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HomeMy WebLinkAboutMinutes - 2009/02/23 (2)PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA ~ ~ . p Regular Meeting February 23, 2009 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 7:01 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, February 23, 2009 City Council Agenda. MOTION/SECOND: Mueller/Gunn. To Approve the Monday, February 23, 2009 agenda as presented. Ayes - 5 Nays - 0 Motion carried. 5. PUBLIC INPUT None. 6. SPECIAL ORDER OF BUSINESS None. 7. COUNCIL BUSINESS A. Resolution 7413, Authorizing a Residential Kennel License at 2273 Pinewood Drive. Assistant Clerk-Administrator Crane presented the residential kennel license application of John Munsterman for three dogs at 2273 Pinewood Drive. To receive a license, the applicant must present a petition signed by more than 50% of registered landowners within 500 feet of the proposed kennel who agree with the establishment of that kennel. Staff reviewed the application materials and petition and it was verified that one more signature was needed to validate the petition. In addition, the City received requests from seven who wanted to withdraw their name Mounds View City Council February 23, 2009 Regular Meeting Page 2 • from the petition. Assistant Clerk-Administrator Crane noted that Mr. Munsterman is present to speak to his application as well as Cindy Palm who circulated a flyer and other residents from this neighborhood. Mayor Flaherty opened the public hearing at 7:06 p.m. John Munsterman, 2273 Pinewood Drive, kennel license applicant, presented his request for a residential kennel license and suggested it is not fair to require a petition signed by 50% of residents within 500 feet because at least eight houses in that area are currently vacant. He stated they have a mixed family and three dogs, one that left for a while but is now back. Mr. Munsterman explained he misunderstood the Code requirement, thinking a kennel license was required for four dogs. He advised he purchased bark collars so the dogs bark or howl occasionally, but not all hours of the day as stated on the flyer. He advised the dogs are always indoors by 10:30 p.m., they installed asix-foot privacy fence, and he believes the flyer results in defamation of character since the statements are not factual nor brought to his attention. Mr. Munsterman advised of a recent issue, which they have tried to correct, and that they installed a new lock so the dogs cannot get out. He stated he shovels his neighbor's driveway and helps when asked so he does not understand the flyer's indication he is not "neighborly." He advised that people have tried to get his dogs to bark and howl and there are dogs a few doors away on either side of his house that also bark, but not excessively. He felt the flyer tried to • make his Weinmaraner sound vicious, which is not the case and he is afraid of harassment from these neighbors even if he gets rid of one dog. Steve Jungwirth, 2236 Pinewood Drive, stated he is a dog owner, believed the flyer to be disturbing, and had talked with Mr. Munsterman and found his dogs to be very friendly. He advised of two other dogs allowed to run loose in the neighborhood. Mr. Jungwirth stated he has not heard Munsterman's dogs barking while walking his dogs late at night, they have a gated fence, bark collars, and a right to have dogs. Mr. Jungwirth stated his intention to get a Weinmaraner and expressed concern that he will be harassed in the same manner. Cindy Palm, 2266 Terrace Drive, stated she is responsible for the flyer and sees no points that Mr. Munsterman can dispute. She stated that in 2006 Mr. Munsterman had two dogs that were well behaved; however, when they got the Weinmaraner it barked often and caused the other dogs to bark. It also tries to climb the fence, which scares her children and does not allow them to enjoy their back yard. She stated she told Mr. Munsterman in May of 2006 that the City's ordinance allowed only two dogs and he had talked about getting a bark collar three years ago, but just got it this week. Ms. Palm reviewed and commented on the past Police Department reports on the Munsterman's dogs. She stated they did erect a privacy fence but the dogs have torn down several sections, and several holes remain. She pointed out that none of the immediate residents signed the petition and if they did have requested their name be removed. She expressed concern that Mr. Munsterman will give one of his dogs to his dad, who lives close by, and the Weinmaraner would remain in the neighborhood. Ms. Palm stated her concern with the • Weinmaraner, the dogs being left outdoors during inclement weather conditions, and that three neighbors who have been bitten, unprovoked, by the Weinmaraner. She presented details of the Mounds View City Council February 23, 2009 Regular Meeting Page 3 • incident when Ms. Smith was bitten, unprovoked, by the Weinmaraner and expressed her fear that the Weinmaraner may bite her children while they play in their yard. Ms. Palm stated she understands Mr. Munsterman's commitment to the community, he is a good