HomeMy WebLinkAboutAgenda Packets - 2009/10/12
CITY OF MOUNDS VIEW
CITY COUNCIL MEETING AGENDA
MOUNDS VIEW CITY HALL
Monday, October 12, 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. Proclaim October 26-30, 2009 as Minnesota Manufacturers Week in Mounds View.
7. COUNCIL BUSINESS
A. 7:05 p.m. Public Hearing: Resolution 7506, To Consider Special Assessments for Delinquent
Utility Payments.
B. 7:10 p.m. Public Hearing: Resolution 7507, To Consider Special Assessments for Unpaid
Administrative Offense fines, Diseased Tree Charges, and Unpaid Property Abatement
Charges.
C. 7:15pm Public Hearing, Second Reading and Adoption of Ordinance 836, vacating a sanitary
sewer easement at 2200 County Highway 10. (ROLL CALL VOTE)
D. Resolution 7509, Approving an Agreement Renewal with Northwest Youth and Family
Services.
E. Resolution 7513, Approving a Revised Property Tax Payment Plan for Moe’s, located at 2400
Highway 10.
F. Resolution 7512, Authorizing Fencing Improvements to Ball Field Backstops at Silver View
Park, City Hall Park, Groveland Park, and Hillview Park.
8. CONSENT AGENDA
A. Licenses for Approval
B. Set a Public Hearing for Monday, November 23, 2009, at 7:05 p.m., to Approve the 2010
Mounds View Fee Schedule
C. Resolution 7511, Authorizing a One-Day Charitable Gambling Permit (Raffle) for the New
Brighton/Mounds View Rotary at The Mermaid on April 16, 2010.
D. Set a Public Hearing for Monday, October 26, 2009 at 7:05pm for the Introduction and First
Reading of Ordinance 837, Code Amendment about Voting Requirements for Zoning Code
Amendments.
E. Set a Public Hearing for Monday, October 26, 2009 at 7:10pm for the Introduction and First
Reading of Ordinance 838, Code Amendment to Chapter 1125.06 about Penalties.
F. Resolution 7508, Approval to Expend the Funds Awarded in the 2009 Justice Assistance
Recovery Grant
9. JUST AND CORRECT CLAIMS
10. APPROVAL OF MINUTES
A. September 14, 2009 City Council Minutes.
B. September 28, 2009 Executive Session Minutes.
11. REPORTS
A. Reports of Mayor and Council
B. Reports of Staff
C. Reports of City Attorney
12. Next Council Work Session: Monday, November 2, 2009, at 7 p.m.
Next Council Meeting: Monday, October 26, 2009, at 7 p.m.
CITY OF MOUNDS VIEW
CITY COUNCIL MEETING AGENDA
MOUNDS VIEW CITY HALL
Monday, October 12, 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. Proclaim October 26-30, 2009 as Minnesota Manufacturers Week in Mounds View.
7. COUNCIL BUSINESS
A. 7:05 p.m. Public Hearing: Resolution 7506, To Consider Special Assessments for Delinquent
Utility Payments.
B. 7:10 p.m. Public Hearing: Resolution 7507, To Consider Special Assessments for Unpaid
Administrative Offense fines, Diseased Tree Charges, and Unpaid Property Abatement
Charges.
C. 7:15pm Public Hearing, Second Reading and Adoption of Ordinance 836, vacating a sanitary
sewer easement at 2200 County Highway 10. (ROLL CALL VOTE)
D. Resolution 7509, Approving an Agreement Renewal with Northwest Youth and Family
Services.
E. Resolution 7513, Approving a Revised Property Tax Payment Plan for Moe’s, located at 2400
Highway 10.
F. Resolution 7512, Authorizing Fencing Improvements to Ball Field Backstops at Silver View
Park, City Hall Park, Groveland Park, and Hillview Park.
8. CONSENT AGENDA
A. Licenses for Approval
B. Set a Public Hearing for Monday, November 23, 2009, at 7:05 p.m., to Approve the 2010
Mounds View Fee Schedule
C. Resolution 7511, Authorizing a One-Day Charitable Gambling Permit (Raffle) for the New
Brighton/Mounds View Rotary at The Mermaid on April 16, 2010.
D. Set a Public Hearing for Monday, October 26, 2009 at 7:05pm for the Introduction and First
Reading of Ordinance 837, Code Amendment about Voting Requirements for Zoning Code
Amendments.
E. Set a Public Hearing for Monday, October 26, 2009 at 7:10pm for the Introduction and First
Reading of Ordinance 838, Code Amendment to Chapter 1125.06 about Penalties.
F. Resolution 7508, Approval to Expend the Funds Awarded in the 2009 Justice Assistance
Recovery Grant
City Council Agenda
Monday, October 12, 2009
Page 2
9. JUST AND CORRECT CLAIMS
10. APPROVAL OF MINUTES
A. September 14, 2009 City Council Minutes.
B. September 28, 2009 Executive Session Minutes.
11. REPORTS
A. Reports of Mayor and Council
B. Reports of Staff
C. Reports of City Attorney
12. Next Council Work Session: Monday, November 2, 2009, at 7 p.m.
Next Council Meeting: Monday, October 26, 2009, at 7 p.m.
Item No: 7C
Meeting Date: October 12, 2009
Type of Business: Public Hearing
Administrator Review: ______
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Heidi Heller, Planning Associate
Item Title/Subject: Public Hearing, Second Reading and Adoption of Ordinance
836, Approving the Vacation of a Sanitary Sewer Easement at
the Mermaid, 2200 County Highway 10 (ROLL CALL VOTE)
Introduction:
Dan Hall, owner of the Mermaid, has applied to the City for the vacation of a sanitary sewer
easement that the City took in 1966 for a proposed sewer line, but never used. Mr. Hall
recently sold the AmericInn motel, and the buyer’s attorney requested that Mr. Hall apply to
the City to vacate this easement as part of the sale agreement.
Discussion:
The public works staff has reviewed this request and determined that the City changed
where the sewer pipe was installed, and placed it on the other side of County Highway 10
instead.
To vacate an easement or other public interest in a parcel, the City must determine that the
easement no longer serves a public purpose. In this case, the City has never used this
easement in the 43 years that it has existed and the City has no plans to use the easement
in the near future. As such, there should be no negative impact with the vacation.
Recommendation:
Approve the second reading and adoption of Ordinance 836. Staff also recommends the
Council consent to the publication of a summary for each of the ordinances as authorized
by City Charter section 3.07.
