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HomeMy WebLinkAboutAgenda Packets - 2007/01/08Revised as of 1-8-07 @430pm CITY OF MOUNDS VIEW CITY COUNCIL MEETING AGENDA MOUNDS VIEW CITY HALL Monday, January 8, 2007 7:00 p.m. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE – Boy Scout Troop 367 will be conducting the pledge. 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 - NONE A. Presentation by Kari Murlowski re: Alternative Wellness Center 7. COUNCIL BUSINESS A. Public Hearing 7:05pm to Consider Resolution 6991, a Conditional Use Permit for an Oversize Garage at 8410 Knollwood Drive; Planning Case CU2006-010. B. Public Hearing 7:10pm Second Reading and Adoption of Ordinance 782, an Ordinance Amending Section 7.10 of the Mounds View City Charter pertaining to Indebtedness. C. Resolution 6998, Resolution of Support for Sale of Fire Station 3 Located at 1314 109th Avenue NE in Blaine. D. Resolution 6995, Approval of the TimeSaver Recording Secretary Contract Addendum for 2007. E. Resolution 6996, Severance package for Tim Pittman, Mounds View Public Works Supervisor. F. Resolution 6997, Step Increase for Sgt Steve Menard, Mounds View Police Department. G. Resolution 7001, Approving the Plans and Specifications and Authorizing the Advertisement for Bids and Setting a Bid Date for the County Road 10 Trailway Project: Segments 9&10 8. CONSENT AGENDA A. License for Approval B. Resolution 6999 Adopting Modifications to Section 1.1 and 4.1.A of the City’s Purchasing Policy. C. Resolution 7000 Approving an Agreement for Maintenance and EVP System Agreement for the Traffic Control Signals at County Road J and Xylite Street, and County Road J and Coral Sea Street D. Resolution 7002, Approving to Hire a Replacement for a Part Time Cable TV Operator in the Mounds View Cable Department. E. Set a Public Hearing for 7:05pm for Monday, January 22, 2007, to Consider a Civil Penalty and Suspension of an Off-Sale Intoxicating Liquor Business License for ABC Liquor located at 2840 County Highway 10 in Mounds View. 9. JUST AND CORRECT CLAIMS 10. APPROVAL OF MINUTES A. City Council Minutes, December 11, 2006. 11. REPORTS A. Reports of Mayor and Council B. Reports of Staff C. Reports of City Attorney 12. Next Council Work Session: Monday, February 5, 2007 @7pm Next Council Meeting: Monday, January 22, 2007 @7pm Item No. 06A Meeting Date: January 8, 2007 Type of Business: Special City Administrator Review _______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Assistant to the City Administrator Item Title/Subject: Presentation by Kari Murlowski – Alternative Wellness Kari Murlowski would like to speak to the City Council about Alternative Wellness. At the December 4, 2006, Work Session, it was discussed about the techniques that Ms. Murlowski would like to use for her business located at Mounds View Square. The City Council decided not to grant Ms. Murlwoski a therapeutic massage license because her techniques are not compliant with the current Mounds View City Code. Ms. Murlowski would like to speak and educate the City Council about the techniques she uses and she will be demonstrating these techniques at this meeting. Attached is the Work Session Staff Report with supporting documentation for your reference. Respectfully submitted, Desaree Crane Item No: 07B Meeting Date: January 8, 2007 Type of Business: PH/CB City Administrator Review: _______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree M. Crane, Assistant to the City Administrator Item Title/Subject: Second Reading of Ordinance 782, an Ordinance Amending Section 7.10 of the Mounds View City Charter Referring to City Indebtedness Attached is Ordinance 782, an Ordinance Amending Section 7.10 of the Mounds View City Charter. A first reading of this Ordinance was reviewed by the City Council at the December 11, 2006, City Council Meeting. The intent of the Charter Commission with this amendment is to clarify language in the City Charter relating to City Indebtedness. Both the Charter Commission and the City Attorney have reviewed the language and request the amendment be approved by Ordinance. Consistent with state law, the ordinance would go into effect 90 days after unanimously being adopted by the City Council. Recommendation: Staff recommends the City Council open the Public Hearing for public comment, and adopt Ordinance 782. Respectfully submitted, Desaree Crane ORDINANCE NO. 782 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING THE MOUNDS VIEW CITY CHARTER BY AMENDING SECTION 7.10 OF THE CITY CHARTER 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 Section 7.10, of the City Charter be amended by the addition of the bold and double-underlined language and by the deletion of the bold and stricken language as follows: Section 7.10. City Indebtedness Subdivision 1. Except as provided in Sections 7.11 and 7.12, no obligation shall be issued to pay current expenses, but the Council may issue and sell obligations for any other municipal purpose in accordance with state law and within the limitations prescribed by law. Except in the case of obligations for which an election is not required by this Chapter or by state law, noAll such obligations shall be issued and sold only without the approval of the majority of the voters voting on the question at a general or special election, except in the case of obligations for which an election is exempted by this Charter or by state law. Subdivision 2. A description of each such proposed issue shall be published in the official City newspaper, and, if available the City Newsletter, and, if available, the City web site, but failure to give such description, or any defect in the description, shall not invalidate the issue. SECTION 2. This ordinance shall take effect ninety days after the date of its publication. Read by the City Council of the City of Mounds View on this 11th day of December, 2006. Read and passed by the City Council of the City of Mounds View on this 8th day of January, 2007. __________________________________ Rob Marty, Mayor ATTEST: __________________________________ Kurt Ulrich, City Clerk-Administrator (SEAL) Item No: 07C Meeting Date: January 8, 2007 Type of Business: CB City Administrator Review: _______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Fire Chief Nyle Zikmund Item Title/Subject: Resolution 6998, Resolution of Support for Sale of Fire Station Number 3 Located at 1314 109th Avenue NE in Blaine. Background: As a component of the Fire Department Capital Improvement Plan funded by the sale of Capital Improvement Bonds sold on November 17th, 2005, a new fire station located at 11920 Ulysses Street was approved. The new station has replaced the former fire station three located at 1314 109th Avenue, N. E., Blaine, MN. Completion of the new Fire Station Three located at 11920 Ulysses Street, N. E., Blaine, MN occurred on October 30th, 2006. This allowed the fire department to vacate the former station three as well as station five. Disposal of the existing stations, specifically station three, was to sell the station and land. The property immediately adjacent to the East, Kingswood Church, had indicated a strong interest in purchasing the property from the initial time they learned of the Fire Departments plan to build a new facility. Appraisal: An appraisal was completed on the property in the fall of 2005 and was updated this past November. The appraised value was highest as a vacant lot, appraised at $162,000. Cost of removal was estimated to be $25,000, thus the net proceeds was estimated at $137,000. Negotiated Offer: The City of Blaine has reached a negotiated offer from Kingswood Church, located at 1264 109th Avenue N.E., Blaine and immediately adjacent to the eastern property line for $184,000. The City of Blaine would provide to Kingswood Church, a clean site in which the building is removed and the site restored. Restoration would include fill and seed, removal of the irrigation system, and restoration of the curb line along the county highway, 109th Avenue. Demolition and restoration costs are estimated at $25,000. Thus the net proceeds from the property, prior to legal, closing, and appraisal costs, are estimated at $159,000. This equates to $22,000 more, or 16% more than the appraised value. Sale Costs: Appraisal, closing, and legal costs that to some degree have already been incurred by the City of Blaine, are estimated to be approximately $10,000. Appraisal costs are $5,900 with closing and legal anticipated at $2,000 each. Net Proceeds and Use: Subtracting demolition, site restoration, and sale costs from the $184,000 negotiated sale price will result in net proceeds estimated at $149,000. The Project Management Team that consists of the three city managers/administrators and the Fire Chief are recommending sale net proceeds be deposited with the Fire Department and applied to its' 2007 Capital Budget. This action will result in the three partner cities having their 2007 Capital Budget payment to the Fire Department being reduced by the applicable formula share amount. Initial use of the money was targeted for completion of the new station as land costs exceeded the budgeted amount by almost $500,000. However, the final accounting of the project is near completion and it remains apparent that the project will come either under budget or very close to the budgeted cost. Recommendation: Accept purchase offer of $184,000 from Kingswood Church and proceed with sale of property. Deposit net proceeds in 2007 SBM Fire Department Capital Budget resulting in reduced capital budget payments to Fire Department. Attachments: Salient Facts and Conclusions from BRKW Appraisals Inc. RESOLUTION NO. 6998 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STAT E OF MINNESOTA SALE OF (FORMER) FIRE STATION THREE 1314 109TH AVENUE N.E., BLAINE, MN WHEREAS, pursuant to City Council Resolution of a Capital Improvement Plan for the Spring Lake Park Fire Department Inc. that included construction of a new fire station that was completed on October 5, 2006 and; WHEREAS, the new station located at 11920 Ulysses Street N.E. Blaine, MN replaced, through consolidation, Fire Station Three located at 1314 109th Avenue N.E., Blaine, MN and; WHEREAS, the three cities have agreed to sell Fire Station Three located at 1314 109th Avenue N. E., Blaine, MN and; WHEREAS, all three City Councils adopted amendments to the Fire Contract transferring legal control of Fire Station Three from the Joint Powers Agreement to the City of Blaine and; WHEREAS, a market appraisal was completed in the fall of 2005 and an updated appraisal was received in November, 2006 and; WHEREAS, the appraised market value of Fire Station Three was $162,000 and; WHEREAS, Kingswood Church, located at 1264 109th Avenue N. E., Blaine, MN has tentatively agreed to purchase Fire Station Three and the land for $184,000, and the City of Blaine will cause the existing structure to be removed, have the site cleaned, and restored and; WHEREAS, said removal and site restoration costs are estimated at approximately $25,000 and will be deducted from the net proceeds; and WHEREAS, appraisal, legal, and closing costs incurred by the City of Blaine totaling approximately $10,000 will be deducted from the net proceeds. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View adopt this resolution of support in the Blaine City Council selling fire Station Three to Kingswood Church located at 1264 109th Avenue N. E., Blaine, MN for $184,000 minus the cost of removal, estimated to be approximately $25,000 and minus the appraisal, closing and legal costs estimated at approximately $10,000. Adopted this 8th day of January, 2007. Rob Marty, Mayor ATTEST: Kurt Ulrich, City Administrator/Clerk (seal) Item No. 07D Meeting Date: January 8, 2007 Type of Business: CB City Administrator Review _______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Assistant to the City Administrator Item Title/Subject: Resolution 6995 Approval of the TimeSaver Recording Secretary Contract Addendum for 2007 BACKGROUND: TimeSaver Off Site Secretarial (TOSS) has been providing recording secretary services for the City since 1999. Discussion: The contract addendum for 2007 includes an increase from the 2006 contract addendum as follows: 2006 RATES 2007 RATES BASE RATE: $115.50 Add’l ½ Hours: $28.50 BASE RATE: $119.00 Add’l ½ Hours: $29.35 or 2006 RATES 2007 RATES Per Hour Fee: $24.75 Per Page Fee: $11.25 Per Hour Fee: $25.50 Per Page Fee: $11.60 Currently, the Recording Secretary is drafting the Minutes from W ebstreaming. Since the Recording Secretary is no longer required to be at the City Council Meeting, Staff asked for a discount. Please read the email dated December 4, 2006, for Carla’s Wirth, President & CEO of TimeSaver. Staff researched to inquire if there are any other companies that provide this service. Unfortunately, Staff was not able to locate any company that draft minutes. Staff did contact other cities in the surrounding area to see how they administer their minutes. Most cities that responded use TimeSaver, however, some cities hire or designate a full time employee to draft Minutes on a daily basis. Recommendation: Given the City’s satisfaction with TimeSaver’s performance, Staff is recommending approval of the 2007 contract addendum and adoption of attached Resolution 6995. RESOLUTION NO. 6995 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVAL OF THE TIMESAVER RECORDING SECRETARY CONTRACT ADDENDUM FOR 2007 WHEREAS, TimeSaver has been taking minutes for City Council, EDA and Planning Commission meeting since 1999; and WHEREAS, the City Council and staff are pleased with the thoroughness and accuracy of the minutes taken by TimeSaver; and WHEREAS, the contract proposed for 2007 includes a nominal increase of fees. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council agrees to and accepts the terms of TimeSaver 2007 contract (see attachment). Adopted this 8th day of January, 2007. ___________________________________ Rob Marty. Mayor ATTEST: ___________________________________ Kurt Ulrich, City Administrator (seal) Item No. 07E Type of Business: CB Meeting Date: June 12, 2006 City Administrator Review: _____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Assistant to the City Administrator Item Title/Subject: Resolution 6996 Authorizing Severance Package for Tim Pittman, Mounds View Public Works Supervisor Background Tim Pittman has resigned from the Mounds View Public Works Department effective December 15, 2006. Attached is Resolution 6996, which authorizes severance payment to Tim Pittman. These payments are in accordance with the Mounds View Personnel. Resolution 6996 provides a payout of Mr. Pittman’s vacation hours. In accordance with the Mounds View Personnel Manual, Mr. Pittman is eligible for a payout of $5,875.30 for his accrued vacation hours. (205 vacation hours times his hourly rate of $28.66). Resolution 6996 also provides for a payout of Mr. Pittman’s sick time. In accordance with the Mounds View Personnel Manual, Mr. Pittman is authorized a sick time payout totaling $13,756.80. This is calculated as 960 accrued/banked sick hours times 50% times his hourly rate of $28.66. Recommendation Staff recommends severance payment for Tim Pittman in accordance with the City’s Personnel Manual. Respectfully submitted, Desaree Crane RESOLUTION NO. 6996 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING SEVERANCE FOR TIM PITTMAN WHEREAS, Tim Pittman has resigned from the Mounds View Public Works Department effective December 15, 2006; and WHEREAS, the balance of accrued and unused vacation time is 205.0 hours as of December 27, 2006; and WHEREAS, the balance of accrued and unused sick leave time is 960.0 hours effective December 27, 2006; and WHEREAS, Tim Pittman’s current rate of pay of $28.66 per hour; and WHEREAS, the maximum payout of vacation time will be 205.0 hours x $28.66 = $5,875.30; and WHEREAS, the maximum potential payout of sick time will be 960.0 hours x 50% x $28.66 = $13,756.80. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council approve a one-time payout of vacation time in an amount not to exceed $5,875.30 and payout of sick time not to exceed $13,756.80. Adopted this 8th day of January, 2007. ________________________________ Rob Marty, Mayor ATTEST: ________________________________ Kurt Ulrich, City Administrator (seal) Item No: 07F Meeting Date: January 8, 2007 Type of Business: CB City Administrator Review: _____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Assistant to the City Administrator Item Title/Subject: Resolution 6997 Approving a Step Increase for Sergeant Steve Menard Background: Sergeant Steve Menard is a current employee with the City of Mounds View. His supervisor has reviewed his performance as it relates to his responsibilities outlines in the job description. Discussion: It was determined that Sergeant Menard has more than satisfactorily performed in the capacity of his position, and step increase wage adjustment is consistent with the Mounds View Police Sergeant Labor Agreement. Respectfully Submitted, Desaree Crane RESOLUTION 6997 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 the job description; and WHEREAS, their supervisor determined that the following employee below have more than satisfactorily performed in the capacity of their position documented in their performance review on file. 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 Sergeant Steve Menard Police Sergeant Date of Current Position: July 4, 2005 Step 4: $33.88/hr Step 5: $35.66/hr January 4, 2007 Adopted this 8th day of January, 2007. __________________________________ Rob Marty, Mayor ATTEST: __________________________________ Kurt Ulrich, City Administrator (seal) Item No: 7A Meeting Date: January 8, 2007 Type of Business: Public Hearing City of Mounds View Staff Report To: Mounds View City Council From: Heidi Heller, Planning Associate Item Title/Subject: Public Hearing and Consideration of a Conditional Use Permit for an Oversize Garage at 8410 Knollwood Drive; Planning Case CU2006-010 Introduction: The applicant, Gregory Busch, is proposing to expand his current attached garage located at 8410 Knollwood Drive. Mr. Busch has applied for a conditional use permit for an oversize garage. The plot plan submitted indicates a garage area in excess of what is allowed without a conditional use permit. Accessory buildings, attached or detached, are limited to 952 square feet. Anything beyond 952 square feet must go through a conditional use permit application process. The applicant’s large backyard is approximately 131 feet deep with one shed near the back property line. After adding this garage addition, the applicants would have approximately 1,244 square feet of accessory buildings (approximately 4% back yard coverage), still well below the maximum allowable (1,800 square feet). Conditional Use Permit Discussion: The request for a Conditional Use Permit to construct the 1,124 square foot garage satisfies the requirements as stated in Section 1106.03 and 1106.04, Subdivision 6 of the Mounds View Zoning Code. All dimensional requirements would be satisfied with this request. The Comprehensive Plan encourages the development and maintenance of residential areas so as to improve the quality, appearance and attractiveness of housing units and residential property in general. The Comprehensive Plan designates this property, 8410 Knollwood Drive, as low-density residential. Requirements: Section 1106.03, Subd. 1: This part of the Code limits the height of an accessory building, the number of accessory buildings and the backyard coverage ratio of accessory buildings. A Conditional Use Permit (CUP) is required for garages exceeding 952 square feet. Section 1106.04, Subd. 6: This part of the Code enumerates the conditions for garages exceeding 952 square feet, which are that the garage be permanent, be uniform in appearance with the home, not exceed 35 feet in width, and not exceed 1,800 square feet of total accessory building area on the lot. Section 1125.01, Subd. 1: The Planning Commission is required to review the possible adverse effects of the requested conditional use. Busch CUP Staff Report January 8, 2007 Page 2 CUP Considerations: Chapter 1125 of the Zoning Code requires that the Planning Commission review and address any potential adverse effects which include, but are not limited to, relationship with the Comprehensive Plan, geographical area involved, potential depreciation, the character of the surrounding area and the demonstrated need for such a use. Each of these potential adverse effects is addressed below. Relationship with the Comprehensive Plan. As previously stated, the Comprehensive Plan encourages the development and maintenance of residential areas so as to improve the quality, appearance and attractiveness of housing units and residential property in general. By having a larger garage the applicants would be able to have more indoor storage, which would be a benefit to the neighborhood. The Geographical Area Involved. The home is located on Knollwood Drive, near the northern end of the city. Since most of the additional space for the garage would be in the back, the building would still look like normal two or three car size garage from the street. In this case, the proposed oversized garage would not be out of place in this neighborhood that has large, deep backyards. Although, it would somewhat block the view across the backyards from the adjoining neighbor’s property. Depreciation. The proposed garage would benefit the subject property both in a practical sense by providing additional on site, indoor parking and storage, as well as in an economic sense, as the construction would increase the “value” of the property. Increased property values are of course a benefit to everyone. The Character of the Surrounding Area. Knollwood Drive is strictly a residential neighborhood. All of the homes on this street were constructed in the mid-1970’s. The proposed garage would not be out of character in this area since the addition would not be easily visible from the street, and there are other homes on this street that have expanded their garages. The front appearance of the garage would only change slightly with this addition. The roofline on the expansion would blend in with the existing lines which slope to the front and back yards, so any water runoff would not be directed towards the neighboring house. The Demonstrated Need for Such a Use. The applicants are proposing an 8 foot addition to the side of the garage and a 16’x22’ addition to the rear which would allow for more indoor parking and storage space. Mr. Busch has a large boat that he would like to store indoors. Summary: All zoning and code issues are satisfied with this request. On December 6, 2006, the Planning Commission unanimously recommended approval of this Conditional Use Permit, along with approving a variance for the garage to have a reduced side yard setback of two feet. A public hearing notice was published and mailed to all property owners within 350 feet of 8410 Knollwood Drive. Staff has not received any comments in regards to this request. Busch CUP Staff Report January 8, 2007 Page 3 Deadline for Action: This application was accepted on November 15, 2006 and in accordance with MN Statute 15.99, a decision shall be made within 60 days of application acceptance. The deadline for action for this request is January 14, 2007. Recommendation: After holding the public hearing and taking testimony from staff, the property owner and affected neighbors, the City Council can take one of the following actions related to the request: 1. Approve the Conditional Use Permit as requested. Resolution 6991 is attached if the Council chooses this course of action. 2. Deny the requested conditional use permit. To move forward with this option, the Council should direct staff to draft a resolution of denial with findings of fact appropriate to support the denial. 