HomeMy WebLinkAboutAgenda Packets - 2009/05/11CITY OF MOUNDS VIEW
CITY COUNCIL MEETING AGENDA
MOUNDS VIEW CITY HALL
Monday, May 11, 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. National Public Works Week Proclamation – To Be Read Aloud By the Mayor
B. 2008 Audit presentation by Malloy, Montague, Karnowski, Radosevich, & Co., P.A.
7. COUNCIL BUSINESS
A. Second Reading of Ordinance 819, an Ordinance to Approve an Amendment to
Chapter 7, Section 7.03 of the City Charter Relating to Fees.
B. Resolution 7449, Authoring Severance for Police Officer Terry Broos
C. Resolution 7448, Appointing MMKR to Provide Auditing Services for the Years
Ended December 31, 2009, 2010, 2011
8. CONSENT AGENDA
A. Licenses for Approval
B. Resolution 7450, Approving a One Day Gambling Permit (BINGO) for Mounds
View Community Theatre on Saturday, August 22, 2009, during Mounds View
Festival in the Park.
C. Schedule a Public Hearing for June 8, 2009, at 7:05pm, a Resolution to Consider
an Off Sale Intoxicating Liquor License Renewal for ABC Liquor located at 2840
County Highway 10.
D. Schedule a Public Hearing for June 8, 2009, at 7:10pm, a Resolution to Consider
an Off Sale Intoxicating Liquor License Renewal for Vino & Stogies located at
2345 County Road H2.
E. Schedule a Public Hearing for June 8, 2009, at 7:15pm, a Resolution to Consider
an Off Sale Intoxicating Liquor License Renewal for Big Top Liquor located at
2577 County Highway 10.
F. Schedule a Public Hearing for June 8, 2009, at 7:20pm, a Resolution to Consider
an On Sale Wine and 3.2 Malt Liquor License Renewal for Taiko Sushi Bar
located at 2394 County Highway 10.
G. Schedule a Public Hearing for June 8, 2009, at 7:25pm, a Resolution to Consider
an On Sale Intoxicating Liquor License Renewal for Totino’s Italian Kitchen
located at 2535 County Highway 10.
H. Schedule a Public Hearing for June 8, 2009, at 7:30pm, a Resolution to Consider
an On Sale Intoxicating Liquor License Renewal for Moe’s located at 2400 County
Highway 10.
I. Schedule a Public Hearing for June 8, 2009, at 7:35pm, a Resolution to Consider
an On Sale Intoxicating Liquor License Renewal for Robert’s Sports Bar and
Entertainment located at 2400 County Road H2.
J. Schedule a Public Hearing for June 8, 2009, at 7:40pm, a Resolution to Consider
an On Sale Intoxicating Liquor License Renewal for The Mermaid located at 2200
County Highway 10.
K. Schedule a Public Hearing for June 8, 2009, at 7:45pm, a Resolution to Consider
an Off-Sale 3.2 Malt Liquor License for SuperAmerica located at 2840 County
Road I.
L. Establish a Closed Session of the City Council on May 26, 2009 at 5:30 pm to
Review the City’s Emergency Management Procedures
9. JUST AND CORRECT CLAIMS
10. APPROVAL OF MINUTES
A. Monday, April 13, 2009, City Council Minutes.
11. REPORTS
A. Reports of Mayor and Council
B. Reports of Staff
1. Community Development Department First Quarter Report
C. Reports of City Attorney
12. Next Council Work Session: Monday, June 1, 2009, at 7:00 p.m.
Next Council Meeting: Tuesday, May 26, 2009, at 7:00 p.m.
CITY OF MOUNDS VIEW
CITY COUNCIL MEETING AGENDA
MOUNDS VIEW CITY HALL
Monday, May 11, 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. National Public Works Week Proclamation – To Be Read Aloud By the Mayor
B. 2008 Audit presentation by Malloy, Montague, Karnowski, Radosevich, & Co., P.A.
7. COUNCIL BUSINESS
A. Second Reading of Ordinance 819, an Ordinance to Approve an Amendment to
Chapter 7, Section 7.03 of the City Charter Relating to Fees.
B. Resolution 7449, Authoring Severance for Police Officer Terry Broos
C. Resolution 7448, Appointing MMKR to Provide Auditing Services for the Years
Ended December 31, 2009, 2010, 2011
8. CONSENT AGENDA
A. Licenses for Approval
B. Resolution 7450, Approving a One Day Gambling Permit (BINGO) for Mounds
View Community Theatre on Saturday, August 22, 2009, during Mounds View
Festival in the Park.
C. Schedule a Public Hearing for June 8, 2009, at 7:05pm, a Resolution to Consider
an Off Sale Intoxicating Liquor License Renewal for ABC Liquor located at 2840
County Highway 10.
D. Schedule a Public Hearing for June 8, 2009, at 7:10pm, a Resolution to Consider
an Off Sale Intoxicating Liquor License Renewal for Vino & Stogies located at
2345 County Road H2.
E. Schedule a Public Hearing for June 8, 2009, at 7:15pm, a Resolution to Consider
an Off Sale Intoxicating Liquor License Renewal for Big Top Liquor located at
2577 County Highway 10.
City Council Agenda
Monday, May 11, 2009
Page 2
8. CONSENT AGENDA – Continued.
F. Schedule a Public Hearing for June 8, 2009, at 7:20pm, a Resolution to Consider
an On Sale Wine and 3.2 Malt Liquor License Renewal for Taiko Sushi Bar
located at 2394 County Highway 10.
G. Schedule a Public Hearing for June 8, 2009, at 7:25pm, a Resolution to Consider
an On Sale Intoxicating Liquor License Renewal for Totino’s Italian Kitchen
located at 2535 County Highway 10.
H. Schedule a Public Hearing for June 8, 2009, at 7:30pm, a Resolution to Consider
an On Sale Intoxicating Liquor License Renewal for Moe’s located at 2400 County
Highway 10.
I. Schedule a Public Hearing for June 8, 2009, at 7:35pm, a Resolution to Consider
an On Sale Intoxicating Liquor License Renewal for Robert’s Sports Bar and
Entertainment located at 2400 County Road H2.
J. Schedule a Public Hearing for June 8, 2009, at 7:40pm, a Resolution to Consider
an On Sale Intoxicating Liquor License Renewal for The Mermaid located at 2200
County Highway 10.
K. Schedule a Public Hearing for June 8, 2009, at 7:45pm, a Resolution to Consider
an Off-Sale 3.2 Malt Liquor License for SuperAmerica located at 2840 County
Road I.
L. Establish a Closed Session of the City Council on May 26, 2009 at 5:30 pm to
Review the City’s Emergency Management Procedures
9. JUST AND CORRECT CLAIMS
10. APPROVAL OF MINUTES
A. Monday, April 13, 2009, City Council Minutes.
11. REPORTS
A. Reports of Mayor and Council
B. Reports of Staff
1. Community Development Department First Quarter Report
C. Reports of City Attorney
12. Next Council Work Session: Monday, June 1, 2009, at 7:00 p.m.
Next Council Meeting: Tuesday, May 26, 2009, at 7:00 p.m.
CITY OF MOUNDS VIEW
OFFICE OF THE MAYOR
PROCLAMATION
WHEREAS, public works services provided in our community are an integral part of our citizens
everyday lives; and
WHEREAS, the support of an understanding and informed citizenry is vital to the efficient operation
of public works systems and programs such as water, sewers, streets and highways, public buildings,
and solid waste collection; and
WHEREAS, the health, safety, and comfort of this community greatly depends on these facilities and
services; and
WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design, and
construction is vitally dependent upon the efforts and skill of public works officials; and
WHEREAS, the efficiency of the qualified and dedicated personnel who staff public works
departments is materially influenced by the people’s attitude and understanding of the importance of
the work they perform,
NOW, THEREFORE, I, Joe Flaherty, Mayor of the City of Mounds View, do hereby proclaim the
week of May 17-23, 2009 as
“NATIONAL PUBLIC WORKS WEEK”
in The City of Mounds View, and I call upon all citizens and civic organizations to acquaint
themselves with the issues involved in providing our public works and to recognize the contributions
which public works officials make every day to our health, safety, comfort, and quality of life.
Given under my hand and Seal of the City of Mounds View, this 11th day of May, 2009.
(SEAL)
Joe Flaherty, Mayor
Item No: 7A
Meeting Date: May 11, 2009
Type of Business: CB
Administrator Review: ______
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Jim Ericson, Clerk-Administrator
Item Title/Subject: Second Reading and Adoption of Ordinance 819, an
Ordinance Amending Chapter 7, Section 7.03, of the City
Charter Relating to “Fees”
Background:
The Charter Commission has adopted a resolution to amend the City Charter in Section
7.03 relating to “fees”. The amendments serve to clarify which fees are subject to annual
increase limitations and referendum requirements. The limits, generally speaking, are as
follows:
Either the prior year tax levy dollar amount increased by a maximum of 5%, or
the Minneapolis / St. Paul CPI plus 2%, whichever is less.
The Charter Commission approved Resolution 2009-02d at their meeting on March 12,
2009. The resolution is attached for your reference.
Background:
A public hearing was held on April 13, 2009 to consider the first reading and introduction
of the subject ordinance. While the first reading was ultimately approved, there were two
questions raised regarding the language which I will restate and address in this report.
The ordinance was reviewed and discussed again on April 27, 2009. One minor change
was agreed to, however because not all Council members were in attendance, action
could not occur on the ordinance. The Chair of the Charter Commission, Jonathan
Thomas, was in attendance for the April 27th meeting of the Council and agreed that the
change would not alter the original intent of the Commission’s recommendation.
Discussion:
One of the proposed amendments to the Charter contemplated by Ord 819 is to exclude
the annual reauthorization of the utility franchise fee from the limitations imposed in
Section 7.03. Without the proposed exclusion, a strict interpretation of the Charter would
require that the City conduct a referendum EVERY year to continue with the gas and
electric franchise fee, which sunsets annually. The Council asked what happens when
the Franchises agreements expire and new Franchise agreements are adopted—would
the proposed exclusion apply even then? Staff’s interpretation is that the annual
reauthorization applies to the franchise fee and is not tied to approvals of new Franchise
agreements, which would occur Nov 2012 in the case of Xcel and July 2019 in the case of
CenterPoint. Chair Thomas did not disagree with this interpretation.
Ordinance 819
May 11, 2009
Page 2
The other issue raised by the Council addressed the broader aspect of how fee increases
are limited and under what circumstances a referendum would be required. The Charter,
in Section 7.03, imposes limitations on general fund levy increases and increases to
certain fees that are passed along to residents.
The City's annual resolution to levy ad valorem taxes (raising money
against real and personal property) shall not exceed the lesser of the
following formulas; either the prior year tax levy dollar amount increased
by a maximum of 5%, or CPI (Consumer Price Index) plus 2%. The CPI
shall be the 12 month average of the most recently published data for all
Urban Consumers in the Minneapolis, St. Paul metropolitan area, as
defined by the U.S. Department of Labor, Bureau of Labor Statistics.
Thus, it is not possible for the tax levy to increase by more than 5% from one year to the
next, and if the CPI is less than 3%, the maximum increase would be less than 5%. If the
proposed levy exceeds the cap, the proposed increase would need to be put to a vote of
the residents by referendum. The same increase limitations apply to certain fees
imposed and adopted by the City Council, such as the gas and electric utility franchise
fee. Chair Thomas confirmed that the fee increase restrictions are applied on a per fee
basis rather than on an aggregate computation. For example, if the Council desired to
increase the utility franchise fee back to 4% from 3.75%, that would result in an increase
of more than 6%, more than what is allowed by the formula in Subdivision 1.