Respectfully Submitted,
Heidi Heller
Planning Associate
Attachments:
1. Plat showing easement location
2. Ordinance 836
3. Ordinance 836 Summary
Mermaid Plat 8-21-09
Sewer easement runs
along Highway 10
ORDINANCE NO. 836
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE AUTHORIZING A VACATION OF A
SANITARY SEWER EASEMENT ON THE MERMAID PROPERTY,
LOCATED AT 2200 COUNTY HIGHWAY 10
WHEREAS, the City of Mounds View was granted a sanitary sewer easement in
1966 along the property associated with the Mermaid, 2200 County Highway 10; and,
WHEREAS, Dan Hall has submitted an application to vacate part of the sanitary sewer
easement on the following legally described parcel:
Mermaid 2nd Addition, Ramsey County, Minnesota
WHEREAS, the easement area to be vacated from the above property is legally
described as follows:
An easement for sanitary sewer described as a strip of land 20 feet wide, the centerline of
which is described as a line beginning at a point on the northeasterly corner of, and ending
at a point on the southeasterly line of, and 24.3 feet from said southeasterly corner of the
following described property:
Part of SE ¼ of SE ¼ and of E 211 18/100 feet of SW ¼ of SE ¼ SWly of Hwy 10 nwly of
extended cl of Co Rd H and S of a L par with and 247 35/100 ft N of a J, run W at RA with
E L of sd ¼ ¼ from pt of intersection of E L of sd ¼ ¼ with Wly L of hwy (subj to rd) in
Sec 8 3023 8
NOW THEREFORE,
THE CITY OF MOUNDS VIEW ORDAINS:
SECTION 1. The City of Mounds View Municipal Code Appendix D is hereby amended to
include reference to the following Special Ordinance No. 836.
Subd. 1. The City has made a determination that the sanitary sewer easement area
as described herein and illustrated on Exhibit A does not serve a public purpose, and as
such, it is in the public interest to vacate said easement area.
Subd. 2. The Mounds View City Council finds there is no public interest or purpose
served in keeping the easement area described and proposed to be vacated.
Subd. 3. That described part of the drainage and utility easement as shown on
Exhibit A is hereby vacated.
Ordinance 836
Page 2
SECTION 2. This ordinance takes effect thirty (30) days after its publication in accordance
with Section 3.09 of the City Charter.
FIRST READING AND INTRODUCTION by the City Council of the City of Mounds View
this 28th day of September, 2009.
PUBLIC HEARING, SECOND READING AND ADOPTION by the City Council of the City of
Mounds View will be done on this 12th day of October, 2009.
PUBLICATION DATE: October 22nd, 2008.
Joe Flaherty, Mayor
ATTEST:
__________________________________
James Ericson, Clerk-Administrator
(SEAL)
EXHIBIT A – Original Easement Document #1671960
ORDINANCE SUMMARY
ORDINANCE NO. 836
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE AUTHORIZING A VACATION OF A SANITARY SEWER
EASEMENT AT 2200 HIGHWAY 10
On October 12, 2009, the Mounds View City Council adopted an ordinance authorizing the
vacation of a sanitary sewer easement at 2200 Highway 10.
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
Item No: 07E
Meeting Date: September 28, 2009
Type of Business: Reports
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 7513, Approving a Revised Property Tax
Payment Plan for Moe’s, located at 2400 Highway 10.
Background:
Ramsey County property records continue to indicate that Moe’s property taxes are
delinquent. At the June 8, 2009, City Council Meeting, the owner of Moe’s (Jeff
Moritko), submitted a payment plan to the City. The payment plan stated that Mr.
Moritko would “ear mark” $1,500 per week to property taxes, and would be paid in full
(including 1st half of 2009) by October 1, 2009. Moe’s liquor license was approved at
the June 8, 2009, City Council Meeting contingent on becoming current on property
taxes by October 1, 2009.
Discussion:
Staff contacted Ramsey County Property Records Division on Thursday, October 8,
2009. Ramsey County indicated that Moe’s continues to owe property taxes, and are
delinquent in the amount of $70,322.90 (this amount includes the second half of 2009
taxes, which are due on October 15, 2009).
Staff sent a letter to Mr. Moritko reminding him of his payment agreement with the City
Council. In this letter, Staff stated that if property taxes are not paid in full by the
October 1, 2009, deadline, then the City Council may consider options to include
suspension or revocation of his liquor license. At the September 28, 2009, City Council
Meeting, Jeff Moritko submitted a letter to the City Council, which outlined a revised pay
plan (attached).
On September 28, 2009, it was the consensus of the City Council to invite Jeff Moritko
to this City Council Meeting, and discuss the possibility of approving his revised pay
plan. Mr. Moritko is intending on appearing before the City Council to discuss his
revised plan. Staff has drafted Resolution 7513, which would approve Mr. Moritko’s
payment plan, if the Council wishes to approve the revised payment plan. It was also
the consensus of the City Council to discuss a firm property tax payment deadline. This
has been added as a blank line on the resolution.
Moe’s Revised Property Tax Payment Plan
October 12, 2009
Page 2
If the City Council wishes to deny Mr. Moritko’s revised payment plan, then the City
Council does have the option to start the suspension/revocation of the liquor license.
Recommendation:
Staff recommends discussing the revised payment plan with Jeff Moritko. Attached is
Resolution 7513, approving the new payment plan, if the City Council wishes to
approve, with the option of a firm deadline.
Respectfully submitted,
_________________________
Desaree Crane
RESOLUTION NO. 7513
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
APPROVING A REVISED PROPERTY TAX PAYMENT PLAN FOR MOE’S
LOCATED AT 2400 HIGHWAY 10
WHEREAS, on the June 8, 2009, City Council Meeting, the owner of Moe’s (Jeff
Moritko), submitted a payment plan to the City for delinquent property taxes; and
WHEREAS, the payment plan submitted on June 8, 2009, stated that Mr. Moritko
would “ear mark” $1,500 per week to property taxes, and would be paid in full (including
1st half of 2009) by October 1, 2009; and
WHEREAS, Moe’s liquor license was approved at the June 8, 2009, City Council
Meeting contingent on becoming current on property taxes by October 1, 2009; and
WHEREAS, on the September 28, 2009, City Council Meeting, Jeff Moritko
submitted a revised property tax payment plan for Moe’s; and
WHEREAS, as of October 8, 2009, Ramsey County records indicate that Moe’s
continues to be property tax delinquent; and
WHEREAS, it is the consensus of the City Council to approve Moe’s attached
revised payment plan, contingent on becoming current on delinquent property taxes by
___________________.; and
WHEREAS, if full payment is not made by the deadline, then nonpayment may
be grounds for Suspension or Revocation of Moe’s liquor license under §502.16 of the
Mounds View City Code.
NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council
does hereby approve the attached revised payment plan for Moe’s, with property taxes
paid in full by ___________________.
Adopted this 12th day of October, 2009.
_______________________________
Joe Flaherty, Mayor
ATTEST: _______________________________
James Ericson, Clerk-Administrator
(seal)
Item No: 7F
Meeting Date: October 12, 2009
Type of Business: Council Business
Administrator Review: ____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Nick DeBar, Public Works Director / Steve Dazenski, Parks Supervisor
Item Title/Subject: Resolution 7512 Authorizing Fencing Improvements to Ball Field
Backstops at Silver View Park, City Hall Park, Groveland Park, and
Hillview Park.
