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HomeMy WebLinkAboutAgenda Packets - 2009/03/23CITY OF MOUNDS VIEW CITY COUNCIL MEETING AGENDA MOUNDS VIEW CITY HALL Monday, March 23, 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 7. COUNCIL BUSINESS A. First Reading of Ordinance 818 - Code Amendment for Chapter 1106 (Conditional Use Permits for Dynamic Display Signs) B. Second Reading of Ordinance 817, an Ordinance Amending Title 500 of the Mounds View City Code about Therapeutic Massage. (ROLL CALL VOTE) C. Resolution 7426, Approving The Mermaid 2nd Addition Final Plat D. Resolution 7427, Approving a Longevity Increase for Investigator Kirk Leitch of the Mounds View Police Department. E. Schedule an Executive Session of the Council Immediately Following the Conclusion of the Regular Council Meeting to Conduct an Evaluation of an Individual Subject to the Council’s Authority 8. CONSENT AGENDA A. Licenses for Approval B. Standard Operating Guidelines – Administrative Hearing Process C. Resolution 7424 Approving Tree Removal Contracts for the 2009 D. Resolution 7425 Approving Fourteenth Rider to the Agreement with the St. Paul Board of Water Commissioners. E. Schedule a Public Hearing for Monday, April 13, 2009, at 7:05pm, for a First Reading of Ordinance 819, an Ordinance to Approve an Amendment to Chapter 7, Section 7.03, of the City Charter Relating to Taxation and Finances. 9. JUST AND CORRECT CLAIMS 10. APPROVAL OF MINUTES A. February 23, 2009, City Council Meeting. 11. REPORTS A. Reports of Mayor and Council B. Reports of Staff C. Reports of City Attorney 12. Next Council Work Session: Monday, April 6, 2009, at 6:00 p.m. Next Council Meeting: Monday, April 13, 2009, at 7:00 p.m. 13. Motion Needed to Recess to Executive Session to Conduct an Evaluation of an Individual Subject to the Council’s Authority. (Council will adjourn meeting from Executive Session.) CITY OF MOUNDS VIEW CITY COUNCIL MEETING AGENDA MOUNDS VIEW CITY HALL Monday, March 23, 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 7. COUNCIL BUSINESS A. First Reading of Ordinance 818 - Code Amendment for Chapter 1106 (Conditional Use Permits for Dynamic Display Signs) B. Second Reading of Ordinance 817, an Ordinance Amending Title 500 of the Mounds View City Code about Therapeutic Massage. (ROLL CALL VOTE) C. Resolution 7426, Approving The Mermaid 2nd Addition Final Plat D. Resolution 7427, Approving a Longevity Increase for Investigator Kirk Leitch of the Mounds View Police Department. E. Schedule an Executive Session of the Council Immediately Following the Conclusion of the Regular Council Meeting to Conduct an Evaluation of an Individual Subject to the Council’s Authority 8. CONSENT AGENDA A. Licenses for Approval B. Standard Operating Guidelines – Administrative Hearing Process C. Resolution 7424 Approving Tree Removal Contracts for the 2009 D. Resolution 7425 Approving Fourteenth Rider to the Agreement with the St. Paul Board of Water Commissioners. E. Schedule a Public Hearing for Monday, April 13, 2009, at 7:05pm, for a First Reading of Ordinance 819, an Ordinance to Approve an Amendment to Chapter 7, Section 7.03, of the City Charter Relating to Taxation and Finances. 9. JUST AND CORRECT CLAIMS 10. APPROVAL OF MINUTES A. February 23, 2009, City Council Meeting. City Council Meeting Monday, March 23, 2009 Page 2 11. REPORTS A. Reports of Mayor and Council B. Reports of Staff C. Reports of City Attorney 12. Next Council Work Session: Monday, April 6, 2009, at 6:00 p.m. Next Council Meeting: Monday, April 13, 2009, at 7:00 p.m. 13. Motion Needed to Recess to Executive Session to Conduct an Evaluation of an Individual Subject to the Council’s Authority. (Council will adjourn meeting from Executive Session.) Item Number: 07B Meeting Date: March 23, 2009 Type of Business: CB Administrator Review: _____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Assistant City Clerk-Administrator Item Title/Subject: Second Reading of Ordinance 817, an Ordinance Amending Title 500 of the Mounds View City Code Pertaining to Therapeutic Massage. Background Due to the license revocation of the Jian Kang Massage business on January 5, 2009, Staff asked the City Attorney to review the City Code pertaining to therapeutic massage therapy. Specifically, Staff asked the City Attorney to review the eligibility and suspension/revocation requirements to ensure there are enough parameters in the code for compliance. The City Attorney proposed some language changes in the Therapeutic Massage Code, and these changes were discussed at the February 2, 2009, Work Session, and at the first reading of this ordinance on February 23, 2009. Discussion Attached is Ordinance 817, drafted by the City Attorney, which revises sections of the Code. Many of the revisions are minor, but the main revision pertains to persons ineligible to hold this type of license. The new language would require the business owner to continually be of good moral character. The old language would only require this when the licensed was issued. The business owner would be required to continually be eligible for a Therapeutic Massage License. During the first reading of this ordinance on February 23, 2009, the City Council requested the City Attorney to revise language to require that the applicant to prove to the City that training has been completed at a recognized school of massage therapy. In addition to this requirement, the applicant will now be required to have completed 400 hours of massage training, and be eligible to work in the United States. Attached is the revised Ordinance 817. The City Attorney will be present at this meeting to answer any questions you may have about the changes. Recommendation Please review and adopt the Ordinance 817. This is a Roll Call Vote. An Ordinance Summary will be published in the City’s official newspaper. Respectfully submitted, Desaree Crane ORDINANCE SUMMARY ORDINANCE NO. 817 CITY OF MOUNDS VIEW RAMSEY COUNTY STATE OF MINNESOTA AN ORDINANCE AMENDING TITLE 500, OF THE MOUNDS VIEW CITY CODE REGARDING THERAPEUTIC MASSAGE On March 23, 2009, the Mounds View City Council adopted an ordinance that amends Title 500 of the Mounds View City Code regarding Therapeutic Massage. The ordinance is on file and available for public viewing at the office of the Clerk- Administrator. This ordinance amends the Therapeutic Massage Code in regard to eligibility requirements of receiving and maintaining a Therapeutic Massage License with the City. The ordinance is posted in its entirety on the City’s website, located at www.ci.mounds-view.mn.us James Ericson Clerk-Administrator ORDINANCE NO. 817 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING TITLE 500, OF THE MOUNDS VIEW CITY CODE REGARDING THERAPEUTIC MASSAGE SECTION 1. The City Council of the City of Mounds View hereby amends Title 500, Section 514.02 of the Mounds View Municipal Code by adding the underlined material and deleting the stricken material as follows: 514.02 DEFINITIONS: The terms defined in this Section have the meanings given them. Subd. 1. “Clean” means the absence of dirt, grease, rubbish, garbage and other offensive, unsightly or extraneous matter. Subd. 2. “In good repair” means free of corrosion, breaks, cracks, chips, pitting, excessive wear and tear, leaks, obstructions and similar defects. Subd. 3. “Massage” means the rubbing, stroking, kneading, tapping or rolling of the body of another person with the hands for the purpose of physical fitness, health-care referral, relaxation and for no other purpose. Subd. 4. “Operate” means to own, manage or conduct, or to have control, charge or custody over. Subd. 5. “Recognized school” means any school or institution of learning which has for its purpose the teaching of the theory, method, profession or work of a massage therapist that requires a resident course of study that requires not less than 70 hours before the student is issued a diploma or certificate of graduation. If the school or institution is located in the United States, it must have current membership in good standing in the American Massage and Therapy Association or other recognized professional massage organization. If the school or learning institution is located outside of the United States, the applicant must provide the City with decipherable documentation that shows that he or she attended a school or learning institution that is equivalent to attending a school or learning institution in the United States in both its course of study and diploma or graduation requirements. Schools offering a correspondence course not requiring actual physical attendance