father, and has two wonderful sons, but this property is not large enough to handle three dogs and asked the Council to deny the kennel license and require the Weinmaraner to be removed from the neighborhood. John Bren, 2274 Terrace Drive, stated he lives north of the Munsterman property, and advised of the conditions under which the Weinmaraner bit him, unprovoked. He stated he loves dogs but his wife is terrified it will jump the fence. In addition, the Munstermans do not pick up the feces and in summertime, the odor is an overwhelming problem. He read information he found on the Internet about the Weinmaraner breed and stated his belief that a Weinmaraner is not a safe dog to have in the neighborhood. Mr. Bren stated there has been a lack of responsible dog ownership by the Munstermans and the kennel license should be denied. Brian Smith, 124 170' Avenue NW, Andover, stated his mother lives at 2265 Pinewood Drive and was bit by the Weinmaraner. He has seen the Weinmaraner trying to break boards out of the fence and has even grabbed his golf club before getting out of the car. He stated his mother has been friends with the Munstermans for years but believes the Weinmaraner has to go. Mildred Smith, 2265 Pinewood Drive, stated John Munsterman and his family has been good neighbors and his boys are good kids but the Weinmaraner bit her leg and it cost $190 on her • insurance with a $10 copay. She stated the Weinmaraner is a nuisance and she believes it may have been beaten before the Munstermans got it. Gloria Bren, 2274 Terrace Drive, stated they live behind the Munstermans and she can't work in her back yard garden because the dogs are barking, even with the bigger fence. She stated they are also clawing at the fence and she is afraid of the Weinmaraner. She stated she has brought a water hose with her when working in the garden so she could spray water on the dogs if they got over the fence. She stated she is upset she cannot enjoy her yard because of the dogs and odor. Debbie Krogstad, 4007 Glenhaven Lane, stated she is staying at 2273 Pinewood Drive. She explained when they got the dogs and asserted that during 2006, they only had two dogs because the six-month-old dog did not yet need a license. She advised they would be going to court on March 11, 2009, because of the mistake they made with licensing. Ms. Krogstad stated the Weinmaraner was kept indoors since it bit Ms. Smith so barking has not been a problem since then. She took exception to the statement that their dogs had been left outside during subzero weather, saying they were only let out for short periods of time. She stated she understands the concern about the odor and will clean the back yard in the spring. Ms. Krogstad said they are a busy family, do not neglect their dogs, and asked for a chance to prove these allegations are not true. John Bren, 2274 Terrace Drive, read another statement on the Weinmaraner breed indicating it requires strenuous exercise and stimulation, room to roam to release energy, and sufficient exercise so they do not bark excessively or become destructive. Mounds View City Council February 23, 2009 Regular Meeting Page 4 Steve Jungwirth, 2236 Pinewood Drive, stated his belief that those statements are totally false. Marcus Berry, 2273 Pinewood Drive, stated they love their dogs, play with them every chance they have, and clean the yard when told to do so. He stated he is sorry if it smells bad and will try to do a better job. Mr. Berry said if a dog is taken away, he does not know how he will be able to take it because they are special dogs he has had for three to four years. Hearing no additional public input, Mayor Flaherty closed the public hearing at 7:41 p.m. Council Member Mueller thanked all who attended to explain their positions to the Council. She stated she understands that pets can become like a family member so this is a tough decision to make but the Council must look at what the Code requires, which has a limit of two dogs. A third dog requires a kennel license and petition in support signed by 50% of the neighbors within a 500-foot radius and the Code does not allow any "wiggle room" for vacant houses. She stated that she cannot support the kennel license without the required signatures. Council Member Mueller noted that Ms. Palm had mentioned a solution to give one dog to another family member if they live close by. However, if the dogs are creating a situation of fear or loss of property enjoyment in the neighborhood, the kennel license must be denied. Council Member Hull stated vacant homes within the 500-foot radius are a disadvantage and asked what "registered homeowner" means. Assistant Clerk-Administrator Crane stated the Code clearly states the owner of the property must sign the petition. Council Member Hull stated perhaps the City should look at that Code requirement for this and other petition processes. Mayor Flaherty stated the properties do have an owner, but the owner may not live at that address. City Attorney Riggs agreed the property is owned and it is the same situation when the City is required to get a signature for something like an