HomeMy WebLinkAboutAgenda Packets - 2015/03/23CITY OF MOUNDS VIEW
CITY COUNCIL MEETING AGENDA
MOUNDS VIEW CITY HALL
Monday, March 23, 2015
7:00 p.m.
REVISED AS OF MONDAY, MARCH 23, 2015, AT 10:30 A.M.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL: Flaherty, Gunn, Hull, Meehlhause, Mueller
4. APPROVAL OF AGENDA
5. PUBLIC INPUT:
Citizens may speak to issues not on tonight’s agenda. Before speaking, please give
your full name and address for the minutes. Also, please limit your comments to three
minutes.
6. SPECIAL ORDER OF BUSINESS
A. Presentation and Update from Ramsey County Commissioner Mary Jo McGuire
7. COUNCIL BUSINESS
A. 7:00pm Public Hearing, Second Reading and Adoption of Ordinance 898,
Amending City Code Chapter 607 Regarding the Storage of Fish Houses in
Front Yard Areas
B. Resolution 8372 Adopting a Special Assessment Levy for a Private Sewer
Improvement at 8130 Edgewood Drive
C. Resolution 8388 Approving Bidding Documents and Authorizing, Advertisement
for Bids for 2015 Sanitary Sewer Rehabilitation Project
8. CONSENT AGENDA
A. Schedule Public Hearings for Monday, May 11, 2015, at 7:00 pm, to Consider
On-Sale Intoxicating Liquor Licenses for Moe’s (located at 2400 County Road
10), The Mermaid (located at 2200 County Road 10), and El Loro (located at
2535 County Road 10).
B. Schedule Public Hearings for Monday, May 11, 2015, at 7:00 pm, to Consider
Off-Sale Intoxicating Liquor Licenses for ABC Liquor (located at 2840 County
Road 10), Big Top Liquor (located at 2577 County Road 10), and Vino &
Stogies (located at 2345 County Road H2)
C. Schedule a Public Hearing for Monday, May 11, 2015, at 7:00 pm, to Consider
an Off-Sale 3.2 Malt Liquor License for SuperAmerica, located at 2640 County
Road I
D. Resolution 8387 Approving an Amended North Suburban Communications
Commission (NSCC) Joint and Cooperative Agreement for the Administration
of a Cable Communications Franchise
March 23, 2015
City Council Meeting Agenda
Page 2
9. JUST AND CORRECT CLAIMS
10. APPROVAL OF MINUTES
A. March 9, 2015, City Council Minutes
11. REPORTS
A. Reports of Mayor and Council
B. Reports of Staff
C. Reports of City Attorney
12. Next Council Work Session: Monday, April 6, 2015, at 7:00 p.m.
Next Council Meeting: Monday, April 13, 2015, at 7:00 p.m.
Town Hall Meeting: Monday, March 30, 2015, at 6:00 p.m.
13. ADJOURNMENT
Item No: 7A
Meeting Date: March 23, 2015
Type of Business: Public Hearing
Administrator Review: __________
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Heidi Heller, Planning Associate
Item Title/Subject: Public Hearing - Second Reading and Adoption of Ordinance
898, Amending City Code Chapter 607 for Storage of Fish
Houses in Front Yard Areas of Residential Districts
A resident sent in a request to amend the City Code relating to parking of fish houses in
residential districts. He requested that the code be amended to allow the storage of drop axle
style fish houses in the front yard area of properties longer than 24 hours. The City Council
discussed this and was supportive of being more permissive of fish houses being kept on
properties and asked the Planning Commission to discuss and make a recommendation.
The Planning Commission discussed this in great length at the February 4, 2015 meeting, and
decided to allow only “drop axle style” fish houses to be stored for any length of time on
residential properties. Most of these drop axle style fish houses are designed to be used all
year round. They are used as ice fishing houses in the winter and campers in the summer.
The Commissioners felt that since many of these houses are used year-round and look like a
cross between a camper and enclosed fiberglass trailer, having them in the front yard area is
no different than the allowed campers, boats or regular trailers. The Planning Commission
also recommended that a definition for drop axle fish house be added to the code in order to
assist staff with enforcement.
The City Council reviewed the proposed amendments and approved the first reading of
Ordinance 898 on February 23, 2015. The ordinance language remains changed from the first
reading.
Recommendation
Hold the Public Hearing and take any testimony. Staff recommends adoption of Ordinance
898 and publication of the Ordinance Summary.
Sincerely,
Heidi Heller, Planning Associate
Attachment:
1. Ordinance 898
ORDINANCE 898
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE AMENDING CHAPTER 607 OF THE MOUNDS VIEW CITY CODE
ABOUT STORAGE OF FISH HOUSES IN FRONT YARD AREAS
The City of Mounds View ordains:
SECTION 1. The City Council of the City of Mounds View hereby amends Title 600,
Chapter 607.01 of the Mounds View City Code pertaining to “Nuisances, Rules and
Definitions” by deleting the stricken language and adding the underlined text as follows:
607.01: RULES AND DEFINITIONS
Subd. 22. Drop Axle Fish House: A drop axle or drop down ice fish house is one that
is built on a frame that would be considered ground level loading. It would be made
with a solid metal frame utilizing U shaped axles where the wheel hubs attach to the
upward tips of the U and the leaf springs attach to the lower horizontal portion. This will
allow the platform to be movable between a lower position and a raised position. Each
Drop down style fish house must meet state statute for a trailer and be licensed
appropriately.
