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HomeMy WebLinkAboutAgenda Packets - 2007/03/26 CITY OF MOUNDS VIEW CITY COUNCIL MEETING AGENDA MOUNDS VIEW CITY HALL Monday, March 26, 2007 7:00 p.m. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Marty, Stigney, Flaherty, Hull, Mueller 4. APPROVAL OF AGENDA 5. PUBLIC INPUT: Citizens may speak to issues not on tonight’s agenda. Before speaking, please give your full name and address for the minutes. Also, please limit your comments to three minutes and sign in on the sign-in sheet located on the podium. A. Report on Townsedge Terrace Concerns from March 12, 2007 Meeting 6. SPECIAL ORDER OF BUSINESS 7. COUNCIL BUSINESS A. Resolution 7047 Approving an Off Sale 3.2 Malt Liquor License for Aldi Foods located at 2537 County Highway 10 in Mounds View. B. 7:10pm Public Hearing to Consider Resolution 7043, Approving an Outdoor Consumption Endorsement for Moe’s Located at 2400 County Highway 10 in Mounds View. C. Resolution 7051 Approving Full-time Cable Coordinator Position and Advertisement for Hire D. First Reading of Ordinance 787 Approving an Amendment to Chapter 1102 of the Mounds View Zoning Code to define Health and Beauty Services. E. Resolution 7048 Granting a 60-Day Extension for the Removal of Billboards on the Medtronic Property. F. Resolution 7049, Step Increases for Officer Tim Wolf and Officer Keith Demarest of the Mounds View Police Department. G. Resolution 7052 Approving the 2007 Seasonal Public Works Positions H. Resolution 7053 Holding the Public Improvement Hearing, Ordering the Project, Approving Plans and Specifications, Authorizing the Advertisement for Bids, and Setting a Bid Date for the Oakwood Park Improvement Project – Phase 1 8. CONSENT AGENDA A. Licenses for Approval B. Schedule a Public Hearing for Monday, April 9, 2007 at 7:05pm to Consider a Major Subdivision for the property located at 8360 Long Lake Road. C. Schedule a Public Hearing for Monday, April 9, 2007 at 7:10pm to Consider Second Reading of Ordinance 787 Approving an Amendment to Chapter 1102 of the Mounds View Zoning Code to define Health and Beauty Services. D. Resolution 7028 Adopting a Calendar for the Preparation of the 2008 Budget E. Resolution 7050 Approving a Charitable Gambling License for the Mounds View Community Theatre to conduct charitable gambling (Bingo) at Mounds View City Hall Park on Sunday, August 19, 2007 for the Mounds View Festival in the Park. F. Resolution 7055 Approving Contracts Associated with the 2007 Tree Removal and Tree Trimming Programs G. Schedule a Public Hearing for Monday, April 9, 2007 at 7:15pm to Consider an Amendment to the Mounds View Zoning Code: Amend Chapter 1102 to define a Neighborhood Motor Fuel Station and Amend Chapter 1113 to allow a Neighborhood Motor Fuel Station as a Conditional Use in a B-2 District. H. Schedule a Public Hearing for Monday, April 9, 2007 at 7:20pm to Consider a Minor Subdivision, and Conditional Use Permit for the property located at 2280 County Road I. 9. JUST AND CORRECT CLAIMS 10. APPROVAL OF MINUTES A. February 26, 2007, City Council Minutes. 11. REPORTS A. Reports of Mayor and Council B. Reports of Staff 1. Finance Quarterly report C. Reports of City Attorney 12. Next Council Work Session: Monday, April 2, 2007 @7pm Next Council Meeting: Monday, April 9, 2007 @7pm CITY OF MOUNDS VIEW CITY COUNCIL MEETING AGENDA MOUNDS VIEW CITY HALL Monday, March 26, 2007 7:00 p.m. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Marty, Stigney, Flaherty, Hull, Mueller 4. APPROVAL OF AGENDA 5. PUBLIC INPUT: Citizens may speak to issues not on tonight’s agenda. Before speaking, please give your full name and address for the minutes. Also, please limit your comments to three minutes and sign in on the sign-in sheet located on the podium. A. Report on Townsedge Terrace Concerns from March 12, 2007 Meeting 6. SPECIAL ORDER OF BUSINESS 7. COUNCIL BUSINESS A. Resolution 7047 Approving an Off Sale 3.2 Malt Liquor License for Aldi Foods located at 2537 County Highway 10 in Mounds View. B. 7:10pm Public Hearing to Consider Resolution 7043, Approving an Outdoor Consumption Endorsement for Moe’s Located at 2400 County Highway 10 in Mounds View. C. Resolution 7051 Approving Full-time Cable Coordinator Position and Advertisement for Hire D. First Reading of Ordinance 787 Approving an Amendment to Chapter 1102 of the Mounds View Zoning Code to define Health and Beauty Services. E. Resolution 7048 Granting a 60-Day Extension for the Removal of Billboards on the Medtronic Property. F. Resolution 7049, Step Increases for Officer Tim Wolf and Officer Keith Demarest of the Mounds View Police Department. G. Resolution 7052 Approving the 2007 Seasonal Public Works Positions H. Resolution 7053 Holding the Public Improvement