Attached is Ordinance 819 which incorporates the language adopted by the Charter
Commission in Resolution 2009-02d in addition to the change made on April 27, which
was to strike the words “for certain fees” from the last line of Subdivision 3b of Section
7.03. This Ordinance is being presented for second reading and adoption, with an
effective date of August 19, 2009, if approved.
Recommendation:
Staff recommends the City Council approve the second reading and adoption of
Ordinance 819, an ordinance amending Chapter 7, Section 7.03, of the Mounds View City
Charter. Action on the ordinance requires a ROLL CALL VOTE. Staff further asks for
Council consent and direction to publish an ordinance summary in the newspaper
consistent with provisions of the City Charter.
Respectfully submitted,
________________________
James Ericson
Clerk-Administrator
19
ORDINANCE NO. 819
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE AMENDING CHAPTER 7, SECTION 7.03, OF THE
CITY CHARTER RELATING TO FEES SUBJECT TO PROVISIONS
OF SECTION 7.03, SUBDIVISIONS 1 AND 2
THE CITY OF MOUNDS VIEW DOES HEREBY ORDAIN:
SECTION 1. The City Council of the City of Mounds View, pursuant to the
recommendation of the City of Mounds View Charter Commission, has hereby
determined that Chapter 7, Section 7.03, Subdivision 3 of the City Charter be amended
with additions underlined and deletions stricken as follows:
CHAPTER 7
TAXATION AND FINANCES
…
Section 7.03 System of Taxation
…
Subdivision 3. Any other fee or levy, created, or increased beyond the limits set forth in
Subdivision 1, shall require voter approval as stipulated in Subdivision 2 of this Section.
a) For the purposes of this Section, "fee" includes utility charges (other than water, sanitary
sewer, storm water and street light), recycling fees, franchise fees (for cable, gas and
electric), Administrative offense fees, and shall also include any other fee that
produces a tax burden or direct financial obligation to a simple majority of property
owners and/or residents of Mounds View and not specifically excluded in Section
7.03 Subd. 3b.
b) For the purposes of this Section, the term "fee" does not include: Filing for Office fee,
park or recreational participation fees, charges for photo-copying, sales of municipal
liquor store products, Building and Zoning Permit or Inspection and Planning fees, or
civil, criminal and banking fines and other charges collected in cases of restitution or
violation of law or contract. The term “fee” does not include charges collected by the
direction of the State, County or other taxation authority, or as a result of joint powers
agreements. The term "fee" also does not include rental housing fees, liquor license
fees, cable television service franchise fees, annual license fees for the operation of a
regulated business, and any miscellaneous fees for services, including health and
safety related Code enforcement, and other goods, services or materials routinely
provided by the City to its citizens or other members of the public which, by law,
must be limited to that for those applicable, pursuant to MN Statute, the amount
charged shall reflect the actual cost of the service being provided. The term "fee"
shall not include any special assessments made under Minnesota Statutes Section 429,
as amended.
Ord 819
Page 2
c) For the purposes of this Section, "fee increase" includes a new tax or fee, a
monetary increase in an existing tax or fee, a tax or fee rate increase, an expansion
in the legal definition of a tax or fee base, and an extension of an expiring tax or fee,
excluding the annual recertification of the utility franchise fee.
SECTION 2. This ordinance shall take effect ninety days after the date of its publication.
Read by the Mounds View City Council on this 13th day of April, 2009.
Read and passed by the Mounds View City Council on this 27th day of April, 2009
Publication Date: May 21, 2009
Effective Date: August 19, 2009
__________________________________
Joe Flaherty, Mayor
ATTEST:
__________________________________
James Ericson, Clerk-Administrator
(SEAL)
ORDINANCE SUMMARY
ORDINANCE NO. 819
CITY OF MOUNDS VIEW
RAMSEY COUNTY
STATE OF MINNESOTA
AN ORDINANCE AMENDING CHAPTER 7, SECTION 7.03, OF THE
CITY CHARTER RELATING TO FEES SUBJECT TO PROVISIONS
OF SECTION 7.03, SUBDIVISIONS 1 AND 2
On May 11, 2009, the Mounds View City Council adopted an ordinance that amends the
City Charter relating to fees and those fees subject to increase limitations and the
referendum requirement.
The amendments clarify language, resolve inconsistencies and specifically excludes the
annual reauthorization of the gas and utility franchise fee as a new few subject a
referendum requirement.
The ordinance is on file and available for public viewing at the office of the Clerk
Administrator. In addition, the ordinance is posted in its entirety on the City’s website,
located at www.ci.mounds-view.mn.us
James Ericson
City Clerk-Administrator
Item No. 07L
Type of Business: CB
Meeting Date: May 11, 2009
City Administrator Review: _____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Desaree Crane, Assistant City Administrator
Item Title/Subject: Resolution 7449 Authorizing Severance for Police Officer Terry
Broos
Background
Officer Terry Broos has retired as a Mounds View Police Officer effective April 23, 2009. Attached
is Resolution 7449, which authorizes severance payment to Officer Terry Broos in accordance
with the LELS Union Contract.
Resolution 7449 provides for a payout of Officer Broos’ sick time into his Retirement Health
Savings Plan. In accordance with the LELS Union Contract, Officer Broos is authorized a sick
time payout totaling $16,466.96 to his Retirement Health Savings Plan. This is calculated as
729.87 accrued/banked sick hours times 65% times his hourly rate of $34.71.
Officer Broos does not have any accrued/unused vacation or comp time.
Recommendation
Staff recommends severance payment for Officer Terry Broos into his Retirement Health Savings
Plan.
Respectfully submitted,
Desaree Crane
RESOLUTION NO. 7449
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPROVING SEVERANCE FOR
POLICE OFFICER TERRY BROOS
WHEREAS, Officer Terry Broos has retired from the Mounds View Police Department
effective April 23, 2009; and
WHEREAS, the balance of accrued and unused sick leave time is 729.87 hours as of
April 23, 2009; and
WHEREAS, Officer Broos’ current rate of pay of $34.71 per hour; and
WHEREAS, the maximum potential payout of sick time will be 729.87 hours x 65% x
$34.71 = $16,466.96; and
WHEREAS, $16,466.96 will be contributed to Officer Broos’ Retirement Health Savings
Plan.
NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council approves a
one-time payout of sick time not to exceed $16,466.77 into Officer Terry Broos’ Retirement
Health Saving Plan.
Adopted this 11th day of May, 2009.
________________________________
Joe Flaherty, Mayor
ATTEST:
________________________________
Jim Ericson, Clerk-Administrator
(seal)
M:\MasterFiles\1999 thru 2010\2009\City Council\City Council Packets\05-11-09\Item 07C Reso 7448 MMKR Contract for Auditing Services.doc
Item No: 7.C.
Meeting Date: May 11, 2009
Type of Business: Council Business
Administrator Review: _____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Mark Beer, Finance Director
Item Title/Subject: Resolution 7448 Appointing MMKR to Provide Auditing
Services for the Years Ended December 31, 2009, 2010, 2011
The City’s contract for auditing services has expired with the 2008 audit. The auditing firm of
Malloy, Montague, Karnowski, Radosevich, & Co., P.A. (MMKR) has performed and provided
audit services that have been beneficial to the City. MMKR has provided at staff’s request an
extension of audit services for the years’ ending December 31, 2009, 2010, and 2011 for
Council consideration. The City has received more than satisfactory service from MMKR and
the proposed fees reflect minimal increases for 2009, 2010, and 2011. The fee for the 2008
audit was $28,000 plus expenses.
The proposed fee for 2009 is $28,600 plus expenses, 2010 - $29,200 + expenses, and 2011 -
$29,800 + expenses.
Resolution 7448 appointing MMKR as auditors for the years ended December 31, 2009, 2010,
and 2011 is attached for your approval. I have also attached the engagement letter that will be
signed by the Mayor, the letter of estimated fees for the next three years, and MMKR’s peer
review.
Respectfully submitted,
________________________
Mark Beer
M:\MasterFiles\1999 thru 2010\2009\City Council\City Council Packets\05-11-09\Item 07C Reso 7448 MMKR Contract for Auditing Services.doc
RESOLUTION NO. 7448
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPOINTING MMKR TO PROVIDE AUDITING SERVICES FOR
THE YEARS ENDED DECEMBER 31, 2009, 2010, 2011
WHEREAS, Minnesota Statue 471.697 requires all cities with a population
over 2,500 to have an annual audit and submit an audited financial report to the state
auditor office; and
WHEREAS, Malloy, Montague, Karnowski, Radosevich, & Co., P.A. (MMKR)
has provided the City of Mounds View with financial auditing services that have been
beneficial to the City at a cost of $28,000 for 2008; and
WHEREAS, MMKR has provided a letter of engagement that outlines the
services which they will perform; and
WHEREAS, the audit services described include the base audit, GASB 34
requirements, and the fraud audit requirements for an estimated total of $28,600 plus
direct expenses for 2009, $29,200 plus direct expenses for 2010, and $29,800 plus
direct expenses for 2011.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Mounds View does hereby authorize the Mayor to sign an engagement letter with
MMKR for the provision of auditing services for the years ended December 31, 2009,
2010, 2011.
Adopted this 11th day of May, 2009.
________________________________
Joe Flaherty, Mayor
ATTEST:
________________________________
James Ericson, Clerk-Administrator
(SEAL)
Item No: 08A
Meeting Date: Ma y 11, 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.
Earth Wizards, Inc. Asphalt Renewal
Mobile Home Improvement HVAC Renewal
Ray N. Welter Heating Company HVAC New
Steve’s Quality Tree Service Tree Trimming/Removal Renewal
Suburban Air Conditioning HVAC Renewal
Staff Recommendation: Approve license applications as requested.
Item No: 08B
Meeting Date: May 11, 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 7450, Approving a Charitable Gambling One-Day
Permit (BINGO) for the Mounds View Community Theatre on
the August 22, 2009, during Mounds View Festival in the
Park
The Mounds View Community Theatre, a non-profit charitable organization, would
like to hold a Bingo Game on August 22, 2009, at the Mounds View City Hall Park,
for the Mounds View Festival in the Park celebration.
The Mounds View Community Theatre is located in Mounds View, and they have
more than 30 active members. This meets the requirements of the Mounds View
City Code.
The Gambling Control Board requires that local unit of government (city or county),
pass a resolution specifically approving or denying the Premises Permit
Application. This resolution (approving or denying the application) must be voted
on and the resolution forwarded to the Minnesota Gambling Control Board.
Recommendation:
Staff recommends approval of the One-Day Charitable Gambling Permit for the
Mounds View Community Theatre at the location and date stated above.
Respectfully Submitted,
Desaree M. Crane
RESOLUTION NO. 7450
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
APPROVING A PERMIT APPLICATION FOR THE MOUNDS VIEW
COMMUNITY THEATRE, A CHARITABLE ORGANIZATION TO CONDUCT
CHARITABLE GAMBLING FOR THE MOUNDS VIEW FESTIVAL IN THE
PARK CELEBRATION ON AUGUST 22, 2009
WHEREAS, the Mounds View Community Theatre has requested that the
City Council allow them to conduct charitable gambling (BINGO) at the Mounds
View City Park for the Mounds View Festival in the Park celebration; 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 Mounds View Community Theatre, is in compliance with
all requirements of the Mounds View Municipal Code with regard to charitable
gambling regulations; and
WHEREAS, the Mounds View Community Theatre has requested a one-
day charitable gambling permit; and
WHEREAS, the Mounds View Community Theatre will be conducting
BINGO for the Mounds View Festival in the Park celebration on August 22, 2009.