3. Table the request. If additional information is needed before a decision can be rendered or if more discussion is needed, the Council can simply move to table the request until such information has been provided. Respectfully submitted, Heidi Heller Planning Associate Attachments: 1. Planning Application 2. Letter from Applicant 3. Plot Plan 4. Structural Drawings 5. Zoning Map 6. Aerial View 7. Photographic Documentation 8. Variance Resolution 854-06 9. Conditional Use Permit Resolution 855-06 10. Resolution 6991 Letter from Applicant Plot Plan 8410 Knollwood Structural Drawing Zoning Map Properties not bearing a designation are zoned R-1, Single Family Residential Aerial View N Photo Documentation View between 8410 Knollwood garage and south neighbors house – neighboring house is 22 feet from their property line Rear of house – shows the tree behind the garage that applicant would like to keep View of backyard MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 854-06 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A VARIANCE TO ALLOW FOR A TWO-FOOT SIDE- YARD SETBACK FOR A GARAGE AT 8410 KNOLLWOOD DRIVE; MOUNDS VIEW PLANNING CASE VR2006-009 WHEREAS, the applicant, Gregory Busch, has applied for a variance to allow for a two-foot, side-yard setback for a proposed 1,124 square foot attached garage on his property located at 8410 Knollwood Drive; and, WHEREAS, 8410 Knollwood Drive is zoned R-1, Single Family Residential, and is legally described as follows: Lot 10, Block 2, Gustafson’s Second Edition, Ramsey County, Minnesota WHEREAS, the Mounds View Planning Commission has reviewed the following documents regarding this proposal: 1. Planning Application 2. Plot Plan 3. Zoning Map 4. Aerial View 5. Photographic Documentation 6. Staff Report WHEREAS, the purpose of the variance provision in the Zoning Code is to give relief to property owners when the strict enforcement of the zoning code requirements imposes a hardship thereby restricting the improvement of property due to practical difficulties brought about by unique or extraordinary features of the physical property that are beyond the property owner’s control; and, WHEREAS, a public hearing was held Wednesday, December 6, 2006, with regard to this variance request; and, WHEREAS, according to Section 1125.02, Subdivision 2 of the Mounds View Municipal Code, the Planning Commission is to review a standard set of criteria, of which all must be satisfied, in order to grant a variance to the Zoning Code. Resolution 854-06 Page 2 NOW, THEREFORE, BE IT RESOLVED, the Mounds View Planning Commission hereby makes the following findings of fact related to this request: 1. The exceptional or extraordinary conditions relating to the variance request is that there is a large Red Oak tree behind the garage, which is limiting the area for a garage expansion. 2. The literal interpretation of the Zoning Code would restrict the property owner’s ability to expand and improve upon the layout and functionality of the garage. 3. The variance is requested due to the tree placement directly behind the garage, factors over which the applicants have had no control. 4. Granting a variance to allow for the two-foot side yard setback would allow the applicants to have a larger garage in order to park their vehicles indoors and additional indoor storage space, resulting in a better appearance for the neighborhood. 5. Granting the variance would not confer upon the property owners a special privilege denied to others in the same district due to the unique nature of the existing condition present on the site. 6. The two-foot setback is the minimum variance that would alleviate the applicants’ hardship. 7. The construction of a garage expansion would not be materially detrimental to the purpose of the Zoning Code or to other property in the R-1, Single-Family Residential zoning district. 8. A two-foot setback would not impair the supply of light or increase congestion, nor would it increase the danger of fire or endanger the public safety or diminish property values. Resolution 854-06 Page 3 NOW, THEREFORE, BE IT FINALLY RESOLVED, the Mounds View Planning Commission, based upon its review of the documentation, testimony presented at the public hearing, and the identified findings of fact, does hereby approve the variance request for a two-foot side yard setback for a proposed garage at 8410 Knollwood Drive, contingent upon the following: 1. The applicants shall obtain approval of a building permit for the garage prior to any work being accomplished. 2. The variance applies only to garage space and the setback on the south side of the lot. 3. The Variance shall become null and void if the work for which the Variance was granted is not completed within one year from the date of approval unless a petition for extension of time in which to complete the work has been granted by the City Council. Adopted this 6th day of December, 2006. _____________________________________ Gary Stevenson, Chairperson ATTEST: _____________________________________ Jim Ericson, Community Development Director (SEAL) MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 855-06 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW FOR A 1,124 SQUARE-FOOT GARAGE AT 8410 KNOLLWOOD DRIVE; PLANNING CASE NO CU2006-010 WHEREAS, property owner Gregory Busch has applied for a conditional use permit to construct a 1,124 square foot garage; and, WHEREAS, the subject property, located at 8410 Knollwood Drive, is zoned R-1, Single Family Residential, and is legally described as follows: Lot 10, Block 2, Gustafson’s 2nd Addition, Ramsey County, Minnesota WHEREAS, the Mounds View Zoning Code conditionally allows garages in excess of 952 square feet in area with a maximum accessory building area not to exceed 1,800 square feet; and, WHEREAS, the proposed garage would be 1,124 square feet, thus necessitating application of a conditional use permit; and, WHEREAS, the Planning Commission has reviewed the following documents regarding this proposal: 1. Planning Application 2. Plot Plan 3. Structural Drawings 4. Zoning Map 5. Aerial View 6. Photographic Documentation 7. Staff Report NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission makes the following findings of fact related to the conditional use permit request: 1. The proposed oversized 1,124 square foot garage satisfies the dimensional requirements as outlined in Chapters 1104 and 1106 of the Zoning Code. 2. The request is consistent with the Mounds View Comprehensive Plan in that the Comprehensive Plan encourages the development and maintenance of residential areas so as to improve the quality, appearance and attractiveness of housing units and residential property in general. Resolution 855-06 Page 2 3. The proposed garage would not be out of place given the character and geography of the surrounding area involved. 4. The proposed garage would not depreciate the neighborhood. 5. The applicants have sufficiently demonstrated that a need exists for the proposed oversized garage. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Mounds View Planning Commission recommends approval of the conditional use permit for the 1,124 square foot garage, with conditions as follows: 1. The garage shall not be used for commercial purposes, living space or other uses not allowed within the R-1 Single-Family Residential district or by the Zoning Code. Should the use change for which the permit was granted; the conditional use permit shall be considered null and void. 2. The garage expansion shall be designed and maintained to provide a uniform appearance with the existing house. 3. The Conditional Use Permit (CUP) shall become null and void if the work for which the CUP was granted is not completed within one year from the date of approval unless a petition for extension of time in which to complete the work has been granted by the City Council. BE IT FINALLY RESOLVED that the Mounds View Planning Commission directs staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this 6th day of December 2006. ________________________________ Gary Stevenson, Chairperson ATTEST: ________________________________ James Ericson, Community Development Director (SEAL) RESOLUTION NO. 6991 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A 1,124 SQUARE-FOOT GARAGE AT 8410 KNOLLWOOD DRIVE; PLANNING CASE NO CU2006-010 WHEREAS, property owner, Gregory Busch, has applied for a conditional use permit to construct a 1,124 square foot garage attached to his home located at 8410 Knollwood Drive; and, WHEREAS, the subject property is zoned R-1, Single Family Residential, and is legally described as follows: Lot 10, Block 2, Gustafson’s Addition, Ramsey County, Minnesota WHEREAS, the Mounds View Zoning Code conditionally allows garages in excess of 952 square feet in area with a maximum accessory building area not to exceed 1,800 square feet; and, WHEREAS, the proposed garage would be 1,124 square feet, thus necessitating application of a conditional use permit; and, WHEREAS, there is an existing shed on the property which is allowed to remain; and, WHEREAS, the City Council has reviewed the following documents regarding this proposal: 1. Planning Application 2. Plot Plan 3. Zoning Map 4. Aerial View 5. Photographic Documentation 6. Staff Report WHEREAS, the Planning Commission heard the case regarding this conditional use permit request on Wednesday, December 6, 2006 and recommended approval of the CUP to the City Council as outlined in their Resolution 855-06; and, WHEREAS, the Mounds View City Council held a public hearing regarding the conditional use permit request on Monday, January 8, 2007. Resolution 6991 Page 2 NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council makes the following findings of fact related to the conditional use permit request: 1. The proposed oversized 1,124 square foot garage satisfies the dimensional requirements as outlined in Chapters 1104 and 1106 the Zoning Code. 2. The request is consistent with the Mounds View Comprehensive Plan in that the Comprehensive Plan encourages the development and maintenance of residential areas so as to improve the quality, appearance and attractiveness of housing units and residential property in general. 3. The proposed garage would not be out of place given the building design, character and geography of the surrounding area involved. 4. The proposed garage would not depreciate the neighborhood. 5. The applicant has sufficiently demonstrated that a need exists for the proposed oversized garage. NOW, THEREFORE, BE IT FINALLY RESOLVED that the Mounds View City Council approves the conditional use permit for the 1,124 square foot garage, with conditions as follows: 1. The garage shall not be used for commercial purposes, living space or other uses not allowed within the R-1 Single-Family Residential district or by the Zoning Code. Should the use change for which the permit was granted; the conditional use permit shall be considered null and void. 2. The garage shall be designed and maintained to provide a uniform appearance with the existing house. 3. The Conditional Use Permit (CUP) shall become null and void if the work for which the CUP was granted is not completed within one year from the date of approval unless a petition for extension of time in which to complete the work has been granted by the City Council. Adopted this 8th day of January, 2007. _____________________________________ Rob Marty, Mayor ATTEST: ____________________________________ Kurt Ulrich, City Clerk / Administrator (SEAL) Item No: 08A Meeting Date: December 26, 2006 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, 2006. 