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HomeMy WebLinkAboutMinutes - 2009/11/23PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting November 23, 2009 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 7:05 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, November 23, 2009, City Council Agenda. City Attorney Riggs noted the Council had met in closed session at 6:00 p.m. for client attorney discussion regarding litigation, which ended just before 7:00 p.m. The closed session scheduled for 6:45 p.m. to discuss union and labor negotiations was not held. City Attorney Riggs recommended the Council amend the agenda to add Item 7G, Schedule an Executive Session of the Council Immediately Following the Conclusion of the Regular Council Meeting to Discuss Labor and Union Negotiations. The Council will adjourn from within that meeting. MOTION/SECOND: Mueller/Hull. To approve the Monday, November 23, 2009, agenda as revised to add Item G as indicated above. Ayes – 5 Nays – 0 Motion carried. 5. PUBLIC INPUT None. 6. SPECIAL ORDER OF BUSINESS None. 7. COUNCIL BUSINESS A. 7:05 p.m. Public Hearing, Resolution 7530, Approving the 2010 Mounds View Fee Schedule. Mounds View City Council November 23, 2009 Regular Meeting Page 2 Assistant Clerk-Administrator Crane presented staff’s recommendation to adopt the 2010 Fee Schedule, which was reviewed at the Council’s November Work Session meeting. She noted the changes from the 2009 Fee Schedule are highlighted in red and blue and if approved, would go into effect on January 1, 2010. Mayor Flaherty opened the public hearing at 7:09 p.m. Hearing no public input, Mayor Flaherty closed the public hearing at 7:09 p.m. Council Member Mueller asked how the fee schedule will be made available to the public. Assistant Clerk-Administrator Crane stated once finalized, the fees will be posted on the City’s website and copies made available at the front counter of City Hall. Council Member Stigney referenced a recent newspaper article indicating the St. Anthony Council will be adopting tiered sewer and water rates starting at $2.60 per 1,000 gallons. He noted Mounds View’s water rate starts at $1.60 per 1,000 gallons, quite a wide discrepancy. Finance Director Beer advised that Mounds View’s rate is based on use and will not ever get to that level. He explained that some cities use a base fee to support the entire system plus a variable fee and Mounds View can look at that option in the future. Council Member Stigney questioned the wide discrepancy between the St. Anthony and Mounds View water charges. Finance Director Beer stated he is unable to determine why there is such a difference without looking at their financials; however, St. Anthony may be purchasing water from Minneapolis. He stated his recommendation that the Mounds View rate for water is appropriate and the City’s rates will not be increased more than necessary. MOTION/SECOND: Gunn/Mueller. To Waive the Reading and Adopt Resolution 7530, Adopting the 2010 Fee Schedule. Mayor Flaherty stated this is the third time the Council has considered fees and he is satisfied with the schedule. Ayes – 5 Nays – 0 Motion carried. B. Resolution 7527, Approving a Joint Powers Agreement with the City of Spring Lake Park Concerning the Operation and Management of Lakeside Lions Park. Clerk-Administrator Ericson explained Mounds View and Spring Lake Park have been jointly operating Lakeside Lions Park since the 1980s, the ownership of which was transferred to both cities in 1983 with the stipulation that the land always be used for park and playground purposes. He presented staff’s recommendation to enter into a Joint Powers Agreement (JPA) with Spring Lake Park to formalize responsibilities for the operation of the park. Kennedy & Graven drafted the first JPA, it was reviewed and slightly amended by Spring Lake Park, and is now before the Council for action. Mounds View City Council November 23, 2009 Regular Meeting Page 3 Council Member Mueller referenced Section 1, definition of responsibilities, and asked for verification that this JPA will not increase any of Mounds View’s responsibilities. Clerk- Administrator Ericson confirmed the City’s responsibilities would not be are not increasing at all. Finance Director Beer stated this JPA was drafted based on previous documentation. Council Member Stigney questioned the reference under joint responsibilities to “the park fund.” Clerk-Administrator Ericson clarified that the city has there is a separate Lakeside Park Fund. MOTION/SECOND: Gunn/Hull. To Waive the Reading and Adopt Resolution 7527, Approving a Joint Powers Agreement with the City of Spring Lake Park Concerning the Operation and Management of Lakeside Lions Park. Council Member Mueller noted that the City of Spring Lake Park reviewed and approved this JPA at their November 16, 2009 meeting. Mayor Flaherty stated this JPA will formalize each city’s responsibilities and is an appropriate document. Ayes – 5 Nays – 0 Motion carried. C. Resolution 7528, Approving a Step Increase for Officer Kirsten Lafean of the Mounds View Police Department. Assistant Clerk-Administrator Crane presented Sgt. Menard’s finding that Police Officer Kirsten Lafean has satisfactorily performed in the capacity of her position and recommendation to approve a step increase wage adjustment consistent with the LELS Police Officers Union Contract. Assistant Clerk-Administrator Crane read Resolution 7528. Mayor Flaherty noted