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HomeMy WebLinkAboutMinutes - 2007/08/27PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOT Regular Meeting August 27, 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: Stigney, Hull, Flaherty, Mueller, and Marty N(1T PRESENT: None. 4. APPROVAL UF AGENDA A. Monday, August 27, 2007 City Council Agenda MOTION/SECOND: Mue11er/Hu11. To Approve the Monday, August 27, 2007 City Council Agenda as Presented. Ayes - 4 Nays - 0 Motion carried. Mayor Marty was not present for the vote. 5. PUBLIC INPUT Mayor Marty arrived at this point in the meeting. William Werner of 2765 Sherwood Road addressed Council regarding the Finance Division of the Streets Task Force. Mr. Werner said that there is an alternate plan put out by the Finance Director that would not require assessments. Mr. Werner said that he would like to see the City use the tax reduction fund for the streets and not increase taxes to pay for them. Mr. Werner said that using the tax reduction fund to lower his taxes saves him $35.00 per year whereas using the fund to pay for streets would sa~e him $100.00. Mr. Werner said that he is concerned regarding the question on the city website of whether to have a swimming pool at the community center. He then said that a swimming pool is not something he wants to pay for. Mounds View City Council August 27, 2007 Regular Meeting Page 2 1 City Administrator Ulrich indicated that Staff is rotating questions and survey requests on the ~ 2 website as a way to receive public input. Staff will replace the swimming pool question. 3 4 David Jahnke of 8428 Eastwood Road said that he would really like to have Council look at all 5 the options before making a decision. 6 7 City Administrator Ulrich said that the Task Force recommendation would not preclude using the s tax reduction fund. However, the recommendation as it stands now is for a levy increase. The 9 recommendation would preclude the direct assessments to the properiy owners. l0 11 Mayor Marty explained that the Council has considered assessments for the previous project 12 which was defeated by petition.. 13 14 Kim Moulzolf of 2241 Buckingham Lane addressed Council and said that she is at her wits end 1s regarding problems at Townsedge Terrace. Ms. Moulzolf indicated that Mr. Anderson came out 16 and inspected pipes that were broken on the outside of the trailer and said it was the 17 responsibility of the park owner. She had to hire a plumber to fix it and he said that the risers are 18 leaking and she can not get anyone at the park to fix the pipes. 19 2o Community Development Director Ericson said that he would work with Ms. Moulzolf and the 21 park owner to see what can be done. 22 z3 6. SPECIAL ORDER OF BUISNESS • 24 25 A. 2008 Budget Discussion 26 27 Finance Director Beer explained that Staff was asked to review the budget for any possible 28 reductions. Staff has done that and has reduced the imbalance to $474,000. 29 3o Council Member Flaherty said that something needs to be in to the Caunty by September 15, 31 2007 and this Council has not received an official xecommendation from the Task Force on the 32 street project. 33 34 Council Member Flaherty suggested considering financing for years two through 11 rather than 35 one through 10 as there is a time shortage. Council Member Flaherty suggested funding the first 36 year through existing City funds and then levying for years two through 11. 37 38 City Administrator Ulrich clarified that the suggestion is to defer the levy to 2008 but continue 39 with the project. 40 41 Finance Director Beer explained that the City would not run short of funds for the street project 42 until the end of the project and that is why the amounts were stretched out over time rather than 43 hit taxpayers with all of it at the end of the project. 44 • Mounds View City Council August 27, 2007 Regular Meeting Page 3 '• 1 Council Member Mueller indicated that she feels it would be irresponsible not to really look at 2 the budget to see where things can be cut. 3 4 Council Member Stigney indicated that he feels that this will mean that the special levy for the 5 streets continues indefinitely and that is why he wants to review this and look at different ways to 6 fund the street project. Council Member Stigney indicated that he would like whatever the ~ suggestion ends up being to be put on a ballot for the voters. g 9 Council went through the budget page by page and discussed the items. There was discussion lo regarding the costs for the upcoming presidenrial election. Council discussed transfers of debt 11 and asked for clarification. Finance Director Beer explained that as capital items are eliminated there is a resulting transfer. Mayor Marty asked about revenues for housing inspections. Finance Director Beer indicated that the only change to revenues was an addition of $15,000 for the billboard revenues. Mayor Marty said that housing inspections went up $50.00. Finance Director Beer indicated that he is not sure what specifically goes into that account. Community Development Director Ericson said that if there is a housing inspection situation, where Staff has to make repeat trips out to the home, then there is a fee that is charged to the property owner. Council Member Mueller asked where the engineering firm expenditures