easements for road projects. Council Member Gunn stated the petition is short of signatures so it is null and void. She noted the Code states it has to be signed by more than 50% of all registered landowners within 500 feet but it does not state that everyone around them needs to sign the petition. Council Member Stigney stated that generally, there are two people in the house but one may agree while the other does not agree. He asked how that would be resolved. City Attorney Riggs stated that is a good question and it has not been resolved. Council Member Mueller asked whether the Munstermans would be able to obtain the signatures required if the matter is tabled for several weeks. Assistant Clerk-Administrator Crane advised that Mr. Munsterman has indicated he feels the petition is now tainted because of the flyer and has someone to take the Chocolate Lab. Council Member Mueller stated the Code does not indicate which dog must leave the property and she is inclined to table for two weeks to allow more time for the Munstermans to obtain the needed signatures. • Mounds View City Council February 23, 2009 Regular Meeting Page 5 • MOTION/SECOND: Mueller/Hull. To Postpone consideration of the matter for two weeks to allow the applicant to obtain the required signatures and if not successful the applicant will have to take the steps necessary to comply with City Code. Council Member Hull questioned the procedure taken when a dog bite occurs, noting the Police report indicates the Officer found the dog to be friendly and put the dog into the fenced yard. Police Chief Sommer advised that once a dog is classified as "vicious" there are State Statutes regulating what happens, depending on the number and severity of bites and the circumstances under which the dog bite occurred. Council Member Stigney stated he has no problem with postponing action except that a question remains whether the applicant has justified being responsible to have a kennel license. He reviewed the concerns expressed and stated if enough signatures are submitted to grant a kennel license, it would behoove the Council to add conditions to address those concerns. Council Member Mueller asked Brian Smith how frightened is his mother and the level of his concern about the Weinmaraner. Mr. Smith stated he had to take his mother to the emergency room and four trips to the doctor's office. The dog bite broke the skin and his mother is allergic to antibiotics. He noted it was 15 below zero that day and the Weinmaraner could have knocked her down. Mr. Smith stated his mother likes Munstermans and does not want to cause a problem for them. However, if the Weinmaraner is outdoors, she would be afraid of the dog. He noted that the other woman that was bitten by the Weinmaraner in his mother's back yard resulted in ripping her pants and that attack was totally unprovoked. Mayor Flaherty reported on this visit to the homes of Ms. Smith and Mr. Munsterman and that Mr. Munsterman understands the ramifications of not having enough signatures on the petition. He stated the bottom line is that the Code requires greater than 50% of the property owners within a 500-foot area to sign the petition and that requirement is not satisfied. Since Mr. Munsterman has indicated he cannot obtain enough signatures, one of the dogs will have to leave the property. Mayor Flaherty stated he is sorry because he knows how much the dogs mean to the boys. He stated that when he visited the property, two of the dogs did not bark until he knocked on the door. However, while waiting at the door, the Weinmaraner jumped at the window and Mr. Munsterman told him to wait until the dog was secured in another room. Mayor Flaherty stated to Millie Smith that he is sorry the dog she is afraid of, the Weinmaraner, will not leave the property and he hopes the neighbor's relationship is not fractured beyond repair. Ayes - 4 Nays -1 (Flaherty) Motion carried. Mayor Flaherty reminded Mr. Munsterman that one dog must leave the property and this item will be considered again at the March 9, 2009, Council meeting. B. Resolution 7414, Awarding a Construction Contract for the 2009-2010 Street . and Utility Improvement Project. Mounds View City Council February 23, 2009 Regular Meeting Page 6 Joe Rhein, Bonestroo, presented the 2009-2010 Street and Utility Improvement Project bids ranging from $3,948,859.33 to $4,736,316.90. Mr. Rhein stated there was good competition and the low bid was about 15% below the estimate. In addition, the price of oil and gas has dropped recently and is $75,000 lower than estimated. Staff is familiar with North Valley, Inc., and found them good to work with, they do quality work, and he has no hesitation recommending their low bid. Because the bid is lower than the engineer's estimate, there is no anticipated problem with cash flow. Mr. Rhein reviewed the Silver Lake Woods improvement, noting the total estimated construction cost is just under $200,000 not including attorney, engineer, or staff time costs. The agreement has a maximum amount of $415,000 so there is more than a 100% allowance between the construction costs and maximum