HomeMy WebLinkAboutAgenda Packets - 2012/09/24CITY OF MOUNDS VIEW
CITY COUNCIL MEETING AGENDA
MOUNDS VIEW CITY HALL
Monday, September 24, 2012
7:00 p.m.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL: Flaherty, Stigney, Hull, Mueller, Gunn
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
7. COUNCIL BUSINESS
A. Review Request from Kathleen Smith regarding Status of a Planning
Commission Member
B. Resolution 7993, a Resolution Authorizing an Administrative Penalty to CVS
Pharmacy, located at 2800 County Road 10, for Violation of Chapter 512 of the
Mounds View City Code
C. Resolution 7994, a Resolution Authorizing an Administrative Penalty to Mounds
View BP, located at 2155 County Road 10, for Violation of Chapter 512 of the
Mounds View City Code
D. Resolution 7995, a Resolution Authorizing an Administrative Penalty to Sam’s
Market, located at 2408 County Road I, for Violation of Chapter 512 of the
Mounds View City Code
E. Resolution 7996, a Resolution Authorizing an Administrative Penalty to
Walgreens, located at 2387 County Road 10, for Violation of Chapter 512 of
the Mounds View City Code
F. Resolution 7991, Ordering the Abatement of Hazardous Conditions Existing at
8379 Red Oak Drive
G. Resolution 7992 to Approve Auto Theft Prevention Grant Agreement with
Minnesota State Department of Commerce
8. CONSENT AGENDA
A. Resolution 7997, Revising Section 3.40 of the Mounds View Personnel Manual
Pertaining to the Vacation Accrual Schedule
B. Resolution 7998, Authorizing LaVan Floor Covering Company to Install Rubber
Flooring in Hillview Park Shelter
C. Set a Public Hearing for Monday, October 8, 2012 to Adopt a Special
Assessment Levy for Delinquent Public Utility Accounts
City Council Agenda
Monday, September 24, 2012
Page 2
8. CONSENT AGENDA - Continued
D. Set a Public Hearing for Monday, October 8, 2012 to Adopt a Special
Assessment Levy for Unpaid Diseased Tree, False Alarm, and Nuisance
Abatement Charges
9. JUST AND CORRECT CLAIMS
10. APPROVAL OF MINUTES
A. August 13, 2012, City Council Minutes
B. August 27, 2012, City Council Minutes
11. REPORTS
A. Reports of Mayor and Council
B. Reports of Staff
C. Reports of City Attorney
12. Next Council Work Session: Monday, October 1, 2012, at 7pm
Next Council Meeting: Monday, October 8, 2012, at 7pm
13. ADJOURNMENT
Item No: 07A
Meeting Date: Sept 24, 2012
Type of Business: Council Business
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: James Ericson, City Administrator
Item Title/Subject: Review Request Submitted by Kathleen Smith for the
Removal of Planning Commissioner Gary Rundle
Introduction:
Kathleen Smith, resident on Spring Lake Road, submitted a formal request to the City
dated September 5, 2012 (Received September 10, 2012) for the City Council to
consider removing Gary Rundle from the Planning Commission immediately along with
barring him from serving in any capacity for any city representative position, volunteer
or otherwise.
Discussion:
According to a police report filed on July 11, 2012, Ms. Smith alleges that Mr. Rundle
had been engaging in an ongoing and continual pattern of harassment against Ms.
Smith by throwing litter in her yard. Armed with video surveillance evidence which
clearly showed Mr. Rundle tossing beverage containers in her yard in early morning
hours, Ms. Smith brought her concerns to the Mounds View Police Department. As a
result, Mr. Rundle was charged with littering and last month pled guilty and was fined
accordingly. The police report is attached for the Council’s reference.
Removing a commissioner from office, as Ms. Smith is requesting, has to follow certain
procedures as articulated in City Code. Determining whether Mr. Rundle’s actions
constitute just cause is left to the discretion of the City Council. Section 401.03 of the
City Code indicates, “An appointed member of the Commission may be removed from
office for just cause and on written charges by at least four-fifths (4/5) vote of the entire
City Council, but such member shall be entitled to a public hearing before such vote is
taken.”
The City Attorney has provided an opinion concerning this matter, speaking to the issue
of just cause: “The cause must be one which specifically relates to and affects the
administration of the office, and must be restricted to something of a substantial nature
directly affecting the rights and interests of the public. The cause must be one touching
the qualifications of the official or the official's performance of the official's duties,
showing that the official is not a fit or proper person to hold office.”
In addition to the above, courts have stated "just cause" means any act of commission
or omission that, considered to be in relation to the duty involved, would stamp the
person in question as unfit to occupy the position - one whose conduct became
inimicable to the public welfare.
Commissioner Removal Report
September 24, 2012
Page 2
It is the City Attorney’s opinion that the throwing of beverage containers into a
neighbor's yard over the course of several weeks may not constitute "just cause" for
removal of the Commissioner from office. First of all, he asserts that this type of
behavior does not relate to his work as a Planning Commissioner. Second, the littering
violations are not of a substantial nature (seven pop cans and one water bottle
compared to throwing bags of trash or large items, etc.). Third, the littering only affects
one other person and not the rights and interests of the general public. Based on these
factors present in this situation, it can be argued that the Planning Commissioner's
behavior—disappointing as it may be—may not meet the "just cause" standard for
removal, as it is a fairly high standard to meet.
Recommendation:
Based on the above information, analysis and City Attorney’s opinion, it would appear
difficult for someone to successfully argue that the City Council should remove the
Planning Commissioner from office. If, however, the City Council does determine there
are sufficient grounds to warrant removal of the Planning Commissioner, the Council
will need follow City Code Section 401.03, Subd. 1a. and provide him with notice of the
reasons why he may be removed from office and allow him an opportunity to respond to
the allegations via the public hearing that must be held. In addition, pursuant to the
City's ordinance, at least four Council members must vote in favor of the removal. In
the event that the City Council decides to remove him, it should make sure that detailed
findings are made regarding why the Council believes that his actions constitute "just
cause" for removal from office.
Respectfully submitted,
________________________
James Ericson
City Administrator
Item No: 07B
Meeting Date: September 24, 2012
Type of Business: CB
Administrator Review : ____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Desaree Crane, Assistant City Administrator
Item Title/Subject: Resolution 7993, Authorizing an Administrative Penalty to
CVS Pharmacy, located at 2800 County Road 10, for
Violation of Chapter 512 of the Mounds View City Code
Background:
In accordance of the Mounds View City Code Section 512.09, it states:
512.09: COMPLIANCE CHECKS AND INSPECTIONS:
All licensed premises shall be open to inspection by the police department or
other authorized City official during regular business hours. From time to
time, but at least once per year, the City shall conduct compliance checks by
engaging, with the written consent of their parents or guardians, minors over
the age of 15 years but less than 18 years to enter the licensed premise to
attempt to purchase tobacco, tobacco products, tobacco-related devices, or
nicotine or lobelia delivery devices. Minors used for the purpose of
compliance checks shall be supervised by city designated law enforcement
officers or other designated city personnel. Minors used for compliance
checks shall not be guilty of unlawful possession of tobacco, tobacco
products, tobacco-related devices, or nicotine or lobelia delivery devices
when those items are obtained as a part of the compliance check. No minor
used in compliance checks shall attempt to use a false identification
misrepresenting the minor's age, and all minors lawfully engaged in a
compliance check shall answer all questions about the minor's age asked by
the licensee or his or her employee and shall produce any identification, if
any exists, for which he or she is asked. Nothing in this Chapter shall prohibit
compliance checks authorized by state or federal laws for educational,
research, or training purposes, or required for the enforcement of a particular
state or federal law.
On August 27, 2012, the Mounds View Police Department, along with the coordination of
the North Suburban Tobacco Compliance Project, conducted tobacco compliance checks
on the thirteen licensed businesses that sell tobacco and cigarettes. Four of the thirteen
failed the compliance checks, which were:
CVS Pharmacy – 2800 County Road 10
Mounds View BP – 2155 County Road 10
Sam’s Market – 2408 County Road I
Walgreens – 2387 County Road 10
Item 07B
Monday, September 24, 2012
Page 2
The employee who sold the cigarettes in each case was issued a court citation for violating
Minnesota State Statute Section 609.685, subd 1a, which states that sale of tobacco to
someone under the age of eighteen is guilty of a misdemeanor.
Discussion:
Mounds View City Code Chapter 512 covers cigarette and tobacco products. Selling
cigarettes and tobacco to someone under the age of eighteen violates state law and the
City Code. Under Section 512.11 of the City Code a licensee or employee who violates any
provision of Chapter 512, shall be charged with an administrative penalty. Section 512.11,
subd 1, of the Code states:
512.11: VIOLATIONS AND PENALTY:
Subd. 1. Licensees: If a licensee or an employee of a licensee violates any
provision of this Chapter, the licensee shall be charged an administrative
penalty of one hundred fifty dollars ($150.00). If a licensee or an employee of
a licensee violates any provision of this Chapter a second time at the same
location within twenty four (24) months of the initial violation, the licensee
shall be charged an administrative penalty of four hundred dollars ($400.00).
If a licensee or an employee of a licensee violates any provision of this
Chapter a third time at the same location within twenty four (24) months of
the initial violation, the licensee shall be charged an administrative penalty of
five hundred dollars ($500.00). No penalty under this Subdivision shall take
effect until the licensee has received notice, served personally or by mail, of
the alleged violation, and has had an opportunity for a hearing before the
City Council. The notice shall provide information on how and where a
hearing may be requested. The hearing must be requested by the licensee
within ten (10) business days of notice delivery. A decision by the City
Council that a violation of this Chapter has occurred shall be in writing.
Judicial appeal shall be as provided for by state law.
After Staff was notified of the compliance failures, Staff drafted letters to the four
businesses that failed the compliance checks. Staff notified the businesses that a hearing
will take place at the September 24, 2012, City Council Meeting to discuss the violation and
the administrative penalty. All letters were sent by certified mail. Attached is the letter that
was sent to CVS Pharmacy on September 11, 2012, notifying them of the compliance
violation, the administrative penalty, and the hearing. This is a first violation for CVS
Pharmacy. Under the City Code, the administrative penalty for a first offense is one-
hundred and fifty dollars.
Item 07B
Monday, September 24, 2012
Page 3
In addition, under 512.11, subd. 2 of the Code, the employee who sold the cigarettes can
also receive an administrative penalty (in addition to the court citation issued) for violating
Chapter 512. This section of the City Code states:
512.11: VIOLATIONS AND PENALTY:
Subd. 2. Individuals: Any person who sells tobacco to a person under the
age of eighteen (18) years shall be charged an administrative penalty of one
hundred dollars ($100.00) for a first offense and fifty dollars ($50.00)
additional for every subsequent offense. This penalty shall be in addition to
the penalty charged under Section 512.11, Subd. 1. No penalty under this
Subdivision, shall take effect until the person against whom the penalty will
be charged has received notice, served personally or by mail, of the alleged
violation, and has had an opportunity for a hearing before the City Council.
The notice shall provide information on how and where a hearing may be
requested. The hearing must be requested within ten (10) business days of
notice delivery. A decision by the City Council that a violation of this Section
has occurred shall be in writing. Judicial appeal shall be as provided for by
state law.
If the City Council wishes to issue an administrative penalty to the employee who sold the
cigarettes, then Staff will be required to notify the employee in accordance with the City
Code.
Recommendation:
Staff recommends issuing an administrative penalty in the amount of one-hundred and fifty
dollars to CVS Pharmacy for violating Chapter 512 for selling cigarettes to someone under
the age of eighteen. Staff was notified by the manager of CVS Pharmacy that a
representative from the business will be present at this meeting.
