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HomeMy WebLinkAboutMinutes - 2007/08/13• PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOT Regular Meeting August 13, 2007 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 6:00 P.M. 1. MEETING IS CALLED TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Stigney, Hull, Flaherty, Mueller, and Mariy (arrived at 6:27 p.m.) NOT PRESENT: None. 4. APPROVAL OF AGENDA • A. Monday, August 13, 2007 City Council Agenda MOTION/SECOND: Mueller/Hull. To Approve the Monday, August 13, 2007 City Council Agenda as Amended. Ayes - 4 Nays - 0 Motion carried. Mayor Marty was not present for the vote. 5. PUBLIC INPUT Dick Palmetier of 7639 Edgewood Drive addressed Council and said that he spoke with Mr, Ericson regarding his concerns about the addresses of the Community Center, City Hall, ballfields and ballfield watering. Mr. Palmetier indicated that between 7:30 p.m. and 8:30 p.m. it was witnessed by him that the ballfield was being watered but it is on the west side of the road and the question raised is why City Hall and the City of Mounds View would violate its own watering regulations. Mr. Palmetier commented that the Community Center and Ballfields have the greenest lawns on the street and he thinks that the City should be setting a good example by not watering on the wrong days. ~ Council Member Stigney indicated that the Resolution implementing the Tier II restrictions is being discussed tonight. Mounds View City Council August 13, 2007 Regular Meeting Page 2 Public Works Director Lee explained that there are two separate systems and they are set up to • operate on an odd even watering system. David Jahnke of 8428 Eastwood Road addressed the Council and said that he wonders whether all employees including the Police Department get free use of the exercise roam. Council Member Stigney indicated that he believes they can. Community Development Director Ericson indicated that he would need to look into that. 6. SPECIAL ORDER OF BUISNESS A. 2008 Budget Discussion Finance Director Beer provided an overview of the draft budget for 2008 with a deficit of $566,000 and he would like Council to go through each department to look at changes and additions. Acting Mayor Stigney said he would like to send the budget back to the departments to review and make suggested amendments befare it comes to the Council. Finance Director Beer indicated that the $566,000 deficit is before any levy increase or any • transfers. Council Member Mueller said that she feels the department heads know best where to trim or cut the budget and she would like to have them review it. Finance Director Beer indicated that any surplus from 2007 could be used to pay for 2008 expenses. Council postponed this item to the end of the meeting. 7. COUNCIL BUSINESS A. Public Hearing, Resolation 7128 for a Conditional Use Permit for an Oversize Garage at 8290 Sunnyside Road Acting Mayor Stigney opened the public hearing. Community Development Director Ericson explained the requested Conditional Use Permit for an oversize garage at 8290 Sunnyside Road. Director Ericson indicated that this is a unique situation in that the garage is in front of the house and is a side loading garage eliminating the ability to expand out the back of the garage. • Mounds View City Council August 13, 2007 Regular Meeting Page 3 • Community Development Director Ericson pointed out that this public hearing needs to start at 7:05 and not before as that is the time it was noticed for. B. Public Hearing, Resolution 7129 to Consider Preliminary Plat for the Abiding Savior Major Subdivision of 8184 Eastwood Road and 8211 Red Oak Drive Postponed to later in the meeting. C. Resolution 7138, Appointing a Candidate to the Position of Cable Television Coordinator Assistant to the Administrator Crane explained that Council authorized Staff to being tl~e hiring process for a cable television coordinator as a full time position. Assistant Crane handed out a revised Staff report to Council, Staff received 34 applications and 6 were interviewed by the interview panel. All candidates were required to submit a videotape and the panel agreed upon two candidates and, at 5:00 p.m. today, the Cable Committee met and made a recommendation for Vanessa VanAlstine for the position. Assistant Crane indicated that all background checks were compieted and found to be positive. • MOTION/SECOND: Flaherty/Mueller. To Waive the Reading and Approve Resolution 7138, Appointing a Candidate to the Position of Cable Television Coordinator. Council Member Flaherty indicated that Ms. VanAlstine has impressive credentials and he is assuming that this would be a considerable step backward in pay. Council Member Flaherty explained that there is a deficiency in the City in this area and the City wants someone who will be staying with the City for some time and not use this as a stepping stone. Council Member Flaherty indicated that there have been issues with this position because the previous person felt that the hours ended at 4:30 p.m. and that is not the case. Ms. VanAlstine explained that she understands the hours will not only be during the day. Ms. VanAlstine explained that she changed careers as educational television is what she wants to do and that meant a career change and a step back in pay but it is a huge step forward for her in terms of quality of life. Council Member Mueller asked how the candidate would prioritize the tasks needed to be done. Ms. VanAlstine said that she looks at what is urgent and what is important. Ms. VanAlstine explained the number of projects that she is working on for Little Canada an.d how her ability to multitask helps her do her job. • Council Member Mueller asked for information on a personally rewarding job for the candidate. Mounds View City Council August 13, 2007 Regular Meeting Page 4 Ms. VanAlstine said that the Parks and Recreation