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Home My WebLink AboutAgenda Packets - 2014/07/14CITY OF MOUNDS VIEW CITY COUNCIL MEETING AGENDA MOUNDS VIEW CITY HALL Monday, July 14, 2014 7:00 p.m. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Flaherty, Gunn, Hull, Meehlhause, Mueller 4. APPROVAL OF AGENDA 5. PUBLIC INPUT: Citizens may speak to issues not on tonight’s agenda. Before speaking, please give your full name and address for the minutes. Also, please limit your comments to three minutes. 6. SPECIAL ORDER OF BUSINESS A. Presentation of Annual Report by Fire Chief Nyle Zikmund, Spring Lake Park – Blaine – Mounds View Fire Department. 7. COUNCIL BUSINESS A. 7:00 pm Public Hearing to Receive Public Input and Pass Upon Resolution 8277 Adopting a Special Assessment Levy for Unpaid Administrative Offense Charges and Nuisance Abatement Charges B. 7:00 pm Public Hearing, Resolution 8274, Consideration of the “Anna Place” Preliminary Plat and Comprehensive Plan Amendment for a 5-Lot Major Subdivision at 8211 Red Oak Drive C. First Reading of Ordinance 888, Amending Title 1100 by adding Chapter 1128, County Road 10 Overlay District D. First Reading of Ordinance 889, Revising Chapter 512 of the Mounds View City Code Pertaining to Cigarette and Tobacco Products E. Resolution 8276, Approving a Donation Collection Bin License for USAgain, LLC, to Place a Donation Collection Bin at Cross of Glory Church located at 5472 Adams Street F. Resolution 8278, Approving the Purchase of a 2015 Service Truck for the Water Division of Public Works G. Resolution 8280, Approving a Construction Contract with Dave Perkins Contracting, Inc. for the 2014 Belle Lane – Pinewood Storm Sewer Repair Project H. Resolution 8281, Authorizing Stantec Consulting Services Inc. to Perform Professional Engineering Design Services and Prepare Bidding Documents for Area H of the Street and Utility Improvement Program City Council Meeting Agenda Monday, July 14, 2014 Page 2 8. CONSENT AGENDA A. Set a Public Hearing for Monday, July 28, 2014 at 7pm for the Second Reading of Ordinance 888 Amending Title 1100 by Adding Chapter 1128, County Road 10 Overlay District B. Set a Public Hearing for Monday, July 28, 2014 at 7pm to Consider a Development Review for a new commercial building on County Road 10, west of Woodale Drive. C. Resolution 8279 for Renewal of Training Contract with Century College 9. JUST AND CORRECT CLAIMS 10. APPROVAL OF MINUTES A. May 12, 2014, City Council Minutes B. May 27, 2014, City Council Minutes C. June 9, 2014, City Council Minutes D. June 23, 2014, City Council Minutes 11. REPORTS A. Reports of Mayor and Council B. Reports of Staff C. Reports of City Attorney 12. Next Council Work Session: Monday, August 4, 2014, at 7pm Next Council Meeting: Monday, July 28, 2014, at 7pm 13. ADJOURNMENT CITY OF MOUNDS VIEW CITY COUNCIL MEETING AGENDA MOUNDS VIEW CITY HALL Monday, July 14, 2014 7:00 p.m. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Flaherty, Gunn, Hull, Meehlhause, Mueller 4. APPROVAL OF AGENDA 5. PUBLIC INPUT: Citizens may speak to issues not on tonight’s agenda. Before speaking, please give your full name and address for the minutes. Also, please limit your comments to three minutes. 6. SPECIAL ORDER OF BUSINESS A. Presentation of Annual Report by Fire Chief Nyle Zikmund, Spring Lake Park – Blaine – Mounds View Fire Department. 7. COUNCIL BUSINESS A. 7:00 pm Public Hearing to Receive Public Input and Pass Upon Resolution 8277 Adopting a Special Assessment Levy for Unpaid Administrative Offense Charges and Nuisance Abatement Charges B. 7:00 pm Public Hearing, Resolution 8274, Consideration of the “Anna Place” Preliminary Plat and Comprehensive Plan Amendment for a 5-Lot Major Subdivision at 8211 Red Oak Drive C. First Reading of Ordinance 888, Amending Title 1100 by adding Chapter 1128, County Road 10 Overlay District D. First Reading of Ordinance 889, Revising Chapter 512 of the Mounds View City Code Pertaining to Cigarette and Tobacco Products E. Resolution 8276, Approving a Donation Collection Bin License for USAgain, LLC, to Place a Donation Collection Bin at Cross of Glory Church located at 5472 Adams Street F. Resolution 8278, Approving the Purchase of a 2015 Service Truck for the Water Division of Public Works G. Resolution 8280, Approving a Construction Contract with Dave Perkins Contracting, Inc. for the 2014 Belle Lane – Pinewood Storm Sewer Repair Project H. Resolution 8281, Authorizing Stantec Consulting Services Inc. to Perform Professional Engineering Design Services and Prepare Bidding Documents for Area H of the Street and Utility Improvement Program City Council Meeting Agenda Monday, July 14, 2014 Page 2 8. CONSENT AGENDA A. Set a Public Hearing for Monday, July 28, 2014 at 7pm for the Second Reading of Ordinance 888 Amending Title 1100 by Adding Chapter 1128, County Road 10 Overlay District B. Set a Public Hearing for Monday, July 28, 2014 at 7pm to Consider a Development Review for a new commercial building on County Road 10, west of Woodale Drive. C. Resolution 8279 for Renewal of Training Contract with Century College 9. JUST AND CORRECT CLAIMS 10. APPROVAL OF MINUTES A. May 12, 2014, City Council Minutes B. May 27, 2014, City Council Minutes C. June 9, 2014, City Council Minutes D. June 23, 2014, City Council Minutes 11. REPORTS A. Reports of Mayor and Council B. Reports of Staff C. Reports of City Attorney 12. Next Council Work Session: Monday, August 4, 2014, at 7pm Next Council Meeting: Monday, July 28, 2014, at 7pm 13. ADJOURNMENT City of Mounds View Unpaid City Charges July Certify 14 for Pay 15 Resolution 8277 59201501 One year assessments Interest rate 5.5% PID#Name Address Charge Admin Fee Total Amount 073023320020 Micky Grant 3024 County Road H2 $300.00 $35.00 $335.00 063023120124 Allen Hambleton 8478 Long Lake Road $150.00 $35.00 $185.00 053023430013 Matthew Stafki 2274 Hillview Road $100.00 $35.00 $135.00 083023310057 Jonathan Hovland 5229 O'Connell Drive $125.00 $35.00 $160.00 083023120026 Flint Homes, LLC 5420 Adams Street $125.00 $35.00 $160.00 $975.00 Item No: 7.A Meeting Date: July 14, 2014 Type of Business: Council Business Administrator Review: _____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Mark Beer, Finance Director Item Title/Subject: Public Hearing to Receive Public Input and Pass Upon Resolution 8277 Adopting a Special Assessment Levy for Unpaid Administrative Offense Charges and Nuisance Abatement Charges. A public hearing is scheduled for 7:00 P.M. or as soon thereafter to receive public input regarding the proposed assessment of unpaid administrative offense charges and nuisance abatement charges. Individual notices of the meeting were sent by first class mail to the affected property owners on June 13th. The property owner may pay the amount due by 4:30 P.M. on Monday, July 14, 2014 in order to avoid the $35.00 administrative fee. The owner may prepay the assessment between July 15, 2014 and August 14, 2014 without paying additional interest. After that, interest at the rate of 5.50% will accrue from July 14, 2014 through the payment date. This interest rate and administrative fee were set by the City Council in Resolution 7135. On or after August 15, 2014, we will forward the assessment roll to Ramsey County for collection with the 2015 property taxes. Respectfully submitted, ___________________________ Mark Beer, Finance Director RESOLUTION NO. 8277 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA Adopting a Special Assessment Levy for Unpaid Administrative Offense Charges and Nuisance Abatement Charges WHEREAS, pursuant to proper notice given as required by law, the City Council has met and heard and passed upon all objections to the proposed assessment for unpaid administrative offense charges and nuisance abatement charges. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mounds View that: 1. Such proposed assessment roll, a copy of which is attached hereto and made a part hereof, is accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein is hereby found to be benefited by unpaid administrative offense charges and nuisance abatement charges in the amount of the assessment levied against it. 2. The assessments as adopted and confirmed shall be payable with ad valorem taxes in 2015 in one annual installment with interest thereon at five and one half (5.5) percent per annum, and shall bear interest on the entire assessment from July 14, 2014 through December 31, 2015. 3. The owner of any property so assessed may at any time prior to the certification of the assessment to the County Auditor pay the whole of the assessment, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and the owner may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment, with interest from the date of adoption of this resolution through the date of payment, such payment must be made before August 29th, or interest will be charged through December of the succeeding year. 4. The City Administrator shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the county, and such assessments shall be collected and paid over in the same manner as other municipal taxes. Adopted this 14th Day of July 2014. ______________________________ Joe Flaherty, Mayor (ATTEST) ______________________________ Jim Ericson, City Administrator (SEAL) Item No: 7B Meeting Date: July 14, 2014 Type of Business: Public Hearing Administrator Review: ________ City of Mounds View Staff Report To Honorable Mayor and City Council From: Heidi Heller, Planning Associate Item Title/Subject: Public Hearing - Consideration of a Preliminary Plat for “Anna Place,” the Subdivision of the East Two Acres of the Abiding Savior Church Property at 8211 Red Oak Drive and a Comprehensive Plan Amendment; Planning Cases MA2014-002 & CP2014-001 Introduction: Terry Buchanan, representing Kayak Remodeling & Redevelopment, has submitted an application for a major subdivision of the east two acres of 8211 Red Oak Drive and a Comprehensive Plan Map Amendment. The proposed subdivision would create 5 additional lots from the existing one lot and change the land use designation of the two acres from church (CH) to single family detached (SFD). Discussion: Abiding Savior Church owns the property at 8211 Red Oak Drive, which is a 7-acre parcel with a church building and large parking lot. This property is zoned R-1, Single Family Residential, but the Comprehensive Plan Existing and Future Land Use Maps designate the property as “church.” The proposed subdivision would create five new single family buildable lots which would be consistent with the existing zoning of the property, but not consistent with the Comprehensive Plan. All of the lots shown on the preliminary plat meet the minimum lot size requirements: 11,000 square feet and 75 feet wide for interior lots, and 12,500 square feet and 100 feet wide for corner lots. Major Subdivision: Local Water Management Plan: Also known as the City’s Surface Water Management Plan, this planning document guides the City in regards to drainage and stormwater management. The project area is located in the AA-5 sub-watershed. The minimum recommended building elevation for the AA-5 sub-watershed is set at 904 feet. The building elevations are confirmed by City Staff with each permit for new construction. Easements: The City’s Subdivision Code requires that plats dedicate perimeter drainage and utility easements for each lot in the subdivision; ten feet wide in the front and rear, and five feet wide on the sides. This plat does dedicate the necessary perimeter easements. A drainage easement will be added around the stormwater infiltration area in the rear of lots 2,3 and 4. Streets: Two of the new lots will access Ardan Avenue, two lots will access Eastwood Road, and the corner lot could access either street. Both Ardan and Eastwood will be reconstructed in 2014 and are adequate to handle the amount of added traffic that five additional homes would create. 8211 Red Oak Major Subdivision July 14, 2014 Page 2 Park Dedication Requirements: The Subdivision Code indicates that any subdivision of land is subject to a park dedication fee. The dedication imposed is intended to mitigate public costs to the parks system associated with land development. The fee shall be reasonable and based on the extent of the development. For major subdivisions, the park dedication fee is typically equal to 10% of the market value of the land. To establish the market value, staff uses Ramsey County assessed values as the basis for dedication computation. 2013 is the most recent year that Ramsey County has available for market values. In this case, Ramsey County has the church’s land valued at commercial property prices ($1,803,400), and since the church doesn’t pay property taxes, what the county has their property valued at has not been a concern. The 2013 Ramsey County determined land market value for 8211 Red Oak Drive is $5.82 per square foot. The average 2013 land value for the 20 single family properties surrounding the church is $2.11 per square foot. Staff recommends that the land value of $2.11 per square foot is used to determine the park dedication fee instead of the county’s much higher value. This amount is more accurate for low density residential land use and is comparable to the surrounding neighborhood values. The project area is 91,412 square feet x $2.11/sq. foot = $192,879 land value. The dedication amount would be 10% of the determined land value which equals $19,288, or $3,857 per lot. In 2007, Abiding Savior purchased the adjacent home at 8184 Eastwood Road, and completed a major subdivision to add the rear 34,940 square feet of the 8184 parcel to the church’s lot in anticipation of a senior housing development on the east side of their property. The City required Abiding Savior to pay a $3,984 park dedication fee for the square footage that was added to their parcel. The church did not develop this area of land, but it is now part of the Anna Place subdivision. The City Council could consider giving credit for the $3,984 park dedication fee that has already paid. Utilities: All utilities on the site must be installed underground, per Section 1203.10. Water and sanitary sewer connections will be installed to the five new lots during the 2014 street reconstruction project. Traffic: The amount of daily vehicle trips on the proposed road will increase since five additional housing units are proposed, although there is already a lot of traffic from the site since it is a church. On average, single-family homes generate about 10 vehicle trips per day, thus one could expect an additional 50 movements along Ardan Avenue and Eastwood Road as a result of this subdivision. Vegetation: The 7 acre site is primarily building and asphalt parking lot with only a small amount of green space. The amount of green space will increase with the homes versus the parking lot. Staff recommends that after each house has been constructed, at least one tree shall be planted in the front yard. The new tree species must be approved by the City. Wetlands: The National Wetlands Inventory Map and the City’s official Wetland Zoning Map identify no wetlands within the property boundary. The applicant has submitted their application to Rice Creek Watershed District. 