HomeMy WebLinkAboutAgenda Packets - 2014/11/10CITY OF MOUNDS VIEW
CITY COUNCIL MEETING AGENDA
MOUNDS VIEW CITY HALL
Monday, November 10, 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. Resolution 8324, a Resolution of Appreciation for Mike and Julie Osegaro
B. Resolution 8320, a Resolution Canvassing Election Results of the 2014
General Election
C. Presentation – Ramsey County Sheriff Matt Bostrom
7. COUNCIL BUSINESS
A. 7:00 pm Public Hearing, Second Reading and Adoption of Ordinance 894 a
Cable Television Franchise Ordinance Amendment Roll Call Vote
B. Resolution 8319, Conditionally Granting the Consent to the Transfer of Control
of the Cable Television Franchise and Cable Television System from Comcast
Corporation to Greatland Connections, Inc.
C. Resolution 8322 Authorizing the Issuance, Sale, and Delivery of a Revenue
Obligation for the Benefit of Catholic Eldercare; Authorizing the Execution and
Delivery of the Revenue Obligation and Related Documents; and Taking Other
Actions Related Thereto
8. CONSENT AGENDA
A. Resolution 8321, Approving Severance for Linda Meyer, Mounds View Police
Support Specialist
B. Resolution 8318, Electing to Retain the Statutory Tort Limit on Liability for the
2015 Insurance Policies
C. Resolution 8323, Providing Support for a Functional Classification Change to
Highway Avenue
9. JUST AND CORRECT CLAIMS
November 10, 2014
City Council Agenda
Page 2
10. APPROVAL OF MINUTES
A. August 25, 2014, City Council Minutes
B. September 8, 2014, City Council Minutes
C. September 22, 2014, City Council Minutes
11. REPORTS
A. Reports of Mayor and Council
B. Reports of Staff
1. Police Department Quarterly Report
C. Reports of City Attorney
12. Truth in Taxation Meeting: Monday, December 1, 2014, at 6pm
Next Council Work Session: Monday, December 1, 2014, at 7pm
Next Council Meeting: Monday, November 24, 2014, at 7pm
13. ADJOURNMENT
Item 06A
Special Order of Business
November 10, 2014
City Administrator Review: _________
RESOLUTION NO. 8324
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION OF APPRECIATION TO
MICHAEL AND JULIE OSEGARO
FOR THEIR SERVICE ON THE
FESTIVAL IN THE PARK OF MOUNDS VIEW COMMITTEE
WHEREAS, Michael and Julie Osegaro were appointed volunteered as
fundraising chairs for the Festival in the Park of Mounds View Committee since 2013;
and
WHEREAS, Michael and Julie Osegaro have served on the Festival in the Park
of Mounds View Committee with dedication and a high level of enthusiasm; and
WHEREAS, Michael and Julie Osegaro have gained the respect and gratitude of
their fellow Festival in the Park of Mounds View Committee members for their
fundraising efforts.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Mounds View, on behalf of the residents of the City of Mounds View, expresses its
appreciation to Michael and Julie Osegaro for their dedication and devoted service on
the Festival in the Park of Mounds View Committee.
Adopted this 10th day of November, 2014.
Mayor Flaherty
Councilmember Gunn Councilmember Hull
Councilmember Meehlhause Councilmember Mueller
ATTEST:
City Administrator Ericson
(seal)
Item No. 06B
Meeting Date: November 10, 2014
Type of Business: Special
Administrator Review: ______
RESOLUTION 8320
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION CANVASSING ELECTION RESULTS OF THE
2014 GENERAL ELECTION
WHEREAS, a general election was held November 4, 2014; and
WHEREAS, the results of this election are as follows:
MAYOR (2-year term)
Joe Flaherty 3307
Write-In Votes 85
COUNCIL MEMBER (4-year term)
Carol A. Mueller 2863
Al Hull 2491
Write-in Votes 93
NOW, THEREFORE, BE IT RESOLVED that Joe Flaherty is being certified
as being elected to a two-year term as Mayor of the City of Mounds View; and that
Carol A. Mueller and Al Hull are being certified as being elected to four-year terms
as City Council Members of the City of Mounds View.
Adopted this 10th day of November, 2014.
_______________________________
Joe Flaherty, Mayor
ATTEST:
_______________________________
James Ericson, City Administrator
(seal)
RESULTS OF THE 2014 GENERAL ELECTION
MOUNDS VIEW CITY OFFICES
MOUNDS VIEW-MAYOR
Total
Number of Precincts 4 Precincts Reporting 4 100.0 %
Total Votes 3392 JOE FLAHERTY 3307 97.49%
Write-in Votes 85 2.51%
MOUNDS VIEW-COUNCIL
Total
Number of Precincts 4 Precincts Reporting 4 100.0 %
Total Votes 5447 CAROL A. MUELLER 2863 52.56%
AL HULL 2491 45.73%
Write-in Votes 93 1.71%
Item No: 7.A.
Meeting Date: November 10, 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: Public Hearing, Second Reading, and Adoption of
Ordinance 894, a Cable Television Franchise Ordinance
Amendment (Roll Call Vote)
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
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
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 30 days after adoption and publication and
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 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: ______________________________
Item No: 7.B.
Meeting Date: November 10, 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: Resolution 8319 Conditionally Granting the Consent to
the Transfer of Control of the Cable Television
Franchise and Cable Television System from Comcast
Corporation to Greatland Connections, Inc.
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 and
adoption of ordinance 894.
Staff Recommendation
Staff recommends approval of the transfer resolution as presented to the City.
Respectfully Submitted,
Mark Beer
2
RESOLUTION NO. 8319
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
A RESOLUTION CONDITIONALLY GRANTING THE CONSENT
TO THE TRANSFER OF CONTROL OF THE CABLE TELEVISION FRANCHISE
AND CABLE TELEVISION SYSTEM FROM
COMCAST CORPORATION TO GREATLAND CONNECTIONS, INC.
WHEREAS, the North Suburban Communications Commission (hereinafter the
“Commission”) is a Joint Powers Commission organized pursuant to Minn. Stat. § 471.59, as
amended, and includes the municipalities of Arden Hills, Falcon Heights, Lauderdale, Little
Canada, Mounds View, New Brighton, North Oaks, Roseville, St. Anthony, and Shoreview,
Minnesota (hereinafter, the “Member Cities”); and
WHEREAS, Comcast of Minnesota, Inc., (“Franchisee”) holds individual franchises
(collectively the “Franchise”) to operate a cable television system (the “System”) in the Member
Cities pursuant to separate franchise ordinances (collectively the “Franchise Ordinances”); and
WHEREAS, Section 10.5(a) of the Franchise Ordinance requires the Commission’s prior
consent to a fundamental corporate change, including a merger or a change in Franchisee’s
parent corporation; and
WHEREAS, the Commission’s Joint Powers Agreement includes the power to
administer and enforce the Franchise on behalf of the Member Cities; and
WHEREAS, after a series of transfers, Comcast of Minnesota, Inc., was approved by the
Commission as the Franchise holder, pursuant to prior transfer resolutions (the “Prior Transfer
Resolutions”). The Prior Transfer Resolutions, the Franchise, the Franchise Ordinance, and the
Franchise Extension Agreement together with any applicable resolutions, codes, ordinances,
acceptances, acknowledgments, guarantees, amendments, memoranda of understanding, social
contracts and agreements, are collectively referred to as the “Franchise Documents;” and
WHEREAS, Comcast of Minnesota, Inc., is an indirect, wholly-owned subsidiary of
Comcast Corporation (“Comcast”); and
WHEREAS, Comcast, as the ultimate parent corporation of Franchisee, has agreed to
divest and transfer the Franchise and Cable System to Midwest Cable, Inc., in a process
described in the Transfer Application (the “Proposed Transaction”); and
WHEREAS, immediately following the closing of the Proposed Transaction, Midwest
Cable, Inc., will be renamed GreatLand Connections, Inc., and, for the purposes of this
Resolution, the transfer applicant will be referred to as “GreatLand” throughout; and
3
WHEREAS, Comcast filed a Federal Communications Commission Form 394 with the
Commission on June 18, 2014, together with certain attached materials, which documents more
fully describe the Proposed Transaction and which documents, with their attachments, contain
certain promises, conditions, representations and warranties (the “Transfer Application”); and
WHEREAS, under the Proposed Transaction, the Franchise and Cable System will stay
with Franchisee, and its ultimate parent company will be GreatLand; and
WHEREAS, under the Proposed Transaction, the ultimate ownership and control of the
Franchisee and the System will change, and it requires the prior written approval of the City; and
WHEREAS, Comcast, through its subsidiaries, provided written responses to some of
the data requests issued by the Commission, including directing the representatives of the
Commission to publicly filed and available information, and information posted to Comcast
Corporation and other websites (the “Data Request Responses”); and
WHEREAS, the Commission reviewed the Transfer Application and considered all
applicable and relevant factors and has recommended conditional approval by all of the Member
Cities; and
WHEREAS, in reliance upon the representations made by and on behalf of Comcast of
Minnesota, Inc., Comcast, and GreatLand, to the Commission, the City is willing to grant
consent to the Proposed Transaction, so long as those representations are complete and accurate;
and
WHEREAS, the City’s approval of the Proposed Transaction is therefore appropriate if
the Franchisee will continue to be responsible for all acts and omissions, known and unknown,
under the Franchise Documents and applicable law for all purposes, including (but not limited
to) franchise renewal.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF MOUNDS VIEW AS
FOLLOWS:
Section 1. The City’s consent to and approval of the Transfer Application is hereby
GRANTED in accordance with the Franchise Ordinances, subject to the following conditions:
1.1 Neither the Franchise, nor any control thereof, nor the System, nor any part of the System
located in the City’s public rights-of-way or on City’s property, shall be assigned or
transferred, in whole or in part, without filing a written application with the City and/or
the Commission and obtaining the City’s prior written approval of such transfer or
assignment, but only to the extent required by applicable law.
1.2 The City’s approval of the Transfer Application is made without prejudice to, or waiver
of, its and/or the Commission’s right to fully investigate and consider during any future
franchise renewal process: (i) Franchisee’s financial, technical, and legal qualifications;
(ii) Franchisee’s compliance with the Franchise Documents, except as set forth in the
4
Franchise Extension Agreement; and (iii) any other lawful, relevant considerations.
1.3 The City’s approval of the Transfer Application is made without prejudice to, or waiver
of, any right of the Commission or the Member Cities to consider or raise claims based
on Franchisee’s defaults, any failure to provide reasonable service in light of the
community’s needs, or any failure to comply with the terms and conditions of the
Franchise Documents, or with applicable law, except as set forth in the Franchise
Extension Agreement.
1.4 The Commission and the Member Cities waive none of their rights with respect to the
Franchisee’s compliance with the terms, conditions, requirements and obligations set
forth in the Franchise Documents and in applicable law. The City’s approval of the
Transfer Application shall in no way be deemed a representation by the Commission or
the Member Cities that the Franchisee is in compliance with all of its obligations under
the Franchise Documents and applicable law.
1.5 After the Proposed Transaction, GreatLand and Franchisee will be bound by all the
commitments, duties, and obligations, present and continuing, embodied in the Franchise
Documents and applicable law. The Proposed Transaction will have no effect on these
obligations.
1.6 GreatLand shall provide an executed written certification in the form attached hereto
within thirty (30) days after consummation of the Proposed Transaction, guarantying the
full performance of the Franchisee. GreatLand shall provide the Commission with
written notification that the Proposed Transaction closed within ten (10) days after the
closing;
1.7 GreatLand will comply with any and all conditions or requirements applicable to
GreatLand set forth in all approvals granted by federal agencies with respect to the
Proposed Transaction and Transfer Application (including any conditions with respect to
programming agreements), such conditions or requirements to be exclusively enforced at
the federal level;
1.8 GreatLand shall provide a written guarantee in the form attached hereto within thirty (30)
days of the effective date of this Resolution specifying that subscriber rates and charges
in the Commission area will not increase as a result of the costs of the Proposed
Transaction;
1.9 After the Proposed Transaction is consummated, GreatLand and Franchisee will continue
to be responsible for all past acts and omissions, known and unknown, under the
Franchise Documents and applicable law for all purposes, including (but not limited to)
Franchise renewal to the same extent and in the same manner as before the Proposed
Transaction, subject to the terms of the Franchise Extension Agreement.
5
1.10 Nothing in this Resolution amends or alters the Franchise Documents or any
requirements therein in any way, and all provisions of the Franchise Documents remain
in full force and effect and are enforceable in accordance with their terms and with
applicable law.
1.11 The Proposed Transaction shall not permit GreatLand and Franchisee to take any position
or exercise any right with respect to the Franchise Documents and the relationship
thereby established with the Member Cities and the Commission that could not have been
exercised prior to the Proposed Transaction.
1.12 GreatLand assures that it will cause to be made available adequate financial resources to
allow Franchisee to meet its current obligations under the Franchise Documents and
enable Franchisee to maintain through 2015 the current operational and customer service
levels taken as a whole.
1.13 The Commission is not waiving any rights it may have to require franchise fee payments
on present and future services delivered by GreatLand or its subsidiaries and affiliates via
the cable system;
1.14 The Commission is not waiving any right it may have related to any net neutrality, open
access, and information services issues;
1.15 Receipt of any and all state and federal approvals and authorizations;
1.16 Actual closing of the Proposed Transaction consistent with the transfer application; and
Section 2. If any of the conditions or requirements specified in this Resolution are not
satisfied, then the City’s recommended consent to, and approval of, the Transfer Application and
Proposed Transaction is hereby DENIED and void as of the date hereof.
Section 3. Franchisee, GreatLand, or a subsidiary shall reimburse the Commission in
accordance with § 10.5(e) of the Franchise Ordinances in an amount not to exceed $15,000.
GreatLand and its subsidiaries shall not assert its right to claim that the reimbursement made
under this Resolution is a franchise fee for purposes of 47 U.S.C. § 542, nor shall it be offset
against or deducted from franchise fee payments made under the Franchise.
Section 4. If any of the written representations made to the Commission in the Transfer
Application proceeding by (i) Comcast of Minnesota, Inc., (ii) Comcast or (iii) GreatLand, (iv)
any subsidiary or representative of the foregoing prove to be materially incomplete, untrue or
inaccurate in any respect, it shall be deemed a material breach of the Franchise Documents and
applicable law, including, without limitation, revocation or termination of the Franchises.
Section 5. This Resolution shall not be construed to grant or imply the City’s consent to
any other transfer or assignment of the Franchises or any other transaction that may require the
City’s consent under the Franchise Ordinances or applicable law. The Commission and the
Member Cities reserve all their rights with regard to any such transactions.
