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HomeMy WebLinkAboutAgenda Packets - 2011/09/12CITY OF MOUNDS VIEW CITY COUNCIL MEETING AGENDA MOUNDS VIEW CITY HALL Monday, September 12, 2011 7:00 p.m. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Flaherty, Stigney, Hull, Mueller, Gunn 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. Car Show Trophy Presentation – Carol Mueller 7. COUNCIL BUSINESS A. Public Hearing 7:05pm to Consider Resolution 7826, an On-Sale Intoxicating Liquor License and Restaurant License for El Loro Mexican Restaurant located at 2535 County Highway 10 in Mounds View B. Second Reading and Adoption of Ordinance 861, Amending Titles 1000, 1100 and 1200 about Variances (ROLL CALL VOTE) C. Resolution 7825, a Resolution Authorizing the Hire of Neil Hiatt, Public W orks Sanitary Sewer Maintenance Worker D. Resolution 7821, a Resolution in Support of a Proposed Vikings Stadium in Arden Hills E. Resolution 7822 Authorizing Certification of the Preliminary General Fund Budget and Property Tax Levy for Fiscal Year 2012 F. Resolution 7823 Establishing Public Hearing Dates for the Proposed General Fund Budget and Property Tax Levy for Fiscal Year 2012 G. Resolution 7824 Closing Funds, Reclassifying a Fund, and Committing General Fund Balance for Future Levy Reduction and Stabilization H. Resolution 7827 Approving the Terms of Sale of the General Obligation Equipment Certificates of Indebtedness, Series 2011B to be Issued by the City of Blaine, Minnesota I. First Reading and Introduction of Ordinance 860, an Ordinance Revising Title 1200 of the Mounds View City Code relating to Subdivisions of Land City Council Agenda Monday, September 12, 2011 Page 2 8. CONSENT AGENDA A. Set a Public Hearing for Monday, September 26, 2011 at 7:05pm for the Second Reading and Adoption of Ordinance 860, Amending Title 1200 of the Mounds View City Code Relating to the Review and Recordation of Plats and Minor Subdivisions and Plat Dedication Requirements and Amending Appendix E, Minimum Planning and Development Fees. B. Resolution 7828, Approving an Agreement with Ramsey County for Maintenance of Traffic Control Signals and EVP System at the Intersection of Silver Lake Road and County Road H. 9. JUST AND CORRECT CLAIMS 10. APPROVAL OF MINUTES A. July 25, 2011, City Council Minutes B. August 8, 2011, City Council Minutes C. August 22, 2011, Executive Session Minutes 11. REPORTS A. Reports of Mayor and Council B. Reports of Staff C. Reports of City Attorney 12. Next Council Work Session: Monday, October 3, 2011, at 7pm Next Council Meeting: Monday, September 26, 2011, at 7pm 13. ADJOURNMENT Item No: 07A Meeting Date: September 12, 2011 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: Public Hearing, Resolution 7826, an On-Sale Intoxicating Liquor License and Restaurant License for El Loro Mexican Restaurant located at 2535 County Highway 10 Background: In accordance with Chapter 502 of the Mounds View City Code, a public hearing is required for all liquor licenses. El Loro Mexican Restaurant will be located at 2535 County Highway 10 (where Totino’s Italian Kitchen was located). El Loro is also requesting a Restaurant license. El Loro Mexican Restaurant is scheduled to open in mid-October. Discussion: The notice of this public hearing was sent out to residences within a 350 feet radius, and the Notice of Public Hearing was published in the City’s official newspaper. Property taxes on this property are current. El Loro submitted all required City liquor and restaurant license application materials and fees. The following investigations and inspections have been conducted to determine whether there is cause for the City to deny the applications: Police Inquiry and Investigations Staff has received a satisfactory background check from the Minnesota Department of Criminal Apprehension. City Billing Finance Department has issued a satisfactory report for 2535 County Highway 10. Fire Inspection (Mounds View Fire Marshal) The City’s Fire Marshal has not inspected the property. These licenses will be contingent on a satisfactory fire inspection. Item 07A September 12, 2011, City Council Meeting Page 2 Recommendation: Staff recommends approving Resolution 7826, approving an On-Sale Intoxicating Liquor and Restaurant license for El Loro Mexican Restaurant located at 2535 County Highway 10 in Mounds View contingent on a satisfactory fire inspection. The owner, Ruben Arellano, will be present at this Public Hearing to answer any questions. Respectfully Submitted, ___________________________ Desaree Crane RESOLUTION 7826 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA A Resolution to Consider an On-Sale Intoxicating Liquor and Restaurant License for El Loro Mexican Restaurant located at 2535 County Highway 10 WHEREAS, in accordance with Chapter 502 of the Mounds View City Code, a public hearing is required for all liquor licenses; and WHEREAS, El Loro Mexican Restaurant will be located at 2535 County Highway 10 in Mounds View; and WHEREAS, El Loro Mexican Restaurant is requesting an On-Sale Intoxicating Liquor and Restaurant License; and WHEREAS, all City of Mounds View business licenses must be approved by the City Council; and WHEREAS, staff recommends approval of El Loro Mexican Restaurant’s On-Sale Intoxicating Liquor and Restaurant License pending a satisfactory fire inspection. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does hereby approve an On-Sale Intoxicating Liquor and Restaurant License for El Loro Mexican Restaurant for the period of October 1, 2011 to June 30, 2012, pending a satisfactory fire inspection from the Mounds View Fire Marshal. Adopted this 12th day of September, 2011. ____________________________________ Joe Flaherty, Mayor ATTEST: ____________________________________ James Ericson, City Administrator (seal) Item No: 7B Meeting Date: September 12, 2011 Type of Business: Action Administrator Review: ________ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Heidi Heller, Planning Associate Item Title/Subject: Second Reading and Adoption of Ordinance 861, Code Amendments to Update Variance Language (ROLL CALL VOTE) Introduction: In May 2011, Governor Dayton signed the state code changes made by the Minnesota Legislature about the wording used for variances. The Mounds View City Attorney has recommended that the City amend the City Code and Zoning Code to be consistent with the updated state language. Discussion: During the 2011 Legislative Session, a proposal to change state code language regarding variances was proposed by the League of Minnesota Cities and supported by many cities in Minnesota. These changes were proposed after a ruling about a variance case was made by the Minnesota Supreme Court. A few years ago, the City of Minnetonka approved a variance and an opposing neighbor sued the city. The lower courts all ruled in favor of the City, but the neighbor was adamantly against the variance and appealed the case all the way to the Minnesota State Supreme Court. The Supreme Court made a surprising ruling stating that the City was in error and should not have approved the variance based on the literal interpretation of the variance language. The Supreme Court specifically referred to the meaning of the word “hardship.” The primary change to the variance language is removing the word “hardship,” and replacing it with “practical difficulty.” Staff requests that the City Council see attached Ordinance 861 to review the proposed language change. The changes are indicated by deleting the stricken language and adding the underlined text. Recommendation: Approve the second reading and adoption of Ordinance 861, an Ordinance amending Title 1100, Chapters 1102 and 1125 of the Mounds View Zoning Code, and amending Title 1000, Chapter 1008 and Title 1200, Chapter 1205 of the Mounds View City Code about variances. Staff also recommends the Council consent to the publication of a summary of the ordinance as authorized by City Charter section 3.07. Respectfully submitted, Heidi Heller Planning Associate ORDINANCE 861 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING TITLE 1100, CHAPTERS 1102 AND 1125 OF THE MOUNDS VIEW ZONING CODE AND AMENDING TITLE 1000, CHAPTER 1008 AND TITLE 1200, CHAPTER 1205 OF THE MOUNDS VIEW CITY CODE REGARDING VARIANCES The City of Mounds View ordains: SECTION 1. The Mounds View City Council hereby amends Title 1100, Chapter 1102, Section 1102.02, subdivision 124 of the Mounds View Zoning Code about Variances by deleting the stricken language and adding the underlined text as follows: Title 1100, Chapter 1102, Section 1102.02, subdivision 124 of the Mounds View Zoning Code: Subd. 124. VARIANCE. The waiving by Board action of the literal provisions of the Zoning Code in instances where their strict enforcement would cause undue hardship practical difficulties because of physical unique circumstances unique related to the individual property under consideration. SECTION 2. The Mounds View City Council hereby amends Title 1100, Chapter 1125, Section 1125.02, subdivisions 2 and 6 of the Mounds View Zoning Code about Variances by deleting the stricken language and adding the underlined text as follows: Title 1100, Chapter 1125, Section 1125.02, subdivisions 2 and 6 of the Mounds View Zoning Code: Subd. 2. Criteria for Granting Variances: A variance to the provisions of the Zoning Code may be issued by the Board of Adjustment and Appeals, or in the case of an administrative variance, by the Director of Community Development as explained in Section 1125.02, subdivision 6, to provide relief to the landowner in those cases where the Code imposes undue hardship or practical difficulties to the property owner in the use of the property owner’s land. