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Home My WebLink AboutAgenda Packets - 2009/06/22CITY OF MOUNDS VIEW CITY COUNCIL MEETING AGENDA MOUNDS VIEW CITY HALL Monday, June 22, 2009 7:00 p.m. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Flaherty, Stigney, Hull, Mueller, Gunn 4. APPROVAL OF AGENDA 5. PUBLIC INPUT: Citizens may speak to issues not on tonight’s agenda. Before speaking, please give your full name and address for the minutes. Also, please limit your comments to three minutes. 6. SPECIAL ORDER OF BUSINESS A. Annual public meeting for SWPPP – Nick Fleischhacker, Surface Water Technician 7. COUNCIL BUSINESS A. 1. 7:05 p.m. Public Hearing: to Receive Public Input and Approve Resolution 7466 Adopting a Special Assessment Levy for Unpaid Administrative Offense Fines. 2. Resolution 7468, Adopting a Special Assessment Levy for Private Improvements in Area A of the Street and Utility Improvement Program. (W aiver of public hearing) B. Continued Public Hearing: Resolution 7460, a Resolution to Consider an On Sale Intoxicating Liquor License for Robert’s Sports Bar and Entertainment located at 2400 County Road H2. C. Continued Public Hearing: Resolution 7461, a Resolution to Consider an On Sale Intoxicating Liquor License for The Mermaid located at 2200 County Highway 10. D. Continued Public Hearing: Resolution 7457, a Resolution to Consider an On Sale Intoxicating Liquor License for Taiko Sushi at 2394 County Highway 10 E. Resolution 7464, Revising the Policy for the Mounds View Citizenship Award. F. Resolution 7469, Approving the 2009 Festival in the Park Contract. G. Resolution 7470, Approving a Step Increase for Police Officer Ben Knitter. H. Second Reading and Adoption 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 I. Second Reading and Adoption 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 J. Second Reading and Adoption of Ordinance 820, an Ordinance Deleting Chapter 611, Relating to Outdoor Special Events, from the City Code K. Resolution 7467, Approving New and Replacement Signage at the Mounds View Community Center for Creative Kids Academy. L. Resolution 7474, Authorizing a Ground Space Lease with TTM Operating Corporation. M. Resolution 7475, Authorizing Installation of Fiber Optic Conduit. N. Set an Executive Session of the City Council to Review Labor Negotiations Upon Conclusion of the Regular Meeting. 8. CONSENT AGENDA A. Licenses for Approval B. Resolution 7471, Approving Mounds View Business Licenses. C. Resolution 7473, Authorizing the Preparation of Federal Transportation Funding Applications for County Road 10 Intersection and Trail Projects. 9. JUST AND CORRECT CLAIMS 10. APPROVAL OF MINUTES A. May 26, 2009 City Council Minutes 11. REPORTS A. Reports of Mayor and Council B. Reports of Staff 1. Administrative Update C. Reports of City Attorney 12. Next Council Work Session: Monday, July 6, 2009, at 7:00 p.m. Next Council Meeting: Monday, July 13, 2009, at 7:00 p.m. 13. Motion to Recess into Executive Session. (Council Meeting will Adjourn from Executive Session) CITY OF MOUNDS VIEW CITY COUNCIL MEETING AGENDA MOUNDS VIEW CITY HALL Monday, June 22, 2009 7:00 p.m. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Flaherty, Stigney, Hull, Mueller, Gunn 4. APPROVAL OF AGENDA 5. PUBLIC INPUT: Citizens may speak to issues not on tonight’s agenda. Before speaking, please give your full name and address for the minutes. Also, please limit your comments to three minutes. 6. SPECIAL ORDER OF BUSINESS A. Annual public meeting for SWPPP – Nick Fleischhacker, Surface Water Technician 7. COUNCIL BUSINESS A. 1. 7:05 p.m. Public Hearing: to Receive Public Input and Approve Resolution 7466 Adopting a Special Assessment Levy for Unpaid Administrative Offense Fines. 2. Resolution 7468, Adopting a Special Assessment Levy for Private Improvements in Area A of the Street and Utility Improvement Program. (W aiver of public hearing) B. Continued Public Hearing: Resolution 7460, a Resolution to Consider an On Sale Intoxicating Liquor License for Robert’s Sports Bar and Entertainment located at 2400 County Road H2. C. Continued Public Hearing: Resolution 7461, a Resolution to Consider an On Sale Intoxicating Liquor License for The Mermaid located at 2200 County Highway 10. D. Continued Public Hearing: Resolution 7457, a Resolution to Consider an On Sale Intoxicating Liquor License for Taiko Sushi at 2394 County Highway 10 E. Resolution 7464, Revising the Policy for the Mounds View Citizenship Award. F. Resolution 7469, Approving the 2009 Festival in the Park Contract. G. Resolution 7470, Approving a Step Increase for Police Officer Ben Knitter. 7. COUNCIL BUSINESS - Continued H. Second Reading and Adoption 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 I. Second Reading and Adoption 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 J. Second Reading and Adoption of Ordinance 820, an Ordinance Deleting Chapter 611, Relating to Outdoor Special Events, from the City Code K. Resolution 7467, Approving New and Replacement Signage at the Mounds View Community Center for Creative Kids Academy. L. Resolution 7474, Authorizing a Ground Space Lease with TTM Operating Corporation. M. Resolution 7475, Authorizing Installation of Fiber Optic Conduit. N. Set an Executive Session of the City Council to Review Labor Negotiations Upon Conclusion of the Regular Meeting. 8. CONSENT AGENDA A. Licenses for Approval B. Resolution 7471, Approving Mounds View Business Licenses. C. Resolution 7473, Authorizing the Preparation of Federal Transportation Funding Applications for County Road 10 Intersection and Trail Projects. 9. JUST AND CORRECT CLAIMS 10. APPROVAL OF MINUTES A. May 26, 2009 City Council Minutes 11. REPORTS A. Reports of Mayor and Council B. Reports of Staff 1. Administrative Update C. Reports of City Attorney 12. Next Council Work Session: Monday, July 6, 2009, at 7:00 p.m. Next Council Meeting: Monday, July 13, 2009, at 7:00 p.m. 13. Motion to Recess into Executive Session. (Council Meeting will Adjourn from Executive Session) Item No. 6A Meeting Date: June 22, 2009 Type of Business: Special Order of Business City Administrator Review _______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Nick Fleischhacker, Surface Water Technician Item Title/Subject: Annual Storm Water Permit Review STORM WATER POLLUTION PREVENTION PROGRAM ANNUAL PUBLIC REVIEW The City of Mounds View invites all interested parties to attend a public informational meeting on Tuesday, June 22, 2009 at 7:00 p.m. at the Mounds View City Hall, located at 2401 Highway 10, across from the Community Center. This meeting will be conducted as part of a regularly scheduled City Council Meeting. The purpose of the meeting is to present and discuss the City’s Storm Water Pollution Prevention Program (SWPPP). The Minnesota Pollution Control Agency (MPCA) required that all urbanized cities develop a Storm Water Pollution Prevention Program (SWPPP) by March of 2003, as part of their permit to operate a municipal storm sewer system. Information will be presented and discussed regarding the activities the City has been and will be engaging as a result of implementing the SWPPP. Items that will be verbally discussed include: the original SWPPP, progress toward achieving the measurable goals, and planned activities for the next year. A copy of the SWPPP is available for review at the Mounds View City Hall. A copy of the Municipal Separate Storm Sewer System (MS4) General Permit is also available at Mounds View City Hall and online: http://www.pca.state.mn.us/publications/wq-strm4-51.pdf Respectfully Submitted, Nick Fleischhacker, Surface Water Technician Nick.Fleischhacker@ci.mounds-view.mn.us City of Mounds View Certify 2009 payable 2010 Resolution 7466 59201001 One year assessments Original Originally Admin.Amt. Due Interest Total Amt. Name Address PID#Amount Description Inv. Date Due Fee w/Admin fee 5.50%w/int to taxes Jeanette Schuchard 5386 Clifton Drive 08-30-23-14-0045 150.00 A.O. 08945 9/8/2008 150.00 35.00 185.00 15.53 200.53 Cathy Magoris 2741 Hodges Lane 07-30-23-13-0036 150.00 A.O. 08947 9/24/2008 150.00 35.00 185.00 15.53 200.53 Thomas P. Mohr 2234 Lambert Avenue 08-30-23-13-0038 150.00 A.O. 07526 10/23/2008 150.00 35.00 185.00 15.53 200.53 Christi A. Collins-Mohr Howard/Wanda Hackbarth 2271 County Road H2 08-30-23-13-0046 150.00 A.O. 07530 10/22/2008 150.00 35.00 185.00 15.53 200.53 Item No: 7.A.1 Meeting Date: June 22, 2009 Type of Business: Council Business Administrator Review: _____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Mark Beer, Finance Director Item Title/Subject: Public Hearing to Receive Public Input and Pass Upon Resolution 7466 Adopting a Special Assessment Levy for Unpaid Administrative Fines A public hearing is scheduled for 7:05 P.M. to receive public input regarding the proposed assessment of unpaid administrative fines. A legal notice of this public hearing was published in the Sun Focus. Individual notices of the meeting were sent by first class mail to the affected property owners. The property owner may pay the amount due by 4:30 P.M. on Monday, June 22, 2009 in order to avoid the $35.00 administrative fee. The owner may prepay the assessment between June 23, 2009 and July 22, 2009 without paying additional interest. After that, interest at the rate of 5.50% will accrue from June 22, 2009 through the payment date. This interest rate and administrative fee were set by the City Council in Resolution 7135. On or after July 22, 2009, we will forward the assessment roll to Ramsey County for collection with the 2010 property taxes. Respectfully submitted, ___________________________ Mark Beer RESOLUTION NO. 7466 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA Adopting a Special Assessment Levy for Unpaid Administrative Fines WHEREAS, pursuant to proper notice given as required by law, the City Council has met and heard and passed upon all objections to the proposed assessment for unpaid administrative fines. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mounds View that: 1. Such proposed assessment roll, a copy of which is attached hereto and made a part hereof, is accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein is hereby found to be benefited by the unpaid administrative fine in the amount of the assessment levied against it. 2. The assessments as adopted and confirmed shall be payable with ad valorem taxes in 2010, in one annual installment with interest thereon at five and one half (5.5) percent per annum, and shall bear interest on the entire assessment from June 22, 2009 through December 31, 2010. 