6
Section 6. This Resolution is a final decision on the Transfer Application within the
meaning of 47 U.S.C. § 537.
Section 7. The transfer of control of the Franchise from Comcast to GreatLand shall not
take effect until the consummation of the Proposed Transaction.
Section 8. This Resolution shall be effectively immediately upon its adoption by the
City.
Adopted this 10th day of November, 2014.
________________________________
Joe Flaherty, Mayor
ATTEST:
________________________________
Jim Ericson, City Administrator
(seal)
Attachment 1
Form of Guaranty of Performance
GUARANTY OF PERFORMANCE
GreatLand Connections, Inc., as the ultimate parent entity of Comcast of Minnesota, Inc.,
the Franchisee, upon closing of the proposed transaction (as defined in the North Suburban
Communications Commission Resolution No. 2014-05) certifies that it has sufficient financial
resources and will at all times make available all necessary financial resources to ensure that the
Franchisee has the capability to operate and maintain the System in accordance with the
Franchise and applicable laws, regulations codes and standards, and to fully comply at all times
with the Franchise, and applicable laws, regulations, codes and standards and guarantees such
performance. GreatLand Connections, Inc., agrees that any failure to adhere to this guaranty
shall be deemed a violation of the Franchise held by the Franchisee.
EXECUTED as of _______________________.
GreatLand Connections, Inc.
By: ________________________
Name: ______________________
Title: _______________________
Address:
Attachment 2
Form of Guaranty Regarding Rates
GUARANTY REGARDING RATES
GreatLand Connections, Inc., upon closing of the proposed transaction (as defined in the
City of Mounds View’s Resolution No. 8319), guarantees that rates and charges for cable service
offered by ______________________, the Franchisee in the City of Mounds View, will not
increase as a result of the cost of the proposed transaction. GreatLand Connections, Inc., agrees
that any failure to adhere to this guaranty shall be deemed a violation of the Franchise held by
the Franchisee.
EXECUTED as of _______________________.
GreatLand Connections, Inc.,
By: ________________________
Name: ______________________
Title: _______________________
Address:
452381v1 JAE MN475-38
Offices in
Minneapolis
Saint Paul
St. Cloud
470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis, MN 55402
(612) 337-9300 telephone
(612) 337-9310 fax
www.kennedy-graven.com
Affirmative Action, Equal Opportunity Employer
JENNY S. BOULTON
Attorney at Law
Direct Dial (612) 337-9202 Email: jboulton@kennedy-graven.com
November 5, 2014
Mark Beer
Finance Director, City of Mounds View
2401 Highway 10
Mounds View, MN 55112
Re: Resolution providing final approval for the issuance of the revenue obligation proposed to be issued
by the City of Mounds View for the benefit of Catholic Eldercare
Dear Mark,
As you know, Catholic Eldercare, a Minnesota nonprofit corporation (the “Borrower”), has requested that the
City of Mounds View (the “City”) issue its revenue obligation in the maximum principal amount of
$4,000,000 (the “Mounds View Note”), pursuant to Minnesota Statutes, Sections 469.152 through 469.1655,
as amended, Minnesota Statutes, Chapter 462C, as amended, and Minnesota Statutes, Section 471.656, as
amended. In addition to requesting that the City issue the Mounds View Note, the Borrower has proposed
that the Minneapolis Community Development Agency (the “MCDA”) issue a revenue obligation in the
maximum principal amount of $5,000,000 (the “MCDA Note”) and that the City of Lauderdale, Minnesota
(the “City of Lauderdale”) issue a revenue obligation in the maximum principal amount of $10,000,000 (the
“Lauderdale Note”). The City Council is being asked to adopt the attached resolution on Monday,
November 10, 2014, providing final approval to the issuance of the Mounds View Note and approving the
execution and delivery of related loan documents, including a cooperative agreement with the City of
Lauderdale and the City of Minneapolis.
If the City agrees to issue the Mounds View Note, the Borrower will use the proceeds of the Mounds View
Note, along with the proceeds of the MCDA Note and the Mounds View Note, to (i) finance the acquisition,
construction, and equipping of a transitional care unit consisting of the addition of 24 skilled nursing beds to
the existing 150-bed skilled nursing facility (the “TCU Facility”) located at 900 2nd Street NE in the City of
Minneapolis; (ii) fund capitalized interest on the Lauderdale Note, the MCDA Note, and the Mounds View
Note (collectively, the “Notes”) during construction of the TCU Facility; (iii) refund the outstanding Variable
Rate Demand Multifamily Housing Revenue Bonds (St. Hedwig’s Assisted Living Project), Series 2002,
issued by the City of Minneapolis on December 23, 2002, in the original aggregate principal amount of
$7,570,000, which financed the assisted living facility located at 2919 Randolph Street NE (commonly
known as RiverVillage East) in the City of Minneapolis; (iv) refund the outstanding Variable Rate Demand
Nursing Home Revenue Refunding Bonds (Catholic Eldercare Project), Series 2002, issued by the City of
Minneapolis on December 23, 2002, in the original aggregate principal amount of $9,580,000, which
refinanced the skilled nursing facility located at 900 2nd Street NE (commonly known as Catholic Eldercare
on Main) in the City of Minneapolis and the assisted living multifamily rental housing facility located at 909
Main Street NE (commonly known as MainStreet Lodge) in the City of Minneapolis; (v) refinance certain
452381v1 JAE MN475-38 2
outstanding taxable indebtedness of the Borrower; (vi) fund required reserves for the Notes, if any; and
(vii) pay the costs of issuing the Notes (collectively, the “Project”). The facilities financed and refinanced
with the proceeds of the Notes will be owned and operated by the Borrower and individual affiliates of the
Borrower.
The Mounds View Note is proposed to be privately placed with Northeast Bank (the “Lender”). If the
Mounds View Note is authorized to be issued by the City Council, it will be issued as a conduit revenue bond
secured solely by the revenues derived from a loan agreement (the “Loan Agreement”) to be executed by the
City and the Borrower and from other security provided by the Borrower. The Mounds View Note will not
constitute a general or moral obligation of the City and will not be secured by or payable from any property
or assets of the City (other than the interests of the City in the Loan Agreement) and will not be secured by
any taxing power of the City. The Mounds View Note will not be subject to any debt limitation imposed on
the City and the issuance of the Mounds View Note will not have any adverse impact on the credit rating of
the City, even in the event that Borrower encounters financial difficulties with respect to the facilities to be
financed and refinanced with the proceeds of the Mounds View Note.
The Mounds View Note is proposed to be issued as a tax-exempt obligation, the interest on which is excluded
from gross income for federal income tax purposes. Banks and other financial institutions generally do not
get the benefit of the tax-exemption of municipal bonds, but Section 265(b)(3) of the Internal Revenue Code
of 1986, as amended (the “Code”), permits each issuer of tax-exempt obligations to designate up to
$10,000,000 of tax-exempt bonds as “qualified tax-exempt obligations” (sometimes referred to as “bank-
qualified bonds”) that are eligible for purchase by banks and other financial institutions. In order to issue
bank-qualified bonds, the issuer must not expect to issue more than $10,000,000 of bonds (other than private
activity bonds that are not qualified 501(c)(3) bonds) in a calendar year. The Borrower has requested that the
City designate the Mounds View Note as a qualified tax-exempt obligation for purposes of Section 265(b)(3)
of the Code. This will leave the City with the ability to issue $6,000,000 for its own purposes in 2014
without impacting the bank-qualified status of the Mounds View Note. Issuing the Mounds View Note in
2014 will have no impact on the City’s ability to issue bank-qualified bonds in future years.
Under the terms of the Loan Agreement, the Borrower will pay all of the City’s fees and expenses and pay
the City its administrative fee required for bond issuance.
I will attend the City Council meeting on November 10, 2014, and can answer any questions that may arise
during the meeting. Please contact me with any questions you may have prior to the City Council meeting.
Sincerely,
Jenny Boulton
449010v2 JAE MN475-38
RESOLUTION NO. 8322
CITY OF MOUNDS VIEW, MINNESOTA
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF A
REVENUE OBLIGATION FOR THE BENEFIT OF CATHOLIC ELDERCARE;
AUTHORIZING THE EXECUTION AND DELIVERY OF THE REVENUE
OBLIGATION AND RELATED DOCUMENTS; AND TAKING OTHER
ACTIONS RELATED THERETO
BE IT RESOLVED by the City Council of the City of Mounds View, Minnesota (the “City”), as
follows:
Section 1. Findings.
1.01. Minnesota Statutes, Chapter 462C, as amended (the “Housing Act”), authorizes the City
to carry out the public purposes described in the Housing Act by providing for the issuance of revenue
bonds to provide funds to finance or refinance multifamily housing developments (including nursing and
assisted living facilities). Minnesota Statutes, Sections 469.152 through 469.1655, as amended (the
“Industrial Development Act”), authorizes the City to issue revenue obligations to finance or refinance, in
whole or in part, the cost of the acquisition, construction, reconstruction, improvement, betterment, or
extension of a “project,” defined in the Industrial Development Act, in part, as any properties, real or
personal, used or useful in connection with a revenue producing enterprise.
1.02. Pursuant to Minnesota Statutes, Section 471.656, as amended, a municipality may issue
obligations to finance the acquisition or improvement of property located outside of the corporate
boundaries of such municipality if the obligations are issued under a joint powers agreement between the
municipality issuing the obligations and the municipality in which the property to be acquired or
improved is located. Pursuant to Minnesota Statutes, Section 471.59, as amended, by the terms of a joint
powers agreement entered into through action of their governing bodies, two or more municipalities may
jointly or cooperatively exercise any power common to the contracting parties or any similar powers,
including those which are the same except for the territorial limits within which they may be exercised
and the joint powers agreement may provide for the exercise of such powers by one or more of the
participating governmental units on behalf of the other participating units.
1.03. Catholic Eldercare, a Minnesota nonprofit corporation, or any of its affiliates (the
“Borrower”), has proposed that the City issue its revenue note, in one or more series (the “Mounds View
Note”), in an aggregate principal amount not to exceed $4,000,000. The Borrower has proposed to apply
the proceeds of the Mounds View Note, along with the proceeds of a revenue note (the “Lauderdale
Note”) proposed to be issued by the City of Lauderdale, Minnesota (the “City of Lauderdale”) in an
aggregate principal amount not to exceed $10,000,000 and a revenue note (the “MCDA Note”) proposed
to be issued by the Minneapolis Community Development Agency (the “MCDA”) in an aggregate
principal amount not to exceed $5,000,000, to (i) finance the acquisition, construction, and equipping of a
transitional care unit consisting of the addition of 24 skilled nursing beds to the existing 150-bed skilled
nursing facility (the “TCU Facility”) located at 900 2nd Street NE in the City of Minneapolis (the “City
of Minneapolis”); (ii) fund capitalized interest on the Mounds View Note, the Lauderdale Note, and the
Minneapolis Note (collectively, the “Notes”) during construction of the TCU Facility; (iii) refund the
449010v2 JAE MN475-38 2
outstanding Variable Rate Demand Multifamily Housing Revenue Bonds (St. Hedwig’s Assisted Living
Project), Series 2002 (the “2002 Assisted Living Bonds”), issued by the City of Minneapolis on
December 23, 2002, in the original aggregate principal amount of $7,570,000; (iv) refund the outstanding
Variable Rate Demand Nursing Home Revenue Refunding Bonds (Catholic Eldercare Project),
Series 2002 (the “2002 Nursing Home Bonds”), issued by the City of Minneapolis on
December 23, 2002, in the original aggregate principal amount of $9,580,000; (v) refinance certain
taxable indebtedness of the Borrower (the “Prior Loans”); (vi) fund required reserves for the Notes, if
any; and (vii) pay the costs of issuing the Notes (collectively, the “Project”).
1.04. The City of Minneapolis loaned the proceeds of the 2002 Assisted Living Bonds to
Catholic Eldercare Community Services Corporation II, a Minnesota nonprofit corporation and an
affiliate of the Borrower to finance the acquisition, construction, and equipping of a 71-unit assisted
living facility located at 2919 Randolph Street NE (commonly known as RiverVillage East) in the City of
Minneapolis (the “Assisted Living Facility”). The 2002 Assisted Living Bonds were issued in accordance
with the Industrial Development Act. The City of Minneapolis loaned the proceeds of the 2002 Nursing
Home Bonds to the Borrower, to (i) refinance the acquisition, construction, and equipping of the 150-bed
skilled nursing facility located at 900 2nd Street NE (commonly known as Catholic Eldercare on Main) in
the City of Minneapolis (the “Skilled Nursing Facility”); and (ii) refinance the acquisition, construction,
and equipping of a 51-unit assisted living multifamily rental housing facility located at 909 Main Street
NE (commonly known as MainStreet Lodge) in the City of Minneapolis (the “Assisted Living Housing
Facility”). The 2002 Nursing Home Bonds were issued in accordance with the Industrial Development
Act and the Housing Act, and the City of Minneapolis adopted programs for the facilities financed in
accordance with the Housing Act.
1.05. The facilities financed and refinanced with the proceeds of the Notes are referred to
herein as the “Facilities” and will be owned and operated by the Borrower and individual affiliates of the
Borrower.
1.06. The City, the City of Lauderdale, and the City of Minneapolis are proposing to enter into
a Cooperative Agreement, to be dated on or after December 1, 2014 (the “Cooperative Agreement”),
pursuant to which the City of Minneapolis will consent to the issuance by the City and the City of
Lauderdale of the Mounds View Note and the Lauderdale Note and the financing of the Project by the
City and the City of Lauderdale.
1.07. The Borrower has represented to the City that it is exempt from federal income taxation
under Section 501(a) of the Internal Revenue Code of 1986, as amended (the “Code”), as a result of the
application of Section 501(c)(3) of the Code.
1.08. On September 8, 2014, the City Council conducted a duly noticed public hearing at
which a reasonable opportunity was provided for interested individuals to express their views, both orally
and in writing, on the approval of the Project and the issuance of the Mounds View Note pursuant to the
requirements of Section 147(f) of the Code and the regulations promulgated thereunder.
1.09. The Mounds View Note is to be issued under the terms of this resolution. Northeast
Bank, a Minnesota banking and insurance corporation (the “Lender”), has agreed to purchase the Mounds
View Note. The proceeds derived from the sale of the Mounds View Note to the Lender (the “Loan”) are
to be loaned by the City to the Borrower pursuant to the terms of a Loan Agreement, to be dated on or
after December 1, 2014 (the “Loan Agreement”), between the City and the Borrower. Proceeds of the
Mounds View Note will be applied by the Borrower to (i) refund a portion of the outstanding principal
amount of the 2002 Assisted Living Bonds and the 2002 Nursing Home Bonds; (ii) refinance a portion of
449010v2 JAE MN475-38 3
the Prior Loans; (iii) fund required reserves for the Mounds View Note, if any; and (iv) pay the costs of
issuing the Mounds View Note.
