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HomeMy WebLinkAboutAgenda Packets - 2010/03/08 CITY OF MOUNDS VIEW CITY COUNCIL MEETING AGENDA MOUNDS VIEW CITY HALL Monday, March 8, 2010 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 Report and Update from Barbara Haake regarding Metropolitan Airports Commission (MAC) and Metropolitan Council activity affecting the Anoka County / Blaine Airport 7. COUNCIL BUSINESS A. 7:05 p.m. Public Hearing, Second Reading and Adoption of Ordinance 841, Amending the Mounds View City Charter by Changing Title of Clerk-Administrator to City Administrator B. Resolution 7586, Approving the Hire of Don Peterson as Public Works Supervisor in the Mounds View Public Works Department C. First Reading of Ordinance 835, an Ordinance Amending Title 500 of the City Code Regarding Lawful Gambling D. Resolution 7587, Designating the 2009 Citizenship Award. E. Resolution 7588, Approving the City of Mounds View Code of Conduct and Statement of Values F. Resolution 7589. Approving the 2010 City Council Goals and Priorities G. Resolution 7590, Approving a Construction Contract for the Mounds View Community Center Gymnasium and Event Center Wood Floor Refinishing H. Set an Executive Session of the City Council to Review Labor Contract Negotiations Upon Conclusion of the Regular Meeting 8. CONSENT AGENDA A. Licenses for Approval B. Resolution 7591 Approving an Amended and Restated Joint Powers Agreement with the North Metro Mayors Association C. Resolution 7592 Supporting Broadband Technology Opportunity Program (BTOP) Grant Applications for a Comprehensive Community Network to Benefit Public Institutions in the North East Twin Cities Metropolitan Area. 9. JUST AND CORRECT CLAIMS 10. APPROVAL OF MINUTES A. January 25, 2010, City Council Meeting B. February 8, 2010, City Council Meeting C. March 1, 2010, Executive Session Meeting 11. REPORTS A. Reports of Mayor and Council B. Reports of Staff 1, Announce the Mounds View Town Hall Meeting on March 29, 2010, at Mounds View City Hall C. Reports of City Attorney 12. Next Council Work Session: Monday, April 5, 2010 at 7:00 pm Next Council Meeting: Monday, March 22, 2010 at 7:00 pm 13. Recess into Closed Session (Council will adjourn meeting from Closed Session.) CITY OF MOUNDS VIEW CITY COUNCIL MEETING AGENDA MOUNDS VIEW CITY HALL Monday, March 8, 2010 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 Report and Update from Barbara Haake regarding Metropolitan Airports Commission (MAC) and Metropolitan Council activity affecting the Anoka County / Blaine Airport 7. COUNCIL BUSINESS A. 7:05 p.m. Public Hearing, Second Reading and Adoption of Ordinance 841, Amending the Mounds View City Charter by Changing Title of Clerk-Administrator to City Administrator B. Resolution 7586, Approving the Hire of Don Peterson as Public Works Supervisor in the Mounds View Public Works Department C. First Reading of Ordinance 835, an Ordinance Amending Title 500 of the City Code Regarding Lawful Gambling D. Resolution 7587, Designating the 2009 Citizenship Award. E. Resolution 7588, Approving the City of Mounds View Code of Conduct and Statement of Values F. Resolution 7589. Approving the 2010 City Council Goals and Priorities G. Resolution 7590, Approving a Construction Contract for the Mounds View Community Center Gymnasium and Event Center Wood Floor Refinishing H. Set an Executive Session of the City Council to Review Labor Contract Negotiations Upon Conclusion of the Regular Meeting 8. CONSENT AGENDA A. Licenses for Approval B. Resolution 7591 Approving an Amended and Restated Joint Powers Agreement with the North Metro Mayors Association C. Resolution 7592 Supporting Broadband Technology Opportunity Program (BTOP) Grant Applications for a Comprehensive Community Network to Benefit Public Institutions in the North East Twin Cities Metropolitan Area. March 8, 2009 City Council Agenda Page 2 9. JUST AND CORRECT CLAIMS 10. APPROVAL OF MINUTES A. January 25, 2010, City Council Meeting B. February 8, 2010, City Council Meeting C. March 1, 2010, Executive Session Meeting 11. REPORTS A. Reports of Mayor and Council B. Reports of Staff 1, Announce the Mounds View Town Hall Meeting on March 29, 2010, at Mounds View City Hall C. Reports of City Attorney 12. Next Council Work Session: Monday, April 5, 2010 at 7:00 pm Next Council Meeting: Monday, March 22, 2010 at 7:00 pm 13. Recess into Closed Session (Council will adjourn meeting from Closed Session.) Item No: 7A Meeting Date: Mar 8, 2010 Type of Business: PH & CB Administrator Review : ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, Clerk - Administrator Item Title/Subject: Second Reading and Adoption of Ordinance 841, an Ordinance Amending the Mounds View City Charter by Changing the Title of Clerk-Administrator to City Administrator Introduction: In 2009, the Charter Commission was asked to consider amending the Charter to update the title of the Clerk-Administrator position to a more commonly used title, such as City Administrator. Discussion: The Charter Commission discussed the potential title change at many meetings, reviewing MN Statutes, LMC documentation and reports, the Mounds View City Code and other references in their analysis. After much deliberation, the Commission adopted Resolution 2009-03e which replaced all occurrences of “Clerk-Administrator” with “City Administrator.” In addition, Sections 6.03 and 6.04 were amended to clarify duties and responsibilities of the administrator and treasurer. The City Attorney has reviewed the Charter Commission’s resolution and the attached ordinance and has no issues with either. Previously: The City Council considered the first reading and introduction of this ordinance at their meeting o February 22, 2010. The Council was reminded that amendments to the City Charter require unanimous approval of the City Council while an amendment to the City Code typically only requires a simple majority. Recommendation: Staff recommends approval of the second reading and adoption of Ordinance 841, an ordinance changing the title of Clerk-Administrator to City Administrator throughout the Charter and amending specific Sections 6.03 and 6.04 relating to the duties of the administrator and treasurer. The effective date is 90 days after ordinance publication. Subsequent to adoption, staff will prepare a companion ordinance that updates the City Code to replace occurrences of Clerk-Administrator with City Administrator. Respectfully submitted, ________________________ James Ericson Clerk - Administrator ORDINANCE 841 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA ORDINANCE AMENDING THE MOUNDS VIEW CITY CHARTER BY CHANGING ALL OCCURRENCES OF “CLERK-ADMINISTRATOR” TO “CITY ADMINISTRATOR” AND REVISING SECTIONS 6.03 AND 6.04 REGARDING DUTIES OF THE ADMINISTRATOR AND TREASURER THE CITY OF MOUNDS VIEW DOES HEREBY ORDAIN: SECTION 1. The City Council of the City of Mounds View, pursuant to the recommendation of the City of Mounds View Charter Commission in Resolution 2009-03e, does hereby determine that all occurrences of the title “Clerk-Administrator” throughout the City Charter be replaced with “City Administrator”. SECTION 2. The City Council of the City of Mounds View, pursuant to the recommendation of the City of Mounds View Charter Commission in Resolution 2009-03e, does hereby amend Section 6.03 of the City Charter, with additions underlined and deletions stricken as follows: Section 6.03. Duties of the Clerk-Administrator City Administrator. The duties of the City Administrator shall be specified in Chapter 106 of City Code, as amended, and shall include those in MN State Statute for City Clerk unless otherwise assigned in City Code. The Council shall provide for the designation, delegation and/or assignment of some or all the duties to other city staff as needed. Subdivision 1. The duties of the Clerk-Administrator of the municipality shall include the duties of the Clerk in a statutory city. The Clerk-Administrator shall give the required notice of each regular and special election, record the proceedings thereof, notify officials of their elections or appointments to office, certify to the county auditor all appointments and the results of all municipal elections. The Clerk-Administrator shall also have the duties set forth in the following subdivisions: Subdivision 2. The Clerk-Administrator shall keep a minute book noting therein all proceedings of the Council. Subdivision 3. The Clerk-Administrator shall keep an ordinance book in which shall be recorded in their entirety all ordinances passed by the Council. Subdivision 4. The Clerk-Administrator shall keep an account book in which shall be entered all money transactions of the municipality, including the dates and amounts of all receipts, and the person from whom the money was received, and all orders drawn upon the Treasurer with their payee and object. Ordinance 841 Page 2 Subdivision 5. Ordinances, resolutions and claims considered by the Council need not be given in full in the minute book if they appear in other permanent records of the Clerk-Administrator, and can be accurately identified from the description given in the minutes. The Clerk-Administrator shall act as the Clerk and bookkeeper of the municipality, shall be the custodian of its seal and records, shall sign its official papers, shall post and publish such notices, ordinances as may be required, and shall perform such other appropriate duties as may be imposed upon by the Council. For certified copies and for filing and entering, when required, papers not relating to municipal business, the Clerk- Administrator shall receive the fees allowed by state law to town clerks; but the Council may require the Clerk-Administrator to pay such fees to the municipal treasury. With the consent of the Council, the Clerk-Administrator may appoint a deputy for whose acts that person shall be responsible and whom may be removed at pleasure. In case of the Clerk-Administrator's absence from the municipality or disability, the Council may appoint a Deputy Clerk-Administrator, if there is none, to serve during such absence or disability. The Deputy may discharge any of the duties of the Clerk-Administrator. Subdivision 6. The Clerk-Administrator shall supervise the administration as provided by this Charter and Council action. Subdivision 7. The Clerk-Administrator shall prepare reports and summaries relating to contemplated municipal projects and/or improvements, and submit them with recommendations, as may be required, to the Council for study and subsequent action. Subdivision 8. The Clerk-Administrator shall prepare an annual fiscal budget and capital improvement plan for submission to the Council. The Clerk-Administrator shall maintain financial guide lines for the municipality within the scope of the approved budget and capital program. Subdivision 9. The Clerk-Administrator shall prepare the annual financial statement and such other statements that are required by statute. Subdivision 10. The Clerk-Administrator shall attend all Council meetings and provide input to the Council. The Clerk-Administrator may with discretion, or by invitation, attend other committee and commission meetings. Subdivision 11. The Clerk-Administrator shall supervise municipal employees, programs and activities, unless otherwise directed by the Council. Subdivision 12. The Clerk-Administrator shall submit periodic reports to the Council on the financial condition of the municipal accounts. Subdivision 13. The Clerk-Administrator shall supervise the conduct of local elections in accordance with the prescribed laws and regulations. Subdivision 14. The Clerk-Administrator shall advise the Council in decisions affecting the employment or removal of department heads and appointed officials. Subdivision 15. The Clerk-Administrator shall work in cooperation with the Council's appointed attorney and engineer. Ordinance 841 Page 3 Subdivision 16. The Clerk-Administrator shall prepare news releases and develop and discuss public relations material with all concerned as required. The Clerk-Administrator shall maintain good public relations with the general public. Subdivision 17. The Clerk-Administrator shall consult, unless otherwise directed by the Council, with appointed officials and with other public or private agencies as may be required. Subdivision 18. The Clerk-Administrator shall be fully informed regarding federal, state and county programs which affect the municipality. Subdivision 19. The Clerk-Administrator shall advise the Council on the terms and conditions of employee labor contracts for presentation to the Council. Subdivision 20. The Clerk-Administrator shall prepare an annual report to inform the public about the financial condition of the City. Subdivision 21. The Clerk-Administrator shall perform all other duties required by the Council. SECTION 3. The City Council of the City of Mounds View, pursuant to the recommendation of the City of Mounds View Charter Commission in Resolution 2009-03e, does hereby amend Section 6.04 of the City Charter, with additions underlined and deletions stricken as follows: Section 6.04. City Treasurer. The Council shall appoint a Treasurer. This office shall be separate from that of the Clerk-Administrator City Administrator and shall include those duties for Treasurer in MN State Statute unless otherwise assigned in City Code. The duties of the Treasurer shall be specified by state law for the Treasurer in a statutory city. SECTION 4. This ordinance shall take effect ninety days after the date of its publication. First Reading and Introduction: Feb 22, 2010 Second Reading and Adoption: March 8, 2010 Publication Date: March 18, 2010 Effective Date: June 16, 2010 Adopted this 8th day of March, 2010. __________________________________ Joe Flaherty, Mayor ATTEST: __________________________________ James Ericson, Clerk-Administrator (seal) Item No: 07B Meeting Date: March 8, 2010 Type of Business: CB Administrator Review: ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Assistant City Clerk-Administrator Item Title/Subject: Resolution 7586, Approving the Hire of Don Peterson as Public Works Supervisor in the Public Works Department Background: On December 15, 2006, Tim Pittman, the former Public Works Supervisor, resigned. Staff advertised for this vacant position in 2007. During the interview process in 2007, the former Public Works Director resigned. It was the consensus of Staff and City Council to hold off on the hiring process for the Public Work Supervisor until a new Public Works Director was hired. Nick DeBar was hired as the Public Works Director in March of 2009. Mr. DeBar was able to assess the needs of the Public Works Department, and recommended the need for a Public Works Supervisor Position, which would allow Mr. DeBar to perform in-house engineering, leading to reduced engineering consultant fees. . On December 14, 2009, the City Council authorized Staff to advertise to hire the Public Works Supervisor position. Discussion: Staff advertised the opening on the City’s website, the League of MN Cities website, and with the StarTribune. The anticipated starting salary for the position was advertised at $25.56/hour. Staff interviewed fifteen (15) candidates, and of those fifteen (15) candidates the City interviewed three internal City employee candidates. The interview panel consisted of Nick DeBar, and me. After the interviews were concluded, the panel narrowed it down to three candidates: These three candidates were interviewed for a second time by Jim Ericson, Jim Hess and Tracy Juell, and all candidates were also given a computer/writing skills test. It was the consensus of Staff to recommend Don Peterson to the position of Public Works Supervisor. Mr. Peterson is currently employed as a Safety Director with the Osseo-Brooklyn Bus Company, and was a former Public Works Supervisor for the City of Osseo for twelve (12) years. Reference checks and background checks are complete and satisfactory. The Public Works Supervisor position is an exempt, non-union position. Staff is recommending Step 1 of the City’s pay plan at $25.56/hour ($53,164.80/year) for Mr. Peterson, with an increase to Step 2 of the salary range (currently $27.16/hour) after six months of employment, and to Step 3 of he salary range (currently $28.76/hour) after 1 year of employment. Mr. Peterson has been notified that all increases are subject to a satisfactory performance evaluation and City Council consideration. Mr. Peterson would begin employment on Monday, March 29, 2010. Item 07B March 8, 2010, City Council Meeting Council Business Page 2 Recommendation: Staff recommends the City Council adopt Resolution 7586, a resolution approving the hire of Don Peterson to the position of Public Works Supervisor. Respectfully submitted, ________________________ Desaree Crane RESOLUTION NO. 7586 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA A Resolution Authorizing the Hire of Don Peterson to the Position of Public Works Supervisor WHEREAS, upon direction from the Mounds View City Council, the Public Works Supervisor position was advertised; and WHEREAS, over fifty (50) applications were received for the position and fifteen (15) were chosen for interview; and, WHEREAS, Mr. Don Peterson’s skills and experience were determined to most closely match the duties and responsibilities as outlined in the Public Works Supervisor job description; and WHEREAS, Mr. Peterson’s criminal background and reference checks are complete and satisfactory. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council appoints Mr. Donald Peterson to the position of Public Works Supervisor with employment to commence on March 29, 2010. BE IT FINALLY RESOLVED that the City Council approves the salary scale for the Public Works Supervisor position as indicated herein, with a starting salary for Mr. Peterson at Step 1 of the City’s pay plan at $25.56/hour, with an increase to Step 2 of the salary range ($27.16/hour) after six months of employment, Step 3 after one year of employment, Step 4 after two years of employment, and Step 5 after 3 years of employment, subject to City Council authorization. Adopted this 8th day of March, 2010. Joe Flaherty, Mayor ATTEST: James Ericson, Clerk-Administrator (SEAL) Item No: 07C Meeting Date: March 8, 2010 Type of Business: CB Administrator Review : ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Jim Ericson, Clerk-Administrator Item Title/Subject: First Reading and Reintroduction of Ordinance 835, an Ordinance Amending Title 500 of the Municipal Code Regarding Charitable Gambling Background: Staff had identified many deficiencies in our City Code relative to Charitable Gambling and initiated a process to amend Title 500 of the Code to remove the relevant charitable gambling requirements from the two liquor license chapters and create a new, standalone chapter addressing such issues. Staff has been working with the City Attorney on the matter and at the September 2009 work session, the Council reviewed a draft of the ordinance. While some questions remained unanswered, the ordinance was referred to the September 14, 2009 Council meeting for a first reading. Because of questions associated with the proposed “10% fund”, the ordinance was put on hold and representatives from the two organizations licensed to conduct charitable gambling in the City were invited to attend a council meeting to provide their input. This occurred at the Council’s December 2009 work session. Representatives from Lake Region Hockey Association, the licensed organization conducting charitable Gambling at Moe’s, and Spring Lake Park Lions, the licensed organization conducting charitable gambling at Robert’s, asked the City to reconsider establishing a 10% Fund as there was very little gambling revenue available and any further reduction after taxes and other expenses would further inhibit their ability to “give back” to the trade area. Discussion: The draft ordinance was brought back to the City Council at their March 2010 Work session in an effort to get direction regarding the 10% Fund as well as local permits. The Council consented to removing the 10% language from the ordinance but wanted to review the matter again in a year to determine whether such an amendment would make sense. (Staff has made note of this.) As for Local Permits, the City has the option of whether or not it would like to approve such activity exempted or excluded by the State. After much deliberation, a consensus was reached that exempt and excluded lawful gambling would not need to be approved by the City. The other change proposed by the revised ordinance would require that a licensed organization would be ineligible for a premises permit if their organization was not local to the trade area. Ord 835 Report March 8, 2010 Page 2 Recommendation: Staff recommends approval of the first reading and reintroduction of Ordinance 835, an ordinance amending Title 500 of the Mounds View City Code regarding charitable gambling. Because of the time that has elapsed since the reading approved by the City Council on September 14, 2009 and the changes made to the ordinance since then, staff and the Attorney agreed that a new first reading to reintroduce the ordinance would be appropriate. The second reading and adoption is presently scheduled for Council consideration on March 22, 2010. Respectfully submitted, ________________________ James Ericson Clerk – Administrator Attachments: 1. Ord 835 ORDINANCE NO. 835 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING TITLE 500 OF THE MOUNDS VIEW CITY CODE BY CREATING A NEW CHAPTER 518 REGULATING LAWFUL GAMBLING AND AMENDING TITLE 500, SECTIONS 502.13 AND 503.09, TO BE CONSISTENT WITH THE NEW CHAPTER 518 THE CITY OF MOUNDS VIEW, MINNESOTA, ORDAINS: SECTION 1. The City Council of the City of Mounds View hereby amends Title 500 of the Mounds View Municipal Code by adding Chapter 518 as follows: Section 518.01 Adoption of State Law by Reference 518.02 Purpose 518.03 Definitions 518.04 Applicability 518.05 Lawful Gambling Permitted with Council Approval 518.06 Application and Local Approval of Premises Permits 518.07 Local Permits 518.08 Revocation and Suspension of Local Permit 518.09 License and Permit Display 518.10 Notification of Material Changes to Application 518.11 Designated Trade Area 518.12 Records and Reporting 518.13 Hours of Operation 518.14 Penalty 518.15 Severability 518.01: ADOPTION OF STATE LAW BY REFERENCE: The provisions of Minnesota Statutes, Chapter 349, as they may be amended from time to time, with reference to the definition of terms, conditions of operation, provisions relating to sales, and all other matters pertaining to lawful gambling are hereby adopted by reference and are made a part of this ordinance as if set out in full. It is the intention of the Council that all future amendments of Minnesota Statutes, Chapter 349, are hereby adopted by reference or referenced as if they had been in existence at the time this ordinance was adopted. 518.02: PURPOSE: The purpose of this ordinance is to regulate lawful gambling within the City of Mounds View to ensure the integrity of operations, and to provide for the use of net profits only for lawful purposes. Page 1 518.03: DEFINITIONS: In addition to the definitions contained in Minnesota Statutes, Section 349.12, as it may be amended from time to time, the following terms are defined for purposes of this ordinance: BOARD, as used in this ordinance, means the State of Minnesota Gambling Control Board. CITY, as used in this ordinance, means the City of Mounds View. COUNCIL, as used in this ordinance, means the City Council of the City of Mounds View. LICENSED ORGANIZATION, as used in this ordinance, means an organization licensed by the Board. LOCAL PERMIT, as used in this ordinance, means a permit issued by the City. TRADE AREA, as used in this ordinance, means the City, Blaine, Shoreview, Arden Hills, New Brighton, Fridley, and Spring Lake Park. 518.04: APPLICABILITY: This ordinance shall be construed to regulate all forms of lawful gambling within the City except bingo conducted pursuant to Minnesota Statutes, Sections 349.166, subdivisions 1(b), as amended from time to time. 518.05: LAWFUL GAMBLING PERMITTED WITH COUNCIL APPROVAL: Lawful gambling is permitted within the City provided it is conducted in accordance with Minnesota Statutes, Sections 609.75-609.763, inclusive, as they many be amended from time to time; Minnesota Statutes, Sections 349.11-349.23, inclusive, as they may be amended from time to time; and this ordinance. Lawful gambling shall not be conducted unless approved by the Council, with the exception of exempt or excluded lawful gambling as provided for in Minnesota Statutes, Section 349.11. 518.06: APPLICATION AND LOCAL APPROVAL OF PREMISES PERMITS: Subd. 1. Any organization seeking to obtain a premises permit or renewal of a premises permit from the Board shall file with the clerk-administer an executed, complete duplicate application, together with all exhibits and documents accompanying the application as will be filed with the Board. Subd. 2. Upon receipt of an application for issuance or renewal of a premises permit, the clerk- administer shall transmit the application to the chief of police for review and recommendation. Subd. 3. The chief of police shall investigate the matter and make the review and recommendation to the City Council as soon as possible, but in no event later than forty-five (45) days following receipt of the notification by the City. Page 2 Subd. 4. Organizations applying for a state issued premises permit shall pay the City an annual $100 investigation fee. This fee shall be refunded if the application is withdrawn before the investigation is commenced. Subd. 5. The applicant shall be notified in writing of the date on which the Council will consider the recommendation. Subd. 6. The Council shall receive the police chief's report and consider the application within forty-five (45) days of the date the application was submitted to the clerk-administer. Subd. 7. The Council shall, by resolution, approve or disapprove the application within sixty (60) days of receipt of the application. Subd. 8. The Council shall deny an application for issuance or renewal of a premises permit for any of the following reasons: (a) Violation by the gambling organization of any state statute, state rule, or city ordinance relating to gambling within the last three (3) years. (b) Violation by the on-sale establishment, or organization leasing its premises for gambling, of any state statute, state rule, or city ordinance relating to the operation of the establishment, including, but not limited to, laws relating to alcoholic beverages, gambling, controlled substances, suppression of vice and protection of public safety within the last three (3) years. (c) Lawful gambling would be conducted at premises other than those for which an on- sale liquor license has been issued. (d) Lawful gambling would be conducted at more than two (2) premises within the City. (e) Failure of the applicant to pay the investigation fee required by this Section within the prescribed time limit. (f) Operation of gambling at the site would be detrimental to health, safety, and welfare of the community. (g) The applicant’s registered place of business is not within the Trade Area. This requirement may be waived by the Council for good or just cause, at the Council’s sole discretion, if it is in the interest of the Community to do so. Otherwise the Council shall pass a resolution approving the application. 518.07: LOCAL PERMITS: Local Permits shall not be required by organizations conducting lawful gambling excluded or exempted from state licensure requirements by Minnesota Statutes, Section 349.166, as it may be amended from time to time. The organization shall provide proof of state exemption or exclusion if requested by the City. 518.08: REVOCATION AND SUSPENSION OF LOCAL PERMIT: Subd. 1. A local permit may be revoked, or temporarily suspended for a violation by the gambling organization of any state statute, state rule, or city ordinance relating to gambling. Page 3 Subd. 2. A license shall not be revoked or suspended until written notice and an opportunity for a hearing have first been given to the permitted person. The notice shall be personally served or sent by certified or registered mail. If the person refuses to accept notice, notice of the violation shall be served by posting it on the premises. Notice shall state the provision reasonably believed to be violated and shall also state that the permitted person may demand a hearing on the matter, in which case the permit will not be suspended until after the hearing is held. If the permitted person requests a hearing, the Council shall hold a hearing on the matter at least one week after the date on which the request is made. If, as a result of the hearing, the Council finds that an ordinance violation exists, then the Council may suspend or revoke the permit. 518.09: LICENSE AND PERMIT DISPLAY: All permits issued under state law or this ordinance shall be prominently displayed during the permit year at the premises where gambling is conducted. 518.10: NOTIFICATION OF MATERIAL CHANGES TO APPLICATION: An organization holding a state issued premises permit or a local permit shall notify the City within ten (10) days in writing whenever any material change is made in the information submitted on the application. 518.11: DESIGNATED TRADE AREA: Subd. 1. Each organization licensed to conduct gambling within the City shall expend at least seventy-five percent (75%) of its lawful purpose expenditures on lawful purposes conducted within the City’s Trade Area. Subd. 2. This section applies only to lawful purpose expenditures of gross profits derived from gambling conducted at a premises within the City’s jurisdiction. 518.12: RECORDS AND REPORTING: Subd. 1. Organizations conducting lawful gambling shall file with the clerk-administer one copy of all records and reports required to be filed with the Board, pursuant to Minnesota Statutes, Chapter 349, as it may be amended from time to time, and rules adopted pursuant thereto, as they may be amended from time to time. The records and reports shall be filed on or before the day they are required to be filed with the Board. Subd. 2. Organizations licensed by the Board shall file a report with the City proving compliance with the trade area spending requirements imposed by Section 518.12 (Designated Trade Area). Such report shall be made on a form prescribed by the City and shall be submitted annually and in advance of application for renewal. Page 4 518.13: HOURS OF OPERATION: Lawful gambling shall not be conducted between 1 a.m. (or 2 a.m. if the premises has been approved for the extended bar closing time) and 8 a.m. on any day of the week. 518.14: PENALTY: Any person who violates: (a) Any provision of this ordinance; (b) Minnesota Statutes, Sections 609.75-609.763, inclusive, as they may be amended from time to time; or (c) Minnesota Statutes, Sections 349.11-349.21, as they may be amended from time to time or any rules promulgated under those sections, as they may be amended from time to time shall be guilty of a misdemeanor and shall be subject to a fine of not more than $1,000 or imprisonment for a term not to exceed ninety (90) days, or both, plus in either case the costs of prosecution. In addition, violations shall be reported to the Board and recommendation shall be made for suspension, revocation, or cancellation of an organization’s license. 518.15: SEVERABILITY: If any provision of this ordinance is found to be invalid for any reason by a court of competent jurisdiction, the validity of the remaining provisions shall not be affected. SECTION 2. The City Council of the City of Mounds View hereby amends Title 500, Chapter 502, of the Mounds View Municipal Code by amending Section 502.13, subdivision 2, as follows: Subd. 2. Gambling Devices: a. No licensee shall keep, possess or operate or permit the keeping, possession or operation of any slot machines, dice or any gambling device or apparatus equipment on the licensed premises or in any room adjoining the licensed premises in violation of Chapter 349 of Minnesota Statutes and Chapter 518 of the City Code. Licensee shall not permit any gambling therein, except when in conjunction with an event licensed under Minnesota Statutes 349 and sponsored by a fraternal, religious, veteran or other nonprofit organization in the City, which has been in existence for at least three (3) years and has at least thirty (30) active members. b. No licensee shall conduct or permit to be conducted on any licensed premises “casino” or “Las Vegas” events where guests are allowed to participate in gambling activities, except when said guests are not required to provide monetary consideration for the right to participate in the event. Page 5 c. By December 31st of each calendar year, a licensed organization conducting lawful gambling within the City shall expend seventy five percent (75%) of its expenditures for lawful purposes conducted or located within the City's trade area. The City's “trade area” is defined as, and limited to, Mounds View, Spring Lake Park, Blaine, Shoreview, Arden Hills, New Brighton and Fridley. d. Each organization licensed to conduct charitable gambling in the City shall report monthly to the City its gross receipts, expenses, and profits from those activities in and the distribution of those profits, itemized as to payee, purpose, amount and date of payment. Organizations licensed to conduct charitable gambling at more than one (1) site must provide the above-mentioned information for each site within the City. These requirements may be satisfied by submission of copies of the monthly reports required by the Gambling Control Board. SECTION 3. The City Council of the City of Mounds View hereby amends Title 500, Chapter 503, of the Mounds View Municipal Code by amending Section 503.09, subdivision 8, as follows: Subd. 8. Gambling and Gambling Devices: a. No licensee shall keep, possess or operate or permit the keeping, possession or operation of any slot machines, dice or any gambling device or apparatus equipment on the licensed premises or in any room adjoining the licensed premises in violation of Chapter 349 of Minnesota Statutes and Chapter 518 of the City Code. Licensee shall not permit any gambling therein, except when in conjunction with an event licensed under Minnesota Statutes 349 and sponsored by a fraternal, religious, veteran or other nonprofit organization in the City, which has been in existence for at least three (3) years and has at least thirty (30) active members. b. No licensee shall conduct or permit to be conducted on any licensed premises “casino” or “Las Vegas” events where guests are allowed to participate in gambling activities, except when said guests are not required to provide monetary consideration for the right to participate in the event. c. By December 31st of each calendar year, a licensed organization conducting lawful gambling within the City shall expend seventy five percent (75%) of its expenditures for lawful purposes conducted or located within the City's trade area. The City's “trade area” is defined as, and limited to, Mounds View, Spring Lake Park, Blaine, Shoreview, Arden Hills, New Brighton and Fridley. d. Each organization licensed to conduct charitable gambling in the City shall report monthly to the City its gross receipts, expenses, and profits from those activities in and the distribution of those profits, itemized as to payee, purpose, amount and date of payment. Organizations licensed to conduct charitable gambling at more than one (1) site must provide the above-mentioned