Hearing, Ordering the Project, Approving Plans and Specifications, Authorizing the Advertisement for Bids, and Setting a Bid Date for the Oakwood Park Improvement Project – Phase 1 8. CONSENT AGENDA A. Licenses for Approval B. Schedule a Public Hearing for Monday, April 9, 2007 at 7:05pm to Consider a Major Subdivision for the property located at 8360 Long Lake Road. C. Schedule a Public Hearing for Monday, April 9, 2007 at 7:10pm to Consider Second Reading of Ordinance 787 Approving an Amendment to Chapter 1102 of the Mounds View Zoning Code to define Health and Beauty Services. City Council Agenda March 26, 2007 Page 2 8. CONSENT AGENDA - CONTINUED D. Resolution 7028 Adopting a Calendar for the Preparation of the 2008 Budget E. Resolution 7050 Approving a Charitable Gambling License for the Mounds View Community Theatre to conduct charitable gambling (Bingo) at Mounds View City Hall Park on Sunday, August 19, 2007 for the Mounds View Festival in the Park. F. Resolution 7055 Approving Contracts Associated with the 2007 Tree Removal and Tree Trimming Programs G. Schedule a Public Hearing for Monday, April 9, 2007 at 7:15pm to Consider an Amendment to the Mounds View Zoning Code: Amend Chapter 1102 to define a Neighborhood Motor Fuel Station and Amend Chapter 1113 to allow a Neighborhood Motor Fuel Station as a Conditional Use in a B-2 District. H. Schedule a Public Hearing for Monday, April 9, 2007 at 7:20pm to Consider a Minor Subdivision, and Conditional Use Permit for the property located at 2280 County Road I. 9. JUST AND CORRECT CLAIMS 10. APPROVAL OF MINUTES A. February 26, 2007, City Council Minutes. 11. REPORTS A. Reports of Mayor and Council B. Reports of Staff 1. Finance Quarterly report C. Reports of City Attorney 12. Next Council Work Session: Monday, April 2, 2007 @7pm Next Council Meeting: Monday, April 9, 2007 @7pm Item No. 07A Type of Business: CB Meeting Date: March 26, 2007 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: Public Hearing to Consider Resolution 7047, Approving a Off-Sale 3.2 Malt Liquor License for Aldi Foods located at 2537 County Highway 10 in Mounds View Aldi Foods will be opening their store on May 1, 2007 at Mounds View Square. Off-Sale 3.2 Malt Liquor License do not require a public hearing in accordance with the City Code, however, it does require this license to be approved by the City Council. Police Inquiry and Investigations The report from the Minnesota Department of Criminal Apprehension for Aldi Foods has not been received. The license would be approved pending a satisfactory report. Utility Billing Inquiry (City of Mounds View) No outstanding bills. Fire Inspection (City of Mounds View Fire Marshal) Aldi Foods has submitted building permit applications. When construction is complete, then the establishment will be inspected. Recommendation Staff recommends that the City Council approve Aldi Foods Off-Sale 3.2 Malt Liquor License pending a satisfactory Fire Inspection and satisfactory report from Minnesota Department of Criminal Apprehension. Respectfully Submitted, Desaree Crane RESOLUTION 7047 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA Resolution Approving a Off-Sale 3.2 Malt Liquor License for Aldi Foods Located at 2537 County Highway 10 WHEREAS, Aldi Foods, will open in Mounds View on May 1, 2007 at 2537 County Highway 10 ; and WHEREAS, Aldi Foods has submitted applications materials for a Off Sale 3.2 Malt Liquor License to operate a Food Store located at 2537 County Highway 10; and WHEREAS, all City of Mounds View business licenses must be approved by the City Council; and WHEREAS, staff recommends approval of Aldi Food’s Off-Sale 3.2 Malt Liquor License with the condition that a satisfactory report from the Fire Marshall and background check from the Minnesota Department of Criminal Apprehension is received. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does hereby approve a Off-Sale 3.2 Malt Liquor License for Aldi Foods, subject to receiving a satisfactory report from the Fire Marshall and a background check from the Minnesota Department of Criminal Apprehension. Adopted this 26th day of March, 2007. ________________________________ Rob Marty, Mayor ATTEST: ________________________________ Kurt Ulrich, City Administrator (seal) Item No. 07B Type of Business: PH & CB Meeting Date: March 26, 2007 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: Public Hearing to Consider Resolution 7043, a Resolution Approving an Outdoor Liquor Consumption Endorsement for Moe’s Located at 2400 Highway 10 in Mounds View Moe’s, located at 2400 Highway 10, has submitted an application for an Outdoor Liquor Consumption Endorsement for 2007. In accordance with Ordinance 771, a special endorsement to the holder of a regular on-sale liquor or