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 2005. Those companies renewing their license were licensed, at a minimum, in the year 2005. The type of license they are applying for follows the company name. 4 Seasons Tree Care Tree Trimming & Removal Renewal Aabbott Ferrarro Inc. HVAC Renewal Alpine Asphalt, Inc. Asphalt Renewal Ametech Lighting Services Sign Installation Renewal Asphalt Driveway Company Asphalt Renewal Associated Mech. Contractor Inc. HVAC Renewal Automatic Garage Door & Fireplaces HVAC Renewal Benson-Orth Associates, Inc. General (Commercial) Renewal Bonfes Plumbing, Heating & Air HVAC Renewal CenterPoint Energy HVAC Renewal Centraire Heating & Air Conditioning HVAC Renewal Clear Channel Outdoor Sign Installation Renewal Commercial Drywall, Inc. General (Commercial) Renewal Dave’s Heating, Air & Electric HVAC Renewal Deziel Heating & Air Conditioning Inc. HVAC New DMJ Corporation Asphalt Renewal Fedtech Inc. General (Commercial) Renewal Forced Air Inc. (dba) Wenzel Heat & Air HVAC Renewal Gary Contracting & Trucking Company Excavating Renewal General Sheet Metal Company HVAC Renewal Grant Utilities Sewer/Water Renewal Harris Companies, Inc. HVAC New Hearth & Home Technology (dba) Fireside Hearth & Home HVAC Renewal Heating & Cooling Two, Inc. HVAC Renewal Home Energy Center HVAC Renewal Horwitz, Inc. HVAC Renewal J-Berd Mechanical Contractors Inc. HVAC Renewal K.B. Services Company HVAC New Kath HVAC HVAC Renewal Kraus-Anderson Construction Company General (Commercial) Renewal Krinkie Heating & Air Conditioning HVAC Renewal Landcor Construction, Inc. General (Commercial) Renewal Larson Plumbing and Heating HVAC Renewal Linco Iron Erection, Inc General (Commercial) Renewal M.A. Mortenson Company General (Commercial) Renewal Master Mobile Home Services, Inc. HVAC Renewal Mobile Home Improvement HVAC Renewal Mobile Maintenance, Inc. HVAC Renewal Modern Heating & Air Conditioning Inc. HVAC Renewal Nasseff Mechanical Contractors, Inc. HVAC Renewal Northeast Tree, Inc. Tree Trimming & Removal Renewal Northern Air Corporation HVAC New Pierce Refrigeration HVAC Renewal Riccar Heating & Air HVAC Renewal River City Sheet Metal HVAC Renewal Royalton Heating & Cooling HVAC Renewal S & P Construction Of St. Paul Inc. General (Commercial) Renewal Schadegg Mechanical, Inc HVAC Renewal Sedgwick Heating & Air Conditioning HVAC Renewal SignArt Co., Inc. Sign Installation Renewal St. Cloud Refrigeration HVAC Renewal St. Croix Tree Service Tree Trimming/Removal Renewal St. Paul Plumbing & Heating HVAC Renewal Standard Heating & Air Conditioning HVAC Renewal Steinkraus Plumbing Inc. HVAC Renewal The Snelling Co., Inc. HVAC Renewal Thermex Corporation HVAC Renewal United Properties LLC General (Commercial) Renewal Universal Signs Inc. Sign Installation Renewal Upland Heating & Cooling (dba) Aspen Air HVAC Renewal Wellington Window Company Window & Door Installation Renewal Yale Mechanical HVAC Renewal Staff Recommendation: Approve license applications as requested. Revised as of 01-08-07 @9am Item No: 08D Meeting Date: January 8,2007 Type of Business: Council Business City of Mounds View Staff Report To: Honorable Mayor and City Council From: Kurt Ulrich, City Administrator Item Title/Subject: Consideration of Resolution 7002, Accepting the Resignation of Mr. David Schulte and Authorizing the Re-Hire of the Position of Part-time Mounds View Cable TV Assistant Background: On September 25, 2006 the City Council authorized staff to hire a part-time Cable TV Assistant position in the Administration Department to fill a vacant position. The Cable TV Assistant is a non-exempt, part-time, non-union position and would not exceed 20 hours per week. Recently, the person hired for that position, Mr. David Schulte, tendered his resignation and it is requested that this position be rehired as soon as possible. There is one other assistant, Mr. Dave Olsen, currently working for the City. Discussion: Staff will advertise the opening on the City’s website, on the League of MN Cities website, with the Mounds View/New Brighton Bulletin and the Pioneer Press. Below is the 2007 salary schedule for the position: Step One: $12.36/hr Step Two: $13.13/hr Step Three: $13.91/hr Step Four: $14.68/hr Step Five: $15.45/hr The new employee would start at step one and progress to step two in six months from date of hire. The candidates would progress through the steps in accordance with the Mounds View Personnel Manual. This will be a non-union, non-exempt position. The Cable staffing is currently short-handed due to the vacancy of the Communications/Cable Coordinator’s position that is currently being reviewed and will be discussed at the February Council work session. The part-time assistant position is at a lower pay/skill level and flexible in the number of hours assigned to it and, consequently, would be able to work with either a part-time or full-time Communications/Cable Coordinator position. If the City Council is in agreement with re-hiring of the part-time Cable TV Assistant/Technician, then Staff will start the process of hiring. Here is the proposed hiring schedule: Advertising: Star Tribune or Pioneer Press: January 14th edition (Sunday) Bulletin: January 17th edition Post on LMC and City Website: January 10th Deadline for Applications: February 5th at 430pm Processing Applications: February 6th Start Interviews: February 7 - 15th Top Candidates: February 16th Discuss Top Candidate: Cable Committee February 19th Auth. to Hire Top Candidate: February 26th City Council Meeting Recommendation: Staff recommends the City Council adopt Resolution 7002, Accepting the Resignation of Mr. David Schulte and Authorizing the Re-Hire of the Position of Part-time Mounds View Cable TV Assistant. Respectfully submitted, Kurt Ulrich, City Administrator RESOLUTION NO. 7002 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA ACCEPTING THE RESIGNATION OF MR. DAVID SCHULTE AND AUTHORIZING THE RE-HIRE OF THE POSITION OF PART-TIME MOUNDS VIEW CABLE TV ASSISTANT WHEREAS, one of the incumbent part-time Mounds View Cable TV Assistants, Mr. David Schulte, has submitted his resignation effective January 19, 2007; and, WHEREAS, the City finds it advantageous to refill the position in a timely fashion, and WHEREAS, this position is a part time, non-exempt, nonunion position; and WHEREAS, this part time position shall not exceed 20 hours per week; and WHEREAS, applications will be solicited and a recommendation for hire brought back to the City Council for approval based upon the following wage schedule below: Step 1 Step 2 Step 3 Step 4 Step 5 $12.36 $13.13 $13.91 $14.68 $15.45 NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council hereby accepts the resignation of Mr. David Schulte and authorizes staff to proceed with the re- hire of the position of Part-time Mounds View Cable TV Assistant as outlined above. Adopted this 8th day of January 2007. Rob Marty, Mayor ATTEST: Kurt Ulrich, City Clerk / Administrator (SEAL) Minutes were reviewed by Jim Eri cson. Due to the holidays, Staff was not able to get these minutes in time to the Council for their review. PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1 CITY OF MOUNDS VIEW 2 RAMSEY COUNTY, MINNESOTA 3 4 Regular Meeting 5 December 11, 2006 6 Mounds View City Hall 7 2401 Highway 10, Mounds View, MN 55112 8 7:20 P.M. 9 10 11 1. MEETING IS CALLED TO ORDER 12 13 2. PLEDGE OF ALLEGIANCE 14 15 3. ROLL CALL: Marty, Stigney, Gunn, Flaherty, Thomas 16 17 NOT PRESENT: None 18 19 4. APPROVAL OF AGENDA 20 21 A. Monday, December 11, 2006 City Council Agenda 22 23 MOTION/SECOND: Gunn/Stigney. To Approve the Monday, December 11, 2006 agenda as 24 presented. 25 26 Ayes – 5 Nays – 0 Motion carried. 27 28 5. PUBLIC INPUT 29 30 William Werner of 2765 Sherwood Road pointed out that the Council meeting began late and 31 then said that it looks like Item B has five minutes allotted to it and asked for clarification. 32 33 Council explained the practice of setting public hearing times in five minute increments. 34 35 6. SPECIAL ORDER OF BUISNESS 36 37 None. 38 39 7. COUNCIL BUSINESS 40 41 A. Resolution 6984, Adopting the 2007 Fee Schedule 42 43 City Administrator Ulrich reviewed the changes to the Fee Schedule with Council. 44 45 Mounds View City Council December 11, 2006 Regular Meeting Page 2 Mayor Marty opened the public hearing. 1 2 There were no public comments. 3 4 Mayor Marty closed the public hearing. 5 6 Council Member Flaherty said that he feels that the administrative fines are confusing for 7 tobacco penalties for individuals. He then said that he would like to know why the second 8 offense cost is lower and how this is enforced. 9 10 Carol Mueller explained that there is a fine for the business and the individual who failed to 11 check the identification of the minor. 12 13 Mayor Marty asked for information on rough in finish fees said that he feels that the three season 14 porch fees seem high. 15 16 Community Development Director Ericson said that the fee is going up to $78.00 per square foot 17 for finished square footage so the fees were all increased to be consistent. He then said that if it 18 were heated the price would be $78.00 per square foot. 19 20 Mayor Marty asked why the fees were more for an amendment to a CUP than an amendment to a 21 PUD. 22 23 Director Ericson explained the difference noting that the PUD amendment is less costly to 24 process than an amendment to a CUP. 25 26 Mayor Marty asked for clarification on set up fees for Class One. 27 28 Finance Director Beers indicated that only licensed caterers can rent the kitchen. 29 30 Council Member Thomas indicated Council discussed the local political groups being included 31 and that has not been done. 32 33 City Administrator Ulrich indicated that they have typically been considered as Class Two as a 34 Mounds View resident. 35 36 Council Member Thomas indicated that it is not consistently applied because it is not referenced. 37 She then said that she would like it added. 38 39 Council agreed. 40 41 Mayor Marty commented on ball field rental and said that striping the fields and dragging the 42 fields costs more than the $5.00 fee and asked whether it should be increased. 43 44 Mounds View City Council December 11, 2006 Regular Meeting Page 3 Council Member Gunn indicated that the leagues maintain the fields so the City Staff is not 1 required to do very much maintenance. 2 3 Mayor Marty said that there are different rates for Silver View and the City Hall picnic shelters. 4 He then said that he understands for Silver View because there is a structure with facilities but at 5 City Hall there is just a roof. 6 7 Council Member Gunn indicated that part of that was because it does have electrical service to it 8 and there is garbage pick up to it and it handles the larger groups and clean up is a lot more. 9 10 MOTION/SECOND: Gunn/Thomas. To Approve Resolution 6984 Adopting the 2007 Fee 11 Schedule as Amended. 12 13 Council Member Stigney asked why deposits for damages are being removed and said that he is 14 not sure that one of them applies to the kitchen or the multipurpose rooms. 15 16 Council Member Stigney said that he feels that the 10% roster of Mounds View residents is low 17 for athletic associations use. 18 19 Council Member Stigney said there is nothing about the water meter fee that everyone is paying 20 and he is curious to know why that is not covered. 21 22 Council Member Gunn explained that the damage deposits have been moved to another section 23 and the park shelter one has been changed. 24 25 Council Member Stigney said he sees nothing for the Community Center for a deposit. 26 27 Council agreed to add a deposit for the Community Center to the Fee Schedule. 28 29 Mayor Marty indicated that he had asked for at least 10% Mounds View and he would be fine 30 with the 10% at this time. 31 32 Council agreed. 33 34 Council asked that the water meter fee be added to the Fee Schedule. 35 36 Ayes – 4 Nays – 1(Stigney) Motion carried. 37 38 B. Public Hearing to Consider Resolution 6968, Approving a Preliminary Plat 39 and Development Review for the Knollwood Place Townhome Development 40 by Integra Homes; Planning Case DE2006-005 and MA2006-003 41 42 Planning Associate Heller reviewed the Preliminary Plat request with the Council. She then 43 provided a development review for Council consideration reviewing the parking requirements for 44 the townhomes, setback requirements and access points. 45 Mounds View City Council December 11, 2006 Regular Meeting Page 4 1 Planning Associate Heller indicated that fire sprinklers will be required due to the configuration 2 of the site and dead end streets not allowing for fire truck movements. 3 4 Planning Associate Heller indicated that these are two story townhomes with vinyl siding and 5 brick and stone accents with a two-car garage with at least 1800 square feet. 6 7 Planning Associate Heller discussed snow storage and noted the Planning Commission 8 recommended that snow storage not be allowed on site as there is limited area to do so and it may 9 cause issues. 