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HomeMy WebLinkAboutMinutes - 2009/01/26S PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL D CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting January 26, 2009 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 7:00 P.M. 1. MEETING IS CALLED TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Flaherty, Stigney, Hull, Mueller, Gunn NOT PRESENT: None. 4. APPROVAL OF AGENDA A. Monday, January 26, 2009 City Council Agenda. MOTION/SECOND: Mueller/Gunn. To Approve the Monday, January 26, 2009 agenda as presented. Ayes - 5 Nays - 0 Motion carried. 5. PUBLIC INPUT None. 6. SPECIAL ORDER OF BUSINESS A. Presentation by Senator Betzold and Representative Tillberry to discuss the 2009 State legislative session with the City Council. Senator Betzold and Representative Tillberry addressed the Council and updated them on the 2009 State legislative session. They advised of the projected $4.8 billion deficit by June 30, 2011 and issues being faced to balance the budget, as required by the State's Constitution. He stated the Senate has a duty to balance the budget and welcomes the City's input. Representative Tillberry stated many did not see this large deficit coming but several years ago, a conference with economists had believed, based on the demographics of Minnesota, it may be 8 to 10 years out. However, none expected this for our nation, State, Counties; the mixing of a Mounds View City Council January 26, 2009 Regular Meeting Page 2 perfect economic storm. He advised that everything will be on the "table" for budget cuts. Representative Tillberry expressed concern that previous cuts have reduced the number of auditors available who assure deposits are made and finances correctly handled. On a City level, he indicated that State mandates may be addressed and input from the City is needed because no one can solve the budget deficit on their own. Council Member Stigney stated it would provide some balance for loss of LGA if cities did not have to pay sales tax on purchases. Senator Betzold reviewed the history of LGA and requiring cities to pay sales tax, noting that not requiring cities to pay sales tax would "make the hole deeper" so he does not see that happening. Council Member Stigney stated since LGA has been eliminated, he would like the Legislature to readdress the big picture. Representative Tillberry stated he will be meeting with the Chair of Property Tax Division, which may be looking at LGA or mandates. Also, related to the K-12 Finance Committee, he has been asked to head up the mandate piece and see what is there. Senator Betzold reviewed the cuts made to address the State's $4.3 billion deficit in 2003, making about $1.3 billion in actual cuts and using budget reserves. With the current budget deficit, the State does not have the tobacco endowment, fees are almost maxed out, and the cuts made in 2003 cannot be cut again. Council Member Gunn asked how far the State will go to assure the Northwest Airline (NWA) jobs remain in Minnesota, noting the unemployment rate predicting up to 10%. Senator Betzold advised Senate hearings were held last week and the Senate Counsel indicated we don't need any legislation to change the law, which required NWA to maintain headquarters in return for the assistance given for their maintenance building in 1990s. However, NWA has gone through bankruptcy, which allows them to not abide by some of the agreements. Clerk-Administrator Ericson stated the City understands the comment about not being able to make the same cuts a second time, noting that Mounds View went through that when LGA was cut. He pointed out that Mounds View will deal with the loss of several hundred thousand dollars in potential lost aid. The City cannot recertify a levy that has already been adopted and has no mechanism to raise funds. He stated it is acknowledged that all need to do their part and maybe levy limits can be eliminated in 2010, or mandates and administrative offenses. Clerk- Administrator Ericson stated cities have their budget in place and if LGA will be lost, need some type of mechanism to recover those funds. Representative Tillberry stated he fully understands what the City is talking about and all are trying to determine how cuts can be made. The concern is that if something is cut in one area, like a program, those people may just be transferred into another program or may end up on unemployment. He advised they have also addressed the issues of "fairness," such as with cities that receive no LGA, and how cuts can be equitable across the system. Senator Betzold referenced Governor Pawlenty's promise to not raise taxes or cut LGA and change in that position when faced with huge deficits in 2003. In addition, many State programs Mounds View City Council January 26, 2009 Regular Meeting Page 3 i shifted to local property taxes and levy limits were placed. Senator Betzold stated you cannot cut your way or tax your way out of this budget deficit. Representative Tillberry advised of the Governor's visit to the beginning House caucus and indication that Minnesota saw it fit to have a Republican