of class shall not be deemed a recognized school. Subd. 5. Subd. 6. “Therapeutic massage enterprise” means a place of business providing massage services to the public for consideration: the term does not include a hospital, sanitarium, rest home, nursing home, boarding home or other institution for the hospitalization or care of other human beings duly licensed under the provisions of Minnesota Statutes, sections 144.50 through 144.69. Subd. 6. Subd. 7. “Therapeutic massage therapist” means a person who practices or administers massage to the public for consideration. Subd. 7. Subd. 8. “In the City” means physical presence as well as telephone referrals such as phone-a-massage operations in which the business premises, although not physically located within the City, serves as a point of assignment of employees who respond to requests for services in the City. SECTION 2. The City Council of the City of Mounds View hereby amends Title 500, Section 514.06 of the Mounds View Municipal Code by adding the underlined material and deleting the stricken material as follows: 514.06: LICENSE APPLICATION: Subd. 1. Therapeutic Massage Enterprise: The application for a therapeutic massage enterprise license must contain the following information: a. For all applicants: (1) Whether the applicant is an individual, corporation, partnership or other form of organization; (2) The legal description of the premises to be licensed together with a plan of the area showing dimensions, location of buildings, street access and parking facilities; (3) The floor number, street number and rooms where the massage services are to be conducted; (4) Whether all real estate and personal property taxes that are due and payable for the premises to be licensed have been paid, and if not, the years and amounts that are unpaid; (5) If the application is for premises either planned or under construction or undergoing substantial alteration, the application must be accompanied by preliminary plans showing the design of the proposed premises; if the plans for design are on file with the building inspector, no plans need be submitted; (6) The name and street address of the business if it is to be conducted under a designation, name or style other than the name of the applicant, and a certified copy of the certificate required by Minnesota Statutes, section 333.02; (7) Other information that the City Council may require. b. For applicants who are individuals: (1) The name and date of birth and of the applicant and the applicant’s residence address; (2) If the applicant has ever used or been known by a name other than the applicant’s name, and if so, the name or means and information concerning the dates and places where used; (3) Residence addresses of the applicant during five (5) years preceding the date of application; (4) The type, name and location of every business or occupation the applicant has been engaged in during the preceding five (5) years; (5) Names and addresses of the applicant’s employers for the preceding five (5) years; (6) If the applicant has ever been convicted of a felony, crime or violation of an ordinance other than a minor traffic offense; if so, the applicant must furnish information as to the time, place and offense involved in the convictions; (7) If the applicant has ever been engaged in the operation of massage services; if so, the applicant must furnish information as to the name, place and length of time of involvement in such activity. c. For applicants that are partnerships: (1) The names and addresses of general and limited partners and the information concerning each general partner described in subdivision 1b of this Section; (2) The managing partners must be designated, and the interest of each general and limited partner in the business must be disclosed; (3) A true copy of the partnership agreement must be submitted with the application, and if the partnership is required to file a certificate as to a trade name under Minnesota Statutes, section 333.02, a certified copy of that certificate must be submitted. The license if issued will be in the name of the partnership. d. For applicants that are corporations: (1) The name of the organization, and if incorporated, the state of incorporation; (2) A true copy of the certificate of incorporation, and, if a foreign corporation, a certificate of authority as described in Minnesota Statutes, section 303.02; (3) The name of the general manager, corporate officers, proprietor, and other person in charge of the premises to be licensed, and the information about those persons described in subdivision 1b; (4) A list of the persons who own or have a controlling interest in the corporation or who are officers of the corporation or organization, together with their addresses and the information regarding such persons described in subdivision 1b of this Section. Subd. 2. Therapeutic massage therapist: An application for a therapeutic massage therapist license must contain the following information: a. The applicant’s name and address; b. The applicant’s current employer; c. The applicant’s employers for the previous five (5) years, including employer’s name, address and dates of employment; d. The applicant’s residence address for the previous five (5) years; e. The applicant’s social security number, date of birth, home telephone number, weight, height, color of eyes and color of hair; f. If the applicant has ever been convicted of a felony, crime or violation of an ordinance other than a minor traffic offense and, if so, the time, place and offense involved in the convictions; g. If the applicant has ever used or been known by a name other than the applicant’s name, and if so, the name or names and information concerning dates and places where used; h. Evidence that the applicant: (1) Has legal work status in the United States; (2) Has a diploma or certificate of graduation from a recognized school; (1)(3) Has current insurance coverage with liability limits of at least over one million dollars ($1,000,000.00) for professional liability in the practice of massage; (2)(4) Is affiliated with, employed by or owns a therapeutic massage enterprise licensed by the City; (3)(5) Has completed at least four hundred (400) hours of certified therapeutic massage training as part of earning a diploma or certificate from a recognized school that has been approved by the Clerk-Administrator; (4) (6) Has at least one (1) year of experience practicing massage therapy as established by an affidavit and can document within two (2) years of obtaining the license that the person has completed four hundred (400) hours or certified therapeutic massage training from a recognized school; if such documentation cannot be established at the time of license renewal, the license will not be renewed and the person who received the license based upon experience may not receive a license in the future unless the person has the requisite certified hours. i. Other information that the City Council may require. SECTION 3. The City Council of the City of Mounds View hereby amends Title 500, Section 514.09 of the Mounds View Municipal Code by adding the underlined material and deleting the stricken material as follows: 514.09: PERSONS INELGIBLE FOR TO HOLD A LICENSE: Subd. 1. Therapeutic Massage Enterprise License: A therapeutic massage enterprise license may not be issued to or held by an individual who: a. Is a minor at the time the application is filed; b. Has been convicted of any crime directly related to the occupation licensed as prescribed by set forth in Minnesota Statutes, sSection 364.03, subdivision 2, and who has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties and responsibilities of a licensee as prescribed by Minnesota Statutes, sSection 364.03, subdivision 3; c. Is not of good moral character or repute; d. Is not the real party in interest of the enterprise; e. Has misrepresented or falsified information on the license application. Subd. 2. Therapeutic Massage Therapist License: A therapeutic massage therapist license may not be issued to or held by a person who could not qualify for a therapeutic massage enterprise license or who is not (i) affiliated with, (ii) employed by or (iii) does not hold, a therapeutic massage enterprise license. SECTION 4. The City Council of the City of Mounds View hereby amends Title 500, Section 514.13 of the Mounds View Municipal Code by adding the underlined material and deleting the stricken material as follows: 514.13: LICENSE TERM; RENEWALS: Licenses expire annually on December 31. The license fee will be prorated in thirty (30) day