Respectfully Submitted,
__________________________
Desaree Crane
Assistant City Administrator
RESOLUTION 7993
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AUTHORIZING AN ADMINISTRATIVE PENALTY TO
CVS PHARMACY LOCATED AT 2800 COUNTY ROAD 10 FOR
VIOLATION OF SECTION 512 OF THE MOUNDS VIEW CITY CODE
WHEREAS, on August 27, 2012, the Mounds View Police Department, along with
the North Suburban Tobacco Compliance Project, conducted tobacco compliance checks
on the thirteen licensed businesses that sell tobacco and cigarettes; and
WHEREAS, CVS Pharmacy, located at 2800 County Road 10, failed the compliance
check by selling cigarettes to someone under the age of eighteen; and
WHEREAS, selling tobacco and cigarettes to someone under the age of eighteen, is
in violation of state law and the Mounds View City Code Chapter 512; and
WHEREAS, under Section 512.11, subd. 1, of the City Code states that if a licensee
or an employee of a licensee violates any provision of Chapter 512, the licensee shall be
charged an administrative penalty of one-hundred fifty dollars; and
WHEREAS, CVS Pharmacy was notified by certified mail of the violation and
administrative penalty in accordance with the City Code.
NOW, THEREFORE BE IT RESOLVED, that under Section 512.11, subd 1, of the
Mounds View City Code, CVS Pharmacy shall be issued an administrative penalty in the
amount of one-hundred fifty dollars for violating Chapter 512 of the City Code for selling
cigarettes to someone under the age of eighteen.
Adopted this 24th day of September, 2012.
__________________________________
Joe Flaherty, Mayor
ATTEST:
__________________________________
James Ericson, City Administrator
(seal)
Item No: 07C
Meeting Date: September 24, 2012
Type of Business: CB
Administrator Review : ____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Desaree Crane, Assistant City Administrator
Item Title/Subject: Resolution 7994, Authorizing an Administrative Penalty to
Mounds View BP, located at 2155 County Road 10, for
Violation of Chapter 512 of the Mounds View City Code
Background:
In accordance of the Mounds View City Code Section 512.09, it states:
512.09: COMPLIANCE CHECKS AND INSPECTIONS:
All licensed premises shall be open to inspection by the police department or
other authorized City official during regular business hours. From time to
time, but at least once per year, the City shall conduct compliance checks by
engaging, with the written consent of their parents or guardians, minors over
the age of 15 years but less than 18 years to enter the licensed premise to
attempt to purchase tobacco, tobacco products, tobacco-related devices, or
nicotine or lobelia delivery devices. Minors used for the purpose of
compliance checks shall be supervised by city designated law enforcement
officers or other designated city personnel. Minors used for compliance
checks shall not be guilty of unlawful possession of tobacco, tobacco
products, tobacco-related devices, or nicotine or lobelia delivery devices
when those items are obtained as a part of the compliance check. No minor
used in compliance checks shall attempt to use a false identification
misrepresenting the minor's age, and all minors lawfully engaged in a
compliance check shall answer all questions about the minor's age asked by
the licensee or his or her employee and shall produce any identification, if
any exists, for which he or she is asked. Nothing in this Chapter shall prohibit
compliance checks authorized by state or federal laws for educational,
research, or training purposes, or required for the enforcement of a particular
state or federal law.
On August 27, 2012, the Mounds View Police Department, along with the coordination of
the North Suburban Tobacco Compliance Project, conducted tobacco compliance checks
on the thirteen licensed businesses that sell tobacco and cigarettes. Four of the thirteen
failed the compliance checks, which were:
CVS Pharmacy – 2800 County Road 10
Mounds View BP – 2155 County Road 10
Sam’s Market – 2408 County Road I
Walgreens – 2387 County Road 10
Item 07C
Monday, September 24, 2012
Page 2
The employee who sold the cigarettes in each case was issued a court citation for violating
Minnesota State Statute Section 609.685, subd 1a, which states that sale of tobacco to
someone under the age of eighteen is guilty of a misdemeanor.
Discussion:
Mounds View City Code Chapter 512 covers cigarette and tobacco products. Selling
cigarettes and tobacco to someone under the age of eighteen violates state law and the
City Code. Under Section 512.11 of the City Code a licensee or employee who violates any
provision of Chapter 512, shall be charged with an administrative penalty. Section 512.11,
subd 1, of the Code states:
512.11: VIOLATIONS AND PENALTY:
Subd. 1. Licensees: If a licensee or an employee of a licensee violates any
provision of this Chapter, the licensee shall be charged an administrative
penalty of one hundred fifty dollars ($150.00). If a licensee or an employee of
a licensee violates any provision of this Chapter a second time at the same
location within twenty four (24) months of the initial violation, the licensee
shall be charged an administrative penalty of four hundred dollars ($400.00).
If a licensee or an employee of a licensee violates any provision of this
Chapter a third time at the same location within twenty four (24) months of
the initial violation, the licensee shall be charged an administrative penalty of
five hundred dollars ($500.00). No penalty under this Subdivision shall take
effect until the licensee has received notice, served personally or by mail, of
the alleged violation, and has had an opportunity for a hearing before the
City Council. The notice shall provide information on how and where a
hearing may be requested. The hearing must be requested by the licensee
within ten (10) business days of notice delivery. A decision by the City
Council that a violation of this Chapter has occurred shall be in writing.
Judicial appeal shall be as provided for by state law.
After Staff was notified of the compliance failures, Staff drafted letters to the four
businesses that failed the compliance checks. Staff notified the businesses that a hearing
will take place at the September 24, 2012, City Council Meeting to discuss the violation and
the administrative penalty. All letters were sent by certified mail. Attached is the letter that
was sent to Mounds View BP on September 11, 2012, notifying them of the compliance
violation, the administrative penalty, and the hearing. This is a first violation for Mounds
View BP. Under the City Code, the administrative penalty for a first offense is one-hundred
and fifty dollars.
Item 07C
Monday, September 24, 2012
Page 3
In addition, under 512.11, subd. 2 of the Code, the employee who sold the cigarettes can
also receive an administrative penalty (in addition to the court citation issued) for violating
Chapter 512. This section of the City Code states:
512.11: VIOLATIONS AND PENALTY:
Subd. 2. Individuals: Any person who sells tobacco to a person under the
age of eighteen (18) years shall be charged an administrative penalty of one
hundred dollars ($100.00) for a first offense and fifty dollars ($50.00)
additional for every subsequent offense. This penalty shall be in addition to
the penalty charged under Section 512.11, Subd. 1. No penalty under this
Subdivision, shall take effect until the person against whom the penalty will
be charged has received notice, served personally or by mail, of the alleged
violation, and has had an opportunity for a hearing before the City Council.
The notice shall provide information on how and where a hearing may be
requested. The hearing must be requested within ten (10) business days of
notice delivery. A decision by the City Council that a violation of this Section
has occurred shall be in writing. Judicial appeal shall be as provided for by
state law.
If the City Council wishes to issue an administrative penalty to the employee who sold the
cigarettes, then Staff will be required to notify the employee in accordance with the City
Code.
Recommendation:
Staff recommends issuing an administrative penalty in the amount of one-hundred and fifty
dollars to Mounds View BP for violating Chapter 512 for selling cigarettes to someone under
the age of eighteen.
Respectfully Submitted,
__________________________
Desaree Crane
Assistant City Administrator
RESOLUTION 7994
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AUTHORIZING AN ADMINISTRATIVE PENALTY TO
MOUNDS VIEW BP LOCATED AT 2155 COUNTY ROAD 10 FOR
VIOLATION OF SECTION 512 OF THE MOUNDS VIEW CITY CODE
WHEREAS, on August 27, 2012, the Mounds View Police Department, along with
the North Suburban Tobacco Compliance Project, conducted tobacco compliance checks
on the thirteen licensed businesses that sell tobacco and cigarettes; and
WHEREAS, Mounds View BP, located at 2155 County Road 10, failed the
compliance check by selling cigarettes to someone under the age of eighteen; and
WHEREAS, selling tobacco and cigarettes to someone under the age of eighteen, is
in violation of state law and the Mounds View City Code Chapter 512; and
WHEREAS, under Section 512.11, subd. 1, of the City Code states that if a licensee
or an employee of a licensee violates any provision of Chapter 512, the licensee shall be
charged an administrative penalty of one-hundred fifty dollars; and
WHEREAS, Mounds View BP was notified by certified mail of the violation and
administrative penalty in accordance with the City Code.
NOW, THEREFORE BE IT RESOLVED, that under Section 512.11, subd 1, of the
Mounds View City Code, Mounds View BP shall be issued an administrative penalty in the
amount of one-hundred fifty dollars for violating Chapter 512 of the City Code for selling
cigarettes to someone under the age of eighteen.
Adopted this 24th day of September, 2012.
__________________________________
Joe Flaherty, Mayor
ATTEST:
__________________________________
James Ericson, City Administrator
(seal)
Item No: 07D
Meeting Date: September 24, 2012
Type of Business: CB
Administrator Review : ____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Desaree Crane, Assistant City Administrator
Item Title/Subject: Resolution 7995, Authorizing an Administrative Penalty to
Sam’s Market, located at 2408 County Road I, for Violation of
Chapter 512 of the Mounds View City Code
Background:
In accordance of the Mounds View City Code Section 512.09, it states:
512.09: COMPLIANCE CHECKS AND INSPECTIONS:
All licensed premises shall be open to inspection by the police department or
other authorized City official during regular business hours. From time to
time, but at least once per year, the City shall conduct compliance checks by
engaging, with the written consent of their parents or guardians, minors over
the age of 15 years but less than 18 years to enter the licensed premise to
attempt to purchase tobacco, tobacco products, tobacco-related devices, or
nicotine or lobelia delivery devices. Minors used for the purpose of
compliance checks shall be supervised by city designated law enforcement
officers or other designated city personnel. Minors used for compliance
checks shall not be guilty of unlawful possession of tobacco, tobacco
products, tobacco-related devices, or nicotine or lobelia delivery devices
when those items are obtained as a part of the compliance check. No minor
used in compliance checks shall attempt to use a false identification
misrepresenting the minor's age, and all minors lawfully engaged in a
compliance check shall answer all questions about the minor's age asked by
the licensee or his or her employee and shall produce any identification, if
any exists, for which he or she is asked. Nothing in this Chapter shall prohibit
compliance checks authorized by state or federal laws for educational,
research, or training purposes, or required for the enforcement of a particular
state or federal law.
On August 27, 2012, the Mounds View Police Department, along with the coordination of
the North Suburban Tobacco Compliance Project, conducted tobacco compliance checks
on the thirteen licensed businesses that sell tobacco and cigarettes. Four of the thirteen
failed the compliance checks, which were:
CVS Pharmacy – 2800 County Road 10
Mounds View BP – 2155 County Road 10
Sam’s Market – 2408 County Road I
Walgreens – 2387 County Road 10
Item 07D
Monday, September 24, 2012
Page 2
The employee who sold the cigarettes in each case was issued a court citation for violating
Minnesota State Statute Section 609.685, subd 1a, which states that sale of tobacco to
someone under the age of eighteen is guilty of a misdemeanor.
Discussion:
Mounds View City Code Chapter 512 covers cigarette and tobacco products. Selling
cigarettes and tobacco to someone under the age of eighteen violates state law and the
City Code. Under Section 512.11 of the City Code a licensee or employee who violates any
provision of Chapter 512, shall be charged with an administrative penalty. Section 512.11,
subd 1, of the Code states:
512.11: VIOLATIONS AND PENALTY:
Subd. 1. Licensees: If a licensee or an employee of a licensee violates any
provision of this Chapter, the licensee shall be charged an administrative
penalty of one hundred fifty dollars ($150.00). If a licensee or an employee of
a licensee violates any provision of this Chapter a second time at the same
location within twenty four (24) months of the initial violation, the licensee
shall be charged an administrative penalty of four hundred dollars ($400.00).
If a licensee or an employee of a licensee violates any provision of this
Chapter a third time at the same location within twenty four (24) months of
the initial violation, the licensee shall be charged an administrative penalty of
five hundred dollars ($500.00). No penalty under this Subdivision shall take
effect until the licensee has received notice, served personally or by mail, of
the alleged violation, and has had an opportunity for a hearing before the
City Council. The notice shall provide information on how and where a
hearing may be requested. The hearing must be requested by the licensee
within ten (10) business days of notice delivery. A decision by the City
Council that a violation of this Chapter has occurred shall be in writing.