3. The owner of any property so assessed may at any time prior to the certification of the assessment to the County Auditor pay the whole of the assessment, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and the owner may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment, with interest from the date of adoption of this resolution through the date of payment, such payment must be made before July 22nd, or interest will be charged through December of the succeeding year. 4. The City Clerk-Administrator shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the county, and such assessments shall be collected and paid over in the same manner as other municipal taxes. Adopted this 22nd Day of June 2009. ______________________________ Joe Flaherty, Mayor (ATTEST) ______________________________ Jim Ericson, City Clerk - Administrator (SEAL) City of Mounds View Certify 2009 payable 2010 Resolution 7468 59201002 One year assessments Admin Name Name2 Property Address PIN Amount Fee Total THOMAS M SUPER SONJA S SUPER 8111 EASTWOOD RD 06-30-23-14-0009 850.00 35.00 885.00 LEE G STAUFFACHER P A STAUFFACHER 7901 EASTWOOD RD 06-30-23-41-0040 720.00 35.00 755.00 1,640.00 City of Mounds View Certify 2009 payable 2010 - 2014 Resolution 7468 59201003 Five year assessments Admin Name Name2 Property Address PIN Amount Fee Total CARRIE B TOENSING KYLE B OHNSTAD 7901 EDGEWOOD DR 05-30-23-31-0052 1,882.00 35.00 1,917.00 TIMOTHY J PATTERSON 7917 EDGEWOOD DR 05-30-23-31-0056 1,882.00 35.00 1,917.00 GERALD J BECKER NANCY W BANKER 7921 EDGEWOOD DR 05-30-23-31-0057 1,882.00 35.00 1,917.00 DANIEL HOLST ELIZABETH HOLST 8016 EDGEWOOD DR 05-30-23-32-0046 2,190.00 35.00 2,225.00 DAVID ST DENIS 8070 EDGEWOOD DRIVE 05-30-23-32-0048 2,190.00 35.00 2,225.00 VIRGIL BEYER IHLA BEYER 8494 Red Oak Drive 06-30-23-12-0081 3,360.00 35.00 3,395.00 VIRGIL BEYER IHLA BEYER 8484 Red Oak Drive 06-30-23-12-0082 3,360.00 35.00 3,395.00 STACY WALTS 8019 GREENWOOD DR 06-30-23-41-0019 2,036.00 35.00 2,071.00 BENJAMIN J MURPHY JOHN D MURPHY 8045 GREENWOOD DR 06-30-23-41-0021 2,216.00 35.00 2,251.00 ANDREW C KASEN TRISHA A KASEN 2617 HILLVIEW ROAD 06-30-23-41-0039 980.00 35.00 1,015.00 MARK KONECNY DIANE KLINE KONECNY 7979 EASTWOOD RD 06-30-23-41-0045 2,036.00 35.00 2,071.00 MICHAEL J ETNIER THERESA M ETNIER 8051 EASTWOOD RD 06-30-23-41-0049 2,036.00 35.00 2,071.00 RANDY A W BYE LORILYN A BYE 8000 EASTWOOD RD 06-30-23-41-0058 2,036.00 35.00 2,071.00 RUDOLPH J SCHOVANEC MARY LOU SCHOVANEC 7959 SUNNYSIDE RD 06-30-23-42-0005 2,036.00 35.00 2,071.00 BRIAN R MOMSEN JANELL R C MOMSEN 8071 SUNNYSIDE RD 06-30-23-42-0012 2,036.00 35.00 2,071.00 PAULA M HOLDEN 8042 SUNNYSIDE RD 06-30-23-42-0019 2,036.00 35.00 2,071.00 JAMES L ANDERSON 7930 SUNYSIDE RD 06-30-23-42-0027 2,306.00 35.00 2,341.00 BENJAMIN RICHARDS 8040 RED OAK DR 06-30-23-42-0046 2,036.00 35.00 2,071.00 GERALD D KLUTHE 7869 GREENWOOD DR 06-30-23-44-0013 2,036.00 35.00 2,071.00 DARREN D PETERSON ERIN E PETERSON 8081 RED OAK DRIVE 06-30-23-42-0040 $1,205.00 35.00 1,240.00 42,477.00 Item No: 7.A.2 Meeting Date: June 22, 2009 Type of Business: Council Business Administrator Review: _____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Mark Beer, Finance Director Item Title/Subject: Resolution 7468Adopting a Special Assessment Levy for Private Improvements in Area A of the Street and Utility Improvement Program The City offered property owners the opportunity to have private improvements completed as part of the area A street project. It is in the City’s best interest to have as many of these improvements done during the project to reduce the number of street openings that may have to happen in the future. The property owner may pay the amount due by 4:30 P.M. on Monday, June 22, 2009 in order to avoid the $35.00 administrative fee. The owner may prepay the assessment between June 23, 2009 and July 22, 2009 without paying additional interest. After that, interest at the rate of 5.50% will accrue from June 22, 2009 through the payment date. This interest rate and administrative fee were set by the City Council in Resolution 7135. On or after July 22, 2009, we will forward the assessment roll to Ramsey County for collection with the 2010 property taxes. Respectfully submitted, ___________________________ Mark Beer RESOLUTION NO. 7468 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA Adopting a Special Assessment Levy for Private Improvements in Area A of the Street and Utility Improvement Program WHEREAS, the City has received signed petition and waiver agreements from individual property owners agreeing to the proposed assessments in the attached assessment roll for private improvements in conjunction with the Area A Street and Utility Improvement Project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mounds View that: 1. Such proposed assessment roll, a copy of which is attached hereto and made a part hereof, is accepted and shall constitute a special assessment against the lands named therein, and each tract of land therein is hereby found to be benefited by the private improvement in the amount of the assessment levied against it. 2. The assessments as adopted and confirmed shall be payable in equal annual installments over a period of one (1) year if less than $1,000 and five (5) years if greater than $1,000, the first of the installments to be payable on or before the first Monday in January 2010, and shall bear interest at the rate of five and one half (5.5) percent per annum from June 22, 2009. To the first installment shall be added interest on the entire assessment from June 22, 2009 through December 31, 2010. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may at any time prior to the certification of the assessments to the County Auditor pay the whole of the assessment, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and the owner may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment, with interest from the date of adoption of this resolution through the date of payment, such payment must be made before July 22, 2009, or interest will be charged through December of the succeeding year. 4. The City Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the county, and such assessments shall be collected and paid over in the same manner as other municipal taxes. Adopted this 22nd Day of June 2009. ______________________________ Joe Flaherty, Mayor (ATTEST) ______________________________ Jim Ericson, City Clerk - Administrator (SEAL) Item No. 07B Type of Business: PH & CB Meeting Date: June 22, 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: Continued Public Hearing to Consider Resolution 7460, a Resolution to Consider an On-Sale Intoxicating Liquor License for Robert’s Sports Bar and Entertainment located at 2400 County Road H2 In accordance with Section 502.08 of the Mounds View City Code, a public hearing is required for all liquor licenses. 502.08: LICENSE HEARING: No issuance of a new license, transfer of an existing license, renewal of an existing license, issuance of temporary special event or banquet licenses, or special outdoor consumption endorsements for the sale of intoxicating liquor on-sale or off-sale, club, Sunday sales or on-sale wine shall be hereafter granted by the Council until a public hearing has been conducted by the Council after published notice in the official newspaper at least ten (10) days in advance of the hearing. This license renewal was originally scheduled for June 8, 2009; however, the City Council continued the Public Hearing to this meeting because of a failed fire inspection from the Fire Marshal. All application materials are complete and fees have been paid for this license. The following investigations and inspections have been conducted to determine whether there is cause for the City to deny the above referenced intoxicating liquor license application: Police Inquiry and Investigations (Mounds View Police Department) The Mounds View Police Department has issued a satisfactory report for Robert’s Sports Bar and Entertainment. Staff has also received a satisfactory background check. Robert’s Sports Bar and Entertainment did pass their yearly compliance check with the Mounds View Police Department. Utility Billing Inquiry (City of Mounds View) The Finance Department has issued a satisfactory report for Robert’s Sports Bar and Entertainment. Property taxes on this property are current Fire Inspection (City of Mounds View Fire Marshal) Attached is a letter from the Fire Marshal to Robert’s Sports Bar and Entertainment. There continue to be outstanding issues with their Fire Inspection. These issues are outlined in the attached letter. Recommendation: Staff recommends closing the public hearing and approving Robert’s Sports Bar and Entertainment’s application for an On- Sale Intoxicating Liquor License contingent on completing the outstanding fire code violations indicated on the fire inspection. Staff recommends placing a deadline for fire code compliance in 30 days. If re-inspection indicates non-compliance with the Fire Code, then Staff will submit a staff report to the City Council at a future City Council Meeting. The time period for this license will be July 1, 2009 to June 30, 2010. Respectfully Submitted, Desaree Crane RESOLUTION 7460 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA A RESOLUTION TO CONSIDER AN ON-SALE INTOXICATING LIQUOR LICENSE FOR ROBERT’S SPORTS BAR AND ENTERTAINMENT WHEREAS, all City of Mounds View business licenses must be approved by the City Council; and WHEREAS, Robert’s Sports Bar and Entertainment have submitted their city liquor license application and the applicable fees; and WHEREAS, staff recommends approval of Robert’s Sports Bar and Entertainment’s Intoxicating Liquor License contingent on a passing fire re-inspection by the Fire Marshal no later than July 21, 2009. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does hereby approve an On-Sale Intoxicating Liquor for Robert’s Sports Bar and Entertainment for the time period of July 1, 2009 to June 30, 2010, pending a passing fire re-inspection by the Fire Marshal no later than July 22, 2009. Adopted this 22nd day of June, 2009. ________________________________ Joe Flaherty, Mayor ATTEST: ________________________________ James Ericson, Clerk-Administrator (seal) Item No. 07C Type of Business: PH & CB Meeting Date: June 22, 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: Continued Public Hearing, Resolution 7461, a Resolution to Consider an On-Sale Intoxicating Liquor Business License for The Mermaid located at 2200 Highway 10 In accordance with Section 502.08 of the Mounds View City Code, a public hearing is required for all liquor license renewals. 502.08: LICENSE HEARING: No issuance of a new license, transfer of an existing license, renewal of an existing license, issuance of temporary special event or banquet licenses, or special outdoor consumption endorsements for the sale of intoxicating liquor on-sale or off-sale, club, Sunday sales or on-sale wine shall be hereafter granted by the Council until a public hearing has been conducted by the Council after published notice in the official newspaper at least ten (10) days in advance of the hearing. This license renewal was originally scheduled for June 8, 2009; however, the City Council continued the Public Hearing to this meeting due to the lack of fire inspection and delinquent property taxes. All application materials are complete and fees have been paid for this license. The following investigations and inspections have been conducted to determine whether there is cause for the City to deny the above referenced intoxicating liquor license application: Police Inquiry and Investigations (Mounds View Police Department) The Mounds View Police Department has issued a satisfactory report for The Mermaid. Staff has not received the background check from the Minnesota Department of Criminal Apprehension. This license will be contingent on a satisfactory background check. The Mermaid did pass their yearly compliance check with the Mounds View Police Department. Utility Billing Inquiry (City of Mounds View) The Finance Department states that the establishment owes money on their utility bill ($2,028.55). In addition, Ramsey County Property Records show that The Mermaid continues to be delinquent in their property taxes for 2008 and half of 2009. In accordance with §502.04, subd. 2(b), no intoxicating liquor license shall be granted for operation on any premises on which taxes, assessments, utility bills or other financial claims of the Municipality are delinquent or unpaid. The City Council may approve this liquor license contingent on payment of their utility bill and property taxes, or the City Council may deny renewal in accordance with Section 502.04(b). Please be advised that this is not the first time they have been delinquent with their utility bills and property taxes. Attached are the Minutes relating to their last liquor license renewal on June 9, 2008. Clerk-Administrator Ericson contacted Dan Hall (owner of the Mermaid) to discuss a plan on making full payment on property taxes and City utility bill. Mr. Hall indicated on June 4, 2009, that The Mermaid will have everything paid in full when the hotel is bought. The closing on the purchase of the hotel has not taken place. Staff has not received a scheduled date for the closing. Fire Inspection (City of Mounds View Fire Marshall) The Fire Marshal did inspect the property on June 17, 2009. Attached is a letter to The Mermaid from the Fire Marshal, which outlines the findings of the inspection. Recommendation Staff recommends closing the public hearing. The City Council could either approve their liquor license contingent on a full payment of utility bill, property taxes, a satisfactory background check, and a satisfactory fire re-inspection, or deny renewal in accordance with Section 502.04(b) of the Mounds View City Code. Staff has a resolution prepared in case the City Council wishes to approve the liquor license contingent on full payment of their utility bill, property taxes, satisfactory background check and a satisfactory fire re-inspection. Staff would further recommend setting a deadline for payments on delinquent property taxes and utility bill. Staff would recommend a property tax payment deadline similar to Moe’s, which is October 1, 2009. If property taxes are not paid in full by the deadline, then Staff will report to the City Council at the earliest Work Session or City Council Meeting. The next step for the City Council would be to discuss the option of suspending or revocating the liquor license. Staff would further recommend a deadline of Friday, July 10, 2009, for their delinquent utility bill. If the utility bill is not paid in full by the deadline, then Staff will report to the City Council at the July 13, 2009, City Council Meeting to discuss the option of suspending or revocating the liquor license. If approved, the time period for this license will be July 1, 2009 to June 30, 2010. Respectfully Submitted, Desaree Crane RESOLUTION 7461 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING AN ON-SALE INTOXICATING LIQUOR LICENSE FOR THE MERMAID WHEREAS, The Mermaid’s Intoxicating Liquor License expires June 30, 2009; and WHEREAS, all City of Mounds View business licenses must be approved by the City Council; and WHEREAS, staff recommends approval of The Mermaid’s Intoxicating Liquor License pending full payment of their utility bill and county property taxes, and satisfactory fire re- inspection; and WHEREAS, payment of Mounds View Utility Bill must be paid in full no later than July 10, 2009; and WHEREAS, full payment of Ramsey County property taxes must be made no later than October 1, 2009; and WHEREAS, if payments are not paid in full by the deadlines stated above, then Staff and the City Council may proceed with the Suspension or Revocation process as stated in §502.16 of the Mounds View City Code. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does hereby approve an On-Sale Intoxicating Liquor License for The Mermaid for the period of July 1, 2009 to June 30, 2010 contingent on full payment of their utility bill by July 10, 2009, full payment property taxes by October 1, 2009, a satisfactory background check from the Minnesota Department of Criminal Apprehension, and a satisfactory fire re-inspection report from the Mounds View Fire Marshal. NOW, THEREFORE, BE IT FURTHER RESOLVED, that if full payment is not made on Ramsey County property taxes and Mounds View Utility Bill by the deadlines stated above, then Staff and the City Council may proceed with the Suspension or Revocation process as stated in §502.16 of the Mounds View City Code. Adopted this 22nd day of June, 2009. ________________________________ Joe Flaherty, Mayor ATTEST: ________________________________ James Ericson, Clerk-Administrator (seal) Item No. 07D Type of Business: PH&CB Meeting Date: June 22, 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: Continued Public Hearing, Resolution 7457, a Resolution to Consider an On-Sale Wine and 3.2 Malt Liquor License for Taiko Sushi Bar located at 2394 Highway 10 in Mounds View In accordance with Section 502.08 and 503.08 of the Mounds View City Code, a public hearing is required for all liquor license renewals. 502.08: LICENSE HEARING: No issuance of a new license, transfer of an existing license, renewal of an existing license, issuance of temporary special event or banquet licenses, or special outdoor consumption endorsements for the sale of intoxicating liquor on-sale or off- sale, club, Sunday sales or on-sale wine shall be hereafter granted by the Council until a public hearing has been conducted by the Council after published notice in the official newspaper at least ten (10) days in advance of the hearing. This license renewal was originally scheduled for June 8, 2009; however, Staff did not receive the application materials and fees until June 10, 2009. The City Council did open the public hearing at the June 8th City Council Meeting, but continued the public hearing to this meeting. All application materials are complete and fees have been paid for this license. The following investigations have been conducted to determine whether there is a cause for the City to deny Taiko Sushi Bar’s On-Sale Wine and On-Sale 3.2 Malt Liquor License: Police Inquiry and Investigations (Mounds View Police Department) The Mounds View Police Department has issued a satisfactory report on Taiko Sushi. Staff has submitted a background check application on the owner of Taiko Sushi Bar to the Minnesota Department of Criminal Apprehension. The liquor license will be contingent on a satisfactory background check. Utility Billing Inquiry (City of Mounds View) The Finance Department has issued a satisfactory report for Taiko Sushi. Property taxes on this property are current. Fire Inspection (City of Mounds View Fire Marshal) The City’s Fire Marshal has issued a satisfactory report. Recommendation Staff recommends that the City Council approve Taiko Sushi Bar’s On-Sale Wine and On-Sale 3.2 Malt Liquor License pending a satisfactory background. The time period for this license will be July 1, 2009 to June 30, 2010. Respectfully Submitted, Desaree Crane RESOLUTION 7457 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING AN ON-SALE WINE AND 3.2 MALT LIQUOR LICENSE FOR TAIKO SUSHI BAR WHEREAS, Taiko Sushi Bar, On-Sale Wine and 3.2 Liquor License expires on June 30, 2009; and WHEREAS, all City of Mounds View business licenses must be approved by the City Council; and WHEREAS, staff recommends approval of Taiko Sushi Bar’s On-Sale Wine and 3.2 Malt Liquor license pending a satisfactory background check. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does hereby approve an On Sale Wine and 3.2 Malt Liquor License for Taiko Sushi Bar for the period of July 1, 2009 to June 30, 2010, pending a satisfactory background check with the Minnesota Department of Criminal Apprehension. Adopted this 22nd day of June, 2009. ________________________________ Joe Flaherty, Mayor ATTEST: ________________________________ James Ericson, Clerk-Administrator (seal) Item No: 07E Meeting Date: June 22, 2009 Type of Business: CB Administrator Review: _________ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Assistant City Clerk-Administrator Item Title/Subject: Resolution 7464, Revising the Policy for the Mounds View Citizenship Award The City of Mounds View Citizenship Award recognizes ordinary citizens who have demonstrated to improving the community. Past recipients of this award include: 2004: David Jahnke 2005: Frank Silvis 2006: Ed Lanz 2007: Don Hodges 2008: Barbara Haake Nominations are open to the public and the award is subject to the following guidelines below: Eligibility: Nominees must be: • A Mounds View resident, business owner or land owners. • Recent elected officials, City employees, City contractors, or political candidates are not eligible. Selection Criteria: 1. Courage: Exemplifies courage and determination to follow one’s own values. 2. Initiative: Demonstrates drive and initiative in his/her approach and overcoming challenges on the way. 3. Time Commitment: Volunteers a significant amount of time and energy to the betterment of the City of Mounds View and its residents; more than just financial contributions. 4. Effectiveness: Generates positive results for the community. 5. Unselfishness: Does not expect anything in return for his/her actions, i.e., financial compensation, fame or political notoriety. At the February 23, 2009, City Council Meeting, the City Council requested that the second bullet, under eligibility, be changed from “recent” elected officials to “current” elected officials. Staff was in the process in making the change, and it was discovered that Resolution 6361, was passed on October 11, 2004, approving the Mounds View Citizenship Award Policy. In order for the City Council to make any changes to this policy, Staff will need to draft another Resolution to authorize this change. It was the consensus of the City Council at the March Work Session to revisit the policy after the 2008 Citizenship Award was presented to the recipient, Barbara Haake. At the May Work Session, the City Council discussed the eligibility requirements of this award. It was the consensus of the City Council to make the following deletions and changes to the eligibility requirements: Eligibility: Nominees must be: • A Mounds View resident, business owner or land owners. • Recent Current elected officials, City employees, City contractors, or political candidates past Citizenship Award recipients are not eligible. Recommendation: Attached is Resolution 7464, which revises the eligibility requirements for the Mounds View Citizenship Award. Staff recommends approval of the amendment. Respectfully submitted, Desaree Crane RESOLUTION 7464 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION REVISING THE POLICY FOR THE MOUNDS VIEW CITIZENSHIP AWARD WHEREAS, the Mounds View Citizenship Award recognizes ordinary citizens who have demonstrated outstanding dedication to improving their communities; and WHEREAS, the Mounds View Citizenship Award recognizes a Mounds View Resident who represents the energetic, courageous, persistent and informed involvement of an ordinary citizen in the issues and challenges that affect the City; and WHEREAS, the City Council discussed revising the eligibility requirements of the Mounds View Citizenship Award at the February 23, 2009, City Council Meeting, March Work Session, and the May Work Session; and WHEREAS, it was the consensus of the City Council at the May Work Session to amend the eligibility requirements of the Mounds View Citizenship Award as indicated below by deleting the stricken language and adding the underlined language as follows: Recent Current elected officials, City employees, City contractors, or political candidates past Citizenship Award recipients are not eligible. NOW, THEREFORE BE IT RESOLVED that the Mounds View City Council does hereby approve the attached amended Mounds View Citizenship Award Policy. Adopted this 22nd day of June, 2009. _______________________________ Joe Flaherty, Mayor ATTEST: ______________________________ James Ericson, Clerk-Administrator (seal) Item No. 07F Meeting Date: June 22, 2009 Type of Business: CB Administrator Review: _____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Assistant City Clerk-Administrator Item Title/Subject: Resolution 7469 Approving the 2009 Festival in the Park Committee Agreement For 2009, the City has budgeted $4,500 (Account Number: 100-4110-3900) in support of the Festival in the Park. Last year, the City Council passed Resolution 7304, which authorized additional expenditures to the Festival in the Park, not to exceed $5,300, to assist the Committee in payment of Insurance, Professional Bands, Port-a-Potties, Irondale Marching Band, use of the City’s copier machine, and the Car and Tractor Show. The Festival in the Park is scheduled for August 22, 2009. At the May Work Session, the Festival Committee requested assistance from the City on payments of insurance, Professional Bands, Port-a-Potties, Irondale Marching Band, use of City’s copier machine, the Car and Tractor Show and Festival in the Park Signage. It was the consensus of the City Council to help assist the Festival Committee in funding. It was the consensus of the City Council at the June Work Session to assist the Festival Committee in funding for the following below: Professional Bands $1,000.00 (Includes Music, Stage & Sound) Port a Potties $800.00 Irondale Marching Band Contribution $1,000.00 Car and Tractor Show $1,000.00 Parade and Children Entertainment $700.00 Recommendation: Attached for your approval is the 2009 Festival Agreement. The City Attorney has reviewed the terms of the contract, and approved the contact as written. Staff recommends approval of Resolution 7469, authorizing the execution of the agreement with the Festival in the Park of Mounds View for the 2009 Festival in the Park Event. Respectfully submitted, Desaree Crane RESOLUTION 7469 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION AUTHORIZING THE EXECUTION OF THE AGREEMENT WITH THE FESTIVAL IN THE PARK OF MOUNDS VIEW FOR THE 2009 FESTIVAL IN THE PARK EVENT WHEREAS, the City of Mounds View desires to co-sponsor an annual community event entitled “Mounds View Festival in the Park” to be held on August 22, 2009; and WHEREAS, the 2009 Festival Agreement, attached as Exhibit A, has been reviewed by the City Council, and