NOW, THEREFORE, BE IT RESOLVED that the Mounds View City
Council does hereby authorize Mounds View Community Theatre, to conduct
charitable gambling at the Mounds View City Park on August 22, 2009, located at
2401 Highway 10 in Mounds View.
Adopted this 11th day of May, 2009.
_______________________________
Joe Flaherty, Mayor
ATTEST: _______________________________
James Ericson, Clerk-Administrator
(seal)
Corrections made by Mayor Flaherty, Councilmembers Hull, Mueller, and Gunn. Clerk -Administrator Ericson, Asst Clerk -Administrator Crane, Community Development Director Roberts, and Economic Deve. Spec. Steinmetz.
PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1
CITY OF MOUNDS VIEW 2
RAMSEY COUNTY, MINNESOTA 3
4
Regular Meeting 5
April 13, 2009 6
Mounds View City Hall 7
2401 Highway 10, Mounds View, MN 55112 8
7:13 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, April 13, 2009, City Council Agenda. 21
22
MOTION/SECOND: Mueller/Stigney. To Approve the Monday, April 13, 2009, agenda as 23
presented. 24
25
Ayes – 5 Nays – 0 Motion carried. 26
27
5. PUBLIC INPUT 28
29
Tom Kosel, 8120 Jackson Drive, reported on the disturbance caused by a construction company, 30
which he found to be a joyful sound because it is in preparation of the street project. He thanked 31
the Council, staff and consultants, past and present, Task Force, and Street Committee members 32
for their work on the street project. 33
34
6. SPECIAL ORDER OF BUSINESS 35
A. Resolution of Recognition for Irondale High School Girls Hockey Team 36
2008-2009. 37
38
Mayor Flaherty invited the Irondale High School Girls Hockey coach and team to step forward 39
and introduced themselves. He then read in full and presented a resolution of recognition for 40
their State Consolation win. The Council and audience responded with a round of applause. 41
42
RECESS AND RECONVENE 43
44
45
Mounds View City Council April 13, 2009
Regular Meeting Page 2
1
MOTION/SECOND: Gunn/Mueller. To Recess the Council Meeting and Reconvene the EDA 2
Meeting at 7:23 p.m. to complete the EDA agenda. 3
4
Ayes – 5 Nays – 0 Motion carried. 5
6
Mayor Flaherty reconvened the Council Meeting at 8:03 p.m. 7
8
7. COUNCIL BUSINESS 9
A. 7:05 p.m. Public Hearing, First Reading of Ordinance 819, an Ordinance to 10
Approve an Amendment to Chapter 7, Section 7.03 of the City Charter 11
Relating to Taxation and Finances. 12
13
Clerk-Administrator Ericson presented the Charter Commission’s recommendation for 14
amendments to revise Charter language related to fees. If the Council approves First Reading 15
tonight, Second Reading would be considered on April 27, 2009. 16
17
Mayor Flaherty opened the public hearing at 8:07 p.m. 18
19
Hearing no public input, Mayor Flaherty closed the public hearing at 8:07 p.m. 20
21
MOTION/SECOND: Mueller/Hull. To Waive the Reading, Approve the First Reading, and 22
Introduce Ordinance 819, Amending Chapter 7, Section 7.03, of the City Charter Relating to 23
Fees subject to Provisions of Section 7.03, Subdivisions 1 and 2. 24
25
Council Member Stigney questioned the ordinance wording for annual re-certification and if the 26
increase is the total of all fees, or each individual fee. Clerk-Administrator Ericson stated the 27
intent of the language that applicable fee may increase by more than 5% or the CPI plus 2%, 28
whichever is less. The Xcel and Centerpoint Energy franchise limit the franchise fee to a 29
maximum 4% and once the franchise expires in 2012, it can be looked at again. Council 30
Member Stigney stated the Charter language should identify and resolve that question now, not 31
in 2012. 32
33
Mayor Flaherty stated this language is being recommended because it is not known what will 34
happen in 2012. Clerk-Administrator Ericson stated there are two components. He explained 35
that the franchise fees sunset each year by Council order so prior to this proposed amendment, a 36
referendum vote of the residents would have been required each year, which was not the intent of 37
the Charter Commission. 38
39
City Attorney Riggs stated the explanation of Clerk-Administrator Ericson is correct. 40
41
Council Member Stigney stated the language addresses half of the question but leaves the other 42
half open. 43
44
45
Mounds View City Council April 13, 2009
Regular Meeting Page 3
1
The Council discussed its interpretation of the Charter amendment. 2
3
Clerk-Administrator Ericson stated he will contact the Charter Commission regarding this 4
discussion and request clarification prior to consideration of Second Reading. 5
6
Ayes – 5 Nays – 0 Motion carried. 7
8
B. Resolution 7432, Authorizing a Residential Kennel License for William 9
Carlson and Georganne Neitz, located at 8041 Long Lake Road. 10
11
Assistant Clerk-Administrator Crane presented the request of William Carlson and Georganne 12
Neitz, 8041 Long Lake Road, for a residential kennel license. She advised they have submitted a 13
petition signed by more than 50% of registered landowners within 500 feet, which has been 14
verified. There have been no reported Police complaints or incidents and all applicable fees have 15
been paid for this license. Staff recommends approval. 16
17
Mayor Flaherty opened the floor for public comment. There were no comments. 18
19
Dan Larson, 8046 Woodlawn Drive, stated he lives behind the applicant and has no objection. 20
21
Mayor Flaherty asked if there have been any complaints with barking or cleanup. 22
23
Georganne Neitz, 8041 Long Lake Road, applicant, stated there have been none, they take good 24
care of their dogs, and understand the requirements should they adopt a fourth dog. 25
26
MOTION/SECOND: Mueller/Gunn. To Waive the Reading and Adopt Resolution 7432, 27
Approving a Residential Kennel License located at 8041 Long Lake Road for William Carlson 28
and Georganne Neitz. 29
30
Clerk-Administrator Ericson recommended the first Whereas of the resolution be amended to 31
clarify there will be four dogs. 32
33
Ms. Neitz assured the Council that the residents who signed the petition were aware there would 34
be four dogs. 35
36
Council Members Mueller and Gunn agreed with a friendly amendment to revise the first 37
Whereas and fourth Resolved paragraphs to indicate there will be four dogs. 38
39
Council Member Stigney noted the requirement that the property has to be properly cleaned in a 40
sanitary condition. Assistant Clerk-Administrator Crane advised the property has been inspected 41
so that condition can be removed as met. 42
43
Council Members Mueller and Gunn agreed with a friendly amendment to remove that condition 44
since the property has been inspected. 45
Mounds View City Council April 13, 2009
Regular Meeting Page 4
1
Ayes – 5 Nays – 0 Motion, as amended, carried. 2
3
C. Resolution 7430, Approving Intent to Exercise the Opt Out Clause of the 4
Contract with Visit Minneapolis North CVB effective December 31, 2009. 5
6
Economic Development Specialist Steinmetz presented staff’s recommendation to opt out of the 7
contract with Visit Minneapolis North, effective December 31, 2009. She advised that it appears 8
only three cities, located west of the Mississippi River, will remain with Visit Minneapolis 9
North. Economic Development Specialist Steinmetz explained that a new convention and 10
visitor’s bureau may be forming to serve the cities that have opted out along with the National 11
Sports Center. 12
13
Mayor Flaherty opened the floor for public comment. 14
15
John Connelly, Director of Sales and Development of the National Sports Center, spoke on 16
behalf of the five-city coalition formed to create a new convention and visitor’s bureau. He 17
stated their primary focus is to narrow the marketing strategy and geographic area and find unity 18
in how the dollars should be spent. 19
20
Mayor Flaherty asked what will be different with the new coalition regarding the 21
disproportionate percentages spent towards the National Sports Center and Arbor Lakes. Mr. 22
Connelly stated they will now be awarded based on performance so there is incentive to generate 23
out-of-town visitors that need hotel nights/gas/retail. In addition, the National Sports Center has 24
no oversight in how the funds are spent, that will be the decision of the Coalition. 25
26
Council Member Mueller asked how the bureau will use the 3% fees collected from member 27
cities to produce advertising and promotional materials to draw people. Mr. Connelly stated it is 28
spent to promote member cities and attract out-of-town visitors for lodging. 29
30
Council Member Mueller stated her understanding there were more hotel/motel units on the west 31
side of the River so the promotional materials were skewed to those areas. She asked how the 32
member cities of a new CVB will be promoted. Mr. Connelly stated the governing structure will 33
be tighter and contain equal representation of member cities plus the hotel/motel owners. He 34
agreed that each property needs to be marketed with equality and noted that pooling resources 35
will result in one cooperative buy that is more easily managed. Mr. Connelly stated resources 36
will be dedicated to on-line internet marketing, which is more efficient than printed flyers and 37
hard sales. 38
39
Council Member Mueller asked if business owners will also be assisted with updating their 40
internet presence. Mr. Connelly stated the Chamber of Commerce and economic development 41
information will be available online. 42
43
Mayor Flaherty asked whether the Council will receive updated information as the bureau is 44
formed. Mr. Connelly answered in the affirmative. 45
Mounds View City Council April 13, 2009
Regular Meeting Page 5
1
2
Natallia Mattke, Director of Sales & Catering for The Mermaid and resident of 5358 Clifton 3
Drive, stated that Visit Minneapolis North is well known but that would not be the case with the 4
new bureau so a large budget will be needed to become established and represent a large number 5
(9-10) of cities. She explained most of their business is corporate meetings and conventions, not 6
sports teams. Currently, The Mermaid is on the same level as Northland Inn and the Earle 7
Brown Center so she is skeptical whether a new bureau run by two people will provide the same 8
high level of representation for The Mermaid or be able to target their market. Ms. Mattke stated 9
The Mermaid is satisfied with the representation received from Visit Minneapolis North and if 10
Mounds View does not opt out now, it can remain in Visit Minneapolis North through 2010. 11
12
Mayor Flaherty stated it appears there is a good chance that Mounds View will be asked to leave 13
Visit Minneapolis North by the end of 2009 and it is hoped that a new bureau will be well 14
organized to represent Mounds View businesses. 15
16
Clerk-Administrator Ericson noted the legislation that created the ability to establish a lodging 17
tax was to promote the city and hotels. The cities will be forming this entity through a joint 18
powers agreement to promote and market its area for tourism so a partnership with the lodging 19
properties is needed. He stated that with a different focus on Mounds View, maybe The 20
Mermaid will gain business from sports teams. 21
22
Ms. Mattke stated by the time the sports teams come, they are already booked with a lower 23
negotiated rate plus a commission paid to the National Sports Center. 24
25
Dan Hall, representing The Mermaid, stated it is also during the time of year that they are booked 26
for weddings. He explained how they bid for convention business but if The Mermaid is the only 27
convention center in the bureau, he would wonder why a group would come to this area. 28
However, if they are part of a bureau with established business, there is more business and it is 29
based on hotel business instead of sports business. They also make application for grants and it 30
is not known if that will be available with a new bureau. 31
