HomeMy WebLinkAboutAgenda Packets - 2009/01/26CITY OF MOUNDS VIEW
CITY COUNCIL MEETING AGENDA
MOUNDS VIEW CITY HALL
Monday, January 26, 2009
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
A. Presentation by Senator Betzold and Representative Tillberry to discuss the
2009 State legislative session with the City Council.
B. Resolution 7401, A Resolution of Appreciation to Russ Warren, Streets and
Utilities Committee
7. COUNCIL BUSINESS
A. Resolution 7387, a Resolution Authorizing Abatement of Nuisance Code
Violations at 8379 Red Oak Drive, Mounds View, MN 55112
B. Resolution 7404, Authorization to Create an Eligibility List to Fill a Police
Officer Position.
8. CONSENT AGENDA
A. Licenses for Approval
B. Resolution 7405, Approving a Charitable Gambling Permit for the Blaine
Jaycees to Conduct Charitable Gambling at Robert’s Sports Bar and
Entertainment.
C. Resolution 7363, Approving the Agency Delegated Contract Process
Agreement with the Minnesota Department of Transportation.
D. Set Public Hearing for February 9, 2009 at 7:05 PM for a Major Subdivision
at the Mermaid (2200 Highway 10)
9. JUST AND CORRECT CLAIMS
10. APPROVAL OF MINUTES
A. December 1, 2008, Truth in Taxation Meeting.
B. December 22, 2008, City Council Meeting.
C. January 5, 2009, Special City Council Meeting.
11. REPORTS
A. Reports of Mayor and Council
B. Reports of Staff
1. 2008 Annual Report – Police Department
2. Traffic Signal Project at Co Rd H & Silver Lake Rd - Update
C. Reports of City Attorney
12. Next Council Work Session: Monday, February 2, 2009 at 7:00 p.m.
Next Council Meeting: Monday, February 9, 2009 at 7:00 p.m.
CITY OF MOUNDS VIEW
CITY COUNCIL MEETING AGENDA
MOUNDS VIEW CITY HALL
Monday, January 26, 2009
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
A. Presentation by Senator Betzold and Representative Tillberry to discuss the
2009 State legislative session with the City Council.
B. Resolution 7401, A Resolution of Appreciation to Russ Warren, Streets and
Utilities Committee
7. COUNCIL BUSINESS
A. Resolution 7387, a Resolution Authorizing Abatement of Nuisance Code
Violations at 8379 Red Oak Drive, Mounds View, MN 55112
B. Resolution 7404, Authorization to Create an Eligibility List to Fill a Police
Officer Position.
8. CONSENT AGENDA
A. Licenses for Approval
B. Resolution 7405, Approving a Charitable Gambling Permit for the Blaine
Jaycees to Conduct Charitable Gambling at Robert’s Sports Bar and
Entertainment.
C. Resolution 7363, Approving the Agency Delegated Contract Process
Agreement with the Minnesota Department of Transportation.
D. Set Public Hearing for February 9, 2009 at 7:05 PM for a Major Subdivision
at the Mermaid (2200 Highway 10)
9. JUST AND CORRECT CLAIMS
City Council Meeting Agenda
Monday, January 26, 2009
Page 2
10. APPROVAL OF MINUTES
A. December 1, 2008, Truth in Taxation Meeting.
B. December 22, 2008, City Council Meeting.
C. January 5, 2009, Special City Council Meeting.
11. REPORTS
A. Reports of Mayor and Council
B. Reports of Staff
1. 2008 Annual Report – Police Department
2. Traffic Signal Project at Co Rd H & Silver Lake Rd - Update
C. Reports of City Attorney
12. Next Council Work Session: Monday, February 2, 2009 at 7:00 p.m.
Next Council Meeting: Monday, February 9, 2009 at 7:00 p.m.
RESOLUTION NO. 7401
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION OF APPRECIATION TO RUSS WARREN
WHEREAS, Russ Warren has fulfilled his current term on the Mounds
View Streets and Utilities Committee after 1 year of service; and
WHEREAS, Mr. Warren has gained the respect and gratitude of those
who have had the privilege of working with him on the Streets and Utilities Committee;
and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of Mounds View, on behalf of the residents of the City of Mounds View, expresses its
appreciation to Russ Warren for his dedicated and devoted service on the Mounds View
Streets and Utilities Committee.
Adopted this 26th day of January, 2009.
ATTEST:
Mayor Joe Flaherty
Councilmember Mueller Councilmember Stigney
Councilmember Hull Councilmember Gunn
City Administrator Ericson
Item No: 7b
Meeting Date: 1-26-09
Type of Business: CB
Administrator Review: _____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Chief of Police, Mike Sommer
Item Title/Subject: Authorization to create an eligibility list to fill a police
officer position.
Date of Report: January, 26, 2009
Background:
The Mounds View Police Civil service eligibility list for Police Officer has expired, and the police
department anticipates an opening in early April of 2009 due to a retirement of a current police
officer. The purpose of this staff report is to seek approval to create an active Civil Service
eligibility list for police officer and seek approval to hire a police officer to fill the opening when it
occurs.
The police officer position is an essential public safety position within the city, and having a
replacement officer in place, ready to hire, at the time of retirement of the current officer is critical
to maintaining uninterrupted continuity of policing services in the city. Delaying the replacement
of this patrol officer position will result in a reduction in of police service, and could result in
additional expenses in terms of overtime cost to backfill the vacancy. Some cost savings will be
realized with the hire of a new police officer who will probably start at step one, when compared to
the step five rate of the officer being replaced. The process of hiring a police officer is anticipated
to take about two months, so in order to have an eligibility list for hire at the time of retirement the
process will need to be started soon.
The Mounds View Police Civil Service Commission has approved the process for hiring a police
officer for the current opening. It begins with advertising to fill the positions. Minnesota rules,
6700.0700 set legal requirements for selection standards for peace officers, and The State of
Minnesota Peace Officer Standards and Training Board regulates the procedures for hiring a peace
officer. The required hiring process has several steps including:
1. Advertisement of positions
2. Police Civil Service Testing
3. Interviews of applicants
4. Scoring of written tests and interviews
5. Final selection of candidates
6. Psychological Examination of selected candidates
7. Test of physical strength and agility to measure job related skills
8. Medical examination by a licensed physician
9. Candidate fingerprints to be sent to the BCA and FBI for clearance.
10. Applicants are checked to confirm they have successfully completed all training and
licensing examinations.
11. Applicants must submit to a thorough background investigation including searches by local,
state, and federal agencies.
12. Final appointment
Recommendation:
I recommend approval be granted to advertise for a Police Officer Position to create a current
eligibility list and authorization be granted to hire one replacement police officer for a retiring
police officer.
Respectfully submitted,
Mike Sommer, Chief of Police
RESOLUTION NO. 7404
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AUTHORIZATION TO CREATE AN ELIGIBILITY LIST TO FILL A POLICE OFFICER
POSITON
WHEREAS, the Mounds View Police Civil Service Commission maintains an
eligibility list for Police Officer Positions, and;
WHEREAS, this list has now expired, and the police department anticipates an
opening this spring as a result of a retirement, and;
WHEREAS, the police officer position is an essential position to the operations of
the Police Department, and having a replacement officer in place at the time of the
retirement is critical to maintaining uninterrupted continuity of functional Police
operations, and;
WHERAS, the replacement officer shall be hired from the new Civil Service
eligibility list.
NOW, THEREFORE BE IT RESOLVED that the Mounds View City Council does
hereby approve advertising to create a new eligibility list for the position of police officer
for the City of Mounds View.
NOW, THEREFORE BE IT FURTHER RESOLVED that the Mounds View City
Council does herby approve filling the police officer vacancy created by the retirement
of a police officer in April of 2009, by hiring an officer consistent with the hiring rules of
the Mounds View Civil Service Commission and the Mounds View City Council, with an
anticipated start date effective concurrent with the retirement date of the retiring officer.
Adopted this 26th day of January 2009.
________________________________
Joe Flaherty, Mayor
ATTEST:
_________________________________
Jim Ericson, City Administrator
(SEAL)
Item No: 08A
Meeting Date: January 26, 2009
Type of Business: CA
City Administrator Review: __________
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Barb Benesch, Administrative Assistant
Item Title/Subject: CONTRACTOR LICENSES FOR APPROVAL
Please consider the following contractor licenses for approval. All contractor licenses will
expire on December 31, 2009. 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 2008. The majority of the licenses are renewals, so at a minimum, they were
licensed in 2008. The type of license they are applying for follows the company name.