has been reviewed and approved for execution by the Festival in the Park of Mounds View Committee, the non-profit organization in charge of the Festival; and WHEREAS, the City is currently budgeted to contribute $4,500 to the Festival in the Park of Mounds View Committee to pay for City personnel and equipment expenses; and WHEREAS, it is the consensus of the City Council to assist in additional expenditures to the Festival in the Park of Mounds View Committee, not to exceed $4,500, to assist in the payment of Professional Bands, Port-a-Potties, Irondale Marching Band, Car and Tractor Show, and Parade and Children Entertainment. NOW, THEREFORE BE IT RESOLVED that the Mounds View City Council hereby authorize assistance in additional expenditures, to the Festival in the Park Committee not to exceed $4,500, to assist the Committee in payment of Professional Bands, Port-a-Potties, Irondale Marching Band, the Car and Tractor Show, and Parade and Children Entertainment. NOW, THEREFORE BE IT FURTHER RESOLVED, that the that the Mounds View City Council does hereby approve the attached Festival Agreement as set forth in Exhibit A and authorizes its execution by the Mayor and Clerk-Administrator. Adopted this 22nd day of June, 2009. _______________________________ Joe Flaherty, Mayor ATTEST: ______________________________ James Ericson, Clerk-Administrator (seal) FESTIVAL IN THE PARK AGREEMENT THIS AGREEMENT is entered into this 22nd day of June, 2009, by and between the City of Mounds View, a municipal corporation under the laws of Minnesota (the “City”) and Festival in the Park of Mounds View, a Minnesota non-profit corporation (the “Corporation”). WHEREAS, the City is owner of City Hall, City Hall Park, and Community Center (collectively the “Park”) located within the City; and WHEREAS, the Corporation desires to sponsor and coordinate an annual community event entitled, “Mounds View Festival in the Park” (the “Festival”), to be held on August 22, 2009; and WHEREAS, pursuant to Minnesota Statutes, Sections 47115-191 and other law, the City has the authority to operate a program of public recreation and enter into agreements with the Corporation pertaining to the conduct thereof; and WHEREAS, the City desires that the Corporation sponsor and coordinate the Festival; and WHEREAS, the City is willing to support the Festival, as set forth in this Agreement; and WHEREAS, the Corporation is willing to undertake the Festival sponsorship and support of the City in accordance with the terms and conditions of this Agreement. NOW THEREFORE, the parties agree as follows: 1. Scope of Festival. The Corporation will sponsor and coordinate all aspects of the Festival. 2. Time and Performance. This Agreement will begin as of August 21, 2009, and will terminate as of August 24, 2009 (the “Termination Date”). 3. City Contribution. In support of the community-based Festival, the City will provide a contribution of up to $4,500.00, which includes the $140.00 dollar amount to be paid by the Corporation to the City for the amusement license necessary for the Festival, with the amount of such actual monetary contribution to be reduced by the cost to the City of providing city staff assistance to the Festival. The City will provide the assistance of City staff to assist the Corporation as set forth on Exhibit A, which is incorporated herein by reference. Then up to $4,500.00 City contribution shall be reduced by the amount of the personnel costs paid by the City for the Festival as set forth in Exhibit A. The city will provide the assistance of City equipment to assist the Corporation as set fort on Exhibit B, which is incorporated herein by reference. The city will allow use of the Park upon the Corporation requesting and obtaining the appropriate permits from the City for the Park. The City agrees to waive the permit fee for the Park. The City will pay up to the above-referenced amount, minus the appropriate reductions, to the Corporation after the City’s payroll period following the Festival. In support of the community-based Festival, the City will provide assistance in additional expenditures, not to exceed $4,500, to assist the Committee in payment of Professional Bands, Port-a-Potties, Irondale Marching Band, the Car and Tractor Show and Parade and Children Entertainment. If the Agreement should be terminated for any reason prior to the Termination Date, the Corporation will be compensated on a pro rata basis for the period of time that this Agreement was in effect. The Corporation shall pay any and all taxes due to federal, state, and local governments, and the City shall not withhold any amounts therefore. In addition, the Corporation shall be responsible for any necessary workers compensation and unemployment insurance required for the individuals performing services hereunder, and the City shall have no obligation whatsoever in this regard. 4. Independent Contractor. The Corporation and neither it nor any of its volunteers, employees or agents performing services hereunder shall be an employee of the City. The Corporation is an independent contractor and it shall retain control over the manner and means of the work set forth above. The Corporation understands and acknowledges that the City shall not provide any benefits of any type in connection with this Agreement, including but not limited to health or medical insurance, workers compensation insurance, or unemployment insurance. The Corporation shall in no case have the power to bind or obligate the City in any way to any third-party. 5. Insurance. a. The Corporation shall provide comprehensive general liability insurance for bodily injury and property damage with a combined single limit of $1,000,000 per occurrence. Such comprehensive general liability insurance shall include, but not be limited to, coverage for mechanically-operated amusement devices, alcohol sales, and fireworks displays. The policies of insurance shall name the City of Mounds View as an additional insured. b. The Corporation shall provide evidence of automobile and mobile equipment insurance coverage for all motorized vehicles used in connection with work under this Agreement with a combined single limit for bodily injury and property damage of not less than $1,000,000 per occurrence. c. The Corporation shall provide Workers’ Compensation coverage in the statutory amount required for all individuals performing services under this contract such as contractors’ employees, subcontractors, independent contractors, etc. d. The Corporation shall provide Employer’s Liability insurance coverage (Part B. of the Workers’ Compensation Policy) in the amount of $100,000 bodily injury each accident, bodily injury by disease $500,000 policy limit, $100,000 bodily injury by disease each employee. e. A Certificate of Insurance showing coverage as indicated above with a carrier that is acceptable to the City of Mounds View as well as a copy of all policies of insurance shall be submitted to the City Clerk-Administrator at least 30 days prior to the Festival. The City reserves the right to reject the carrier if it is not an A+ carrier licensed to do business in the State of Minnesota. f. Nothing herein shall be construed as a waiver of any immunity or limitation on liability to which the City is entitled under law. 6. Termination. If either party fails to perform its obligations under this Agreement, the other party may terminate this Agreement by giving written notice of the intention to terminate to the other party at least thirty (30) days prior to such termination, provided, however, that if Corporation’s failure to perform its obligations hereunder creates or constitutes, in the sole judgment of the City, a threat to the public health, safety, or welfare, the City may immediately terminate this Agreement. 7. General Terms and Conditions. a. The Corporation will provide all equipment used by the Corporation, except the City equipment as set forth in Exhibit B, which is incorporated herein by reference. b. Corporation will control its own schedule of work hours as necessary to sponsor and coordinate the Festival. c. Any and all reports, and other work products, whether completed or not, that are prepared or developed by the Corporation as a part of this Agreement shall be jointly owned by the City and the Corporation and shall be made available to the City promptly at the City’s request or at the termination of this Agreement. The Corporation shall provide annual financial reports including all revenues and expenditures related to the Festival for the present year within thirty days of the date of the Festival, and the City will retain these records for three (3) years. d. Any titles of the several parts of the Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. e. A notice, demand, or other communication under this Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally to the following addresses: City: 2401 Highway 10 Mounds View, MN 55112 ATTN: Clerk-Administrator Corporation: 2085 Hillview Rd Apt. 1 Mounds View, MN 55112-1314 ATTN: Theresa Cermak, President or at such other address with respect to either such party as that party may, from time to time, designate in writing and forward to the other as provided in this Section. f. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. g. This Agreement is made and shall be governed in all respects by the laws of the State of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be heard in the state or federal courts of Minnesota, and the parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. h. If any provision or application of this Agreement is held unlawful or unenforceable in any respect, such illegality or unenforceability shall not affect other provisions or applications that can be given effect, and this Agreement shall be construed as if the unlawful or unenforceable provision or application had never been contained herein or prescribed hereby. i. This Agreement, together with its Exhibits, which is incorporated by reference, constitutes the complete and exclusive statement of all mutual understandings between the parties with respect to this Agreement, superseding all prior or contemporaneous proposals, communications, and understandings, whether oral or written, concerning this Agreement. This Agreement may not be amended nor any of its terms modified except by a writing authorized and executed by both parties hereto. 8. The Corporation shall protect, indemnify, defend, and hold harmless the City and its governing body members, officers, agents, servants, and against and from any claim, demand, suit, action, or other proceeding whatsoever by any person or entity whatsoever arising or purportedly arising from this Agreement or the activities undertaken pursuant to it. The provisions of this paragraph 8 shall survive termination of this Agreement. 