32
Council Member Gunn noted some of the Visit Minneapolis North member cities are not close to 33
Mounds View but John Connelly has connections and knows this business. Also, Mounds View 34
may not have an option so she supports the resolution. 35
36
MOTION/SECOND: Gunn/Hull. To Waive the Reading and Adopt Resolution 7430, 37
Approving Intent to Exercise the Opt Out Clause of the Contract with Visit Minneapolis North 38
CVB effective December 31, 2009. 39
40
Council Member Mueller commented on the Minneapolis and St. Paul crime rate and stated she 41
thinks a new bureau could have a more dynamic name and create opportunities for Mounds View 42
businesses. 43
44
45
Mounds View City Council April 13, 2009
Regular Meeting Page 6
1
2
Clerk-Administrator Ericson clarified that the new bureau is not a National Sports Center 3
charged organization but the cities do acknowledge the National Sports Center will be a great 4
partner. He indicated that member cities will assure the many tourism opportunities in this area 5
will be promoted. 6
7
Ayes – 5 Nays – 0 Motion carried. 8
9
D. Resolution 7426, Approving the Mermaid 2nd Addition Final Plat. 10
11
Community Development Director Roberts presented the request of The Mermaid for final plat 12
approval and indicated that nothing has changed since preliminary plat consideration. 13
14
MOTION/SECOND: Gunn/Hull. To Waive the Reading and Adopt Resolution 7426, 15
Approving the Mermaid 2nd Addition Final Plat. 16
17
Council Member Mueller asked if the City has a copy of the hold harmless agreement 18
acknowledging the two buildings. City Attorney Riggs stated his staff is working on that 19
agreement and that requirement is contained as Condition 3. 20
21
Ayes – 4 Nays – 1 (Stigney) Motion carried. 22
23
E. Resolution 7433, Authorizing Application for the 2009 COPS Police Hiring 24
Grant. 25
26
Police Chief Sommer presented staff’s recommendation to submit a grant application for funding 27
under the COPS hiring program that will cover 100% of the hiring cost for three years with the 28
condition that the officer will be retained for an additional year. 29
30
Mayor Flaherty opened the floor for public comment. There was none. 31
32
MOTION/SECOND: Mueller/Gunn. To Waive the Reading and Adopt Resolution 7433, 33
Authorizing Approval to Proceed with a Grant Application to the Department of Justice COPS 34
Hiring Program for one new Police Officer. 35
36
Council Member Stigney asked if the Mounds View Police Department is short staffed. Police 37
Chief Sommer stated one officer is retiring and there will be a lag in hiring a replacement for that 38
position. 39
40
Council Member Hull asked when the other two Sergeants are expected to retire. Police Chief 41
Sommer stated they have not indicated a date; however, it is anticipated to occur within three to 42
four years. Council Member Hull noted Police Chief Sommer had previously indicated the 43
current level of staff was satisfactory. Police Chief Sommer stated that was before they were 44
aware of this grant opportunity. 45
Mounds View City Council April 13, 2009
Regular Meeting Page 7
1
2
Council Member Stigney noted the Mounds View Police Department is not understaffed and it is 3
too late to apply this grant to the position for the officer who is retiring. He stated he felt this 4
grant was for cities that are short staffed due to funding, and since it would create a new position 5
in Mounds View, he does not support making application for the grant. 6
7
Council Member Mueller stated her support for the grant application because two to three 8
officers are expected to retire in the next four years and creative scheduling has been needed to 9
meet the needs of the community when officers are out due to injuries or testifying in court. The 10
grant funding will allow Mounds View to start an officer at Step One with three of the four years 11
paid by the grant including Step increases and benefits. Council Member Mueller suggested that 12
an additional officer may have been requested had it not been for the City’s tight budget. 13
14
Council Member Stigney asked Council Member Mueller whether she favors adding an 15
additional officer over and above the current 19 sworn officers, creating a staff of 20. Council 16
Member Mueller responded that the grant gives the City the opportunity to have an officer 17
trained and ready to fill the gap when someone leaves through attrition or retiring. She noted that 18
the number of burglaries, transients, and other issues have increased and the safety of Mounds 19
View is important so this is the right thing to do. She stated that a decision may be made by a 20
future Council to increase the workforce to 20 and the grant will allow three years to be paid. 21
22
Council Member Stigney offered a friendly amendment that after stabilizing the police force, it 23
will be reduced to 19 officers. 24
25
Council Member Mueller did not accept the friendly amendment. 26
27
Mayor Flaherty questioned the intent of the grant program and asked whether the intent was for 28
communities that had to lay off an officer or cut back hours due to budget restraints. Police 29
Chief Sommer stated the grant intent a two-fold. One intent is to backfill positions vacated that 30
were not filled because of budgets and the other intent is to fund additional police over and above 31
the current level to put additional police on the street to deal with crime, which is a priority of the 32
federal government. 33
34
Finance Director Beer stated they do not know how the grant will be scored and noted that one 35
question asks whether the city is laying off or not hiring officers. Because the City would not 36
meet that criteria, the grant may not be awarded to Mounds View. 37
38
Council Member Gunn stated her support for making grant application, noting the survey 39
indicated residents feel there is a need for extra police patrolling. 40
41
Mayor Flaherty noted the City would have to budget the salary in the fourth year, which would 42
have to come from taxes. He stated he would not want to encumber the action of a future 43
Council. 44
45
Mounds View City Council April 13, 2009
Regular Meeting Page 8
1
2
Council Member Stigney stated it would encumber a future Council because an officer would 3
have to be laid off. 4
5
Mayor Flaherty agreed it would be difficult to take away an officer but perhaps there will be a 6
future grant or a retiring position will not be filled. 7
8
Council Member Gunn stated the force would be increased to 20 for four years, one year being 9
paid by Mounds View, but during that time some officers will be retiring. She stated that a new 10
Council may decide to not fill one or more of those retiring positions. 11
12
Council Member Mueller stated she is not saying she supports having 20 officers into perpetuity 13
but supports making application for the grant with the knowledge that several officers will be 14
retiring in the next few years. 15
16
Ayes – 3 Nays – 2 (Stigney, Hull) Motion carried. 17
18
F. Resolution 7440, Authorizing the Purchase of a Replacement Squad Car for 19
the Police Department. 20
21
Police Chief Sommer presented staff’s recommendation to purchase a replacement squad car, 22
noting $58,000 had been budgeted to replace two squad cars but the recommendation is to 23
purchase one. 24
25
Mayor Flaherty thanked Police Chief Sommer for taking the steps to purchase only one squad 26
car. 27
28
MOTION/SECOND: Mueller/Flaherty. To Waive the Reading and Adopt Resolution 7440, 29
Authorizing 2009 Squad Car Purchase. 30
31
Council Member Stigney stated many cities have extended their replacement cycle and 32
questioned the validity of maintaining a five-year replacement cycle. Police Chief Sommer 33
explained that the squad car is a tool for all of their work, designed to be more sturdy, and 34
important to be working properly. He stated that a five-year replacement cycle is desirable and 35
appropriate for their use. 36
37
Council Member Mueller asked what happens to the money when the squad car is auctioned. 38
Police Chief Sommer stated the funds are placed in the General Fund. Finance Director Beer 39
stated the value is generally low, about $1,500. 40
41
Council Member Stigney stated everything is desirable, such as a five-year replacement cycle, 42
but with budget constraints maybe it should be stretched one additional year. Then, if a vehicle 43
needs to be replaced early, it can be presented to the Council. 44
45
Mounds View City Council April 13, 2009
Regular Meeting Page 9
Council Member Mueller asked if the City has management material to determine the best time 1
to replace a vehicle. Finance Director Beer stated maintenance records are kept but not the cost 2
of that maintenance work. 3
4
The Council discussed the number of vehicles replaced last year, noting the City maintains an 11 5
vehicle fleet. Patrol vehicles are kept for five years but other vehicles are kept for a longer period 6
of time. 7
8
Ayes – 5 Nays – 0 Motion carried. 9
10
G. Second Reading of Ordinance 818, an Ordinance Amending Chapter 1106 of 11
the City Code (Conditional Use Permits for Dynamic Display Signs) (ROLL 12
CALL VOTE). 13
14
Community Development Director Roberts presented the ordinance amendment to address 15
conditional use permits (CUP) for dynamic display signs and recommended adoption upon roll 16
call vote and to publish the ordinance in summary. 17
18
MOTION/SECOND: Gunn/Hull. To Waive the Reading, Approve the Second Reading, and 19
Adopt Ordinance 818, an Ordinance Amending Chapter 1106 of the City Code (Conditional Use 20
Permits for Dynamic Display Signs) and to Publish in Summary. 21
22
Council Member Stigney questioned whether the language is adequate should the sign become an 23
annoyance to adjoining properties. Community Development Director Roberts stated he is 24
confident the CUP language and Sign Code language adequately addresses that matter. 25
26
Council Member Mueller asked if this ordinance should be published in full since owners of 27
dynamic signs may need to know this information. Clerk-Administrator Ericson stated the 28
ordinance will be posted in full on the City’s website, staff has already notified affected 29
properties, and explained this is a very large ordinance so it would not be cost effective to 30
publish in full in the newspaper. The City has already mailed out letters to all of the sign owners 31
affected so they are aware of the changes. 32
33
ROLL CALL: Hull/Stigney/Muller/Gunn/Flaherty. 34
35
Ayes – 5 Nays – 0 Motion carried. 36
37
H. Resolution 7437, Approving the Purchase Agreement for Wetland Banking 38
Credits for the County Road 10 Trailway Project: Segments 1-5 Project, and 39
Authorizing Payment. 40
41
Joe Rhein, Consulting Engineering with Bonestroo, presented staff’s recommendation to 42
purchase wetland banking credits to meet the requirement to mitigate wetland impacts at a ratio 43
of 2:1 for Segments 1-5 of the County Road 10 trail project. He presented the purchase 44
agreement, which had been reviewed and approved by the Seller and City Attorney, totaling 45
Mounds View City Council April 13, 2009
Regular Meeting Page 10
$3,659.04 plus administrative fees to BWSR of $237.83. 1
2
Council Member Stigney asked if Mounds View has any banked wetland credits. Mr. Rhein 3
stated they checked but the City has no wetland credits remaining. 4
5
MOTION/SECOND: Gunn/Mueller. To Waive the Reading and Adopt Resolution 7437, 6
Approving the Purchase Agreement for Wetland Banking Credits for the County Road 10 7
Trailway Project: Segments 1-5 Project, and Authorizing Payment. 8
9
Ayes – 5 Nays – 0 Motion carried. 10
11
I. Resolution 7438, Approving Change Order No. 1 to the Construction 12
Contract for the 2009-2010 Street and Utility Improvement Project. 13
14
Mr. Rhein presented staff’s recommendation to approve Change Order No. 1 and clarified that it 15