are listed. Finance Director Beer indicated that the engineering firm fees could be in several Iocations and listed them for Council. Mayor Marty asked why warkers compensation went down. Finance Director Beer indicated that costs have gone down. Mayor Marty indicated he would like to reduce the Festivities Fund. Council agreed. Council cut the fund in half. Council Member Flaherty indicated there have been considerable increases in personnel services in the elections account and he is wondering why. Finance Director Beer indicated that he used the figures from 2006. The increases look rather large when you look at an off election year. Mounds View City Council August 27, 2007 Regular Meeting Page 4 1 2 3 4 5 6 7 s 9 lo 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2s 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Mayor Marty questioned overtime salaries and part time, and asked whether this much is needed. • Mayor Marty would like to reduce that amount. Council eliminated other professional services of $1,000. Mayor Marty asked whether mileage could be reduced to $700.00. City Administrator Ulrich indicated that his mileage has averaged approximately $600.00, and with the addition of other staff in the department he would suggest that it be reduced to no less than $8Q0.00. MOTION/SECOND: Mueller/Stigney. To Table the Budget Discussion Until After the Regular Council Business Provided it Does Not Go Past 10:00 p.m. Ayes - 5 Nays - 0 Motion carried. Council Member Stigney said that the City Administrator has not gone through the budget for further reductions but will do so for the work session. B. Presentation to the Ralph R. Reeder Food Shelf from the Festival in the Park Car and Tractor Show Council Member Mueller indicated that $150.00 was raised for the Food Shelf at the Festival in • the Park Car and Tractor Show. Council Member Mueller presented the $150.00 to Lisa Baker, the Ralph Reader Food Shelf representative. 7. COUNCIL BUSINESS A. Public Hearing, Second Reading and Adoption of Ordinance 796 CenterPoint Franchise Fee Authorization Mayor Marty opened the public hearing. Hearing no public comments, Mayor Marty closed the public hearing. MOTION/SECOND: Flaherly/Mueller. To Waive the Reading and Approve Ordinance 796, Adopting a Franchise Fee and on Centerpoint EnergyApproving the ordinance Summary. ROLL CALL: Marty/Stigney/Flaherly/Hull/Mueller Ayes - 5 Nays - 0 Motion carried. B. Public Hearing, Second Reading and Adoption of Ordinance 797, • Xcel Franchise Fee Authorization Mounds View City Council August 27, 2007 Regular Meeting Page 5 Finance Director Beer explained that there have been no changes since the First Reading was heard. Mayor Marty opened the public hearing. Bill Doty of 3049 Bronson Drive asked how much money is taken in by the franchise fee with Xcel. Finance Director Beer indicated that the amount is approximately $550,000 annually. Mr. Doty said that this is one thing that he wishes was eliminated with the first Charter. Mr. Doty said that this is an added tax on ~he resident. Hearing no further public comment, Mayor Marty ciosed the public hearing. MOTION/SECOND: Mueller/Stigney. To Waive the Reading and Adopt Ordinance 797, Adopting a Franchise Fee on Xcel. ROLL CALL: Marty/Stigney/Flaherly/Hull/Mueller Ayes-5 Nays-0 Motion carried. C. Resolution 7143, Suspension of On Sale Liquor License for Roberts Sports Bar and Entertainment Assistant Administrator Crane provided information on delinquent taxes for Roberts Sports Bar and noted that they no longer have liquor liability insurance both of which are grounds for revocation of a liquor license. Mayor Marty opened the public hearing. 33 Attorney Riggs noted, for the record, that the Staff report and his letter outline the findings of 34 fact to establish the grounds for suspension. Attorney Riggs recommended suspension of the 35 license in order to allow them the ability to come into compliance and allow them the 36 opportunity to sell the business. 37 38 Hearing no public comments, Mayor Marty closed the public hearing. 39 4o Council Member Mueller asked Staff to explain how the delinquent taxes were found and why it 41 was not known in previous years. 42 43 Assistant Crane said that she sends a letter to the Department of Revenue as part of the renewal • 44 process, but she did not get any information or a letter from them regarding delinquent taxes. Mounds View City Council August 27, 2007 Regular Meeting Page 6 1 Assistant Crane noted that Staff now has access to delinquent taa~ information on line and that is • 2 how this was found. 3 4 MOTION/SECOND: Mueller/Hull. To Waive the Reading and Approve Resolution 7143, 5 Approving a Liquor License Suspension for Roberts Sports Bar and Entertainment. 6 7 Council Member Mueller said that the loss of this business is a loss to the community. s 9 Mayor Marty agreed. 10 11 D. Resolution 7129, Consider a Preliminary Plat for the Abiding Savior Major 12 Subdivision of 8184 Eastwood Road and 8211 Red Oak Drive 13 14 Community Development Director Ericson explained the major subdivision request noting that 15 this is really a realignment of the lot line and not the creation of new lots. Director Ericson 16 indicated that there are two lots presently, and the Church has requested a subdivision taking the 17 back 2/3 of the property and adjoining it to the rest of the Church properiy. 