Asphalt Driveway Co. Asphalt Renewal
Awningtec USA, Inc. Sign Installation New
Dave’s Heating & Air HVAC Renewal
Eco Air, Inc. HVAC New
Elder-Jones, Inc. General (Commercial) Renewal
Gartner Refrigeration & Manufacturing HVAC Renewal
Harris Companies, Inc. HVAC Renewal
Hoffman Corner Heating & Air
Conditioning
HVAC Renewal
McGough Construction General (Commercial) Renewal
Nasseff Mechanical Contractors HVAC Renewal
Northeast Tree, Inc. Tree Trimming/Removal Renewal
Pearson Mechanical HVAC Renewal
Prescription Heating & Cooling HVAC New
Riccar Heating & Air Conditioning HVAC Renewal
Royalton Heating & Cooling HVAC Renewal
Schulties Plumbing HVAC Renewal
Sedgwick Heating & Air Conditioning HVAC Renewal
Steinkraus Plumbing HVAC Renewal
Walbridge Construction, Inc. General (Commercial) New
Staff Recommendation: Approve license applications as requested.
Item No: 08B
Meeting Date: January 26, 2009
Type of Business: CA
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: Resolution 7405, Approving a Charitable Gambling
Permit for the Blaine Jaycees to Conduct Charitable
Gambling at Robert’s Sports Bar and Entertainment
The Blaine Jaycees would like to hold charitable gambling on a permanent basis at
Robert’s Sports Bar and Entertainment. All supporting documentation is on file
with the City and their non-profit status is on file with the Minnesota State
Gambling Control Board and with the City. The organization is in compliance with
all requirements of the City Code.
Merrick Inc., did hold charitable gambling at Robert’s Sports Bar and
Entertainment, but recently decided to no longer conduct charitable gambling in
Mounds View. The Blaine Jaycees would be the only charitable organization
holding a charitable gambling license at Robert’s Sports Bar and Entertainment.
Attached for you reference is information on the Blaine Jaycees organization.
Recommendation:
Approve attached Resolution 7405.
Respectfully submitted,
Desaree Crane
RESOLUTION NO. 7405
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION GRANTING A CHARITABLE GAMBLING PERMIT FOR THE
BLAINE JAYCEES TO CONDUCT CHARITABLE GAMBLING AT
ROBERT’S SPORTS BAR AND ENTERTAINMENT IN MOUNDS VIEW
WHEREAS, the Blaine Jaycees have requested that the City Council
allow them to conduct charitable gambling at Robert’s Sports Bar and
Entertainment; and
WHEREAS, the Gambling Control Board requires that the local unit of
government pass a resolution specifically approving or denying requests to
conduct charitable gambling; and
WHEREAS, the Blaine Jaycees are in compliance with all requirements of
the Mounds View Municipal Code with regard to charitable gambling regulations.
NOW, THEREFORE, BE IT RESOLVED, that the Mounds View City
Council does hereby authorize the Blaine Jaycees to conduct charitable
gambling at Robert’s Sports Bar and Entertainment.
Adopted this 26th day of January, 2009.
___________________________________
Joe Flaherty, Mayor
ATTEST:
___________________________________
James Ericson, Clerk-Administrator
(seal)
Item No: 8C
Meeting Date: January 26, 2009
Type of Business: CA
Administrator Review: _____
City of Mounds View Staff Report
To:Honorable Mayor and City Council
From:Joe Rhein, Consulting Engineer
Item Title/Subject:Resolution 7363 Approving The Agency Delegated
Contract Process Agreement With The Minnesota
Department Of Transportation
Background:
The City has successfully obtained Federal funding for upcoming projects, including the
construction of County Road 10 Trailway Segments 1-5 and the improvements to the
intersection of County Road 10 and County Road H.
The Federal funds will be administered through the Minnesota Department of
Transportation (MnDOT).
In order for MnDOT to administer the funds on behalf of the City, an agreement must be in
place between the two parties to that effect.
On November 24, 2008 the City Council considered the standard version of the
Agreement, which had been provided by MnDOT. After discussion, the matter was tabled
to allow the City Attorney to pursue potential revisions to the agreement language.
Discussion:
The City of Mounds View has recently been successful in securing Federal funds for two
upcoming improvement projects in the City. The two projects are described briefly as:
County Road 10 & County Road H Intersection Improvements
Amount of Federal funds:$630,000
Year funds programmed:2012
Project Includes:Traffic signal replacement
Intersection leg reconstruction
Other safety improvements
County Road 10 Trailway Project:Segments 1 – 5
Amount of Federal funds:$525,000
Year funds programmed:2009
Project Includes:Trailway construction,
Lighting, landscaping, and
interpretive and education signage
January 26, 2009 Item No. 8C
Page 2
The Federal funds are administered through the Minnesota Department of Transportation
(MnDOT). Before the funds will be released from the Federal government to MnDOT, it is
required that an Agreement be in place between the City and MnDOT, whereby the City
designates MnDOT to act as its agent in accepting the funds. The agreement is known as
an “Agency Delegated Contract Process” Agreement, or DCP Agreement.
The DCP Agreement between the City and MnDOT is not project specific. The Agreement
will cover both projects listed previously, as well as any future projects for which the City
receives Federal funds.
MnDOT has checked their records, and they do not have a DCP Agreement with Mounds
View on file. Therefore, the Agreement needs to be approved and executed by both
parties before Federal funds can be distributed for the upcoming projects.
MnDOT previously provided their standard version of the DCP Agreement for
consideration by the City. The City Council considered the Agreement on November 24,
2008 and tabled the issue to allow the City Attorney the opportunity to discuss with
MnDOT several desired changes to the Agreement language.
The City Attorney and MnDOT have discussed the requested changes, and have reached
an updated version of the Agreement that both find acceptable. A copy of the updated
version of the Agreement is included with this Staff Report for review. The Agreement
number is 90473, which is the same as when it was originally considered in November.
Please note that the title sheet of the Agreement does not indicate “Updated” or “Revised”
in any sense. This is appropriate since the original version of Agreement was never
approved and executed. However, the version included with this Staff Report is the
updated version.
A summary of the changes made in the Agreement are:
x Correction in spelling of the City name and references to the City throughout
the document
x Clarification on Contract Administration duties of the City (Section I.D.3,
Page 3)
x Deletion of the City indemnification of MnDOT (Section I.I, Page 5)
x Deletion of language regarding insufficient federal funding (Section II.C.4,
Page 6)
x Addition of language to identify statutory governance of City liability
(Section III, Page 7)
The City Attorney has indicated their opinion to Staff that the Agreement is ready for
approval by the City Council.
January 26, 2009 Item No. 8C
Page 3
One item worth noting on the Agreement is that the disbursement of Federal funds is
different than the disbursement of Minnesota State Aid funds. On a State Aid funded
project, the City can request 95% of the total amount of the State Aid Funds upon award of
a construction contract. This provides positive cash flow for the City on the project, and
allows the City the opportunity to achieve interest income until the funds are expended.
However, as stated under Paragraph E of Section I of the DCP Agreement, on the
Federally funded project the City must certify and make each partial construction payment
to the contractor before the request can be submitted to MnDOT for disbursement of
Federal funds. This requires the City to have an interim local funding source for the time
period between when payment is made to the contractor and when Federal funds are
received.
This language regarding the partial construction payments and disbursement of Federal
funds is unchanged from the original version of the Agreement.
An approved and certified resolution to enter into the DCP Agreement is required as an
attachment to the Agreement. MnDOT has provided sample language for use in the
resolution.
Recommendation:
Resolution 7363 has been prepared in accordance with the previous discussion,
incorporating the language provided by MnDOT. The Resolution is attached to this Staff
Report for consideration by the City Council.
Staff recommends that the City Council adopt Resolution 7363, appointing MnDOT to act
as its agent for the Federal funds, and authorizing the Mayor and City Administrator to
execute the DCP Agreement with MnDOT.
Respectfully submitted,
Joseph R. Rhein, Consulting Engineer
Attachments:
- Resolution 7363
- MnDOT Agreement 90473 (with updated language)
RESOLUTION 7363
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
APPROVING THE AGENCY DELEGATED CONTRACT PROCESS
AGREEMENT BETWEEN THE CITY OF MOUNDS VIEW AND THE
MINNESOTA DEPARTMENT OF TRANSPORTATION
WHEREAS, the City of Mounds View has successfully obtained
federal funding for upcoming public improvement projects; and
WHEREAS, the City desires that the federal funds be administered
through the Minnesota Department of Transportation.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Mounds View, Ramsey County, Minnesota that pursuant to Minnesota
Statute Section 161.36, the Commissioner of Transportation is appointed as
Agent of the City of Mounds View to accept as its agent, federal aid funds which
may be made available for eligible transportation related projects; and
BE IT FURTHER RESOLVED by the City Council of the City of
Mounds View, Ramsey County, Minnesota that the Mayor and Clerk-
Administrator are hereby authorized and directed for and on behalf of the City to
execute and enter into an agreement with the Commissioner of Transportation
prescribing the terms and conditions of said federal aid participation as set forth
and contained in “Minnesota Department of Transportation Agency Agreement
No. 90473”, a copy of which said agreement was before the City Council and
which is made a part hereof by reference.