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. No use variances may shall be issued granted that would allow any use that is not allowed in the zoning district in which the subject property is located. A variance may be granted only in the event that all of the following circumstances exist: Ordinance 861 Page 2 a. Exceptional or extraordinary circumstances apply to the properties which do not apply generally to other properties in the same zone or vicinity and result from lot size or shape, topography or other circumstances over which the owners of the property since the effective date hereof have had no control The variance is in harmony with the general purposes and intent of this Title. b. The literal interpretation of the provisions of this Title would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Title The variance is consistent with the comprehensive plan. c. That the special conditions or circumstances do not result from the actions of the applicant The applicant proposes to use the property in a reasonable manner not permitted by this Title or the City Code. d. That granting the variance requested will not confer on the applicant any special privilege that is denied by this Title to owners of other lands, structures or buildings in the same district. Unique circumstances apply to the property which do not apply to other properties in the same zone or vicinity and result from lot size or shape, topography or other circumstances over which the owner of the property since the enactment of this Title has had no control. The unique circumstances do not result from the actions of the applicant. e. That the variance requested is the minimum variance which would alleviate the hardship. Economic conditions alone shall not be considered a hardship The variance does not alter the essential character of the neighborhood. f. The variance would not be materially detrimental to the purpose of this Title or to other property in the same zone. The variance requested is the minimum variance which would alleviate the practical difficulties. Economic conditions alone do not constitute practical difficulties. g. The proposed variance will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood. The Board of Adjustment and Appeals may impose such restrictions and conditions upon the premises benefited by a variance as may be necessary to comply with the standards established by this Title or to reduce or minimize the effect of such variance upon other properties in the neighborhood and to better carry out the intent of the variance. The condition must be directly related to and must bear a rough proportionality to the impact created by the variance. Ordinance 861 Page 3 Subd. 6. Administrative Variance Process: a. Types: Property owners seeking relief from the Zoning Code may request an administrative variance, provided that the property is zoned R-1 or R-2 and either of the following is applicable: (1) The request concerns setbacks; the variance amount is within twenty-five percent (25%) of code requirements; and approval of the variance does not result in a setback of less than five feet (5’); and (2) tThe request is related to a pre-existing, non-conforming driveway or curb cut. b. Review Procedures: The Director of Community Development will review administrative variance requests. In order to be approved, the variance request must meet the hardship criteria as stated in Section 1125.02, Subdivision 2. If hardship is evident all of the criteria are met and approval is granted, the adjacent property owners must be notified by mail of the preliminary approval and allowed ten (10) days to respond to the decision. Absent any opposition from adjacent property owners, the Planning Commission shall review the administrative variance request at the following regularly scheduled meeting. c. Denial and Appeals: If the Director chooses to deny a request, or if either the adjacent neighbors or the Planning Commission disagrees with administrative approval of a variance request, the request is denied administratively and the applicant may choose to request a formal variance from the Planning Commission. d. Fees: Administrative variance fees are set according to the fee schedule adopted by City Council resolution. SECTION 3. The Mounds View City Council hereby amends Title 1000, Chapter 1008, Section 1008.16, subdivision 1 of the Mounds View Zoning Code about Variances by deleting the stricken language and adding the underlined text as follows: Title 1000, Chapter 1008, Section 1008.16, subdivision 1 of the Mounds View City Code: Subd. 1. A variance to the provisions of Chapter 1008 may be considered by the Board of Adjustment and Appeals to provide relief to the landowner in those cases where the Code imposes undue hardship or practical difficulties to the property owner. Applications shall be submitted and reviewed in the same manner as indicated in Chapter 1125 of the Mounds View Zoning Code. Ordinance 861 Page 4 SECTION 4. The Mounds View City Council hereby amends Title 1200, Chapter 1205, Section 1205.02 of the Mounds View Zoning Code about Variances by deleting the stricken language and adding the underlined text as follows: Title 1200, Chapter 1205, Section 1205.02 of the Mounds City Code: 1205.02: VARIANCES: The Council may grant a variance of these subdivision regulations in any particular case where the subdivider can show that, by reason of exceptional topography or other physical conditions unique circumstances relating to a specific lot, the strict compliance with these regulations could cause an exceptional and undue imposes unusual hardship on the enjoyment of a substantial property right; provided, such relief may be granted without detriment to the public welfare and without impairing the intent and purpose of this Chapter. to the subdivider in the use of his or her land. Unusual hardship includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. A variance may be granted only if the Council finds that all of the following circumstances exist: Subd. 1. The variance is in harmony with the general purposes and intent of these regulations. Subd. 2. The variance is consistent with the Comprehensive Plan. Subd. 3. The subdivider proposes to use the property in a reasonable manner not permitted by these regulations or the City Zoning Ordinance. Subd. 4. Unique circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity and result from lot size or shape, topography or other circumstances over which the owner of the property since the enactment of these regulations has had no control. That the unique circumstances do not result from the actions of the applicant. Subd. 5. The variance does not alter the essential character of the neighborhood. Subd. 6. That the variance requested is the minimum variance which would alleviate the unusual hardship. Economic conditions alone do not constitute unusual hardship. Subd. 7. The Council may impose such conditions upon the premises benefited by the variance, as may be necessary to comply with the standards established by this section or to reduce or minimize the effect of such variance upon other properties in the neighborhood, and to better carry out the intent of the variance. The condition must be directly related to and must bear a rough proportionality to the impact created by the variance. Ordinance 861 Page 5 SECTION 5. 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 September 12, 2011, the City Council adopted Ordinance 861 that amends Chapters 1102 and 1125 of the Mounds View Municipal Zoning Code and amends Title 1000, Chapter 1008 and Title 1200, Chapter 1205 of the Mounds View City Code about Variances. The adopted amendments will make the City’s Zoning and City Code consistent with the 2011 amendments to the Minnesota State Code. 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 6. This ordinance takes effect 30 days after its publication in the official City newspaper. PUBLIC HEARING, INTRODUCTION AND FIRST READING by the Mounds View City Council this 22nd day of August, 2011. SECOND READING AND ADOPTION by the Mounds View City Council this 12th day of September, 2011. PUBLICATION DATE: September 22, 2011 _____________________________________ Joe Flaherty, Mayor ATTEST: _____________________________________ James Ericson, City Administrator (seal) Item No: 07C Meeting Date: September 12, 2011 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 7825, Approving the Hire of Neil Hiatt to the Position of Sanitary Sewer Maintenance Worker in the Public Works Department Background: Nate Behlen, Public Works Sanitary Sewer Maintenance Worker, resigned effective July 13, 2011. At the July, 11, 2011, City Council Meeting, the City Council authorized Staff to start the process of advertising and filling the position. Discussion: Staff advertised the opening on the City’s website, the League of MN Cities website, and with the StarTribune. Staff received over eighty (80) applications, and interviewed six (6) candidates. The panel consisted of Public Works Supervisor Don Peterson and me. Second interviews were also conducted by the Public Works Director. It was the consensus of Staff to recommend Neil Hiatt to the position of Public Works Sewer Maintenance Worker. Mr. Hiatt currently works for the City of Bemidji as a Utility Operator I in the Public Works Department. Mr. Hiatt holds a Commercial Driver’s License (CDL), and a Class C W ater License and a Class D