allowed. Mr. Rhein presented the construction schedule and recommended that the Council consider adoption of the resolution to approve the low bid. Jim Baffin, 2332 Laport Drive, Citizen Task Force Member, and Street and Utilities Commissioner, thanked the Council and all citizens who put in a lot of time at meetings to hash out the details. MOTION/SECOND: Mueller/Gunn. To Waive the Reading and Adopt Resolution 7414, Awarding the Construction Contract for the 2009-2010 Street and Utility Improvement Project and Authorizing the Mayor and City Administrator to Execute said Documents. .Council Member Mueller stated she was thrilled that 13 bids were received, noting the difference between the highest bid was only 1 %. She thanked staff for their work and finding a way to fund this project with the levy limits in place, indicating she is excited this project is moving forward. Ayes - 5 Nays - 0 Motion carried. C. Resolution 7415, Establishing the Components of the Private Improvement Program in Conjunction with the Street and Utility Improvement Program. Joe Rhein, Bonestroo, explained it became apparent there are opportunities for improvements to private properties as part of the contract to assure the infrastructure is not damaged in the future. He stated the Council informally agreed with this concept at a Workshop meeting. Mr. Rhein presented examples of improvement opportunities that could be considered and presented the draft resolution requirements, summarized the points presented, and schedule of project cost. He also reviewed Exhibits A and B and explained the payment options available to residents. Because the costs are reasonable, staff recommends a down payment not be required. He presented the sliding scale suggested for the special assessments, depending on the level of assessment, as depicted in Schedule B. If approved, residents would receive notice of the March 19, 2009, preconstruction meeting and documents would be available regarding this program. In addition, staff would work with the City Attorney on the agreement document. MOTION/SECOND: Gunn/Mueller. To Waive the Readin and Adopt Resolution 7415, g Mounds View City Council February 23, 2009 Regular Meeting Page 7 '• Establishing the Components of the Private Improvement Program in Conjunction with the Street and Utility Improvement Program. Council Member Mueller put residents on notice that this project will start in the spring so they have time now to call contractors and get information. She asked whether the agreement would have a "safety net" and implied consent if a signature were not submitted to the City by a certain date. Mr. Rhein explained that the agreements will be handled administratively and needs to be signed and in place 24 hours prior to the start of construction. If a signed agreement is not in place, the work on private property would not occur. He explained that Staff would like to solicit interested residents to use this process to assure the new street and curb project do not need to be disturbed to complete improvements on private property. The Council discussed the option of requiring a $500 deposit if the improvement cost is assessed for 5 or 10 years. Finance Director Beer noted the City did not want to discourage anyone from using this option. Mr. Rhein stated the most common improvement is to widen the access and he does not think there will be so many sanitary sewer improvements that it affects the cash flow of this project. In response to Council Member Stigney's questions, Mr. Rhein stated there would be no cost to residents to match the existing driveway width and transition the driveway to the property line. If the property owner wants the new bituminous driveway all the way to the garage, they would have to enter into a private agreement with a contractor. Council Member Stigney suggested the process be looked at after the first part of the project is completed. Finance Director Beer stated the Council could modify the program at any time during the project. Mayor Flaherty suggested a threshold be established that if a certain percentage of properties take advantage of this option, raising a concern with cash flow, it would be cut off. Mr. Rhein suggested the threshold be established using a dollar amount rather than a percentage. Finance Director Beer recommended the maximum of $100,000. Council Member Stigney noted that private property improvements outside the project area are not addressed in the resolution. Mr. Rhein stated if an improvement comes up during the project, they would return with a revised resolution. He explained that anyone can talk with the City's contractor and pay them privately to do their driveway but that would be outside of the City's contract. The City can provide interested residents with the rate being paid for this project. Council Member Mueller asked if residents would need to obtain a City permit for driveway improvements on private property. Mr. Rhein stated they would if the improvement is outside this contract. • Finance Director Beer clarified that private improvements from the right-of--way to the garage will not be