Adopted this 26th day of January 2009.
____________________________________
Joseph Flaherty, Mayor
(ATTEST)
____________________________________
James Ericson, Clerk-Administrator
(SEAL)
(Mn/DOT Agreement No. 90473)
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Mn/DOT Agreement No. 90473
STATE OF MINNESOTA AGENCY AGREEMENT
BETWEEN
DEPARTMENT OF TRANSPORTATION
AND
CITY OF MOUNDS VIEW
FOR FEDERAL PARTICIPATION IN CONSTRUCTION
This agreement is entered into by and between the City of Mounds View (“City”) and the
State of Minnesota acting through its Commissioner of Transportation (“Mn/DOT”),
Pursuant to Minnesota Statutes Section 161.36, the City desires Mn/DOT to act as the City’s
agent in accepting federal funds on the City’s behalf for the construction, improvement, or
enhancement of transportation financed either in whole or in part by federal funds, hereinafter referred
to as the “Project(s)”; and
Mn/DOT requires that the terms and conditions of this agency be set forth in an agreement.
THE PARTIES AGREE AS FOLLOWS:
I.DUTIES OF THE CITY.
A.DESIGNATION. The City designates Mn/DOT to act as its agent in accepting
federal funds in its behalf made available for the Project(s).
B.STAFFING.
1. The City will furnish and assign a publicly employed licensed engineer, (“Project
Engineer"), to be in responsible charge of the Project(s) and to supervise and
direct the work to be performed under any construction contract let for the
Project(s). In the alternative where the City elects to use a private consultant for
construction engineering services, the City will provide a qualified, full-time public
employee of the City, to be in responsible charge of the Project(s). The services of
the City to be performed hereunder may not be assigned, sublet, or transferred
unless the City is notified in writing by Mn/DOT that such action is permitted
under 23 CFR 1.33 and 23 CFR 635.105 and state law. This written consent will
in no way relieve the City from its primary responsibility for performance of the
work.
2.During the progress of the work on the Project(s), the City authorizes its Project
Engineer to request in writing specific engineering and/or technical services from
(Mn/DOT Agreement No. 90473)
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Mn/DOT, pursuant to Minnesota Statutes Section 161.39. Such services may be
covered by other technical service agreements. If Mn/DOT furnishes the services
requested, and if Mn/DOT requests reimbursement, then the City will promptly
pay Mn/DOT to reimburse the state trunk highway fund for the full cost and
expense of furnishing such services. The costs and expenses will include the
current Mn/DOT labor additives and overhead rates, subject to adjustment based
on actual direct costs that have been verified by audit. Provision of such services
will not be deemed to make Mn/DOT a principal or co-principal with respect to
the Project(s).
C.LETTING. The City will prepare construction contracts in accordance with
Minnesota law and applicable Federal laws and regulations.
1.The City will solicit bids after obtaining written notification from Mn/DOT that
the Federal Highway Administration (“FHWA”) has authorized the Project(s).
Any Project(s) advertised prior to authorization will not be eligible for federal
reimbursement.
2.The City will prepare the Proposal for Highway Construction for the construction
contract, which will include all of the federal-aid provisions supplied by Mn/DOT.
3.The City will prepare and publish the bid solicitation for the Project(s) as required
by state and federal laws. The City will include in the solicitation the required
language for federal-aid construction contracts as supplied by Mn/DOT. The
solicitation will state where the proposals, plans, and specifications are available
for the inspection of prospective bidders, and where the City will receive the
sealed bids.
4.The City may not include other work in the construction contract for the
authorized Project(s) without obtaining prior notification from Mn/DOT that such
work is allowed by FHWA. Failure to obtain such notification may result in the
loss of some or all of the federal funds for the Project(s).
5.The City will prepare and sell the plan and proposal packages and prepare and
distribute any addendums, if needed.
6.The City will receive and open bids.
7.After the bids are opened, the City Council will consider the bids and will award
the bid to the lowest responsible bidder, or reject all bids. If the construction
contract contains a goal for Disadvantaged Business Enterprises, the City will not
award the bid until it has received certification of the Disadvantaged Business
Enterprise participation from the Mn/DOT Equal Employment Opportunity
Office.
(Mn/DOT Agreement No. 90473)
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D.CONTRACT ADMINISTRATION.
1.The City will prepare and execute a construction contract with the lowest
responsible bidder, hereinafter referred to as the “Contractor,” in accordance with
the special provisions and the latest edition of Mn/DOT’s Standard Specifications
for Construction and all amendments thereto.
2.The Project(s) will be constructed in accordance with plans, special provisions,
and standard specifications of each Project. The standard specifications will be
the latest edition of Mn/DOT Standard Specifications for Highway Construction,
and all amendments thereto. The plans, special provisions, and standard
specifications will be on file at the City Engineer’s Office. The plans, special
provisions, and specifications are incorporated into this agreement by reference as
though fully set forth herein.
3.The City will furnish the personnel, services, supplies, and equipment necessary to
properly supervise, inspect, and document the work for the Project(s). Except as
provided in Article I B (1), the services of the City to be performed hereunder
may not be assigned, sublet, or transferred unless the City is notified in writing by
Mn/DOT that such action is permitted under 23 CFR 1.33 and 23 CFR 635.105
and state law. This written consent will in no way relieve the City from its
primary responsibility for performance of the work.
4.The City will document quantities in accordance with the guidelines set forth in
the Mn/DOT Contract Administration Manual Sections 410 and 420 that were in
effect at the time the work was performed.
5.The City will test materials in accordance with the Mn/DOT Schedule of Materials
Control in effect at the time each Project was let. The City will notify Mn/DOT
when work is in progress on the Project(s) that requires observation by the
Independent Assurance Inspector as required by the Independent Assurance
Schedule.
6.The City may make changes in the plans or the character of the work, as may be
necessary to complete the Project(s), and may enter into supplemental
agreement(s) with the Contractor. The City will not be reimbursed for any costs
of any work performed under a supplemental agreement unless Mn/DOT has
notified the City that the subject work is eligible for federal funds and sufficient
federal funds are available.
7.The City will request approval from Mn/DOT for all costs in excess of the amount
of federal funds previously approved for the Project(s) prior to incurring such
costs. Failure to obtain such approval may result in such costs being disallowed
for reimbursement.
8.The City will prepare reports, keep records, and perform work so as to enable
Mn/DOT to collect the federal aid sought by the City. Required reports are listed
(Mn/DOT Agreement No. 90473)
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in the Mn/DOT State Aid Manual, Delegated Contract Process Checklist,
available from Mn/DOT’s authorized representative. The City will retain all
records and reports in accordance with Mn/DOT's record retention schedule for
federal aid projects.
9.Upon completion of the Project(s), the Project Engineer will determine whether
the work will be accepted.
E.PAYMENTS.
1.The entire cost of the Project(s) is to be paid from federal funds made available by
the FHWA and by other funds provided by the City. The City will pay any part of
the cost or expense of the Project(s) that is not paid by federal funds.
2.The City will prepare partial estimates in accordance with the terms of the
construction contract for the Project(s). The Project Engineer will certify each
partial estimate. Following certification of the partial estimate, the City will make
partial payments to the Contractor in accordance with the terms of the
construction contract for the Project(s).
3.Following certification of the partial estimate, the City may request reimbursement
for costs eligible for federal funds. The City’s request will be made to Mn/DOT
and will include a copy of the certified partial estimate.
4.Upon completion of the Project(s), the City will prepare a final estimate in
accordance with the terms of the construction contract for the Project(s). The
Project Engineer will certify the final estimate. Following certification of the final
estimate, the City will make the final payment to the Contractor in accordance
with the terms of the construction contract for the Project(s).
5.Following certification of the final estimate, the City may request reimbursement
for costs eligible for federal funds. The City’s request will be made to Mn/DOT
and will include a copy of the certified final estimate along with the required
records.
F.LIMITATIONS.
1.The City will comply with all applicable Federal, State, and local laws, ordinances,
and regulations.
