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HomeMy WebLinkAboutAgenda Packets - 2009/05/25 CITY OF MOUNDS VIEW CITY COUNCIL MEETING AGENDA MOUNDS VIEW CITY HALL Tuesday, May 26, 2009 7:00 p.m. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Flaherty, Stigney, Hull, Mueller, Gunn 4. APPROVAL OF AGENDA 5. PUBLIC INPUT: Citizens may speak to issues not on tonight’s agenda. Before speaking, please give your full name and address for the minutes. Also, please limit your comments to three minutes. 6. SPECIAL ORDER OF BUSINESS Special Recognition of Mounds View Residents Jonathan Smith and Brent Fyksen 7. COUNCIL BUSINESS A. Resolution 7453, Approving a Residential Kennel License for Craig and Karen Stern located at 2317 Hillview Road. B. First Reading of Ordinance 820, an Ordinance Deleting Chapter 611 from the City Code Relating to Outdoor Special Events C. Resolution 7451 Authorization to Hire a Replacement Police Officer to Fill a Vacancy Created By a Retirement. D. Resolution 7452 Approving the Hire of Kirsten Lafean as Police Officer. E. First Reading and Introduction of Ordinance 822, an Ordinance Amending Chapter 202 of the Mounds View City Code by Adding Section 202.20 Establishing a Process for the Collection of Costs Associated with Emergency Services, Unpaid Service Charges and Fees, and Unpaid Administrative Offense Penalties F. First Reading and Introduction of Ordinance 823, an Ordinance Amending Chapter 702 of the Mounds View City Code by Amending Section 702.02 as to the Process for the Collection of Fees, Penalties and Charges Associated with Unpaid Administrative Offense Penalties 8. CONSENT AGENDA A. Licenses for Approval 9. JUST AND CORRECT CLAIMS City Council Agenda Tuesday, May 26, 2009 Page 2 10. APPROVAL OF MINUTES A. April 27, 2009, City Council Minutes. B. May 11, 2009, City Council Minutes. 11. REPORTS A. Reports of Mayor and Council B. Reports of Staff 1. Police Department Quarterly Report C. Reports of City Attorney 12. Next Council Work Session: Monday, June 1, 2009, at 7:00 p.m. Next Council Meeting: Monday, June 8, 2009, at 7:00 p.m. CITY OF MOUNDS VIEW CITY COUNCIL MEETING AGENDA MOUNDS VIEW CITY HALL Tuesday, May 26, 2009 7:00 p.m. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Flaherty, Stigney, Hull, Mueller, Gunn 4. APPROVAL OF AGENDA 5. PUBLIC INPUT: Citizens may speak to issues not on tonight’s agenda. Before speaking, please give your full name and address for the minutes. Also, please limit your comments to three minutes. 6. SPECIAL ORDER OF BUSINESS Special Recognition of Mounds View Residents Jonathan Smith and Brent Fyksen 7. COUNCIL BUSINESS A. Resolution 7453, Approving a Residential Kennel License for Craig and Karen Stern located at 2317 Hillview Road. B. First Reading of Ordinance 820, an Ordinance Deleting Chapter 611 from the City Code Relating to Outdoor Special Events C. Resolution 7451 Authorization to Hire a Replacement Police Officer to Fill a Vacancy Created By a Retirement. D. Resolution 7452 Approving the Hire of Kirsten Lafean as Police Officer. E. First Reading and Introduction of Ordinance 822, an Ordinance Amending Chapter 202 of the Mounds View City Code by Adding Section 202.20 Establishing a Process for the Collection of Costs Associated with Emergency Services, Unpaid Service Charges and Fees, and Unpaid Administrative Offense Penalties F. First Reading and Introduction of Ordinance 823, an Ordinance Amending Chapter 702 of the Mounds View City Code by Amending Section 702.02 as to the Process for the Collection of Fees, Penalties and Charges Associated with Unpaid Administrative Offense Penalties 8. CONSENT AGENDA A. Licenses for Approval 9. JUST AND CORRECT CLAIMS 10. APPROVAL OF MINUTES A. April 27, 2009, City Council Minutes. B. May 11, 2009, City Council Minutes. 11. REPORTS A. Reports of Mayor and Council B. Reports of Staff 1. Police Department Quarterly Report C. Reports of City Attorney 12. Next Council Work Session: Monday, June 1, 2009, at 7:00 p.m. Next Council Meeting: Monday, June 8, 2009, at 7:00 p.m. Item No. 07A Type of Business: CB Meeting Date: May 26, 2009 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 7453, Authorizing a Residential Kennel License for Craig and Karen Stern located at 2317 Hillview Road Background Craig and Karen Stern currently own three dogs (Chesapeake Bay Retriever, Dalmatian/Pointer Mix, and a Beagle/Corgi Mix) at their residence located at 2317 Hillview Road in Mounds View. All three dogs are licensed with the City in accordance with the Mounds View City Code, and the property is currently fenced. According to Section 701.04, subd. 8, it states: a. Licensing requirements: The owner of a proposed dog kennel shall submit a license application and present a petition to the Clerk/Administrator signed by more than fifty percent (50%) of all registered landowners or those occupying land within five hundred feet (500’) of the proposed kennel who agree to the establishment of the kennel. The petition shall contain, among other items of information, the number and species of dogs intended to be kept on the premises, whether the yard or kennel area is or will be fenced and whether the dogs would be raised for breeding purposes. Upon the receipt of the petition and license application, the Clerk/Administrator shall present the petition and application to the City Council for their consideration. (Ord. 696, 4-22-02; Ord. 774, 8-14-06) Discussion In the past, a Conditional Use Permit approval and a Public Hearing before the City Council was required for a Residential Kennel License. This requirement was changed when Ordinance 774 was passed on August 14, 2006, by the City Council. Residents who wish to request a Residential Kennel License are now required to submit a petition signed by more than fifty percent (50%) of all registered landowners or those occupying the land within five hundred feet (500’) who agree to the establishment of the kennel and present the petition and application for City Council approval. There is no longer a requirement for a resident to go through the Conditional Use Permit and Public Hearing process. Staff received the necessary application materials, and the petition was signed by residents within a 500 feet radius of 2317 Hillview Road. Their petition was verified by staff, and Staff has notified Karen Stern that 5 more signatures are needed for the petition to be considered valid. Staff has given Karen Stern until Tuesday, May 26th (prior to the start of the City Council Meeting), to get the additional 5 signatures. Staff also requested a police report(s) on the property, and there were no incidents found. All applicable fees have been paid for this license. Recommendation Staff recommends approval of Resolution 7453, approving a Residential Kennel License located at 2317 Hillview, only if additional signatures are submitted. If Staff does not receive the additional signatures required prior to this City Council Meeting, then the City Council could either postpone action until the next meeting (allowing more time for the residents to submit the required signatures), or deny the kennel license due to an invalid petition. Respectfully submitted, Desaree Crane RESOLUTION NO. 7453 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A RESIDENTIAL KENNEL LICENSE LOCATED AT 2317 HILLVIEW ROAD FOR CRAIG AND KAREN STERN WHEREAS, Craig and Karen Stern have applied for a Residential Kennel license located at their residence, 2317 Hillview Road; and WHEREAS, the appropriate paperwork, petition and fees have been submitted to the City; and WHEREAS, the petition does contain signatures of more than 50% of all registered landowners or those occupying the land within five hundred feet (500’) of 2317 Hillview Road; and WHEREAS, this license will expire on June 30, 2010. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does grant a residential kennel license to Craig and Karen Stern located at 2317 Hillview Road; and NOW, THEREFORE, BE IT FURTHER RESOLVED that this license will expire June 30, 2010. Adopted this 26th day of May, 2009. __________________________________ Joe Flaherty, Mayor ATTEST: __________________________________ James Ericson, Clerk-Administrator (seal) Item No. 07B Type of Business: CB Date: May 26, 2009 City Administrator Review _______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, Clerk-Administrator Item Title/Subject: First Reading of Ordinance 820, an Ordinance Revising Chapter 611 of the City Code Pertaining to Outdoor Special Events Background: On September 22, 2008, the Mounds View City Council adopted Ordinance 808 creating an Outdoor Special Event provision into the City Code. The intended purpose of adding the provision was to promote the health, safety, and welfare of all residents and visitors of the City by ensuring that special events do not create disturbances, become nuisances, threaten life, health and property, and disrupt traffic or damage private or public property. Discussion: Subsequent to the adoption of Ordinance 808, staff determined that the time and effort needed to implement and manage the requirements of the new regulations would be immense. Further, staff became aware of various deficiencies in the ordinance which would necessitate multiple amendments to further clarify the scope and intent of the provisions. Staff also received substantial, less than positive, feedback from organizations and property owners who would be subjected to the five page application and the fees associated with an outdoor event. It became clear that while the intent of the outdoor event chapter was worthy, the burden to staff and affected property owners exceeded any anticipated benefit. The Council discussed the provisions of Chapter 611 at their meetings on April 13, April 27 and again on May 4, 2009. While staff had originally brought forward a version of Ordinance 820 that amended the Chapter, after the discussion and direction of the Council at their May 4th work session, the ordinance was revised to simply strike the Chapter from the City Code, acknowledging that many of the regulations contained within Chapter 611 (such as noise, litter, nuisance, etc) are already addressed elsewhere in the Code. There seemed to be some interest in drafting new outdoor special event policy language that exempted any activity on private property, however this would leave only those events that are held on public property, which the City already controls by virtue of being the property owner. The City may very well desire a policy that provides greater detail as to what it might allow and under what circumstances, however staff would suggest that if this is pursued, it remain a policy and not be incorporated into the City Code. Finally, if the Council feels such a policy would be beneficial regarding the usage of public property for private or non-city sponsored events, I would recommend the task be considered by the Park and Recreation Commission in conjunction with input from staff and the YMCA. Ordinance 820 Report May 26, 2009 Page 2 Recommendation: Staff recommends the City Council approve the first reading of revised Ordinance 820. The second reading and adoption would take place at the June 22 City Council Meeting. Respectfully submitted, _______________________ James Ericson Clerk-Administrator Attachments: 1. Ordinance 820 2. Ordinance 808 ORDINANCE NO. 820 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING TITLE 600 BY DELETING CHAPTER 611 OF THE CITY CODE RELATING TO OUTDOOR SPECIAL EVENTS THE CITY OF MOUNDS VIEW ORDAINS: SECTION 1. The City Council of the City of Mounds View hereby amends Title 600 by deleting Chapter 611 in its entirety and striking all references thereto. SECTION 2. This ordinance shall take effect thirty (30) days after the date of its publication. First reading and introduction by the Mounds View City Council on May 26, 2009. Second reading and adoption by the Mounds View City Council on June 22, 2009. Published in the official City newspaper on July 2, 2009. __________________________________ Joe Flaherty, Mayor ATTEST: __________________________________ James Ericson, Clerk-Administrator (SEAL) Item No. 07B Type of Business: CB Date: May 26, 2009 City Administrator Review _______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, Clerk-Administrator Item Title/Subject: First Reading of Ordinance 820, an Ordinance Revising Chapter 611 of the City Code Pertaining to Outdoor Special