1s 19 Director Ericson explained that the setback and easement issues are resolved on the plat. 2o Director Ericson indicated that Staff worked with the City Attorney and Xcel Energy regarding 21 platting an easement for the overhead utility lines and Staff has determined that the easements on 22 the plat are sufficient for the City for utility easements, and Xcel feels there is a prescriptive 23 easement due to the length of time the lines have been in that location. • 24 25 Director Ericson provided options for Council consideration for the park dedication fee. 26 27 Director Ericson explained that the Planning Commission recommended approval unanimously. 28 Director Ericson indicated that if the Church does plan to move forward with any senior housing 29 development, that would need to go before the City for several actions, including Comprehensive 3o Plan Amendment and a rezoning before that would be allowed to move forward. 31 32 Pete Sargent, from Abiding Savior Lutheran Church, asked the Council to vote favorably on their 33 lot split, as this has taken almost a year to get accomplished. 34 35 Ken Fletcher of 8330 Sunnyside Road addressed the Council, indicating said that he has lived in 36 Mounds View for 30 years, and has been a member of at Abiding Savior for 30 years. Mr. 37 Fletcher said that he opposes this lot split and purchase, and he does not believe that this project 3s was God inspired. Mr. Fletcher said that he does not beiieve that they ha~e any business putting 39 this development in his back yard. Mr. Fletcher suggested they sell the properly as they got it, 4o and not to develop in his backyard. 41 42 Mr. Fletcher said that they are here asking for permission, and they should be asking for 43 forgiveness. Mr. Fletcher read a letter from the church noting the home is not seliable until the 44 lot is subdivided. The letter went on to state that the plan is to sell the extra property to a • 45 developer for a senior housing development. Mounds View City Council August 27, 2007 Regular Meeting Page 7 Randy Heltzer, 8180 Eastwood Road, said that he discussed this matter with the Church last week and said he was looking for satisfaction that nothing would be done in the next five years with that property. Mr. Heltzer asked to have Council require that the utilities be handled as part of this approval because they will come up through the front to the pole and that is not what he wants to have done. Jim Sikorski of 8340 Sunnyside Road appeared before Council and said that his message is that this subdivision is nothing more than a pretense to make the land big enough to be able to create a subdivision for senior housing. Mr. Sikorski asked that Council reject this proposal. 12 Mr. Sargent said that the Church may come back at a future date for a housing project or a tennis 13 court or nothing at all. Mr. Sargent said that churches do acquire property from time to time to 14 increase values and there are some that would like to see senior housing and that will encourage 15 them. Mr. Sargent indicated that whatever their future plans are, would need approval of Council 16 in accordance with City requirements. Mayox Marty indicated that there are uses that would require approval of the City, but the tennis court and open space would not. Mayor Marty said that he has talked with several people from the Church and told them that the plan for senior housing does not fit the City's Comprehensive Plan. Mayor Marty said that when this was first introduced to the City and the Planning Commission, this was a minor subdivision but, due to the amount of acreage involved, it was determined to be a major subdivision. Mayor Marty clarified that the delay on this is not the fault of the City. Council Member Flaherty said that he had asked the Church and Mr. Heltzer to discuss the matter, and he appreciates that they ha~e done so. Council Member Flaherty indicated that he has not heard a compelling reason to deny this request. Council Member Flaherty said that he does not feel it would be appropriate to waive a park dedication fee, so he would recommend Option 4 fox $3,974.00. Council Member Mueller said that she has discussed this with members of the congregation and attempted to contact Mr. Heltzer. Council Member Mueller said that this request is separate from any future requests. MOTION/SECOND: Mueller/Flaherty. To Waive the Reading and Approve Resolution 7129, Consider a Preliminary Plat for the Abiding Savior Major Subdivision of 8184 Eastwood Road and 8211 Red Oak Drive, With Park Dedication Fee of $3,974.00. Council Member Stigney asked whether there is any legal right to deny this or any legal right to require that the utilities be moved. Attorney Riggs indicated that there are no findings to suggest a right to deny. As to the movement of the utilities, that is subject to what Xcel wants to do. Mounds View City Council August 27, 2007 Regular Meeting Page 8 1 Council Member Stigney asked whether the letter of agreement between Mr. Heltzer and the • 2 Church can be added as a condition. 3 4 Attorney Riggs explained that the letter could become a condition. s 6 Mr. Heltzer said that if this comes back for further subdivision, then there is a different property 7 owner involved, and he is concerned about how his utilities will be handled and who is 8 responsible to obtain the easements. 