Wastewater License. Mr. Hiatt has also worked in the Public Works Department for the cities of Welcome and Granada, Minnesota. In addition, Mr. Hiatt has experience in snowplowing and street sweeping. Mr. Hiatt, if hired, would be a member of the Public Works Collective Bargaining Unit. Mr. Hiatt would be subject to the established job classification system with regard to the pay scale. Based on the criteria set forth by the Public Works Collective Bargaining Unit Labor Agreement, Mr. Hiatt would qualify for Level A pay scale, which is currently established at $21.66 per hour. Progressing to Level B, then C in the future will be based on Mr. Hiatt’s ability to meet the criteria established by the Labor Agreement. Also in accordance with the Public Works Labor Agreement, Mr. Hiatt would be subject to a twelve-month probationary period. Mr. Hiatt would begin employment on or about Monday, October 3, 2011. Reference checks and background checks are complete and satisfactory. Mr. Hiatt’s appointment would be contingent on a satisfactory drug screening and fitness for duty testing. Mr. Hiatt’s drug screening and fitness for duty test is scheduled for Friday, September 9, 2011. Item 07C September 12, 2011, City Council Meeting Page 2 Recommendation: Staff recommends the City Council adopt Resolution 7825, a resolution approving the hire of Neil Hiatt to the position of Sanitary Sewer Maintenance Worker in the Public Works Department, contingent on a satisfactory drug screening and fitness for duty test. Respectfully submitted, ________________________ Desaree Crane RESOLUTION NO. 7825 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA A Resolution Approving the Hire of Neil Hiatt to the Position of Sanitary Sewer Maintenance Worker in the Public Works Department WHEREAS, upon direction from the Mounds View City Council, the Sanitary Sewer Maintenance Worker position was advertised; and WHEREAS, over eighty (80) applications were received for the position and six (6) were chosen for interview; and, WHEREAS, Mr. Neil Hiatt’s skills and experience were determined to most closely match the duties and responsibilities as outlined in the job description; and WHEREAS, Mr. Hiatt’s criminal background, driver’s license and reference checks are complete and satisfactory; and WHEREAS, Mr. Hiatt will be a member of the Public Works Collective Bargaining Unit, and would be subject to the established job classification system with regard to the pay scale as set forth in the Public Works Labor Agreement, and WHEREAS, Mr. Hiatt qualifies for Level A pay scale based on the criteria set forth by the Public Works Collective Bargaining Labor Agreement, which is currently established at $21.66 per hour; and WHEREAS, Mr. Hiatt would begin employment on or about Monday, October 3, 2011; and WHEREAS, Mr. Hiatt would be subject to a twelve month probationary period as stated in the Public Works Labor Agreement; and WHEREAS, Mr. Hiatt’s employment with the City would be contingent on a satisfactory drug screening and fitness for duty test. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council appoints Neil Hiatt to the position of Public Works Sewer Maintenance Worker with employment to commence on or about October 3, 2011. BE IT FINALLY RESOLVED that the City Council does hereby approve the hire of Neil Hiatt to the full-time position of Public Works Sanitary Sewer Maintenance Worker of the Public Works Department at Level A of the pay scale (currently $21.66/hour) in accordance with the Public Works Collective Bargaining Labor Agreement. Resolution 7825 Page 2 Adopted this 12th day of September, 2011. Joe Flaherty, Mayor ATTEST: James Ericson, City Administrator (SEAL) Item No: 7D Meeting Date: Sept 12, 2011 Type of Business: Council Business City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, City Administrator Item Title/Subject: Consideration of Resolution 7821, a Resolution Supporting a Proposed Vikings Football Stadium in Arden Hills Introduction: The City Council has been asked by Ramsey County Commissioner Tony Bennett to formally weigh in on the matter concerning a proposed stadium development to be located on the TCAAP property in Arden Hills. Discussion: The Twin Cities Army Ammunition Plant (TCAAP) property has been discussed for redevelopment for decades, with many plans and visions considered over the years. The City of Mounds View, given its proximity to the site, has always maintained its desire to be part of the planning process, especially when said redevelopment will necessitate substantial transportation and utility infrastructure work directly impacting the City. It is presumed that the development of the property--whether it be mixed use, stadium, corporate office campus, casino, racetrack or some other significant endeavor—would promote a heightened awareness of this area, create jobs and drive economic development activity, potentially creating peripheral development and redevelopment opportunities in Mounds View. However with a project of this magnitude being considered, there are concerns that need to be addressed, and the City has communicated its concerns about potential traffic, noise, impact to property values, crime statistics, infrastructure and environmental issues to the Ramsey County Board of Commissioners in June of this year. The County provided the attached response dated August 17, 2011. The City Council began discussing a proposed resolution in support of the stadium on August 22, 2011, ultimately deciding to postpone consideration until September 12, 2011 to allow for public input and greater transparency. Recommendation: Resolution 7821, a resolution supporting a stadium development on the TCAAP property in Arden Hills, is attached for the City Council’s consideration. Should the resolution be approved, it would be forwarded to the Ramsey County Board of Commissioners, the City of Arden Hills, and any other interested party. Respectfully submitted, ________________________ James Ericson City Administrator RESOLUTION 7821 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION SUPPORTING THE CONSTRUCTION OF A VIKINGS STADIUM IN ARDEN HILLS WHEREAS, the Mounds View City Council recognizes the social and economic value of the Minnesota Vikings Football Team to the State of Minnesota; and, WHEREAS, the Mounds View City Council acknowledges the importance of finding a solution to the Vikings' stated interest in developing a new stadium; and, WHEREAS, a proposal has been put forth by the Minnesota Vikings and the Ramsey County Board of Commissioners to construct a new stadium in Arden Hills on the site of the former Twin Cities Army Ammunitions Plant (TCAAP); and, WHEREAS, private development and redevelopment of nearby properties, both on the TCAAP site and across the northern suburbs, will generate new jobs and ongoing positive economic impacts for the region; and, WHEREAS, much needed transportation infrastructure improvements would be a part of the project; and, WHEREAS, the redevelopment of the TCAAP site has been an important priority for northern metro communities for decades; and, WHEREAS, as the local partner, the Ramsey County Board of Commissioners has proposed the imposition of a 0.5% county-wide sales tax increase to help fund the development. NOW THEREFORE, BE IT RESOLVED, that the Mounds View City Council supports the construction of a new Vikings stadium in Arden Hills. NOW THEREFORE, BE IT FURTHER RESOLVED, that the Mounds View City Council encourages the Governor, the Legislature and other interested parties to support this project. NOW THEREFORE, BE IT FINALLY RESOLVED, that the Mounds View City Council strongly encourages the parties involved to explore and pursue financing options for stadium construction that (1) limits the level of public subsidy and (2) promotes a fair, multi-jurisdictional approach for this state-wide amenity. Adopted this 12th day of September, 2011. _____________________________ Joe Flaherty, Mayor ATTEST: _____________________________ James Ericson, City Administrator (seal) Item No: 7I Meeting Date: Sept 12, 2011 Type of Business: Council Business City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, City Administrator Item Title/Subject: First Reading and Introduction of Ordinance 860, an Ordinance Revising Title 1200 of the Mounds View City Code relating to Subdivisions of Land Introduction: The City Council directed staff to review the subdivision regulations and propose new language to address repeated major subdivision reapprovals. Staff had suggested two primary changes--extending the amount of time within which a plat would need to be recorded from two months to six months, and, implementing a plat reapproval fee, both of which the Council supported. Staff asked the City Attorney to review the subdivision regulations and to propose any additional revisions that may be necessary. These changes were reviewed by the City Council on September 6, 2011. Discussion: The first few changes proposed are needed to bring the Code current and to be consistent with State law. The Code would be updated to provide plats and minor subdivisions (certificates of survey) the same extended recording timeframe allowance of six months. In both cases, a reference is added to a new “reapproval fee” as specified in Appendix E. The Code is also proposed to be revised to include a requirement for the subdivider to provide a title commitment or title opinion as part of the application. The Attorney recommends substantial revision to the park dedication requirements to ensure consistency with state law. Finally, the