HomeMy WebLinkAboutMinutes - 2009/09/14PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL
CITY OF MOUNDS VIEW
RAMSEY COUNTY, MINNESOT
Regular Meeting
September 14, 2009
Mounds View City Hall
2401 Highway 10, Mounds View, MN 55112
7:02 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, September 14, 2009, City Council Agenda.
• MOTION/SECOND: Mueller/Hull. To approve the Monday, September 14, 2009, agenda as
revised to table Item 7E, Resolution 7496, Approving Position Description and Authorizing the
Advertisement for an Engineering/GIS Intern, until staff can provide additional details.
Ayes - 5 Nays - 0 Motion carried.
5. PUBLIC INPUT
None.
6. SPECIAL ORDER OF BUSINESS
A. Proclamation -The American Legion Day -September 16, 2009.
Mayor Flaherty read in full a proclamation declaring September 16, 2009, as American Legion
Day in the City of Mounds View.
B. Proclamation -Constitution Week -September 17-23, 2009.
Mayor Flaherty read in full a proclamation declaring September 17-23, 2009, as Constitution
Week in the City of Mounds View.
• Ann Esling, Daughters of the American Revolution, thanked the Council for its public service
and support of the Constitution and advised of qualifications to join their organization.
Mounds View City Council September 14, 2009
Regular Meeting Page 2
•
7. COUNCIL BUSINESS
A. Resolution 7494, Authorizing Certification of the Proposed General Fund
Budget and Property Tax Levy for Fiscal Year 2010.
Finance Director Beer reviewed the impact of unallotted LGA and the State levy cap. In
addition, the City's Charter cap formula allows fora 1 % levy increase. Finance Director Beer
presented the totals for the general fund levy and special levies, resulting in an increase of
$337,994 or 8.9% over 2009. He explained that State law requires the City to certify a proposed
2010 General Fund Budget and proposed 2010 property tax levy to Ramsey County by
September 15, 2009. Once set by the City Council, it can be lowered but not increased. Finance
Director Beer reviewed a sample impact of estimated taxes for a median home value in Mounds
View, noting an increase of $124.
William Werner, 2765 Sherwood Road, suggested the tax reduction fund be used to reduce taxes.
Finance Director Beer stated that fund contains $6.5 million and the Council has directed to
transfer and use $250,000 from the tax reduction fund.
Naja Werner, 2765 Sherwood Road, suggested expenses be cut, possibly including reduced staff
or frozen salaries. She felt there would be a long-term impact and expressed concern about the
City's high number of home foreclosures.
• Finance Director Beer presented three scenarios for use of the tax levy reduction fund, noting the
dates by which the fund would be depleted depending on the extent of the levy increase
approved.
Mr. Werner asked what the increase would be today without the levy reduction fund. Finance
Director Beer stated $250,000 would have to be added to the live.
Brian Amundsen, 3048 Wooddale Drive, referenced the 2010 budget summary and asked if the
total revenue increase was $470,000 in 2009. Finance Director Beer stated the grand total of
LGA was $642,000. Mr. Amundsen stated that in 2008 the actual was $5.6 million spent and in
2009 it goes to $6.1 million, or an increase of about 10%. Finance Director Beer noted that in
2008, LGA of $148,000 was unalloted by the State. Clerk-Administrator Ericson advised that a
10% increase was not anticipated because of the unallotment by the State.
Mr. Amundsen stated he felt it was appropriate that the 2010 projected budget was back to the
2008 level. He stated that in 2008, he had suggested the LGA money be put aside as "rainy day
money" and not be used. However, the City used the funds and now the State has unalloted those
funds. Mr. Amundsen noted that all are seeing decreases in family income and salaries yet the
government is having more needs and wanting more tax dollars. He suggested that the economic
dilemma would continue, possibly for several years. He felt it was appropriate now to use the
levy reduction fund, possibly heavily for the next two to three years. He urged the Council to
• keep expenses in check with the assumption there will be no additional revenues for several
years.
Mounds View City Council September 14, 2009
Regular Meeting Page 3
Mayor Flaherty stated the Council reduced expenditures by 6.71 % and they are considering what
will be done to maintain services when the levy reduction fund is depleted in 2018. He noted
that the level of services provided by the City to its citizens impacts the quality of life.