10 11 Planning Associate Heller indicated that the landscaping plan will provide screening since it 12 abuts single-family homes and they are also including a privacy fence along the westerly property 13 line and the existing chain link fence will remain. 14 15 Planning Associate Heller indicated that there is some signage allowed for the development but 16 Integra does not plan to include a sign at this time. 17 18 Planning Associate Heller indicated that the lighting is minimal and the Planning Commission 19 thought that perhaps more lighting should be required out from the street circle and the 20 Developer has agreed to help illuminate the other areas. 21 22 Planning Associate Heller reviewed the infiltration basins planned for the site. She then said that 23 the infiltration pond should alleviate the drainage issues raised by the neighboring property 24 owner either with the installation of this development or after the property owner makes some 25 small grading changes. 26 27 Planning Associate Heller indicated that the Developer will pay a trail system fee in anticipation 28 of future trails. 29 30 Planning Associate Heller reviewed the major subdivision portion of the request with Council. 31 She then said that Staff recommends a park dedication fee based upon a per unit basis versus the 32 land value. 33 34 Planning Associate Heller indicated that utilities will be underground with additional fire 35 hydrants shown throughout the site. She then said that Bonestroo has reviewed the plans and 36 made recommendations that have been sent to the Developer to make the changes. She further 37 indicated that there are no wetlands on this property but the Applicant must still receive approval 38 from Rice Creek Watershed District for this proposal. 39 40 Planning Associate Heller indicated that the Major Subdivision meets all the Code requirements 41 as does the Preliminary Plat request and the Planning Commission has recommended approval of 42 this request. 43 44 Mayor Marty opened the public hearing. 45 Mounds View City Council December 11, 2006 Regular Meeting Page 5 1 Mark Schnorr of 2949 Highway 10 said that he has three questions. The first is that PUD means 2 that the whole area is developed not just the center. He then asked what will go on either side of 3 the townhome development, as there will not be a minimum of three acres for development. 4 5 Mayor Marty said that his opinion is that he would like to find a plan to develop the whole area 6 rather than doing this as a piece meal as that limits development of the adjacent property. 7 8 Council Member Flaherty indicated that the zoning of the property determines the allowed 9 usages. 10 11 Mr. Schnorr indicated he has a safety concern, as there will be children in the townhomes. 12 13 Mr. Schnorr asked why residents were not notified that they were planning to develop the area to 14 the west side. He then said that they are disappointed that they were not approached to 15 participate in the development of this area. 16 17 Mayor Marty closed the public hearing. 18 19 Council Member Flaherty said that he is gun shy as there is a major twin home development 20 going in at Long Lake Road and County Road H2 and what happened is they cleared out the 21 vegetation and left an open space and it will not be developed on schedule. He then asked what 22 the assurances are that the same thing will not happen here. He further asked if they will try to 23 sell the homes before the development. 24 25 Mr. Barasa, representing the developer, Integra Homes, said that Rice Creek requires that if the 26 development goes forward there is a certain number of days to establish turf and they will meet 27 those requirements to ensure that there is no erosion. 28 29 Council Member Flaherty said that he does not want to lose the vegetation and wooded area if 30 the site is not going to be completely developed. 31 32 Mr. Barasa explained that Integra typically builds a certain number of spec or model homes and 33 once those are sold then he builds out the rest of the homes on the site. He then said that this is a 34 bit market driven and they are planning for a two to three year buildout of the site. 35 36 Council Member Flaherty said that he does not want Integra to go in and clear out all the trees 37 and leave the site sitting undeveloped. He then asked if Integra would consider only clearing the 38 space for the homes that they are going to build at that time. 39 40 Mr. Barasa indicated that it is cost effective and easier to establish all the grading on the site at 41 once. He then said that he could discuss with the Developer staging the development and leaving 42 the existing vegetation until the market determines the need to build out the rest of the site. He 43 further said that they would consider it but he is not sure that it is ideal because that disrupts 44 homeowners that move into the location first. 45 Mounds View City Council December 11, 2006 Regular Meeting Page 6 1 Director Ericson said that staging of the development can be negotiated as part of the 2 Developer’s Agreement and for part of Final Plat approval. 3 4 Mayor Marty asked what guarantee the City has that the site will be completed. 5 6 Director Ericson said that he does not think that it is possible to put into a Development 7 Agreement a requirement for construction of all units within five years but the City can require 8 that the Developer come back before Council to explain if there are delays in the project. 9 10 Council Member Gunn said that the houses go up after the lots are purchased and part of the 11 townhome concept is that people think it is like an apartment complex that goes up all at once. 12 She then said that the City should look at this more like a housing project than an apartment 13 complex because they are usually done in sections not all at once. 14 15 Mayor Marty indicated that the other developers and homeowners that wish to subdivide their 16 lots pay park dedication fees of 10% and Medtronic was not happy to pay $865,000 but they 17 eventually agreed. He then said that this park dedication fee would be $42,240 but they would 18 like to do it at $2,000 per unit for $38,000 and he feels that the park dedication fees are made up 19 from subdivisions so it is important to stick to the requirements to allow that fund to continue to 20 grow to provide improvements for the City’s parks. 21 22 Mayor Marty said that he would like the Developer to pay the entire 10% park dedication fee and 23 said that he is a little concerned about the snow removal on the site. He then said that there is no 24 room to push the snow off the ends of the streets and keep it on the property and he does not 25 think that it is realistic to be able to handle removal of snow from the site as proposed. 26 27 Director Ericson agreed that it is not realistic in terms of snow storage and said there is a strict 28 requirement that may be too strict and he would suggest an amendment that no snow storage is 29 stored on the site that would reduce the number of parking stalls or reduce drive aisle widths. He 30 then said that Rice Creek Watershed District is okay with snow being pushed into infiltration 31 ponds. 32 33 Director Ericson said that Minnesota Statutes require that the City notify the Developer in writing 34 of their right to appeal park dedication fees that may be paid by the Developer and that amount 35 would be paid into escrow and up to 18 months later there is action on whether the fee is 36 appropriate. He then said that he feels it is in the City’s best interest to negotiate something that 37 makes sense and is reasonable for the site. He further said that the Developer may appeal the full 38 10% of the park dedication fee but that can be required. 39 40 Mayor Marty said that there are dead end streets and that is why the Fire Department is requiring 41 sprinklers for all the buildings but he is concerned with garbage trucks that would be unable to 42 turn around on the site. 43 44 Director Ericson indicated that has been considered. 45 Mounds View City Council December 11, 2006 Regular Meeting Page 7 1 Mayor Marty asked if all impervious surface runoff will be contained and handled in the ponds 2 proposed. He then asked if the pond in back will be a swale to ensure that nothing runs onto the 3 property to the north. 4 5 Director Ericson indicated that was correct. 6 7 Council Member Thomas indicated that if the park dedication fees are to be reduced she would 8 like justification for the reduction. She then said that this development will increase the number 9 of people here that will use facilities and she feels that is justification not to lower the fee 10 because the property is being changed from commercial to a residential use. 11 12 Council Member Thomas indicated that she is fine with being flexible but she is concerned with 13 how they would remove snow because the dead end streets would be the natural shove off 14 process that would move snow onto adjoining properties and she would not want that allowed. 15 She then said that there is minimal setback to that property and there would be snow added to 16 their property and that is not fair. 17 18 Director Ericson indicated that would be added to the development agreement. 19 20 Council Member Flaherty said that the property can be developed as R1 adjacent to this property. 21 He then said that Mr. Schnorr would need to discuss with the Developer why they did not 22 approach him on this development. 23 24 Mayor Marty indicated that he is not in favor of this project as it is only a portion of the site and 25 he would like the Developer to consider assisted living as he feels there is a need for that type of 26 housing in the City. He further said that with children that would live in that area the City is 27 developing a trailway system that will travel the length of County Road 10 on the north and south 28 side for the near future to provide access for pedestrians. 29 30 MOTION/SECOND: Stigney/Gunn. To Waive the Reading and Approve Resolution 6968, 31 Approving a Preliminary Plat and Development Review for Knollwood Place Townhome 32 Development by Integra Homes. 33 34 MOTION/SECOND: Stigney/Gunn. To Amend the Park Dedication Fee to $42,240 which is 35 the 10% of land value. 36 37 Ayes – 5 Nays – 0 Motion carried. 38 39 Director Ericson read language amending the snow storage requirements. 40 41 Council Member Thomas asked for language to require that no snow will leave the property 42 lines. 43 44 45 Mounds View City Council December 11, 2006 Regular Meeting Page 8 MOTION/SECOND: Gunn/Thomas. To Approve the Snow Storage Amendments as Read by 1 Director Ericson. 2 3 Ayes – 5 Nays – 0 Motion carried. 4 5 Council Member Flaherty indicated that he feels 10% park dedication fee is fair but he is really 6 concerned that this property will be cleared and the City will be waiting for it to develop. He 7 then said he will not support this. 8 9 Director Ericson indicated Staff will work with the Developer to negotiate phased grading of the 10 site to eliminate the clear cutting of the site. 11 12 City Administrator Ulrich suggested that a condition could be suggested that a phasing be 13 required for the clearing of the property. 14 15 MOTION/SECOND: Gunn/Stigney. To Add a Requirement for the Developer to Submit a 16 Phasing Plan for Clearing the Vegetation from the Property. 17 18 Ayes – 5 Nays – 0 Motion carried. 19 20 Mayor Marty indicated that New Brighton is developing hundreds of condos right now so this 21 area of the City is saturated with them. He then said that those condos have a lake view. He 22 further said that he feels that this takes a marketable property and takes out the middle section 23 limiting any redevelopment potential for the area. 24 25 Ayes – 3 Nays – 2(Flaherty/Marty) Motion carried. 26 27 C. Public Hearing to Consider Resolution 6982 Approving the 2007-2008 Street 28 and Utility Improvement Project Feasibility Report 29 30 Public Works Director Lee explained that this public hearing would provide residents an 31 opportunity to be heard on this project, which is a requirement because part of this project is 32 funded through the assessment process. 