Background/Discussion:
Several years ago, City staff evaluated backstop fencing at all City-owned ball fields as
requested by the Parks, Recreation, and Forestry Commission to be incorporated into the Park
Improvement Program (PIP). The evaluation included current condition and safety issues
associated with the ball fields. The evaluation determined that much of the existing backstop
fencing was showing significant wear and tear due to long term use and baseball/softball
impacts resulting in a “bowed” disfiguration of the fencing fabric.
In addition to the worn fencing, some ball fields lack adequate safety protection from foul balls.
Groveland, Hillview, and Lambert Parks do not have angled hoods behind the home plate, and
Silver View and Lambert Parks lack adequate protection on the side for the player’s boxes and
spectators. This results in a higher likelihood of players, spectators, and vehicles being struck
by foul balls during games.
City staff and Commission members toured the ball fields and inspected fencing during their
May 2009 meeting. In addition, proposed improvements were also discussed during the
following June, July, and August meetings. The Commission recommended (7-0 vote) the
following proposed improvements at their August 2009 meeting:
• Replace existing 9-gauge chain-link fencing fabric with heavier 6-gauge fabric on backstops
at Groveland, Hillview, Silver View, and City Hall (adult field only) Parks.
• Install/add an additional horizontal middle rail post to backstops at Groveland, Hillview,
Silver View, and City Hall (adult field only) Parks to deter indentations from ball impacts.
• Replace existing 11-gauge chain-link fencing fabric with heavier 9-gauge fabric on backstop
“hoods” at Silver View and City Hall (adult field only) Parks.
• Install/add a 6-foot angled “hood” (9-guage) to backstops at Groveland and Hillview Parks.
• Install/add 8-foot high chain-link fencing (6-guage) from backstop to player’s bench with a 2-
foot opening for players entrance/exit to home plate area at Silver View Park.
• Replace existing chain-link fence fabric along first base line and straighten a line post at
Groveland Park.
Backstop fencing improvements for Lambert Park were also proposed, however, these
improvements are recommended to be performed when the Lambert Park building is
constructed to avoid any potential conflicts that might exist with the building layout.
City staff solicited and received price quotes from three fencing contractors for the proposed
improvements. The lowest price quote received was from Century Fence Company of Forest
Lake, Minnesota in the amount of $19,648 for the above improvements. There may be some
additional miscellaneous work required for the proposed improvements, therefore, City staff
recommends that amount be slightly increased to $20,630 (5% contingency) on a “not to
Resolution 7501 Adopting Non-Standard Street Design Configuration for Edgewood Drive
September 28, 2009
Page 2
exceed” basis for this reason. These fencing improvements were included in the 2009 Adopted
City Budget under the Park Dedication Fund (251-4470-7050). The Commission recommends
funding the proposed fencing improvements from this account. Fencing improvements are
anticipated to be performed this fall (weather permitting) to lessen interference with next year’s
ball field useage. If weather does not permit improvements this fall, then work will be performed
early next spring.
Recommendation:
City staff recommends that the City Council adopt Resolution 7512 which will allow fencing
improvements to be performed to backstops at Silver View Park, City Hall Park (adult field only),
Groveland Park, and Hillview Park. These fencing improvements will provide much needed
updates to the existing backstops and provide better protection to players, spectators, and
vehicles from foul balls.
Respectfully submitted,
Nick DeBar
Public Works Director
Attachments:
Resolution 7512
RESOLUTION 7512
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AUTHORIZING FENCING IMPROVEMENTS TO BALL FIELD BACKSTOPS AT
SILVER VIEW PARK, CITY HALL PARK, GROVELAND PARK, AND HILLVIEW PARK
WHEREAS, backstop fencing fabric on various ball fields in City parks have aged
and deteriorated due to heavy use over time and are in need of replacement; and
WHEREAS, some ball fields backstops have inadequate protection for players,
spectators, and vehicles from foul balls; and
WHEREAS, City staff has evaluated and proposed fencing improvements to ball
fields backstops at Silver View, City Hall, Groveland, and Hillview Parks; and
WHEREAS, City staff have obtained price quotes from three contractors for
proposed fencing improvements to ball field backstops, with the low price quote
submitted by Century Fence Company of Forest Lake, Minnesota; and
WHEREAS, the Parks, Recreation, and Forestry Commission recommends the
proposed fencing improvements as determined by City staff; and
WHEREAS, monies have been budgeted for fencing improvements to ball field
backstops in the adopted 2009 Budget under the Parks Dedication Fund.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Mounds View, Ramsey County, Minnesota as follows:
1. Backstop fencing improvements will include the following:
• Replace existing 9-gauge chain-link fencing fabric with heavier 6-gauge
fabric on backstops at Groveland, Hillview, Silver View, and City Hall
(adult field only) Parks.
• Install/add an additional horizontal middle rail post to backstops at
Groveland, Hillview, Silver View, and City Hall (adult field only) Parks to
deter indentations from ball impacts.
• Replace existing 11-gauge chain-link fencing fabric with heavier 9-gauge
fabric on backstop “hoods” at Silver View and City Hall (adult field only)
Parks.
• Install/add a 6-foot angled “hood” (9-guage) to backstops at Groveland
and Hillview Parks.
• Install/add 8-foot high chain-link fencing (6-guage) from backstop to
player’s bench with a 2-foot opening for players entrance/exit to home
plate area at Silver View Park.
• Replace existing chain-link fence fabric along first base line and straighten
a line post at Groveland Park.
2. The City will accept the price quote for backstop fencing improvements from
Century Fence Company of Forest Lake, Minnesota and enter into an
agreement for construction contract in the amount of $19,648 with Century
Fence Company for the above improvements.
3. A budget amount not to exceed $20,630 is hereby approved for backstop
fencing improvements with funding from the Park Dedication Fund.
Adopted this 12th day of October, 2009.
____________________________________
Joe Flaherty, Mayor
ATTEST:
____________________________________
James Ericson, Clerk-Administrator
(SEAL)
Item No: 08A
Meeting Date: September 28, 2009
Type of Business: CA
Administrator Review : ____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Barb Benesch, Community Development Technician
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.
These companies are “new”, which 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 type
of license they are applying for follows the company name.
Heating & CoolingTwo, Inc. HVAC New
Marsh Heating and Air Conditioning HVAC New
Olson’s Sewer Service, Inc. Sewer/Water/Excavating New
Sign Images, Inc. Sign Installation New
Recommendation: Approve license applications as requested.
Item No: 08C
Meeting Date: October 12, 2009
Type of Business: CA
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 7511, Authorizing a One-Day Charitable
Gambling Permit (Raffle) for the New Brighton/Mounds View
Rotary at The Mermaid on April 16, 2010.
The New Brighton/Mounds View Rotary, a non-profit charitable organization, would like to
hold a Raffle on April 16, 2010, at The Mermaid.
The New Brighton/Mounds View Rotary meets the requirements of the Mounds View City
Code. According to past practice, the City Council has requested that all charitable
gambling permits be presented to the City Council, and approved by resolution.
Recommendation:
Staff recommends approval of this charitable gambling permit for the New
Brighton/Mounds View Rotary at the location and date stated above.