this officer was hired on June 1, 2009, and is still in the probationary period. Assistant Clerk-Administrator Crane stated that is correct and in accordance with the union contract, Officer Lafean is due a six-month wage increase. MOTION/SECOND: Mueller/Gunn. To Waive the Reading and Adopt Resolution 7528, Approving Step/Longevity Adjustment. Council Member Mueller stated that while Officer Lafean was still in the training phase and accompanied by another officer, she responded to a neighborhood police call and did a very good job in mediating a difficult situation. She thanked Officer Lafean for being part of the team. Ayes – 5 Nays – 0 Motion carried. D. Resolution 7526, Approving the 2010 SCORE Recycling Grant Request to Ramsey County. Assistant Clerk-Administrator Crane presented staff’s recommendation to approve a resolution authorizing the City to make application to Ramsey County for a 2010 SCORE grant to fund 2010 recycling activities, projected to be $26,545. Mounds View City Council November 23, 2009 Regular Meeting Page 4 Council Member Stigney referenced the grant form that requires details of activities and expenses. Assistant Clerk-Administrator Crane stated staff will submit a list of those activities. Council Member Mueller asked if the City uses part of this grant for Mounds View Clean Up Day. Assistant Clerk-Administrator Crane answered in the affirmative. Mayor Flaherty stated this is a good grant to help with the City’s Clean Up Day. It was noted the City has been receiving this grant for about 15 years. MOTION/SECOND: Mueller/Stigney. To Waive the Reading and Adopt Resolution 7526, Approving the 2010 SCORE Recycling Grant request to Ramsey County. Ayes – 5 Nays – 0 Motion carried. E. First Reading of Ordinance 839, an Ordinance Amending Section 7.05 of the Mounds View City Charter Relating to the Five-year Financial Plan. Assistant Clerk-Administrator Crane presented the recommendation of the Charter Commission to revise Section 7.05 of the Mounds View City Charter to require the Five-year Financial Plan be adopted by resolution instead of ordinance. If approved, the public hearing for second reading and adoption of this ordinance will be scheduled for Monday, December 14, 2009, at 7:05 p.m. Council Member Mueller asked if adoption by an ordinance instead of resolution would prevent members of the community from being able to petition a change to the Five-year Financial Plan. Clerk-Administrator Ericson stated the Charter Commission discussed that issue and it was not their intent that it be subject to a petition. He noted the Five-year Financial Plan is not a legislative action, but a working administrative document, and the budget and levy are not adopted or set by ordinance. City Attorney Riggs advised that initiatives are only available for legislative actions and adoption of the Five-year Financial Plan is better suited to a resolution. He offered language that would assure it is not thought that every ordinance is adopted after public hearings. Barbara Thomas, Charter Commission Secretary, explained the language was intended to be left ambiguous to allow more freedom should staff decide to adopt by ordinance in the future, as long as there is public input. She stated the Charter Commission meets again next week and can consider the language being suggested by City Attorney Riggs. Finance Director Beer noted an “s” was added to “public hearing” and asked if it was the intent to hold two formal public hearings. Ms. Thomas stated it is not intended to reflect multiple public hearings, but that this is an on-going regular occurrence. MOTION/SECOND: Stigney/Mueller. To Waive the First Reading of Ordinance 839, Amending Section 7.05 of the Mounds View City Charter relating to the Five-Year Financial Plan. Mounds View City Council November 23, 2009 Regular Meeting Page 5 Council Member Mueller thanked the Charter Commission for this recommendation and Chair Thomas for her attendance tonight. Mayor Flaherty asked what is on the Charter Commission’s agenda. Ms. Thomas stated there will be additional discussion on this matter, amendments to Chapter 8, and completion of the year end summary letter to the court. She reported there are four open seats on the Charter Commission and one new member will be joining them, perhaps next month. Ayes – 5 Nays – 0 Motion carried. F. Resolution 7531, Approving the Revised YMCA Agreement. Clerk-Administrator Ericson reviewed the Council’s past consideration of the YMCA agreement, including discussion at the November Work Session meeting. He presented the staff report that described all of the changes made, at the Council’s direction, since the November Work Session meeting. Clerk-Administrator Ericson stated that staff feels this document is ready for consideration but it can be deferred should the Council request additional changes or discussion. Council Member Gunn stated the JPA with Spring Lake Park for Lakeside Park addresses the employment process and job classification for life guards, yet this agreement removes those references since the beach has been closed for years. Clerk-Administrator Ericson explained that it does not hurt to include that language in case the beach opens in the future or it can be removed, at the Council’s direction. Council Member Gunn stated the revised YMCA agreement does a good job in spelling out responsibilities. Council Member Mueller requested an explanation regarding surplus revenues. Clerk- Administrator