1.10. The loan repayments required to be made by the Borrower under the terms of the Loan
Agreement and certain other rights will be assigned to the Lender under the terms of a Pledge Agreement,
to be dated on or after December 1, 2014 (the “Pledge Agreement”), between the City and the Lender.
1.11. In consideration of the Loan by the City and to secure the payment of its obligations
under the Loan Agreement and the principal of, premium, if any, and interest on the Mounds View Note
when due, the Borrower and one or more of its affiliates will execute and deliver one or more mortgage
documents granting a mortgage lien on certain property of the Borrower or its affiliates (the “Mortgage”)
and other security documents that are intended to secure timely payment of the Loan. One or more
guarantors are expected to deliver one or more guaranty agreements (the “Guaranty”) to the Lender
pursuant to which the obligations of the Borrower under the Loan Agreement will be guaranteed.
1.12. The principal of, premium, if any, and interest on the Mounds View Note (i) shall be
payable solely from the revenues pledged and otherwise available therefor; (ii) shall not constitute a debt
of the City within the meaning of any constitutional or statutory limitation; (iii) shall not constitute nor
give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers; and
(iv) shall not constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the City
other than the City’s interest in the Loan Agreement.
Section 2. The Mounds View Note.
2.01. For the purposes set forth above, there is hereby authorized the issuance, sale and
delivery of the Mounds View Note in an aggregate principal amount not to exceed $4,000,000. The
Mounds View Note shall bear interest at rates designated by the terms of the Mounds View Note, and
shall be designated, shall be numbered, shall be dated, shall mature, shall be subject to redemption prior
to maturity, shall be in such form, and shall have such other terms, details, and provisions as are
prescribed in the form of the Mounds View Note now on file with the City, with the amendments
referenced herein. The City hereby authorizes the Mounds View Note to be issued as a “tax-exempt
bond” the interest on which is not included in gross income for federal and State of Minnesota income tax
purposes.
2.02. All of the provisions of the Mounds View Note, when executed as authorized herein,
shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim
herein and shall be in full force and effect from the date of execution and delivery thereof. The Mounds
View Note shall be substantially in the form now on file with the City, which form is hereby approved,
with such necessary and appropriate variations, omissions, and insertions (including changes to the name
of the Mounds View Note, the aggregate principal amount of the Mounds View Note, the stated maturity
of the Mounds View Note and the maturity date of the Mounds View Note, the interest rate on the
Mounds View Note, and the terms of optional and mandatory redemption of the Mounds View Note) as
the Mayor and the City Administrator, in their discretion, shall determine. The Mayor and the City
Administrator are authorized and directed to prepare the Mounds View Note, and the Mounds View Note
shall be delivered to the Lender. The execution of the Mounds View Note with the manual or facsimile
signatures of the Mayor and the City Administrator and the delivery of the Mounds View Note by the
City shall be conclusive evidence of such determination. The City Council of the City hereby authorizes
and directs the Mayor and the City Administrator to execute and deliver the Mounds View Note.
2.03. The Mounds View Note shall be a special, limited obligation of the City, and the
principal of, premium, if any, and interest on the Mounds View Note shall be payable solely from the
449010v2 JAE MN475-38 4
proceeds of the Mounds View Note, the revenues derived from the Borrower pursuant to the terms of the
Loan Agreement and the security provided by the Borrower in accordance with the terms of the Loan
Agreement, the Mortgage, and any and all other security of any kind or nature provided by the Borrower
(or an affiliate) to the Lender.
2.04. As provided in the Loan Agreement, the Mounds View Note shall not be payable from
nor charged upon any funds other than the revenues pledged to its payment, nor shall the City be subject
to any liability thereon, except as otherwise provided in this paragraph. No holder of the Mounds View
Note shall ever have the right to compel any exercise by the City of its taxing powers to pay any of the
Mounds View Note or the interest or premium thereon, or to enforce payment thereof against any
property of the City except the interests of the City in the Loan Agreement and the revenues and assets
thereunder, which will be assigned to the Lender under the Pledge Agreement. The Mounds View Note
shall not constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the City,
except the interests of the City in the Loan Agreement, and the revenues and assets thereunder, which will
be assigned to the Lender under the Pledge Agreement. The Mounds View Note shall recite that the
Mounds View Note is issued pursuant to the Housing Act and the Industrial Development Act, and that
the Mounds View Note, including interest and premium, if any, thereon, is payable solely from the
revenues and assets pledged to the payment thereof, and the Mounds View Note shall not constitute a debt
of the City within the meaning of any constitutional or statutory limitations.
Section 3. The Cooperative Agreement. The Cooperative Agreement is hereby approved.
The Mayor and the City Administrator are hereby authorized and directed to execute and deliver the
Cooperative Agreement. All of the provisions of the Cooperative Agreement, when executed and
delivered as authorized herein, shall be deemed to be a part of this resolution as fully and to the same
extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution
and delivery thereof. The Cooperative Agreement shall be substantially in the form on file with the City,
with such omissions and insertions as do not materially change the substance thereof, or as the Mayor and
City Administrator, in their discretion, shall determine, and the execution of the Cooperative Agreement
by the Mayor and the City Administrator shall be conclusive evidence of such determination.
Section 4. The Loan Agreement. The Mayor and the City Administrator are hereby
authorized and directed to execute and deliver the Loan Agreement. All of the provisions of the Loan
Agreement, when executed and delivered as authorized herein, shall be deemed to be a part of this
resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and
effect from the date of execution and delivery thereof. The Loan Agreement shall be substantially in the
form on file with the City which is hereby approved, with such omissions and insertions as do not
materially change the substance thereof, or as the Mayor and the City Administrator, in their discretion,
shall determine, and the execution thereof by the Mayor and the City Administrator shall be conclusive
evidence of such determination.
Section 5. Disbursements of Mounds View Note Proceeds. The proceeds of the Mounds
View Note shall be disbursed in accordance with the terms of the Loan Agreement.
Section 6. The Pledge Agreement. The Mayor and the City Administrator are hereby
authorized and directed to execute and deliver the Pledge Agreement. All of the provisions of the Pledge
Agreement, when executed and delivered as authorized herein, shall be deemed to be a part of this
resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and
effect from the date of execution and delivery thereof. The Pledge Agreement shall be substantially in the
form on file with the City which is hereby approved, with such omissions and insertions as do not
materially change the substance thereof, or as the Mayor and the City Administrator, in their discretion,
449010v2 JAE MN475-38 5
shall determine, and the execution thereof by the Mayor and the City Administrator shall be conclusive
evidence of such determination.
Section 7. Other Documents. The Mayor, the City Administrator, and the Finance Director
of the City are hereby authorized to execute and deliver, on behalf of the City, such other documents as
are necessary or appropriate in connection with the issuance, sale, and delivery of the Mounds View Note,
including one or more certificates of the City, an endorsement of the City to the tax certificate of the
Borrower, an Information Return for Tax-Exempt Private Activity Bond Issues, Form 8038, and all other
documents and certificates as shall be necessary and appropriate in connection with the issuance, sale, and
delivery of the Mounds View Note. The City hereby authorizes Kennedy & Graven, Chartered to
prepare, execute, and deliver its approving legal opinion with respect to the Mounds View Note.
Section 8. The City and Its Officers, Employees, and Agents.
8.01. Except as otherwise provided in this resolution, all rights, powers, and privileges
conferred and duties and liabilities imposed upon the City or the City Council by the provisions of this
resolution or of the aforementioned documents shall be exercised or performed by the City or by such
members of the City Council, or such officers, board, body, or agency thereof as may be required or
authorized by law to exercise such powers and to perform such duties.
8.02. No covenant, stipulation, obligation, or agreement herein contained or contained in the
aforementioned documents shall be deemed to be a covenant, stipulation, obligation, or agreement of any
member of the City Council of the City, or any officer, agent, or employee of the City in that person’s
individual capacity, and neither the City Council of the City nor any officer or employee executing the
Mounds View Note shall be liable personally on the Mounds View Note or be subject to any personal
liability or accountability by reason of the issuance thereof.
8.03. No provision, covenant, or agreement contained in the aforementioned documents, the
Mounds View Note, or in any other document relating to the Mounds View Note, and no obligation
therein or herein imposed upon the City or the breach thereof, shall constitute or give rise to any
pecuniary liability of the City or any charge upon its general credit or taxing powers. In making the
agreements, provisions, covenants, and representations set forth in such documents, the City has not
obligated itself to pay or remit any funds or revenues, other than funds and revenues derived from the
Loan Agreement which are to be applied to the payment of the Mounds View Note, as provided therein.
8.04. Except as herein otherwise expressly provided, nothing in this resolution or in the
aforementioned documents expressed or implied, is intended or shall be construed to confer upon any
person or firm or corporation, other than the City or any holder of the Mounds View Note, any right,
remedy, or claim, legal or equitable, under and by reason of this resolution or any provisions hereof, the
aforementioned documents and all of their provisions being intended to be and being for the sole and
exclusive benefit of the City and any holders from time to time of the Mounds View Note.
Section 9. Severability. In case any one or more of the provisions of this resolution, other
than the provisions contained in Section 2.03 hereof, or of the aforementioned documents, or of the
Mounds View Note issued hereunder shall for any reason be held to be illegal or invalid, such illegality or
invalidity shall not affect any other provision of this resolution, or of the aforementioned documents, or of
the Mounds View Note, but this resolution, the aforementioned documents, and the Mounds View Note
shall be construed and endorsed as if such illegal or invalid provisions had not been contained therein.
Section 10. Validity of the Mounds View Note. The Mounds View Note, when executed and
delivered, shall contain a recital that it is issued pursuant to the Housing Act and the Industrial
449010v2 JAE MN475-38 6
Development Act, and such recital shall be conclusive evidence of the validity of the Mounds View Note
and the regularity of the issuance thereof, and that all acts, conditions, and things required by the laws of
the State of Minnesota relating to the adoption of this resolution, to the issuance of the Mounds View
Note, and to the execution of the aforementioned documents to happen, exist, and be performed precedent
to the execution of the aforementioned documents have happened, exist, and have been performed as so
required by law.
Section 11. Authorization for Other Acts. The officers of the City, bond counsel, other
attorneys, engineers, and other agents or employees of the City are hereby authorized to do all acts and
things required of them by or in connection with this resolution, the aforementioned documents, and the
Mounds View Note for the full, punctual, and complete performance of all the terms, covenants, and
agreements contained in the Mounds View Note, the aforementioned documents and this resolution. In
the event that for any reason the Mayor is unable to carry out the execution of any of the documents or
other acts provided herein, any persons delegated the duties of the Mayor shall be authorized to act in the
capacity of the Mayor and undertake such execution or acts on behalf of the City with full force and
effect, which execution or acts shall be valid and binding on the City. If for any reason the City
Administrator is unable to execute and deliver the documents referred to in this resolution, such
documents may be executed by any person delegated the duties of the City Administrator, with the same
force and effect as if such documents were executed and delivered by the City Administrator.
Section 12. Designation as Bank-Qualified Obligation. The City hereby designates the
Mounds View Note as a “qualified tax-exempt obligation” for purposes of Section 265(b)(3) of the Code.
Section 13. Payment of Costs. The Borrower has agreed to pay directly or through the City
any and all costs paid or incurred by the City in connection with the transactions authorized by this
resolution, whether or not the Mounds View Note is issued.
Section 14. Payment of City’s Administrative Fee. The Loan Agreement will require the
Borrower to pay the City’s bond administrative fee in the amount of one percent (1.0%) of the original
aggregate principal amount of the Mounds View Note when the Mounds View Note is issued.
Section 15. Effective Date. This resolution shall be in full force and effect from and after its
passage.
Adopted by the City Council of the City of Mounds View, Minnesota, this 10th day of November, 2014.
Joe Flaherty, Mayor
Attest:
Jim Ericson, City Administrator
Seal:
Item No: 7.C.
Meeting Date: November 10, 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: Resolution 8322 Authorizing the Issuance, Sale, and Delivery of a Revenue
Obligation for the Benefit of Catholic Eldercare; Authorizing the Execution and
Delivery of the Revenue Obligation and Related Documents; and Taking
Other Actions Related Thereto
Introduction:
The City Council is asked to consider a proposal to use conduit debt financing to finance the acquisition,
construction, and equipping of a transitional care unit consisting of the addition of 24 skilled nursing beds
to the existing 150-bed skilled nursing facility located at 900 2nd Street NE in the City of Minneapolis.
The City is part of the service area for this facility thus we are able to use our lending authority. The
preliminary revenue note amount is $4,000,000 and the City will receive a 1% issuance fee ($40,000) for
the use of the City’s lending authority. Catholic Eldercare the borrower has proposed to apply the
proceeds of the City Note, along with the proceeds of a revenue note proposed to be issued by the City of
Lauderdale, Minnesota in an aggregate principal amount not to exceed $10,000,000 and a revenue note
proposed to be issued by the City of Minneapolis in an aggregate principal amount not to exceed
$5,000,000 for this project. The note will not constitute a general or moral obligation of the City and will
not be secured by or payable from any property or assets of the City and will not be secured by any taxing
power of the City. The City Council has provided preliminary approval and indicated its’ support for
moving forward with use of conduit debt financing for this project.
Discussion:
This is final approval to issue a revenue note to provide conduit funding for an eldercare project that
benefits the Mounds View service area. The first steps have been completed by the City Council by
granting preliminary approval and holding a public hearing. The City will need to receive approval from
the Minnesota Department of Employment and Economic Development (DEED).
If the City Council is not comfortable with the project you are not obligated to issue the note but once you
approve this resolution we would be committed to move forward. The City is represented by Jenny
Boulton as bond council from Kennedy & Graven.
Recommendation:
Staff recommends that Council ask questions and if comfortable approve Resolution 8322.
Respectfully submitted,
________________________
Mark Beer
Finance Director
Item No: 08A
Meeting Date: November 10, 2014
Type of Business: CA
Administrator Review : ____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Desaree Crane, Assistant City Administrator
Item Title/Subject: Resolution 8321, Approving Severance for Linda Meyer,
Mounds View Police Support Specialist
Background
Linda Meyer retired and her last day of employment was October 31, 2014. Ms. Meyer has
been working for the City since September 20, 1982. Attached is Resolution 8321, which
authorizes severance to Ms. Meyer in accordance with Sections 3.45 and 3.47 of the
Mounds View Personnel Manual. The Police Support Specialist position is a non-exempt
non-union position.