increments for licenses issued after June 30. The Clerk-Administrator must prepare an application form for the renewal of a license requiring information that the manager he or she determines necessary for consideration of the renewal. The renewal application must be made no later than November 30. SECTION 5. The City Council of the City of Mounds View hereby amends Title 500, Section 514.14 of the Mounds View Municipal Code by adding the underlined material and deleting the stricken material as follows: 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 directly related to the therapeutic massage occupation unless competent evidence can be shown of sufficient rehabilitation and present fitness to perform the duties of the occupation as set forth in Minnesota Statutes Section 364.03 or any fraud, misrepresentations or incorrect statement in the license application or in the course of operating or conducting business. SECTION 6. This ordinance shall take effect and be in force 30 days from and after its passage and publication, in accordance with Section 3.09 of the City Charter. Introduction and First Reading by the Mounds View City Council on February 23, 2009. Second Reading and Adoption by the Mounds View City Council on March 23, 2009. Publication Date: April 2, 2009. Joe Flaherty, Mayor ATTEST: ______________________________ James Ericson, Clerk-Administrator (seal) Item No: 07D Meeting Date: March 23, 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: Resolution 7427 Approving a Longevity Increases for Investigator Kirk Leitch of the Mounds View Police Department Background: Investigator Kirk Leitch is a current employee with the City of Mounds View. His supervisor, Deputy Chief Tom Kinney, has reviewed his performance as it relates to his responsibilities outlined in the job description. Discussion: It was determined that Investigator Kirk Leitch has satisfactorily performed in the capacity of his position, and therefore, a longevity wage adjustment is consistent with the Police Officer Labor Agreement. Respectfully Submitted, Desaree Crane RESOLUTION 7427 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING LONGEVITY ADJUSTMENT WHEREAS, the following below is a regular full-time employee who is currently working for the City of Mounds View; and WHEREAS, his supervisor reviewed his performance as it relates to the responsibilities outlined in the job description; and WHEREAS, his supervisor determined that the following employee below has satisfactorily performed in the capacity of his position documented in his performance reviews on file. WHEREAS, a longevity wage adjustment is consistent with the Mounds View Labor Agreement. NOW, THEREFORE BE IT RESOLVED that the Mounds View City Council does hereby approve a wage adjustment to the following indicated in the chart below. NAME CURRENT POSITION DATE OF EMPLOYMENT/CURRENT POSITION CURRENT STEP & WAGE STEP & WAGE ADJUSTMENT EFFECTIVE DATE OF ADJUSTMENT Investigator Kirk Leitch Police Officer - Investigator April 7, 2001 Longevity (3%) $34.49/hr Longevity (5%) $35.16/hr April 7, 2009 Adopted this 23rd day of March, 2009. __________________________________ Joe Flaherty, Mayor ATTEST: __________________________________ James Ericson, Clerk-Administrator (seal) Item No: 08A Meeting Date: March 23, 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 license for approval. This contractor license will expire on December 31, 2009. Applicant has submitted appropriate fees and proof of insurance. This license application is considered “new” because they were not licensed in 2008. They have been licensed with Mounds View, however, in previous years. Superior Heating, A/C & Electric HVAC New Staff Recommendation: Approve license application as requested. Item No. 8C Meeting Date: March 23, 2009 Type of Business: Consent City Administrator Review _______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Tracy Juell, Administrative Assistant Item Title/Subject: Resolution 7424 Approving the Contract Associated with the 2009 Tree Removal Program Background: Annually, quotes are received for forestry-related work; this work includes tree removal and tree trimming and is done as part of the Joint Powers Agreement the City of Mounds View has with the City of New Brighton. These services are also included in the 2009 Budget. For tree removal, in order to receive the most favorable quotes as possible, quotes are based on two operational scenarios: one whereby vehicle and equipment access is available to the site where the trees to be removed are located; the other for cases where access with vehicles is not possible. Discussion: Tree Removal Quotes – No Access Tree removal quotes were received for the 2009 season. For quotes associated with no vehicle access, the quotes were further broken down into two categories: tree trunk diameters less than 28.5 inches and diameters greater than 28.5 inches. There were four companies that submitted tree removal quotes for trees with no vehicle access. The results are as follows: Company Cost/Inch; < 28.5” Cost/ Inch; >28.5” Minnesota Tree Surgeons $24.24 $34.24 4 Seasons Tree Care $23.90 $33.90 Upper Cut Tree Service $23.00 $33.50 S & S Tree Specialists $35.00 $40.00 The low quote was submitted by Upper Cut Tree Service for the trees up to 28.5 inches in diameter and for larger trees with a diameter greater than 28.5 inches. This company has held municipal contract’s in the past with good results and possess the equipment and ability to successfully remove diseased trees from back yards and park areas in Mounds View. The City Forester recommends entering into contract with this firm at their respective low bid. 2009 Tree Removal Contract March 23, 2009 Page 2 Tree Removal Quotes – With Access Front yard and boulevard (“accessible”) trees were removed in 2006, 2007, and 2008 at $15.00 per diameter inch by 4 Seasons Tree Care. This would be an advantageous rate for the bulk of the City’s tree removals are mainly park, boulevard and front yard trees. 4 Seasons Tree Care has again agreed to renew their contract for 2009 with no increase in their unit prices. The City Forester highly recommends renewal of this contract. Recommendation: Staff recommends that the City Council approve awarding a contract to Upper Cut Tree Service for trees smaller and larger than 28.5 inches in diameter. Staff also recommends renewing the current contract the City has with 4 Seasons Tree Care for the removal of trees with vehicle access. Respectfully Submitted, Tracy Juell, Administrative Assistant RESOLUTION 7424 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING THE CONTRACT ASSOCIATED WITH THE 2009 TREE REMOVAL PROGRAM WHEREAS, annually quotes are received to perform tree removal and tree trimming services to be done as part of the Joint Powers Agreement the City of Mounds View has with the City of New Brighton; and WHEREAS, these services were budgeted for in 2009; and WHEREAS, there were four companies that submitted tree removal quotes for trees with no vehicle access; and WHEREAS, the low quote was submitted by Upper Cut Tree Service for trees smaller and larger than 28.5 inches in diameter; and WHEREAS, 4 Seasons Tree Care has agreed to renew their contract for 2009 with no increase in their unit prices for removal of trees with vehicle access. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota as follows: 1. That a contract with no vehicle access is hereby awarded to Upper Cut Tree Service for trees smaller and larger than 28.5 inches in diameter. 2. That a contract with 4 Seasons Tree Care for the removal of trees with vehicle access is hereby renewed. 3. The Mayor and City Administrator are hereby authorized and directed to enter into said contracts. 