Loading...
HomeMy WebLinkAboutMinutes - 2007/09/24~ PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOT Regular Meeting September 24, 2007 Mounds View City Hall 2401 Highway 10, Mounds View, MN SS112 7:00 P.M. 1. MEETING IS CALLED TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Stigney, Hull, Mueller, Flaherly, and Marty NOT PRESENT: None. 4. APPROVAL OF AGENDA • A. Monday, September 24, 2007 City Council Agenda Interim Administrator Ericson noted that an item was added to the Agenda as 7G, Resolution 7165, Authorizing a One Day Gambling Permit for Friends of St. Paul Baseball. MOTION/SECOND: Mueller/Flal~erty. To Approve the Monday, September 24, 2007 City Council Agenda as Amended. Ayes - 5 Nays - 0 Motion carried. 5. PUBLIC INPUT Bruce Nustad from the Twin Cities North Chamber of Commerce addressed Council and said that the Chamber feels that enhancing the economic tax base of the City is very important to the City. Mr. Newstad said that the Chamber would like to urge the Council to make hiring a new Economic Development Specialist a priority to ensure that economic growth continues to be a priority for the City. Mr. Nustad asked the Council to fill the City Administrator position as quickly and with as little cost as possible and with an internal candidate if at all possible. He then said that he would urge the City to fill the remaining two positions as quickly as possible to ensure that the City continues to grow in economic development. Mr. Nustad provided his comments in writing to the Council for review. • Mounds View City Council September 24, 2007 Regular Meeting Page 2 Russ Warren of 8044 Greenwood Drive addressed Council regarding streets and utilities • throughout the City. Mr. Warren said that there are three suggested methods for paying for the street improvements and outlined them for Council. Mr. Warren said that assessment driven projects are subject to petition of a handful of citizens and those projects can be stopped. Mr. Warren said that the Medtronic funds could pay for some of the levy reduction and some of the streets but, that money would run out in 2013. Mr. Warren said that the bonding for the streets to pay over a 18 year period has the most benefit to the residents and puts all residents in this project together. Mr. Warren urged Council to choose the third option of paying with a levy as that is t~ deductible and will have the most benefit. Mike Read of 2208 Lois Drive thanked Council for keeping the tax levy down. Mr. Read said that there would be a disc golf ineeting coming up that he cannot make, and he and others in his neighborhood have concerns about allowing disc golfing. Valerie Amundsen of 3048 Wooddale Drive indicated that she is on the Streets and Utility Task Force and agrees with Mr. Warren. Ms. Amundsen said that there has been some discussion about bringing this for a levy vote to the citizens and having them decide the issue. Ms. Amundsen said that that does not seem to be the right way to go about it. Ms. Amundsen said that, if the streets are a number one goal of the City, then it is time to get the • streets done. Ms. Amundsen said that she was disappointed two weeks ago when she saw the action taken. She then said that she applauds Council for listening to Mr. Doty's comments, but, she does not feel that action should have been taken at that meeting. Ms. Amundsen requested that Council reconsider the action stopping the project. Ms. Amundsen said that Mr. Beer has said that 3.5% is what can be expected but, over 18 years at 3.5%, those on the end will pay about $6,000 and that is a large amount of money for a resident in the City. Ms. Amundsen said that the streets need to get done, and it would cost more money for the residents if it is voted down and done later as an assessment. Faith Rynders of 2581 Sherwood Road addressed the Council and said she joined the Task Force because her street was not done in 2007 because residents did not want to pay for it. She then said that, with the City participation, she felt that the Task Force was serious about getting something done. She further said that she is disappointed that the project was stopped after all the work that was done to get to this point. • Mounds View City Council September 24, 2007 Regular Meeting Page 3 • Ms. Rynders said that she was amazed when Mr. Beer came up with the suggested funding package, as that is affordable. She then said that not giving residents the opportunity to have their roads done for $1,000 over 10 years would be doing them a disservice. Sandy Dewing of 2816 Sherwood Road addressed the Council and asked Council to consider what wouid be done for the streets if this goes to referendum and is voted down. Tom Kosel of 8120 Jackson Drive said he holds the distinction of living on the worst street in the City. Mr. Kosel indicated that one reason for a referendum is to allow residents to express opinion, but, that has been