SECTION 2. The City Council of the City of Mounds View hereby amends Title 600
Chapter 607.06 of the Mounds View City Code pertaining to “Outside Parking and
Storage” by deleting the stricken language and adding the underlined text as follows:
607.06: OUTSIDE PARKING AND STORAGE:
Subd. 2. Unlawful Parking And Storage: (Ord. 694, 3-11-02)
a. No person may place, store, or allow the placement or storage of non-drop axle ice fish
houses, skateboard ramps, play houses, or other similar nonpermanent structures outside
continuously for longer than twenty four (24) hours in the front-yard area of
residentially-zoned property.
Ordinance 898
Page 2
SECTION 3. In accordance with Section 3.07 of the City Charter, City staff shall have the
following summary printed in the official City newspaper in lieu of the complete ordinance:
On March 23, 2015, the City Council adopted Ordinance 898 that amends
Chapter 607 of the Mounds View Municipal Code. These amendments will
allow drop axle style fish houses to be stored in the front yard area of
Residential Zoning Districts for any length of time. A printed copy of the
ordinance is available for inspection during regular business hours at
Mounds View City Hall and is available on line at the City’s web site located
at www.ci.mounds-view.mn.us.
SECTION 4. This ordinance takes effect 30 days after its publication in the official City
newspaper.
INTRODUCTION AND FIRST READING by the Mounds View City Council the 23rd day
of February, 2015.
PUBLIC HEARING, SECOND READING AND ADOPTION by the Mounds View City
Council the 23rd day of March, 2015.
PUBLICATION DATE: April 3, 2015
_____________________________________
Joe Flaherty, Mayor
ATTEST:
_____________________________________
James Ericson, City Administrator
(seal)
City of Mounds View
Private Improvement
Certify 15 for Pay 16
Resolution 8372
59201601
Ten year assessments
Interest rate 5.5%
PIN Owner Owner2 Street Address CityStateZip Assessed Amount
053023230054 Peter Slabiak 8130 Edgewood Drive Mounds View, MN 55112 $12,605.57
Item No: 7.B.
Meeting Date: March 23, 2015
Type of Business: Council Business
Administrator Review: _____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Mark Beer, Finance Director
Item Title/Subject: Resolution 8372 Adopting a Special Assessment Levy for a
Private Sewer Improvement at 8130 Edgewood Drive
The City Council postponed action on this assessment at the February 9th meeting to give the home
owner an opportunity to research the issue and to file a claim against the City’s insurance carrier.
The City repaired a sewer line that the resident was unable to effectuate due to the complexity of the
repair. The property is located at 8130 Edgewood Drive. The property owner has signed an
agreement to waive their right to a public hearing and has agreed to pay the full cost of the private
improvement plus interest and the administrative fee. The total cost of the private sewer repair is
$12,605.57
The property owner may pay the amount due by 4:30 P.M. on Monday, March 23, 2015 in order to
avoid the $35.00 administrative fee. The owner may prepay the assessment between March 24, 2015
and April 23, 2015 without paying additional interest. After that, interest at the rate of 5.50% will
accrue from March 23, 2015 through the payment date. This interest rate and administrative fee were
set by the City Council in Resolution 7135.
On or after April 23, 2015, we will forward the assessment roll to Ramsey County for collection with the
2016 property taxes.
Respectfully submitted,
___________________________
Mark Beer
RESOLUTION NO. 8372
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
Adopting a Special Assessment Levy for a Private Sewer Improvement at 8130 Edgewood
Drive
WHEREAS, the City has received a signed petition and waiver agreement from the individual
property owner at 8130 Edgewood Drive agreeing to the proposed assessment in the attached
assessment roll for a private improvement of a sewer line.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mounds View
that:
1. Such proposed assessment roll, a copy of which is attached hereto and made a part hereof,
is accepted and shall constitute a special assessment against the lands named therein, and
each tract of land therein is hereby found to be benefited by the private improvement in the
amount of the assessment levied against it.
2. The assessment as adopted and confirmed shall be payable in equal annual installments
over a period of ten (10) years, the first of the installments to be payable on or before the
first Monday in January 2016, and shall bear interest at the rate of five and one half (5.5)
percent per annum from March 23, 2015. To the first installment shall be added interest on
the entire assessment from March 23 2015 through December 31, 2016. To each
subsequent installment when due shall be added interest for one year on all unpaid
installments.
3. The owner of any property so assessed may at any time prior to the certification of the
assessment to the County Auditor pay the whole of the assessment, with interest accrued to
the date of payment, to the City Treasurer, except that no interest shall be charged if the
entire assessment is paid within 30 days from the adoption of this resolution; and the owner
may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment,
with interest from the date of adoption of this resolution through the date of payment, such
payment must be made before April 23, 2015, or interest will be charged through December
of the succeeding year.