9 1o Mr. Heltzer indicated that he does not agree to that letter at all. lI 12 Attorney Riggs indicated that if this subdivision does not require moving utilities, then this 13 would not be necessary. He then said that there could be a condition that any fiirther subdivision 14 requires moving the utilizes, and that cost is to be born by the developer but, at this time, that is 15 premature as there is no request for further subdivision. 16 1~ Council Member Mueller said she is concerned about adding the letter because it may seem that 18 the City is going along with any plans for future development and that is not the case. 19 2o MOTION/SECOND: Stigney/Marty. To Amend Resolution 7129 to Raise the Park Dedication 21 Fee to Option 3 at 10% for $8,655.00. 22 23 Council Member Stigney said that this is a major subaivision whether or not they are a Church • 24 and he feels that $8,655.00 is a fair amount. 25 26 Council Member Flaherty indicated he went with the Staff recommendation and the reasons are 27 that this subdivision has no impact on the City's park system. 28 29 Council Member Stigney said that he feels that the park dedication fee should be applied to the 3o subdivided parcel. 31 32 Mayor Marty agreed and said that he feels that the park dedication fee should apply to the .80 33 subdivided acreage. 34 35 Ayes - 2(Marty/Stigney) Nays - 3 Amendment failed. 36 37 Mayor Marty said that there are views on both sides of this issue. However, the decision before 38 this Council is a major subdivision that meets the City's requirements. 39 4o Council Member Stigney indicated that he agreed, but said it does not sway his mind on the park 41 dedication fee so he cannot support this. 42 43 Ayes - 4 Nays - 1(Stigney) Motion carried. 44 • Mounds View City Council August 27, 2007 Regular Meeting Page 9 E. Resolution 7144, Twin Cities North Chamber of Commerce Revised Lease Agreement City Administrator Ulrich reviewed the proposed lease amendments for Council noting that the Chamber no longer has charitable gambling, and has asked that their lease amount be reduced. MOTION/SECOND: Mueller/Hull. To Waive the Reading and Approve Resolution 7144, Twin Cities North Chamber of Commerce Revised Lease Agreement. Council Member Stigney indicated that the City needs to look at getting financial income from the space rather than just turning it over to the YMCA as part of the Community Center. Council Member Mueller indicated that this may help out with renting space to someone who needs a larger space, making one that was not available previously available now. Council Member Stigney expressed concern with the potential for open costs in the agreement under what the Landlord will provide. Council Member Stigney indicated he would like to have them pay for at least half of the costs to make improvements. MOTION/SECOND: Stigney/Mueller . Amendment To Eiiminate Exhibit B. Ayes - 5 Nays - 0 Amendment Carried. Vote on Resolution 7144: Ayes - 5 Nays - 0 Motion carried. F. First Reading and Introduction of Ordinance 799 to Clarify Language Relating to Official Publication Assistant Crane reviewed the proposed Ordinance amending the Charter. Mayor Marty opened the public hearing. Hearing no public comment, Mayor Marty closed the public hearing. MOTION/SECOND: Mueller/Stigney. To Waive the Reading and Introduce Ordinance 799, to Clarify Language Relating to Official Publication. Ayes - 5 Nays - 0 Motion carried. G. First Reading and Introduction of Ordinance 798, an Ordinance Amending Chapter 1113 of the Mounds View Zoning Code Related to Therapeutic Massage Businesses Mounds View City Council August 27, 2007 Regular Meeting Page 10 1 Community Development Director Ericson reviewed the revisions to Ordinance 798 explaining • 2 that since the City has such strenuous licensing procedures a conditional use permit was 3 determined not to be necessary. Based on the recomniendation of the Planning Commission 4 there is an Ordinance for review to identify therapeutic massage as an allowed use within the B2 5 Zoning District. 6 ~ Council Member Stigney questioned 514.06 for therapeutic massage therapist license as it g requires evidence of 400 certified hours and he would like to know what the state requirement is. 9 1o Director Ericson indicated that there may not be a state requirement. Staff would need to review 11 it, however, any changes to Chapter 514 would need to be addressed in a subsequent amendment. 12 13 Council Member Stigney said that either they have the 400 hours before the license, or they do 14 not, so the language seems to conflict. He would like to remove Item 4 and require the 400 hours 15 prior to the license, not after it is approved. 16 1 ~ Council Member Stigney asked Staff to determine what the state insurance requirements would 18 be for this type of business. ~9 2o Mayor Marty indicated that in Section 514.06, Subd. BS it reads names and addresses of 21 applicants employers for the last five years, and number 6 asks whether there is a conviction of a 22 felony crime, etc. He then said that he feels that if the applicant is not the therapist, then the 23 therapist should be subject to the same investigation requirements. • 24 25 Staff will clarify to require that as that is what the original intent was. 26 2~ Mayor Marty would like to amend Section 514.08 to include any employee doing massage. 