9. The Corporation will provide the City with a comprehensive accounting and detailing of the expenditure of funds contributed by the City to the Festival and the Corporation. IN WITNESS THEREOF, the parties have caused this Agreement to be executed as of the date first above. CITY OF MOUNDS VIEW By: Its: Mayor By: Its: Clerk-Administrator FESTIVAL IN THE PARK OF MOUNDS VIEW By: Its: By: Its: EXHIBIT A CITY STAFF ASSISTANCE ESTIMATE 1. Maintenance workers: 2 workers X 20 hrs @ approx. $32/hr $_________ 3 seasonal workers X 12 hrs @ approx. $13.hr $_______ 2. Police: 2 officers X 8 hrs @ approx. $55/hr $ ______ Total: $________ EXHIBIT B CITY EQUIPMENT 1. Public Works Equipment: Large box 1 ton truck Small box 1 ton truck 1 Large dump truck 2 -Pick up trucks Tandem trailer Front-end loader City generator Post pounder 2 Utility trucks 2 Golf carts or equivalent Hoses Extension cords Water shut off keys Barricades 2. Fire Dept: Fire truck Item No: 07G Meeting Date: June 22, 2009 Type of Business: CB City Administrator Review: _____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Assistant City Clerk-Administrator Item Title/Subject: Resolution 7470 Approving a Step Increase for Officer Ben Knitter of the Mounds View Police Department Background: Officer Ben Knitter is a current employee with the City of Mounds View. His supervisor, Deputy Chief Kinney, has reviewed his performances as it relates to the responsibilities outlined in the job description. Discussion: It was determined that Officer Ben Knitter has satisfactorily performed in the capacity of his position, and therefore, a step increase wage adjustment is consistent with the LELS Labor Agreement. Recommendation: Staff recommends approval of Resolution 7470. Respectfully Submitted, Desaree Crane RESOLUTION 7470 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING STEP/LONGEVITY ADJUSTMENTS WHEREAS, the following below is a regular full-time employee who is currently working for the City of Mounds View; and WHEREAS, his supervisor reviewed his performance as it relates to the responsibilities outlined in the job description; and WHEREAS, his supervisor determined that the following employee below has satisfactorily performed in the capacity of his position documented in his performance review on file; and WHEREAS, a step increase wage adjustment is consistent with the Mounds View Personnel Manual and Labor Agreements. NOW, THEREFORE BE IT RESOLVED that the Mounds View City Council does hereby approve a wage adjustment to the following indicated in the chart below. NAME CURRENT POSITION DATE OF EMPLOYMENT/CURRENT POSITION CURRENT STEP & WAGE STEP & WAGE ADJUSTMENT EFFECTIVE DATE OF ADJUSTMENT Officer Ben Knitter MV Police Officer June 27, 2006 Step 4: $29.27/hr Step 5: $32.45/hr June 27, 2009 Adopted this 22nd day of June, 2009. __________________________________ Joe Flaherty, Mayor ATTEST: __________________________________ James Ericson, Clerk- Administrator (seal) Item No: 07H Meeting Date: June 22, 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: Second Reading and Adoption 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 June 22, 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 adoption of Ordinance 822 and requests authorization to publish an ordinance summary in the official City newspaper consistent with the City Charter. Respectfully submitted, ________________________ James Ericson Clerk - Administrator Attachment: 1. Ord 822 ORDINANCE SUMMARY ORDINANCE NO. 822 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA On June 22, 2009, the Mounds View City Council adopted Ordinance 822, an ordinance which revised Chapter 202 of the Mounds View City Code by adding a new Section 202.20 which established a process for the collection of costs associated with emergency services, unpaid service charges and fees, and unpaid administrative offense penalties for property- based code violations. The ordinance is on file and available for public viewing at the office of the Clerk Administrator. The ordinance is posted in its entirety on the City’s website, located at www.ci.mounds-view.mn.us. James Ericson, Clerk-Administrator ORDINANCE NO. 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: 07I Meeting Date: June 22, 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: Second Reading and Adoption 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 07H 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 second reading and adoption of Ordinance 823 and request Council authorization to publish a summary of the ordinance consistent with the City Charter. Respectfully submitted, ________________________ James Ericson Clerk - Administrator Attachment: 1. Ord 823 ORDINANCE SUMMARY ORDINANCE NO. 823 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA On June 22, 2009, the Mounds View City Council adopted Ordinance 823, an ordinance which revised 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 new language establishes Council authority to certify unpaid fines, fees and penalties to property taxes as an alternative method of payment. The ordinance is on file and available for public viewing at the office of the Clerk Administrator. The ordinance is posted in its entirety on the City’s website, located at www.ci.mounds-view.mn.us. James Ericson, Clerk-Administrator ORDINANCE NO. 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. 07J Type of Business: CB Date: June 22, 2009 City Administrator Review _______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, Clerk-Administrator Item Title/Subject: Second Reading and Adoption 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 a new Chapter 611 of the City Code which established Outdoor Special Event provisions. 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 would amend 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. Despite differences of opinion regarding the deletion of the outdoor special event provisions, the Council approved the first reading of the revised ordinance on May 26th. There seemed to be some interest in retaining some of the outdoor special event provisions, however staff indicated it would be cleaner to start from “scratch” rather than attempting to modify the existing language. If the Council would like some of the soon to be deleted provisions to survive in a new ordinance, perhaps the issue could be scheduled for a work session discussion. Ordinance 820 Report June 22, 2009 Page 2 Recommendation: Staff recommends the City Council approve the second reading and adoption of Ordinance 820. Staff further requests authorization to publish a summary of the ordinance in the official City newspaper in lieu of the full ordinance, in the event the ordinance is approved. Respectfully submitted, _______________________ James Ericson Clerk-Administrator Attachments: 1. Ordinance 808 2. Ordinance 820 3. Ordinance 820 Summary 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) 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 SUMMARY ORDINANCE NO. 820 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA On June 22, 2009, the Mounds View City Council adopted Ordinance 820, an ordinance which deletes Chapter 611 from the Mounds View Municipal Code. Originally adopted via Ordinance 810 on September 22, 2008, the deleted chapter effectively rescinds the requirements associated with special outdoor events. While such events are still bound by all other code requirements (noise, litter, nuisance, liquor, zoning, parking, lighting, etc.) a special permit or application fee will no longer be required. The ordinance is on file and available for public viewing at the office of the Clerk Administrator. The ordinance is posted in its entirety on the City’s website, located at www.ci.mounds-view.mn.us. James Ericson, Clerk-Administrator Item No: 7K Meeting Date: June 22, 2009 Type of Business: Action Administrator Review: ________ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Heidi Heller, Planning Associate Item Title/Subject: Resolution 7467, Approving new and replacement signage at the Community Center for Creative Kids Academy Introduction: On June 9, 2009, city staff received a zoning permit application from Creative Kids Academy, a tenant in the community center. They are requesting city approval to replace an existing sign and add one new sign. Discussion: All new or replacement signage in the city requires a zoning permit. The signs must be approved by the property owner before the City will issue the permit. Since the community center is owned by the City of Mounds View, the City Council is the responsible party to approve or deny this application. Creative Kids Academy is current on their lease payments. Creative Kids Academy would like to update their signs at the community center to include their full name and current logo. They currently have a ground sign along Edgewood Drive and a space on the main community center ground sign. They are requesting to replace the ground sign and to add a wall sign to the Edgewood Drive side of the building. City staff denied their request to replace the Creative Kids Academy sign in the main community center ground sign because currently the style of all of the lettering on the sign is similar, and the proposed replacement was very different. Per city code, each business is allowed to have 100 square feet of wall signage and 200 square feet of ground signage. Creative Kids Academy is proposing to replace the existing 3’x4’ (12 square feet) ground sign, and add a 5’x5’ (25 square feet) wall sign. There are photos included in this report that show the proposed signs. The proposed signs meet all city code requirements. Recommendation: Approve Resolution 7467, approving a zoning permit for a new sign and for a replacement sign at the community center for Creative Kids Academy. Respectfully submitted, Heidi Heller Planning Associate Proposed signage for Creative Kids Academy at the Mounds View Community Center This is a new wall sign to be added This is a replacement sign RESOLUTION 7467 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVAL OF A ZONING PERMIT FOR NEW AND REPLACEMENT SIGNAGE FOR CREATIVE KIDS ACADEMY, A TENANT IN THE MOUNDS VIEW COMMUNITY CENTER WHEREAS, the City of Mound View is the owner of the Mounds View Community Center, located at 5394 Edgewood Drive; and, WHEREAS, Creative Kids Academy is a tenant in the Mounds View Community Center; and, WHEREAS, the subject parcel is legally described as Mounds View City Hall Addition, Lot 1 Block 2; and, WHEREAS, the property in question is zoned B-3, Highway Business; and, WHEREAS, the City Council has reviewed the applicant’s request for a zoning permit for new and replacement signage, and has determined that it is in conformance with all codes, regulations and requirements; and, NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council approves the zoning permit for new and replacement Creative Kids Academy signage at 5394 Edgewood Drive, subject to the following condition: 1. The applicant shall remove all Creative Kids Academy banners from the outside of the Mounds View Community Center building and fence. Adopted this 22nd day of June, 2009. _________________________________ Joe Flaherty, Mayor ATTEST: __________________________________ Jim Ericson, Clerk-Administrator (seal) Item No. 7.L. Meeting Date: June 22, 2009 Type of Business: Council Business City Administrator Review: ______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Mark Beer, Finance Director Item Title/Subject: Resolution 7474 Authorizing a Ground Space Lease with TTM Operating Corporation Background: TTM Operating Corporation approached the City in October 2008, about leasing ground space in the water tower. (32 sq.ft.) They were offering $150 per month for a series of three year leases with a 3% inflator. Staff had countered with $250 per month for one connection and $125 per month for additional connections to other cell phone carriers on the tower. We also requested $2,000 upfront for legal and staff costs and a 4% inflator. Discussion: TTM has been adamant about not paying for additional monthly connection charges and our negotiations have been stalled as a result. Staff met with a representative of TTM on June 10th to try and work out a resolution. Staff proposed the following changes: 1) that TTM use the old Metrocom cabinet that is unused but is wired and does not pose the security issue of locating in the water tower; 2) that TTM pay $2,000 for each additional connection as a one-time review fee, currently there are two additional carriers available. (Sprint, Verizon) TTM will also assist the City in leasing tower space to AT&T, the only major carrier not on our tower. (Annual rental $17,000 - $19,000) Staff has contacted a number of cities (Arden Hills, Spring Lake Park, Roseville, North St. Paul, White Bear Lake, White Bear Township, and Champlin) where TTM has leased ground space and the rental amounts range from $225 to $250 per month so we are at the top end of that range. No other cities have negotiated additional monthly charges for additional connections. Recommendation: Staff is recommending approval of resolution 7474 pending legal review of the lease document. Respectfully Submitted, Mark Beer RESOLUTION NO. 7474 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA Authorizing a Ground Space Lease with TTM Operating Corporation WHEREAS, the City Council desires to enhance telecommunications within the Mounds View area and work cooperatively with TTM Operating Corporation by leasing ground space; and WHEREAS, this will utilize unused space within a cabinet that has been abandoned by a former telecommunications provider; and WHEREAS, this will also enhance revenue to the City by providing $250 per month for approximately 16 square feet of ground space for an initial lease period of three (3) years and the option of four (4) additional three (3) year periods with an annual inflator of four (4) percent; and WHEREAS, TTM Operating Corporation will pay the City $2,000 upfront for legal and staff costs; and WHEREAS, TTM Operating Corporation will pay $2,000 for each additional connection to other telecommunications providers. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, the Mayor and the City Clerk-Administrator are hereby authorized to sign the ground space lease with TTM Operating Corporation pending satisfactory legal review. Said resolution was declared to have been duly passed and adopted this 22nd day of June, 2009. __________________________ Joe Flaherty, Mayor ATTEST: __________________________ Jim Ericson, City Clerk-Administrator (SEAL) Item No. 7.M. Meeting Date: May 12, 2008 Type of Business: Council Business City Administrator Review: ______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Mark Beer, Finance Director Item Title/Subject: Resolution 7472 Authorizing Installation of Fiber Optic Conduit Background: At the November 2008 Work Session staff presented the Council with a possible opportunity to install fiber optic conduit from City Hall to the east side of the H2 and County Highway 10 intersection as part of the TTM Operating Corporation (TTM) fiber installation to the water tower. The installation would be approximately 2,000 feet for future use. We would be able to use the same contractor which would save a significant amount over what it would cost if we build it alone. Staff spoke with the Roseville IT Director and he requested a quote from Access Corp, the contractor extending the fiber for TTM. The cost would be approximately $8,000 plus taxes and freight. Council direction was to pursue the installation of conduit pending an agreement with TTM. Discussion: W ith the possibility of a ground lease being authorized with TTM, Council will need to authorize the installation of the conduit and modify the budget in the Cable Fund to accommodate payment. Account 210-4350-7030 equipment would need to be increased by $8,438. Recommendation: Staff is recommending approval of resolution 7472. Respectfully Submitted, Mark Beer RESOLUTION NO. 7472 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA Authorizing Installation of Fiber Optic Conduit WHEREAS, the City Council desires to develop Mounds View’s communication infrastructure to prepare for future needs; and WHEREAS, opportunities to cost share installation of the communication infrastructure are financially beneficial; and WHEREAS, County, State, and Federal officials encourage communities to install conduit for communications infrastructure when possible; and WHEREAS, the City gains a valuable fiber segment that can be built on in the future to enhance and develop the City’s own communication needs. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View does hereby authorize the installation of fiber optic conduit from City Hall to the east side of the H2 and County Highway 10 intersection in the amount not to exceed $8,438. Payment is authorized out of the Cable Fund account 210-4350-7030 and the budget is hereby increased by $8,438. Adopted this 22nd day of June, 2009. __________________________ Joe Flaherty, Mayor ATTEST: _____________________________ Jim Ericson, City Clerk-Administrator (seal) Item No: 08A Meeting Date: June 22, 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. Blacktop Driveway Co., Inc. HVAC Renewal Reibel Heating & Air Cond., Inc. HVAC New Residential Heating & Air HVAC New RetroFoam of MN LLC Insulation New Ron’s Heating & A/C HVAC New Signminds, Inc. Sign Installation New Talbot Builders Masonry/Cement New Team Fence Co., Inc. Fence Installation New VanKirk Heating & Air LLC HVAC New Woodland Way, Inc. HVAC New Staff Recommendation: Approve license applications as requested. Item No.: 08B Meeting Date: June 22, 2009 Type of Business: CA City Administrator Review: _____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Assistant City Clerk-Administrator Item Title/Subject: Resolution 7471 Approving 2009-2010 Business Licenses The wrong resolution number was placed. This staff report was corrected to add the correct resolution number. All City of Mounds View business licenses will expire June 30, 2009. Staff is recommending that the Council approve business licenses for the businesses listed in Resolution 7471 contingent upon the City’s receipt of the appropriate fees, applications, proof of insurance and satisfactory reports from the appropriate departments and organizations. Respectfully Submitted, Desaree M. Crane RESOLUTION 7471 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA A Resolution Approving Business Licenses for 2009-2010 WHEREAS, all City of Mounds View Business Licenses expire June 30, 2009; and WHEREAS, all City of Mounds View business licenses must be approved by the City Council; and WHEREAS, staff recommends approval of the business licenses for the businesses listed in Exhibit A. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does hereby approve business licenses for the businesses listed in Exhibit A contingent upon the City’s receipt of the appropriate fees, application materials, proof of insurance and satisfactory reports from City departments, and the Fire Marshal. Adopted this 22nd day of June, 2009 Joe Flaherty, Mayor ATTEST: James Ericson, Clerk-Administrator (seal) EXHIBIT A Local Company License Local Address Ace Solid Waste, Inc Garbage and Rubbish Hauler License Anoka, MN Allied Waste Systems, Inc. Garbage and Rubbish Hauler License Circle Pines, MN Aspen Waste Systems, Inc. Garbage and Rubbish Hauler License Minneapolis, MN Carlson, William Nietz, Georganne Residential Kennel License 8041 Long Lake Rd The Mermaid (Arcade) Amusement Devices and Centers License 2200 Highway 10 Robert's Sports Bar and Entertainment Amusement Devices and Centers License 2400 County Road H2 Big Top Discount Liquors Cigarette and Tobacco License 2577 Highway 10 BFI Waste Systems of North America Garbage and Rubbish Hauler License Inver Grove Hts, MN Burger King #4116 Restaurant License 2651 County Rd I Caribou Coffee Restaurant License 2585 Highway 10 CVS Pharmacy #5999 Cigarette and Tobacco License 2800 County Road 10 Dominos Pizza Restaurant License 2548 Highway 10 Fedor's Market Cigarette and Tobacco License 5491 Adams St. North Holiday Gasoline License 2732 Highway 10 Holiday Cigarette and Tobacco License 2732 Highway 10 Keith Krupenny & Son Garbage and Rubbish Hauler License West St. Paul, MN KFC #Y067042 Restaurant License 2213 Highway 10 Moe’s Amusement Devices and Centers License 2400 Highway 10 Moe’s Restaurant License 2400 Highway 10 Mounds View Best Steak House Restaurant License 2555 Highway 10 Long John Silvers/Taco Bell Restaurant License 2219 Highway 10 Mounds View BP, Inc. Cigarette and Tobacco License 2155 Highway 10 Mounds View BP, Inc. Gasoline License 2155 Highway 10 McDonald's Restaurant License 2201 Highway 10 Pink Flower Vietnamese Restaurant Restaurant License 2563 Highway 10 R.J. Riches Restaurant Restaurant License 2145 Highway Avenue Randy's Sanitation Garbage and Rubbish Hauler License Delano, MN Ray Anderson & Sons Co. Inc. Garbage and Rubbish Hauler License St. Paul, MN Robert's Sports Bar and Entertainment Restaurant License 2400 County Road H2 Saturn of St. Paul Automobile Sales License 2375 Highway 10 Seehafer, Wayne Residential Kennel License 8009 Red Oak Drive Sham-O-Jets Kennels Commercial Dog Kennel 7700 Long Lake Stolz, Elizabeth (Dr.) Residential Kennel License 8320 Pleasant View Dr. Snyder's Drug #5044 Cigarette and Tobacco License 2553 Highway 10 SuperAmerica #4264 Cigarette and Tobacco License 2640 County Road I Local Company License Local Address SuperAmerica #4264 Gasoline License 2640 County Road I Subway Restaurant License 2546 Highway 10 Taiko Sushi Bar Restaurant License 2394 Highway 10 The Mermaid Restaurant License 2200 Highway 10 The Mermaid Bowling License 2200 Highway 10 The Station Gasoline License 2280 Cty Rd I The Station Cigarette and Tobacco License 2280 Cty Rd I Tobacco View Cigarette and Tobacco License 2539 Highway 10 Totino’s Italian Kitchen Restaurant License 2535 Highway 10 Wynnsong 15 Amusement Devices and Centers License 2430 Highway 10 Twin City Refuse Garbage and Rubbish Hauler License St. Paul, MN Veolia Solid Waste Garbage and Rubbish Hauler License St. Paul, MN Veit Corporation Garbage and Rubbish Hauler License Rogers, MN View Market (aka Sam’s Market) Cigarette and Tobacco License 2408 County Rd I Vino & Stogies Cigarette and Tobacco License 2 licenses - one for the liquor store and one for the cigar shop 2345 County Road H2 Walgreens #06447 Cigarette and Tobacco License 2387 Highway 10 Walter's Recycling and Refuse Garbage and Rubbish Hauler License Circle Pines, MN Waste Management of Minnesota Garbage and Rubbish Hauler License Blaine, MN Item No. 8C Meeting Date: June 22, 2009 Type of Business: CA WK: Work Session; PH: Public Hearing; CA: Consent Agenda; CB: Council Business City Administrator Review _______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Nick DeBar, Director of Public Works Item Title/Subject: Resolution 7473 Authorizing the Preparation of Federal Transportation Funding Applications for County Road 10 Intersection and Trail Projects This item was verbally discussed with the City Council during the Capital Improvement Program item under staff reports at the June 8, 2009 regular council meeting. Background: Every two years, the Minnesota Department of Transportation (Mn/DOT) solicits applications for funding various transportation-related projects on behalf of the Federal Highway Administration (FHWA). Funding is in the form of grant monies which are allocated through various programs based on type of transportation activities. A Transportation Advisory Board (TAB) is responsible for selecting projects to be financed by the program in the seven-county metro region. Projects applied for in 2009 will be available for distribution in Federal Fiscal Years 2013 and 2014. The City of Mounds View has been successful in obtaining Federal funding through these programs in the past. The City was awarded approximately $525,000 for County Road 10 Trail Segments 1 – 5 through the Transportation Enhancement (TE) program and approximately $600,000 for County Road 10 / County Road H Intersection Improvements through the Highway Safety Improvement Program (HSIP). The trail project is scheduled to be constructed in 2009 and the intersection improvements are scheduled to be constructed in 2011. Discussion: City staff, with assistance from Bonestroo, has identified the County Road 10 / Silver Lake Road Intersection Improvements and County Road 10 Trail Segments 6 and 11 projects to be the best candidates to receive Federal funding through the 2009 solicitation. Funding would be pursued through the HSIP for the intersection improvements and through the TE program for trail segments 6 and 11. A HSIP application was prepared for the County Road 10 / Silver Lake Road Intersection Improvement project during the last solicitation in 2007. Although the project was not selected to be funded by the TAB, it did come close to being selected. The HSIP primarily funds projects associated with improving roadway safety and requires a worksheet identifying the benefit to cost ratio as part of the application packet. This B/C ratio is most influenced by the 3 prior years’ accident data and construction costs. The County Road 10 / Silver Lake Road intersection will have improved turn lanes constructed as part of the 2009/2010 Street and Utility Improvement project this year. These improvements will lower the construction costs for the application worksheet, whereby increasing the B/C ratio and providing a better chance to be selected. The 2007 HSIP application for this intersection had a B/C ratio of about 1.7, and rough calculations for the 2009 application estimate a B/C ratio of over 2.0. The TE program provides funding for non-traditional transportation projects, such as projects facilitating bicycle and pedestrian use. Coordination between communities and system planning are necessary activities when TE funded projects are being considered for selection. Mounds View has taken the needed steps to plan and coordinate the County Road 10 Trail system. Ramsey County, City of Spring Lake Park, and Oak Crest Senior apartments have pledged support for County Road 10 Trailway