is not changing the scope of the project. He explained that a number of root control locations 16
were identified in the project so it was discussed and decided to include it in the bid and to ask 17
the contractor if a reduced price could be obtained if that work was expanded. The contractor 18
agreed to reduce the price by 12% and Public Works indicated they would not be able to obtain a 19
better price. Staff determined some spot repairs were needed but slip lining was able to address 20
that repair at a lower cost. The Change Order adds that work into the contract and deletes some 21
spot repairs. The net result adds $113,552.17 to the contract, which is $11,000 less than the 22
budgeted amount. 23
24
Council Member Mueller asked about the need to follow the bid process since the work is over 25
$100,000. Mr. Rhein reviewed the competitive bidding laws and explained that process would 26
have resulted in a 6-8 week project delay but the Change Order process would allow the work to 27
be underway next week. In this case, the rules allow a Change Order process because it is a $4 28
million project and the change is only $100,000. 29
30
Mr. Rhein stated the budget includes $15,000 to $20,000 for chemical root application but it 31
takes 6-8 years to treat the entire City and the roots can grow back within one year. Slip lining is 32
more expensive but saves costs since it lasts 80-100 years, as long as the pipe itself. 33
34
Mayor Flaherty stated he does not like change orders, especially for a project that has not yet 35
started. Finance Director Beer advised the $113,000 is already budgeted in the Sewer Fund for 36
root control and slip lining. 37
38
MOTION/SECOND: Mueller/Hull. To Waive the Reading and Adopt Resolution 7438, 39
Approving Change Order No. 1 to the Construction Contract for the 2009-2010 Street and Utility 40
Improvement Project. 41
42
43
44
45
Mounds View City Council April 13, 2009
Regular Meeting Page 11
1
2
Council Member Stigney asked if budgeting is required for spot chemical treatment and how 3
much money this work will save. Mr. Rhein explained there are a large number of sewer lines 4
outside of the first project area with root problems so until they are all slip lined, chemical root 5
control will continue to be needed. 6
7
Council Member Mueller asked whether there are funds remaining should additional spot 8
chemical treatment be needed. Finance Director Beer stated $10,000 remains for maintenance 9
work. 10
11
Ayes – 5 Nays – 0 Motion carried. 12
13
J. Resolution 7439, Authorizing Preparation of the Required Municipal 14
Separate Storm Sewer System Mapping Components. 15
16
Mr. Rhein explained this involves the Municipal Separate Storm Sewer System (M4S) 17
component of the City’s National Pollution Discharge Elimination System (NPDES) permit 18
requiring the creation of a map of the City’s storm sewer system. It has been determined the 19
City’s current map is not sufficient. The map requirement for the Surface Water Management 20
Plan (SWMP) is similar to the requirement for the M4S map and it is estimated to cost $3,100 to 21
prepare the required M4S map. Mr. Rhein explained that by combining the work on the two 22
maps, there will be a $200 savings because two large sets of maps do not need to be printed. He 23
reviewed the schedule for completion of the SWMP and M4S maps and recommended approval 24
of the draft resolution to authorize preparation of the map. 25
26
MOTION/SECOND: Stigney/Mueller. To Waive the Reading and Adopt Resolution 7439, 27
Authorizing Preparation of the Required Municipal Separate Storm Sewer System Mapping 28
Components. 29
30
Ayes – 5 Nays – 0 Motion carried. 31
32
K. Resolution 7428 Approving the Purchase of Mailboxes for the 2009-10 SUIP. 33
34
Mr. Rhein presented quotes for the purchase of 200 mailboxes, noting the low vendor is Spring 35
Lake Park Lumber in the amount of $1,810. He advised that seasonal employees will attach the 36
mailbox flags. 37
38
Council Member Stigney noted the resolution indicates mailbox posts, rather than mailboxes. 39
40
The Council agreed a correction was needed in the Now Therefore paragraph to eliminate the 41
word “posts” and to indicate that 200 mailboxes will be purchased. 42
43
Council Member Mueller stated Eagle Scouts are often looking for community service projects 44
and asked if they could attach the mailbox flags. Mr. Rhein stated he will check with staff. 45
Mounds View City Council April 13, 2009
Regular Meeting Page 12
1
MOTION/SECOND: Gunn/Mueller. To Waive the Reading and Adopt Resolution 7428, 2
Authorizing the Purchase of Basic Black Mailboxes for the 2009-10 Street and Utility 3
Improvement Project, as corrected. 4
5
Council Member Stigney requested a copy of the mailbox grouping map. 6
7
Ayes – 5 Nays – 0 Motion carried. 8
9
L. Resolution 7434, Designating the 2008 Mounds View Citizenship Award. 10
11
Assistant Clerk-Administrator Crane reviewed that two nominations had been made and it was 12
Council’s consensus to award Barbara Haake with the 2008 Mounds View Citizenship Award. 13
14
Assistant Clerk-Administrator Crane read the resolution in full. 15
16
MOTION/SECOND: Flaherty/Mueller. To Waive the Reading and Adopt Resolution 7434, 17
Designating the 2008 Mounds View Citizenship Award. 18
19
Mayor Flaherty stated this is a well-deserved award for Ms. Haake. 20
21
Ayes – 5 Nays – 0 Motion carried. 22
23
M. Resolution 7441, Adding Fees to the 2009 Mounds View Fee Schedule. 24
25
Assistant Clerk-Administrator Crane presented staff’s recommendation to add two fees to the 26
schedule, one related to a refundable $250 deposit for an Outdoor Special Events permit and the 27
other a $50 fee for filing to request an Administrative Hearing for nuisance based code 28
violations. 29
30
MOTION/SECOND: Gunn/Mueller. To Waive the Reading and Adopt Resolution 7441, 31
Revising the 2009 Fee Schedule. 32
33
Ayes – 5 Nays – 0 Motion carried. 34
35
N. Resolution 7435, Approving a Step Increase for James Ericson, Clerk-36
Administrator. 37
38
Assistant Clerk-Administrator Crane presented staff’s recommendation for a step increase for 39
Clerk-Administrator Ericson based on the Council’s review and finding he has satisfactorily 40
performed in the capacity of his position and consistent with the Employment Agreement on file. 41
42
Assistant Clerk-Administrator Crane read the resolution in full. 43
44
45
Mounds View City Council April 13, 2009
Regular Meeting Page 13
1
2
Mayor Flaherty stated the Council held a closed session to review the performance of James 3
Ericson in his capacity as Clerk-Administrator. The Council’s unanimous consensus was that 4
Mr. Ericson is doing a wonderful job in how he conducts himself professionally and as a co-5
worker. 6
7
Council Member Stigney noted Mr. Ericson’s supervisor is actually the City Council. 8
9
Council consensus was reached to amend the resolution to change the word “supervisor” to “the 10
City Council” and the word “water” to “wage.” 11
12
MOTION/SECOND: Flaherty/Mueller. To Waive the Reading and Adopt Resolution 7435, 13
Approving Step Wage Adjustment, as corrected. 14
15
Ayes – 5 Nays – 0 Motion carried. 16
17
8. CONSENT AGENDA 18
19
Council Member Gunn asked to remove Item B. Mayor Flaherty asked to remove Item E. 20
21
A. Licenses for Approval. 22
B. Set a Public Hearing for Monday, April 27, 2009, at 7:05 p.m. for a 23
Conditional Use Permit Request for Robert’s Sports Bar (2400 County Road 24
H2). 25
C. Resolution 7436, Authorizing the Purchase of Employee Gift Certificates for 26
the June 17, 2009 Employee Appreciation Day. 27
D. Resolution 7431, a Resolution to Renumber Resolution 8006 (originally 28
adopted June 27, 2007) to Resolution 7134b. 29
E. Resolution 7429, Accepting Donation from Bethlehem Baptist Church. 30
31
MOTION/SECOND: Mueller/Hull. To Approve the Consent Agendas A, C and D. 32
33
Ayes – 5 Nays – 0 Motion carried. 34
35
B. Set a Public Hearing for Monday, April 27, 2009, at 7:05 p.m. for a 36
Conditional Use Permit Request for Robert’s Sports Bar (2400 County Road 37
H2). 38
39
Council Member Gunn alerted the Council that the Planning Commission had a long and detailed 40
discussion about this application and suggested they view the Commission’s meeting to become 41
aware of the concerns. 42
43
44
45
Mounds View City Council April 13, 2009
Regular Meeting Page 14
MOTION/SECOND: Gunn/Stigney. To Set a Public Hearing for Monday, April 27, 2009, at 1
7:05 p.m. for a Conditional Use Permit Request for Robert’s Sports Bar (2400 County Road H2). 2
3
Ayes – 5 Nays – 0 Motion carried. 4
5
E. Resolution 7429, Accepting Donation from Bethlehem Baptist Church. 6
7
Mayor Flaherty recognized and thanked Bethlehem Baptist Church for its donation and indicated 8
how it would be used. 9
10
Council Member Mueller extended her appreciation for the donation and commented on the 11
landscaping along the County Road and gateway signs being promoted as an Eagle Scout project. 12
13
Council Member Stigney asked why the funding for the YMCA program is higher this year. 14
Clerk-Administrator Ericson stated it is an after school program serving Edgewood Middle 15
School children and but for this donation, the program would not exist. 16
17
MOTION/SECOND: Flaherty/Gunn. To Waive the Reading and Adopt Resolution 7429, 18
Accepting Donation from Bethlehem Baptist Church. 19
20
Ayes – 5 Nays – 0 Motion carried. 21
22
9. JUST AND CORRECT CLAIMS 23
24
Mayor Flaherty referenced Page 14 and asked about the payment schedule for the League. 25
Finance Director Beer stated it is quarterly but this payment is for the first two quarters of 2009 26
because they do not bill until the policy is issued. 27
28
MOTION/SECOND: Gunn/Mueller. To Approve the Just and Correct Claims as Presented. 29
30
Ayes – 5 Nays – 0 Motion carried. 31
32
10. APPROVAL OF MINUTES 33
A. Monday, March 9, 2009 City Council Meeting Minutes. 34
35
Council Member Mueller requested a correction on Page 2, Line 28, to correct the spelling of the 36
resident’s name. 37
38
MOTION/SECOND: Mueller/Hull. To Approve the Monday, March 9, 2009 City Council 39
Meeting Minutes, as corrected. 40
41
Ayes – 5 Nays – 0 Motion carried. 42
43
B. Monday, March 23, 2009 City Council Meeting Minutes. 44
Mounds View City Council April 13, 2009
Regular Meeting Page 15
1
The Council requested a correction on Page 2, Line 27, to change: “Community Development 2
Director Roberts” to “Finance Director Beer.” 3
4
Council Member Mueller requested a correction on Page 5, Line 19, to indicate: “Longevity 5
Wage Adjustment.” 6
7
MOTION/SECOND: Mueller/Gunn. To Approve the Monday, March 23, 2009 City Council 8
Meeting Minutes, as corrected. 9
10
Ayes – 5 Nays – 0 Motion carried. 11
12
11. REPORTS 13
A. Reports of Mayor and Council. 14
15
Council Member Muller reported on a risk management seminar she will be attending on 16
April 15, 2009 with staff and the Anoka County/Blaine Airport Advisory Commission meeting 17
later that same afternoon. 18
19
B. Reports of Staff. 20
1. Reminder: Town Hall Meeting, Saturday, April 25, 2009, Mounds 21
View Community Center, 9 a.m. to 12 p.m. 22
23
Assistant Clerk-Administrator Crane reviewed the activities that will occur at the upcoming 24
Town Hall meeting. 25
26
2. Outdoor Special Event Policy. 27
28
Assistant Clerk-Administrator Crane advised that under the Outdoor Special Event Policy, City 29
sponsored events (Music in the Park) have to pay a fee and asked for Council direction. 30
31
Council consensus was reached to direct staff to prepare an ordinance amendment. 32
33
3. Administration Report. 34
35
Clerk-Administrator Ericson presented his memorandum of administrative updates. 36
37
Clerk-Administrator Ericson advised that the I-35W Corridor Coalition membership fee of 38
$6,000 has not yet been paid, a number of communities have dropped out of the Coalition, and 39