Discussion
In accordance with Section 3.45, of the Mounds View Personnel Manual:
Upon separation from the City, employees who have completed two or more
years of service and leave in good standing shall contribute 100% of their
eligible sick leave to their Retirement Health Savings Plan (RHSP). Except
as noted below, eligible sick leave is limited to 50% of an employee’s sick
balance, which is capped as follows:
Base cap = 960 hours. The base cap shall be increased by 20
hours per year for each year employed beyond ten years. For
example, a 15-year employee’s cap would be 1060 and a
twenty-year employee’s cap would be 1160 hours.
Employees who had completed ten years of service by January 1, 2008,
qualify for enhanced sick leave payout. Upon separation, qualifying
employees shall contribute 100% of their eligible sick leave to their RHSP.
The enhanced sick leave payout is equal to 65% of an employee’s sick leave
balance. (the enhanced conversion rate applies ONLY to sick hours
contributed at separation, subject to the maximum cap addressed above).
Employees who have a sick leave balance of 600 or more hours shall
contribute their excess balance to the RHSP at a 2 to 1 ratio with a maximum
annual contribution of 160 hours (80 hours converted) or that amount which
brings the employee’s sick leave balance down to 600 hours – whichever is
less. The City shall calculate and process the annual contribution to the
RHSP on the first payroll period of November of each year.
Item 08A
November 10, 2014, City Council Meeting
Page 2
Since Ms. Meyer has been with the City since September 20, 1982, she qualifies for the
increase base cap to 1,400 hours. This is calculated as 20 hours times 22 years (base cap
plus 20 hours per year for each year employed beyond ten years). Ms. Meyer also qualifies
for the enhanced sick leave payout, and has been contributing to her RHSP since 2008.
Resolution 8321 provides a payout of Ms. Meyer’s accrued/unused sick time. From 2008 to
present, Ms. Meyer has contributed 725.52 sick hours to her RHSP. Currently, Ms. Meyer
has 607.05 sick hours of accrued/unused sick hours. In accordance with Section 3.45 of
Mounds View Personnel Manual, Ms. Meyer is authorized a sick time payout totaling
$10,519.57 to her Retirement Health Savings Plan. This is calculated as 607.05
accrued/unused sick hours times 65% times her hourly rate of $26.66.
Resolution 8321 provides a payout on Ms. Meyer’s vacation time. In accordance with
Section 3.47 of the Mounds View Personnel Manual, Ms. Meyer is authorized a vacation time
payout totaling $10,516.30 to her Retirement Health Savings Plan. This calculated as
394.46 accrued/unused vacation hours times her hourly rate of $26.66.
Resolution 8321 provides a cash payout on Ms. Meyer’s compensatory time. In accordance
with the Personnel Manual, Ms. Meyer is authorized a compensatory time payout of $239.94.
This is calculated as 9 hours of compensatory time times her hourly rate of $26.66.
Recommendation
Staff recommends approving Resolution 8321 in accordance with Sections 3.45 and 3.47 of
the Mounds View Personnel Manual.
Respectfully submitted,
_______________________
Desaree Crane
RESOLUTION NO. 8321
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPROVING SEVERANCE PAYMENT TO
LINDA MEYER, MOUNDS VIEW POLICE SUPPORT SPECIALIST
WHEREAS, Linda Meyer submitted her resignation for retirement and her last day of
employment was October 31, 2014; and
WHEREAS, the balance of accrued and unused sick leave time is 607.05 hours; and
WHEREAS, the balance of accrued and unused vacation is 394.46 hours; and
WHEREAS, Linda Meyers’s current rate of pay is $26.66 per hour; and
WHEREAS, in accordance with Section 3.45 of the Mounds View Personnel Manual, Linda
Meyer is qualified to contribute 1,400 sick hours to her Retirement Health Savings Plan (RHSP); and
WHEREAS, from 2008 to present, has contributed 725.52 sick hours to her RHSP; and
WHEREAS, due to the base cap on sick hours contributed to the RHSP, Ms. Meyer is
allowed to contribute a maximum of 607.05 sick hours into her plan; and
WHEREAS, in accordance with Section 3.45 of the Mounds View Personnel Manual, the
maximum potential payout of accrued/unused sick time will be 607.05 hours x 65% x her hourly rate
of $26.66 = $10,519.57 into Linda Meyer’s RHSP; and
WHEREAS, in accordance with Sections 3.45 and 3.47 of the Mounds View Personnel
Manual, the maximum potential payout of accrued/unused vacation time will be 394.46 hours x her
hourly rate of $26.66= $10,516.30 to her RHSP; and
WHEREAS, in accordance with Section 3.47 of the Personnel Manual, the maximum
potential cash payout of unused compensatory time will be 9 hours x her hourly rate of $26.66 =
$239.94.
NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council approves a
one-time payout of sick time not to exceed $10,519.57 into Linda Meyers’s RHSP in accordance
with Section 3.45 of the Mounds View Personnel Manual.
NOW, BE IT FURTHER RESOLVED that the Mounds View City Council approves a one-
time payout of vacation time not to exceed $10,516.30 to her RHSP in accordance with Section
3.45 and 3.47 of the Mounds View Personnel Manual.
NOW BE IT EVEN FURTHER RESOLVED that a one-time cash payout of compensatory
time not to exceed $239.94 to Linda Meyer in accordance with Section 3.47 of the Mounds View
Personnel Manual.
Resolution 8321
Page 2
Adopted this 10th day of November, 2014.
________________________________
Joe Flaherty, Mayor
ATTEST:
________________________________
James Ericson, City Administrator
(seal)
Item No. 8.B.
Meeting Date: November 10, 2014
Type of Business: Consent Agenda
Administrator Review: _____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Mark Beer, Finance Director
Item Title/Subject: Resolution 8318 Electing to Retain the Statutory
Tort Limit on Liability for the 2015 Insurance
Policies
Minnesota Statutes 466.04 provides a limit on municipal tort liability claims. Cities
have the option of waving this limit if they purchase insurance policies with larger
maximum coverage. There is no reason why the City of Mounds View should
waive the statutory limit on tort liability.
Cities obtaining liability coverage from the League of Minnesota Cities Insurance
Trust must decide whether or not to waive the statutory tort limit. The decision
must be made by the City Council before the effective date of the coverage. The
attached resolution declares that the City of Mounds View does not waive the
statutory limit on tort liability.
Respectfully Submitted,
Mark Beer, Finance Director
RESOLUTION NO. 8318
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
ELECTING TO RETAIN THE STATUTORY TORT LIMIT ON LIABILITY FOR
THE 2015 INSURANCE POLICIES
WHEREAS, the City of Mounds View is currently making application for insurance
policies to cover the period of January 1, 2015 through December 31, 2015; and
WHEREAS, Minnesota Statute 466.04 requires that the City Council elect to not
waive the monetary limits on municipal tort liability prior to the effective date of the
coverage; and
WHEREAS, Waiving the statutory tort limit on liability claims is not in the best
interest of the City of Mounds View.
NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Mounds
View, that the statutory tort limit on municipal tort liability is not waived.
Adopted this 10th day of November 2014.
Joe Flaherty, Mayor
ATTEST:
Jim Ericson, City Administrator
(SEAL)
Item No: 8C
Meeting Date: November 10, 2014
Type of Business: Consent Agenda
Administrator Review: ____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Nick DeBar, Director of Public Works/City Engineer
Item Title/Subject: Resolution 8323, Supporting a Jurisdictional Transfer of Highway
Avenue to Ramsey County and Functional Classification Change
Background/Discussion:
Highway Avenue is an extension of County Road H between County Road 10 (CSAH 10) and I-35W
that is under the jurisdiction of the Minnesota Department of Transportation (Mn/DOT). Highway
Avenue currently ends on the east side of the I-35W bridge and has traditionally been used for
access onto and off I-35W. Mn/DOT also has jurisdiction of the southeast leg of the CSAH
10/County Road H intersection while Ramsey County has jurisdiction of the west leg of County Road
H and northwest leg of County Road 10 from the intersection.
There is major construction work currently being planned for 2016 that includes replacement of the I-
35W bridge at this location including reconstruction Highway Avenue and CSAH 10/County Road H
intersection. Ramsey County and Arden Hills will also be constructing a spline road serving the Rice
Creek Commons Development (formerly TCAAP) that will connect to the east side of the Highway
Avenue (County Road H) bridge over I-35W. Upon completion of the improvements, Highway
Avenue will be a link between County Road H and the spline road serving Rice Creek Commons.
Ramsey County Public Works has made a formal request to Mn/DOT for a jurisdictional transfer of
Highway Avenue from the state highway system to the county highway system to accommodate the
future use of the roadway. Ramsey County plans to rename Highway Avenue to County Road H
and has made request to change the functional classification designation of Highway Avenue from
“B Minor Arterial” to “A Minor Arterial - Expander”. This change in designation will allow Ramsey
County to accurately reflect the roadway classification and accrue additional funding for future
maintenance and improvements.
Mn/DOT requires a resolution of support from affected municipalities for jurisdictional transfers and
functional classification changes. Ramsey County has asked Mounds View and Arden Hills to
provide such support.
Recommendation:
As Director of Public Works/City Engineer, I have been involved with many meetings as a member of
the project management team for the various improvements that Ramsey County has been
undertaking and planning along the I-35W corridor, including the I-35W/CSAH 10/County Road H
intersection improvements. I recommend that the City Council approve the attached resolution that
will support Ramsey County’s efforts to obtain jurisdictional control of Highway Avenue and obtain a
functional classification that accurately reflects the future use of Highway Avenue (County Road H).
Adopting the resolution does not approve any planned improvements by the County or increase any
costs that the City may incur from the improvements. Ramsey County representatives will be
presenting planned improvements to the Council at their December work session and will ask the
City Council for municipal consent sometime in early 2015.
Respectfully submitted,
Nick DeBar – Director of Public Works/City Engineer
RESOLUTION 8323
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
SUPPORTING A JURISDICTIONAL TRANSFER OF HIGHWAY AVENUE TO RAMSEY
COUNTY AND FUNCTIONAL CLASSIFICATION CHANGE
WHEREAS, Highway Avenue is a dead-end extension of County Road H under the
jurisdiction of the Minnesota Department of Transportation (Mn/DOT); and
WHEREAS, Ramsey County is planning improvements to the Rice Creek Commons
Development (formerly TCAAP) which includes extension of Highway Avenue to serve as a
spline road for the development; and
WHEREAS, Major construction improvements to the I-35W bridge, CSAH 10/County
Road H intersection, and Highway Avenue are planned to commence in 2016; and
WHEREAS, Ramsey County has applied for a jurisdictional transfer of Highway
Avenue and functional classification change from B Minor Arterial to A Minor Arterial to
better serve the future demand and use of Highway Avenue; and
WHEREAS, Ramsey County has requested support from the cities of Mounds View
and Arden Hills to complete the jurisdictional transfer and functional classification change.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds
View, Ramsey County, Minnesota as follows:
1. Municipal support is hereby given for the jurisdictional transfer of Highway Avenue,
between the Trunk Highway 10/Ramsey County State Aid Highway 10 intersection and
the east ramp of Interstate Highway 35W in the Cities of Mounds View and Arden Hills,
Sections 8 and 9, T30N, R23W, from the Minnesota Department of Transportation to
Ramsey County.
2. Municipal support is hereby given to designate the aforesaid section of Highway Avenue
as an extension of County State Aid Highway 9 (County Road H).
3. Municipal support is hereby given for the functional classification change of aforesaid
section of Highway Avenue from B Minor Arterial to A Minor Arterial - Expander.
Adopted this 10th day of November, 2014.