Department asked her to video at least one of • each of the kids' sports this summer and it has really been well received by the residents and a very rewarding project. Mayor Marty arrived at 6:27 p.m. Council Member Hull said that he has some reservations with hiring due to the financial position of the City. Mayor Marty asked for input from the Cable Commissioners. Mayor Marty noted that this position is paid for and funded entirely out of the Cable Franchise Fee. Jerry Skelly of 7095 Knollwood Drive said that there is only one cable commissioner in the audience and he is the Cable Committee Chairman. Barbara Haake of 3024 County Road I asked the Council to hire Ms. VanAlstine. Ms. Haake said that this candidate is very innovative and she thinks that Ms. VanAlstine will do an excellent job for the City. Council Member Stigney cammented that the first thing that he wants to do is work on the coloring on the video. Council Member Stigney said that it looks like Ms. VanAlstine is over qualified and this does not make any sense to him to step down to a cable coordinator from a masters degree in engineering. • Council Member Stigney indicated that he had asked for verification of credentials and he then asked what the inductance in a series circuit formula is. He then asked for the basic power formula. Ms. VanAlstine said that it has been a very long time since she has used these formulas and then said that power is I squared over R and provided a formula for inductance in a series circuit. Council Member Stigney said that it seems to him that the candidate has limited electronics knowledge, as the answer given was incorrect. Council Member Stigney said that he does not support this, as he does not want this to be a full time position. Assistant to the Administrator Crane said that Ms. VanAlstine provided transcripts for all of her degrees including her high school diploma. Council Member Mueller said that in today's society, it is not uncommon for people to change career paths. Council Member Mueller indicated that in 1998 she took a step down as a manager ,in order to assume a very basic position to allow for more family time and free time, and to allow her to enjoy what she was doing. Council Member Mueller said that the Council agreed to post for this position. The position was • posted, the interviews done, and the Cable Committee made this recommendation for hiring so Mounds View City Council August 13, 2007 Regular Meeting Page 5 • she feels that the City should follow through with the commitment to bring this position to the City. Council Member Hull thanked the Cable Committee for the recommendation. Mayor Mariy indicated his degree is in psyckolagy, but he did not go into psychology which may have paid better, but he likes the flexibility of his current position. Mayor Marty said that Mr. Ulrich had stated that due to the expertise of this canaidate, the City will be able to utilize this person for more of the duties that other City Staff has had to take over. Mayor Marty indicated that Barb Haake had said that those involved in the interview process were excited and pleased to recommend this candidate. David Jahnke of 8428 Eastwood Road asked what is wrong with someone stepping up, and said he is wondering why the Council would not want better for someone. Mr. Jahnke said that he does not think it is even right for someone to ask if this is a stepping stone on a candidate's career path. Ayes - 3 Nays - 2(Stigney/Hull) Motion ca.rried. • Council Member Stigney said he hoped that Ms. VanAlstine would handle the color issues right away. Jerry Skelly of 7095 Knollwood Drive said that this candidate knows a lot of things and he feels that if Council gets behind this candidate, the City is going to see some great programming. D. Introduction and First Reading of Ordinance 794, an Ordinance Amending Chapter 1009 of the Mounds View City Code Pertaining to Swimming Pooi Fences Community Development Director Ericson explained that a petition was received by the City asking the City to consider lowering the fencing requirement for pools to four feet rather than five feet, as that really requires a six foot fence, as a five foot fence is not readily available at the home improvement centers. Director Ericson explained that Staff used language from the Code from the City of Blaine to make the proposed amendments to lower the fencing requirement to four feet with all requirements for self latching and locking gates remains the same. Council Member Flaherty said that he agrees with this recommendation, but questions what a non-climbable fence is. Director Ericson indicated that the word "non-climbable" appears in other Codes and suggested • that it is in there to eliminate the use of sornething like split rail fencing which can be climbed like a ladder. Director Ericson indicated that chain link fence would be acceptable for a pool fencing enclosure. Mounds View City Council August 13, 2007 Regular Meeting Page 6 Council Member Mueller asked how the enforcement of the fencing requirement is handled. • Director Ericson explained the current procedures and said that the procedure would not be changed with this amendment. Director Ericson explained that the purpose behind the suggested amendment is to bring the City's Code in line with the State Building Code. Mayor Marty asked whether the language regarding self-closing hinges and self-latching gates was from State Code. Mayor Marty said that he received calls regarding when the cLange would be effective and make pool enclosures legal. Director Ericson stated self-closing hinges and self-latching gates is state code MOTION/SECOND: Mueller/Flaherty. To Waive the Reading and Introduce Ordinance 794, an Ordinance Amending Chapter 1009 of the Mounds View City Code Pertaining to Swimming Pool Fences. Council Member Stigney commented that he hears that you cannot buy five foot fences but