4. Said contracts shall expire on December 31, 2009. Adopted this 23th day of March 2009. ____________________________________ Joe Flaherty, Mayor (ATTEST) ____________________________________ James Ericson, City Administrator (SEAL) Item No. 8D Meeting Date: March 23, 2009 Type of Business: Consent City Administrator Review _______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, Clerk-Administrator Item Title/Subject: Resolution 7425 Approving and Authorizing the Execution of an Agreement Rider with the Board of Water Commissioners of the City of Saint Paul for Work Associated with the County Road 10 Trailway Project: Segments 1-5 Background: As part of the work activities associated with the County Road 10 Trailway Project: Segments 1-5, the trail will be crossing easements belonging to the Saint Paul Regional Water Services in which two large sixty inch (60”) water mains are located. This is just north of the intersection of County Road 10 and County Road I. Discussion: As part of the permit requirements, the City must construct an eight-inch (8”) concrete slab as part of the trailway surface where it intersects the easement containing these large water mains. This is done as a strategy to protect these expensive structures from damage. To ensure that the City follows through on installation of these concrete slabs and all work is performed in accordance with good engineering practices, the Saint Paul Regional Water Services is requiring the execution of the attached “Fourteenth Rider to Agreement.” This is a very simple, straightforward rider to the original agreement executed in 1965. Staff is requesting approval of this Fourteenth Rider to Agreement with the Board of Water Commissioners of the City of Saint Paul and authorization to have the Mayor and Clerk-Administrator execute the agreement contingent upon the approval of the City’s legal counsel. As a note, the City approved and authorized and execution of the Twelfth Rider to Agreement via Resolution 6279 on June 14, 2004 and the thirteenth rider via Resolution 7086 on May 14, 2007 for similar activities associated with the 2003 Street Improvement Project and the Trail Segments 9 & 10, respectively. Rider Approval with St. Paul Regional Water Services March 23, 2009 Page 2 Recommendation: It is recommended the City Council approve the Fourteenth Rider to Agreement with the Board of Water Commissioners of the City of Saint Paul and authorize the Mayor and Clerk-Administrator to execute the agreement contingent upon the approval of the City’s legal counsel. Respectfully Submitted, James Ericson Clerk-Administrator RESOLUTION 7425 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT RIDER WITH THE BOARD OF WATER COMMISSIONERS OF THE CITY OF SAINT PAUL FOR WORK ASSOCIATED WITH THE COUNTY ROAD 10 TRAILWAY PROJECT: SEGMENTS 1-5 WHEREAS, as part of the work activities associated with the County Road 10 Trailway Project: Segments 1-5, the trail will be crossing the easements belonging to the St. Paul Regional Water Services in which two sixty inch water mains are located; and, WHEREAS, as part of the permit requirements, the City must construct an eight- inch concrete slab as part of the trail surface where it intersects the easement containing these water mains to protect them; and, WHEREAS, to ensure that the City follows through on installation of these concrete slabs and all work is performed in accordance with good engineering practices, the Saint Paul Regional Water Services is requiring the execution of the attached “Fourteenth Rider to Agreement.” NOW, THEREFORE, BE IT RESOLVED by the Mounds View City Council of the City of Mounds View: 1. That the Fourteenth Rider to Agreement with the Board of Water Commissioners of the City of Saint Paul for work associated with the County Road 10 Trailway Project: Segments 1-5 is hereby approved. 2. That the Mayor and Clerk-Administrator are hereby authorized to execute said rider agreement. 3. That execution of said agreement is contingent upon approval of the City’s legal counsel. Adopted this 23rd day of March 2009. ____________________________________ Joe Flaherty, Mayor ATTEST: ____________________________________ James Ericson, Clerk-Administrator (seal) Corrections made by Council Member Mueller, Clerk -Administrator Ericson, Community Deve Director Ken Roberts and Assistant City Clerk -Administrator Crane PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1 CITY OF MOUNDS VIEW 2 RAMSEY COUNTY, MINNESOTA 3 4 Regular Meeting 5 February 23, 2009 6 Mounds View City Hall 7 2401 Highway 10, Mounds View, MN 55112 8 7:01 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 A. Monday, February 23, 2009 City Council Agenda. 21 22 MOTION/SECOND: Mueller/Gunn. To Approve the Monday, February 23, 2009 agenda as 23 presented. 24 25 Ayes – 5 Nays – 0 Motion carried. 26 27 5. PUBLIC INPUT 28 29 None. 30 31 6. SPECIAL ORDER OF BUSINESS 32 33 None. 34 35 7. COUNCIL BUSINESS 36 A. Resolution 7413, Authorizing a Residential Kennel License at 2273 Pinewood 37 Drive. 38 39 Assistant Clerk-Administrator Crane presented the residential kennel license application of John 40 Munsterman for three dogs at 2273 Pinewood Drive. To receive a license, the applicant must 41 present a petition signed by more than 50% of registered landowners within 500 feet of the 42 proposed kennel who agree with the establishment of that kennel. Staff reviewed the application 43 materials and petition and it was verified that one more signature was needed to validate the 44 petition. In addition, the City received requests from seven who wanted to withdraw their name 45 Mounds View City Council February 23, 2009 Regular Meeting Page 2 from the petition. Assistant Clerk-Administrator Crane noted that Mr. Munsterman is present to 1 speak to his application as well as Cindy Palm who circulated a flyer and other residents from 2 this neighborhood. 3 4 Mayor Flaherty opened the public hearing at 7:06 p.m. 5 6 John Munsterman, kennel license applicant, presented his request for a residential kennel license 7 and suggested it is not fair to require a petition signed by 50% of residents within 500 feet 8 because at least eight houses in that area are currently vacant. He stated they have a mixed 9 family and three dogs, one that left for a while but is now back. Mr. Munsterman explained he 10 misunderstood the Code requirement, thinking a kennel license was required for four dogs. He 11 advised he purchased bark collars so the dogs bark or howl occasionally, but not all hours of the 12 day as stated on the flyer. He advised the dogs are always indoors by 10:30 p.m., they installed a 13 six-foot privacy fence, and he believes the flyer results in defamation of character since the 14 statements are not factual nor brought to his attention. 15 16 Mr. Munsterman advised of a recent issue, which they have tried to correct, and that they 17 installed a new gate so the dogs cannot get out. He stated he shovels his neighbor’s driveway 18 and helps when asked so he does not understand the flyer’s indication he is not “neighborly.” He 19 advised that people have tried to get his dogs to bark and howl and there are dogs a few doors 20 away on either side of his house that also bark, but not excessively. He felt the flyer tried to 21 make his Weinmaraner sound vicious, which is not the case and he is afraid of harassment from 22 these neighbors even if he gets rid of one dog. 23 24 Steve Jungwirth, 2236 Pinewood Drive, stated he is a dog owner, believed the flyer to be 25 disturbing, and had talked with Mr. Munsterman and found his dogs to be very friendly. He 26 advised of two other dogs allowed to run loose in the neighborhood. Mr. Jungwirth stated he has 27 not heard Munsterman’s dogs barking while walking his dogs late at night, they have a gated 28 fence, bark collars, and a right to have dogs. Mr. Jungwirth stated his intention to get a 29 Weinmaraner and expressed concern that he will be harassed in the same manner. 30 31 Cindy Palm, 2266 Terrace Drive, stated she is responsible for the flyer and sees no points that 32 Mr. Munsterman can dispute. She stated that in 2006 Mr. Munsterman had two dogs that were 33 well behaved; however, when they got the Weinmaraner it barked often and caused the other 34 dogs to bark. It also tries to climb the fence, which scares her children and does not allow them 35 to enjoy their back yard. She stated she told Mr. Munsterman in May of 2006 that the City’s 36 ordinance allowed only two dogs and he had talked about getting a bark collar three years ago, 37 but just got it this week. Ms. Palm reviewed and commented on the past Police Department 38 reports on the Munsterman’s dogs. She stated they did erect a privacy fence but the dogs have 39 torn down several sections, and several holes remain. She pointed out that none of the immediate 40 residents signed the petition and if they did have requested their name be removed. She 41 expressed concern that Mr. Munsterman will give one of his dogs to his dad, who lives close by, 42 and the Weinmaraner would remain in the neighborhood. Ms. Palm stated her concern with the 43 Weinmaraner, the dogs being left outdoors during inclement weather conditions, and that three 44 neighbors who have been bitten, unprovoked, by the Weinmaraner. She presented details of the 45 Mounds View City Council February 23, 2009 Regular Meeting Page 3 incident when Ms. Smith was bitten, unprovoked, by the Weinmaraner and expressed her fear 1 that the Weinmaraner may bite her children while they play in their yard. Ms. Palm stated she 2 understands Mr. Munsterman’s commitment to the community, he is a good father, and has two 3 wonderful sons, but this property is not large enough to handle three dogs and asked the Council 4 to deny the kennel license and require the Weinmaraner to be removed from the neighborhood. 