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HomeMy WebLinkAboutAgenda Packets - 2009/03/02CITY OF MOUNDS VIEW CITY COUNCIL WORK SESSION AGENDA MOUNDS VIEW CITY HALL Monday, March 2, 2009 6:00 p.m. ROLL CALL: Flaherty, Stigney, Hull, Mueller, Gunn PUBLIC COMMENT 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. Agenda Items Discussed by Consensus ___________ 1. Public Works Director Interviews ___________ 2. Administrative Hearing Process Update __________ 3. Ultimate Fighting Ordinance Review __________ 4. Charitable Gambling a. 2008 Charitable Gambling b. Charitable Gambling Ordinance Review __________ 5. Citizenship Award __________ 6. Discuss the Public Works Director Interviews (verbal discussion – no staff report) Next Work Session: Monday, April 6, 2009, at 7:00 p.m. Next City Council Meeting: Monday, March 9, 2009, at 7:00 p.m. Item No: 01 Meeting Date: March 2, 2009 Type of Business: Work Session Administrator Review: _________ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Assistant City Clerk-Administrator Item Title/Subject: Public Works Director Interviews Attached are two envelopes containing the two candidates for interview for the Public Works Director. In these envelopes you will find the candidate’s resume, city application and the questions that were used by staff in the initial interview process. The initial interview panel consisted of myself, Jim Ericson, Jim Hess and Joe Rhein. Please review the applications and have your questions ready for the interviews. Staff will be interviewing one more candidate on Friday, February 27th at 10am. Staff decided to take another look at all the applicants, and the panel consensus was to interview one more candidate. If this candidate meets expectations and requirements, then Staff will ask the candidate to come to this Work Session. Staff will communicate with the City Council after this interview whether this candidate will be at this Work Session. Respectfully submitted, Desaree Crane ORDINANCE NO. 807 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 610 RELATING TO ULTIMATE FIGHTING SECTION 1. The City Council of the City of Mounds View hereby amends Title 600, with a new Chapter 610 to the Mounds View Municipal Code by adding the underlined material as follows: CHAPTER 610 ULTIMATE FIGHTING SECTION: 610.01: Findings of Fact 610.02: Definitions 610.03: Prohibited Conduct 610.04: Unlawful Act 610.05: Right of Injunction 610.06: Violations; Penalty 610.01: FINDINGS OF FACT: The City Council finds that the practice of Ultimate Fighting is dangerous and puts the public health, safety and welfare at great risk. 610.02: DEFINITIONS: As used in this Chapter, the following words and terms shall have the meanings ascribed to them in this Section: Subd. 1. ULTIMATE FIGHTING: Any organized activity or event, regardless of how named or described, or any other form of entertainment, where the primary practice involves individuals engaged in physical contact by striking or touching an opponent with the hands, feet, head or body. This shall include, but not be limited to, any contest or event where kicking, punching, martial arts or submission holds are permitted. Officially sanctioned and regulated boxing and wrestling and team sports in which physical contact is incidental to the primary purpose of the game, including, but not limited to, football, basketball, volleyball, soccer, baseball and softball are not included among activities prohibited by this Chapter. Martial arts training or contests governed and sponsored by schools of martial arts are also not included among the activities prohibited by this Chapter. 610.03: PROHIBITED CONDUCT: It shall be unlawful to promote, host, organize, stage, conduct or participate in the practice of Ultimate Fighting as defined above in any public or private building or place. 610.04: UNLAWFUL ACT: No person shall permit, promote, or allow participation in Ultimate Fighting in any establishment licensed by the City pursuant to Title 500 of the Municipal Code or any adjoining property owned or leased by the licensee. 610.05: RIGHT OF INJUNCTION: The City or its designated representative may institute a lawsuit in district court seeking injunctive relief against any individual that is violating this Chapter. 610.06: VIOLATIONS; PENALTY. Any person who promotes, hosts, organizes, stages, conducts or participates in an Ultimate Fighting event or otherwise violates any provision of this Chapter shall be guilty of a misdemeanor. 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 June 23, 2008. Publication Date: July 2, 2008. Rob Marty, Mayor Attest: Jim Ericson City Clerk-Administrator (seal) Item No. 03 Type of Business: Work Session Date: March 2, 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: Ultimate Fighting Ordinance Review Background: On June 23, 2008, the City Council approved Ordinance 807, which prohibited ultimate fighting events in Mounds View. Since the approval of Ordinance 807, Staff has received several phone calls from a few City Council Members on kickboxing events that have been held at The Mermaid and Robert’s Sports Bar and Entertainment. Staff wanted to discuss with the City Council on the intention of this ordinance, and whether the City Council would like to revise this ordinance further. Discussion: Ordinance 807 amends the City Code to ban ultimate fighting events. Exempted from this prohibition are officially sanctioned boxing and wrestling meets or other team sports in which physical contact is incidental to the primary purpose of the