you can see them in the Menard's ad, so that is not a valid reason. Mayor Marly indicated that the reason for the change is to bring this into consistency with the state building code. • Ayes - S Nays - 0 Motion carried. E. Resolution 7136 Approving a Wetland Buffer Permit for the Clear Channel Billboard on Sysco Outlot A Community Development Director Ericson explained the requested wetland buffer permit by Clear Channel. Rice Creek Watershed District has assessed where the wetlands are and the trail, access road, and billboard wili not impact the wetland. However, this billboard is within 100 feet of the wetland, and that is what necessitates the wetland buffer permit. Director Ericson explained where the billboard would be located. Director Ericson explained that the City needs to determine that there will be no impact to the wetland with the development proposed. Staff has looked at the proposed billboard and has determined that there should be no impact to the wetland and Staff recommends approval. Director Ericson read the conditions of the Resolution, if approved. MOTION/SECOND: Stigney/Mueller. To Waive the Reading and Approve Resolution 7136, Approving a Wetland Buffer Permit for the Clear Channel Billboard on Sysco Outlot A. • Mounds View City Council August 13, 2007 Regular Meeting Page 7 ~ Council Member Flaherly said that one thing he likes about this is having Rice Creek watching this for wetland erosion. Ayes - 5 Nays - 0 Motion carried. Council had to hear item 7A after 7:05 and that was done at this point in the meeting. A. Public Hearing • LJ Mayor Marty opened the public hearing at 7:07 p.m. Planner Heller explained the requested Conditional Use Permit for an oversize garage at 8290 Sunnyside Road. Planner Heller explained that a variance is required due to the width of the garage. Planner He11er explained that the garage is a side load garage that is only 14 feet from the property line, so it would be impractical to expand to the rear of the garage. Planner Heller reviewed this request in relation to the Comprehensive Plan, and said that both Staff and the Planning Commission have agreed that this is in line with the Comprehensive Plan. Planner Heller reviewed the remaining requirements and noted that the Planning Commission and Staff recommend approval. Hearing no public comments, Mayor Marty closed the public hearing at 7:10 p.m. Council Member Flaherly said that his major question is whether the peak of the garage will be the same height. Tim Clemons, the Applicant, said that they plan on doing a bump up to get a little bigger garage door to allow them to get the boat in easier. Council Member Mueller asked whether he runs a business out of the home. Mr. Clemons indicated that his business is down in South Minneapolis where he keeps most of his trucks and equipment. Mayor Marty indicated that he would like Staff to review the plans when they come in. Mayor Marty indicated that this is a unique property and a unique situation. MOTION/SECOND: Mueller/Hull. To Waive the Reading and Approve Resolution 7128, for a Conditional Use Permit for an Oversize Garage at 8290 Sunnyside Road. MOTION/SECOND: Flaherty/Marty. To Amend Resolution 7128, to Include a Review of the Plans Before Issuing the Building Permit. Ayes - 5 Nays - 0 Amendment carried. Mounds View City Council August 13, 2007 Regular Meeting Page 8 Ayes - 5 Nays - 0 The Motion, as Amended carried. • B. Public Hearing, Resolution 7129 to Consider Preliminary Plat for the Abiding Savior Major Subdivision of 8184 Eastwood Road and 8211 Red Oak Drive Mayor Marty opened the public hearing at 7:1$ p.m. Community Development Director Ericson explained the major subdivision request of Abiding Savior Lutheran Church. The Church would like to split the home and 16,000 square feet from the remaining property to allow the home to be sold and to add the remaining property to the existing Church property. Director Ericson explained that 5taff has looked at all requirements for the creation of a new lot and those are met with this request. Director Ericson indicated that Council will need to discuss the park dedication fee. Director Ericson explained that the drainage and utility easements have been reflected in the proposed plat. Director Ericson indicated that there was a resident that asked about the remaining utilities on the property. Xcel's position is to not move the utility at this time, as there is no development planned in that area for this time. Director Ericson said that the Church may have in their plans, some e of senior housin but • ~ g~ that has not been a part of this reyuest. Any interest by the Church in doing so would require further subdivision application. Director Ericson indicated that the Planning Commission has reviewed this request and recommends approval of the request. Randy Heltzer of 8181 Eastwood Road, said that in the Comprehensive Plan, it says resident amenities required shall be properly maintained, and he would like to know what that means. Mr. Heltzer said that he has an email from Xcel stating that they will move the lines, and he would like those lines moved since they were set in 1955. Mr. Heltzer said that in the last two years he has dumped over $40,000 into his home, and by removing that property he will lose $20,000. Mr. Heltzer said that Gary Cox, at the Planning Commission, thanked them for the vote, and mentioned that they would be back, and that is why he would like the utility situation taken care of. Pete Sargent, with Abiding Savior Lutheran Church, addressed the Council, and said that at the time a development is done the power lines would be moved, and that would be paid for by Xcel and the developer. ~ Mounds View City Council August 13, 2007 Regular Meeting Page 9 • Mr. Sargent encouraged Council to vote for this project, and noted that their request meets all necessary Code requirements. Mr. Sargeant said