provided through the Task Force, public hearings and the ability to come to Council meetings to speak. Mr. Kosel said that a referendum makes it possible that a minority of the citizens can defeat a project because that only takes into consideration those that actually come to the polls. Jim Cavanaugh of 7956 Red Oak Drive said that he lives on the busiest street in the City and it continues to get worse. Mr. Cavanaugh said that the Task Force met 11 times this year and 11 times last year and recommended the same design. He then said that every year that this is delayed adds $100,000 to the cost of the project. Mr. Cavanaugh asked Council to vote for the project and get the streets fixed. • 6. SPECIAL ORDER OF BUISNESS A. Follow-up on Request for Funding for the 2008 Care-a-Van (Senior Community Services (SCS) Ron Bloch) Mr. Bloch from Senior Community Services addressed the Council and provided information on their request for funding for the 2008 Care-a-Van explaining that they have had lack of interest and support from the other communities. Mr. Bloch requested that Council table this request at this time. Senior Community Services is working to lower the cost per ride, as that has been a concern of the area cities involved in this project. B. Xcel Energy Gas Main Permit Update Public Works Director Lee explained that Staff has been working with Xcel and believes that all the details have been worked out. Staff is working on a list of conditions to require with permit approval. r1 LJ Mounds View City Council September 24, 2007 Regular Meeting Page 4 Director Lee indicated that Staff is recommending moving the valve further to the west near the • driveway entrance to Walgreens, as there are already structures there for utilities, and Staff feels it would fit in better in that location. Council Member Mueller said that she agreed with Staff to locate the valve closer to the driveway, and said she would like Option 4 with the landscaping. Council Member Mueller asked about the safety valve. Director Lee indicated that there was a letter from Xcel in the packet. Dan Woehrle, Manger of Gas Engineering for Xcel, indicated that if there is a large pressure drop they would check the electronics to ensure the reading is correct, and then if it was showing a pressure drop, instructions would be given as to how to handle the situation. Council Member Flaherty said that his concern with the original location was a vehicle leaving the roadway and hitting the valve causing an explosion. Council Member Flaherty indicated that this location solves the problem. Council Member Flaherty indicated that automatic valves are not required for this type of application and the automatic valve would require a lot of above ground piping making the pipe more noticeable. Council Member Flaherty asked what happens if the pressure situation is not noticed. Mr. Woehrle said that they odorize the gas and would rely on peo le to re ort the smell of as. • P p g Council Member Flaherty asked whether a sniffer or monitor that could detect and alert Xcel in the event of a leak could be used. Mr. Woehrle said that they do not usually have a monitor on the outside. Council Member Flaherty said that he would look for some redundancy to ensure there is not a leak or an issue other than just pressure, because there are not a lot of people in the area, so the smell may not be noticed right away. John Wertish, Community Relations Manger for Xcel, indicated that they have ongoing gas leak detections throughout the communities each year that travel around sniffing the pipes to determine if there is any leak. Xcel indicated that they are highly regulated and are mandated to have numerous safety standards in place. Torri Johnson of Long Lake Road said that she is a Mounds View Resident and also works for Xcel Energy, and there are several employees who live in Mounds View. She then said that safety is very important to Xcel and they strive to ensure that everything is as safe as it can be for • Mounds View City Council September 24, 2007 Regular Meeting Page 5 • the communities they work in. She further said that she trusts the two representatives of Xcel and believes that this project will be done in a safe and efficient manner for the City. Council Member Stigney said that he would like to see a brick base like the billboard incorporated with the shrubbery. Xcel indicated that Staff suggested just the shrubbery but they are open to the suggestion regarding brick.. Xcel indicated that they met with Staff and thought that they reached agreement. He then said that they are open to discussing the brick wall option with Council. Mayor Marty said that he would like the City Forester to look over the suggested plantings, as he would like something that would be durable and provide the most cover. Mayor Marty said that he feels that the brick work may help to screen the valve location even more. Mayor Marty indicated