the financial report for the quarter ended September 30, 2009. 2. Community Development Quarterly Report. Community Development Director Roberts presented a summary of community development activities and code enforcement from January through September of 2009, noting activity is within budget. He gave credit to his department staff for incorporation of the quarterly report. 3. Electronic Message Board Designs. Community Development Director Roberts presented the EDA recommended design for the City’s electronic message sign and recommended the Council approve design #6. If approved, JDI Signs & Graphics will update the sign this fall if there are enough 50-degree days to complete the work. If not, JDI will update the sign in the spring of 2010. The Council discussed the color scheme of the sign. Council Member Stigney expressed concern that the white color scheme will require more frequent maintenance. Following discussion, majority Council consensus was reached to move forward with design #6. 4. Public Works Project Updates. Public Works Director DeBar presented the public works report, commented on work taking place this week, and advised of areas of vandalism that occurred over the weekend. 5. Report from the Administrator. Clerk-Administrator Ericson referenced his written report and announced the vacancies on City commissions and committees with an application deadline of October 30, 2009. Following discussion of the November work session agenda items, Council consensus was reached to table Item 1, Charitable Gambling License Code Amendment; Item 5, Review and Discuss Possibility of Organized Garbage Collection; and, Item 6, Review Draft of the 2010 Fee Schedule. C. Reports of City Attorney. Mayor Flaherty asked about the GM/Saturn bankruptcy issue. Clerk-Administrator Ericson stated it was forwarded to the City Attorney to assure utility bills and other costs were paid in case a lien needed to be filed against the property. Mounds View City Council October 26, 2009 Regular Meeting Page 16 Mayor Flaherty announced the October 27, 2009, Twin Cities North Business Expo, at the Mounds View Community Center. Council Member Mueller urged all out for Halloween night to be careful when driving and to avoid the use of candles. Mayor Flaherty noted that daylight savings time also occurs this weekend. 12. Next Council Work Session: Monday, November 2, 2009, at 6:00 p.m. Next Council Meeting: Monday, November 9, 2009, at 7:00 p.m. 13. ADJOURNMENT The meeting was adjourned at 11:00 p.m. Transcribed by: Carla Wirth TimeSaver Off Site Secretarial, Inc.