4. The City Administrator shall forthwith transmit a certified duplicate of this assessment to the
County Auditor to be extended on the property tax lists of the county, and such assessment
shall be collected and paid over in the same manner as other municipal taxes.
Adopted this 23rd Day of March 2015.
______________________________
Joe Flaherty, Mayor
(ATTEST)
______________________________
Jim Ericson, City Administrator
(SEAL)
Item No: 08D
Meeting Date: March 23, 2015
Type of Business: Consent
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: James Ericson, City Administrator
Item Title/Subject: Resolution 8387 Approving an Amended North Suburban
Communications Commission (NSCC) Joint and Cooperative
Agreement for the Administration of a Cable Communications
Franchise
Introduction:
Last year, members of the North Suburban Communications Commission (NSCC) began
the process to update the Joint Powers Agreement that all members helped create for the
purposes of managing the cable franchise. The Agreement was last updated in 1990.
Discussion:
Cor Wilson, the NSCC Executive Director, prepared a summary of the changes to the
Agreement. Her memo, dated March 13, 2015, and the redline version of the agreement,
are attached for the Council’s review and consideration.
At the February 5, 2015, meeting of the North Suburban Communications Commission
(NSCC), the Commissioners voted to recommend that member city councils approve
amendments to the Joint Powers Agreement.
Recommendation:
Staff recommends that the City Council approve Resolution 8387, a resolution approving
the amended North Suburban Communications Commission Joint and Cooperative
Agreement for the administration of a cable communications franchise.
Respectfully submitted,
________________________
James Ericson
City Administrator
Attachments:
1. Memo from Cor Wilson, dated March 13, 2015
2. Amended North Suburban Communications Commission Joint and Cooperative
Agreement for the administration of a cable communications franchise
3. Resolution 8387
March 13, 2015
to: Jim Ericson, City Administrator
City of Mounds View
from: Cor Wilson
Executive Director
subject: Revisions to Joint Powers Agreement
We began revising the Joint Powers Agreement last summer, working with the city managers
and administrators and the NSCC/NSAC Strategic Planning Committee. Since the Joint Powers
Agreement had last been updated in 1990, most of the 2014/2015 revisions to the document
reflected our current practice. In addition, the Strategic Planning Committee clarified some of the
language and made sure it was consistent throughout. Finally, some of the changes reflected
our experience with the withdrawal of the City of Shoreview from the NSCC.
I. General Updates –
These include the name change and combining the secretary and treasurer officers into
one position. The purpose and duties of the NSCC were updated and clarified in Articles II and
VIII. For example, the NSCC does not monitor the cable system so much as it administers the
cable franchises of the member cities. The specific reference to rate regulation was changed to
a broader concern with consumer protection. With the withdrawal of the City of Shoreview,
references to the city were removed and the number of members updated.
Article VII still reflected language from the original Joint Powers Agreement adopted in
1983, so that was removed. Article X, Section 4, reflects current practice.
II. Language consistency and clarity –
We changed all references to “Board” to “Commission” in order to be consistent. Article
X, Section 3, clarified the current practice and eliminated excess verbiage.
III. Change reflecting experience with Shoreview’s withdrawal
Article VIII, Section 11, makes clear that a withdrawing city will assume all responsibility
for its own Public, Education and Government access channels and removed a reference to the
1990 document which transferred responsibility for the PEG channels from the cable company to
the NSCC. Because the current withdrawal schedule made budgeting difficult, Article X changes
the notification date for withdrawal from October 15 to July 1 and changes the date by which a
the withdrawing city may rescind its notice from December 31 to October 15. In addition to again
clarifying that the withdrawing city is responsible for its own PEG channels, we also deleted
language that required the NSCC to distribute a pro rata share of any PEG channel funding to
the withdrawing city. Instead, the cable operator must pay its obligated PEG channel funding for
the withdrawing city directly to that city.
Feel free to contact me if you have any additional questions about the revisions.
Arden Hills Falcon Heights Lauderdale Little Canada Mounds View New Brighton North Oaks Roseville St. AnthonyNorth Suburban Communications Commission North Suburban Access Corporation 2670 Arthur Street Roseville, MN 55113 Phone: (NSCC) 651-792-7500 (CTV) 651-792-7515 (Fax) 651-792-7501 www.ctvnorthsuburbs.org
RESOLUTION NO. 8387
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPROVING AN AMENDED NORTH SUBURBAN
COMMUNICATIONS COMMISSION (NSCC) JOINT AND COOPERATIVE
AGREEMENT FOR THE ADMINISTRATION OF A CABLE COMMUNICATIONS
FRANCHISE
WHEREAS, the North Suburban Communications Commission Joint Powers
Agreement was established in 1983; and,
WHEREAS, the North Suburban Communications Commission Joint Powers
Agreement was last amended in 1990; and,
WHEREAS, amendments have been suggested to the North Suburban
Communications Commission Joint and Cooperative Agreement for the Administration of a
Cable Communications Franchise; and,
WHEREAS, The North Suburban Communications Commission has voted to
recommend the member cities approve the amended the North Suburban Communications
Commission Joint and Cooperative Agreement for the Administration of a Cable
Communications Franchise to better reflect current practice, create language consistency
and clarity, and to account for the withdrawal of former member Shoreview.