Ericson explained that at the end of the year, an analysis is done of all program fee revenues. Those dollars are totaled, the YMCA deducts its administrative costs, and the surplus left over is divided according to this agreement. The agreement clarifies that the first $25,000 of any surplus goes to the City. Council Member Mueller referenced Exhibit 5, procedure for handling complaints, and asked which paragraph would be applicable if there was a complaint from an event booked at the Event Center portion of the YMCA. Clerk-Administrator Ericson explained that a complaint related to the facility or staff would be addressed by his office and involve discussion with the Event Center Coordinator and, if necessary, YMCA staff. Council Member Mueller noted two YMCA staff members have to be on duty at the close and asked if that also applies to events at the Event Center. Clerk-Administrator Ericson stated it does not but it is required for staff to be present so it may be necessary for the client to hire security or additional staff. Mayor Flaherty asked about the requirement for notification by the YMCA to pre-registrants if an event is canceled. Council Member Mueller pointed out that Page 5, item 28, addresses the cancellation policy and the notification process could be included. The Council agreed. Mayor Flaherty referenced Page 4 and asked if there are restrictions on the type of clothing that Mounds View City Council November 23, 2009 Regular Meeting Page 6 the YMCA is allowed to sell. Clerk-Administrator Ericson stated the intent was for YMCA or community gear. Council Member Mueller suggested inclusion of the words “offer City approved merchandise.” The Council agreed. Council Member Stigney asked if the YMCA Advisory Committee has the authority to fund things like promotions. Clerk-Administrator Ericson stated the document requires the YMCA to create a marketing plan for the facility and programs to assure the information is being advertised in some fashion. However, the Advisory Commission does not have the ability to authorize funding of this marketing plan. The cost for marketing comes from what the City pays the YMCA to administer the recreation programs. MOTION/SECOND: Mueller/Hull. To Waive the Reading and Adopt Resolution 7531, Approving the Mounds View Community Center, Parks and Recreation Management Agreement with the YMCA of Greater St. Paul, as revised this evening. Ayes – 5 Nays – 0 Motion carried. G. Schedule an Executive Session of the Council Immediately Following the Conclusion of the Regular Council Meeting to Discuss Labor and Union Negotiations. Mayor Flaherty announced that at the conclusion of the agenda, the Council would recess into Closed Executive Session to discuss labor and union negotiations. The Council meeting would be adjourned at the end of the Executive Session. 8. CONSENT AGENDA Council Member Stigney asked to remove Item B for clarification. A. Schedule a Public Hearing for Monday, December 14, 2009, at 7:05 p.m., for a Second Reading on Ordinance 839, an Ordinance Amending Section 7.05 of the Mounds View City Charter Pertaining to the Five-Year Financial Plan. B. Resolution 7529, Appointing an Alternate City Representative, Finance Director Mark Beer, to the North Suburban Communications Commission (NSCC). MOTION/SECOND: Mueller/Stigney. To Approve the Consent Agenda, Item A. Ayes – 5 Nays – 0 Motion carried. B. Resolution 7529, Appointing an Alternate City Representative, Finance Director Mark Beer, to the North Suburban Communications Commission (NSCC). Mounds View City Council November 23, 2009 Regular Meeting Page 7 Council Member Stigney stated the NSCC is a consortium of ten communities and asked what its basic purpose is. Finance Director Beer stated it is to administer the franchise by the terms of the contract. Council Member Stigney noted that the other communities are represented by Mayors and Council Members or volunteers. He stated concern with appointing a City staff member because of the compensation involved and asked how often Finance Director Beer would be attending. Finance Director Beer estimated he would attend two meetings. Council Member Stigney asked if no one else on the Cable Commission or in the community was interested in serving. Finance Director Beer stated he does not know but the alternate, a community member, is no longer able to serve in that capacity. Clerk-Administrator Ericson stated he understands Council Member Stigney’s reservation but it is important to appoint an elected official or department head to assure the City’s interests are being adequately represented. He explained that Barbara Haake, the current representative, has unique qualifications and is a good City representative. Mayor Flaherty stated the alternate could be a current Cable Commissioner. Council Members Gunn and Mueller doubted anyone on the Cable Commission would volunteer. Finance Director Beer advised that the next meeting is December 3, 2009, when the budget will be approved. Assistant Clerk-Administrator Crane explained that Ms. Haake is not able to attend the December and January meetings and had recommended Finance Director Beer because of his expertise and past involvement with franchise fees. She stated if someone is not appointed, Mounds View will not be represented when the budget is approved. Council Member Stigney suggested the interim appointment of Finance Director Beer if he does not need a lot of preparation time to attend the December 3, 2009, meeting. Then the Cable Commission can be asked for a volunteer for the January meeting. If a volunteer is not forthcoming from the Cable Commission, then the vacancy can be advertised to the community. The Council agreed. Assistant Clerk-Administrator Crane explained that the NSCC requires a resolution to appoint an alternate. City Attorney Riggs agreed the resolution is needed to assure Finance Director Beer has the authority to represent Mounds View at the December meeting. MOTION/SECOND: Gunn/Stigney. To Waive the Reading and Adopt Resolution 7529, Appointing a City Representative to the North Suburban Communications Commission (NSCC), correcting the date of adoption, and directing staff to place this matter on the December 14, 2009, Council agenda. Ayes – 5 Nays – 0 Motion carried. 