5 6 John Bren, 2274 Terrace Drive, stated he lives north of the Munsterman property, and advised of 7 the conditions under which the Weinmaraner bit him, unprovoked. He stated he loves dogs but 8 his wife is terrified it will jump the fence. In addition, the Munstermans do not pick up the feces 9 and in summertime, the odor is an overwhelming problem. He read information he found on the 10 internet about the Weinmaraner breed and stated his belief that a Weinmaraner is not a safe dog 11 to have in the neighborhood. Mr. Bren stated there has been a lack of responsible dog ownership 12 by the Munstermans and the kennel license should be denied. 13 14 Brian Smith, 124 170th Avenue NW, Andover, stated his mother lives at 2265 Pinewood Drive 15 and was bit by the Weinmaraner. He has seen the Weinmaraner trying to break boards out of the 16 fence and has even grabbed his golf club before getting out of the car. He stated his mother has 17 been friends with the Munstermans for years but believes the Weinmaraner has to go. 18 19 Mildred Smith, 2265 Pinewood Drive, stated John Munsterman and his family has been good 20 neighbors and his boys are good kids but the Weinmaraner bit her leg and it cost $190 on her 21 insurance with a $10 copay. She stated the Weinmaraner is a nuisance and she believes it may 22 have been beaten before the Munstermans got it. 23 24 Gloria Bren, 2274 Terrace Drive, stated they live behind the Munstermans and she can’t work in 25 her back yard garden because the dogs are barking, even with the bigger fence. She stated they 26 are also clawing at the fence and she is afraid of the Weinmaraner. She stated she has brought a 27 water hose with her when working in the garden so she could spray water on the dogs if they got 28 over the fence. She stated she is upset she cannot enjoy her yard because of the dogs and odor. 29 30 Debbie Krogstad, 4007 Glenhaven Lane, stated she is staying at 2273 Pinewood Drive. She 31 explained when they got the dogs and asserted that during 2006, they only had two dogs because 32 the six-month-old dog did not yet need a license. She advised they would be going to court on 33 March 11, 2009, because of the mistake they made with licensing. Ms. Krogstad stated the 34 Weinmaraner was kept indoors since it bit Ms. Smith so barking has not been a problem since 35 then. She took exception to the statement that their dogs had been left outside during subzero 36 weather, saying they were only let out for short periods of time. She stated she understands the 37 concern about the odor and will clean the back yard in the spring. Ms. Krogstad said they are a 38 busy family, do not neglect their dogs, and asked for a chance to prove these allegations are not 39 true. 40 41 John Bren, 2274 Terrace Drive, read another statement on the Weinmaraner breed indicating it 42 requires strenuous exercise and stimulation, room to roam to release energy, and sufficient 43 exercise so they do not bark excessively or become destructive. 44 45 Mounds View City Council February 23, 2009 Regular Meeting Page 4 Steve Jungwirth, 2236 Pinewood Drive, stated his belief that those statements are totally false. 1 2 Marcus Berry, 2273 Pinewood Drive, stated they love their dogs, play with them every chance 3 they have, and clean the yard when told to do so. He stated he is sorry if it smells bad and will 4 try to do a better job. Mr. Berry said if a dog is taken away, he does not know how he will be 5 able to take it because they are special dogs he has had for three to four years. 6 7 Hearing no additional public input, Mayor Flaherty closed the public hearing at 7:41 p.m. 8 9 Council Member Mueller thanked all who attended to explain their positions to the Council. She 10 stated she understands that pets can become like a family member so this is a tough decision to 11 make but the Council must look at what the Code requires, which has a limit of two dogs. A 12 third dog requires a kennel license and petition in support signed by 50% of the neighbors within 13 a 500-foot radius and the Code does not allow any “wiggle room” for vacant houses. She stated 14 that she cannot support the kennel license without the required signatures. Council Member 15 Mueller noted that Ms. Palm had mentioned a solution to give one dog to another family member 16 if they live close by. However, if the dogs are creating a situation of fear or loss of property 17 enjoyment in the neighborhood, the kennel license must be denied. 18 19 Council Member Hull stated vacant homes within the 500-foot radius are a disadvantage and 20 asked what “registered homeowner” means. Assistant Clerk-Administrator Crane stated the 21 Code clearly states the owner of the property must sign the petition. Council Member Hull stated 22 perhaps the City should look at that Code requirement for this and other petition processes. 23 24 Mayor Flaherty stated the properties do have an owner, but the owner may not live at that 25 address. City Attorney Riggs agreed the property is owned and it is the same situation when the 26 City is required to get a signature for something like an easements for road projects. 27 28 Council Member Gunn stated the petition is short of signatures so it is null and void. She noted 29 the Code states it has to be signed by more than 50% of all registered landowners within 500 feet 30 but it does not state that everyone around them needs to sign the petition. 31 32 Council Member Stigney stated that generally, there are two people in the house but one may 33 agree while the other does not agree. He asked how that would be resolved. City Attorney Riggs 34 stated that is a good question and it has not been resolved. 35 36 Council Member Mueller asked whether the Munstermans would be able to obtain the signatures 37 required if the matter is tabled for several weeks. Assistant Clerk-Administrator Crane advised 38 that Mr. Munsterman has indicated he feels the petition is now tainted because of the flyer and 39 has someone to take the Chocolate Lab. Council Member Mueller stated the Code does not 40 indicate which dog must leave the property and she is inclined to table for two weeks to allow 41 more time for the Munstermans to obtain the needed signatures. 42 43 44 45 Mounds View City Council February 23, 2009 Regular Meeting Page 5 MOTION/SECOND: Mueller/Hull. To Postpone consideration of the matter for two weeks to 1 allow the applicant to obtain the required signatures and if not successful the applicant will have 2 to take the steps necessary to comply with City Code. 3 4 Council Member Hull questioned the procedure taken when a dog bite occurs, noting the Police 5 report indicates the Officer found the dog to be friendly and put the dog into the fenced yard. 6 Police Chief Sommer advised that once a dog is classified as “vicious” there are State Statutes 7 regulating what happens, depending on the number and severity of bites and the circumstances 8 under which the dog bite occurred. 9 10 Council Member Stigney stated he has no problem with postponing action except that a question 11 remains whether the applicant has justified being responsible to have a kennel license. He 12 reviewed the concerns expressed and stated if enough signatures are submitted to grant a kennel 13 license, it would behoove the Council to add conditions to address those concerns. 14 15 Council Member Mueller asked Brian Smith how frightened is his mother and the level of his 16 concern about the Weinmaraner. Mr. Smith stated he had to take his mother to the emergency 17 room and four trips to the doctor’s office. The dog bite broke the skin and his mother is allergic 18 to antibiotics. He noted it was 15 below zero that day and the Weinmaraner could have knocked 19 her down. Mr. Smith stated his mother likes Munstermans and does not want to cause a problem 20 for them. However, if the Weinmaraner is outdoors, she would be afraid of the dog. He noted 21 that the other woman that was bitten by the Weinmaraner in his mother’s back yard resulted in 22 ripping her pants and that attack was totally unprovoked. 23 24 Mayor Flaherty reported on this visit to the homes of Ms. Smith and Mr. Munsterman and that 25 Mr. Munsterman understands the ramifications of not having enough signatures on the petition. 