Judicial appeal shall be as provided for by state law.
After Staff was notified of the compliance failures, Staff drafted letters to the four
businesses that failed the compliance checks. Staff notified the businesses that a hearing
will take place at the September 24, 2012, City Council Meeting to discuss the violation and
the administrative penalty. All letters were sent by certified mail. Attached is the letter that
was sent to Sam’s Market on September 11, 2012, notifying them of the compliance
violation, the administrative penalty, and the hearing. This is a first violation for Sam’s
Market. Under the City Code, the administrative penalty for a first offense is one-hundred
and fifty dollars.
Item 07D
Monday, September 24, 2012
Page 3
In addition, under 512.11, subd. 2 of the Code, the employee who sold the cigarettes can
also receive an administrative penalty (in addition to the court citation issued) for violating
Chapter 512. This section of the City Code states:
512.11: VIOLATIONS AND PENALTY:
Subd. 2. Individuals: Any person who sells tobacco to a person under the
age of eighteen (18) years shall be charged an administrative penalty of one
hundred dollars ($100.00) for a first offense and fifty dollars ($50.00)
additional for every subsequent offense. This penalty shall be in addition to
the penalty charged under Section 512.11, Subd. 1. No penalty under this
Subdivision, shall take effect until the person against whom the penalty will
be charged has received notice, served personally or by mail, of the alleged
violation, and has had an opportunity for a hearing before the City Council.
The notice shall provide information on how and where a hearing may be
requested. The hearing must be requested within ten (10) business days of
notice delivery. A decision by the City Council that a violation of this Section
has occurred shall be in writing. Judicial appeal shall be as provided for by
state law.
If the City Council wishes to issue an administrative penalty to the employee who sold the
cigarettes, then Staff will be required to notify the employee in accordance with the City
Code.
Recommendation:
Staff recommends issuing an administrative penalty in the amount of one-hundred and fifty
dollars to Sam’s Market for violating Chapter 512 for selling cigarettes to someone under
the age of eighteen.
Respectfully Submitted,
__________________________
Desaree Crane
Assistant City Administrator
RESOLUTION 7995
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AUTHORIZING AN ADMINISTRATIVE PENALTY TO
SAM’S MARKET LOCATED AT 2408 COUNTY ROAD I FOR
VIOLATION OF SECTION 512 OF THE MOUNDS VIEW CITY CODE
WHEREAS, on August 27, 2012, the Mounds View Police Department, along with
the North Suburban Tobacco Compliance Project, conducted tobacco compliance checks
on the thirteen licensed businesses that sell tobacco and cigarettes; and
WHEREAS, Sam’s Market, located at 2408 County Road I, failed the compliance
check by selling cigarettes to someone under the age of eighteen; and
WHEREAS, selling tobacco and cigarettes to someone under the age of eighteen, is
in violation of state law and the Mounds View City Code Chapter 512; and
WHEREAS, under Section 512.11, subd. 1, of the City Code states that if a licensee
or an employee of a licensee violates any provision of Chapter 512, the licensee shall be
charged an administrative penalty of one-hundred fifty dollars; and
WHEREAS, Sam’s Market was notified by certified mail of the violation and
administrative penalty in accordance with the City Code.
NOW, THEREFORE BE IT RESOLVED, that under Section 512.11, subd 1, of the
Mounds View City Code, Sam’s Market shall be issued an administrative penalty in the
amount of one-hundred fifty dollars for violating Chapter 512 of the City Code for selling
cigarettes to someone under the age of eighteen.
Adopted this 24th day of September, 2012.
__________________________________
Joe Flaherty, Mayor
ATTEST:
__________________________________
James Ericson, City Administrator
(seal)
Item No: 07E
Meeting Date: September 24, 2012
Type of Business: CB
Administrator Review : ____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Desaree Crane, Assistant City Administrator
Item Title/Subject: Resolution 7996, Authorizing an Administrative Penalty to
Walgreens, located at 2387 County Road 10, for Violation of
Chapter 512 of the Mounds View City Code
Background:
In accordance of the Mounds View City Code Section 512.09, it states:
512.09: COMPLIANCE CHECKS AND INSPECTIONS:
All licensed premises shall be open to inspection by the police department or
other authorized City official during regular business hours. From time to
time, but at least once per year, the City shall conduct compliance checks by
engaging, with the written consent of their parents or guardians, minors over
the age of 15 years but less than 18 years to enter the licensed premise to
attempt to purchase tobacco, tobacco products, tobacco-related devices, or
nicotine or lobelia delivery devices. Minors used for the purpose of
compliance checks shall be supervised by city designated law enforcement
officers or other designated city personnel. Minors used for compliance
checks shall not be guilty of unlawful possession of tobacco, tobacco
products, tobacco-related devices, or nicotine or lobelia delivery devices
when those items are obtained as a part of the compliance check. No minor
used in compliance checks shall attempt to use a false identification
misrepresenting the minor's age, and all minors lawfully engaged in a
compliance check shall answer all questions about the minor's age asked by
the licensee or his or her employee and shall produce any identification, if
any exists, for which he or she is asked. Nothing in this Chapter shall prohibit
compliance checks authorized by state or federal laws for educational,
research, or training purposes, or required for the enforcement of a particular
state or federal law.
On August 27, 2012, the Mounds View Police Department, along with the coordination of
the North Suburban Tobacco Compliance Project, conducted tobacco compliance checks
on the thirteen licensed businesses that sell tobacco and cigarettes. Four of the thirteen
failed the compliance checks, which were:
CVS Pharmacy – 2800 County Road 10
Mounds View BP – 2155 County Road 10
Sam’s Market – 2408 County Road I
Walgreens – 2387 County Road 10
Item 07E
Monday, September 24, 2012
Page 2
The employee who sold the cigarettes in each case was issued a court citation for violating
Minnesota State Statute Section 609.685, subd 1a, which states that sale of tobacco to
someone under the age of eighteen is guilty of a misdemeanor.
Discussion:
Mounds View City Code Chapter 512 covers cigarette and tobacco products. Selling
cigarettes and tobacco to someone under the age of eighteen violates state law and the
City Code. Under Section 512.11 of the City Code a licensee or employee who violates any
provision of Chapter 512, shall be charged with an administrative penalty. Section 512.11,
subd 1, of the Code states:
512.11: VIOLATIONS AND PENALTY:
Subd. 1. Licensees: If a licensee or an employee of a licensee violates any
provision of this Chapter, the licensee shall be charged an administrative
penalty of one hundred fifty dollars ($150.00). If a licensee or an employee of
a licensee violates any provision of this Chapter a second time at the same
location within twenty four (24) months of the initial violation, the licensee
shall be charged an administrative penalty of four hundred dollars ($400.00).
If a licensee or an employee of a licensee violates any provision of this
Chapter a third time at the same location within twenty four (24) months of
the initial violation, the licensee shall be charged an administrative penalty of
five hundred dollars ($500.00). No penalty under this Subdivision shall take
effect until the licensee has received notice, served personally or by mail, of
the alleged violation, and has had an opportunity for a hearing before the
City Council. The notice shall provide information on how and where a
hearing may be requested. The hearing must be requested by the licensee
within ten (10) business days of notice delivery. A decision by the City
Council that a violation of this Chapter has occurred shall be in writing.
Judicial appeal shall be as provided for by state law.
After Staff was notified of the compliance failures, Staff drafted letters to the four
businesses that failed the compliance checks. Staff notified the businesses that a hearing
will take place at the September 24, 2012, City Council Meeting to discuss the violation and
the administrative penalty. All letters were sent by certified mail. Attached is the letter that
was sent to Walgreens on September 11, 2012, notifying them of the compliance violation,
the administrative penalty, and the hearing. This is a first violation for Walgreens. Under
the City Code, the administrative penalty for a first offense is one-hundred and fifty dollars.
Item 07E
Monday, September 24, 2012
Page 3
In addition, under 512.11, subd. 2 of the Code, the employee who sold the cigarettes can
also receive an administrative penalty (in addition to the court citation issued) for violating
Chapter 512. This section of the City Code states:
512.11: VIOLATIONS AND PENALTY:
Subd. 2. Individuals: Any person who sells tobacco to a person under the
age of eighteen (18) years shall be charged an administrative penalty of one
hundred dollars ($100.00) for a first offense and fifty dollars ($50.00)
additional for every subsequent offense. This penalty shall be in addition to
the penalty charged under Section 512.11, Subd. 1. No penalty under this
Subdivision, shall take effect until the person against whom the penalty will
be charged has received notice, served personally or by mail, of the alleged
violation, and has had an opportunity for a hearing before the City Council.
The notice shall provide information on how and where a hearing may be
requested. The hearing must be requested within ten (10) business days of
notice delivery. A decision by the City Council that a violation of this Section
has occurred shall be in writing. Judicial appeal shall be as provided for by
state law.
If the City Council wishes to issue an administrative penalty to the employee who sold the
cigarettes, then Staff will be required to notify the employee in accordance with the City
Code.
Recommendation:
Staff recommends issuing an administrative penalty in the amount of one-hundred and fifty
dollars to Walgreens for violating Chapter 512 for selling cigarettes to someone under the
age of eighteen.
Respectfully Submitted,
__________________________
Desaree Crane
Assistant City Administrator
RESOLUTION 7996
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AUTHORIZING AN ADMINISTRATIVE PENALTY TO
WALGREENS LOCATED AT 2387 COUNTY ROAD 10 FOR
VIOLATION OF SECTION 512 OF THE MOUNDS VIEW CITY CODE
WHEREAS, on August 27, 2012, the Mounds View Police Department, along with
the North Suburban Tobacco Compliance Project, conducted tobacco compliance checks
on the thirteen licensed businesses that sell tobacco and cigarettes; and
WHEREAS, Walgreens, located at 2387 County Road 10, failed the compliance
check by selling cigarettes to someone under the age of eighteen; and
WHEREAS, selling tobacco and cigarettes to someone under the age of eighteen, is
in violation of state law and the Mounds View City Code Chapter 512; and
WHEREAS, under Section 512.11, subd. 1, of the City Code states that if a licensee
or an employee of a licensee violates any provision of Chapter 512, the licensee shall be
charged an administrative penalty of one-hundred fifty dollars; and
WHEREAS, Walgreens was notified by certified mail of the violation and
administrative penalty in accordance with the City Code.
NOW, THEREFORE BE IT RESOLVED, that under Section 512.11, subd 1, of the
Mounds View City Code, Walgreens shall be issued an administrative penalty in the amount
of one-hundred fifty dollars for violating Chapter 512 of the City Code for selling cigarettes
to someone under the age of eighteen.
Adopted this 24th day of September, 2012.
__________________________________
Joe Flaherty, Mayor
ATTEST:
__________________________________
James Ericson, City Administrator
(seal)
Item No: 7F
Meeting Date: September 24, 2012
Type of Business: CB
Administrator Review : ____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Jeremiah Anderson, Housing/Code Enforcement Inspector
Item Title/Subject: Hazardous Building Abatement 8379 Red Oak Dr
Date of Report: September 20, 2012
Introduction:
Staff seeks City Council approval of a resolution authorizing abatement of a Hazardous
Building located at 8379 Red Oak Drive.
Background:
On May 14, 2010 city staff issued an order to vacate regarding the single family dwelling
located at 8379 Red Oak Drive owned by Ann Moe who lives at 8373 Red Oak Drive. This
order to vacate was based on the fact that the house at 8379 Red Oak Drive did not have
water service, sewer service, and electricity provided and had fallen into disrepair. Further
investigation revealed that the water and sewer service lines into the home had been
disconnected by the City of Mounds View at the request of the property owner Ann Moe
several years ago due to the plumbing system in the home falling into disrepair.
In the time since the order to vacate was issued in 2010 there have been numerous contacts at
8379 Red Oak Drive resulting in 5 code enforcement cases being opened.
Discussion:
Minnesota Statute § 463.16 authorizes the governing body of any City or Town to order
the owner of any hazardous building or property within the municipality to correct or
remove the hazardous condition of the building or property, or raze or remove the
building. Additionally, Minnesota Statute § 463.161 authorizes the governing body of any
City or Town to correct or remove the hazardous condition of any hazardous building or
property.