NOW, THEREFORE BE IT RESOLVED THAT the Mounds View City Council
approves the proposed amendments to the North Suburban Communications Commission
Joint and Cooperative Agreement for the Administration of a Cable Communications
Franchise format as shown in the attached Exhibit A and authorizes the Mayor and City
Administrator to execute the document on its behalf.
Adopted this 23rd day of March 2015.
_______________________________
Joe Flaherty, Mayor
ATTEST:
_______________________________
James Ericson, City Administrator
(seal)
1 2015 Final – Redline Version
Revised June, 1990 2015
AMENDED
NORTH SUBURBAN CABLE COMMUNICATIONS COMMISSION
JOINT AND COOPERATIVE AGREEMENT
FOR THE ADMINISTRATION OF A CABLE COMMUNICATIONS
SYSTEMFRANCHISE
I. PARTIES
The parties to this Agreement are governmental units of the state of Minnesota. This
Agreement is made pursuant to Minnesota statutes Section 471.59, as amended.
II. GENERAL PURPOSE
The general purpose of this Agreement is to establish an organization to monitor the
operation and activities of cable communications, and in particular, the Cable Communication
System (system) of the parties; to provide coordination of administration to administer and
enforcement of the respective cable franchises of the parties; for their respective system; to
administer the procedure for the renewal of the existing cable franchises and the procedure for the
award of new cable franchises; to promote, coordinate, administer and develop community PEG
access cable television channels and programming; and to conduct such other activities authorized
herein as may be necessary to insure equitable and reasonable rates and service levels for the
citizens establish and enforce consumer protection standards for cable subscribers of the
members of the organization.
III. NAME
The name of the organization is the North Suburban Cable Communications Commission
(NSCC).
IV. DEFINITION OF TERMS
Section 1. For the purposes of this Agreement, the terms defined in this Article shall have
the meanings given to them.
Section 2. “Commission” means the Board of Directors created pursuant to this
Agreement.
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Section 3. "Council" means the governing body of a member.
Section 4. “Franchise” means that cable communications franchise granted by all cities
listed in Article V, section 1.
Section 5. “Grantee” means the any person or entity to whom a franchise has been
granted by a member.
Section 6. "Member" means a municipality which enters into this Agreement.
Section 7. “System” means that cable communications system more specifically defined in
the Franchise Ordinance of the Member.
V. MEMBERSHIP
Section 1. The municipalities of Arden Hills, Falcon Heights, Little Canada, Lauderdale,
Moundsview, New Brighton, North Oaks, Roseville, and St. Anthony., and Shoreview are eligible
to be the Members of the Commission. Any municipality geographically contiguous to any of
these named municipalities and served by a cable communications system through the same
Grantee may become a Member pursuant to the terms of this Agreement.
Section 2. Any municipality desiring to become a Member shall execute a copy of this
Agreement and conform to all requirements herein.
Section 3. The initial Members shall be those municipalities listed in sSection 1 of this
Article V.
Section 4. Municipalities desiring to become Members after the date specified in Article
V, Section 3, may be admitted by an affirmative vote of two-thirds (2/3) of the votes of the
Members of the commission, with at least five (5) Members voting in the affirmative. The
Commission may, by resolution, impose conditions upon the admission of additional members.
VI. DIRECTORS; VOTING
Section 1. Each Member shall be entitled to one (1) director to represent it on the
Commission. Each director is entitled to vote in direct proportion to the percent of annual
revenues attributable to the municipality represented by the director to the total annual revenues
of the system for the prior year rounded to the nearest whole number, provided, however, that
each director shall have at least one vote. For the purposes of this section, the annual revenues for
each Member and the total annual system revenues as of December 31 of each year shall be
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determined by the records of the cable operator filed with the commission with the annual
franchise fee. Prior to the first commission meeting in March of each year, the
Secretary/Treasurer of the commission shall determine the number of votes for each Member in
accordance with this section and certify the results to the Chair.
Section 2. A director shall be appointed by resolution of the Council of each Member. A
director shall serve until a successor is appointed. and qualified. Directors shall serve without
compensation from the Commission.
Section 3. Each Member shall may appoint at least one an alternate director or directors.
The Commission, in its By-Laws, may prescribe the extent of an alternate's powers and duties.
Section 4. A vacancy in the office of director will exist for any of the reasons set forth in
Minnesota Statutes Section 351.02 or upon a revocation of a director's appointment duly
filed by a Member with the commission. Vacancies shall be filled by appointment for the
unexpired portion of the term of director by the Council of the Member whose position on the
Board Commission is vacant.
Section 5. There shall be no voting by proxy, but all votes must be cast by the director or
the duly authorized alternate at a Commission meeting.
Section 6. The presence of five directors representing a majority of the total authorized
votes of all directors shall constitute a quorum, but a smaller number may adjourn from time to
time.
Section 7. A director shall not be eligible to vote on behalf of the director's municipality
during the time said municipality is in default on any contribution or payment to the commission.
During the existence of such default, the vote or votes of such Member shall not be counted for
the purposes of this Agreement.