Governor and Democrat House of Representatives, and to ask how they can best work together. He stated he found Governor Pawlenty to be impressive in opening himself up to questions. Finance Director Beers asked if the State would address the suggestions presented by the Blue Ribbon Panel. Senator Betzold stated the suggestions will be taken very seriously and he anticipates they will implement many of them. Council Member Mueller expressed concern that the Health and Human Services budget will be cut; noting people whose unemployment benefits are running out will need services. Representative Tillberry agreed that it does not help to close out one program only to shift the person to another program. Senator Betzold advised that unemployment benefits will be extended and they also are working on a bonding bill to get jobs going. Mayor Flaherty thanked Senator Betzold and Representative Tillberry for providing this update. He stated many people are asking what happened to get $4.8 billion in debt and saying Legislators and Senators are not doing the job. However, the deficit is not from overspending but because the budget was balanced based on revenues to be received, which did not happen. He stated his concern about cutting auditors from the budget because that function is needed. Mayor Flaherty stated Mounds View was told by the State that LGA would be received and adopted a budget based on that and approved the levy. Now Mounds View has been told that $640,000 of 2009 LGA will not be coming. Mayor Flaherty stated it is not fair to ask the cities who were to get LGA to find a way to come up with that funding. Mayor Flaherty asked Senator Betzold and Representative Tillberry to keep an eye on LGA for Mounds View, remove levy limits, and mandates. He also asked them to watch legislation related to the extension of runways at the Anoka County Blaine airport that is being discussed among Anoka County Commissioners. B. Resolution 7401, A Resolution of Appreciation to Russ Warren, Streets and Utilities Committee. Mayor Flaherty read in full and presented a Resolution of Appreciation to Russ Warren, for his work on the Mounds View Streets and Utilities Committee. Mr. Warren thanked the City for the opportunity to serve on the Committee, saying it got off to a good start. r Mounds View City Council January 26, 2009 Regular Meeting Page 4 7. COUNCIL BUSINESS A. Resolution 7387, Authorizing Abatement of Nuisance Code Violations at 8379 Red Oak Drive, Mounds View, MN 55112. Community Development Director Roberts reviewed the past action at 8379 Red Oak Drive to gain code compliance through cleanup of debris in the yard. On December 22, 2008, the Council tabled action for 30 days to give the property owners additional time. During the last month improvements have been made to the property. The revised resolution indicates the City will not do any abatement until at least May 1, 2009, giving family until then to complete cleanup. If not done by that date, the City will do the abatement and certify costs without further Council action. Mayor Flaherty asked if anyone was present to speak to this matter. No one responded. Council Member Hull asked whether the property owner was comfortable with staff's recommendation. Community Development Director Roberts advised the Council that staff spoke to Ann Moe who indicated they would do their best. Council Member Mueller stated this is a difficult situation and she is glad the City is being flexible and taking into account the loss of a family member and an elderly parent who is being assisted by her children. MOTION/SECOND: Mueller/Stigney. To Waive the Reading and Approve Resolution 7387, Authorizing Abatement of Nuisance Code Violations at 8379 Red Oak Drive, Mounds View, MN 55112. Mayor Flaherty commended Housing/Code Enforcement Inspector Anderson for his handling of this nuisance violation and the residents for making progress during this cold weather time. Ayes - 5 Nays - 0 Motion carried. B. Resolution 7404, Authorization to Create an Eligibility List to Fill a Police Officer Position. Police Chief Sommer explained they anticipate an opening in early April of 2009 due to retirement. He presented staffls recommendation to create a Police Civil Service eligibility list; advertise the position, test and rank applicants, certification of the applicant by the Civil Service Commission, and make a recommendation to the Council for hire. The resolution would also authorize staff to fill that position effective when the retirement occurs. Police Chief Sommer noted there would be a cost savings when compared to the pay level of a retiring officer. Mayor Flaherty asked if anyone was present to speak to this matter. No one responded. Council Member Mueller asked if a service gap would occur if this decision is postponed. Police Chief Sommer advised that it takes a minimum of two months to hire an officer so a decision is Mounds View City Council January 26, 2009 Regular Meeting Page 5 needed soon to assure no there is no gap in coverage. He explained that if an experienced officer was being considered, at a higher salary, the decision would be brought before