26 He stated the bottom line is that the Code requires greater than 50% of the property owners 27 within a 500-foot area to sign the petition and that requirement is not satisfied. Since Mr. 28 Munsterman has indicated he cannot obtain enough signatures, one of the dogs will have to leave 29 the property. Mayor Flaherty stated he is sorry because he knows how much the dogs mean to 30 the boys. He stated that when he visited the property, two of the dogs did not bark until he 31 knocked on the door. However, while waiting at the door, the Weinmaraner jumped at the 32 window and Mr. Munsterman told him to wait until the dog was secured in another room. Mayor 33 Flaherty stated to Millie Smith that he is sorry the dog she is afraid of, the Weinmaraner, will not 34 leave the property and he hopes the neighbor’s relationship is not fractured beyond repair. 35 36 Ayes – 4 Nays – 1 (Flaherty) Motion carried. 37 38 Mayor Flaherty reminded Mr. Munsterman that one dog must leave the property and this item 39 will be considered again at the March 9, 2009, Council meeting. 40 41 B. Resolution 7414, Awarding a Construction Contract for the 2009-2010 Street 42 and Utility Improvement Project. 43 44 45 Mounds View City Council February 23, 2009 Regular Meeting Page 6 Joe Rhein, Bonestroo, presented the 2009-2010 Street and Utility Improvement Project bids 1 ranging from $3,948,859.33 to $4,736,316.90. Mr. Rhein stated there was good competition and 2 the low bid was about 15% below the estimate. In addition, the price of oil and gas has dropped 3 recently and is $75,000 lower than estimated. Staff is familiar with North Valley, Inc., and found 4 them good to work with, they do quality work, and he has no hesitation recommending their low 5 bid. Because the bid is lower than the engineer’s estimate, there is no anticipated problem with 6 cash flow. 7 8 Mr. Rhein reviewed the Silver Lake Woods improvement, noting the total estimated construction 9 cost is just under $200,000 not including attorney, engineer, or staff time costs. The agreement 10 has a maximum amount of $415,000 so there is more than a 100% allowance between the 11 construction costs and maximum allowed. Mr. Rhein presented the construction schedule and 12 recommended that the Council consider adoption of the resolution to approve the low bid. 13 14 Jim Battin, 2332 Laport Drive, Citizen Task Force Member, and Street and Utilities 15 Commissioner, thanked the Council and all citizens who put in a lot of time at meetings to hash 16 out the details. 17 18 MOTION/SECOND: Mueller/Gunn. To Waive the Reading and Adopt Resolution 7414, 19 Awarding the Construction Contract for the 2009-2010 Street and Utility Improvement Project 20 and Authorizing the Mayor and City Administrator to Execute said Documents. 21 22 Council Member Mueller stated she was thrilled that 13 bids were received, noting the difference 23 between the highest bid was only 1%. She thanked staff for their work and finding a way to fund 24 this project with the levy limits in place, indicating she is excited this project is moving forward. 25 26 Ayes – 5 Nays – 0 Motion carried. 27 28 C. Resolution 7415, Establishing the Components of the Private Improvement 29 Program in Conjunction with the Street and Utility Improvement Program. 30 31 Joe Rhein, Bonestroo, explained it became apparent there are opportunities for improvements to 32 private properties as part of the contract to assure the infrastructure is not damaged in the future. 33 He stated the Council informally agreed with this concept at a Workshop meeting. Mr. Rhein 34 presented examples of improvement opportunities that could be considered and presented the 35 draft resolution requirements, summarized the points presented, and schedule of project cost. He 36 also reviewed Exhibits A and B and explained the payment options available to residents. 37 Because the costs are reasonable, staff recommends a down payment not be required. He 38 presented the sliding scale suggested for the special assessments, depending on the level of 39 assessment, as depicted in Schedule B. If approved, residents would receive notice of the March 40 19, 2009, preconstruction meeting and documents would be available regarding this program. In 41 addition, staff would work with the City Attorney on the agreement document. 42 43 44 MOTION/SECOND: Gunn/Mueller. To Waive the Reading and Adopt Resolution 7415, 45 Mounds View City Council February 23, 2009 Regular Meeting Page 7 Establishing the Components of the Private Improvement Program in Conjunction with the Street 1 and Utility Improvement Program. 2 3 Council Member Mueller put residents on notice that this project will start in the spring so they 4 have time now to call contractors and get information. She asked whether the agreement would 5 have a “safety net” and implied consent if a signature were not submitted to the City by a certain 6 date. Mr. Rhein explained that the agreements will be handled administratively and needs to be 7 signed and in place 24 hours prior to the start of construction. If a signed agreement is not in 8 place, the work on private property would not occur. He explained that Staff would like to solicit 9 interested residents to use this process to assure the new street and curb project do not need to be 10 disturbed to complete improvements on private property. 11 12 The Council discussed the option of requiring a $500 deposit if the improvement cost is assessed 13 for 5 or 10 years. Finance Director Beer noted the City did not want to discourage anyone from 14 using this option. Mr. Rhein stated the most common improvement is to widen the access and he 15 does not think there will be so many sanitary sewer improvements that it affects the cash flow of 16 this project. 17 18 In response to Council Member Stigney’s questions, Mr. Rhein stated there would be no cost to 19 residents to match the existing driveway width and transition the driveway to the property line. If 20 the property owner wants the new bituminous driveway all the way to the garage, they would 21 have to enter into a private agreement with a contractor. 22 23 Council Member Stigney suggested the process be looked at after the first part of the project is 24 completed. Finance Director Beer stated the Council could modify the program at any time 25 during the project. 26 27 Mayor Flaherty suggested a threshold be established that if a certain percentage of properties take 28 advantage of this option, raising a concern with cash flow, it would be cut off. Mr. Rhein 29 suggested the threshold be established using a dollar amount rather than a percentage. Finance 30 Director Beer recommended the maximum of $100,000. 31 32 Council Member Stigney noted that private property improvements outside the project area are 33 not addressed in the resolution. Mr. Rhein stated if an improvement comes up during the project, 34 they would return with a revised resolution. He explained that anyone can talk with the City’s 35 contractor and pay them privately to do their driveway but that would be outside of the City’s 36 contract. The City can provide interested residents with the rate being paid for this project. 37 38 Council Member Mueller asked if residents would need to obtain a City permit for driveway 39 improvements on private property. Mr. Rhein stated they would if the improvement is outside 40 this contract. 41 42 Finance Director Beer clarified that private improvements from the right-of-way to the garage 43 will not be assessed and have to be paid by the property owner. 44 45 Mounds View City Council February 23, 2009 Regular Meeting Page 8 Council Member Hull asked if the $100,000 threshold needed to be included in the resolution. 1 Finance Director Beer stated it does not need to be included and staff will alert the Council if the 2 costs get close to that threshold. 3 4 Council Member Mueller stated for the record the City has identified some residences within the 5 project area that do have issues with their sewer, but only identified that problem up to the right-6 of-way line. Mr. Rhein stated that is correct and explained how the sewer mains are inspected. 7 8 Mayor Flaherty stated property owners would be notified if there may be sewer issues. Mr. 9 Rhein stated that is correct and all property owners will be noticed of the informational meeting 10 plus a supplement notification if something was seen during the sewer inspection. 11 12 Ayes – 5 Nays – 0 Motion carried. 13 14 D. Resolution 7412, Approval to Hire Tyler Martin and Public Service Officer. 