Loading...
HomeMy WebLinkAboutMinutes - 2007/07/23• PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOT Regular Meeting JuIy 23, 2007 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: Marty, Stigney, Hull, Flaherty and Mueller NOT PRESENT: None. 4. APPROVAL OF AGENDA A. Monday, July 23, 2007 City Council Agenda ~ MOTION/SECOND: Flaherty/Mueller. To Approve the Monday, July 23, 2007 City Council Agenda as Amended. Ayes - 5 Nays - 0 Motion carried. 5. PUBLIC INPUT None. 6. SPECIAL ORDER OF BUISNESS A T...~~.....1 ,'.. ~1... D.,..1. GGT..~..r.. ., T Ci.:~.+ !"'~..~.~....~ i7[7.~...,...)f <~. z~~..~sr~-a^ Item Removed, 7. COUNCIL BUSINESS A. Continued Public Hearing to Consider the Second Reading and Adoption of Ordinance 790, an Ordinance Amending Chapters 3 and 5 of the Mounds View City Charter • Administrator Ulrich reviewed the Amendment to the Charter with the Council and explained that Staff feels that the changes made address the issues raised at the July 9, 2007 meeting. Mounds View City Council July 23, 2007 Regular Meeting Page 2 Administrator Ulrich explained that the City Attorney feels that the Chapter 12 amendment • should be published for public hearing ,as it was not originally published. Council Member Mueller noted that the Charter states that the Clerk Administrator determines sufficiency of a petition. And, she is a little bit concerned with not seeing a definition of a frivolous petition, because that allows the Council to throw a petition out without having true cause to determine it frivolous. Mr. Thomas, Chair of the Charter Commission, addressed the Council and explained the purpose behind how the document was drafted. City Attorney Riggs suggested defining the criteria used to determine that a petition is frivolous. Mr. Thomas commented that the changes to Chapter 12 were necessary due to changes to Chapters 3 and 5 for consistency. MOTION/SECOND: Marty/Mueller. To Approve Ordinance 790, an Ordinance Amending Chapters 3 and 5 of the Mounds View City Charter. Council Member Stigney said that this addresses his major issue with frivolous petitions and, there are several other things, but none of them serious enough to force this to a referendum. ROLL CALL: Marty/Stigney/Flaherty/Hu11/Mueller • Ayes - 5 Nays - 0 Motion carried. B. Resolution'7108 Adopting the Global Release and Settlement Agreement, including Approval of Various Leases City Attorney Riggs explained that this is a continuation of the EDA's discussion held earlier this evening. City Attorney Riggs reviewed Resolution 7108 that goes along with a Resolution for the EDA to approve with releases to finalize the Relocation Agreement and the Amended and Restated Development Agreement. City Attorney Riggs read language to be inserted defining the global release and settlement. MOTION/SECOND: Flaherty/Mueller. To Approve Resolution 7108, Adopting the Global Release and Settlement Agreement. Council Member Stigney indicated that he would like to see the wording used that the City will receive any and all rents. Council agreed. • Mounds ~iew City Counci~ July 23, 2007 Regular Meeting ~ Page 3 ~ Ayes - 5 Nays - 0 Motion carried. C. Item Deleted D. Resolution 7116, Approving Step Increase for Mounds View Police Officer Berling Administrator Ulrich read Resolution 7116, Approving a Step Increase for Mounds View Police Officer Berling. MOTION/SECOND: Mueller/Hull. To Approve Resolution-7116, Approving Step Increase for Mounds View Police Officer Berling. Ayes - 5 Nays - 0 Motion carried. E. Resolution 7110 Approving the Parks Improvement Project Public Works Director Lee appeared before Council and reviewed the Parks Improvement Project noting that the Parks Improvement Plan is updated annualiy and this project follows the Park Improvement Plan. • :_ Staff recommends approval of Resolution 7110. Council Member Flaherty asked whether this is going to come back for a higher amount at some point. Direct Lee indicated that is not anticipated'. Council Member Flaherty asked whether a need kas been demonstrated for all of these requests, and if a11 the items have been budgeted for. Director Lee provided an explanation of the requests. Mayor Marty asked whether the pitcher's mound tarp is really necessary. Director Lee explained that a pitcher's mound tarp is standard practice for a baseball field. MOTION/SECOND: Mueller/Hul1. To Waive the Reading and Approve Resolution 7110, Approving the Parks Improvement Project. Council Member Mueller said that she is happy that the basketball court is being installed as there have been residents who have missed it. • Ayes - 5 Nays - 0 Motion carried. Mounds View City Council July 23, 2007 Regular Meeting Page 4 F. Resolution 7121 Adopting Water Sprinkling and Irrigation Regulations Public Works Director Lee explained the Resolution adopting water sprinkling and irrigation regulations along with explaining how residents would be notified. Council