HomeMy WebLinkAboutAgenda Packets - 2014/10/27
CITY OF MOUNDS VIEW
CITY COUNCIL MEETING AGENDA
MOUNDS VIEW CITY HALL
Monday, October 27, 2014
7:00 p.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. National Hospice Palliative Care Month Proclamation
7. COUNCIL BUSINESS
A. Second Reading of Ordinance 889, Revising Chapter 512 of the Mounds View City
Code Pertaining to Cigarettes and Tobacco – Roll Call Vote
B1. Second Reading and Adoption of Ordinance 891, an Ordinance Updating Chapter 603
of the Mounds View Municipal Code Relating to Recycling and Garbage Collection –
Roll Call Vote
B2. Resolution 8317 Approving the City of Mounds View “Solid Waste Management
Standards”
C. Introduction and First Reading of Ordinance 894, a Cable Television Franchise
Ordinance Amendment
8. CONSENT AGENDA
A. Set a Public Hearing for Monday, November 10, 2014 at 7:00 pm to Consider
Ordinance 894, a Cable Television Franchise Ordinance Amendment
9. JUST AND CORRECT CLAIMS
10. APPROVAL OF MINUTES - None
11. REPORTS
A. Reports of Mayor and Council
B. Reports of Staff
C. Reports of City Attorney
12. Next Council Work Session: Monday, November 3, 2014, at 7pm
Next Council Meeting: Monday, November 10, 2014, at 7pm
13. ADJOURNMENT
CITY OF MOUNDS VIEW
OFFICE OF THE MAYOR
PROCLAMATION
National Hospice Palliative Care Month – November 2014
WHEREAS, hospice and palliative care empower people to live as fully as
possible, surrounded and supported by family and loved ones, despite serious and life-
limiting illness; and
WHEREAS, hospice and palliative care bring patients and family caregivers the
highest quality care delivered by an interdisciplinary team of skilled professionals that
includes physicians, nurses, social workers, therapists, counselors, health aides,
spiritual care providers and others who make the wishes of each patient and family a
priority; and
WHEREAS, through pain management and symptom control, caregiver training
and assistance, and emotional and spiritual support, allowing patients to live fully up
until the final moments, surrounded and supported by the faces of loved ones, friends,
and committed caregivers; and
WHEREAS, Each year, hospice saves Medicare more than $2 billion by
providing solutions for physicians, care to patients and comfort to families anywhere, at
any time; and
WHEREAS, every year more than 1.65 million Americans living with life-limiting
illness, and their families, received care from the nation’s hospice programs in
communities throughout the United States; and
WHEREAS, more than 450,000 trained volunteers contribute 21 million hours of
service to hospice program annually; and
WHEREAS, hospice and palliative care providers encourage all people to learn
more about options of care and to share their wishes with family, loved ones, and their
healthcare professionals; and
NOW, THEREFORE, BE IT RESOLVED that I, Joe Flaherty, Mayor of the City of
Mounds View, Ramsey County, Minnesota, by virtue of the authority vested in me do
hereby proclaim November 2014 as National Hospice Palliative Care Month and
encourage citizens to increase their understanding and awareness of care at the end of
life and to observe this month with appropriate activities and programs.
IN WITNESS WHEREOF, I have hereunto set my hand this
27TH day of October, 2014.
________________________________________________
Joe Flaherty, Mayor
(seal)
Item No: 07A
Meeting Date: October 27, 2014
Type of Business: CB
City Administrator: ______
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Desaree Crane, Assistant City Administrator
Item Title/Subject: Second Reading of Ordinance 889, Revising Chapter 512 of
the Mounds View City Code Pertaining to Cigarette and
Tobacco Products
Background:
On April 14, 2014, the Mounds View City Council approved a Cigarette and Tobacco
License for Sam’s Food Market contingent on the following conditions:
• The licensee must post signs in visible locations that prohibit loitering inside or
near the front entrance of the retail establishment.
• The licensee must fully light the interior of the retail establishment during
business hours such that every part, corner, aisle, room, and section of the retail
establishment is illuminated wholly.
• The sales counter, store entrance, and interior of the retail establishment shall be
visually recorded with a videotape or similar device at a quality level that allows
the visual identification of patrons and employees. The recordings shall be
maintained and made available to the police for five calendar days before being
reused.
• The licensee must post a sign at the front entrance of the retail establishment
that prohibits selling tobacco related products to minors.
