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HomeMy WebLinkAboutAgenda Packets - 2008/07/14 CITY OF MOUNDS VIEW CITY COUNCIL MEETING AGENDA MOUNDS VIEW CITY HALL Monday, July 14, 2008 7:00 p.m. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Marty, Stigney, Flaherty, Hull, 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 7. COUNCIL BUSINESS A. 7:05pm Public Hearing, a Public Hearing to Consider the Second Reading and Adoption of Ordinance 810, an Ordinance Amending Chapter 8 (Public Improvements and Special Assessments), and Chapter 12 (Miscellaneous and Transitory Provisions) of the Mounds View City Charter. (ROLL CALL VOTE) B. Resolution 7285, Approving the Purchase of Playground Equipment and Soccer Goals. C. Resolution 7302 Approving Step Increases for Don Burda, Full Time Temporary Building Inspector and Police Officer Peter Berling. D. Resolution 7301 Approving Purchase of In-Squad Camera Systems for the Mounds View Police Department Using Forfeiture Funds 8. CONSENT AGENDA A. Licenses for Approval B. Set a Public Hearing for Monday, August 11, 2008 at 7:05 pm to consider Special Assessments for Sewer Access Charges 9. JUST AND CORRECT CLAIMS 10. APPROVAL OF MINUTES A. Tuesday May 27, 2008 City Council Minutes. B. Monday, June 9, 2008, 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, 2008 at 7 p.m. Next Council Meeting: Monday, July 28, 2008, at 7 p.m. CITY OF MOUNDS VIEW CITY COUNCIL MEETING AGENDA MOUNDS VIEW CITY HALL Monday, July 14, 2008 7:00 p.m. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Marty, Stigney, Flaherty, Hull, 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 7. COUNCIL BUSINESS A. 7:05pm Public Hearing, a Public Hearing to Consider the Second Reading and Adoption of Ordinance 810, an Ordinance Amending Chapter 8 (Public Improvements and Special Assessments), and Chapter 12 (Miscellaneous and Transitory Provisions) of the Mounds View City Charter. (ROLL CALL VOTE) B. Resolution 7285, Approving the Purchase of Playground Equipment and Soccer Goals. C. Resolution 7302 Approving Step Increases for Don Burda, Full Time Temporary Building Inspector and Police Officer Peter Berling. D. Resolution 7301 Approving Purchase of In-Squad Camera Systems for the Mounds View Police Department Using Forfeiture Funds 8. CONSENT AGENDA A. Licenses for Approval B. Set a Public Hearing for Monday, August 11, 2008 at 7:05 pm to consider Special Assessments for Sewer Access Charges 9. JUST AND CORRECT CLAIMS 10. APPROVAL OF MINUTES A. Tuesday May 27, 2008 City Council Minutes. B. Monday, June 9, 2008, 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, 2008 at 7 p.m. Next Council Meeting: Monday, July 28, 2008, at 7 p.m. Item No: 7A Meeting Date: July 14, 2008 Type of Business: CB Administrator Review: ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Jim Ericson, Clerk-Administrator Desaree Crane, Assistant City Clerk-Administrator Item Title/Subject: Public Hearing to Consider the Second Reading and Adoption of Ordinance 810, an Ordinance Amending Chapter 8, Section 8.06, and Chapter 12, Section 12.14 & 12.15 of the City Charter Relating to the Certification of Unpaid Property-Based Administrative Offense Penalties Background: The Charter Commission, at the request of the City, has been discussing possible Charter amendments to address a mechanism by which unpaid administrative offense penalties could be certified to the property taxes in a manner similar to a special assessment. The City Attorney has provided information, has attended a Charter Commission meeting and has been in consultation with the Commission during this process to assist with a satisfactory outcome. On June 12 of this year, the Charter Commission approved Resolution 2008-02, which is attached for your reference. Discussion: Attached is Ordinance 810 which incorporates the language adopted by the Charter Commission in Resolution 2008-02. This Ordinance was presented to the City Council for a first reading at the June 23, 2008, City Council Meeting. The City Attorney has reviewed the final resolution and is comfortable with the language with the exception of the five underlined words in Section 8.06 as shown below: “The City must provide an opportunity for a hearing regarding the method of payment before either the City Council or a neutral third party as specified in City Code.” The City Council, City Attorney and Jonathan Thomas (Charter Commission Chair) discussed the language and the consensus was to revise the language as shown below: “The City must provide an opportunity for a hearing regarding the certification before either the City Council or a neutral third party as specified in City Code.” Recommendation: Staff recommends the City Council approve the second reading and adopt Ordinance 810, an ordinance amending Chapter 8, Section 8.06, and Chapter 12, Section Ordinance 810 Report July 14, 2008 Page 2 12.14 and 12.15 of the City Charter relating to the certification of unpaid property-based administrative offense penalties. Consistent with state law, the ordinance would go into effect 90 days after unanimously being adopted by the City Council. In addition, an Ordinance Summary will be published in the next edition of the Mounds View/New Brighton Bulletin, which is consistent with the Mounds View City Charter. Respectfully submitted, Jim Ericson Desaree Crane Clerk-Administrator Assistant City Clerk-Administrator Attachments: 1. Charter Commission Resolution 2008-02 2. Ordinance 810 3. Ordinance Summary 4. ORDINANCE NO. 810 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING CHAPTER 8, SECTION 8.06, AND CHAPTER 12, SECTION 12.14 AND 12.15 OF THE CITY CHARTER RELATING TO THE CERTIFICATION OF UNPAID PROPERTY-BASED ADMINISTRATIVE OFFENSE PENALTIES THE CITY OF MOUNDS VIEW DOES HEREBY ORDAIN: SECTION 1. The City Council of the City of Mounds View, pursuant to the recommendation of the City of Mounds View Charter Commission, has hereby determined that Chapter 8 of the City Charter be amended by the addition of the new Section 8.06 as follows: CHAPTER 8 PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS Section 8.06. Certification of Administrative Offense Penalties. Authority is granted to the City of Mounds View to certify unpaid property-based Administrative Offense penalties by certification to property taxes. Collection of Administrative Offense penalties shall proceed only in accordance with an ordinance adopted by the Council that must require at least the following: The City must give notice to the property owner listed on the official tax records at least 30 days prior to imposing the certification. The City must attempt to obtain voluntary payment of the fees and penalties and allow the property owner the opportunity to request certification as a method of payment. The City must provide an opportunity for a hearing regarding the certification before either the City Council or a neutral third party as specified in City Code. Administrative Offense penalties and charges must be directly related to the property being assessed according to City Code and as published in the fee schedule. Certifications under this ordinance shall be imposed pursuant to Minnesota State Statutes including 366.011, 366.012, 415.01, and 429.101, as amended and as specified in City Code. SECTION 2. The City Council of the City of Mounds View, pursuant to the recommendation of the City of Mounds View Charter Commission, has hereby determined that Chapter 12 of the City Charter be amended by the addition of new language in Section 12.14 and the former language in Section 12.14 be renumbered as Section 12.15 as follows: Ordinance 810 Page 2 of 2 CHAPTER 12 MISCELLANEOUS AND TRANSITORY PROVISIONS Section 12.14. Fines and Civil Penalties. The Council may provide by ordinance that a violation of a City ordinance is either a misdemeanor or a petty misdemeanor, punishable in accordance with State law. The Council shall establish by ordinance a procedure for imposing a civil penalty known as an administrative offense as defined in City Code. Section 12.15. This Charter becomes effective January 1, 1980, or thirty days after adoption, whichever comes later. SECTION 3. This ordinance shall take effect ninety days after the date of its publication. Read by the Mounds View City Council on this 23rd day of June, 2008. Read and passed by the Mounds View City Council on this 14th day of July, 2008. Publication Date: July 23, 2008 __________________________________ Rob Marty, Mayor ATTEST: __________________________________ Jim Ericson, Clerk-Administrator (SEAL) ORDINANCE SUMMARY ORDINANCE NO. 810 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA On July 14, 2008, the Mounds View City Council adopted an ordinance which revised Chapter 8.06 of the Mounds View City Charter relating to the Certification of Administrative Offense Penalties; and Chapter 12.14 and 12.15 of the Mounds View City Charter relating to Fines and Civil