Member Flaherty said that he agrees with the tiers on restrictions but, as far as violations, he hates to get into sprinkler police. He then said that he agrees with the lead utility operator. Director Lee and Council discussed when it may be necessary to go to a Tier 2 restriction, Mayor Marty suggested looking into whether this could'be assessed to the water bill if they do not pay the fine. City Attorney Riggs indicated it would be difficult to do so, as any charges associated with the water system are supposed to be reasonable and related to that'' system. Mayor Marty said that he would be concerned with having one individual responsible for monitoring sprinkler violations. MOTION/SECOND: Marty/Mueller. To Waive the Reading: and Approve Resolution 7121, Adopting Water Sprinkling and Irrigation Regulations. Council Member Stigney said that some of the exceptions should not be listed when you get to a Tier 3 restriction situation: MOTION/SECOND: Stigney/Marty. To Amend to remove all exceptions for Tier 3 except kids running through a sprinkler. Ayes - 5 Nays - 0 The Amendment carried. Ayes - 5 Nays - 0 The Motion, as Amended, carried. G. Resolution 7064, Approving Change Order No. 37 for the City Hall Rehabilitation Project Council Member Stigney asked whether an architect reviews the bids and recommends approval. Public Works Director Lee indicated that an architect did review it. Council Member Stigney said that he thinks that the architect should pay for this. • • ~ Mounds View City Council July 23, 2007 Regular Meeting Page 5 • Council Member Flaherty said that he agrees with the ceiling tiles; but, it is the mechanical contractor who should have known to insulate the pipes. He then said that he cannot go back to the citizens and ask them to pay for it because it was missed. Mayor Marty agreed, and said, that is why there are experts who review this for the City. Council Member Stigney agreed that there needs to be accountability for this rather than coming back to the taxpayers. He then said that he does not think that the City should pay for this. MOTION/SECOND: Mueller/Marty. To Approve Resolution 7fl64, Approving $669.65 for Item 2. Council Member Stigney questioned the need to purchase these panels from the factory and why the Ciry is paying $392.75 for new panels. Administrator Ulrich indicated that he would have Staff look into whether the tile is being paid for twice. The Motion was withdrawn. H. Resotution 7122 Approving Change Order No. 38 for the City Hall • Rehabilitation Project Public Works Director Lee explained the items contained in Change Order No. 38. Council Member Mueller said thafi she has an issue with this, as in the first Change Order, the City was billed for labor and materials, but for this one, the credit is only for materials. Council Member Flaherty explained that he read this as including labor and materials. Administrator Ulrich requested authorization to move forward and Staff will determine if it includes Iabor as well. MOTION/SECOND: Flaherty/Mueller. To Approve Resolution 7122, Approving Change Order No. 38 for the City Hall Rehabilitation Project, as Amended, Subject to Verification that the credit Includes Labor. Ayes - 5 Nays - 0 Motion carried. I. Resoiution 7123 Acceptance and Final Payment Approval for the City Hall Rehabilitation Project Public Works Director Lee explained the final payment amount and suggested that Council • consider removal of the Change Order 37 amount. Mounds View City Council July 23, 2007 Regular Meeting Page 6 Council Member Flaherty said that he remembers when this project first started, everyone said that this is the way it is, and he does not like this because this is a 10% over run due to ASI's. He then said that he feels that something that is bid should be bid to industry standards, and not done with change orders. Council Member Mueller said that her concern over this whole situation is that when you have an increase of 10% from the original bid price, then another bidder may have been a better option. Council Member Flaherty suggested including 10% in change orders in the final price going forward with any future bids. MOTION/SECOND: Marty/Flaheriy. To Waive the Reading and Approve Resolution 7123, Acceptance and Final Payment Approval for the City Hall Rehabilitation as Amended to Remove the Amount of Change Order 37. Ayes - 5 Nays-0 Motion carried. J. Consideration of Resolution 7126 and Resolution 7127 Approving the Common Interest Community (CIC) Plat for the Subdivision of 5360 Edgewood Drive (the "Belting Building") Community Development Director Ericson explained that the Applicant has submitted a subdivision request to create a condominium director. Ericson explained that the City would review the Subdivisionfollowing Minnesota Statutes and the City's Subdivision Regulations and the Second Resolution ap~roves the Common Inferest Community Plat permitting the developer to