ordinance specifies the amount of the plat and minor subdivision reapproval fee in the amounts of $100 and $50, respectively. Recommendation: The proposed revisions have been prepared by the City Attorney to address the City Council’s desire to extend the timeframe by which plats and subdivisions are recorded, and at the same time, to institute a plat and subdivision reapproval fee. In addition, the City Attorney is proposing other changes to bring the subdivision regulations current and consistent with state law. The public hearing, second reading and adoption of the ordinance is scheduled for September 26, 2011. Respectfully submitted, ________________________ James Ericson City Administrator Item No: 8B Meeting Date: August 8, 2011 Type of Business: Consent Agenda Administrator Review: ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Nick DeBar, Public Works Director Item Title/Subject: Resolution 7828, Approving an Agreement with Ramsey County and New Brighton for Maintenance of Traffic Control Signals and EVP System at the Intersection of Silver Lake Road and County Road H Background: Discussion of a proposal to install a traffic control signal at the intersection of Silver Lake Road and County Road H began many years ago to improve public safety and service. In March 2004, the cities of Mounds View and New Brighton sent a joint letter to Ramsey County formally requesting that a traffic study be performed at the intersection to justify replacing the four-way stop with a traffic control signal. The County performed the traffic study and in October 2004, they recommended that a traffic control signal be programmed for construction in 2006/2007 and placed in the County’s Transportation Improvement Program (TIP). However, Ramsey County removed the project from the TIP and placed it in an “unfunded projects” category. The City Council adopted Resolution 6604 on August 22, 2005 supporting a traffic signal at this intersection and “strongly” encouraging Ramsey County to allocate funds for the project. Sunnyside Elementary School students and parents also began a push to have the project funded during 2007. The City Councils of Mounds View and New Brighton also continued to push for the project, including a joint session in April 2007 and subsequent letters to the County. Ramsey County finally did fund the project and programmed it for a June 2009 bid letting. However, easements were needed on three corners from private property owners, two in Mounds View and one in New Brighton. Each city needed to obtain and pay for their respective easements and jointly hired Evergreen Land Services for $5,000 to negotiate and acquire the needed easements. Evergreen struggled to obtain the New Brighton easement and a transfer of home ownership of one in Mounds View both delayed the project bid letting and construction. The project was finally constructed this past summer and the signals became operational in late-July 2011. All construction was paid by the County. Discussion: The last remaining formality for this project is the on-going operational and maintenance responsibilities. Ramsey County has a standard maintenance agreement with municipalities for traffic control signals and emergency vehicle pre-emption (EVP) systems. Since the signal system is located in both cities, New Brighton is also part of the agreement and shares the municipal responsibilities and costs equally with Mounds View. In general, the County will bear most of the responsibility and costs for the operation and maintenance of the traffic control signal, EVP system, and street lights. Mounds View and New Brighton will be responsible for painting the traffic control signals, in which New Brighton will perform and invoice Mounds View for 50% of the costs. The cities will also be responsible for paying the actual costs of the EVP system maintenance performed by the County. Ramsey County will invoice these costs to each city on an annual basis. A copy of the proposed maintenance agreement is attached to this report. The City is currently under similar agreements with Ramsey County for the County Road 10 traffic signals, including jointly with Spring Lake Park for the signal at Pleasant View Drive. Monies have Res. 7818, Auth. Bonestroo to Perform Topo. Surveying for the Design Phase for Area E Page 2 been budgeted for these costs under the street sign maintenance fund (account 100-4475-5130). Recommendation: Staff recommends that the City Council consider adopting the attached resolution approving the agreement between Ramsey County and the cities of New Brighton and Mounds View for the on- going maintenance of the new traffic control signals and EVP system. Respectfully submitted, Nick DeBar - Public Works Director Attachments: Resolution 7828 Maintenance Agreement RESOLUTION 7828 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING AN AGREEMENT WITH RAMSEY COUNTY AND NEW BRIGHTON FOR MAINTENANCE OF TRAFFIC CONTROL SIGNALS AND EVP SYSTEM AT THE INTERSECTION OF SILVER LAKE ROAD AND COUNTY ROAD H WHEREAS, in response to public safety and service, a traffic control signal and emergency vehicle pre-emption (EVP) system installation was proposed at the intersection of Silver Lake Road and County Road H; and WHEREAS, the cities of Mounds View and New Brighton have jointly pursued the signal installation since March 2004; and WHEREAS, Ramsey County performed a traffic study that justified the traffic control signal in October 2004 and placed the project in the Transportation Improvement Program; and WHEREAS, the cities of Mounds View and New Brighton acquired easements from private property owners required for the project during 2009 and 2010; and WHEREAS, Ramsey County prepared bidding documents and construction for the project was completed during 2011; and WHEREAS, an agreement was been prepared between Ramsey County and the cities of Mound View and New Brighton for joint maintenance of the recently constructed traffic control signals and EVP system. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota as follows: 1. The attached agreement for maintenance of traffic control signals and EVP system is hereby approved. 2. The Mayor and City Administrator are hereby authorized and directed, for and on behalf of the City, to execute and enter into the said agreement. Adopted this 12th day of September, 2011. ____________________________________ Joe Flaherty, Mayor ATTEST: ____________________________________ James Ericson, City Administrator (SEAL) Correstions/Revisions made by Councilmembers Gunn and Muller, and City Administrator Ericson PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1 CITY OF MOUNDS VIEW 2 RAMSEY COUNTY, MINNESOTA 3 4 Regular Meeting 5 July 25, 2011 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, Stigney, Hull, Mueller, Gunn. 16 17 NOT PRESENT: None. 18 19 4. APPROVAL OF AGENDA 20 A. Monday, July 25, 2011, City Council Agenda. 21 22 MOTION/SECOND: Mueller/Hull. To Approve the Monday, July 25, 2011, agenda as 23 presented. 24 25 Ayes – 5 Nays – 0 Motion carried. 26 27 5. PUBLIC INPUT 28 29 Dan Mueller, 8343 Groveland Road, expressed concern with the smell of garbage being burned 30 in his neighborhood. He questioned if the City had addressed his past concerns with regard to 31 recreational fires and burning garbage. Mr. Mueller stated he hated to bother the Police 32 Department with his concern, but he has. He was told by the Police Department that no action 33 could be taken as they were dealing with a vulnerable adult. Mr. Mueller requested the City take 34 action and uphold City Code. 35 36 Mayor Flaherty stated City Staff has been dealing with this property and some abatement has 37 occurred. Mr. Mueller indicated the abatement was not so much his concern as the burning 38 garbage. He pleaded that the City take action. 39 40 Police Chief Kinney commented on the occurrence stating the recreational fire was quite large 41 and was extinguished by the responding officers. A warning was given to the homeowner but 42 explained the Police Department could give citations. However, on the first visit a citation was 43 not given. He recommended Mr. Mueller call the Police Department in the future with 44 complaints. 45 Mounds View City Council July 25, 2011 Regular Meeting Page 2 1 Mayor Flaherty requested Staff review this property further to assure that it was properly abated 2 to be in compliance with City Code. City Administrator Ericson indicated he would review this 3 further with Jeremiah Anderson and report back to the Council and Mr. Mueller. 4 5 6. SPECIAL ORDER OF BUSINESS 6 A. Conversation with Ramsey County Attorney John Choi 7 8 John Choi, Ramsey County Attorney, introduced himself to the Council and thanked them for 9 their time. He noted the purpose of the visit was to convey to the Council that he would continue 10 to strive to be a valuable partner to the City of Mounds View on public safety issues. Ramsey 11 County Attorney Choi commented he has appreciated working with Police Chief Kinney over the 12 past six months. He reviewed several initiatives surrounding domestic violence, repeat offenders 13 and children safety issues that would continue to be his focus over the next year. He was grateful 14 for the privilege and honor to serve this community. 15 16 Mayor Flaherty questioned how many of the City’s police squads were outfitted with cameras. 17 Police Chief Kinney stated six of the seven squads had cameras. 