game, and contests that are governed and sponsored by schools of martial arts. The Mermaid and Robert’s Sports Bar and Entertainment have recently had kickboxing events at their facility, which were sponsored by a marital arts school in New Brighton called Cellar Kickboxing. Cellar offers adult classes in kickboxing, fitness kickboxing, Brazilian Jiu Jitsu and mixed martial arts. They also offer pre-school and youth karate instruction. For more information on Cellar Kickboxing, please review their website at www.cellarkickboxing.com. On February 21, 2009, The Mermaid had a kickboxing event that was sponsored by Cellar Kickboxing. It is staff understanding that this was purely a kickboxing event and not an Ultimate Fighting Event. This event was also sponsored by Cellar Kickboxing. Since this event was sponsored by a martial arts school, The Mermaid was in compliance under the current City Code. The Mermaid will have another event on March 28, 2009, which will also be sponsored by Cellar Kickboxing. However, this event will be a traditional kickboxing event and a Muay Tai boxing event. Traditional kickboxing combines the kicking of karate with the punching of boxing. Points are scored when a punch or kick makes contact above the waist of the opponent. Matches are divided into five two-minute rounds and can be won by knockout or judges’ decision. Competitors wear 12-ounce boxing gloves and foot pads. Muay Tai (originated in Thailand) is very similar to traditional kickboxing; expect in Muay Tai you can use eight points of contact which are the fists, feet, elbows and knees. In traditional kickboxing you can use only four points of contact which are only the fists and feet. The same rules apply for Muay Tai as in traditional kickboxing. This event also is compliant with the current City Code. If the City Council wishes to ban all martial arts events, regardless of whether the event is sponsored by a school, then Staff will need to draft a revised ordinance for future City Council review. Staff spoke with the Police Chief, and there were no police calls at any past events. Attached is Ordinance 807, for your review and discussion. Respectfully submitted, Desaree Crane Item No: 04A Meeting Date: March 2, 2009 Type of Business: Work Session Administrator Review: _________ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Assistant City Clerk-Administrator Item Title/Subject: 2008 Charitable Gambling Report Staff was directed by Council to research and annually report to the City Council each permanent Charitable Gambling Permit to ensure contribution compliance with the Mounds View Trade Area. According to the City Code Section 502.13. subd. 2 (c): c. By December 31st of each calendar year, a licensed organization conducting lawful gambling within the City shall expend seventy five percent (75%) of its expenditures for lawful purposes conducted or located within the City’s trade area. The City’s trade area” is defined as, and limited to, Mounds View, Spring Lake Park, Blaine, Shoreview, Arden Hills, New Brighton and Fridley. According to Section 502.13, subd. 2 (d), of the City Code, each organization licensed to conduct charitable gambling in the City shall report monthly to the City its gross receipts, expenses, and profits from those activities in and the distribution of those profits, itemized as to payee, purpose, amount and date of payment. Organizations licensed to conduct charitable gambling at more than one (1) site must provide the above-mentioned information for each site within the City. These requirements may be satisfied by submission of copies of the monthly reports required by the Gambling Control Board. Below is a breakdown of what each permit holder contributed to the City’s trade area in 2008 for your reference. Merrick, Inc. Merrick, Inc., is a nonprofit organization 501(c)(3) charitable corporation, licensed by DHS as a Day Training & Habilitation (DT&H) and Supported Employment Services (SES) provider. The focus of their program is to provide employment services to adults with a developmental disability. Merrick’ Inc.’s charitable gambling license was originally approved on January 26, 2004, and they renewed their Gambling License on May 27, 2008. In 2009, the Blaine Jaycees have taken over the charitable gambling activities at Robert’s. Below is a breakdown of Merrick, Inc.’s contributions for 2008: Jan: No Contributions to the Trade Area Feb: No Contributions to the Trade Area Mar: No Contributions to the Trade Area Apr: No Contributions to the Trade Area May: No Contributions to the Trade Area Jun: No Contributions to the Trade Area Jul: No Contributions to the Trade Area Aug: No Contributions to the Trade Area Sep: 9/15/08 $1,053.36 (check made payable to Merrick, Inc.) Oct: 10/20/08 $351.12 (check made payable to Merrick, Inc.). Nov: 11/10/08 $351.12 (check made payable to Merrick, Inc.) Dec: No Contributions to the Trade Area Lake Region Hockey Association The Lake Region Hockey Association is a charitable organization to help in funding youth hockey to include Irondale Youth Hockey and Mounds View Youth Hockey programs. The City Council adopted their Charitable Gambling License on June 12, 2006, and conducts their charitable gambling at Moe’s located at 2400 County Highway 10. They renewed their gambling license on May 27, 2008. Below is a breakdown of their contributions in 2008. Jan: No Contributions to the Trade Area Feb: No Contributions to the Trade Area Mar: 3/18/08 National Sports Center (Ice Time for Mounds View Youth Hockey) $2,000.00 3/18/08 National