Loading...
04-20-10 Council April 20, 2010 A regular meeting of the Scandia City Council was held on the above date. Mayor Seefeldt called the meeting to order at 7:00 p.m. Following the Pledge of Allegiance, roll call was taken. The following council members were present: Council members Connie Amos, Pete Crum, Dolores Peterson and Mayor Dennis Seefeldt. Staff present: City Administrator Anne Hurlburt, City Attorney Dave Hebert, Building/Code Enforcement Official Steve Thorp, Treasurer Colleen Firkus, Deputy Clerk Brenda Eklund, Fire Chief Jim Finnegan and Police Deputy Chris Majeski. PUBLIC FORUM th Mike White, 13310 188 Street, asked the council to consider a review of Ordinance No. 75, specifically pertaining to language defining dangerous dogs. Administrator Hurlburt stated that the ordinance is currently being reviewed by staff and City Attorney Hebert. APPROVAL OF AGENDA Mayor Seefeldt moved agenda item 9.a) up in order to follow the Consent Agenda. Peterson, second by Amos, moved to approve the agenda as modified. The motion passed 4-0. APPROVAL OF CONSENT AGENDA The following consent agenda was presented: a) Minutes 1) March 16, 2010 Regular Meeting 2) April 6, 2010 Meeting with Planning Commission 3) April 12, 2010 Special Meeting, Board of Appeal and Equalization 4) April 13, 2010 Special Meeting with Planning Commission b) Treasurer’s Report Beginning Balance 03/01/10 $1,494,793.80 Receipts + 21,574.71 Expenditures 60,180.19 Payroll 28,354.89 - 88,535.08 Ending Balance 03/31/10 $1,427,833.43 c) Payment of Vouchers d) 2010 Contract with Lakes Area Youth Service Bureau e) Hire Tennis Instructor for Summer Recreation Program f) Hire Seasonal Parks Maintenance Worker g) Temporary Liquor License, Scandia Softball Association (June 4-7, 2010) h) Program Agreement with Girl Scouts of Minnesota and Wisconsin River Valleys for Summer 2010 Recreation Programs Crum, second by Peterson, moved to approve the Consent Agenda as presented. The motion passed 4-0. Council member Lindell arrived at the meeting at 7:05 p.m. April 20, 2010 Scandia City Council Page 2 of 6 ACCEPT DONATION OF COMMUNITY CENTER SIGN AND LANDSCAPING PROJECT (RESOLUTION 04-20-10-03) On behalf of the City Council, Mayor Seefeldt recognized Girl Scouts Allie Dreher, Libby Faffler and Stefania Mackeiwicz for their donation of the new Scandia Community Center sign and landscaping project surrounding the sign. The Scouts were responsible for raising the project funds and installing the new landscaping and sign. The landscaping costs were $800; the sign was $1,517.63, for a total cost of $2,317.63. Mayor Seefeldt congratulated the Scouts on their accomplishment of earning the Girl Scout Gold Award. Peterson, second by Amos, moved to adopt Resolution No. 04-20-10-03, Accepting Donation of Community Center Sign and Landscaping Project from Girl Scouts Allie Dreher, Stefania Mackeiwicz and Libby Faffler. The motion passed 5-0. PUBLIC HEARING – LIQUOR LICENSE VIOLATION, MI CASITA MEXICAN GRILL (RESOLUTION 04-20-10-01) Administrator Hurlburt explained the purpose of calling a public hearing for violation of Ordinance No. 93, Adopting Liquor Regulations, regarding Mi Casitas Mexican Grill, 21050 Ozark Avenue. City Attorney Hebert entered the following evidence into the record: 1) Initial Complaint Report dated December 30, 2009. An alcohol compliance check was conducted by the Washington County Sheriff’s Department. Mi Casita Restaurant failed the compliance check by serving alcohol to an underage buyer. Identification of the buyer was not checked. 2) Letter dated January 5, 2010 to Mr. Adrian Quintana, from City Administrator Hurlburt, advising the owner of the compliance failure. The letter noted that a hearing would be held upon conclusion of the criminal case. Details of Ordinance No. 93 regarding Suspension and Revocation and Penalties were also included in the letter. For a first violation, the possible penalties include a one-day license suspension and a minimum $500 civil penalty. 3) Letter dated March 4, 2010 from prosecuting attorney Mr. Welch to the Washington County Sheriff’s Department. The letter confirmed that the server plead guilty to the charge of furnishing alcohol to an underage person, and was sentenced to a fine of $1,000 and 90 days in jail, with terms reduced per conditions. 