Clerk-Administrator Ericson noted the proposed budget is almost 8% less than the 2008 budget
and without using the levy reduction fund there would be a tax increase. He noted all
communities are facing this issue, but government spending is not continuing to increase in
Mounds View, and staff will continue to look for those reductions.
Mr. Amundsen stated he appreciates the impact of a lower net tax base and believes property
values will be lower, resulting in fewer taxes being received so staff cuts may needed or wages
frozen. He suggested addressing what will happen in the next two to three years with regard to
expected revenue and urged the use of the levy reduction fund instead of increasing the levy.
Mayor Flaherty explained that once certified, the levy amount could be lowered but not
increased. He stated this issue would be discussed from now until the December Truth in
Taxation meeting. Finance Director Beer stated that a 1 % increase in the levy would generate
$11 increase in property taxes on a median home and the lower tax capacity equals $39. He
explained that having no levy increases for the past five years has compounded the problem and
resulted in the City falling behind.
Council Member Hull asked how much principle would be used from the levy reduction fund.
Finance Director Beer estimated $40,000 to $50,000 depending on the rate of interest. Clerk-
Administrator Ericson stated when the TIF Districts retire it will bring back a significant portion
of tax base into the base levy. Unfortunately, the City remains limited in how much they may
increase the levy because of the Charter cap and possibly a State levy cap.
Mr. Amundsen stated the Charter levy cap language is CPI plus 2.5% so the Council has a 2.5%
opportunity to catch up. It was pointed out that the correct cap language if 2% plus CPI, or 5%,
whichever is less. Finance Director Beer restated that CPI was a negative 1 % so the maximum
under the levy cap would be less than 2.5%.
MOTION/SECOND: Mueller/Hull. To Waive the Reading and Adopt Resolution 7494,
Authorizing Certification of the Proposed General Fund Budget and Property Tax Levy for Fiscal
Year 2010.
AMENDMENT MOTION/SECOND: Stigney/Hull. To amend Resolution 7494 to remove the
1 % levy increase from the general fund.
Council Member Stigney thanked Mr. and Mrs. Werner and Mr. Amundsen for their comments.
He stated the City used to subsidize the golf course and the sale of that property has provided
money for the levy reduction fund. He stated that it is not known what the market values will be,
whether LGA will be unallotted, and the Council does not have a "crystal ball," but has a fixed
amount of money to subsidize City operations. Council Member Stigney suggested using that
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
project, which he did not support, cost $23,500 and is yet to be implemented and he believed it
was also a mistake to reduce the franchise fee.
Council Member Hull stated that the economy might be worse next year so if some funds are
taken now, the fund will be depleted sooner, leaving a "hole" in the budget. He agreed with
Mayor Flaherty that it would be best to use a little at a time.
Council Member Stigney stated the projections are unknown and next year the LGA may come
back. He noted that for now, the City has funds to offset a levy increase and when no funds are
available, then it can be addressed with the residents.
Council Member Hull explained that because of the number of unknowns, he wants to be even
more conservative in using the levy reduction fund.
Council Member Stigney stated no matter how it is spent, the fund would be exhausted
eventually. He stated staff and the Council have to examine expenditures each year but this year
the City has funds available.
Mayor Flaherty reviewed that when the levy reduction fund was first formed, it was the
prevailing opinion the fund had to be retained until 2032 when the Medtronic TIF district
expires.
Council Member Gunn reminded all that this action will set the maximum levy increase and the
Council has until December to decide whether to drop the percentage.
Council Member Mueller stated she does not support the amendment, noting that for the last four
to five years there has been a zero percent levy increase by using the levy reduction fund, which
was prudent because the principal was not used. This would be the first year that in spite of
reducing the levy back to 2008 numbers, utilizing funds those funds will dip into the principle.
She felt that a 1 % increase was a small price to pay to retain services enjoyed in the community.
Aye -1 (Stigney) Nays - 4 Amendment failed.
Council Member Stigney stated nothing was "cast in stone" to spend only the accrued interest
and not principal. He noted the CPI resulted in lowering the increase to 1 %; otherwise, the levy
increase would have been over 2%.