2.Nondiscrimination. It is the policy of the Federal Highway Administration and the
State of Minnesota that no person in the United States will, on the grounds of
race, color, or national origin, be excluded from participation in, be denied the
benefits of, or be subjected to discrimination under any program or activity
receiving Federal financial assistance (42 U.S.C. 2000d). Through expansion of
the mandate for nondiscrimination in Title VI and through parallel legislation, the
prescribed bases of discrimination include race, color, sex, national origin, age,
(Mn/DOT Agreement No. 90473)
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and disability. In addition, the Title VI program has been extended to cover all
programs, activities and services of an entity receiving Federal financial assistance,
whether such programs and activities are Federally assisted or not. Even in the
absence of prior discriminatory practice or usage, a recipient in administering a
program or activity to which this part applies, is expected to take affirmative
action to assure that no person is excluded from participation in, or is denied the
benefits of, the program or activity on the grounds of race, color, national origin,
sex, age, or disability. It is the responsibility of the City to carry out the above
requirements.
3.Workers’ Compensation. Any and all employees of the City or other persons
while engaged in the performance of any work or services required or permitted
by the City under this agreement will not be considered employees of Mn/DOT,
and any and all claims that may arise under the Workers’ Compensation Act of
Minnesota on behalf of said employees, or other persons while so engaged, will in
no way be the obligation or responsibility of Mn/DOT. The City will require
proof of Workers’ Compensation Insurance from any contractor and sub-
contractor.
4.Utilities. The City will treat all public, private or cooperatively owned utility
facilities which directly or indirectly serve the public and which occupy highway
rights of way in conformance with 23 CFR 645 “Utilities” which is incorporated
herein by reference.
G.AUDIT.
1. The City will comply with the Single Audit Act of 1984 and Office of
Management and Budget (OMB) circular A-133, which are incorporated herein
by reference.
2.As provided under Minnesota Statutes Section 16C.05, subdivision 5, all books,
records, documents, and accounting procedures and practices of the City are
subject to examination by the United States Government, Mn/DOT, and either the
Legislative Auditor or the State Auditor as appropriate, for a minimum of seven
years. The City will be responsible for any costs associated with the performance
of the audit.
H.MAINTENANCE. The City assumes full responsibility for the operation and
maintenance of any facility constructed or improved under this Agreement.
I.CLAIMS. The City acknowledges that Mn/DOT is acting only as the [city’s] agent for
acceptance and disbursement of federal funds , and not as a principal or co-principal
with respect to the Project. The City will pay any and all lawful claims arising out of
or incidental to the Project including, without limitation, claims related to contractor
selection (including the solicitation, evaluation, and acceptance or rejection of bids or
proposals), acts or omissions in performing the Project work, and any ultra vires acts.
(Mn/DOT Agreement No. 90473)
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for Approval 1-19-09.DOC 2/5/00 Page 6
II.DUTIES OF Mn/DOT.
A.ACCEPTANCE. Mn/DOT accepts designation as Agent of the City for the receipt
and disbursement of federal funds and will act in accordance herewith.
B.PROJECT ACTIVITIES.
1.Mn/DOT will make the necessary requests to the FHWA for authorization to use
federal funds for the Project(s), and for reimbursement of eligible costs pursuant
to the terms of this agreement.
2.Mn/DOT will provide to the City copies of the required Federal-aid clauses to be
included in the bid solicitation and will provide the required Federal-aid provisions
to be included in the Proposal for Highway Construction.
3.Mn/DOT will review and certify the DBE participation and notify the City when
certification is complete. If certification of DBE participation (or good faith
efforts to achieve such participation) cannot be obtained, then City must decide
whether to proceed with awarding the contract. Failure to obtain such
certification will result in the project becoming ineligible for federal assistance,
and the City must make up any shortfall.
4.Mn/DOT will provide the required labor postings.
C.PAYMENTS.
1. Mn/DOT will receive the federal funds to be paid by the FHWA for the Project(s),
pursuant to Minnesota Statutes § 161.36, Subdivision 2.
2. Mn/DOT will reimburse the City, from said federal funds made available to each
Project, for each partial payment request, subject to the availability and limits of
those funds.
3.Upon completion of the Project(s), Mn/DOT will perform a final inspection and
verify the federal and state eligibility of all the payment requests. If the Project is
found to have been completed in accordance with the plans and specifications,
Mn/DOT will promptly release any remaining federal funds due the City for the
Project(s).
4.In the event Mn/DOT does not obtain funding from the Minnesota Legislature or
other funding source, the City may continue the work with local funds only, until
such time as Mn/DOT is able to process the federal aid reimbursement requests.
D.AUTHORITY. Mn/DOT may withhold federal funds, where Mn/DOT or the FHWA
determines that the Project(s) was not completed in compliance with federal
requirements.
(Mn/DOT Agreement No. 90473)
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E.INSPECTION. Mn/DOT, the FHWA, or duly authorized representatives of the state
and federal government will have the right to audit, evaluate and monitor the work
performed under this agreement. The City will make available all books, records, and
documents pertaining to the work hereunder, for a minimum of seven years following
the closing of the construction contract.
III. TORT LIABILITY. Each party is responsible for its own acts and omissions and the results
thereof to the extent authorized by law and will not be responsible for the acts and omissions
of any others and the results thereof. The Minnesota Tort Claims Act, Minnesota Statutes
Section 3.736, governs Mn/DOT liability. Minnesota Statutes Chapter 466 governs City
liability.
IV. ASSIGNMENT. Neither party will assign or transfer any rights or obligations under this
agreement without prior written approval of the other party.
V.AMENDMENTS. Any amendments/supplements to this Agreement will be in writing and
executed by the same parties who executed the original agreement, or their successors in
office.
VI. AGREEMENT EFFECTIVE DATE. This agreement is effective upon execution by the
appropriate State officials pursuant to Minnesota Statutes Section 16C.05.
VII. CANCELLATION. This agreement may be canceled by the City or Mn/DOT at any time,
with or without cause, upon ninety (90) days written notice to the other party. Such
termination will not remove any unfulfilled financial obligations of the City as set forth in this
Agreement. In the event of such a cancellation the City will be entitled to reimbursement for
Mn/DOT-approved federally eligible expenses incurred for work satisfactorily performed on
the Project to the date of cancellation subject to the terms of this agreement.
(Mn/DOT Agreement No. 90473)
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for Approval 1-19-09.DOC 2/5/00 Page 8
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed intending to be bound thereby.
1.CITY
City certifies that the appropriate person(s)
have executed the contract on behalf of the City as required
by applicable articles, bylaws, resolutions or ordinances
By:__________________________________________
Title:_________________________________________
Date:_________________________________________
By:__________________________________________
Title:_________________________________________
Date:_________________________________________
2. DEPARTMENT OF TRANSPORTATION
By: _________________________________________
Title: Director, .