8211 Red Oak Major Subdivision July 14, 2014 Page 3 Comprehensive Plan Amendment: The Comprehensive Plan Future Land Use Map designates the Abiding Savior parcel as “church” and most of the surrounding area as single family detached housing. The proposed subdivision and new housing would not be consistent with the map designations, but is consistent with the residential goals and policies as articulated in the Land Use section of the Comprehensive Plan. A community’s Comprehensive Plan is its principal guiding document which is adopted to provide goals and policies dealing with land usage, housing, infrastructure, public facilities, transportation, economic development and intergovernmental coordination. The existing land use map (ELU Map) and future land use map (FLU Map) are two of the many maps, tables and exhibits in the Comp Plan which together help determine and control how a community grows and develops. The Comp Plan is a fluid document, in other words it is not intended to be rigid and static. As the community grows and develops, so too should the Comp Plan. As such, there is an amendment process to make such periodic updates as may be necessary to keep the Comp Plan fresh and relevant based on changing desires and expectations. Mr. Buchanan has applied for such a Comp Plan amendment which requests a redesignation of the two-acre parcel proposed for residential housing from Church (CH) to Single Family Detached (SFD.) The redesignation would seem appropriate as it would be consistent with the surrounding neighborhood that is also designated Single Family Detached (SFD). The Planning Commission and City Council need to review potential adverse effects of proposed or requested amendments. In this case, the property would change from a parking lot to five single family homes which is certainly different, but not necessarily a negative impact. Staff will prepare the Comprehensive Plan Amendment application package that will be submitted to the Metropolitan Council upon approval by the City. Staff believes the proposed Comp Plan amendment is reasonable and supports a recommendation of approval. Recommendation: Hold the Public Hearing and review the plans and discuss the proposed preliminary plat and Comprehensive Plan Map Amendments. Staff review revealed no deficiencies at this time and thus Resolution 8274 recommending approval of the preliminary plat and Comprehensive Plan Map Amendments has been drafted for action. Respectfully Submitted By, Heidi Heller Planning Associate Attachments: 1. Zoning Map 2. Aerial View 3. Preliminary Plat 4. Comp Plan Existing Land Use Map 5. Comp Plan Future Land Use Map 6. Resolution 8274 Zoning Map * Properties not indicated with a designation are zoned R-1, Single Family Residential N Red Oak Dr Eastwood Rd Ardan Ave Abiding Savior bldg Redevelopment area Aerial View Preliminary Plat Comprehensive Plan Existing Land Use Map Comprehensive Plan Future Land Use Map RESOLUTION NO. 8274 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING THE PRELIMINARY PLAT FOR ANNA PLACE, SUBDIVIDING 8211 RED OAK DRIVE INTO 5 LOTS AN D A COMPREHENSIVE PLAN AMENDMENT FROM CHURCH (CH) TO SINGLE FAMILY DETACHED (SFD); MOUNDS VIEW PLANNING CASE NO’s. MA2014-002 and CP2014-001 WHEREAS , Terry Buchanan, representing Kayak Remodeling & Redevelopment, has requested approval of a preliminary plat for the major subdivision of 8211 Red Oak Drive and a Comprehensive Plan amendment; and, WHEREAS, the above-described land is zoned R-1, Single-Family Residential, and legally- described as: Lot 1, Block 1, Abiding Savior Addition PIN 06-30-23-13-0077 WHEREAS, Terry Buchanan, representing Kayak Remodeling & Redevelopment has submitted a Preliminary Plat for the major subdivision which creates 5 buildable lots; and, WHEREAS, the proposed subdivision is not within a designated wetland area; and, WHEREAS, the community development and public works staff have reviewed the preliminary plat and finds that it satisfies the minimum subdivision requirements as articulated in Titles 1100 and 1200 of the Mounds View Municipal Code and complies with county platting requirements; and, WHEREAS, the applicant has requested approval of a Comprehensive Plan amendment to redesignate the 2-acre parcel from Church (CH) to Single-Family Detached (SFD) in the Comprehensive Plan; and, WHEREAS, in accordance with Section 1204.04, Subd. 4, the subdivision is subject to a park dedication fee to be determined by the City Council; and, WHEREAS, the Mounds View Planning Commission and City Council have reviewed the following documents regarding this proposal: 1. Staff Report 2. Preliminary Plat 3. Zoning Map 4. Aerial View 5. Comprehensive Plan Existing and Future Land Use Maps Resolution 8274 Page 2 WHEREAS, the Planning Commission has held a duly noticed public hearing for the subdivision and Comprehensive Plan amendment on July 2, 2014; and, WHEREAS, the City Council has held a duly noticed public hearing for the subdivision and Comprehensive Plan amendment on July 14, 2014; and, NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission recommends approval of the Preliminary Plat for Anna Place and Comprehensive Plan amendments submitted by Terry Buchanan, Kayak Remodeling & Redevelopment, subject to the following conditions: 1. The Comprehensive Plan amendment will only be effective upon completion of the subdivision. 2. The applicant shall pay a $___________ park dedication fee, as determined by the City Council. 3. The applicant shall obtain permits, if required, from Rice Creek Watershed District, the Minnesota Pollution Control Agency, and the City of Mounds View before construction activity commences. 4. All utilities within the development area and to the individual home sites shall be located underground. 5. The applicant shall enter into various agreements with the City including (but not limited to) a Developers Agreement. 6. The applicant shall apply for Final Plat approval no later than 6 months after the date of approval of the preliminary plat, or the Preliminary Plat approval will become null and void. Adopted this 14th day of July, 2014. __________________________________________ Joe Flaherty, Mayor ATTEST: _____________________________________ James Ericson, City Administrator (SEAL) Item No: 7C Meeting Date: July 14, 2014 Type of Business: Council Business Administrator Review: _______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Heidi Heller, Planning Associate Item Title/Subject: Introduction & First Reading of Ordinance 888, Adding Chapter 1128, County Road 10 Corridor Overlay District, to the Mounds View Zoning Code The corridor continues to be the City Council’s priority and the Planning Commission has been reviewing the Zoning Code in order to better promote and accommodate development along County Road 10. The Commission has created a Corridor Overlay District in order to give more flexibility to new development projects on the corridor. The City is willing to be flexible on requirements such as setbacks, parking, density and height, but the City also wants projects that are high quality. Staff has made four changes since the discussion at the Council Worksession meeting. A new chapter 1128 in the City Code was created for this overlay district instead of inserting the new language into an existing chapter, so the numbering is now completely different. The section about the City having the option to not require a development area to comply with the overlay district was removed because in 1128.05 the zoning districts that would be applicable are listed. I added zoning districts R-3 and R-4 to the listed zoning districts. There is also a new addition of 1128.04, OTHER REQUIREMENTS, which specifies that any deviation from the overlay district chapter must comply with Chapter 1125.02 of the City Code, which is about variances. Recommendation Review Ordinance 888 with the proposed City Code amendment to create a County Road 10 Corridor Overlay District. Sincerely, Heidi Heller, Planning Associate Attachment: 1. Ordinance 888 ORDINANCE NO. 888 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING THE AMENDMENT TO CITY CODE TITLE 1100, ADDING CHAPTER 1128, COUNTY ROAD 10 CORRIDOR OVERLAY DISTRICT; SPECIAL PLANNING CASE 187-13 The City of Mounds View ordains: SECTION 1. The City Council of the City of Mounds View hereby amends Chapter 1000, Section 1008.10 of the Mounds View City Code pertaining to “Dynamic Display Signs” by deleting the stricken language and adding the underlined text as follows: CHAPTER 1128 COUNTY ROAD 10 CORRIDOR OVERLAY DISTRICT SECTION: 1128.01 Purpose 1128.02 Permitted Uses 1128.03 District Area Defined 1128.04 Other Requirements 1128.05 Standards 1128.06 Existing Uses and Structures 1128.01 PURPOSE: The purpose of this District is to provide standards of development for land lying on either side of the major transportation corridor along County Road 10. The County Road 10 Corridor District is the primary gateway through the City. The aesthetic impacts from new developments and redevelopments must be evaluated to help ensure the long-term viability and success of the District. Accomplishing the purpose of the County Road 10 Corridor District requires particular concern for the site layout, building materials, site features and other related design elements. To that end, new development and redevelopment shall conform to the standards in this and related zoning requirements. In reviewing and approving land use applications, the City Council will make the final determination in the compatibility and consistency with all provisions in this and related sections of the Zoning Ordinance. Ordinance 888 Page 2 1128.02.1 PERMITTED USES: The overlay district provisions apply to any base zoning district set forth in this Title that exists within the defined overlay area. 1128.03 DISTRICT AREA DEFINED: The following area is hereby established as being within the County Road 10 Corridor Overlay District: All parcels having frontage on County Road 10. All parcels that are within 200 feet of the County Road 10 right-of-way. 1128.04 OTHER REQUIREMENTS: Any deviation from the requirements in this chapter shall comply with the procedures and criteria provided in Chapter 1125.02 of the City Code. 1128.05 STANDARDS: For development of properties within the County Road 10 overlay district, the following standards will be applied where these standards supersede requirements set forth in the B-1 (Neighborhood Business), B-2 (Limited Business), B-3 (Highway Business), B-4 (Regional Business), PUD (Planned Unit Development), R-3 (Medium Density Residential) and R-4 (High Density Residential) zoning districts. All other standards and requirements of the above-mentioned zoning districts shall continue to apply. Subd. 1. Construction Materials: a. At least fifty (50) percent of all exterior wall finishes on any building will be comprised of a combination of at least two of the following materials: (1) Brick (2) Natural stone or cultured stone (3) Glass (4) Masonry stucco (5) Other comparable or superior material as approved by the City b. The remaining fifty (50) percent of all exterior wall finishes must be comprised of any combination of decorative or rock face concrete block, concrete panels, metal or wood. All building materials subject to approval of the City. c. Buildings may be constructed of primarily one of the materials listed in Subd. 1a, if the design exceeds the intent of the ordinance and is approved by the City. Ordinance 888 Page 3 d. Non-decorative exposed concrete block buildings are prohibited, as are pre- engineered metal buildings, corrugated metal-sided buildings, and wood sided buildings unless such metal buildings and wood sided buildings are enhanced on all elevations by the application of brick, decorative masonry, or decorative stucco surfaces in combination with decorative fascia overhangs and trim. Subd. 2 Architectural Design: Each building design will be reviewed for at least the following considerations: a. Appropriate location of structures on the site considering the relationship to other site amenities, restrictions, adjacent land usage, etc. b. General layout, roof treatments, proportion and quality of exterior. c. In the design of buildings or clusters of buildings, developers must orient projects so that the side(s) facing County Road 10 form the front of the project. Where front toward County Road 10 is not feasible due to the location of access roads and other site constraints, the project must be oriented and designed in such a manner so as to convey a pleasing appearance from County Road 10. d. Screening of mechanical equipment, tanks, loading docks, refuse handling, ancillary equipment, etc., whether on the roof or on the site. e. Drainage pipes on exterior building walls facing a street and/or County Road 10 must be integral to the design and non-apparent. f. Exceptions to the architectural design standards set forth in this section may be granted by the City Administrator or designee, for structures of comparable design and building materials. Subd. 3. Building and Parking Setback Requirements: Buildings and parking lots should have no more than a five (5) foot setback from County Road 10. The required setbacks for the other sides of the property will be determined by the City, based on the specific project and land usage. Subd. 4. Off-Street Parking: The City will use the off-street parking requirements in Chapter 1121.13 as a guideline, and base the final determination of required spaces on the specific project and land usage. Subd. 5. Landscaping: a. Landscaping requirements shall be in accordance with Chapter 1127, Tree Preservation and Landscaping. Ordinance 888 Page 4 b. A minimum of fifteen (15) percent of the total area of each lot shall be devoted to landscaped open space. c. All open areas of any lot not used for parking, driveways, or storage shall be landscaped with trees, shrubs, berms and planted ground cover. Subd. 6. Signs: In accordance with Chapter 1010. Subd. 7. Outdoor Storage and Dumpster Screening: a. No outdoor storage shall be permitted unless such storage is visually screened from view from County Road 10 and all adjoining residential properties, with suitable solid fence constructed of masonry or wood at least six (6) feet in height. Screening shall be well maintained. b. No dumpsters may be located on the sides of buildings fronting County Road 10, except if in the opinion of the City no other suitable location is reasonably available for such purpose, and provided the dumpster area is developed in a manner so as to minimize it’s appearance from County Road 10. c. All dumpsters shall be entirely screened by a masonry or solid wooden fence, with gate, or a comparable screening, at least six (6) feet in height. 1128.06 EXISTING USES AND STRUCTURES: Uses and structures in this District that were conforming prior to the effective date of this Ordinance will remain conforming upon adoption of this Ordinance. Subd. 1. All subsequent additions, exterior alteration and accessory buildings constructed after the erection of an original building after the date of adoption of this ordinance, shall: a. Be constructed of materials comparable to those used in the original construction, and, b. Be designed in a manner conforming to the original structure’s architectural design and appearance, and, c. Meet all other standards set forth in this ordinance. Ordinance 888 Page 5 SECTION 2. In accordance with Section 3.07 of the City Charter, City staff shall have the following summary printed in the official City newspaper in lieu of the complete ordinance: On July 28, 2014, the City Council adopted Ordinance 888 that adds Chapter 1128 to the Mounds View Municipal Code. This amendment creates a County Road 10 Corridor Overlay District. A printed copy of the ordinance is available for inspection during regular business hours at Mounds View City Hall and is available on line at the City’s web site located at www.ci.mounds-view.mn.us. SECTION 3. This ordinance takes effect 30 days after its publication in the official City newspaper. INTRODUCTION AND FIRST READING by the Mounds View City Council this 14th day of July, 2014. PUBLIC HEARING, SECOND READING AND ADOPTION by the Mounds View City Council this 28th day of July, 2014. PUBLICATION DATE: August 8, 2014 _____________________________________ Joe Flaherty, Mayor ATTEST: _____________________________________ James Ericson, City Administrator (seal) Item No: 07D Meeting Date: July 14, 2014 Type of Business: CB Administrator Review: ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, City Administrator Desaree Crane, Assistant City Administrator Item Title/Subject: First Reading of Ordinance 889, an Ordinance Amending Chapter 512 of the Mounds View City Code Pertaining to Cigarette and Tobacco Licensing Background: On April 14, 2014, the Mounds View City Council approved a Cigarette and Tobacco License for Sam’s Food Market contingent on the following conditions:  The licensee must post signs in visible locations that prohibit loitering inside or near the front entrance of the retail establishment.  The licensee must fully light the interior of the retail establishment during business hours such that every part, corner, aisle, room, and section of the retail establishment is illuminated wholly.  The sales counter, store entrance, and interior of the retail establishment shall be visually recorded with a videotape or similar device at a quality level that allows the visual identification of patrons and employees. The recordings shall be maintained and made available to the police for five calendar days before being reused.  The licensee must post a sign at front entrance of the retail establishment that prohibits minors from entering the retail establishment.  The licensee must fully cooperate with representatives from the City of Mounds View when present at the retail establishment for City business purposes.  The licensee must maintain clean and clear front and rear entrances of the retail establishment.  The licensee must not make sales of items commonly used by drug users and drug dealers, including, but not limited to glass pipes, “dug-outs”, one hitters, grinders, measuring scales, and small bags.  