____________________________________
Joe Flaherty, Mayor
ATTEST:
____________________________________
James Ericson, City Administrator
(SEAL)
PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1
CITY OF MOUNDS VIEW 2
RAMSEY COUNTY, MINNESOTA 3
4
Regular Meeting 5
August 25, 2014 6
Mounds View City Hall 7
2401 Highway 10, Mounds View, MN 55112 8
7:00 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, August 25, 2014, City Council Agenda. 21
22
MOTION/SECOND: Mueller/Meehlhause. To Approve the Monday, August 25, 2014, agenda 23
as presented. 24
25
Ayes – 5 Nays – 0 Motion carried. 26
27
5. PUBLIC INPUT 28
29
Wayne Gardas, 8200 Red Oak Drive, discussed a carport along his property and questioned why 30
this was no longer allowed. He stated he parked his boat on gravel within the carport. He 31
reviewed several photographs with the Council. 32
33
Planning Associate Heller reported that tubular structures, which Mr. Gardas was using for his 34
carport, are not allowed within City Code. 35
36
Council Member Mueller was in favor of reviewing this section of City Code. The Council was 37
in agreement. 38
39
6. SPECIAL ORDER OF BUSINESS 40
A. Presentation of Festival in the Park Car Show Trophy (Class 700) and 41
Mayor’s Choice Award 42
43
Mounds View City Council August 25, 2014
Regular Meeting Page 2
Council Member Mueller thanked all who were able to participate in the Festival in the Park Car 1
Show. She presented Gary Lindburg of Anoka with a Class 700 trophy for his 1970 Mach 1 2
Mustang. 3
4
Mayor Flaherty presented the Mayor’s Choice Award to James Watka, former Mounds View 5
resident, for his 1972 Mach 1 Mustang. 6
7
7. COUNCIL BUSINESS 8
A. Resolution 8285, Approving the Final Plat for Longview Estates. 9
10
Planning Associate Heller reviewed the Final Plat for Longview Estates with the Council and 11
recommended approval. She noted a $12,000 park dedication fee would be paid by Mr. Harstad 12
prior to the Final Plat being recorded with the County. 13
14
Council Member Mueller asked if the applicant had received final approval from the Rice Creek 15
Watershed. Planning Associate Heller stated all approvals have been received from the 16
watershed district. 17
18
MOTION/SECOND: Gunn/Mueller. To Waive the Reading and Adopt Resolution 8285, 19
Approving the Final Plat for Longview Estates. 20
21
Ayes – 5 Nays – 0 Motion carried. 22
23
B. Second Reading of Ordinance 890, Amending Section 701.04, subd. 8a of the 24
Mounds View City Code, Revising Kennel Licensing Requirements. 25
26
City Administrator Ericson reviewed an Ordinance that would revise the kennel licensing 27
requirements in the City of Mounds View. He noted the petition requirement for kennel licenses 28
was being eliminated and a public hearing would be held instead. He explained the Ordinance 29
was introduced at the August 11th Council meeting. Staff recommended the Council waive the 30
Second Reading and adopt Ordinance 890. 31
32
MOTION/SECOND: Mueller/Hull. To Waive the Second Reading and Adopt Ordinance 890, 33
Amending Section 701.04, subd. 8a of the Mounds View City Code, Revising Kennel Licensing 34
Requirements and direct staff to publish the Ordinance summary. 35
36
ROLL CALL: Gunn/Hull/Meehlhause/Mueller/ Flaherty. 37
38
Ayes – 5 Nays – 0 Motion carried. 39
40
C. Resolution 8291, Adopting a Special Assessment Levy for Private 41
Improvements in Area G of the Street and Utility Improvement Program. 42
43
Finance Director Beer stated the City has allowed homeowners to levy for private improvements 44
in conjunction with the Street and Utility Improvement Program. He reported it was beneficial 45
Mounds View City Council August 25, 2014
Regular Meeting Page 3
for the City to have private utility improvements completed along with the street improvements 1
as this would eliminate the need to break the road up in the future. He recommended the Council 2
adopt a special assessment levy for private improvements in Area G. 3
4
MOTION/SECOND: Gunn/Meehlhause. To Waive the Reading and Adopt Resolution 8291, 5
Adopting a Special Assessment Levy for Private Improvements in Area G of the Street and 6
Utility Improvement Program. 7
8
Ayes – 5 Nays – 0 Motion carried. 9
10
D. First Reading and Introduction of Ordinance 892, an Ordinance Continuing 11
a Franchise Fee on Xcel Energy Electric and Natural Gas Operations within 12
the City of Mounds View. 13
14
Finance Director Beer explained the City approved the continuation of a franchise fee with Xcel 15
Energy Electric and Natural Gas on a yearly basis. He reported the franchise fees were collected 16
by Xcel Energy and were then allotted equally into the General Fund and Street Improvement 17
Fund. He recommended the Council introduce Ordinance 892. It was noted the second hearing 18
would be held on September 8th and a public hearing would be held. 19
20
MOTION/SECOND: Mueller/Meehlhause. To Waive the First Reading and Introduce 21
Ordinance 892, an Ordinance Continuing a Franchise Fee on Xcel Energy Electric and Natural 22
Gas Operations within the City of Mounds View. 23
24
Mayor Flaherty did not support fees within the City and he hoped that the Council could find 25
another funding mechanism in the future, other than franchise fees. 26
27
Ayes – 5 Nays – 0 Motion carried. 28
29
E. First Reading and Introduction of Ordinance 893, an Ordinance Continuing 30
a Franchise Fee on Center Point Energy Natural Gas Operations within the 31
City of Mounds View. 32
33
Finance Director Beer explained the City approved the continuation of a franchise fee with 34
Center Point Energy on a yearly basis. It was noted Center Point Energy only services one 35
property in the City of Mounds View. He reported the franchise fees were collected by Center 36
Point Energy and were then allotted equally into the General Fund and Street Improvement Fund. 37
He recommended the Council introduce Ordinance 893. It was noted the second hearing would 38
be held on September 8th and a public hearing would be held. 39
40
MOTION/SECOND: Mueller/Meehlhause. To Waive the First Reading and Adopt Ordinance 41
893, an Ordinance Continuing a Franchise Fee on Center Point Energy Natural Gas Operations 42
within the City of Mounds View. 43
44
Ayes – 5 Nays – 0 Motion carried. 45
Mounds View City Council August 25, 2014
Regular Meeting Page 4
1
F. Resolution 8292, Approving the Purchase for a Records Management System 2
(RMS) from Zuercher Technologies. 3
4
Police Chief Kinney requested the Council consider the purchase of a records management 5
system (RMS) from Zuercher Technologies. He explained the Police Department’s current RMS 6
system was 10 years old and stated the department was being forced to make a change as the 7
current RMS technology would no longer be supported in 2015. He indicated the RMS system 8
would be supported by the City of Roseville. He reported that the new system would provide 9
better data sharing opportunities between local agencies and with the County. 10
11
Police Chief Kinney discussed the various options available from Zuercher for their RMS and 12
citation programs. Another option for the City would be to convert over to the LETG RMS 13
system. However, this was not the system used by the County or neighboring agencies. It was 14
noted the cost of the Zuercher system ($104,000) would be due in 2015. The annual maintenance 15
fees for the system were $20,355 and would not be due until 2016. Staff recommended the 16
Council approve the RMS from Zuercher Technologies. 17
18
Council Member Meehlhause asked the benefits of the new system versus the current system. He 19
also requested further information on staff’s recommendation. Police Chief Kinney commented 20
the LETG citation program has had some issues with incorporating the City of Mounds View’s 21
Ordinances. He recommended that the Council purchase the new Zuercher RMS and do away 22
with the LETG citation program. 23
24
Council Member Meehlhause questioned if the County would be requesting reimbursement for 25
the $26,000 up front costs for hosting the Zuercher system. Police Chief Kinney commented that 26
the County was trying to make this system attractive to the suburbs and was willing to pay these 27
upfront fees to improve the data sharing between agencies. 28
29
Council Member Mueller stated she attended a Ramsey County Dispatch Policy Committee 30
meeting last Thursday and Sheriff Bolstrom discussed the importance of the new program and 31
the ability to share data between agencies. She explained that Sheriff Bolstrom recommended 32
the Council not pursue the LETG option as he has not seen great results from this program. She 33
wanted to be ensured that there was data migration from the previous system to the new system. 34
She supported the extra expense for Option 2 as recommended by Police Chief Kinney. 35
36
Mayor Flaherty reiterated that the end goal was to have all local agencies using the same RMS as 37
this would allow for the best data sharing situation. Police Chief Kinney stated this was the case. 38
39
Mayor Flaherty asked if the County would be charging a maintenance fee to the City for hosting 40
the servers for the RMS program. Police Chief Kinney indicated he would speak with the 41
County and report back to the Council. 42
43
Mayor Flaherty inquired how the Chief planned to fund this expense as it was not budgeted for 44
2015. He understood that the City wanted to provide the best tools possible for its officers, 45
Mounds View City Council August 25, 2014
Regular Meeting Page 5
however this was an additional $75,000 expense that was not budgeted. Police Chief Kinney 1
stated this item would have to be added to the 2015 budget. 2
3
Council Member Mueller provided comment on the White Bear Lake dispatch center along with 4
the information sharing available through the Ramsey County CAD system. 5
6
Mayor Flaherty feared that no other cities would proceed with this system and therefore there 7
would not be a great deal of data sharing taking place. Police Chief Kinney was certain that 8
Ramsey County would move forward with the Zuercher system and noted Maplewood and New 9
Brighton were also considering this system. 10
11
Council Member Meehlhause asked if the price of the system could be negotiated if additional 12
communities were brought on board and supported the system. Police Chief Kinney explained 13
that the expense of the system was based on the population of the community. 14
15
Mayor Flaherty questioned which system the City of St. Paul would be selecting. Police Chief 16
Kinney was uncertain at this time, but knew that the Zuercher system was one being considered. 17
18
Mayor Flaherty inquired if the City would need a joint powers agreement with Ramsey County. 19
City Attorney Riggs did not anticipate this would be necessary as the services would be provided 20
by Zuercher and not Ramsey County. 21
22
MOTION/SECOND: Gunn/Meehlhause. To Waive the Reading and Adopt Resolution 8292, 23
Approving the Purchase for a Records Management System (RMS) from Zuercher Technologies, 24
authorizing an expenditure not to exceed $104,000. 25
26
Ayes – 5 Nays – 0 Motion carried. 27
28
G. Resolution 8294, Approving a Construction Contract with Twin City Roofing 29
for the Hillview Park Shelter Roof Replacement Project. 30
31
Public Works Director DeBar stated that the park shelter at Hillview Park was built in 2004. He 32
reported the original shingles were defective and the shelter was in need of a new roof. Staff 33
recommended the Council approve a contract with the low bidder, Twin City Roofing, noting the 34
project would be completed by October 31st. 35
36
Council Member Mueller asked if any of the expense for the roof replacement would be covered 37
by the City’s insurance. Public Works Director DeBar stated this project was not large enough to 38
be covered by insurance. 39
40
MOTION/SECOND: Hull/Mueller. To Waive the Reading and Adopt Resolution 8294, 41
Approving a Construction Contract with Twin City Roofing for the Hillview Park Shelter Roof 42
Replacement Project. 43
44
Ayes – 5 Nays – 0 Motion carried. 45
Mounds View City Council August 25, 2014
Regular Meeting Page 6
1
H. Resolution 8295, Approval of Replacing (3) Rooftop Units at the Mounds 2
View Community Center. 3
4
Public Works Supervisor Peterson requested approval of the purchase of three rooftop units for 5
the Mounds View Community Center. He indicated the current units were not properly heating 6
or cooling the community center. He stated that Trane was hired to inspect and evaluate each of 7
the units and recommended three units (1, 2 and 8) be replaced. Staff discussed the 8
malfunctioning units in further detail noting each had been red tagged and recommended 9
approval of the replacement of these units for the Mounds View Community Center. He stated 10
the expense of the three units would be $95,894. It was noted there were funds available in the 11
2014 budget to cover this expense. 12
13
Council Member Meehlhause asked how much was budgeted in 2014 for recommissioning the 14
rooftop units. Finance Director Beer stated $75,000 was budgeted. He noted that the Silver 15
View Trail reconstruction would be deferred to 2015 to cover the additional expense of the 16
rooftop units. 17
18
Council Member Meehlhause requested further information on the condition of the other rooftop 19
units. Public Works Supervisor Peterson discussed the condition of rooftop units 3, 4, 5, 6 and 7. 20
21
MOTION/SECOND: Mueller/Gunn. To Waive the Reading and Adopt Resolution 8295, 22
Approval of Replacing (3) Rooftop Units at the Mounds View Community Center. 23
24
Council Member Mueller questioned how quickly the rooftop units could be installed. Public 25
Works Supervisor Peterson wanted to have the units in place before October 15th. 26
27
Ayes – 5 Nays – 0 Motion carried. 28
29
8. CONSENT AGENDA 30
A. Set a Public Hearing for 7:00 p.m., Monday, September 8, 2014, to Consider 31
Ordinance 892 to Continue a Franchise Fee on Xcel Energy Electric and 32
Natural Gas Operations within the City of Mounds View. 33
B. Set a Public Hearing for 7:00 p.m., Monday, September 8, 2014, to Consider 34
Ordinance 893 to Continue a Franchise Fee on Center Point Energy Natural 35
Gas Operations within the City of Mounds View. 36
C. Resolution 8293, Approving Severance for David Radtke of the Mounds 37
View Police Department. 38
39
MOTION/SECOND: Gunn/Mueller. To Approve the Consent Agenda as presented. 40
41
Ayes – 5 Nays – 0 Motion carried. 42
43
9. JUST AND CORRECT CLAIMS 44
45
Mounds View City Council August 25, 2014
Regular Meeting Page 7
Finance Director Beer answered the Council's questions related to claims. 1
2
MOTION/SECOND: Gunn/Meehlhause. To Approve the Just and Correct Claims as presented. 3
4
Ayes – 5 Nays – 0 Motion carried. 5
6
10. APPROVAL OF MINUTES 7
8
None. 9
10
11. REPORTS 11
A. Reports of Mayor and Council. 12
13
Council Member Gunn reported she attended the I-35W Coalition meeting last week and a 14
MnDOT crew was present to discuss a shovel ready project. This project would create a MN-15
Pass lane from Lexington Avenue to County Road C. She reported that public comment would 16
be taken at Open Houses that would be scheduled early next spring. 17
18
Council Member Mueller explained she attended the League of Minnesota Cities Board of 19
Directors meeting last week and approved a budget for 2015. The group also discussed the 20
insurance trust and indicated member cities were to expect a 3% increase for 2015. 21
22
Council Member Mueller provided a recap on Festival in the Park and thanked all of the 23
volunteers involved in pulling off this wonderful event. She then read a list of trophy winners for 24
the 8th Annual Car Show. 25
26
Council Member Mueller discussed the recent Concert in the Park noting T&A Show provided a 27
great show for the community. 28
29
Council Member Meehlhause indicated the Rice Creek Watershed District would be holding a 30