Section 8. All official actions of the commission must receive two-thirds (2/3) of all
authorized votes cast on that issue at a duly constituted meeting of the Commission and the
affirmative vote of five directors. Abstentions shall not be considered authorized votes cast.
VII. EFFECTIVE DATE; MEETINGS; ELECTION OF OFFICERS
Section 1. A municipality may enter into this Agreement by resolution of its council and
the duly authorized execution of a copy of this Agreement by its proper officers. Thereupon, the
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clerk or other appropriate officer of the municipality shall file a duly executed copy of this
Agreement, together with a certified copy of the authorizing resolution, with the Commission.
Office of the NSCC. The resolution authorizing the execution of the Agreement shall also
designate the director and the alternate for the municipality on the Commission, along with said
director's and alternate's address, and home and work phone numbers.
Section 2. This Agreement and any amendments thereto are effective on the date when
executed agreements and authorizing resolutions of five of the municipalities all of the members
named in Article V, Section 1, have been filed as provided in this Article.
Section 3. Officers of the commission shall be elected annually for one-year terms. Officers shall
be limited to two consecutive terms in a given office. [NOTE: Moved to Art. IX, Section 1.]
VIII. POWERS AND DUTIES OF THE COMMISSION
Section 1. The powers and duties of the Commission shall include the powers set forth in
this Article.
Section 2. The Commission may make such contracts, grants, and take such other action
as it deems necessary and appropriate to accomplish the general purposes of the organization. The
Commission may not contract for the purchase of real estate without the prior authorization of the
member municipalities. Any purchases or contracts made shall conform to the requirements
applicable to Minnesota statutory cities.
Section 3. The commission shall assume all authority and undertake all tasks necessary to
coordinate, administer, and enforce the Franchise of each Member except for that authority and
those tasks specifically retained by a Member.
Section 4. The Commission shall continually review the operation and performance of the
cable communications system of the Members and prepare and submit annual reports to the
Members.
Section 5. The Commission shall undertake all procedures necessary to maintain uniform
rates and to handle applications for changes in rates for the services provided by the Grantee.
Section 64. The Commission may provide for the prosecution, defense, or other
participation in actions or proceedings at law in which it may have an interest, and may employ
counsel for that purpose. It may employ such other persons as it deems necessary to accomplish
its powers and duties. Such employees may be on a full time, part-time or consulting basis, as the
5 2015 Final – Redline Version
Commission determines, and the Commission may make any required employer contributions
which local governmental units are authorized or required to make by law.
Section 75. The Commission may conduct such research and investigation and take such
action as it deems necessary including participation and appearance in proceedings of State and
Federal regulatory, legislative or administrative bodies, or on any matter related to or affecting
cable communication rates franchises., or levels of service.
Section 86. The Commission may obtain from Grantee and from any other source such
information relating to rates, costs and service levels the cable communications franchises as any
member is entitled to obtain from Grantee or others.
Section 97. The Commission may accept gifts, apply for and use grants, enter into
agreements required in connection therewith and hold, use and dispose of money or property
received as a gift or grant in accordance with the terms thereof.
Section 108. The Commission shall make an annual, independent audit of the books of the
Commission to be made and shall make an annual financial accounting and report in writing to
the Members. Its books and records shall be available for examination by the Members at all
reasonable times.
Section 119. The commission may delegate authority to its executive committee. Such
delegation of authority shall be by resolution motion of the Commission and may be conditioned
in such a manner as the commission may determine.
Section 1210. The Commission shall adopt By-Laws which may be amended from time to
time.
Section 1311. The Commission shall assume all responsibility for community cable be
responsible for the PEG access channels and cable television programming within or for the
geographic area of the Member cities of the Commission as more specifically delegated to the
Commission from each Member pursuant to the terms and conditions of A Resolution Transfer-
ring Community Television programming Responsibilities from Group W Cable of the North
Suburbs/Inc., d/b/a Cable T. V. North Central. Should any Member withdraw from the
commission as of the date of any renewal of the Cable Television Franchise Ordinance, or in any
year thereafter, the withdrawing Member shall assume all responsibility for community cable
PEG access cable television channels and television programming within or for the geographic
6 2015 Final – Redline Version
boundaries of the withdrawing municipality, as more specifically delineated in Article XI,
Sections 2 or 3, of this Agreement.
Section 1412. The Commission may designate an entity or entities to perform any
functions the Commission deems necessary relative to the commission's responsibility for
community programming. The Commission may provide funds, support services, and the use of
equipment and property to the designated entity, provided that title to all equipment and property
shall not pass to the designated entity without the prior approval of all directors.
IX. OFFICERS
Section 1. The officers of the Commission shall consist of a chair, a vice-chair, and a
secretary and a treasurer secretary/treasurer. Officers of the commission shall be elected annually
for one-year terms. Officers shall be limited to two consecutive one-year terms in a given office.
Section 2. A vacancy in the office of chair, vice-chair, or secretary/treasurer secretary or
treasurer shall occur for any of the reasons for which a vacancy in the office of a director shall
occur. Vacancies in these offices shall be filled by the commission for the unexpired portion of
the term.
Section 3. The four three officers shall all be members of the executive committee.