that there has been input from citizens on this project, and that input has been that they would really like the option of the automatic vaive. He then asked if there would be a way to sink the valve farther into the ground. Mayor Marty noted that Xcel has said that it would cost the City $40,000 for the automatic valve, • but residents have said that they would be more comfortable with the automatic valve. The Xcel Gas Engineer explained that the staging would be on Highway 10 and on Greenwood, and said that they are negotiating with the Church to use their back lot for staging. Mayor Marly asked whether the easements were secured fxom the private property owners. Xcel indicated that they have secured two of the five and are negotiating with the others. Mayor Marty reviewed the comments of Staff to Xcel regarding conditions. Mayor Marty asked that no lane closures be later than 7:00 p.m., and asked that any holes have a cover placed over them over night. Council Member Flaherty asked whether he would smell gas in the vicinity of the structure. Xcel indicated that there should not be a smell. Catherine Landcrain of 5219 Irondale Road said that she felt like Xcel seemed insensitive to the safety concerns. She then thanked the Council for pressing Xcel on the safety features. She also said that she thinks it is crazy to ask residents to be on the look out for smells, as it is Xcel's burden and responsibiliiy to keep residents safe. U Mounds View City Council September 24, 2007 Regular Meeting Page 6 Ms. Landcra.in said that she is concerned that there has been a lack of detail with the project, and • she wonders if they are expanding to the north because she thought that Centerpointe services the communities to the north. Chris Johnson of 8200 Long Lake Road asked whether a condition would be to acquire easement along Sherwood Road. Council Member Flaherty suggested looking into a sniffer in that location rather than the more expensive automatic valve. 7. COUNCIL BUSINESS A. Continued Public Hearing, Second Reading and Adoption of Ordinance 799, an Ordinance Approving an Amendment to Chapter 12 of the Mounds View City Charter Assistant to the Administrator Crane noted that this would allow the City to designate a primary and secondary newspaper for publication. Opened the public hearing at 8:22p.m. Hearing no public comment, Mayor Marty closed the public hearing at 8:22 p.m. MOTION/SECOND: Mueller/Stigney. To Waive the Reading and Adopt Ordinance 799, an • Ordinance Approving an Amendment to Chapter 12 of the Mounds View City Charter. ROLL CALL: Stigney/Flaherty/Hull/Mueller/Marty Ayes - 5 Nays - 0 Motion carried. Council Member Stigney requested that Ordinance 799 be read. Interim Administrator Ericson read Ordinance 799. B. Resolution 7158, A Resolution Establishing the Process for Determiniag the Sufficiency of Petitions Pursuant to City Charter Interim Administrator Ericson reviewed the Resolution outlining the process for determining the sufficiency of petitions pursuant to the Charter. Interim Administrator Ericson read the criteria indicating those criteria are that the number of signatures must match, the signatures must be original and not photocopied, required information required by sponsoring members must be listed, and at least 80% must be legitimate on their face or upon validation. • Mounds View City Council September 24, 2007 Regutar Meeting Page 7 • Valerie Amundsen said that she originally did not have an issue with condition number 5, but now she is confused and would like to clarify it. She then said that she is concerned about the wording because she would like it to clarify that 80% af the required signatures be valid, not 80% of the signatures. The reason for the distinction is that, in her case, they had more signatures on the petition than required. Council Member Stigney said that the language is clear as it is. Barbara Thomas of 5444 Landmark Circle said that she has some concerns on the language regarding the discussion on authority of the Council to determine sufficiency by Resolution, as the Charter declares sufficiency, and this Resolution should explain the determination af sufficiency. Mayor Marty noted that the required information on sponsors must be present on each page and number four should state "on each page" as well. Council added "number of ' after the wording required as that is consistent with the language in the Charter. Council Member Mueller read Item 4 and suggested defining a frivolous petition or removal of the fourth whereas. • Attorney Riggs requested that the whereas be left in for clarity. MOTION/SECOND: Flaherty/Hull. To Waive the Reading and Approve Resolution 7158, A Resolution Establishing the Process for Determining the Sufficiency of Petitions Pursuant to City Charter As Amended. Mayor Marty noted that the changes include the Title of the Resolution, Page 2, Item 4, required information regarding sponsoring