Additionally, Minnesota Statute § 463.15 Subd. 3 defines a hazardous building or
hazardous property as any building or property which because of inadequate
maintenance, dilapidation, physical damage, unsanitary condition, or abandonment,
constitutes a fire hazard or hazard to public safety or health. The single family dwelling
located at 8379 Red Oak Drive meets these definitions and as such, is considered a
hazardous building.
Staff Report
Hazardous Building Abatement
8379 Red Oak Dr
Page 2 of 2
Furthermore, Section 106.5 of the City Housing Code provides the City the authority to
abate, remove or otherwise remedy the violation and take any action permissible under
State law to specially assess or otherwise charge the cost of such abatement, removal,
or remedy against the premises where the violation was located.
Lastly, Section 106.3 of the City’s Housing Maintenance Code allows the City to enforce
the provisions in the Housing Code by an appropriate form of civil action. This section
authorizes the City to require the abatement of everything existing in violation and prohibit
occupancy of the premises until such actions have been completed.
Resolution 7991 satisfies the appropriate provisions of the City Housing Code and
Minnesota Statutes.
Recommendations:
Staff recommends approval of Resolution 7991 authorizing a hazardous building abatement
order for 8379 Red Oak Drive
Respectfully submitted,
Jeremiah Anderson
Housing/Code Enforcement Inspector
Attachments
1. Code Enforcement Case Summaries
2. May 14, 2010 Order to vacate
3. Resolution 7991
1
RESOLUTION NO. 7991
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
ORDERING THE ABATEMENT OF HAZARDOUS CONDITIONS EXISTING AT 8379 RED OAK DRIVE IN THE CITY OF MOUNDS VIEW
WHEREAS, the Building Official of the City of Mounds View has determined that the
building at 8379 Red Oak in the City of Mounds View constitutes a hazardous building within the
meaning of Minnesota Statutes, Section 463.15, Subd. 3; and
WHEREAS, based on the investigation of the Building Official and Housing Inspector it is
recommended that the hazardous building be razed and removed; and
WHEREAS, Minnesota Statutes, Section 463.161 and Mounds View Housing Maintenance
Code Section 106.5 authorize the governing body of any City or town to correct or remove the
hazardous condition of any hazardous building or property;
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View as
follows:
1. The City of Mounds View finds that the building located at 8379 Red Oak Drive in
the City of Mounds View legally described in the attached Abatement Order is a hazardous building
within the meaning of Minnesota Statutes, Section 463.15, Subd. 3 and Mounds View City Code
Chapter 1005.
2. The hazardous building at the foregoing address also constitutes a public nuisance
within the meaning of Minnesota Statutes, Section 561.01, 562.01.
3. An Abatement Order substantially similar to that attached hereto as Exhibit “A” shall
be served upon all required parties in order to effectuate this resolution and remove the hazardous
building on the property.
4. The City Attorney is authorized to take all necessary legal steps to secure compliance
with the Order and to obtain authority to remove the hazardous building by court order or consent
and assess the costs thereof against the property.
Dated this 24th day of September 2012, by the City Council of the City of Mounds View.
__________________________________
Mayor
ATTEST:
__________________________________
City Administrator
(SEAL)
A-1
EXHIBIT A
STATE OF MINNESOTA DIST RICT COURT
COUNTY OF RAMSEY SECOND JUDICIAL DISTRICT
CASE TYPE: OTHER CIVIL
In the Matter of the Hazardous Building
Located at 8379 Red Oak Drive,
Mounds View, Minnesota
) Court File No. ________________
)
) ORDER FOR ABATEMENT
) OF HAZARDOUS BUILDINGS
)
TO: Owner and Lienholders of Record.
The City Council of the City of Mounds View orders that within twenty (20) days of service of
this Order you abate the hazardous conditions which exist on property you own located at 8379 Red
Oak Drive, in the City of Mounds View, which property is legally described as:
MOE HOMESTEAD ADDITION LOT 9 BLOCK 1
The City of Mounds View, pursuant to Minnesota Statutes, Sections 463.15 to 463.261 and
based on the authorization of Resolution No. 7991, adopted on September 24, 2012, a copy of which is
attached hereto and incorporated by reference herein, finds that the building located at the
above-referenced address constitute a hazardous building within the meaning of Minnesota Statutes,
Section 463.15, Subd. 3 and a public nuisance within the meaning of Minnesota Statutes,
Section 561.01. The hazardous conditions existing on this property must be abated according to the
standards established by the City of Mounds View Building Official.
Pursuant to the above-referenced statutes and ordinances, it is hereby ORDERED that you
abate the hazardous property conditions described above and in the housing inspection report attached
as Exhibit A by razing and removing the residential structure and its foundation and restoring a level
grade, within twenty (20) days of the date of service of this ORDER.
You are further advised that unless such corrective action is taken or an Answer is served on the
City and filed with the Ramsey County District Court Administrator within twenty (20) days of the date
of service of this Order upon you, a motion for summary enforcement of this Order will be made to the
Ramsey County District Court.
You are further advised that if you do not comply with this ORDER and the City is compelled
to take any corrective action, all necessary costs incurred by the City in the corrective action will be
assessed against the property pursuant to Minnesota Statutes, Section 463.21. In connection thereto, the
City intends to recover all its expenses incurred in carrying out this ORDER, including specifically but
not exclusively, filing fees, service fees, publication fees, attorneys' fees, appraisers' fees, witness fees,
including expert witness fees and traveling expenses incurred by the City from the time this ORDER
was originally made pursuant to Minnesota Statutes, Section 463.22.
Dated: ___________, 20.
KENNEDY & GRAVEN, CHARTERED
____________________________________
470 Pillsbury Center, 200 South Sixth Street
Minneapolis, MN 55402
(612) 337-9300
ATTORNEY FOR THE
CITY OF MOUNDS VIEW
Item No: 7G
Meeting Date: September 24, 2012
Type of Business: Council Business
Administrator Review : ____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Thomas Kinney, Chief of Police
Item Title/Subject: Resolution 7992 for Approval to Enter Auto Theft Prevention
Grant Agreement with Minnesota State Department of
Commerce
Introduction:
The Minnesota Auto Theft Prevention Program is intended to reduce motor vehicle theft
and its effect on victims throughout the state of Minnesota. This program is being
administered through the State Department of Commerce by offering funding to
agencies to aid in the reduction of vehicle thefts, increase education and awareness of
the public, improve response to vehicle thefts and prosecute offenders.
The Mounds View Police Department made application for this grant with the focus to
reduce auto thefts through the acquisition of an automatic license plate
recognition/reader (ALPR) system. An ALPR is a mobile camera system designed to
take images of license plates, process that information with specific software and
compare the results with a database of stolen/wanted vehicles. A mobile ALPR is
mounted on a squad car and captures license plate images with both a color overview
and infrared camera which then processes these results through an algorithm program.
These systems can capture up to 1800 plates per minute, even while traveling at high
rates of speed.
Discussion:
The goal of this system will be to identify more stolen vehicles in a quick, efficient and
safe manner, as the officer will not have to manually enter the vehicles information to
conduct queries. By identifying higher numbers of stolen vehicles, more offenders can
potentially be arrested, thus reducing the numbers of individuals involved in this criminal
activity. Before implementation of this system, the department intends to have a policy
in place to govern the operation and the collection and retention of data.
The police department has received approval for funding in the amount of $20,500 to
purchase one Elsag MPH-900 ALPR system, which also includes the cost of
consultation, installation and training from the Elsag representative. Elsag is the leading
manufacturer of license plate reader systems in the area. As the grantee, the police
department will be reimbursed the total amount of $20,500 after the submission of an
itemized invoice.
In addition, the police department is also an agency designated to receive one ALPR
unit, at a value of $18,150, in conjunction with an auto theft prevention grant awarded to
the Ramsey County Sheriff’s Department. The Sheriff’s Department made application
for the grant not only to receive an ALPR unit for their own use, but also on behalf of
other cities which include, the Maplewood Police Department, the White Bear Lake
Police Department, the New Brighton Police Department, and the Mounds View Police
Department. Each agency will be receiving a license plate reader system as part of the
grant, with the Sheriff’s Department acting as the fiscal agent. Each city will submit
invoices to the Sheriff’s Department and will receive subsequent reimbursement. The
grant contract is between the Ramsey County Sheriff’s Department and the Department
of Commerce. Each agency is requested to only sign a memorandum of understanding.
Recommendation:
Staff recommends approval to enter into a grant agreement with the State Department
of Commerce to receive one ALPR, not to exceed $20,500 and also to participate with
the Ramsey County Sheriff’s Department as a recipient of a second ALPR unit.
Respectfully Submitted,
__________________
Thomas Kinney
Chief of Police
RESOLUTION NO. 7992
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
APPROVAL TO ENTER AUTO THEFT PREVENTION GRANT AGREEMENT WITH
THE MINNESOTA STATE DEPARTMENT OF COMMERCE
WHEREAS, the Minnesota State Department of Commerce has focused
efforts on reducing motor vehicle theft and its effects on victims in the state of
Minnesota; and
WHEREAS, funding has been made available to aid in the reduction of
vehicle thefts, increase education and awareness of the public, respond to vehicle theft
incidents and prosecute offenders; and
WHEREAS, the Mounds View Police Department made application for a grant
award to reduce automobile thefts through the acquisition of a automatic license plate
reader (ALPR) system; and
WHEREAS, by having an automatic license plate reader officers will be able to
efficiently and safely collect a large volume of data which will recognize and identify stolen
vehicles; and
WHEREAS, this ALPR system can also gather valuable information related to
outstanding warrants and missing or wanted persons; and
WHEREAS, this information can be collected automatically without the
requirement of distracting the officer’s attention to manually enter license information;
and
WHEREAS, the device can be deployed by Mounds View officers during the regular
Ramsey County Traffic Safety saturation events to effectively assist in the identification
and recovery of stolen vehicles in all the cities throughout Ramsey County; and
WHEREAS, the police department intends to purchase one Elsag ALPR system, for
installation on a police squad car, not to exceed $20,500; and
WHEREAS, the police department is also a recipient of an additional ALPR unit, as
a result of a grant awarded to the Ramsey County Sheriff’s Department which included the
Mounds View Police Department and other suburban agencies within Ramsey County.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Mounds View, Ramsey County, Minnesota to enter into an auto theft prevention grant
agreement with the State Department of Commerce to purchase one automatic license
plate recognition (ALPR) system, which includes the installation, training and
consultation at a value of $20,500 and to additionally participate with the Ramsey
County Sheriff’s Department in their auto theft prevention grant by receiving a second
ALPR unit.
Resolution 7992
Page 2
Adopted this 24th day of September 2012.
____________________________________
Joe Flaherty, Mayor
ATTEST: ____________________________________
Jim Ericson, City Administrator
(seal)
Item No: 08A
Meeting Date: September 24, 2012
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 7997, Revising Section 3.40 of the Mounds View
Personnel Pertaining to the Vacation Accrual Schedule
Background:
Recently staff became aware of an ambiguity in the Personnel Manual concerning vacation
accruals. According to Section 3.40 of the Personnel Manual, all regular and part-time
employees averaging 20 hours or more per week are eligible to receive vacation at the
accrual rate below:
Years of Service Days per Year
6 months - 1 year 10 days
1 through 5 years 10 days
After 5 years through 10 years 15 days
After 11 years 16 days
After 12 years 17 days
After 13 years 18 days
After 14 years 19 days
After 15 years 20 days
After 20 years 25 days
Discussion:
While the accrual schedule seems straightforward enough, in actuality, a gap of sorts
occurs in Year 11. Employees accrue 10 days per year through five years of service; the
accrual increases to 15 days per year after the fifth year. The schedule is silent on what
occurs during the eleventh year. To eliminate the ambiguity, a simple fix can be instituted.
Years of Service Days per Year
6 months - 1 year 10 days
1 through 5 years 10 days
After 5 years through 10 years 15 days
After 11 years 16 days
After 12 years 17 days
After 13 years 18 days
After 14 years 19 days
After 15 years 20 days
After 20 years 25 days
The other change suggested above—eliminating the first line—is to further simplify the
schedule. The first line is superfluous and is thus unnecessary.