move forward with selling off the individual units within the development. Council Me~nber Mueller said that she is a little concerned that this is coming after the fact. She then said that she understood that this was going to be an owner occupied situation. City Attorney Riggs explained that the City would be reasonably protected, and this should come to the Council'. at a work session to discuss. He then said that the statute does not allow the City to prevent conversions of apartment buildings over to this type of ownership or usage. MOTION/SECOND: Mueller/Flaherty. To Waive the Reading and Approve Resolution 7126. Ayes - 5 Nays-0 Motion carried. MOTION/SECOND: Mueller/Hull. To Waive the Reading and Approve Resolution 7127, Approving the Common Interest Community (CIC) Plat for the Subdivision of 5360 Edgewood Drive (the "Belting Building"). • • Council Member Flaherty asked if there could be an issue with precedence throughout the City. • Mounds View City Council July 23, 2007 Regular Meeting Page 7 ~ City Attorney Riggs said that he does not think so, and then said that this follows the City's regulations. In this situation they are coming to the City and asking to do it right, and they have to meet City Code requirements. Ayes - 5 Nays - 0 Motion carried. 8. CONSENT AGENDA A. Licenses for Approval B. Resolution 7117, Approving the 2007 Festival in the Park Contract C. Resolution 7119 Approving a Charitable Gambling License for Community Charities of Minnesota to Conduct Charitable Gambling at The Mermaid Located at 2200 Highway 10 in Moands View D. Resolution 7125 Authorizing Disposition of Lions Passenger Bus E. Reso~ution 7118, Approving an Extension for a Conditional Use Permit for an Oversize Garage at 2932 Woodale Drive F. Resolution 7120 Authorizing Out-of-State Training for the Chief of Police G. Resolution 7124 Approving and Authorizing the Execution of a Joint Powers Agreement with the Ci~y of Blaine Regarding Street Authority for Coral Sea Street NE South of 85th Avenae • Council Member Mueller requested that Item E be remvved for discussion. Council Member Stigney requested>that Item F be removed for discussion. Council Member Flaherty requested that Item C be removed for discussion. Mayor Marty removed Item B'for discussion. MOTION/SECOND: Mueller/Stigney. To Approve Consent Agenda Items A, D, and G as Presented. Ayes - 5 Nays - 0 Motion carried. B. Resolution 7117, Approving the 2007 Festival in the Park Contract Mayar Marty asked that the reference to tournament be removed from the Resolution as there was no longer a tournament involved. Administrator Ulrich suggested including the totals in the agreement. MOTION/SECOND: Marty/Mueller. To Waive the Reading and Approve Resolution 7117, Approving the 2007 Festival in the Park Contract. • Mounds View City Council July 23, 2007 Regular Meeting Page 8 Council Member Stigney said that there is a musician's union to provide grant money to bands • for occasions like this, and he would suggest the Festival Committee look into it. Council Member Stigney said that it surprises him that they would pay the local high school band to perform at the City festival. Council Member Stigney said that he feels that the car show sponsor should pay for the dash plaques and other costs associated with the car show. Council Member Mueller explained that there was no car club that was willing to sponsor the car show, so it is being sponsored and organized by City volunteers to ensure that there is one. Council Member Mueller indicated that four businesses from the community are sponsoring the show, but they are working on more sponsors for next year. Council Member Stigney said that there are hundreds of car clubs in the metro area that should be contacted to see if they are willing to sponsor a show to make money for their club. Ayes - 5 Nays -: 0 Motion carried. C. Resolution 7119, Approving a Charitable Gambling License for Community Charities of Minnesota to Conduct Charitable Gambling at The Mermaid Located at 2200 Highway 10 in Mounds View Council Member Flaherly asked whether Communiry Charities of Minnesota would be conducting the same games as the Lions were and, what those games are. Administrator Ulrich indicated that there would be pull tabs and any other le al ames. • , g g Sherry Gunn appeared before Council and asked who these people requesting the license are, and whether they are donating back the required percentage to the trade area. Administrator Ulrich explained that he has a listing of the donations made by Community Charities of Minnesota that can be reviewed, and 85% is donated within the trade area. MOTION/SECOND: Flaherty/Stigney. To Waive the Reading and Approve Resolution 7119, Approving a Charitable Gambling License for Community Charities of Minnesota to Conduct Charitable Gambling at The Mermaid. Ayes - 5'' ''' Nays - 0 Motion carried. E. Resolution 7118, Extension Oversize Garage