information for each site within the City. These requirements may be satisfied by submission of copies of the monthly reports required by the Gambling Control Board. Page 6 SECTION 4. This ordinance shall take effect and be in force 30 days from and after its passage and publication, in accordance with Section 3.09 of the City Charter. Reintroduction and First Reading: March 8, 2010 Second Reading and Adoption: March 22, 2010 Publication Date: April 1, 2010 Joe Flaherty, Mayor Attest: _______________________________ Jim Ericson, Clerk-Administrator (seal) Page 7 Item No: 07D Meeting Date: March 8, 2010 Type of Business: CB Administrator Review: ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Assistant City Clerk-Administrator Item Title/Subject: Resolution 7587, Designating the 2009 Citizenship Award Background: The City of Mounds View Citizenship Award recognizes ordinary citizens who have demonstrated initiative to improving the community. Past recipients of this award include: 2004: David Jahnke 2005: Frank Silvis 2006: Ed Lanz 2007: Don Hodges 2008: Barbara Haake Discussion: The City of Mounds View Citizenship Award recognizes a Mounds View resident who represents the energetic, courageous, persistent and informed involvement of an ordinary citizen in the issues and challenges that affect the City of Mounds View. The award seeks to honor highly effective community leaders who have invested a significant amount of time improving their community. The City received four nomination forms (two of the nomination forms are for one resident) for the Mounds View Citizenship Award. Nominations were reviewed by the City Council at the March 1st Work Session. The City Council made a decision to designate the 2009 Mounds View Citizenship Award to Diane Wuori. The Mounds View Citizenship Award is scheduled to be presented at the March 29th Town Hall Meeting, located at Mounds View City Hall. Ms. Wuori has been notified, and will be attending. Staff has attached a draft of the plaque that will be presented at the Town Hall Meeting. Item 07D March 8, 2010 Council Business Page 2 Recommendation: It is recommended that the City Council approve the attached Resolution 7587, Designating the 2009 Mounds View Citizenship Award to Diane Wuori. Respectfully submitted, ___________________________ Desaree Crane RESOLUTION NO. 7587 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION DESIGNATING THE 2009 MOUNDS VIEW CITIZENSHIP AWARD WHEREAS, the Mounds View Citizenship Award recognizes ordinary citizens who have demonstrated outstanding dedication to improving their communities; and WHEREAS, the Mounds View Citizenship Award recognizes a Mounds View resident who represents the energetic, courageous, persistent and informed involvement of an ordinary citizen in the issues and challenges that affect the City; and WHEREAS, nominations were solicited from the public and were reviewed by the City Council; and WHEREAS, Diane Wuori, 5613 St. Stephen Street, was selected from the nominations and meets the criteria outlined in the policy; and WHEREAS, Diane Wuori, as a citizen of Mounds View, has exemplified the courage and determination to follow her values; and WHEREAS, Diane Wuori has demonstrated drive and initiative in her approach to citizenship and has worked steadfastly with various community groups and organizations; and WHEREAS, Diane Wuori has volunteered a significant amount of time and energy to further community causes and issues; and WHEREAS, her efforts have generated positive results for the community; and WHEREAS, she has contributed her efforts unselfishly, not expecting anything in return. NOW, THEREFORE BE IT RESOLVED, that the Mounds View City Council does hereby present the 2009 Mounds View Citizenship Award to Diane Wuori, in sincere gratitude and appreciation for efforts as a Mounds View citizen. Adopted this 8th day of March, 2010 ______________________________ Joe Flaherty, Mayor ATTEST: ______________________________ James Ericson, Clerk-Administrator (seal) (AWARD TO BE PRESENTED AT THE TOWN HALL MEETING) 2009 MOUNDS VIEW CITIZENSHIP AWARD Presented to DIANE WUORI In recognition of many years of community participation and dedicated service as a citizen of Mounds View WHEREAS, Diane Wuori, as a citizen of Mounds View, has exemplified the courage, initiative, and determination to follow her values; and WHEREAS, she has demonstrated drive and initiative in her approach to leadership, and has worked consistently with various community groups and organizations; and WHEREAS, she has volunteered a significant amount of time, passion, and energy to further community causes and issues; and WHEREAS, she unselfishly gave her efforts, not expecting anything in return; and WHEREAS, her efforts have generated positive results for the community. NOW, THEREFORE BE IT RESOLVED, that the City Council does hereby present the 2009 Mounds View Citizenship Award to Diane Wuori, in sincere gratitude and appreciation for efforts as a Mounds View citizen. Presented by the MOUNDS VIEW CITY COUNCIL March 29, 2010 Item No: 7E Meeting Date: March 8, 2010 Type of Business: CB Administrator Review : ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, Clerk - Administrator Item Title/Subject: Resolution 7588 Approving the City of Mounds View Code of Conduct and Statement of Values Introduction: Last year, the League of Minnesota Cities (LMC) established a ten-member ethics advisory panel to work toward a product that would promote high standards of ethical behavior while providing a helpful framework to city officials who deal with such issues. The panel, which included Council Member Carol Mueller, produced two model documents—a code of conduct and a statement of values. The City Council reviewed the documents at the March 1, 2010 Work Session and directed staff to prepare a resolution to formally approve both. Discussion: The Code of Conduct is a “law-based” document, incorporating very specific standards of behavior that are already written into state statute or that have been handed down by court rulings. The Code of Conduct also offers legal methods for dealing with infractions. By adopting this code at the municipal level, a city council can take self-initiated action to see that these standards are upheld in the community, rather than having to wait on civil litigation initiated by citizens or criminal prosecution by the county attorney. The Statement of Values is an aspirational document, intended to provide a framework for ethical decision-making. The values it promotes can only be self-enforced, primarily by providing an ethical anchor, raising the quality of discussion and expectation among city officials and in the community, and by appealing to the conscience of the individual. It would be difficult and likely counterproductive to suggest that such values could be subject to formal review or enforcement action. Recommendation: Based upon the discussion at the March 2010 Work Session, Resolution 7588 has been prepared which formally adopts the Code of Conduct and Statement of Values policies. Upon adoption, both documents will be made available to all commission and committee members and employees. Respectfully submitted, ________________________ James Ericson Clerk - Administrator RESOLUTION NO. 7588 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION ADOPTING THE CITY OF MOUNDS VIEW “CODE OF CONDUCT” AND “STATEMENT OF VALUES” POLICY DOCUMENTS WHEREAS, the League of Minnesota Cities assembled a ten-member ethics advisory panel to discuss ethical behavior and to formulate a product that would promote high standards of ethical behavior while providing a helpful framework to city officials who deal with such issues; and, WHEREAS, two model documents were prepared by the Panel, a “Code of Conduct” and a “Statement of Values,” both of which were approved by the League’s Board of Directors; and, WHEREAS, the Mounds View City Council reviewed both model documents and determined both should be incorporated into the City’s Administrative Policy Manual to help guide ethical and responsible behavior and to establish a process to respond to allegations or complaints alleging unethical behavior. NOW, THEREFORE BE IT RESOLVED, that the Mounds View City Council approves the attached City of Mounds View CODE OF CONDUCT and the City of Mounds View STATEMENT OF VALUES policy documents. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Mounds View City Council directs that said policy documents be provided to all commission and committee members as well as employees and volunteers of the City as a guide and reminder of the City’s expectation regarding ethical behavior. Adopted this 8th day of March, 2010. _______________________________ Joe Flaherty, Mayor ATTEST: _______________________________ James Ericson, Clerk - Administrator (seal) Code of Conduct Policy Purpose The City Council of the City of Mounds View determines that a code of conduct for its members, as well as the members of the commissions and committees of the City of Mounds View, is essential for the public affairs of the City. By eliminating conflicts of interest and providing standards for conduct in City matters, the City Council hopes to promote the faith and confidence of the citizens of Mounds View in their government and to encourage its citizens to serve on its Council, commissions and committees. Standards of Conduct Subd. 1. No member of the City Council or a City commission or committee may knowingly: a. Violate the open meeting law. b. Participate in a matter that affects the person’s financial interests or those of a business with which the person is associated, unless the effect on the person or business is no greater than on other members of the same business classification, profession, or occupation. c. Use the person’s public position to secure special privileges or exemptions for the person or for others. d. Use the person’s public position to solicit personal gifts or favors. e. Use the person’s public position for personal gain. f. Except as specifically permitted pursuant to Minn. Stat. 471.895, accept or receive any gift of substance, whether in the form of money, services, loan, travel, entertainment, hospitality, promise, or any other form, under circumstances in which it could be reasonably expected to influence the person, the person’s performance of official action, or be intended as a reward for the person’s official action. g. Disclose to the public, or use for the person’s or another person’s personal gain, information that was gained by reason of the person’s public position if the information was not public data or was discussed at a closed session of the City Council. h. Disclose information that was received, discussed, or decided in conference with the City’s legal counsel that is protected by the attorney-client privilege unless a majority of the City Council has authorized the disclosure. i. Represent private interests before the City Council or any City committee, commission or agency. Subd. 2. Except as prohibited by the provisions of Minn. Stat Sec. 471.87, there is no violation of subdivision 1b of this section for a matter that comes before the council, board, or commission if the member of the council, board, or commission publicly discloses the circumstances that would violate these standards and refrains from participating in the discussion and vote on the matter. Nothing herein shall be construed to prohibit a contract with a member of the city council under the circumstances described under Minn. Stat. Sec. 471.88, if proper statutory procedures are followed. Complaint, Hearing Complaints alleging a violation of these standards of conduct may be submitted in writing to the City Administrator. The complaint must contain supporting facts for the allegation. The City Council may hold a hearing after receiving the written complaint or upon the Council's own volition. A hearing must be held only if the City Council determines (1) upon advice of the city attorney, designee, or other attorney appointed by the council, that the factual allegations state a sufficient claim of a violation of these standards or rise to the level of a legally-recognized conflict of interest, and (2) that the complaint has been lodged in good faith and not for impermissible purposes such as delay. The City Council’s determination must be made within 30 days of the filing of the allegation with the City Administrator. If the Council determines that there is adequate justification for holding a hearing, the hearing must be held within 30 days of the City Council’s determination. At the hearing, the person alleged to have violated these standards shall be provided an opportunity to be heard. After the hearing, if the Council finds that a violation of a standard has occurred or exists, the Council may censure the person, refer the matter for criminal prosecution, request an official not to participate in a decision, or remove an appointed member of an advisory commission or committee from office. Policy approved via Resolution 7588 Adopted March 8, 2010 Statement of Values Preamble The proper operation of democratic government requires that decision-makers be independent, impartial, and accountable to the people they serve. The City of Mounds View has adopted this Statement of Values to promote and maintain the highest standards of personal and professional conduct in the City's government. All elected and appointed officials, City employees, and volunteers are required to subscribe to this statement, understand how it applies to their specific responsibilities, and practice its core values in their work. Because we seek public confidence in the City's services and public trust of its decision-makers, our decisions and our work must meet the most demanding ethical standards and demonstrate the highest levels of achievement in following this statement. The Values As a Representative of the City of Mounds View, 1. I serve the public interest 2. I fulfill the duties and responsibilities of holding public office 3. I am ethical 4. I am professional 5. I am fiscally responsible 6. I am conscientious 7. I communicate effectively 8. I am collaborative 9. I am forward thinking Value expressions 1. I serve the public interest. In practice, this value means that: a. I provide courteous, equitable, and prompt service to everyone. b. I am attuned to, and care about, the needs and issues of citizens, public officials, and city workers. c. I am interested, engaged, and responsive in my interactions with constituents. d. I recognize and support the public’s right to know the public’s business. 2. I fulfill the duties and responsibilities of holding public office. In practice, this value means that: a. I observe the highest standards of integrity in my official acts and undertake my responsibilities for the benefit of the greater public good. b. I faithfully discharge the duties of my office regardless of my personal considerations, recognizing that the public interest is my primary concern. c. I uphold the Constitution of the United States and the Constitution of the State of Minnesota and carry out impartially the laws of the nation, state, and city and thus foster respect for all government. d. I comply with both the letter and the spirit of the laws and policies affecting operations of the City. e. I recognize my obligation to implement the adopted goals and objectives of the City in good faith, regardless of my personal views. f. I conduct myself in both my official and personal actions in a manner that is above reproach. g. I do not use my position to secure for myself or others special privileges or exemptions that are different from those available to the general public. h. I understand and abide by the respective roles and responsibilities of elected and appointed officials and city staff and will not undermine them in their work. i. I am independent, impartial, and fair in my judgment and actions. 3. I am ethical. In practice, this value means that: a. I am trustworthy, acting with the utmost integrity and moral courage. b. I am truthful, doing what I say I will do, and am reliable. c. I am accountable for my actions and behavior and accept responsibility for my decisions. d. I make impartial decisions, free of influence from unlawful gifts, narrow political interests, and financial and other personal interests that impair my independence of judgment or action. e. I am fair, distributing benefits and burdens according to consistent and equitable criteria. f. I oppose all forms of harassment and unlawful discrimination. g. I extend equal opportunities and due process to all parties in matters under consideration. h. I show respect for confidences and confidential information. i. I avoid giving the appearance of impropriety and of using my position for personal gain. 4. I am professional. In practice, this value means that: a. I apply my knowledge and expertise to my assigned activities and to the interpersonal relationships that are part of my job in a consistent, confident, competent, and productive manner. b. I approach my job and work-related relationships with a positive attitude, contributing to a supportive, respectful, and non-threatening work environment. c. I keep my professional knowledge and skills current and growing. d. I am respectful of all city staff, officials, volunteers, and others who participate in the City’s government. 