• The licensee must fully cooperate with representatives from the City of Mounds
View when present at the retail establishment for City business purposes.
• The licensee must maintain clean and clear front and rear entrances of the retail
establishment.
• The licensee must not make sales of items commonly used by drug users and
drug dealers, including, but not limited to glass pipes, “dug-outs”, one hitters,
grinders, measuring scales, and small bags.
• The licensee may not supply matches to non-purchasing customers.
Item 07A
Monday, October 27, 2014
City Council Meeting
Page 2
• Each day of business, the licensee must inspect the parking lot and entrances of
the retail establishment for litter and properly dispose of such litter.
• The front windows of the retail establishment must be clear, untinted, and
unobstructed, except that the signage required by this subsection must be posted
in the windows.
• The licensee must promptly remove any graffiti on the exterior of the retail
establishment.
Discussion:
Staff received direction from the City Council to add the above conditions to Chapter
512 of the Mounds View City Code. During the first reading at the July 14, 2014, City
Council Meeting, questions and concerns were raised by the City Council in regard to
the following:
a. The licensee must post signs in visible locations that prohibit loitering
inside or near the front entrance of the retail establishment.
Some City Councilmembers question why this was needed in the tobacco
code.
g. The licensee must not make sales of items commonly used by drug users
and drug dealer, including but not limited to glass pipes, “dug-outs”, one
hitters, grinders, measuring scales, and small bags.
Some City Councilmembers were concerned whether “small bags” should
be defined. Does “small bags” mean sandwich bags?
j. The front windows of the retail establishment must be clear, untinted, and
unobstructed, except that the signage required by this subsection must be
posted in the windows.
City Council was concerned on the enforcement aspect of this provision.
k. The licensee must promptly remove any graffiti on the exterior of the retail
establishment.
City Council questioned whether this provision was necessary in the
tobacco code since graffiti is covered in other areas of the City Code.
Item 07A
Monday, October 27, 2014
City Council Meeting
Page 3
In addition, at the direction of the City Attorney, language requiring that an applicant
“must be of good moral character to be considered for approval for an issuance or
renewal of a Cigarette and Tobacco License” was added back in Section 512.05. (A
previous ordinance had removed this clause.) The question was raised on how the City
Council and Staff are to measure someone’s moral character.
At the direction to the City Council, this Ordinance was postponed to the September 2,
2014, Work Session for further discussion. The City Attorney was present at this
meeting to address questions and the concerns of the City Council. The City Council
reviewed the Ordinance made revisions. A first reading of this Ordinance was approved
at the September 22, 2014, City Council Meeting.
In addition, Staff notified all tobacco businesses of the first reading and second reading
of this ordinance. Representatives from Tobacco View will be present to discuss their
concerns on this ordinance.
Recommendation:
Staff and the City Attorney recommend approval of the second reading of Ordinance
889, an ordinance amending Chapter 512 of the Mounds View City Code pertaining to
Cigarette and Tobacco licensing.
Respectfully Submitted,
__________________________
Desaree Crane
Attachments:
1. Ordinance 889
ORDINANCE NO. 889
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE AMENDING CHAPTER 512 OF THE CITY CODE BY ADDING
TOBACCO LICENSE CONDITIONS WITHIN THE CITY OF MOUNDS VIEW
THE CITY OF MOUNDS VIEW ORDAINS:
SECTION 1. The City Council of the City of Mounds View hereby amends its City Code to
add conditions to licenses for the sales of tobacco, tobacco related devices and products, and
electronic delivery devices in the City of Mounds View.
SECTION 2. The City Council of the City of Mounds View hereby amends Section 512.03 of
Chapter 512 of the Mounds View City Code by adding the following new subdivision:
Subd. 15. Each license issued under this article is subject to all of the following conditions:
a. The licensee must post signs in visible locations that prohibit loitering inside or near the front
entrance of the retail establishment.
b. The licensee must fully light the interior of the retail establishment during business hours such
that every part, corner, aisle, room, and section of the retail establishment is illuminated wholly.
c. The sales counter, store entrance, and interior of the retail establishment shall be visually
recorded with a videotape or similar device at a quality level that allows the visual identification
of patrons and employees. The recordings shall be maintained and made available to the police
for thirty calendar days before being reused.
d. The licensee must post a sign at the front entrance that prohibits selling tobacco related
products to minors.
e. The licensee must fully cooperate with representatives from the City of Mounds View when
present at the retail establishment for City business purposes.
f. The licensee must maintain clean and clear front and rear entrances of the retail establishment.
g. The licensee must not make sales of items commonly used by drug users and drug dealers,
including, but not limited to glass pipes, “dug-outs”, one hitters, grinders, measuring scales, and
small bags.
h. The licensee may not supply matches to non-purchasing customers.
i. Each day of business, the licensee must inspect the entrances of the retail establishment for
litter and properly dispose of such litter.