and will provide letters supporting the project. In addition, Mounds View’s Comprehensive Plan shows the trailway. Trail segment 6 is a continuation of trail segments 1-5, and trail segment 11 will close the gap between trail segments 9/10 and segment 12, providing good trail connectivity on both sides of County Road 10. Bonestroo has provided City staff with fee proposals to prepare applications for Federal funding of these projects. The proposal includes a fee of $1,000 to prepare the HSIP application (CR 10/SLR Intersection Improvements) and $2,700 to prepare the TE application (Trail Segments 6/11), for a combined total fee of $3,700. The potential funding for the County Road 10 / Silver Lake Road intersection improvements is approximately $280,000 and for trail segments 6/11 is approximately $600,000 for a combined total of $880,000. The funding requires an 80/20 Federal/local split. Therefore, the local match would be approximately $70,000 for the intersection improvements and $150,000 for the trail segments for a combined total of approximately $220,000. There are other projects planned in Mounds View that would qualify for the 2009 solicitation, including other major intersections of County Road 10, but City staff and Bonestroo believe these projects don’t have nearly as good of chance to be selected for Federal funding as the County Road 10 / Silver Lake Road intersection and Trail Segments 6/11 projects. Recommendation: City staff recommends that the City Council adopt a resolution authorizing the preparation and subsequent submittal of Federal transportation funding applications for County Road 10 trail and intersection projects described above. If adopted, the resolution will authorize Bonestroo to prepare the both applications on behalf of Mounds View for a combined total fee of $3,700. Respectfully Submitted, Nick DeBar | Director of Public Works RESOLUTION 7473 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AUTHORIZING THE PREPARATION OF FEDERAL TRANSPORTATION FUNDING APPLICATIONS FOR COUNTY ROAD 10 INTERSECTION AND TRAIL PROJECTS WHEREAS, pursuing grants for trails and intersection improvements is an action step of the City adopted goal of County Road 10 Redevelopment and Revitalization; and WHEREAS, Federal funding is available for various transportation-related projects through the 2009 regional solicitation process; and WHEREAS, Mounds View has been successful in obtaining Federal funds for County Road 10 intersection and trail projects during previous regional solicitations; and WHEREAS, City staff has identified County Road 10/Silver Lake Road Intersection Improvements and County Road 10 Trail Segments 6/11 projects as having good potential for Federal funding selection; and WHEREAS, Bonestroo is familiar with County Road 10 intersection and trail projects and Federal transportation funding application process; and WHEREAS, Bonestroo has provided a combined fee proposal of $3,700 to prepare applications for Federal transportation funding of identified County Road 10 intersection and trail projects; and WHEREAS, the City Council gave verbal approval at the June 8, 2008 regular council meeting authorizing Bonestroo to prepare Federal transportation funding applications for the identified County Road 10 intersection and trail projects for $3,700. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota as follows: 1. It is hereby authorized that applications for Federal transportation funding be prepared and subsequently submitted for the County Road 10 / Silver Lake Road Intersection Improvements and County Road 10 Trail Segments 6/11 projects. 2. Bonestroo will prepare the Federal transportation funding applications on behalf of Mounds View for a combined fee of $3,700 ($1,000 for intersection improvements and $2,700 for trail segments). 3. Fees associated with Bonestroo’s services to prepare the Federal transportation funding applications shall be paid as follows: $1,000 from Account 410-4650-3030 and $2,700 from Account 280-4180-7050. Adopted this 22th day of June, 2009. ____________________________________ Joe Flaherty, Mayor ATTEST: ____________________________________ James Ericson, Clerk-Administrator (SEAL) Corrections made by Assistant City Cler k-Administrator Crane PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1 CITY OF MOUNDS VIEW 2 RAMSEY COUNTY, MINNESOTA 3 4 Regular Meeting 5 May 26, 2009 6 Mounds View City Hall 7 2401 Highway 10, Mounds View, MN 55112 8 7:12 P.M. 9 10 11 1. MEETING IS CALLED TO ORDER 12 13 2. PLEDGE OF ALLEGIANCE 14 15 3. ROLL CALL: Flaherty, Council Member Stigney, Hull, Mueller, Gunn. 16 17 NOT PRESENT: None. 18 19 4. APPROVAL OF AGENDA 20 A. Monday, May 26, 2009, City Council Agenda. 21 22 MOTION/SECOND: Mueller/Hull. To Approve the Monday, May 26, 2009, agenda as 23 presented. 24 25 Ayes – 5 Nays – 0 Motion carried. 26 27 5. PUBLIC INPUT 28 29 Torri Johnson, 7730 Long Lake Road, complimented the City on its new website design. She 30 stated there has been a rash of door-to-door solicitations and asked what residents can do. Mayor 31 Flaherty suggested the resident ask to see the peddler’s permit or, if they are not comfortable 32 doing that, tell the solicitor they are not interested and then contact and inform City staff. 33 34 Tom Winiecki, 2748 Sherwood Road, questioned the status of the nuisance he had informed the 35 Council about on May 4, 2009 and asked for copies of police reports issued since May 5, 2009. 36 Community Development Director Roberts stated staff will provide the requested information by 37 Thursday. 38 39 Cam Obert, 8315 Greenwood Drive, stated he provided staff with a long list of code violations 40 that have been problem properties for up to 14 years. He expressed his frustration that nothing 41 happens to improve this situation due to funding and suggested that imposing fines could pay for 42 staff to do Code enforcement. Mr. Obert expressed concern that his property values have been 43 diminishing because of this situation. 44 45 Mounds View City Council May 26, 2009 Regular Meeting Page 2 Mayor Flaherty agreed that violations have gone on too long and noted staff has issued twice as 1 many complaints as in past years. He explained the City has no other recourse than to turn it 2 over to the court system and if compliance is not reached, abate the nuisance. Mayor Flaherty 3 assured Mr. Obert that properties are being cleaned up. 4 5 Mr. Obert suggested Mounds View go to a City Manager form of government so things will get 6 done and the Code upheld. 7 8 Tom Winiecki, 2748 Sherwood Road, stated he believes the City’s posted No Parking signs for 9 overnight parking (2 a.m. to 6 a.m.) are being ignored; another violation not being enforced. 10 11 6. SPECIAL ORDER OF BUSINESS 12 A. Special Recognition of Mounds View Residents Jonathan Smith and Brent 13 Fyksen. 14 15 Mayor Flaherty read the Police Chief citations commending residents Jonathan Smith and Brent 16 Fyksen for their assistance. He thanked both residents for their diligence and heroic action. 17 18 7. COUNCIL BUSINESS 19 A. Resolution 7453, Approving a Residential Kennel License for Craig and 20 Karen Stern located at 2317 Hillview Road. 21 22 Assistant Clerk-Administrator Crane presented the residential kennel license request of Craig and 23 Karen Stern, 2317 Hillview Road, for three dogs. She advised the dogs are licensed, the property 24 is fenced, and the applicant had submitted a valid resident petition. There have been no incidents 25 so staff recommends approval. 26 27 MOTION/SECOND: Mueller/Gunn. To Waive the Reading and Adopt Resolution 7453 28 Approving a Residential Kennel License located at 2317 Hillview Road for Craig and Karen 29 Stern. 30 31 B. First Reading and Introduction of Ordinance 820, an Ordinance Deleting 32 Chapter 611 from the City Code Relating to Outdoor Special Events. 33 34 Clerk-Administrator Ericson presented staff’s recommendation to strike Chapter 611 related to 35 outdoor special events and let the Code address issues related to an outdoor event. At the last 36 meeting, Council felt outdoor events on private property do not need to be regulated. For public 37 events, the Council has the discretion. Staff revised the Ordinance to delete Chapter 611 and 38 recommends adoption. 39 40 MOTION/SECOND: Gunn/Mueller. To Approve First Reading and Introduce Ordinance 820, 41 an Ordinance Amending Title 600 by Deleting Chapter 611 of the City Code relating to Outdoor 42 Special Events. 43 44 Mounds View City Council May 26, 2009 Regular Meeting Page 3 Council Member Stigney stated his preference to be proactive, not reactive, and asked what other 1 cities do with outdoor street dances on private property or outdoor events at businesses. He 2 noted that other cities require a permit and a fee to cover the City’s costs. He suggested the 3 existing ordinance language be held in abeyance until new language is crafted. 4 5 Mayor Flaherty stated he was surprised the chapter was deleted and agreed with Council Member 6 Stigney that it is reactionary. 7 8 Clerk-Administrator Ericson explained the ordinance dealt with outdoor special events by 9 requiring a permit and permit fee and alerted the City that the event would occur. But, any 10 response would be reactionary if a problem occurred (noise, debris). He suggested that issuing a 11 permit does not mean there would be no violations. Chapter 611 only let the City know what 12 was going on and provided guidelines, which they needed to do anyway. 13 14 Mayor Flaherty stated the benefit is that the City will know ahead of time that an event is being 15 planned. He agreed the current Code was restrictive and cumbersome but he wanted something 16 in place to assure protection for the City’s residents. 17 18 Council Member Gunn asked if a permit is needed should a band practice in someone’s garage 19 and people come to listen. She felt Chapter 611 was too restrictive so she supports the motion to 20 delete that Chapter and allow the Code to address problems that may arise. 21 22 Council Member Hull asked if the City will oversee the event scheduled at Moe’s. Clerk-23 Administrator Ericson stated Chapter 611 will not change the City’s response to addressing 24 outdoor events. He noted the Council already controls events held on public property. 25 26 Council Member Mueller stated she had originally felt the ordinance was the right thing to do 27 since it spelled out the rules to assure compliance and not have an event that created a nuisance 28 for residents. However, implementing that ordinance caused problems at the staff level because 29 of the time it took to issue event permits. She stated staff time is immensely valuable but an 30 additional staff person would be needed to issue event permits, ensure compliance, and address 31 violations. Council Member Mueller stated she does not support Chapter 611. 32 33 Council Member Stigney stated the intent was to regulate outdoor events, noting some serve beer 34 and/or liquor. He suggested other cities have crafted such an ordinance because there were 35 problems with those events. Council Member Stigney stated he does not support deleting 36 Chapter 611 and thinks the permitting process, if crafted properly, will establish guidelines, a 37 permit fee, and protect the City. 38 39 Attorney Riggs stated the Council has the authority to advise staff to not enforce the ordinance 40 pending changes. He noted the proposed ordinance requires two readings. 41 42 Council Member Gunn felt it was not worth the effort to reword Chapter 611 and that a new 43 Chapter can be drafted to better suit the City’s needs. 44 45 Mounds View City Council May 26, 2009 Regular Meeting Page 4 Council Member Hull asked if there is enough language in the City’s current code to address 1 outdoor events. Clerk-Administrator Ericson stated staff believes the current Code has adequate 2 tools to address situations that could arise. 3 4 Council Member Mueller stated if a local business is going to have an event, notification of the 5 neighbors is not required. However, the community would be informed from the advertisement 6 of the event. She offered to contact several cities to learn about their regulations. 7 8 Council Member Stigney stated there is nothing in the ordinance language to prevent a business 9 from having an outdoor event every week. 10 11 Council Member Mueller noted a business recently requested a CUP to do outdoor business and 12 if the activity became habitual (every weekend); they would need a CUP, which would provide a 13 measure of control. 