18 19 Mayor Flaherty asked if the squad cameras were assisting with evidence collection. Ramsey 20 County Attorney Choi stated the cameras were proving to be a valuable tool and a step in the 21 right direction. He indicated the actions of police were more easily explained as well. 22 23 Police Chief Kinney explained he has thoroughly enjoyed working with the new County Attorney 24 as he brought some new ideas and initiatives to the forefront regarding public safety. 25 26 Mayor Flaherty thanked Ramsey County Attorney Choi for his visit this evening. 27 28 7. COUNCIL BUSINESS 29 A. Resolution 7814, Re-approving the Coventry Senior Living Plat and 30 Development Agreement. 31 32 Planning Associate Heller stated that Coventry Senior Living was before the Council this 33 evening requesting re-approval of their development agreement and plat. She indicated on 34 March 28th Coventry Senior Living received approval from the City. However, the plat was not 35 filed and was in need of re-approval. The applicant was requesting an additional 120 days. 36 37 Peter Jesh, Coventry Senior Living, explained nothing on the plat had changed and construction 38 was proposed to begin this fall. The construction was estimated to take 12 months. 39 40 MOTION/SECOND: Mueller/Gunn. To Waive the Reading and Adopt Resolution 7814, Re-41 approving the Coventry Senior Living Final Plat and Development Agreement. 42 43 Ayes – 5 Nays – 0 Motion carried. 44 45 Mounds View City Council July 25, 2011 Regular Meeting Page 3 B. Resolution 7815, Approving Severance Payment to Nate Behlen, Public 1 Works Maintenance Sanitary Sewer Worker. 2 3 City Administrator Ericson stated the proposed Resolution would formalize the severance payout 4 to former public works maintenance worker Nate Behlen. Mr. Behlen’s last day of work was 5 July 13, 2011. The severance payout would be consistent with the personnel manual and contract 6 for public works. Sick leave would be paid into the employee’s retirement health savings plan 7 totaling $1,254, with vacation time being paid out totaling $714. 8 9 MOTION/SECOND: Gunn/Mueller. To Waive the Reading and Adopt Resolution 7815, 10 Approving Severance Payment to Nate Behlen, Public Works Maintenance Sanitary Sewer 11 Worker. 12 13 Ayes – 5 Nays – 0 Motion carried. 14 15 C. Resolution 7805, Approving Revisions to Section 4 the City’s Personnel 16 Manual Pertaining to “Separations”. 17 18 City Administrator Ericson stated that this issue was discussed at the June 27th Council meeting. 19 A revised personnel manual was being brought to the Council by the City Attorney’s office. He 20 noted the attorney’s office had reviewed the League of Minnesota Cities manual with regard to 21 separations and the City’s policy was more comprehensive. City Administrator Ericson reviewed 22 the revisions to the personnel policy with the Council and recommended approval. 23 24 Council Member Mueller asked who determined the Order of Layoff. City Administrator 25 Ericson indicated this would be recommended by Staff but would be determined by the Council. 26 27 Mayor Flaherty thanked the City Attorney for reviewing the League of Minnesota Cities 28 personnel policy while making revisions to the City’s manual. City Attorney Riggs indicated the 29 City had a great personnel manual and the revisions brought it into conformance. 30 31 MOTION/SECOND: Mueller/Hull. To Waive the Reading and Adopt Resolution 7805, 32 Approving Revisions to Section 4 the City’s Personnel Manual Pertaining to “Separations”. 33 34 Council Member Stigney questioned the language regarding employees 65 and older. City 35 Attorney Riggs clarified the intent was to provide generic language and originated from the 36 League of Minnesota Cities manual. He stated this was Federal law and applied to when there is 37 a specific right for benefits to continue and when benefits do not continue. 38 39 Council Member Stigney recommended the language within the personnel manual tie back to 40 State Statute. City Attorney Riggs stated a reference to State Statute could be noted within the 41 personnel policy but this was not recommended as Statute numbers could change. 42 43 City Administrator Ericson explained that a clause was written into Section 410 stating the policy 44 was intended to be a summary and if it conflicts with State or Federal law, the law will supersede 45 Mounds View City Council July 25, 2011 Regular Meeting Page 4 and be implemented by the City. 1 2 Ayes – 4 Nays – 1 (Stigney) Motion carried. 3 4 8. CONSENT AGENDA 5 6 Mayor Flaherty asked to remove Item A for discussion. 7 8 Council Member Mueller asked to remove Item B. 9 10 A. Resolution 7812, Authorization to Enter into a Grant Agreement with the 11 Minnesota Institute of Public Health as Part of the Alcohol Compliance 12 Check Program. 13 14 Mayor Flaherty questioned if this was the first time the grant program has been offered. Police 15 Chief Kinney indicated the grant program was offered yearly, but the City has not been awarded 16 the grant in four or five years. He stated the City has been applying for the grant each year; 17 however, there were not enough funds to meet the needs of each city applying. 18 19 MOTION/SECOND: Flaherty/Gunn. To Waive the Reading and Adopt Resolution 7812, 20 Authorization to Enter into a Grant Agreement with the Minnesota Institute of Public Health as 21 Part of the Alcohol Compliance Check Program. 22 23 Ayes - -- 5 Nays - -- 0 Motion carried. 24 25 B. Resolution 7813, Renewal of Training Contract with Century College. 26 27 Council Member Mueller asked if the contract expense was included in the Police Department’s 28 budget. Police Chief Kinney noted the expense was in the Department’s budget on a yearly 29 basis. 30 31 Council Member Mueller questioned how the Chief determined who within the Department 32 should attend the training. Police Chief Kinney stated two officers could attend a course and he 33 would review and approve the members attending. 34 35 MOTION/SECOND: Mueller/Hull. To Waive the Reading and Adopt Resolution 7813, 36 Renewal of Training Contract with Century College. 37 38 Ayes – 5 Nays – 0 Motion carried. 39 40 9. JUST AND CORRECT CLAIMS 41 42 City Administrator Ericson answered the Council's questions related to claims. 43 44 MOTION/SECOND: Gunn/Mueller. To Approve the Just and Correct Claims as presented. 45 Mounds View City Council July 25, 2011 Regular Meeting Page 5 1 Ayes – 5 Nays – 0 Motion carried. 2 3 10. APPROVAL OF MINUTES 4 5 None. 6 7 11. REPORTS 8 A. Reports of Mayor and Council. 9 10 Council Member Mueller reported Wednesday through Saturday the Mounds View Community 11 Theater would be presenting Joseph and the Amazing Technicolor Dream Coat at the Irondale 12 High School Auditorium. She highly recommended the production. 13 14 Council Member Mueller encouraged all to take part in National Night Out on August 2nd. On 15 August 18th, a Concert in the Park was scheduled. This was a free event, open to the public. 16 17 Council Member Mueller stated Festival in the Park was scheduled for August 20th. She noted 18 the parade would be held at 10:00 a.m. this year and the route remains the same. She stated 19 Jonah and the Whales would provide entertainment for the event with fireworks provided by 20 MedTronic. 21 22 Mayor Flaherty reviewed an article in the St. Paul Pioneer Press regarding Emerald Ash Borer 23 being present in Shoreview. He indicated the City had a plan in place to mitigate concerns if the 24 diseases spread. 25 26 B. Reports of Staff. 27 28 1. Mounds View Police Department Quarterly Report 29 30 Police Chief Kinney reviewed his second quarter report with the Council. He highlighted several 31 areas in detail stating calls for service have increased in 2011 over 2010. In addition, traffic 32 citations issued had risen, along with medical calls. He noted the DARE Officer graduated over 33 500 Fifth Graders at Pinewood School. 34 35 Mayor Flaherty thanked the Department for completing the DARE program with the schools. He 36 felt this was an extremely valuable program and created a great relationship between these school 37 aged children and the Police Department. 38 39 Police Chief Kinney explained all tobacco and alcohol compliance checks in the past quarter 40 were completely successfully. He reviewed the Safe and Sober Program information with the 41 Council. The Department would like to encourage residents to wear their seatbelts. 42 43 Police Chief Kinney stated Officer Nitter was acknowledged by a local girl scout troop as a hero 44 as he provides security and safety to the children attending school. He stated Officer Andy Olson 45 Mounds View City Council July 25, 2011 Regular Meeting Page 6 was hired on April 28th to fill a vacant position. The Department was pleased with his 1 progression through the field training program. 2 3 Police Chief Kinney stated four members of the Department took part in the Torch Run for 4 Special Olympics. He noted the Department held a bike helmet fitting and over 70 children 5 attended. 6 7 Council Member Mueller asked how many National Night Out parties were registered with the 8 City. Police Chief Kinney stated 26 parties were registered and several more may still register 9 with the Department. Mayor Flaherty thanked the Department for assisting and taking part in the 10 event. 11 12 Police Chief Kinney questioned if the Council was interesting in pursuing a canine program. If 13 there was an interest, he could present it to the Council further at a work session meeting. 14 15 Council Member Stigney felt this was an expensive program and should not be investigated 16 further. 