Ordinance 889
Page 2
446217v1 MJM MU125-65
2
j. The licensee must promptly remove any graffiti on the exterior of the retail establishment.
SECTION 3. The City Council of the City of Mounds View hereby amends Section 512.05 of
Chapter 512 of the Mounds View City Code by adding the following underlined addition:
Subd. 1. Grounds for den ying the issuance or renewal of a license under this
chapter include but are not limited to the following:
a. The applicant is under the age of 18 years.
b. The applicant has been convicted within the past five years of an y violation of
a federal, state, or local law, ordinance provision, or other regulation relating to
tobacco, tobacco products, tobacco-related devices, or electronic delivery devices.
c. The applicant has had a license to sell tobacco, tobacco products, tobacco-
related devices, or electronic delivery devices revoked within the preceding 12
months of the date of application.
d. The applicant fails to provide any information required on the application,
or provides false or misleading information.
e. The applicant is prohibited by federal, state, or other local law, ordinance, or
other regulation from holding a license.
f. The applicant is not of good moral character.
SECTION 4. 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 October 27, 2014, the City Council adopted Ordinance 889 by amending Chapter 512
of the Mounds View City Code to add a basis of denial and conditions on licenses for the
sales of tobacco, tobacco related devices and products, and electronic delivery devices in
the City of Mounds View.
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 5. This ordinance shall take effect and be in force 30 days from and after its passage
and publication, in accordance with Section 3.09 of the City Charter.
Ordinance 889
Page 3
446217v1 MJM MU125-65
3
Introduction and First Reading by the Mounds View City Council on September 22, 2014.
Second Reading and Adoption by the Mounds View City Council on October 27, 2014.
Publication Date: November 6, 2014.
Joe Flaherty, Mayor
Attest:
______________________________
James Ericson
City Administrator
(seal)
Item No: 7.C.
Meeting Date: October 27, 2014
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: First Reading and Introduction of Ordinance 894, a
Cable Television Franchise Ordinance Amendment
Background:
A. NSCC Resolution of Legal and Franchising Issues
As the Council knows, the North Suburban Communications Commission (“NSCC”)
manages the City’s cable television franchise on behalf of the City. On October 10,
2014, the NSCC reached an agreement with Comcast on the resolution of multiple
cable franchising issues. The following are some highlights of the agreement:
• Cable Franchises to be extended through December 31, 2016.
• Memorandum of Understanding to be extended through December 31, 2016,
which will provide approximately $3M in funding over the next 2 years.
• Franchises and MOU will both roll-over (i.e. month-to-month) if not renewed by
extension date (December 31, 2016).
• The pending administrative hearing before the Office of Administrative Hearings,
which is part of the formal renewal process will be suspended and all motions
withdrawn.
• The formal renewal process may recommence after July 1, 2015, or the closing
of the transfer whichever occurs first.
• Commitment by the NSCC and Comcast to have at least monthly meetings for
the informal cable franchise renewal process.
• NSCC will receive 1 HD channel with provisions for channel placement and
quality.
• NSCC will have access to the Electronic Programming Guide.
• Refund of approximately $49,000 total to cable subscribers.
• PEG Capacity and Rate Order Violation Notices will be withdrawn.
• I-Net status quo, except Comcast will not be required to extend it to new
locations.
• Consent to the Transfer Application.
This agreement is contingent upon the NSCC member cities (1) approving the
extension of the cable television franchise ordinance through December 31, 2016; and
(2) approving the pending cable franchise transfer application. The NSCC has
recommended that the City approve both the extension and the transfer application.
Cable Television Franchise Ordinance Amendment
The NSCC has prepared a Cable Television Franchise Ordinance Amendment for the
City. It extends the existing Cable Television Franchise Ordinance through December
31, 2016, and it requires Comcast’s acceptance. The NSCC has indicated to staff that
Comcast has no objection to the amendment.