that he remembers that the Church had to give up the whole block on the north side in order to fund their church at one point in the past. Mr. Sargent said that they feel that something is needed in Mounds View for senior housing. Mr. Heltzer asked if the property along Arden was sold before or after the City denied the vacation of Arden. The Church representative was not sure. Hearing no further public comments, Mayor Marty closed the public hearing at 7:36 p.m. Mr. Heltzer said that the Church is going to sell the property for less than market price, and that will impact other homes in the neighborhood. Council Member Flaherty said that land values and home values are on the amount of land, home value and condition of home, so he does not know how the subdivision of land near Mr. Heltzer's would affect his valuation. Council Member Flaherty asked if there is a value to uruformity of lot sizes within the City. • Council Member Flaherty asked whether this is strictly a monetary move for the Church. Mr. Sergent said that it was never their intention to keep the house, and the Church needs to sell it off. Helen Kuntz of 7325 Pleasantview Drive said that she has been a member of Abiding Savior since 1955, and the goal is to keep the area nice, and there is no ulterior motive of trying to destroy anyone's home or value. Mayor Marty said that one thing in the Staff report was a question on park dedication. At the present time, it is not creating any higher density so he does not feel 10% is justified. Mayor Marty said that Option 1 would be $40,403.00 and that seems to be somewhat high due to the fact that this is acquiring more property. Option 2, dedication on the Eastwood Road property, is more in line at $5,970 and that would be his recommendation. Mayor Marty asked whether going from a taxable property to Church property would give the City a reduction in taxes. Director Ericson explained that the Church is a tax exempt entity, but the value is still on the ~ property. Finance Director Beer estimated the loss of City tax at less than $1,000. Mounds View City Council August 13, 2007 Regular Meeting Page 10 Mayor Marty said that future development may not occur on the site, but he would support • moving the lines to the easement or increase the easement to encompass the power lines. Director Ericson explained that the City does not usually take easements for private utilities, but the City could take more easement and then the Xcel lines would be in the City's easement. Mr. Sargent said that it makes sense to move the lines, but they would like to just do that once to save the Church money. Mr. Sargent said that park dedication fees are usually assessed because there is pressure or additional use for the parks, but in this case, nothing will be happening, so he would propose putting the park dedication with any future development. Mr. Heltzer said that he would like his utility issue cleared up, as the Church is the subdivider of the property. Council Member Flaherty asked why the power line bothers Mr. Heltzer. Mr. Heltzer said that the Church obviously intends to move forward with other plans, and he would like this dealt with now. Mayor Marty commented that in order to subdivide, there has been a park dedication fee • required, as the City is pretty well built out, and park dedication is harder to come by. Mayor Marty explained that the park dedication funds really help out with the parks and allow the City to be able to do things for the parks without asking the residents to pay additional ta~ces to support the parks. Mr. Sargent suggested that they will be getting attorneys involved with this situation. Mr. Sargent said that the Church has gone with the City suggestion, and this process has been taking a very long time. Mr. Sargent said that there are those that need and want to se11 the property to make money for the Church, and are not as willing to keep this out of litigation. Mayor Marty asked whether the comments regarding attorneys were meant as a veiled threat. Mr. Sargent indicated that there is a real possibility that attorneys will be involved if this matter does not get resolved. Mayor Marty infortned Mr. Sargent, and the Church, that he does not appreciate being threatened in any way. Director Ericson said that last year, the Minnesota Legislatwre adopted new rules regarding park dedication fees, and there is a clause in the Code that indicates that any subdivider of land assessed a park dedication fee, may challenge the fee, and the fee would be put into escrow and a • judge will review the details and make a decision. Mounds View City Council August 13, 2007 Regular Meeting Page 11 i David Jahnke said that it would be unfair for the Church not to pay a park dedication fee when the City requires the fee of all other subdividers of land. Mr. Heltzer asked if the City determines that the Church can sell the house to get money. Council Member Mueller asked when the Church bought the property. A Church representative said that it was purchased approximately two years ago. Council Member Mueller asked whether taxes have been paid on it over that time. Council Member Mueller said that if the Church owns the property, and changes the registration with the County, the property is tax exempt. So subdividing this property will move the parcel with the home back onto the tax roll for future years. Council Member Mueller suggested a letter on file on the easement situation. Mayor Marty said he would like the City Attorney to review that suggestion to determine the weight or enforceability of such a letter. • Mr. Sargent said that they agree to work with the homeowner to make sure that the utility situation gets taken care of. Mayor Marty said that k~e is considering postponing this to the next meeting to allow time to look into expanding the easement area to include the utilities, and to talk with the City Attorney