Ayes - 4 Nay - 1 (Stigney) Motion carried.
Mrs. Werner suggested the Council is establishing a precedence to increase the levy each year.
She complimented the City, staff, and contractors on the beautiful street project.
B. Resolution 7495, a Resolution Establishing Public Hearing Dates for the
Proposed General Fund Budget and Property Tax Levy for Fiscal Year 2010.
Mounds View City Council September 14, 2009
Regular Meeting Page 5
Finance Director Beer reviewed the staff report and recommended the Truth in Taxation public
hearing be held on Monday, December 7, 2009, and the continuation public hearing held on
Monday, December 14, 2009 as part of the regular Council meeting.
MOTION/SECOND: Gunn/Mueller. To Waive the Reading and Adopt Resolution 7495,
Establishing Public Hearing Dates for the Proposed General Fund Budget and Property Tax Levy
for Fiscal Year 2010.
Ayes - 5 Nays - 0 Motion carried.
C. First Reading and Introduction of Ordinance 828, Amending the Zoning
Code about Accessory Buildings.
Planning Associate Heller presented the draft ordinance to amend the Zoning Code with regard to
the definition of building height and various code provisions about accessory buildings.
Council Member Stigney noted language is not included to prevent tee-pee, chalet or quonset-
style rooflines. Mayor Flaherty asked staff to look into this matter before the second reading.
Council Member Mueller stated she checked with the manufactured housing management offices
and learned they have regulations to limit accessory buildings to be less than 250 square feet.
MOTION/SECOND: Gunn/Hull. To Waive the First Reading and Introduce Ordinance 828,
Amending Chapter 1102, 1104 and 1106 of the Mounds View Zoning Code about the definition
of building height and about various Code provisions about accessory buildings including height,
required accessory building separation distance, materials and exterior design.
Ayes - 5 Nays - 0 Motion carried.
D. First Reading and Introduction of Ordinance 832, Amending the Zoning
Code by Adding Daycares as an Allowed Accessory Use in Public and Semi-
Public Buildings.
Planning Associate Heller presented staff's recommendation to amend the Zoning Code to allow
child and adult daycare centers as an accessory or secondary use in R-1 zoning districts.
Council Member Mueller asked if "day care center" is solely for children. Planning Associate
Heller stated a new definition has been added and it would apply to adult day care.
MOTION/SECOND: Mueller/Stigney. To Waive the First Reading and Introduce Ordinance
832, Amending Chapter 1102 and 1106 of the Mounds View Zoning Code to allow child and
adult daycare centers as an accessory or secondary use in R-1 Zoning Districts in public or semi-
. public recreational buildings and neighborhood or community centers, public and private
educational institutions limited to elementary, junior high and senior high schools and religious
Mounds View City Council September 14, 2009
Regular Meeting Page 6
i institutions, such as churches, temples and synagogues.
Ayes - 5 Nays - 0 Motion carried.
E. Resolution 7496, Approving Position Description and Authorizing the
Advertisement for an Engineering/GIS Intern.
This item was removed upon adoption of the agenda.
F. Second Reading and Consideration of Ordinance 821, an Ordinance
Implementing a Business Registration Program.
Community Development Director Roberts stated Ordinance 821 would start a business
registration program. This was discussed at the last Work Session meeting and support was
indicated to register businesses and purchase data management software to increase efficiency.
George Winiecki, 2704 Northeast County Road 10, stated that Chamber President Tim Roche
was unable to attend and had asked him to speak on behalf of the Chamber as well. He stated
they are fully against the proposed Business Registration Program. He stated his appreciation for
the Council's efforts to keep costs down and that he is concerned with the State's budget
shortfalls in 2010, 2011, and 2012, making it vital to keep expenditures down.
• Brian Amundsen, 3048 Wooddale Drive, stated this program is duplicative, not needed, and
questioned the City's need for three databases.
MOTION/SECOND: Stigney/Gunn (for discussion). To Waive Second Reading and Adopt
Ordinance 821, Amending Title 500 (Business Licensing Regulations) and authorizing
publication in the Sun Focus by summary.