State Aid for Local Transportation
Date:___________________________________
3. COMMISSIONER OF ADMINISTRATION
By:____________________________________
Date:___________________________________
Changes made by Mayor Joe Flaherty, Clerk -Administrator Ericson, and Finance Director Mark Beer
PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1
CITY OF MOUNDS VIEW 2
RAMSEY COUNTY, MINNESOTA 3
4
Truth-in-Taxation Meeting 5
December 1, 2008 6
Mounds View City Hall 7
2401 Highway 10, Mounds View, MN 55112 8
6:00 P.M. 9
10
11
1. MEETING IS CALLED TO ORDER 12
13
2. PLEDGE OF ALLEGIANCE 14
15
3. ROLL CALL: Marty, Stigney, Hull, Flaherty, and Mueller 16
17
NOT PRESENT: None. 18
19
4. APPROVAL OF AGENDA 20
21
A. Monday, December 1, 2008 City Council Agenda 22
23
MOTION/SECOND: Flaherty/Hull. To Approve the Monday, December 1, 2008 City Council 24
Agenda as Presented. 25
26
Ayes – 4 Nays – 0 Motion carried. 27
28
Council Member Mueller was not present for this vote. 29
30
5. PUBLIC COMMENTS 31
32
None. 33
34
6. SPECIAL ORDER OF BUSINESS 35
36
None. 37
38
7. COUNCIL BUSINESS 39
40
A. Truth-in-Taxation Hearing 41
42
Finance Director Beer provided an overview of the City’s funds affected by the general tax levy. 43
Finance Director Beer gave a PowerPoint presentation outlining the General Fund for those in 44
attendance. 45
Mounds View City Council December 1, 2008
Truth-in-Taxation Meeting Page 2
1
Finance Director Beer noted that the projected State budget deficit could impact the City’s 2
budget in that local government aid may be cut for 2009. 3
4
Gary Shores of 5079 Eastwood Road said that he understands there will not be any increase on 5
the $100 per year for streets. He then asked if the City is going to work on the streets or wait 6
until it is in the levy. 7
8
Finance Director Beer indicated that the project is planned for 2009 and Council will be acting to 9
authorize plans and specifications at the December 22, 2008 meeting. 10
11
Jim Battin of Laport Drive asked about the assessed value of property because the value dropped 12
approximately 5% but he has heard that the actual decrease is 15 to 20%. He then asked if the 13
City has any input on valuation or if the County makes the determination. 14
15
Council explained that the County does set the valuation. 16
17
Finance Director Beer indicated that this hearing could be continued to December 8, 2008, if 18
needed. There will also be a public hearing at the next City Council meeting if there are any 19
residents who wish to speak on the budget or levy. 20
21
Council Member Mueller noted that she had arrived at 6:07 p.m. 22
23
6. Next Council Work Session: Monday, December 1, 2008, at 7:00 p.m. 24
Truth-in-Taxation Hearing: Monday, December 8, 2008 at 7:00 p.m. 25
26
7. ADJOURNMENT 27
28
The meeting was adjourned at 6:32 p.m. 29
30
Transcribed by: 31
32
33
34
Joan Lenzmeier, Recording Clerk 35
TimeSaver Off Site Secretarial, Inc. 36
Changes made by Mayor Flaherty, Clerk -Administrator Ericson, Community Development Director Roberts, and Assistant Clerk -Administrator Crane
PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1
CITY OF MOUNDS VIEW 2
RAMSEY COUNTY, MINNESOTA 3
4
Regular Meeting 5
December 22, 2008 6
Mounds View City Hall 7
2401 Highway 10, Mounds View, MN 55112 8
6:00 P.M. 9
10
11
1. MEETING IS CALLED TO ORDER 12
13
2. PLEDGE OF ALLEGIANCE 14
15
3. ROLL CALL: Marty, Stigney, Hull, Flaherty, and Mueller 16
17
NOT PRESENT: None. 18
19
4. APPROVAL OF AGENDA 20
21
A. Monday, December 22, 2008, City Council Agenda 22
23
MOTION/SECOND: Mueller/Flaherty. To Approve the Monday, December 22, 2008 Agenda 24
as Amended. 25
26
Ayes – 5 Nays – 0 Motion carried. 27
28
5. PUBLIC INPUT 29
30
None. 31
32
6. SPECIAL ORDER OF BUSINESS 33
A. Recognition of Pinewood Elementary as a School of Excellence, Principal Bill 34
Book and Staff 35
36
Principal Bill Book addressed the Council and explained the process of becoming validated as a 37
School of Excellence. 38
39
Sharon Pfiffner from Pinewood Elementary addressed the Council and provided information on 40
what it was that sets Pinewood Elementary out as a School of Excellence. 41
42
Mayor Marty congratulated the school on this achievement. 43
44
45
Mounds View City Council December 22, 2008
Regular Meeting Page 2
7. COUNCIL BUSINESS 1
2
A. Resolution 7380, Approving Salary Compensation Study and 2009 Pay Plan 3
4
Clerk Administrator Ericson recommended making adjustments as outlined but limit all increases 5
to 3%. He then said that he is aware of the loss of funding the City has received due to cuts in 6
local government aid. The proposal is to increase wages no more than 3% at this time. 7
8
Finance Director Beer indicated that limiting increases to 3% would save $41,000 in the budget 9
as he had budgeted enough to cover the recommended increases 10
11
Council Member Flaherty indicated that he is in favor of accepting the study but he is not in 12
favor of increasing wages 3% until funding is known for 2009. 13
14
Council Member Stigney asked if this 3% is on top of the COLA. Finance Director Beer 15
indicated that it would be. 16
17
Council Member Mueller indicated that certain positions within the City were evaluated for 18
salary and there is a recommendation to increase the wages that were lower than other 19
communities. Key staff have moved on to other communities to make more money for doing the 20
same job. She further said that the City paid for a consultant to look into this information and it 21
would be almost “criminal” to not take action on the information. 22
23
Council Member Mueller said that by not moving forward with a compensation package for these 24
employees they will be lost and the City will be training again. She then said that she is in favor 25
of moving forward with approval of the compensation study and approval of a 3% adjustment. 26
27
Council Member Hull agreed with Council Member Flaherty to a degree but he feels it is time to 28
move this forward. 29
30
Mayor Marty indicated that this study was done a couple of years ago and nothing was done. 31
There were some job duties that have been absorbed by other employees when the person left the 32
City and that was the reason there were issues assigning Hay points for these positions. 33
34
MOTION/SECOND: Marty/Mueller. To Waive the Reading and Approve Resolution 7380, 35
Approving Salary Compensation Study and 2009 Pay Plan as Amended to Limit the Increase to 36
2% Effective January 1, 2009. 37
38
Council Member Flaherty said that he does not want anyone to think that he feels the staff should 39
not be compensated because he does. His concern is that the City may need to “look for” up to 40
$750,000 if local government aid is cut for 2008/2009. 41
42
Council Member Mueller said that the budget can be cut in other ways than cutting it on the 43
backs of the people that work for the City. She then said that the Staff does a great job and a 2% 44
increase is only $15,000 and the City budgeted $63,000 and this needs to be done. 45
Mounds View City Council December 22, 2008
Regular Meeting Page 3
1
Council Member Stigney asked if $600,000 can easily be cut from the budget. Finance Director 2
Beer indicated that it would depend upon what the Council is willing to consider. 3
4
Council Member Stigney indicated that he does not agree with the comparable cities and he does 5
not support this at this time. 6
7
MOTION/SECOND: Stigney/Flaherty. To Postpone Until Further Information is Provided by 8
Staff on Budget Impacts From the State. 9
10
Council Member Flaherty said he would like to wait until he knows where the finances are to 11
consider any increases. 12
13
Mayor Marty noted the Council approved comparable cities and the City is not going to find a 14
mirror image of Mounds View, so the list was comparable. The employees have not been living 15
in a fish bowl and are aware of what is going on in the business community. He further said that 16
it has been 10 years or more since this was addressed. 17
18
Ayes – 1(Flaherty) Nays – 4 Motion failed. 19
20
Council Member Stigney said that he feels this is the wrong spreadsheet of cities because it is not 21
based on tax capacity nor is it based on other factors. This whole thing could be thrown off 22
because he feels the information is skewed anyway. He then said that he wishes that he was paid 23
some of these salaries as it seems they are doing fine to him. 24
25
Ayes – 3 Nays – 2(Flaherty/Stigney) Motion carried. 26
27
B. Resolution 7381, Approving the Findings of the Ardan Avenue Subdistrict 28
Drainage Analysis. 29
30
Mayor Marty indicated he needed to leave the meeting. He then thanked Joe Rhein for the 31
excellent reports and for the work that he has been able to accomplish. 32
33
Mayor Marty thanked residents for the opportunity to serve them. 34
35
Council Member Flaherty thanked Mayor Marty for the professionalism and fairness in his 36
dealings on behalf of the City. 37
38
Mayor Marty left the meeting. 39
40
Joe Rhein provided a report regarding the Ardan Avenue subdistrict drainage analysis. 41
42
MOTION/SECOND: Mueller/Hull. To Waive the Reading and Approve Resolution 7381, 43
Approving the Findings of the Ardan Avenue Subdistrict Drainage Analysis. 44
45
Mounds View City Council December 22, 2008