committee members must be present on each page, at least 80% of the required number af signatures must be legitimate upon their face or when validated. Ayes - 5 Nays - 0 Motion carried. Director Lee asked Council to go back to the Xcel Energy item for discussion. Xcel is Iooking to get a permit to rnove forward, and the issues that remain are screening of the valve and whether to use the automatic valve shut down. Mayor Marty said he would like more info on the automatic shutoff. Director Lee indicated that Xcel has asked for a conditional permit with a condition that screening would be further reviewed and approved by Council and the valve issue would be • further reviewed. Council agreed. Mounds View City Council September 24, 2007 Regular Meeting Page 8 Xcel commented that the construction window is getting smaller and they would like to proceed. . The representatives thanked Council for allowing the permit to move forwaard while the two remaining issues are resolved. G. Resolution 7165 Approving One Day Gambling Permit for Friends of St. Paul for Patrick Holmes Benefit Assistant to the Administrator Crane said that there is a benefit scheduled for Thursday, October 4, 2007 at Mounds View Community Center. Staff explained that a raffle is being conducted and they did not have a permit. Friends of St. Paul Baseball is a nonprofit and they have agreed to run the raffle for the benefit. Staff has reviewed the requirements and recommends approval. MOTION/SECOND: Marty/Stigney. To Waive the Reading and Approve Resolution 7165, Approving a One Day Gambling Permit for Friends of St. Paul Baseball for the Patrick Holmes Benef t. The Benefit Dinner is on October 4, 2007 from 4:00 p.m. to 8:00 and asked anyone interested to attend to help the Holmes family. Ayes - 5 Nays - 0 Motion carried. E. Resolution 7163, Approving the Printing and Distribution of the Summary ~ Report Document and Setting a Public Hearing Date for the Street and Utility Improvement Program Public Works Director Lee explained that the Streets and Utility Task Force was created with four objectives including developing a financial plan to address reconstruction of the streets, to develop street standards, develop prioritization and innplementation plan, and to develop a comYnunication plan. The Task Force has addressed all four objectives and they will be providing a recommendation to the Council including a suinmary report which is submitted to Council for approval of printing and distribution. Director Lee explained that, if Council chooses not to hoid a referendum vote on this matter, then the document should be amended to remove that language, prior to the printing of this document. Director Lee noted that October 15, 2007 at 6:30 p.m. is the town hall meeting on this proposed plan. One week after that will be the official public hearing on this program. Since this is a program, Council is not required to do a public hearing but, based on the importance of this program, Staff and the Task Foxce recommend the public hearing. Jim Battin of 2332 Laport said that he was on the Task Force and there was an understanding that the Council would consider the recommendations of the Task Force. He then said that he would like the official view of the Council on the referendum. • Mounds View City Council September 24, 2007 Regular Meeting Page 9 ~ Mayor Marly said that he felt he was doing the right thing at the time, because it was being portrayed that the Council was shoving this down the citizens throats whether they wanted it or not. He then said that is not the case. Mayor Marty indicated that this is, in his honest belief, the most economical solution for all residents. Mayor Marty said that doing this program and getting all of the streets, water and sewer done in 10 years would save money. Mayor Mariy said that, since that meeting, it has been the total, unanimous opinion of residents that have contacted him not to do a referendum. Mayor Marty indicated that anyone in the City could have volunteered to serve on the Task Force. Mayor Mariy indicated that he has asked Director Lee if it is possible to get back on schedule in an attempt to get a project going for 2008. That may be possible, but the schedule is very tight. Mr. Battin indicated that the idea of the tax levy came from the citizen task force, and they have been pushing it, not the City. Council Member Mueller indicated that there was an amendment to the Charter for an annual levy increase of a maximum of 2% plus CPI or 5% maximum, and the levy for the streets could be an increase of 11 % only, and she is wondering if that can be done without giving the people the right to vote on that. • Attorney Riggs said that is something that should be discussed, researched, and considered before moving forward entirely on this. There is a new provision in the Charter that will take some reviewmg. Council Member Mueller indicated that perhaps the