The licensee may not supply matches to non-purchasing customers. Ord 889 Staff Report July 14, 2014 Page 2  Each day of business, the licensee must inspect the parking lot and entrances of the retail establishment for litter and properly dispose of such litter.  The front windows of the retail establishment must be clear, untinted, and unobstructed, except that the signage required by this subsection must be posted in the windows.  The licensee must promptly remove any graffiti on the exterior of the retail establishment. Discussion: Staff received direction from the City Council to add the above conditions to Chapter 512 of the Mounds View City Code. In addition, at the direction of the City Attorney, language requiring that an applicant “must be of good moral character to be considered for approval for an issuance or renewal of a Cigarette and Tobacco License” was added back in Section 512.05. (A previous ordinance had removed this clause.) Recommendation: Staff and the City Attorney recommend a review of the proposed ordinance and approval of the introduction and first reading of Ordinance 889, an ordinance amending Chapter 512 of the Mounds View City Code pertaining to Cigarette and Tobacco licensing. The second reading is scheduled for July 28, 2014. Respectfully Submitted, Respectfully Submitted, ________________________ _____________________ James Ericson Desaree Crane Attachments: 1. Ordinance 889 ORDINANCE NO. 889 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING CHAPTER 512 OF THE CITY CODE BY ADDING TOBACCO LICENSE CONDITIONS WITHIN THE CITY OF MOUNDS VIEW THE CITY OF MOUNDS VIEW ORDAINS: SECTION 1. The City Council of the City of Mounds View hereby amends its City Code to add conditions to licenses for the sales of tobacco, tobacco related devices and products, and electronic delivery devices in the City of Mounds View. SECTION 2. The City Council of the City of Mounds View hereby amends Section 512.03 of Chapter 512 of the Mounds View City Code by adding the following new subdivision: Subd. 15. Each license issued under this article is subject to all of the following conditions: a. The licensee must post signs in visible locations that prohibit loitering inside or near the front entrance of the retail establishment. b. The licensee must fully light the interior of the retail establishment during business hours such that every part, corner, aisle, room, and section of the retail establishment is illuminated wholly. c. The sales counter, store entrance, and interior of the retail establishment shall be visually recorded with a videotape or similar device at a quality level that allows the visual identification of patrons and employees. The recordings shall be maintained and made available to the police for five calendar days before being reused. d. The licensee must post a sign at front entrance of the retail establishment that prohibits minors from entering the retail establishment. e. The licensee must fully cooperate with representatives from the City of Mounds View when present at the retail establishment for City business purposes. f. The licensee must maintain clean and clear front and rear entrances of the retail establishment. g. The licensee must not make sales of items commonly used by drug users and drug dealers, including, but not limited to glass pipes, “dug-outs”, one hitters, grinders, measuring scales, and small bags. h. The licensee may not supply matches to non-purchasing customers. i. Each day of business, the licensee must inspect the parking lot and entrances of the retail establishment for litter and properly dispose of such litter. Ordinance 889 Page 2 446217v1 MJM MU125-65 2 j. The front windows of the retail establishment must be clear, untinted, and unobstructed, except that the signage required by this subsection must be posted in the windows. k. The licensee must promptly remove any graffiti on the exterior of the retail establishment. SECTION 3. The City Council of the City of Mounds View hereby amends Section 512.05 of Chapter 512 of the Mounds View City Code by adding the following underlined addition: Subd. 1. Grounds for denying the issuance or renewal of a license under this chapter include but are not limited to the following: a. The applicant is under the age of 18 years. b. The applicant has been convicted within the past five years of any violation of a federal, state, or local law, ordinance provision, or other regulation relating to tobacco, tobacco products, tobacco-related devices, or electronic delivery devices. c. The applicant has had a license to sell tobacco, tobacco products, tobacco- related devices, or electronic delivery devices revoked within the preceding 12 months of the date of application. d. The applicant fails to provide any information required on the application, or provides false or misleading information. e. The applicant is prohibited by federal, state, or other local law, ordinance, or other regulation from holding a license. f. The applicant is not of good moral character. SECTION 4. In accordance with Section 3.07 of the City Charter, City staff shall have the following summary printed in the official City newspaper in lieu of the complete ordinance: On July 28, 2014, the City Council adopted Ordinance 889 by amending Chapter 512 of the Mounds View City Code to add a basis of denial and conditions on licenses for the sales of tobacco, tobacco related devices and products, and electronic delivery devices in the City of Mounds View. A printed copy of the ordinance is available for inspection during regular business hours at Mounds View City Hall and is available on line at the City’s web site located at www.ci.mounds-view.mn.us. Ordinance 889 Page 3 446217v1 MJM MU125-65 3 SECTION 5. This ordinance shall take effect and be in force 30 days from and after its passage and publication, in accordance with Section 3.09 of the City Charter. Introduction and First Reading by the Mounds View City Council on July 14, 2014. Second Reading and Adoption by the Mounds View City Council on July 28, 2014. Publication Date: August 8, 2014 . Joe Flaherty, Mayor Attest: ______________________________ James Ericson City Administrator (seal) Item No: 07D Meeting Date: July 14, 2014 Type of Business: CB Administrator Review: ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, City Administrator Desaree Crane, Assistant City Administrator Item Title/Subject: First Reading of Ordinance 889, an Ordinance Amending Chapter 512 of the Mounds View City Code Pertaining to Cigarette and Tobacco Licensing Background: On April 14, 2014, the Mounds View City Council approved a Cigarette and Tobacco License for Sam’s Food Market contingent on the following conditions: • The licensee must post signs in visible locations that prohibit loitering inside or near the front entrance of the retail establishment. • The licensee must fully light the interior of the retail establishment during business hours such that every part, corner, aisle, room, and section of the retail establishment is illuminated wholly. • The sales counter, store entrance, and interior of the retail establishment shall be visually recorded with a videotape or similar device at a quality level that allows the visual identification of patrons and employees. The recordings shall be maintained and made available to the police for five calendar days before being reused. • The licensee must post a sign at front entrance of the retail establishment that prohibits minors from entering the retail establishment. • The licensee must fully cooperate with representatives from the City of Mounds View when present at the retail establishment for City business purposes. • The licensee must maintain clean and clear front and rear entrances of the retail establishment. • The licensee must not make sales of items commonly used by drug users and drug dealers, including, but not limited to glass pipes, “dug-outs”, one hitters, grinders, measuring scales, and small bags. • The licensee may not supply matches to non-purchasing customers. Ord 889 Staff Report July 14, 2014 Page 2 • Each day of business, the licensee must inspect the parking lot and entrances of the retail establishment for litter and properly dispose of such litter. • The front windows of the retail establishment must be clear, untinted, and unobstructed, except that the signage required by this subsection must be posted in the windows. • The licensee must promptly remove any graffiti on the exterior of the retail establishment. Discussion: Staff received direction from the City Council to add the above conditions to Chapter 512 of the Mounds View City Code. In addition, at the direction of the City Attorney, language requiring that an applicant “must be of good moral character to be considered for approval for an issuance or renewal of a Cigarette and Tobacco License” was added back in Section 512.05. (A previous ordinance had removed this clause.) Recommendation: Staff and the City Attorney recommend a review of the proposed ordinance and approval of the introduction and first reading of Ordinance 889, an ordinance amending Chapter 512 of the Mounds View City Code pertaining to Cigarette and Tobacco licensing. The second reading is scheduled for July 28, 2014. Respectfully Submitted, Respectfully Submitted, ________________________ _____________________ James Ericson Desaree Crane Attachments: 1. Ordinance 889 Item No: 07E Meeting Date: July 14, 2014 Type of Business: CB Administrator Review: ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Assistant City Administrator Item Title/Subject: Resolution 8276, Approving a Donation Collection Bin License for USAgain, LLC, to Place a Donation Collection Bin at Cross of Glory Church located at 5472 Adams Street Background: USAgain, LLC is requesting to place a donation collection bin at Cross of Glory Church. Cross of Glory Church has given permission for this organization to have this donation bin on their property. Discussion: Staff has received all required application materials and fees in accordance with Ordinance 880 (attached). According to the USAgain website, they are a for-profit company that collects unwanted textiles and resells them in the U.S. and abroad, diverting millions of pounds of clothing from landfills, generating new revenue streams for U.S. businesses and non-profits, and fueling local economies in emerging countries. For more information on this organization, please refer to their website at http://www.usagain.com/. Recommendation: Staff recommends that the City Council approve the Donation Collection Bin License to USAgain to locate a donation collection bin at Cross of Glory Church located at 5472 Adams Street. Respectfully Submitted, ________________________ Desaree Crane RESOLUTION 8276 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA Approving a Donation Collection Bin License for USAgain, LLC, to Place a Donation Collection Bin at Cross of Glory Church located at 5472 Adams Street WHEREAS, all City of Mounds View businesses wishing to operate certain types of businesses must apply to the City for licenses; and WHEREAS, USAgain, LLC, has applied for a Donation Collection Bin License to place a donation collection bin at Cross of Glory Church located at 5472 Adams Street; and WHEREAS, USAgain, LLC, has submitted the proper paperwork and fees; and WHEREAS, all City of Mounds View Donation Collection Bin Licenses must be approved by the City Council. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does hereby approve a Donation Collection Bin License for USAgain, LLC to place a donation collection bin at Cross of Glory Church NOW, THEREFORE, BE IT FURTHER RESOLVED that the licensing shall expire on December 31, 2014. Adopted this 14th day of July, 2014 Joe Flaherty, Mayor ATTEST: James Ericson, City Administrator (seal) Item No: 7F Meeting Date: July 14, 2014 Type of Business: Council Business Administrator Review: ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Don Peterson, Public Works Supervisor Item Title/Subject: Resolution Approving the Purchase of a 2015 Service Truck for the Water Division of Public Works Background/Discussion: As part of the Public Works Department’s maintenance program, service trucks are purchased to perform the needed maintenance and inspections required throughout the City. The Water Division currently uses a 2002 Ford F250 truck with a utility box. This truck is used for making repairs in the well buildings, fire hydrants, water gate valves, water meters and water main breaks, Gopher State One locates, water meter readings and many more jobs in the water department. This vehicle is budgeted to be replaced in 2014. Discussion: Staff has received a quote off the State of Minnesota Cooperative Purchasing Venture for a new 2015 F350 4x2 Super Cab with an 8’ box for a cost of $27,245.00 from Midway Ford of Roseville MN. In addition to the Cab and chassis staff has received a quote off the State Of Minnesota Cooperative Purchasing Venture from Crysteel Truck and Equipment from Fridley MN, for a new service body and V- Mac Compressor. 1) Utility Box with options $25,444.32 2) V-Mac VR70 $10,425.00 3) Trade in of 8” box -$700.00 4) Total for service body And V-Mac VR70 $34,989.32 Total cost of the new service truck including the service body and V-Mac compressor is $62,234.32 not including any tax or license fees. Staff has not received a quote for a trade-in of unit #706. Since two other vehicles will be auctioned later this year, staff recommends that unit #706 be sold at auction as well. With the proceeds of the sale going to offset any costs with the purchase of the new service truck. Funds to purchase the new service truck are in the 2014 budget, Water Infrastructure & Equipment Maintenance account, 700-4823-7030, of $72,000.00. Recommendation: Staff recommends the purchase of a 2015 F350 super cab and chassis off State Of Minnesota Cooperative Purchasing Venture from Roseville Midway Ford of Roseville MN for a cost of $27,245.00, not including the sales tax or license fees. Staff also recommends approving the purchase of the service body and options along with a VMac under the hood air compressor from Cysteel Equipment of Fridley at the cost of $34,989.32, and allow for the trade-in of the 8’ box for $700.00 for total the cost of $62,234.32 not including sales tax. Staff is also recommending that the Council approve placing unit #706 on auction in order to receive a higher trade-in value and use those dollars to offset the final cost of the new truck. Staff is also recommending a 5% contingency in the amount of $3,111.71 for any unforeseen expenditures. Funds are in the 2014 Water Infrastructure Budget, account 700-4823-7030. Respectfully submitted, Don Peterson Public Works Supervisor RESOLUTION 8278 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING THE PURCHASE OF A 2015 SERVICE TRUCK FOR THE WATER DIVISION OF PUBLIC WORKS WHEREAS, the City purchases vehicles and equipment for carrying out the various responsibilities and tasks of the Public Works Department and replaces the vehicles and equipment in accordance with the vehicle and equipment replacement program approved by the City Council; and WHEREAS, the Water Division of Public Works currently uses a 2002 Ford F250 service truck (Unit #706) to operate, maintain, and repair the drinking water distribution system and respond to service calls and utility locates; and WHEREAS, Unit #706 is programmed and budgeted to be replaced in 2014 in accordance with the vehicle and equipment replacement program; and WHEREAS, Public Works staff received a quote from Midway Ford of Roseville, through the State of Minnesota Cooperative Purchasing Venture, for a 2015 F350 4x2 super cab with 8’ box for $27,245 plus tax and license fees; and WHEREAS, Public Works staff received a quote from Crysteel Equipment of Fridley, through the State of Minnesota Cooperative Purchasing Venture, for a service body and options including a V-MAC air compressor for $34,989.32 plus tax. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota as follows: 1. The City hereby approves the purchase of a 2015 F350 4x2 super cab with 8’ box for $27,245, plus tax and license fees, from Midway Ford. 2. The City hereby approves the purchase of a service body and options including a V- MAC air compressor for $34,989.32 plus tax from Cysteel Equipment. 3. Staff is directed to sell Unit #706 upon receipt and inspection of the above said purchases. 