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HomeMy WebLinkAboutAgenda Packets - 2009/01/05 CITY OF MOUNDS VIEW SPECIAL CITY COUNCIL MEETING AGENDA MOUNDS VIEW CITY HALL Monday, January 5, 2009 6:00 p.m. (Work Session Immediately Following this Special City Council Meeting) 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 A. Oath of Office for Mayor Joe Flaherty. B. Oath of Office for Councilmember Roger Stigney. C. Oath of Office for Councilmember Sherry Gunn. 7. COUNCIL BUSINESS A. 6:05pm Public Hearing, Resolution 7395, a Resolution to suspend or revoke a Therapeutic Massage License for Xiu Ju Li (doing business as Jian Kang Massage) located at 2552 Highway 10 in Mounds View. B. Resolution 7396, Selection of the Official Newspaper, Acting Mayor, Treasurer and Official Depositories for 2009. C. Resolution 7397, Appointing City Council Members and City Staff as Representatives for City Commissions and Other Organizations. 8. Next Council Work Session: Immediately following this meeting Next Council Meeting: Monday, January 12, 2009, at 7:00 p.m. CITY OF MOUNDS VIEW SPECIAL CITY COUNCIL MEETING AGENDA MOUNDS VIEW CITY HALL Monday, January 5, 2009 6:00 p.m. (Work Session Immediately Following this Special City Council Meeting) 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 A. Oath of Office for Mayor Joe Flaherty. B. Oath of Office for Councilmember Roger Stigney. C. Oath of Office for Councilmember Sherry Gunn. 7. COUNCIL BUSINESS A. 6:05pm Public Hearing, Resolution 7395, a Resolution to suspend or revoke a Therapeutic Massage License for Xiu Ju Li (doing business as Jian Kang Massage) located at 2552 Highway 10 in Mounds View. B. Resolution 7396, Selection of the Official Newspaper, Acting Mayor, Treasurer and Official Depositories for 2009. C. Resolution 7397, Appointing City Council Members and City Staff as Representatives for City Commissions and Other Organizations. 8. Next Council Work Session: Immediately following this meeting Next Council Meeting: Monday, January 12, 2009, at 7:00 p.m. MOUNDS VIEW MAYOR Oath of Office I, Joseph Flaherty, do solemnly swear, to support the Constitution of the United States, and of this state, and to discharge faithfully the duties, devolving upon me as Mayor of the City of Mounds View, to the best of my judgment and ability. _________________________ Joseph Flaherty _________________________ Date _________________________ James Ericson Clerk-Administrator MOUNDS VIEW CITY COUNCIL Oath of Office I, Roger Stigney, do solemnly swear, to support the Constitution of the United States, and of this state, and to discharge faithfully the duties, devolving upon me as a City Council member of the City of Mounds View, to the best of my judgment and ability. _________________________ Roger Stigney _________________________ Date _________________________ James Ericson Clerk-Administrator MOUNDS VIEW CITY COUNCIL Oath of Office I, Sherry Gunn, do solemnly swear, to support the Constitution of the United States, and of this state, and to discharge faithfully the duties, devolving upon me as a City Council member of the City of Mounds View, to the best of my judgment and ability. _________________________ Sherry Gunn _________________________ Date _________________________ James Ericson Clerk-Administrator Item No: 07A Meeting Date: January 5, 2009 Type of Business: CB City Administrator Review: _____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Assistant City Clerk-Administrator Item Title/Subject: Public Hearing, Resolution 7395, a Resolution to Suspend or Revoke a Therapeutic Massage License for Xiu Ju Li (doing business as Jian Kang Massage) located at 2552 Highway 10 in Mounds View Background On December 29, 2008, Xiu Ju Li and Chun Wang were arrested on allegedly promoting prostitution and labor trafficking. (2 felony counts) The Mounds View Police Department, the Minnesota BCA and Immigrations and Customs Enforcement (ICE) were involved in the arrest, which took place at 2552 Highway 10 in Mounds View. Xiu Ju Li currently holds a Therapeutic Massage License with the City at Jian Kang Massage, located at 2552 Highway 10. Based on this alleged criminal incident, a public hearing needed to be scheduled to