Council Member Mueller said that she does not think that a two year extension is appropriate in this situation, because a lot could change between now and two years, and the Council should reconsider it at that time. Mayor Marty said that he agreed, and would like them to reapply when the circumstances change and they are ready to construct. • Mounds View City Council July 23, 2007 Regular Meeting Page 9 ~ Council Member Mueller asked whether there were fees paid for the conditional use pernut when it was granted previously. Community Development Director Ericson said that they paid some sort of fee for the permit. Director Ericson said that he would change the language to a one year extension rather than a two year extension. Council Member Stigney asked what the fee would be to reapply for the conditional use permit. Director Ericson explained that the fee for the conditional use, permit would be $175.00. MOTION/SECOND: Hu1UFlaherty. To Waive the Reading and Approve Resolution 7118, Approving an Extension for a conditional use permit for an oversize garage at 2932 Woodale Drive, as Amended to Allow a One Year Extension. '' Ayes - 5 Nays - 0 Motion carried. F. Resolution 7120, Authorizing Out of State Training for the Chief of Police Council Member Stigney asked whether this is an annual requirement. • Chief Sommer explained that the requirement is for every twa years. Chief Sommer said that he has not been since he caine to the City, due to the expense of the training and costs associated with going out of state for training. " Council Member Stigney asked what the certification does within Mounds View or within the twin cities area. Chief Sommer explained that this is for 1aw enforcement polygraph investigations within the City of Mounds View; however, it is not used very often. Chief Sommer said that there are only four Iicensed examiners within the state. Mayar Marty asked if there was a way to contract the polygraph services out to other law enforcement agencies. Chief Sommer said that the City gets services from Ramsey County that the City does not pay for, so he could make his services available to them on a cooperative agreement basis, but he would not recommend charging for his services. MOTION/SECOND: Mueller/Hull. To Waive the Reading and Approve Resolution 7120, Authorizing Out of State Training for the Chief of Police. • Council Member Stigney said that he would like the Chief to keep track of cost benefits of having this certification for when this is considered next time. ~ Mounds View City Council July 23, 2007 Regular Meeting Page 10 9. JUST AND CORRECT CLAIMS • Public Works Director Lee removed a claim for the alarm system on the bottom of Page 8. Council Member Flaherty asked which squad the police camera and equipment is for. Chief Sommer explained that is the video monitoring camera that is not on a squad. Council Member Flaherty asked what an 8 inch sled is. Director Lee explained that it is for the televising camera for the sanitary sewer line. MOTION/SECOND: HulUMueller. To Approve Just'and Correct Claims as Presented. Ayes - 5 Nays - 0 Motion carried. 10. APPROVAL OF MINUTES A. June 25, 2007 Mayor Marty, on Page 2, Line 36 add, so that there is always nnore than one person making the approval. On Page 3, Line 1, asked for clarification. Staff will amend the language. On Page 3, • Under Item B, second sentence add "as it is inconsistent". On Page 6, add the answer to the question regarding the code. Mr. Waste stated that his brother does not have the key or access. On Page 8, Line 3'1, add to ask another company 'insert a quote. On Page 10, Line 39, insert "landlord fee" or permit required to rent out buildings. On Page 11, Line 36, insert "previously or has any knawledge of or experience with this low bidder". On Page 16, Line 5, insert "winner". MOTION/SECOND: Flaherty/Mueller. To Approve the City Council Minutes of June 25, 2007 as Amended. Ayes - 5 Nays - 0 Motion carried. 11. REPORTS A. Reports of Mayor and Council Council Member Mueller explained that there was a fire in an area of the City where there are common walls, and the resident that contacted her is concerned that the buildings are not sprinkled. This resident is wondering if the City can look at existing buildings and have them brought up to newer construction codes to get sprinkler systems installed in those older buildings. • Mounds View City Council July 23, 2007 Regular Meeting Page 11 • Council Member Mueller indicated that this same resident was concerned with noise and was disappointed to hear that the noise ordinance applied to before 7:00 a.m. and after 10:00 p.m. His other concern was noisy cars going by. B. Reports of Staff Administrator Ulrich explained that he met with the parties involved in the 8310 Eastwood situation. Administrator Ulrich said he felt the meeting was positive and progress was made. Administrator Ulrich explained that the interview panel