Section 4. The chair shall preside at all meetings of the Commission and the executive
committee. The vice-chair shall act as chair in the absence of the chair.
Section 5. The secretary/treasurer shall be responsible for keeping a record of all of the
proceedings of the commission and executive committee. and
Section 6. The treasurer shall be responsible for custody of all funds, for the keeping of all
financial records of the Commission and for such other matters as shall be delegated by the
commission. The Commission may require that the secretary/treasurer post a fidelity bond or
other insurance against loss of Commission funds in an amount approved by the Commission, at
the expense of the Commission. Said fidelity bond or other insurance may cover all persons
authorized to handle funds of the Commission.
Section 76. The Commission may appoint such other officers as it deems necessary. All
such officers shall be appointed from the membership of the commission.
X. FINANCIAL MATTERS
7 2015 Final – Redline Version
Section 1. The fiscal year of the Commission shall be the calendar year.
Section 2. Commission funds may be expended by the commission in accordance with the
procedures established by law for the expenditure of funds by Minnesota Statutory Cities.
Orders, checks and drafts must be signed by any two of the officers. Other legal instruments shall
be executed, with authority of the commission, by the chair and secretary/treasurer. Contracts
shall be let and purchases made in accordance with the procedures established by law for
Minnesota Statutory Cities.
Section 3. The financial contributions of the Members in support of the Commission shall
be in direct proportion to the percent of annual franchise fee revenues of each Member to the total
franchise fee revenues of the System for the prior year multiplied by the Commission's total
annual budgetassessment to the Members. The annual budget shall establish the contribution of
each Member for the ensuing year and a timetable for the payment of said contribution. The
remainder of any franchise fee paid to the Member by Grantee shall be used for cable-related
expenses.
Section 4. A proposed budget for the ensuing calendar year shall be formulated by the
Commission and submitted to the Members on or before August 1October 15. Such budget shall
be deemed approved by a Member unless, prior to October 15 preceeding the effective date of the
proposed budget, the Member gives notice in writing to the Commission that it is withdrawing
from the Commission. Final action adopting a budget for the ensuing calendar year shall be taken
by the Commission on or before November 1 December 15 of each year.
Section 5. Any Member may inspect and copy the commission books and records at any
and all reasonable times. All books and records shall be kept in accordance with normal and
accepted accounting procedures and principles used by Minnesota Statutory cities.
XI. DURATION
Section 1. The Commission shall continue for an indefinite term unless the number of
Members shall become less than five. The Commission may also be terminated by mutual
agreement of all of the Members at any time.
Section 2. In order to prevent obligation for its financial contribution to the Commission
for the ensuing year, a Member shall withdraw from the Commission by filing a written notice
with the secretary Commission by October 15 July 1 of any year giving notice of withdrawal
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effective at the end of that calendar year; and membership shall continue until the effective date
of the withdrawal. Prior to the effective date of withdrawal, a notice of withdrawal may be
rescinded at any time by October 15 by a Member. If a Member withdraws before dissolution of
the commission, the Member shall have no claim against the assets of the Commission. A
Member withdrawing after October 15 shall be obligated to pay its entire contribution for the
ensuing year as outlined in the budget of the Commission for the ensuing year.
Section 3. Should any Member withdraw from the Commission, as of the date of any
renewal of the Cable Television Franchise Ordinance, or in any year thereafter, the withdrawing
member shall assume the responsibilities for community PEG access cable television channels
and programming within and for the geographic boundaries of the withdrawing municipality as
described in Article VIII, section 1311, herein. For the years following withdrawal pursuant to
this section and so long as the "Resolution Transferring Community Television Programming
Responsibilities” is effective, the withdrawing municipality shall receive from the Commission at
the time of receipt by the Commission of the quarterly programming monies from the cable
company an amount of money equal to the withdrawing municipality’s pro rata share of the
quarterly programming monies. Pro rata shall mean that percentage which the municipality would
have had of the total votes of the Commission, had all ten municipalities remained members of
the Commission. Additionally, the withdrawing municipality shall receive a pro rata share of any
portion of the $650,000 payment made to the Commission which the Commission has not
specifically designated for the repair or replacement of equipment or facilities.
Section 4. In the event of dissolution, the Commission shall determine the measures
necessary to affect the dissolution and shall provide for the taking of such measures as promptly
as circumstances permit, subject to the provisions of this Agreement. Upon dissolution of the
commission, all remaining assets of the Commission, after payment of obligations, shall be
distributed among the then existing Members in proportion to the most recent Member-by-
Member breakdown of the franchise fee as reported by the Grantee. The Commission shall
continue to exist after dissolution for such period, no longer than six months, as is necessary to
wind up its affairs but for no other purpose. After dissolution, all initial Members of the
Commission shall receive their pro rata share of any quarterly annual and lump sum payments
made by the cable company pursuant to "A Resolution Transferring Community Television
Programming Responsibilities."
9 2015 Final – Redline Version
IN WITNESS WHEREOF, the undersigned municipality has caused this Agreement to be
signed on its behalf this ___ day of _____ , 20__
WITNESSED BY:
___________________________________of ______________________________________
__________________________________by: ______________________________________
Its: _____________________________
Filed in the office of the NSCC this _________ day of ______________________, 20___.