Respectfully Submitted,
__________________________
Desaree Crane
RESOLUTION NO. 7511
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
APPROVING A PERMIT APPLICATION FOR THE NEW BRIGHTON/MOUNDS VIEW
ROTARY, A CHARITABLE ORGANIZATION TO CONDUCT CHARITABLE
GAMBLING (RAFFLE) ON APRIL 16, 2010 AT THE MERMAID
WHEREAS, the New Brighton/Mounds View Rotary has requested that the City
Council allow them to conduct charitable gambling (raffle) at The Mermaid on April 16,
2010; and
WHEREAS, the New Brighton/Mounds View Rotary is in compliance with all
requirements of the Mounds View Municipal Code with regard to charitable gambling
regulations; and
WHEREAS, the New Brighton/Mounds View Rotary has requested a one-day
charitable gambling permit.
NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does
hereby authorize New Brighton/Mounds View Rotary, to conduct charitable gambling at
The Mermaid, located at 2200 County Road 10 in Mounds View, on April 16, 2010.
Adopted this 12th day of October, 2009.
_______________________________
Joe Flaherty, Mayor
ATTEST:
_______________________________
James Ericson, Clerk-Administrator
(seal)
Corrections made by Councilmember Mueller, Clerk -Administr ator Ericson, Assistant City Clerk -Administrator Crane, and Community Development Director Roberts
PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1
CITY OF MOUNDS VIEW 2
RAMSEY COUNTY, MINNESOTA 3
4
Regular Meeting 5
September 14, 2009 6
Mounds View City Hall 7
2401 Highway 10, Mounds View, MN 55112 8
7:02 P.M. 9
10
11
1. MEETING IS CALLED TO ORDER 12
13
2. PLEDGE OF ALLEGIANCE 14
15
3. ROLL CALL: Flaherty, Stigney, Hull, Mueller, Gunn. 16
17
NOT PRESENT: None. 18
19
4. APPROVAL OF AGENDA 20
A. Monday, September 14, 2009, City Council Agenda. 21
22
MOTION/SECOND: Mueller/Hull. To approve the Monday, September 14, 2009, agenda as 23
revised to table Item 7E, Resolution 7496, Approving Position Description and Authorizing the 24
Advertisement for an Engineering/GIS Intern, until staff can provide additional details. 25
26
Ayes – 5 Nays – 0 Motion carried. 27
28
5. PUBLIC INPUT 29
30
None. 31
32
6. SPECIAL ORDER OF BUSINESS 33
A. Proclamation – The American Legion Day – September 16, 2009. 34
35
Mayor Flaherty read in full a proclamation declaring September 16, 2009, as American Legion 36
Day in the City of Mounds View. 37
38
B. Proclamation – Constitution Week – September 17-23, 2009. 39
40
Mayor Flaherty read in full a proclamation declaring September 17-23, 2009, as Constitution 41
Week in the City of Mounds View. 42
43
Ann Esling, Daughters of the American Revolution, thanked the Council for its public service 44
and support of the Constitution and advised of qualifications to join their organization. 45
Mounds View City Council September 14, 2009
Regular Meeting Page 2
1
7. COUNCIL BUSINESS 2
A. Resolution 7494, Authorizing Certification of the Proposed General Fund 3
Budget and Property Tax Levy for Fiscal Year 2010. 4
5
Finance Director Beer reviewed the impact of unallotted LGA and the State levy cap. In 6
addition, the City’s Charter cap formula allows for a 1% levy increase. Finance Director Beer 7
presented the totals for the general fund levy and special levies, resulting in an increase of 8
$337,994 or 8.9% over 2009. He explained that State law requires the City to certify a proposed 9
2010 General Fund Budget and proposed 2010 property tax levy to Ramsey County by 10
September 15, 2009. Once set by the City Council, it can be lowered but not increased. Finance 11
Director Beer reviewed a sample impact of estimated taxes for a median home value in Mounds 12
View, noting an increase of $124. 13
14
William Werner, 2765 Sherwood Road, suggested the tax reduction fund be used to reduce taxes. 15
Finance Director Beer stated that fund contains $6.5 million and the Council has directed to 16
transfer and use $250,000 from the tax reduction fund. 17
18
Naja Werner, 2765 Sherwood Road, suggested expenses be cut, possibly including reduced staff 19
or frozen salaries. She felt there would be a long-term impact and expressed concern about the 20
City’s high number of home foreclosures. 21
22
Finance Director Beer presented three scenarios for use of the tax levy reduction fund, noting the 23
dates by which the fund would be depleted depending on the extent of the levy increase 24
approved. 25
26
Mr. Werner asked what the increase would be today without the levy reduction fund. Finance 27
Director Beer stated $250,000 would have to be added to the live. 28
29
Brian Amundsen, 3048 Wooddale Drive, referenced the 2010 budget summary and asked if the 30
total revenue increase was $470,000 in 2009. Finance Director Beer stated the grand total of 31
LGA was $642,000. Mr. Amundsen stated that in 2008 the actual was $5.6 million spent and in 32
2009 it goes to $6.1 million, or an increase of about 10%. Finance Director Beer noted that in 33
2008, LGA of $148,000 was unalloted by the State. Clerk-Administrator Ericson advised that a 34
10% increase was not anticipated because of the unallotment by the State. 35
36
Mr. Amundsen stated he felt it was appropriate that the 2010 projected budget was back to the 37
2008 level. He stated that in 2008, he had suggested the LGA money be put aside as “rainy day 38
money” and not be used. However, the City used the funds and now the State has unalloted those 39
funds. Mr. Amundsen noted that all are seeing decreases in family income and salaries yet the 40
government is having more needs and wanting more tax dollars. He suggested that the economic 41
dilemma would continue, possibly for several years. He felt it was appropriate now to use the 42
levy reduction fund, possibly heavily for the next two to three years. He urged the Council to 43
keep expenses in check with the assumption there will be no additional revenues for several 44
years. 45
Mounds View City Council September 14, 2009
Regular Meeting Page 3
1
Mayor Flaherty stated the Council reduced expenditures by 6.71% and they are considering what 2
will be done to maintain services when the levy reduction fund is depleted in 2018. He noted 3
that the level of services provided by the City to its citizens impacts the quality of life. 4
5
Clerk-Administrator Ericson noted the proposed budget is almost 8% less than the 2008 budget 6
and without using the levy reduction fund there would be a tax increase. He noted all 7
communities are facing this issue, but government spending is not continuing to increase in 8
Mounds View, and staff will continue to look for those reductions. 9
10
Mr. Amundsen stated he appreciates the impact of a lower net tax base and believes property 11
values will be lower, resulting in fewer taxes being received so staff cuts may needed or wages 12
frozen. He suggested addressing what will happen in the next two to three years with regard to 13
expected revenue and urged the use of the levy reduction fund instead of increasing the levy. 14
15
Mayor Flaherty explained that once certified, the levy amount could be lowered but not 16
increased. He stated this issue would be discussed from now until the December Truth in 17
Taxation meeting. Finance Director Beer stated that a 1% increase in the levy would generate 18
$11 increase in property taxes on a median home and the lower tax capacity equals $39. He 19
explained that having no levy increases for the past five years has compounded the problem and 20