public meeting on Tuesday, August 26th at 9:00 a.m. at the Shoreview City Hall. Discussion will 31
be held regarding the middle Rice Creek restoration project. 32
33
Council Member Meehlhause reported he would be attending a Northeast Youth and Family 34
Services meeting on Thursday morning. 35
36
Mayor Flaherty was pleased to report that the TCAAP property has been renamed Rice Creek 37
Commons. 38
39
Mayor Flaherty indicated he would be attending the Apple Tree Dental Grand Opening on 40
Wednesday, August 27th at 4:30 p.m. 41
42
Mayor Flaherty thanked all who attended and assisted in the planning of Festival in the Park. He 43
stated this was a great event for the entire community and looked forward to next year’s 44
celebration. 45
Mounds View City Council August 25, 2014
Regular Meeting Page 8
1
B. Reports of Staff. 2
1. Police Quarterly Report 3
4
Police Chief Kinney reviewed the Police Department’s second quarter report with the Council. 5
He briefly discussed the arrest statistics and calls for service. He provided comment on a 6
disaster readiness initiative that School Resource Officer Ben Nitter completed with local youth 7
at Edgewood Middle School. He noted the department participated in several saturation events 8
during the second quarter, which addressed DWI, seatbelt, speeding and districted driving safety. 9
10
Police Chief Kinney was pleased to report that all establishments in Mounds View passed their 11
tobacco and alcohol compliance checks. He discussed a recent medication collection event 12
noting this was the proper way to dispose of unused prescription meds. He encouraged residents 13
to bring all future unused meds to the Ramsey County Sheriff’s Department. 14
15
Mayor Flaherty thanked Police Chief Kinney for his report. 16
17
City Administrator Ericson reviewed the September 2nd worksession agenda items with the 18
Council. He noted a joint meeting between the Blaine, Spring Lake Park and Mounds View City 19
Council’s would be held on September 3rd, 10th or 17th regarding the 2015 budget for the fire 20
department. 21
22
City Administrator Ericson explained that RISE was looking to lease space in the Community 23
Center with revenue shares that would benefit the City. He noted interviews were being held for 24
the Business Development Coordinator position at the Community Center. He anticipated that a 25
final decisions would be made in September. 26
27
City Administrator Ericson indicated he attended a Lion’s meeting where he provided an update 28
on the activities taking place in the City. 29
30
City Administrator Ericson reported the Mounds View Business Council would meet again in 31
September where Police Chief Kinney would be the guest speaker. The meeting would be held 32
at the Community Center on September 10th at 7:30 a.m. He commented that Blake Huffman 33
would be present as well to provide an update on Rice Creek Commons. 34
35
City Administrator Ericson stated the involvement of Mounds View residents in the North Metro 36
Home Improvement Show has dwindled since it moved to the National Sports Center. He 37
suggested that the Council discuss this matter at a future work session meeting. 38
39
C. Reports of City Attorney. 40
41
City Attorney Riggs had nothing additional to report. 42
43
12. Next Council Work Session: TUESDAY, September 2, 2014, at 7:00 p.m. 44
Next Council Meeting: Monday, September 8, 2014, at 7:00 p.m. 45
Mounds View City Council August 25, 2014
Regular Meeting Page 9
1
13. ADJOURNMENT 2
3
The meeting was adjourned at 9:37 p.m. 4
5
Transcribed by: 6
7
Heidi Guenther 8
TimeSaver Off Site Secretarial, Inc. 9
PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1
CITY OF MOUNDS VIEW 2
RAMSEY COUNTY, MINNESOTA 3
4
Regular Meeting 5
September 8, 2014 6
Mounds View City Hall 7
2401 Highway 10, Mounds View, MN 55112 8
7:02 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 16
17
NOT PRESENT: Mueller. 18
19
4. APPROVAL OF AGENDA 20
A. Monday, September 8, 2014, City Council Agenda. 21
22
MOTION/SECOND: Gunn/Meehlhause. To Approve the Monday, September 8, 2014, agenda 23
as presented. 24
25
Ayes – 4 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. 7:00 p.m. Public Hearing to Consider Resolution 8299 Regarding the 37
Issuance of a Revenue Note for the Benefit of Catholic Eldercare and Taking 38
Actions Related Thereto. 39
40
Finance Director Beer explained that back in August the Council granted preliminary approval to 41
issue conduit debt for the benefit of Catholic Eldercare in the amount of $4 million. The plan 42
was to have a public hearing and grant final approval this evening. However, the group has had a 43
minor issue with gaining approvals in Minneapolis. Staff recommended the Council hold a 44
public hearing, take comment from the public and adopt the temporary Resolution. 45
Mounds View City Council September 8, 2014
Regular Meeting Page 2
1
Mayor Flaherty opened the public hearing at 7:05 p.m. 2
3
Hearing no public input, Mayor Flaherty closed the public hearing at 7:05 p.m. 4
5
Mayor Flaherty questioned if Mounds View would be serviced by the proposed facility. Mike 6
Shasky, Catholic Eldercare, introduced himself to the Council and explained the site draws 7
clientele mostly from the northern suburbs. 8
9
MOTION/SECOND: Meehlhause/Hull. To Waive the Reading and Adopt Resolution 8299 10
Regarding the Issuance of a Revenue Note for the Benefit of Catholic Eldercare and Taking 11
Actions Related Thereto. 12
13
Ayes – 4 Nays – 0 Motion carried. 14
15
B. 7:00 p.m. Public Hearing, Resolution 8301, Approving the 2015 Fee 16
Schedule. 17
18
Assistant City Administrator Crane reviewed the 2015 Fee Schedule with the Council. She 19
recommended the fee schedule approval be postponed to September 22nd to allow staff additional 20
time to review and to include the Community Center fees. Staff requested the Council approve 21
the proposed 2015 dog tag fees. 22
23
Mayor Flaherty opened the public hearing at 7:09 p.m. 24
25
Hearing no public input, Mayor Flaherty closed the public hearing at 7:09 p.m. 26
27
MOTION/SECOND: Gunn/Meehlhause. To Continue the Public Hearing to the September 22, 28
2014 City Council meeting. 29
30
Ayes – 4 Nays – 0 Motion carried. 31
32
MOTION/SECOND: Gunn/Hull. To Approve the Dog License Fees as proposed in the 2015 33
Fee Schedule. 34
35
Ayes – 4 Nays – 0 Motion carried. 36
37
C. 7:00 p.m. Public Hearing, Second Reading and Adoption of Ordinance 892 38
an Ordinance Continuing a Franchise Fee on Xcel Energy Electric and 39
Natural Gas Operations within the City of Mounds View. 40
41
Finance Director Beer DeBar stated the first reading and introduction of this Ordinance was held 42
in August. He recommended the Council hold the second reading and adopt Ordinance 892, 43
which would continue the franchise fee for use of the City’s right-of-way with Xcel Energy 44
Electric and Natural Gas for their operations in the City of Mounds View. 45
Mounds View City Council September 8, 2014
Regular Meeting Page 3
1
Mayor Flaherty opened the public hearing at 7:14 p.m. 2
3
Hearing no public input, Mayor Flaherty closed the public hearing at 7:14 p.m. 4
5
MOTION/SECOND: Meehlhause/Flaherty. To Waive the Second Reading and Adopt 6
Ordinance 892 an Ordinance Continuing a Franchise Fee on Xcel Energy Electric and Natural 7
Gas Operations within the City of Mounds View, and direct staff to publish the Ordinance 8
summary. 9
10
ROLL CALL: Gunn/Hull/Meehlhause/Flaherty. 11
12
Ayes – 4 Nays – 0 Motion carried. 13
14
D. 7:00 p.m. Public Hearing, Second Reading and Adoption of Ordinance 893 15
an Ordinance Continuing a Franchise Fee on Center Point Energy Natural 16
Gas Operations within the City of Mounds View. 17
18
Finance Director Beer stated the first reading and introduction of this Ordinance was held in 19
August. He recommended the Council hold the second reading and adopt Ordinance 893, which 20
would continue the franchise fee for use of the City’s right-of-way with Center Point Energy 21
Natural Gas for their operations in the City of Mounds View. 22
23
Mayor Flaherty opened the public hearing at 7:16 p.m. 24
25
Hearing no public input, Mayor Flaherty closed the public hearing at 7:16 p.m. 26
27
MOTION/SECOND: Gunn/Meehlhause. To Waive the Second Reading and Adopt Ordinance 28
893 an Ordinance Continuing a Franchise Fee on Center Point Energy Natural Gas Operations 29
within the City of Mounds View, and direct staff to publish the Ordinance summary. 30
31
ROLL CALL: Gunn/Hull/Meehlhause/Flaherty. 32
33
Ayes – 4 Nays – 0 Motion carried. 34
35
E. Resolution 8296, Approving the Final Plat for Anna Place, a 5-lot 36
Subdivision at Eastwood Road & Ardan Avenue. 37
38
Planning Associate Heller reviewed the two acre final plat for Anna Place, a 5-lot subdivision on 39
Ardan Avenue and Eastwood Road. Staff discussed the park dedication fee that would be due at 40
the time the plat was signed and recommended approval of the final plat. 41
42
Mayor Flaherty questioned if the applicant had received preliminary approval from Rice Creek 43
Watershed. Terry Buchanan, Kayak Remodeling, commented that Rice Creek Watershed has 44
granted preliminary approval and would be requiring a holding pond. 45
Mounds View City Council September 8, 2014
Regular Meeting Page 4
1
Mayor Flaherty questioned if any trees on the site would be impacted. Mr. Buchanan did not 2
believe that any trees would be impacted. 3
4
MOTION/SECOND: Gunn/Meehlhause. To Waive the Reading and Adopt Resolution 8296, 5
Approving the Final Plat for Anna Place, a 5-lot Subdivision at Eastwood Road & Ardan 6
Avenue. 7
8
Mayor Flaherty expressed concern with the heavy equipment that would be used by the 9
contractor and recommended that he be cautious when on the City’s brand new streets. Planning 10
Associate Heller commented the City could require an escrow or deposit with the right-of-way 11
permits. 12
13
Ayes – 4 Nays – 0 Motion carried. 14
15
F. Resolution 8300 for Authorization to Advertise and Create an Eligibility List 16
to Initiate the Police Officer Hiring Process. 17
18
Police Chief Kinney requested the Council authorize the advertisement and creation of an 19
eligibility list for the hiring of a new police officer. He stated the department has an opening 20
after the resignation of a probationary officer. He reported the past eligibility list was dissolved 21
by the Police Civil Service Commission. He reviewed the hiring process that would be followed 22
by staff and recommended the Council authorize advertisement for the police officer vacancy. 23
24
Council Member Hull requested further information on the hiring timeline. Police Chief Kinney 25
explained the hiring process would take approximately three months and the officer would then 26
need to complete the 14 week field training course. He anticipated the new officer would not be 27
on their own for approximately six months. 28
29
Mayor Flaherty asked if applicants were questioned about prior military experience. Police Chief 30
Kinney stated the Police Department’s application awarded prior military with veteran’s 31
preference points. 32
33
MOTION/SECOND: Gunn/Meehlhause. To Waive the Reading and Adopt Resolution 8300 for 34
Authorization to Advertise and Create an Eligibility List to Initiate the Police Officer Hiring 35
Process. 36
37
Ayes – 4 Nays – 0 Motion carried. 38
39
8. CONSENT AGENDA 40
A. Set a Public Hearing for Monday, September 2, 2014 at 7:00 p.m. for the 41
Consideration of a Conditional Use Permit for a Cell Tower at 4860 Mustang 42
Circle. 43
B. Set a Public Hearing for Monday, September 22, 2014 at 7:00 p.m. for the 44
Consideration of a Preliminary Plat at 2205 Woodale Drive. 45
Mounds View City Council September 8, 2014
Regular Meeting Page 5
C. Resolution 8302, Accepting the Minnesota Association for Volunteer 1
Administration (MAVA) Grant. 2
D. Resolution 8303, Approving a Restaurant Business License for HSM, LLC, 3
Doing Business as Louisiana Po Boy, located at 2213 County Road 10. 4
5
MOTION/SECOND: Gunn/Meehlhause. To Approve the Consent Agenda as presented. 6
7
Ayes – 4 Nays – 0 Motion carried. 8
9
9. JUST AND CORRECT CLAIMS 10
11
Finance Director Beer answered the Council's questions related to claims. 12
13
MOTION/SECOND: Meehlhause/Hull. To Approve the Just and Correct Claims as presented. 14
15
Ayes – 4 Nays – 0 Motion carried. 16
17
10. APPROVAL OF MINUTES 18
19
None. 20
21
11. REPORTS 22
A. Reports of Mayor and Council. 23
24
Council Member Meehlhause reported he attended the bi-monthly YMCA Advisory Commission 25
meeting with staff. He explained revenues were up at the Community Center and participation in 26
summer programs were on the rise. 27
28
City Administrator Ericson explained that RISE was looking to relocate in the Community 29
Center, which would also benefit the City and its residents through additional programming. He 30
commented that staff was considering increasing the hours of operation at the Community 31
Center. This matter would be reviewed in further detail by the Council at a future meeting. 32
33
Council Member Meehlhause read a letter from Jerry Hromtka of Northeast Youth and Family 34
Services to the Council. 35
36
Council Member Meehlhause indicated he would be attending the Mounds Vie Business Council 37
meeting on Wednesday, September 10th at 8:00 a.m. at the Community Center. He stated the 38
Festival in the Park Committee would meet on September 16th at City Hall. 39
40
B. Reports of Staff. 41
42
Finance Director Beer reported the Cable Commission met last week and an extension was 43
received from Comcast to Greatland Communications, the new cable provider for the metro area. 44
He stated negotiations continue with Comcast and the final sticking point was PEG fees. All 45
Mounds View City Council September 8, 2014
Regular Meeting Page 6
parties involved will continue working together to resolve this situation. He explained that 1
Shoreview has drafted a letter that has yet to be approved by their City Council, to withdraw 2
from the Cable Commission. 3
4
City Administrator Ericson stated on Wednesday, September 17th the Blaine, Mounds View and 5
Spring Lake Park City Council’s would be meeting jointly at the Blaine City Hall at 7:00 p.m. to 6
discuss the fire department’s 2015 budget. 7
8
C. Reports of City Attorney. 9
10
There was nothing additional to report. 11
12
12. Next Council Work Session: Monday, October 6, 2014, at 7:00 p.m. 13
Next Council Meeting: Monday, September 22, 2014, at 7:00 p.m. 14
15
13. ADJOURNMENT 16
17
The meeting was adjourned at 7:58 p.m. 18
19
Transcribed by: 20
21
Heidi Guenther 22
TimeSaver Off Site Secretarial, Inc. 23
PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1
CITY OF MOUNDS VIEW 2
RAMSEY COUNTY, MINNESOTA 3
4
Regular Meeting 5
September 22, 2014 6
Mounds View City Hall 7
2401 Highway 10, Mounds View, MN 55112 8
7:00 P.M. 9
10
11
1. MEETING IS CALLED TO ORDER 12
13
2. PLEDGE OF ALLEGIANCE 14
15
3. ROLL CALL: Hull, Meehlhause, Mueller 16
17
NOT PRESENT: Flaherty, Gunn 18
19
4. APPROVAL OF AGENDA 20
A. Monday, September 22, 2014, City Council Agenda. 21
22
MOTION/SECOND: Meehlhause/Hull. To Approve the Monday, September 22, 2014, agenda 23
as amended adding Item 7J, Resolution 8309, Authorizing the Acceptance and Distribution of a 24
Donation from Bethlehem Baptist Church. 25
26
Ayes – 3 Nays – 0 Motion carried. 27
28
5. PUBLIC INPUT 29
30
None. 31
32
6. SPECIAL ORDER OF BUSINESS 33
A. Resolution of Appreciation for David L. Farrell for 20 Years of Dedicated 34
Service with the SBM Fire Department. 35
36
Acting Mayor Mueller read in full a Resolution of Appreciation commending David Farrell for 37
his 20 years of dedicated service to the Blaine/Spring Lake Park/Mounds View Fire Department. 38
A round of applause was offered by all in attendance. 39
40
MOTION/SECOND: Hull/Meehlhause. To Adopt Resolution 8306, a Resolution of 41