Council Member Stigney stated everyone has said this information is necessary for the City to
have and that it should be included in one database to increase staff efficiencies.
Council Member Mueller stated she understands the cost savings of having a combined database,
but does not favor the business registration program as proposed.
Council Member Gunn stated she supports having the software to improve gathering information
into a database but not the registration program. She suggested that information be gathered
during fire inspections instead of charging a fee for registration.
Mayor Flaherty stated he thought the fire inspection report could be more thorough to gather this
data. He stated the Council also could consider whether software is needed to combine the
databases. Mayor Flaherty stated he does not support a registration program.
Council Member Stigney asked whether staff's recommendation is skewed. Community
Development Director Roberts stated staff's original recommendation was supportive of the
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
the software, costing about $2,000, is in the 2010 budget. Council Member Stigney stated he
supports the program and if a Council Member does not support it, they can offer an amendment.
Aye - 1 (Stigney) Nays - 4 Motion failed.
MOTION/SECOND: Flaherty/Mueller. To Deny Second Reading of Ordinance 821, Amending
Title 500 (Business Licensing Regulations).
Council Member Stigney asked if the objection is the software program or method of gathering
data. Mayor Flaherty stated it is an objection to the method of gathering data. Council Member
Stigney stated this software package would gather the information.
Council Member Mueller stated the City requires certain businesses to register when getting
permits while others do not; however, the Fire Marshall inspects them every three to four years.
She believed a registration program for all City businesses would be time consuming for staff,
expensive to maintain, and not needed because it is redundant.
Ayes - 4 Nay -1 (Stigney) Motion carried.
•
•
G. First Reading and Introduction of Ordinance 835, Amending Title 500 of the
City Code Relating to Lawful Charitable Gambling.
Clerk-Administrator Ericson presented staff's recommendation for second reading and adoption
of Ordinance 835, which would amend Title 500 relating to lawful charitable gambling
requirements. He asked to what extent the Council wants to review exempt charitable gambling
licenses. The ordinance as drafted indicates that Council action is required for all premises
permits for charitable gambling licenses. He stated a new provision is also included to require
licensed organizations to pay 10% of its net charitable proceeds into a City fund.
Mark Casci, President of Lake Region Hockey Association, advised that due to the economy and
extreme State taxation, their Association has not raised many funds. He reviewed the level of
funding they had provided to youth hockey programs, scholarships, and registration hardship
cases, which has been greatly reduced. He stated they previously had two pull-tab sites with over
$6 million in gross receipts but now have four sites, less than $3 million in gross receipts, and
distributed less than $40,000 last year, and they are fully staffed by volunteers. He stated that last
year, the 10% fund for the City would have received $629 dollars from their operation.
Brian Amundsen, 3048 Wooddale Drive, noted that by the City Charter, the Council is the
administrator of the City, delegating to the Clerk-Administrator, and should be aware of activities
within the City. Clerk-Administrator Ericson explained that based on past action, the Council
has asked staff to bring forward all local permits not approved by the State of Minnesota. With
this Code amendment, the direction would become an explicit requirement.
Mary Ann Casci, Gambling Manager for Lake Region Hockey Association, explained the State
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
proceeds increase there is a much higher combined receipts tax so they usually have a loss during
the last four months of their license year. She asked the Council to consider a credit for the
months they post a loss, as done by the City of St. Paul.
Council Member Mueller noted the payment is being made once annually so she assumed
profitable and loss months would be offset. She asked whether the annual $100 fee covers staff
costs for the inspection and background check. Assistant City Clerk-Administrator Crane stated
it depends on whether the background investigation takes place in Minnesota or out-of-state.
Council Member Mueller asked whether activities like a quilt auction or bingo, and youth
organizations will need such a permit. Assistant City Clerk-Administrator Crane answered in the
affirmative, noting it is a yearly application process.
Clerk-Administrator Ericson asked for direction on the local permits (exempted by State Statute)
being approved by the City Council and the 10% fund. He advised that sometimes scheduling a
local permit (i.e., quilt auction) for Council consideration caused a time constraint.