9. JUST AND CORRECT CLAIMS Mounds View City Council November 23, 2009 Regular Meeting Page 8 Finance Director Beer answered the Council's questions related to claims. Council Member Stigney asked Finance Director Beer to provide additional information on the claim for a large- sized drill bit. MOTION/SECOND: Mueller/Hull. To Approve the Just and Correct Claims as Presented. Ayes – 5 Nays – 0 Motion carried. 10. APPROVAL OF MINUTES None. 11. REPORTS A. Reports of Mayor and Council. Council Member Stigney commented on the Chamber of Commerce newsletter article listing Mounds View attractions as being MultiTech and Sysco but no mention of MedTronic. When asked, Chamber staff indicated there was not enough space to include mention of MedTronic. Council Member Mueller announced that the Winter edition of Mounds View Matters is available, reviewed information it contains, and how a copy can be obtained. Mayor Flaherty mentioned the locations where copies are available. B. Reports of Staff. 1. EDA to Consider Calling Bonds. Finance Director Beer explained this item relates to the Tax Increment Revenue Bonds of 2001 that were issued on behalf of Mounds Vista, Inc. (The Mermaid) for the hotel redevelopment at 2200 County Highway 10. The EDA issued $815,000 of bonds that were callable any time after August 1, 2008. With the potential sale pending on the hotel portion of the property, staff deferred recommending any action on the bonds at that time. The hotel has since been sold. Finance Director Beer advised the outstanding balance to be called is $345,000. He explained that if the EDA were to redeem these bonds, it would save $46,950 in interest, $7,590 in trustee fees, and the amount of interest earnings lost would be $16,800, resulting in a net savings of $37,740. He advised that calling the bonds would not affect the financing of the street programs. Council Member Mueller noted the report indicates a loss of $16,800 based on the interest the bonds are earning. Finance Director Beer stated it is based on the City’s rate of interest earned. Council Member Mueller asked if the net savings of $37,740 would be put into a bond to recoup the lost interest earnings. Finance Director Beer explained the City is paying 7.5% interest but only earning 2% to 2.5% so the benefit is roughly 5% on the funds. That money would be apportioned to other economic development projects. Mounds View City Council November 23, 2009 Regular Meeting Page 9 Council Member Hull asked where the $37,740 would be used. Finance Director Beer stated it would go into the TIF District. Council Member Hull asked whether there were other expenses for the $345,000. Finance Director Beer stated it has to be paid regardless and the maturity dates are February 1 and August 1. Mayor Flaherty stated his support since there are resources available to retire the bonds, noting this would be funded from the District 1 TIF. Council consensus was reached to bring this matter before the EDA at its December 14, 2009, meeting. Community Development Director Roberts updated the Council on the following: the City Hall electronic sign has been updated with a new sign face, logo, and a photocell will be added, the Council Chambers sign will be installed tomorrow, and the BP Station on County Road 10 is now closed. Staff will contact BP and report back. Council Member Stigney asked if staff is tracking the cost for signs conversion. Staff answered in the affirmative. Council Member Mueller asked Community Development Director Roberts to thank his staff for completing parking striping at Hillview Park. C. Reports of City Attorney. Mayor Flaherty stated he thought the Silver Lake Woods Association matter was completed. City Attorney Riggs stated is included because they talked with the Association after the last meeting. Council Member Mueller asked about the possibility of an improvement project cost share agreement with the school district. City Attorney Riggs stated Public Works Director DeBar has talked with the School District and will continue to work on that matter. 12. Truth in Taxation Meeting: Monday, December 7, 2009 at 6:00 p.m. Next Council Work Session: Monday, December 7, 2009, at 7:00 p.m. Next Council Meeting: Monday, December 14, 2009, at 7:00 p.m. 13. RECESS TO EXECUTIVE SESSION MOTION/SECOND: Mueller/Hull. To Recess to Executive Session to discuss labor and union negotiations. Ayes – 5 Nays – 0 Motion carried. Mounds View City Council November 23, 2009 Regular Meeting Page 10 The meeting was recessed at 8:38 p.m. The meeting was adjourned from Executive Session at 9:54 p.m. Transcribed by: Carla Wirth TimeSaver Off Site Secretarial, Inc.