on-wine license to allow sales and consumption of liquor or wine outdoors when the outside service is immediately adjacent to and contiguous with the licensed premises. This special endorsement will need to be issued by the City Council to the licensee by resolution after a public hearing on the special endorsement is held. Moe’s currently has an On-sale Intoxicating Liquor License on file with the City and the State of Minnesota Alcohol and Gambling Enforcement. Moe’s is currently scheduling an outdoor event on the deck and pavement next to deck in early June. Attached is a diagram of the layout for your reference. This public hearing was also published in the Mounds View/New Brighton Bulletin and notices were sent by first class mail to residences within a 350 feet radius of the establishment. Recommendation: Staff recommends opening the Public Hearing for public comment. Staff recommends approval of this endorsement. Respectfully submitted, Desaree Crane RESOLUTION 7043 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA Resolution Approving Outdoor Liquor Consumption at Moe’s Located at 2400 Highway 10 in Mound View WHEREAS, Moe’s has a current On-Sale Intoxicating Liquor License on file with the City and the Minnesota Alcohol and Gambling Enforcement; and WHEREAS, Moe’s is requesting to sell intoxicating liquor outdoors; and WHEREAS, Ordinance 771 states that the licensee must make application for the special endorsement to the City and provide site plans which illustrate the proposed outdoor service area; and WHEREAS, all necessary applications, plans and fees for the establishment located at 2400 Highway 10 have been submitted; and WHEREAS, staff has reviewed the application and plans for the outdoor liquor consumption endorsement; and WHEREAS, staff recommends approval of Moe’s Outdoor Liquor Consumption Endorsement. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does hereby approve an Outdoor Liquor Consumption Endorsement for Moe’s, located at 2400 Highway 10 for 2007. NOW, BE IT FURTHER RESOLVED, that this Outdoor Liquor Endorsement for Moe’s will expire on June 30, 2008. Adopted this 26th day of March, 2006. ________________________________ Rob Marty, Mayor ATTEST: ________________________________ Kurt Ulrich, City Administrator (seal) Item No: 07C Meeting Date: March 26, 2007 Type of Business: CB City of Mounds View Staff Report To: Honorable Mayor and City Council From: Kurt Ulrich, City Administrator Item Title/Subject: Resolution 7051 Approving Full-time Cable Coordinator Position and Advertisement for Hire Background In order to fulfill the City’s goal of improved public communication, the need for a Cable Coordinator that would replace the previous Communications Coordinator/ Cable Technician position has been discussed at City Council Work sessions and supported by the City’s Cable Committee. As before, this position would be a fulltime position, and will be a union position under the AFSCME Union Contract. The position would be classified as non-exempt, but would be expected to work flexible hours to avoid overtime. A position description as approved by the Human Resources Committee (Meeting on March 26th) will be provided at the meeting. This new position was established to assist in city communications to primarily be cable television support and related duties. Other items such as web page management and the city newsletter will be reassigned to other existing staff. The funding parameters of this position would be based upon the approximate amount of time the employee would spend on various activities and as a Cable Coordinator would receive 100% funding from the Cable TV Fund. Laumeyer and Associates will be asked to perform a market HAYS points analysis on the revised position, and recommend a revised salary schedule. The AFSCME union will also need to consider and approve of the position changes. Staff will discuss this new position with the AFSCME Union representatives, and seek agreement with the job description and proposed wages. Staff would then draft a Memorandum of Understanding confirming this agreement, and the position would be added to the 2006-2007 AFSCME Union Contract. Below, is the proposed hiring schedule: Council Authorization to Advertise Position: March 26, 2007 Submit position to Laumeyer and Associates March 27, 2007 for HAYS evaluation Review position with AFSCME Union April 6, 2007 Representatives MV/NB Bulletin and Sunday edition of the Pioneer Press: April 6, 2007 Deadline for Submitting Applications: May 1, 2007 Review all Applications: May 1-8, 2007 Top 5 Candidates Decided; May 8, 2007 Interviews: May 9 -10, 2007 Top Candidate Presented to City Council: May 14, 2007 Candidate starts employment: on or about June 4, 2007 Recommendation: Staff