on a letter on the utilities, and how much weight that would have. Mr. Heltzer said that he has been told by the Church, that their senior living project is going through no matter what he thinks about it. Mayor Marty asked Mr. Heltzer and the Church to consider discussing this in an attempt to work something out. Council Member Stigney commented that, if the Church needs to do this for money purposes, it would seem to him that the entire lot would be worth more. Council Member Stigney said that it will be difficult to get Council and residents to agree to rezone that lot to anything other than an Rl designation. Council Member Stigney said that he would like the Church to work with Mr. Heltzer in an attempt to negotiate on the utilities. • Mounds View City Council August 13, 2007 Regular Meeting Page 12 Mayor Ma.rty agreed, and said that he has heard opposition from the community to the proposed • plan for a senior living facility in this area, despite the fact that the City does need this type of facility. MOTION/SECOND: MartylStigney. To Postpone to August 27, 2007. Council Member Mueller said that she is not sure if there is a hidden agenda or anything behind this. Council Member Mueller said that she does not see an issue with what is being presented to Council as a subdivision for this property. Ayes - 5 Nays - 0 Motion carried. F. Resolution 7137, Resolution Authorizing the Mounds View Police Department to Enter into a Grant Agreement with the Minnesota Department of Public Safety, Offce of Traffic Safety for the Sale and Sober Project from October 1, 2007 to September 30, 2008 Chief Sommer explained that this is a renewal of the grant agreement that shares in payment for additional enforcement time. MOTION/SECOND: Mueller/Flaherty. To Waive the Reading and Approve Resolution 7137, Resolution Authorizing the Mounds View Police Department to Enter into a Grant Ayes - 5 Nays - 0 Motion carried. • G. Introduction and First Reading of Ordinance 796, an Ordinance Implementing a Franchise Fee on Center Point Energy Natural Gas Operations wi~hin the City of Mounds View for the Year 2008 Finance Director Beer explained that the Franchise Fee Ordinance sunsets in December every year and, if so desired, Council must approve a new Ordinance each year. MOTION/SECOND: Marty/Mueller. To Waive the Reading and Introduce Ordinance 796, an Ordinance Implementing a Franchise Fee on Center Point Energy Natural Gas Operations Within the City of Mounds View for the Year 2008. Council Member Flaherty asked Staff to explain where the fees go. Finance Director Beer indicated that 50% of the franchise fees go toward street improvements and 50% are used for paying for services in the general fund. Ayes - 5 Nays - 0 Motion carried. u Mounds View City Council August 13, 2007 Regular Meeting Page 13 • H. Introduction and First Reading of Ordinance 797, an Ordinance Implementing a Franchise Fee on Xcel Energy Electric and Natural Gas Operations within the City of Mounds View for the Year 2008 MOTION/SECOND: Mueller/Stigney. To Waive the Reading and Introduce Ordinance 797, an Ordinance Implementing a Franchise Fee on Xcel Energy Electric and Natural Gas Operations within the City of Mounds View for the Year 2008. Ayes - 5 Nays - 0 I. Resolution 7139, Authorizing a Step Increase for Dave Olsen, Part Time Cable TV Technician; Mark Beer, Finance Director; and Officer Nicholas Erickson, Mounds View Police Department. • Community Development Director Ericson read Resolution 7139 as amended. MOTION/SECOND: Mueller/Hull. To Approve Resolution 7139, Authorizing a Step Increase for Dave Olsen, Mark Beer, and Officer Nicholas Erickson. Motion carried Council Member Stigney indicated that he does have an issue with one of the people on the list as he is not sure that his performance has been exemplary. Ayes - 5 Nays-0 Motion carried. J. Introduction and First Reading of Ordinance 795, an Ordinance Amending Chapter 1Q01, Building Code Community Development Director Ericson reviewed the proposed changes to be made to the Building Code to bring the City consistent with the State Building Code. MOTION/SECOND: Flaherty/Mueller. To Waive the Reading and Introduce Ordinance 795, an Ordinance Amending Chapter 1001, Building Code. Council Member Mueller said that she likes the way that the changes are presented as they are easy for Council to understand. Ayes - 5 Nays - 0 Motion carried. K. Resolution 7135, Setting an Interest Rate and Administrative Fee for Special Assessments Certified During 2007 . Finance Director Beer explained to Council that this Resolution would set the interest rate to match the market rate. Mounds View City Council August 13, 2007 Regular Meeting Page 14 MOTION/SECOND: Mueller/Stigney. To Waive the Reading and Approve Resolution 7135, • Setting an Interest Rate and Administrative Fee for Special Assessments Certified During 2007. Ayes - 5 Nays - 0 Motion carried. Council Member Stigney asked to handle item N at this point in the meeting to accommodate a resident that had waited for the matter to be heard. Council agreed. N. Resolution 7142, Implementing Tier II Water Sprinkling and Irrigation Regulations Public Works Director Lee reviewed information with Council concerning the need to implement the Tier II Water Sprinkling and Irrigation Regulations. Well Number 6 has been reviewed and it is set for rehabilitation for this fall and, as part of that, Staff will look at extending that well deeper into the aquifer and that may require a new pump. Dick Palmetier of 7639 Edgewood Drive indicated that certain language of the exclusions came into play when he was discussing this matter with Staff. Mr. Palmetier explained that the residents' perception of the addressing of the City Parks and properties and when they are being watered creates issues. Mr. Palmetier indicated that the City of Mounds View is on sand and that takes a lot of water to