Events Background: On September 22, 2008, the Mounds View City Council adopted Ordinance 808 creating an Outdoor Special Event provision into the City Code. The intended purpose of adding the provision was to promote the health, safety, and welfare of all residents and visitors of the City by ensuring that special events do not create disturbances, become nuisances, threaten life, health and property, and disrupt traffic or damage private or public property. Discussion: Subsequent to the adoption of Ordinance 808, staff determined that the time and effort needed to implement and manage the requirements of the new regulations would be immense. Further, staff became aware of various deficiencies in the ordinance which would necessitate multiple amendments to further clarify the scope and intent of the provisions. Staff also received substantial, less than positive, feedback from organizations and property owners who would be subjected to the five page application and the fees associated with an outdoor event. It became clear that while the intent of the outdoor event chapter was worthy, the burden to staff and affected property owners exceeded any anticipated benefit. The Council discussed the provisions of Chapter 611 at their meetings on April 13, April 27 and again on May 4, 2009. While staff had originally brought forward a version of Ordinance 820 that amended the Chapter, after the discussion and direction of the Council at their May 4th work session, the ordinance was revised to simply strike the Chapter from the City Code, acknowledging that many of the regulations contained within Chapter 611 (such as noise, litter, nuisance, etc) are already addressed elsewhere in the Code. There seemed to be some interest in drafting new outdoor special event policy language that exempted any activity on private property, however this would leave only those events that are held on public property, which the City already controls by virtue of being the property owner. The City may very well desire a policy that provides greater detail as to what it might allow and under what circumstances, however staff would suggest that if this is pursued, it remain a policy and not be incorporated into the City Code. Finally, if the Council feels such a policy would be beneficial regarding the usage of public property for private or non-city sponsored events, I would recommend the task be considered by the Park and Recreation Commission in conjunction with input from staff and the YMCA. Ordinance 820 Report May 26, 2009 Page 2 Recommendation: Staff recommends the City Council approve the first reading of revised Ordinance 820. The second reading and adoption would take place at the June 22 City Council Meeting. Respectfully submitted, _______________________ James Ericson Clerk-Administrator Attachments: 1. Ordinance 820 2. Ordinance 808 ORDINANCE NO. 820 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING TITLE 600 BY DELETING CHAPTER 611 OF THE CITY CODE RELATING TO OUTDOOR SPECIAL EVENTS THE CITY OF MOUNDS VIEW ORDAINS: SECTION 1. The City Council of the City of Mounds View hereby amends Title 600 by deleting Chapter 611 in its entirety and striking all references thereto. SECTION 2. This ordinance shall take effect thirty (30) days after the date of its publication. First reading and introduction by the Mounds View City Council on May 26, 2009. Second reading and adoption by the Mounds View City Council on June 22, 2009. Published in the official City newspaper on July 2, 2009. __________________________________ Joe Flaherty, Mayor ATTEST: __________________________________ James Ericson, Clerk-Administrator (SEAL) ORDINANCE NO. 808 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING TITLE 600 OF THE MOUNDS VIEW CITY CODE BY ADDING A NEW CHAPTER 611 RELATING TO OUTDOOR SPECIAL EVENTS SECTION 1. The City Council of the City of Mounds View hereby amends Title 600, with a new Chapter 611 to the Mounds View Municipal Code by adding the underlined material as follows: CHAPTER 611 OUTDOOR SPECIAL EVENTS SECTION: 611.01: Findings of Fact; Purpose 611.02: Definitions 611.03: Permit Required 611.04: Permit Not Required 611.05: Permit Application 611.06: Permit Review 611.07: Permit Issuance 611.08: Indemnification Agreement 611.09: Insurance Requirements 611.10: Cleanup Deposit 611.11: Revocation of Permit 611.12: Violations 611.01: FINDINGS OF FACT; PURPOSE: This Chapter governs the time, place and manner of holding certain special events on public and private property when an event’s impact upon the health, fire, law enforcement, transportation or other services exceeds those regularly provided to that property. This Chapter is enacted in order to promote the health, safety and welfare of all residents and visitors of the City by ensuring that special events do not create disturbances, become nuisances, menace or threaten life, health and property, disrupt traffic or threaten or damage private or public property. It is not the intent of the City Council by enacting this Chapter to regulate in any manner the content of speech or infringe upon the right to assemble, except for regulating the time, place and manner of speech and assembly and this Chapter should not be interpreted or construed otherwise. Ordinance 808 Page 2 611.02: DEFINITIONS: As used in this Chapter, the following words and terms shall have the meanings ascribed to them in this Section: Subd. 1. PRIVATE EVENT. Any event in which the general public is not invited or admitted. Subd. 2. SPECIAL EVENT: Any concert, fair, show, festival, carnival, rally, party, tournament, street dance or other attended outdoor entertainment or celebration that is to be held on public or private property. 611.03: PERMIT REQUIRED: Any person or organization desiring to conduct or sponsor a Special Event in the City shall first obtain a Special Event permit from the City. 611.04: SPECIAL EVENT PERMIT NOT REQUIRED: Subd. 1. A Special Event permit is not required for the following types of events: a. Private Events; b. The Mounds View Festival in the Park event; and c. The use of traditional public forums as alternative channels of communication by the public, provided that such use is for the free exercise of constitutionally protected activities and does not disrupt or interfere with traffic on public streets or the use of public places by other members of the public. 611.05: SPECIAL EVENT PERMIT APPLICATION: Subd. 1. Any person or organization desiring to sponsor a Special Event that is not exempted by this Chapter must apply to the City for a Special Event permit. The Special Event permit application must be filed not less than 30 days in advance of the date in which the event is to occur. Subd. 2. Application Information: Special Event permit applications must include the following information: a. Type and description of the Special Event and a list of all activities to take place at the event; b. Name of the sponsoring entity, the names of at least two contact persons and their addresses and phone numbers, along with phone numbers where they can be reached on the date(s) of the event; c. Proposed date(s) of the Special Event, together with the beginning and ending times for each date; Ordinance 808 Page 3 d. Proposed location of the Special Event, including a diagram of the proposed area to be used showing the location of any barricades, perimeter/security fencing, entertainment, stages, portable toilets, parking areas, trash containers and any other items related to the event; e. Estimated numbers of Special Event staff, participants and spectators; f. Any public health plans, including supplying water to the site, solid waste collection and the number of toilet facilities that will be available; g. Any plans for first aid facilities and the name of the person or entity providing these services; h. Any fire prevention and emergency medical service plans; i. Security plans; j. Parking plans; k. Cleanup plans; l. The admission fee, donation or other consideration to be charged or requested for admission to the Special Event, if applicable; m. Whether any sound amplification or public address system will be used or if there will be any playing of any music or musical instruments; n. Copy of a letter to be sent by the applicant to residents within 500 feet of the Special Event informing them of the event; o. Signature of the applicant; and p. Any other information requested by the City, that it deems reasonably necessary in order to determine the nature of the Special Event. Subd. 3. Permit Fee: An applicant for a Special Event permit must pay a nonrefundable permit fee in the amount established from time to time by the City’s fee schedule. 611.06: PERMIT REVIEW: Subd. 1. The City Council shall review the Special Event permit application and make a determination on whether to issue the permit or deny it. Subd. 2. Inspection: Prior to City Council review, the site of the Special Event shall be inspected by the City Fire Marshal. Ordinance 808 Page 4 Subd. 3. Permit Denial: The City Council may deny an application for a Special Event permit if it determines from a consideration of the application or other pertinent information, that: a. The information contained in the application or supplemental information requested from the applicant is false or nonexistent in any material detail; b. The applicant fails to supplement the application after having been notified by the City of additional information or documents needed; c. The applicant fails to agree to abide or comply with all of the conditions and terms of the Special Event permit; d. The time, route, hours, location or size of the Special Event will unnecessarily disrupt the movement of other traffic within the area of the Special Event; e. The Special Event is of the size or nature that requires the diversion of too many law enforcement officers to properly police the event, site and contiguous areas that allowing the Special Event would unreasonably deny law enforcement protection to the remainder of the City and its residents; f. Another Special Event permit application has already been approved to hold another Special Event at the same time and place requested by the applicant or so close in time and place as to cause undue traffic congestion, or the City is unable to meet the needs to provide for law enforcement and other City services for both Special Events; g. The location of the Special Event would cause undue hardship for adjacent businesses or residents; h. The location of the Special Event will substantially interfere with any construction or maintenance work scheduled to take place upon or along public property or right-of-way; i. The Special Event would endanger public safety or health; j. The Special Event would seriously inconvenience the general public’s use of public property, services or facilities; k. The applicant fails to comply with the liability insurance requirements or the applicant’s insurance lapses or is canceled; l. The Special Event would create or constitute a public nuisance; Ordinance 808 Page 5 m. The Special Event would be likely to cause significant damage to public property or facilities; or n. The Special Event would engage in or encourage participants to engage in illegal acts. Subd. 4. Permit Conditions: The City Council may condition the issuance of a Special Event permit by imposing reasonable conditions concerning the time, place and manner of the Special Event, and such conditions are necessary to protect the safety of persons and property, and the control of traffic; provided that such conditions shall not unreasonably restrict the right of free speech. Such conditions may include, but are not limited to: a. Alteration of the date(s), time(s), route or location of the Special Event proposed; b. Elimination of an activity at the Special Event which cannot be mitigated to a point as to ensure public safety and welfare, or which causes undue liability to the City; c. Requirements concerning the accommodation of pedestrian or vehicular traffic; d. Requirements for the use of traffic cones or barricades; e. Requirements for the use of City personnel and equipment; f. Requirements for the provision of first aid or sanitary facilities; g. Requirements for the use of event monitors and the providing notice of the Special Event permit conditions to the events’ participants; h. Requirements on the number and type of vehicles, animals or structures to be allowed at the Special Event and the inspection and approval of structures by the City for safety purposes; i. Compliance with animal protection ordinances and laws; j. Requirements for the use of garbage containers and the cleanup and restoration of the property; k. Restrictions on the use of amplified sound and compliance with noise ordinances, regulations and laws; and l. Restrictions on the sale or consumption of food and alcohol. Ordinance 808 Page 6 611.07: PERMIT ISSUANCE: The City Clerk-Administrator shall issue the Special Event permit once the application has been approved by the City Council and the applicant has agreed to comply with the terms and conditions of the permit as well as the requirements of this Chapter. 