Joseph Strauss would like an opportunity to make a presentation before the Council determines 40
whether to maintain membership. The Council agreed. 41
42
C. Reports of City Attorney. 43
44
None. 45
Mounds View City Council April 13, 2009
Regular Meeting Page 16
1
12. Next Council Work Session: Monday, May 4, 2009, at 7:00 p.m. 2
Next Council Meeting: Monday, April 27, 2009, at 7:00 p.m. 3
4
13. ADJOURNMENT 5
6
The meeting was adjourned at 11:13 p.m. 7
8
Transcribed by: 9
10
Carla Wirth 11
TimeSaver Off Site Secretarial, Inc. 12
PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1
CITY OF MOUNDS VIEW 2
RAMSEY COUNTY, MINNESOTA 3
4
Regular Meeting 5
April 13, 2009 6
Mounds View City Hall 7
2401 Highway 10, Mounds View, MN 55112 8
7:13 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, April 13, 2009, City Council Agenda. 21
22
MOTION/SECOND: Mueller/Stigney. To Approve the Monday, April 13, 2009, agenda as 23
presented. 24
25
Ayes – 5 Nays – 0 Motion carried. 26
27
5. PUBLIC INPUT 28
29
Tom Kosel, 8120 Jackson Drive, reported on the disturbance caused by a construction company, 30
which he found to be a joyful sound because it is in preparation of the street project. He thanked 31
the Council, staff and consultants, past and present, Task Force, and Street Committee members 32
for their work on the street project. 33
34
6. SPECIAL ORDER OF BUSINESS 35
A. Resolution of Recognition for Irondale High School Girls Hockey Team 36
2008-2009. 37
38
Mayor Flaherty invited the Irondale High School Girls Hockey coach and team to step forward 39
and introduce themselves. He then read in full and presented a resolution of recognition for their 40
State Consolation win. The Council and audience responded with a round of applause. 41
42
RECESS AND RECONVENE 43
44
Mounds View City Council April 13, 2009
Regular Meeting Page 2
MOTION/SECOND: Gunn/Mueller. To Recess the Council Meeting and Reconvene the EDA 1
Meeting at 7:23 p.m. to complete the EDA agenda. 2
3
Ayes – 5 Nays – 0 Motion carried. 4
5
Mayor Flaherty reconvened the Council Meeting at 8:03 p.m. 6
7
7. COUNCIL BUSINESS 8
A. 7:05 p.m. Public Hearing, First Reading of Ordinance 819, an Ordinance to 9
Approve an Amendment to Chapter 7, Section 7.03 of the City Charter 10
Relating to Taxation and Finances. 11
12
Clerk-Administrator Ericson presented the Charter Commission’s recommendation for two 13
amendments to correct Charter language related to fees. If the Council approves First Reading 14
tonight, Second Reading would be considered on April 27, 2009. 15
16
Mayor Flaherty opened the public hearing at 8:07 p.m. 17
18
Hearing no public input, Mayor Flaherty closed the public hearing at 8:07 p.m. 19
20
MOTION/SECOND: Mueller/Hull. To Waive the Reading, Approve the First Reading, and 21
Introduce Ordinance 819, Amending Chapter 7, Section 7.03, of the City Charter Relating to 22
Fees subject to Provisions of Section 7.03, Subdivisions 1 and 2. 23
24
Council Member Stigney questioned the ordinance wording for annual certification and if the 25
increase is the total of all fees, or each individual fee. Clerk-Administrator Ericson stated staff 26
interprets the intent of the language that no one fee may increase by more than 5% or the CPI 27
plus 3%, whichever is less. The franchise limits the City to 4% and once the franchise expires in 28
2012, it can be looked at again. Council Member Stigney stated the Charter language should 29
identify and resolve that question now, not in 2012. 30
31
Mayor Marty stated this language is being recommended because it is not known what will 32
happen in 2012. Clerk-Administrator Ericson stated there are two components. He explained 33
that the franchise fees sunset each year by Council order so prior to this amendment, a 34
referendum vote of the residents was required each year, which was not the intent of the Charter 35
Commission. 36
37
City Attorney Riggs stated the explanation of Clerk-Administrator Ericson is correct. 38
39
Council Member Stigney stated the language addresses half of the question but leaves the other 40
open. 41
42
The Council discussed its interpretation of the Charter amendment. 43
44
Clerk-Administrator Ericson stated he will contact the Charter Commission regarding this 45
Mounds View City Council April 13, 2009
Regular Meeting Page 3
discussion and request clarification prior to consideration of Second Reading. 1
2
Ayes – 5 Nays – 0 Motion carried. 3
4
B. Resolution 7432, Authorizing a Residential Kennel License for William 5
Carlson and Georganne Neitz, located at 8041 Long Lake Road. 6
7
Assistant Clerk-Administrator Crane presented the request of William Carlson and Georganne 8
Neitz, 8041 Long Lake Road, for a residential kennel license. She advised they have submitted a 9
petition signed by more than 50% of registered landowners within 500 feet, which has been 10
verified. There have been no reported Police complaints or incidents and all applicable fees have 11
been paid for this license. Staff recommends approval. 12
13
Mayor Flaherty opened the floor for public comment. There was none. 14
15
Dan Larson, 8046 Woodlawn Drive, stated he lives behind the applicant and has no objection. 16
17
Mayor Flaherty asked if there have been any complaints with barking or cleanup. 18
19
Georganne Neitz, 8041 Long Lake Road, applicant, stated there have been none, they take good 20
care of their dogs, and understand the requirements should they adopt a fourth dog. 21
22
MOTION/SECOND: Mueller/Gunn. To Waive the Reading and Adopt Resolution 7432, 23
Approving a Residential Kennel License located at 8041 Long Lake Road for William Carlson 24
and Georganne Neitz. 25
26
Clerk-Administrator Ericson recommended the first Whereas of the resolution be amended to 27
clarify there will be four dogs. 28
29
Ms. Neitz assured the Council that the residents who signed the petition were aware there would 30
be four dogs. 31
32
Council Members Mueller and Gunn agreed with a friendly amendment to revise the first 33
Whereas and fourth Resolved paragraphs to indicate there will be four dogs. 34
35
Council Member Stigney noted the requirement that the property has to be properly cleaned in a 36
sanitary condition. Assistant Clerk-Administrator Crane advised the property has been inspected 37
so that condition can be removed. 38
39
Council Members Mueller and Gun agreed with a friendly amendment to remove that condition 40
since the property has been inspected. 41
42
Ayes – 5 Nays – 0 Motion, as amended, carried. 43
44
Mounds View City Council April 13, 2009
Regular Meeting Page 4
C. Resolution 7430, Approving Intent to Exercise the Opt Out Clause of the 1
Contract with Visit Minneapolis North CVB effective December 31, 2009. 2
3
Economic Development Specialist Steinmetz presented staff’s recommendation to opt out of the 4
contract with Visit Minneapolis North, effective December 31, 2009. She advised that it appears 5
only three cities, located east of the Mississippi River, will remain with Visit Minneapolis North. 6
Economic Development Specialist Steinmetz explained that a new convention and visitor’s 7
bureau may be forming to serve the cities that have opted out along with the National Sports 8
Center. 9
10
Mayor Flaherty opened the floor for public comment. 11
12
John Connelly, Director of Sales and Development of the National Sports Center, spoke on 13
behalf of the five-city coalition formed to create a new convention and visitor’s bureau. He 14
stated their primary focus is to narrow the marketing strategy and geographic area and find unity 15
in how the dollars should be spent. 16
17
Mayor Flaherty asked what will be different with the new coalition regarding the 18
disproportionate percentages spent towards the National Sports Center and Arbor Lakes. Mr. 19
Connelly stated they will now be awarded based on performance so there is incentive to generate 20
out-of-town visitors that need hotel nights/gas/retail. In addition, the National Sports Center has 21
no oversight in how the funds are spent, that will be the decision of the Coalition. 22
23
Council Member Mueller asked how the bureau will use the 3% fees collected from member 24
cities to produce advertising and promotional materials to draw people. Mr. Connelly stated it is 25
spent to promote member cities and attract out-of-town visitors for lodging. 26
27
Council Member Mueller stated her understanding there were more hotel/motel units on the west 28
side of the River so the promotional materials were skewed to those areas. She asked how the 29
member cities will be promoted. Mr. Connelly stated the governing structure will be tighter and 30
contain equal representation of member cities plus the hotel/motel owners. He agreed that each 31
property needs to be marketed with equality and noted that pooling resources will result in one 32
cooperative buy that is more easily managed. Mr. Connelly stated resources will be dedicated to 33
on-line internet marketing, which is more efficient than printed flyers and hard sales. 34
35
Council Member Mueller asked if business owners will also be assisted with updating their 36
internet presence. Mr. Connelly stated the Chamber of Commerce and economic development 37
information will be available online and a major benefit for small businesses. 38
39
Mayor Flaherty asked whether the Council will receive updated information as the bureau is 40
formed. Mr. Connelly answered in the affirmative. 41
42
Natallia Mattke, Director of Sales & Catering for The Mermaid and resident of 5358 Clifton 43
Drive, stated that Visit Minneapolis North is well known but that is not the case with the new 44
bureau so a large budget will be needed to become established and represent a large number (9-45
Mounds View City Council April 13, 2009
Regular Meeting Page 5
10) of cities. She explained most of their business is corporate meetings and conventions, not 1
sports teams. Currently, The Mermaid is on the same level as Northland Inn and the Earle 2
Brown Center so she is skeptical whether a new bureau run by two people will provide the same 3
high level of representation for The Mermaid or be able to target their market. Ms. Mattke stated 4
The Mermaid is satisfied with the representation received from Visit Minneapolis North and if 5
Mounds View does not opt out now, it can remain in Visit Minneapolis North through 2010. 6
7
Mayor Flaherty stated it appears there is a good chance that Mounds View will be asked to leave 8
Visit Minneapolis North by the end of 2009 and it is hoped that a new bureau will be well 9
organized to represent Mounds View businesses. 10
11
Clerk-Administrator Ericson noted the legislation that created the ability to establish a lodging 12
tax was to promote the city and hotels. The cities will be forming this entity through a joint 13
powers agreement to promote and market its area for tourism so a partnership with the lodging 14
properties is needed. He stated that with a different focus on Mounds View, maybe The 15
Mermaid will gain business from sports teams. 16
17
Ms. Mattke stated by the time the sports teams come, they are already booked with a lower 18
negotiated rate plus a commission paid to the National Sports Center. 19
20
Dan Hall, representing The Mermaid, stated it is also during the time of year that they are booked 21
for weddings. He explained how they bid for convention business but if The Mermaid is the only 22
convention center in the bureau, he would wonder why a group would come to this area. 23
However, if they are part of a bureau with established business, there is more business and it is 24
based on hotel business instead of sports business. They also make application for grants and it 25
is not known if that will be available with a new bureau. 26
27
Council Member Gunn noted some of the Visit Minneapolis North member cities are not close to 28