Regular Meeting Page 4
Ayes – 4 Nays – 0 Motion carried. 1
2
C. Resolution 7382, Approving the Plans and Specifications, Setting the Bid 3
Date, and Authorizing the Advertisement for the 2009-2010 Street and Utility 4
Improvement Project. 5
6
Joe Rhein provided information on the plans and specifications for the project. The bid came in 7
about 1% under the engineer’s estimate. 8
9
MOTION/SECOND: Flaherty/Mueller. To Waive the Reading and Approve Resolution 7382, 10
Approving the Plans and Specifications, Setting the Bid Date, and Authorizing the 11
Advertisement for the 2009-2010 Street and Utility Improvement Project as Amended. 12
13
Ayes – 4 Nays – 0 Motion carried. 14
15
D. 7:15 Public Hearings 16
17
1. Resolution 7387 - Code Violations Abatement – 8379 Red Oak Drive 18
(Moe) 19
20
Acting Mayor Stigney opened the public hearing. 21
22
Jeremiah Anderson provided information on the code violations at 8379 Red Oak Drive. 23
24
Sheldon Moe, representing the property owner, noted that they are doing clean up on the property 25
by giving things away and are attempting to clean up the property. 26
27
Mr. Moe asked that anyone who comes to the property from the City should speak to the property 28
owner as his brother is not the property owner. He then said that they have hauled out trailer 29
after trailer of debris but there is snow and cold to deal with now and they need an extension to 30
complete the work. 31
32
Hearing no further public comment, the public hearing was closed. 33
34
Council Member Mueller asked whether Staff felt it would be reasonable to grant an extension 35
due to the death in the family. 36
37
Mr. Anderson indicated that he feels it would be reasonable to allow some additional time but 38
noted he has not seen much change since he was out there December 15. 39
40
MOTION/SECOND: Mueller/Hull. To Postpone City Enforcement Action for 30 Days. 41
42
Ayes – 4 Nays – 0 Motion carried. 43
44
Mounds View City Council December 22, 2008
Regular Meeting Page 5
2. Resolution 7388 - Code Violations Abatement – 5055-57 Sunny Side 1
Road (Oberstar) 2
3
Acting Mayor Stigney opened the public hearing. Hearing no public comment, the public 4
hearing was closed. 5
6
Mr. Anderson indicated that both sides of the duplex are vacant and there is debris that needs to 7
be removed. 8
9
MOTION/SECOND: Flaherty/Mueller. To Waive the Reading and Approve Resolution 7388, 10
Code Violations Abatement – 5055 and 5057 Sunny Side Road (Oberstar). 11
12
Ayes – 4 Nays – 0 Motion carried. 13
14
3. Resolution 7389 - Code Violations Abatement – 2070 Terrace Drive (Higgins) 15
16
Mr. Anderson noted that this has been a continuous open case and there is still junk and debris in 17
the yard that need to be removed. 18
19
Acting Mayor Stigney opened the public hearing. Hearing no public comments, the public 20
hearing was closed. 21
22
MOTION/SECOND: Mueller/Hull. To Waive the Reading and Approve Resolution 7389, Code 23
Violations Abatement at 2070 Terrace Drive (Higgins). 24
25
Ayes – 4 Nays – 0 Motion carried. 26
27
E. Resolution 7383 Approving Members to Various City Commissions and 28
Committees. 29
30
Assistant City-Clerk Administrator Crane reviewed Resolution 7383 outlining the appointments 31
to Commissions and Committees for 2009. 32
33
Valerie Amundsen said that she would like to have new thoughts and new members on 34
commissions. 35
36
Brian Amundsen agreed and said that a fresh perspective could generate new ideas and he thinks 37
it is important to appoint new people to commissions. He then said that there are positions 38
available on the Charter Commission if anyone is interested. 39
40
MOTION/SECOND: Hull/Mueller. To Approve Resolution 7383 Approving Members to 41
Various City Commissions and Committees. 42
43
Mounds View City Council December 22, 2008
Regular Meeting Page 6
Council Member Mueller would like to appoint Virgil Beyer and Dale Federer for Police Civil 1
Service, and Nathan Bjerke to the Street and Utility Commission with terms expiring December 2
31, 2011. The Motioner agreed. 3
4
Ayes – 4 Nays – 0 Motion carried. 5
6
Clerk Administrator Ericson noted that the Committee/Commission appointment process will be 7
on the work session agenda for discussion. 8
9
F. Resolution 7384, Setting the 2009 City Council Meeting Dates, Staff Retreat 10
and 2009 Town Hall Meeting. 11
12
Assistant City Clerk-Administrator Crane noted that two legal holidays fall on meeting nights, 13
Memorial Day and Labor Day and Staff recommends moving those meetings to the Tuesday of 14
those weeks. 15
16
Council Member Flaherty indicated that he would like to cancel the retreat facilitator to save the 17
$3,000. Council agreed. 18
19
MOTION/SECOND: Mueller/Hull. To Eliminate the Outside Facilitator for the Retreat. 20
21
Ayes – 4 Nays – 0 Motion carried. 22
23
MOTION/SECOND: Mueller/Flaherty. To Waive the Reading and Approve Resolution 7384, 24
Setting the 2009 City Council Meeting Dates, Staff Retreat and 2009 Town Hall Meeting as 25
Amended to Include the Special City Council Meeting on January 5, 2009. 26
27
Ayes – 4 Nays – 0 Motion carried. 28
29
G. Resolution 7377, Approving an Agreement with the Greater Metropolitan 30
Housing Corporation (GMHC) for Housing Resource Center (HRC) 31
Services. 32
33
Suzanne Snyder from GMHC appeared before Council to answer questions and provide 34
information on how GMHC can assist residents of the City. 35
36
MOTION/SECOND: Mueller/Hull. To Waive the Reading and Approve Resolution 7377, 37
Approving an Agreement with the Greater Metropolitan Housing Corporation (GMHC) for 38
Housing Resource Center (HRC) Services. 39
40
Council Member Mueller asked that Staff request that a representative from GMHC come to the 41
Town Hall meeting. 42
43
Ayes – 4 Nays – 0 Motion carried. 44
45
Mounds View City Council December 22, 2008
Regular Meeting Page 7
H. Resolution 7392, a Resolution Approving a Two-Year Labor Contract with 1
LELS Local 234 (Mounds View Police Sergeants) Effective January 1, 2008. 2
3
Clerk Administrator Ericson noted that an agreement has been reached with the primary 4
provisions being wage increases of 3% and the insurance contribution the same as other 5
personnel. 6
7
MOTION/SECOND: Flaherty/Mueller. To Waive the Reading and Approve Resolution 7392, a 8
Resolution Approving a Two-Year Labor Contract with LELS Local 234 (Mounds View Police 9
Sergeants) Effective January 1, 2008. 10
11
Council Member Stigney said that it concerns him to pass a 3% additional at this time. 12
13
Ayes – 3 Nays – 1(Stigney) Motion carried. 14
15
8. CONSENT AGENDA 16
17
A. Licenses for Approval 18
B. Resolution 7385, Approving Therapeutic Massage License Renewals. 19
C. Resolution 7386 Approving a Lease Assignment for and with Creative Kids 20
Operating in the Mounds View Community Center 21
D. Schedule a Public Hearing for Monday, January 12, 2009 at 7:05pm for the 2008 22
Comprehensive Plan Update. 23
E. Resolution 7390, Accepting the Pinewood Storm Sewer Repair and Authorizing 24
Final Payment. 25
26
Council Member Flaherty requested that Item C be removed for discussion. 27
28
Council Member Mueller requested that Item E be removed for discussion. 29
30
MOTION/SECOND: Mueller/Hull. To Approve Consent Agenda Items A, B, and D. 31
32
Ayes – 4 Nays – 0 Motion carried. 33
34
C. Resolution 7386 Approving a Lease Assignment for and with Creative Kids 35
Operating in the Mounds View Community Center 36
37
Clerk Administrator Ericson noted that the owner of Creative Kids is selling the business to 38
another entity. This matter is necessary to transfer the lease to the new party. 39
40
Council Member Mueller asked whether a background check is done for the new owners. 41
42
Clerk Administrator Ericson indicated that the City does not but there is a state requirement that 43
a background check be conducted. 44
45
Mounds View City Council December 22, 2008
Regular Meeting Page 8
MOTION/SECOND: Flaherty/Hull. To Waive the Reading and Approve Resolution 7386, 1
Approving a Lease Assignment for and with Creative Kids Operating in the Mounds View 2
Community Center. 3
4
Ayes - 4 Nays – 0 Motion carried. 5
6
E. Resolution 7390, Accepting the Pinewood Storm Sewer Repair and 7
Authorizing Final Payment. 8
9
Council Member Mueller asked the consulting engineer whether all things are done according to 10
the contract specifications. Joe Rhein indicated that the contract requirements have been met. 11
12
MOTION/SECOND: Mueller/Hull. To Waive the Reading and Approve Resolution 7390, 13
Accepting the Pinewood Storm Sewer Repair and Authorizing Final Payment. 14
15
Ayes – 4 Nays – 0 Motion carried. 16
17
9. JUST AND CORRECT CLAIMS 18
19
Council Member Flaherty, on Page 9, rotating nozzle he feels that a new Vector for public works 20
is budgeted for public works and that will need to be reviewed. 21
22
Council Member Mueller, on Page 10, Minnesota Pollution Control conference, she is wondering 23
if this is a licensure requirement for Staff. Finance Director Beer indicated that was correct. 24
25
Council Member Mueller, on Page 12, water service repair, she would like to know if that was a 26
water line break due to cold weather. Finance Director Beer indicated that there was a repair 27
necessary but he is not sure of the specifics. 28
29