5. I am fiscally responsible. In practice, this value means that: a. I make decisions after prudent consideration of their financial impact, taking into account the long-term financial needs of the City, especially its financial stability. b. I demonstrate concern for the proper use of City assets (e.g., personnel, time, property, equipment, funds), follow established procedures, and do not use public resources for personal gain. c. I make decisions that seek to preserve the financial capacity of the City to provide programs and services for City residents. d. I provide full disclosure of any potential financial or other private conflict of interest. I abstain from participating in the discussion and vote on these matters. e. I prevent misuse of public funds by establishing, maintaining, and following strong fiscal and management controls. f. I report any misuse of public funds of which I am aware. 6. I am conscientious. In practice, this value means that: a. I act in an efficient manner, making decisions and recommendations based upon research and facts, taking into consideration short and long term goals. b. I follow through in a responsible way, keeping others informed, and responding in a timely fashion. c. I am respectful of established City processes and guidelines. d. I prioritize my duties so that the work of the City may move forward. e. I prepare for all meetings by reviewing any materials provided ahead of time. When I have materials to contribute, I make sure all others involved have ample time to review these materials prior to the meeting. 7. I communicative effectively. In practice, this value means that: a. I convey the City's care for and commitment to its citizens. b. I communicate in various ways that I am approachable, open-minded, and willing to participate in dialog. c. I engage in effective two-way communication by listening carefully, asking questions, and responding appropriately which adds value to conversations. d. I do not interfere with the orderly conduct of meetings by interrupting others or making personal comments not germane to the business at hand. e. I follow up on inquiries in a timely manner. f. I encourage and facilitate citizen involvement in policy decision-making. g. I am respectful in disagreements and contribute constructively to discussions on the issue. 8. I am collaborative. In practice, this value means that: a. I act in a cooperative manner with groups and other individuals, working together in a spirit of tolerance and understanding to accomplish common goals. b. I share information with others in a timely manner so that, together, we can make informed decisions. c. I work towards consensus building and gain value from diverse opinions. d. I accomplish the goals and responsibilities of my individual position, while respecting my role as a member of a team. 9. I am forward thinking. In practice, this value means that: a. I promote intelligent, proactive, and thoughtful innovation in order to advance the City's policy agenda and provide City services while considering the broader regional, state- wide, national, and international implications of the City's decisions and issues. b. I maintain consistent standards, but am also sensitive to the need for compromise, creative problem solving, and making improvements when appropriate. c. I am open to new ideas and processes, adopting them as they conserve resources and provide efficient and cost-effective service. d. I consider the potential long-term consequences and implications of my actions and inactions. Policy approved via Resolution 7588 Adopted March 8, 2010 M:\administration\jime\Admin\Ethics\MV Statement of Values.doc Item No: 7F Meeting Date: March 8, 2010 Type of Business: CB Administrator Review : ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, Clerk - Administrator Item Title/Subject: Resolution 7589 Approving the 2010 City Council Goals and Priorities Introduction: The Mounds View City Council held a retreat at Random Park on February 12, 2010 with the department heads to discuss, among other things, goals and priorities for 2010. Discussion: The goals and priorities as considered by the Council are as follows, listed in order of importance: 1. Address Immediate Budget Constraints and Achieve Budget Sustainability 2. Enhance City Revenue Streams 3. Focus on County Highway 10 Development and Redevelopment 4. Continue implementing the Street and Utility Improvement Program 5. Continue Emphasis on Code Enforcement throughout the City 6. Ensure Long-Term Municipal I-net Backbone Connectivity 7. Continue Focus on Issues Relating to Home Foreclosures and Vacancies 8. Assess and Improve Community Center Operations 9. Continue to Encourage Public Participation and Improve Communications Recommendation: Approve Resolution 7589, a resolution adopting the City Council’s identified goals and priorities for 2010. Respectfully submitted, ________________________ James Ericson Clerk - Administrator RESOLUTION NO. 7589 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING THE CITY COUNCIL’S IDENTIFIED GOALS AND PRIORITIES FOR 2010 WHEREAS, the City Council together with department heads held a management and planning retreat on February 12, 2010 at the Random Park building; and, WHEREAS, the City Council reviewed and discussed the many issues and challenges presently faced by the City; and, WHEREAS, the City Council identified and ranked their most important goals and priorities for 2010, with said goals and priorities stated in Exhibit A, attached hereto. NOW, THEREFORE BE IT RESOLVED THAT the Mounds View City Council does hereby approve the attached goals and priorities for 2010. Adopted this 8th day of March, 2010. _______________________________ Joe Flaherty, Mayor ATTEST: _______________________________ James Ericson, Clerk - Administrator (seal) 2010 Goals and Priorities On February 12, 2010, the City Council and Department Heads held a strategic planning and goal setting retreat at Random Park. After reviewing the goals set by the City in 2008 and reapproved in 2009, the Council identified a new set of goals and priorities which are as follows: o Address Immediate Budget Constraints and Achieve Budget Sustainability o Enhance City Revenue Streams o Focus on County Highway 10 Development and Redevelopment o Continue implementing the Street and Utility Improvement Program o Continue Emphasis on Code Enforcement Throughout the City o Ensure Long-Term Municipal I-net Backbone Connectivity o Continue Focus on Issues Relating to Home Foreclosures and Vacancies o Assess and Improve Community Center Operations o Continue to Encourage Public Participation and Improve Communications These goals and priorities represent a combination of both short and long term issues and serve as a framework and guide for future actions by the City Council. The highest priority identified by the Council relates to the budget and dealing with the unplanned additional unallotment of intergovernmental aid. With the prospect of such aid unlikely in subsequent years, the City Council will need to develop a budget that is affordable, reasonable and sustainable over the long-term; sheltered from future state budget deficiencies. To achieve these goals, the City will need to explore opportunities for enhanced revenues, encourage additional development and redevelopment, continue working on the street and utility reconstruction program and maintain its emphasis on code enforcement activity. The City needs to do all these while providing the core public services to the residents and property owners they expect and depend upon. RESOLUTION 7590 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING A CONSTRUCTION CONTRACT FOR MOUNDS VIEW COMMUNITY CENTER GYMNASIUM AND EVENT CENTER HARDWOOD FLOOR REFINISHING WHEREAS, the gymnasium and Event Center hardwood floors at the Mounds View Community Center are in need of refinishing; and WHEREAS, the City solicited and received five quotes ranging from $4,015 to $14,899 by contractors to perform the hardwood floor improvements; and WHEREAS, Twin City Hardwood Flooring, Inc. of Andover, Minnesota submitted the lowest total quote in the amount of $4,015; and WHEREAS, monies for the hardwood floor refinishing has been planned for in the adopted 2010 Budget under MVCC-YMCA (252-4732-5110) in the amount of $10,000. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota as follows: 1. The City hereby accepts the total quote proposal of $4,015 submitted by Twin City Hardwood Flooring, Inc. to refinish the hardwood floors in the Mounds View Community Center gymnasium and Event Center. 2. City Staff is authorized to prepare a construction contract agreement between the City of Mounds View and Twin City Hardwood Flooring, Inc. in the amount of $4,015. 3. Upon satisfactory review of the prepared construction contract agreement by the City Attorney, the Mayor and Clerk-Administrator are hereby authorized and directed, for and on behalf of the City, to execute and enter into a construction contract agreement with Twin City Hardwood Flooring, Inc. for the MVCC Gymnasium and Event Center Hardwood Floor Refinishing (City Project No. 2010-00C). 4. Payment for construction improvements of the MVCC Gymnasium and Event Center Hardwood Floor Refinishing shall be funded by the MVCC-YMCA account (252-4732-5110) in an amount not to exceed $4,415, which includes a 10% construction contingency for minor work associated with unknowns that could occur during construction. Adopted this 8th day of March, 2010. ____________________________________ Joe Flaherty, Mayor ATTEST: ____________________________________ James Ericson, Clerk-Administrator (SEAL) Item No: 7G Meeting Date: March 8, 2010 Type of Business: Council Business Administrator Review: ____ To: Honorable Mayor and City Council From: Nick DeBar, Public W orks Director Item Title/Subject: Resolution 7590, Approving a Construction Contract for the MVCC Gymnasium and Event Center Hardwood Floor Refinishing Background: The Mounds View Community Center (MVCC) gymnasium and Event Center (EC) have hardwood floors in need of refinishing. The refinishing operation proposed is a “buff and coat” operation that does not remove the existing finish to bare wood, but rather scuffs and roughens the existing clear coat surface and re-applies a new clear coat layer. Although the maintenance cycle for refinishing hardwood floors as these varies depending on use, age, type of use, and other factors; a general rule of thumb is to refinish every one to two years. The MVCC gymnasium floor has not been refinished since 2003 (7 years) and the Event Center floor was refinished about four years ago. Discussion: Public Works Staff solicited quotes from hardwood floor contractors to perform this work. Quotes were submitted on a lump sum basis and work was broken down between the gymnasium floor (9,080 sq. ft.) and EC floor (1,620 sq. ft.). The gymnasium work also includes re-securing approximately 300 linear feet of cove base and installing cork around two duplex floor outlets for expansion and contraction. The following summarizes the quotes received: Rank Quoter/Contractor Gym Quote EC Quote Total Quote Low Twin City Hardwood Flooring, Inc. (Andover, MN) $ 3,475 $ 540 $ 4,015 2 Floors by Steve (Roseville, MN) $ 3,200* $ 800 $ 4,000* 3 Rob’s Custom Upholstery & Flooring (Maple Lake, MN) $ 4,869.20 $ 793.80 $ 5,663 4 Jerry’s Floor Store (Maple Lake, MN) $ 8,607 $ 1,539 $ 10,146 5 Midwest W ood Renewal, LLC (Oakdale, MN) $ 12,712 $ 2,187 $ 14,899 *Floors by Steve had an additional $50/hr. to re-secure cove base and install cork. The refinishing work (buff and coat) is scheduled to occur on Thursday, March 25, 2010 and Friday, March 26, 2010. Public W orks Staff coordinated this time slot with the YMCA staff to accommodate the work. The floors will require approximately one week to cure and YMCA staff does not have gymnasium activities planned until the following weekend (Friday, April 2, 2010). Re-securing cove base, installing cork around the floor duplex outlets, and other preparatory work will be done prior to the “buff and coat” operations. Public Works Staff has talked to Twin City Hardwood Flooring to confirm their quote and their availability to perform the work on March 25-26, 2010. Twin City Hardwood Flooring has confirmed that their quote is correct and the timing fits into their workload schedule. Resolution 7590 - MVCC Gymnasium & EC Hardwood Floor Refinishing March 8, 2010 Page 2 Funding for refinishing the hardwood floors is included under the MVCC-YMCA account (252-4732-5110) in the adopted 2010 Budget in the amount of $10,000, well below the $4,015 low quote. Staff recommends that the City Council consider adding a 10% construction contingency to the quote for minor work associated with unknowns that could occur during construction. This contingency would add an additional $400 (10%x$4,015) to the $4,015 for a grand total authorized amount not to exceed $4,415. Recommendation: Staff recommends that the City Council adopt Resolution 7590 which will authorize entering into a construction contract agreement with Twin City Hardwood Floor, Inc. of Andover, Minnesota to refinish the hardwood floors in the gymnasium and Event Center at the MVCC. Respectfully submitted, Nick DeBar Public W orks Director Attachment: • Resolution 7590 Item No: 08A Meeting Date: March 8, 2010 Type of Business: CA Administrator Review : ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Barb Benesch, Community Development Technician Item Title/Subject: CONTRACTOR LICENSES FOR APPROVAL Please consider the following contractor licenses for approval. All contractor licenses will expire on December 31, 2010. All applicants have submitted appropriate fees and proof of insurance. Those companies that are “new” include applicants that have never been licensed with the City or they may have been licensed with the City in the past, but were not licensed in 2009. The majority of the licenses are renewals, so at a minimum, they were licensed in 2009. The type of license they are applying for follows the company name. Hinding Heating & Air HVAC Renewal Kevin’s Heating & Cooling HVAC New Olson, Adam HVAC New Royalton Heating & Cooling HVAC Renewal Recommendation: Approve license applications as requested. Item No: 8B Meeting Date: March 8, 2010 Type of Business: Consent Administrator Review: ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, Clerk - Administrator Item Title/Subject: Resolution 7591 Approving an Amended and restated Joint Powers Agreement with the North Metro mayors Association Introduction: In an effort to help member cities save money on product and service purchases, the North Metro Mayors Association (NMMA) has explored over the past six months the potential of creating a Central Purchasing Program. Discussion: Upon review of the original North Metro Mayors Association Joint Powers Agreement, legal counsel assisting the NMMA has recommended that the organization amend and restate the joint powers agreement to clear up any potential concerns that the current joint powers agreement may be too limiting to allow the NMMA to initiate a central purchasing program. Attached for your review and approval is the new “Amended and Restated Joint Powers Agreement for a Coalition of Metropolitan Communities” that the NMMA Board authorized at its January Board meeting subject to legal review and recommendation to then be circulated to all member cities for approval. Also included for your reference is a summary of the proposed Central Purchasing Program. Recommendation: Staff is recommending approval Resolution 7591, a resolution approving the amended and restated joint powers agreement for a coalition of metropolitan communities, namely, the North Metro Mayors Association. Respectfully submitted, ________________________ James Ericson Clerk - Administrator Attachments 1. Resolution 7591 2. Amended and Restated JPA 3. NMMA Background 4. Central Purchasing Program Summary RESOLUTION NO. 7591 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING THE AMENDED AND RESTATED JOINT POWERS AGREEMENT FOR A COALITION OF METROPOLITAN COMMUNITIES WHEREAS, the City Council entered into a joint powers agreement with other north metro communities in the 1980s to form a coalition, to be named the “North Metro Mayors Association” for the express purposes of jointly promoting transportation and economic development and to assist in providing government services and conducting government functions effectively and efficiently; and, WHEREAS, the North Metro Mayors Association (NMMA) has researched and analyzed the purchasing patterns of its member cities; and, WHEREAS, the purchasing analysis suggests that the cumulative purchasing power of the NMMA members can drive more competitive pricing, including areas that can be negotiated to unit prices below those on state contracts; and, WHEREAS, the NMMA seeks to amend the original Joint Powers Agreement to facilitate the implementation of a voluntary central purchasing program; and, WHEREAS, participation in the voluntary central purchasing program would not impact the existing purchasing procedures and/or policies of the member cities. NOW, THEREFORE BE IT RESOLVED THAT the City Council of the City of Mounds View approves the amended changes to the Joint Powers Agreement with the North Metro Mayors Association to allow for a voluntary central purchasing program of goods and services with other members of the Coalition. Adopted this 8th day of March, 2010. _______________________________ Joe Flaherty, Mayor ATTEST: _______________________________ James Ericson, Clerk - Administrator (seal) STRIKETHROUGH VERSION AMENDED AND RESTATED JOINT POWERS AGREEMENT FOR A COALITION OF METROPOLITAN COMMUNITIES THIS AGREEMENT, made and entered into by and between the cities of Andover, Anoka, Blaine, Brooklyn Center, Brooklyn Park, Champlin, Circle Pines, Columbus, Coon Rapids, Dayton, Lexington, Mounds View, Maple Grove, Minneapolis, New Brighton, New Hope, Osseo, Ramsey, Spring Lake Park, which cities are all of the current members (hereinafter collectively referred to as the “Initial Members”) of the North Metro Mayors Association, a Minnesota joint powers organization (hereinafter referred to as the “Coalition”). WHEREAS, the Initial Members are parties to the joint powers agreement that created the Coalition (hereinafter the “Original Joint Powers Agreement”); and WHEREAS, the Initial Members have determined that it is in the best interest of the public to amend the joint powers agreement of the Coalition as hereinafter set forth. NOW THEREFORE, pursuant to the authority granted by Minnesota Statutes, Section 471.59, the parties hereto agree that the Original Joint Powers Agreement is amended and restated as follows: 1) NAME OF ORGANIZATION. The parties hereby create a joint powers organization to be known as the North Metro Mayors Association (hereinafter referred to as the “Coalition”). 