33 34 Director Lee explained the 2007 – 2008 Streets and Utility Improvement Project for Council and 35 those in attendance. 36 37 Director Lee provided an overview of the costs associated with the project and outlined the 38 funding sources for the project. 39 40 Director Lee indicated that the single family homes are proposed to be assessed $3,164.84 and 41 other properties the assessment would be based on front footage costs of $98.33 per front foot. 42 43 Director Lee explained that there is a 60-day appeal period required and the next action is to 44 order the project as outlined if Council makes the determination to proceed. 45 Mounds View City Council December 11, 2006 Regular Meeting Page 9 1 Director Lee indicated that Staff has the survey information and will consider it when planning 2 for this project. He then said that if Hillview is narrowed then a sidewalk would be included and 3 the street would be signed for no parking. 4 5 Director Lee reviewed the issues raised by the survey and explained how Staff proposes to 6 resolve the issue. He then said that all of the issues are design issues that can be resolved in the 7 beginning of next year should the project proceed. 8 9 Mayor Marty opened the public hearing. 10 11 Robert Glazer of 2625 Hillview Road said that he has questions regarding the project. He then 12 asked if the street improvement project was something that the residents requested. 13 14 Mayor Marty indicated that a majority of the residents did support the project. 15 16 Mr. Glazer asked for the results of the survey. 17 18 Director Lee indicated that the first question was whether residents were generally in favor or 19 opposed and noted that 70.4% were in favor of the project. 20 21 Mr. Glazer asked for information on how much the survey has cost the residents. 22 23 Staff indicated that information was not available at this meeting but could be provided. 24 25 Mr. Glazer indicated that the assessment proposal has gone from $2,500 up to $3,500 per person 26 and he would like to know whether his taxes will go up $300 per year for 10 years. 27 28 Director Lee indicated that it would be closer to $400 per year for 10 years. 29 30 Mr. Glazer indicated that his question is whether the project will appreciate the value of his home 31 and whether that will increase his property taxes through increased valuation. 32 33 Director Lee indicated that the value has to increase based on the assessed improvements and, if 34 it does not, the City would have the burden of showing that there was value to the improvement. 35 36 Mr. Glazer said that he has an interior lot and he pays as much for the assessment as a corner lot 37 and they have twice as much frontage. 38 39 Mayor Marty explained that the City had developed a policy for handling corner lots. 40 41 Mr. Glazer said that it feels like this is being shoved through for approval. 42 43 Council Member Thomas said that this will not be approved until sometime in June 2007 and 44 there will be new Council Members at that time. 45 Mounds View City Council December 11, 2006 Regular Meeting Page 10 1 Council Member Gunn said that this is not being rushed and it will follow the construction 2 schedule and has been under consideration for a long time. 3 4 Director Lee addressed the water issues with this project. 5 6 James Miller of 7980 Fairchild Avenue asked whether there was input from the citizens on the 7 plan to disconnect Hillview and Fairchild from County Road 10. 8 9 Council indicated that there were discussions for the last year with public meetings. 10 11 Mr. Miller indicated that he uses the County Road 10 access point to get to Fairchild Avenue and 12 this change would send them past the Kindercare and that will create a visual block for the 13 drivers coming down Hillview to Fairchild because the Kindercare employees park along the 14 street. He then said that this will also increase the traffic on Red Oak. He further said that there 15 are other things that bother him on the design issues but the biggest one is that the streets are 45 16 or 50 years old and it embarrasses him to live in a City that does not take care of its streets. 17 18 Mr. Miller indicated that one of the main issues he has is this is a lot of money because his 19 County taxes and school district taxes are going up and that is a struggle for him. 20 21 Mr. Miller indicated that something needs to be done with the streets but he does not think that 22 curb and gutter are needed. He then said that he has lived there for 26 years and nothing has been 23 done for 26 years and now it is so far gone that it will cost $3,000 for residents to fix it. 24 25 Mayor Marty explained that the Council Members are common people that pay taxes too and 26 Councils prior to this one had reduced funding for streets down to where nothing could be done. 27 He then explained that the City has been taking funds from the franchise fees and dedicating 28 them to a fund for street projects so that residents did not have to pay for the entire project. 29 30 Mayor Marty indicated that the City does not have to bond and incur more debt to do this project. 31 He said that the streets are falling apart and it is time to do something about it and, unfortunately, 32 residents will have to contribute toward the costs. He then said that the City has taken steps to 33 limit the amount that residents have to pay by creating a fund for street improvements. He 34 further said that the utilities need to be done at the time the street is reconstructed because the 35 utilities are as old as the streets and it would not make sense to do the street without the utilities. 36 37 Mayor Marty indicated that, with appropriate maintenance, the streets should last another 30 38 years. 39 40 William Werner of 2765 Sherwood Road said that he wishes that each person that talks about the 41 surveys would list how many responses and how many surveys were sent back. He then said that 42 there were a lot of meetings where few people show up. 43 44 Mounds View City Council December 11, 2006 Regular Meeting Page 11 Director Lee indicated there are 328 properties in the area and the City received 98 survey forms. 1 The public informational meeting had 29 attendees. 2 3 Naja Werner of 2765 Sherwood Road agreed that the streets are in bad shape but said that this 4 City seems to be spending money on everything but the necessary infrastructure that should be 5 done. She then said that the family center is an example as residents were told it would cost $2.4 6 million and it went up to over $6 million that was the same thing with the golf course with 7 subsidizing that. She further said that all of that money could have been used to fix the streets 8 and she hopes that future Councils make sure that funds are used for necessities rather than 9 amenities. 10 11 Ms. Werner indicated that it concerns her that there are so many residents that are not concerned 12 with how their tax dollars are being spent and she feels it is time that more residents pay attention 13 to how money is being spent and not just to what applies to them or their property. 14 15 Mr. Glazer asked what residents do with their outgoing mail with group mailboxes. 16 17 Mayor Marty indicated that is part of the design process. 18 19 Anna Schovanec of 7959 Sunnyside Road said that they feel that this is a heavy financial burden 20 for those on limited incomes and lower incomes in the area. She then said that there are families 21 that may not feel good about this project but they cannot make it here and she feels that the City 22 should do something more to get residents opinions. 23 24 Ms. Schovanec indicated that they will be petitioning because they oppose the project and that 25 will be time spent on their part trying to stop the project and she feels that if there had been more 26 of an attempt to get resident input the petition would not be necessary. 27 28 Ms. Schovanec indicated that the $400 is a big input for them every year to allow for curbs on the 29 street when that is not needed and this could be done with just smoothing out the pavement. 30 31 Tom Kayser of 2370 Hillview Road said he questions the narrowing of Hillview Road and what 32 the purpose is. 33 34 Mayor Marty indicated that the matter is still up for discussion to slow traffic. 35 36 Director Lee indicated that Hillview is a wider road than standard City streets and it is being 37 considered for narrowing because there was input that asked the City to narrow the street. 38 39 Council Member Thomas explained that it was a major trunk road at one time and it is not 40 getting that much use and the wider road speeds the traffic up and narrowing it would slow traffic 41 down. 42 43 Mr. Kayser indicated that his wife has a daycare and this may impact her business. 44 45 Mounds View City Council December 11, 2006 Regular Meeting Page 12 Council indicated that they intend to go out and look at it and consider it carefully. 1 2 Ms. Schovanec said that she would like to know the actual responses from residents from the 3 survey. 4 5 Director Lee explained that the responses from the survey done in April are included in the 6 report. He then reviewed the information from the survey. 7 8 Ms. Schovanec asked what she should have said in her response to ensure that the project is shut 9 down. 10 11 Council Member Gunn asked whether residents want the street fixed. 12 13 Ms. Schovanec indicated that she wants the road fixed but does not want to pay for curb and 14 gutter. She then asked what the petition needs to state. 15 16 Director Lee indicated that Staff can provide the proper wording for that for residents. 17 18 Ms. Werner asked whether the City is involved in any projects which could be called amenities 19 or projects that could be postponed and the money used for those be applied to this project to 20 lower the assessments for the property owners. 21 22 Mayor Marty there are some park buildings but that comes out of the park funds. 23 24 Finance Director Beer said that would set a poor precedent for future residents who would not 25 have funds toward their project. 26 27 Ms. Werner asked about spending less money on trails or something and put that money into 28 street reconstructions. She then said that there are a lot of older people on fixed incomes. 29 30 Ms. Werner asked if this project will be paid for completely or whether there will be bonds sold 31 for this project. 32 33 Council indicated there will not be bonding for the project. 34 35 Ms. Werner said that she thinks that the City should tighten its belt and not do some of these 36 things that are being done like the Family Center and the Golf Course and she wants Council to 37 use its resources wisely. 38 39 Thomas Winiecki of 2748 Sherwood Road said that the longer the project waits the more it costs. 40 41 Jim Kavanaugh of 7956 Red Oak Drive said that he is in favor of the project because the streets 42 are bad and it is time to do the project and no one wants to pay for it but it needs to be done. 43 44 Mayor Marty closed the public hearing. 45 Mounds View City Council December 11, 2006 Regular Meeting Page 13 1 MOTION/SECOND: Gunn/Flaherty. To Waive the Reading and Approve Resolution 6982, 2 Approving the 2007-2008 Street and Utility Improvement Project Feasibility Report. 3 4 Council Member Thomas said that if there were any midrange options narrowing Hillview that 5 was to be included in this report. She then asked why the Council is limited to only two options 6 for widths. 7 8 Director Lee explained that the time to get the feasibility report was limited so Staff was rushing 9 to get it done. He then said that more options for Hillview can be done as part of the design 10 process. 11 12 Council Member Stigney suggested that since some people are strapped for money he was 13 wondering if Council could extend this up to 15 years to lessen the impact per year. He then said 14 that he has watched the meetings and asked questions about street reconstruction and he has 15 concerns about the overall cost difference from reconstructing the street as it exists versus putting 16 in curb and gutter and he has not gotten that answer. 