the Council. Council Member Gunn stated her support for the resolution considering the survey results indicated a high priority on being safe and feeling safe in the community. She stated this was solely to the thanks of the Police Department. MOTION/SECOND: Gum~/Mueller. To Waive the Reading and Approve Resolution 7404, Authorization to Create an Eligibility List to Fill a Police Officer Position. Council Member Stigney stated he has no objection to creating the eligibility list but is concerned about authorizing hiring at this time. He noted the Council does not yet know what will happen with the budget and maybe the State will do something to help. AMENDMENT MOTION/SECOND: Stigney/Hull (for discussion purposes). To Waive Reading and Approve Resolution 7404, Authorization to Create an Eligibility List to Fill a Police Officer Position, as revised to remove the "Now Therefore be it Further Resolved" paragraph. Council Member Mueller stated while she understands the concern, thinks there are other places in the budget that can be cut besides Public Safety. She stated Police Chief Sommer runs a "lean department" and is recommending this action. She supports doing so as quickly as possible and noted the survey results indicated the importance of Public Safety. Council Member Hull stated he would ordinarily agree with Council Member Stigney on staff issues of this sort but in 2003 or 2004 residents raised the levy to hire two officers, showing they are willing to pay more in taxes to have good police services. Also, when considering combining police services with another community, residents were adamantly opposed to it. Because of those two issues, he does not support the motion amendment. Council Member Gunn agreed that residents spoke in the referendum that they want awell- staffed police force to protect this community. She felt that with a rise in some crimes, it is important for residents to have that comfort level, which is thanks to the Police Department. Council Member Stigney clarified the amendment is not to make a cut in Public Services but to create the eligibility list and, once completed, the Council can consider giving authorization to hire or not hire. He felt giving that authorization at this time would tie the Council's "hands" before it knows the budget situation. Mayor Flaherty noted the survey clearly indicates that Public Safety is very important to the community and is the most visible service provided to residents. Also, as Council Member Hull indicated, citizens stepped forward and voted to pay for excellent police services. He agreed that everything is on the table when considering the budget, and tonight the discussion is on Public Safety. Mayor Flaherty stated his support for a seamless transition between the retiring officer and new officer so he favored adoption of the resolution. Mounds View City Council January 26, 2009 Regular Meeting Page 6 Vote on amendment: Ayes -1 (Stigney) Nays - 4 Amendment motion failed. Vote on original motion: Ayes - 4 Nays -1 (Stigney) Motion carried. 8. CONSENT AGENDA Councilmember Gunn asked to remove Item B. Council Mueller asked to remove Item D. A. Licenses for Approval. ~eee~te~~°~z~l~G.,...~.~;,,,~ .,~ n,.~.,...~~~ ~No~s B~: :.uu C. Resolution 7363, Approving the Agency Delegated Contract Process Agreement with the Minnesota Department of Transportation. MOTION/SECOND: Mueller/Hull. To Approve the Consent Agenda Items A and C. Ayes - 5 Nays - 0 Motion carried. B. Resolution 7405, Approving a Charitable Gambling Permit for the Blaine Jaycees to Conduct Charitable Gambling at Robert's Sports Bar and Entertainment. Council Member Gunn noted the Blaine Jaycees is requesting a charitable gambling permit in Mounds View and asked how it benefits Mounds View. Clerk-Administrator Ericson explained City Code related to charitable gambling defines a trade area and that 75% of the revenue has to be applied to trade area. The trade area is defined as Mounds View and surrounding areas to Mounds View. Staff has encouraged the Blaine Jaycees to support Mounds View programs like Festival in the Park and other deserving organizations. Council Member Gunn stated her understanding that Blaine requires a percentage of funds from charitable gambling permits to be donated to the Blaine Blazin 4th Celebration. Clerk- Administrator Ericson explained that Robert's indicated the previous chartable gambling organization no longer felt it was feasible for them to continue so the owners of Robert's is looking for another organization to do so. Council Member Mueller asked whether local agencies were notified of this vacancy and had the ability to apply. Clerk-Administrator Ericson stated he does not know. Council Member Mueller asked if consideration can be postponed for 30 days to see if other organizations within Mounds View would be interested. Clerk-Administrator Ericson stated he was not sure if there is legal justification to delay action since they meet Code and the property owners were agreeable to this arrangement. Mounds View City Council January 26, 2009 Regular Meeting Page 7 Attorney Riggs stated the applicant did meet the Code; however, the