Council Member Stigney questioned whether a local investigation is needed. Assistant City
Clerk-Administrator Crane stated it may not be needed but investigations are conducted and the
fee covers that cost. Council Member Stigney questioned what other cities do with regard to
investigation of local permits.
• Council Member Mueller asked if there is a dollar threshold in the City Code that would preclude
the need for a local permit. Assistant City Clerk-Administrator Crane stated for raffles it is a
$50,000 top prize and the other threshold is $1,500. Clerk-Administrator Ericson stated the
Council could adopt a dollar threshold for raffles under which a local permit is not required. Or,
all local permit approvals could be eliminated and only require a registration so the Council is
informed of the event.
Mayor Flaherty stated he does not want to require a $100 permit for local churches to raffle a
quilt as a fundraiser. He stated he does not think it is unreasonable to establish a 10% fund to do
business in Mounds View but, perhaps, 5% is more palatable.
Clerk-Administrator Ericson suggested staff conduct additional research to obtain answers for
Council's questions.
MOTION/SECOND: Stigney/Mueller. To Postpone Consideration of Ordinance 835,
Amending Title 500 of the Mounds View City Code by Creating a new Chapter 518 regulating
Lawful Gambling and amending Title 500, Section 502.13 and 503.09, to be consistent with the
new Chapter 518 for further staff research and discussion at the October Work Session.
Ayes - 5 Nays - 0 Motion carried.
H. First Reading and Introduction of Ordinance 834, Amending Chapter 504 of
the City Code about Transient Merchants, Peddlers and Solicitors.
Mounds View City Council September 14, 2009
Regular Meeting Page 9
•
Clerk-Administrator Ericson presented staff's recommendation for first reading and introduction
of Ordinance 834, which would correct deficiencies and make revisions to be consistent with
Minnesota Statutes and recent rulings about Constitutional first amendment issues. He noted the
revised ordinance provides clear direction to define the process and advised that Ramsey County
had suggested several language revisions, which will be made.
Brian Amundsen, 3048 Wooddale Drive, asked whether this ordinance would apply to those who
circulate a petition for signature. Clerk-Administrator Ericson stated they are explicitly
exempted. Mr. Amundsen asked if school boosters, high school marching band, Cub Scouts, and
food drive solicitations are also exempted. Clerk-Administrator Ericson stated people have the
first amendment right to ask for donations to support a cause that is not considered a commercial
operation. Staff is clarifying questions raised about the need for organizations like the Boy
Scouts and Girl Scouts to obtain a permit.
Council Member Stigney asked whether apre-solicitor who is trying to schedule a future meeting
for an estimate needs a permit. Assistant Clerk-Administrator Crane stated she would
recommend a permit and background check if a resident is inviting them into their home.
Clerk-Administrator Ericson stated staff would work with the City Attorney's office to improve
the language and definitions before second reading.
Council Member Mueller asked whether the age of the solicitor has standing in a legal binding
contract with the person making the purchase.
Assistant Clerk-Administrator Crane reminded the Council that under State Statutes, the Election
Law also has bearing on politicians campaigning door-to-door.
MOTION/SECOND: Stigney/Mueller. To Waive the First Reading and Introduce Ordinance
834, Amending Title 500, Chapter 504, of the Mounds View City Code regulating Peddlers,
Solicitors, Transient Merchants, Non-Commercial Door to Door Advocates, and Similar Situated
Persons, and direct staff conduct further research on questions raised during discussion.
Ayes - 5 Nays - 0 Motion carried.
I. Resolution 7497, Authorizing a Step Increase for Brett Brisbois, Public
Works Maintenance.
Assistant Clerk-Administrator Crane presented the recommendation of Steve Dazenski,
supervisor of Brett Brisbois, that Mr. Brisbois receive a step increase wage adjustment consistent
with the Mounds View Personnel Manual and Public Works Bargaining Unit contract. Assistant
Clerk-Administrator Crane read Resolution 7497 in full.
Council Member Stigney asked how Level B and C correlate to the five-step program. Assistant
Clerk-Administrator Crane stated in accordance with the union contract, there are Levels A, B
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
employee went from Level B to Level C based on three years of service and required licensing.