4. Monies for the above said purchases shall be paid from the Water Enterprise Fund (700- 4823-7030) for a combined cost of $62,234.32 (excluding tax and license fees), plus a 5% contingency amount of $3,100 for other miscellaneous and related items needed for a fully-functioning service truck, for a total maximum purchase cost of $65,334.32 (excluding tax and license fees). Adopted this 14th day of July, 2014. ____________________________________ Joe Flaherty, Mayor ATTEST: ____________________________________ James Ericson, City Administrator SEAL Item No: 7H Meeting Date: July 14, 2014 Type of Business: Council Business Administrator Review: ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Nick DeBar, Public Works Director Item Title/Subject: Resolution 8281, Authorizing Stantec Consulting Services Inc. to Perform Professional Engineering Design Services and Prepare Bidding Documents for Area H of the Street and Utility Improvement Program Background: The City is in the process of reconstructing 26 miles of City-owned streets and associated underground utilities as part of the Streets and Utilities Improvement Program (Program). The Program includes design standards, a financing plan, a prioritization/implementation (staging) plan, and a communication plan for implementing reconstruction over a 9-year period (2009-2018) with an estimated program cost of $28 million. The next project area scheduled for construction next year is Area H (see attached Program map). Area H contains 2.4 miles of streets and is located in the north/northwest part of the city and includes Ardan Avenue (Spring Lake Road to Red Oak), Laport Drive, Groveland Road and Court, Knollwood Drive, and Fairchild Avenue. The adjacent properties are predominantly single-family housing. Ardan Avenue and Groveland Road are the non-standard streets in this area due to municipal state aid status and pedestrian/bicycle accommodations. Discussion: Public Works engineering staff has solicited a fee estimate proposal from Stantec for professional engineering services for Area H as follows: Design Fee $ 133,300 Bid Fee $ 6,000 Construction Fee $ 180,200 Total Project Fee $ 319,500 (13.3% of $2.4M estimated construction cost for Area H) Stantec’s fee proposal is based upon a defined scope of work and schedule to accommodate construction in 2015. Stantec (formerly Bonestroo) has successfully performed all engineering services for the design, bid, and construction phases of the Program thus far. In 2011, for Area E, engineering staff solicited competitive fee proposals from another firm that acquired engineering staff from Stantec who were familiar with Mounds View projects and City expectations. However, Stantec’s fee was $30,000+ less than their competitors were, and the City retained Stantec. Stantec maintains many of the same key personnel that have been integral with the street projects, including design engineers, stormwater engineers, land surveyors, and construction personnel. City engineering staff has developed good working relationships with Stantec personnel and have been extremely satisfied with their performance. Compensation for Stantec will be on hourly basis plus reimbursable expenses with an estimated maximum fee of $133,300 for the design phase. If approved, staff anticipates that the Council will consider authorizing engineering services for the bid phase after bidding documents are complete and for the construction phase after public bids have been received Res. 8281, Auth. Stantec to Perform Engr. Design and Prepare Bidding Documents for Area H Page 2 One change for the scope of work in Area H from previous project areas is to evaluate the Area I boulevard areas for suitability to construct infiltration basins. Public Works recommending this change in scope to ensure that the remaining stormwater volumes and areas are achieved to meet RCWD’s requirements for the overall Program. A geotechnical and environmental evaluation of subsurface conditions is customarily performed for any project with land disturbing activities. These evaluations provide recommendations to be incorporated into the engineering design of pavements, utilities, and infiltration basins. Braun Intertec Corporation provided Public Works a fee proposal of $20,905 for this work, which includes all needed evaluations for the Area I project. This additional scope will assist to determine suitability of infiltration basin locations in Area I. These costs for design will not be needed next year when Area I is authorized to begin the design phase. Recommendation: Public Works recommends that the City Council adopt the attached resolution authorizing Stantec to perform engineering design services and prepare bidding documents for Area H of the Street and Utility Improvement Program. Doing so will allow the project to stay on course for construction next year. Funding for these services has been budgeted for 2014 under Street Improvement Fund (485-4470-7050) for $247,771. The combined design fees of Stantec and Braun Intertec are $154,205 ($133,300+$20,905) – well below that budgeted. Respectfully submitted, Nick DeBar - Public Works Director Attachments: Resolution 8281 Street & Utility Improvement Program Map RESOLUTION 8281 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AUTHORIZING STANTEC CONSULTING SERVICES INC. TO PERFORM ENGINEERING DESIGN SERVICES AND PREPARE BIDDING DOCUMENTS FOR AREA H OF THE STREET AND UTILITY IMPROVEMENT PROGRAM WHEREAS, on October 22, 2007 the City Council adopted Resolution 7176 establishing the Street and Utility Improvement Program (Program), which includes nine Street and Utility Improvement Project areas identified as Areas A through I totaling 25.9 miles of streets; and WHEREAS, Areas A through G have been constructed or are under construction and total 20.2 miles of the Program; and WHEREAS, Area H of the Program is the next project area to be constructed and is programmed for a 2015 construction season; and WHEREAS, Stantec Consulting Services Inc. (formerly known as “Bonestroo”) has provided professional engineering services for all projects completed in the Program to date on behalf of the City; and WHEREAS, Stantec Consulting Services Inc. has provided a fee proposal to perform engineering design services and prepare bidding documents for the Area H project, and Public Works engineering staff recommends Stantec to perform these services. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota as follows: 1. Stantec Consulting Services Inc. is authorized to perform engineering design services and prepare bidding documents for Area H of the Street and Utility Improvement Program (City Project No. 2014-C04). Compensation will be on an hourly basis plus reimbursable expenses with an estimated maximum fee of $133,300. 2. Braun Intertec Corporation is authorized to perform geotechnical and environmental evaluation of subsurface conditions for Area H and I of the Street and Utility Improvement Program. Compensation will be on lump sum basis with an estimated maximum fee of $20,905. 3. The Director of Public Works is authorized and directed, for and on behalf of the City, to execute and enter into a professional services agreement with Stantec and Braun Intertec for said services. 4. A contingency of $15,000 (10%) is approved for additional work or tests needed during the performance of the design services and require pre-approval by the Director of Public Works. Adopted this 14th day of July, 2014. ____________________________________ Joe Flaherty, Mayor ATTEST: ____________________________________ James Ericson, City Administrator (SEAL) Item No: 8C Meeting Date: July 14, 2014 Type of Business: Consent Agenda Administrator Review : ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Thomas Kinney, Chief of Police Item Title/Subject: Resolution 8279, Renewal of Training Contract with Century College Background: Century College has provided police training courses to the Mounds View Police Department and numerous other police agencies in Minnesota and Wisconsin, since 1994. Century College provides approximately 300 hours of POST approved training, to include mandated courses along with a wide selection of many other law enforcement related courses. Discussion: Agencies wishing to participate in this training option can select the number of training slots they would like to have available to their agency for any given course offering. Most courses are offered more than once during the year, so it is not necessary to purchase a slot for every officer on the department. The total cost to renew the contract for one training slot is $695.00. Recommendation: Staff recommends approval to renew the police department training contract with Century College for one training slot at a total cost of $695.00 for the contract period from September 1, 2014 through June 30, 2015. Respectfully Submitted, __________________ Thomas Kinney Chief of Police RESOLUTION NO. 8279 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA A RESOLUTION APPROVING THE RENEWAL OF A TRAINING CONTRACT WITH CENTURY COLLEGE FROM SEPTEMBER 1, 2014 THROUGH JUNE 30, 2015 WHEREAS, Century College has been providing the Mounds View Police Department with POST certified law enforcement training since 1994; and WHEREAS, the current contract for training expired June 30, 2014; and WHEREAS, Century College usually offers training courses more than once during the training year; and WHEREAS, Century College charges $695.00 for one reserved slot; and WHEREAS, one training slot will be reserved for this contract period totaling $695.00. NOW, THEREFORE, BE IT RESOLVED that the City Council for the City of Mounds View, Ramsey County, Minnesota approves the renewal of a law enforcement training contract from September 1, 2014 through June 30, 2015 with Century College at a total cost of $695.00 for that contract period. Adopted this 14th day of July, 2014. Joe Flaherty, Mayor ATTEST _______________________________ Jim Ericson, City Administrator SEAL PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1 CITY OF MOUNDS VIEW 2 RAMSEY COUNTY, MINNESOTA 3 4 Regular Meeting 5 May 12, 2014 6 Mounds View City Hall 7 2401 Highway 10, Mounds View, MN 55112 8 7:00 P.M. 9 10 11 1. MEETING IS CALLED TO ORDER 12 13 2. PLEDGE OF ALLEGIANCE 14 15 3. ROLL CALL: Flaherty, Gunn, Hull, Meehlhause, Mueller 16 17 NOT PRESENT: None. 18 19 4. APPROVAL OF AGENDA 20 A. Monday, May 12, 2014, City Council Agenda. 21 22 MOTION/SECOND: Mueller/Meehlhause. To Approve the Monday, May 12 , 2014, agenda as 23 presented. 24 25 Ayes – 5 Nays – 0 Motion carried. 26 27 5. PUBLIC INPUT 28 29 None. 30 31 6. SPECIAL ORDER OF BUSINESS 32 A. National Public Works Week Proclamation 33 34 Mayor Flaherty read a proclamation declaring May 18-24, 2014 to be National Public Works 35 Week in the City of Mounds View. He thanked the Public Works Department for their dedicated 36 service to the City and its residents. 37 38 B. Oath of Office Ceremony for Police Officer Jeffrey Martin 39 40 Police Chief Kinney introduced newly appointed Police Officer Jeffrey Martin to the Council. 41 He reported Officer Martin has been working for the Mounds View Police Department since 42 January and has successfully completed his field training. 43 44 Mounds View City Council May 12, 2014 Regular Meeting Page 2 Police Chief Kinney administered the Oath of Office to Police Officer Jeffrey Martin and 1 welcomed him to the Mounds View Police Department. A round of applause was offered by all 2 in attendance. 3 4 C. Abiding Savior Lutheran Church Proclamation 5 6 Mayor Flaherty read a proclamation declaring May 16, 2014, to be Abiding Savior Lutheran 7 Church Day and congratulated them on their 75th Anniversary. He congratulated this 8 congregation on their 75 years of ministry to the community. A round of applause was offered 9 by all in attendance. 10 11 7. COUNCIL BUSINESS 12 A. 7:00 p.m. Public Hearing – On-Sale Intoxicating Liquor License Renewals. 13 1. Resolution 8253, a Resolution to Consider Approval of an On-Sale 14 Intoxicating Liquor License for Moe’s, located at 2400, County Road 15 10. 16 17 Assistant City Administrator Crane stated that in accordance with City Code a public hearing was 18 required for all liquor licenses. She reported that Moe’s had not submitted their application 19 materials and therefore recommended the Council continue the public hearing for this item to the 20 May 27, 2014 City Council meeting. She indicated she received a phone call from the business 21 owner and staff has given them until May 21st to submit all necessary liquor license paperwork. 22 23 Mayor Flaherty opened the public hearing at 7:15 p.m. 24 25 MOTION/SECOND: Mueller/Gunn. To Continue the Public Hearing for Moe’s On-Sale 26 Intoxicating Liquor License to the May 27, 2014 City Council Meeting. 27 28 Ayes – 5 Nays – 0 Motion carried. 29 30 2. Resolution 8254, a Resolution to Consider Approval of an On-Sale 31 Intoxicating Liquor License for The Mermaid, located at 2200 County 32 Road 10. 33 34 Assistant City Administrator Crane stated that in accordance with City Code a public hearing was 35 required for all liquor licenses. She reported that The Mermaid has submitted all necessary 36 application paperwork and fees. She recommended approval of the On-Sale Intoxicating Liquor 37 License for The Mermaid contingent upon a satisfactory compliance and criminal background 38 check from the BCA. It was noted the liquor license would be in effect from July 1, 2014 through 39 June 30, 2015. 40 41 Mayor Flaherty opened the public hearing at 7:17 p.m. 42 43 Hearing no public input, Mayor Flaherty closed the public hearing at 7:17 p.m. 44 45 Mounds View City Council May 12, 2014 Regular Meeting Page 3 MOTION/SECOND: Gunn/Mueller. To Waive the Reading and Adopt Resolution 8254, a 1 Resolution to Consider Approval of an On-Sale Intoxicating Liquor License for The Mermaid, 2 located at 2200 County Road 10, contingent upon a satisfactory compliance and criminal 3 background check from the BCA. 4 5 Ayes – 5 Nays – 0 Motion carried. 6 7 3. Resolution 8255, a Resolution to Consider Approval of an On-Sale 8 Intoxicating Liquor License for El Loro, located at 2535 County Road 9 10. 10 11 Assistant City Administrator Crane stated that in accordance with City Code a public hearing was 12 required for all liquor licenses. She reported that El Loro has submitted all necessary application 13 paperwork and fees. She recommended approval of the On-Sale Intoxicating Liquor License for 14 El Loro contingent upon a satisfactory compliance and criminal background check from the 15 BCA. It was noted the liquor license would be in effect from July 1, 2014 through June 30, 2015. 16 17 Mayor Flaherty opened the public hearing at 7:19 p.m. 18 19 Hearing no public input, Mayor Flaherty closed the public hearing at 7:19 p.m. 20 21 MOTION/SECOND: Mueller/Meehlhause. To Waive the Reading and Adopt Resolution 8255, 22 a Resolution to Consider Approval of an On-Sale Intoxicating Liquor License for El Loro, 23 located at 2535 County Road 10, contingent upon a satisfactory compliance and criminal 24 background check from the BCA. 25 26 Ayes – 5 Nays – 0 Motion carried. 27 28 B. 7:05 p.m. Public Hearing – Off-Sale Intoxicating Liquor License Renewals. 29 1. Resolution 8256, a Resolution to Consider Approval of an Off-Sale 30 Intoxicating Liquor License for ABC Liquor, located at 2840 County 31 Road 10. 32 33 Assistant City Administrator Crane stated that in accordance with City Code a public hearing was 34 required for all liquor licenses. She reported that ABC Liquor has submitted all necessary 35 application paperwork and fees. She recommended approval of the Off-Sale Intoxicating Liquor 36 License for ABC Liquor contingent upon a satisfactory compliance and criminal background 37 check from the BCA. It was noted the liquor license would be in effect from July 1, 2014 through 38 June 30, 2015. 39 40 Mayor Flaherty opened the public hearing at 7:20 p.m. 41 42 Hearing no public input, Mayor Flaherty closed the public hearing at 7:20 p.m. 43 44 MOTION/SECOND: Gunn/Hull. To Waive the Reading and Adopt Resolution 8256, a 45 Mounds View City Council May 12, 2014 Regular Meeting Page 4 Resolution to Consider Approval of an Off-Sale Intoxicating Liquor License for ABC Liquor, 1 located at 2840 County Road 10, contingent upon a satisfactory compliance and criminal 2 background check from the BCA. 3 4 Council Member Meehlhause thanked ABC Liquor for preparing their liquor license paperwork 5 in a timely manner this year. 6 7 Ayes – 5 Nays – 0 Motion carried. 8 9 2. Resolution 8257, a Resolution to Consider Approval of an Off-Sale 10 Intoxicating Liquor License for Big Top Liquor, located at 2577 11 County Road 10. 