Council has raised questions and those answers can be considered at the next meeting. Council Member Gunn stated she was surprised that a Blaine organization, not a local group, was coming into Mounds View to run charitable gambling. Council Member Stigney asked what level of contribution is required by surrounding communities for their charitable gambling permits. Clerk-Administrator Ericson stated it varies from city to city. Council Member Stigney suggested Mounds View review the charitable gambling ordinance and whether it should require that Mounds View, not the trade area, receive a percentage. Council Member Gunn suggested the Council discuss this ordinance at a Work Session and consider requiring a percentage donation to the City. MOTION/SECOND: Mueller/Stigney. To Postpone Consideration of Resolution 7405 to the next Council meeting to allow staff to obtain answers to the Council's questions. Mayor Flaherty stated the Blaine Jaycees is a reputable organization, complies with City Code, paid the licensing fee, and has an agreement with Robert's so he sees no reason to postpone consideration. He suggested the Council discuss the issue of donations at a Work Session. Council Member Stigney stated the postponement is not to stop other entities but he believed the Code should be clarified prior to this approval, which would be tied up for one year. Mayor Flaherty felt the Council could move forward with this request and address it further at a Work Session. He stated he is not against looking at what surrounding communities require but does not think it is fair to the Blaine Jaycees or Robert's to postpone consideration. Council Member Mueller stated she was not sure atwo-week postponement would be an issue for Robert's, noting they have no charitable gambling until a license is approved and she does not want to do harm to this business if it is a draw for their customers. However, she believed that some valid questions were raised tonight. Council Member Gunn agreed that valid questions were raised but she did not support postponement or a moratorium consideration. Instead, these issues could be considered at the next Work Session. Council Member Mueller called the question. Attorney Riggs advised that the Code was changed two years ago to allow for a trade area and that can be revisited. Since the Code does not clearly state that there is a one year limit, he • recommended setting a date certain for the term of this charitable gambling license. Council Member Stigney withdrew his second to the postponement motion. Council Member Mounds View City Council January 26, 2009 Regular Meeting Page 8 . Mueller withdrew the motion to postpone. MOTION/SECOND: Stigney/Mueller. To Waive Reading and Approve Resolution 7405, Approving a Charitable Gambling Permit for the Blaine Jaycees to Conduct Charitable Gambling at Robert's Sports Bar and Entertainment, as amended to approve through December 31, 2009. Ayes - 5 Nays - 0 Motion carried. D. Set Public Hearing for February 9, 2009 at 7:05 p.m. for a Major Subdivision at Mermaid (2200 Highway 10). Council Member Mueller requested a staff update since information was not included in the Council's packet or the matter discussed at a Work Session. Community Development Director Roberts advised the Council that the plan ~p~-by the owners of the Mermaid to build a strip center on the corner has fallen through. It is the believe of staff that the owner has a buyer for the hotel so they have submitted a new application to the City subdivide the property. Clerk-Administrator Ericson explained the preliminary plat incorporated a dividing line through the building and this would be the same. The preliminary plat was approved by the City Council, but they did not exercise the option for the final plat so that plan would become null and void. MOTION/SECOND: Mueller/Gunn. To Approve Setting Public Hearing for February 9, 2009, at 7:05 p.m. for a Major Subdivision at Mermaid (2200 Highway 10). Mayor Flaherty advised he will be out of town that date and requested information ahead of time so he can provide feedback. Ayes - 5 Nays - 0 Motion carried. 9. JUST AND CORRECT CLAIMS Council Member Gunn, on Page 4, Boyer Trucks, questioned which vehicle needed repair. Finance Director Beer stated it was a 1996 dump truck. Council Member Mueller, on Page 4, claim for BRAA, erosion control ordinance, asked if it was in conjunction with street and utilities project. Clerk-Administrator Ericson stated it was related to the ordinance recently adopted by the Council on Chapter 1303. Council Member Mueller, on Page 6, Department of Public Safety, asked about CJDN. Finance Director Beer explained it stands for Criminal Justice Defense Network. Mayor Flaherty questioned the installation of a twist lock receptacle. Finance Director Beer advised it was for an electrical installation and the $1750 would be reimbursed by the consultant Mounds View City Council January 26, 2009 Regular Meeting Page 9 • who gave an incorrect recommendation on the voltage. Council Member Gunn, on Page 8, asked about Heartland Mounds View CommonBond. Finance Director Beer explained it was a