17 18 Council Member Gunn stated the program could potentially be a cooperative effort between 19 departments as neighboring communities are lacking a canine unit as well. 20 21 Council Member Mueller indicated the City of Blaine does fundraising to assist with the canine 22 programs expense. She understood the value of canines to the Department and felt the Council 23 should consider the program. 24 25 Mayor Flaherty suggested the information be gathered and presented to the Council at the August 26 1st work session meeting. 27 28 2. Public Works Project Updates 29 30 Public Works Director DeBar presented an update on the status of projects taking place in the 31 City this summer. He stated Area D was slightly behind schedule due to the popularity of the 32 private utility program. He noted the first layer of asphalt was down west of Quincy on Bronson. 33 Area D2 has a limited use agreement that has been granted to allow for on-street parking on 34 Groberg and Jackson Drive. Further information would be brought back to the Council on 35 August 8th. 36 37 Public Works Director DeBar explained the water tower renovation continues but the humid 38 weather and rain has slowed the progress. The telecomm providers now needed to temporarily 39 relocate their towers onto wooden poles. He recommended the painting be completed in the 40 spring to avoid any further weather delays. This would also avoid any conflict with the Festival 41 in the Park. The Council was in favor of Staff’s recommendation. 42 43 Public Works Director DeBar reported Mounds View Estates, located in Area B, was looking to 44 formalize a limited use agreement for on-street parking. He stated MnDOT was being contacted 45 Mounds View City Council July 25, 2011 Regular Meeting Page 7 to discuss the need for on-street parking in this area. The Council was in favor of proceeding 1 with the limited use agreement. 2 3 Public Works Director DeBar stated the Lambert Park bid opening was delayed to August 4th. 4 The Council could consider the estimated costs at the August 8th meeting. The Public Works 5 Department would demo the existing building to save on costs but this would not be completed 6 until a contract was signed. 7 8 Public Works Director DeBar noted the City Hall and well house reroofing would take place 9 early September. The generator for City Hall was ready for use after a concrete slab was poured 10 and fenced. This work should be completed in the next month. 11 12 Public Works Director DeBar explained the Community Center furniture was refurbished and the 13 carpets would be cleaned next week. He stated the HVAC unit was having trouble at this time 14 due to the high levels of humidity. The software program that controls the HVAC unit was out 15 of date and the City may have to look at updating. 16 17 Public Works Director DeBar stated the wellhead protection plan would continue and a 18 consultant would be presenting further information to the Council at a work session meeting. 19 20 Public Works Director DeBar indicated slip lining was complete. The Public Works Department 21 was reviewing strategic locations for additional storm water drains. He stated a spray crack 22 filling would be investigated for concrete roadways in the City since it would increase the life of 23 these roadways. 24 25 Public Works Director DeBar noted the Public Works Department received the GPS handheld 26 unit. This piece of equipment would greatly assist the City in completing its necessary mapping. 27 28 Public Works Director DeBar explained the County was interested in taking over the County 29 Road 10/County Road H improvement project. He stated the City had $675,000 in federal grant 30 funds available for these improvements. The funding could not be used for engineering and he 31 recommended the Council allow the County to take the lead on this project. 32 33 Council Member Stigney questioned if the Lambert Park building could be turned over the Fire 34 Department for a controlled burn learning experience. Public Works Director DeBar stated he 35 would speak with Fire Marshall, Kathi Osmonson about this further. 36 37 Council Member Mueller asked if the weeds at City Hall, in the fire ring, could be managed. 38 Public Works Director DeBar stated the park supervisor would be contacted to clean this area. 39 40 C. Reports of City Attorney. 41 42 City Attorney Riggs had nothing additional to report. 43 44 12. Next Council Work Session: Monday, August 1, 2011, at 7:00 p.m. 45 Mounds View City Council July 25, 2011 Regular Meeting Page 8 Next Council Meeting: Monday, August 8, 2011, at 7:00 p.m. 1 2 13. ADJOURNMENT 3 4 The meeting was adjourned at 9:03 p.m. 5 6 Transcribed by: 7 8 Heidi Guenther 9 TimeSaver Off Site Secretarial, Inc. 10 Cor restions/Revisions made by Councilmembers Gunn and Muller, City Administrator Ericson, Finance Director Beer, and Public Works Director DeBar PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1 CITY OF MOUNDS VIEW 2 RAMSEY COUNTY, MINNESOTA 3 4 Regular Meeting 5 August 8, 2011 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, Stigney, Hull, Gunn. 16 17 NOT PRESENT: Mueller. 18 19 4. APPROVAL OF AGENDA 20 A. Monday, August 8, 2011, City Council Agenda. 21 22 MOTION/SECOND: Gunn/Hull. To Approve the Monday, August 8, 2011, agenda as 23 presented. 24 25 Ayes – 4 Nays – 0 Motion carried. 26 27 5. PUBLIC INPUT 28 29 None. 30 31 6. SPECIAL ORDER OF BUSINESS 32 A. Dialogue with Senator Pam Wolf 33 34 Senator Pam Wolf stated she has completed her first year as senator and updated the Council on 35 the past session. She explained LGA would remain at the 2010 level and that market value 36 credits were being changed to market value exclusions. Senator Wolf indicated she put together 37 a bill for the Mounds View sound wall, which was not approved and would be resubmitted in 38 2012. She explained variance language was discussed and recommendations were passed along 39 to municipalities. 40 41 Mayor Flaherty thanked the Senator for proposing a bill for the sound wall in Mounds View. He 42 indicated this would become necessary if the Vikings were to relocate on the TCAAP property. 43 He was pleased that the cities were again able to handle variance requests after review by the 44 State. 45 Mounds View City Council August 8, 2011 Regular Meeting Page 2 1 Council Member Stigney questioned if any further information was available regarding the 2 Vikings Stadium. Senator Wolf stated a special session may be called and if this was the case 3 she would notify the City of Mounds View immediately. She indicated a Town Hall meeting 4 could be held as well to gain addition input to bring to the State regarding this issue. 5 6 Finance Director Beer asked if there were any changes made to pension reform. Senator Wolf 7 noted she would report back to the Council with these details. 8 9 Mayor Flaherty thanked Senator Wolf for her being present this evening. Senator Wolf 10 encouraged the Council to contact her with any further comments or concerns. 11 12 B. Conduit Debt Discussion, Ben Johnson, Kennedy & Graven 13 14 Ben Johnson, Kennedy & Graven, stated his firm was the City’s debt and finance attorney for the 15 City. He noted Presbyterian Homes in Arden Hills was redeveloping their site and was 16 requesting to finance it through conduit revenue bonds. Neighboring communities are being 17 asked to assist with the financing of this redevelopment as Presbyterian Homes draws a portion 18 of its residents from the City of Mounds View. The debt would be repaid by the non-profit 19 borrower and of no responsibility to the City. 20 21 Mayor Flaherty thanked Mr. Johnson for his letter to the City regarding the conduit bonds. He 22 indicated this letter provided a great deal of information to the Council regarding the tax exempt 23 bonds. 24 25 Mr. Johnson stated over the past 10 years senior care has shifted from nursing homes to 26 independent senior living/assisted living. Presbyterian Homes was proposing renovations to their 27 site to fit the changing needs of their clientele. He further explained how the draw down loans 28 would assist Presbyterian Homes with the construction and redevelopment of the property. Mr. 29 Johnson indicated if the Council was interested in proceeding, a public hearing would be called 30 for and a Resolution would be drafted. Approval would be subject to specific parameters. 31 32 Council Member Gunn asked if this was a one-time request for $10 million or if the request 33 would be made again next year. Mr. Johnson stated Presbyterian Homes was requesting $10 34 million this year from Mounds View and could again request $10 million next year, but this 35 request would be made to the City of Arden Hills. He explained that additional cities were being 36 approached for conduit financing. 37 38 Council Member Hull questioned if the other cities would all be competing at the 1% bond 39 payment level. Mr. Johnson stated this would be analyzed by Presbyterian Homes. He then 40 reviewed a tentative timeline with the Council. 41 42 Mayor Flaherty indicated the 1% issuance fee was fair and felt the City should proceed with the 43 conduit financing. The Council was in agreement. 