Appreciation for David L. Farrell for 20 Years of Dedicated Service with the SBM Fire 42
Department. 43
44
Ayes – 3 Nays – 0 Motion carried. 45
Mounds View City Council September 22, 2014
Regular Meeting Page 2
1
7. COUNCIL BUSINESS 2
A. 7:00 p.m. Public Hearing – Resolution 8304, Consideration of a Conditional 3
Use Permit for a 150-foot tall Cell Tower at Dell-Comm, 4860 Mustang 4
Circle. 5
6
Planning Associate Heller explained the applicant and property owner, FAC Holdings (Dell-7
Comm is the business operating here), is requesting approval of a conditional use permit to 8
construct a 150 foot cell tower on their property at 4860 Mustang Circle. Dell-Comm designs, 9
furnishes and installs telecommunications systems, applications and services. Dell-Comm has 10
been in business since 1990 and do infrastructure cabling, fiber optic cabling, outside plant 11
cabling, security solutions and telephone systems. She explained the Planning Commission 12
reviewed this item on September 17th and recommended approval of the request. 13
14
Acting Mayor Mueller opened the public hearing at 7:15 p.m. 15
16
Jim Frykels, Dell-Comm representative, explained that Dell-Comm has been a part of Mounds 17
View since 1977. He reported that several cell vendors would be approached to co-locate on 18
their 150-foot tower. 19
20
Hearing no further public input, Acting Mayor Mueller closed the public hearing at 7:17 p.m. 21
22
MOTION/SECOND: Meehlhause/Hull. To Waive the Reading and Adopt Resolution 8304, 23
Consideration of a Conditional Use Permit for a 150-foot tall Cell Tower at Dell-Comm, 4860 24
Mustang Circle. 25
26
Ayes – 3 Nays – 0 Motion carried. 27
28
B. 7:00 p.m. Public Hearing – Resolution 8305, Consideration of a Preliminary 29
Plat for 2205 Woodale Drive, Multi-Tech Systems. 30
31
Planning Associate Heller indicated parcels at 2205 Woodale Drive were being proposed to be 32
subdivided. The subdivision would be creating three different lots from the existing three lots in 33
order to sell the west 6.5 acres to Build to Suit, Inc. who will be constructing a new building for 34
BioLife Plasma Services. She stated Multi-Tech Systems, Inc. currently owns three parcels that 35
total 17-acres. One parcel contains their building and part of the parking lot, another has a 36
stormwater pond, and the third has the remainder of their parking lot and about six acres of 37
vacant land. All three properties are zoned PUD, Planned Unit Development. 38
39
Planning Associate Heller explained the proposed subdivision is essentially shifting lot lines 40
within the same 17 acres. The new lot lines would put Multi-Tech’s building, parking lot and 41
stormwater pond together onto one parcel, then create two new lots where the vacant land is: the 42
south lot is for the new BioLife building, and the other lot would remain vacant until sold for 43
further development. Build to Suit, the developer of the BioLife building, is purchasing Lot 1 and 44
Mounds View City Council September 22, 2014
Regular Meeting Page 3
Outlot A. Staff indicated the Planning Commission reviewed this matter on September 17th and 1
recommended approval of the preliminary plat for Multi-Tech Systems. 2
3
Acting Mayor Mueller opened the public hearing at 7:24 p.m. 4
5
Hearing no public input, Acting Mayor Mueller closed the public hearing at 7:25 p.m. 6
7
Acting Mayor Mueller was pleased that this property was able to receive a right-in only access 8
point from the Ramsey County. 9
10
MOTION/SECOND: Meehlhause/Hull. To Waive the Reading and Adopt Resolution 8305, 11
Consideration of a Preliminary Plat for 2205 Woodale Drive, Multi-Tech Systems. 12
13
Council Member Meehlhause was pleased that Multi-Tech would be staying in the City of 14
Mounds View. 15
16
Del Palacheck, Multi-Tech Systems, stated Multi-Tech has been a proud member of the 17
community since 1989. He discussed the proposed building in detail with the Council. 18
19
Ayes – 3 Nays – 0 Motion carried. 20
21
C. Continued Public Hearing, Resolution 8301, a Resolution to Approve the 22
2015 Fee Schedule. 23
24
Assistant City Administrator Crane requested the Council continue the Public Hearing for the 25
2015 Fee Schedule to allow staff additional time to research neighboring cities fees before 26
making a final recommendation to the City Council. 27
28
MOTION/SECOND: Hull/Meehlhause. To Continue the Public Hearing for the 2015 Fee 29
Schedule to the October 13, 2014 City Council meeting. 30
31
Ayes – 3 Nays – 0 Motion carried. 32
33
D. First Reading and Introduction of Ordinance 889, Revising Chapter 512 of 34
the Mounds View City Code Pertaining to Cigarette and Tobacco Products. 35
36
Assistant City Administrator Crane requested the Council introduce Ordinance 889, which would 37
revise Chapter 512 of the Mounds View City Code pertaining to cigarettes and tobacco products. 38
Staff reviewed the proposed revisions in detail with the Council noting the Second Reading for 39
this Ordinance would be held on October 13th. 40
41
MOTION/SECOND: Mueller/Meehlhause. To Waive the First Reading and Introduce 42
Ordinance 889, Revising Chapter 512 of the Mounds View City Code Pertaining to Cigarette and 43
Tobacco Products. 44
45
Mounds View City Council September 22, 2014
Regular Meeting Page 4
Ayes – 3 Nays – 0 Motion carried. 1
2
E. Resolution 8307, Approving the Hire of Brian Beeman to the Position of 3
Business Development Coordinator in the Community Development 4
Department. 5
6
Assistant City Administrator Crane explained the City received 10 applications and interviewed 7
six qualified candidate for the Business Development Coordinator position. A second interview 8
was conducted for the top three candidates. Staff recommended the Council approve the hire of 9
Brian Beeman for the position of Business Development Coordinator in the Community 10
Development Department. It was noted Brian Beeman would begin working with the City of 11
Mounds View on or about September 29th. 12
13
Council Member Hull asked why Mr. Beeman would begin at Step 4 on the pay schedule. City 14
Administrator Ericson explained this step represents a level of work experience, while being 15
fully educated and trained. 16
17
Acting Mayor Mueller questioned how long this position has been vacant. City Administrator 18
Ericson reported this position has been vacant since October 31, 2013. 19
20
MOTION/SECOND: Mueller/Meehlhause. To Waive the Reading and Adopt Resolution 8307, 21
Approving the Hire of Brian Beeman to the Position of Business Development Coordinator in the 22
Community Development Department. 23
24
Ayes – 3 Nays – 0 Motion carried. 25
26
Acting Mayor Mueller suggested Item J be discussed next. 27
28
J. Resolution 8309, Authorizing the Acceptance and Distribution of a Donation 29
from Bethlehem Baptist Church. 30
31
City Administrator Ericson explained staff has been meeting with representatives from 32
Bethlehem Baptist to discuss possible funding opportunities for City programs. He reviewed the 33
list of items that would be funded and recommended the Council authorize the acceptance and 34
distribution of a donation from Bethlehem Baptist Church. 35
36
MOTION/SECOND: Hull/Meehlhause. To Waive the Reading and Adopt Resolution 8309, 37
Authorizing the Acceptance and Distribution of a Donation from Bethlehem Baptist Church. 38
39
Council Member Meehlhause thanked Bethlehem Baptist for their continued generous support to 40
the community. 41
42
Acting Mayor Mueller was pleased that Groveland Park would be upgraded along with the streets 43
in 2015. 44
45
Mounds View City Council September 22, 2014
Regular Meeting Page 5
Ayes – 3 Nays – 0 Motion carried. 1
2
F. Resolution 8298, Approving a Preliminary Levy and General Fund Budget 3
for 2015. 4
5
Finance Director Beer reviewed the preliminary levy and general fund budget for 2015 in detail 6
with the Council. It was noted the largest levy increase that could be approved by the Council 7
would be 3.4%. Staff recommended the Council approve a 2% levy increase for 2015. He 8
explained the Council had to adopt the preliminary levy and have it certified with Ramsey 9
County by September 30, 2014. 10
11
MOTION/SECOND: Meehlhause/Hull. To Waive the Reading and Adopt Resolution 8298, 12
Approving a Preliminary Levy and General Fund Budget for 2015. 13
14
Council Member Meehlhause supported the proposed budget and was pleased that property 15
values in Ramsey County were on the rise. He requested the Council discuss the Special Projects 16
Fund in further detail at a future work session meeting. 17
18
Ayes – 3 Nays – 0 Motion carried. 19
20
21
G. Resolution 8297, Setting a date for Truth in Taxation Meeting and 22
Continuation Meeting. 23
24
Finance Director Beer requested the Council set a date for the Truth in Taxation meeting for 25
December 1, 2014 at 7:00 p.m. and allow for continuation to the December 8, 2014 City Council 26
meeting. 27
28
MOTION/SECOND: Mueller/Meehlhause. To Waive the Reading and Adopt Resolution 8297, 29
Setting a date for Truth in Taxation Meeting and Continuation Meeting. 30
31
Ayes – 3 Nays – 0 Motion carried. 32
33
H. First Reading and Introduction of Ordinance 891, an Ordinance Amending 34
Chapter 603 of the Mounds View City Code, Relating to Garbage and 35
Recycling Collection. 36
37
City Administrator Ericson stated the Council has been discussing garbage and recycling 38
collection since May. He indicated Mounds View was one of the last communities in Ramsey 39
County that does not have organized collection for recyclables. Staff reviewed the changes 40
proposed to City Code regarding garbage and recycling and recommended the Council introduce 41
Ordinance 891. 42
43
Council Member Meehlhause questioned how the City would be monitoring recycling 44
participation as stated within the Ordinance. City Administrator Ericson explained this language 45
Mounds View City Council September 22, 2014
Regular Meeting Page 6
was placed in the Ordinance to encourage refuse haulers to report the number of properties that 1
are not participating in the recycling program. The purpose of this would be to provide the 2
public with more education on the recycling program, if necessary. 3
4
MOTION/SECOND: Mueller/Meehlhause. To Waive the First Reading and Introduce 5
Ordinance 891, an Ordinance Amending Chapter 603 of the Mounds View City Code, Relating 6
to Garbage and Recycling Collection. 7
8
Ayes – 3 Nays – 0 Motion carried. 9
10
I. Resolution 8308, Approving a Construction Contract with Macpherson-11
Towne Company for the Masonry Renovation at City Hall & Community 12
Center. 13
14
Public Works Director DeBar explained that the City had an exterior wall survey completed in 15
2012 where all City facilities were evaluated. This report recommended that the City Hall and 16
Community Center be repaired to mitigate further deterioration and damage. Staff solicited 17
quotes for this work and recommended a contract be awarded to Macpherson-Towne Company 18
to complete the masonry renovation work at City Hall and on the Community Center. It was 19
noted $30,000 was budgeted for this project and the total expense was $59,476. He reported 20
funds were available within the budget to cover the overage. 21
22
Council Member Meehlhause asked if the City had worked with Macpherson-Towne Company 23
in the past. Public Works Director DeBar stated he did not have any experience with this 24
company, but reported they came highly recommended. 25
26
MOTION/SECOND: Meehlhause/Hull. To Waive the Reading and Adopt Resolution 8308, 27
Approving a Construction Contract with Macpherson-Towne Company for the Masonry 28
Renovation at City Hall & Community Center. 29
30
Ayes – 3 Nays – 0 Motion carried. 31
32
8. CONSENT AGENDA 33
A. Set a Public Hearing for Monday, October 13, 2014, at 7:00 p.m. to Consider 34
Special Assessments for Delinquent Utility Payments. 35
B. Set a Public Hearing for Monday, October 13, 2014, at 7:00 p.m. to Consider 36
Special Assessments for Unpaid Abatement Charges, Administrative Offense 37
Charges and Property Charges. 38
C. Set a Public Hearing for Monday, October 13, 2014, at 7:00 p.m. to Consider 39
a Residential Kennel License Located at 8030 Long Lake Road. 40
41
MOTION/SECOND: Hull/Mueller. To Approve the Consent Agenda as presented. 42
43
Ayes – 3 Nays – 0 Motion carried. 44
45
Mounds View City Council September 22, 2014
Regular Meeting Page 7
9. JUST AND CORRECT CLAIMS 1
2
Finance Director Beer answered the Council's questions related to claims. 3
4
MOTION/SECOND: Meehlhause/Hull. To Approve the Just and Correct Claims as presented. 5
6
Ayes – 3 Nays – 0 Motion carried. 7
8
10. APPROVAL OF MINUTES 9
A. July 14, 2014, City Council Meeting Minutes. 10
11
Council Member Hull recommended a correction on Page 3, Line 40, and again on Page 4, 12
requesting the gentleman’s last name be spelled corrected. 13
14
Council Member Meehlhause requested a change on Page 8, Line 6, removing the word “of” and 15
putting a space between “if” and the” on Line 12. 16
17
Acting Mayor Mueller requested a change on Page 8, Line 43, noting it should read Groveland 18
Road/Ardan Avenue. 19
20
MOTION/SECOND: Mueller/Meehlhause. To Approve the July 14, 2014, City Council 21
meeting minutes as corrected. 22
23
Ayes – 3 Nays – 0 Motion carried. 24
25
B. July 28, 2014, City Council Minutes. 26
27
Acting Mayor Mueller requested a correction on Page 8, Line 14, changing the word applicant to 28
application. He explained that on Page 11, Line 3 staff needed to correct the spelling of Gary 29
Rundle’s name. 30
31
Acting Mayor Mueller requested a change on Page 12, Line 38, the sentence should read 32
aggressive manner instead of aggressive amount. She stated on Page 13, between Line 4 and 5 33
she wanted a sentence added reflecting that the dog had gotten out of the yard in the past and the 34
dog catcher had to bring the dog home. 35
36
MOTION/SECOND: Meehlhause/Hull. To Approve the July 28, 2014, City Council meeting 37
minutes as corrected. 38
39
Ayes – 3 Nays – 0 Motion carried. 40
41
C. August 11, 2014, City Council Minutes. 42
Mounds View City Council September 22, 2014
Regular Meeting Page 8
1
Council Member Hull requested a correction on Page 1, Line 30, should read Lois Drive. In 2
addition, on Page 1, Line 35, the gentleman’s name was spelled incorrectly. 3
4
Council Member Meehlhause requested a change on Page 5, Line 6, adding the word “on” before 5
August 16th. 6
7
Acting Mayor Mueller suggested a change on Page 3, Line 35, noting she was referring to belly 8
dump trailers. 9
10
MOTION/SECOND: Mueller/Hull. To Approve the August 11, 2014, City Council meeting 11
minutes as corrected. 12
13
Ayes – 3 Nays – 0 Motion carried. 14
15
11. REPORTS 16
A. Reports of Mayor and Council. 17
18
Council Member Meehlhause noted he attended the Twin Cities Gateway meeting last week. He 19
was pleased to report that hotel revenues have continued to increase over 2013. He indicated he 20
would be attending a Northwest Youth and Family Services board meeting on Thursday. 21
22
Council Member Meehlhause reviewed the finances for the recent Festival in the Park and noted 23
the 2014 event ended in arrears. He supported the Council making a donation to the committee 24
to cover the $6,000 shortfall. He commented the fireworks display expense was typically 25
covered by Medtronic, however, a donation was not made this year. He complemented the 26
committee on their fundraising efforts, but noted the group came up short this year. 27
28
Acting Mayor Mueller stated this would be further discussed by the Council at their October 6th 29
worksession meeting. 30
31
Acting Mayor Mueller indicated the League of Minnesota Cities would be discussing the final 32
assignments for the lobbyist team at their next meeting. She noted the League would be lobbying 33
for approximately 130 issues that impact local cities. She provided comment on the Mayor for a 34