resulted in the City falling behind. 21
22
Council Member Hull asked how much principle would be used from the levy reduction fund. 23
Finance Director Beer estimated $40,000 to $50,000 depending on the rate of interest. Clerk-24
Administrator Ericson stated when the TIF Districts retire it will bring back a significant portion 25
of tax base into the base levy. Unfortunately, the City remains limited in how much they may 26
increase the levy because of the Charter cap and possibly a State levy cap. 27
28
Mr. Amundsen stated the Charter levy cap language is CPI plus 2.5% so the Council has a 2.5% 29
opportunity to catch up. It was pointed out that the correct cap language if 2% plus CPI, or 5%, 30
whichever is less. Finance Director Beer restated that CPI was a negative 1% so the maximum 31
under the levy cap would be less than 2.5%. 32
33
MOTION/SECOND: Mueller/Hull. To Waive the Reading and Adopt Resolution 7494, 34
Authorizing Certification of the Proposed General Fund Budget and Property Tax Levy for Fiscal 35
Year 2010. 36
37
AMENDMENT MOTION/SECOND: Stigney/Hull. To amend Resolution 7494 to remove the 38
1% levy increase from the general fund. 39
40
Council Member Stigney thanked Mr. and Mrs. Werner and Mr. Amundsen for their comments. 41
He stated the City used to subsidize the golf course and the sale of that property has provided 42
money for the levy reduction fund. He stated that it is not known what the market values will be, 43
whether LGA will be unallotted, and the Council does not have a “crystal ball,” but has a fixed 44
amount of money to subsidize City operations. Council Member Stigney suggested using that 45
Mounds View City Council September 14, 2009
Regular Meeting Page 4
fund for its created purpose instead of getting more from the taxpayer. He noted the branding 1
project, which he did not support, cost $23,500 and is yet to be implemented and he believed it 2
was also a mistake to reduce the franchise fee. 3
4
Council Member Hull stated that the economy might be worse next year so if some funds are 5
taken now, the fund will be depleted sooner, leaving a “hole” in the budget. He agreed with 6
Mayor Flaherty that it would be best to use a little at a time. 7
8
Council Member Stigney stated the projections are unknown and next year the LGA may come 9
back. He noted that for now, the City has funds to offset a levy increase and when no funds are 10
available, then it can be addressed with the residents. 11
12
Council Member Hull explained that because of the number of unknowns, he wants to be even 13
more conservative in using the levy reduction fund. 14
15
Council Member Stigney stated no matter how it is spent, the fund would be exhausted 16
eventually. He stated staff and the Council have to examine expenditures each year but this year 17
the City has funds available. 18
19
Mayor Flaherty reviewed that when the levy reduction fund was first formed, it was the 20
prevailing opinion the fund had to be retained until 2032 when the Medtronic TIF district 21
expires. 22
23
Council Member Gunn reminded all that this action will set the maximum levy increase and the 24
Council has until December to decide whether to drop the percentage. 25
26
Council Member Mueller stated she does not support the amendment, noting that for the last four 27
to five years there has been a zero percent levy increase by using the levy reduction fund, which 28
was prudent because the principal was not used. This would be the first year that in spite of 29
reducing the levy back to 2008 numbers, utilizing funds those funds will dip into the principle. 30
She felt that a 1% increase was a small price to pay to retain services enjoyed in the community. 31
32
Aye – 1 (Stigney) Nays – 4 Amendment failed. 33
34
Council Member Stigney stated nothing was “cast in stone” to spend only the accrued interest 35
and not principal. He noted the CPI resulted in lowering the increase to 1%; otherwise, the levy 36
increase would have been over 2%. 37
38
Ayes – 4 Nay – 1 (Stigney) Motion carried. 39
40
Mrs. Werner suggested the Council is establishing a precedence to increase the levy each year. 41
She complimented the City, staff, and contractors on the beautiful street project. 42
43
B. Resolution 7495, a Resolution Establishing Public Hearing Dates for the 44
Proposed General Fund Budget and Property Tax Levy for Fiscal Year 2010. 45
Mounds View City Council September 14, 2009
Regular Meeting Page 5
1
Finance Director Beer reviewed the staff report and recommended the Truth in Taxation public 2
hearing be held on Monday, December 7, 2009, and the continuation public hearing held on 3
Monday, December 14, 2009 as part of the regular Council meeting. 4
5
MOTION/SECOND: Gunn/Mueller. To Waive the Reading and Adopt Resolution 7495, 6
Establishing Public Hearing Dates for the Proposed General Fund Budget and Property Tax Levy 7
for Fiscal Year 2010. 8
9
Ayes – 5 Nays – 0 Motion carried. 10
11
C. First Reading and Introduction of Ordinance 828, Amending the Zoning 12
Code about Accessory Buildings. 13
14
Planning Associate Heller presented the draft ordinance to amend the Zoning Code with regard to 15
the definition of building height and various code provisions about accessory buildings. 16
17
Council Member Stigney noted language is not included to prevent tee-pee, chalet or quonset-18
style rooflines. Mayor Flaherty asked staff to look into this matter before the second reading. 19
20
Council Member Mueller stated she checked with the manufactured housing management offices 21
and learned they have regulations to limit accessory buildings to be less than 250 square feet. 22
23
MOTION/SECOND: Gunn/Hull. To Waive the First Reading and Introduce Ordinance 828, 24
Amending Chapter 1102, 1104 and 1106 of the Mounds View Zoning Code about the definition 25
of building height and about various Code provisions about accessory buildings including height, 26
required accessory building separation distance, materials and exterior design. 27
28
Ayes – 5 Nays – 0 Motion carried. 29
30
D. First Reading and Introduction of Ordinance 832, Amending the Zoning 31
Code by Adding Daycares as an Allowed Accessory Use in Public and Semi-32
Public Buildings. 33
34
Planning Associate Heller presented staff’s recommendation to amend the Zoning Code to allow 35
child and adult daycare centers as an accessory or secondary use in R-1 zoning districts. 36
37
Council Member Mueller asked if “day care center” is solely for children. Planning Associate 38
Heller stated a new definition has been added and it would apply to adult day care. 39
40
MOTION/SECOND: Mueller/Stigney. To Waive the First Reading and Introduce Ordinance 41
832, Amending Chapter 1102 and 1106 of the Mounds View Zoning Code to allow child and 42
adult daycare centers as an accessory or secondary use in R-1 Zoning Districts in public or semi-43
public recreational buildings and neighborhood or community centers, public and private 44
educational institutions limited to elementary, junior high and senior high schools and religious 45
Mounds View City Council September 14, 2009
Regular Meeting Page 6
institutions, such as churches, temples and synagogues. 1
2
Ayes – 5 Nays – 0 Motion carried. 3
4
E. Resolution 7496, Approving Position Description and Authorizing the 5
Advertisement for an Engineering/GIS Intern. 6
7