assessed and have to be paid by the property owner. Mounds View City Council February 23, 2009 Regular Meeting Page 8 • Council Member Hull asked if the $100,000 threshold needed to be included in the resolution. Finance Director Beer stated it does not need to be included and staff will alert the Council if the costs get close to that threshold. Council Member Mueller stated for the record the City has identified some residences within the project area that do have issues with their sewer, but only identified that problem up to the right- of-way line. Mr. Rhein stated that is correct and explained how the sewer mains are inspected. Mayor Flaherty stated property owners would be notified if there may be sewer issues. Mr. Rhein stated that is correct and all property owners will be noticed of the informational meeting plus a supplement notification if something was seen during the sewer inspection. Ayes - 5 Nays - 0 Motion carried. D. Resolution 7412, Approval to Hire Tyler Martin and Public Service Officer. Police Chief Sommer presented the draft resolution to authorize the hiring of Tyler Martin as Public Service Officer at a Step One rate of pay. Council Member Mueller asked if this is athree-quarter position or full-time position. Police Chief Sommer stated it started out at three-quarters and then the Council authorized additional Code enforcement during the summer so it went to a full time position during the summer. Council Member Hull asked if this position was being frozen until the budget was done. Clerk- Administrator Ericson explained the Council had the option of not filling this position but discussed and decided at a Work Session to fill this position due to needed Code enforcement and other responsibilities of this position. MOTION/SECOND: Gunn/Stigney. To Adopt Resolution 7412, Appointing Tyler Martin to the Position of Public Service Officer. Council Member Gunn read Resolution 7412 in full. Ayes - 5 Nays - 0 Motion carried. E. Resolution 7416, Authorization to Advertise and Hire Public Works Seasonal Employees for 2009. Assistant Clerk-Administrator Crane presented the draft resolution to authorize the hiring of eight seasonal Public Works employees. The 2009 salary would be no pay increase over 2008. Staff is also recommending the hiring of Bill Hanggi, who has a Class A water license and 33- year history of City employment, which would be a great asset during the upcoming street and . utility improvement project. His wage would be $13.25 per hour, the same as last year. Previous years the City has hired 10 seasonal workers, but staff reduced this request to eight this year. Mounds View City Council February 23, 2009 Regular Meeting Page 9 . MOTION/SECOND: Hull/Mueller. To Waive the Reading and Adopt Resolution 7416, Approving the 2009 Seasonal Public Works Positions. Finance Director Beer advised that each Public Works seasonal employee not hired saves the City $6,200. Council Member Stigney stated he has no problem waiving reading as long as the salary is indicated. Council Member Hull stated the salary for new hires starts at $11 per hour with the possibility of advancing to $11.50 after one month of satisfactory performance. Returning seasonal workers, along with the engineering intern, will be compensated at $11.75 per hour and Mr. Hanggi would be compensated at $13.25 per hour, the same as last year. Mayor Flaherty asked about the justification of eight seasonal workers and asked if the City could get by with six seasonal employees. Clerk-Administrator Ericson advised that staff looked at the tasks and work responsibilities performed. If reduced to fewer than eight, the level of services to residents would be reduced. Mayor Flaherty questioned the rationale to increase the salary for new hires from $11 to $11.50 after one month. Clerk-Administrator Ericson explained it is an incentive to remain after training. AMENDMENT MOTION/SECOND: Flaherty/Stigney (for discussion purposes). To amend Resolution 7416 to strike the increase to $11.50 after 30 days and keep the salary at $11 per hour. The Council discussed. whether new hires that are trained in May or early June might not stay with the position during hotter summer weather or apply at another city paying a higher salary. Mayor Flaherty stated he is looking at it based on the recession and he does not think people will quit and move to another position for 50 cents per hour. Finance Director Beer advised that this reduction would save about $3,200. Council Member Stigney stated he would follow the Mayor's lead if it saves Mounds View $3,200. Ayes - 4 Nays -1 (Gunn) Amendment motion carried. AMENDMENT MOTION/SECOND: Mueller/Hull. To amend Resolution 7416, Item 5, to say: "Each seasonal position will work up to 40 hours per week." Council Member Mueller explained that if there is a rainy week, the Public Works Supervisor should be able to send the seasonal workers home rather than guaranteeing them 40 hours per week. Mounds View City Council February 23, 2009 Regular Meeting Page 10 Clerk-Administrator Ericson offered a friendly amendment to change "will" to "may" to read: "Each seasonal