Penalties. Both City Charter chapter amendments relate to the certification of unpaid property-based administrative offense penalties. The ordinance is on file and available for public viewing at the office of the Clerk Administrator. The ordinance is posted in its entirety on the City’s website, located at www.ci.mounds-view.mn.us. James Ericson, Clerk-Administrator Item No: 7B Meeting Date: July 14, 2008 Type of Business: Council Business Administrator Review: _____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Steve Dazenski, Parks Supervisor Item Title/Subject: Resolution 7285 Approving the purchase of Soccer Goals for Oakwood Park and Playground Equipment for the City Hall Park Introduction: Oakwood Park Soccer Goals In the spring of 2007 Oakwood Park Ballfield was converted to a soccer field complex that consisted of (1) medium and (2) small fields; to accommodate the growing need for youth soccer fields. City Hall Park Playground Equipment The existing playground equipment was installed in 1987; the equipment is slated and budgeted for replacement in 2008. Discussion: Oakwood Park Soccer Goals With the addition of the soccer fields and the need to accommodate the ages of the players that will be using the fields; soccer goals of various sizes are required. Staff has explored several styles and manufacturers of soccer goals. In order to provide a safe environment for the soccer players, staff is recommending the purchase of non-tipping soccer goals that have rounded “faces”. (This type of soccer goal also has the extra support needed for the frequent moving of the goals.) City Hall Park Playground Equipment As stated previously, the playground equipment at the City Hall Park was installed in 1987. Staff, along with the Park and Recreation Commissioners, evaluated the playground equipment and a consensus to remove and replace a portion of the equipment was recommended. This replacement will achieve the following: a) To make the equipment in compliance with safety according to the US Consumer Product Safety Commissions Handbook for Public Playground Safety. b) A wide variety of age groups will be able to enjoy the playground equipment. NOTE: As a cost savings measure, the Public Works Staff will install the playground equipment. The playground equipment will be removed and installed by the 50th Anniversary Celebration in August of this year. Recommendation: In the 2008 budget, 251-4470-7050, $38,000.00 is budgeted for the playground equipment replacement for City Hall Park. Staff and Commissioners determined that only a portion of the equipment at the City Hall Park needed replacement. This equipment can be purchased from Minnesota/Wisconsin Playground, which is state bid, at the cost of $11,403.84. (Sales tax and shipping included in this cost.) The soccer goals will be purchased from Minnesota/Wisconsin Playground, again state bid, at the cost of $9,449.06. (Sales tax and included in this cost.) Though the soccer goals are not listed as a budgeted item for 2008 and due to the fact that the replacement playground equipment is well below the $38,000.00 budgeted amount. Staff is recommending the purchase of soccer goals at this time along with the playground equipment. The total cost of the playground equipment and soccer goals is $26,595.16 and these purchases will be derived from the Park Dedication Fund of 251-4470-7050. Respectfully submitted, Steve Dazenski, Parks Supervisor RESOLUTION 7285 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING THE PURCHASE OF SOCCER GOALS FOR OAKWOOD PARK AND PLAYGROUND EQUIPMENT FOR THE CITY HALL PARK WHEREAS, in the spring of 2007 Oakwood Park Ballfield was converted to a soccer field complex that consisted of (1) medium and (2) small fields; and WHEREAS, with the addition of the soccer fields and the need to accommodate the ages of the players that will be using the fields; soccer goals of various sizes are required; and WHEREAS, staff explored several styles and manufacturers of soccer goals and in order to provide a safe environment for the soccer players, staff is recommending the purchase of non-tipping soccer goals that have rounded “faces”. (This type of soccer goal also has the extra support needed for the frequent moving of the goals.) WHEREAS, the playground equipment at the City Hall Park was installed in 1987; and WHEREAS, the Park and Recreation Commissioners, evaluated the playground equipment and a consensus to remove and replace a portion of the equipment was recommended. This replacement will achieve the following: a) To make the equipment in compliance with safety according to the US Consumer Product Safety Commissions Handbook for Public Playground Safety. b) A wide variety of age groups will be able to enjoy the playground equipment; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota as follows: 1) In the spring of 2007 Oakwood Park Ballfield was converted to a soccer field complex that consisted of (1) medium and (2) small fields; to accommodate the growing need for youth soccer fields. 2) The existing playground equipment was installed in 1987; the equipment is slated and budgeted for replacement in 2008. 3) Currently in the 2008 budget, 251-4470-7050, $38,000.00 is budgeted for the playground equipment replacement for City Hall Park. Staff and Commissioners determined that only a portion of the equipment at the City Hall Park needed replacement. This equipment can be purchased from Minnesota/Wisconsin Playground, which is state bid, at the cost of $11,403.84. (Sales tax and shipping included in this cost.) The soccer goals will be purchased from Minnesota/Wisconsin Playground, state bid, at the cost of $9,449.06. (Sales tax and included in this cost.) 4) The total cost of the playground equipment and soccer goals is $26,595.16, these purchases will be derived from the Park Dedication Fund of 251-4470-7050. Adopted this 14th day of July 2008. ____________________________________ Rob Marty, Mayor ATTEST: ____________________________________ James Ericson, City Administrator (seal) Item No: 07C Meeting Date: July 14, 2008 Type of Business: CB City Administrator Review: _____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Assistant City Clerk-Administrator Item Title/Subject: Resolution 7302 Approving Step Increases for Don Burda (Full Time Temporary Building Inspector) and Officer Peter Berling (MVPD) Background: Don Burda and Officer Peter Berling are current employees with the City of Mounds View. Their supervisor(s) have reviewed their performance as it relates to their responsibilities outlined in their job descriptions. Discussion: It was determined that Don Burda and Officer Peter Berling have satisfactorily performed in the capacity of their positions, and therefore, a step increase wage adjustment is consistent with the Personnel Manual and Union Labor Agreements. Recommendation: Staff recommends approval of Resolution 7302, approving the Step Increase. Respectfully Submitted, Desaree Crane RESOLUTION 7302 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING STEP/LONGEVITY ADJUSTMENTS WHEREAS, the following below are regular full-time employees who are currently working for the City of Mounds View; and WHEREAS, their supervisor reviewed their performance as it relates to the responsibilities outlined in their job descriptions; and WHEREAS, their supervisor determined that the following employees below have satisfactorily performed in the capacity of their position documented in their performance review on file; and WHEREAS, a step increase wage adjustment is consistent with the Mounds View Personnel Manual and Labor Agreements. NOW, THEREFORE BE IT RESOLVED that the Mounds View City Council does hereby approve a wage adjustment to the following indicated in the chart below. NAME CURRENT POSITION DATE OF EMPLOYMENT/CURRENT POSITION CURRENT STEP & WAGE STEP & WAGE ADJUSTMENT EFFECTIVE DATE OF ADJUSTMENT Don Burda Temp Bldg Inspector May 24, 2006 Step 3: $23.82/hr Step 4: $25.15/hr May 24, 2008 Officer Peter Berling Mounds View Police Officer Date of Employment: August 1, 2005 Step 4: $25.99/hr Step 5: $28.88/hr August 1, 2008 Adopted this 14th day of July, 2008. __________________________________ Rob Marty, Mayor ATTEST: __________________________________ James Ericson, Clerk-Administrator (seal) Item No. 7D Meeting Date: July 14, 2008 Type of Business: Council Business Administrator Review: _____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Mike Sommer, Police Chief Item Title/Subject: Purchase of In-Squad Camera Systems for the Mounds View Police Department Using Forfeiture Funds Date of Report: July 14, 2008 NATURE OF REPORT: The Police Department has planned to begin installing in squad camera systems in its patrol cars this year. In Squad Camera’s have been in use by other near by local police departments for over 15 years. They provide documentation for DWI cases, traffic stops, police chases and other police