has narrowed the Cab1e Coordinator candidates down to three. Community Development Director Ericson explained that the Comprehensive Plan kickoff meeting was last week and they set goals for the committee and outlined how the process would work. Community Development Director Ericson explained that last week Staff attended the Minn Sharp Flag raising ceremony at Medtronic. Community Development Director Ericson explained that the deadline for applying is August 3, 2007 for the Economic Development Coordinator position. Staff will review and bring a . candidate forward for consideration. - 1. Review Potential Parcel Acquisition at Woodcrest and Silver Lake Road Community Development Director'Ericson explained that Amelia Sullivan, a long time resident with a 1.5 acre lot, is concerned that she is having an issue with diseased trees. Director Ericson explained #hat he discussed with her the area the City is interested in an easement over. Director Ericson explained that Ms. Sullivan is interested in selling the property, and Staff is asking whether the City. is interested in purchasing the property. Mayor Marty asked what the appraised value of the property is. Director Ericson explained that Ramsey County assesses the property at about $34,000. Mayor Marly asked what amount Ms. Sullivan was assessed for tree removal. Director Ericson said that it was a very large amount, as it was a difficult removal. Mayor Marty suggested a deal af $30,000 and the City would forgive the amount that was assessed for tree removal. • Director Ericson said that Ms. Sullivan has already paid the bill for tree removal. Mounds View City Council July 23, 2007 Regular Meeting Page 12 Council Member Mueller agreed the City should pursue acquisition further to determine what • the actual cost would be. Council asked whether there would be funding available to purchase the property. Director Ericson explained that the City could use TIF funds, storm water utility fees, or Park Dedication fees to purchase the property. Council Member Stigney said that the memo from Director Ericson suggested a joint purchase with Ramsey County and he would like to know if that was pursued. Director Ericson indicated that he has not discussed that with them as of yet. Council Member Stigney said that he would like Staff to ask whether the resident would be willing to donate the property for the tax credit. 2. Review Potential Parcel Acquisition at 2400 County Road H2 Community Development Director Ericson explained that Roberts Sports Bar has closed and Greg Waste is willing to work with the City on apotential acquisition: Mr. Waste has indicated that he would be interested in selling the property to the City with a lease back option, so that he could reopen his business, and the City would have control of the property as part of the redevelopment project. Mr, Waste has indicated that if there is an agreement to lease the . property back to him, he would be willing to discount the sale price to the City. Mayor Marty asked for an explanation of the one RFQ that came in. Director Ericson explained that the City received an RFQ from Master Development with eazperience with infill developments and redevelopments in the metropolitan area. Council Member Stigney said that he would like to make it known that Mr. Waste wants to sell, and let a developer with priuate dollars develop this site. Mayor Marty' explained that this property has been offered to the City, and that would allow the City to control the redevelopment of the site, rather than a simple sale that would continue a similar use of the property. Council Member Flaherty said he would like to look into the options with this, and determine Mr. Waste's price before making a decision. Administrator Ulrich suggested an option on the property with a cash payment to hold the property for six months at an agreed upon price. Council Member Mueller asked whether the City would need to be concerned about potential liability for purchasing the property and leasing it back to Mr. Waste. • • Mounds View City Council July 23, 2007 Regular Meeting Page 13 City Attorney Riggs indicated that the lease would need to include insurance and an indemnification clause, but that does not mean the City cannot be sued. Council agreed to have Staff look into all options with this property including leasing, or an option to purchase. Council Member Stigney indicated that he would like to see the RFQ that was sent into the City. Finance Director Beer explained that the draft general fund budget will be finished later this week for review and discussion at the August 6, 2007 work session. C. Reports of City Attorney • None. 12. Next Council Work Session: Next Council Meeting: 13. ADJOURNMENT The meeting was adjourned at 10:10 p.m. Transcribed by: Joan Lenzmeier, Recording Cierk TimeSaver Off Site Secretarial, Inc. Monday, August 6, 2007, at 7 p.m. Monday, August 13, 2007 at 7 p.m. •