keep grass alive on. Mr. Palmetier indicated that he would recommend review of the exclusions, because he feels that washing a car takes more water than watering the Iawn. Mr. Palmetier asked if residents could put in a private well. . Public Works Director Lee indicated that the Department of Public Health would need to approve a permit for a private well. Director Lee indicated that the City uses City Water and not a private well for irrigating its properties, Council Member Mueller asked how the City is going to supply adequate water to the Medtronic location if there are issues with the water. Public Works Director Lee clarified that there are no water issues, but the City is pumping at capacity. Director Lee indicated that the City does have the capacity to accommodate Medtronic. Council Member Flaherty said that the City has been following the City Code with its water usage as ballfields are exempt. Mayor Marty noted that the only former City property that had a private well was the golf course. Council Member Stigney suggested changing the Code for Tier II to do limited watering at the parks. Council Member Stigney said that he would like to restrict filling of large swimming pools not little rubber kiddie pools. • Mounds View City Council August 13, 2007 Regular Meeting Page 15 • Council Member Stigney said that he does not think that the City's parks should look as lush and green as a golf course during drought times, so he would like to see more restriction than just odd and even. Public Works Director Lee indicated that having foot traffic on stressed grass can really damage it. Director Lee expiained that the grass needs to be healthy to handle the Festival in the Park. Mayor Marty questioned how this will be communicated to the residents so that they are aware of the restrictions. Staff has purchased signs to inform residents of what the watering restrictions are, along with publishing it in the newspaper, on the website, and on the electronic message board. Mr. Palmetier commented that the taxpayers are paying far watering the parks, and would like to keep their own lawns green also. Public Works Director noted that Well Z was constructed in 1961, and the pump does not have cooling for the motor, so water is used to cool the motor and then pumped out. Director Lee said that there is a hose with a sprinkler in that area to utilize the water that is used to cool the motor of the pump. • MOTION/SECOND: Hull/Flaherty. To Waive the Reading and Approve Resolution 7142, Implementing Tier II Water Sprinkling and Irrigation Regulations. Ayes - 5 Nays - 0 Motion carried. Community Development Director Ericson explained that there have been two requests to waive the fee for the rental of the Community Center for the Holmes Family and for a child at Pinewood Elementary. The City Administrator's recommendation is to establish a policy on rental of the City's facility for this type of matter. Council agreed to waive the rental fees for these causes. Council Member Mueller asked for more information on the fundraiser as the plans move forward. L. Resolution 7140, a Resolution Authorizing the Preparation of an Updated Preliminary Feasibility Report for the 2008 Street and Utility Improvement Project Public Works Director Lee explained that there is a very short time schedule for this project. Director Lee explained the process and what criteria were used for determining the 2008 Street ~ and Utility Improvement Project. Council Member Flaherty asked what the 2007 Feasibility concentrated on. Mounds View City Council August 13, 2007 Regular Meeting Page 16 Public Works Director Lee explained that it focused on Areas A, B and E. Director Lee • indicated that there will only need to be a minor update to some areas of the feasibility report. Council Member Flaherty indicated that he would like an idea of what the feasibility study will cost the Ciiy. Council Member Stigney agreed, and said he would like to get a ballpark idea of what this would cost. Council Member Stigney said that there were no recommendations as of yet, and no information on the financing. Council Member Stigney indicated that the residents have not been asked to buy into the project as of yet, so that concerns him. Council Member Mueller asked whether Public Works would feel comfortable updating the feasibiliiy study. Public Works Director Lee indicated that Staff cannot do it, as there are water gardens being added, and earth work to create them and those items are beyond the realm of the public works responsibilities. Mayor Marty noted that he got out to some of the neighborhoods on National Night Out and he does not see having a problem with the proposed plan as residents seemed to be interested in • having streets improved. Mayor Marty would like to approve this with a condition that this comes back to Council with information on costs. Public Works Director Lee indicated that this is a new and different situation, as there are 29 rain gardens proposed for this project. MOTION/SECOND: Marty/Flaherty. To Waive the Reading and Approve Resolution 7140, Authorizing the Preparation of an Updated Preliminary Feasibility Report for the 2008 Street and Utility Improvement Project as Amended to Require that Staff Bring Back Information on Feasibility Study Costs. Council Member Mueller said that she is disappointed that the $200,000 feasibility report from last year is not of more assistance for this year. Council Member Stigney suggested a friendly amendment to amend the Resolution based on the current tentative recommendations, and in Item 2 with the current tentative recommendations. The Motion and Second accepted the friendly amendment. ~ Mounds View City Council August 13, 2007 Regular Meeting Page 17 • ~ Council Member Stigney indicated that he would like to know when a 11st of tentative recommendations would be available. Public Works Director Lee indicated