12 13 Assistant City Administrator Crane stated that in accordance with City Code a public hearing was 14 required for all liquor licenses. She reported that Big Top Liquor has submitted all necessary 15 application paperwork and fees. She recommended approval of the Off-Sale Intoxicating Liquor 16 License for Big Top Liquor contingent upon a satisfactory compliance and criminal background 17 check from the BCA. It was noted the liquor license would be in effect from July 1, 2014 through 18 June 30, 2015. 19 20 Mayor Flaherty opened the public hearing at 7:22 p.m. 21 22 Hearing no public input, Mayor Flaherty closed the public hearing at 7:22 p.m. 23 24 MOTION/SECOND: Mueller/Meehlhause. To Waive the Reading and Adopt Resolution 8257, 25 a Resolution to Consider Approval of an Off-Sale Intoxicating Liquor License for Big Top 26 Liquor, located at 2577 County Road 10, contingent upon a satisfactory compliance and criminal 27 background check from the BCA. 28 29 Council Member Mueller thanked Big Top Liquor for the compliance training this establishment 30 provides to their employees. 31 32 Ayes – 5 Nays – 0 Motion carried. 33 34 3. Resolution 8258, a Resolution to Consider Approval of an Off-Sale 35 Intoxicating Liquor License for Vino & Stoggies, located at 2345 36 County Road H2. 37 38 Assistant City Administrator Crane stated that in accordance with City Code a public hearing was 39 required for all liquor licenses. She reported that Vino & Stoggies submitted their paperwork on 40 May 12, 2014 and staff has not had time to review the materials. She requested the Council 41 continue the public hearing for this item to the May 27, 2014 City Council meeting. 42 43 Mayor Flaherty opened the public hearing at 7:25 p.m. 44 45 Mounds View City Council May 12, 2014 Regular Meeting Page 5 MOTION/SECOND: Mueller/Hull. To Continue the Public Hearing for Vino & Stoggies Off-1 Sale Intoxicating Liquor License to the May 27, 2014 City Council Meeting. 2 3 Mayor Flaherty expressed concern with the local businesses not meeting the City’s deadlines for 4 their liquor licenses. He encouraged these businesses to have their paperwork and applications 5 completed in a more timely manner to ensure there are no delays on their liquor licenses. 6 Assistant City Administrator Crane reviewed the State’s liquor license approval process. 7 8 Ayes – 5 Nays – 0 Motion carried. 9 10 C. 7:10 p.m. Public Hearing, Resolution 8259, a Resolution to Consider 11 Approval of an Off-Sale 3.2 Malt Liquor License for SuperAmerica, located 12 at 2640 County Road I. 13 14 Assistant City Administrator Crane stated that in accordance with City Code a public hearing was 15 required for all liquor licenses. She reported that SuperAmerica has submitted all necessary 16 application paperwork and fees. She recommended approval of the 3.2 Malt Liquor Intoxicating 17 Liquor License for SuperAmerica contingent upon a satisfactory compliance and criminal 18 background check from the BCA. It was noted the liquor license would be in effect from July 1, 19 2014 through June 30, 2015. 20 21 Mayor Flaherty opened the public hearing at 7:28 p.m. 22 23 Hearing no public input, Mayor Flaherty closed the public hearing at 7:28 p.m. 24 25 MOTION/SECOND: Meehlhause/Mueller. To Waive the Reading and Adopt Resolution 8259, 26 a Resolution to Consider Approval of an Off-Sale 3.2 Malt Liquor License for SuperAmerica, 27 located at 2640 County Road I, contingent upon a satisfactory compliance and criminal 28 background check from the BCA. 29 30 Ayes – 5 Nays – 0 Motion carried. 31 32 D. Resolution 8251, Adopting a Calendar for the Preparation of the 2015 33 Budget. 34 35 Finance Director Beer stated City Charter requires the Council to approve a budget calendar. He 36 reviewed the calendar in further detail noting it would be published in the Mounds View Matters 37 and would be placed on the City’s website. Staff requested the Council adopt the proposed 38 calendar for the preparation of the 2015 budget. 39 40 MOTION/SECOND: Gunn/Mueller. To Waive the Reading and Adopt Resolution 8251, 41 Adopting a Calendar for the Preparation of the 2015 Budget. 42 43 Ayes – 5 Nays – 0 Motion carried. 44 45 Mounds View City Council May 12, 2014 Regular Meeting Page 6 E. Resolution 8252, Adopting a Five Year Financial Plan for 2015 thru 2019. 1 2 Finance Director Beer discussed the five year financial plan for years 2015 through 2019. He 3 noted City Charter required the five year plan and explained this document greatly assisted the 4 Council with yearly budgets. Staff recommended approval of the five year plan and commented 5 this information would be made available on the City’s website. 6 7 MOTION/SECOND: Gunn/Meehlhause. To Waive the Reading and Adopt Resolution 8252, 8 Adopting a Five Year Financial Plan for 2015 thru 2019. 9 10 Council Member Mueller thanked Finance Director Beer for his diligence and assistance with the 11 budget each year. 12 13 Ayes – 5 Nays – 0 Motion carried. 14 15 8. CONSENT AGENDA 16 A. Resolution 8260, Approving Severance for Officer James Stoffel. 17 B. Set a Public Hearing for Tuesday, May 27, 2014, at 7:00 p.m. for the 18 Consideration of a Preliminary Plat for Longview Estates. 19 C. Set a Public Hearing for Tuesday, May 27, 2014, at 7:00 p.m. for the 20 Introduction and First Reading of Ordinance 887, Amending Chapter 1008 21 of the Mounds View City Code Relating to Dynamic Display Signs. 22 23 MOTION/SECOND: Mueller/Hull. To Approve the Consent Agenda as presented. 24 25 Ayes – 5 Nays – 0 Motion carried. 26 27 9. JUST AND CORRECT CLAIMS 28 29 Finance Director Beer answered the Council's questions related to claims. 30 31 MOTION/SECOND: Gunn/Mueller. To Approve the Just and Correct Claims as presented. 32 33 Ayes – 5 Nays – 0 Motion carried. 34 35 10. APPROVAL OF MINUTES 36 37 None. 38 39 11. REPORTS 40 A. Reports of Mayor and Council. 41 42 Council Member Gunn reported the Irondale High School robotics team would be participating 43 in the State Championship on Saturday, May 17, 2014 at Williams Arena. She congratulated 44 them on a great season. 45 Mounds View City Council May 12, 2014 Regular Meeting Page 7 1 Council Member Gunn indicated there would be an Open House regarding the County Road 96/I-2 35W interchange on Tuesday, May 20th from 4:00-6:00 p.m. in the Marsden Room at the Ramsey 3 County Public Works Building in Arden Hills. 4 5 Council Member Mueller congratulated Cub Scout Packs #267, # 167, and #367 for their 6 successful Scouting for Food Drive. 7 8 Council Member Mueller noted the Mounds View Business Council would be meeting at 7:30 9 a.m. on Wednesday, May 14, 2014 at the Mounds View Community Center. The guest speaker 10 would be Bob Behnke. 11 12 Council Member Mueller reported the Festival in the Park Committee would meet again on 13 Tuesday, May 20, 2014 at 7:00 p.m. at City Hall. She encouraged those interested in assisting 14 with the festival to attend the meeting or contact City Hall for further information. 15 16 Council Member Mueller commented she would be attending a League of Minnesota Cities 17 board meeting on Thursday, May 22, 2014. She noted the League of Minnesota Cities was 18 accepting applications for board members. Selections would be made at the annual LMC 19 conference. 20 21 Council Member Mueller explained the Minnesota Women in City Government has received 22 nominations for the Outstanding Elected and Outstanding Appointed Woman Official of the 23 Year. These two award would be presented at the LMC Conference in June. 24 25 Council Member Meehlhause stated he was honored to attend the Ramsey County Law 26 Enforcement Memorial Ceremony with Police Chief Kinney on May 12th. 27 28 Mayor Flaherty indicated he attended the Five Cities Meeting with City Administrator on May 29 12th. The group discussed the Comcast cable franchise contract and PEG fees. He stated Barb 30 Haake from the Cable Commission would be attending an upcoming worksession meeting to 31 provide the Council with additional information regarding the franchise contract. 32 33 Council Member Mueller discussed the Discover Aviation Days event that would be held at the 34 Blaine Airport on May 31st and June 1st. 35 36 B. Reports of Staff. 37 38 City Administrator Ericson updated the Council on the Economic Development Specialist 39 position. He noted an offer was extended to the top candidate and the candidate declined the 40 position. This has led staff to further evaluate the position description and expectations. He 41 stated the position description may need an amendment. 42 43 City Administrator Ericson commented he would be attending a conference Wednesday through 44 Friday of this week, noting the EDC would be meeting on May 23rd. 45 Mounds View City Council May 12, 2014 Regular Meeting Page 8 1 Council Member Mueller suggested the City consider instilling a late fee for application 2 processes to ensure that staff time was accounted for and to encourage businesses to prepare their 3 paperwork in a more timely manner. 4 5 Finance Director Beer reported he would be attending several classes at the National Government 6 Finance Officers Conference. 7 8 C. Reports of City Attorney. 9 10 There was nothing additional to report. 11 12 12. Next Council Work Session: Monday, June 2, 2014, at 7:00 p.m. 13 Next Council Meeting: TUESDAY, May 27, 2014, at 7:00 p.m. 14 15 13. ADJOURNMENT 16 17 The meeting was adjourned at 8:05 p.m. 18 19 Transcribed by: 20 21 Heidi Guenther 22 TimeSaver Off Site Secretarial, Inc. 23 PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1 CITY OF MOUNDS VIEW 2 RAMSEY COUNTY, MINNESOTA 3 4 Regular Meeting 5 May 27, 2014 6 Mounds View City Hall 7 2401 Highway 10, Mounds View, MN 55112 8 7:00 P.M. 9 10 11 1. MEETING IS CALLED TO ORDER 12 13 2. PLEDGE OF ALLEGIANCE 14 15 3. ROLL CALL: Flaherty, Gunn, Hull, Meehlhause, Mueller 16 17 NOT PRESENT: None. 18 19 4. APPROVAL OF AGENDA 20 A. Monday, May 27, 2014, City Council Agenda. 21 22 MOTION/SECOND: Mueller/Hull. To Approve the Monday, May 27 , 2014, agenda as 23 presented. 24 25 Ayes – 5 Nays – 0 Motion carried. 26 27 5. PUBLIC INPUT 28 29 None. 30 31 6. SPECIAL ORDER OF BUSINESS 32 33 None. 34 35 7. COUNCIL BUSINESS 36 A. 7:05 p.m. Public Hearing – Resolution 8261, Consideration of a Preliminary 37 Plat for Longview Estates. 38 39 Planning Associate Heller indicated Marty Harstad was interested in subdividing a seven-acre 40 parcel into 10 single-family lots. The location of the property was described by staff along with 41 the wetland area. She reported a 42 foot wide outlot would be given to the City to protect the 42 wetland. She commented the plat would be known as Longview Estates. She noted Mr. Harstad 43 had already received Rice Creek Watershed approval. Staff discussed the subdivision in further 44 detail and explained the Planning Commission recommended approval of the request. 45 Mounds View City Council May 27, 2014 Regular Meeting Page 2 1 Mayor Flaherty asked how many homes were located across the street from the proposed 2 subdivision. Planning Associate Heller indicated there were 10 homes across from the proposed 3 subdivision. 4 5 Mayor Flaherty opened the public hearing at 7:12 p.m. 6 7 Dave Tillman, 5166 Longview Drive, did not support the proposed development. He feared a 8 great deal of damage would be done to his street due to number of trucks that would be needed to 9 bring in soil. Mr. Tillman questioned why the development was proceeding when he believed 10 the plat had expired. 11 12 Martin Harstad, 2195 Silver Lane Road, stated the proposed site would need approximately 13 20,000 yards of soil. He further discussed the soil correction that was proposed for the building 14 pads, noting split entry homes were being proposed to minimize the soil correction needed. 15 16 Mayor Flaherty asked what assurances the City would have to ensure the streets were not 17 damaged by the numerous dump trucks entering and exiting this subdivision. Mr. Harstad stated 18 he would work through this issue with staff. 19 20 Mayor Flaherty explained the previously approved plat was delayed due to the downturn in the 21 housing market. He indicated the plat was extended and the developer would now be pursuing 22 10 homes in the subdivision. 23 24 Mr. Tillman questioned who would be building the homes and asked how long it would take for 25 the homes to be built. 26 27 Ann Tillman, 5166 Longview Drive, stated she had a vested interest in how the subdivision was 28 developed as it would impact her property. She asked how far above street level the Longview 29 Estates homes would be. She inquired if the new development would impact the water table. 30 She reviewed a comment from Herb Zwirn made over 10 years ago on how the filling of wetland 31 adversely impacted adjacent homeowners. She recommended a covenant be drawn up for the 10 32 properties as she did not want additional water in her basement. 33 34 Mr. Harstad discussed the elevation of the properties in relation to street level. He estimated the 35 homes would be approximately a foot and a half above street level. He discussed how water 36 drained in this neighborhood noting the holding pond would remain. He reiterated that he had 37 received watershed approval for his subdivision. 38 39 Barbara Koziak, 5173 Red Oak Drive, had concern with how the water table would be impacted. 40 She questioned why this property was being developed when it was clearly a swamp. 41 42 Mayor Flaherty commented the parcel was private property and the owner had the right to 43 develop this property. 44 45 Mounds View City Council May 27, 2014 Regular Meeting Page 3 Mr. Tillman explained he did not oppose the subdivision, but did oppose the variances. He 1 stated City Code would only allow for eight houses within the wetland buffer zone. 2 3 Mayor Flaherty explained the variances were approved to protect the wetland and ensure that no 4 further development occurred on the rear of the property. 5 6 Mrs. Tillman asked again, who would build and develop the property. Mr. Harstad stated he 7 would be selling the lots outright to a single builder. 8 9 Mrs. Tillman questioned what type of homes would be built on the parcel. Mr. Harstad indicated 10 the homes would be valued around $300,000. 11 12 Hearing no further public input, Mayor Flaherty closed the public hearing at 7:36 p.m. 13 14 Council Member Gunn asked if the homes would be built all at once or over time. Mr. Harstad 15 commented he could not anticipate how quickly the lots would sell and be developed. However, 16 he anticipated that the lots would sell quickly as he had three builders vying for the property. 17 18 Council Member Mueller stated she has lived in the area for 30+ years and noted she referred to 19 this property as the swamp as well. She questioned if these homes would require drain tile and 20 sump pumps. Mr. Harstad indicated there was a drain pipe running through the property 21 currently. He discussed how the storm sewer drain would be redirected and treated prior to being 22 discharged into the storm pond. He reported that all homes were built with drain tile these days 23 and Mounds View homes were encouraged to have sump pumps. 24 25 Council Member Mueller inquired how long the Harstad’s have owned this property. Mr. 26 Harstad responded his family has owned this property his entire life and the water and sewer 27 stubs have been in place for the past 30 years. 28 29 Council Member Mueller requested further information on the amount of space the new 30 homeowners within Longview Estates would have in their rear yard. Mr. Harstad reviewed a 31 best guess plan for the lots that was approved by Rice Creek Watershed noting the rear yards 32 would have approximately 20 feet of space. He explained that large boulders would be placed in 33 the rear yards to ensure residents do not further encroach on the wetland. He believed that future 34 homeowners would see the wetland as an amenity and would not be seeking large backyards. 35 36 Council Member Meehlhause reiterated that Mr. Harstad has agreed to clean up the deadfall and 37 debris in the outlot before turning this property over to the City. Planning Associate Heller stated 38 this was the case. 39 40 Council Member Hull asked if this property would have any large piles of dirt. Mr. Harstad 41 clarified that the dirt mound from Red Oak would be moved to Longview and no new mounds 42 would be created. 43 44 Mayor Flaherty questioned how safe it was to build homes on in-filled wetland. Mr. Harstad 45 Mounds View City Council May 27, 2014 Regular Meeting Page 4 commented that this subdivision has been reviewed by the City’s engineers, his engineers, and 1 the watershed district. He reported he was a part of this community and had his reputation on the 2 line. He assured the Council that these lots would be buildable. 