611.08: INDEMNIFICATION AGREEMENT: If the Special Event, or any portion of the event is to be held on City property or right-of-way, prior to the issuance of a Special Event permit, the permit applicant and authorizing officer of the sponsoring organization, if any, must sign an agreement to indemnify, defend and hold the City, its officials, employees and agents harmless from any claim that arises in whole or in part out of the Special Event, except any claims arising solely out of the negligent acts or omissions of the City, its officials, employees and agents. 611.09: INSURANCE REQUIREMENTS: Subd. 1. Liability Insurance Required: The applicant or sponsor of a Special Event must possess or obtain liability insurance to protect against loss from liability imposed by law for damages on account of bodily injury or property damage arising from the Special Event. A certificate of insurance must be filed with the City prior to issuance of the Special Event permit. The certificate of insurance must name the City, its officials, employees and agents as additional insureds. Insurance coverage must be maintained for the duration of the Special Event. Subd. 2. Minimum Limits: Insurance coverage must be a commercial general liability policy. The minimum limits must be at least $1,000,000. The policy must also include an endorsement for liquor liability. The City Council may require additional endorsements depending upon the type of Special Event and proposed activities. Subd. 3. Waiver or Reduction of Required Limits: The City may waive or reduce the insurance requirements of this Chapter under the following circumstances: a. The applicant or officer of the sponsoring organization signs a verified statement that it believes that the Special Event’s purpose is First Amendment expression and that the cost of obtaining the insurance is so financially burdensome that it would constitute an unreasonable burden on the right of First Amendment expression; b. The applicant or an officer of the sponsoring organization signs a verified statement that the insurance coverage required by this Chapter is impossible to obtain; or c. The City Council determines that the insurance requirements are in excess of the reasonable risk presented by the proposed Special Event. Ordinance 808 Page 7 611.10: CLEANUP DEPOSIT: The applicant or sponsor of the Special Event involving the sale of food or beverages for immediate consumption, erection of structures, horses or other large animals or another activity likely to create a substantial need for cleanup may be required by the City to provide a cleanup deposit prior to issuance of the Special Event permit. The cleanup deposit shall be in an amount set by the City Council. The cleanup deposit will be returned to the applicant/sponsor if the area used for the Special Event has been cleaned and restored to the same condition as it existed prior to the event. If the property used for the event has not been properly cleaned or restored within 24 hours of the event completion, the applicant/sponsor will be billed for the actual cost by the City for the cleanup and restoration. The cleanup deposit will be applied toward payment of the bill. 611.11: PERMIT REVOCATION: Any Special Event permit issued pursuant to this Chapter may be summarily revoked by a City law enforcement officer at any time when, by reason of disaster, public calamity, riot or other emergency, the law enforcement officer determines that the safety of the public or property requires such revocation. The City Clerk-Administrator may also summarily revoke any Special Event permit issued pursuant to this Chapter if he or she finds that the permit has been issued based upon false information or when the permittee exceeds the scope of the permit. Notice of such action revoking a permit shall be delivered in writing to the permittee by personal service or certified mail at the address specified by the permittee in its application. 611.12: VIOLATIONS: Subd. 1. Unlawful to Sponsor a Special Event without a Permit: It is unlawful for any person to sponsor or conduct a Special Event requiring a permit pursuant to this Chapter unless a valid Special Event permit has been issued for the event. Subd. 2. Unlawful to Exceed the Scope of the Permit: The Special Event permit authorizes the Special Event permittee or sponsor to conduct only such a Special Event as is described in the permit, and in accordance with the terms and conditions of the permit. It is unlawful for the permittee or sponsor to willfully violate the terms and conditions of the permit. Subd. 3. Misdemeanor. Any person convicted of violating this section shall be guilty of a misdemeanor and shall be subject to a fine or imprisonment as specified by state statute. Each day in which a violation continues to occur shall constitute a separate offense. Violation of any provision of this section shall also be grounds for revocation of the Special Event permit. Ordinance 808 Page 8 SECTION 2. This ordinance shall take effect and be in force 30 days from and after its passage and publication, in accordance with Section 3.09 of the City Charter. Introduction and First Reading by the Mounds View City Council on June 9, 2008. Second Reading and Adoption by the Mounds View City Council on September 22, 2008. Publication Date: October 1, 2008 Rob Marty, Mayor Attest: Jim Ericson City Clerk-Administrator (seal) Item No: 7C Meeting Date: 5-26-09 Type of Business: CB Administrator Review: _____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Chief of Police, Mike Sommer Item Title/Subject: Authorization to Fill a Police Officer Position due to the Retirement of a Police Officer. Date of Report: May 26, 2009 Background: The Mounds View Police Civil Service Commission has a current eligibility list for Police Officer. Officer Steve Gerringer has retired effective May 22, 2009. His retirement created an opening for police officer on the police department. The purpose of this staff report is to seek approval to hire a replacement police officer from the current eligibility list to fill the vacancy created by the retirement. The police officer position is an essential public safety position within the city, and hiring a replacement as soon as practical is critical to maintaining uninterrupted continuity of policing services in the city. Delaying the replacement of this patrol officer position will result in a reduction of police service, and could result in additional expenses in terms of overtime cost to backfill the vacancy. Some cost savings will be realized with the hire of a new police officer who will probably start at step one, when compared to the step five rate of the officer being replaced. The Mounds View Police Civil Service Commission has approved a current eligibility list for police officer. The process of hiring a police officer from the current list involves: 1. Applicants must submit to a thorough background investigation including searches by local, state, and federal agencies. Applicants are checked to confirm they have successfully completed all training and licensing examinations. 2. Psychological Examination of selected candidates 3. Medical examination by a licensed physician 4. Candidate fingerprints to be sent to the BCA and FBI for clearance. 5. Final appointment Recommendation: I recommend approval be granted to hire a replacement police officer position to fill the opening created by the retirement. Respectfully submitted, Mike Sommer, Chief of Police RESOLUTION NO. 7451 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AUTHORIZATION TO HIRE A POLICE OFFICER WHEREAS, the Mounds View Police Civil Service Commission has a current eligibility list for Police Officer Positions, and; WHEREAS, the police department has an opening for police officer as a result of a retirement, and; WHEREAS, the police officer position is an essential position to the operations of the Police Department, and having a replacement officer in place as soon as practical following retirement is critical to maintaining uninterrupted continuity of functional Police operations, and; WHEREAS, the replacement officer shall be hired from the current Civil Service eligibility list. NOW, THEREFORE BE IT RESOLVED that the Mounds View City Council does herby approve filling the police officer vacancy created by the retirement by hiring an officer consistent with the hiring rules of the Mounds View Civil Service Commission, and the Mounds View City Council with a start time as soon as practical. Adopted this 26th day of May 2009. ________________________________ Joe Flaherty, Mayor ATTEST: _________________________________ James Ericson, Clerk-Administrator (SEAL) Item No: 7D Meeting Date: May 26, 2009 Type of Business: CB Administrator Review: _____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Chief of Police, Mike Sommer Item Title/Subject: Approval to Hire Kirsten Lafean as Police Officer Date of Report: 5-26-09 Background: The City Council has approved the hiring of a Police Officer for a current vacancy in the Police Department. The Police Civil Service has certified an active eligibility list for the position based on previously conducted testing components, which included written testing, and interviews. The top three candidates on the list are as follows: 1. Kirsten Lafean 2. Duwayne Nelson 3. Kenneth Koss The #1 candidate, Kirsten Lafean, has successfully completed all of the required testing procedures, which included a background examination, physical examination, psychological examination and physical agility testing. Staff have personally met and interviewed Ms. Lafean and recommends she be hired to the position. Recommendation: Staff seeks council approval to proceed with appointing Kirsten Lafean to the Position of Police Officer at the step one rate of pay for the position in accordance with the Law Enforcement Labor Services Contract, which governs the compensation for this position. This hire is to be effective on June 1st, 2009. Respectfully submitted, Mike Sommer Chief of Police RESOLUTION NO. 7452 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPOINTING KIRSTEN LAFEAN TO THE POSITION OF POLICE OFFICER WHEREAS, the City Council has approved the hiring of a Police Officer for a current vacancy in the Police Department, and the Police Civil Service Commission has approved the procedures for establishing an eligibility register to fill this vacancy, and; WHEREAS, the approved hiring procedures consist of a competitive written examination, resume scoring, oral interviews, background investigations, physical examination, psychological examination, and physical agility testing, and; WHEREAS, the Civil Service Commission has certified the eligibility list for the opening, and Kirsten Lafean is the top candidate standing on the eligibility register, and her background investigation, physical, psychological, and physical agility testing have all been successfully completed, and; WHEREAS, staff of the Police Department have met with Ms. Lafean, and the Chief of Police recommends she be appointed to the position of Police Officer. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does hereby appoint Kirsten Lafean to the position of Police Officer effective June 1, 2009 at the step one rate of pay as stipulated in the Law Enforcement Labor Services contract for the position. Adopted this 26thth day of May 2009. ______________________________ Joe Flaherty, Mayor ATTEST: _______________________________ James Ericson, Clerk-Administrator (SEAL) Item No: 07E Meeting Date: May 26, 2009 Type of Business: CB Administrator Review : ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, Clerk - Administrator Item Title/Subject: First Reading and Introduction of Ordinance 822, an Ordinance Adding Section 202.20 Establishing a Process for the Collection of Costs Associated with Emergency Services, Unpaid Service Charges and Fees, and Unpaid Administrative Offense Penalties Introduction: Last year the Charter Commission recommended approval of an amendment to the City Charter pertaining to Administrative Offenses and the fines associated with them. Ordinance 810, adopted by the City Council on July 28, 2008, added the following language to the Charter: Section 8.06. Certification of Administrative Offense Penalties. Authority is granted to the City of Mounds View to certify unpaid property-based administrative Offense penalties by certification to property taxes. Collection of Administrative Offense penalties shall proceed only in accordance with an ordinance adopted by the Council that must require at least the following: The City must give notice to the property owner listed on the official tax records at least 30 days prior to imposing the certification. The City must attempt to obtain voluntary payment of the fees and penalties and allow the property owner the opportunity to request certification to the property taxes as a method of payment. The City must provide an opportunity for a hearing regarding the certification before either the City Council or a neutral third party as specified in City Code. Administrative Offense penalties and charges must be directly related to the property being assessed according to City Code and as published in the fee schedule. Certifications under this ordinance shall be imposed pursuant to Minnesota State Statutes including 366.011, 366.012, 415.01, and 429.101, as amended and as specified in City Code. And also: 12.14. Fines and Civil Penalties. The Council may provide by ordinance that a violation of a City ordinance is either a misdemeanor or a petty misdemeanor, punishable in accordance with State law. The Council shall establish by ordinance a procedure for imposing a civil penalty known as an administrative offense as defined in City Code. Ord 822 Report May 26, 2009 Page 2 Discussion: While the City Code already outlines the process relating to administrative offenses in Chapters 202 and 702 of the City Code, the City Attorney felt additional language would be needed in both chapters to ensure consistency with the Charter, and to the extent possible, MN Statutes, as well as to provide some additional flexibility relating to other fines that could potentially be certified as a special assessment against a property. Recommendation: Ordinance 822 is attached for the City Council’s review and consideration which adds new language to Chapter 202. Staff and the City Attorney recommend approval of the first reading and introduction of Ordinance 822 with a second reading and potential adoption to occur on June 22, 2009. Respectfully submitted, ________________________ James Ericson Clerk - Administrator Attachment: 1. Ord 822 ORDINANCE NO. 822 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING TITLE 200, CHAPTER 202, OF THE MOUNDS VIEW CITY CODE BY ADDING SECTION 202.20 ESTABLISHING A PROCESS FOR THE COLLECTION OF COSTS ASSOCIATED WITH EMERGENCY SERVICES, UNPAID SERVICE CHARGES AND FEES, AND UNPAID ADMINISTRATIVE OFFENSE PENALTIES THE CITY OF MOUNDS VIEW ORDAINS: SECTION 1. The City Council of the City of Mounds View hereby amends Title 200, Chapter 202, of the Mounds View Municipal Code by adding Section 202.20 as follows: 202.20: CHARGES FOR EMERGENCY SERVICES; COLLECTION; COLLECTION OF UNPAID SERVICE CHARGES AND FEES; COLLECTION OF UNPAID ADMINISTRATIVE OFFENSE PENALTIES: Subd. 1. Authority. This section is adopted pursuant to Minnesota Statutes, Sections 415.01, 366.011, and 366.012 and Section 8.06 of the City Charter. Subd. 2. Charges for emergency services; collection. The city may impose a reasonable service charge for emergency services, including fire, rescue, medical, and related services provided by the city or contracted for by the city. If the service charge remains unpaid 30 days after a notice of delinquency is sent to the recipient of the service or the recipient's representative or estate, the city or its contractor on behalf of the city may use any lawful means allowed to a private party for the collection of an unsecured delinquent debt. The city may also use the authority of Section 202.20, Subd. 3, to collect unpaid service charges of this kind from delinquent recipients of services who are owners of taxable real property in the city, or areas served by the city for emergency services. Subd. 3. Collection of unpaid service charges and fees. If the city is authorized to impose a service charge or fee on the owner, lessee, or occupant of property, or any of them, for a governmental service provided by the city, the city may certify to the county auditor, on or before October 15 for each year, any unpaid service charges or fees which shall then be collected together with property taxes levied against the property. A charge or fee may be certified to the auditor only if, on or before September 15, the city has given written notice to the property owner of its intention to certify the charge or fee to the auditor. The service charges or fees shall be subject to the same penalties, interest, and other conditions provided for the collection of property taxes. This section is in addition to any other law authorizing the collection of unpaid costs and service charges or fees. Ordinance 822 Page 2 Subd. 4. Collection of unpaid administrative offense penalties and charges. Subject to the requirements set forth herein, the city may certify to the county auditor, on or before November 15 of each year, any unpaid fees, penalties and charges for an administrative offense as defined in Section 702.02 of this Code which shall then be collected together with property taxes levied against the property. Prior to such certification, the city must attempt to obtain voluntary payment of the fees, penalties and charges and allow the property owner the opportunity to request certification to the property taxes as a method of payment. A fee, penalty or charge may be certified to the auditor only if, at least thirty days prior to imposing the certification, the city has given written notice to the property owner listed on the official tax records of its intention to certify the penalty or charge to the auditor. Property owners notified by the city for the purpose stated herein have the right to request a hearing before the City Council or a neutral third party. Only fees, penalties and charges directly related to the property being assessed may be assessed through the manner set forth in this section. The fees, penalties and charges will be assessed as published in the fee schedule of the City. This section is in addition to any other law authorizing the collection of unpaid fees, penalties and charges. Subd. 5. The powers conferred by this section are in addition and supplemental to the powers conferred by any other law for a city to impose a service charge or assessment for a service provided by the city or contracted for by the city. SECTION 2. This ordinance shall take effect and be in force 30 days from and after its passage and publication, in accordance with Section 3.09 of the City Charter. Introduction and First Reading by the Mounds View City Council on May 26, 2009. Second Reading and adoption by the Mounds View City Council on June 22, 2009. Published in the official City newspaper on July 2, 2009. Joe Flaherty, Mayor Attest: _________________________________ Jim Ericson, City Clerk-Administrator (seal) Item No: 07F Meeting Date: May 26, 2009 Type of Business: CB Administrator Review: _____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, Clerk - Administrator Item Title/Subject: First Reading and Introduction of Ordinance 823, an Ordinance Amending Chapter 702 of the Mounds View City Code by Amending Section 702.02 as to the Process for the Collection of Fees, Penalties and Charges Associated with Unpaid Administrative Offense Penalties Introduction: Last year the Charter Commission recommended approval of an amendment to the City Charter pertaining to Administrative Offenses and the fines associated with them. The City Council enacted the amendment via approval of Ordinance 810, which was adopted on July 28, 2008. (Refer to the staff report associated with Item 07E for the language added to the City Charter.) Discussion: While the City Code already outlined the process relating to administrative offenses in Chapters 202 and 702 of the City Code, the City Attorney felt additional language would be needed in both chapters to ensure consistency with the Charter, and to the extent possible, MN Statutes, as well as to provide some additional flexibility relating to other fines that could potentially be certified as a special assessment against a property. The attached Ordinance 823 makes the requisite changes to Chapter 702 as recommended by the City Attorney, which clearly articulates that unpaid property-based administrative offense fines may be certified to the property taxes as a special assessment. Recommendation: Ordinance 823 is revises language in Chapter 702. Staff and the City Attorney recommend approval of the first reading and introduction of Ordinance 823 with a second reading and potential adoption to occur on June 22, 2009. Respectfully submitted, ________________________ James Ericson Clerk - Administrator Attachment: 1. Ord 823 ORDINANCE NO. 823 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING TITLE 700, CHAPTER 702, OF THE MOUNDS VIEW CITY CODE BY AMENDING SECTION 702.02 AS TO THE PROCESS FOR THE COLLECTION OF FEES, PENALTIES AND CHARGES ASSOCIATED WITH UNPAID ADMINISTRATIVE OFFENSE PENALTIES THE CITY OF MOUNDS VIEW ORDAINS: SECTION 1. The City Council of the City of Mounds View hereby amends Title 700, Chapter 702, of the Mounds View Municipal Code by amending Section 702.02, Subdivisions 5, 6 and 7 with the additional and the stricken language as follows: 702.02: ADMINISTRATIVE OFFENSES 1: Subd. 5. Payment of Fine; Late Charges: a. Once such notice is given, the person responsible for the violation shall, within seven (7) days of the time of issuance of the notice, pay full satisfaction of the stated violation schedule to the City Finance Director/Treasurer. b. The penalty may be paid in person or by mail, and payment shall be admission of the violation. c. A late charge shall be imposed for each seven (7) days the penalty remains unpaid after the first seven (7) day period. Subd. 6. Failure to Pay; Complaint; Certification and Hearing: a. If a violator fails to pay the penalty imposed, the Clerk-Administrator may order the issuance of an ordinance complaint as authorized by law2, and the violation shall be processed as a crime by the Ramsey County District Municipal Court as provided for in Minnesota Statutes, section 488A.18, subdivision 7(2). b. Alternatively, subject to the requirements set forth herein, the City may certify to the county auditor any unpaid fees, penalties and charges for a violation which shall then be collected together with property taxes levied against the property. Prior to such certification, the City must attempt to obtain voluntary payment of the fees, penalties and charges as provided in this Section and allow the property owner the opportunity to request certification to the property taxes as a method of payment. A fee, penalty or charge may be certified to the auditor only if, at least thirty days prior to imposing the certification, the city has given written notice to the property owner listed on the official tax records of its intention to certify the penalty or charge to the auditor. Property owners notified by the city for the purpose stated herein have the 1 See also subdivisions 104.01(3) and (6), and subdivision 202.20(D) of this Code. 2 M.S.A. §412.861. Ord 823 Page 2 right to request a hearing before the City Council or a neutral third party. Only fees, penalties and charges directly related to the property being assessed may be assessed through the manner set forth in this section. c. This Section is in addition to any other law authorizing the collection of unpaid fees, penalties and charges. Subd. 7. Hearing on Administrative Offense Violation: a. Request for Hearing: Any person aggrieved by this Section as to an administrative offense violation may request, within seven (7) days of the time