Item 08A
September 24, 2012
Page 2
Recommendation:
Staff recommends approving Resolution 7997, revising Section 3.40 of the Mounds View
Personnel Manual pertaining to the Vacation Accrual Schedule as noted.
Respectfully Submitted,
__________________________
Desaree Crane
Assistant City Administrator
RESOLUTION 7997
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
REVISING SECTION 3.40 OF THE MOUNDS VIEW PERSONNEL MANUAL
PERTAINING TO THE VACATION ACCRUAL SCHEDULE
WHEREAS, according to Section 3.40 of the Personnel Manual, all regular and part-
time employees averaging 20 hours or more per week are eligible to accrue vacation; and
WHEREAS, Staff became aware of an ambiguity in the vacation accrual schedule for
employees in their eleventh year of employment; and,
WHEREAS, in order to clarify the ambiguity, Staff is recommending revising the
vacation accrual schedule under Section 3.40 of the Mounds View Personnel Manual.
NOW, THEREFORE BE IT RESOLVED, that the Mounds View City Council
approves the following revision to Section 3.40 pertaining to the City’s vacation accrual
schedule:
Years of Service Days per Year
6 months - 1 year 10 days
1 through 5 years 10 days
After 5 years through 10 years 15 days
After 11 years 16 days
After 12 years 17 days
After 13 years 18 days
After 14 years 19 days
After 15 years 20 days
After 20 years 25 days
Adopted this 24th day of September, 2012.
__________________________________
Joe Flaherty, Mayor
ATTEST:
__________________________________
James Ericson, City Administrator
(seal)
Item No: 8B
Meeting Date: September 24, 2012
Type of Business: Consent Agenda
Administrator Review: ____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Nick DeBar, Public Works Director
Item Title/Subject: Resolution 7998, Authorizing LaVan Floor Covering Company to
Install Rubber Flooring in Hillview Park Shelter
Background/Discussion:
One of the enhancements to the design of the newly constructed park shelter at Lambert Park
included installation of skate-blade resistive rubber flooring. This design change replaced a
flimsy, open-mesh, snap-together plastic system that was installed (and currently exists) at the
Hillview and Groveland Park shelters. The rubber flooring has many advantages over the
plastic system, including less maintenance, better aesthetics, sound-deadening properties,
and improved safety.
At the suggestion of City staff and the Park Commission, Bethleham Baptist Church has made
a total donation of $10,000 for installation of rubber flooring at Hillview Park ($3,000 in April
2012 for flooring/furniture needs at Hillview/Groveland Park and $7,000 in September 2012 for
rubber flooring at Hillview Park). Staff solicited a quote proposal for rubber flooring at Hillview
Park from the subcontractor who installed the rubber flooring at Lambert Park. LaVan Floor
Covering Company of Burnsville, Minnesota, provided a quote of $8,716 to furnish and install
the same product used at Lambert Park in the Hillview Park shelter.
Bid costs for furnishing and installing the rubber flooring at Lambert Park ranged from $8,365
to $13,908. There are additional costs at Hillview that were not needed at Lambert, including
cleaning and prepping the existing concrete slab and furnishing and installing a vinyl cove
base.
Recommendation:
Public Works recommend that the City Council adopt the attached resolution to authorize the
furnishing and installation of the blade-resistive rubber flooring at Hillview Park shelter for
$8,716. Any remaining monies of the $10,000 BBC donation will be used toward future
furniture replacement. If adopted, the rubber flooring will be installed before ice skating
operations this winter.
Respectfully submitted,
Nick DeBar - Public Works Director
RESOLUTION 7998
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AUTHORIZING LAVAN FLOOR COVERING COMPANY TO INSTALL RUBBER
FLOORING IN HILLVIEW PARK SHELTER
WHEREAS, the Hillview Park shelter is used for ice skating and hockey operations
during winter months; and
WHEREAS, Public Works recommends replacing the existing open-mesh plastic
flooring in Hillview Park shelter with blade-resistive rubber flooring similar to the recently
completed Lambert Park shelter for reasons of less maintenance, better aesthetics, sound-
deadening properties, and improved safety better maintenance; and
WHEREAS, LaVan Floor Covering Company of Burnsville, Minnesota provided a
quote proposal for $8,716 to furnish and install blade-resistive rubber flooring at Hillview
Park shelter, including floor preparation and vinyl cove base; and
WHEREAS, Bethleham Baptist Church has donated $3,000 for flooring/furniture at
Hillview/Groveland Park shelters (Res. 7925) and $7,000 for rubber flooring at Hillview Park
(Res. 7990) for a total of $10,000 to be used toward the flooring improvements.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds
View, Ramsey County, Minnesota as follows:
1. The quote proposal submitted by LaVan Floor Covering Company to furnish and install
blade-resistive rubber flooring at Hillview Park shelter for $8,716 is hereby accepted by
the City.
2. The Director of Public Works is hereby authorized and directed, for and on behalf of the
City, to enter into agreement with LaVan Floor Covering Company for said work at said
price.
3. A 10% contingency of $870 is approved in the event that additional related or
unforeseen work is required to complete the work for a total amount not to exceed
$9,586. The use of contingency monies will require pre-approval by the Director of
Public Works.
Adopted this 24th day of September, 2012.
____________________________________
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 13, 2012 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, Stigney, Hull, Mueller, Gunn. 16
17
NOT PRESENT: None. 18
19
4. APPROVAL OF AGENDA 20
A. Monday, August 13, 2012, City Council Agenda. 21
22
Mayor Flaherty requested an item be added to the agenda under Special Order of Business 23
reading a Letter of Recognition to the Mounds View Police Department. 24
` 25
MOTION/SECOND: Mueller/Hull. To Approve the Monday, August 13, 2012, agenda as 26
amended. 27
28
Ayes – 5 Nays – 0 Motion carried. 29
30
5. PUBLIC INPUT 31
32
None. 33
34
6. SPECIAL ORDER OF BUSINESS 35
A. Letter of Recognition for the Mounds View Police Department. 36
37
Mayor Flaherty read aloud for the record, a letter of recognition commending the Mounds View 38
Police Department on addressing a recent burglary spree. He thanked the Police Department for 39
their diligence in reaching a successful outcome on behalf of the Mounds View residents. 40
41
Police Chief Kinney was proud of his officers and the teamwork demonstrated in solving this 42
case. 43
44
7. COUNCIL BUSINESS 45
Mounds View City Council August 13, 2012
Regular Meeting Page 2
A. Introduction and First Reading of Ordinance 873, an Ordinance 1
Implementing a Franchise Fee on Xcel Energy Electric and Natural Gas 2
Operations within the City of Mounds View. 3
4
Finance Director Beer stated this was the first of two readings of an Ordinance implementing a 5
franchise fee on Xcel Energy Electric and Natural Gas operations that take place in the City. He 6
explained the public hearing for the Ordinance would take place on August 27, 2012. He noted 7
this Ordinance would continue the 4% franchise fee and discussions continued on the renewal. 8
Staff recommended the Council hold the First Reading and Introduce Ordinance 873. 9
10
Council Member Hull questioned how long the new contract would be after negotiations were 11
settled. Finance Director Beer stated the contract would be for 20 years. 12
13
MOTION/SECOND: Mueller/Gunn. To Waive the First Reading and Introduce Ordinance 873, 14
an Ordinance Implementing a Franchise Fee on Xcel Energy Electric and Natural Gas Operations 15
within the City of Mounds View. 16
17
Ayes – 5 Nays – 0 Motion carried. 18
19
B. Introduction and First Reading of Ordinance 874, an Ordinance 20
Implementing a Franchise Fee on Center Point Energy Natural Gas 21
Operations within the City of Mounds View. 22
23
Finance Director Beer stated this was the first of two readings of an Ordinance implementing a 24
franchise fee on Center Point Energy Natural Gas operations that take place in the City. At this 25
time, Center Point Energy only had one customer in the City of Mounds View. He explained the 26
public hearing for the Ordinance would take place on August 27, 2012. He noted this Ordinance 27
would continue the 4% franchise fee and discussions continued on the renewal. Staff 28
recommended the Council hold the First Reading and Introduce Ordinance 874. 29
30
MOTION/SECOND: Mueller/Stigney. To Waive the First Reading and Introduce Ordinance 31
874, an Ordinance Implementing a Franchise Fee on Center Point Energy Natural Gas Operations 32
within the City of Mounds View. 33
34
Ayes – 5 Nays – 0 Motion carried. 35
36
C. Resolution 7976, Adopting the Ramsey County All Hazard Mitigation Plan. 37
38
Police Chief Kinney explained Ramsey County had an All Hazard Mitigation Plan before the 39
Council this evening for approval. This plan was a Federal requirement in order for the City to 40
be eligible for future grants and Federal funding. The plan itself addressed hazards throughout 41
the County while providing risk assessment. 42
43
Police Chief Kinney indicated the plan was lengthy but thorough and public input was provided 44
in the plan. Staff recommended approval of the all hazards mitigation plan. 45
Mounds View City Council August 13, 2012
Regular Meeting Page 3
1
Council Member Mueller thanked Police Chief Kinney and the many volunteers for taking part in 2
the thorough risk analysis as the City would be better prepared with this mitigation plan in place. 3
She suggested the gas line running through the community be added to the plan in the future. 4
She then requested the spelling of Holman Field be corrected in the document on Page 14. 5
6
Karma Kumlin-Diers, Ramsey County Emergency Management and Department of Homeland 7
Security, stated she would make a note of the misspelling and added that she would look into the 8
pipeline. She noted she would pass the thanks along to her co-workers. 9
10
Mayor Flaherty stated the thought and preparation provided in this plan would serve the 11
community well. He also thanked Karma Kumlin-Diers, all volunteers and Police Chief Kinney 12
for their work on this document. He was pleased that the County and City had plans in place. 13
14
MOTION/SECOND: Mueller/Stigney. To Waive the Reading and Adopt Resolution 7976, 15
Adopting the Ramsey County All Hazard Mitigation Plan. 16
17
Ayes – 5 Nays – 0 Motion carried. 18
19
D. Resolution 7981, Zoning Review of a Proposed Use in a B-1, Neighborhood 20
Business District at Sam’s Market, 2408 County Road I. 21
22
Planning Associate Heller stated Sam’s Market, located at 2408 County Road I, was requesting 23
to expand their business to provide a deli area complete with 64 square feet of cooking facilities, 24
consisting of an oven and fryer. This would allow Sam’s Market to provide hot take-out food for 25
their clientele. Staff explained the Planning Commission reviewed this issue and recommended 26
approval of the proposed use in the B-1 Neighborhood Business District. 27
28
Council Member Mueller understood the site was leased and asked if the property owner 29
approved of the expanded use. Ahmad Muqbil, Sam’s Market, indicated he had discussed this 30
with the property owner and had their full support. 31
32
Mayor Flaherty thanked Mr. Muqbil for working through the concerns with the fire marshal. 33
34
MOTION/SECOND: Gunn/Mueller. To Waive the Reading and Adopt Resolution 7981, 35
Approving up to 64 Square Feet of Cooking Area in Sam’s Market, 2408 County Road I. 36
37
Ayes – 5 Nays – 0 Motion carried. 38
39
E. Resolution 7975, Approving a One-Year Extension for a Variance on the 40
Longview Estates Vacant Property at Silver Lake Road & County Road H2. 41
42
Planning Associate Heller indicated in August of 2010 the Council passed an appeal for a 43
variance from Harstad Companies for a property at Silver Lake Road and County Road H2. This 44
property has been undeveloped for years. Due to the lack of demand for housing at this time, the 45
Mounds View City Council August 13, 2012
Regular Meeting Page 4
site has still not been developed, but the property owner was hopeful the site could be platted in 1
2013, which would complete the variance. Staff recommended approval of the one-year 2
extension to the variance. 3
4
Mayor Flaherty requested further information on why the Planning Commission denied the 5
variance, while the Council approved. Planning Associate Heller explained the Planning 6
Commission did not find a hardship with this case. The Council approved the variance with only 7