Mounds View but John Connelly has connections and knows this business. Also, Mounds View 29
may not have an option so she supports the resolution. 30
31
MOTION/SECOND: Gunn/Hull. To Waive the Reading and Adopt Resolution 7430, 32
Approving Intent to Exercise the Opt Out Clause of the Contract with Visit Minneapolis North 33
CVB effective December 31, 2009. 34
35
Council Member Mueller commented on the Minneapolis and St. Paul crime rate and stated she 36
thinks a new bureau could have a more dynamic name and create opportunities for Mounds View 37
businesses. 38
39
Clerk-Administrator Ericson clarified that the new bureau is not a National Sports Center 40
charged organization but the cities do acknowledge the National Sports Center will be a great 41
partner. He indicated that member cities will assure the many tourism opportunities in this area 42
will be promoted. 43
44
Ayes – 5 Nays – 0 Motion carried. 45
Mounds View City Council April 13, 2009
Regular Meeting Page 6
1
D. Resolution 7426, Approving the Mermaid 2nd Addition Final Plat. 2
3
Community Development Director Roberts presented the request of The Mermaid for final plat 4
approval and indicated that nothing has changed since preliminary plat consideration. 5
6
MOTION/SECOND: Gunn/Hull. To Waive the Reading and Adopt Resolution 7426, 7
Approving the Mermaid 2nd Addition Final Plat. 8
9
Council Member Mueller asked if the City has a copy of the hold harmless agreement 10
acknowledging the two buildings. City Attorney Riggs stated his staff is working on that 11
agreement and that requirement is contained as Condition 3. 12
13
Ayes – 4 Nays – 1 (Stigney) Motion carried. 14
15
E. Resolution 7433, Authorizing Application for the 2009 COPS Police Hiring 16
Grant. 17
18
Police Chief Sommer presented staff’s recommendation to submit a grant application for funding 19
under the COPS hiring program that will cover 100% of the hiring cost for three years with the 20
condition that the officer will be retained for an additional year. 21
22
Mayor Flaherty opened the floor for public comment. There was none. 23
24
MOTION/SECOND: Mueller/Gunn. To Waive the Reading and Adopt Resolution 7433, 25
Authorizing Approval to Proceed with a Grant Application to the Department of Justice COPS 26
Hiring Program for one new Police Officer. 27
28
Council Member Stigney asked if the Mounds View Police Department is short staffed. Police 29
Chief Sommer stated one officer is retiring and there will be a lag in hiring a replacement for that 30
position. 31
32
Council Member Hull asked when the other two Sergeants are expected to retire. Police Chief 33
Sommer stated they have not indicated a date; however, it is anticipated to occur within three to 34
four years. Council Member Hull noted Police Chief Sommer had previously indicated the 35
current level of staff was satisfactory. Police Chief Sommer stated that was before they were 36
aware of this grant opportunity. 37
38
Council Member Stigney noted the Mounds View Police Department is not understaffed and it is 39
too late to apply this grant to the position for the officer who is retiring. He stated he felt this 40
grant was for cities that are short staffed due to funding, and since it would create a new position 41
in Mounds View, he does not support making application for the grant. 42
43
Council Member Mueller stated her support for the grant application because two to three 44
officers are expected to retire in the next four years and creative scheduling has been needed to 45
Mounds View City Council April 13, 2009
Regular Meeting Page 7
meet the needs of the community when officers are out due to injuries or testifying in court. The 1
grant funding will allow Mounds View to start an officer at Step One with three of the four years 2
paid by the grant including Step increases and benefits. Council Member Mueller suggested that 3
an additional officer may have been requested had it not been for the City’s tight budget. 4
5
Council Member Stigney asked Council Member Mueller whether she favors adding an 6
additional officer over and above the current 19 sworn officers, creating a staff of 20. Council 7
Member Mueller responded that the grant gives the City the opportunity to have an officer 8
trained and ready to fill the gap when someone leaves through attrition or retiring. She noted that 9
the number of burglaries, transients, and other issues have increased and the safety of Mounds 10
View is important so this is the right thing to do. She stated that a decision may be made by a 11
future Council to increase the workforce to 20 and the grant will allow three years to be paid. 12
13
Council Member Stigney offered a friendly amendment that after stabilizing the police force, it 14
will be reduced to 19 officers. 15
16
Council Member Mueller did not accept the friendly amendment. 17
18
Mayor Flaherty questioned the intent of the grant program and asked whether the intent was for 19
communities that had to lay off an officer or cut back hours due to budget restraints. Police 20
Chief Sommer stated the grant intent a two-fold. One intent is to backfill positions vacated that 21
were not filled because of budgets and the other intent is to fund additional police over and above 22
the current level to put additional police on the street to deal with crime, which is a priority of the 23
federal government. 24
25
Finance Director Beer stated they do not know how the grant will be scored and noted that one 26
question asks whether the city is laying off or not hiring officers. Because the City would not 27
meet that criteria, the grant may not be awarded to Mounds View. 28
29
Council Member Gunn stated her support for making grant application, noting the survey 30
indicated residents feel there is a need for extra police patrolling. 31
32
Mayor Flaherty noted the City would have to budget the salary in the fourth year, which would 33
have to come from taxes. He stated he would not want to encumber the action of a future 34
Council. 35
36
Council Member Stigney stated it would encumber a future Council because an officer would 37
have to be laid off. 38
39
Mayor Flaherty agreed it would be difficult to take away an officer but perhaps there will be a 40
future grant or a retiring position will not be filled. 41
42
Council Member Gunn stated the force would be increased to 20 for four years, one year being 43
paid by Mounds View, but during that time some officers will be retiring. She stated that a new 44
Council may decide to not fill one or more of those retiring positions. 45
Mounds View City Council April 13, 2009
Regular Meeting Page 8
1
Council Member Mueller stated she is not saying she supports having 20 officers into perpetuity 2
but supports making application for the grant with the knowledge that several officers will be 3
retiring in the next few years. 4
5
Ayes – 3 Nays – 2 (Stigney, Hull) Motion carried. 6
7
F. Resolution 7440, Authorizing the Purchase of a Replacement Squad Car for 8
the Police Department. 9
10
Police Chief Sommer presented staff’s recommendation to purchase a replacement squad car, 11
noting $58,000 had been budgeted to replace two squad cars but the recommendation is to 12
purchase one. 13
14
Mayor Flaherty thanked Police Chief Sommer for taking the steps to purchase only one squad 15
car. 16
17
MOTION/SECOND: Mueller/Flaherty. To Waive the Reading and Adopt Resolution 7440, 18
Authorizing 2009 Squad Car Purchase. 19
20
Council Member Stigney stated many cities have extended their replacement cycle and 21
questioned the validity of maintaining a five-year replacement cycle. Police Chief Sommer 22
explained that the squad car is a tool for all of their work, designed to be more sturdy, and 23
important to be working properly. He stated that a five-year replacement cycle is desirable and 24
appropriate for their use. 25
26
Council Member Mueller asked what happens to the money when the squad car is auctioned. 27
Police Chief Sommer stated the funds are placed in the General Fund. Finance Director Beer 28
stated the value is generally low, about $1,500. 29
30
Council Member Stigney stated everything is desirable, such as a five-year replacement cycle, 31
but with budget constraints maybe it should be stretched one additional year. Then, if a vehicle 32
needs to be replaced early, it can be presented to the Council. 33
34
Council Member Mueller asked if the City has management material to determine the best time 35
to replace a vehicle. Finance Director Beer stated maintenance records are kept but not the cost 36
of that maintenance work. 37
38
The Council discussed the number of vehicles replaced last year, noting the City maintains an 11 39
vehicle fleet. Patrol vehicles are kept for five years but other vehicles are kept for a longer period 40
of time. 41
42
Ayes – 5 Nays – 0 Motion carried. 43
44
Mounds View City Council April 13, 2009
Regular Meeting Page 9
G. Second Reading of Ordinance 818, an Ordinance Amending Chapter 1106 of 1
the City Code (Conditional Use Permits for Dynamic Display Signs) (ROLL 2
CALL VOTE). 3
4
Community Development Director Roberts presented the ordinance amendment to address 5
conditional use permits (CUP) for dynamic display signs and recommended adoption upon roll 6
call vote and to publish the ordinance in summary. 7
8
MOTION/SECOND: Gunn/Hull. To Waive the Reading, Approve the Second Reading, and 9
Adopt Ordinance 818, an Ordinance Amending Chapter 1106 of the City Code (Conditional Use 10
Permits for Dynamic Display Signs) and to Publish in Summary. 11
12
Council Member Stigney questioned whether the language is adequate should the sign become an 13
annoyance to adjoining properties. Community Development Director Roberts stated he is 14
confident the CUP language and Sign Code language adequately addresses that matter. 15
16
Council Member Mueller asked if this ordinance should be published in full since owners of 17
dynamic signs may need to know this information. Clerk-Administrator Ericson stated the 18
ordinance will be posted in full on the City’s website, staff has already notified affected 19
properties, and explained this is a very large ordinance so it would not be cost effective to 20
publish in full. 21
22
ROLL CALL: Hull/Stigney/Muller/Gunn/Flaherty. 23
24
Ayes – 5 Nays – 0 Motion carried. 25
26
H. Resolution 7437, Approving the Purchase Agreement for Wetland Banking 27
Credits for the County Road 10 Trailway Project: Segments 1-5 Project, and 28
Authorizing Payment. 29
30
Joe Rhein, Consulting Engineering with Bonestroo, presented staff’s recommendation to 31
purchase wetland banking credits to meet the requirement to mitigate wetland impacts at a ratio 32
of 2:1 for Segments 1-5 of the County Road 10 trail project. He presented the purchase 33
agreement, which had been reviewed and approved by the Seller and City Attorney, totaling 34
$3,659.04 plus administrative fees to BWSR of $237.83. 35
36
Council Member Stigney asked if Mounds View has any banked wetland credits. Mr. Rhein 37
stated they checked but the City has no wetland credits. 38
39
MOTION/SECOND: Gunn/Mueller. To Waive the Reading and Adopt Resolution 7437, 40
Approving the Purchase Agreement for Wetland Banking Credits for the County Road 10 41
Trailway Project: Segments 1-5 Project, and Authorizing Payment. 42
43
Ayes – 5 Nays – 0 Motion carried. 44
45
Mounds View City Council April 13, 2009
Regular Meeting Page 10
I. Resolution 7438, Approving Change Order No. 1 to the Construction 1
Contract for the 2009-2010 Street and Utility Improvement Project. 2
3
Mr. Rhein presented staff’s recommendation to approve Change Order No. 1 and clarified that it 4
is not changing the scope of the project. He explained that a number of root control locations 5
were identified in the project so it was discussed and decided to include it in the bid and to ask 6
the contractor if a reduced price could be obtained if that work was expanded. The contractor 7