of issuance of the notice, to be heard by the hearing officer who shall hear and determine the grievance. b. Hearing Officer: The Clerk-Administrator shall be the hearing officer, and the Clerk-Administrator or a designee is authorized to hear or determine a case or controversy relative to this Section. The hearing officer is not a Judicial officer and is a public officer as defined by Minnesota Statutes, section 609.415 and subject to Minnesota Statutes relating to public officers. c. Determination of Case: The hearing officer shall have the authority to dismiss the violation for cause, reduce or waive the penalty upon such terms and conditions as can be agreed upon by the parties; however, reasons for such dispositions shall be stated, in writing, by said hearing officer. If the violation is sustained by the hearing officer, the violator shall pay satisfaction of the penalty or shall sign an agreement to pay upon such terms and conditions as set forth by the hearing officer. SECTION 2. This ordinance shall take effect and be in force 30 days from and after its passage and publication, in accordance with Section 3.09 of the City Charter. Introduction and First Reading by the Mounds View City Council on May 26, 2009. Second Reading and adoption by the Mounds View City Council on June 22, 2009. Published in the official City newspaper on July 2, 2009. Joe Flaherty, Mayor Attest: _________________________________ Jim Ericson, City Clerk-Administrator (seal) Item No: 08A Meeting Date: May 26, 2009 Type of Business: CA City Administrator Review: __________ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Barb Benesch, Administrative Assistant Item Title/Subject: CONTRACTOR LICENSES FOR APPROVAL Please consider the following contractor licenses for approval. All contractor licenses will expire on December 31, 2009. All applicants have submitted appropriate fees and proof of insurance. Those companies that are “new” include applicants that have never been licensed with the City or they may have been licensed with the City in the past, but were not licensed in 2008. The majority of the licenses are renewals, so at a minimum, they were licensed in 2008. The type of license they are applying for follows the company name. Bituminous Roadways, Inc. Asphalt Renewal Dependable Indoor Air Quality HVAC Renewal Staff Recommendation: Approve license applications as requested. Corrections made by Clerk -Administrator Ericson, Asst. City Clerk -Administrator Crane, Community Development Director Ken Roberts and Finance Director Mark Beer PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1 CITY OF MOUNDS VIEW 2 RAMSEY COUNTY, MINNESOTA 3 4 Regular Meeting 5 April 27, 2009 6 Mounds View City Hall 7 2401 Highway 10, Mounds View, MN 55112 8 7:05 P.M. 9 10 11 1. MEETING IS CALLED TO ORDER AT 7:05 P.M. 12 13 2. PLEDGE OF ALLEGIANCE 14 15 3. ROLL CALL: Flaherty, Stigney, Hull, Mueller. 16 17 NOT PRESENT: Gunn. 18 19 4. APPROVAL OF AGENDA 20 A. Monday, April 27, 2009, City Council Agenda. 21 22 MOTION/SECOND: Mueller/Hull. To Approve the Monday, April 27, 2009, agenda as 23 presented. 24 25 Ayes – 4 Nays – 0 Motion carried. 26 27 5. PUBLIC INPUT 28 29 Gary Meehlhause, 7400 Park View Drive, and member of the Planning Commission, presented the 30 seven values considered by Deluxe Corporation when evaluating employees. He explained that 31 discussions of the two cases at the Planning Commission meeting became heated and personal at 32 times. He stated that he allowed that frustration to affect his conduct in treating others with 33 respect. Mr. Meehlhause stated he had apologized to the Planning Commissioners involved and 34 now wanted to offer a personal apology to the City Council who had appointed him to the 35 Planning Commission and to City staff for allowing that personal frustration to affect his conduct 36 towards those that he holds in high regard. 37 38 6. SPECIAL ORDER OF BUSINESS 39 40 A. Proclamation for Building Safety Week. 41 42 Mayor Flaherty read in full a Proclamation declaring May 3-9, 2009, as Building Safety Week. 43 44 B. Proclamation for Arbor Day 45 46 Mounds View City Council April 27, 2009 Regular Meeting Page 2 Mayor Flaherty read in full a Proclamation declaring May 7, 2009, as Arbor Day. 1 2 Council Member Mueller commented that trees are vital to humanity and she is proud of Mounds 3 View for being a Tree City. 4 5 7. COUNCIL BUSINESS 6 A. 7:05 p.m. Public Hearing and Consideration of Resolution 7444 Regarding a 7 Conditional Use Permit Application for Robert’s Sports Bar Located at 2400 8 County Road H2. 9 10 Community Development Director Roberts presented the application of Robert’s Sports Bar for a 11 Conditional Use Permit (CUP) to hold flea markets, farmer’s markets, and auctions at its facility 12 from April 2 to September 30 of each year. The intended use is on Thursdays, Saturday and 13 Sundays from 7:30 a.m. to 1:30 p.m. and auctions two times each month that would be conducted 14 by GSC Auction Services. Community Development Director Roberts described the availability 15 of parking and Mr. Halverson’s proposal to rent 80 parking spots to vendors. It was noted the 16 intended use is during morning hours before the sports bar is busy. 17 18 Community Development Director Roberts presented Zoning Code criteria to be considered on the 19 relationship of the requested use with the Comprehensive Plan, location and character of the 20 surrounding area, potential for depreciation, and demonstrated need for such a use. He stated this 21 has been a challenging request and while the City supports local businesses it also has to assure 22 that new uses meet all Code requirements and are not disruptive to neighboring properties. He 23 advised of the e-mail received from the operator of Moe’s Restaurant expressing concern about 24 parking and overflow traffic. An agreement is in place with the owners of the Taiko Sushi Bar to 25 the east for overflow parking so it is not thought that parking will be an issue. 26 27 Mayor Flaherty opened the public hearing at 7:26 p.m. 28 29 Kevin Halverson, applicant and owner of Robert’s Sports Bar, asked that staff call him should any 30 problems come up and to allow a grace period to resolve issues. He stated he hopes the proposed 31 use will bring business to Moe’s Restaurant, which is opened for breakfast, and if parking is a 32 problem, he could consider another parking location and busing patrons to his site. 33 34 Hearing no additional public input, Mayor Flaherty closed the public hearing at 7:29 p.m. 35 36 Council Member Mueller stated the previous owner of Robert’s held Saturday morning auctions at 37 that location. Mr. Halverson explained that auction has five owners and when Robert’s closed, it 38 was moved to the Eagle’s Club on Highway 65. Mr. Halverson stated his intention is to hold the 39 auction outside, but without the use of a microphone or speaker system. 40 41 Council Member Mueller stated it appears Mr. Halverson is working with a reputable auctioneer. 42 Mr. Halverson stated that is correct and the auctioneer is licensed, insured, and has a wide 43 following of customers. He stated his hope this will provide a different service than available in 44 Mounds View to bring in people and more patrons for Mounds View’s businesses. 45 Mounds View City Council April 27, 2009 Regular Meeting Page 3 1 Council Member Hull stated his concern that both the primary and secondary entrance points be 2 open. Community Development Director Roberts stated both entrances may be open but the 3 primary entrance will be off County Road H2, which is more of a commercial street. 4 5 Council Member Hull noted traffic could backup onto County Road 10 so he believed the second 6 entrance should be used. Mr. Halverson explained that the vendors will be on one side with 7 parking on the other so the County Road H2 entrance will provide more control and not conflict 8 with the vendors. 9 10 Mayor Flaherty stated people in Mounds View have indicated they like the “small town” flavor 11 and that fits well with a farmer’s market. He thanked Mr. Halverson for providing the business 12 plan and noted the auction dates are only on the 1st and 15th of the month and will be conducted 13 without a microphone. In addition, Mr. Halverson now has an agreement with the Taiko Sushi Bar 14 for overflow parking. Mayor Flaherty suggested Mr. Halverson provide a copy of that agreement 15 in writing. He stated if approved, the City will expect Mr. Halverson to respond immediately to 16 issues that may arise. He clarified that the letter from Mr. Moritko of Moe’s Restaurant is not an 17 objection but asking Mr. Halverson to be vigilant with regard to traffic flow and parking. 18 19 Council Member Mueller asked if Mr. Halverson has insurance on his parking lot should an 20 accident or injury occur. Mr. Halverson stated his insurance also covers the parking lot. 21 22 Council Member Mueller asked if the vendors would be permitted separately by the City. Mr. 23 Halverson described what will occur inside Robert’s with food sales and availability of the 24 restrooms. He explained that Health Department inspections and submission of sales tax will be 25 regulated by the State of Minnesota. Mr. Halverson stated they plan to have two auctions a month; 26 however, they may not fall on the 1st and 15th of the month. 27 28 Council Member Mueller asked if the Fire Department has reviewed the parking plan. Community 29 Development Director Roberts stated the Fire Department has not. Mr. Halverson stated the 30 parking design has not changed so emergency access remains the same. 31 32 Mayor Flaherty recommended the second access be open since it may be needed for emergency 33 access. He noted there will be no sale of alcohol or tobacco products. Mr. Robert’s stated 34 beverages sold outside will be in a can or container so they can be identified. 35 36 MOTION/SECOND: Mueller/Hull. To Waive the Reading and Adopt Resolution 7444 37 Approving a Conditional Use Permit to Allow an Outside Sales Operation at 2400 County Road 38 H2; Planning Case No. CU2009-001. 39 40 Council Member Stigney reviewed Condition 3 indicating the outdoor sales will occur only on 41 Thursdays, Saturdays, and Sundays, a maximum of two outdoor auctions each month. However, 42 Mr. Halverson has indicated they will not necessarily be held on the 1st and 15th of the month. 43 Council Member Stigney asked when the events will be held and if they will be an auction or flea 44 market. Community Development Director Roberts stated the event could be either an auction or 45 Mounds View City Council April 27, 2009 Regular Meeting Page 4 flea market and will be limited to 80 vendors. He stated that Condition 3 could be clarified. 1 2 Council Member Stigney stated he thought the events would be held indoors, but the Resolution 3 refers to outdoor with no reference to indoor. Community Development Director Robert explained 4 that a CUP is not required to sell merchandise inside the building. 5 6 Council Member Stigney asked if larger items may be auctioned inside the building even though 7 on display outside. Community Development Director Roberts stated they could conduct an 8 auction in that way, or hold the auction outside. 9 10 Council Member Stigney asked if the vendors could auction their merchandise. Community 11 Development Director Roberts stated the auction would be conducted by the licensed auctioneer. 12 Council Member Stigney asked staff to clarify that point in the Resolution. 13 14 Council Member Stigney referenced Condition 6 regarding signage and asked where the signs can 15 be located, within the vendor’s rental space or along the boulevard. Community Development 16 Director Roberts stated staff will clarify the language so the signage has to be within the vendor’s 17 space. 18 19 Mr. Halverson stated he spoke with staff about this condition and that a City sign permit would be 20 needed, which limits the number of days on display. He stated vendors will have signage inside 21 their booth, but not along the boulevard. Also, the vendor’s vehicle may have a sign on it. 22 23 Council Member Stigney referenced Condition 9 indicating there would be no loudspeakers or 24 public address systems. He asked if there would also be no megaphones or bullhorns. Community 25 Development Director Roberts stated that was the intent. 