Council Member Flaherty, on Page 14, the invoice from Trane, he wanted to look at that and he 30
is wondering what the repair was for. The hot water coils required a pump, the isolation valve 31
was bad and filled the system and the charges seem appropriate. 32
33
MOTION/SECOND: Mueller/Hull. To Approve Just and Correct Claims as presented. 34
35
Ayes – 4 Nays – 0 Motion carried. 36
37
10. APPROVAL OF MINUTES 38
39
A. November 24, 2008 City Council Minutes 40
41
MOTION/SECOND: Flaherty/Mueller. To Approve the November 24, 2008 City Council 42
Minutes as Presented. 43
44
Mounds View City Council December 22, 2008
Regular Meeting Page 9
Community Development Director Roberts noted the time needed to be filled in and provided the 1
information as 12:30. 2
3
Ayes – 4 Nays – 0 Motion carried. 4
5
11. REPORTS 6
7
A. Reports of Mayor and Council 8
9
Council Member Flaherty noted that last Thursday evening he and Mr. Ericson attended the 10
North Metro Mayor’s organizational meeting for the new year. 11
12
Council Member Mueller thanked everyone for a productive year. She then thanked Mayor 13
Marty for his years of service to the community and said she is looking forward to working with 14
the new Mayor and Council in the coming year. 15
16
Acting Mayor Stigney commented that he hopes that balancing any loss of LGA is not going to 17
come out of the levy reduction fund. 18
19
B. Reports of Staff 20
21
1. Report from Bonestroo about Arden Hill’s Proposed I-35W & County 22
Road H Interchange Improvements 23
24
Joe Rhein provided an update for Council. 25
26
Council Member Hull indicated that he would like to join Shoreview and work together on not 27
having the County Road I interchange affected. 28
29
Council Member Mueller said that she likes having County Road I accessible to the freeway and 30
she would hate to have the interchange removed. 31
32
Staff will relay to Mn/DOT that the City is preliminarily opposed. 33
34
2. Report from Bonestroo about Traffic Counts on Red Oak Drive at Long 35
Lake Road 36
37
Joe Rhein noted that traffic counts were taken and then reviewed those counts with Council. 38
39
C. Reports of City Attorney 40
41
None. 42
43
Community Development Director Roberts provided an update on the branding survey that is 44
Mounds View City Council December 22, 2008
Regular Meeting Page 10
being done and the business retention survey. This matter will be discussed at an upcoming 1
worksession. 2
3
12. Next Council Work Session: Monday, January 5, 2009, at 7:00 p.m. 4
Next Council Meeting: Monday, January 5, 2009 at 6:00 p.m. (Special) 5
6
13. ADJOURNMENT 7
8
The meeting was adjourned at 9:43 p.m. 9
10
Transcribed by: 11
12
13
Joan Lenzmeier 14
TimeSaver Off Site Secretarial, Inc. 15
Changes made by Mayor Flaherty, Councilmember Hull, Clerk -Administrator Ericson, Community Development Directot Roberts, Assistant City Clerk -Administrator Crane
PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1
CITY OF MOUNDS VIEW 2
RAMSEY COUNTY, MINNESOTA 3
4
Special Meeting 5
January 5, 2009 6
Mounds View City Hall 7
2401 Highway 10, Mounds View, MN 55112 8
6:01 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
21
A. Monday, January 5, 2009 City Council Agenda 22
23
MOTION/SECOND: Mueller/Hull. To Approve the Monday, January 5, 2009 agenda as 24
presented. 25
26
Ayes – 5 Nays – 0 Motion carried. 27
28
5. PUBLIC INPUT 29
30
Mike Read, 2208 Lois Drive, stated he has lived in Mounds View for 20 years, is concerned that 31
crime has increased, and asked what proactive input the Council will give the Police Department 32
to curtail the increase in crime. 33
34
Mayor Flaherty stated the Police Chief is well aware of the crime levels in Mounds View. 35
However, the City has a limited number of police officers so the City asks all residents to be the 36
“eyes and ears” of Mounds View and they should call 911 if residents see something suspicious. 37
38
Mr. Read asked what can be done proactively to get more officers or equipment. Mayor Flaherty 39
advised that in the past four years, the Council has not been afraid to spend money on the Police 40
Department if they need additional vehicles, scanners, or other equipment. He commented on the 41
importance of setting up Neighborhood Watch Groups, advising that one was formed due to 42
recent burglaries and since then, there had been no more burglaries in that area. 43
44
Mounds View City Council January 5, 2009
Special Meeting Page 2
David Jahnke, 8428 Eastwood Road, congratulated the Council and its new members and wished 1
them well. He stated he had lived in Mounds View for 40 years so he knows what has happened 2
in the City from dirt roads, to sewer installation, to now. He stated there had been some “good 3
battles” back then and a few now but Mounds View has always been a good place to live and he 4
hoped it would stay that way. 5
6
Len Gustafson, 5126 Greenwood Drive, stated when completing the community survey in 7
October, he had included a note offering to provide additional comment and received that 8
telephone call tonight. Mr. Gustafson stated he has questions about projects undertaken in the 9
last three years and whether Mounds View is getting its money’s worth. He asked about the 10
Random Park building moved from the golf course, the County Road 10 sidewalk, and the park 11
on the corner of Woodcrest and Silver Lake Road that he believes is not often used, perhaps 12
because the play set is located by the swamp. 13
14
Mayor Flaherty stated the Random Park building was to be replaced in 2009 and the City saw an 15
opportunity when the golf course property was sold to move the building to Random Park instead 16
of constructing a new building at a cost of $500,000. He stated staff can provide Mr. Gustafson 17
with information on the number of times the Random Park building is booked. 18
19
Mayor Flaherty stated the City’s trail system was inadequate so people walked and children 20
bicycled along County Road 10. The City found that to be a safety issue because of the high 21
speed of traffic so the sidewalk was installed and it is used often. 22
23
With regard to Woodcrest Park, Mayor Flaherty explained the play set had been located closer to 24
Silver Lake Road until a wetland pond was created. At that point, the play set was moved farther 25
back and cannot be seen during summer months because of the willows and tall grass. Mayor 26
Flaherty advised that this had been an item of discussion, to keep that vegetation cut back, and 27
the Park & Recreation Department is aware that something needs to be done about the location of 28
the play set. He stated he does not know how much Woodcrest Park is currently being used. 29
30
Mayor Flaherty stated he thinks the City is getting its money’s worth from these projects, based 31
on resident’s safety and need, and considering the cost for new construction, the Random Park 32
building was also a good deal. 33
34
6. SPECIAL ORDER OF BUSINESS 35
36
A. Oath of Office for Mayor Joe Flaherty. 37
38
Clerk Administrator Ericson administered the oath of office to Joe Flaherty for the office of 39
Mayor. 40
41
B. Oath of Office for Councilmember Roger Stigney. 42
43
Clerk Administrator Ericson administered the oath of office to Roger Stigney for the office of 44
Councilmember. 45
Mounds View City Council January 5, 2009
Special Meeting Page 3
1
C. Oath of Office for Sherry Gunn. 2
3
Clerk Administrator Ericson administered the oath of office to Sherry Gunn for the office of 4
Councilmember. 5
6
Mayor Flaherty declared a recess at 6:21 p.m. to hold a short reception. The meeting was 7
reconvened at 6:41 p.m. 8
9
7. COUNCIL BUSINESS 10
11
A. 6:05 p.m. Public Hearing, Resolution 7395, a Resolution to suspend or revoke 12
a Therapeutic Massage License for Xiu Ju Li (doing business as Jian Kang 13
Massage) located at 2552 Highway 10 in Mounds View. 14
15
Assistant City Clerk-Administrator Crane advised the City Council that on December 29, 2008, 16
Xiu Ju Li and Chun Wang were arrested for allegedly promoting prostitution and labor 17
trafficking, two felony counts. Upon getting the notification, Staff immediately contacted the 18
City Attorney to assist in the suspension or revocation process of the therapeutic massage license. 19
The City Attorney and staff believe there is enough information to proceed to either suspend or 20
revoke this license because of the arrest, there may have been other unlicensed therapists, and the 21
business was closing at 10:00 p.m., one hour later than allowed by the license. Assistant Clerk-22
Administrator Crane stated the Council can either suspend the license indefinitely until 23
conviction is made, which may take months or years to occur, or revoke the license. 24
25
Police Chief Sommer stated in November they became aware of concerns that the therapist was 26
possibly engaging in sexual activity with clients as part of the massage, which was confirmed 27
through an undercover investigation by the Police Department. He advised that Chun Wang, 52 28
years of age, was arrested and it was found he also had felony warrants in Nevada. Xiu Ju Li, 43 29
years of age, was charged with felony prostitution and kidnapped or labor trafficking. These 30
charges are still under investigation and the evidence supported the probable cause arrests and 31