is requesting Council approval of the attached Resolution 7051 authorizing the advertisement for the position of Cable Coordinator in the Administration Department. Once a qualified candidate is selected, staff would seek authorization from the City Council to hire the individual. No offer of employment would be made until such authorization is granted by the City Council. RESOLUTION 7051 CITY OF MOUNDS VIEW COUNTY OR RAMSEY STATE OF MINNESOTA Approving Full-time Cable Coordinator Position and Advertisement for Hire WHEREAS, the City of Mounds View Administration Department has a need to fill a fulltime, exempt position; and WHEREAS, the Cable Coordinator/Cable Technician would assist in city communications to include primarily cable television support and related duties as defined in the position description; and WHEREAS, staff will consult with Laumeyer and Associates and request that they perform a market HAYS points analysis on the revised position, and recommend a revised salary schedule, and WHEREAS, staff will discuss this new position with the AFSCME Union representatives, and the representatives and seek agreement with the job description and wages; and NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Mounds View authorizes staff to prepare and post an advertisement for a full-time exempt position of “Cable Coordinator” within the Administration Department, with specific authorization of an individual for hire to be brought back to the Council for approval. Adopted this 26th day of March 2007. __________________________________ Rob Marty, Mayor ATTEST: __________________________________ Kurt Ulrich, City Administrator (seal) POSITION DESCRIPTION (attach) Item No: 07D Meeting Date: March 26, 2007 Type of Business: 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: First Reading and Consideration of Ordinance 787, Approving an Amendment to Chapter 1102 of the Mounds View Zoning Code to define Health and Beauty Services Staff received a phone call from a Kari Murlowski, who would like to conduct alternative wellness at Mounds View Square. Some of the therapies she would conduct include, Healing Touch and Aromatherapy. The techniques, according to Ms. Murlowski require that her clients are fully clothed. Ms Murlowski is not a massage therapist and has no training in massage therapy. Her training is in Health Healing, Aromatherapy, and Raindrop Therapy at the Center for Aromatherapy Research Education (CARE). Alternative Wellness Centers are not regulated by the State, and are not currently covered under the City Code in business licensing. Since this type of business is not State regulated, Staff was directed by City Council to see what other cities are doing to regulate this type of business to include asking the League of Minnesota Cities for information and guidance on the issue. Staff received responses from the cities of Minneapolis, St. Paul, Coon Rapids, Blaine, Arden Hills, Roseville, and the League of Minnesota Cities. Unfortunately, these cities had no information, ordinances or anything in their code regulating this type of business. Staff also spoke to the League, and they also had no information to give us relating to this type of business or anything relating to Alternative Wellness. Since there was no information available, Staff researched the Mounds View City Code pertaining to Zoning. Mounds View Square is in the B-4 Zoning District. Permitted uses in this district include Health and Beauty Services. An argument could be made that Alternative Wellness could be allowed in our City Zoning Code under Health and Beauty Services. However, Health and Beauty Services are not defined in our City Code. Staff spoke with the City Attorney, and it was the City Attorney’s recommendation that we define Health and Beauty Services in our Zoning Code to include information on Alternative Wellness. The City Council concurred with the City Attorney. Staff, with the help and guidance of the City Attorney, drafted a definition for Health and Beauty Services. “Health and Beauty Services: Services performed for the purpose of promoting and maintaining personal health and beauty, including hair salons, fingernail salons, nutrition and diet centers, meditation and yoga clinics, Spa Treatments (such as Facials, Body Wrap Treatments, and Chemical Peels) and Alternative Wellness services (including such activities as Aromatherapy, Acupuncture and Hypnosis) and the like, excluding therapeutic massage or other businesses otherwise defined or regulated by this Code.” Staff presented this proposed definition to the Mounds View Planning Commission on March 5, 2007, and the Planning Commission approved this definition. Attached is the Planning Commission Resolution authorizing Staff to present this definition