position may work up to 40 hours per week." Council Member Mueller accepted the friendly amendment. Council Member Hull, as the second to the motion, accepted the friendly amendment. Ayes - 5 Nays - 0 Amendment motion carried. Council Member Gunn stated she supports the number of seasonal employees recommended because the Public Works staff will be involved with the upcoming street project. Ayes - 5 Nays - 0 Motion carried. F. First Reading of Ordinance 817, an Ordinance Amending Title 514 of the Mounds View City Code about Therapeutic Massage. Assistant Clerk-Administrator Crane presented the draft ordinance noting the revised language to require the business owner to continually be of good character and to comply with State Statute language. Council Member Stigney asked whether a license applicant is required to be a US resident or Minnesota resident. City Attorney Riggs stated staff would discuss that issue and bring back a recommendation prior to second reading. Council Member Stigney questioned the type of school certification that would be approved by the Clerk-Administrator. City Attorney Riggs explained staff would consider a community college with reputable certification. Council Member Stigney asked if on-line certification would be considered and suggested staff to look into this issue further to assure the standards are adequate. Clerk-Administrator Ericson stated that Council Member Stigney raises a good question and perhaps the recognized schools should be limited to those located in the United States or North America. He noted language indicating the need for 200 hours of certified massage training and suggested that be required prior to the license being issued. The Council agreed. Council Member Mueller asked whether background checks could be done beyond the State of Minnesota. Clerk-Administrator Ericson explained that such a background check would have to be requested individually from each State, probably with a fee for each. However, if the applicant held a license in another State, the City would contact that State in the background check. MOTION/SECOND: Mueller/Stigney. To Waive the First Reading of Ordinance 817, an Ordinance Amending Title 514 of the Mounds View City Code about Therapeutic Massage and direct the City Attorney and staff to research the concerns and questions raised tonight. Ayes - 5 Nays - 0 Motion carried. Mounds View City Council February 23, 2009 Regular Meeting Page 11 • G. Resolution 7411, Approving Transfers between Funds for 2008. Finance Director Beer presented the draft resolution to approve transfers between funds Council Member Mueller questioned the reasoning for the last three transfers listed relating to TIF Districts. Finance Director Beer explained the State Auditor had requested that expenditures line up with the budget, requiring the transfer. MOTION/SECOND: Gunn/Mueller. To Waive the Reading and Adopt Resolution 7411, Approving Transfers between Funds for the Year 2008. Ayes - 5 Nays - 0 Motion carried. H. Recess into Closed Executive Session after this City Council Meeting to Discuss Union Contract Negotiations and Attorney-Client Privilege/Threatened Litigation. Clerk-Administrator Ericson noted that at the conclusion of the agenda, the Council would recess into Closed Executive Session to discuss union contract negotiations and attorney-client privilege discussion on threatened litigation. At the end of the Closed Executive Session, the Council would be reconvened and adjourn. Council Member Stigney left the Chambers at 8:54 p.m. 8. CONSENT AGENDA A. Licenses for Approval. B. Resolution 7417, Accepting the 2003 Street Improvement Project and Authorizing Final Payment. MOTION/SECOND: Mueller/Hull. To Approve the Consent Agenda as Presented and Waive the Reading of Resolution. Ayes - 4 Nays - 0 Motion carried. Council Member Stigney was not present for the vote. 9. JUST AND CORRECT CLAIMS Mayor Flaherty referenced Page 1, All City Elevator, and noted it was to make a repair. Council Member Stigney returned to the Chambers at 9:51 p.m. • Council Member Mueller referenced Page 18, Uniforms Unlimited, for a taser supply expenditure. Finance Director Beer stated it is the cost to rearm a number of tasers. Mounds View City Council February 23, 2009 Regular Meeting Page 12 • MOTION/SECOND: Mueller/Hull. To Approve the Just and Correct Claims as Presented. Ayes - 5 Nays - 0 Motion carried. 10. APPROVAL OF MINUTES A. January 26, 2009 City Council Meeting Minutes. Council Member Gunn requested a correction to Page 3, line 25, to indicate: "...told by the State that LGA would be... Mayor Flaherty requested a correction to Page 3, Line 27, to change "Mayor Betzold" to "Mayor Flaherty." Council Member Stigney referenced Page 5 and requested that staff verify the title of Resolution 7404, stating he believed the action included hiring as well as creating an eligibility list to fill the police officer position. Council Member Hull requested a spelling correction on Page 5, Line 23, to the word "willing." Council Member Mueller requested a correction to Page 6, Line 44, to indicate: "can be considered at the next meeting" MOTION/SECOND: Flaherty/Mueller. To Approve the January 26, 2009 City Council Meeting Minutes as Corrected. Ayes - 5 Nays - 0 Motion carried. B. February 9, 2009 City Council Meeting Minutes. MOTION/SECOND: Gum~/Mueller. To Approve the February 9, 2009 City Council Meeting Minutes as Presented. Ayes - 5 Nays - 0 Motion carried. 