question could be placed on the primary ballot, if required by the Charter. Council Member Flaheriy said that he is not in favor of a referendum on this matter and would like to see a project get done in 2008. Council Member Hull said that he is not in favor of a referendum and would like to move forward with a project for 2008 to get something done on the streets and improve the City. Council Member Stigney said that he would need to know the opinion of the City Attorney, but he does feel that residents should have the opportunity to comment on the program. He then said that he would have liked a referendum for this November, but the timeframe is too short. He further said that the recommendation of the Public Works Director seems to waver on whether or not to do a project in 2008. Valerie Amundsun said that Finance Director Beer told the Task Force that he had researched the • legality of the financing proposal, and asked City Attorney Riggs if he discussed that with Mr. Beer. Mounds View City Council September 24, 2007 Regular Meeting Page 10 Attorney Riggs indicated that he has had discussions with Mr. Beer on this matter, but he has not ~ researched and provided an official opinion for Council with regard to the requirements of the Charter. Valerie Amundsen said that the Charter is to protect the citizens and they respect that. However, Staff was directed to look into the legalities, and they understood that there were no legal issues with it. Richard Sonterre of 506Q Red Oak Drive said that he has been a big proponent of not repeating the points already stated, but would like to say that he is disappointed that this is now an issue, because the Task Force was led to believe that all legalities regarding the proposed financing package had been reviewed and there were no issues. Mr. Sonterre said that the Task Force would like to get at least something done in 2008 because it is time to do so. Mayor Marty said that the reason the 2008 project was picked, was due to the small size and the achievability of it. It is the smallest project in the program. Sandy Dewing said that the Finance Committee discussed more than one option, but did discuss this option as the preferred one. Ms. Dewing said that this was the Task Force recommendation and they did not recommend going to referendum, and she would like all language for a referendum removed from the document, as the document is a recommendation from the Task • Foxce. Public Works Director Lee indicated that looking at the schedule for the 2008 project is a concern because the process needed to be started in August of 2007. It is possible to do so, but the timeframe is tight, so his recommendation would be to wait. He then said that, as it is set up, construction would not be able to start until late July, and that is unfavorable timing for the project and that concerns Staff. Council Member Mueller corrected the program length from 18 to 10 years, at the bottom of Page 8, remove the last sentence, and remove the tax levy referendum from the document as that is not the Task Force recommendation. Council Member Flaherty said that it is his understanding that this document was supposed to be simple and should be revised to be so. On Page 2, the language on trailways should come out; Page 3, PCI remove the additionai verbiage on pavement rating; Page 7, pedestrian bicycle accommodations should be removed as it does not seem necessary with this document; mail box groupings he took out everything other than the U.S. Post Office has final approval; Page 8, remove extra language on the cost of McDonald's, etc.; Remove language regarding the referendum. Council Member Flaherty indicated that the point was to be brief, so as not to confuse the points. • More information is available if someone would like to have it. Mounds View City Council September 24, 2007 Regular Meeting Page 11 . Public Works Director Lee explained that they had three audiences they were trying to hit with this document, and then explained the thought process behind how the docuxnent was drafted. Council Member Stigney said that it concerns him to put language in regarding the previously assessed properties, as that has not been decided, so he would be concerned about this document being mailed out to all residents. Director Lee indicated that he put the referendum information in the document, but that is not the recommendation of the Task Force. A Task Force Representative said that they would like to have the information that they recommended, which was to gather as much public input as possible, but not go to referendum. Mayor Marty agreed that the document should be clarified to ensure that the residents know that this is not the final decision of Council, but a recommendation of the Task Force that is yet to be considered and approved by Council. Council Member Stigney commented that the document does not state that the proposed amount per year would