This item was removed upon adoption of the agenda. 8
9
F. Second Reading and Consideration of Ordinance 821, an Ordinance 10
Implementing a Business Registration Program. 11
12
Community Development Director Roberts stated Ordinance 821 would start a business 13
registration program. This was discussed at the last Work Session meeting and support was 14
indicated to register businesses and purchase data management software to increase efficiency. 15
16
George Winiecki, 2704 Northeast County Road 10, stated that Chamber President Tim Roche 17
was unable to attend and had asked him to speak on behalf of the Chamber as well. He stated 18
they are fully against the proposed Business Registration Program. He stated his appreciation for 19
the Council’s efforts to keep costs down and that he is concerned with the State’s budget 20
shortfalls in 2010, 2011, and 2012, making it vital to keep expenditures down. 21
22
Brian Amundsen, 3048 Wooddale Drive, stated this program is duplicative, not needed, and 23
questioned the City’s need for three databases. 24
25
MOTION/SECOND: Stigney/Gunn (for discussion). To Waive Second Reading and Adopt 26
Ordinance 821, Amending Title 500 (Business Licensing Regulations) and authorizing 27
publication in the Sun Focus by summary. 28
29
Council Member Stigney stated everyone has said this information is necessary for the City to 30
have and that it should be included in one database to increase staff efficiencies. 31
32
Council Member Mueller stated she understands the cost savings of having a combined database, 33
but does not favor the business registration program as proposed. 34
35
Council Member Gunn stated she supports having the software to improve gathering information 36
into a database but not the registration program. She suggested that information be gathered 37
during fire inspections instead of charging a fee for registration. 38
39
Mayor Flaherty stated he thought the fire inspection report could be more thorough to gather this 40
data. He stated the Council also could consider whether software is needed to combine the 41
databases. Mayor Flaherty stated he does not support a registration program. 42
43
Council Member Stigney asked whether staff’s recommendation is skewed. Community 44
Development Director Roberts stated staff’s original recommendation was supportive of the 45
Mounds View City Council September 14, 2009
Regular Meeting Page 7
registration program but, at this point, staff needs additional direction. He noted the purchase of 1
the software, costing about $2,000, is in the 2010 budget. Council Member Stigney stated he 2
supports the program and if a Council Member does not support it, they can offer an amendment. 3
4
Aye – 1 (Stigney) Nays – 4 Motion failed. 5
6
MOTION/SECOND: Flaherty/Mueller. To Deny Second Reading of Ordinance 821, Amending 7
Title 500 (Business Licensing Regulations). 8
9
Council Member Stigney asked if the objection is the software program or method of gathering 10
data. Mayor Flaherty stated it is an objection to the method of gathering data. Council Member 11
Stigney stated this software package would gather the information. 12
13
Council Member Mueller stated the City requires certain businesses to register when getting 14
permits while others do not; however, the Fire Marshall inspects them every three to four years. 15
She believed a registration program for all City businesses would be time consuming for staff, 16
expensive to maintain, and not needed because it is redundant. 17
18
Ayes – 4 Nay – 1 (Stigney) Motion carried. 19
20
G. First Reading and Introduction of Ordinance 835, Amending Title 500 of the 21
City Code Relating to Lawful Charitable Gambling. 22
23
Clerk-Administrator Ericson presented staff’s recommendation for second reading and adoption 24
of Ordinance 835, which would amend Title 500 relating to lawful charitable gambling 25
requirements. He asked to what extent the Council wants to review exempt charitable gambling 26
licenses. The ordinance as drafted indicates that Council action is required for all premises 27
permits for charitable gambling licenses. He stated a new provision is also included to require 28
licensed organizations to pay 10% of its net charitable proceeds into a City fund. 29
30
Mark Casci, President of Lake Region Hockey Association, advised that due to the economy and 31
extreme State taxation, their Association has not raised many funds. He reviewed the level of 32
funding they had provided to youth hockey programs, scholarships, and registration hardship 33
cases, which has been greatly reduced. He stated they previously had two pull-tab sites with over 34
$6 million in gross receipts but now have four sites, less than $3 million in gross receipts, and 35
distributed less than $40,000 last year, and they are fully staffed by volunteers. He stated that last 36
year, the 10% fund for the City would have received $629 dollars from their operation. 37
38
Brian Amundsen, 3048 Wooddale Drive, noted that by the City Charter, the Council is the 39
administrator of the City, delegating to the Clerk-Administrator, and should be aware of activities 40
within the City. Clerk-Administrator Ericson explained that based on past action, the Council 41
has asked staff to bring forward all local permits not approved by the State of Minnesota. With 42
this Code amendment, the direction would become an explicit requirement. 43
44
Mary Ann Casci, Gambling Manager for Lake Region Hockey Association, explained the State 45
Mounds View City Council September 14, 2009
Regular Meeting Page 8
tax is lower the first few months of the license year so the net profit is higher. However, as net 1
proceeds increase there is a much higher combined receipts tax so they usually have a loss during 2
the last four months of their license year. She asked the Council to consider a credit for the 3
months they post a loss, as done by the City of St. Paul. 4
5
Council Member Mueller noted the payment is being made once annually so she assumed 6
profitable and loss months would be offset. She asked whether the annual $100 fee covers staff 7
costs for the inspection and background check. Assistant City Clerk-Administrator Crane stated 8
it depends on whether the background investigation takes place in Minnesota or out-of-state. 9
Council Member Mueller asked whether activities like a quilt auction or bingo, and youth 10
organizations will need such a permit. Assistant City Clerk-Administrator Crane answered in the 11
affirmative, noting it is a yearly application process. 12
13
Clerk-Administrator Ericson asked for direction on the local permits (exempted by State Statute) 14
being approved by the City Council and the 10% fund. He advised that sometimes scheduling a 15
local permit (i.e., quilt auction) for Council consideration caused a time constraint. 16
17
Council Member Stigney questioned whether a local investigation is needed. Assistant City 18
Clerk-Administrator Crane stated it may not be needed but investigations are conducted and the 19
fee covers that cost. Council Member Stigney questioned what other cities do with regard to 20
investigation of local permits. 21
22
Council Member Mueller asked if there is a dollar threshold in the City Code that would preclude 23
the need for a local permit. Assistant City Clerk-Administrator Crane stated for raffles it is a 24