4) Letter dated April 9, 2010 from City Administrator Hurlburt to Adrian Quintana advising the owner of the date and time of the public hearing on the alleged liquor violation. Mayor Seefeldt opened the public hearing. There was no representation from the Mi Casita business present. Mayor Seefeldt closed the hearing. Council member Lindell stated that the business appeared not to do a good job of policing the customers. April 20, 2010 Scandia City Council Page 3 of 6 Council member Crum made a motion to adopt Resolution 04-20-10-01, Imposing Penalties to Mi Casitas for Liquor License Violation. The resolution contained the minimum penalties of a one-day suspension and $500 penalty. Mayor Seefeldt voiced a second to the motion with a suggestion that the ownership determine the date of the one-day license suspension. Mr. Adrian Quintana arrived to the meeting at 7:12 p.m. Mayor Seefeldt reopened the hearing to allow Mr. Quintana an opportunity to speak. Mr. Quintana verified that the server did not ask for identification, as it was a very busy evening. Since that day, Mr. Quintana stated that the employees check customer identification very strictly. The employee continues to work for the establishment. Mr. Quintana verified that this was the first liquor license violation for the Scandia business. Mr. Quintana has held a liquor license for seven years. Mr. Quintana was given the opportunity to select the date of the one-day suspension of the business’s liquor license. April 26, 2010 was selected. The business may not sell liquor, but will be open for the sale of food. Mayor Seefeldt closed the public hearing. Council member Lindell stated that he does not support the motion. He would like the business to be given another chance, as he felt that no harm was done. Council member Crum stated that the ordinance is quite clear on imposing penalties for violations. Council member Peterson acknowledged that the requirements should be strictly followed so as not to set a precedent against future violations of other businesses. A vote to adopt Resolution 04-20-10-01, Imposing License Suspension and Civil Penalties on Mi Casita Mexican Grill/Chiko Enterprises, Inc. for Liquor License Violation, was taken. Voting yes: Peterson, Crum Seefeldt. Voting no: Lindell, Amos. The motion passed 3-2. PARK AND RECREATION COMMITTEE Resolution in Support of Gateway Trail (Resolution 04-20-10-02) At the request of the Friends of Scandia Parks and Trails, Park and Recreation Committee Chair Alex Bildeaux recommended the Council adopt a resolution supporting expansion of the Gateway Trail through the City of Scandia. The Committee has asked that the City officially go on record in support of the expansion of the Gateway Trail from William O’Brien State Park to the Chisago County line. Tom Triplett, chair of the “Friends”, explained that this action is a means to encourage the DNR to keep moving on the project. April 20, 2010 Scandia City Council Page 4 of 6 Mayor Seefeldt recognized that plans for this multi-use trail has been in the works for many years and is a significant part of both the City’s Comprehensive Plan and the Comprehensive Parks, Trails, Open Space and Recreation Plan. Peterson, second by Seefeldt, moved to adopt Resolution 04-20-10-02, Supporting Expansion of the Gateway Trail through the City of Scandia. The motion passed 5-0. POLICE DEPARTMENT Deputy Chris Majeski departed the meeting to respond to a call. The Council was presented with the monthly incident and citation reports. 2010 National Night Out Deputy Majeski, along with Scandia Fire and Rescue, has begun plans to hold the third annual National Night Out event on August 3, 2010 from 6:00 to 7:30 p.m. on the Community Center grounds. Mayor Seefeldt, along with the council, offered their support for this community event. FIRE DEPARTMENT Fire Chief Jim Finnegan presented the department’s monthly activity report. There were 22 calls in March, fourteen which were emergency medical support calls. Firefighters attended state fire schools in March. Finnegan, Hinz and Havener are now certified as Fire Instructors. Eleven applications for new volunteer firefighters were received. Physical testing will be held on May 1. The fire department will be involved in a controlled burn at Lilleskogen Park on May 8, as part of weed eradication for the wetland restoration project. BUILDING/CODE ENFORCEMENT OFFICIAL Building/Code Enforcement Official Steve Thorp reported that one new residential construction permit was issued in March, with a total of 23 building permits issued. Thorp is pursuing dangerous dog violations and working on revisions to the dog ordinance. The uptown sewer system is being carefully monitored in response to the pump alarms sounding last month. It’s possible this was due to rapid melt-off of the ice rink. Council member Lindell asked for an explanation on enforcement of watershed rules and issues. CITY ADMINISTRATOR Absentee Voting for 2010 City Administrator Anne Hurlburt reported on recent changes to the absentee ballot (AB) voting process made by the State Legislature that will be effective for the 2010 Primary and General elections. Previously, Scandia has administered the own absentee ballots at the city office, with the city providing additional office hours the Saturday prior to the election date. Staff recently met with county elections staff to discuss the new AB process. The new procedures will be significantly more complex, requiring additional training, computer equipment purchases and paid election judges to serve on a local AB Board. With the exception of Stillwater and White Bear Lake, all other Washington County