activity. They reduce liability for police agencies as video and audio documentation can be presented as evidence in criminal and civil cases. The systems the Police Department considered for this purchase all have cameras that face both to the front of the squad car and to the rear passenger compartment area, and have an audio recorder which is worn and activated by the patrol officer. The new systems are digital, have no moving parts and record onto a flash card system which is later downloaded onto computer storage with redundant capabilities in accord with data practices policy. Funds to purchase three in squad systems plus the necessary computer data storage for the systems was planned and budgeted for and approved within the 2008 budget. This purchase is to be funded from forfeiture funds which are received from the forfeiture of vehicles of certain aggravated DWI cases. The use of these funds is limited to enforcement equipment such as the in- squad camera systems. Staff of the Police Department have analyzed and reviewed the various systems available and have selected the Digital-Ally system as the system that most closely fits the needs of the Department. The quote for three Digital –Ally Systems is $13,180.00 not including tax. Other systems reviewed included the Panasonic, and the ICOP systems. A quote for three ICOP in-squad camera systems was $16, 513.98 not including tax, and a quote for three Panasonic systems was $ $15,300.00 not including tax. RECOMMENDATION: Staff recommends council approve the purchase of the three Digital Ally In-Squad Camera Systems from Digital Ally for $13,180.00 not including tax Respectfully submitted, _____________________ Mike Sommer Police Chief RESOLUTION 7301 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA PURCHASE OF IN-SQUAD CAMERA SYSTEMS FOR THE MOUNDS VIEW POLICE DEPARTMENT USING FORFEITURE FUNDS WHEREAS, the Mounds View Police Department planned and budgeted for the purchase of three In-Squad camera systems in 2008 utilizing forfeiture funds, and; WHEREAS, staff of the police department have reviewed the various systems available and determined that the Digital-Ally system most closely meets the needs of the department, and; WHEREAS, pursuant to the City purchasing policy a quote for the purchase of three Digital Ally Camera Systems was received for $13,180.00. Quotes for two other similar systems (ICOP, and Panasonic) were also reviewed and were higher in cost. NOW, THEREFORE, BE IT RESOLVED that the City Council for the City of Mounds View authorizes the purchase of three Digital Ally in Squad Camera Systems from Tactical Solutions in the amount of $13,180.00 not including tax, from the Police Department forfeiture fund. Adopted this 14th day of July 2008. ____________________________________ Rob Marty, Mayor ATTEST: ____________________________________ Jim Ericson, City Administrator (seal) Item No: 08A Meeting Date: July 14, 2008 Type of Business: CA City Administrator Review: __________ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Barb Benesch, Administrative Assistant Item Title/Subject: CONTRACTOR LICENSES FOR APPROVAL Please consider the following contractor licenses for approval. All contractor licenses will expire on December 31, 2008. All applicants have submitted appropriate fees and proof of insurance. Those companies that are “new” include applicants that have never been licensed with the City or they may have been licensed with the City in the past, but were not licensed in 2007. The majority of the licenses are renewals, so at a minimum, they were licensed in 2007. The type of license they are applying for follows the company name. Hutton & Rowe, Inc. HVAC New Midwest Asphalt Corporation Asphalt Renewal R.B. Heating & Air HVAC New RC Heating and Air Conditioning HVAC New Timberland Tree and Landscaping Tree Trimming/Removal New Staff Recommendation: Approve license applications as requested. Corrections made by Mayo r Marty, Jim Ericson, and Desaree Crane REVISED AS OF JULY 14, 2008 @ 5PM - -- MAYOR’S CORRECTIONS ADDED PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1 CITY OF MOUNDS VIEW 2 RAMSEY COUNTY, MINNESOTA 3 4 Regular Meeting 5 May 27, 2008 6 Mounds View City Hall 7 2401 Highway 10, Mounds View, MN 55112 8 7:12 P.M. 9 10 11 1. MEETING IS CALLED TO ORDER 12 13 2. PLEDGE OF ALLEGIANCE 14 15 3. ROLL CALL: Marty, Stigney, Hull, Flaherty, and Mueller 16 17 NOT PRESENT: None. 18 19 4. APPROVAL OF AGENDA 20 21 A. Tuesday, May 27, 2008, City Council Agenda 22 23 MOTION/SECOND: Mueller/Flaherty. To Approve the Monday, May 27, 2008 Agenda as 24 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 34 A. National CPR and AED Awareness Week Proclamation (Mayor to Read Out 35 Loud) 36 37 Mayor Marty read a Proclamation on National CPR and AED Awareness Week. 38 39 Gene Johnson from New Brighton said that he is a sudden cardiac arrest survivor who is very 40 appreciative for the officers in New Brighton who saved him. He then listed other survivors in 41 the area and said that there are 200 survivors in the Minnesota sudden cardiac survivor club. He 42 further said that he and his club are promoting training and usage of the AED and CPR. 43 44 Mounds View City Council May 27, 2008 Regular Meeting Page 2 Mayor Marty noted that the American Heart Association is changing the training for AED’s and 1 suggested that the City look into an adjustment for the shocking part of the AED. Mayor Marty 2 encouraged everyone to be involved as they could be the one that saves a life. 3 4 B. Presentation of Annual Audit – Aaron Nielsen, MMKR Certified Public 5 Accountants 6 7 Aaron Nielsen from MMKR appeared before Council and reviewed the audit summary with 8 Council and those in attendance. 9 10 Council Member Flaherty thanked the audit firm for the clear, concise report. 11 12 Council Member Mueller thanked the audit firm for the analysis and for the reminder to continue 13 to review water and sewer rates to ensure that they are adequate to support the systems. 14 15 Mayor Marty asked whether there was anything that could be done to further separate duties 16 without hiring more staff. 17 18 Mr. Nielsen indicated that there is oversight now, but it would be better to have additional staff 19 to separate the duties further. 20 21 Mayor Marty commented on the finding of the City not paying within 35 days. He then said that 22 there were a couple that were purposely held back to ensure that the contractor did what he said 23 he would do. 24 25 Finance Director Beer indicated that disputed claims are exempt from the 35 day requirement. 26 27 Mayor Marty noted that for public safety the actual and budget were different and he is 28 wondering why the public safety budget was exceeded. 29 30 Finance Director Beer indicated that the command vehicle contributed, but it was also fuel 31 increases and overtime. 32 33 Mayor Marty said that he is a little concerned about the operating results of the sanitary sewer 34 fund, because it looks like it is starting to dip below the expenses. 35 36 Mayor Marty commented on future street reconstruction. He is glad that the goals and changes in 37 the program were noted. 38 39 Mayor Marty thanked the audit firm on behalf of the City for the thorough and comprehensive 40 review of the City’s finances. 41 42 7. COUNCIL BUSINESS 43 44 Mounds View City Council May 27, 2008 Regular Meeting Page 3 A. Public Hearing to Consider an Easement Vacation at Greenfield Estates 1 Apartments. 2 3 Clerk Administrator Ericson reviewed the requested easement vacation at Greenfield Estates 4 Apartments. He then asked that the public hearing be opened and continued to June 9, 2008 to 5 allow time for comments from Rice Creek Watershed District. 6 7 Mayor Marty opened the public hearing. 8 9 MOTION/SECOND: Mueller/Hull. To Continue the Public Hearing to June 9, 2008. 10 11 Ayes – 5 Nays – 0 Motion carried. 12 13 B. Resolution 7274 Authorizing Completion of the Plans and Specifications and 14 Solicitation of Quotes for the Pinewood Storm Sewer Repair 15 16 Joe Rhein, consultant engineer from Bonestroo, reviewed the report on the Pinewood storm 17 sewer situation noting that Bronson Drive was reconstructed in 1996, and storm sewer was 18 extended from Bronson and Bell Lane North to a wetland along the eastern edge of Pinewood 19 Elementary School. Not long after installation the pipe began to float as the water pressure 20 increased and it heaved out of the ground in 2000. It was also found that there was a crack and 21 the joint was beginning to pull apart. In 2004 the public works director asked them to review it 22 and recommend repair. 23 24 Mr. Rhein indicated that the crack in the pipe is large enough for a small child to climb into and 25 it needs to be repaired. Public Works staff have secured the area to prevent anyone from 26 climbing into it. Joe indicated that this issue is a hazard that needs to be repaired and cannot wait 27 until the planned fix in 2009. Engineering costs are estimated to be between $6,000 and $7,000 28 and estimated construction costs are $45,000. 