44 45 Mounds View City Council August 8, 2011 Regular Meeting Page 3 7. COUNCIL BUSINESS 1 A. Introduction and First Reading of Ordinance 862, an Ordinance 2 Implementing a Franchise Fee on Xcel Energy Electric and Natural Gas 3 Operation within the City of Mounds View. 4 5 Finance Director Beer indicated the City must adopt an Ordinance authorizing the franchise fee 6 on a yearly basis. This was part of the long term agreement with Xcel Energy. He explained the 7 franchise percentage was 3.87% and no changes were being proposed. The annual revenues were 8 discussed in detail with the Council and he explained the franchise fees were split evenly 9 between the general fund and street improvement fund. The Second Reading and approval of 10 this Ordinance would be held on August 22nd. 11 12 MOTION/SECOND: Gunn/Hull. To Waive the First Reading and Introduce Ordinance 862, an 13 Ordinance Implementing a Franchise Fee on Xcel Energy Electric and Natural Gas Operation 14 within the City of Mounds View. 15 16 Council Member Stigney was surprised the rate was not being increased to 4%. He felt the 17 residents would benefit from this minimal increase and requested Staff consider this increase 18 with the Second Reading. 19 20 Mayor Flaherty was in favor of keeping the rate as is. 21 22 Council Member Gunn noted the residents were in favor of the franchise fee as it was a tax write 23 off. 24 25 Ayes – 3 Nays – 1 (Stigney) Motion carried. 26 27 B. Introduction and First Reading of Ordinance 863, an Ordinance 28 Implementing a Franchise Fee on Center Point Energy Natural Gas 29 Operations within the City of Mounds View. 30 31 Finance Director Beer indicated the City must adopt an Ordinance authorizing the franchise fee 32 on a yearly basis. This was part of the long term agreement with Center Point Energy. He 33 explained the franchise percentage was 3.87% and no changes were being proposed. This would 34 allow the contract to remain consistent with Xcel’s franchise fee. The Second Reading and 35 approval of this Ordinance would be held on August 22nd. 36 37 MOTION/SECOND: Flaherty/Gunn. To Waive the First Reading and Introduce Ordinance 863, 38 an Ordinance Implementing a Franchise Fee on Center Point Energy Natural Gas Operations 39 within the City of Mounds View. 40 41 Council Member Stigney stated he would not support the franchise fee. 42 43 Ayes – 3 Nays – 1 (Stigney) Motion carried. 44 45 Mounds View City Council August 8, 2011 Regular Meeting Page 4 C. Resolution 7816, Approving a Contract for Election Services with Ramsey 1 County. 2 3 City Administrator Ericson stated that the City has had discussions with Ramsey County to assist 4 with Election Services. He indicated management and oversight of an election was time-5 consuming and technical. Requirements are changing on a yearly basis, both at the State and 6 Federal level. Training is required for Staff and election judges. The contract with Ramsey 7 County would provide election services to assure there are no issues with precincts. The cost for 8 the first year of the contract would be $36,500 which is slightly less than what the City had 9 budgeted for 2012. However, the City would need an additional $5,000 to pay Staff. 10 11 City Administrator Ericson noted the contract could be renewed for four years and would reduce 12 the election expenses over time. He then reviewed the numerous benefits to the City and 13 recommended the Council proceed with the Election Services contract. 14 15 Council Member Stigney questioned if the four year contract could be changed by either party. 16 City Administrator Ericson indicated the contract could be amended by either party with the 17 other’s consent. Ideally, the County would like to have all contract City’s on the same four year 18 contract cycle. 19 20 Mayor Flaherty questioned why Year 1 of the contract was higher. City Administrator Ericson 21 stated that 2012 was a presidential election year, which incurred greater expenses than other 22 years. 23 24 City Administrator Ericson indicated the contract was reviewed by the City Attorney and the only 25 issue discussed was the City’s election equipment. If a contract were pursued, at this time and 26 ended in the future, all election equipment would have to be returned to the City of Mounds 27 View. 28 29 Council Member Gunn asked if election records would still be retained for 22 months. City 30 Administrator Ericson indicated the county would be responsible for retaining all records 31 inaccordance with the Minnesota Records Retention schedule. All requirements within the 32 retention schedule would be followed by the County. The records would no longer need to be 33 stored onsite. 34 35 MOTION/SECOND: Gunn/Stigney. To Waive the Reading and Adopt Resolution 7816, 36 Approving a Contract for Election Services with Ramsey County. 37 38 Mayor Stigney inquired if the contract would come before the Council prior to the four year 39 renewal. City Administrator Ericson stated this was the case. 40 41 Ayes – 4 Nays – 0 Motion carried. 42 43 D. Resolution 7817, Awarding a Construction Contract to Ebert Construction 44 Company and Authorizing TKDA to Perform Architectural Services for the 45 Mounds View City Council August 8, 2011 Regular Meeting Page 5 2011 Lambert Park Shelter Project. 1 2 Public Works Director DeBar stated the Park Commission has been discussing Lambert Park 3 since October of 2009. In May of this year the Council hired TKDA to prepare architectural 4 plans for the project. The Park Commission met with TKDA to review the shelter design plans. 5 Several modifications were made to reduce maintenance and operation costs, while increasing 6 rental opportunities. 7 8 Public Works Director DeBar explained the Lambert Park Shelter project was over $100,000 and 9 had to go through the public bidding process. The bid alternates were discussed. He reviewed 10 the base bid requirements stating the City received seven bids and Ebert Construction Company 11 of Corcoran, Minnesota was the low bidder. 12 13 Staff recommended the Council award the construction contract to Ebert Construction Company 14 with bid alternates 1, 2 and 3 totaling $479,816. Work would be completed by December 19th. 15 TKDA would be available to assist with inspections and administrative services, and were 16 estimated to cost $15,600. Staff recommended a 5% contingency be added to the project to cover 17 a potential change order. 18 19 Public Works Director DeBar noted the 2011 budget included $260,000 for the project from Park 20 Dedication Funds. The balance of the Park Dedication Fund was over $800,000 at this time. 21 The Council would need to address the funding options if the item were approved this evening. 22 He estimated $350,000 of the expenses would be due this year with the balance of the expenses 23 due in 2012. 24 25 Finance Director Beer recommended the item be approved with the budget adjustment outlined 26 in Item 6 of the Resolution. 27 28 Council Member Gunn questioned if the ballpark improvements were complete. Public Works 29 Director DeBar stated this was an additional project that would be completed this fall. 30 31 Mayor Flaherty was in favor of amending the budget as recommended by Staff. He wanted to be 32 sure the ball field was completed this fall to make it ready for little league games next spring. 33 34 Mayor Flaherty didn’t feel it was fair to compare Silver View Park to Lambert Park. He then 35 asked Staff why the pavilion expansion was necessary as described in Alternate 1. Public Works 36 Director DeBar stated based on the popularity of the Silver View Park Pavilion, the expansion 37 was recommended. It would provide another large picnic facility for family reunions or 38 graduation parties. John Kroeger, Park Commissioner, stated the intention was to build on the 39 popularity of Silver View Park Pavilion. 40 41 Council Member Gunn noted Hillview Park was used but for smaller gatherings. She indicated 42 the location of Lambert Park would offer this side of town an option for family gatherings or 43 team picnics. She saw the building and pavilion as a revenue generator for the City. 44 45 Mounds View City Council August 8, 2011 Regular Meeting Page 6 Mr. Kroeger stated the layout of the park would be reviewed in the future to provide additional 1 amenities in the future, while also updating the playground. 2 3 Council Member Hull felt the pavilion was more useful with the overhang. He agreed with 4 Council Member Gunn stating that the building would become a revenue generator for the City. 5 6 Council Member Stigney indicated he was undecided on Alternate 1. 7 8 Mayor Flaherty questioned how the Council would like to proceed with Alternate 2. Public 9 Works Director DeBar stated the shingle upgrade had a lifetime warranty, while the standard 10 shingle had a 30 year warranty. 11 12 Council Member Stigney felt the bid did not compare “apples-to-apples” for the shingles. He 13 questioned why the City would recommend a Certain Teed Shingle product as this company was 14 currently in a class action suit for product defects. Council Member Stigney recommended the 15 Council proceed with the 30 year shingle. 16 17 Mayor Flaherty questioned if the City could use another shingle manufacturer. Public Works 18 Director DeBar stated this could be done; however, the Certain Teed product or email was 19 specified in the bid documents. 20 21 Council Member Gunn was in favor of the premium shingle. 22 23 Council Member Hull was in favor of the premium shingle but requested Staff seek another 24 shingle manufacturer. 25 26 Mayor Flaherty asked if any of the other City parks had rubber flooring. Public Works Director 27 DeBar explained the warming houses had rubber flooring, but not this specific product. The 28 existing flooring proposed was difficult to maintain and did not hold up. He stated the 29 recommended flooring was higher quality and easier to maintain. Mayor Flaherty was in favor of 30 the rubber flooring upgrade if it addressed safety concerns. 