26 27 Council Member Stigney asked if fresh fish, poultry and other meats should be available for sale, 28 or just fresh produce. He also asked if the vendor will have their State license on display. 29 Community Development Director Roberts stated that requirement can be added to Condition 10. 30 31 Council Member Stigney asked about payment of sales tax. Community Development Director 32 Roberts stated that is part of the auctioneer’s State licensure. 33 34 Council Member Stigney expressed concern that the CUP is being considered on a permanent 35 basis but he would support an interim permit so it can be operated on a trial basis and then 36 reevaluated at the end of the season. Clerk-Administrator Ericson advised that an expiration or 37 renewal date cannot be considered, by State Law, for CUPs. 38 39 Mayor Flaherty stated he had been assured by staff that the CUP contained enough legalese for 40 review and revocation if problems occur and it doesn’t work out. 41 42 Council Member Stigney stated he would like to include language that the operation will be 43 reviewed and resident input received. Clerk-Administrator Ericson stated the City Attorney is 44 recommending that language not be included in the CUP; however, the Council can hold a public 45 Mounds View City Council April 27, 2009 Regular Meeting Page 5 hearing at any time to request public comment. In addition, violation of any of the CUP conditions 1 or the Code can result in reconsideration and revocation. Community Development Director 2 Roberts stated that issue is addressed in the Now Therefore clause. 3 4 Council Member Stigney stated he remains concerned about the sale of poultry and would like the 5 basis for review to be identified. Community Development Director Roberts stated he is 6 confident the Council can review the use at any time. 7 8 Mayor Flaherty asked staff to revise the language to identify the second entrance and require it 9 remain open. Clerk-Administrator Ericson suggested adding Condition 15 to identify and 10 maintain the second access and Condition 16 that the lane width between the parking stalls be 11 maintained to assure the vendor stalls do not infringe into that space. 12 13 Council Member Stigney asked if there is adequate insurance to cover any injury or accident. 14 Community Development Director Roberts stated that is not a City issue or liability, it rests with 15 the property owner. 16 17 Council Member Mueller asked whether the proof of insurance is adequate. Community 18 Development Director Roberts stated that insurance is different from the coverage for liquor sales, 19 which occurs inside the building. Mr. Halverson stated that Robert’s Sports Bar has insurance 20 through the State for anyone who enters the property. In addition, the auctioneer has insurance. 21 He stated the liability limit of Robert’s policy is over $1 million. 22 23 Finance Director Beer asked if there could be recourse against the City because it issued a CUP for 24 this activity. Mayor Flaherty suggested staff ask this question of the City Attorney. 25 26 Council Member Mueller and Council Member Hull accepted the friendly amendments, as 27 discussed, for language clarity in Conditions 3, 6, and 10, and the addition of Conditions 15 and 28 16. 29 30 Council Member Mueller stated this is a creative way for a business to “stay afloat” during 31 difficult economic times and she looks forward to attending the farmer’s market and auctions. She 32 encouraged Mr. Halverson to collaborate with his neighbor to the northwest to assure no issues 33 arise. 34 35 Council Member Hull thanked the Planning Commission for their work on this application. 36 37 Ayes – 4 Nays – 0 Motion carried. 38 39 B. Resolution 7445 Approving the 2009 Comprehensive Plan Update and 40 Authorizing Submittal to the Metropolitan Council. 41 42 Community Development Director Roberts presented staff’s recommendation to approve the 43 Comprehensive Plan Update and submit it to the Metropolitan Council, for review, which can take 44 three months. He advised of agency responses and that those comments have been incorporated 45 Mounds View City Council April 27, 2009 Regular Meeting Page 6 into the Plan. 1 2 Mayor Flaherty opened the public hearing at 8:13 p.m. 3 4 Hearing no public input, Mayor Flaherty closed the public hearing at 8:13 p.m. 5 6 Council Member Mueller read the last paragraph on Page 6-37 of the Plan detailing the Council’s 7 action on November 24, 2008, to adopt a Resolution opposing an expansion to the Anoka County 8 Blaine Airport runways. She thanked staff for adding that update in the Comprehensive Plan. 9 10 Mayor Flaherty referenced comments from the Rice Creek Watershed District for additions and 11 asked if item b, Policies, indicating City resources will be used to resolve transportation issues 12 should be included since the Council will be considering whether to continue participation in the I-13 35W Coalition. Clerk-Administrator Ericson stated it is appropriate to retain that comment since 14 the Council supports their action even if the Council decides to no longer participate with the I-15 35W Coalition. 16 17 MOTION/SECOND: Stigney/Mueller. To Waive the Reading and Adopt Resolution 7445 18 Approving the Updated Comprehensive Plan and Authorizing its submittal to the Metropolitan 19 Council; Planning Case No. SP-154-07. 20 21 Ayes – 4 Nays – 0 Motion carried. 22 23 C. Resolution 7446 Adopting a Budget Calendar for Preparation of the 2010 24 Budget. 25 26 Finance Director Beer stated the Charter requires the Council to establish a calendar for budget 27 preparation of the upcoming year. He presented the draft calendar, advising of dates scheduled 28 and topics to be addressed. 29 30 Mayor Flaherty opened the public hearing at 8:20 p.m. 31 32 Hearing no public input, Mayor Flaherty closed the public hearing at 8:20 p.m. 33 34 Mayor Flaherty commented on mandate legislation being considered, one regarding the Truth in 35 Taxation public hearing. He stated he thinks it is important to hold the hearing, even if the 36 mandate to do so is removed. Finance Director Beer explained for the past four years, Mounds 37 View has not met the criteria to hold a public hearing because the indexed percentage threshold 38 has not been exceeded. The City has held a TNT hearing, even though the City was not required 39 to and should continue because it gives the residents an opportunity to comment on the levy and 40 budget. 41 42 MOTION/SECOND: Mueller/Hull. To Waive the Reading and Adopt Resolution 7446 Adopting 43 a Budget Calendar for Preparation of the 2010 Budget. 44 45 Mounds View City Council April 27, 2009 Regular Meeting Page 7 Ayes – 4 Nays – 0 Motion carried. 1 2 3 D. Resolution 7447 Adopting the Local Surface Water Management Plan. 4 5 Joe Rhein, Consulting Engineer with Bonestroo, presented the recommendation to adopt the Local 6 Surface Water Management Plan (LSWMP), which is required to obtain Metropolitan Council 7 approval of the City’s Comprehensive Plan Update. He advised that the LSWMP had been 8 distributed for agency review and updated to address comments received. The Rice Creek 9 Watershed District has adopted a resolution to approve the City’s LSWMP. Mr. Rhein advised 10 that as authorized by the Council, the map was updated to include MS4 components. 11 12 Mayor Flaherty opened the public hearing at 8:25 p.m. 13 14 Hearing no public input, Mayor Flaherty closed the public hearing at 8:25 p.m. 15 16 MOTION/SECOND: Mueller/Stigney. To Waive the Reading and Adopt Resolution 7447 17 Adopting the Local Surface Water Management Plan. 18 19 Mayor Flaherty stated the City’s appreciation to Mr. Rhein and Bonestroo Engineering for their 20 work and asked if the MS4 map will be posted to the City’s website. Mr. Rhein stated an 21 electronic copy of the LSWMP is being provided so the map can be posted to the website. Clerk-22 Administrator Ericson advised that the wetland map is already posted to the City’s website. 23 24 Ayes – 4 Nays – 0 Motion carried. 25 26 E. First Reading of Ordinance 820, an Ordinance Revising Section 611.04 of the 27 City Code Pertaining to Outdoor Special Events. 28 29 Assistant Clerk-Administrator Crane presented the amendment adding language to exempt City 30 sponsored events from the Special Events Policy. She explained that if adopted, the ordinance 31 would become effective June 20, 2009. However, the Park, Recreation and Forestry Commission 32 would like to hold an event in early June, 2009. She requested Council consideration to allow the 33 event to be held without payment of a fee. 34 35 Assistant Clerk-Administrator Crane advised of complaints received regarding this ordinance 36 because they feel it is driving away events while others have expressed no objection. She 37 suggested that topic be further discussed at a future Workshop meeting. 38 39 Darren Peterson, Parks, Recreation and Forestry Commissioner, explained the Music in the Park 40 event planned at City Hall Park for June 9 with a backup date of June 2. Because a sponsor will be 41 paying for the cost of the band, it will be a free event. 42 43 Council Member Mueller asked if the event will be completed by 10:00 p.m. Mr. Peterson 44 answered in the affirmative, noting it is being planned from 7:30 p.m. to 9:15 p.m. Council 45 Mounds View City Council April 27, 2009 Regular Meeting Page 8 Member Mueller stated her support for Music in the Park and asked if they have a back up 1 location. Mr. Peterson stated it is a 70-person band so there is no back up location that would 2 work well. Depending on its success, there is a possibility of more frequent events. 3 4 Council Member Stigney asked who is paying to set up the chairs for the band. Mr. Peterson 5 stated the band has asked for chairs and a PA connection. The YMCA has committed use of the 6 Community Center chairs and to set them up. If needed, volunteers will also assist. Mr. Peterson 7 stated they will ask City staff to assist with clean up. Council Member Stigney asked who will pay 8 for that cost. Mr. Peterson stated they would look to the City or they could ask the sponsor. 9 10 Mayor Flaherty stated the residential area is 500-700 feet away and asked if a PA system is 11 necessary. Mr. Peterson stated he does not know but will ask the director of the band. 12 13 Jonathan Thomas, 8040 Groveland Road, explained the PA system is probably needed to speak 14 with the crowd, announce the group, and names of the songs to be played. 15 16 Mr. Peterson stated they may ask the local cable TV to tape the event for future broadcast. He 17 stated they can provide additional details, once known, before the event is held. 18 19 MOTION/SECOND: Mueller/Hull. To Waive the First Reading of Ordinance 820, an Ordinance 20 Amending Section 611.04 of the City Code Relating to Outdoor Special Events. 21 22 Ayes – 4 Nays – 0 Motion carried. 23 24 F. Second Reading of Ordinance 819, an Ordinance to Approve an Amendment 25 to Chapter 7, Section 7.03 of the City Charter Relating to Fees. 26 27 Clerk-Administrator Ericson presented the proposed Ordinance to amend Chapter 7 of the City 28 Charter to clarify fees and which fees are subject to annual increase limitations. It was noted the 29 City Attorney has indicated that the annual reauthorization is a separate act from the franchise and 30 when it expires in 2010 and 2018, it would not require a referendum. 31 32 Council Member Mueller asked about the Charter Commission’s consideration. Charter Chair 33 Jonathan Thomas explained the Charter Commission wanted this section to indicate what was 34 specifically included, costs related to them, and why a fee would be exempt from the cap. He 35 stated this amendment clarifies how the fees are applied and was a significant challenge to draft. 36 37 Council Member Stigney read a section indicating “…provided by the City that for those 38 applicable” and asked if it could be clarified. Chair Thomas explained the suggested language was 39 taken directly from State Statute and is recommended by the Attorney. 40 41 Council Member Stigney stated he is uncomfortable leaving the franchise fee open to have a total 42 exclusion for additional amounts. Clerk-Administrator Ericson explained the exclusion is to not 43 put it into a referendum category but the amount it can be increased is still restricted. The change 44 clarifies that it is not a new fee subject to a referendum. 45 Mounds View City Council April 27, 2009 Regular Meeting Page 9 1 Chair Thomas stated if the franchise fee is increased more than 5%, it would go to referendum. 