he would have Staff provide a brief suinmary. Brian Amundsen of 3048 Wooddale Drive addressed Council, and said that he had to drive over to the meeting because the feasibility report cost $200,000 for four miles of road. Mr. Amundsen said that some rain gardens were included last year, and he does not understand why the City would have a feasibility report and pay for that, when it was not ready to be built. Mr. Amundsen said that he wants the project done, but it frustrates him that the Council is being asked to pay for a preliminary feasibility before costs are known. Mr. Amundsen said that he has serious concerns about the consultant being used. Mr. Amundsen asked the Council to not approve any more work from this consultant until there is a better idea what work will be done, and what that work would cost. Mayor Marty said that the concern he has, is that if Council does not move on this tonight, it may mean going another year without a street project. Council Member Flaherty asked how much consultant time would be used between this meeting and the next. Public Works Director Lee indicated that Staff could ask the consultants not to expend any time other than what is required for sending out the resident notices. Public Works Director Lee explained that the City is required to do a feasibility report, and it usually costs around 15% of the total project costs. Council Member Flaherty commented that the City Charter and State Statute say that the feasibility study is required. Council Member Mueller said that she thinks it would be better to hold off on the Feasibility Study until Council knows that residents will support the project. Public Works Director Lee indicated that would mean that there would not be a project until 2009. Public Works Director Lee explained that there have been other consultants in the past and, the reason that this consultant has this type of feasibility report with these costs, is because the Council and the residents require it. Ayes - 4 Nays -1(Mueller) Motion carried. • M. Resolution 7141, Approving a Contract with DNR Construction Services Incorporated for poor Replacement at Treatment Plant No. 1 Mounds View City Council August 13, 2007 Regular Meeting Page 18 Public Works Director Lee explained that Staff recommends approval of the contract to replace • the doors at Treatment Plant No. 1 to put a stainless steel door in the chlorine room, and a galvanized door in the sulfur dioxide room, in order to eliminate corrosion issues the City has seen with the existing doors. MOTION/SECOND: Mueller/Hull. To Waive the Reading and Approve Resolution 7141, Approving a Contract with DNR Construction Services Incorporated for poor Replacement at Treatment Plant No. 1. Ayes - 4 Nays - 0 Motion carried. Council Member Stigney was not present for the vote. 8. CONSENT AGENDA A. Item Deleted B. Resolution 7115, Approving an Amusement Devices and Centers Business License for Premier Game Company, Doing Business at the Mermaid, 2200 County Road 10 C. Resolution 7130, Renumbering Incorrectly Numbered Resolutions 8002, 8003, 8004 and 8005 to Resolutions 7131, 7132, 7133, and 7134, Respectively D. Set a Public Hearing for August 27, 2007 at 7:Q5 p.m. for the Second Reading • and Adoption of Ordinance 796, an Ordinance Implementing a Franchise Fee on Center Point Energy Natural Gas Operations within the City of Mounds View for the Year 2008 E. Set a Public Hearing for August 27, 2007 at 7:10 p.m. for the Second Reading and Adoption of Ordinance 797, an Ordinance Implementing a Franchise Fee on Xcel Energy Electric and Natural Gas Operations within the City of Mounds View for the Year 2008 Council Member Mueller requested that Items B and C be removed for discussion. MOTION/SECOND: Hull/Mueller. To Approve Consent Agenda Items D and E as Presented. Ayes - 5 Nays - 0 Motion carried. B. Resolution 7115, Approving an Amusement Devices and Center Business License for Premier Game Company, Doing Business at the Mermaid, 2200 County Road 10 Council Member Mueller said that she wanted to make sure that the business requesting this approval is up to date on all fees owing to the City, because there was some concern about the business being for sale. • Mounds View City Council August 13, 2007 Regular Meeting Page 19 • Finance Director Beer indicated that, as far as he knows, this is Pxemier Game Company's only dealings with the City of Mounds View. MOTION/SECOND: Mueller/Flaherty. To Waive the Reading and Approve Resolution 7115, Approving an Amusement Devices and Center Business License for Premier Game Company Ayes - 5 Nays - 0 Motion carried. C. Resolution 7130, Renumbering Incorrectly Numbered Resolutions 8002, 8003, 8004 and 8005 to Resolutions 7131, 7132, 7133, and 7134, Respectively Council Member Mueller asked if the City knows how this happened. Community Development Director Ericson indicated there was a type of glitch in the program that caused numbering issues, but the program has been fixed. MOTION/SECOND: Mueller/Stigney. To Waive the Reading and Approve Resolution 7130, Renumbering Tncorrectly Numbered Resolutions 8002, 8003, 8004 and 8005 to Resolutions 7131, 7132, 7133, and 7134, Respectively. • Ayes - 5 Nays - 0 Motion carried. 