2s 29 Mayor Marty indicated that he feels that only someone who holds a license need apply under 30 514.15, temporary therapist licensing. 31 32 Director Ericson said that the way this is read, is that you need to be affiliated with a licensed 33 enterprise in order to apply for a temporary therapist license. Staff suggested looking at this with 34 the City Attorney for clarification. 35 36 Council Member Mueller indicated that her employer, from time to time, has provided the ability 3~ to have a therapeutic massage during the work day as a performance incentive, and she is 38 wondering if this Code would eliminate that. 39 4o MOTION/SECOND: Mueller/Stigney. To Waive the Reading, and Introduce Ordinance 798, an 41 Ordinance Amending Chapter 1113 of the Mounds View Zoning Code Related to Therapeutic 42 Massage Businesses. 43 44 Ayes - 5 Nays - 0 Motion carried. • 45 Mounds View City Council August 27, 2007 Regular Meeting Page 11 H. Resolution 7145 Establishing a One Year Moratorium on Boxing, Mixed Martial Arts and Ultimate Fighting Mayor Marty asked that this be put on the May or June 2008 work session Agenda so it does not slip through the cracks. MOTION/SECOND: Marty/Mueller. To Waive the Reading and Approve Resolution 7145 Establishing a One Year Moratorium on Boxing, Mixed Martial Arts and Ultimate Fighting. Ayes - S Nays - 0 Motion carried. I. Resolution 7146 Accepting Donation from Bethlehem Baptist Church Assistant Crane reviewed the contribution of $15,918 and outlined the letter as to how Bethlehem Baptist Church would like the money utilized. Council Member Stigney asked about the programs at Edgewood. Council Member Mueller provided an explanation of the programs. MOTION/SECOND: Mueller/Hull. To Waive the Reading and Approve Resolution 7146 Accepting Donation from Bethlehem Baptist Church. Council Member Stigney pointed out that Bethlehem Baptist Church is contributing this money in lieu of taxes, so he thinks that the City should look at contributing to something that contributes more to the overall benefit of the community. Council Member Stigney said that he is not against these programs, but pointed out that general taxes would not be used for this type of use. Council Member Mueller said that she would like to accept the donation and allow them to specify how it is used. Council Member Stigney indicated that this is not a donation out of the goodness of their heart, but a requirement of the business agreement reached with the City when they came into the City. Council discussed the history of the agreement reached with the Church. Council Member Flaherty indicated he would like a representative of STAND and SALE to come before the Council and provide information on what they do for the school. Council Member Stigney emphasized that this is a limited program for certain kids, and he would rather have this general tax money go toward something like Festival in the Park. He then said that he is a little concerned about allocating the funds this way, because it could become precedent. Mounds View City Council August 27, 2007 Regular Meeting Page 12 1 2 3 4 5 6 7 8 9 lo 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Council Member Flaherty indicated that he would like to hear from STAND and SALE as to what they do for the schools. MOTION/SECOND: Flaherty/Marty. To Amend the Motion to Accept the Donation and Postpone the Allocation for Item 1 to the September 10, 2007 Council Meeting. Ayes - 5 Nays - 0 Amendment carried. Ayes - 5 Nays - 0 Motion carried as amended. J. Second Reading and Adoption of Ordinance 794, an Ordinance Relating to the Height of Swimming Pool Fences Community Development Director Ericson explained that pool owners had asked for consistency with the Minnesota State Building Code in regard to the height of pool fences. Mayor Marty opened the public hearing. Hearing no public comments, Mayor Marty closed the public hearing. Mayor Marty asked about Subdivision 2 and the requirement far the latching mechanism at 54", being that a 4 foot fence isn't that high. Director Ericson explained the subdivision that allows for a taller fence and requires the mechanism to be on the other side of the fence. MOTION/SECOND; Mueller/Stigney. To Waive the Reading and Adopt Ordinance 794, an Ordinance Reiating to the Height of Swimming Pool Fences. ROLL CALL: Marty/Stigney/Flaherty/HulUMueller Ayes - 5 Nays - 0 Motion carried. K. Ordinance 795 an Ordinance Amending Chapter 1001 Pertaining to the Building Code Community Development Director Ericson noted that no changes were made since the introduction of Ordinance 795 and explained the change that this amendment proposes. This is an update reflecting the changes made to the State Code to update the City's Code and bring the City into compliance. Mayor Marty opened the public hearing. Hearing no public comment, Mayor Marly closed the public hearing. . • • Mounds View City Council August 27, 2007 Regular Meeting Page 13 ~ 1 MOTION/SECOND: Mueller/Flaherty. To Waive the Reading and Adopt Ordinance 795, an 2 Ordinance Amending Chapter 1001 Pertaining to the Building Code. 3 4 ROLL CALL: Marty/Stigney/Flaherty/Hull/Mueller 5 6 Ayes - S Nays - 0 Motion carried. 