2) MEMBERS. Entities authorized to be parties to a joint powers agreement by Minnesota Statutes, Section 471.59 may join the Coalition as members upon approval of a majority of the Board of Directors, approval by resolution of the governing body of the entity, execution of a copy of this Agreement and filing of an executed copy of the resolution and agreement with the Coalition. ’s Executive Director. 3) PURPOSE. The purpose of the Coalition is to promote transportation and economic development and to assist governmental units in providing government services and conducting government functions effectively and efficiently. 4) BOARD OF DIRECTORS. The governing body of the Coalition shall be its Board of Directors. Each member shall appoint two (2) directors. Each director shall have one (1) vote. Board Members shall hold office at the pleasure of the appointing member and shall remain in office until replaced. A majority of the Board of Directors shall constitute a quorum of the Board. 5) COMMITTEES. The Board of Directors shall appoint an Operating Committee. The Operating Committee shall have authority to manage the affairs and business of the STRIKETHROUGH VERSION Coalition between Board meetings, but at all times, shall be subject to the control and direction of the Board. The Operating Committee shall meet as needed at a time and place to be determined by the Chair of the Operating Committee. The Board may establish such other committees, task forces or working groups as it deems appropriate. 6) MEETINGS. The Coalition shall meet on call of the president, the Executive Vice president and Chief Operating Officer or of the Operating Committee. 7) FINANCIAL MATTERS. Coalition funds may be expended by the Board. Other legal instruments shall be executed by Coalition officers with authority granted by the Board. The Board shall have no authority to expend funds in excess of the Coalition funds or incur any debt. The financial contribution of the members in support of the Coalition shall be per capita for members determined annually by the Board. Each of the members shall, by February 2nd of each year, pay to the Coalition an amount as annually determined by the Board Coalition based on the most recent Metropolitan Council population estimates. The Board may authorize changes in the per capita charge member assessment for all members upon majority vote. The annual member assessment levy shall be determined by October 1st of the preceding year. The Board may receive financial contributions from counties, non-profit organizations, private associations, entities or financial institutions. The Board may make such counties, non-profit organizations, associations, entities or institutions honorary associate members. Honorary associate members may send representatives to Board meetings, but shall not be entitled to representation on the Board or have any voting rights. 8) BYLAWS. The Board of Directors shall adopt such bylaws and procedures as it deems appropriate for the administration of the Coalition and the conduct of its meetings. Such bylaws may be adopted and amended only by a majority vote of all Board Members. 9) OFFICERS. At the first meeting of the Board of Directors in each year, the Board will elect from its members a President, a Vice President, a Treasurer and a Secretary and such other officers as it deems necessary to conduct its meetings and affairs. 10) POWERS. A. The Coalition may employ such persons as it deems necessary to accomplish its purposes. B. The Coalition may contract with any members, other governmental units or other entities to accomplish its purposes. STRIKETHROUGH VERSION C. The Coalition may contract for space, equipment and supplies to carry on its activities. D. The Coalition shall designate one or more national or state banks or trust companies authorized by Minnesota Statutes, Chapter 118A or 427, to receive deposit of public monies to act as depositories for the Coalition’s funds. No funds may be disbursed without the signatures of two officers an authorized officer. E. The Coalition shall purchase such insurance as it deems appropriate but shall purchase liability insurance in at least the amount of potential liability for political subdivisions under Minnesota Statutes, Section 466.04. F. The Coalition may undertake programs and contract with members, and with any non-members authorized to enter into joint powers agreements under Minnesota Statutes, Section 471.59, to provide services to those contracting parties including, but not limited to, joint purchasing of supplies, other products, equipment and services; provided, however, that the Coalition may provide such services to individual members or to non-members only when the program is self-supporting and will not result in any non-participating member incurring expenses or in expenditure of any of the Coalition funds derived from membership contributions. 11) WITHDRAWAL. Any member may withdraw from the Coalition effective on January 1 of any year by giving written notice to the Coalition President of the Board prior to October 15 of the preceding year. 12) TERMINATION. The Coalition shall be dissolved if less than three (3) members remain, or by mutual signed agreement of all of the members. Upon termination, remaining assets of the Coalition shall be distributed to the members still remaining at the time of termination, pro rated according to their respective contributions for the year of termination. 13) NOTICES. All notices or other communications required to be given to the Coalition President shall be sufficiently given and shall be deemed given when delivered or mailed by registered or certified mail, postage prepaid. 14) AMENDMENTS. This Agreement may be amended and become effective only by written agreement entered into by all members in good standing. 15) MULTIPLE EXECUTION. This Agreement may be executed simultaneously in any number of counterparts, each of which counterparts shall be deemed to be an original and all such counterpart shall constitute but one and the same instrument. An originally executed counterpart shall be filed with Sarah M. Eppard,the Executive DirectorVice STRIKETHROUGH VERSION President and Chief Operating Officer, North Metro Mayors Association, 8525 Edinbrook Crossing1000 Westgate, Suite #5, Brooklyn Park 201, St. Paul, MN 55443.55114. 16) EFFECTIVE DATE. This Agreement shall be in full force and effect upon receipt by Sarah M. Eppard,the Executive DirectorVice President and Chief Operating Officer, North Metro Mayors Association, 8525 Edinbrook Crossing1000 Westgate, Suite #5, Brooklyn Park 201, St. Paul, MN 55443,55114, of an executed copy hereof, along with a copy of a certified resolution of the governing bodies of each of the Initial Members authorizing such execution and delivery. Upon receipt of all such documents, the Original Joint Powers Agreement shall be superseded and replaced by this Agreement, and the Executive DirectorVice President and Chief Operating Officer will promptly mail a copy of the fully executed agreement to each of the Initial Members. CITY OF MOUNDS VIEW Joe Flaherty, Mayor ___________________________________ James Ericson, Clerk-Administrator North Metro Mayors Association Central Purchasing Program Overview of benefits The North Metro Mayors Association developed a Central  Purchasing Program to help program participants save money on  products and services purchased by its members. In addition to  cost savings, members will realize time and efficiency benefits as  time‐consuming negotiations on products offered in the program  are handled by program staff. Following is a description of the  major benefits of the program:    Simple and transparent operations   North Metro Mayors Association will work with a panel of  purchasing agents from program participants to identify  products and services to include in the program.   Use formal bid process where required and pursuant to  State Statutes   NMMA will negotiate terms, and sometimes, pricing with  vendors on behalf of program participants. Terms will  include a purchasing "code of conduct" to ensure  appropriate relationships with vendors and purchasers  that meet public standards.   Some items will be negotiated as a "group buy". NMMA  will aggregate the volumes to be purchased and negotiates  a price available to all members. For other items, program  participants will negotiate prices based on their volumes  with that vendor.   Program participants will make purchases from selected  vendors and will provide documentation of purchases to  NMMA so NMMA can calculate dividends to be paid to  program participants.   Based on product or service volumes purchased, vendors  will provide a dividend to the program.   NMMA will provide a quarterly dividend to participating  NMMA members net of program administration fees.   Dividend will be calculated by NMMA, based on the  volume of goods or services purchased by NMMA  member.  Vendor delivers goods as usual Member Vendor Submits P.O to Vendor and pays for goods Provides Pays dividend Information to to NMMA NMMA on goods/ Services purchased NMMA Pays dividend to NMMA members net of management fees  Cost savings and greater ease in purchasing   The program will identify products and services used in  sufficient volume by members where negotiating with  vendors based on higher aggregate volumes will yield  savings.   NMMA will handle the negotiations of complex product  and service offerings making it easier on program  members.   The program will provide program participants with  the comfort of knowing that experienced negotiators  are working on their behalf.    Easy to participate and no obligation     To participate, all that is required is to become a  signatory to the Joint Powers Agreement and to identify  a representative to become trained in how to access the  benefits.   Participation in the program does not change the way  members purchase. Decisions on what to buy and when  are always up to the participant.    There is no cost to participate in this program and  participants may decide to meet all, some, or none of  their purchasing requirements through the program at  any time.    Corrections made by Councilmember Muller, Councilmember Gunn, Clerk -Administrator Ericson, Community Development Director Rober ts, and Assistant City Clerk -Administrator Crane PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1 CITY OF MOUNDS VIEW 2 RAMSEY COUNTY, MINNESOTA 3 4 Regular Meeting 5 January 25, 2010 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, January 25, 2010, City Council Agenda. 21 22 MOTION/SECOND: Mueller/Hull. To approve the Monday, January 25, 2010, agenda as 23 presented. 24 25 Ayes – 5 Nays – 0 Motion carried. 26 27 5. PUBLIC INPUT 28 29 Mike Read, 2208 Lois Drive, suggested the Council recognize two residents, Anna and Ella, 30 Schovanec who were involved with the street project and worked with staff on the funding of the 31 project. Mayor Flaherty agreed recognition is deserved and asked staff to invite them to a 32 Council meeting. 33 34 6. SPECIAL ORDER OF BUSINESS 35 A. Kara Wattunen, Miss Ramsey County International 2010. 36 37 Mayor Flaherty welcomed Kara Wattunen, Miss Ramsey County International 2010. 38 39 Ms. Wattunen thanked the Council for inviting her to the meeting and described the competition 40 process. Mayor Flaherty noted that all of the young women in this competition deserve 41 recognition for their community involvement, wished Ms. Wattunen good luck, and invited her 42 to return after the State competition. 43 44 7. COUNCIL BUSINESS 45 Mounds View City Council January 25, 2010 Regular Meeting Page 2 1 A. 7:05 p.m. Public Hearing to Consider Resolution 7566, a Conditional Use Permit 2 Amendment for Saturn of St. Paul, 2375 Highway 10. 3 4 Planning Associate Heller presented the request of Jim Price, representing Saturn of St. Paul, for 5 an amendment to an existing conditional use permit. They are asking the City to remove an 6 existing City condition that states: “The dealership in operation on this property shall maintain a 7 new car sales license at all times” (Resolution 5042). She stated this business has been in 8 Mounds View since 1992 and been a good business partner to Mounds View. Due to the recent 9 buyout of by General Motors, they need to make some changes in their business. This location 10 does not qualify for another new car dealership due to its location but they will sell Saturns until 11 October. After that point, they want to become a Motor Trend location. Planning Associate 12 Heller reviewed staff’s consideration and advised the Council that the Planning Commission 13 unanimously voted to recommend approval of this CUP amendment on January 6, 2010. The 14 Planning Commission stated that Saturn has been a good business in the community, they 15 provide a good service, and keep their property well maintained. 16 17 Jim Price, applicant, explained that Saturn quit producing new cars some time ago but the 18 property owners want to stay in business in Mounds View as a used cars sales facility and as a 19 Saturn service facility for both Saturns and for other types of cars. Motor Trend is a new 20 franchise dealing with higher end guaranteed used cars with stringent rules on the types of cars, 21 so it fits well with their business model. If approved, it would be the second franchise in 22 Minnesota and their ownership, management, and support staff will remain the same. 23 24 Mayor Flaherty opened the public hearing at 7:20 p.m. 25 26 Ron Mikolai, property owner close to the Saturn site, stated he is pro-business and not concerned 27 with the car dealership or mechanical work but is bothered by the loud noise from the car wash 28 fans at this location. 29 30 Hearing no additional public input, Mayor Flaherty closed the public hearing at 7:22 p.m. 31 32 Council Member Mueller asked about the number of full- and part-time employees at this 33 dealership. Mr. Price stated they have 45 employees, mostly full-time, and that number will 34 remain the same and possibly increase with Motor Trend. 35 36 With regard to the car wash blowers, Mr. Price stated this is the first he heard of a noise 37 complaint. He explained it is an exit-type blower system so it operates when the door opens but 38 they will look at modifying the equipment when it needs to be replaced. Mayor Flaherty asked 39 staff to contact another car wash and find out what type of dryer is used at that location. 40 41 Council Member Stigney asked if they anticipate general repair, sale of tires, replacement of 42 brakes, or oil changes to be available to the public or only for the cars they sell. Mr. Price stated 43 they have always taken care of all customers, and makes and models of cars, whether or not they 44 sold the vehicle, and they look to expand that service. He stated the number of cars on the site is 45 Mounds View City Council January 25, 2010 Regular Meeting Page 3 based on the turn of inventory and the current CUP indicates they can have as many used cars as 1 they want. He explained their inventory will still be at other locations and brought to Mounds 2 View so they do not need to expand to another Mounds View location for storage of vehicles. 3 4 Council Member Stigney noted this was originally a new car franchise with Saturn and then it 5 was expanded and Mr. Price has indicated they can do pretty much what they want to do at this 6 location. Council Member Stigney stated the Council does not have a copy of the original CUP 7 to see the restrictions. Planning Associate Heller stated a CUP is required for used car 8 dealerships and the Council can dictate if it has to be only new cars. 9 10 Council Member Stigney asked how Saturn could be allowed used cars but not other applicants. 11 Clerk-Administrator Ericson explained the application from several years ago was denied based 12 on the variance application that did not meet the minimum threshold for a two-acre site. He 13 explained if the site is two acres and the conditions are met, the City cannot deny the request. 14 Council Member Stigney indicated concern this request will “open the door” for future requests. 15 16 Mr. Price stated that with today’s costs for running a used car business it would be prohibitive on 17 a two-acre site. He stated if the Council places standard qualifications for building design, green 18 space, and screening, an applicant for a “Lake Street car lot” could not afford it. 19 20 Council Member Stigney asked how old the used cars would be. Mr. Price stated the trades 21 would be inspected and if they meet qualifications they will attempt to sell them but if the trade 22 cannot be guaranteed, the car would be wholesaled. Mr. Price stated their business model is to 23 turn over cars so they are kept for no more that 30 days. He invited the Council to view any of 24 their 78 dealerships across the country. 