Tom Winiecki, 2748 Shrerwood Road, stated his wages are frozen for two years and asked
whether a change from Level B to C results in an increase in wages, or increase in position at the
same rate of pay. Mayor Flaherty explained this involves a union contract and step increase
based on performance but no cost of living increase.
MOTION/SECOND: Gunn/Hull. To Waive the Reading and Adopt Resolution 7497,
Approving Step /Longevity Adjustment.
Ayes - 5 Nays - 0 Motion carried.
8. CONSENT AGENDA
Mayor Flaherty asked to remove Item 8D. Council Member Mueller asked to remove Item 8E.
A. Licenses for Approval.
B. Set a Public Hearing for Monday, September 28, 2009, at 7:05 p.m. for the
Second Reading and Adoption of Ordinance 828, Amending the Zoning Code
about Accessory Buildings.
C. Set a Public Hearing for Monday, September 28, 2009 at 7:10 p.m. for the
Second Reading and Adoption of Ordinance 832, Amending the Zoning Code
by Adding Daycares as an Allowed Accessory Use in Public and Semi-Public
Buildings.
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F. Resolution 7499, Appointing City Representatives to the Metropolitan
Airports Commission's Anoka County/Blaine Airport Advisory Commission.
G. Resolution 7500, Approving Design Configuration for Springview Lane.
MOTION/SECOND: Gunn/Mueller. To Approve the Consent Agenda Items A, B, C, F and G.
Ayes - 5 Nays - 0 Motion carried.
D. Resolution 7498, Accepting a Donation of a Nikon Digital Camera and
Digital Media Memory Card for the Community Center Event Department.
Mayor Flaherty stated he wanted to go on record to thank this anonymous resident for such a
generous donation.
Mounds View City Council September 14, 2009
Regular Meeting Page 11
•
MOTION/SECOND: Flaherty/Stigney. To Waive the Reading and Adopt Resolution 7498,
Accepting a Donation of a Nikon Digital Camera and Digital Media Memory Card.
Ayes - 5 Nays - 0 Motion carried.
E. Resolution 7492, Authorizing the Mounds View Police Department to Enter
into a Grant Agreement with the Minnesota Department of Public Safety,
Office of Traffic Safety for the Safe and Sober Project from October 1, 2009,
through September 30, 2010.
Council Member Mueller stated her appreciation to Police Chief Sommer for writing and
submitting this grant application to provide additional patrol, which involved a $24,000 grant.
MOTION/SECOND: Mueller/Stigney. To Waive the Reading and Adopt Resolution 7492,
Authorizing the Mounds View Police Department to Enter into a Grant Agreement with the
Minnesota Department of Public Safety, Office of Traffic Safety for the Safe and Sober Project
from October 1, 2009, through September 30, 2010.
Mayor Flaherty added his appreciation and thanked Police Chief Sommer.
Ayes-5
Nays - 0 Motion carried.
9. JUST AND CORRECT CLAIMS
Mayor Flaherty referenced Page 1, a seminar paid from the General Fund. Clerk-Administrator
Ericson stated it involved an input error and seminar was attendance by several staff members.
Mayor Flaherty referenced Page 3, Joint Powers Agreement for Forester, noting it is the last
payment of the year. Clerk-Administrator Ericson advised the City of New Brighton intends to
fill this position late in the first quarter or second quarter of 2010.
MOTION/SECOND: Mueller/Gunn. To Approve the Just and Correct Claims as Presented.
Ayes - 5 Nays - 0 Motion carried.
10. APPROVAL OF MINUTES
A. August 10, 2009, City Council Meeting Minutes.
MOTION/SECOND: Mueller/Hull. To Approve the August 10, 2009, City Council Meeting
Minutes as corrected on Page 7, Line 35, "...understood the setback to be parallel to the front of
Fedors..." and Line 39 to indicate "Leon Theis, applicant..."
Ayes - 5 Nays - 0 Motion carried.
B. August 24, 2009, City Council Meeting Minutes.
Mounds View City Council September 14, 2009
Regular Meeting Page 12
MOTIONlSECOND: Gunn/Mueller. To Approve the August 24, 2009, City Council Meeting
Minutes as Submitted.