10 lots, which would preserve more wetland. 8
9
MOTION/SECOND: Mueller/Gunn. To Waive the Reading and Adopt Resolution 7975, 10
Approving a One-Year Extension for a Variance on the Longview Estates Vacant Property at 11
Silver Lake Road & County Road H2. 12
13
Ayes – 5 Nays – 0 Motion carried. 14
15
F. Resolution 7979, Approving Grading and Irrigation Improvements at 16
Lambert Park. 17
18
Public Works Director DeBar stated that recently Lambert Park has had a number of 19
improvements. The City rebuilt the park shelter and adjusted the on-street parking. City Staff 20
and the Park Commission have been working on how to better utilize the space. A goal for the 21
park would be to irrigate the park, which would greatly improve the health of the turf surface. 22
23
Public Works Director DeBar commented that Public Works solicited quotes from several 24
irrigation contractors and the low bid was provided by True North Landscaping out of Ham Lake, 25
Minnesota, in an amount of $19,970. True North Landscaping also provided staff a quote to 26
grade, topsoil and sod 1,500 square yards in and around the park shelter for $4,120. Staff and the 27
Parks Commission recommended moving forward with this work. 28
29
Mayor Flaherty reviewed the work that would be completed stating the total for this year would 30
be $24,000, plus the expense of a new fence for the ball field. He indicated the Council has 31
made the City parks a priority and he was in favor of irrigating Lambert Park. 32
33
MOTION/SECOND: Gunn/Hull. To Waive the Reading and Adopt Resolution 7979, 34
Approving Grading and Irrigation Improvements at Lambert Park. 35
36
Ayes – 5 Nays – 0 Motion carried. 37
38
G. Resolution 7980, Approving Playground Equipment Replacement at 39
Lambert Park. 40
41
Public Works Director DeBar stated that the improvements being made to Lambert Park also 42
included replacement of the playground equipment. This year’s budget included $100,000 to 43
replace the equipment at Silver View Park. However, with work being completed at Lambert 44
Park and the age of the current structure, Staff and the Parks Commission recommend proceeding 45
Mounds View City Council August 13, 2012
Regular Meeting Page 5
with the equipment replacement at Lambert Park. 1
2
Public Works Director DeBar explained he solicited bids on the playground equipment layout 3
prepared by Minnesota/Wisconsin Playground of Golden Valley, Minnesota. The recommended 4
layout would cost $72,744.67, which includes furnishing and installing three playground units, a 5
concrete border, and engineered wood fiber media. The proposed layout was discussed in detail 6
with the Council. 7
8
Public Works Director DeBar indicated that Minnesota/Wisconsin Playground was on the 9
national cooperative venture (similar to state cooperative venture) and has furnished and installed 10
previous playground equipment in Mounds View in a satisfactory manner. Staff and the Parks 11
Commission recommended the Council approve the playground equipment replacement at 12
Lambert Park. 13
14
Council Member Mueller questioned the color scheme of the playground equipment. Public 15
Works Director DeBar stated Staff was recommending a green and brown color scheme. These 16
colors seemed to resist fading in the long-run and would blend in well with the nearby park 17
shelter. 18
19
Council Member Stigney requested the location of the concrete border. Public Works Director 20
DeBar reviewed the location with the Council. 21
22
Mayor Flaherty was pleased with the proposed design of the playground equipment. 23
24
MOTION/SECOND: Gunn/Stigney. To Waive the Reading and Adopt Resolution 7980, 25
Approving Playground Equipment Replacement at Lambert Park. 26
27
Council Member Mueller asked if the quoted price included installation of the playground 28
equipment. Public Works Director DeBar stated the installation was included in the quoted price 29
and the concrete sidewalk around the equipment. 30
31
Public Works Director DeBar asked which colors the Council wanted to proceed with on the 32
playground equipment. The Council recommended the brown and green color scheme. 33
34
Ayes – 5 Nays – 0 Motion carried. 35
36
8. CONSENT AGENDA 37
A. Resolution 7974, Accepting and Approving the Allocation of the Twin Cities 38
Gateway 2012 Community Festivals and Events Grant. 39
B. Set a Public Hearing for Monday, August 27, 2012 at 7:15 p.m. to Consider a 40
Conditional Use Permit for a Tire and Auto Repair Business at 2832 County 41
Road 10. 42
C. Resolution 7978, Renewal of Training Contract with Century College. 43
D. Resolution 7982, Calling for a Public Hearing by the City Council on the 44
Proposed Modification to the Project Plan for the Mounds View Economic 45
Mounds View City Council August 13, 2012
Regular Meeting Page 6
Development Project and the Proposed Modification of Tax Increment 1
Financing Districts Nos. 1, 2 and 3. 2
3
MOTION/SECOND: Gunn/Mueller. To Approve the Consent Agenda as presented. 4
5
Ayes – 5 Nays – 0 Motion carried. 6
7
9. JUST AND CORRECT CLAIMS 8
9
Finance Director Beer answered the Council's questions related to claims. 10
11
MOTION/SECOND: Mueller/Hull. To Approve the Just and Correct Claims as presented. 12
13
Ayes – 5 Nays – 0 Motion carried. 14
15
10. APPROVAL OF MINUTES 16
17
None. 18
19
11. REPORTS 20
A. Reports of Mayor and Council. 21
22
Council Member Mueller noted the Primary Election date was August 14, 2012 and residents 23
could vote at the Mounds View Community Center. She then discussed an upcoming Minnesota 24
Women in Local Government Meeting that she would be attending on Wednesday, August 15th. 25
Then on Thursday, August 16, 2012 at 6:00 p.m. she invited the public to participate in Music in 26
the Park, which would feature the Teddy Bear Band. 27
28
Council Member Mueller indicated on Friday, August 17th, volunteers are needed to set up for 29
the Car Show at 5:00 p.m. All those interested in volunteering should contact City Hall. She 30
invited all to attend Festival in the Park this Saturday, August 18th and then reviewed the list of 31
events scheduled for the Festival in the Park noting a fun run would take place at 8:00 a.m. along 32
with the Car Show with the parade starting at 10:00 a.m. It was noted there would be a K-9 33
demonstration put on by the police department at the Festival this year. 34
35
Council Member Mueller thanked Heidi Steinmetz and the Vanessa VanAlstine for promoting 36
Festival in the Park on the City’s website and the local cable channel. 37
38
Mayor Flaherty stated DJ Chuck would be providing prizes at the Car Show. He commented 39
Jonah and the Whales would be providing music this year. 40
41
Mayor Flaherty explained the water tower was currently being refurbished. Public Works 42
Director DeBar discussed the work being completed on the water tower in detail noting all 43
antennas were removed and would be replaced. 44
45
Mounds View City Council August 13, 2012
Regular Meeting Page 7
B. Reports of Staff. 1
2
1. Finance Quarterly Report 3
4
Finance Director Beer discussed the Finance Departments 2nd Quarter Report through June 30 of 5
2012. He explained tax revenues have yet to be received, but would change in the 3rd quarter. 6
He noted building permits and fees were ahead of schedule, while interest revenues were down. 7
The expenditures in the General Fund were discussed. He commented all departments were 8
expending wisely and were on or below budget. 9
10
Finance Director Beer indicated the Community Center Banquet Room had higher revenues than 11
anticipated. The City continues to see cost savings through the Street and Utility Improvement 12
Program. For this reason, the City would be able to complete the last portion of the program in 13
2015. He further discussed the reduced investment interest rates, along with mortgage loan 14
concerns and local foreclosures. 15
16
Mayor Flaherty stated the Community Center chairs would be purchased with unobligated LGA 17
funds available in this year’s budget. This would assure that the budget would not be increased 18
for 2012. Finance Director Beer stated the City received $160,000 in LGA funds for the first 19
portion of the year. 20
21
2. Police Department Quarterly Report 22
23
Police Chief Kinney reviewed the 2nd Quarter report for the Police Department. He highlighted 24
several key events that took place over the last quarter noting adult arrest numbers were on the 25
rise, along with citations. This was a reflection of the efforts of the police officers on patrol in 26
the City of Mounds View. 27
28
Mayor Flaherty asked if crime was on the rise or if the police officers were just more diligent in 29
making arrests. Police Chief Kinney indicated the department was becoming more diligent in 30
making traffic stops, handing out citations, and following up with warrants. In addition, the 31
department had a number of new hires and this was assisting with the patrol stops. 32
33
Police Chief Kinney discussed the activity at Edgewood Middle School by Officer Ben Nitter. 34
He then discussed the DARE program and the alcohol compliance checks noting all businesses in 35
Mounds View passed. He described the recent Towards Zero Deaths activities, which focused 36
on safe and sober driving. 37
38
Police Chief Kinney stated the biggest event that took place in the 2nd quarter was the graduation 39
of Officer Ericson and K-9 Niko. The City has greatly benefited from the addition of a K-9 40
officer to its department. He commented the Back to the 50’s event hosted by The Mermaid was 41
a successful event in the community. 42
43
Police Chief Kinney indicated the Police Department recently launched a Facebook page with 44
information on Niko and local crime alerts. A link was provided to the site from the City’s 45
Mounds View City Council August 13, 2012
Regular Meeting Page 8
website. He indicated several officers and Niko participated in the recent Special Olympics 1
Torch Run. 2
3
Council Member Gunn requested further information on National Night Out. Police Chief 4
Kinney stated the event was a huge success in the City with 35 events registered with the 5
department. He enjoyed attending the various events and received a great deal of positive 6
feedback from the residents. 7
8
Council Member Mueller thanked Police Chief Kinney for the update on the event that took 9
place over the past weekend. 10
11
City Administrator Ericson announced he met with the vendor regarding the City Hall sign. He 12
indicated the vendor was asked to make the repair at their expense. Staff was hoping the sign 13
would work through the end of 2012. A replacement sign was being investigated that would 14
allow three lines of text. 15
16
City Administrator Ericson indicated he attended a Charter Commission meeting last week along 17
with Finance Director Beer and Public Works Director DeBar. Staff provided answered 18
questions and provided information to the Charter Commission. He noted the Charter 19
Commission currently had four vacant seats and were seeking volunteers and applications were 20
available at City Hall. 21
22
City Administrator Ericson commented the Council has been discussing the County Road 10 23
corridor revitalization. Estimates were received for the painting the traffic signals with the first 24
vendor estimating the expense to be $27,025. An additional bid was requested by staff and this 25
bid came in at $27,700. If the Council would like to move forward with this work, staff would 26
need direction on how to proceed. 27
28
City Administrator Ericson indicated the corridor and median would be cleaned this week by the 29
Shoreview Department of Corrections prior to Festival in the Park this weekend. In addition, the 30
Public Works crew would be hanging banners this week. 31
32
City Administrator Ericson noted he received feedback from Planning Associate Heller and Greg 33
Johnson of Coventry Senior Living. The City was anticipating receiving plans from Coventry in 34
the next week or so. 35
36
Mayor Flaherty requested further information from Staff on how the traffic signals in the County 37
Road 10 corridor would be refurbished. City Administrator Ericson indicated he could provide 38
further specifications. He explained the poles would be sandblasted and repainted a light brown 39
color. He noted the City would need to complete this work at some point in time, as the County 40
would not cover this expense. 41
42
Council Member Gunn asked if LGA funds could be used to cover this expense. Finance 43
Director Beer stated this would be an option to the Council. 44
45
Mounds View City Council August 13, 2012
Regular Meeting Page 9
City Administrator Ericson asked if the Council would like to have Staff bring forward a 1
Resolution to consider the repainting of the signals on the County Road 10 corridor. The 2