11. REPORTS A. Reports of Mayor and Council. Council Member Gunn congratulated the Irondale girl's hockey team, announced their first game in the State tournament will be Thursday, February 26, 2009, at 11 a.m., and encouraged resident's support. Council Member Mueller announced a concerned citizens meeting on the Anoka County Blaine Airport to be held at the Spring Lake Park City Hall on Tuesday, February 24, 2009, starting at 7:00 p.m. Mounds View City Council February 23, 2009 Regular Meeting Page 13 Council Member Mueller announced a ribbon cutting ceremony at Bio Life Plasma Services Company, 2222 Wooddale Drive, on Monday, March 9, 2009. Council Member Mueller announced League workshops the Council and City staff will be attending. Council Member Mueller reported that on the League of Minnesota Cities seminar for experienced officials she attended and that Council Member Gunn had attended the newly elected official seminar. Mayor Flaherty reported on the meeting he and Clerk-Administrator Ericson attended with the mayors and city administrators from Arden Hills, Shoreview, Roseville, and New Brighton. B. Reports of Staff. 1. Community Development Department Annual Report. Community Development Director Roberts thanked staff for their contribution in the preparation of the Annual Report and provided a brief review of the Report, noting last year's statistics are included for comparison. Community Development Roberts also presented the major accomplishments and enforcement activity of the department. • 2. Mounds View Ci Council I Staff Retreat, Februa 28, 2009. t3' rY Assistant Clerk-Administrator Crane read the agenda items to be considered at the February 28, 2009, Council Retreat that will be held at Random Park and that the public is invited to attend. 3. 2008 Citizenship Award Reminder. Assistant Clerk-Administrator Crane reminded residents that the 2008 Citizenship Award nominations are due on Monday, March 20, 2009 at 4:30 p.m. Council Member Mueller suggested a wording change to indicate "current elected officials" instead of "recently elected officials." 4. Accelerate Street Project C. Finance Director Beer presented the option to accelerate Area C into Area B to take advantage of the favorable street project bid. He advised that if all years were accelerated, a cash flow issue would occur in 2016. He suggested a construction break be scheduled prior to the cash shortage or an internal or short-term borrowing option be considered to address that issue. Mayor Flaherty stated it makes sense to consider this recommendation as long as there is a future • break in projects and asked if Area B will be under construction shortly. City Engineer Rhein reviewed the project schedule and stated staff will return with a recommendation to hold the public hearing and officially order the project. Mounds View City Council February 23, 2009 Regular Meeting Page 14 • Council Member Mueller stated her support to combine the two projects, which will show progress and excite the community. City Engineer Rhein stated both are on the south side of CR10 and it is feasible to combine as a single project. The Council indicated support to pursue this recommendation and directed it to be placed on the March 9, 2009 Council agenda for consideration. 5. New Convention and Visitor's Bureau. Community Development Director Roberts advised that because of internal issues with the Minneapolis North Convention and Visitor's Bureau, four. cities located on the east side of the Mississippi River have decided to opt out and work with the National Sport Center to form a new Convention and Visitor's Bureau. Staff will keep the Council informed as details become available. C. Reports of City Attorney. C] Clerk-Administrator Ericson provided an update on the interviews for the Public Works Director position, advising there are two experienced candidates that staff would like to refer to the Council for consideration. Following discussion, Council consensus was reached to schedule a Special Workshop on Monday, March 2, at 6:00 p.m., to conduct Public Works Director interviews. Council requested staff provide a list of the questions already asked and questions that could be asked. Council Member Stigney requested staff also provide an explanation as to why a consensus was not reached at the staff level on one candidate to recommend. 12. Next Council Work Session: Next Council Meeting: Monday, March 2, 2009, at 7 p.m. Monday, March 9, 2009, at 7 p.m. 13. ADJOURNMENT MOTION/SECOND: Mueller/Stigney. To recess to a Closed Executive Session to discuss union contract negotiations and Attorney/Client privilege/threatened litigation. Ayes - 5 Nays - 0 Motion carried. • The meeting was recessed at 10:33 p.m. Transcribed by: Carla Wirth Timesaver Off Site Secretarial, Inc.