agreed to reduce the price by 12% and Public Works indicated they would not be able to obtain a 8
better price. Staff determined some spot repairs were needed but slip lining was able to address 9
that repair at a lower cost. The Change Order adds that work into the contract and deletes some 10
spot repairs. The net result adds $113,552.17 to the contract, which is $11,000 less than the 11
budgeted amount. 12
13
Council Member Mueller asked about the need to follow the bid process since the work is over 14
$100,000. Mr. Rhein reviewed the competitive bidding laws and explained that process would 15
have resulted in a 6-8 week project delay but the Change Order process would allow the work to 16
be underway next week. In this case, the rules allow a Change Order process because it is a $4 17
million project and the change is only $100,000. 18
19
Mr. Rhein stated the budget includes $15,000 to $20,000 for chemical root application but it 20
takes 6-8 years to treat the entire City and the roots can grow back within one year. Slip lining is 21
more expensive but saves costs since it lasts 80-100 years, as long as the pipe. 22
23
Mayor Flaherty stated he does not like change orders, especially for a project that has not yet 24
started. Finance Director Beer advised the $113,000 is already budgeted in the Sewer Fund for 25
root control and slip lining. 26
27
MOTION/SECOND: Mueller/Hull. To Waive the Reading and Adopt Resolution 7438, 28
Approving Change Order No. 1 to the Construction Contract for the 2009-2010 Street and Utility 29
Improvement Project. 30
31
Council Member Stigney asked if budgeting is required for spot chemical treatment and how 32
much money this work will save. Mr. Rhein explained there are a large number of sewer lines 33
with root problems so until they are all slip lined, chemical root control will be needed. 34
35
Council Member Mueller asked whether there are funds should additional spot chemical 36
treatment be needed. Finance Director Beer stated $10,000 remains for maintenance work. 37
38
Ayes – 5 Nays – 0 Motion carried. 39
40
J. Resolution 7439, Authorizing Preparation of the Required Municipal 41
Separate Storm Sewer System Mapping Components. 42
43
Mr. Rhein explained this involves the Municipal Separate Storm Sewer System (M4S) 44
component of the City’s National Pollution Discharge Elimination System (NPDES) permit 45
Mounds View City Council April 13, 2009
Regular Meeting Page 11
requiring the creation of a map of the City’s storm sewer system. It has been determined the 1
City’s current map is not sufficient. The map requirement for the Surface Water Management 2
Plan (SWMP) is similar to the requirement for the M4S map and it is estimated to cost $3,100 to 3
prepare the required M4S map. Mr. Rhein explained that by combining the work on the two 4
maps, there will be a $200 savings because two large sets of maps do not need to be printed. He 5
reviewed the schedule for completion of the SWMP and M4S maps and recommended approval 6
of the draft resolution to authorize preparation of the map. 7
8
MOTION/SECOND: Stigney/Mueller. To Waive the Reading and Adopt Resolution 7439, 9
Authorizing Preparation of the Required Municipal Separate Storm Sewer System Mapping 10
Components. 11
12
Ayes – 5 Nays – 0 Motion carried. 13
14
K. Resolution 7428 Approving the Purchase of Mailboxes for the 2009-10 SUIP. 15
16
Mr. Rhein presented quotes for the purchase of 200 mailboxes, noting the low vendor is Spring 17
Lake Park Lumber in the amount of $1,810. He advised that seasonal employees will attach the 18
mailbox flags. 19
20
Council Member Stigney noted the resolution indicates mailbox posts, rather than mailboxes. 21
22
The Council agreed a correction was needed in the Now Therefore paragraph to eliminate the 23
word “posts” and to indicate that 200 mailboxes will be purchased. 24
25
Council Member Mueller stated Eagle Scouts are often looking for community service projects 26
and asked if they could attach the mailbox flags. Mr. Rhein stated he will check with staff. 27
28
MOTION/SECOND: Gunn/Mueller. To Waive the Reading and Adopt Resolution 7428, 29
Authorizing the Purchase of Basic Black Mailboxes for the 2009-10 Street and Utility 30
Improvement Project, as corrected. 31
32
Council Member Stigney requested a copy of the mailbox grouping map. 33
34
Ayes – 5 Nays – 0 Motion carried. 35
36
L. Resolution 7434, Designating the 2008 Mounds View Citizenship Award. 37
38
Assistant Clerk-Administrator Crane reviewed that two nominations had been made and it was 39
Council’s consensus to award Barbara Haake with the 2008 Mounds View Citizenship Award. 40
41
Assistant Clerk-Administrator Crane read the resolution in full. 42
43
MOTION/SECOND: Flaherty/Mueller. To Waive the Reading and Adopt Resolution 7434, 44
Designating the 2008 Mounds View Citizenship Award. 45
Mounds View City Council April 13, 2009
Regular Meeting Page 12
1
Mayor Flaherty stated this is a well-deserved award for Ms. Haake. 2
3
Ayes – 5 Nays – 0 Motion carried. 4
5
M. Resolution 7441, Adding Fees to the 2009 Mounds View Fee Schedule. 6
7
Assistant Clerk-Administrator Crane presented staff’s recommendation to add two fees to the 8
schedule, one related to a refundable $250 deposit for an Outdoor Special Events permit and the 9
other a $50 fee for filing to request an Administrative Hearing for nuisance based code 10
violations. 11
12
MOTION/SECOND: Gunn/Mueller. To Waive the Reading and Adopt Resolution 7441, 13
Revising the 2009 Fee Schedule. 14
15
Ayes – 5 Nays – 0 Motion carried. 16
17
N. Resolution 7435, Approving a Step Increase for James Ericson, Clerk-18
Administrator. 19
20
Assistant Clerk-Administrator Crane presented staff’s recommendation for a step increase for 21
Clerk-Administrator Ericson based on the Council’s review and finding he has satisfactorily 22
performed in the capacity of his position and consistent with the Employment Agreement on file. 23
24
Assistant Clerk-Administrator Crane read the resolution in full. 25
26
Mayor Flaherty stated the Council held a closed session to review the performance of James 27
Ericson in his capacity as Clerk-Administrator. The Council’s unanimous consensus was that 28
Mr. Ericson is doing a wonderful job in how he conducts himself professionally and as a co-29
worker. 30
31
Council Member Stigney noted Mr. Ericson’s supervisor is actually the City Council. 32
33
Council consensus was reached to amend the resolution to change the word “supervisor” to “the 34
City Council” and the word “water” to “wage.” 35
36
MOTION/SECOND: Flaherty/Mueller. To Waive the Reading and Adopt Resolution 7435, 37
Approving Step Wage Adjustment, as corrected. 38
39
Ayes – 5 Nays – 0 Motion carried. 40
41
8. CONSENT AGENDA 42
43
Council Member Gun asked to remove Item B. Mayor Flaherty asked to remove Item E. 44
45
Mounds View City Council April 13, 2009
Regular Meeting Page 13
A. Licenses for Approval. 1
B. Set a Public Hearing for Monday, April 27, 2009, at 7:05 p.m. for a 2
Conditional Use Permit Request for Robert’s Sports Bar (2400 County Road 3
H2). 4
C. Resolution 7436, Authorizing the Purchase of Employee Gift Certificates for 5
the June 17, 2009 Employee Appreciation Day. 6
D. Resolution 7431, a Resolution to Renumber Resolution 8006 (originally 7
adopted June 27, 2007) to Resolution 7134b. 8
E. Resolution 7429, Accepting Donation from Bethlehem Baptist Church. 9
10
MOTION/SECOND: Mueller/Hull. To Approve the Consent Agendas A, C and D. 11
12
Ayes – 5 Nays – 0 Motion carried. 13
14
B. Set a Public Hearing for Monday, April 27, 2009, at 7:05 p.m. for a 15
Conditional Use Permit Request for Robert’s Sports Bar (2400 County Road 16
H2). 17
18
Council Member Gunn alerted the Council that the Planning Commission had a long and detailed 19
discussion about this application and suggested they view the Commission’s meeting to become 20
aware of the concerns. 21
22
MOTION/SECOND: Gunn/Stigney. To Set a Public Hearing for Monday, April 27, 2009, at 23
7:05 p.m. for a Conditional Use Permit Request for Robert’s Sports Bar (2400 County Road H2). 24
25
Ayes – 5 Nays – 0 Motion carried. 26
27
E. Resolution 7429, Accepting Donation from Bethlehem Baptist Church. 28
29
Mayor Flaherty recognized and thanked Bethlehem Baptist Church for its donation and indicated 30
how it would be used. 31
32
Council Member Mueller extended her appreciation for the donation and commented on the 33
landscaping along the County Road and gateway signs being promoted as an Eagle Scout project. 34
35
Council Member Stigney asked why the funding for the YMCA program is higher this year. 36
Clerk-Administrator Ericson stated it is an after school program serving Edgewood Middle 37
School children and but for this donation, the program would not exist. 38
39
MOTION/SECOND: Flaherty/Gunn. To Waive the Reading and Adopt Resolution 7429, 40
Accepting Donation from Bethlehem Baptist Church. 41
42
Ayes – 5 Nays – 0 Motion carried. 43
44
9. JUST AND CORRECT CLAIMS 45
Mounds View City Council April 13, 2009
Regular Meeting Page 14
1
Mayor Flaherty referenced Page 14 and asked about the payment schedule for the League. 2
Finance Director Beer stated it is quarterly but this payment is for two quarters because they do 3
not bill until the policy is issued. 4
5
MOTION/SECOND: Gunn/Mueller. To Approve the Just and Correct Claims as Presented. 6
7
Ayes – 5 Nays – 0 Motion carried. 8
9
10. APPROVAL OF MINUTES 10
A. Monday, March 9, 2009 City Council Meeting Minutes. 11
12
Council Member Mueller requested a correction on Page 2, Line 28, to correct the spelling of the 13
resident’s name. 14
15
MOTION/SECOND: Mueller/Hull. To Approve the Monday, March 9, 2009 City Council 16
Meeting Minutes, as corrected. 17
18
Ayes – 5 Nays – 0 Motion carried. 19
20
B. Monday, March 23, 2009 City Council Meeting Minutes. 21
22
The Council requested a correction on Page 2, Line 27, to change: “Community Development 23
Director Roberts” to “Finance Director Beers.” 24
25
Council Member Mueller requested a correction on Page 5, Line 19, to indicate: “Longevity 26
Wage Adjustment.” 27
28
MOTION/SECOND: Mueller/Gunn. To Approve the Monday, March 23, 2009 City Council 29
Meeting Minutes, as corrected. 30
31
Ayes – 5 Nays – 0 Motion carried. 32
33
11. REPORTS 34
A. Reports of Mayor and Council. 35
36
Council Member Muller reported on a risk management seminar she will be attending with staff 37
and the Anoka County/Blaine Airport Advisory Commission meeting. 38
39
B. Reports of Staff. 40
1. Reminder: Town Hall Meeting, Saturday, April 25, 2009, Mounds 41
View Community Center, 9 a.m. to 12 p.m. 42
43
Assistant Clerk-Administrator Crane reviewed the activities that will occur at the upcoming 44
Town Hall meeting. 45
Mounds View City Council April 13, 2009
Regular Meeting Page 15
1
2. Outdoor Special Event Policy. 2
3
Assistant Clerk-Administrator Crane advised that under the Outdoor Special Event Policy, City 4
sponsored events (Music in the Park) have to pay a fee and asked for Council direction. 5
6
Council consensus was reached to direct staff to prepare an ordinance amendment. 7
8
3. Administration Report. 9
10
Clerk-Administrator Ericson presented his memorandum of administrative updates. 11
12
Clerk-Administrator Ericson advised that the I-35W Corridor Coalition membership fee of 13
$6,000 has not yet been paid, a number of communities have dropped out of the Coalition, and 14
Joe Strauss would like an opportunity to make a presentation before the Council determines 15
whether to maintain membership. The Council agreed. 16
17
C. Reports of City Attorney. 18
19
None. 20
21
12. Next Council Work Session: Monday, May 4, 2009, at 7:00 p.m. 22
Next Council Meeting: Monday, April 27, 2009, at 7:00 p.m. 23
24
13. ADJOURNMENT 25
26
The meeting was adjourned at 11:13 p.m. 27
28
Transcribed by: 29
30
Carla Wirth 31
TimeSaver Off Site Secretarial, Inc. 32