Prepared by:
Michael R. Bradley
Bradley Hagen & Gullikson, LLC
1976 Wooddale Drive, Suite 3A
Woodbury, MN 55125
(651) 379-0900
mike@bradleylawmn.com
PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1
CITY OF MOUNDS VIEW 2
RAMSEY COUNTY, MINNESOTA 3
4
Regular Meeting 5
March 9, 2015 6
Mounds View City Hall 7
2401 County Road 10, Mounds View, MN 55112 8
7:01 P.M. 9
10
11
1. MEETING IS CALLED TO ORDER 12
13
2. PLEDGE OF ALLEGIANCE 14
15
3. ROLL CALL: Flaherty, Gunn, Hull, Meehlhause, Mueller 16
17
NOT PRESENT: None. 18
19
4. APPROVAL OF AGENDA 20
A. Monday, March 9, 2015, City Council Agenda. 21
22
MOTION/SECOND: Mueller/Hull. To Approve the Monday, March 9, 2015, agenda as 23
presented. 24
25
Ayes – 5 Nays – 0 Motion carried. 26
27
5. PUBLIC INPUT 28
29
None. 30
31
6. SPECIAL ORDER OF BUSINESS 32
33
None. 34
35
7. COUNCIL BUSINESS 36
A. Resolution 8385, Appointing Theresa Cermak as the 2014 Mounds View 37
Citizen of the Year. 38
39
Assistant City Administrator Crane discussed the nominations received for the Mounds View 40
Citizen of the Year. She explained that after discussion by the City Council in a recent 41
worksession meeting, staff was recommending the Council appoint Theresa Cermak as the 2014 42
Mounds View Citizen of the Year. It was noted the award would be presented to Ms. Cermak at 43
the Town Hall meeting on March 30th. 44
45
Mounds View City Council March 9, 2015
Regular Meeting Page 2
MOTION/SECOND: Mueller/Meehlhause. To Waive the Reading and Adopt Resolution 8385, 1
Appointing Theresa Cermak as the 2014 Mounds View Citizen of the Year. 2
3
Ayes – 5 Nays – 0 Motion carried. 4
5
8. CONSENT AGENDA 6
7
Mayor Flaherty asked to remove Item B. 8
9
A. Set a Public Hearing Date for Monday, March 23, 2015 at 7:00 p.m. for the 10
Second Reading and Adoption of Ordinance 898, Amending City Code 11
Chapter 607 Regarding the Storage of Fish Houses in Front Yard Areas. 12
B. Resolution 8386, Approving Revisions to Section 3.45 of the Mounds View 13
Personnel Manual Pertaining to the Retirement Health Savings Plan (RHSP). 14
C. Resolution 8384, a Resolution Reappointing Tim Hill to the Board of 15
Directors of the Spring Lake Park Fire Department, Inc. 16
17
MOTION/SECOND: Mueller/Hull. To Approve the Consent Agenda as amended, removing 18
Item 8B. 19
20
Ayes – 5 Nays – 0 Motion carried. 21
22
B. Resolution 8386, Approving Revisions to Section 3.45 of the Mounds View 23
Personnel Manual Pertaining to the Retirement Health Savings Plan (RHSP). 24
25
Mayor Flaherty requested further information regarding the changes that were made to the 26
Personnel Manual. Assistant City Administrator Crane reviewed the revisions to the Personnel 27
Manual in further detail with the Council. 28
29
MOTION/SECOND: Flaherty/Meehlhause. To Waive the Reading and Adopt Resolution 8386, 30
Approving Revisions to Section 3.45 of the Mounds View Personnel Manual Pertaining to the 31
Retirement Health Savings Plan (RHSP). 32
33
Ayes – 5 Nays – 0 Motion carried. 34
35
9. JUST AND CORRECT CLAIMS 36
37
Finance Director Beer answered the Council's questions related to claims. 38
39
MOTION/SECOND: Mueller/Meehlhause. To Approve the Just and Correct Claims as 40
presented. 41
42
Ayes – 5 Nays – 0 Motion carried. 43
Mounds View City Council March 9, 2015
Regular Meeting Page 3
1
10. APPROVAL OF MINUTES 2
A. February 9, 2015, City Council Meeting Minutes. 3
4
MOTION/SECOND: Gunn/Hull. To Approve the February 9, 2015, City Council meeting 5
minutes as presented. 6
7
Ayes – 5 Nays – 0 Motion carried. 8
9
B. February 23, 2015, City Council Meeting Minutes. 10
11
Council Member Meehlhause requested a correction on Page 8, Line 5 noting she should be 12
changed to he. In addition, he suggested in Line 6 that City Administrator Ericson be added. 13
14
MOTION/SECOND: Mueller/Meehlhause. To Approve the February 23, 2015, City Council 15
meeting minutes as corrected. 16
17
Ayes – 5 Nays – 0 Motion carried. 18
19
11. REPORTS 20
A. Reports of Mayor and Council. 21
22
Council Member Mueller indicated the Mounds View Business Council would meet on 23
Wednesday, March 11th at the Community Center. 24
25
Council Member Mueller explained the Ramsey League of Local Government would meet again 26
on Thursday, March 26th and would be touring the Roseville Fire Station at 6:00 p.m. 27
28
Council Member Mueller noted the Festival in the Park Committee would be meeting on 29
Tuesday, March 17th at 7:00 p.m. at City Hall. 30
31
Council Member Meehlhause commented the guest speaker at the Mounds View Business 32
Council meeting would be Toby Madden who works with the Federal Reserve. 33
34
Council Member Meehlhause stated he would be attending a meeting sponsored by Ramsey 35
County regarding County Road H at The Mermaid at 9:30 a.m. on Thursday, March 12th. 36