2 3 Clerk-Administrator Ericson clarified that when there is a new franchise agreement, the City 4 remains bound by the limitation of the Charter to not increase by more than 5%. Currently the 5 limit is to not increase the franchise fee by more than 4%. 6 7 Council Member Stigney noted the Council is being asked to make this Charter amendment 8 without it going to a referendum. He stated he is philosophically against having a franchise fee 9 plus a levy going to the same tax payers. Rather, he thinks they should be wrapped into one. 10 11 Chair Thomas stated if the Council is against the franchise fee concept, it can make that 12 determination in 2012. 13 14 Finance Director Beer noted the Legislature is considering giving local tax authority to counties 15 and cities to have a sales tax and that would have to be via referendum. With regard to combining 16 the franchise fee and levy, he noted the levy is a set dollar amount but the franchise fee is a fixed 17 rate and variable depending on things like energy costs. Thus, the City could not stay within the 18 constraints of Section 7.03 if the two are combined. 19 20 Chair Thomas stated the levy is based on property tax, not on the use of energy or water, and that 21 is why service based fees or cost of services based fees are separated out. 22 23 Clerk-Administrator Ericson suggested this consideration be postponed to allow participation by 24 Council Member Gunn. In addition, five affirmative votes are required to adopt. 25 26 Council Member Stigney stated he looks at the aggregate amount of all fees within the 5% cap. 27 However, Council Member Gunn interpreted that it means each individual fee cannot increase by 28 5%. 29 30 Chair Thomas explained the consideration is each individual fee since each fee has its own 31 accounting method and requirements. He noted that it does not put specific limits on fees that are 32 cost based. However, it does put specific limits on a fee for a service where the cost of that service 33 does not change from year to year. All of the caps are percentage based. 34 35 MOTION/SECOND: Mueller/Flaherty. To Postpone Consideration of Ordinance 819, an 36 Ordinance Amending Chapter 7, Section 7.03, of the City Charter Relating to Fees Subject to 37 Provisions of Section 7.03, Subdivisions 1 and 2. 38 39 Ayes – 4 Nays – 0 Motion carried. 40 41 8. CONSENT AGENDA 42 43 Mayor Flaherty asked to remove Item B. 44 45 Mounds View City Council April 27, 2009 Regular Meeting Page 10 A. Licenses for Approval. 1 B. Resolution 7443 Recommending Approval of the Repurchase Application of 2 2220 Lambert Avenue. 3 4 MOTION/SECOND: Mueller/Hull. To Approve Consent Agenda Item A. 5 6 Ayes – 4 Nays – 0 Motion carried. 7 8 B. Resolution 7443 Recommending Approval of the Repurchase Application of 9 2220 Lambert Avenue. 10 11 Clerk-Administrator Ericson explained that in this case, the property did not have a mortgage and 12 went tax forfeit due to nonpayment of taxes. He noted the County asked the municipality if there 13 were Code compliance or other issues with the property. In this case, there were no problems and 14 approval is more of a formality since the City has no control over the transaction. 15 16 MOTION/SECOND: Flaherty/Stigney. To Waive the Reading and Adopt Resolution 7443, 17 Recommending to the Ramsey County Board of Commissioners Approval of the Repurchase 18 Application Submitted for 2220 Lambert Avenue. 19 20 Ayes – 4 Nays – 0 Motion carried. 21 22 9. JUST AND CORRECT CLAIMS 23 24 Mayor Flaherty referenced Page 1, claim to ABRA for damage repair. Clerk-Administrator 25 Ericson stated it was likely the repair needed when a motorcycle clipped the bumper of the Police 26 vehicle. Mayor Flaherty asked staff to verify and provide that information to the Council. 27 28 Council Member Mueller referenced Page 14, Query Fee to the City of Minneapolis. Finance 29 Director Beer stated it is an annual fee to utilize their pawn shop query system. 30 31 Council Member Mueller referenced Page 16, claim for a sofa mattress. Finance Director Beer 32 stated it is housed in the Police Department for use by the night shift police officers if they have a 33 court appointment in the morning. 34 35 Council Member Mueller referenced Page 22, Upper Cut fee service. Finance Director Beer stated 36 it is for tree trimming in the parks. 37 38 MOTION/SECOND: Mueller/Hull. To Approve the Just and Correct Claims as Presented. 39 40 Ayes – 4 Nays – 0 Motion carried. 41 42 10. APPROVAL OF MINUTES 43 A. March 23, 2009, Executive Session Minutes. 44 Mounds View City Council April 27, 2009 Regular Meeting Page 11 1 MOTION/SECOND: Mueller/Hull. To Approve the March 23, 2009, Executive Session Meeting 2 Minutes as Presented. 3 4 Ayes – 4 Nays – 0 Motion carried. 5 6 11. REPORTS 7 A. Reports of Mayor and Council. 8 9 Council Member Mueller thanked the Rice Creek Watershed District for the curly leaf treatment of 10 Spring Lake. She congratulated Tyler Abrahamson for achieving the rank of Eagle Scout and 11 thanked him for his project to coordinate Silver View Park landscaping and plantings. 12 13 Council Member Hull requested an update on the installation of an autistic child sign. Clerk-14 Administrator Ericson stated if the Council knows of a resident that warrants the installation of a 15 caution sign, it can be authorized at the discretion of the Council. He explained how the City of 16 New Brighton coordinates its bracelet program, which requires start-up costs and volunteers for 17 implementation. He stated staff will check the State’s sign book to determine the appropriate 18 wording of a sign for an autistic child. 19 20 Council Member Hull stated several residents have raised the issue of a community garden. Clerk-21 Administrator Ericson stated staff is aware of several community garden programs and reviewed 22 the issues that need to be addressed such supply of water, liability, and available space. 23 24 Council consensus was reached to request a recommendation from the Parks and Recreation 25 Commission on the creation of a community garden program. 26 27 Council Member Stigney stated a resident has indicated that Silver View Park needs to be cleaned 28 and suggested it be done before the grass begins to grow. Council Member Mueller noted a Cub 29 Scout Pack may be interested in doing that as a service project. 30 31 Council Member Stigney stated another area that needs to be cleaned is next to the Mounds View 32 Animal Hospital that is owned by the Silver Lake Commons. Clerk-Administrator Ericson stated 33 Code enforcement staff will follow up on that issue. 34 35 Mayor Flaherty reported on a meeting of the New Brighton Historical Society that he and Clerk-36 Administrator Ericson had attended. He encouraged anyone interested in starting a Mounds View 37 Historical Society to contact City Hall. 38 39 Mayor Flaherty thanked staff for organizing and residents for attending the fifth annual Town Hall 40 Meeting. Council Member Mueller asked when the new City logo will be posted to the City’s 41 website. Clerk-Administrator stated it should be posted some time this week. 42 43 B. Reports of Staff. 44 45 Mounds View City Council April 27, 2009 Regular Meeting Page 12 Clerk-Administrator Ericson reminded Council of the June 24-26 League’s annual conference that 1 will be held in St. Paul, provided an update on the easement acquisition for the County Road H 2 and Silver Lake Road intersection project, announced the May 12 Housing Seminar that will be 3 held at City Hall, and Senior Day in the Park on June 30 at Silver View Park. 4 5 Public Works Director DeBar updated the Council on the project by Xcel Energy for replacement 6 of the distribution pipe and services. The Council discussed the extent of this project and the 7 City’s road improvement project. Mr. Rhein explained the progress made to obtain wetland 8 credits and that they are still working to obtain those easements. 9 10 1. Finance Quarterly Report. 11 12 Finance Director Beer presented the First Quarter Finance Report. He advised that the 2008 audit 13 will be presented at the May 11, 2009, meeting as well as a three year contract extension with 14 MMKR. Finance Director Beer stated staff is working on the five year finance CIP for discussion 15 at the May 4, (June 1??) 2009, Work Session. 16 17 The Council discussed the City’s investments in secured funds. Finance Director Beer stated that 18 ten percent is in money markets, one-third is in CDs, and the remaining balance is in federal 19 agency papers. 20 21 Mayor Flaherty suggested the 2010 budget be prepared anticipating no LGA funding. 22 23 Council Member Mueller asked for an update on funding of the street projects. Finance Director 24 Beer stated the first several street projects will be funded from the Street Improvement Fund, 25 Community Fund, and TIF Fund that contain a balance of almost $10 million. He reviewed the 26 revenue streams that will be used to fund the street projects, noting that $2 million is received 27 annually in TIF. 28 29 Finance Director Beer stated utility bills were just sent and advised that they can now receive 30 payments from savings or checking accounts on the due date, which reduces the City’s costs for 31 processing. 32 33 C. Reports of City Attorney. 34 35 Noted. 36 37 12. Next Council Work Session: Monday, May 4, 2009, at 7:00 p.m. 38 Next Council Meeting: Monday, May 11, 2009, at 7:00 p.m. 39 40 13. ADJOURNMENT 41 42 The meeting was adjourned at 9:55 p.m. 43 44 Transcribed by: 45 Mounds View City Council April 27, 2009 Regular Meeting Page 13 1 Carla Wirth 2 TimeSaver Off Site Secretarial, Inc. 3 Corrections made by Clerk -Administrator Ericson and Community Development Director Robert s PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1 CITY OF MOUNDS VIEW 2 RAMSEY COUNTY, MINNESOTA 3 4 Regular Meeting 5 May 11, 2009 6 Mounds View City Hall 7 2401 Highway 10, Mounds View, MN 55112 8 7:08 P.M. 9 10 11 1. MEETING IS CALLED TO ORDER AT 7:08 P.M. 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, May 11, 2009, City Council Agenda. 21 22 MOTION/SECOND: Mueller/Hull. To Approve the Monday, May 11, 2009, agenda as 23 presented. 24 25 Ayes – 5 Nays – 0 Motion carried. 26 27 5. PUBLIC INPUT 28 29 None. 30 31 6. SPECIAL ORDER OF BUSINESS 32 A. National Public Works Week Proclamation. 33 34 Mayor Flaherty read in full a proclamation declaring May 17 – 23, 2009, as National Public 35 Works Week. 36 37 B. 2008 Audit Presentation by Malloy, Montague, Karnowski, Radosevich & 38 Company, P.A. 39 40 Aaron Nielsen, MMKR, presented the Comprehensive Annual Financial Report (CAFR), noting 41 Mounds View received a Certificate of Excellence in 2007 and should receive it for the report 42 ended in 2008 as well. Mr. Nielsen stated they have issued an unqualified (clean) audit opinion 43 for the audit ended 2008. He noted a government auditing standards comment on the lack of 44 segregation of duties with financial reporting, which is not unusual for a city the size of Mounds 45 Mounds View City Council May 11, 2009 Regular Meeting Page 2 View, and one legal compliance requirement finding with regard to administrative penalties. Mr. 1 Nielsen presented details of the management report. 2 3 Finance Director Beer explained the legal compliance finding relates to an opinion of the 4 Attorney General because Mounds View imposes administrative penalties. Mr. Nielsen stated it 5 is included in the Legal Compliance Manual so MMKR is required to issue that audit comment. 6 7 Council Member Mueller asked how small cities with limited staff assure adequate controls for 8 accounting functions. Mr. Nielsen stated MMKR issues the same finding for other small cities 9 and wants to ensure the Council is reviewing internal controls. 10 11 Council Member Mueller asked what “grade” Mounds View would receive in 2008. Mr. Nielsen 12 stated most of his testing is based on audit requirements so he is unable to offer such a “grade.” 13 However, there were no new findings in 2008, an unqualified opinion was issued, and the 14 Certificate of Excellence will be received. 