Transfer Application
The NSCC has recommended approval of the cable television franchise transfer
application, which will transfer ownership of the ultimate parent of the cable franchise
from Comcast to a new company that will be called GreatLand Connections. The
attached resolution was negotiated and accepted by both the NSCC and
Comcast/GreatLand. The resolution lists several contingencies, including the actual
closing of the proposed transaction, receipt of necessary federal approvals, executing a
guaranty of performance and executing a guaranty regarding rates. This resolution will
be considered on November 10, 2014 after the public hearing and 2nd reading of
ordinance 894.
Staff Recommendation
Staff recommends approval of both the Cable Television Franchise Ordinance
Amendment and the transfer resolution as presented to the City.
Respectfully Submitted,
Mark Beer
ORDINANCE NO. 894
CABLE TELEVISION FRANCHISE ORDINANCE AMENDMENT
The City of Mounds View (the “City”) ordains as follows:
Section 1. Section 2, Paragraph 4, entitled “Franchise Term” of the City’s Cable
Television Franchise Ordinance (Ord. No. 621), shall be amended as
follows:
4. Franchise Term. Pursuant to North Suburban Communications
Commission Resolution No. 2014-05 (the “Extension Agreement”),
this Franchise shall be in effect through December 31, 2016, unless
sooner renewed, revoked or terminated as herein provided.
Section 2. This Ordinance shall be effective upon the acceptance of Comcast of
Minnesota, Inc.
Read by the City Council of the City of Mounds View this 27th day of October, 2014.
Read and passed by the City Council of the City of Mounds View this 10th day of
November, 2014.
Publication Date: November 21, 2014
_____________________________________
Joe Flaherty, Mayor
ATTEST:
_____________________________________
Jim Ericson, City Clerk-Administrator
(SEAL)
ACCEPTED: This Cable Television Franchise Ordinance Amendment is accepted and
we agree to be bound by its terms and conditions.
COMCAST OF MINNESOTA, INC.
Dated: ____________________________
By: ______________________________
Its: ______________________________
451891v2 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: October 23, 2014
To: James Ericson, City Administrator
From: Scott J. Riggs, City Attorney
Re: Mounds View Project Status Report
CITY:
MU125-11: Administration. General discussions with staff regarding various City matters.
Review tree question and consult with City staff regarding same. Consult with City
staff regarding fire department district and recent City Attorney conference call
regarding same. 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.
MU210-4: Charter Commission. Legal research regarding quorum requirements. Draft
memorandum regarding same and forward to City staff. Consult with City staff.
Forward Attorney General Opinions to Charter Chair. Matter is presently pending.
MU210-35: Mounds View Community Center. Review proposed lease agreement and provide
comments to City staff. Matter is presently pending.
MU210-75: Festival in the Park. Consult with City staff regarding funding authority. Matter is
presently pending.
MU210-76: Harstad/Longview Estates. Consult with City staff regarding subdivision and
development of project. Finalize and forward plat opinion to City staff. Consult with
City staff, applicant and title company regarding title policies. Matter is presently
pending.
&
James Ericson
October 23, 2014
Page 2
451891v2 SJR MU125-11
MU210-107: Telecommunication and Franchise Matters. Review ongoing correspondence
regarding cable television franchise (Comcast). Consult with City staff regarding
same. Matter is presently pending.
MU210-111: Personnel Matters. Consult with City staff regarding FMLA, ADA, health insurance
benefits and workers’ compensation issues. Matter is presently pending.
MU210-206: 8379 Red Oak Drive. Review reports and consult with City staff regarding possible
Code enforcement of conditions at property. Matter is presently pending.
MU210-220: DVS Investigation. Review new documentation and reports and consult with City
staff regarding same. Consult with investigator. 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.
MU210-232: 2014 Investigation. Consult with City staff regarding dog attack incident. Matter is
presently pending.
MU210-233: TCAAP Sanitary Sewer Matter. Consult with City staff regarding same. Attend
meetings with City staff and other interested parties. Matter is presently pending.
MU210-234: BioLife Matter. Consult with City staff regarding project. Draft and finalize plat
opinion and forward to City staff. Matter is presently pending.
EDA:
MU205-45: 2665 Ardan Avenue. Order and review title work. Draft and finalize title objection
letter and purchase agreement. Draft closing documents. Consult with City staff and
seller regarding project. Matter is presently pending.
SJR:jms