Sports Center (Ice Time for Irondale Youth Hockey) $2,000.00 3/25/08 Totino Grace School (Athletic Scholarships) $1,600.00 3/25/08 National Sports Center (Ice Time for Mounds View Youth Hockey) $2,000.00 3/25/08 National Sports Center (Ice Time for Irondale Youth Hockey) $2,000.00 Apr: No Contributions to the Trade Area May: No Contributions to the Trade Area Jun: No Contributions to the Trade Area Jul: No Contributions to the Trade Area Aug: 8/29/08 Shoreview Community Foundation (Memorial for Dick Wedell) $1,000.00 Sep: 9/16/08 National Sports Center (Ice Time for Mounds View Youth Hockey) $4,000.00 9/16/08 National Sports Center (Ice Time for Irondale Youth Hockey) $4,000.00 Oct: 10/20/08 Irondale Youth Hockey (Youth Program) $110.00 10/20/08 Ramsey County Mounds View Hockey (Youth Ice Time) $4,000.00 10/20/08 Coliseum Irondale Hockey (Youth Ice Time) $4,000.00 Nov: No Contributions to the Trade Area Dec: No Contributions to the Trade Area Community Charities of Minnesota Community Charities of Minnesota, holds their charitable gambling on a permanent basis at The Mermaid located at 2200 County Highway 10 in Mounds View. Community Charities of Minnesota is a non-profit 501(c)(3) charitable corporation. The organization conducts fundraising to include golf tournaments and charitable gambling with the proceeds donated to food shelves, post prom parties and summer education programs for Minnesota Youth to name a few. Their charitable gambling license was approved by the Mounds View City Council on July 23, 2007. Unfortunately, this organization was not able contribute to the trade area due to a theft in December of 2007. However in 2008, this organization made a contribution to the Ralph Reeder Food Shelf on August 20, 2008, in the amount of $2,500.00. This was the only contribution that Community Charities of Minnesota made to the trade area in 2008. Their renewal was approved by the City Council on February 25, 2008. Staff spoke to the Community Charities of Minnesota Gambling Manager, Mark Healy, about concerns on their only contribution to the trade area. Mr. Healy stated that The Mermaid is not generating enough sales, and the organization is seriously considering terminating gambling activities at The Mermaid. All gambling reports are available for your review at City Hall if you wish to examine any of them. Respectfully submitted, Desaree Crane Item No: 04B Meeting Date: March 2, 2009 Type of Business: Work Session Administrator Review: _________ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Assistant City Clerk-Administrator Item Title/Subject: Charitable Gambling Ordinance Review Staff was directed by the City Council to address the City Code pertaining to charitable gambling. On January 28, 2002, the City Council passed Ordinance 691 (attached), which added the additional language outlining the City’s trade area. There was some discussion in having a city fund in which charitable gambling organizations contribute 10% of their earnings into a city fund. This was discussed on December 10, 2001, City Council Meeting, January 14 and 28, 2002, City Council Meetings, and again at the March 2005, Work Session, with opposition. Attached are the staff reports along with the Minutes. The City of Maplewood currently has such a policy, and attached is their City Code pertaining to the contribution. Other cities like Arden Hills, Shoreview (Shoreview requires 10% contribution per quarter), and St. Paul have similar policies. Changing the Code to require these organizations to contribute would guarantee that profits are contributed to the City directly. Staff would like guidance from the City Council on whether to add language to require organizations to contribute their profits to the City. If the City Council agrees with this contribution, then the City Council should decide on how the contributions should be distributed. One suggestion could be to give 50% of contributions to the Festival in the Park and 50% towards Park Dedication. Another suggestion is to use the fund for city meetings/events, like town hall and neighborhood meetings. With these present economic times, Staff feels that this may be a way to generate some revenue for the City. Respectfully submitted, Desaree Crane Item No: 05 Meeting Date: March 2, 2009 Type of Business: Work Session Administrator Review: _________ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Assistant City Clerk-Administrator Item Title/Subject: 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 Staff has already started the nomination process for the 2008 Citizenship Award to include advertising on the website and sending press releases to the local press. 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. Since this award has already been advertised, it may be too late to make this policy change. If the City Council wishes to make this change for future awards, then Staff could present the change to the City Council after the Town Hall Meeting Citizenship nominations forms are currently on the website and at the front desk of City Hall. All nominations must be submitted to Mounds View City Hall by Friday, March 20, 2009, at 4:30pm. Staff will then submit copies of the nominations to the City Council for review at the March 23, 2009, City Council Meeting. The winner will have a plaque presented to him or her at the April 25, 2009, Town Hall Meeting. If the award recipient cannot attend the Town Hall Meeting, then the City Council may consider presenting the award at a regular meeting. Respectfully submitted, Desaree Crane