25 26 Council Member Gunn stated that a used car lot could still be considered if all conditions are 27 met. Clerk-Administrator Ericson stated this is correct if the zoning and other criteria are met. 28 He noted that the Code has been changed so the City no longer has used car lots. 29 30 Council Member Gunn asked if the City could include specific stipulations in the CUP about 31 auto sales. Clerk-Administrator Ericson stated the conditions have to be reasonable and relate to 32 the use. He cautioned the Council about being too specific, which would require the applicant to 33 come back each time the business climate or their business model changes. Council Member 34 Gunn stated that as a proud Saturn owner, she would like this business to remain in Mounds 35 View, noting they have been a wonderful business partner in the community. 36 37 MOTION/SECOND: Gunn/Hull. To Waive the Reading and Adopt Resolution 7566, 38 Approving an Amendment to the Conditional Use Permit to remove the requirement of 39 maintaining a new car license for Saturn of St. Paul, 2375 Highway 10; Planning Case CM2009-40 001. 41 42 Council Member Mueller asked how it is determined whether a new dealership can to come to 43 Mounds View at this location given the location of neighboring dealerships. Mr. Price explained 44 the manufacturer and State have franchise laws related to distance between dealerships. He 45 Mounds View City Council January 25, 2010 Regular Meeting Page 4 stated they were unable to get a new car franchise at this location because of those laws but if a 1 new dealership becomes available, they will get it. He assured the Council that they will have a 2 new car license in this market and if it had not been for Motor Trend, they would have “shut the 3 lights off.” 4 5 Mayor Flaherty agreed the City does not want a lot of used car lots and because of the current 6 CUP requirements, it would be fiscally prohibitive. He stated he knows Motor Trend deals with 7 higher end used vehicles and likes that the cars would remain on the lot only 30 days. 8 9 Council Member Stigney noted this property has a Meineke franchise operation as well as used 10 cars and if there is a new car franchise, there is nothing to prohibit adding that to this site. Mr. 11 Price stated they believe that because of the national recognition of Motor Trend, it would be a 12 good offering for used cars and complement a new car operation. He advised that at their 13 Shakopee location they have Motor Trend with a Ford and Lincoln Mercury dealership. 14 15 Council Member Stigney stated the Council has not seen the CUP or conditions that could be 16 added related to having only cars that are certified and remain on the lot for only 30 days. He 17 remained concerned about the impact to future applications. 18 19 Mayor Flaherty asked for staff’s opinion of the CUP. Clerk-Administrator Ericson stated he 20 acknowledges Council Member Stigney’s concerns but does not think that adopting this 21 amendment to the CUP would result in problems with this facility and aside from having newer 22 looking Saturns; most people will not recognize the difference. 23 24 Council Member Stigney suggested those conditions be added to the CUP. Mr. Price stated 25 when they first came to Mounds View, City staff stopped them from changing oil on any cars 26 they did not sell but they need the freedom to operate as a free enterprise. He stated they are a 27 good neighbor, operate a good facility, and if the City places many restrictions they will not 28 move forward. Council Member Stigney stated that Mr. Price has indicated verbally these 29 conditions will be the case but if the CUP specifies those items, they would not go forward. Mr. 30 Price stated he could not go forward if the City places too many restrictions on the business. 31 32 Council Member Mueller commented that due to the difficult economy, a number of businesses 33 have approached the Council for help to keep their business open and jobs in the community. 34 She stated she sees the big picture of a business owner coming before the Council to adapt his 35 business to keep it strong and viable. Council Member Mueller felt Mounds View was fortunate 36 that this business is not moving to another location with fewer restrictions or more traffic than 37 Mounds View can offer. She indicated support to amend the CUP to achieve what the business 38 owner needs to remain in Mounds View. 39 40 Mr. Price noted they do not have minimum wage jobs. Their employees are well paid and can 41 afford to spend money, make purchases, and buy houses in Mounds View. He stated they have 42 great employees and are making this request to keep them employed. 43 44 Council Member Stigney noted that Item 6 indicates approval of the CUP amendment will not 45 Mounds View City Council January 25, 2010 Regular Meeting Page 5 change the type of operation on this site, which is not the case since it will change from new to 1 used car sales. Community Development Director Roberts pointed out that this business has 2 been selling and servicing used cars all along. The only difference is that they would not be 3 bound by a City requirement to sell new cars. 4 5 Mayor Flaherty stated Council Member Stigney has raised good points about future 6 considerations and staff has clarified those concerns. He asked Mr. Price to keep in mind that 7 residents across the street are bothered by the car wash blowers. Mr. Price stated they would 8 look into that matter. 9 10 Planning Associate Heller advised that one of the CUP conditions states that any cars taken on 11 trade, not intended for resale, shall not remain on the site exceeding 72 hours. 12 13 Ayes – 4 Nays – 1 (Stigney) Motion carried. 14 15 B. Public Hearing to Consider Revocation of an On-Sale Intoxicating Liquor 16 License at Moe’s, located at 2400 County Highway 10. 17 18 Clerk-Administrator Ericson stated that this item was last reviewed on October 26, 2009, when 19 the Council approved a plan requiring payment of all delinquent property taxes by May 1, 2010. 20 To assure progress was being made, Mr. Moritko was to pay at least $20,000 toward the 21 delinquent tax balance by January 11, 2010. Staff contacted Ramsey County who indicated that 22 Mr. Moritko had not satisfied this requirement. On January 13, 2010, staff sent a letter to Mr. 23 Moritko informing him of this noncompliance and advising him of the hearing before the 24 Council scheduled for tonight. 25 26 Clerk-Administrator Ericson reviewed the payments made by Mr. Moritko, that the State sales 27 tax is now up-to-date, and Mr. Moritko is asking for an extension to continue operating the 28 business and provide for payment by the expiration of the license period, June of 2010. Clerk-29 Administrator Ericson referenced his staff report regarding the consideration for liquor license 30 revocation. He suggested that resolving to revoke the liquor license would be an action that is 31 unreasonable in the sense it is not related to the activity for which the license is granted. Staff is 32 working with the City Attorney to review the Code and that will be discussed at a March Work 33 Session. He noted there is no other type of business in Mounds View that is subject to the 34 requirement of tax payments to continue operation, and staff is aware of other businesses that are 35 delinquent. 36 37 Jeff Moritko, owner of Moe’s, presented the details of his letter that capsulated what has 38 happened to their business and tax payments made. He explained he obtained funding in October 39 of 2009 to pay sales tax, which carried a high interest rate so that loan is being repaid at a faster 40 rate. With regard to the $20,000 threshold, they paid $13,200 toward that number and, on 41 January 19, paid $8,600 to sales tax that was due instead of paying toward the $20,000 number. 42 He stated he submitted a copy of the letter from Advanced Restaurant Group indicating he has 43 been approved for a $200,000 loan, when this one is done in May, to cover property tax and 44 provide working capital. He stated he put some “teeth” into his note that he will either get taxes 45 Mounds View City Council January 25, 2010 Regular Meeting Page 6 paid or will not reapply for a liquor license. Mr. Moritko provided an explanation of his small, 1 5%, operating margin, the impact of a second minimum wage increase, and loss as due to 2 increased sales fees. He stated he has spoken with Clerk-Administrator Ericson on a regular 3 basis. He stated they still need to work on signage and parking so people know they are not too 4 busy and can accommodate more customers. He stated they have eliminated some staff and 5 managers, are doing more with less, and heading in the right direction. 6 7 With regard to Council Member Stigney’s suggestion, Mr. Moritko stated he has been working 8 with US Bank to modify his loan but it is a 12-week process and will take more time. He stated 9 if it were approved, it would free up funds to pay property taxes. He explained the other thing 10 that would help is a “tip credit” in Minnesota, noting 39 other states have such a credit. 11 12 Council Member Mueller reviewed the number of Moe’s employees and impact in 2009 from a 13 second minimum wage increase. Mr. Moritko stated Moe’s rises above the threshold and had to 14 adopt the Federal minimum wage that was raised to $7.25, an additional 50 cents per hour, and 15 that resulted in an impact of $45,000 in additional wages. In addition, there was a $178,000 16 decrease in sales from 2008 to 2009, equaling lost revenues of $200,000. 17 18 Council Member Mueller noted Moe’s is current with State sales tax and applauded his decision 19 to make that payment. She stated support for the Council to work with Moe’s to get through this 20 difficult period and not “tie their hands” by restricting the liquor license. 21 22 Council Member Stigney stated he supports Mr. Moritko trying to buy time to recover from the 23 economic crunch. He asked about payment for the first half of 2010 taxes that are due in May. 24 Mr. Moritko stated he wanted to discuss first the delinquency since it was connected to his liquor 25 license application. Mr. Moritko stated the loan they were approved for could be used to cover 26 the first half of 2010 taxes. 27 28 Council Member Stigney asked about the City’s ability to suspend or revoke a liquor license for 29 nonpayment of State or local property taxes. He noted if that option is removed, a liquor 30 business could continue to operate without paying taxes and asked if staff had contacted the 31 League of Minnesota Cities for an opinion. Assistant Clerk-Administrator Crane stated she 32 received information from five local cities and all require the business to be up-to-date with 33 payments for city bills such as water, but none addresses payment of property taxes. She stated 34 she is still gathering information. 35 36 Council Member Stigney stated he hopes Mr. Moritko is successful. Mr. Moritko thanked the 37 Council and noted if a grocery store is behind in taxes the City would probably not stop their 38 ability to buying groceries. 39 40 Council Member Mueller stated Mr. Moritko has done well to keep City staff updated and urged 41 him to continue that practice. She expressed concern for missed payments and hopes his finance 42 plan works out. 43 44 Mayor Flaherty stated this he is exasperated about the entire issue, noting Mr. Moritko has 45 Mounds View City Council January 25, 2010 Regular Meeting Page 7 presented plans three times that have not worked out and is now presenting another plan. He 1 stated this Council has gone far beyond what the Code requires and he hopes Mr. Moritko’s new 2 plan works because he believes this is the last opportunity he will consider it. 3 4 Mr. Moritko stated he takes full responsibility for the extension in June of 2009 but clarified that 5 in October he had asked for an extension to May but the Council changed the plan and required 6 him to appear in 60 days and then required a $20,000 payment checkpoint. He stated he did not 7 make these changes, the Council did, but he is now working more closely with Clerk-8 Administrator Ericson. 9 10 Council Member Mueller asked if Moe’s still has a lower level banquet hall for rent. Mr. 11 Moritko stated their facility has a capacity of about 125 and openings to host weddings with full 12 dinner service. 13 14 MOTION/SECOND: Flaherty/Gunn. To allow for an extension for property tax payment to 15 June 30, 2010, for JWM Investments, Inc., D/B/A Moe’s, located at 2400 Highway 10 NE. 16 17 Ayes – 5 Nays – 0 Motion carried. 18 19 C. Resolution 7565, Adopting a Special Assessment Levy for Unpaid 20 Administrative Offense Fines. 21 22 Finance Director Beer presented staff’s recommendation to levy unpaid administrative offense 23 fines and noted the property owner was able to pay the amount due by 4:30 p.m. today, January 24 25, 2010, in order to avoid the $35 administrative fee. The owner may prepay the assessment 25 between January 26 and February 25, 2010 without paying additional interest. After that date, 26 interest at a rate of 5.50% will accrue from January 25, 2010 through the payment date. 27 28 Council Member Mueller asked how the property owner is notified of this pending action. 29 Finance Director Beer stated they are sent a letter 30 days before the action. 30 31 MOTION/SECOND: Mueller/Hull. To Waive the Reading and Adopt Resolution 7565, 32 Adopting a Special Assessment Levy for Unpaid Administrative Offense Fines. 33 34 Ayes – 5 Nays – 0 Motion carried. 35 36 D. Resolution 7564, Authorizing a Water Tower and Ground Space Lease with 37 Clear Wireless, LLC. 38 39 Finance Director Beer presented the request of Clear Wireless, LLC (Clear Wire) to lease water 40 tower space and ground space. He advised they are 51% owned by Sprint so at some point Sprint 41 may cancel their antenna lease agreement with the City. He explained Clear Wire initially 42 offered $800 per month ($9,600 per year) for a series of five-year leases with a 3% inflator. He 43 advised that staff had indicated the proposed lease amount would not be sufficient and ended up 44 negotiating $2,000 up front for legal and staff costs, a 4% inflator consistent with other leases, 45 Mounds View City Council January 25, 2010 Regular Meeting Page 8 $21,000 per year (market rate consistent with other tower leases), and an additional $1,800 per 1 year per antenna for additional antennas above the initial configuration. Clear Wire agreed to 2 this proposal on January 15, 2010. Finance Director Beer referenced the redline copy of the lease 3 agreement and City Attorney’s comments. 4 5 Council Member Gunn asked what would be installed in the fenced area and amount of advanced 6 notice for entry. Finance Director Beer stated it would be an equipment cabinet to provide high-7 speed wireless internet technology to the City’s residents. 8 9 Finance Director Beer answered questions of Council Member Mueller regarding adequate notice 10 during business hours to gain access to the water tower, the City being fully covered for 11 indemnity should there be an injury or equipment failure resulting in damages, and that Clear 12 Wire cannot terminate the agreement until the end of the lease. He explained that if Clear Wire 13 filed bankruptcy, there would be a Judge’s order to be current in payments to the City. Council 14 Member Mueller noted the contract requires that the signal will not interfere in any way with 15 public safety communications or the Police Department and should there be interference, they 16 can be shut down in a matter of hours. Finance Director Beer stated that is correct. 17 18 Council Member Stigney thanked Finance Director Beer for his work to negotiate this contract. 19 He referenced the Robert Voss communication noting this is an unusual installation and should 20 be reviewed by the appropriate official before signing the agreement. Finance Director Beer 21 clarified it is not an unusual installation. 22 23 Mayor Flaherty asked where the $21,000 lease payment would be deposited. Finance Director 24 Beer stated it would go into the water fund, as with other antenna leases. 25 26 Mayor Flaherty noted Clear Wire is to provide a schematic before the City approves the lease. 27 Finance Director Beer stated that language has been modified so Clear Wire will sign and submit 28 an executed lease agreement along with their plan for the City’s signature. 29 30 City Attorney Sonsalla stated the documentation is sufficient and recommended City staff review 31 the equipment plans and specifications prior to execution by the City. 32 33 Finance Director Beer answered questions of Council Member Mueller regarding the service 34 light and rod detail for lightening strikes. He stated Clear Wire is aware the City will be 35 refurbishing the water tower and will be required to remove their antennas while the tower is 36 being painted. 37 38 MOTION/SECOND: Gunn/Hull. To Waive the Reading and Adopt Resolution 7564, 39 Authorizing a Water Tower and Ground Space Lease with Clear Wireless, LLC, subject to 40 review of the plans and specifications by City staff and/or consultants. 41 42 Ayes – 5 Nays – 0 Motion carried. 43 44 E. Resolution 7567, Approving the Hire of Greggory Neumann as Mounds View 45 Mounds View City Council January 25, 2010 Regular Meeting Page 9 Police Officer. 1 2 Deputy Police Chief Kinney presented staff’s recommendation to hire Greggory Neumann as a 3 City Police Officer, noting he is the top candidate, has successfully completed all of the required 4 testing procedures, and received a high recommendation from his previous employer. 5 6 Mayor Flaherty stated Officer Neumann would start at Step 1. Deputy Police Chief Kinney 7 stated that is correct and that is in accordance with the LELS contract. Mayor Flaherty asked if 8 this officer could use any of the equipment purchased for the previous officer. Deputy Police 9 Chief Kinney stated some of the equipment could be used, but not all of it. 10 11 MOTION/SECOND: Flaherty/Mueller. To Waive the Reading and Adopt Resolution 7567, 12 Appointing Greggory Neumann to the Position of Police Officer. 13 14 Council Member Stigney noted the dollar amount for Step 1 is not identified in the Resolution. 