3 4 MOTION/SECOND: Meehlhause/Mueller. To Waive the Reading and Adopt Resolution 8261, 5 Consideration of a Preliminary Plat for Longview Estates. 6 7 Council Member Meehlhause discussed the three conditions that have been agreed upon between 8 Mr. Harstad and the City. He questioned if these conditions should be included in the 9 Resolution. Planning Associate Heller explained these issues would be addressed within the 10 developer’s agreement. 11 12 Council Member Mueller read the legal description of the Longview Estates property for the 13 record. She explained she was not in any way affiliated or related to this property. 14 15 City Administrator Ericson read an amendment to the Resolution from the City Attorney. The 16 Council agreed with this amendment. 17 18 Ayes – 5 Nays – 0 Motion carried. 19 20 B. 7:10 p.m. Public Hearing – Introduction and First Reading of Ordinance 887, 21 Amending Chapter 1008 of the Mounds View City Code Relating to Dynamic 22 Display Signs. 23 24 Planning Associate Heller reviewed a proposed sign code amendment to Chapter 1008 of City 25 Code. She explained this section addresses dynamic display signs and the blending or movement 26 of the screen. She commented that the proposed amendment addressed the changing technology 27 available on dynamic display signs. It was noted dynamic signs would not be allowed to blink or 28 f lash. She reviewed the language changes in further detail and explained the Planning 29 Commission recommended approval of the proposed Ordinance. 30 31 Mayor Flaherty opened the public hearing at 8:06 p.m. 32 33 Hearing no public input, Mayor Flaherty closed the public hearing at 8:07 p.m. 34 35 Council Member Mueller explained she had originally been nervous about dynamic display signs 36 and distracted driving. However, she supported the recommendations of staff given the fact sign 37 technology was continuing to evolve. 38 39 MOTION/SECOND: Mueller/Gunn. To Waive the First Reading and Introduce Ordinance 887, 40 Amending Chapter 1008 of the Mounds View City Code Relating to Dynamic Display Signs. 41 42 Mayor Flaherty stated dynamic display signs have changed greatly since 2009 and he did not 43 believe these signs were adversely impacting drivers. 44 45 Mounds View City Council May 27, 2014 Regular Meeting Page 5 Ayes – 5 Nays – 0 Motion carried. 1 2 C. Continued Public Hearing, Resolution 8253, a Resolution to Consider 3 Approval of an On-Sale Intoxicating Liquor License for Moe’s, located at 4 2400 County Road 10. 5 6 Assistant City Administrator Crane stated that in accordance with City Code a public hearing was 7 required for all liquor licenses. She reported that on May 12th the Council continued a public 8 hearing for Moe’s because staff had not received any liquor license application materials. She 9 reported staff sent a certified letter to Moe’s requesting that all application materials and fees be 10 submitted to the City by May 21st. She explained staff received the application and fees on May 11 27th. For this reason, staff was unable to make a recommendation on the liquor license this 12 evening due to the fact background checks still had to be completed. 13 14 Assistant City Administrator Crane reviewed the options available to the Council and requested 15 the Council direct staff on how to proceed. 16 17 Mayor Flaherty questioned if the Council could take action on this matter without a Resolution. 18 City Attorney Schaftel stated a Resolution would need to be drafted by staff prior to the Council 19 taking action. Assistant City Administrator Crane commented the soonest the Council could take 20 action on this matter would be June 9th. 21 22 Council Member Mueller asked if the public hearing were continued to June 9th if staff could 23 have a recommendation and background check completed by that time. Assistant City 24 Administrator Crane was uncertain how long the background check would take, as the State was 25 back logged at this time. 26 27 Mayor Flaherty inquired if the prudent action to take would be to continue the public hearing to 28 June 9th. City Attorney Schaftel believed this to be the case. 29 30 Council Member Meehlhause asked if Moe’s was current on their City utility bills. Assistant 31 City Administrator Crane reported Moe’s was current on their utility bills. 32 33 MOTION/SECOND: Meehlhause/Hull. To Continue the Public Hearing for Moe’s On-Sale 34 Intoxicating Liquor License to Monday, June 9, 2014. 35 36 Ayes – 5 Nays – 0 Motion carried. 37 38 D. Continued Public Hearing, Resolution 8258, a Resolution to Consider 39 Approval of an Off-Sale Intoxicating Liquor License for Vino & Stogies, 40 located at 2345 County Road H2. 41 42 Assistant City Administrator Crane stated that in accordance with City Code, a public hearing 43 was required for all liquor licenses. She reported that the Public Hearing for Vino & Stogies was 44 continued from May 12th. She indicated Vino & Stogies submitted all necessary application 45 Mounds View City Council May 27, 2014 Regular Meeting Page 6 paperwork and fees for this license. She recommended approval of the Off-Sale Intoxicating 1 Liquor License for Vino & Stogies contingent upon a satisfactory compliance and criminal 2 background check from the BCA. It was noted the liquor license would be in effect from July 1, 3 2014 through June 30, 2015. 4 5 Mayor Flaherty opened the public hearing at 8:19 p.m. 6 7 Hearing no public input, Mayor Flaherty closed the public hearing at 8:20 p.m. 8 9 MOTION/SECOND: Mueller/Hull. To Waive the Reading and Adopt Resolution 8258, a 10 Resolution to Consider Approval of an Off-Sale Intoxicating Liquor License for Vino & Stogies, 11 located at 2345 County Road H2. 12 13 Ayes – 5 Nays – 0 Motion carried. 14 15 E. Resolution 8262, Approving the Hire of Brandon Stenglein to the Position of 16 Project Coordinator in the Public Works Department. 17 18 Assistant City Administrator Crane stated on March 10, 2014 the Council approved the job 19 description, salary compensation and authorized staff to advertise for the Project Coordinator 20 position for the Public Works Department. The City advertised for the position and received 20 21 applications. Seven candidates were fully qualified for the position and were interviewed by 22 staff. She discussed Brandon Stenglein’s work experience and recommended the Council 23 approve his hire as Project Coordinator, contingent on a satisfactory criminal background check 24 effective on or about June 24th. 25 26 Mayor Flaherty asked what type of work Mr. Stenglein did for Belair Excavating. Brandon 27 Stenglein explained he was a project manager for Belair Excavating where he managed earth 28 work and remediation projects. He indicated he was looking forward to working for the City. 29 30 Mayor Flaherty welcomed Mr. Stenglein to the City of Mounds View. 31 32 MOTION/SECOND: Mueller/Meehlhause. To Waive the Reading and Adopt Resolution 8262, 33 Approving the Hire of Brandon Stenglein to the Position of Project Coordinator in the Public 34 Works Department, contingent on a satisfactory criminal background check. 35 36 Ayes – 4 Nays – 1 (Hull) Motion carried. 37 38 F. Resolution 8264, Approving the Purchase of a 2014 Ford F150 Pick-Up 39 Truck from Midway Ford. 40 41 Public Works Supervisor Peterson requested the Council consider the purchase of a 2014 Ford 42 F150 pickup truck from Midway Ford. He explained this vehicle would be used for maintenance 43 and field inspections purposes for the Public Works Department. Staff reviewed the competitive 44 bids received for the vehicle noting Midway Ford provided the low bid. The total cost for the 45 Mounds View City Council May 27, 2014 Regular Meeting Page 7 pickup with options would be $28,569.13. 1 2 Council Member Mueller asked if the purchase fell under the new tax exemption law. Finance 3 Director Beer reported it would not. He reported the sales tax would be approximately $1,800 on 4 the pickup. 5 6 Council Member Meehlhause questioned how staff would cover the entire expense of the truck 7 as staff had only budgeted $25,000 for the purchase. Finance Director Beer indicated there 8 would be items not purchased this year to make up the $5,000 difference. 9 10 Council Member Meehlhause inquired if the Project Manager had to have a pickup to complete 11 his duties or if a retired squad car would be sufficient. Public Works Supervisor Peterson 12 explained further how the pickup would be used by the Public Works and Engineering 13 department. 14 15 Mayor Flaherty indicated the City would be adding a vehicle to its fleet through this purchase. 16 He had concern with how this would impact the City’s replacement plan. Public Works Director 17 DeBar stated the engineering department has no vehicle and he has been requesting this change 18 since he began working with the City. He explained that one truck would be going away in the 19 near future, which would help the department find efficiencies. 20 21 MOTION/SECOND: Hull/Gunn. To Waive the Reading and Adopt Resolution 8264, 22 Approving the Purchase of a 2014 Ford F150 Pick-Up Truck from Midway Ford. 23 24 Ayes – 5 Nays – 0 Motion carried. 25 26 G. Resolution 8265, Approving a Contract with Pump and Meter Service, Inc. to 27 install an Unleaded Fuel Station at the Public Works Maintenance Facility. 28 29 Public Works Supervisor Peterson stated gas powered vehicles and equipment was fueled by 30 public works employees at various pumps throughout the City. Over the last few years, diesel 31 fuel has been purchased by the City through a State contract, which has saved Mounds View a 32 great deal of money. Staff was recommending that the Council consider approving a contract 33 with Pump and Meter Service, Inc. to install an unleaded fuel station at the Public Works 34 Maintenance facility. This would provide the Public Works Department with convenience, 35 accurate consumption rates and additional savings to the City. He estimated that the City would 36 have saved over $10,000 over the past year through the State gas contract. 37 38 Public Works Supervisor Peterson reviewed the expense of installing a fuel station at the Public 39 Works maintenance facility indicating it would cost the City $52,082. He reported a concrete 40 pad would also be needed, and this work could be completed by Pump and Meter Service. He 41 explained staff had budgeted $30,000 for a new fuel station based on a rough cost estimate. He 42 discussed the cost savings that the City would see over the final six months of 2014 and going 43 forward noting the payback period for this project would be 4.9 years. Staff recommended the 44 Council approve a contract with Pump and Meter Services, Inc. to install an unleaded fuel station 45 Mounds View City Council May 27, 2014 Regular Meeting Page 8 at the Public Works Maintenance Facility. 1 2 Council Member Hull inquired if staff should hold off on this item until the new Public Works 3 facility was constructed. Public Works Supervisor Peterson stated the equipment could be 4 salvaged and moved quite easily. 5 6 Council Member Gunn questioned what departments would be able to use the fueling station. 7 Public Works Supervisor Peterson reported Public Works, Community Development, 8 Engineering and the Police Department would have access to the fueling station. 9 10 Council Member Mueller indicated the new monitoring system on the pumps would assist with 11 budgeting in future years. She stated she supported the new fueling station. 12 13 Mayor Flaherty commented there was a $17,000 shortfall in the budget for this expense. He 14 asked how the budget would be amended to address this expense. Public Works Supervisor 15 Peterson reported the fueling station and monitoring system expense came in higher than 16 anticipated. Finance Director Beer reported this expense would be paid for out of the Special 17 Projects Fund and would be shared by the Public Works, Community Development and Police 18 Department. Public Works Director DeBar noted the Silver View Park Trail expense may come 19 in lower than staff’s estimate, which would assist with making up the shortfall. 20 21 Council Member Meehlhause asked how often the State changed the gas rate. Public Works 22 Supervisor Peterson commented the price per gallon was changed one time each year. 23 24 MOTION/SECOND: Gunn/Mueller. To Waive the Reading and Adopt Resolution 8265, 25 Approving a Contract with Pump and Meter Service, Inc. to install an Unleaded Fuel Station at 26 the Public Works Maintenance Facility. 27 28 Mayor Flaherty questioned when the fueling station would be installed. Public Works 29 Supervisor Peterson anticipated the station would be installed in June and hoped it would be in 30 operational in July. 31 32 Ayes – 5 Nays – 0 Motion carried. 33 34 8. CONSENT AGENDA 35 A. Resolution 8263, Approval of Mutual Aid Agreement Among Cities within 36 Ramsey County. 37 38 MOTION/SECOND: Mueller/Hull. To Approve the Consent Agenda as presented. 39 40 Ayes – 5 Nays – 0 Motion carried. 41 42 9. JUST AND CORRECT CLAIMS 43 44 Finance Director Beer answered the Council's questions related to claims. 45 Mounds View City Council May 27, 2014 Regular Meeting Page 9 1 MOTION/SECOND: Mueller/Meehlhause. To Approve the Just and Correct Claims as 2 presented. 3 4 Ayes – 5 Nays – 0 Motion carried. 5 6 10. APPROVAL OF MINUTES 7 A. March 24, 2014, City Council Meeting Minutes. 8 9 Council Member Hull requested a correction on Page 1, Line 38, noting it should read she serves 10 on. 11 12 MOTION/SECOND: Gunn/Mueller. To Approve the March 24, 2014, City Council meeting 13 minutes as corrected. 14 15 Ayes – 5 Nays – 0 Motion carried. 16 17 B. April 14, 2014, City Council Meeting Minutes. 18 19 MOTION/SECOND: Gunn/Hull. To Approve the April 14, 2014, City Council meeting minutes 20 as corrected. 21 22 Ayes – 5 Nays – 0 Motion carried. 23 24 C. April 28, 2014, City Council Meeting Minutes. 25 26 MOTION/SECOND: Gunn/Mueller. To Approve the April 28, 2014, City Council meeting 27 minutes as corrected. 28 29 Ayes – 5 Nays – 0 Motion carried. 30 31 11. REPORTS 32 A. Reports of Mayor and Council. 33 34 Council Member Mueller noted the League of Minnesota Cities Board of Directors met last week 35 and nominations were received for Board seats. This matter will be voted on at the June 36 conference in St. Cloud, Minnesota. Further discussion ensued regarding items discussed by the 37 LMC. She commented the City’s LGA appropriation for 2015 is expected to increase. She 38 reported the National League of Cities, “Summer Policy Forum” Conference would be held in St. 39 Paul, July 24th-26th. 40 41 Council Member Mueller reported Discover Aviation Days would be held on Saturday, May 31st 42 and Sunday, June 1st at the Blaine Airport. She encouraged all to attend this event. 43 44 Mounds View City Council May 27, 2014 Regular Meeting Page 10 Council Member Gunn commented the robotics team attended State and for the second year in a 1 row have won the State tournament. 2 3 Council Member Meehlhause noted he attended the Twin Cities Gateway board meeting last 4 week where Steve Markuson’s contract was extended another year, the budget was now up to $1 5 million, and it was reported hotel revenues were up from last year. 6 7 Mayor Flaherty stated $29 million in a recent State bonding bill was earmarked for TCAAP 8 infrastructure. He discussed the work that would be completed with these funds. He suggested 9 that the City continue to request funding from MnDOT for new signage for County Highway 10. 10 11 Mayor Flaherty indicated Cor Wilson and Barbara Haake would be present at the June work 12 session meeting to discuss the cable franchise. 13 14 B. Reports of Staff. 15 1. Police Department Quarterly Report 16 17 Police Chief Kinney provided the Council with a summary of first quarter activities for the 18 Mounds View Police Department. He reviewed a number of statistics noting arrests in the City 19 have decreased, while medical calls and traffic accidents were on the rise. He reported that all 20 other crimes had remained stable. It was noted the School Resource Officer remained busy at 21 Edgewood Middle School and Pinewood has requested a greater police presence for school 22 events. 23 24 Police Chief Kinney commented Niko had been recertified this year for narcotics detection. He 25 indicated DARE instruction began in January for all 5th Grade students at Pinewood. He 26 explained Officer Jeff Martin has successfully completed his training and was now on solo 27 patrol. 28 29 City Administrator Ericson reviewed the items that would be discussed by the Council at the 30 June work session meeting. 31 32 Finance Director Beer indicated he attended a number of educational finance sessions at the 33 National Government Finance Officers Association last week. 34 35 C. Reports of City Attorney. 