7 8 L. Resolution 7140, Updating Feasibitity Report for the 2008 Street and Utility 9 Improvement Project 10 11 Public Works Director Lee reviewed the options for the Council to consiaer. There is also an 12 issue with the Charter for a project in 2008, as it states that when a proposed improvement is 13 disallowed, the City Council shall not vote within one year. So, using the 2007-2008 feasibility 14 may violate the City's Charter and Staff would need a legal opinion on that. 15 16 Director Lee indicated that the other issue is the definition of voting and what that cavers, that 1~ will also need legal interpretation. 18 19 Director Lee indicated that there are some items that will need to be done including defining the 20 scope of the project, and what the costs of those items would be. 21 .22 Director Lee indicated that, from a cost effectiveness standpoint, and engineering perspective, he 23 would recommend Option 4, delaying the street project unti12009. 24 25 Director Lee indicated that there is the potential for up to 800 rain gardens in the City, and that 26 may require contracts with residents, and potential ordinance amendments. Staff noted that 27 postponing this any longer may mean that there cannot be a street project in 2008. 28 29 Council Member Stigney asked whether the City Attorney could comment on the Iega1 concerns 3o raised. 31 32 Attorney Riggs indicated that this was discussed with Staff briefly, and he generally concurs. He 33 then said that if there is no special assessment involved then the timing requirements change. 34 35 Council Member Flaherty asked whether the fact that a portion of the project was stopped by 36 petition, impacts whether another portion of the project can proceed. 37 38 Attorney Riggs indicated that it is his opinion, that this would be a different project. 39 4o Mayor Mariy reviewed some of the requirements within the feasibility costs, and said he would 41 think that it would cost well less than $17,000. 42 43 Joe Rhein, BRAA indicated that there was a complete report for this project and, when the • 44 petition stopped the project was put on the shelf. He then said that then this project came about 45 for 2008 that is a portion of the other project. Mounds View City Council August 27, 2007 Regular Meeting Page 14 i ~ 2 Mr. Rhein indicated that they could shrink the report and costs down, but there is still creation of 3 a cost document and specifications. 4 5 Mayor Marty asked whether the City is getting billed for Mr. Rhein coming to the Task Force 6 meetings and participating. 7 s Mr. Rhein indicated that there are costs associated with his attendance at those meetings. 9 1o Council Member Flaherty indicated that the City needs to separate this project from the original 11 project. 12 13 Council Member Mueller asked for costs information on Project B in 2009 and Project C in 2010 14 to get the project ready for bid. 15 16 Public Works Director Lee indicated that he wonld not recommend that the City take on putting 1~ together reports and the design of these projects at this time. Doing so, would require additional 18 staffing. 19 2o Mr. Rhein explained that there are three steps to the engineering on a project. The first is the 21 feasibility report, then first order cost estimate for the project. The second is the public hearing 22 process where the City determines whether to proceed and the third step is the awarding of the 23 bid. He then provided an explanation on what items contribute to the 27% administrative costs. • 24 25 Brian Amundsen appeared before Council, and thanked Council for obtaining the cost 26 information before proceeding. Mr. Amundson said, that in regard to voting on the project, the 27 timeline for voting is not until after the one year anniversary of the petition expires. 28 29 Mr. Amundsen said he recently read in the paper the costs that New Brighton is paying for 3o development in their northwest quadrant, and he thought that the percentages were below 10%, 31 so he is not sure why the City is paying 15%, if it is also paying for hourly attendance of the 32 consultant. 33 34 Mr. Amundsen asked how much the City saves on the end project compared to the extra costs for 35 the feasibility reports. 36 37 Mr. Amundsen said that he would like to see a project in 2008 to get this going. Mr. Amundsen 3s said that he thinks that the City is in tune with what residents want with the streets project, and it 39 is a number one priority, and has been for a number of years. 40 41 Mayor Marty thanked Mr. Amundson for his input. 42 43 Council Member Flaherty said that he appreciated the input of Mr. Amundson. Council Member 44 Flaherty said that he thinks the cheapest way to separate this project from the original project is • 45 the $6,800 option. Mounds View City Council August 27, 2007 Regular Meeting Page 15 ~1 2 Council Member Mueller said that she has been getting phone calls from residents not on the 3 Task Force, who are upset that the Task Force is not considering everyone in the community. 4 She then said that the question was whether these things would go before the voters to determine 5 just how much should be spent on this type of project. 6 7 Mayor Marty noted that the Task Force is volunteers and anyone is welcome to come with 8 questions to the Task Force meeting andlor the Council meetings. He then said that Council 9 wants the input, but has to make a decision at some point. And, that decision will not make 10 everyone happy. 