15 Clerk-Administrator Ericson stated staff would add that dollar amount. 16 17 AMENDMENT: Mayor Flaherty and Council Member Mueller accepted this friendly 18 amendment. 19 20 Council Member Stigney stated he does not support this action because it is not the proper time 21 to hire a new officer due to funding restraints. 22 23 Ayes – 4 Nay – 1 (Stigney) Motion carried. 24 25 F. Resolution 7568, Authorization to Advertise and Recommend a Candidate 26 for Hire for the Public Service Officer (PSO) opening in the Mounds View 27 Police Department. 28 29 Deputy Police Chief Kinney advised that Public Service Officer (PSO) Tyler Martin had resigned 30 his position and while the Council had expressed support to rehire for this position, he was 31 concerned with the suitability of a one-year-old eligibility list and asked the Police Civil Service 32 Commission to establish a new eligibility list. He advised that the Police Civil Service 33 Commission has ordered that the existing list be dissolved and approved the creation of a new 34 eligibility list. Deputy Police Chief Kinney reviewed the duties of the PSO and presented staff’s 35 recommendation to authorize the advertisement for the vacant PSO position. 36 37 Council Member Stigney noted this is a 30 hour per week position and asked how many hours 38 each week are spent on Code enforcement. Deputy Police Chief Kinney explained the hours are 39 scheduled one-third Code Enforcement and two-thirds Police Department duties. 40 41 MOTION/SECOND: Mueller/Hull. To Waive the Reading and Adopt Resolution 7568, 42 Authorization to Advertise for the Public Service Officer (PSO) Position opening in the Police 43 Department, with a starting wage at Step 1 of $12.73 per hour. 44 45 Mounds View City Council January 25, 2010 Regular Meeting Page 10 Council Member Mueller noted the number of Code enforcement cases has doubled since the 1 2009 purchase of code enforcement software so scheduling one-third of the hours for Code 2 Enforcement will be of help. Clerk-Administrator Ericson stated the two departments work 3 cooperatively and if the time is split differently, those budgets will have to be adjusted as well. 4 5 Council Member Stigney stated that previously this was a one-half time position that did not pay 6 benefits and he would prefer hiring two half-time positions rather than one three-fourths time 7 position that pay benefits. 8 9 Council Member Hull asked if this position would receive benefits. Clerk-Administrator Ericson 10 stated the position would receive pro-rated benefits and he agreed it might be difficult to attract a 11 qualified employee if the position is half-time without benefits. 12 13 Clerk-Administrator Ericson noted the resolution just authorizes the position to be advertised and 14 explained there are efficiencies with having just one employee and flexibility is afforded between 15 the two departments since this employee can address situations that may arise for both 16 departments. 17 18 Council Member Gunn stated she would go along with one employee at three-quarter time. 19 20 Finance Director Beer advised that additional time is budgeted in the summer time for Code 21 Enforcement. 22 23 Council Member Mueller stated she was at first intrigued by having two one-half time positions 24 but after considering available equipment, computer system, and transportation, she thinks one 25 person is adequate. 26 27 Council Member Hull stated he was at first interested because health care costs continues to 28 increase but thinks the long-term consistency gained with one employee may outweigh other 29 benefits. 30 31 Finance Director Beer stated that the Salary Compensation Study identified this position was 32 grossly underpaid so including modest benefits will allow the City to recruit and retain quality 33 candidates. 34 35 Mayor Flaherty stated support for one employee, which may also reduce the turnover rate. 36 37 Council Member Mueller stated if some of the PSO duties cannot be fulfilled by this position, 38 then it falls to a sworn officer who is paid a higher rate than Step 1. However, duties in Code 39 Enforcement could fall to an intern that is paid at a lower rate. She noted it worked out well last 40 summer to have the intern help with Code Enforcement. 41 42 Council Member Stigney stated the big picture is to look at expenditures and that provides a 43 different perspective. He reviewed some of the job duties to be performed, noting this is a part-44 time position and while a half-time person is needed in the Police Department, the same is 45 Mounds View City Council January 25, 2010 Regular Meeting Page 11 needed for Code Enforcement. He again suggested looking at two half-time positions to avoid 1 payment of benefits. 2 3 Council Member Mueller stated this raises a good point to prioritize this person’s time and two-4 thirds of the time will be utilized in the Police Department because if this person is not utilized 5 then a sworn officer will have to fill that need at a higher salary. She stated the department heads 6 can determine the correct priority to place on this employee’s time. 7 8 Mayor Flaherty stated he hopes this employee works where there is the greatest need and good 9 for the community. He stated a budget transfer could be considered if the hours are split 10 differently than being proposed. 11 12 Ayes – 4 Nay – 1 (Stigney) Motion carried. 13 14 G. Schedule Executive Sessions of the City Council to (1) Review Labor 15 Negotiations and (2) Review the Performance of the Clerk-Administrator 16 17 Mayor Flaherty announced that at the conclusion of the agenda, the Council would recess into 18 Closed Executive Session to review labor negotiations and the performance of the Clerk-19 Administrator. It was noted the Council would adjourn its meeting from the Executive Session. 20 21 8. CONSENT AGENDA 22 23 Council Member Mueller asked to remove Item C, Resolution 7570, Approving a Waiver to 24 Vacation Carry-Over Policy. 25 26 A. Licenses for Approval. 27 B. Resolution 7569, Authorizing Vacation Severance for PSO Tyler Martin. 28 C. Resolution 7570, Approving a Waiver to Vacation Carry-Over Policy. 29 30 MOTION/SECOND: Mueller/Hull. To Approve the Consent Agenda Items A and B. 31 32 Ayes – 5 Nays – 0 Motion carried. 33 34 C. Resolution 7570, Approving a Waiver to Vacation Carry-Over Policy. 35 36 Council Member Mueller reviewed the request for the Council to consider a one-time waiver to 37 carry over unused vacation time. She asked if this is a common practice, if it had been allowed 38 in the past, and if it would be better to pay out the vacation instead of allowing a transfer. 39 40 Clerk-Administrator Ericson stated he brought forward this request, not Deputy Chief Kinney, 41 because it should have been addressed when the resolution was considered to appoint Tom 42 Kinney as the Interim Police Chief. He stated this is not a common practice; however, it has 43 been allowed the past when an employee takes on additional responsibilities and is unable to use 44 vacation time. Clerk-Administrator Ericson stated whether this becomes an occurrence in 2010 45 Mounds View City Council January 25, 2010 Regular Meeting Page 12 would depend on how quickly the Police Chief position is filled. He recommended against 1 paying out vacation balances because it would set a precedent for other employees who may want 2 to be paid instead of taking vacation time. 3 4 Mayor Flaherty noted this is less than three days of vacation and he appreciates that Deputy Chief 5 Kinney served the City when needed instead of taking the vacation time before the end of the 6 year. He did not support paying out the vacation balance. 7 8 MOTION/SECOND: Mueller/Gunn. To Waive the Reading and Adopt Resolution 7570, 9 Approving a one-time waiver of the City’s Vacation Carry-Over Policy to permit Interim Police 10 Chief Tom Kinney to carry an additional 21.88 hours of vacation hours over at year-end, 2009. 11 12 Ayes – 5 Nays – 0 Motion carried. 13 14 9. JUST AND CORRECT CLAIMS 15 16 Finance Director Beer answered the Council's questions related to claims. 17 18 MOTION/SECOND: Mueller/Stigney. To Approve the Just and Correct Claims as presented. 19 20 Ayes – 5 Nays – 0 Motion carried. 21 22 10. APPROVAL OF MINUTES 23 24 None. 25 26 11. REPORTS 27 A. Reports of Mayor and Council. 28 29 Council Member Gunn announced that an Irondale graduate will compete on the Jeopardy 30 Challenge Championship and another Irondale graduate will compete on Iron Chef. 31 32 Council Member Mueller advised that she would be attending the Ramsey County League of 33 Local Government meeting on Thursday, January 28, 2010. 34 35 B. Reports of Staff. 36 1. 2009 Community Development Annual Report 37 38 Community Development Director Roberts noted the 2009 Community Development Annual 39 Report had been provided for the Council’s review. He thanked his staff who worked hard to 40 complete this report and his department as a whole. Mayor Flaherty thanked Community 41 Development Director Roberts for his leadership and asked that this information be posted on the 42 City’s website. 43 44 2. Administrator Report. 45 Mounds View City Council January 25, 2010 Regular Meeting Page 13 1 Clerk-Administrator Ericson summarized his written report and updated the Council on the 2 North Suburban Cable Commission TAC meeting; Fire Department quarterly meeting; Ramsey 3 County Managers meeting; attendance at the General Mills Leadership Conference on January 4 29, 2010; Metropolitan Council State of the Region Address scheduled for February 1, 2010; 5 proposed Work Session agenda items for February 1, 2010; Ehlers & Associates Public Finance 6 Conference scheduled for February 4, 2010; Council and Staff retreat scheduled for February 12, 7 2010, at 5:30 p.m., at the Random Park building; and, YMCA year-end financial reports 8 indicating the City will be receiving a reimbursement of $14,939. 9 10 Assistant Clerk-Administrator Crane reported on the 2010 Wild Skills Competition she attended 11 and that Gina McDonald, Captain of the Irondale Hockey Team, did very well. 12 13 Assistant Clerk-Administrator Crane reported that the Festival in the Park Committee would like 14 authorization to sell beer and wine at the Festival. She asked if the Council would be open to 15 that request. Following discussion, Council consensus was reached to authorize staff to proceed 16 and provide additional details (insurance impact, security, location of sales) for the Council’s 17 consideration. 18 19 Council Member Stigney commented on the allocation of funds between the NSCC and NSAC 20 and commended Finance Director Beer for raising this issue. The Council agreed with the 21 suggestion of Clerk-Administrator Ericson to assure the person attending Cable Commission 22 meetings on behalf of the City represent the City’s best interest. 23 24 Council Member Mueller stated that last fall the Council had indicated it would discuss adopting 25 an ethical code of conduct at the next retreat and asked that it be included for discussion 26 27 C. Reports of City Attorney. 28 29 Mayor Flaherty asked why the Ordahl Minor Subdivision is still pending. Clerk-Administrator 30 Ericson stated the Council approved the minor subdivision but the County would not accept the 31 subdivision since one parcel is torrents and the other is abstract. He explained the City’s Code 32 does not require the subdivision to be done by plat and the City Attorney has indicated the 33 County cannot make that determination because the City’s code prevails. Clerk-Administrator 34 Ericson stated City staff would contact the County regarding this matter. 35 36 12. Next Council Work Session: Monday, February 1, 2010, at 7:00 p.m. 37 Next Council Meeting: Monday, February 8, 2010, at 7:00 p.m. 38 39 13. RECESS TO CLOSED SESSION 40 41 MOTION/SECOND: Mueller/Hull. To recess to Closed Session to review labor negotiations 42 and the performance of the Clerk-Administrator and to adjourn from the Executive Session. 43 44 Ayes – 5 Nays – 0 Motion carried. 45 Mounds View City Council January 25, 2010 Regular Meeting Page 14 1 The meeting was recessed at 10:05 p.m. 2 3 Transcribed by: 4 Carla Wirth, TimeSaver Off Site Secretarial, Inc. 5 Corections made by Councilmember Mueller, Councilmember Gunn, Clerk -Administrator Ericson, Community Development Director Roberts and Asst. City Clerk -Administrator Crane PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1 CITY OF MOUNDS VIEW 2 RAMSEY COUNTY, MINNESOTA 3 4 Regular Meeting 5 February 8, 2010 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 – Boy Scout Troop 167 led the Pledge of Allegiance. 14 15 At the invitation of Mayor Flaherty, the Boy Scouts introduced themselves. The Council 16 thanked the troop for attending the meeting. 17 18 3. ROLL CALL: Flaherty, Stigney, Hull, Mueller, Gunn. 19 20 NOT PRESENT: None. 21 22 4. APPROVAL OF AGENDA 23 A. Monday, February 8, 2010, City Council Agenda. 24 25 MOTION/SECOND: Mueller/Stigney. To Approve the Monday, February 8, 2010, agenda as 26 presented. 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. Mounds View School District Presentation by Marre Jo Sager and Dan 36 Hoverman. 37 38 Mayor Flaherty welcomed School Superintendent Dan Hoverman and School Board Member 39 Marre Jo Sager. 40 41 Ms. Sager congratulated the Council and City of Mounds View on receiving the American 42 Crown Community Award. She then highlighted the happenings at the Mounds View schools. 43 The district did have a deficit this year and has chosen to use $4.2 million in the fund balance to 44 avoid additional cuts within the district. 45 Mounds View City Council February 8, 2010 Regular Meeting Page 2 1 Mr. Hoverman indicated a goal for the year was to increase the level of personalization within 2 the school system. He explained staff has put in motion processes to monitor more closely how 3 all students are performing and not just those at risk. The system has created individualized 4 goals for each student as they proceed through high school. 5 6 Ms. Sager noted the calendar has been restructured to provide for less breaks in the school 7 schedule. In the 2010-11 school year there will be no half days that will save the district over 8 $130,000 in transportation costs. Mr. Hoverman added that instructional time was not reduced 9 with the change in the calendar. 10 11 Mr. Hoverman indicated another initiative has begun to create connections with the students. He 12 explained that school sponsored activities engage students and provides opportunities to students 13 not involved in extra-curricular sports. Students perform better academically when engaged and 14 involved in school. 15 16 Ms. Sager indicated the district was seeking creative and innovative ways to assist students to 17 avoid cuts and increase revenues in light of the current economic situation. Energy savings has 18 been a major source of improvements. 19 20 Council Member Mueller questioned the expense of educating one high school student for the 21 entire school year. 22 23 Mr. Hoverman stated this would be difficult to estimate due to the wide range of services 24 provided to students, such as special needs or post secondary options. He indicated he would 25 report back to the Council with a range. 26 27 Council Member Mueller asked for further information on the hybrid online courses. 28 29 Mr. Hoverman explained the district offered 19 hybrid courses at this time between both high 30 schools. This allows the students to take a course without meeting in class with a teacher on a 31 daily basis. Courses will continue based on student interest. 32 33 Mayor Flaherty felt the online hybrid courses were going to set the district apart and would 34 benefit the self-starter students. He then asked if class sizes could be discussed and suggested 35 offering the honors classes in an auditorium setting. 36 37 Mr. Hoverman indicated this has been discussed and he would be more interested in offering the 38 online courses versus the large group. The flexibility provided in the online courses allows for 39 enough engagement while avoiding the large classes. 40 41 Council Member Gunn noted she was thrilled to see the school district has taken on the dean 42 model. This would serve the students well through their high school years. 43 44 Mayor Flaherty thanked the representatives for the information presented to the Council. 45 Mounds View City Council February 8, 2010 Regular Meeting Page 3 1 7. COUNCIL BUSINESS 2 A. Resolution 7575, Approving Plans and Specifications and Authorizing 3 Advertisement for Bids for 2010 Street and Utility Improvement Project – 4 Area B/C. 5 6 Public Works Director DeBar explained the Street and Utility Improvement Program was largely 7 developed by a Task Force group in 2007 and included input by residents, City staff, consultants, 8 and the City Council. The Program includes design standards, a financing plan, a 9 prioritization/implementation staging plan, and a communication plan for implementing 10 reconstruction of approximately 26 miles of city-owned streets and associated utilities over a 11 nine-year period, with an estimated program cost of $28 million. 12 13 Public Works Director DeBar presented the 2010 Street and Utility Improvement Project for 14 Area B/C explaining that Area B was the area bound between County Road H and H2 west of 15 Silver Lake Road to the Fridley border. Area C was the area between County Road H and H2 16 east of Long Lake Road over to CR10. Phase I of the Street Utility Improvement Project was 17 completed in 2009 with five miles of streets with utilities and driveways improved. Area B/C 18 would complete Phase II of a nine-year reconstruction plan. The estimated construction costs 19 were $3.3 million for Areas B/C, which was 11% lower than originally predicted in the 20 feasibility report. He explained there were no appeals to the boulevard infiltration locations at 21 this time. 22 23 Council Member Mueller questioned how many infiltration sites would be in Area B and asked 24 how this compared to the Area A. Public Works Director DeBar indicated there would be 14 25 infiltration sites in Area B due to the fact there were bigger lots in this part of town. Area A had 26 80 infiltrations sites. 