36 37 City Attorney Schaftel had nothing additional to report. 38 39 12. Next Council Work Session: Monday, June 2, 2014, at 7:00 p.m. 40 Next Council Meeting: Monday, June 9, 2014, at 7:00 p.m. 41 Mounds View City Council May 27, 2014 Regular Meeting Page 11 1 13. ADJOURNMENT 2 3 The meeting was adjourned at 9:38 p.m. 4 5 Transcribed by: 6 7 Heidi Guenther 8 TimeSaver Off Site Secretarial, Inc. 9 PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1 CITY OF MOUNDS VIEW 2 RAMSEY COUNTY, MINNESOTA 3 4 Regular Meeting 5 June 9, 2014 6 Mounds View City Hall 7 2401 Highway 10, Mounds View, MN 55112 8 7:00 P.M. 9 10 11 1. MEETING IS CALLED TO ORDER 12 13 2. PLEDGE OF ALLEGIANCE 14 15 Boy Scout Troop #714 led the City Council in the Pledge of Allegiance. 16 17 3. ROLL CALL: Flaherty, Gunn, Hull, Meehlhause, Mueller 18 19 NOT PRESENT: None. 20 21 4. APPROVAL OF AGENDA 22 A. Monday, June 9, 2014, City Council Agenda. 23 24 MOTION/SECOND: Mueller/Hull. To Approve the Monday, June 9, 2014, agenda as presented. 25 26 Ayes – 5 Nays – 0 Motion carried. 27 28 5. PUBLIC INPUT 29 30 None. 31 32 6. SPECIAL ORDER OF BUSINESS 33 A. CenterPoint Energy Community Partnership Grant Presentation 34 35 Connie Hayes, CenterPoint Energy, explained the City has been awarded a Community 36 Partnership Grant in the amount of $2,500. She explained the grant funds would be used to 37 purchase portable AED’s. A round of applause was offered by all in attendance. 38 39 7. COUNCIL BUSINESS 40 A. Continued Public Hearing – Resolution 8253, a Resolution to Consider 41 Approval of an On-Sale Intoxicating Liquor License for Moe’s, located at 42 2400 County Road 10. 43 44 Assistant City Administrator Crane stated that in accordance with City Code a public hearing was 45 Mounds View City Council June 9, 2014 Regular Meeting Page 2 required for all liquor licenses. She explained staff received an application and fees from Moe’s 1 on May 27th. For this reason, staff was unable to make a recommendation on the liquor license 2 for the May 27th City Council meeting and the item was continued to the June 9th meeting. Staff 3 has since reviewed the materials and commented a satisfactory compliance check had been 4 completed. She noted all utilities and property taxes were up to date and recommended approval 5 of the liquor license contingent upon a satisfactory criminal background check. 6 7 Hearing no public input, Mayor Flaherty closed the public hearing at 7:08 p.m. 8 9 Council Member Mueller questioned how this liquor license would proceed if the criminal 10 background check was not received by June 30th. Assistant City Administrator Crane 11 commented the liquor license would lapse. The applicant would have to begin the entire liquor 12 license process all over again. She anticipated that this process would take an additional 45 to 60 13 days to complete. 14 15 MOTION/SECOND: Mueller/Meehlhause. To Waive the Reading and Adopt Resolution 8253, 16 a Resolution to Consider Approval of an On-Sale Intoxicating Liquor License for Moe’s, located 17 at 2400 County Road 10 contingent upon a satisfactory criminal background check. 18 19 Mayor Flaherty recommended the fee schedule for liquor licenses be reviewed in September to 20 ensure late fees were charged to cover staff time. 21 22 Ayes – 5 Nays – 0 Motion carried. 23 24 B. Ordinance 887 Second Reading & Adoption, Amending Chapter 1008 of the 25 Mounds View City Code Relating to Dynamic Display Signs. 26 27 Planning Associate Heller reviewed a proposed sign code amendment to Chapter 1008 of City 28 Code. She explained this section addresses dynamic display signs and the blending or movement 29 of the screen. She commented that the proposed amendment addressed the changing technology 30 available on dynamic display signs. It was noted dynamic signs would not be allowed to blink or 31 flash. She reviewed the language changes in detail and explained this Ordinance was introduced 32 by the Council at their May 27th meeting. Staff recommended the Council waive the second 33 reading and adopt Ordinance 887. 34 35 Mayor Flaherty questioned the timing of dynamic movements for these signs. Planning 36 Associate Heller stated four seconds would be required for each screen. 37 38 Council Member Mueller recommended that the City send a letter to local businesses with 39 dynamic signs notifying them of the Ordinance amendment. 40 41 MOTION/SECOND: Mueller/Gunn. To Waive the Second Reading and Adopt Ordinance 887, 42 Amending Chapter 1008 of the Mounds View City Code Relating to Dynamic Display Signs, and 43 direct staff to publish a summary. 44 45 Mounds View City Council June 9, 2014 Regular Meeting Page 3 Councilmember Meehlhause thanked staff and the Planning Commission for reviewing and 1 making a recommendation to the Council on this matter. 2 3 ROLL CALL: Gunn/Hull/Meehlhause/Mueller/ Flaherty. 4 5 Ayes – 5 Nays – 0 Motion carried. 6 7 C. Resolution 8266, Approving a Wetland Alteration Permit for the Longview 8 Estates Development. 9 10 Planning Associate Heller stated a wetland alteration permit was being requested for the 11 Longview Estates Development. She reviewed the request in detail with the Council and noted 12 the DNR and the Army Corp of Engineers support the plan. It was noted the Planning 13 Commission reviewed this request at their June 4th meeting and recommended approval of the 14 wetland alteration permit for Longview Estates. 15 16 Council Member Mueller discussed the testimony received from neighbors at the Planning 17 Commission meeting. She questioned if the water table would be at all impacted by the 18 proposed development. Planning Associate Heller reported the water table would not be 19 adversely impacted by Longview Estates. She noted the new stormwater pond would capture 20 additional runoff, which would benefit the entire neighborhood. 21 22 Mayor Flaherty stated the new curb and gutter would also benefit the homes along this street, 23 along with the existing catch basins. He questioned what assurances Mr. Harstad has made to the 24 City to ensure his development would not damage the new City streets. Planning Associate 25 Heller commented Mr. Harstad would have a financial guarantee in place with the City. 26 27 MOTION/SECOND: Meehlhause/Mueller. To Waive the Reading and Adopt Resolution 8266, 28 Approving a Wetland Alteration Permit for the Longview Estates Development. 29 30 Council Member Mueller reiterated that she was not affiliated with the property, the development 31 or the owner, even though the property was legally described as the Mueller Addition by Ramsey 32 County. 33 34 Ayes – 5 Nays – 0 Motion carried. 35 36 Planning Associate Heller reviewed the construction timeline with the Council. 37 38 Mayor Flaherty recommended the adjacent property owners be made aware of the proposed 39 timeline. He recommended staff also discuss the trucking schedule in further detail with Mr. 40 Harstad. 41 42 D. Resolution 8268, Accepting the Twin Cities Gateway 2014 Member City 43 Marketing Grant. 44 45 Mounds View City Council June 9, 2014 Regular Meeting Page 4 Assistant City Administrator Crane stated Mounds View has been a part of Twin Cities Gateway 1 since 2009. She noted the nine member cities received grants on an annual basis based on the 2 percentage of lodging taxes collected from the previous year. The grant awarded to the City of 3 Mounds View would be passed along to the Festival in the Park and totaled $6,512. Staff 4 recommended the Council accept the Twin Cities Gateway 2014 Member City Marketing Grant. 5 6 Mayor Flaherty was pleased that the grant amount awarded to the City each year was on the rise. 7 He saw this as a positive sign for the economy. 8 9 MOTION/SECOND: Gunn/Mueller. To Waive the Reading and Adopt Resolution 8268, 10 Accepting the Twin Cities Gateway 2014 Member City Marketing Grant. 11 12 Ayes – 5 Nays – 0 Motion carried. 13 14 E. Resolution 8267, Preliminary Assessment that the Comcast of Minnesota, 15 Inc. Cable Franchise Should Not be Renewed. 16 17 City Administrator Ericson stated the Comcast Cable Franchise was discussed at length by the 18 Council at a previous worksession meeting. He indicated documentation between NSCC and 19 Comcast has also been reviewed. He explained that NSCC was recommending the City not 20 renew the Comcast Cable Franchise at this time. A response was needed from the City of 21 Mounds View by June 20th. He noted Cor Wilson from NSCC, along with representatives from 22 Comcast were present this evening. 23 24 Cor Wilson, NSCC, discussed the formal negotiation process that has been pursued by NSCC 25 with Comcast through federal law. She indicated the proposed cable franchise from Comcast did 26 not meet the needs of the member communities. The shortcomings within the contract were 27 discussed at length. It was noted the number of channels would be reduced and only one HD 28 channel would be offered. She recommended preliminary denial of the cable franchise. Her 29 hope would be to formalize a contract with Comcast on an informal basis. 30 31 Mayor Flaherty understood the public cable channels would be reduced from eight to four. He 32 questioned how this reduction would impact the member cities. Ms. Wilson explained the 33 school districts used these channels for a great deal of programming, along with the cities. She 34 explained that each school district had their own channel at this time. She indicated the proposed 35 cutbacks would put a great deal of pressure on the City and school programming. She reported 36 that as more and more homeowners purchase HD televisions, the three SD channels that Comcast 37 was proposing to provide would be subpar. 38 39 Mayor Flaherty requested further information regarding the proposed connection fees. Ms. 40 Wilson stated the City of Mounds View would be charged $1,675.80 per month for each non-41 data connections to the Comcast network. She estimated that the City would pay $3,350.00 per 42 month for access to the local channels at City Hall and the Community Center. 43 44 Mayor Flaherty asked for additional information on the PEG fees. Ms. Wilson explained the 45 Mounds View City Council June 9, 2014 Regular Meeting Page 5 current PEG fees were at $4.15 per month. She reported that under federal law Comcast cannot 1 be required to pay operating expenses. However, capital expenses can be required to be covered 2 by Comcast at CTV and at the member cities. She indicated Comcast came in at a significantly 3 lower amount for equipment replacement than was estimated by NSCC. 4 5 Mayor Flaherty inquired what Comcast had proposed for PEG fees in the new contract. Ms. 6 Wilson stated Comcast was proposing to have the monthly PEG fees be 44 cents. 7 8 Mayor Flaherty asked what the 5% franchise fee covered. Ms. Wilson explained that this fee was 9 passed along to member cities and a small portion was contributed to the NSCC budget. These 10 funds could be used by member cities for cable equipment, cable staff and the production of City 11 meetings. 12 13 Council Member Hull questioned if any other member cities had not renewed the proposed cable 14 franchise. Ms. Wilson reported Lauderdale and St. Anthony have already preliminarily denied 15 the cable franchise. 16 17 Council Member Meehlhause requested further information on the non-data network fees. Ms. 18 Wilson stated public institutions (schools, libraries and City Halls) were currently allowed free 19 access to the Comcast network and could transmit local data back and forth. She indicated the 20 proposed Comcast cable franchise would eliminate this free access to the local institutional 21 network and each public institution would be charged $1,675.80 per month. 22 23 Council Member Meehlhause questioned who owned the local institutional network. Ms. Wilson 24 reported that Comcast technically owns the network and NSCC has access to the six fibers. She 25 stated a managed services proposal has been discussed with Comcast, but has yet to be 26 developed. 27 28 Mayor Flaherty reviewed the three sticking points at this time as being the reduced number of 29 local channels, the proposed monthly connection fees for institutional uses and the PEG fees. 30 31 Mike Logan, Comcast, thanked the Council for their time and expressed his interest in finding a 32 resolution to this matter. He commented the Council was voting to not renew the formal cable 33 franchise this evening, which was a legal course of action. He stated Comcast was prepared to 34 continue down this course and believed it had enough facts to take this matter to Federal Court. 35 36 Mr. Logan encouraged the Council to further review the NSCC’s transparency and inter-37 workings. He commented all local funding would end in November, if the contract was not 38 renewed. He reported the I-NET connectivity issue and number of cable channels should be able 39 to be resolved informally, but stated the PEG fees were extremely misaligned. He discussed how 40 operating fees should be covered outside of PEG fees. 41 42 Mayor Flaherty questioned how the cable franchise would proceed if Mounds View voted to not 43 renew. Ms. Logan discussed the formal process if all other member cities were to not renew. He 44 indicated that informal discussions would continue between NSCC and Comcast. 45 Mounds View City Council June 9, 2014 Regular Meeting Page 6 1 Mayor Flaherty questioned why Comcast was proposing 44 cents in PEG fees when Minneapolis 2 and Woodbury received over one dollar in PEG fees. Mr. Logan stated this was the offer being 3 made within the formal cable franchise. He noted the PEG fees continue to be discussed 4 informally. 5 6 Council Member Mueller saw the benefits of the monthly PEG fees from the local channels. She 7 questioned what benefit the residents would gain through the proposed connection fees 8 ($3,350/month). Mr. Logan stated all libraries and schools would continue to receive a free draw 9 from Comcast. He indicated Comcast owns this network and has invested $1.6 billion in the 10 metro area. He reported that Federal law does not require Comcast to maintain the network and 11 therefore Comcast was proposing to charge the member cities a fee for connectivity to assist with 12 the future maintenance of the network. 13 14 Council Member Mueller explained she was not a part of the negotiations 10 years ago with 15 Comcast. She questioned why the member cities would be charged connectivity fees when they 16 had provided Comcast with right-of-way for the installation of the network. Mr. Logan stated the 17 5% franchise fee compensated the member cities for use of the right-of-way. 18 19 Council Member Mueller commented that Comcast was requesting $1,675.80 per capita to 20 operate its services in the City of Mounds View. She reported she had a very difficult time 21 comprehending why the City would be charged a connectivity fee, when right-of-ways were 22 offered to Comcast, and for this reason she could not support the proposed cable franchise. 23 24 Council Member Meehlhause understood that Comcast customers assisted in paying for the 25 network. He indicated the Cities also contributed to the upgrades of the I-Net. He questioned 26 why Comcast was proposing to charge back connectivity fees to member cities. Mr. Logan 27 stated ultimately, the network belonged to Comcast and while customers assisted indirectly with 28 paying for the investments, the system was wholly owned and operated by Comcast. 29 30 Council Member Meehlhause reported franchise and PEG fees were not paid out by Comcast, but 31 rather, were pass through fees that did not impact Comcast’s bottom line. Mr. Logan explained 32 that franchise fees were impacting Comcast as it was making the company less competitive with 33 satellite vendors. 34 35 Council Member Meehlhause reviewed how funds had been used by CTV in the previous year 36 and questioned Comcast’s income in 2013. Mr. Logan stated he could not speak to this. 37 38 Council Member Meehlhause indicated Comcast generated $64.7 billion in revenue in 2013 and 39 had a cash flow of $8.5 billion. For this reason, he believed that Comcast could afford to be 40 publicly service conscience in the proposed cable franchise with Mounds View and its member 41 cities. 42 43 Council Member Hull questioned why the PEG fees were agreed to 10 years ago. Mr. Logan 44 commented that the PEG fees have increased over the past 10 years. Ms. Wilson stated in 2001 45 Mounds View City Council June 9, 2014 Regular Meeting Page 7 the PEG fees were at $3.75 and have increased to $4.15 after 13 years. She encouraged the 1 Council not blame PEG fees for customers dropping cable services. 