TIF payment for Silver Lake Point. Council Member Mueller, on Page 9, questioned the prosecution statement. Finance Director Beer advised it was for the monthly retainer. Council Member Gunn, on Page 10, wondered about the numbers for workers comp. Finance Director Beer explained this insurance payment was broken out by funds and accounts that have employees. Mayor Flaherty, on Page 12, asked about the cost for mailbox posts. Clerk-Administrator Ericson stated it is for replacement of mailbox posts damaged when hit by the plow or snow from the plow. Council Member Mueller, on Page 14, asked about the motor control board repair. Finance Director Beer explained it again related to the excess of voltage and the cost will be reimbursed. Council Member Gunn asked about the Muska Lighting Showroom claim for a trouble light booster in the amount of $320.24. Finance Director Beer stated this would also to be reimbursed. Council Member Mueller, on Page 15, questioned the payment to the Northwest Youth and Family Service Center. Finance Director Beer stated this was a budgeted item. Mayor Flaherty questioned the payment to North American Salt. Clerk-Administrator Ericson explained this represents 100 or 200 tons of salt and may be enough for the season, depending on the weather. Council Member Gunn, on Page 21, asked what is UHL Company. Finance Director Beer explained they service the HVAC system at the Community Center. MOTION/SECOND: MuellerlHull. To approve the Just and Correct Claims as Presented. Ayes - 5 Nays - 0 Motion carried. 10. APPROVAL OF MINUTES A. December 1, 200$ Truth in Taxation Minutes. MOTION/SECOND: Flaherty/Mueller. To Approve the December 1, 2008 Truth in Taxation meeting minutes, as presented. • Ayes - 5 Nays - 0 Motion carried. Mounds View City Council January 26, 2009 Regular Meeting Page 10 B. December 22, 2008 City Council Meeting. MOTION/SECOND: Mueller/Hull. To Approve the December 22, 2008 City Council meeting minutes, as presented. Ayes - 5 Nays - 0 Motion carried. C. January 5, 2009 Special City Council Meeting. Council Member Mueller requested correction to Page 3, Line 30, to change "kidnapped" to "kidnapping." She referenced Page 5, Line 20, and questioned the correct cutoff date for the Sun Focus, noting the minutes indicate Thursday following the Monday Council meeting but she believes it is actually Tuesday for legal notices and may be Monday for other articles. Clerk-Administrator Ericson stated staff will check the meeting tape to determine whether the minutes correctly reflect her statement. Council Member Mueller stated on Page 6, Lines 3 and 4 should indicate that Mayor Flaherty is the I-35W Corridor Member and Council Member Gunn the Alternate. MOTION/SECOND: Gunn/Mueller. To Approve the January 5, 2009 Special City Council meeting minutes, as corrected. Ayes - 5 Nays - 0 Motion carried. 11. REPORTS A. Reports of Mayor and Council. Mayor Flaherty announced that a group of concerned citizens would hold a meeting about the Anoka County Blaine airport at the Mounds View Community Center on January 29, 2009, from 7-9 p.m. ,This meeting was not organized or called by the City. It will be an informational meeting on the possible increase of a runway at the Anoka County Blaine airport ~y from 5,000 to 6,000 feet. Mayor Flaherty announced the Met Council action to construct several new Park and Rides in 2009 through an urban partnership agreement. One will be in Roseville at I-35W and County Road C and another in Blaine at I-35W and 95th Avenue. Council Member Mueller reported on the Ramsey County League of Local Government meeting held last week and the debate that occurred on proposed cuts that Governor Pawlenty mentioned in his State of the State address. Council Member Mueller announced the Minnesota League of Cities Ethics Advisory Panel will Mounds View City Council January 26, 2009 Regular Meeting Page 11 meet this week to discuss the Ethics Code of Conduct for elected officials. Council Member Mueller wished all the best to Kay Andrews, Northwest Youth and Family Services President, who will be retiring and thanked her for over 25 years of service. Council Member Mueller announced the fundraising event by St. John the Baptist Catholic Church of New Brighton on Saturday, January 31, 2009. Council Member Mueller commented on the Sunday, January 25, 2009 article in the StarTribune about rain gardens, advised how to obtain additional information, and commended staff on what it has accomplished to lead and mold steps in this direction. Mayor Flaherty ask Mr. Rhein to address the questions the Council raised at the January 12, 2009 meeting regarding drainage issues on the trail and corrective measures taken. Joe Rhein, Bonestroo, advised that a short segment of the trail constructed near the Ramsey County Library flooded after a rain storm. Public Works staff surveyed the trail and found that the low area was landlocked and would not drain overland. No storm sewer locations were available so a rock infiltration was added based on water calculations that occurred during the storm. A rock trench was constructed, the trail has been monitored for the past 17 