11 12 Council Member Stigney said that some people cannot come to a Task Force meeting, so yes, 13 there is a Task Force, but he is not sure that everything is being brought forward. He then said 14 that he feels that this should go to a referendum, because the people of the City will have to live 15 with it. 16 1~ Council Member Hull asked how much it would cost to put this out for referendum. 18 19 Finance Director Beer indicated that the City would share the costs with the School Board and 2o estimated it to cost approximately $10,000. 21 • 22 MOTION/SECOND: Mueller/Hull. To Move Forward with Option 2, not to exceed $6,800 on 23 Preparation of the Feasibility Study for the 2008 Street Project. 24 25 Council Member Stigney said that he does not think that this is the best financial plan for the 26 City with this project. He then said that he disagrees with the proposed financing plan. 27 28 Council Member Stigney said that one of the whereas clauses states that the report should be 29 updated based on the recommendation from the Streets and Utility Task Force, which includes 30 the Financing Plan. 31 32 Public Works Director Lee suggested amending the whereas to "based on the tentative design 33 recommendation of the Streets and Utility Task Force" and eliminating reference to financing. 34 35 MOTION/SECOND: Stigney/Marty. To Update the Resolution to state the Report should be 36 Based on the Current Design Recommendations of the Streets and Utility Task Force and not 37 include the Financing. 38 39 Ayes - 5 Nays - 0 Motion carried. 40 41 Community Development Director Ericson asked whether this is amending previously approved 42 Resolution 7140. • 43 Mounds View City Council August 27, 2007 Regular Meeting Page 16 1 MOTIONlSECOND: Mueller/Stigney. To Rescind the Last Motion to Amend and Amend ~ 2 Resolution 7140 to Amend the Whereas Clause and Resolved clause to Design, and .Amend the 3 amount to $6,800. 4 5 Ayes - 5 Nays - 0 Motion carried. 6 7 8. CONSENT AGENDA 8 9 A. Licenses for Approval 10 B. Set a Public Hearing for Monday, September 10, 2007 at 7:05 pm for the 11 Second Reading and Adoption of Ordinance 799, an Ordinance Approving 12 an Amendment of Chapter 12 of the Mounds View City Charter. 13 C. Set a Public Hearing for Monday, September 10, 2007 at 7:10 pm for the 14 Second Reading and Adoption of Ordinance 798, an Ordinance Amending 15 Chapter 1113 of the Mounds View Zoning Code Related to Therapeutic 16 Massage Businesses 17 18 MOTION/SECOND: HulUMueller. To Approve the Consent Agenda as Presented. 19 20 Ayes - 5 Nays - Q Motion carried. 21 22 9. JUST AND CORRECT CLAIMS 23 • 24 Finance Director Beer asked whether the disbursement of the funds from Bethlehem Baptist 25 Church to Edgewood Middle School should be held. Council agreed. 26 27 Mayor Marty asked about the trophies and plaques. 28 29 Finance Director Beer indicated that it was for the trophies and plaques for the car show. 30 31 Council Member Stigney asked how much the car show brought in. 32 33 Council Member Mueller indicated between the trophy sponsors and the sponsors that 34 contributed, and registrations of the vehicles there was $730.00 brought in. There were 33 cars 35 and display cars and tractors at the event which is really good based upon the weather. 36 Tn addition, $150.00 was raised by the specialty judging for the food shelf. We have no way of 37 knowing how much the car show participants brought into the Festival through playing Bingo 38 and other events at the Festival. 39 40 41 42 43 Mayor Marty asked about the sponsorship for the Greater Metropolitan Housing. 44 • Mounds View City Council August 27, 2007 Regular Meeting Page 17 Community Development Director Ericson indicated that would normally have been paid earlier in the year and is the City's contribution to that program. Mayor Mariy asked about the costs for vibratory plowing. Finance Director Beer explained that vibratory plowing is used to cut roots to treat oak wilt. Mayor Marty asked about marker flags. Public Works Director Lee explained that this is for locates. Mayor Marty asked about screen printing t-shirts for $420.00. Finance Director Beer indicated that it was for Staff t-shirts for workers at the Festival. Council Member Mueller indicated of the red Festival t-shirts for sale, 30 shirts were sold and 30 shirts were used in promotions and 10 to raffle off as prizes and 5 or 10 to Bingo to use as Bingo prizes and the remaining shirts are being sent to the Red Cross to be given to flood victims. The red Festival shirts and their proceeds were all donated to the Festival Mayor Marty suggested having a generic shirt for staff without a date or year so that they can use the festival shirts for more than one year. Council Member Flaherty said that this year was not a good year to use as a measurement of success, because only about a fourth of the people that would have attended did, due to the weather. Mayor Marty asked about the gas purchases at The Station. He thought the City had a contract with Holiday and this is to the Station. Finance Director Beer indicated that he believed the City Staff had contracts with all local stations and changed stations, as the pricing was more competitive. Mayor Marty asked about cartridges for target practice and why that is under uniforms. Finance Director Beer indicated that the invoice was from Uniforms Unlimited and that is where the cartridges are purchased. Council Member Stigney asked whether the City has approached other stations in town for a price quote. Council Member Stigney asked what the item switch, cleaner was. Public Works Director Lee indicated that he would look into it. Mounds View City Council August 27, 2007 Regular Meeting Page 18 1 MOTION/SECOND: Mariy/Stigney. To Approve Just and Correct Claims as Amended to Hold • 2 the One Check as Discussed. 