Council was in favor of this recommendation. 3
4
Council Member Mueller questioned when Coventry would break ground. City Administrator 5
Ericson was not certain of a ground breaking date. He noted he would have Planning Associate 6
Heller contact Greg Johnson to coordinate a ground breaking ceremony. 7
8
Public Works Director DeBar provided a brief update on the intersection of Silver Lake Road 9
and County Road 10 stating the County would be completing this work in-house. 10
11
Council Member Mueller thanked Mayor Flaherty and City Administrator Ericson for sending a 12
letter to Tony Bennett explaining the City’s concerns with the expense of resigning the County 13
Highway 10 corridor. 14
15
C. Reports of City Attorney. 16
17
City Attorney Riggs had nothing additional to report. 18
19
12. Next Council Work Session: TUESDAY, September 4, 2012, at 7:00 p.m. 20
Next Council Meeting: Monday, August 27, 2012, at 7:00 p.m. 21
22
13. ADJOURNMENT 23
24
The meeting was adjourned at 8:47 p.m. 25
26
Transcribed by: 27
28
Heidi Guenther 29
TimeSaver Off Site Secretarial, Inc. 30
PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1
CITY OF MOUNDS VIEW 2
RAMSEY COUNTY, MINNESOTA 3
4
Regular Meeting 5
August 27, 2012 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, Stigney, Hull, Mueller, Gunn. 16
17
NOT PRESENT: None. 18
19
4. APPROVAL OF AGENDA 20
A. Monday, August 27, 2012, City Council Agenda. 21
22
MOTION/SECOND: Mueller/Hull. To Approve the Monday, August 27, 2012, agenda as 23
presented. 24
25
Ayes – 5 Nays – 0 Motion carried. 26
27
5. PUBLIC INPUT 28
29
None. 30
31
6. SPECIAL ORDER OF BUSINESS 32
A. Presentation of Two “Festival in the Park” Car Show Trophies. 33
34
Mayor Flaherty and Council Member Mueller presented Joe Walczak of Columbia Heights with 35
a trophy for his 1968 Mustang Convertible. Council Member Mueller thanked Mr. Walczak for 36
bringing his vehicle to this year’s Festival in the Park Car Show. A round of applause was 37
offered by Council and staff. 38
39
Mayor Flaherty then presented Pat Simmer of Blaine with the Mayor’s Choice trophy for his 40
1929 Ford Model A Convertible. He appreciated the age and condition of the vehicle and 41
thanked Mr. Simmer for bringing his vehicle to the Festival in the Park Car Show. A round of 42
applause was offered by Council and staff. 43
44
7. COUNCIL BUSINESS 45
Mounds View City Council August 27, 2012
Regular Meeting Page 2
A. 7:05 p.m. Public Hearing, Second Reading and Adoption of Ordinance 873, 1
an Ordinance Implementing a Franchise Fee on Xcel Energy Electric and 2
Natural Gas Operations within the City of Mounds View. 3
4
Finance Director Beer indicated this item was the second reading and adoption of Ordinance 874 5
implementing a 4% franchise fee on Xcel Energy for electric and natural gas operations in the 6
City of Mounds View. He discussed how the franchise fees were used by the City. He noted this 7
was the end of the current franchise and renewals were being negotiated by Kennedy & Graven at 8
this time. Staff recommended the Council adopt the Ordinance. 9
10
Mayor Flaherty opened the public hearing at 7:05 p.m. 11
12
Hearing no public input, Mayor Flaherty closed the public hearing at 7:05 p.m. 13
14
MOTION/SECOND: Mueller/Gunn. To Waive the Second Reading and Adopt Ordinance 873, 15
an Ordinance Implementing a Franchise Fee on Xcel Energy Electric and Natural Gas 16
Operations within the City of Mounds View and publish the Ordinance summary. 17
18
ROLL CALL: Hull/Stigney/Mueller/Gunn/Flaherty. 19
20
Ayes – 5 Nays – 0 Motion carried. 21
22
B. 7:10 p.m. Public Hearing, Second Reading and Adoption of Ordinance 874, 23
an Ordinance Implementing a Franchise Fee on Center Point Energy Natural 24
Gas Operations within the City of Mounds View. 25
26
Finance Director Beer indicated this item was the second reading and adoption of Ordinance 874 27
implementing a 4% franchise fee on Center Point Energy for natural gas operations in the City of 28
Mounds View. He discussed how the franchise fees were used by the City and recommended the 29
Council adopt the Ordinance. 30
31
Mayor Flaherty opened the public hearing at 7:09 p.m. 32
33
Hearing no public input, Mayor Flaherty closed the public hearing at 7:09 p.m. 34
35
Council Member Mueller questioned if the franchise fee would continue to be reviewed on an 36
annual basis. Finance Director Beer stated this was the case. 37
38
MOTION/SECOND: Gunn/Mueller. To Waive the Second Reading and Adopt Ordinance 874, 39
an Ordinance Implementing a Franchise Fee on Center Point Energy Natural Gas Operations 40
within the City of Mounds View and publish the Ordinance summary. 41
42
ROLL CALL: Hull/Stigney/Mueller/Gunn/Flaherty. 43
44
Ayes – 5 Nays – 0 Motion carried. 45
Mounds View City Council August 27, 2012
Regular Meeting Page 3
1
C. 7:15 p.m. Public Hearing, Resolution 7984, a Conditional Use Permit for 2
Tires n More, a Tire and Auto Repair Business located at 2832 County Road 3
10. 4
5
Planning Associate Heller requested the Council consider a conditional use permit request for 6
the property at 2832 County Road 10. She explained the applicant, Naoufel Soussi , was 7
proposing to use the property as a tire store and auto repair business. She noted the site was 8
located al ong the County Road 10 corridor and was currently vacant. Staff reviewed the land 9
map and Comprehensive Plan Land Use Maps for this property. She indicated the site was 10
Community Commercial currently and in the future is designated to Mixed Use Commercial. 11
She noted the proposed use fit well into the County Road 10 corridor. 12
13
Planning Associate Heller further discussed the parking lot for this parcel noting the applicant 14
was applying for a variance given the fact the CVS development directly adjacent to the site had 15
developed prior to this site without completing the parking lot jointly. She stated the parking lot 16
improvements would greatly enhance the site. 17
18
Planning Associate Heller commented the applicant was proposing to screen between the site and 19
the residential homes with a six to eight foot privacy fence. The fence would provide screening 20
along with additional security to the site. She noted she spoke with the Fire Marshal regarding 21
the site and there were some concerns with tire storage. For this reason, sprinklers may need to 22
be added to the building. The City would give the applicant one year to complete this task, given 23
the expense of the sprinkler system. 24
25
Planning Associate Heller explained the Planning Commission recommended approval of the 26
conditional use permit for Tires N More at their August 15th meeting. 27
28
Mayor Flaherty opened the public hearing at 7:20 p.m. 29
30
Hearing no public input, Mayor Flaherty closed the public hearing at 7:20 p.m. 31
32
Council Member Hull asked if the neighbors had been informed of the public hearing. Planning 33
Associate Heller commented neighbors were notified along with CVS and no comments have 34
been brought to the City. She indicated she would continue to work with CVS and the applicant 35
to resolve the parking lot concerns. 36
37
Mayor Flaherty welcomed Mr. Soussi to the City of Mounds View and questioned the hours of 38
operation for Tires N More. Naoufel Soussi, the applicant, explained the business would be open 39
Monday through Friday from 9:00 a.m. - 6:00 p.m. and on Saturday from 9:00 a.m. - 5:00 p.m. 40
41
Council Member Mueller clarified that Rydell Auto Group does sell tires and repairs vehicles in 42
the City. She then asked how the site would be accessed from County Road 10. Mr. Soussi 43
explained that after work was completed traffic would be directed to the CVS entrance with 44
traffic routed to the rear of the building. Planning Associate Heller explained that a shared cross 45
Mounds View City Council August 27, 2012
Regular Meeting Page 4
access easement was in place between this property and CVS. 1
2
Council Member Mueller inquired where a sign would be located on this site. Mr. Soussi 3
indicated he would be placing a sign near the existing pylon sign and on the east side of the 4
building. 5
6
Mayor Flaherty asked if the sign on the building would be lit. Mr. Soussi commented the sign 7
would be illuminated. 8
9
Mayor Flaherty was pleased that a new business was coming to the City of Mounds View. He 10
then encouraged the business to comply with the Fire Marshal’s recommendations. Mr. Soussi 11
stated this was his intention. 12
13
Council Member Mueller was pleased with the improvements already made to the exterior of the 14
building. She questioned when the site would be open for business. Mr. Soussi stated this 15
wouldn’t be determined until the parking lot issues were resolved. 16
17
MOTION/SECOND: Mueller/Hull. To Waive the Reading and Adopt Resolution 7984, a 18
Conditional Use Permit for Tires n More, a Tire and Auto Repair Business located at 2832 19
County Road 10. 20
21
Ayes – 5 Nays – 0 Motion carried. 22
23
D. Resolution 7977, Authorizing Certification of the Preliminary General Fund 24
Budget and Property Tax Levy for Fiscal Year 2013. 25
26
Finance Director Beer stated that each year the City had to approve a preliminary levy and certify 27
this to the County Auditor by September 15th. These preliminary budgets were not absolute 28
numbers as the budget could be decreased, but could not be increased. The City Council directed 29
staff to keep the 2013 levy at the same level as 2012. The levy would be set at $4,181,381. 30
31
Finance Director Beer reviewed the effect this levy would have on the average home in Mounds 32
View stating across the board there would be a property tax decrease, noting this was relative to 33
each home’s property value. Truth and taxation numbers would be sent out by the County in 34
November. Staff requested the Council authorize certification of the preliminary general fund 35
budget and property tax levy for 2013. 36
37
Council Member Mueller thanked Finance Director Beer for his recent article in the Mounds 38
View Matters. She requested further information on why the 2013 budget reduced the Special 39
Projects Funds by $45,000. Finance Director Beer stated after reviewing the 2012 budget an 40
adjustment was made due to the fact it was not needed at the same level as in the past. 41
42
Council Member Mueller commented there was a slight increase in the City Council salary and 43
questioned why this change was made. Finance Director Beer explained the Council did not 44
make this request, but allowed for an $8.00 per month internet reimbursement that was allowed 45
Mounds View City Council August 27, 2012
Regular Meeting Page 5
per State Statute. 1
2
Mayor Flaherty indicated the budget had $300,000 for street improvements in 2013. He 3
questioned why this amount was not $400,000. Finance Director Beer noted the City has seen 4
some cost savings due to the economic climate which allowed for this reduction. In addition, the 5
street improvement project may be completed prior to the previously estimated 10 years. 6
7
Mayor Flaherty noted the police referendum was a line item in the City’s budget. He questioned 8
if this would ever be removed from the budget. Finance Director Beer stated this was a special 9
levy or referendum that affected each TIF property. He commented it would not be removed 10
from the budget. 11
12
MOTION/SECOND: Gunn/Mueller. To Waive the Reading and Adopt Resolution 7977, 13
Authorizing Certification of the Preliminary General Fund Budget and Property Tax Levy for 14
Fiscal Year 2013. 15
16
Ayes – 5 Nays – 0 Motion carried. 17
18
Mayor Flaherty thanked the Council and staff for working diligently to present the 2013 19
preliminary budget with a 0% levy increase. 20
21
E. Resolution 7983, Establishing Public Hearing Dates for the Proposed General 22
Fund Budget and Property Tax Levy for Fiscal Year 2013. 23
24
Finance Director Beer recommended that the 2013 Truth in Taxation Hearing be held on 25
December 3, 2012 at 6:00 p.m. at City Hall. He explained a continuation meeting would be held 26
on December 10, 2012 if needed. 27
28
MOTION/SECOND: Mueller/Hull. To Waive the Reading and Adopt Resolution 7983, 29
Establishing Public Hearing Dates for the Proposed General Fund Budget and Property Tax Levy 30
for Fiscal Year 2013. 31
32
Ayes – 5 Nays – 0 Motion carried. 33
34
F. Resolution 7987, Approving a Legal Services Agreement with Kennedy & 35
Graven. 36
37
City Administrator Ericson stated that at the last work session meeting the Council discussed the 38
legal services agreement with Kennedy & Graven, as it was in need of renewal. Staff reviewed 39
invoices from the last 18 months and the retainer amount could be reduced to $2,200. He 40
explained that Scott Riggs would remain the City’s primary attorney with the secondary attorney 41