29 30 Mr. Rhein indicated that they would recommend coordinating permission to use the school 31 property for access to the site to replace the pipe. The school has indicated that during the month 32 of July there is little activity planned at the school, so July would be an excellent time to get the 33 job done. 34 35 Mayor Marty asked whether it was appropriate to separate out the engineering from the project 36 cost to keep the cost under the $50,000 bid requirements. 37 38 Finance Director Beer indicated that they are two separate items. 39 40 MOTION/SECOND: Stigney/Mueller. To Waive the Reading and Approve Resolution 7274, A 41 Resolution Authorizing Completion of the Plans and Specifications and Solicitation of Quotes 42 for the Pinewood Storm Sewer Repair. 43 44 Mounds View City Council May 27, 2008 Regular Meeting Page 4 Ayes – 5 Nays – 0 Motion carried. 1 2 C. Resolution 7275, Authorizing a Gambling Permit for Merrick, Inc., to 3 Conduct Charitable Gambling at Robert’s Sports Bar and Entertainment 4 5 Assistant Administrator Crane explained the requested gambling permit for Merrick, Inc., to 6 conduct charitable gambling at Robert’s Sports Bar and Entertainment noting all Code 7 requirements are met with this request. 8 9 Council Member Mueller asked whether there is a date when Roberts will be open. 10 11 Assistant Administrator Crane indicated she did not know. 12 13 Council Member Mueller asked whether Merrick is aware that Roberts is not open at this time. 14 15 Assistant Administrator Crane indicated that Merrick is aware of that, and the permit is valid for 16 two years from the date of issuance. 17 18 Council Member Mueller asked what type of non-profit charitable gambling occurs and how the 19 money is used. 20 21 John Wayne Barker of Merrick, Inc., addressed Council and explained that they intend to operate 22 pull tabs and meat raffles, and said that Merrick provides occupational assistance to people with 23 disabilities. 24 25 MOTION/SECOND: Mueller/Stigney. To Waive the Reading and Approve Resolution 7275, a 26 Resolution Authorizing a Charitable Gambling Permit for Merrick, Inc., to Conduct Charitable 27 Gambling at Robert’s Sports Bar and Entertainment. 28 29 Ayes – 5 Nays – 0 Motion carried. 30 31 D. Resolution 7276, Authorizing a Gambling Permit for Lake Region Hockey 32 Association to Conduct Charitable Gambling at Moe’s. 33 34 Assistant Administrator Crane explained that Lake Region Hockey Association has requested 35 authorization to conduct charitable gambling at Moe’s. Staff recommends approval as all Code 36 requirements have been met with this request. 37 38 MOTION/SECOND: Flaherty/Mueller. To Waive the Reading and Approve Resolution 7276, 39 Authorizing a Gambling Permit for Lake Region Hockey Association to Conduct Charitable 40 Gambling at Moe’s. 41 42 Ayes – 5 Nays – 0 Motion carried. 43 44 Mounds View City Council May 27, 2008 Regular Meeting Page 5 E. Resolution 7277, Authorizing Step Increases for Officer Ben Knitter and 1 PSO Justin Solberg 2 3 Assistant Administrator Crane reviewed the recommended step increase request for Officer Ben 4 Knitter and PSO Justin Solberg and recommended approval. 5 6 MOTION/SECOND: Mueller/Hull. To Waive the Reading and Approve Resolution 7277, 7 Authorizing Step Increases for Officer Ben Knitter and PSO Justin Solberg. 8 9 Ayes – 5 Nays – 0 Motion carried. 10 11 F. Resolution 7278, a Resolution Authorizing the Hire of Kenneth Roberts to 12 the Position of Community Development Director 13 14 Assistant Administrator Crane reviewed the interviewing process and recommended approval of 15 Mr. Kenneth Roberts for the position of Community Development Director. 16 17 Council Member Mueller asked if the banked vacation time was a negotiation and whether the 18 salary was sufficient. 19 20 Assistant Administrator Crane indicated that Mr. Roberts was satisfied with the salary 21 requirements and had requested the banked five days. 22 23 Mayor Marty indicated he had discussed this candidate with Mr. Ericson, and Mr. Ericson has 24 said that he is confident in this candidate. 25 26 MOTION/SECOND: Mueller/Marty. To Waive the Reading and Approve Resolution 7278, a 27 Resolution Authorizing the Hire of Kenneth Roberts to the Position of Community Development 28 Director. 29 30 Ayes – 5 Nays – 0 Motion carried. 31 32 33 G. First Reading and Introduction of Ordinance 806, Adopting a Five Year 34 Financial Plan for 2009 through 2013. 35 36 Finance Director Beer explained that the City’s Charter requires a five year plan to be presented 37 at a public hearing and adopted by Ordinance. This is the introduction of Ordinance 806 38 outlining the five year financial plan for 2009 through 2013. 39 40 Finance Director Beer indicated that the City is set to receive an additional $521,000 in local 41 government aid. 42 43 Finance Director Beer reviewed the Capital Improvement Plan with the Council. 44 45 Mounds View City Council May 27, 2008 Regular Meeting Page 6 Council Member Flaherty said that local government aid of an additional $521,000 is a nice 1 bonus, so he would like to look at another zero percent increase. 2 3 Council Member Stigney agreed. 4 5 Mayor Marty indicated that a zero percent increase can be the goal, but there is a lot of discussion 6 that still needs to occur. 7 8 Council Member Mueller said that a levy increase does not always mean that a resident’s taxes 9 will go up. 10 11 Mayor Marty noted under revenues there is $4,265, and he is wondering what that is. 12 13 Finance Director Beer indicated it was a grant that was received. 14 15 Mayor Marty asked whether the irrigation system at City Hall is being done, as he has not seen 16 anything on it. 17 18 Mayor Marty noted that Well No. 4 is scheduled for the year 2010, and he is wondering if any of 19 the funds are from Medtronic. 20 21 Mayor Marty said that he was looking at the facts and figures, and in 2014 Random Park 22 Building is scheduled to be resided and he is thinking about suggesting steel or new types of 23 siding, because now there is siding that lasts 20 to 50 years, but 2014 is a long way out. 24 25 Mayor Marty ,for 2014, County Road 10 southeast and northwest end gateway sign for $297,000 26 and $165,000, said that seems a bit high to him. 27 28 Finance Director Beer indicated that these have been removed from the CIP. 29 30 Mayor Marty, said that for 2013 expenditures, there are streets and highways for approximately 31 $6,000,000, and he thought that there was only the 2009 big project. 32 33 Finance Director Beer indicated that in 2013 there is the County Road I intersection estimated at 34 $2.1 million. 35 36 MOTION/SECOND: Marty/Mueller. To Waive the Reading and Introduce Ordinance 806, 37 Adopting a Five Year Financial Plan for 2009 through 2013. 38 39 Council Member Mueller asked how pending foreclosures and vacant properties will affect the 40 budget in the next couple of years. 41 42 Finance Director Beer indicated that there was an increase in delinquent property taxes, but it 43 was only approximately $75,000, and the City could absorb that amount as well as an increase, 44 Mounds View City Council May 27, 2008 Regular Meeting Page 7 but it will affect cash flow slightly. The City will eventually get its money when the properties 1 are sold. 2 3 Ayes – 5 Nays – 0 Motion carried. 4 5 8. CONSENT AGENDA 6 7 A. Licenses for Approval 8 B. Reschedule Public Hearing for the Second Reading of Ordinance 806, 9 Adopting a Five Year Financial Plan for 2009 through 2013 from June 9, 10 2008 at 7:50pm, to June 23, 2008 at 7:05 p.m. 11 12 MOTION/SECOND: Mueller/Hull. To Approve the Consent Agenda as Presented. 13 14 Ayes – 5 Nays – 0 Motion carried. 15 16 9. JUST AND CORRECT CLAIMS 17 18 Council Member Mueller, on Page 12 expenditure of $3,975 for a public works building study 19 and she is wondering if that was the energy audit. 20 21 Finance Director Beer indicated that the energy audit was part of the cost. 22 23 MOTION/SECOND: Flaherty/Mueller. To Approve Just and Correct Claims as Presented. 24 25 Council Member Stigney asked for a copy of the study done on the public works buildings. 26 27 Ayes – 5 Nays – 0 Motion carried. 28 29 10. APPROVAL OF MINUTES 30 31 A. Executive Session Minutes, May 12, 2008. 32 33 MOTION/SECOND: Mueller/Stigney. To Approve the May 12, 2008, Executive Session City 34 Council Minutes as Presented. 35 36 Ayes – 5 Nays – 0 Motion carried. 37 38 11. REPORTS 39 40 A. Reports of Mayor and Council 41 42 Mayor Marty said that since it seems that Medtronic is basically finished with construction he 43 wanted to know if they are done and whether it is time to eliminate the temporary building 44 inspector position. 45 Mounds View City Council May 27, 2008 Regular Meeting Page 8 1 Clerk Administrator Ericson noted that there are a couple of interior build out items yet to be 2 completed but they are substantially completed. 