$50,000 top prize and the other threshold is $1,500. Clerk-Administrator Ericson stated the 25
Council could adopt a dollar threshold for raffles under which a local permit is not required. Or, 26
all local permit approvals could be eliminated and only require a registration so the Council is 27
informed of the event. 28
29
Mayor Flaherty stated he does not want to require a $100 permit for local churches to raffle a 30
quilt as a fundraiser. He stated he does not think it is unreasonable to establish a 10% fund to do 31
business in Mounds View but, perhaps, 5% is more palatable. 32
33
Clerk-Administrator Ericson suggested staff conduct additional research to obtain answers for 34
Council’s questions. 35
36
MOTION/SECOND: Stigney/Mueller. To Postpone Consideration of Ordinance 835, 37
Amending Title 500 of the Mounds View City Code by Creating a new Chapter 518 regulating 38
Lawful Gambling and amending Title 500, Section 502.13 and 503.09, to be consistent with the 39
new Chapter 518 for further staff research and discussion at the October Work Session. 40
41
Ayes – 5 Nays – 0 Motion carried. 42
43
H. First Reading and Introduction of Ordinance 834, Amending Chapter 504 of 44
the City Code about Transient Merchants, Peddlers and Solicitors. 45
Mounds View City Council September 14, 2009
Regular Meeting Page 9
1
Clerk-Administrator Ericson presented staff’s recommendation for first reading and introduction 2
of Ordinance 834, which would correct deficiencies and make revisions to be consistent with 3
Minnesota Statutes and recent rulings about Constitutional first amendment issues. He noted the 4
revised ordinance provides clear direction to define the process and advised that Ramsey County 5
had suggested several language revisions, which will be made. 6
7
Brian Amundsen, 3048 Wooddale Drive, asked whether this ordinance would apply to those who 8
circulate a petition for signature. Clerk-Administrator Ericson stated they are explicitly 9
exempted. Mr. Amundsen asked if school boosters, high school marching band, Cub Scouts, and 10
food drive solicitations are also exempted. Clerk-Administrator Ericson stated people have the 11
first amendment right to ask for donations to support a cause that is not considered a commercial 12
operation. Staff is clarifying questions raised about the need for organizations like the Boy 13
Scouts and Girl Scouts to obtain a permit. 14
15
Council Member Stigney asked whether a pre-solicitor who is trying to schedule a future meeting 16
for an estimate needs a permit. Assistant Clerk-Administrator Crane stated she would 17
recommend a permit and background check if a resident is inviting them into their home. 18
19
Clerk-Administrator Ericson stated staff would work with the City Attorney’s office to improve 20
the language and definitions before second reading. 21
22
Council Member Mueller asked whether the age of the solicitor has standing in a legal binding 23
contract with the person making the purchase. 24
25
Assistant Clerk-Administrator Crane reminded the Council that under State Statutes, the Election 26
Law also has bearing on politicians campaigning door-to-door. 27
28
MOTION/SECOND: Stigney/Mueller. To Waive the First Reading and Introduce Ordinance 29
834, Amending Title 500, Chapter 504, of the Mounds View City Code regulating Peddlers, 30
Solicitors, Transient Merchants, Non-Commercial Door to Door Advocates, and Similar Situated 31
Persons, and direct staff conduct further research on questions raised during discussion. 32
33
Ayes – 5 Nays – 0 Motion carried. 34
35
I. Resolution 7497, Authorizing a Step Increase for Brett Brisbois, Public 36
Works Maintenance. 37
38
Assistant Clerk-Administrator Crane presented the recommendation of Steve Dazenski, 39
supervisor of Brett Brisbois, that Mr. Brisbois receive a step increase wage adjustment consistent 40
with the Mounds View Personnel Manual and Public Works Bargaining Unit contract. Assistant 41
Clerk-Administrator Crane read Resolution 7497 in full. 42
43
Council Member Stigney asked how Level B and C correlate to the five-step program. Assistant 44
Clerk-Administrator Crane stated in accordance with the union contract, there are Levels A, B 45
Mounds View City Council September 14, 2009
Regular Meeting Page 10
and C, each having requirements for years of service, types of licensing, and other criteria. This 1
employee went from Level B to Level C based on three years of service and required licensing. 2
3
Tom Winiecki, 2748 Shrerwood Road, stated his wages are frozen for two years and asked 4
whether a change from Level B to C results in an increase in wages, or increase in position at the 5
same rate of pay. Mayor Flaherty explained this involves a union contract and step increase 6
based on performance but no cost of living increase. 7
8
MOTION/SECOND: Gunn/Hull. To Waive the Reading and Adopt Resolution 7497, 9
Approving Step / Longevity Adjustment. 10
11
Ayes – 5 Nays – 0 Motion carried. 12
13
8. CONSENT AGENDA 14
15
Mayor Flaherty asked to remove Item 8D. Council Member Mueller asked to remove Item 8E. 16
17
A. Licenses for Approval. 18
B. Set a Public Hearing for Monday, September 28, 2009, at 7:05 p.m. for the 19
Second Reading and Adoption of Ordinance 828, Amending the Zoning Code 20
about Accessory Buildings. 21
C. Set a Public Hearing for Monday, September 28, 2009 at 7:10 p.m. for the 22
Second Reading and Adoption of Ordinance 832, Amending the Zoning Code 23
by Adding Daycares as an Allowed Accessory Use in Public and Semi-Public 24
Buildings. 25
D. Resolution 7498, Accepting a Donation of a Nikon Digital Camera and 26
Digital Media Memory Card for the Community Center Event Department. 27
E. Resolution 7492, Authorizing the Mounds View Police Department to Enter 28
into a Grant Agreement with the Minnesota Department of Public Safety, 29
Office of Traffic Safety for the Safe and Sober Project from October 1, 2009, 30
through September 30, 2010. 31
F. Resolution 7499, Appointing City Representatives to the Metropolitan 32
Airports Commission’s Anoka County/Blaine Airport Advisory Commission. 33
G. Resolution 7500, Approving Design Configuration for Springview Lane. 34
35
MOTION/SECOND: Gunn/Mueller. To Approve the Consent Agenda Items A, B, C, F and G. 36
37
Ayes – 5 Nays – 0 Motion carried. 38
39
D. Resolution 7498, Accepting a Donation of a Nikon Digital Camera and 40
Digital Media Memory Card for the Community Center Event Department. 41
42
Mayor Flaherty stated he wanted to go on record to thank this anonymous resident for such a 43
generous donation. 44
45
Mounds View City Council September 14, 2009
Regular Meeting Page 11
MOTION/SECOND: Flaherty/Stigney. To Waive the Reading and Adopt Resolution 7498, 1
Accepting a Donation of a Nikon Digital Camera and Digital Media Memory Card. 2
3
Ayes – 5 Nays – 0 Motion carried. 4
5
E. Resolution 7492, Authorizing the Mounds View Police Department to Enter 6
into a Grant Agreement with the Minnesota Department of Public Safety, 7
Office of Traffic Safety for the Safe and Sober Project from October 1, 2009, 8
through September 30, 2010. 9
10
Council Member Mueller stated her appreciation to Police Chief Sommer for writing and 11
submitting this grant application to provide additional patrol, which involved a $24,000 grant. 12
13
MOTION/SECOND: Mueller/Stigney. To Waive the Reading and Adopt Resolution 7492, 14
Authorizing the Mounds View Police Department to Enter into a Grant Agreement with the 15