fluctuate with market value of the home. Council Member Stigney indicated that other options were discussed, and he would Iike each option to be weighed to see what the best • funding option would be. Council Member Stigney said that this should be a Task Force recommendation, and he feels that referendum is an option that should be explored, but four want it removed. Council Member Stigney would like to have the Task Force document remain their document and list their recommendations. Council Member Stigney said that he cannot imagine having a public hearing on this program until the Council agrees what is going to be done. Council Member Stigney indicated that he would like to know the other options besides a levy or 100% assessments. Mayor Marty asked that the map pages be numbered. Mayor Marty asked for highlighting of the amounts residents are being asked to pay. Council Member Mueller would like to include the cover page and up to page 3. Director Lee indicated that Staff would like to leave the document the way it is, because making it too simple means Staff would be on the phone every day all day for the next two weeks providing further information to residents. ~ U Mounds View City Council September 24, 2007 Regular Meeting Page 12 Mr. Sonterre would like the document left as Staff has suggested, because the Council can say to • a resident who says that the information was not provided that it was, and point out what page it was on. Council Member Stigney asked for clarification and information on the community fund balance. Interim Administrator Ericson indicated that the community fund balance will be verified with the Finance Staff. Mayor Marty indicated that the document should be amended to reflect that the amount would fluctuate based on home values established by Ramsey County. Council Member Stigney indicated he would like to postpone the public hearing. Mayor Marty said he would like to leave the public hearing in place, and noted Council does not have to take action at that meeting. Mayor Mariy said that he would also like to have the document available at the library as well as the other locations listed. Director Lee reviewed the proposed changes to the document with Council as was discussed. Council Member Mueller would like to leave trail information in the document. • Council removed the walkways. Councii amended the document to reflect that the value af a home affects the amount you pay. The document was changed from 18 years to IO years for the program length. Council Member Stigney indicated that he would like the information on the previously assessed properties clarified, because Council has not decided how ta handle it. The date was removed and the words "canceled after proj ect initialization" were added. Attorney Riggs indicated that an assessment cannot just be cancelled. The process needs to involve a reassessment. Attorney Riggs recommended removal of the sentence regarding the previously assessed property information. Attorney Riggs indicated that the language is not legal as suggested and should be removed. Attorney Riggs said that the language should be clarified quite a bit, and suggested adding "upon further review being conducted by the City." Mr. Sonterre indicated that the Task Force was informed that it would be possible to refund previous assessments but, of course, they would be in support of any change that needs to be ~ made due to the legalities of the process. Mounds View City Council September 24, 2007 Regular Meeting Page 13 • The Task Force asked if this should be postponed because the 2008 project may not be possible, and they do not want a project that is inferior or more expensive because of a rush to get it done. Council, Staff and the Task Force discussed mailing times and whether to postpone mailing of the summary. Director Lee indicated that Staff was proposing to mail this out prior to October 15, 2007 to give residents time to review it before the meeting. MOTION/SECOND: Marty/Hull. To Waive the Reading and Approve Resolution 7163, a Resolution Approving the Printing and Distribution of the Summary Report Document and Setting a Public Hearing Date for Street and Utility Improvement Program. Ayes - 5 Nays - 0 Motion carried. C. Resolution 7157, A Resolution Approving Severance Package for Kurt Ulrich, Mounds View City Administrator . MOTION/SECOND: Stigney/Hull. To Extend the Meeting to 11:00 p.m. Ayes - 5 Nays - 0 Motion carried. Assistant Administrator Crane explained that Resolution 7157 would authorize a severance payment for Mr. Ulrich in accordance with the personnel manual and policies. MOTION/SECOND: Flaherty/Hull. To Waive the Reading and Approve Resolution 7157, a Resolution Approving Severance Package for Kurt Ulrich, Mounds View City Administrator. Ayes - 4 Nays - 0 Motion carried. Council Member Mueller was not present for the vote. D. Resolution 7159, A Resolution Approving a Final Plat for