Day essay competition being sponsored by the League and noted winning essays would receive 35
$100. 36
37
Acting Mayor Mueller commented the Ramsey County League of Local Government would be 38
meeting on September 25th at 7:00 p.m. and would be discussing Fresh Water: Part II at the 39
County Offices on Paul Kirkwood Drive. 40
41
Acting Mayor Mueller stated the Festival in the Park Committee met last week and discussed its 42
fundraising activities. She reported the car show broke even and $110 was raised at the event for 43
the Ralph Reeder Food Shelf. An additional $100 was raised for the care and feeding of K9 44
Mounds View City Council September 22, 2014
Regular Meeting Page 9
Officer Niko. She anticipated that changes would be made for next year’s festival and 1
encouraged the public to volunteer. 2
3
Acting Mayor Mueller commended the Fire Department for their heroic actions at a recent garage 4
fire in her neighborhood. She explained that their efforts saved the lives of a young woman, two 5
small children and two family pets. 6
7
B. Reports of Staff. 8
9
City Administrator Ericson stated the City has been getting complaints regarding amplified 10
music. He suggested the Council consider a time-of-day noise restriction Ordinance at its next 11
worksession meeting. 12
13
Council Member Hull asked if staff had spoken with Moe’s regarding this concern. City 14
Administrator Ericson indicated he had not spoken to the owner as the City had only received 15
one noise complaint from Moe’s. However, the City has received other complaints for day music 16
noise levels. 17
18
The Council was not in favor of taking action on this item at this time. 19
20
City Administrator Ericson discussed a potential trail connection to the library along the County 21
Highway 10 corridor. He reported the library has made another request for this connection to be 22
completed by the City. Staff pursued quotes for this project and the connection would cost the 23
City $8,600. He requested direction from the Council on this matter. 24
25
Council Member Meehlhause asked if the trail connection could be completed in 2014. City 26
Administrator Ericson did not believe this would be possible. 27
28
Council Member Meehlhause supported the City paying for this trail connection due to the fact 29
the library was an important part of the community. 30
31
Acting Mayor Mueller agreed and recommended the City move forward with this trail 32
connection. 33
34
City Administrator Ericson stated only 10 to 20 Mounds View residents attended the North 35
Metro Home and Garden Show. He explained that staff had enough support at the time to 36
continue sponsoring and assisting with the event. He recommended that if the attendance 37
numbers continue to decline, that the City stop participating in this event. 38
39
City Administrator Ericson suggested his annual review be conducted in a Closed Session prior 40
to a Council meeting in October. The Council agreed to meet in Closed Session on October 27th 41
at 6:00 p.m. 42
43
City Administrator Ericson indicated the maximum width of curb cuts was 24 feet. He noted 44
that 86 residents have taken advantage of this increased width and a handful of residents have 45
Mounds View City Council September 22, 2014
Regular Meeting Page 10
had difficulty in widening their driveways to meet this new width. He provided further comment 1
on the agreement between the homeowners and the City. He explained that letters have been sent 2
to these ten homeowners explaining that they would need to reduce the width of the curb cut to 3
match their driveway. He reported the expense to complete this work was estimated to be 4
$2,000. Staff did not recommend the City assess for the expense of reducing the curb cut and 5
requested direction from the Council on how to proceed. He reported the Council could defer 6
discussing this matter to a future work session meeting. 7
8
Council Member Meehlhause recommended this matter be deferred to a worksession meeting 9
where the full Council can further discuss the concern. 10
11
City Administrator Ericson reviewed the Council worksession agenda for the October 6th 12
meeting. 13
14
C. Reports of City Attorney. 15
16
City Attorney Riggs reviewed his monthly status report with the Council. 17
18
Acting Mayor Mueller requested comment from the City Attorney regarding the Charter 19
Commission membership. City Attorney Riggs explained that the Charter calls for 11 members 20
and that the group meet at least once yearly. He reported that a number of communities have 21
seven to nine members. 22
23
Council Member Hull questioned how many members the Charter Commission currently had. 24
City Administrator Ericson indicated the group currently had five members with three members 25
present at the recent meeting. 26
27
12. Next Council Work Session: Monday, October 6, 2014, at 7:00 p.m. 28
Next Council Meeting: Monday, October 13, 2014, at 7:00 p.m. 29
30
13. ADJOURNMENT 31
32
The meeting was adjourned at 9:20 p.m. 33
34
Transcribed by: 35
36
Heidi Guenther 37
TimeSaver Off Site Secretarial, Inc. 38
1
Mounds View Police
Quarterly Report
July-September 2014
Police Department
2401 County Road 10· Mounds View, MN 55112-1499
Phone 763-717-4070· FAX: 763-717-4069
2
Statistical Report
Activity
Jul thru Sep
2014
TOTAL
Jul thru Sep
2013
TOTAL
Year to
Date
TOTAL
Adult Arrests 134 143 211
Juvenile Arrests 26 12 40
Calls For Service 3022 1838 7593
Court Citations 433 483 681
Administrative
Offenses
18 59 27
Jul thru Sep 2014 Investigative Reports
Cases assigned for investigation
TOTAL: 83 TOTAL YEAR TO DATE: 247
Assault 11 Misc-Other Offenses 12
Burglary 7 Disturbing Peace 1
Forgery 4 Obscenity 0
Narcotics 1 Property
Damage/Trespass
3
Arson 1 Robbery 0
Crimes Against Family 2 Theft/Fraud 18
Traffic (DUI, Accidents,
Other)
12 Vehicle Theft/Tampering 1
Criminal Sexual Conduct 7 Weapons 0
Misc. Liquor Offenses Crimes Against Admin of
Justice
0
Juvenile-Runaway 3
3
Jul thru Sep 2014 Crime Reports
TOTAL : 425 TOTAL YEAR TO DATE: 1079
Assault 26 Misc-Other Offenses 21
Burglary 15 Disturbing Peace 24
Forgery 4 Obscenity
Narcotics 16 Property
Damage/Trespass
49
Arson 1 Robbery 0
Crimes Against Family 4 Theft/Fraud 127
Traffic (DUI, Accidents,
other)
84 Vehicle Theft/Tampering 17
Criminal Sexual Conduct 7 Weapons 0
Misc. Liquor Offenses 10 Crimes Against Admin of
Justice
6
Juvenile-
Runaway/Curfew
14
Jul thru Sep 2014 Misc. Incidents, Calls & Complaints
TOTAL : 2692 TOTAL YEAR TO DATE: 6605
Lost & Found
(persons/property)
46 Suspicion Narcotics 1
Vehicles (towed, recovered,
abandoned)
29 Public Disturbance/Loud
Party
118
Accidents 57 Disorderly Juvenile 68
Animal
Complaints/Impounds
85 MV/Traffic Complaints 226
Fires 20 Traffic Stops 565
Medical/Suicide/Mental/DOA 288 City Ordinance
Complaints
17
Domestic-Verbal 67 Warrants 20
Alarms 84 Assist other Agencies 106
Lockouts 57 Misc. Public Calls 469
Suspicious Misc 191 Proactive Police Visits 178
4
5
Canine (K-9) Unit
From July 1st to September 30th, the K-9 team responded to 271 calls for service, wrote 76
reports and made 10 arrests.
In July, the K-9 team was deployed a total of 20 times:
• 10 for assisting in making arrests
• 6 for area searches
• 4 for narcotic searches.
In August, there were a total of 8 deployments:
• 1 area search
• 4 for assisting in making arrests
• 4 meet and greets.
On August 4th, our K-9 team did a meet and greet at a local neighborhood block party.
August 5th, was National Night Out and our K-9 team attended several block parties.
August 13th, Nick and Niko went to Abiding Savior Church for a family festival.
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August 16th was the Festival in the Park celebration. This was the largest demonstration that
our K-9 unit does throughout the year. There were over 100 people in attendance watching
our officers and K-9 unit working together in various aspects of apprehension techniques.
In September, there were 6 total deployments:
• 4 area searches
• 1 for assisting in making an arrest
• 1 meet and greet.
The police department expresses appreciation to the many residents who have made
donations to the K-9 program. If you would like more information about the K-9 unit or would
like to make a donation to help cover the cost of training and care, please contact the police
department at 763-717-4070.
Training Report
Officers attended the following training courses over the three summer months of 2014:
• National Basic School Resource Officer Course
• Automatic External Defibrillator Training
• Legal Update
• Crime Scene Processing for Law Enforcement
• SWAT/Sniper Training
Toward Zero Deaths (TZD)
The summer/fall months are generally a busy time for the Ramsey County Traffic Safety
Initiative (RCTSI). The RCTSI partners with the Minnesota Office of Traffic Safety in the
Toward Zero Deaths program. In the 4th quarter, the Mounds View PD participated in 4 DWI
saturations, one speed and a Labor Day DWI enforcement detail.
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The first DWI saturation was held on July 11th and was hosted by the North St. Paul PD.
Officer Meyer and Investigator Berling worked the detail. Between them they conducted 25
traffic stops.
The second DWI saturation occurred on July 19th and was hosted by the Roseville PD.
Officer Martin worked this detail. He conducted 15 traffic stops and made 1 DW I arrest.
The third DWI saturation was held on August 9th and was hosted by the New Brighton PD.
Officers Knitter, Garland and Schultes worked this detail. Between them they conducted 44
traffic stops on this detail. 9 citations were issued and Officer Schultes made 1 DWI arrest.
The fourth DWI saturation occurred on September 20th and was hosted by the White Bear
Lake PD. Officers Garland, Schultes and Martin worked the detail. Between them they
conducted 31 traffic stops. 7 citations were issued and Officer Garland made 1 DWI arrest.
Over the dates of July 10th- 27th, Mounds View PD officers participated in the “July Speed
Enforcement” detail. We had 10 officers work this event over the course of the detail for a
total of 42 hours. Our officers conducted 98 traffic stops resulting in the following citations: 26
for speeding, 6 for drive after suspension/ revocation and 5 for miscellaneous violations.
Over the dates of August 16th- 31st, Mounds View PD officers participated in the “Labor Day
DWI Enforc ement” detail. We had 5 officers work this event over the course of the detail for a
total of 38 hours. Our officers conducted 66 traffic stops resulting in the following citations: 9
for drive after suspension/ revocation and 8 for miscellaneous violations.
TZD/RCTSI 4th Quarter (MVPD Statistics)
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279
3
68
0
50
100
150
200
250
300
Events Traffic Stops DWI Arrests Citations
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School Resource Officer (SRO) Report
This fall, a change in the SRO assignment at Edgewood Middle School took place. Officer
Brian Schultes is now the full time School Resource Officer.
The SRO performs various duties on a daily basis at Edgewood Middle School which include
the following:
• assisting with traffic flow in front of the school,
• ensuring the school is secured each morning,
• providing a police presence in the hallways during passing times and in the cafeteria
during lunch times,
• investigating crimes that occur on school property,
• assisting patrol by performing follow-up on cases that involve students or school
property
• assisting with lock down, fire, and severe weather drills,
• serving as a member of the school crisis team,
• providing police support to school dances and after school activities,
• assisting at Pinewood Elementary as needed,
• being a liaison between the school and the police department,
• forming positive relationships with students,
Some additional services the SRO provided at the school this quarter included:
• Maintaining the school radio communications system
• Deescalating out of control students
• Contacting juvenile probation officers
• Operation of the school surveillance system
• Locating truant students
• Locating and recovering stolen bikes, electronics, and other property
In September, the SRO assisted with the following notable incidents:
• 1 theft report
• 1 medical
• 4 criminal damage to property reports
• 8 lost/recovered property reports
• 7 disorderly conduct/disruptive student incidents
• 4 student transports
• 1 truancy/custody dispute incident
• 2 driving complaints near school property
No juveniles were arrested or sent to diversion by the SRO. One juvenile was detained after
physically resisting the SRO and released to a parent.
Highlights from 3rd Quarter
• The SRO spent the first day of school welcoming new students and the incoming 6th
graders to Edgewood Middle School. He helped students with learning their locker
combinations and assisted with school tours.
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• The SRO provided additional supervision and security during several after school
activities and parent communication night. The district has requested a stronger law
enforcement presence during all after school programs.
• The SRO provided focused patrol in the neighborhoods surrounding the school at the
request of students while they walked home.
• The SRO assisted with several lockdown and fire drills to prepare the students/staff for
potential emergencies.
News from the Department
On August 5, 2014, the police department participated in another National Night Out
celebration. There were 31 registered parties throughout the city. This year, Officer Nate
Garland, took over as the coordinator for National Night Out. A new element was introduced
this year, focusing on a drive to donate school supplies. Each participant at the individual
neighborhood parties was encouraged to donate school supplies.
The police department then collected the donated supplies and eventually brought the items
to our local schools at Pinewood Elementary, Edgewood Middle School and the Kindergarten
Center at the Pike Lake location in New Brighton. A large supply was collected which filled up
a few squad cars! This new donation piece to our National Night Out event provided a special
charitable component not experienced in past years. Thanks to Officer Garland with his work
to organize the event!
On August 16, 2014, the annual Festival in the Park celebration occurred and the highlight
from the police department was the K-9 demonstration from Officer Erickson and Niko. Niko
is offered the opportunity to show his skills in apprehension, searching, tracking and
obedience.
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Officer Erickson with Niko preparing to initiate an apprehension at the Festival
Niko apprehending Officer Schultes during the K-9 demo at the Festival
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In addition to the Festival in the Park and National Night Out, different members of the police
department appeared at other smaller community events during the quarter such as:
• July 22, 2014, -requested home daycare appearance
• July 10, 2014- Edgewood School
• July 29, 2014- Bridges School
• August 1, 2014- Trike-A-Thon at Creative Kids Academy
• August 14, 2014- Abiding Savior Church
• August 23, 2014- Sunrise Methodist Church
• September 10, 2014- Scotland Court Apartments with the SBM Fire Department
PSO Drewry monitoring the children on the trike-a-thon course
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Officer Demarest guiding the daycare children on the trike course
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PSO Drewry and Officer Leitch at a home daycare visit
DNR Hunter Gun Safety
The police department also held another successful session of the DNR Hunter Gun Safety
class during the month of September. A spring gun safety class is planned for 2015.
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Financial Report