3 4 Mayor Marty asked whether the additional building inspector that was hired will be eliminated. 5 6 Clerk Administrator Ericson indicated that the position is not in the budget for 2009. 7 8 Mayor Marty said that in the last few years he has gotten calls and people have asked him about 9 coming in to City Hall during the summer on a Friday and there are not very many people in the 10 building. Once last summer he called for Former Administrator, Kurt Ulrich and was referred to 11 Jim Ericson and then his voice mail said contact Mark Beer and his voice mail said he is out of 12 the office today. He then said that he would like to have Staff rotate days off, and he would like 13 to discuss skeleton staff in each department at a work session. 14 15 Council Member Mueller commented that Mounds View was blessed Sunday that the storms did 16 not affect the community and her heart goes out to those in Hugo and other areas that have a lot 17 of damage. 18 19 Council Member Mueller said that she attended a League of Minnesota Cities Ethics Advisory 20 Panel on May 14 and it was well attended. The next meeting is July 13 and September 30, 2008. 21 22 Council Member Mueller indicated that she would be attending a Ramsey County League of 23 Local Governments meeting on May 29, 2008. 24 25 Council Member Mueller thanked the girl scouts who were working on their gold project by 26 planting flowers and gardening in front of City Hall. 27 28 B. Reports of Staff 29 30 Clerk Administrator Ericson noted that the first Streets Task Force met and had good discussions 31 on issues with the streets. A neighborhood meeting is scheduled for Saturday, April 14, 2008 32 and notice will be provided to those residents in the project area. 33 34 Clerk Administrator Ericson indicated that Xcel is indicating that asking for an automatic shutoff 35 valve in addition to the manual shutoff is an extraordinary request. He then said that the Office 36 of Pipeline Safety has indicated that an automatic shutoff would be above and beyond a normal 37 request of Xcel. 38 39 Attorney Riggs indicated that Council may choose what is reasonable despite the fact that the 40 automatic shutoff valve has not been done in any other location in Minnesota. 41 42 Council discussed the reasonableness of the requested automatic safety shutoff, and agreed that 43 since there was an explosion in the past, residents expect to have increased safety. 44 45 Mounds View City Council May 27, 2008 Regular Meeting Page 9 Council agreed that they would like Xcel to come up with the automatic shutoff valve as 1 requested, and/or come up with an alternative measure that is equally safe for Council to review. 2 3 C. Reports of City Attorney 4 1. Project Status Report 5 6 Attorney Riggs reviewed his memo and noted that the item on Silver Lake Woods Condominium 7 Association they have indicated that they do not like the way the assessment option is written. 8 He then explained that they are requesting that this state, that it is paid back over 10 years but 9 statutorily, the language allows for immediate payment. The Association is asking to pay over 10 10 years to bring the road up to standards, so that the City can take the street over. 11 12 Council discussed the request and agreed, as it would move the project along. 13 14 Mayor Marty asked about the CIC issue line item in the report. Attorney Riggs explained that 15 the County changed the configuration of one of the lots. The County has said that they have not 16 split any lots, but Staff does not agree with that. He then said that the County treated the request 17 as a new plat, and allowed it to move forward despite the fact that the City did nothing on it. 18 19 Attorney Riggs indicated that he will continue to work on this, to ensure that the developer is 20 aware of the fact that the City does not want any lots reconfigured over there without approval. 21 22 Council Member Mueller indicated that she would like to see this Developer work more closely 23 with the City, to follow the conditions of approval rather than doing something that the City 24 cannot do anything about. Attorney Riggs indicated that he does not believe that this was done 25 intentionally. 26 27 12. Next Council Work Session: Monday, June 2, 2008, at 7:00 p.m. 28 Next Council Meeting: Monday, June 9, 2008, at 7 p.m. 29 30 13. ADJOURNMENT 31 32 The meeting was adjourned at 9:27 p.m. 33 34 Transcribed by: 35 36 Joan Lenzmeier 37 TimeSaver Off Site Secretarial, Inc. 38 Corrections made by DesareeCrane and Rob Marty PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1 CITY OF MOUNDS VIEW 2 RAMSEY COUNTY, MINNESOTA 3 4 Regular Meeting 5 June 9, 2008 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: Marty, Stigney, Hull, Flaherty, and Mueller 16 17 NOT PRESENT: None. 18 19 4. APPROVAL OF AGENDA 20 21 Clerk Administrator Ericson added consideration to cost share expenses associated with 22 irrigation repairs at 7400 Park View Drive. 23 24 A. Monday, June 9, 2008, City Council Agenda 25 26 MOTION/SECOND: Mueller/Stigney. To Approve the Monday, June 9, 2008 Agenda as 27 Amended. 28 29 Ayes – 5 Nays – 0 Motion carried. 30 31 5. PUBLIC INPUT 32 33 Jim Batten of 2332 Laporte addressed Council and said that he would like the City Council to 34 discuss with the Legislators the possibility of a soundwall. 35 36 6. SPECIAL ORDER OF BUSINESS 37 38 A. Senator Betzold and Representative Tillberry will be Present to Discuss the 39 Legislative Session with the City Council. 40 41 Senator Betzold and Representative Tillberry appeared before Council and provided an update on 42 legislative progress during the 2008 legislative session. Mounds View saw an increase in local 43 government aid. 44 45 Mounds View City Council June 9, 2008 Regular Meeting Page 2 Senator Betzold provided an explanation of how the local government aid issue was resolved and 1 the compromises involved. 2 3 Council Member Flaherty indicated that he had read about putting soundwalls along HWY 280 4 which cost $1,000,000 per mile, so the $300,000 will be a quarter of a mile. He then said that he 5 would like to shift the wall down along Laporte as the City had requested. 6 7 Mayor Marty thanked Senator Betzold for the information on local government aid and said that 8 the City will not budget for any future LGA funding.. 9 10 7. COUNCIL BUSINESS 11 12 A. Public Hearing, Resolution 7286, a Resolution to Consider an Off Sale 13 Intoxicating Liquor License Renewal for ABC Liquor Located at 2840 14 County Highway 10. 15 16 Assistant Clerk Administrator Crane noted that all required documentation has been received but 17 noted that the license would be contingent upon the background information coming back 18 positively. Staff recommends approval. 19 20 Mayor Marty opened the public hearing at 7:31 p.m. 21 22 Hearing no public comment, Mayor Marty closed the public hearing. 23 24 MOTION/SECOND: Flaherty/Mueller. To Waive the Reading and Approve Resolution 7286, a 25 Resolution to Consider an Off Sale Intoxicating Liquor License Renewal for ABC Liquor 26 Located at 2840 County Highway 10. 27 28 Ayes – 5 Nays – 0 Motion carried. 29 30 B. Public Hearing, Resolution 7287, a Resolution to Consider an Off Sale 31 Intoxicating Liquor License Renewal for Vino & Stogies Located at 2345 32 County Road H2. 33 34 Mayor Marty opened the public hearing at 7:32 p.m. 35 36 Assistant Clerk Administrator Crane noted that all required documentation has been received, but 37 noted that the license would be contingent upon a satisfactory background investigation. Utility 38 bills must be brought current. Staff recommends approval pending payment of utility bills and 39 background investigation information. 40 41 Hearing no public comments, Mayor Marty closed the public hearing at 7:33 p.m. 42 43 Council Member Mueller indicated that there was a previous police investigation at this address. 44 She then asked if Council could assume that the investigation has been closed with no charges. 45 Mounds View City Council June 9, 2008 Regular Meeting Page 3 1 MOTION/SECOND: Mueller/Stigney. To Waive the Reading and Approve Resolution 7287, a 2 Resolution to Consider an Off Sale Intoxicating Liquor License Renewal for Vino & Stogies 3 Located at 2345 County Road H2. 4 5 Ayes – 5 Nays – 0 Motion carried. 6 7 C. Public Hearing, Resolution 7288, a Resolution to Consider an Off Sale 8 Intoxicating Liquor License Renewal for Big Top Liquor Located at 2577 9 County Highway 10. 10 11 Mayor Marty opened the public hearing at 7:34 p.m. 12 13 Assistant Clerk Administrator Crane reviewed the requested liquor license application noting that 14 Staff recommends approval pending satisfactory background investigation. 