the Abiding Savior Major Subdivision u Interim Administrator Ericson explained that Abiding Savior has submitted a request for approval of the Final Plat for the major subdivision. The Final Plat has been submitted and is consistent with the preliminary plat. Interim Administrator Ericson indicated that the City Attorney has reviewed all of the information relating to the plat, and there is a park dedication fee required as part of this major subdivision approval. Mayor Marty asked for confirmation that there are no changes from the preliminary plat stage. Interim Administrator Ericson indicated that was correct. Mounds View City Council September 24, 2007 Regular Meeting Page 14 MOTION/SECOND: Marty/Mueller. To Waive the Reading and Approve Resolution 7159, A Resolution Approving a Final Plat for the Abiding Savior Major Subdivision MOTION/SECOND: Stigney/Marty. To Amend Resolution 7159 to require a Park Dedication of $8,655. Council Member Stigney indicated that this is a major subdivision, and he feels that this is a fair park dedication fee which is the 10% option. Council Member Flaherty said that at the August 27, 2007 meeting, there was an agreement and he does not think it fair to change in mid-stream. Council Member Stigney commented that was the preliminary plat, and this is the final plat. Mayor Marty indicated that this is what the Church was told to expect. However, he said that he can see Council Member Stigney's point that it should have been Option 3 and applied to the subdivided portion of the Eastwood lot. Ayes -1 Nays - 4 Amendment Failed. Ayes - 4 Nays - 1(Stigney) Original Motion carried. E. Resolution 7163, A Resolution Approving the Printing and Distribution of the Summary Report Document and Setting a Public Hearing Date for the Street and Utility Improvement Program Handled earlier in the meeting. F. Resolution 7161, A Resolution Authorizing a Therapeutic Massage License for Xiuju Li, doing business as Jian Kang Massage, LLC, located at 2552 County Road 10, Mounds View Assistant to the Administrator Crane explained that Ms. Li has applied for a Therapeutic Massage License and will be the only therapist on site. All applicable license fees have been paid in full, however, insurance requirements have not been met, so approval would be contingent upon providing the required insurance information. Staff recommends approval, and the license would be effective October 19, 2007, contingent upon receipt of certificate of liability insurance. Council Member Stigney asked if there are any state licensing requirements for therapeutic massage businesses. • ~ • Mounds View City Council September 24, 2007 Regular Meeting Page 15 . . • Interim Administrator Ericson indicated that Staff has discussed this matter with the City Attorney's office, and there appears to not be any state l~censing requirement. Council Member Stigney indicatea that he has not seen the affidavit of providing therapeutic massage, and it seems ridiculous to rely on a statement of the applicant. Interim Administrator Ericson said that Staff is working on some revisions to the Code to firm up the requirements, and those recommendations will come before Council at an upcoming work session. Council Member Stigney indicated that he would like to ask for validation of this affidavit. Attorney Riggs indicated that this is not a business regulated by the State, so it would be fine to incorporate changes to the Code to allow Staff to verify. Council Member Mueller asked whether the background check included her recent location in California. Staff explained that a thorough background check is conducted. Mayor Marty noted that therapeutic massage licensing is on the next work session Agenda. Interim Administrator Ericson suggested adding verification of Affidavit as a requirement of approval. MOTION/SECOND: Stigney/Mueller. To Waive the Reading and Approve Resolution 7161, a Resolution Authorizing a Therapeutic Massage License for Xiuju Li, dlb/a Jian Kang Massage, LLC, located at 2552 County Road 10 in Mounds View. Ayes - 5 Nays - 0 Motion carried. 8. CONSENT AGENDA A. Licenses for Approval B. Set a Public Hearing for Monday, October 8, 2007 at 7:05 p.m. to Consider Assessments for Delinquent Utility Bills C. Set a Public Hearing for Monday, October 8, 2007 at 7:10 p.m. to Consider Assessments for Diseased Trees D. Set a Public Hearing for Monday, October 8, 2007 at 7:15 p.m. to Consider Assessments for Abated Properties E. Set a Public Hearing for Monday, October 8, 2007 at 7:20 p.m. to Consider Assessments for Hidden Hollow South F. Resolution 7162, a Resolution Authorizing a Residential Kennel License Located at 2757 Sherwood Road for Jason and Rebekah Brandvold Mounds View City Council September 24, 2007 Regular Meeting Page 16 G. Resolution 7160, a Resolution Approving Agreement with Medtronic • Relating to Pond Maintenance H. Resolution 7164, A Resolution Approving a Lease Agreement