15 16 Police Chief Sommer presented the draft resolution to authorize the hiring of Tyler Martin as 17 Public Service Officer at a Step One rate of pay. 18 19 Council Member Mueller asked if this is a three-quarter position or full-time position. Police 20 Chief Sommer stated it started out at three-quarters and then the Council authorized additional 21 Code enforcement during the summer so it went to a full time position during the seminar. 22 23 Council Member Hull asked if this position was being frozen until the budget was done. Clerk-24 Administrator Ericson explained the Council had the option of not filling this position but 25 discussed and decided at a Work Session to fill this position due to needed Code enforcement 26 and other responsibilities of this position. 27 28 MOTION/SECOND: Gunn/Stigney. To Adopt Resolution 7412, Appointing Tyler Martin to the 29 Position of Public Service Officer. 30 31 Council Member Gunn read Resolution 7412 in full. 32 33 Ayes – 5 Nays – 0 Motion carried. 34 35 E. Resolution 7416, Authorization to Advertise and Hire Public Works Seasonal 36 Employees for 2009. 37 38 Assistant Clerk-Administrator Crane presented the draft resolution to authorize the hiring of 39 eight seasonal Public Works employees. The 2009 salary would be no pay increase over 2008. 40 Staff is also recommending the hiring of Bill Hanggi, who has a Class A water license and 33-41 year history of City employment, which would be a great asset during the upcoming street and 42 utility improvement project. His wage would be $13.25 per hour, the same as last year. Previous 43 years the City has hired 10 seasonal workers, but staff reduced this request to eight this year. 44 45 Mounds View City Council February 23, 2009 Regular Meeting Page 9 MOTION/SECOND: Hull/Mueller. To Waive the Reading and Adopt Resolution 7416, 1 Approving the 2009 Seasonal Public Works Positions. 2 3 Finance Director Beer advised that each Public Works seasonal employee not hired saves the 4 City $6,200. 5 6 Council Member Stigney stated he has no problem waiving reading as long as the salary is 7 indicated. 8 9 Council Member Hull stated the salary for new hires starts at $11 per hour with the possibility of 10 advancing to $11.50 after one month of satisfactory performance. Returning seasonal workers, 11 along with the engineering intern, will be compensated at $11.75 per hour and Mr. Hanggi would 12 be compensated at $13.25 per hour, the same as last year. 13 14 Mayor Flaherty asked about the justification of eight seasonal workers and asked if the City 15 could get by with six seasonal employees. Clerk-Administrator Ericson advised that staff looked 16 at the tasks and work responsibilities performed. If reduced to fewer than eight, the level of 17 services to residents would be reduced. 18 19 Mayor Flaherty questioned the rationale to increase the salary for new hires from $11 to $11.50 20 after one month. Clerk-Administrator Ericson explained it is an incentive to remain after 21 training. 22 23 AMENDMENT MOTION/SECOND: Flaherty/Stigney (for discussion purposes). To amend 24 Resolution 7416 to strike the increase to $11.50 after 30 days and keep the salary at $11 per hour. 25 26 The Council discussed whether new hires that are trained in May or early June might not stay 27 with the position during hotter summer weather or apply at another city paying a higher salary. 28 29 Mayor Flaherty stated he is looking at it based on the recession and he does not think people will 30 quit and move to another position for 50 cents per hour. Finance Director Beer advised that this 31 reduction would save about $3,200. 32 33 Council Member Stigney stated he would follow the Mayor’s lead if it saves Mounds View 34 $3,200. 35 36 Ayes – 4 Nays – 1 (Gunn) Amendment motion carried. 37 38 AMENDMENT MOTION/SECOND: Mueller/Hull. To amend Resolution 7416, Item 5, to say: 39 “Each seasonal position will work up to 40 hours per week.” 40 41 Council Member Mueller explained that if there is a rainy week, the Public Works Supervisor 42 should be able to send the seasonal workers home rather than guaranteeing them 40 hours per 43 week. 44 45 Mounds View City Council February 23, 2009 Regular Meeting Page 10 Clerk-Administrator Ericson offered a friendly amendment to change “will” to “may” to read: 1 “Each seasonal position may work up to 40 hours per week.” Council Member Mueller accepted 2 the friendly amendment. Council Member Hull, as the second to the motion, accepted the 3 friendly amendment. 4 5 Ayes – 5 Nays – 0 Amendment motion carried. 6 7 Council Member Gunn stated she supports the number of seasonal employees recommended 8 because the Public Works staff will be involved with the upcoming street project. 9 10 Ayes – 5 Nays – 0 Motion carried. 11 12 F. First Reading of Ordinance 817, an Ordinance Amending Title 514 of the 13 Mounds View City Code about Therapeutic Massage. 14 15 Assistant Clerk-Administrator Crane presented the draft ordinance noting the revised language to 16 require the business owner to continually be of good character and to comply with State Statute 17 language. 18 19 Council Member Stigney asked whether a license applicant is required to be a US resident or 20 Minnesota resident. City Attorney Riggs stated staff would discuss that issue and bring back a 21 recommendation prior to second reading. 22 23 Council Member Stigney questioned the type of school certification that would be approved by 24 the Clerk-Administrator. City Attorney Riggs explained staff would consider a community 25 college with reputable certification. Council Member Stigney asked if on-line certification 26 would be considered and suggested staff to look into this issue further to assure the standards are 27 adequate. 28 29 Clerk-Administrator Ericson stated that Council Member Stigney raises a good question and 30 perhaps the recognized schools should be limited to those located in the United States or North 31 America. He noted language indicating the need for 200 hours of certified massage training and 32 suggested that be required prior to the license being issued. The Council agreed. 33 34 Council Member Mueller asked whether background checks could be done beyond the State of 35 Minnesota. Clerk-Administrator Ericson explained that such a background check would have to 36 be requested individually from each State, probably with a fee for each. However, if the 37 applicant held a license in another State, the City would contact that State in the background 38 check. 39 40 MOTION/SECOND: Mueller/Stigney. To Waive the First Reading of Ordinance 817, an 41 Ordinance Amending Title 514 of the Mounds View City Code about Therapeutic Massage and 42 direct the City Attorney and staff to research the concerns and questions raised tonight. 43 44 Ayes – 5 Nays – 0 Motion carried. 45 Mounds View City Council February 23, 2009 Regular Meeting Page 11 1 G. Resolution 7411, Approving Transfers between Funds for 2008. 2 3 Finance Director Beer presented the draft resolution to approve transfers between funds 4 5 Council Member Mueller questioned the reasoning for the last three transfers listed relating to 6 TIF Districts. Finance Director Beer explained the State Auditor had requested that expenditures 7 line up with the budget, requiring the transfer. 8 9 MOTION/SECOND: Gunn/Mueller. To Waive the Reading and Adopt Resolution 7411, 10 Approving Transfers between Funds for the Year 2008. 11 12 Ayes – 5 Nays – 0 Motion carried. 13 14 H. Recess into Closed Executive Session after this City Council Meeting to 15 Discuss Union Contract Negotiations and Attorney-Client 16 Privilege/Threatened Litigation. 17 18 Clerk-Administrator Ericson noted that at the conclusion of the agenda, the Council would recess 19 into Closed Executive Session to discuss union contract negotiations and attorney-client privilege 20 discussion on threatened litigation. At the end of the Closed Executive Session, the Council 21 would be reconvened and adjourn. 22 23 Council Member Stigney left the Chambers at 8:54 p.m. 24 25 8. CONSENT AGENDA 26 A. Licenses for Approval. 27 B. Resolution 7417, Accepting the 2003 Street Improvement Project and 28 Authorizing Final Payment. 29 30 MOTION/SECOND: Mueller/Hull. To Approve the Consent Agenda as Presented and Waive 31 the Reading of Resolution. 32 33 Ayes – 4 Nays – 0 Motion carried. 34 35 Council Member Stigney was not present for the vote. 36 37 9. JUST AND CORRECT CLAIMS 38 39 Mayor Flaherty referenced Page 1, All City Elevator, and noted it was to make a repair. 