Minnesota Department of Public Safety, Office of Traffic Safety for the Safe and Sober Project 16
from October 1, 2009, through September 30, 2010. 17
18
Mayor Flaherty added his appreciation and thanked Police Chief Sommer. 19
20
Ayes – 5 Nays – 0 Motion carried. 21
22
9. JUST AND CORRECT CLAIMS 23
24
Mayor Flaherty referenced Page 1, a seminar paid from the General Fund. Clerk-Administrator 25
Ericson stated it involved an input error and seminar was attendance by several staff members. 26
27
Mayor Flaherty referenced Page 3, Joint Powers Agreement for Forester, noting it is the last 28
payment of the year. Clerk-Administrator Ericson advised the City of New Brighton intends to 29
fill this position late in the first quarter or second quarter of 2010. 30
31
MOTION/SECOND: Mueller/Gunn. To Approve the Just and Correct Claims as Presented. 32
33
Ayes – 5 Nays – 0 Motion carried. 34
35
10. APPROVAL OF MINUTES 36
A. August 10, 2009, City Council Meeting Minutes. 37
38
MOTION/SECOND: Mueller/Hull. To Approve the August 10, 2009, City Council Meeting 39
Minutes as corrected on Page 7, Line 35, “…understood the setback to be parallel to the front of 40
Fedors…” and Line 39 to indicate “Leon Theis, applicant...” 41
42
Ayes – 5 Nays – 0 Motion carried. 43
44
B. August 24, 2009, City Council Meeting Minutes. 45
Mounds View City Council September 14, 2009
Regular Meeting Page 12
1
MOTION/SECOND: Gunn/Mueller. To Approve the August 24, 2009, City Council Meeting 2
Minutes as Submitted. 3
4
Ayes – 5 Nays – 0 Motion carried. 5
6
11. REPORTS 7
A. Reports of Mayor and Council. 8
9
Council Member Mueller reported on a recent Irondale High School football game and 10
encouraged residents to support high school sports. 11
12
B. Reports of Staff. 13
1. Police Department Quarterly Report. 14
15
Police Chief Sommer presented the Police Department quarterly report, advising of offences and 16
crimes, arrests, calls for service, as well as a six-year comparison of theft reports. He noted the 17
summary report from the Edgewood Middle School resource officer that included a Pinewood 18
Elementary DARE graduation of over 100 students. Police Chief Sommer noted information on 19
training undertaken by officers and the Safe and Sober Operation Nightcap. 20
21
Mayor Flaherty noted the Operation Nightcap operations have to be published so people are 22
aware it will be occurring and reviewed the number of arrests made and vehicles towed. 23
24
Council Member Mueller asked when the seatbelt law took effect and number of traffic stops and 25
fines administered. Police Chief Sommer explained the law changed to make it a primary 26
offense in August of 2009. 27
28
Brian Amundsen, 3048 Wooddale Drive, asked if the report contains information on registered 29
sexual predators moving into Mounds View during the last quarter. Police Chief Sommer 30
explained the notification requirements, depending on the level of offender. He advised that 31
some information is private, some public, and there are no Level 3 offenders in Mounds View 32
that would require public notification. Schools and daycares have been made aware of Level 2 33
offenders. 34
35
Harvey Kowalzek, 2756 Sherwood Road, asked about motorcyclists wearing a helmet. Police 36
Chief Sommer stated there are laws pertaining to motorcyclists, and while the helmet law has 37
gone back and forth, there is not currently a law to require a helmet. 38
39
Mr. Kowalzek explained why he is upset about a ditch/rain garden in front of his house and that 40
City staff looked at it and agreed to change it in some way. However, he will have to “live with 41
it,” maintain it, and thinks it lowers his property value. Mayor Flaherty stated public meetings 42
and informational meetings were held, with published and mailed notice, on the location of 43
infiltration ponds. Public Works Director DeBar stated staff has looked at this infiltration pond 44
and there is some room to revise the plan and find common ground. 45
Mounds View City Council September 14, 2009
Regular Meeting Page 13
2. Schedule Update for Area B/C of the Street and Utility Improvement 1
Program. 2
3
Joe Rhein, Consulting Engineer with Bonestroo, provided an update on the project schedule for 4
the 2010 Street and Utility Improvement Project for Area C. Because a majority of the project 5
design for Edgewood Drive needs to be completed prior to submittal of the Rice Creek 6
Watershed District permit application, it is anticipated that application could be submitted for 7
their January 27, 2010 meeting. This would delay other project activities such as the bid opening 8
and contract award by approximately one month. However, staff believes the construction start 9
date for the project could remain as shown in the original schedule. 10
11
Mayor Flaherty stated the key dates are construction start and completion so he has no objection 12
to the modified project schedule. 13
14
Council Member Hull asked what delayed the schedule. Mr. Rhein explained the design of 15
Edgewood Drive involved public meetings and the design is taking longer than anticipated. 16
Rather than making assumptions on its design, staff would prefer to wait for Council’s decision. 17
18
Council Member Mueller stated her support for the modified project schedule instead of using a 19
tentative plan for Edgewood Drive that may have to be reworked. 20
21
Mayor Flaherty thanked Clerk-Administrator Ericson for making application for the America 22
Crown Communities Award, a national award to recognize work on the City’s infrastructure. 23
Clerk-Administrator Ericson stated the application was submitted last week and an 24
announcement will be made in November. 25
26
Clerk-Administrator Ericson referenced a recent StarTribune article regarding budget and levy 27
issues being dealt with by all communities. He reviewed the areas being considered for cuts and 28
reductions and stated staff will continue to explore those challenging considerations. 29
30
Clerk-Administrator Ericson advised that resident submitted information about what New Hope 31
has done to lower the threshold for noise abatement and may attend the next meeting to address 32
that issue. 33
34
C. Reports of City Attorney. 35
36
Noted. 37
38
12. Next Council Work Session: Monday, October 5, 2009, at 7 p.m. 39
Next Council Meeting: Monday, September 28, 2009, at 7 p.m. 40
41
13. ADJOURNMENT 42
43
The meeting was adjourned at 10:18 p.m. 44
45
Mounds View City Council September 14, 2009
Regular Meeting Page 14
Transcribed by: 1
2
Carla Wirth, TimeSaver Off Site Secretarial, Inc. 3
PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL
CITY OF MOUNDS VIEW
RAMSEY COUNTY, MINNESOTA
Executive Session
Date: September 28, 2009
Mounds View City Hall
2401 Highway 10, Mounds View, MN 55112
Time: 8:58 p.m.
1. EXECUTIVE SESSION IS CALLED TO ORDER AT 10:11 p.m.
2. ROLL CALL:
Mayor Flaherty, Council Members Stigney, Hull, Mueller, and Gunn. Clerk
Administrator Jim Ericson, and Assistant City Clerk-Administrator.
3. EXECUTIVE SESSION TO DISCUSS UNION LABOR CONTRACT
NEGOTIATIONS.
City Staff and Council reviewed and discussed the status of the Mounds View
AFSCME, Public Works, LELS Police Officers and LELS Police Sergeants union
contract negotiations.
3. MEETING ADJOURNED AT 11:12 p.m.
Respectfully Submitted:
Desaree M. Crane
Assistant City Clerk-Administrator