Amendment with Verizon Wireless for the Installation of a Generator at the Water Tower Site Council Member Stigney requested that Item H be removed for discussion. Mayor Marty removed Item F for discussion. MOTION/SECOND: Hull/Mueller. To Approve Consent Agenda Items A, B, C, D, E, and G, as Presented. Ayes - 5 Nays - 0 Motion carried. F. Resolution 7162, a Resolution Authorizing a Residential Kennel License Located at 2757 Sherwood Road for Jason and Rebekah Brandvold Mayor Marty noted that this is set to expire on June 30, 2008, and asked if this is renewed annually. Assistant Administrator Crane indicated that this is reviewed annually. MOTION/SECOND: Marty/Mueller. To Waive the Reading and Approve Resolution ~162, a ~ Resolution Authorizing a Residential Kennel License Located at 2757 Sherwood Road for Jason and Rebekah Brandvold. Ayes - 5 Nays - 0 Motion carried. G. Resolution 7164, A Resolution Approving a Lease Agreement Amendment with Verizon Wireless for the Installation of a Generator at the Water Tower Site Council Member Stigney indicated that this should be clarified that the 4% is an annual escalator. He then asked that the language be amended on Page 2, Item 2 to include the 4% annual escalator. Director Lee indicated that this is an amendment to the original document, and that the 4% escalator is in the original document. However, Staff can add the language in. Council Member Stigney indicated that he would like the Resolution to state that the 4% is annual. C J Mounds View City Council September 24, 2007 Regular Meeting Page 17 • MOTION/SECOND: Stigney/Mueller. To Waive the Reading and Approve Resolution 7164, a Resolution Approving a Lease Agreement Amendment with Verizon Wireless for the Installation of a Generator at the Water Tower Site as Amended to Include the 4% Escalator Annually. Ayes - 5 Nays - 0 Motion carried. 9. JUST AND CORRECT CLAIMS Council Member Hull asked for information on the uniform services amount. Mayor Marty indicated that is for public works. Council Member Mueller asked about Page 11, Great Lakes Weather Service and what that service is for. Director Lee explained that this is a three year contract for a service that monitors the weather, and contacts the supervisor and informs the Supervisor of severity of the weather for plowing and snow and ice control. MOTION/SECOND: Mueller/Hull. To Approve Just and Correct Claims as Presented. • Ayes - 5 Nays - 0 Motion carried. 10. APPROVAL OF MINUTES A. None. 11. REPORTS A. Reports of Mayor and Council Mayor Marty provided information given to him by the Irondale Band Boosters regarding their competition on Saturday, September 29, 2007 starting at 4:45 p.m. Irondale is hosting 15 bands from Minnesota, Wisconsin and South Dakota. Irondale is hosting, so they will not be competing. Council Member Flaherty reiterated that the raffle and the benefit for the Patrick Holmes famiiy is October 4, 2007 from 4:00 to 8:00 p.m. Adult tickets are $10.00 and kids are $5.00. Council Member Stigney asked for an update on 8310 Eastwood, indicating that the college kids mowed half of the front lawn and left the rest. The City tried to get them to do something and sent a contractor out to mow it. The contractor mowed it, but there are dandelions blowing all • over, and he would like to withhold payment to the contractor until the job is done correctly. Mounds View City Council September 24, 2007 Regular Meeting Page 18 Mayor Marty indicated he received calls regarding the college student "good neighbors", and he • has forwarded the information to Staff to follow up on. Council Member Mueller indicated that there was a rodent that chewed through her phone line, but that has been restored, and their phone is back in business for those that wish to call, and apologized for the inconvenience when she could not be reached. Council Member Flaherty indicated that he would like to talk about foreclosure homes and contracting to cut the lawns, and what those fees are at the worksession. Interim Administrator Ericson indicated that Staff has gone through the list from the County on non-homestead residential l~omes, and has scaled it down to the properly owners that may be rental properties, to inform them regarding rental property requirements. B. Reports of Staff 1. Review October 1, 2007 Worksession Agenda Staff reviewed the worksession Agenda with Council. Mayor Marty would like to add City Administrator Position to the worksession Agenda for discussion. 2. Minnesota Smoke Free Law - Freedom to Breathe Act • Mayor Marty reminded everyone of the Minnesota Smoke Free Law which takes effect October l, 2007. C. Reports of City Attorney None. 12. Next Council Work Session: Tuesday, October 1, 2007, at 7:00 p.m. Next Council Meeting: Monday, October 8, 2007 at 7:00 p.m. 13. ADJOURNMENT The meeting was adjourned at 11:07 p.m. Transcribed by: Joan Lenzmeier, Recording Clerk TimeSaver Off Site Secretarial, Inc. •