cities have decided not to administer absentee voting. If Scandia does not administer AB voting, voters would be directed April 20, 2010 Scandia City Council Page 5 of 6 to county service centers to obtain ballots. However, absentee ballot applications could be distributed from the Scandia office, which residents can then mail in. City Administrator Hurlburt explained that vote totals will not immediately be known on election night, as the County will process and count all ABs and then forward the counts to each precinct. It is not known how much time this will take. Council member Peterson felt that this new procedure would be difficult for limited staff to take on and advised against it. Mayor Seefeldt recognized that this is a convenient service which has been provided to the residents for many years and hard to give up, but supports a decision to allow the County to administer absentee ballots. Many factors make this new procedure a complicated process. Peterson, second by Crum, moved to allow Washington County to administer absentee ballots for the City of Scandia for the 2010 elections. The motion passed 5-0. ADMINISTRATION OF WETLAND CONSERVATION ACT (WCA) (RESOLUTION NO. 04-20-10-04 AND RESOLUTION NO. 04-20-10-05) The Board of Soil and Water Resources has requested that all local government units (LGUs) review and update their resolutions for administration of the WCA. The City contracts with the Washington Conservation District for technical expertise in administering the WCA. Jyneen Thatcher, WCD, was present to answer any questions. The first resolution accepts authority and administrative responsibility for the WCA. Peterson, second by Crum, moved to adopt Resolution No. 04-20-10-04, Accepting Authority for and Administration of the Minnesota Conservation Act. The motion passed 5-0. The second resolution explains what decisions are delegated to staff, and which decisions will rest with the City Council. This reflects the current practice. Seefeldt, second by Peterson, moved to adopt Resolution No. 04-20-10-05, Regarding the Administration of the Minnesota Wetland Conservation Act. The motion passed 5-0. CONSIDER REDUCING SPECIAL ASSESSMENTS TO LOTS 3 AND 6, BLOCK ONE, THE SANCTUARY Administrator Hurlburt reported on a settlement being proposed for an assessment which was entered into with the developer of The Sanctuary in 2008. The assessments on two lots now owned by First State Bank of Wyoming are being challenged and the Bank is threatening legal action. Staff and City Attorney Hebert stated that the assessments were proper based on the agreement with the developer, but to avoid litigation expenses, a settlement should be agreed upon. The proposed settlement which the Bank is willing to except is as follows: Original assessment: $24,466.06 Reduction of $2,000 per lot: -4,000.00 Principal and interest paid in 2009: -6,668.22 Payment in satisfaction of assessments: = $13,797.74 April 20, 2010 Scandia City Council Page 6 of 6 Discussion on the factors which contributed to the assessment took place. A premature reduction in the letter of credit for completion of the street was recommended by the City Engineer, therefore requiring lots owned by the developer to be assessed for the street improvement. Council member Peterson suggested that it would be better to accept the settlement agreement to avoid litigation costs. Defense costs related to special assessments are excluded from the city’s insurance coverage. Peterson, second by Crum, moved to approve the settlement and accept $13,797.74 as payment in full for the remaining balance of the special assessments on Lots 3 and 6, Block 1, The Sanctuary. The motion passed 5-0. NOMINATIONS TO CARNELIAN-MARINE-ST.CROIX WATERSHED DISTRICT BOARD OF DIRECTORS Washington County has requested nominations to serve on the Carnelian-Marine-St. Croix Watershed board of managers for four terms that will expire on June 21, 2010. The City advertised for citizens interested in representing the Scandia/Big Marine Lake area. One application was received from May Township resident Mary Brown. Mayor Seefeldt stated that he believes it’s important that the former WMO and orphan area along the river be represented on the Watershed Board, a condition that has not been met since the reorganization of the watershed a few years ago. Mayor Seefeldt recommended nominating Kristin Tuenge, 20595 Quinnell Avenue. Ms. Tuenge is interested in serving on the Watershed Board and will be contacted to submit a written application. Council member Peterson added that Ms. Tuenge would be a well qualified candidate. Seefeldt, second by Peterson, moved to submit Kristin Tuenge’s nomination to serve on the CMSCWD Board of Managers. The motion passed 5-0. Staff will forward Mary Brown’s application to Washington County for their consideration. Peterson, second by Amos, moved to adjourn the meeting. The motion passed 5-0. The meeting adjourned at 8:10 p.m. Respectfully submitted, Brenda Eklund Deputy Clerk