14 15 Mayor Flaherty noted some businesses are nestled into residential areas so he supports prior 16 notification. He agreed Chapter 611 is too restrictive as written but something is needed should a 17 nuisance occur from an outdoor event 18 19 AMENDMENT MOTION: Stigney/Flaherty. To hold Chapter 611 in abeyance and direct staff 20 to rewrite the ordinance language. 21 22 Ayes – 2 (Stigney, Flaherty) Nays – 3 Amendment motion failed. 23 24 Ayes – 3 Nays – 2 (Stigney, Flaherty) Motion carried. 25 26 C. Resolution 7451 Authorization to Hire a Replacement Police Officer to Fill a 27 Vacancy Created by a Retirement. 28 29 Police Chief Sommer presented staff’s request to hire a replacement police officer to fill the 30 opening created by the retirement of Officer Gerringer. He advised that the Police Civil Service 31 Commission has already certified an eligibility list and the recommendation would come before 32 the Council for final action. 33 34 Council Member Mueller asked if this officer just recently decided to retire. Police Chief 35 Sommer stated the retiring officer provided two weeks notice and left in good standing. 36 37 MOTION/SECOND: Gunn/Hull. To Waive the Reading and Adopt Resolution 7451, 38 Authorization to Hire a Police Officer. 39 40 Ayes – 5 Nays – 0 Motion carried. 41 42 D. Resolution 7452 Approving the Hire of Kirsten Lafean as Police Officer. 43 44 Mounds View City Council May 26, 2009 Regular Meeting Page 5 Police Chief Sommer presented staff’s request to hire Kirsten Lafean as Police Officer, Step One 1 rate of pay in accordance with the Law Enforcement Labor Services Contract, effective on June 2 1, 2009. He advised that Ms. Lafean has successfully completed all required testing and worked 3 part-time as a community service officer. 4 5 MOTION/SECOND: Mueller/Gunn. To Waive the Reading and Adopt Resolution 7452, 6 Appointing Kirsten Lafean to the Position of Police Officer. 7 8 Council Member Stigney asked about the salary requirements. Clerk-Administrator Ericson 9 stated the resolution will be revised to include that information. 10 11 Council Member Mueller and Council Member Gunn agreed to this friendly amendment. 12 13 Ayes – 5 Nays – 0 Motion carried. 14 15 E. First Reading and Introduction of Ordinance 822, an Ordinance Amending 16 Chapter 202 of the Mounds View City Code by Adding Section 202.20 17 Establishing a Process for the Collection of Costs Associated with Emergency 18 Services, Unpaid Service Charges and Fees, and Unpaid Administrative 19 Offense Penalties. 20 21 Clerk-Administrator Ericson presented the draft ordinance to addresses an amendment to the City 22 Charter related to administrative offenses and provide necessary procedures to charge fees. Staff 23 recommends approval. 24 25 Council Member Mueller thanked City staff and the Council for being proactive and stated she is 26 proud of what Mounds View has accomplished. Council Member Mueller asked when someone 27 has been charged for emergency services (Subdivision 2). Attorney Riggs stated the language is 28 consistent with State Statutes and allows the City full latitude to address things like repeat 29 nuisance alarms. 30 31 Mayor Flaherty noted the language states “may impose,” giving the Council that option. 32 Attorney Riggs confirmed that is the case and addresses the recent audit callout related to 33 emergency service fees and charges. 34 35 Council Member Stigney suggested the words “repeated” and “nuisance” be included in 36 Subdivision 2. Attorney Riggs advised that is addressed elsewhere and the language in 37 Subdivision 2 addresses the issue of collection of the penalty. 38 39 MOTION/SECOND: Mueller/Stigney. To Waive First Reading and Introduce Ordinance No. 40 822, an Ordinance Amending Title 200, Chapter 202, of the Mounds View City Code by Adding 41 Section 202.20 Establishing a Process for the Collection of Costs Associated with Emergency 42 Services, Unpaid Service Charges and Fees, and Unpaid Administrative Offense Penalties. 43 44 Ayes – 5 Nays – 0 Motion carried. 45 Mounds View City Council May 26, 2009 Regular Meeting Page 6 1 F. First Reading and Introduction of Ordinance 823, an Ordinance Amending 2 Chapter 702 of the Mounds View City Code by Amending Section 702.02 as 3 to the Process for the Collection of Fees, Penalties and Charges Associated 4 with Unpaid Administrative Offense Penalties. 5 6 Clerk-Administrator Ericson presented Ordinance 823 as a companion of Ordinance 822 to spell 7 out the process for a hearing and certification of unpaid fines. The language is consistent with 8 the Charter Commission recommendation. 9 10 Council Member Stigney read Subdivision 5b and asked who pays the neutral third party. Clerk-11 Administrator Ericson explained it would be paid by the property owner. Attorney Riggs advised 12 the City’s policy spells out that is the case. 13 14 MOTION/SECOND: Mueller/Gunn. To Waive First Reading and Introduce Ordinance No. 823, 15 an Ordinance Amending Title 700, Chapter 702, of the Mounds View City Code by Amending 16 Section 702.02 as to the Process for the Collection of Fees, Penalties and Charges Associated 17 with Unpaid Administrative Offense Penalties. 18 19 Mayor Flaherty read Subsection 7, request for a hearing, and asked if the seven days includes 20 week days or weekend days. Attorney Riggs verified it is seven calendar days. 21 22 Council Member Stigney asked about the number of days for receipt of the compliant. Attorney 23 Riggs explained the “mailbox rule” that starts the “clock” for issuance. Clerk-Administrator 24 Ericson advised if staff has any question about whether the property received adequate notice, an 25 appeal hearing will be allowed. 26 27 Ayes – 5 Nays – 0 Motion carried. 28 29 8. CONSENT AGENDA 30 A. Licenses for Approval. 31 32 MOTION/SECOND: Mueller/Hull. To Approve the Consent Agenda as Presented. 33 34 Ayes – 5 Nays – 0 Motion carried. 35 36 9. JUST AND CORRECT CLAIMS 37 38 Mayor Flaherty referenced Page 1, private property rebate. Finance Director Beer explained that 39 less work was needed for a utility connection so the property owner was rebated the overcharge. 40 41 Council Member Mueller referenced Page 4, Davis Lock and Safe. Finance Director Beer stated 42 it was for the Groveland Park building. Mayor Flaherty requested additional details since it is an 43 expense of $1,100. 44 45 Mounds View City Council May 26, 2009 Regular Meeting Page 7 Mayor Flaherty referenced Page 10, road salt. Finance Director Beer advised the City is required 1 by contract to purchase 80 percent by a certain date and the salt is in storage for use this coming 2 winter. 3 4 MOTION/SECOND: Mueller/Hull. To Approve the Just and Correct Claims as Presented. 5 6 Ayes – 5 Nays – 0 Motion carried. 7 8 10. APPROVAL OF MINUTES 9 A. April 27, 2009, City Council Meeting Minutes. 10 11 MOTION/SECOND: Mueller/Flaherty. To Approve the April 27, 2009, City Council Meeting 12 Minutes as Submitted. 13 14 Ayes – 5 Nays – 0 Motion carried. 15 16 B. May 11, 2009, City Council Meeting Minutes. 17 18 Council Member Mueller requested a correction on Page 3, Line 34, “…history of several years 19 with our City.” 20 21 MOTION/SECOND: Mueller/Stigney. To Approve the May 11, 2009, City Council Meeting 22 Minutes as Corrected. 23 24 Ayes – 5 Nays – 0 Motion carried. 25 26 11. REPORTS 27 A. Reports of Mayor and Council. 28 29 Council Member Mueller announced the need for volunteers, vendors, and sponsors for the 30 August 22, 2009, Festival in the Park. She also commented on the Ninth Annual Hanger Dance 31 held in Blaine with over 675 people in attendance. 32 33 Mayor Flaherty complimented the Police Chief and Staff on the recently held emergency 34 management meeting. 35 36 Mayor Flaherty referenced the e-mail from Public Works Director DeBar indicating the City 37 Forester has confirmed there are no cases of Emerald Ash Bore in Mounds View and advising of 38 how to prevent its spread. 39 40 Mayor Flaherty reported on the successful Spring Clean Up Day with 291 customers, a 40 41 percent increase, and announced the June 2, 2009, public informational meeting for Areas B and 42 C of the street utility program. 43 44 B. Reports of Staff. 45 Mounds View City Council May 26, 2009 Regular Meeting Page 8 1 Council Member Stigney questioned the status of Code violation Case CEO 9-21. Community 2 Development Director Roberts stated staff contacted the owner of the trailer and it is to be moved 3 within 7 to 10 days. Council Member Stigney asked for an update on when that will occur. 4 5 1. Police Department Quarterly Report. 6 7 Police Chief Sommer presented the first quarter report for 2009 and extended appreciation to the 8 three Police Officers who had participated in the 2009 Climb for the Benefit at the IDS Tower. 9 10 Council Member Mueller asked Police Chief Sommer to regularly send letters to business owners 11 that pass compliance tests for alcohol and tobacco sales, noting the business sometimes rewards 12 employees for their diligence in checking identifications. 13 14 Mayor Flaherty commented on the reduction in adult and juvenile arrests, calls for service, court 15 citations, and administrative offenses, which shows the successful work of the Police 16 Department. He relayed the resident comment about violations to the overnight parking 17 ordinance and asked the Police Chief to so inform officers 18 19 C. Reports of City Attorney. 20 21 City Attorney Riggs thanked staff for its assistance with drafting the ordinances considered 22 tonight. 23 24 Council Member Mueller asked staff to assure delinquent property taxes will be paid prior to 25 considering liquor license approvals. Clerk-Administrator Ericson stated his understanding that 26 one property remains delinquent. 27 28 12. Next Council Work Session: Monday, June 1, 2009, at 7:00 p.m. 29 Next Council Meeting: Monday, June 8, 2009, at 7:00 p.m. 30 31 13. ADJOURNMENT 32 33 The meeting was adjourned at 8:50 p.m. 34 35 Transcribed by: 36 37 Carla Wirth 38 TimeSaver Off Site Secretarial, Inc. 39 Item No. 10A Type of Business: Minutes Meeting Date: June 22, 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: Tuesday, May 26, 2009 City Council Meeting Minutes Staff has not received any corrections for the May 26, 2009 Council Minutes. Please review the attached Minutes and submit your corrections to me before the start of this City Council Meeting. Staff will make the corrections during the City Council Meeting, and have them ready for you before these Minutes are discussed for your approval. Respectfully Submitted, Desaree Crane 353326v1 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: June 18, 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. Research “equal opportunity employer” phrase for use on City stationary, the City website, etc. Consult with City staff regarding same. MU210-62: Police Civil Service Commission. Research open meeting laws concerning interview process utilized by the Police Civil Service Commission. Consult with City staff regarding same. 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. Review question regarding adjacent business park title issue. Consult with City staff regarding same. 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. Easements have been Mr. Jim Ericson June 18, 2009 Page 2 353326v1 SJR MU125-11 signed by Association and will be recorded with Ramsey County. Matter is presenting pending. MU210-75: Festival in the Park. Review the 2009 Festival in the Park Agreement. Consult with City staff. Matter is presently pending. MU210-107: General Telecommunications Matters. Review proposed ground lease for TTM Site. Consult with City staff regarding same. Matter is presently pending. MU210-161: 5117 Rainbow. Review recent correspondence concerning matter. Matter has been tendered to the League. Matter is presently pending. MU210-175: Select Senior Living: Research question regarding final plat expiration. 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. MU210-184: Greenfield Apartments. Review letter from Greenfield’s attorney re partial vacation of drainage easement and approval from the watershed district. Consult with City staff regarding same. Matter is presently pending. SJR:jms