37
Council Member Gunn indicated she would also be attending this meeting. 38
39
Mayor Flaherty explained he would be meeting with Representative McCollum to discuss issues 40
impacting the City of Mounds View. 41
42
Mayor Flaherty discussed a recent Six Cities meeting he attended. 43
44
Mounds View City Council March 9, 2015
Regular Meeting Page 4
Mayor Flaherty requested the Council discuss the relationship between the Police Department 1
and the community at the next worksession meeting. 2
3
Council Member Gunn noted the Council was invited to tour the Bel Rae which would be held 4
on March 23rd at 5:00 p.m. 5
6
B. Reports of Staff. 7
1. Volunteer Program Update 8
9
Assistant City Administrator Crane discussed how staff was working to establish a volunteer 10
program. In addition, she noted that she and Mary Springer have been speaking to neighboring 11
communities that have established volunteer programs. She reviewed the information she has 12
gathered to date with the Council. 13
14
2. Town Hall Meeting Agenda 15
16
Assistant City Administrator Crane reviewed the proposed Town Hall meeting agenda with the 17
Council. 18
19
3. Public Works Director Update (verbal report) 20
21
City Administrator Ericson explained the City received 15 applications for the Public Works 22
Director position. From these, six applicants would be interviewed. He questioned if the 23
Council would support bringing in six applicants for interviews. The Council supported staff 24
moving forward with the interviews. 25
26
City Administrator Ericson indicated Ramsey County Commissioner, Mary Jo McGuire would 27
be attending the March 23rd City Council meeting to provide an update. He noted Ramsey 28
County Commissioner Blake Huffman would be present at the April 6th meeting. 29
30
City Administrator Ericson discussed the Community Development 2014 year in review. He was 31
pleased to report that development was on the rise. 32
33
City Administrator Ericson provided comment on the sound wall. He noted that Senator Scalze 34
presented legislation for a sound wall along Highway 10/35W where he and Mayor Flaherty were 35
able to provide testimony. He discussed how the lack of a sound wall was adversely impacting 36
Mounds View residents as traffic and noise along Highway 10 and 35W has increased. 37
38
C. Reports of City Attorney. 39
40
There was nothing additional to report. 41
42
12. Next Council Work Session: Monday, April 6, 2015, at 7:00 p.m. 43
Next Council Meeting: Monday, March 23, 2015, at 7:00 p.m. 44
Town Hall Meeting: Monday, March 30, 2015, at 6:00 p.m. 45
Mounds View City Council March 9, 2015
Regular Meeting Page 5
1
13. ADJOURNMENT 2
3
The meeting was adjourned at 7:48 p.m. 4
5
Transcribed by: 6
7
Heidi Guenther 8
TimeSaver Off Site Secretarial, Inc. 9
458695v1 SJR MU125-11
Kennedy 470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis MN 55402-1458
(612) 337-9300 telephone
(612) 337-9310 fax
http://www.kennedy-graven.com
Affirmative Action, Equal Opportunity Employer
Graven
C H A R T E R E D
SCOTT J. RIGGS
Attorney at Law
Direct Dial (612) 337-9260
Email: sriggs@kennedy-graven.com
MEMORANDUM
Date: March 19, 2015
To: James Ericson, City Administrator
From: Scott J. Riggs, City Attorney
Re: Mounds View Project Status Report
MU125-11: Administration. General discussions with staff regarding various City matters. Draft
agreement for lawn mowing services and forward to City staff. Review utility
undergrounding issue and discuss with City staff. Matters are presently pending.
MU125-12: Finance Department. Work is being performed on a conduit bond issue for Catholic
Eldercare. Coordinate logistics with City staff regarding same. Draft resolution and
draft and publish a notice of public hearing. Matter is presently pending.
MU210-35: Community Center. Review correspondence regarding liability. Consult with City
staff regarding same. Matter is presently pending.
MU210-111: Personnel Matters. Consult with City staff regarding disability benefits, FMLA,
ADA, health insurance benefits and workers’ compensation issues. Consult with City
regarding health insurance inquiry from a former City employee. Draft letter
regarding matter. Matter is presently pending.
MU210-221: LMCIT/DVS General. Several notices of legal claims have been presented to the
City and have been tendered for defense by the League of Minnesota cities Insurance
Trust. Consult with City staff and City Council. Consult with LMCIT attorneys.
Matters are presently pending.
MU210-238: Energy Savings Program St. Paul Port Authority. Review energy savings program
issues and approvals and consult with City staff regarding same. Revise Opinion
letter and forward to Bank and City. Matter is presently pending.
SJR:jms
&