being Sarah Somsalla. Staff recommended the Council approve a three year agreement with 42
Kennedy & Graven through August of 2015. 43
44
Mayor Flaherty indicated he was pleased with the services provided by Kennedy & Graven and 45
Mounds View City Council August 27, 2012
Regular Meeting Page 6
for the adjustment made to the retainer fee. 1
2
MOTION/SECOND: Mueller/Stigney. To Waive the Reading and Adopt Resolution 7987, 3
Approving a Legal Services Agreement with Kennedy & Graven. 4
5
Council Member Mueller thanked Kennedy & Graven for working with the City and for being 6
willing to reduce the retainer fee. 7
8
Ayes – 5 Nays – 0 Motion carried. 9
10
G. Resolution 7986, Authorizing Automatic Systems Company to Replace 11
Variable Frequency Drives in Water Booster Station. 12
13
Public Works Supervisor Peterson requested the Council consider approving the replacement of 14
the variable frequency drives (VFD’s) in the water booster station. He explained that Public 15
Works was responsible for efficiently operating the water distribution system in the City, which 16
included a two million gallon reservoir and water booster station. The reservoir and water 17
booster station were installed in 1968 and over the years have had updates. He discussed the 18
purpose and function of the VFD’s noting they were last updated in 1988. 19
20
Public Works Supervisor Peterson commented on Thursday, August 16, 2012 at 3:00 a.m. the 21
pumps for the booster station failed. Staff was notified of the low pressure and started Well No. 22
5 to stabilize the system. The cause for the failure was investigated and it was determined there 23
was no control to Pump 1 as the VFD was not operational. 24
25
Public Works Supervisor Peterson recommended that the Council replace both VFD’s at this 26
time. It was estimated the new VFD’s would last approximately 15 years and would cost 27
$28,473 plus tax. A rebate was available in the amount of $10,000 through Xcel Energy. He 28
explained the expense was not in the 2012 budget but monies were available through cost 29
savings realized in the water tower reconditioning project. Staff recommended the Council 30
authorize Automatic Systems Company to replace the VFD’s in the water booster station. 31
32
Council Member Mueller thanked staff for bringing this recommendation forward and for being 33
proactive on this issue. She supported the project as presented. 34
35
Mayor Flaherty asked why VFD’s were chosen over soft start. Public Works Supervisor 36
Peterson stated this was the recommendation of Automatic Systems Company. He noted the 37
VFD’s would be installed and programmed by Automatic Systems Company. 38
39
MOTION/SECOND: Gunn/Hull. To Waive the Reading and Adopt Resolution 7986, 40
Authorizing Automatic Systems Company to Replace Variable Frequency Drives in the Water 41
Booster Station. 42
43
Council Member Mueller thanked the Public Works staff for their phenomenal work at Festival 44
in the Park. 45
Mounds View City Council August 27, 2012
Regular Meeting Page 7
1
Ayes – 5 Nays – 0 Motion carried. 2
3
H. Second Reading and Adoption of Ordinance 848, a Rezoning to PUD, 4
Planned Unit Development, for the Coventry Senior Living Development 5
(ROLL CALL VOTE). 6
7
Planning Associate Heller reviewed the proposed Coventry Senior Living Development with the 8
Council in detail. She reviewed the many benefits of rezoning the site to PUD for senior 9
housing, noting the lots would be replatted to one parcel. She requested the Council adopt an 10
Ordinance that would rezone the development to PUD. It was noted that this development would 11
be the first senior housing development in Mounds View and would greatly benefit the residents. 12
13
Council Member Stigney asked what kind of screening would be in place between his property 14
and the adjacent residential lots. Planning Associate Heller noted pine trees would be planted 15
along this property line. 16
17
Council Member Stigney questioned screening was proposed along O’Connell Drive. Planning 18
Associate Heller reviewed the landscaping plan noting the area would be nicely screened with 19
plantings. 20
21
Mayor Flaherty commented the increased market value to this property would benefit the entire 22
community. He stated the proposed services offered by Coventry Senior Living would allow the 23
elderly in Mounds View to remain within the community. 24
25
MOTION/SECOND: Mueller/Gunn. To Waive the Second Reading and Adopt Ordinance 848, 26
an Ordinance approving the Rezoning of 2.18 acres of land at 2320 and 2340 County Highway 27
10 and 5260 O’Connell Drive to PUD, Planned Unit Development and publish the Ordinance 28
summary. 29
30
ROLL CALL: Hull/Stigney/Mueller/Gunn/Flaherty. 31
32
Ayes – 5 Nays – 0 Motion carried. 33
34
I. Second Reading and Adoption of Ordinance 858, Easement Vacations for the 35
Coventry Senior Living Development (ROLL CALL VOTE). 36
37
Planning Associate Heller stated that an updated Ordinance was presented to the Council this 38
evening per comments made by the City Attorney. She reviewed the revisions to the language 39
and reviewed the easements that would be vacated on the Coventry Senior Living property. She 40
indicated new easements would be placed on the property after the site was replatted with the 41
County. Staff recommended the Council approve the easement vacation for Coventry Senior 42
Living. 43
44
Mayor Flaherty asked when ground breaking would take place on the development. Greg 45
Mounds View City Council August 27, 2012
Regular Meeting Page 8
Johnson, Coventry Senior Living, anticipated the project would begin in September of this year 1
with construction taking 12 months. He hoped to have the building open for occupants in the fall 2
of 2013. 3
4
MOTION/SECOND: Mueller/Stigney. To Waive the Second Reading and Adopt Ordinance 5
858, an Ordinance authorizing the vacation of utility and drainage and water main easements on 6
the parcels at 2320 County Road 10 and 5260 O’Connell Drive and publish the Ordinance 7
summary. 8
9
ROLL CALL: Hull/Stigney/Mueller/Gunn/Flaherty. 10
11
Ayes – 5 Nays – 0 Motion carried. 12
13
8. CONSENT AGENDA 14
15
None. 16
17
9. JUST AND CORRECT CLAIMS 18
19
Finance Director Beer answered the Council's questions related to claims. 20
21
MOTION/SECOND: Gunn/Hull. To Approve the Just and Correct Claims as presented. 22
23
Ayes – 5 Nays – 0 Motion carried. 24
25
10. APPROVAL OF MINUTES 26
A. July 9, 2012, City Council Meeting Minutes. 27
28
MOTION/SECOND: Mueller/Stigney. To Approve the July 9, 2012, City Council meeting 29
minutes as presented. 30
31
Ayes – 5 Nays – 0 Motion carried. 32
33
B. July 23, 2012, City Council Meeting Minutes. 34
35
Council Member Hull requested a correction on Page 1, Line 33 stating the word “the” should be 36
removed. 37
38
Council Member Gunn requested the Council discuss the beer garden at an upcoming work 39
session meeting. 40
41
Mayor Flaherty agreed. 42
43
MOTION/SECOND: Mueller/Hull. To Approve the July 23, 2012, City Council meeting 44
minutes as corrected. 45
Mounds View City Council August 27, 2012
Regular Meeting Page 9
1
Ayes – 5 Nays – 0 Motion carried. 2
3
11. REPORTS 4
A. Reports of Mayor and Council. 5
6
Council Member Hull questioned where garage sale signs could be located. City Administrator 7
Ericson indicated the Code was silent as these signs were not addressed in City Code due to 8
enforcement issues. One issue regarding the regulation of signs of this nature was the difficulty 9
of Public Works keeping up with enforcement. 10
11
Council Member Hull asked if Allina traffic has been a concern. City Administrator Ericson 12
stated the City has only had one complaint. 13
14
Council Member Hull thanked the Festival in the Park Committee, Public Works, City staff, and 15
the Police Department for their efforts in pulling off another great event this year. 16
17
Council Member Gunn agreed stating this year’s event was wonderful and the weather 18
cooperated. She thanked Police Officer Nick Erickson and K9 Officer Niko for being their 19
public demonstration. She appreciated all who donated so generously to the K9 program. 20
21
Council Member Mueller thanked Sherry Gunn and Greg Newman for manning the K9 donation 22
area. She commented over $300 was raised for the care and upkeep of K9 Officer Niko. She 23
then read the list of winners for this year’s car show and noted the list would be placed on the 24
City’s website. She commented next year’s festival would take place on August 17th. She 25
encouraged anyone interested in volunteering to join the committee for their next meeting on 26
September 18th or to contact City Hall for further information. 27
28
Mayor Flaherty stated the 5K run sponsored by Anytime Fitness had 85 participants this year. He 29
was pleased with the growth in this event that took place at Silver View Park. He again thanked 30
all who volunteered for this year’s event as the Festival was a great success. 31
32
Mayor Flaherty noted the City’s cleanup day was scheduled for October 6, 2012 from 9:00 a.m. 33
to 12:00 p.m. 34
35
Mayor Flaherty was looking forward to the new water tower being complete and noted the new 36
color would be cream with the City’s logo. He then encouraged all to take part in this year’s 37
election and get out and vote on November 6, 2012. 38
39
B. Reports of Staff. 40
41
City Administrator Ericson commented the painting of the semaphores along County Road 10 42
has been put on hold because a lead based paint assessment was needed. The expense for this 43
assessment was quite high and Ramsey County has been contacted regarding the matter. He 44
Mounds View City Council August 27, 2012
Regular Meeting Page 10
indicated the item would be on hold until after hearing from the County as the age of the 1
semaphores would need to be determined. 2
3
C. Reports of City Attorney. 4
5
City Attorney Riggs thanked the Council for reapproving his contract this evening. He stated the 6
utility franchise has been discussed and the contract should come before the Council in the next 7
month or two. He reported the title work for Coventry should be completed in the next few days. 8
9
12. Next Council Work Session: TUESDAY, September 4, 2012, at 7:00 p.m. 10
Next Council Meeting: Monday, September 10, 2012, at 7:00 p.m. 11
12
13. ADJOURNMENT 13
14
The meeting was adjourned at 8:44 p.m. 15
16
Transcribed by: 17
18
Heidi Guenther 19
TimeSaver Off Site Secretarial, Inc. 20
410432v2 SJR MU125-11
Kennedy 470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis MN 55402-1458
(612) 337-9300 telephone
(612) 337-9310 fax
http://www.kennedy-graven.com
Affirmative Action, Equal Opportunity Employer
Graven
C H A R T E R E D
SCOTT J. RIGGS
Attorney at Law
Direct Dial (612) 337-9260
Email: sriggs@kennedy-graven.com
MEMORANDUM
Date: September 20, 2012
To: James Ericson, City Administrator
From: Scott J. Riggs, City Attorney
Re: Mounds View Project Status Report
MU125-11: Administration. General discussions with staff regarding various City matters.
Review data practices request and consult with City staff regarding same. Legal
research regarding "just cause" standard for removal of a planning commissioner.
Consult with City staff regarding same. Matter is presently pending.
MU125-12: Finance Department Matters. Review COBRA notification services agreement
and provide comments to City staff. Matter is presently pending.
MU125-65: Licensing Matters. Review restaurant licensing issue and consult with City staff
regarding same. Review tobacco compliance issue and statutes. Consult with
City staff regarding same. Matters are presently pending.
MU210-4: Charter Commission. Review questions regarding proposed revisions to the City
Charter. Consult with City staff. Matter is presently pending.
MU210-62: Police Civil Service Commission, Consult with City staff regarding hiring
process and issues. Matter is presently pending.
MU210-162: Robert’s Bar. Consult with City staff regarding water service issues. Draft letter
to landowner’s attorney concerning water service issues. Matter is presently
pending.
MU210-164: Utility Franchise Matters. Consult with City staff regarding Xcel franchise
renewal. Draft proposed Franchise and forward to Xcel and City staff for
&
Mr. Jim Ericson
September 20, 2012
Page 2
410432v2 SJR MU125-11
comment. Work with City staff regarding follow-up issues. Matter is presently
pending.
MU210-189: Coventry Senior Living Project. Review plat. Review revised plat and updated
title commitment. Draft Limited Use Agreement and forward to City staff.
Finalize updated plat opinion and forward to City staff. Consult with City staff
regarding matter. Review Ordinance No. 858 and provide additional language to
City staff. Matter is presently pending.
SJR:jms