31 32 Council Member Stigney stated he agreed with the flooring upgrade. Council Member Hull and 33 Council Member Gunn also agreed. 34 35 The Council was in favor of Option 1 for the Lambert Park Shelter Project without the electrical 36 enhancements. 37 38 MOTION/SECOND: Gunn/Hull. To Waive the Reading and Adopt Resolution 7817, Awarding 39 a Construction Contract to Ebert Construction Company and Authorizing TKDA to Perform 40 Architectural Services for the 2011 Lambert Park Shelter Project. 41 42 Ayes – 4 Nays – 0 Motion carried. 43 44 E. Resolution 7818, Authorizing Bonestroo to Perform Topographic Surveying 45 Mounds View City Council August 8, 2011 Regular Meeting Page 7 for the Design Phase of the Street and Utility Improvement Project – Area E. 1 2 Public Works Director DeBar stated the City has a Street and Utility Improvement Program in 3 place. The City has completed three years of the nine year program thus far. The next area, Area 4 E was set to begin, with work completed in 2012. The first step in this process was to complete 5 the topographic surveying of the 4.0 miles of roadway within Area E. 6 7 Public Works Director DeBar noted Bonestroo has been contacted to gain a fee estimate for the 8 entire design phase. The complexity of this project was being reviewed as the Area was more 9 dense than the previous Areas. He expected Staff would have additional design fee information 10 available at the August 22nd meeting. Staff recommended the Council authorize Bonestroo to 11 perform topographic surveying for the design phase of Area E. 12 13 MOTION/SECOND: Flaherty/Gunn. To Waive the Reading and Adopt Resolution 7818, 14 Authorizing Bonestroo to Perform Topographic Surveying for the Design Phase of the Street and 15 Utility Improvement Project – Area E. 16 17 Ayes – 4 Nays – 0 Motion carried. 18 19 8. CONSENT AGENDA 20 A. Set a Public Hearing for Monday, August 22, 2011, at 7:05 p.m. for the 21 Introduction and First Reading of Ordinance 861, Amending Titles 1000, 22 1100 and 1200 about Variances. 23 B. Set a Public Hearing for Monday, September 12, 2011, at 7:05 p.m. to 24 Consider an On-Sale Intoxicating Liquor License and Restaurant License for 25 El Loro Mexican Restaurant located at 2535 County Highway 10. 26 C. Set a Public Hearing for Monday, August 22, 2011, at 7:10 p.m. for Second 27 Reading and Adoption of Ordinance 862, an Ordinance Implementing a 28 Franchise Fee on Xcel Energy Electric and Natural Gas Operations within 29 the City of Mounds View. 30 D. Set a Public Hearing for Monday, August 22, 2011, at 7:15 p.m. for Second 31 Reading and Adoption of Ordinance 863, an Ordinance Implementing a 32 Franchise Fee on Center Point Energy Natural Gas Operations within the 33 City of Mounds View. 34 35 MOTION/SECOND: Gunn/Hull. To Approve the Consent Agenda as presented. 36 37 Ayes – 4 Nays – 0 Motion carried. 38 39 9. JUST AND CORRECT CLAIMS 40 41 Finance Director Beer answered the Council's questions related to claims. 42 43 MOTION/SECOND: Gunn/Stigney. To Approve the Just and Correct Claims as presented. 44 45 Mounds View City Council August 8, 2011 Regular Meeting Page 8 Ayes – 4 Nays – 0 Motion carried. 1 2 10. APPROVAL OF MINUTES 3 A. June 27, 2011, City Council Meeting Minutes. 4 5 Council Member Stigney requested a correction on Page 5, Line 27, stating the shingles were set 6 for replacement and not the building at Hillview. 7 8 Council Member Gunn requested a correction on Page 8, Line 40, noti ng the word ‘‘reasoning’’ 9 should be changed to ‘‘reason.’’ 10 11 MOTION/SECOND: Stigney/Hull. To Approve the June 27, 2011, City Council meeting 12 minutes as corrected. 13 14 Ayes – 4 Nays – 0 Motion carried. 15 16 B. July 11, 2011, City Council Meeting Minutes. 17 18 MOTION/SECOND: Hull/Gunn. To Approve the July 11, 2011, City Council meeting minutes 19 as presented. 20 21 Ayes – 4 Nays – 0 Motion carried. 22 23 11. REPORTS 24 A. Reports of Mayor and Council. 25 26 Mayor Flaherty indicated the City had 30 parties registered for National Night Out. He thanked 27 all for participating in the great event and for getting to know your neighbors. 28 29 Mayor Flaherty stated Festival in the Park would be held on August 20th. The parade would 30 begin at 10:00 a.m. Entertainment would be provided at the event by Jonah and the Whales. He 31 encouraged all to attend. 32 33 Council Member Gunn stated she rode with the Police Chief on National Night Out. She had a 34 great time meeting with the residents and to hear their concerns. 35 36 B. Reports of Staff. 37 38 1. Finance Quarterly Report 39 40 Finance Director Beer reviewed the second quarter report with the Council. The summary 41 revenue and expense statements were discussed. He felt an economic recovery has not been seen 42 by the City which left revenues lagging slightly behind budgeted amounts. He stated revenues 43 would increase at the Community Center July through September with increased rentals for 44 weddings. 45 Mounds View City Council August 8, 2011 Regular Meeting Page 9 1 Finance Director Beer indicated the City has seen significant savings through the street 2 improvement project. This will allow the City to finish the project one year earlier than 3 expected. He felt the favorable bidding environment should continue for the next year or two. 4 5 Finance Director Beer explained interest income was down $80,000 over last year. He indicated 6 the rates are expected to decrease yet again which made it challenging for investments. 7 However, the City’s funds were extremely safe. 8 9 Finance Director Beer noted the City’s annual audit was complete and the five year financial plan 10 was in the works. He stated the Finance Department was also working on the 2012 budget at this 11 time. 12 13 Council Member Hull asked what significant costs were anticipated at the Community Center. 14 Finance Director Beer stated the HVAC units were aging and in need of replacement. He further 15 reviewed the operating expenses of the Community Center with the Council. 16 17 Mayor Flaherty indicated TIF District 1 would expire in 2013 and these dollars would have to be 18 used in 12 months or it would be decertified and go back to the State. He encouraged Staff to 19 keep on top of this. 20 21 City Administrator Ericson updated the Council that Rich Spiczka, program coordinator at the 22 YMCA, had submitted his resignation and his last day with the City would be Friday. He 23 encouraged the Council to wish him well. The HVAC unit at the community center was then 24 discussed. A proposal from the mechanical contractor at the community center would assist the 25 City in managing the humidity and temperature concerns. Staff would report back to the Council 26 at a future meeting with further information. 27 28 City Administrator Ericson indicated the Subdivision Ordinance would be reviewed by Council 29 at a future meeting, along with the Tobacco Ordinance. The Sign Code Ordinance would be 30 processed and brought forward as well. 31 32 City Administrator Ericson explained Music in the Park was scheduled for August 18th at 6:30 33 p.m. at City Hall Park. He encouraged all to attend. 34 35 City Administrator Ericson stated an Airport Meeting was scheduled for August 10th at 4:00 p.m. 36 at the City of Blaine. Noise abatement issues would be discussed along with long term planning 37 for the airport. 38 39 City Administrator Ericson stated the North Suburban Communication Council would be holding 40 a meeting in September. He stated if a Councilmember was interested in attending he could 41 provide further information. 42 43 C. Reports of City Attorney. 44 45 Mounds View City Council August 8, 2011 Regular Meeting Page 10 City Attorney Riggs had nothing additional to report. 1 2 12. Next Council Work Session: TUESDAY, September 6, 2011, at 7:00 p.m. 3 Next Council Meeting: Monday, August 22, 2011, at 7:00 p.m. 4 5 13. ADJOURNMENT 6 7 The meeting was adjourned at 9:21 p.m. 8 9 Transcribed by: 10 11 Heidi Guenther 12 TimeSaver Off Site Secretarial, Inc. 13 PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Executive Session Date: August 22, 2011 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 Time: 6:00 p.m. 1. EXECUTIVE SESSION IS CALLED TO ORDER AT 6:02 p.m. 2. ROLL CALL: Mayor Flaherty, Council Members Stigney, Hull, Mueller, and Gunn. City Administrator Ericson, and Finance Director Beer A motion was made by Council Member Mueller, seconded by Council Member Hull, to recess into executive closed session to: Pursuant to Minnesota Statutes, Section 13D.03, to consider strategies for labor negotiations, including negotiation strategies or developments or discussion and review of labor negotiations or developments or discussion and review of labor negotiations proposals, conducted pursuant to Minnesota Statutes Section 179A.01 – 179A.025. Vote: 5 – 0. 3. Pursuant to Minnesota Statutes, Section 13D.03, to consider strategies for labor negotiations, including negotiation strategies or developments or discussion and review of labor negotiations or developments or discussion and review of labor negotiations proposals, conducted pursuant to Minnesota Statutes Section 179A.01 – 179A.025. City Staff and the City Council reviewed and discussed the negotiation strategies for the Police Sergeant Union Contract for 2011. In addition, strategies were also discussed in regard to all other bargaining units. 4. A motion was made by Council Member Mueller, seconded by Council Member Stigney, to adjourn the Closed Executive Session. Vote: 5 – 0 5. MEETING ADJOURNED FROM EXECUTIVE SESSION AT 6:55 p.m. Respectfully Submitted: Desaree M. Crane Assistant City Administrator