40 41 Council Member Stigney returned to the Chambers at 9:51 p.m. 42 43 Council Member Mueller referenced Page 18, Uniforms Unlimited, for a taser supply 44 expenditure. Finance Director Beer stated it is the cost to rearm a number of tasers. 45 Mounds View City Council February 23, 2009 Regular Meeting Page 12 1 MOTION/SECOND: Mueller/Hull. To Approve the Just and Correct Claims as Presented. 2 3 Ayes – 5 Nays – 0 Motion carried. 4 5 10. APPROVAL OF MINUTES 6 A. January 26, 2009 City Council Meeting Minutes. 7 8 Council Member Gunn requested a correction to Page 3, line 25, to indicate: “…told by the State 9 that LGA would be… 10 11 Mayor Flaherty requested a correction to Page 3, Line 27, to change “Mayor Betzold” to “Mayor 12 Flaherty.” 13 14 Council Member Stigney referenced Page 5 and requested that staff verify the title of Resolution 15 7404, stating he believed the action included hiring as well as creating an eligibility list to fill the 16 police officer position. 17 18 Council Member Hull requested a spelling correction on Page 5, Line 23, to the word “willing.” 19 20 Council Member Mueller requested a correction to Page 6, Line 44, to indicate: “can be 21 considered at the next meeting” 22 23 MOTION/SECOND: Flaherty/Mueller. To Approve the January 26, 2009 City Council Meeting 24 Minutes as Corrected. 25 26 Ayes – 5 Nays – 0 Motion carried. 27 28 B. February 9, 2009 City Council Meeting Minutes. 29 30 MOTION/SECOND: Gunn/Mueller. To Approve the February 9, 2009 City Council Meeting 31 Minutes as Presented. 32 33 Ayes – 5 Nays – 0 Motion carried. 34 35 11. REPORTS 36 A. Reports of Mayor and Council. 37 38 Council Member Gunn congratulated the Irondale girl’s hockey team, announced their first game 39 in the State tournament will be Thursday, February 26, 2009, at 11 a.m., and encouraged 40 resident’s support. 41 42 Council Member Mueller announced a concerned citizens meeting on the Anoka County Blaine 43 Airport to be held at the Spring Lake Park City Hall on Tuesday, February 24, 2009, starting at 44 7:00 p.m. 45 Mounds View City Council February 23, 2009 Regular Meeting Page 13 1 Council Member Mueller announced a ribbon cutting ceremony at Bio Life Plasma Services 2 Company, 2222 Wooddale Drive, on Monday, March 9, 2009. 3 4 Council Member Mueller announced League workshops the Council and City staff will be 5 attending. 6 7 Council Member Mueller reported that on the League of Minnesota Cities seminar for 8 experienced officials she attended and that Council Member Gunn had attended the newly 9 elected official seminar. 10 11 Mayor Flaherty reported on the meeting he and Clerk-Administrator Ericson attended with the 12 mayors and city administrators from Arden Hills, Shoreview, Roseville, and New Brighton. 13 14 B. Reports of Staff. 15 1. Community Development Department Annual Report. 16 17 Community Development Director Roberts thanked staff for their contribution in the preparation 18 of the Annual Report and provided a brief review of the Report, noting last year’s statistics are 19 included for comparison. Community Development Roberts also presented the major 20 accomplishments and enforcement activity of the department. 21 22 2. Mounds View City Council / Staff Retreat, February 28, 2009. 23 24 Assistant Clerk-Administrator Crane read the agenda items to be considered at the February 28, 25 2009, Council Retreat that will be held at Random Park and that the public is invited to attend. 26 27 3. 2008 Citizenship Award Reminder. 28 29 Assistant Clerk-Administrator Crane reminded residents that the 2008 Citizenship Award 30 nominations are due on Monday, March 20, 2009 at 4:30 p.m. Council Member Mueller 31 suggested a wording change to indicate “current elected officials” instead of “recently elected 32 officials.” 33 34 4. Accelerate Street Project C. 35 36 Finance Director Beer presented the option to accelerate Area C into Area B to take advantage of 37 the favorable street project bid. He advised that if all years were accelerated, a cash flow issue 38 would occur in 2016. He suggested a construction break be scheduled prior to the cash shortage 39 or an internal or short-term borrowing option be considered to address that issue. 40 41 Mayor Flaherty stated it makes sense to consider this recommendation as long as there is a future 42 break in projects and asked if Area B will be under construction shortly. City Engineer Rhein 43 reviewed the project schedule and stated staff will return with a recommendation to hold the 44 public hearing and officially order the project. 45 Mounds View City Council February 23, 2009 Regular Meeting Page 14 1 Council Member Mueller stated her support to combine the two projects, which will show 2 progress and excite the community. City Engineer Rhein stated both are on the south side of 3 CR10 and it is feasible to combine as a single project. 4 5 The Council indicated support to pursue this recommendation and directed it to be placed on the 6 March 9, 2009 Council agenda for consideration. 7 8 5. New Convention and Visitor’s Bureau. 9 10 Community Development Director Roberts advised that because of internal issues with the 11 Minneapolis North Convention and Visitor’s Bureau, four cities located on the east side of the 12 Mississippi River have decided to opt out and work with the National Sport Center to form a new 13 Convention and Visitor’s Bureau. Staff will keep the Council informed as details become 14 available. 15 16 C. Reports of City Attorney. 17 18 Clerk-Administrator Ericson provided an update on the interviews for the Public Works Director 19 position, advising there are two experienced candidates that staff would like to refer to the 20 Council for consideration. 21 22 Following discussion, Council consensus was reached to schedule a Special Workshop on 23 Monday, March 2, at 6:00 p.m., to conduct Public Works Director interviews. Council requested 24 staff provide a list of the questions already asked and questions that could be asked. 25 26 Council Member Stigney requested staff also provide an explanation as to why a consensus was 27 not reached at the staff level on one candidate to recommend. 28 29 12. Next Council Work Session: Monday, March 2, 2009, at 7 p.m. 30 Next Council Meeting: Monday, March 9, 2009, at 7 p.m. 31 32 13. ADJOURNMENT 33 34 MOTION/SECOND: Mueller/Stigney. To recess to a Closed Executive Session to discuss union 35 contract negotiations and Attorney/Client privilege/threatened litigation. 36 37 Ayes – 5 Nays – 0 Motion carried. 38 39 The meeting was recessed at 10:33 p.m. 40 41 Transcribed by: 42 43 Carla Wirth 44 TimeSaver Off Site Secretarial, Inc. 45 348657v2 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: March 19, 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. Draft ordinance amending the City Code and Charter to globally substitute the words “clerk-administrator ” with “city administrator”. Review proposed amendments and issues concerning administrative fees and penalties. Consult with City staff. Matter is presently pending. MU125-65: Licensing Issues. Consult with City staff regarding issues. Make further revisions to therapeutic massage ordinance and forward same to 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. Correspond with the Association's attorney and the City Engineer on the legal descriptions for the drainage and utility easements. Revise easements using new legal descriptions from the City Engineer and forward same to City staff. Matter is presenting pending. Mr. Jim Ericson March 19, 2009 Page 2 348657v2 SJR MU125-11 MU210-106: General Labor Matters. Consult with City staff regarding labor and employment- related budget issues. 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. Review Wetland Mitigation Agreement. Consult with City staff. Make several small revisions to various easements per City staff request and forward same back to City staff. Matter is presently pending. MU210-179: 2009-2010 Street Improvement Project. Consult with City staff regarding contract project. Review construction contracts and insurance certificates. Matter is presently pending. MU210-180: 2008 Personnel Issue. Review correspondence. Contact attorney regarding potential employment issue. Research and respond to claim for additional compensation asserted on behalf of a city employee. Consult with City staff regarding matter. Matter is presently pending. MU210-182: Silver Lake Road and County Road H. Consult with City staff regarding project agreement/easements and construction issues. Matter is presently pending. MU210-183 Joseph Lopez v. Elizabeth Rhodes. This matter has been tendered to the LMCIT. Consult with City staff regarding matter. Matter is presently pending.