17 18 Council Member Stigney said that this looks like the 2003 with a surmountable bituminous or 19 concrete curb and until the changes are made he will not support the project. 20 21 Director Lee indicated that Page 12 and 13 are revised to make comparisons on concrete barrier 22 and bituminous or concrete curb. 23 24 Council Member Stigney said he would like the information on how the street exists now to be 25 redone the same and without curb and gutter. 26 27 Director Lee indicated that this is not something that there are specs for any more and that is the 28 issue that this is not a standard practice any more. 29 30 Mayor Marty indicated that he thinks that his street is a lot of years out and he would prefer to do 31 it now and be assessed at these prices rather than wait and pay more. 32 33 Council Member Thomas said that she has heard this before and her frustration is that the City 34 cannot get people to take interest in what is going on with these projects. She then said that there 35 have been many neighborhood meetings and three mailings for the first meeting so she feels that 36 there has been a lot of request for input for the project. She also asked that residents continue to 37 follow this and make opinions and comments known. She further said that the streets need to be 38 fixed because it is way past the time to make the repairs. 39 40 Mayor Marty said that this is not just pavement it is water and sewer underneath and the City 41 Engineers have been telling the Council where the roads are the worst and this is the first step in 42 the next street project. He then asked residents to call the City or call the Council Members to 43 provide input. 44 45 Mounds View City Council December 11, 2006 Regular Meeting Page 14 Ayes – 4 Nays – 0 Motion carried. 1 2 Council Member Stigney abstained from voting, as he has not received the requested 3 information. 4 5 D. Resolution 6983, Denying Plan Submitted by T-Mobile for a 6 Communications Pole 7 8 Public Works Director Lee indicated that the proposal was presented to Council for consideration 9 on November 27, 2006 and then reviewed a Resolution of denial for the project. 10 11 MOTION/SECOND: Gunn/Stigney. To Waive the Reading and Approve Resolution 6983, 12 Denying Plan Submitted by T-Mobile for a Communications Pole With Option 2B as Amended. 13 14 Council Member Gunn indicated that this is a park and a park is a place where kids go to play. 15 She then said that this is not the place for this. 16 17 Council Member Flaherty indicated that 2B says that if Park and Recreation still wants to 18 negotiate it they can still do that through a formal submittal. 19 20 Community Development Director Ericson indicated that Staff has spoken to the City Attorney 21 and, if 2B is the desired action, Council should strike “without a formal special use application”. 22 He then explained that because the City is the landowner, there should be a lease or a negotiation 23 before that is brought to the Planning Commission. He further said that 2B cannot be approved 24 because the City needs to sign off on any application as the property owner. 25 26 City Attorney Riggs indicated that if there is no lease then this cannot move forward and, if 27 Council is not supporting that, there is no need to move forward. 28 29 MOTION/SECOND: Gunn/Marty. To Amend 2B to Remove the Language Regarding the 30 Special Use Permit. 31 32 Director Lee indicated that T-Mobile is expressing a willingness to work with the City and Parks 33 and Recreation. 34 35 Ayes – 5 Nays - 0 Motion carried. 36 37 Council Member Thomas clarified that she is not sure that she is in favor of this use of a City 38 park as the plan was presented to Council. She then said that she feels like she is slamming the 39 door before things have been further discussed to address the issues. 40 41 Council Member Stigney said that this is denying the proposed plan. 42 43 Mayor Marty said that he does not want to sell the City’s parks regardless of how they plan to 44 dress it up. 45 Mounds View City Council December 11, 2006 Regular Meeting Page 15 1 Council Member Gunn said that her other major concern is allowing this one to go through and 2 then having to allow other companies to come in and do the same. 3 4 Council Member Flaherty said that T-Mobile is not the evil empire but the City does not want to 5 put this in the City’s parks. 6 7 Council Member Stigney indicated that this plan for Groveland does not work and that is what is 8 being voted on. 9 10 Ayes – 4 Nays – 1(Thomas) Motion carried. 11 12 E. Resolution 6976, Closing Fund 499 MSA Capital Projects Fund 13 14 Finance Director Beer explained that a previous Finance Director never used this fund for 15 construction projects and current projects are paid for out of the street improvement project and 16 this Resolution would take care of closing the fund and transferring funds to the street 17 improvement project. 18 19 MOTION/SECOND: Marty/Flaherty. To Waive the Reading and Approve Resolution 6976, 20 Closing Fund 499 MSA Capital Projects Fund. 21 22 Council Member Stigney asked how the MSA funds will be accounted for. 23 24 Finance Director Beer explained that these funds are not really MSA funds. He then said that 25 Staff can structure the fund to reflect the MSA grants coming in. 26 27 Ayes – 5 Nays – 0 Motion carried. 28 29 F. Resolution 6974 Adopting the 2007 Property Tax Levy 30 31 MOTION/SECOND: Gunn/Thomas. To Extend the Council Meeting. 32 33 Ayes – 5 Nays – 0 Motion carried. 34 35 Finance Director Beer indicated that Staff recommends approval of Resolution 6974 Adopting 36 the 2007 Property Tax Levy. 37 38 Carol Mueller of 8343 Groveland Road said she would like to say that the Mayor, Council and 39 Staff is to be highly commended for taking a stand and doing careful research and holding the 40 line on tax increases in the City. She then thanked them for their work to do this. 41 42 Council Member Stigney asked to add the water fund fees. He then said that $291,600 is being 43 put into the general fund from the levy reduction fund and that concerns him because $540,000 is 44 being taken from franchise fees and he is concerned about this. 45 Mounds View City Council December 11, 2006 Regular Meeting Page 16 1 Finance Director Beer explained that a portion of the $291,600 represents permit revenue fund 2 and the amount that is being transferred is $157,600 which represents a 4.1% increase. 3 4 MOTION/SECOND: Gunn/Thomas. To Waive the Reading and Approve Resolution 6974, 5 Adopting the 2007 Property Tax Levy. 6 7 Council Member Stigney indicated that if it was reduced to 3% he could have supported this. 8 9 Mayor Marty indicated that this started out at $225,000 and it was reduced to $157,600 with the 10 help of Staff. He then thanked everyone for their assistance. He further thanked Staff for how 11 the changes and documentation of changes along the way were handled to make it easier for 12 Council and residents to follow. 13 14 Council Member Stigney indicated that $540,000 on franchise fees was brought in from the 15 people so when you look at the total package it is not that great. 16 17 Mayor Marty indicated that half of the franchise fees goes toward street improvement. 18 19 Ayes – 4 Nays – 1(Stigney) Motion carried. 20 21 G. Resolution 6975 Adopting 2007 Budgets for All Funds 22 23 MOTION/SECOND: Gunn/Thomas. To Waive the Reading and Approve Resolution 6975, 24 Adopting 2007 Budgets for all Funds. 25 26 Council Member Stigney indicated that he would like to know why the water meter fund is not 27 reflected on Page 2. 28 29 Finance Director Beer indicated there is no separate fund. 30 31 Council Member Stigney said that he thinks the City could have been done better on the budget. 32 33 Ayes – 4 Nays – 1(Stigney) Motion carried. 34 35 H. Resolution 6978, Authorizing Abatement of Nuisance Code Violations 36 at 7867 Eastwood Road 37 38 Housing Inspector Anderson addressed Council and explained the Code violations at 7867 39 Eastwood Road. 40 41 Council Member Thomas asked what the total cost of the abatement would be. 42 43 Housing Inspector Anderson explained that it would be at least a couple of thousand dollars but 44 he is not sure at this time. 45 Mounds View City Council December 11, 2006 Regular Meeting Page 17 1 Council Member Flaherty asked how Staff could abate the vehicles without current license. 2 3 Housing Inspector Anderson indicated that the City can have the vehicles towed off the property 4 but usually does not have to do so. 5 6 MOTION/SECOND: Flaherty/Stigney. To Waive the Reading and Approve Resolution 6978, 7 Abatement of Nuisance Code Violations at 7867 Eastwood Road. 8 9 Council Member Stigney asked if gas and electric is on at this location. 10 11 Housing Inspector Anderson indicated that due to the Cold Weather Rule they cannot be turned 12 off now but will be when the time expires. 13 14 Ayes – 5 Nays - 0 Motion carried. 15 16 I. Resolution 6985, Approving Non-Union Cost of Living Adjustment, 17 Benefit Contribution Adjustment and Pay Equity Adjustment 18 19 City Administrator Ulrich indicated that this Resolution will approve a 3% cost of living increase 20 and health insurance contributions and the Resolution also makes an adjustment for pay equity 21 for two female employees. 22 23 MOTION/SECOND: Gunn/Flaherty. To Waive the Reading and Approve Resolution 6985, 24 Approving Non-Union Cost of Living Adjustment, Benefit Contribution Adjustment and Pay 25 Equity Adjustment. 26 27 Mayor Marty indicated that due to the pay equity study it has come to light that some employees 28 are underpaid and the City is mandated to start compensating to bring them into compliance but 29 some of the cities’ employees are designated as overcompensated for their classification like the 30 City Administrator and some of the Department Heads and he would like to look at the Pay 31 Equity Study and start making these adjustments at this time. He then suggested a 1 or 2% raise 32 for those employees who were designated as overcompensated. 33 34 MOTION/SECOND: Marty. To Amend to Require that the City Administrator and Department 35 Heads be Referred Back to the HR Committee for Consideration and if the Vote Goes Otherwise 36 Raises Would be Retroactive. 37 38 The Motion failed for lack of a second. 39 40 City Administrator Ulrich explained that the pay equity deals with gender equity and the 41 Compensation Plan is something different. 42 43 Mounds View City Council December 11, 2006 Regular Meeting Page 18 Council Member Flaherty clarified that there is nothing that states that they are overpaid but that 1 they are slightly over the median. He then said that Human Resources has discussed this and will 2 address it in the future but they are not overpaid just slightly over the median. 3 4 Mayor Marty agreed that overpaid was not a good choice of words. 5 6 Council Member Thomas said that she does not feel that there are any employees that are 7 overpaid at this time. She then said that she would like to say that some of this pay equity would 8 not be necessary if the City had one Department Head that was female and she understands the 9 state law but she is frustrated by the segregation that this causes and the categorizing of the job 10 pools as gender roles. 11 12 Council Member Stigney indicated that this gender equity is required by state law and then he 13 commented that the reason that these are being pulled up higher is because of the Police 14 Department and Public Works which are all male. 15 16 Ayes – 5 Nays - 0 Motion carried. 17 18 J. Resolution 6986, Approving Severance for Kimberly Blackford, 19 Mounds View Communications Coordinator 20 21 City Administrator Ulrich indicated that this is a severance payment for Ms. Kimberly Blackford. 22 23 MOTION/SECOND: Gunn/Thomas. To Waive the Reading and Approve Resolution 6986, 24 Approving Severance for Kimberly Blackford, Mounds View Communications Coordinator. 25 26 Mayor Marty indicated that this employee did tender her resignation and the balance of her 27 vacation time was 13.91 hours for $270.69. 