months, and there has not been a single occurrence of water coming even to the edge of the trail. Should there • be a failure in the future from sediments, it will have to be cleaned or other options considered. Mayor Flaherty stated this was not the first time a consultant had seen ditches with swales. Mr. Rhein stated he missed it. Mayor Flaherty stated if the trail floods again, the City will be contacting him. Mr. Rhein stated the Rice Creek Watershed District is aware of the rock infiltration trench, checked it during construction, and had no problem with it. With regard to drainage at County Roads I and 10, Mr. Rhein stated they knew there were drainage issues at that location but the intersection is scheduled for future signal and drainage improvements so they didn't want to expend funds to create a permanent drainage system. He described how an overland swale was created to drain water from the intersection to the existing storm sewer on east side of the intersection, which is then piped over to the wetland. However, the swale was flat and did not function adequately for drainage or for pedestrians to use the trail on a regular basis so a new catch basin was installed over an existing stormwater pipe. Council Member Mueller provided the tabulation she prepared of the 189 surveys submitted after Risdall Marketing tabulated remarks. This will be discussed by the Council at a future Work Session. Mayor Flaherty noted that Council Member Stigney had asked about a possible conflict with the Charter if the Council reviewed and compiled the information from Risdall Panto Marketing. Attorney Riggs advised that the Council always has the ability to do things by consensus if that is how they want to do business. He stated there is division between Administration and Council, but he did not think this activity falls into that area. Mounds View City Council January 26, 2009 Regular Meeting Page 12 B. Reports of Staff 1. 2008 Annual Report -Police Department Police Chief Sommer presented the 2009 Annual Report for the Police Department, advising of enforcement efforts, citations issued, receipt of a $4,000 stalker directional sensor radar unit from a prize drawing, and the Mounds View Police Department receiving an Outstanding Service Award for efforts in 2007 with DWI arrests. He reviewed educational programs offered, criminal activity and arrests, and work of the DARE officer at Pinewood School, Crime Prevention Officer who conducts classes for businesses and school, and the School Resource Officer at Edgewood Middle School. Mayor Flaherty thanked Police Chief Sommer for this Report and read the list of training classes and continuing education of officers to assure the City has the highest level of public safety possible. He stated he believed it was invaluable to have a School Resource Officer at Edgewood Middle School and thanked Officer Demarest and Officer Knitter for their excellent work. 2. Traffic Signal Project at County Road H and Silver Lake Road - Update Clerk-Administrator Erickson presented the County's 2009 signal installation project at County Road H and Silver Lake Road and need for Mounds View to acquire right-of--way at two corners. He recommended, since the City was short staffed, to use Evergreen Land Services to obtain the necessary right-of--way. He advised the quote for this service is $5,000, would be shared with New Brighton, and does not include the price of the right-of--way. Mayor Flaherty stated he reviewed the data and found that this intersection meets warrants and volume standards. In addition, an elementary school is located within a block and a half from this intersection. He asked about the cost sharing ratio for Evergreen Land Services. Clerk Administrator Ericson stated he assumed it would be paid one-third by New Brighton and two- thirds by Mounds View since two of three parcels are in Mounds View. Mayor Flaherty noted this expense would be TIF eligible. Council consensus was reached in support of staff's recommendation. Clerk-Administrator Ericson stated staff would draft a formal resolution authorizing this expenditure for Council's consideration at the February 9, 2009 meeting. Mayor Flaherty noted that former Mayor Marty had worked hard on this project and congratulated him. 3. Other Updates. • Clerk-Administrator Ericson updated the Council on the Xcel Energy easement. Staff is working with their reps and will assure the language of the final easement document incorporates the Mounds View City Council January 26, 2009 Regular Meeting Page 13 • recommendations of the City Attorney and protects Mounds View. Clerk-Administrator Ericson updated the Council on the situation with the Community Center gaming machines and advised it seems to be working well. Clerk-Administrator Ericson advised of a heating coil break in the Police Department on January 15, 2009. There was no damage to the equipment, staff will research the cause of the problem, and bring a report back for Council consideration. Clerk-Administrator Ericson stated the Public Works Director position was posted on January 18 and will close on February 9, 2009. Clerk-Administrator Ericson