3 4 Ayes - 5 Nays - 0 Motion carried. 5 6 10. APPROVAL OF MINUTES 7 8 A. July 9, 2007 City Council Meeting Minutes 9 1 o Mayor Marty: On Page 2, Line 3 changes, and recommends approval remove the s. 11 12 Council Member Mueller: On Line 42 it is a change, as the charter allows not to exceed 21 days 13 instead of 30 days. 14 15 Council Member Flaherty: Page 5, Line 2(asked to review the tape) stated he did not like being 16 threatened. 17 18 Mayor Mariy: On Page 8, Line 30 add Council Member Stigney agreed. On Page 10, Line 5 and 19 Line 8 should be Director Ericson and Line 5 Mr. Perozi should be corrected. 20 21 MOTION/SECOND: Marty/Mueller. To Approve the July 9, 2007 City Council Minutes as 22 Amended. 23 • 24 Ayes - S Nays - 0 Motion carried. 25 26 B. July 23, 2007 City Council Meeting Minutes 27 28 Mayor Marty said he submitted changes to Staff previously. 29 3o MOTION/SECOND: Mueller/Flaherty. To Approve the July 23, 2007 City Council Minutes as 31 Amended. 32 33 Ayes - 5 Nays - 0 Motion carried. 34 35 11. REPORTS 36 37 A. Reports of Mayor and Council 38 39 Mayor Marty tha.nked everyone who participated in Festival in the Park. Mayor Marty explained 4o that two Staff inembers are now able to enter information for the city's sign, to avoid the issues 41 of not being able to put fireworks cancellation on the sign. The City sign showed fireworks were 42 still on for Sunday night. People were calling to see if the fireivorks would still be held. 43 44 Community Development Director Ericson indicated that Medtronic does not have any issue • 45 with rolling the funds for firewarks from this year into the 2008 celebration. Mounds View City Council August 27, 2007 Regular Meeting Page 19 Council Member Mueller said that the Festival had a good turnout despite the weather. They received a thank you note from Terry and Tracy Poirer of White Bear Lake, who participated in the car show, and they look forward to participating next year. Including Mounds View, we had some people from 10 communities to participate B. Reports of Staff City Administrator Ulrich reported that the I-35W Corridor Coalition is having an update on the I-35 Bridge reconstruction and the meeting is August 29, 2007 at 4:30 p.m. with representatives from Mn/DOT present to discuss the reconstruction. City Administrator Ulrich reviewed the upcoming work session Agenda with Council. 15 Mayor Marty noted that one item on the work session, is the City Administrator position, since 16 Mr. Ulrich is going to the City of Ramsey, with September 13, 2007 being his last day. Council 17 will need to discuss assigning an Interim City Administrator as wei~ as a replacement and 18 recruitment plan. 19 2o Community Development Director Ericson indicated that the resident at 2091 Hillview requested 21 a 50 foot stub of right of way that the property owner has been maintaining, be annexed to her • 22 property. Staff has asked the City Attorney to review what the process would be. Director 23 Ericson indicated that there are no utilities in that location, and Staff does not see a future use for 24 the property from the City. Director Ericson noted that Moe's had some fire code issues, and the Council requested compliance with the fire code. The owner has provided information that the financing has been received, and a permit from the contractor has been requested, for installation of the hood vent. Public Works Director Lee noted that at the July 23, 2007 meeting, Council discussed issues related to Change Order 39, dealing with the insulation of the heating coils for the City Hall project. Since that time, Staff has met with legal counsel and SEH to discuss the issue, and a letter was provided outlining the City's legal position with this situation. He then provided that letter to Council and asked that they review it. Director Lee indicated that pursuit of this issue would exceed the cost of the value of this item. Mayor Marty indicated that he would like to put the engineer and contractor on notice that the City knows what happened. Council Member Flaherly asked Staff to ask the Engineer to split the costs with the City. Council agreed. Mayor Marly noted that the budget discussion would continue at the work session on September 4, 2007. Mounds View City Council August 27, 2007 Regular Meeting Page 20 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 C. Reports of City Attorney None. 12. Next Council Work Session: Next Council Meeting: Tuesday, September 4, 2007, at 7:00 p.m. Monday, September 10, 2007 at 7:00 p.m. 13. ADJOURNMENT The meeting was adjourried at 10:47 p.m. Transcribed by: Joan Lenzmeier, Recording Clerk TimeSaver Off Site Secretarial, Inc. i • I •