28 29 Ayes – 5 Nays -0 Motion carried. 30 31 K. Resolution 6987, Approving a Step Increase for Don Burda, Full-Time 32 Temporary Building Inspector, Officer Ben Knitter, Mounds View Police 33 Officer, and Justin Solberg, Mounds View Public Service Officer. 34 35 City Administrator Ulrich read Resolution 6987, Approving a Step Increase for Don Burda, Full-36 Time Temporary Building Inspector, Officer Ben Knitter, Mounds View Police Officer, and 37 Justin Solberg, Mounds View Public Service Officer. 38 39 MOTION/SECOND: Flaherty/Gunn. To Approve Resolution 6987, Approving a Step Increase 40 for Don Burda, Full-Time Temporary Building Inspector, Officer Ben Knitter, Mounds View 41 Police Officer, and Justin Solberg, Mounds View Public Service Officer. 42 43 Mounds View City Council December 11, 2006 Regular Meeting Page 19 Mayor Marty noted that the Public Safety Officer assists with Code Enforcement and has taken a 1 big load off of Jeremiah Anderson. He then said that he also helps out the Community 2 Development Department. 3 4 Ayes – 5 Nays – 0 Motion carried. 5 6 L. Resolution 6977, Approving the Purchase of a Public Safety Video 7 Monitoring Project with Grant Funding 8 9 Chief Sommer indicated that the City applied for a grant to fund a public safety video monitoring 10 system for the City and has received $24,681. Staff recommends approval in the amount of 11 $25,206.00 payable from the grant fund with the additional $525.00 from the Police Department 12 equipment fund. 13 14 Council Member Stigney asked what the operating temperature is of the entire system. 15 16 Chief Sommer indicated that the power transformer would be converted from the system and 17 these are all designed for outdoor use. 18 19 Council Member Stigney asked the Chief to find out the complete range of temperatures that the 20 equipment will function at. 21 22 Council Member Stigney asked what exact equipment the City is getting with approval of this 23 quote. 24 25 Chief Sommer indicated that some of the data is background data but the detailed cost sheet lists 26 the exact camera models being approved. 27 28 Council Member Stigney asked if all the cameras will be the same and asked that the Chief 29 provide the specs on the equipment being purchased. 30 31 Mayor Marty asked about the enclosure assembly plug in type for easy removal and said he is 32 concerned about theft. 33 34 Chief Sommer indicated that these are not meant to be easily accessed. 35 36 Jonathan Thomas of 8040 Groveland Road explained that these will be bolted on but the cables 37 can be quick adapter removed for service. 38 39 MOTION/SECOND: Thomas/Gunn. To Waive the Reading and Approve Resolution 6977, 40 Approving the Purchase of a Public Safety Video Monitoring Project with Grant Funding. 41 42 Ayes – 5 Nays – 0 Motion carried. 43 44 Mounds View City Council December 11, 2006 Regular Meeting Page 20 O. First Reading of Ordinance 782, An Ordinance Amending Section 1 7.10 of the Mounds View City Charter Referring to City Indebtedness 2 3 City Administrator Ulrich explained that the first reading was cancelled so this is the first reading 4 and this would be published for a second and final reading in January. 5 6 Jonathan Thomas said that they have worked with the Council to make changes to retain the 7 change from the original draft that was more negative and it was changed to a positive approach 8 to changing the Charter. 9 10 City Attorney Riggs indicated that they have gone back and forth and, as written, the change 11 underlined deleted the word specifically. 12 13 Mayor Marty asked if bonding for City street projects would be required to be sent to 14 referendum. 15 16 City Attorney Riggs indicated that if there is 20% for assessment that allows the City to do so 17 without going out for a referendum. 18 19 City Attorney Riggs indicated that this change is consistent with what the State Statutes set forth 20 and in agreement with the proposal of the Charter Commission. 21 22 MOTION/SECOND: Thomas/Flaherty. To Waive the Reading and Approve Ordinance 782 as 23 Amended. 24 25 Ayes – 5 Nays – 0 Motion carried. 26 27 M. Resolution 6980, Approving an Amendment to the YMCA Agreement 28 for Professional Services – Event Center Management Staff 29 30 City Administrator Ulrich explained that this item was reviewed at worksessions in November 31 and December and this would provide a 32-hour per week staffing for the Community Center and 32 Event Center as envisioned by the Task Force. 33 34 Mayor Marty said that the City is paying for internet access and it is not working. 35 36 Staff indicated it was down at the time but it is up and running again. 37 38 MOTION/SECOND: Flaherty/Gunn. To Waive the Reading and Approve Resolution 6978, 39 Approving an Amendment to the YMCA Agreement for Professional Services – Event Center 40 Management Staff. 41 42 Council Member Stigney indicated that he does not think that someone should be hired inside 43 and he would like to hire someone outside to manage it. 44 45 Mounds View City Council December 11, 2006 Regular Meeting Page 21 Ayes – 4 Nays – 1(Stigney) Motion carried. 1 2 N. Resolution 6981, Amending Marketing Budget for the Mounds View 3 Community Center 4 5 City Administrator Ulrich requested approval of the price range of up to $600 for advertising on 6 a website that is easy to use and that would direct interested parties to the Community Center. 7 8 MOTION/SECOND: Marty/Stigney. To Postpone to the January Meeting to Allow Time for 9 Staff to Look into Costs for the Perfect Wedding Guide Website. 10 11 Mayor Marty indicated that he discussed this with Mr. Hall at the Mermaid who had him talk to 12 the Marketing Director and the Mermaid uses four websites. The Marketing Director 13 recommended the Perfect Wedding Guide as it is a good site that covers Minnesota. 14 15 Council Member Thomas said that she thought this money was going to come out of the budget 16 not be an addition to the budget. 17 18 Council Member Flaherty said that he understood that this was going to be an addition to it. 19 20 Ayes – 5 Nays – 0 Motion carried. 21 22 8. CONSENT AGENDA 23 24 A. License for Approval None. 25 B. Resolution 6988, Setting the 2007 Meeting Dates for City Council Meetings 26 C. Resolution 6989, Approving the AFSCME 2006-200 Contract Amendments 27 D. Set a Public Hearing for Monday, January 8, 2007 at 7:05 p.m. to Consider a 28 Conditional Use Permit for an Oversize Garage at 8410 Knollwood Drive; 29 Planning Case CU2006-010 30 E. Resolution 6979 Approving New and Revised Standard Operating Guidelines 31 for Code Enforcement 32 F. Resolution 6990 Revising Section 3.40 of the Mounds View Personnel Manual 33 Pertaining to Vacation Accrual Schedule 34 G. Set a Public Hearing for Monday, January 8, 2007 at 7:10 p.m. for a Second 35 Reading and Adoption of Ordinance 782, an Ordinance Amending Section 36 7.10 of the Mounds View City Code Pertaining to City Indebtedness 37 38 Council Member Thomas requested that Item G be removed for discussion because it is not 39 worded properly as the City is changing the City Charter not the City Code. 40 41 MOTION/SECOND: Thomas/Gunn. To Approve Consent Agenda Items B, C, D, E, and F. 42 43 Ayes – 5 Nays – 0 Motion carried. 44 45 Mounds View City Council December 11, 2006 Regular Meeting Page 22 MOTION/SECOND: Thomas/Gunn. To Approve Consent Agenda Item G as Amended to be 1 Amending the City Charter not the City Code. 2 3 Ayes – 5 Nays – 0 Motion carried. 4 5 9. JUST AND CORRECT CLAIMS 6 7 Council Member Flaherty asked which Display Board required this expenditure. 8 9 City Administrator Ulrich indicated that the current receptionist received some training on the 10 display board. 11 12 Council Member Flaherty asked for information on the tree removals for $7,600. 13 14 Finance Director Beer indicated that the Forester provides a list of trees that need to be removed 15 and the removal fees are billed back to the property owners. 16 17 Mayor Marty asked if some of the expenses were not billable to Valmeer. 18 19 City Administrator Riggs indicated that they should all be billable to Valmeer. 20 21 Mayor Marty asked Staff to remove the ones that have been paid off. 22 23 MOTION/SECOND: Gunn/Thomas. To Approve Just and Correct Claims as Presented. 24 25 Ayes – 5 Nays – 0 Motion carried. 26 27 10. APPROVAL OF MINUTES 28 29 A. November 13, 2006 Minutes 30 31 Mayor Marty indicated that he sent his corrections in. 32 33 Council Member Flaherty requested that Chief Sommer’s name spelling be corrected. 34 35 MOTION/SECOND: Thomas/Gunn. To Approve the November 13, 2007 Minutes as 36 Amended. 37 38 Ayes – 5 Nays – 0 Motion carried. 39 40 Mayor Marty indicated it has been quite a joy having Joan back. 41 42 B. November 27, 2006 43 44 Mounds View City Council December 11, 2006 Regular Meeting Page 23 MOTION/SECOND: Gunn/Thomas. To Approve the November 27, 2006 Minutes as 1 Presented. 2 3 Ayes – 5 Nays – 0 Motion carried. 4 5 11. REPORTS 6 7 A. Reports of Mayor and Council 8 9 Mayor Marty indicated that Irondale had a Youth and Government Meeting tonight from 6:00 10 p.m. to 8:00 p.m. that he was unable to attend. 11 12 Mayor Marty thanked Council Members Thomas and Gunn for their work and service to the City 13 during their terms in office. 14 15 Mayor Marty ind icated that the Planning Commission and the Parks and Recreation Commission 16 have openings and the deadline to apply is December 15, 2006 applications are available online 17 and at City Hall. He then announced that there will not be a Council Meeting on Tuesday, 18 December 26, 2006. 19 20 Council Member Thomas thanked residents and Staff for the privilege and challenge of working 21 for and with the City. 22 23 Council Member Gunn thanked everyone for their assistance while she was on Council. 24 25 Council Member Stigney indicated that he has enjoyed working with Council Members Gunn 26 and Thomas and said he will miss working with them. 27 28 Council Member Flaherty thanked Council Members Gunn and Thomas for their guidance and 29 assistance as he began on Council. 30 31 Mayor Marty thanked Council Members Gunn and Thomas for their work for the City. 32 33 Council Member Thomas wished the incoming Council Members the best of luck. 34 35 Mayor Marty wished everyone a Happy Holiday season. 36 37 B. Reports of Staff 38 39 City Administrator Ulrich thanked Council Members Gunn and Thomas on behalf of the Staff 40 and said that he has enjoyed working with them. 41 42 City Administrator Ulrich indicated that the play structure is being installed at the Community 43 Center this week and it should be ready for the holiday break. 44 45 Mounds View City Council December 11, 2006 Regular Meeting Page 24 City Administrator Ulrich indicated that the exercise equipment will be installed within the next 1 few weeks. 2 3 City Administrator Ulrich indicated that there is an outgoing elected officials meeting on Friday 4 for recognition of outgoing officials. 5 6 City Administrator Ulrich indicated that Xcel has a franchise service at Medtronic and needs to 7 do a temporary gas purchase from Centerpointe Energy. 8 9 City Attorney Riggs said that it looks like Xcel will service the site but there is potentially a need 10 for an arrangement with Centerpointe Energy and there is an agreement to be amended for the 11 one property. He then said that it appears there is wiggle room in state statute and the City 12 Charter and as long as the City gets the franchise fee it should get then it is workable. 13 14 Council agreed with the situation as outlined by the City Attorney. 15 16 Mayor Marty asked when the Random Park building will be open and ready to be used. 17 18 City Administrator Ulrich indicated that the Eagle Scout will be painting December 23 or 24th 19 and then the carpeting will be installed. 20 21 C. Reports of City Attorney 22 23 None. 24 25 12. Next Council Work Session: Tuesday, January 2, 2007, at 7:00 p.m. 26 Next Council Meeting: Tuesday, January 2, 2007, at 6:00 p.m.(Special) 27 28 13. ADJOURNMENT 29 30 The meeting was adjourned at 11:15 p.m. 31 32 Transcribed by: 33 34 Joan Lenzmeier, Recording Secretary 35 TimeSaver Off Site Secretarial, Inc. 36