2 3 Council Member Hull asked why Comcast agreed to these PEG fees 10 years ago. Mr. Logan 4 stated at the time, this was the price of entry and with the age of communication changing, the 5 rates no longer applied. He stated Comcast was not trying to make PEG go away, but rather, was 6 reframing how these channels were used and wanted to create greater efficiencies. 7 8 Mayor Flaherty inquired if the formal contract had an escalator built into the PEG fees or if these 9 would remain at 44 cents for the next 10 years. Mr. Logan stated an escalator was not built into 10 the PEG fees. 11 12 Council Member Gunn questioned what would happen to the formal cable franchise process if 13 the two parties were to agree on an informal contract. Mr. Logan explained that the formal 14 process would go away and the terms would be much healthier. 15 16 Mayor Flaherty encouraged Comcast to find a middle ground on this franchise with the member 17 cities. 18 19 MOTION/SECOND: Mueller/Meehlhause. To Waive the Reading and Adopt Resolution 8267, 20 Preliminary Assessment that the Comcast of Minnesota, Inc. Cable Franchise Should Not be 21 Renewed. 22 23 Ayes – 5 Nays – 0 Motion carried. 24 25 8. CONSENT AGENDA 26 A. Resolution 8269, Approving Mounds View Business Licenses. 27 B. Set a Public Hearing for Monday, June 23, 2014 at 7:00 p.m. for the 28 Consideration of a Preliminary Plat for a Major Subdivision at 8211 Red 29 Oak Drive. 30 C. Set a Public Hearing for Monday, July 14, 2014 at 7:00 p.m. to Consider and 31 Pass Upon Special Assessments for Unpaid Administrative Offense Citations, 32 Long Grass Mowing Charges, and Delinquent Utility Charges. 33 34 MOTION/SECOND: Gunn/Mueller. To Approve the Consent Agenda as presented. 35 36 Ayes – 5 Nays – 0 Motion carried. 37 38 9. JUST AND CORRECT CLAIMS 39 40 Finance Director Beer answered the Council's questions related to claims. 41 42 MOTION/SECOND: Gunn/Mueller. To Approve the Just and Correct Claims as presented. 43 44 Ayes – 5 Nays – 0 Motion carried. 45 Mounds View City Council June 9, 2014 Regular Meeting Page 8 1 10. APPROVAL OF MINUTES 2 3 None. 4 5 11. REPORTS 6 A. Reports of Mayor and Council. 7 8 Council Member Mueller indicated the Ramsey County League of Local Government would be 9 meeting on June 26, 2014 from 6:30-9:00 p.m. at the Union Depot building on the Third Floor. 10 The topic of discussion would be transportation connections between Minneapolis and St. Paul, 11 along with the Green Line. 12 13 Council Member Mueller noted she would be serving on the League of Minnesota Cities 14 Nominations Committee for the Board of Directors at the upcoming conference in St. Cloud. 15 16 Council Member Mueller stated the Festival in the Park Committee would meet again on June 17 17, 2014 at 7:00 p.m. at City Hall. She thanked the City Council for awarding the Twin Cities 18 Gateway grant to the Festival in the Park Committee. 19 20 Council Member Meehlhause stated he attended the TCAAP Demolition Celebration on June 6th, 21 which celebrated the demolition of Building 502. 22 23 Mayor Flaherty discussed the recent Employee Appreciation Luncheon and thanked Council 24 Member Mueller for filling in for him. 25 26 B. Reports of Staff. 27 1. Finance Quarterly Report 28 29 Finance Director Beer reviewed the 1st Quarter Financial Report with the Council. The revenues 30 and expenditures for the first quarter were reviewed, along with the activities at the Community 31 Center. The street and utility improvement fund balance was discussed. He indicated Area G 32 was being completed at this time. Staff reviewed local and State economic factors, noting the 33 economy was beginning to improve. He reported LGA was not expected to be reduced in 2014 34 or 2015. It was noted the 2013 audit was completed in the first quarter. 35 36 Mayor Flaherty questioned if City had budgeted to replace the cable equipment at City Hall. 37 Finance Director Beer explained staff has been working with CTV to draft a list of equipment 38 that needs to be replaced and would then be pricing these items out. 39 40 Council Member Mueller stated the Ralph Reeder Food Shelf was in need along with many of 41 the families in the community. She encouraged those willing and able to donate to the food 42 shelf. 43 44 Mounds View City Council June 9, 2014 Regular Meeting Page 9 C. Reports of City Attorney. 1 2 City Attorney Riggs had nothing additional to report. 3 4 12. Next Council Work Session: Monday, July 7, 2014, at 7:00 p.m. 5 Next Council Meeting: Monday, June 23, 2014, at 7:00 p.m. 6 7 13. ADJOURNMENT 8 9 The meeting was adjourned at 8:53 p.m. 10 11 Transcribed by: 12 13 Heidi Guenther 14 TimeSaver Off Site Secretarial, Inc. 15 PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1 CITY OF MOUNDS VIEW 2 RAMSEY COUNTY, MINNESOTA 3 4 Regular Meeting 5 June 23, 2014 6 Mounds View City Hall 7 2401 Highway 10, Mounds View, MN 55112 8 7:02 P.M. 9 10 11 1. MEETING IS CALLED TO ORDER 12 13 2. PLEDGE OF ALLEGIANCE 14 15 3. ROLL CALL: Flaherty, Gunn, Hull, Meehlhause, Mueller 16 17 NOT PRESENT: None. 18 19 4. APPROVAL OF AGENDA 20 A. Monday, June 23, 2014, City Council Agenda. 21 22 MOTION/SECOND: Mueller/Meehlhause. To Approve the Monday, June 23, 2014, agenda as 23 presented. 24 25 Ayes – 5 Nays – 0 Motion carried. 26 27 5. PUBLIC INPUT 28 29 None. 30 31 6. SPECIAL ORDER OF BUSINESS 32 A. Public Information Meeting for Stormwater Pollution Prevention Program 33 (SWPPP) 34 35 Public Works Director DeBar explained the Stormwater Pollution Prevention Program (SWPPP) 36 public informational meeting was a State mandate. He provided the Council with an overview of 37 the City’s 2013 SWPPP activities. He explained the City was issued a new MS4 permit in 2013. 38 Staff asked for comments or questions. 39 40 Council Member Gunn questioned how the City would monitor its phosphorous runoff. Public 41 Works Director DeBar explained that calculations have been taken on the City’s current storm 42 water runoff and measurements have been deemed from these calculations. 43 44 Mounds View City Council June 23, 2014 Regular Meeting Page 2 Council Member Mueller asked how many rain gardens the City had after completing the street 1 improvement plan. Public Works Director DeBar estimated the City now had somewhere 2 between 300 and 400 rain gardens. 3 4 Council Member Meehlhause questioned how the City would be punished if it were to exceed its 5 phosphorous limits. Public Works Director DeBar stated a notice of violation would be sent and 6 the City would be asked to prevent this in the future. 7 8 Mayor Flaherty thanked Public Works Director DeBar for this report. 9 10 7. COUNCIL BUSINESS 11 A. 7:00 p.m. Public Hearing, Consideration of a Preliminary Plat for a 5-Lot 12 Subdivision at 8211 Red Oak Drive. 13 14 City Administrator Ericson explained the Council was being requested to consider a preliminary 15 plat for a 5-lot subdivision for the property at 8211 Red Oak Drive. He reported a public hearing 16 notice had been published by staff. It was noted action could not be taken on this item, as a 17 comprehensive plan amendment would be needed before this item could proceed. Staff 18 recommended the Council open the public hearing and continue this item to the July 14, 2014 19 Council meeting. 20 21 Mayor Flaherty opened the public hearing at 7:27 p.m. 22 23 Mayor Flaherty questioned if any variances would be necessary. City Administrator Ericson did 24 not anticipate that any variances would be required for the subdivision. 25 Council Member Mueller requested and received confirmation of the property location as owned 26 by Abiding Savior church. 27 MOTION/SECOND: Mueller/Gunn. To continue the public hearing on this item to the July 14, 28 2014 City Council meeting. 29 30 Ayes – 5 Nays – 0 Motion carried. 31 32 B. Resolution 8270, Approving Revisions to the Economic Development 33 Specialist Position Description and Authorizing the Posting of the Available 34 Part-Time Position. 35 36 City Administrator Ericson reviewed the revised Economic Development Specialist job 37 description and position requirements with the Council. After discussions with the Economic 38 Development Commission, the position has been renamed Business Development Coordinator. 39 He requested the Council review the job description and responsibilities; and authorize the 40 posting of the part-time position. 41 42 MOTION/SECOND: Gunn/Meehlhause. To Waive the Reading and Adopt Resolution 8270, 43 Approving Revisions to the Economic Development Specialist Position Description and 44 Authorizing the Posting of the Available Part-Time Position. 45 Mounds View City Council June 23, 2014 Regular Meeting Page 3 1 Mayor Flaherty asked how attractive this position would be given the fact it was part-time. City 2 Administrator Ericson commented over 20 people applied for the previous posting. For this 3 reason, he believed the City would again receive a number of qualified candidates for the 4 Business Development Coordinator position. 5 6 Ayes – 5 Nays – 0 Motion carried. 7 8 C. Resolution 8272, Approving the 2014 Festival in the Park Contract. 9 10 City Administrator Ericson reviewed the 2014 Festival in the Park Contract in detail with the 11 Council and recommended approval. It was noted this year’s Festival in the Park would be held 12 on August 16th. 13 14 Council Member Mueller asked how long Theresa Cermak has been the president of the Festival 15 in the Park. Theresa Cermak, President of the Festival in the Park, explained she has served as 16 the president for the past ten to fifteen years and has been on the committee for the past 21 years. 17 18 Council Member Mueller thanked Ms. Cermak for her service to the community. She then 19 requested further information on how the Festival Committee funded the event. Ms. Cermak 20 explained the committee had been fundraising and received a grant from Twin Cities Gateway to 21 assist in covering the expenses for the Festival. 22 23 Council Member Mueller indicated she had a check from the Win Insurance Agency to be used 24 for car show trophies in the amount of $150. 25 26 Council Member Meehlhause questioned if additional picnic tables should be planned for the 27 beer garden area. Ms. Cermak commented that this was being investigated. 28 29 Council Member Gunn noted the City had budgeted $4,500 for Festival in the Park to cover staff 30 time. 31 32 Mayor Flaherty requested further information on this year’s theme for Festival in the Park. Ms. 33 Cermak explained the Festival would be Elvis themed as this year’s event fell on the anniversary 34 of his death. 35 36 Mayor Flaherty thanked Ms. Cermak for her dedication to the Festival, along with everyone 37 serving on the Festival in the Park Committee. 38 39 MOTION/SECOND: Mueller/Gunn. To Waive the Reading and Adopt Resolution 8272, 40 Approving the 2014 Festival in the Park Contract. 41 42 Ayes – 5 Nays – 0 Motion carried. 43 Mounds View City Council June 23, 2014 Regular Meeting Page 4 1 D. Resolution 8271, Adopting the Reporting Performance Measures. 2 3 Finance Director Beer discussed a legislature change to standard reporting performance measures 4 with the Council. He noted the City would be receiving 14 cents per capita or $1,700 as a part of 5 the program. He commented the new standards require the City adopt a Resolution for the 6 Reporting Performance Measures. 7 8 Council Member Mueller was proud of the Mounds View Police response times as shown on the 9 performance measures. 10 11 Mayor Flaherty agreed and discussed the Fire Department response times in further detail. 12 13 MOTION/SECOND: Mueller/Meehlhause. To Waive the Reading and Adopt Resolution 8271, 14 Adopting the Reporting Performance Measures. 15 16 Ayes – 5 Nays – 0 Motion carried. 17 18 E. Resolution 8273, Approving a Service Contract for HVAC Equipment 19 Maintenance with Trane. 20 21 Public Works Director DeBar stated the City owns and operates 13 buildings with HVAC units. 22 The City Hall and Community Center had the most complicated units. He indicated these units 23 required preventative maintenance and were operated by the building automation system. He 24 commented that the City did not have personnel qualified to maintain these units and for this 25 reason, a service contract was being recommended. He discussed the success the City has had 26 with Trane in the past. Staff recommended that the Council approve a five-year service contract 27 for HVAC equipment maintenance with Trane. The expense of the yearly contract was reviewed 28 in detail with the Council. 29 30 Council Member Hull questioned if Architect Mechanical, Inc., had submitted a bid for services. 31 Public Works Director DeBar stated this has not been completed. He commented that staff has 32 had better luck with the representatives from Trane than from Architect Mechanical, Inc. 33 34 City Administrator Ericson recommended a language change to the Resolution based on City 35 Charter. 36 37 MOTION/SECOND: Meehlhause/Hull. To Waive the Reading and Adopt Resolution 8273, 38 Approving a Service Contract for HVAC Equipment Maintenance with Trane, as amended by 39 staff. 40 41 Ayes – 5 Nays – 0 Motion carried. 42 43 Mounds View City Council June 23, 2014 Regular Meeting Page 5 8. CONSENT AGENDA 1 A. Set a Public Hearing for Monday, July 14, 2014, at 7:00 p.m. to Consider a 2 Preliminary Plat and a Comprehensive Plan Map Amendment for a 5-lot 3 Subdivision at 8211 Red Oak Drive. 4 5 MOTION/SECOND: Mueller/Meehlhause. To Approve the Consent Agenda as presented. 6 7 Ayes – 5 Nays – 0 Motion carried. 8 9 9. JUST AND CORRECT CLAIMS 10 11 Finance Director Beer answered the Council's questions related to claims. 12 13 MOTION/SECOND: Mueller/Hull. To Approve the Just and Correct Claims as presented. 14 15 Ayes – 5 Nays – 0 Motion carried. 16 17 10. APPROVAL OF MINUTES 18 19 None. 20 21 11. REPORTS 22 A. Reports of Mayor and Council. 23 24 Council Member Gunn provided comment on the League of Minnesota Cities Conference and 25 discussed the seminars she attended. She looked forward to discussing the information she 26 gathered at a future work session meeting. 27 28 Council Member Mueller indicated she also attended the League of Minnesota Cities 29 Conference. She provided comment on her actions as a member of the Board of Directors. She 30 further explained the conferences she attended. 31 32 Council Member Mueller stated the Festival in the Park Committee would be meeting again on 33 July 15th at City Hall at 7:00 p.m. She indicated the committee was still seeking volunteers for 34 this year’s event. 35 36 Council Member Hull explained he attended the League of Minnesota Cities Conference as well 37 and reviewed the seminars he participated in. 38 39 Council Member Meehlhause noted he attended the League of Minnesota Cities Conference 40 noting he participated in a round table discussion on volunteerism. He appreciated the 41 conversations he had with fellow Councilmembers. He discussed the potential of Mounds View 42 becoming a GreenStep Community. 43 44 Mayor Flaherty indicated he received two calls from residents regarding water concerns. 45 Mounds View City Council June 23, 2014 Regular Meeting Page 6 1 Council Member Mueller congratulated Assistant City Administrator Crane for being elected to 2 the Board of Directors of the Minnesota Women in City Government. 3 4 Mayor Flaherty wished everyone a happy and safe 4th of July. 5 6 B. Reports of Staff. 7 8 City Administrator Ericson stated he attended a meeting on June 23rd with neighboring City 9 Managers and representatives from Ramsey County. The group discussed changes being made 10 by the district court related to court calendar scheduling which would improve efficiencies but 11 would increase overall expenses. Further discussion ensued regarding the new court scheduling 12 process. He commented he would report back to the Council with additional information at a 13 future meeting. 14 15 Finance Director Beer stated the City’s Bond Counsel, Jenny Boulton of Kennedy and Graven, 16 has made the City aware of a senior housing project in Minneapolis that would require conduit 17 debt. He reported Mounds View would receive a 1% fee for administering the debt. He asked if 18 the Council was interested in administering the debt for this project. The Council supported 19 providing conduit debt for this project in the amount of $8 million. 20 21 C. Reports of City Attorney. 22 23 City Attorney Riggs had nothing additional to report. 24 25 12. Next Council Work Session: Monday, July 7, 2014, at 7:00 p.m. 26 Next Council Meeting: Monday, July 14, 2014, at 7:00 p.m. 27 28 13. ADJOURNMENT 29 30 The meeting was adjourned at 9:00 p.m. 31 32 Transcribed by: 33 34 Heidi Guenther 35 TimeSaver Off Site Secretarial, Inc. 36