two search warrants that were conducted as part of the investigation. 32
33
Mayor Flaherty opened the public hearing at 6:45 p.m. 34
35
Katie Viere, Property Manager for Kraus Anderson Realty Company, noted the business owner 36
has not yet been convicted. Ms. Viere stated they do not want illegal activity occurring on their 37
property but do want to understand where they stand and what direction they can take. She 38
advised the City Council that this tenant is current on their rent. 39
40
Police Chief Sommer clarified that the owner and associate have been arrested on very serious 41
charges. He stated it would be in the best interest of the property management company to not be 42
associated or attached to that business. Police Chief Sommer stated this public hearing can put 43
the property management company on notice that there have been arrests for very serious charges 44
for activity occurring in that building. 45
Mounds View City Council January 5, 2009
Special Meeting Page 4
1
Council Member Mueller asked when the two search warrants and property raid were conducted. 2
3
Police Chief Sommer answered it occurred on December 29, 2008, one remains in jail, and one 4
was released pending charges. 5
6
Council Member Gunn asked if they are operating their business now. 7
8
Ms. Viere stated they were operating on Friday and were not open to the public today but people 9
were going to and from the site. She stated she had not been able to reach the business operators 10
so she does not know their intentions. 11
12
Mayor Flaherty explained that as of December 30, they were notified their license would be 13
reviewed tonight and they could provide comment. He stated there are serious allegations at this 14
time and the City Attorney has indicated there are enough grounds to consider revocation or 15
suspension of the therapeutic massage license. Mayor Flaherty stated the City will work with the 16
management company and suggested Ms. Viere contact City staff. 17
18
Council Member Mueller referenced the letter that was hand delivered to the owner of the 19
business on December 30, 2008 indicating: “you are not to operate a therapeutic business in 20
Mounds View until a public hearing takes place and determination has been made on your 21
license eligibility by the City Council.” She noted if they were doing business on Friday, January 22
2, it was a flagrant disregard of this order. 23
24
Mayor Flaherty closed the public hearing at 6:51 p.m. 25
26
Council Member Gunn stated that as much as the City wants business, and considering the 27
amount of work that went into meeting City Code for this business, she still supports revocation 28
of the license based on the type and number of violations. 29
30
MOTION/SECOND: Mueller/Gunn. To Approve Resolution 7395, a Resolution Revoking a 31
Therapeutic Massage License for Xiu Ju Li, Doing Business as Jian Kang Massage, located at 32
2552 Highway 10 in Mounds View. 33
34
Assistant City Clerk-Administrator Crane read the resolution in full. 35
36
Ayes – 5 Nays – 0 Motion carried. 37
38
Assistant City Clerk-Administrator Crane advised that the Council will discuss the therapeutic 39
massage license ordinance issue at the February 1, 2009 Work Session to assure it contains 40
adequate provisions for enforcement. 41
42
B. Resolution 7396, Selection of the Official Newspaper, Acting Mayor, 43
Treasurer and Official Depositories for 2009. 44
45
Mounds View City Council January 5, 2009
Special Meeting Page 5
Assistant Clerk-Administrator Crane presented the draft resolution that included designation of 1
the official newspaper, noting The Bulletin and Sun Focus had both submitted quotes but the 2
Council had expressed interest in selecting the Sun Focus. She advised that the St. Paul Pioneer 3
Press, which had been the City’s secondary newspaper, did not submit a quote this year. 4
However, it can be left as a secondary newspaper. Assistant Clerk-Administrator Crane noted 5
the draft resolution also designates the Acting Mayor and selection of the Treasurer and Official 6
Depositories for 2009. 7
8
Mayor Flaherty asked for volunteers for Acting Mayor. Hearing none, he noted that Council 9
Member Stigney has been Acting Mayor in the past and does a good job. The Council agreed. 10
11
MOTION/SECOND: Gunn/Mueller. To Waive the Reading and Approve Resolution 7396, 12
Appointing Official Newspaper, Councilmember Stigney as Acting Mayor, Official Depository 13
and Treasurer for the Year 2009. 14
15
Council Member Stigney noted the official newspaper would be changed to the Sun Focus. 16
17
Council Member Mueller stated her support for this change by pointing out that the cutoff with 18
The Bulletin is the Friday before the meeting date so it cannot include any information from the 19
Council’s Monday night. The cutoff for the Sun Focus is the Thursday following the Monday 20
Council meeting so it can include such information. Also, she believed the Editor of the Sun 21
Focus had done a good job in thoroughly covering community events, conducting interviews, and 22
supporting community events with photos and articles. 23
24
Ayes – 5 Nays – 0 Motion carried. 25
26
C. Resolution 7397, Appointing City Council Members and City Staff as 27
Representatives for City Commissions and Other Organizations. 28
29
Assistant Clerk-Administrator Crane stated the draft resolution makes appointments to 30
Commissions and other organizations. 31
32
The Council indicated organizations on which they would volunteer to serve. 33
34
MOTION/SECOND: Mueller/Hull. To Approve Resolution 7397, Appointing City Council 35
Members and City Staff as Representatives for City Commissions and Other Organizations, 36
including the following appointments: 37
38
Ramsey County League of Local Government Council Member Mueller 39
Human Resources Committee Council Member Mueller 40
Human Resources Committee Council Member Stigney 41
Spring Lake Park/Blaine/Mounds 42
View Fireman’s Relief Association Council Member Stigney 43
YMCA Advisory Committee Council Member Hull 44
YMCA Advisory Committee Council Member Gunn 45
Mounds View City Council January 5, 2009
Special Meeting Page 6
Northwest Youth Family Services Council Member Hull 1
Northwest Youth Family Services (Alternate) Mayor Flaherty 2
I-35W Corridor Council Member Gunn 3
I-35W Corridor (Alternate) Mayor Flaherty 4
5
Council Member Mueller read the resolution in full. 6
7
Ayes – 5 Nays – 0 Motion carried. 8
9
8. Next Council Work Session: Immediately following this meeting. 10
Next Council Meeting: Monday, January 12, 2009, at 7:00 p.m. 11
12
9. ADJOURNMENT 13
14
The meeting was adjourned at 7:07 p.m. to Work Session. 15
16
Transcribed by: 17
18
Carla Wirth 19
TimeSaver Off Site Secretarial, Inc. 20
345718v2 SJR MU125-11
Kennedy 470 US Bank Plaza
200 South Sixth Street
Minneapolis MN 55402
&
Graven (612) 337-9300 telephone
(612) 337-9310 fax
http://www.kennedy-graven.com
C H A R T E R E D
SCOTT J. RIGGS
Attorney at Law
Direct Dial (612) 337-9260
Email: sriggs@kennedy-graven.com
MEMORANDUM
Date: January 22, 2009
To: Jim Ericson, City Clerk-Administrator
From: Scott J. Riggs, City Attorney
Re: Mounds View Project Status Report
MU125-11: Administration. General discussions with staff regarding various City matters,
etc.
MU125-65: Licensing Issues. Review and work on draft update City Code regarding
therapeutic massage regulations. Matter is presently pending.
MU210-4: Charter Commission. Review proposed Charter amendments and Charter-related
issues. Consult with City staff. Matter is presently pending.
MU210-26: Mermaid Matter. Work on project changes and review revised plat. Consult with
City staff. Matter is presently pending.
MU210-43: Silver Lake Woods Condominium Association. Work with City staff and City
engineer to determine requirements that SLWCA needs to undertake regarding
roads. Work with attorney Pat Brinkman regarding matter. Revise Silver Lake
Woods Street Transfer Agreement and draft Amendment to Agreement;
correspond with Pat Brinkman regarding same. Draft infiltration easement.
Matter is presenting pending.
Mr. Jim Ericson
January 22, 2009
Page 2
345718v2 SJR MU125-11
MU210-111: General Personnel Matters. Consult with City staff regarding employment-related
budget issues. Matter is presently pending.
MU210-163: Xcel Easement, Etc. Consult with City staff regarding matter. Review easement
received from Xcel and advise City staff regarding same. Matter is presently
pending.
MU210-166: Billboards. Consult with City staff regarding sign code and billboard
amendments. Matter is presently pending.
MU210-178: 2008 Trail Easements Project. Work on MnDOT/Mounds View Agreement for
this Project. Consult with City staff and MnDOT personnel regarding necessary
revisions to the Agreement and finalize Agreement. Matter is presently pending.
MU210-179: 2009-2010 Street Improvement Project. Consult with City staff regarding
contract project. Matter is presently pending.
MU210-180: 2008 Personnal Issue. Review correspondence. Consult with City staff regarding
matter. Contact attorney regarding potential employment issue. Matter is
presently pending.
MU210-182: Silver Lake Road and County Road H. Consult with City staff regarding project
agreement and construction issues. Matter is presently pending.