discuss a suspension or revocation of Ms. Li’s Therapeutic Massage License. Discussion Staff has been in contact with the City Attorney to help assist in the suspension/revocation process. The City Attorney and Staff feel that there is enough information to proceed in either suspending or revoking Ms. Li’s business license. With the assistance of the City Attorney, a notification letter was drafted and sent to Ms. Li (at her residence and in jail) by the Mounds View Police Department on December 30, 2008. In accordance with section 514.14 of the City Code: 514.14: SUSPENSION; REVOCATION: A license granted under this Section may be suspended or revoked by the City Council by resolution upon notice and public hearing for any violation of this Chapter, a conviction of any crime or misdemeanor or any fraud, misrepresentations or incorrect statement in the license application or in the course of operating or conducting business. This notification letter also notified Ms. Li that her Therapeutic Massage License is temporarily suspended until the City Council can review her eligibility to hold a massage license. Staff has prepared two versions of this resolution. The first resolution (Exhibit A) suspends the license until a conviction is made on the charges, and the second resolution (Exhibit B) revokes Ms. Li’s business license. It appears that Ms. Li is in violation of Section 514.09 (c) relating to persons ineligible for a license, Section 514.11., subd. 5, relating to prohibited massage, and Section 514.16 relating to the hours of operation of the business (it has come to the attention of Staff that the business was closing at 10pm and not 9pm as stated in the City Code). In addition, it has come to the attention of Staff that there may have been some unlicensed therapists working at Jian Kang Massage. Ms. Li assured Staff that she was the only therapist on site during her initial and renewal process of her license. Attached is the City Code relating to Therapeutic Massage for your reference. Police Chief Sommer will be available at this meeting to speak to the City Council about the arrest and to answer any questions you may have about the alleged criminal incident. Recommendation The City Council could suspend the license until the conviction of the crime has been made, but it could take months or even a year for that potential conviction to occur. Due to the severity of the alleged criminal charges and other violations under the Therapeutic Massage Code, Staff would recommend revoking the license. Staff feels that Ms. Li has violated enough provisions of the City Code to warrant a revocation. If the City Council wishes to review the Therapeutic Massage section of the City Code further, then Staff could have that scheduled at the February Work Session. Respectfully submitted, Desaree Crane (EXHIBIT A) RESOLUTION NO. 7395 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION SUSPENDING A THERAP EUTIC MASSAGE LICENSE FOR XIU JU LI, DOING BUSINESS AS JIAN KANG MASSAGE, LOCATED AT 2552 HIGHWAY 10 IN MOUNDS VIEW WHEREAS, Xiu Ju Li currently holds a Therapeutic Massage License with the City at Jian Kang Massage, located at 2552 Highway 10; and WHEREAS, based on the alleged criminal incident on December 29, 2008, Ms. Li has failed to comply with Minnesota State Law and the Mounds View City Code Chapter 514, relating to Therapeutic Massage; and WHEREAS, a license granted under Chapter 514 of the City Code may be suspended or revoked by the City Council by resolution upon notice and public hearing for any violation of that Chapter, a conviction of any crime or misdemeanor or any fraud, misrepresentations or incorrect statement in the license application or in the course of operating or conducting a business; and WHEREAS, a letter of notification was delivered to Ms. Li on December 30, 2008 to inform her of this public hearing. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mounds View does hereby suspend Xiu Ju Li’s (doing business as Jian Kang Massage) Therapeutic Massage License until a conviction determination has been made on the alleged criminal incident. Adopted this 5th day of January, 2009. ______________________________ Joe Flaherty, Mayor ATTEST: _______________________________ Jim Ericson, Clerk-Administrator (seal) (EXHIBIT B) RESOLUTION NO. 7395 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION REVOKING A THERAPEUTIC MASSAGE LICENSE FOR XIU JU LI, DOING BUSINESS AS JIAN KANG MASSAGE, LOCATED AT 2552 HIGHWAY 10 IN MOUNDS VIEW WHEREAS, Xiu Ju Li currently holds a Therapeutic Massage License with the City at Jian Kang Massage, located at 2552 Highway 10; and WHEREAS, based on the alleged criminal incident on December 29, 2008, Ms. Li has failed to comply with Minnesota State Law and the Mounds View City Code Chapter 514, relating to Therapeutic Massage; and WHEREAS, Ms. Li is also ineligible for a Therapeutic Massage License under the City Code Sections 514.09 (c), 514.11, subd. 5, and Section 514.16; and WHEREAS, a license granted under Chapter 514 of the City Code may be suspended or revoked by the City Council by resolution upon notice and public hearing for any violation of that Chapter, a conviction of any crime or misdemeanor or any fraud, misrepresentations or incorrect statement in the license application or in the course of operating or conducting a business; and WHEREAS, a letter of notification was delivered to Ms. Li on December 30, 2008 to inform her of this public hearing. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mounds View does hereby revoke Xiu Ju Li’s (doing business as Jian Kang Massage) Therapeutic Massage. Adopted this 5th day of January, 2009. ______________________________ Joe Flaherty, Mayor ATTEST: _______________________________ Jim Ericson, Clerk-Administrator (seal) Item No: 07B Meeting Date: January 5, 2009 Type of Business: CB City Administrator Review: _____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Assistant City Clerk-Administrator Item Title/Subject: Consideration of Resolution 7396, Selection of the Official City Newspaper, Acting Mayor, Treasurer and Official Depositories for 2009 Discussion: The Focus and The Bulletin have each submitted proposals to be the City’s official newspaper for 2009. The Council selected The Bulletin as the City’s primary newspaper last year. Both newspapers have put in bids (letters attached), and The Bulletin’s rates continue to be less. However, the City Council has expressed interest in selecting the Sun Focus as the City’s official newspaper due to the better coverage that the Sun Focus provides to the City. Both newspapers accept legal notices via e-mail. Last year and in years previous the Council selected the St. Paul Pioneer Press as the City’s secondary newspaper. Although the Pioneer Press did not submit a proposal this year, it would certainly be acceptable for the Council to select the Pioneer Press as the City’s secondary newspaper. In addition, the attached resolution appoints the treasurer consistent with Section 6.04 of the City Charter and also lists the city job positions that are authorized to conduct banking and investment business on behalf of the City. Recommendation: Review and Adopt Resolution 7396. Respectfully submitted, Desaree Crane Attachments: 1. Letter from Sun Newspapers 2. Letter from Lillie Suburban Newspapers, Inc. RESOLUTION NO. 7396 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPOINTING OFFICIAL NEWSPAPER, ACTING MAYOR, OFFICIAL DEPOSITORY AND TREASURER FOR THE YEAR 2009 WHEREAS, Minnesota Statute 412.831 requires that City Councils annually designate a newspaper of general circulation as its official newspaper; and WHEREAS, Minnesota Statute 412.121 requires that City Councils annually elect an Acting Mayor from among Council Members; and WHEREAS, Minnesota Statute 427.012 requires that City Councils annually select an official depository for City funds; and WHEREAS, Chapter 6. Section 6.04 of the City Charter states the City Council shall appoint a City Treasurer whose duties shall be as specified by State Law. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mounds View does hereby appoint the following: Official Newspaper: Primary: Sun Focus Secondary: St. Paul Pioneer Press Acting Mayor: Councilmember Stigney Primary Depository: Western Bank (for checking accounts, savings accounts and investments) Secondary Depositories: Minnesota Municipal Money Market Fund PMA-4M Fund Wachovia Securities, Inc. RBC Dain Rauscher, Inc. CitiGroup Global Markets, Inc. U.S. Bank Systems Investment Services Wells Fargo Bank N.A. US Bank Corporate Trust Services Federal Reserve Bank of Mpls. Lynk Systems, Inc. TCF National Banks Resolution 7198 Page 2 BE IT FURTHER RESOLVED that the City Clerk/Administrator, the Treasurer, or the Deputy Treasurer are authorized to conduct banking and investment business on behalf of the City and the persons appointed to these positions are the following: Jim Ericson, Clerk-Administrator Mark Beer, Treasurer Mary Tatarek, Deputy Treasurer Adopted this 5th day of January, 2009. ______________________________ Joe Flaherty, Mayor ATTEST: _______________________________ Jim Ericson, Clerk-Administrator (SEAL) Item No: 07C Meeting Date: January 5, 2009 Type of Business: CB City Administrator Review: _____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Assistant City Clerk-Administrator Item Title/Subject: Consideration of Resolution 7397, Appointing City Council Members and City Staff as Representatives for City Committees and Other Organizations Discussion: The City Council annually reviews the various Council and Staff appointments to City commissions and other organizations. Below are the 2008 Council and Staff appointments for your reference: Ramsey County League Northwest Youth and Family Services of Local Government 1. Councilmember Al Hull 1. Councilmember Carol Mueller 2. Councilmember Joe Flaherty (Alt) 2. Clerk-Administrator Spring Lake Park/Blaine/ Mounds View Fireman’s Relief Assoc. League of Minnesota Cities 1. Councilmember Roger Stigney 1. Mayor Rob Marty 2. Clerk-Administrator 2. Clerk-Administrator Human Resources Committee I-35 Corridor Coalition 1. Councilmember Roger Stigney 1. Councilmember Joe Flaherty 2. Councilmember Joe Flaherty 2. Mayor Rob Marty, Alternate 3. Clerk-Administrator 3. Clerk-Administrator 4. Assistant City Clerk-Administrator Minneapolis Metro North Convention North Metro Mayors Association And Visitor’s Bureau 1. Mayor Rob Marty 1. Clerk-Administrator 2. Clerk-Administrator 2. Heidi Steinmetz, Economic Development Spec. YMCA Advisory Committee 1. YMCA Center Manager 2. YMCA Center Manager 3. Executive Director of the Northwest Family YMCA (Pat Reimersma) 4. Clerk-Administrator 5. Councilmember Joe Flaherty 6. Councilmember Al Hull Recommendation: Please make the appointments as necessary and approve the attached Resolution 7397. RESOLUTION 7397 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPOINTING CITY COUNCIL MEMBERS AND CITY STAFF AS REPRESENTATIVES FOR CITY COMMITTEES AND OTHER ORGRANIZATIONS WHEREAS, members of the City Council act as representatives to City Committees and other organizations; and WHEREAS, the following representatives of the City have been named to act as representatives to the following City Committees and other organizations for the year 2009: Ramsey County League Northwest Youth and Family Services of Local Government 1. Councilmember Al Hull 1. Councilmember Carol Mueller 2. Mayor Joe Flaherty (Alt) 2. Clerk-Administrator Spring Lake Park/Blaine/ Mounds View Fireman’s Relief Assoc. League of Minnesota Cities 1. Councilmember Roger Stigney 1. Mayor Joe Flaherty 2. Clerk-Administrator 2. Clerk-Administrator Human Resources Committee I-35 Corridor Coalition 1. Councilmember Carol Mueller 1. Mayor Joe Flaherty 2. Councilmember Roger Stigney 2. Councilmember Sherry Gunn (Alternate) 3. Clerk-Administrator 3. Clerk-Administrator 4. Assistant City Clerk-Administrator Visit Minneapolis North Convention North Metro Mayors Association And Visitor’s Bureau 1. Mayor Joe Flaherty 1. Clerk-Administrator 2. Clerk-Administrator 2. Heidi Steinmetz, Economic Development Spec. YMCA Advisory Committee 1. YMCA Center Manager 2. YMCA Center Manager 3. Executive Director of the Northwest Family YMCA (Pat Reimersma) 4. Clerk-Administrator 5. Councilmember Al Hull 6. Councilmember Sherry Gunn NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View that the aforementioned appointments are hereby approved. Adopted this 5th day of January, 2009. _______________________________ Joe Flaherty, Mayor ATTEST: ________________________________ Jim Ericson, Clerk-Administrator (seal)