15 16 Mayor Flaherty thanked the Accounting Department for their excellent work and noted Mounds 17 View received an upgraded bond rating last year. 18 19 7. COUNCIL BUSINESS 20 A. Second Reading of Ordinance 819, an Ordinance to Approve an Amendment 21 to Chapter 7, Section 7.03 of the City Charter Relating to Fees. 22 23 Clerk-Administrator Ericson presented the Charter Commission’s recommendation for an 24 ordinance amendment related to fees. 25 26 MOTION/SECOND: Gunn/Mueller. To Waive the Second Reading and Adopt Ordinance 819, 27 an Ordinance Amending Chapter 7, Section 7.03 of the City Charter Relating to Fees Subject to 28 Provisions of Section 7.03, Subdivisions 1 and 2, as amended to change of date, and authorize 29 summary publication. 30 31 ROLL CALL: Stigney/Hull/Mueller/Gunn/Flaherty. 32 33 Ayes – 5 Nays – 0 Motion carried. 34 35 B. Resolution 7449, Authorizing Severance for Police Officer Terry Broos. 36 37 Clerk-Administrator Ericson presented the recommendation to authorize a severance payment of 38 $16,466.96 into Officer Terry Broos’ Retirement Health Savings Plan in accordance with the 39 LELS Union Contract. He thanked Officer Broos, who retired effective April 23, 2009, for his 40 years of service to Mounds View and stated he will be missed. 41 42 MOTION/SECOND: Mueller/Stigney. To Adopt Resolution 7449, Approving Severance for 43 Police Officer Terry Broos. 44 45 Mounds View City Council May 11, 2009 Regular Meeting Page 3 Council Member Hull stated Officer Broos was very accommodating and residents appreciated 1 his service. He stated there is no way to replace such a loyal and dedicated officer. 2 3 Council Member Mueller stated Officer Broos’ children attended Pinewood School where he 4 volunteered including to chaperone class trips so he will be missed in the community as well. 5 6 Council Member Gunn stated Officer Broos was always volunteering at Pinewood School and 7 also served as the D.A.R.E. Officer. 8 9 Mayor Flaherty agreed that Officer Broos served the community with the highest professionalism 10 and honor, and Mounds View is in his debt. He stated Officer Broos is in an exclusive fraternity 11 and hopes he enjoys his retirement. 12 13 Council Member Mueller read Resolution 7449 in full. 14 15 Ayes – 5 Nays – 0 Motion carried. 16 17 C. Resolution 7448, Appointing MMKR to Provide Auditing Services for the 18 Years Ended December 31, 2009, 2010, 2011. 19 20 Finance Director Beer presented the recommendation to approve a three-year engagement letter 21 with MMKR with proposed fees: 2009 of $28,600 plus expenses; 2010 of $29,200 plus 22 expenses; and, 2011 of $29,800 plus expenses. 23 24 MOTION/SECOND: Gunn/Mueller. To Waive the Reading and Adopt Resolution 7448, 25 Appointing MMKR to Provide Auditing Services for the Years Ended December 31, 2009, 2010, 26 2011. 27 28 Mayor Flaherty noted the increase each year is $600 and asked about the benefit of consistency 29 with auditing firms. Finance Director Beer stated consistency is an important consideration 30 because a change in auditing firms would cause a huge disruption with staff. 31 32 Council Member Mueller stated MMKR explained the 2008 finance report in a verbal 33 presentation as well as providing charts. She noted they have a history of several years, work 34 well with staff, and are a good value for the reports received. 35 36 Ayes – 5 Nays – 0 Motion carried. 37 38 8. CONSENT AGENDA 39 40 Council Member Gunn asked to remove Items 8H and 8J for discussion. Council Member 41 Stigney asked if taxes are current on the license renewals. Finance Director Beer stated staff has 42 checked the status of the property taxes and staff will provide an update for the City Council. 43 Council Member Gunn withdrew her request to remove Items 8H and 8J. 44 45 Mounds View City Council May 11, 2009 Regular Meeting Page 4 Council Member Mueller asked to remove Item 8B. 1 2 A. Licenses for Approval. 3 B. Resolution 7450, Approving a One Day Gambling Permit (BINGO) for 4 Mounds View Community Theatre on Saturday, August 22, 2009, during 5 Mounds View Festival in the Park. 6 C. Schedule a Public Hearing for June 8, 2009, at 7:05 p.m., a Resolution to 7 Consider an Off Sale Intoxicating Liquor License Renewal for ABC Liquor 8 located at 2840 County Highway 10. 9 D. Schedule a Public Hearing for June 8, 2009, at 7:10 p.m., a Resolution to 10 Consider an Off Sale Intoxicating Liquor License Renewal for Vino & 11 Stogies located at 2345 County Road H2. 12 E. Schedule a Public Hearing for June 8, 2009, at 7:15 p.m., a Resolution to 13 Consider an Off Sale Intoxicating Liquor License Renewal for Big Top 14 Liquor located at 2577 County Highway 10. 15 F. Schedule a Public Hearing for June 8, 2009, at 7:20 p.m., a Resolution to 16 Consider an On Sale Wine and 3.2 Malt Liquor License Renewal for Taiko 17 Sushi Bar located at 2394 County Highway 10. 18 G. Schedule a Public Hearing for June 8, 2009, at 7:25 p.m., a Resolution to 19 Consider an On Sale Intoxicating Liquor License Renewal for Totino’s 20 Italian Kitchen located at 2535 County Highway 10. 21 H. Schedule a Public Hearing for June 8, 2009, at 7:30 p.m., a Resolution to 22 Consider an On Sale Intoxicating Liquor License Renewal for Moe’s located 23 at 2400 County Highway 10. 24 I. Schedule a Public Hearing for June 8, 2009, at 7:35 p.m., a Resolution to 25 Consider an On Sale Intoxicating Liquor License Renewal for Robert’s 26 Sports Bar and Entertainment located at 2400 County Road H2. 27 J. Schedule a Public Hearing for June 8, 2009, at 7:40 p.m., a Resolution to 28 Consider an On Sale Intoxicating Liquor License Renewal for The Mermaid 29 located at 2200 County Highway 10. 30 K. Schedule a Public Hearing for June 8, 2009, at 7:45 p.m., a Resolution to 31 Consider an Off-Sale 3.2 Malt Liquor License for SuperAmerica located at 32 2840 County Road I. 33 L. Establish a Closed Session of the City Council on May 26, 2009 at 5:30 p.m. 34 to Review the City’s Emergency Management Procedures. 35 36 MOTION/SECOND: Gunn/Mueller. To Approve the Consent Agenda Items 8A, and Items 8C 37 through 8L. 38 39 Ayes – 5 Nays – 0 Motion carried. 40 41 B. Resolution 7450, Approving a One Day Gambling Permit (BINGO) for 42 Mounds View Community Theatre on Saturday, August 22, 2009, during 43 Mounds View Festival in the Park. 44 45 Mounds View City Council May 11, 2009 Regular Meeting Page 5 Council Member Mueller noted the one-day Festival in the Park will include bingo. 1 2 MOTION/SECOND: Mueller/Stigney. To Waive the Reading and Approve Resolution 7450, 3 Approving a One Day Gambling Permit (BINGO) for Mounds View Community Theatre on 4 Saturday, August 22, 2009, during Mounds View Festival in the Park. 5 6 Ayes – 5 Nays – 0 Motion carried. 7 8 9. JUST AND CORRECT CLAIMS 9 10 Mayor Flaherty referenced Page 5, Custom Refrigeration, for the ice machine. Clerk-11 Administrator Ericson stated he thinks it was a repair. 12 13 Council Member Gunn referenced Page 7, Met Council SAC charges. Clerk-Administrator 14 Ericson stated staff will confirm it was for the church and three Harstad units for which the City 15 will be reimbursed. 16 17 Mayor Flaherty questioned the claim from SHI International Corp for a squad computer. Finance 18 Director Beer stated two were budgeted and this is the first one. 19 20 MOTION/SECOND: Mueller/Hull. To Approve the Just and Correct Claims as Presented. 21 22 Ayes – 5 Nays – 0 Motion carried. 23 24 10. APPROVAL OF MINUTES 25 A. Monday, April 13, 2009, City Council Meeting Minutes. 26 27 Council Member Gunn requested a correction on Page 1, Line 39, to add the coach’s name Tom 28 Rodefeld and Line 41, add “…State Tournament Consolation win. 29 30 MOTION/SECOND: Gunn/Mueller. To Approve the April 13, 2009, City Council Meeting 31 Minutes as Corrected. 32 33 Ayes – 5 Nays – 0 Motion carried. 34 35 11. REPORTS 36 A. Reports of Mayor and Council. 37 38 Mayor Flaherty read an announcement for National Police Week, May 10, 2009, in honor of 39 fallen Police Officers and advised of activities that would occur. 40 41 Mayor Flaherty advised that residents Jonathan Smith and Brent Fyksen received a Police Chief 42 commendation for providing assistance to an officer in making an arrest. Mayor Flaherty asked 43 staff to invite them to a Council meeting to receive public recognition. 44 45 Mounds View City Council May 11, 2009 Regular Meeting Page 6 Council Member Mueller recognized Boy Scouts who earned Eagle Awards this spring and 1 encouraged Scouts to contact the City if they are looking for an Eagle project. 2 3 Council Member Mueller referenced an April 28, 2009, article entitled Long May You Run and 4 that one of the people mentioned is a Festival in the Park sponsor. Council Member Mueller 5 announced activities that will take place on Aviation Days, May 16 and 17, 2009. 6 7 B. Reports of Staff. 8 1. Community Development Department First Quarter Report. 9 10 Community Development Director Roberts presented the Community Development Department 11 first quarter report. He advised that the first outside sales event was held at Roberts last weekend 12 and the May 12, 2009, Housing Resource Seminar was canceled and will be rescheduled in the 13 fall. 14 15 Council Member Stigney asked about Case CE09-21, Commercial Vehicle Design. Community 16 Development Director Roberts stated he is unsure and will report back to the Council. 17 18 Community Development Director Roberts stated staff is pleased with the new Code 19 Enforcement software, which has been very efficient. 20 21 Mayor Flaherty thanked staff for the thorough report and asked residents to alert staff should they 22 notice a Code violation. 23 24 Clerk-Administrator Ericson reported the Spring Clean Up event last Saturday was well attended. 25 He stated staff will look at the timing of the event and how it can be more efficiently executed. 26 27 C. Reports of City Attorney. 28 29 Noted. 30 31 12. Next Council Work Session: Monday, June 1, 2009, at 7:00 p.m. 32 Next Council Meeting: Tuesday, May 26, 2009, at 7:00 p.m. 33 34 13. ADJOURNMENT 35 36 The meeting was adjourned at 8:10 p.m. 37 38 Transcribed by: 39 40 Carla Wirth 41 TimeSaver Off Site Secretarial, Inc. 42 351934v2 SJR MU125-11 Kennedy 470 US Bank Plaza 200 South Sixth Street Minneapolis MN 55402 & Graven (612) 337-9300 telephone (612) 337-9310 fax http://www.kennedy-graven.com C H A R T E R E D SCOTT J. RIGGS Attorney at Law Direct Dial (612) 337-9260 Email: sriggs@kennedy-graven.com MEMORANDUM Date: May 21, 2009 To: Jim Ericson, City Clerk-Administrator From: Scott J. Riggs, City Attorney Re: Mounds View Project Status Report MU125-11: Administration. General discussions with staff regarding various City matters, etc. Review staff reports regarding ordinance revisions. MU210-4: Charter Commission. Review proposed Charter revision language, resolution and ordinance. Consult with City staff. Matter is presently pending. MU210-26: The Mermaid. Review staff report regarding consideration of the Mermaid 2nd Addition Final Plat. Draft Hold Harmless Agreement, Division Opinion Request Letter, and proposed Party Wall Agreement. Forward same to City staff. Conference with City staff regarding applicable building code provisions. Legal research regarding same. Revise Agreements and Division Opinion Request. Matter is presently pending. MU210-43: Silver Lake Woods Condominium Association. Work with City staff and City engineer to determine requirements that SLWCA needs to undertake regarding roads. Work with attorney Pat Brinkman regarding matter. Revise Street Transfer Agreement (with attached easements) using new legal descriptions from the City Engineer and Petition and Waiver Agreement and forward same to City staff and Brinkman for review and approval. Easements have been signed by Association and will be recorded with Ramsey County. Matter is presenting pending. Mr. Jim Ericson May 21, 2009 Page 2 351934v2 SJR MU125-11 MU210-161: 5117 Rainbow. Review recent correspondence concerning matter. Matter has been tendered to the League. Matter is presently pending. MU210-162: Robert’s. Review recently-submitted CUP and variance documents to permit owner to have an outside sales operation (flea market, farmers market and auctions) on the site. Revise Staff Report and Resolution. Consult with City staff. Matter is presently pending. MU210-179: 2009-2010 Street Improvement Project. Consult with City staff regarding contract project. Review construction contracts and insurance certificates. Consult with City staff, City Engineer, insurance carrier and contractor regarding same. Review and revise proposed Agreement for Private Improvements and Petition and Waiver Agreement. Consult with City staff regarding same. Matter is presently pending. SJR:jms