15 16 Hearing no public comments, Mayor Marty closed the public hearing at 7:36 p.m. 17 18 MOTION/SECOND: Mueller/Stigney. To Waive the Reading and Approve Resolution 7288, a 19 Resolution to Consider an Off Sale Intoxicating Liquor License Renewal for Big Top Liquor 20 Located at 2577 County Highway 10. 21 22 Ayes – 5 Nays – 0 Motion carried. 23 24 D. Public Hearing, Resolution 7289, a Resolution to Consider On Sale Wine and 25 3.2 Malt Liquor License Renewals for Taiko Sushi Bar Located at 2394 26 County Highway 10. 27 28 Mayor Marty opened the public hearing at 7:36 p.m. 29 30 Assistant Clerk Administrator Crane reviewed the requested liquor license application noting that 31 Staff recommends approval pending satisfactory background investigation. 32 33 Hearing no public comments, Mayor Marty closed the public hearing at 7:37 p.m. 34 35 MOTION/SECOND: Mueller/Flaherty. To Waive the Reading and Approve Resolution 7289, a 36 Resolution to Consider an On Sale Wine and 3.2 Malt Liquor License Renewal for Taiko Sushi 37 Bar Located at 2394 County Highway 10. 38 39 Ayes – 5 Nays – 0 Motion carried. 40 41 E. Public Hearing, Resolution 7290, a Resolution to Consider an On Sale 42 Intoxicating Liquor License Renewal for Totino’s Italian Kitchen Located at 43 2535 County Highway 10. 44 45 Mounds View City Council June 9, 2008 Regular Meeting Page 4 Mayor Marty opened the public hearing at 7:40 p.m. 1 2 Assistant Clerk Administrator Crane reviewed the requested liquor license application noting that 3 Staff recommends approval pending a satisfactory background investigation. 4 5 Hearing no public comments, Mayor Marty closed the public hearing at 7:41 p.m. 6 7 MOTION/SECOND: Flaherty/Hull. To Waive the Reading and Approve Resolution 7290, a 8 Resolution to Consider an On Sale Intoxicating Liquor License License Renewal for Totino’s 9 Italian Kitchen Located at 2535 County Highway 10. 10 11 Ayes – 5 Nays – 0 Motion carried. 12 13 F. Public Hearing, Resolution 7291, a Resolution to Consider an On Sale 14 Intoxicating Liquor License Renewal for Moe’s Located at 2400 County 15 Highway 10. 16 17 Mayor Marty opened the public hearing at 7:42 p.m. 18 19 Assistant Clerk Administrator Crane reviewed the requested liquor license application noting that 20 Staff recommends approval pending a satisfactory background investigation. Utility bills must 21 be paid in full prior to the issuance of the license. 22 23 Hearing no public comments, Mayor Marty closed the public hearing at 7:43 p.m. 24 25 MOTION/SECOND: Marty/Hull. To Waive the Reading and Approve Resolution 7291, a 26 Resolution to Consider an On Sale Intoxicating Liquor License Renewal for Moe’s Located at 27 2400 County Highway 10. 28 29 Council Member Flaherty indicated that a letter was received from the Fire Marshal regarding 30 ongoing maintenance issues with Moe’s. 31 32 Ayes – 5 Nays – 0 Motion carried. 33 34 G. Public Hearing, Resolution 7282, a Resolution to Consider an On Sale 35 Intoxicating Liquor License Renewal for Robert’s Sports Bar and 36 Entertainment Located at 2400 County Road H2. 37 38 Mayor Marty opened the public hearing at 7:44 p.m. 39 40 Assistant Clerk Administrator Crane reviewed the requested liquor license application noting that 41 Staff recommends approval pending a satisfactory background investigation. Once the 42 corrections requested by the Fire Marshal are corrected there will be a reinspection and approval 43 of the license is contingent upon both the background investigation and the Fire Marshal 44 requested corrections. 45 Mounds View City Council June 9, 2008 Regular Meeting Page 5 1 Hearing no public comments, Mayor Marty closed the public hearing at 7:45 p.m. 2 3 MOTION/SECOND: Mueller/Flaherty. To Waive the Reading and Approve Resolution 7282, a 4 Resolution to Consider an On Sale Intoxicating Liquor License Renewal for Robert’s Sports Bar 5 and Entertainment Located at 2400 County Road H2. 6 7 Council Member Stigney asked whether this is a liquor and restaurant license. 8 9 Assistant Clerk Administrator Crane indicated that this is just the liquor license. 10 11 Ayes – 5 Nays – 0 Motion carried. 12 13 H. Public Hearing, Resolution 7283, a Resolution to Consider an On Sale 14 Intoxicating Liquor License Renewal for The Mermaid Located at 2200 15 County Highway 10. 16 17 Mayor Marty opened the public hearing at 7:46 p.m. 18 19 Assistant Clerk Administrator Crane reviewed the requested liquor license application noting that 20 the license approval would be contingent upon a satisfactory background investigation. Utility 21 bills must be paid in full prior to the issuance of a license and Staff learned that they are current 22 on property taxes as of 4:30 p.m. today. 23 24 MOTION/SECOND: Mueller/Marty. To Waive the Reading and Approve Resolution 7283, a 25 Resolution to Consider an On Sale Intoxicating Liquor License Renewal for the Mermaid located 26 at 2200 County Highway 10. 27 28 Council Member Flaherty noted that the letter from the Fire Marshal was received by Council 29 and there are some items that need tending to. 30 31 Ayes – 5 Nays – 0 Motion carried. 32 33 I. Public Hearing, Resolution 7292, a Resolution to Consider an Off Sale 3.2 34 Malt Liquor License for SuperAmerica Located at 2840 County Road I. 35 36 Mayor Marty opened the public hearing at 7:50 p.m. 37 38 Assistant Clerk Administrator Crane reviewed the requested liquor license application noting that 39 approval is subject to a satisfactory background investigation. 40 41 Hearing no public comments, Mayor Marty closed the public hearing at 7:51 p.m. 42 43 Mounds View City Council June 9, 2008 Regular Meeting Page 6 MOTION/SECOND: Stigney/Mueller. To Waive the Reading and Approve Resolution 7292, a 1 Resolution to Consider an Off Sale 3.2 Malt Liquor License for SuperAmerica Located at 2840 2 County Road I. 3 4 Ayes – 5 Nays – 0 Motion carried. 5 6 J. Continued Public Hearing, First Reading of Ordinance 809 to Vacate a 7 Surface Water Easement at Greenfield Estates Apartments, 7521 – 7661 8 Greenfield Avenue & 2370 County Road I. 9 10 Clerk Administrator Ericson explained that this request was before Council at the last meeting 11 and the public hearing continued to allow the applicant to fully discuss the engineering and 12 surface water management with Rice Creek Watershed District. Their engineers are reviewing 13 the Rice Creek Watershed District requirements. This is in regard to the garage buildings they 14 would like to construct on the property. 15 16 Mayor Marty asked if anyone would like to speak. 17 18 Dan Tilsen from XX Engineering hired to work on this issue by the property owner said that he is 19 here to answer any questions. 20 21 Council Member Flaherty indicated that he supports the property owner wanting to upgrade for 22 safety of residents and improvement of the property. 23 24 Council Member Mueller said that there were break ins as the fact that the garages did not face 25 the apartments created an area to hang out. She then said that she supports the vacation. 26 27 Mayor Marty suggested the channel be dug deeper to allow for more capacity. 28 29 Mayor Marty closed the public hearing at 8:00 p.m. 30 31 MOTION/SECOND: Flaherty/Mueller. To Waive the Reading and Introduce Ordinance 809 to 32 Vacate a Surface Water Easement at Greenfield Estates Apartments, 7521 – 7661 Greenfield 33 Avenue & 2370 County Road I. 34 35 Mayor Marty indicated that this has been in the works for a while, and this will help to fix an 36 existing problem and provide a solution for security. 37 38 Ayes – 5 Nays – 0 Motion carried. 39 40 K. Resolution 7279, County Road 10 Trailway Project: Segments 1 – 5. 41 Approving the Feasibility Report, Ordering the Project with Revised Scope 42 and Authorizing the Plans and Specifications. 43 44 Mounds View City Council June 9, 2008 Regular Meeting Page 7 Joe Rhein appeared before Council and provided an overview of the requested approval of the 1 County Road 10 trailway project. The Feasibility Report was completed in 2007 and the City 2 secured a federal grant for the project. The Council decided not to move forward due to the 3 increased costs. Joe indicated that Staff provided a funding analysis at the March 3, 2008 4 workshop. Based upon that analysis, Council directed Staff to revise the scope of the project and 5 move forward. 6 7 Joe Rhein indicated that the Council would like to move forward with grading of the trail, 8 lighting, and minimize or eliminate the landscaping and unnecessary amenities at this time. 9 10 Joe Rhein explained that the federal funds would be available in 2009 making a 2009 11 construction project timely. He then said that they met with staff at Mn/DOT to revise the plans 12 to identify what items need to stay in the plan to maintain and meet the funding requirements. 13 14 Joe Rhein indicated that they were able to reduce by about $400,000 from $1,676,000 down to 15 $1,275,000. This is much closer to the CIP estimate back in 2006. 16 17 Joe Rhein provided information on the public hearings noting that the legal requirements for 18 notification were met, and that they sent a courtesy mailing out notifying residents of this project. 