Ayes - 5 Nays - 0 Motion carried.
11. REPORTS
A. Reports of Mayor and Council.
Council Member Mueller reported on a recent Irondale High School football game and
encouraged residents to support high school sports.
B. Reports of Staff.
1. Police Department Quarterly Report.
Police Chief Sommer presented the Police Department quarterly report, advising of offences and
crimes, arrests, calls for service, as well as a six-year comparison of theft reports. He noted the
summary report from the Edgewood Middle School resource officer that included a Pinewood
Elementary DARE graduation of over 100 students. Police Chief Sommer noted information on
training undertaken by officers and the Safe and Sober Operation Nightcap.
Mayor Flaherty noted the Operation Nightcap operations have to be published so people are
aware it will be occurring and reviewed the number of arrests made and vehicles towed.
Council Member Mueller asked when the seatbelt law took effect and number of traffic stops and
fines administered. Police Chief Sommer explained the law changed to make it a primary
offense in August of 2009.
Brian Amundsen, 3048 Wooddale Drive, asked if the report contains information on registered
sexual predators moving into Mounds View during the last quarter. Police Chief Sommer
explained the notification requirements, depending on the level of offender. He advised that
some information is private, some public, and there are no Level 3 offenders in Mounds View
that would require public notification. Schools and daycares have been made aware of Level 2
offenders.
Harvey Kowalzek, 2756 Sherwood Road, asked about motorcyclists wearing a helmet. Police
Chief Sommer stated there are laws pertaining to motorcyclists, and while the helmet law has
gone back and forth, there is not currently a law to require a helmet.
Mr. Kowalzek explained why he is upset about aditch/rain garden in front of his house and that
City staff looked at it and agreed to change it in some way. However, he will have to "live with
it," maintain it, and thinks it lowers his property value. Mayor Flaherty stated public meetings
and informational meetings were held, with published and mailed notice, on the location of
infiltration ponds. Public Works Director DeBar stated staff has looked at this infiltration pond
and there is some room to revise the plan and find common ground.
Mounds View City Council September 14, 2009
Regular Meeting Page 13
2. Schedule Update for Area B/C of the Street and Utility Improvement
Program.
Joe Rhein, Consulting Engineer with Bonestroo, provided an update on the project schedule for
the 2010 Street and Utility Improvement Project for Area C. Because a majority of the project
design for Edgewood Drive needs to be completed prior to submittal of the Rice Creek
Watershed District permit application, it is anticipated that application could be submitted for
their January 27, 2010 meeting. This would delay other project activities such as the bid opening
and contract award by approximately one month. However, staff believes the construction start
date for the project could remain as shown in the original schedule.
Mayor Flaherty stated the key dates are construction start and completion so he has no objection
to the modified project schedule.
Council Member Hull asked what delayed the schedule. Mr. Rhein explained the design of
Edgewood Drive involved public meetings and the design is taking longer than anticipated.
Rather than making assumptions on its design, staff would prefer to wait for Council's decision.
Council Member Mueller stated her support for the modified project schedule instead of using a
tentative plan for Edgewood Drive that may have to be reworked.
Mayor Flaherty thanked Clerk-Administrator Ericson for making application for the America
Crown Communities Award, a national award to recognize work on the City's infrastructure.
Clerk-Administrator Ericson stated the application was submitted last week and an
announcement will be made in November.
Clerk-Administrator Ericson referenced a recent StarTribune article regarding budget and levy
issues being dealt with by all communities. He reviewed the areas being considered for cuts and
reductions and stated staff will continue to explore those challenging considerations.
Clerk-Administrator Ericson advised that resident submitted information about what New Hope
has done to lower the threshold for noise abatement and may attend the next meeting to address
that issue.
C. Reports of City Attorney.
Noted.
12. Next Council Work Session:
Next Council Meeting:
Monday, October 5, 2009, at 7 p.m.
Monday, September 28, 2009, at 7 p.m.
13. ADJOURNMENT
S The meeting was adjourned at 10:18 p.m.
Mounds View City Council
September 14, 2009
Regular Meeting Page 14
• Transcribed by:
Carla Wirth, Timesaver Off Site Secretarial, Inc.
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