9. JUST AND CORI2ECT CLAIMS Council Member Flaherty asked for clarification on the Cathy Smith permit refund. Community Development Director Ericson explained that the resident applied for a refund for a building permit previously requested, as her plans changed and she submitted for a different permit. Council Member Flaherty asked if this is the final City HaII rehabilitation invoice. Finance Director Beer indicated that this would be partial payment. Public Works Director Lee indicated that the City is retaining $5,000 due to an issue with insulating the pipes. Council Member Flaherty asked about the Clean Response charge for $593.78. He then asked what happened. Public Works Director Lee indicate that there was a sewer backup at that location, as a contractor • hit the sanitary sewer line and caused it to back up. Director Lee explained that the City will be marking all utilities when there is work to be done near them to avoid issues like this in the future. Mounds View City Council August 13, 2007 Regular Meeting Page 20 Council Member Stigney asked what kind of repair was done by Boyer Ford. • Public Works Director Lee explained that the transmission went out on one of the trucks and had to be replaced. Council Member Mueller asked about recycling cans for $823.00. Finance Director Beer explained that there were some other charges on the invoice but the charge was also for office recycling containers. Council Member Stigney asked what Switch, Cleaner is. Public Works Director Lee indicated that he thinks that it was for the switch, and one was for the cleaner, but both are on the invoice. Director Lee will look into it and report back. Council Member Stigney asked about Hewlett Packard for computer equipment. Finance Director Beer indicated that was for four desktop computers as part of the replacement schedule. Council Member Stigney suggested adding replacement of computers to a list to consider cutting back as part of the budgeting process. • Council Member Flaherty asked if Medtroruc is reimbursing the City on the fireworks. Finance Director Beer indicated that Medtronic is reimbursing the City for the fireworks. MOTION/SECOND: Mueller/Hull. To Approve Just and Correct Claims as Presented. Ayes - 5 Nays - 0 Motion carried. 10. APPROVAL OF MINUTES A. July 9, 2007 and July 23, 2007 Council Minutes will be Approved at the Next Council Meeting 11. REPORTS A. Reports of Mayor and Council Mayor Marly noted that he attended two funerals last week for two Mounds View residents Pat Holmes and Paul Eicksted, and the thoughts and prayers of Council and the City go out to the families. Mayor Marty indicated that Festival in the Park is August 19, 2007. • Mounds View City Council August 13, 2007 Regular Meeting Page 21 • Council Member Mueller said that there is a schedule of events for the Festival in the Park on the City's website. She then reviewed the schedule of events for Council. Council Member Mueller thanked Medtronic for providing the fireworks for the Festival. B. Reports of Staff Community Development Director Ericson explained that there has been a City wide ban on recreational fires adopted due to the drought conditions. Staff will notify residents in all manners available including posting at City Hall, reader board, cable channel, and the website. Community Development Director Ericson explained that there are some things to discuss regarding the liquor license facilities. Director Ericson explained that Maes is not complying with the Resolution approving its liquor Iicense due to failure to replace a kitchen hood, as approval was contingent upon satisfactory review by the Fire Marshall. There is a substantial cost in replacing this hood. However, the owner of Moe's has not provided an estimated date for replacement. Staff recommends red tagging the kitchen hood, as that would cause an impact, but not as large of an impact as would revoking the liquor license. Mayor Marty suggested directing them to replace it before the next City Council meeting or the . Council would consider revoking the liquor license. Council Member Flaherty asked whether the City has any funds to loan to assist the business owner with getting this hood replaced. Staff will look into what options may be available. Council Member Stigney asked what determines a delinquency with taxes, and noted that the Mermaid does not have delinquent taxes listed, but they have only made a partial payment. Finance Director Beer indicated that the County taxes are considered current year taxes, and they assess a fee and interest, but they are not considered delinquent by the County until the year goes by. Community Development Director Ericson explained that the Mermaid has not fully paid the first half taxes for this year. But, with Roberts, that goes back three years, and Staff is looking for direction from Council as to how to proceed with the liquor license revocation. Council Member Mueller indicated that Council was assured that compliance checks were finalized when the approval was before Council. • Community Development Director Ericson explained that Staff sent out a letter to the Department of Revenue and did not get any response, so Staff has changed the procedure to require checking online and with the County. Mounds View City Council August 13, 2007 Regular Meeting Page 22 Council Member Mueller indicated that she would like Staff to check to see if the Mermaid is on • a payment plan to bring the taxes current. Council Member Mueller asked Staff to contact the owner to inform them of the delinquency of the taxes, and tell them that this jeopardizes their liquor license. Staff will add suspension of the liquor license for Roberts to the next Council Agenda and contact the other license holders as directed by Council. Community Development Director Ericson indicated that there are two interviews scheduled next week for the Economic Development Specialist position. Council agreed to start at 6:00 p.m. on August 27, 2007 to allow time for budget discussions. Council asked Staff to have department heads look into ways to make cuts to the budget prior to the next Council Meeting. Finance Director Beer said that the City has not considered any levy increase or a transfer from the levy reduction fund at this time. C. Reports of City Attorney None. • 12. Next Councii Work Session: Tuesday, September 4, 2007, at 7:OQ p.m. Next Council Meeting: Monday, August 27, 2007 at 6:00 p.m. 13. ADJOURNMENT The meeting was adjourned at 11:00 p.m. Transcribed by: Joan Lenzmeier, Recording Clerk TimeSaver Off Site Secretarial, Inc. •