19 20 Council Member Flaherty questioned where the funds would come from to fund the remainder of 21 this project. He then asked if this step is approved what would the cost be if , after the federal 22 review, they require that everything that was originally in the plan needs stay in the plan, and 23 how we fund it. 24 25 Joe Rhein explained that there is nothing in writing from Mn/DOT but the scope laid out and the 26 number of plants left in the project are adequate, and will meet the requirements of the federal 27 funding. 28 29 Council Member Mueller commented that the priority is roads and infrastructure, and she is 30 wondering where this project fits in with the other priorities of the City. 31 32 Mayor Marty said that he would hate to lose the $500,000 in federal funds, so he feels like the 33 City is committed to this. 34 35 Council Member Stigney asked for clarification on the possibility of having to bond for the 36 streets project. 37 38 Clerk Administrator Ericson explained that the City cannot levy the additional $400,000 for 39 streets due to levy limits imposed by the legislature. 40 41 Mayor Marty indicated that he would like to try seeding the turf to be established. He then said 42 that he would also like to use natural grasses and flowers to avoid having to mow. 43 44 Mounds View City Council June 9, 2008 Regular Meeting Page 8 Mayor Marty said he would like to consider having groups adopt areas to be planted. He then 1 said that he would like to remove decorative lights from the project at this time to save money. 2 3 Council Member Mueller asked whether the City would be a candidate for a Walkable 4 Communities grant. 5 6 Staff explained that this federal grant was the only one approved. 7 8 Council asked that Staff look into memorial benches for along the trail as well. 9 10 Council Member Stigney asked about lighting and whether more standard lights would be 11 required. 12 13 Joe indicated that he would need to research the differences in lighting. 14 15 Council Member Stigney indicated that he would like decorative lighting in the spots where there 16 is decorative lighting across the street, and standard lighting in other locations. 17 18 MOTION/SECOND: Marty/Hull. To Waive the Reading and Approve Resolution 7279, County 19 Road 10 Trailway Project: Segments 1 – 5. Approving the Feasibility Report, Ordering the 20 Project with Revised Scope and Authorizing the Plans and Specifications. 21 22 Council Member Flaherty said that he does not agree with going back to standard lighting, 23 because the idea of the corridor is to give it a face lift and let people know they are in Mounds 24 View. 25 26 Council asked that the lighting issue be discussed at a work session. 27 28 Ayes – 5 Nays – 0 Motion carried. 29 30 Mr. Werner asked if the trailway is another glorified bike path, and if it is he is wondering why it 31 is necessary, if there is one on the other side. 32 33 Mayor Marty indicated that the City is trying to improve safety for the residents that walk and 34 bike in the area. 35 36 L. First Reading of Ordinance 807, an Ordinance Amending Title 600 of the 37 Mounds View City Code by Adding a New Chapter 610 Relating to Ultimate 38 Fighting. 39 40 Assistant Clerk Administrator Crane introduced Ordinance 807. 41 42 Council Member Mueller thanked staff and the attorney for the efforts this took. 43 44 Mounds View City Council June 9, 2008 Regular Meeting Page 9 MOTION/SECOND: Mueller/Stigney. To Waive the Reading and Introduce Ordinance 807, an 1 Ordinance Amending Title 600 of the Mounds View City Code by Adding a New Chapter 610 2 Relating to Ultimate Fighting. 3 4 Council Member Flaherty said that there is no information on what this does, or what the state 5 laws or requirements are for this. 6 7 Mayor Marty said that if the state decides to regulate the conditions of this sport, then the City 8 can revisit the Ordinance for amendment. 9 10 Ayes – 5 Nays – 0 Motion carried. 11 12 M. First Reading of Ordinance 808, an Ordinance Amending Title 600 of the 13 Mounds View City Code by Adding a New Chapter 611 Relating to Special 14 Events. 15 16 Assistant Clerk Administrator Crane reviewed Ordinance 808, an Ordinance Amending Title 600 17 to regulate special events within the City. She then noted that the Ordinance does not cover 18 National Night Out. 19 20 Clerk Administrator Ericson noted that feedback was received from the City Attorney’s office, 21 and there are some edits that can be made to the types of events that would not be subject to this 22 Ordinance. 23 24 Mayor Marty noted that permits are required for any special events, and he was wondering about 25 how no alcohol would affect a city sponsored event like Festival in the Park, if in the future, the 26 City would want to have a beer garden. In Subd. 2 Section C he would like to add certain ending 27 times for specific types of events that may include a live band or amplified sound. 28 29 Mayor Marty said he would like to state that clean up of site within 24 hours or something to that 30 effect, and if the City has to clean it up, all fees will be paid by the permit holder. He then said 31 that he would like to add language that is site specific regarding noise or amplified sound. 32 33 Clerk Administrator Ericson said that he would suggest when looking at Page 5 these are permit 34 conditions much like a conditional use permit. He then said that all conditions would be listed in 35 the Resolution, and that can be site specific, or event specific as there would be no way to do that 36 in the Code. 37 38 Council Member Mueller asked how far in advance a resident would need to plan ahead in order 39 to get the permit. Clerk Administrator Ericson indicated that they must apply 30 days in 40 advance. 41 42 Council Member Mueller asked whether the Police Chief has reviewed this matter and 43 commented. 44 45 Mounds View City Council June 9, 2008 Regular Meeting Page 10 Council Member Stigney asked Staff to review whether a mini wee fest type thing that could be 1 scheduled and sell admission on public land. 2 3 Clerk Administrator Ericson indicated that with City land the City has the discretion to say yes or 4 no to any event. 5 6 MOTION/SECOND: Hull/Stigney. To Waive the Reading and Introduce the First Reading of 7 Ordinance 808, an Ordinance Amending Title 600 of the Mounds View City Code by Adding a 8 New Chapter 611 Relating to Special Events. 9 10 Ayes – 5 Nays – 0 Motion carried. 11 12 N. Resolution 7281, Consideration of a Proposal from Springsted for 13 Compensation Study Assistance. 14 15 Clerk Administrator Ericson indicated that Council asked to review compensation and Staff 16 recommends approval of the Resolution to approve the proposal from Springsted to conduct the 17 compensation study. 18 19 Council Member Stigney indicated that a study was already conducted that established a group of 20 comparable cities, and so he would ask that whomever does this study takes that into 21 consideration. He then said that City Code is based upon the Stanton survey that is no longer 22 applicable, so he would like to ask what the other cities use and how often this is done. 23 24 MOTION/SECOND: Marty/Flaherty. To Waive the Reading and Approve Resolution 7281, 25 Consideration of a Proposal from Springsted for Compensation Study Assistance. 26 27 Council Member Mueller said she felt that Council Member Stigney brought up good questions 28 and she would like the information as well. 29 30 Ayes – 5 Nays – 0 Motion carried. 31 32 O. Consideration of Cost Sharing Expenses Associated with Irrigation Repairs 33 at 7400 Parkview Drive 34 35 Clerk Administrator Ericson explained that the lines were marked for irrigation repairs, but it 36 turned out that they could not go down to the water shutoff and turn it off and pull out the pipe. 37 This repair is the worst one that Staff has ever seen. The property owner has incurred $2,300 in 38 expenses for restoration. 39 40 Clerk Administrator Ericson indicated that this is an extraordinary circumstance, and Staff agrees 41 that some financial participation would be appropriate. Mr. Miehlhouse has asked for assistance 42 on the portion that amounts to $1,299.00. 43 44 Mounds View City Council June 9, 2008 Regular Meeting Page 11 Mayor Marty said that he would like to have Staff ask the property owners to mark the entire 1 line. 2 3 Council Member Stigney asked if property insurance would cover any of this, and then said that 4 he would like the property owner to contact his insurance company. 5 6 Council asked that the property owner be contacted to ask him whether or not he has contacted 7 his insurance company regarding this matter. 8 9 8. CONSENT AGENDA 10 A. Licenses for Approval 11 B. Schedule a Public Hearing for Monday, June 23, 2008, at 7:10 p.m. for a 12 Second Reading of Ordinance 807, an Ordinance Amending Title 600 of the 13 Mounds View City Code by Adding a New Chapter 610 Relating to 14 Ultimate Fighting. 