commented on the Ramsey County League meeting, as mentioned by Council Member Mueller, saying it appeared most legislators were understanding and appreciative of the position cities will be in and acknowledged it needed to be addressed. Clerk-Administrator Ericson stated he attended an Airport Advisory Commission meeting last Thursday and the Metropolitan Airport Commission (MAC) said they are not behind the extension of runways and had no knowledge of that request. Clerk-Administrator Ericson updated the Council on the response of the four Hillview Road • residents related to the no parking situation. Clerk-Administrator Ericson stated more than 50 applications were received for the PSO Officer, 8 candidates were interviewed, background checks are being conducted, and staff will present a recommendation for hire in February. Clerk-Administrator Ericson stated the Charter Commission held an informal meeting on January 13, 2009 to talk about amending the City Charter to change the position title of "Clerk- Administrator" to "City Administrator" to better reflect and be more consistent with the title used in the metro area. A question was raised whether making that title change would inadvertently change the form of government of the City. However, the City Attorney confirmed that is not the case. Should the Charter Commission move forward with that recommendation, it would require a unanimous vote of the Council. Attorney Riggs advised the title position of "Clerk-Administrator" is very unique to Mounds View. This topic came up several years ago and he had recommended using "City Administrator" since that is the title used by other municipalities. Doing so would not change anything in the Charter or City Code or the position's responsibilities. In addition, it may be easier to compare apples-to-apples when comparing that position with other municipalities. Council Member Stigney questioned the cost to make such a change in all the Codes. He noted . that when making comparisons, it does not matter if the titles are exact as long as Mounds View is not comparing to a City Manager position. Clerk-Administrator Ericson stated the cost would be minimal, perhaps $50-$60 to publish an ordinance and purchase new business cards. Mounds View City Council January 26, 2009 Regular Meeting Page 14 Council Member Mueller asked if Ms. Crane's title would be changed from "Assistant Clerk- Administrator" to "Assistant Administrator." Clerk-Administrator Ericson stated that could also be considered and explained the change would not be made to old legal documents, just going forward. Attorney Riggs concurred and suggested language such as: "henceforth it shall be known in the City of Mounds View..." Council consensus was reached to support such a title change for both positions. Clerk- Administrator Ericson stated he will inform the Charter Commission. Clerk-Administrator Ericson advised of the items to be discussed at the February 2, 2449 Work Session. Clerk-Administrator Ericson informed that staff would meet with the Bethlehem Baptist Church this Friday on the disbursement of the first half payment. In past years, concern was expressed that these funds went outside the community. Staff has told Bethlehem Baptist Church that the City was grateful for the contribution and wanted the funds to benefit Mounds View residents. The Church will prepare a letter for Council consideration and resolution at a future point. Council Member Mueller referenced the question raised by Mr. Gustafson related to Woodcrest Park. Council Member Gunn stated there may be issues with maintenance of this holding pond, cattails, and weeds because it is to remain as untouched natural drainage. Clerk-Administrator Ericson stated he will ask the Park and Recreation Commission to review that issue, usage of Woodcrest Park, maintenance, or if the equipment would be better utilized in another park. Finance Director Beer reported on the North Suburban Cable Technical Advisory Committee meeting and difficulty with auditing Comcast ad revenues. Should they find Comcast in noncompliance, they could impose a penalty of $2,500 for each day of noncompliance. This may involve a court action and the Committee can draw on their letter of credit to access those funds. Community Development Director Roberts congratulated Planner Heidi Heller who delivered a baby girl on Sunday and will be on maternity leave until the first week in May. The Council added their best wishes to the Heller family. C. Reports of City Attorney City Attorney Riggs referenced his summary report and offered to answer Council's questions. Mayor Flaherty asked whether legal fees for the Silver Lake Woods Condominiums were being shared by the Association. Attorney Riggs advised that the Association understands the City would be made whole for all of these costs. 12. Next Council Work Session: Monday, February 2, 2009, at 7 p.m. Next Council Meeting: Monday, February 9, 2009, at 7 p.m. Mounds View City Council January 26, 2009 Regular Meeting Page 15 • • 13. ADJOURNMENT The meeting was adjourned at 9:56 p.m. Transcribed by: Carla Wirth Timesaver Off Site Secretarial, Inc. •