27 28 Mayor Flaherty encouraged the residents to attend the neighborhood meetings in March to gain 29 additional information on the upcoming street and utility improvements. 30 31 Public Works Director DeBar indicated the Rice Creek Watershed District approved the City’s 32 permit and plans with several conditions, but the City would need to create new models for future 33 projects. He explained that additional infiltration features could be added to residents’ property 34 upon request. 35 36 Council Member Mueller questioned if the deeper infiltration basin would change the look of the 37 feature from the surface. Public Works Director DeBar indicated a deeper hole would be 38 excavated at the beginning but would appear the same as the infiltration sites in Area A. The 39 addition of the porous soil would allow the sites to drain more quickly. 40 41 Public Works Director DeBar recommended the Council adopt the draft resolution to approve the 42 plans and specifications and authorize the advertisement for bids. He noted that if adopted, bids 43 would be opened on March 11, 2010. After evaluation of the bids, a future resolution will be 44 required to award the contract to the successful bidder. 45 Mounds View City Council February 8, 2010 Regular Meeting Page 4 1 Council Member Stigney questioned if the City had established the location of the additional 2 infiltration basins. Public Works Director DeBar stated these locations would be identified after 3 the consultant reviews the feasibility report and once the area was surveyed. 4 5 Council Member Mueller had several questions about the projected expense for Area B/C. She 6 asked why street sweeping was included in the bid and not handled by the City. Public Works 7 Director DeBar explained the short-term maintenance of Area B and C would be better left to the 8 contractor during construction allowing them to be responsible for the condition of the streets. 9 Mayor Flaherty felt this was a wise decision given the fact there were a number of comments on 10 the street conditions of Area A. 11 12 Council Member Mueller questioned why a portion of the watermain would be abandoned. 13 Public Works Director DeBar stated the watermain was located on Irondale Road in the 14 boulevard area and would be bulkheaded to prevent dirt from collecting in the area. It would be 15 less disruptive to leave it in place rather than removing it. 16 17 Council Member Mueller noted Edgewood Drive would have reclaimed bituminous and asked 18 for further information on this process. Public Works Director DeBar further explained how the 19 blacktop would be reclaimed and reused as Class 5 to get an optimal mixture between the hot 20 mix and sand. He indicated this process created cost savings for the City. 21 22 Council Member Mueller questioned the engineering drawings of Edgewood Drive with regard 23 to the sidewalk location near the school. Public Works Director DeBar confirmed the sidewalk 24 would be located adjacent to the curb on the east side of the street and would be six and a half 25 feet in width. The mailboxes would be located on the west side of the street. 26 27 MOTION/SECOND: Gunn/Hull. To Waive the Reading and Adopt Resolution 7575, 28 Approving Plans and Specifications and Authorizing Advertisement for bids for 2010 Street and 29 Utility Improvement Project – Area B/C. 30 31 Ayes – 5 Nays – 0 Motion carried. 32 33 B. Resolution 7572, Revocation of Rental Housing License for Tim Strand (2065 34 Hillview Road). 35 36 Community Development Director Roberts reviewed the past actions taken to gain compliance of 37 code violations at 2065 Hillview Road. He referenced Resolution 7541 from December, which 38 required Tim Strand to make corrections to the rental property. As of this date, Mr. Strand had 39 not completed the necessary changes. Staff has made every effort to get Mr. Strand to bring the 40 property into compliance with no response from Mr. Strand. 41 42 Community Development Director Roberts recommended the Council adopt the Resolution to 43 revoke the Rental Dwelling License of Timothy Strand for the property at 2065 Hillview Road. 44 45 Mounds View City Council February 8, 2010 Regular Meeting Page 5 Mr. Strand was not in attendance. 1 2 3 Council Member Mueller questioned if the residents of the building have been notified of the 4 action being taken by the City. Community Development Director Roberts noted that City staff 5 had spoke with the tenant today about the status of the four-plex. 6 7 Council Member Mueller asked if the rear door had been restored. Community Development 8 Director Roberts explained the rear door was covered with a tarp and was barricaded. 9 10 Council Member Mueller inquired if City staff had heard any response from the property owner. 11 Community Development Director Roberts indicated there has been no response to date. Staff 12 understands the property is in foreclosure which could be why Mr. Strand was not willing to put 13 anymore time or money into the site. 14 15 Mayor Flaherty noted the property owner has had more than enough time to address the City 16 concerns and code violations with the rental unit. The issues raised were for the health and safety 17 of the residents. 18 19 MOTION/SECOND: Mueller/Hull. To Waive the Reading and Adopt Resolution 7572, 20 Revocation of Rental Dwelling License of Timothy Strand, owner of 2065 Hillview Road. 21 22 Council Member Gunn asked if Mr. Strand owned any other rental property within the City. 23 Community Development Director Roberts stated it was possible he owned another four-plex in 24 the area, but was not certain. 25 26 Council Member Mueller reviewed Item 6 on the Resolution stating Mr. Strand could have his 27 license reinstated if he made an effort to meet all City conditions. 28 29 Ayes – 5 Nays – 0 Motion carried. 30 31 C. Resolution 7573, Approving the 2010 Public Works Seasonal Positions. 32 33 Director of Public Works DeBar presented the City’s procedure for hiring temporary employees 34 for summer, fall and winter seasons and staff’s recommendation to eliminate the part-time 35 seasonal employee position and hire a total of eight Public Works seasonal employees for 2010. 36 The seasonal employees would be compensated at $11.75 per hour and are traditionally college 37 students. 38 39 MOTION/SECOND: Gunn/Hull. To Waive the Reading and Adopt Resolution 7573, 40 Approving the 2010 Seasonal Public Works Positions. 41 42 Council Member Mueller indicated the Resolution language was a bit confusing. She would like 43 clarification on the total number hired as being eight and not eleven. City Administrator Ericson 44 stated the fall and winter hires were filled by the seasonal summer employees. In the case that 45 Mounds View City Council February 8, 2010 Regular Meeting Page 6 one of the summer employees was not available for the fall or winter work, the City would need 1 to seek an additional employee, but that has not typically been the case. 2 3 Ayes – 5 Nays – 0 Motion carried. 4 5 D. Resolution 7574, Approving the Advertisement and Hire of a Public Works 6 Intern. 7 8 Public Works Director DeBar advised that the Engineering Intern recently resigned and presented 9 staff’s recommendation to revise the position title from “Engineering Intern” to 10 “Engineering/GIS Intern” and description to better describe the overall duties and accommodate 11 some shortcomings in the previous position description. The City benefits from the Intern 12 position by assisting with street projects and other fieldwork. The part-time position would be 13 geared towards a civil engineering college student. 14 15 Public Works Director DeBar recommended the Council adopt the draft resolution to revise the 16 Public Works Intern position and advertise for hiring. It was noted that a future resolution would 17 be presented to the Council to authorize the hiring of the Engineering/GIS Intern position after a 18 finalist is selected. 19 20 Council Member Mueller thanked staff for preparing a thorough position description as this 21 would assist the City in finding a qualified applicant. Mayor Flaherty agreed. 22 23 MOTION/SECOND: Mueller/Gunn. To Waive the Reading and Adopt Resolution 7574, 24 Approving Position Description and Authorizing the Advertisement for a part-time 25 Engineering/GIS Position to be paid $11.75 per hour without benefits. 26 27 Council Member Stigney expressed concern within the position description stating the employee 28 would be hired for up to three years. He indicated the employee would only be hired for 2010, 29 and brought back if the budget allowed in 2011. He offered an amendment to the Resolution 30 stating: “the attached Engineering/GIS Position is hereby approved for 2010.” City 31 Administrator Ericson clarified that this language was on the job description and not the 32 Resolution. 33 34 Mayor Flaherty questioned if any other positions within the City were hired for just one year. 35 Council Member Stigney indicated the Council would need to review this position each year to 36 see if there was a need and if the budget allowed. 37 38 Finance Director Beer suggested the amendment be placed under Item 2 of the Resolution after 39 “now therefore be it resolved…” Council Member Stigney requested that the amendment be 40 made under Item 2 of the Resolution. 41 42 AMENDMENT MOTION/SECOND: Stigney/Mueller. To Revise Resolution 7574, Adding 43 language to Item 2 of the Resolution after “Now Therefore Be It Resolved” to assure the position 44 was hired just for 2010. 45 Mounds View City Council February 8, 2010 Regular Meeting Page 7 1 Council Member Gunn asked if it was worth hiring and training the engineering intern for 2010. 2 City Administrator Ericson suggested the specific term of the position be changed instead 3 through an additional Item on the Resolution, Item 4 could read “Funding in subsequent years 4 shall be subject to Council authorization.” This would eliminate the need for the Council to 5 review the Resolution and would be handled through the budget process. 6 7 Council Member Stigney did not want the engineering position buried in the budget discussion. 8 9 Mayor Flaherty questioned if the engineering intern should be treated like a seasonal employee. 10 Council Member Stigney indicated he has made an amendment to the motion and would like the 11 Council to vote on the motion on the table. 12 13 Council Member Mueller suggested staff bring this item to the Council in November to assure 14 that staff does not lose the position after December of 2010. Director of Public Works DeBar 15 agreed with this suggestion stating he would not want to lose the skilled intern and have to 16 retrain a new hire. He felt the position should not be treated as a seasonal employee. 17 18 Mayor Flaherty asked why the previous intern was not reviewed on a yearly basis. Director of 19 Public Works DeBar stated the intern position was not treated as a seasonal position. However, 20 if the Council would like this reviewed in November he would bring it back to the Council for 21 yearly approval. 22 23 Mayor Flaherty called for a vote on the Resolution amendment. 24 25 Ayes – 2 Nays – 3 (Flaherty, Hull, Gunn) Amendment failed. 26 27 Mayor Flaherty called for a vote on the original motion. 28 29 Ayes – 4 Nays – 1 (Stigney) Motion carried. 30 31 Council Member Hull left the Council Chambers. 32 33 E. Resolution 7571, Adopting the 2008 Mounds View Comprehensive Plan. 34 35 Community Development Director Roberts reviewed the past consideration of the City’s 36 Comprehensive Plan Update and presented staff’s recommendation for the Council to move 37 forward with adoption and implementation of the 2008 Mounds View Comprehensive Plan 38 Update. He noted the resolution would take that action and incorporates the Tier II Sewer Plan 39 information. 40 41 Council Member Mueller asked what would happen if the City could not meet what the Met 42 Council was predicting and forecasting, as the land use changes from 2010-2030 for the City of 43 Mounds View. Community Development Director Roberts indicated the City would not be 44 penalized for not meeting the forecasts as this was predicted regional growth. The City was to do 45 Mounds View City Council February 8, 2010 Regular Meeting Page 8 their best to meet the growth. 1 2 Council Member Gunn thanked staff and Council for its effort to complete the Comprehensive 3 Plan. 4 5 MOTION/SECOND: Gunn/Mueller. To Waive the Reading and Adopt Resolution 7571, 6 Adopting the 2008 Mounds View Comprehensive Plan; Special Planning Case No. SP-154-07. 7 8 Ayes – 4 Nays – 0 Motion carried. 9 10 (Council Member Hull was absent for the vote). 11 12 8. CONSENT AGENDA 13 14 A. Licenses for Approval. 15 B. Resolution 7576, Authorizing Great Lakes Shipwreck Preservation Society to 16 Conduct a One Day Charitable Gambling Event (Raffle) on February 27, 17 2010, at The Mermaid. 18 C. Resolution 7577, Revising the 2010 Fee Schedule. 19 20 MOTION/SECOND: Gunn/Mueller. To Approve the Consent Agenda as Presented. 21 22 Ayes – 4 Nays – 0 Motion carried. 23 24 (Council Member Hull was absent for the vote). 25 26 9. JUST AND CORRECT CLAIMS 27 28 Finance Director Beer answered the Council's questions related to claims. 29 30 MOTION/SECOND: Mueller/Stigney. To Approve the Just and Correct Claims as Presented. 31 32 Ayes – 4 Nays – 0 Motion carried. 33 34 (Council Member Hull was absent for the vote). 35 36 Council Member Hull returned to the Council Chambers. 37 38 10. APPROVAL OF MINUTES 39 A. January 25, 2010 Executive Session Minutes. 40 41 MOTION/SECOND: Gunn/Mueller. To Approve the January 25, 2010, Executive Session 42 Meeting Minutes as Presented. 43 44 Ayes – 5 Nays – 0 Motion carried. 45 Mounds View City Council February 8, 2010 Regular Meeting Page 9 1 11. REPORTS 2 A. Reports of Mayor and Council. 3 1. Mayor to Report on Executive Session from January 25, 2010. 4 5 Mayor Flaherty reported that the Executive Session discussion centered on union contract 6 negotiations with the Mounds View Police Union. The Council also discussed the performance 7 of the clerk-administrator, which the Council found to be favorable. 8 9 Mayor Flaherty noted the 12th Annual North Metro Home and Garden Show would be held 10 February 27, 2010 from 9:30 am - 2:00 pm at the Schwan’s Super Rink at the National Sports 11 Center in Blaine, Minnesota. Admission is free. 12 13 Mayor Flaherty indicated the Irondale Band was hosting the 20th Annual drum line show at The 14 Winter Music of the Night Festival on February 13, 2010 at 1:00 p.m. with the color guard 15 portion of the program beginning at 7:00 p.m. Council Member Gunn expressed this was a great 16 event and encouraged the community to attend. 17 18 Mayor Flaherty reviewed the recent foreclosure and house vacancy information with Council. 19 He encouraged the City to be in contact with the 57 homes in foreclosure that have not been 20 vacated and provide them with information on the services available at the City. 21 22 Council Member Mueller thanked Troop 167 for doing the flag ceremony this evening. Troop 23 167 also held a fundraiser breakfast last Saturday, which was very well attended and thanked 24 Moe’s for hosting the event. She encouraged residents to volunteer for the upcoming Festival in 25 the Park on August 21, 2010. 26 27 Mayor Flaherty reported that on February 12, 2010 at 6:00 p.m. the City would be having a Staff 28 and Council retreat to discuss goals and objectives for 2010 at Random Park. 29 30 B. Reports of Staff. 31 1. Police Department 2009 Annual Report. 32 33 Deputy Police Chief Kinney reviewed the 2009 Annual report with the Council. He reported the 34 overall arrests and citations were up slightly in 2009. However, the number of general calls was 35 down. Theft continues to be the top overall crime within the City. Further information was 36 given on the initiatives throughout the department. All squad cars would be equipped with video 37 cameras in 2010, which was a much-needed piece of technology. He reported the Police 38 Department came in 5% under budget for 2009 and then asked for comments or questions from 39 the Council. 40 41 Mayor Flaherty questioned how well attended the gun safety classes were. Deputy Police Chief 42 Kinney stated the classes were capped at 15, but additional room could be made to accommodate 43 individuals. 44 45 Mounds View City Council February 8, 2010 Regular Meeting Page 10 Mayor Flaherty encouraged the Council to meet the new recruit Officer Neumann and welcome 1 him to the City. 2 3 C. Reports of City Attorney. 4 5 None. 6 7 12. Next Council Work Session: Monday, March 1, 2010, at 7:00 p.m. 8 Next Council Meeting: Monday, February 22, 2010, at 7:00 p.m. 9 10 13. ADJOURNMENT 11 12 The meeting was adjourned at 9:29 p.m. 13 14 Transcribed by: 15 16 Heidi Guenther 17 TimeSaver Off Site Secretarial, Inc. 18 PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Executive Session Date: March 1, 2010 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 Time: 9:54 p.m. 1. EXECUTIVE SESSION IS CALLED TO ORDER 2. ROLL CALL: Mayor Flaherty, Council Members Stigney, Hull, Mueller, and Gunn, Clerk- Administrator Ericson, and Assistant City Clerk-Administrator Crane. 3. CLOSED EXECUTIVE SESSION DISCUSS UNION CONTRACT NEGOTIATIONS Clerk-Administrator Ericson and Council reviewed and discussed the status of all union contract negotiations. MEETING ADJOURNED AT 10:10p.m. Respectfully Submitted, Desaree Crane Assistant City Clerk-Administrator