15 C. Schedule a Public Hearing for Monday, June 23, 2008 at 7:15 p.m. for a 16 Second Reading of Ordinance 808, an Ordinance Amending Title 600 of the 17 Mounds View City Code by Adding a New Chapter 611 Relating to Special 18 Events. 19 D. Schedule a Public Hearing for Monday, June 23, 2008, at 7:20 p.m. to 20 Consider an Outdoor Liquor Endorsement for Moe’s Located at 2400 21 County Highway 10. 22 E. Schedule a Public Hearing for Monday, June 23, 2008 at 7:25 p.m., to 23 Consider an Outdoor Liquor Endorsement for Totino’s Italian Kitchen 24 Located at 2535 County Highway 10. 25 F. Resolution 7280, Authorizing the Advertisement for the Part-Time Cable TV 26 Technician 27 28 Council Member Mueller requested that Item F be removed for discussion. 29 30 MOTION/SECOND: Flaherty/Mueller. To Approve Consent Agenda items A, B, C, D, and E 31 as Presented. 32 33 Ayes – 5 Nays – 0 Motion carried. 34 35 F. Resolution 7280 Authorizing the Advertisement for the Part-Time Cable TV 36 Technician 37 38 Council Member Mueller asked what the process would be for this hire, and how many hours per 39 week this person would work. 40 41 Assistant Clerk Administrator Crane indicated the hours would be 20 hours per week. 42 43 MOTION/SECOND: Mueller/Flaherty. To Approve Resolution 7280, Authorizing the 44 Advertisement for the Part-Time Cable TV Technician. 45 Mounds View City Council June 9, 2008 Regular Meeting Page 12 1 Council Member Stigney asked the average number of hours that the previous cable technician 2 logged. 3 4 Clerk Administrator Ericson said that the hours have varied over time depending upon who is in 5 the cable coordinator position. It has decreased as of late, so he is not sure of the true average, 6 but it is less than 20 hours. 7 8 Mayor Marty publicly thanked Dave Olson who kept the City on the air for a lot of years, and 9 who has done an excellent job. 10 11 Ayes – 5 Nays – 0 Motion carried. 12 13 Mr. Meehlhouse arrived at this point in the meeting and asked Council to discuss his matter. He 14 then said that he called his insurance company and they will not cover sod repair, but 15 homeowner’s would cover sprinkler repair beyond the amount of the deductible, and they have a 16 $5,000 deductible. 17 18 Mr. Meehlhouse said that there is a sprinkler system pipe that is exposed and that pipe got 19 broken. 20 21 Council Member Flaherty indicated that he would be willing to have the City take on half, of the 22 $2,300 that has been requested. 23 24 Council Member Stigney said that he could agree to the suggestion of funding half but he would 25 also like Staff to take this as a learning situation and take steps to ensure that this is not an issue 26 in the future. 27 28 Council Member Mueller said that the total bottom line was $2,300 invoiced to Mr. Meehlhouse, 29 and if the typical repair was successful, the Miehlhouses would not have been charged for the 30 250 linear feet of sod. She then said that Mr. Miehlhouse has made a reasonable request of the 31 $1,300. 32 33 Council Member Hull agreed with Council Member Mueller to fund the $1,299.10. 34 35 Clerk Administrator Ericson said that all property owners save some money already due to the 36 maintenance program, however, he does feel that Mr. Meehlhouse should be paid something, and 37 half of the requested amount seems fair. 38 39 Mayor Marty indicated that they had a repair in their yard and it took a couple of years to get the 40 lawn back, and it was a small area compared to this. 41 42 MOTION/SECOND: Marty/Stigney. To Approve the City Paying Half of the Cost of the 43 $1,300 sprinkler repair. 44 45 Mounds View City Council June 9, 2008 Regular Meeting Page 13 Council Member Stigney said that because of the extreme problem at this site he can support 1 this. 2 3 Ayes – 5 Nays – 0 Motion carried. 4 5 9. JUST AND CORRECT CLAIMS 6 7 Council Member Mueller, Page 4, on the squad repair she would like to know if this is covered 8 by insurance. 9 10 Clerk Administrator Ericson indicated the amount is well below the deductible. 11 12 Council Member Mueller Page 10, water jet nozzle insert, she is wondering what that is. 13 14 Clerk Administrator Ericson will review and report back. 15 16 MOTION/SECOND: Flaherty/Mueller. To Approve Just and Correct Claims as Presented. 17 18 Ayes – 5 Nays – 0 Motion carried. 19 20 10. APPROVAL OF MINUTES 21 22 A. May 12, 2008, City Council Minutes 23 24 Mayor Marty on Page 4, at the bottom, Line 45 “Finance Director Beer indicated that the product 25 used is not harmful to people or pets.” Page 5, Line 31 as amended no listing of amended. Line 26 45, insert “on”. Page 5, from Lines 13 to 21 some changes are in quotes and some were not so he 27 added quotes for consistency. Page 6, Line 3, Thursday, and he spoke with Steve Mahley and 28 Jim Dreissen. Line 9, insert “all other than Council Member Hull attended the grand opening”. 29 Line 23, for sign on the left of Silver Lake Road insert and “County Road H”. 30 31 Council Member Mueller, Line 22, add that the blue color on the sign catches your eye. Line 31 32 change Task Force to Committee. 33 34 MOTION/SECOND: Mueller/Marty. To Approve the May 12, 2008, City Council Meeting 35 Minutes as Amended. 36 37 Ayes – 5 Nays – 0 Motion carried. 38 39 11. REPORTS 40 41 A. Reports of Mayor and Council 42 43 Mayor Marty said that he spent a lot of time on the phone with Mr. Hall of The Mermaid and he 44 said he was disappointed about a letter he wrote to the City a month ago and he has received no 45 Mounds View City Council June 9, 2008 Regular Meeting Page 14 response whatsoever. He then said that he had informed Mr. Hall that Council Member Mueller 1 wrote a letter , but Mr. Hall said he has not seen it. 2 3 Mayor Marty asked for another copy of the letter, and said that he is going to meet with Charlie 4 and Dan Hall in the next few days, and he has discussed with Jim setting up a meeting to go over 5 things to work on clarification. 6 7 Council Member Mueller said that on May 6, 2008 she sent a letter hand addressed to The 8 Mermaid attention Charlie Hall 2200 Highway 10 in Mounds View, and the letter is a page and 9 ¾, and it was her personal response to the letter. She then said that she provided copies to staff 10 and Council. She further said that she has a copy of the letter if staff needs one. 11 12 Council Member Mueller said that the summer edition of Mounds View Matters is out. The 13 Festival in the Park is a two-day event August 16 and 17, 2008 and the information is in the 14 Mounds View Matters. 15 16 Clerk Administrator Ericson noted that the park and recreation information is incorrect in 17 Mounds View Matters and a supplement will be sent out with the correct information. 18 19 Mayor Marty indicated that there is a soccer camp that did not make the printing deadline that 20 could be added to the supplement. 21 22 Council Member Mueller noted that on June 14th the Street and Utilities Committee meets. 23 24 Council member Mueller said that she is attending a League of Minnesota Cities conference and 25 she looks forward to it. 26 27 B. Reports of Staff 28 29 Clerk Administrator Ericson indicated he had provided a copy of the report on public works 30 buildings as requested. He then reminded Council that the mini retreat is scheduled for 31 September 29, 2008. 32 33 1. Cable TV – EDC Meeting 34 35 Ms. VanAlstine discussed with Council having a master control operator at the Friday morning 36 EDC meetings. The new contract with the cable company if services are requested outside of 37 regular time, they will pass the cost to the cities, and Staff estimates that 12 EDC meetings at 2 38 hours would take 24 hours out of the hundred hours allowed. 39 40 Ms. VanAlstine indicated that not having a master control operator on hand at the EDC meetings 41 should not be an issue, as the machines can all be preprogrammed, and the staff person will stop 42 the recording, do the trimming, and replay them. If there is an issue, the meeting is recorded 43 locally, and that copy could be used to replay. Staff recommends that the City not staff the early 44 morning EDC meetings, and there should not be any interruption of service. She then clarified 45 Mounds View City Council June 9, 2008 Regular Meeting Page 15 that the contract allows for later than 11:00 p.m. meetings, and cities have not been charged for 1 them. 2 3 Council agreed to the Staff recommendation. 4 5 Council Member Mueller thanked Ms. VanAlstine for her efforts on this and other matters. 6 7 C. Reports of City Attorney 8 9 None. 10 11 12. Next Council Work Session: Monday, July 7, 2008, at 7:00 p.m. 12 Next Council Meeting: Monday, June 23, 2008, at 7 p.m. 13 14 13. ADJOURNMENT 15 16 The meeting was adjourned at 10:46 p.m. 17 18 Transcribed by: 19 20 Joan Lenzmeier 21 TimeSaver Off Site Secretarial, Inc. 22