for consideration to the City Council. Recommendation: Staff recommends the City Council review the proposed definition. This was recommended by the City Attorney and also approved by the Mounds View Planning Commission. Staff will be presenting Second Reading of Ordinance 787 at the April 9, 2007, City Council Meeting. The Public Hearing will be scheduled for Monday, April 9, 2007 at 7:10pm. Respectfully submitted, Desaree Crane MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 860-07 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF AN AMENDMENT TO CHAPTER 1102 OF THE MOUNDS VIEW ZONING CODE TO DEFINE “HEALTH AND BEAUTY” USES WHEREAS, the City Council has directed that a definition be added to the Zoning Code to define “Health and Beauty” uses; and, WHEREAS, City staff, working in consultation with the City Attorney, has prepared a definition to be added to Chapter 1102 of the Mounds View Zoning Code, to read as follows: “Health and Beauty Services: Services performed for the purpose of promoting and maintaining personal health and beauty, including hair salons, fingernail salons, nutrition and diet centers, meditation and yoga clinics, Spa Treatments (such as Facials, Body Wrap Treatments, and Chemical Peels) and Alternative Wellness services (including such activities as Aromatherapy, Acupuncture and Hypnosis) and the like, excluding therapeutic massage or other businesses otherwise defined or regulated by this Code.” WHEREAS, amending the Zoning Code to incorporate such a definition will serve to clarify the zoning requirements; and, WHEREAS, the Mounds View Planning Commission concurs that an amendment to the City Code is warranted and justified. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission recommends approval of an amendment to Chapter 1102 of the Mounds View Zoning Code by incorporating the definition for Health and Beauty uses as defined herein. 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 7th day of March, 2007. _____________________________________ Gary Stevenson, Chairperson ATTEST: _____________________________________ James Ericson, Community Development Director (SEAL) ORDINANCE NO. 787 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVAL OF AN AMENDMENT TO CHAPTER 1102 OF THE MOUNDS VIEW ZONING CODE TO DEFINE “HEALTH AND BEAUTY” USES 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 Planning Commission, has hereby determined that Chapter 1102 of the Mounds View Zoning Code be amended by defining Health and Beauty Services as follows: “Health and Beauty Services: Services performed for the purpose of promoting and maintaining personal health and beauty, including hair salons, fingernail salons, nutrition and diet centers, meditation and yoga clinics, Spa Treatments (such as Facials, Body Wrap Treatments, and Chemical Peels) and Alternative Wellness services (including such activities as Aromatherapy, Acupuncture and Hypnosis) and the like, excluding therapeutic massage or other businesses otherwise defined or regulated by this Code.” SECTION 2. This ordinance takes effect 30 days after its publication in the official City newspaper. INTRODUCTION AND FIRST READING by the City Council of the City of Mounds View this 26th day of March, 2007. PUBLIC HEARING, SECOND READING AND ADOPTION by the City Council of the City of Mounds View this 9th day of April, 2007. _______________________________________ Rob Marty, Mayor ATTEST: _______________________________ Kurt Ulrich, City Administrator (seal) 308303v2 SJR MU205-30 Item No.07E Type of Business: CB Meeting Date: March 26, 2007 City Administrator Review: ______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Kurt Ulrich, City Clerk-Administrator Jim Ericson, Community Development Director Scott J. Riggs, City Attorney Item Title/Subject: Consideration of Request to Consent to a Sixty (60) Day Extension for Removal of Two (2) Billboards as Required by the Acquisition and Relocation Agreement Between the City of Mounds View, the Mounds View Economic Development Authority, and Clear Channel Outdoor, Inc., fka Eller Media Company and the Amended and Restated Purchase Agreement and Contract for Private Development between the Mounds View EDA, the City of Mounds View and Medtronic, Inc. INTRODUCTION/BACKGROUND: The City of Mounds View and the Mounds View Economic Development Authority have received requests from Clear Channel Outdoor, Inc. (“Clear Channel”) and Medtronic, Inc. (“Medtronic”) requesting that the City and EDA grant a sixty (60) day extension to the required removal of two billboards by the date of March 31, 2007, as required by the Acquisition and Relocation Agreement (“Agreement”) entered into between the City, EDA and Clear Channel Outdoor, Inc. The written request of Medtronic and Clear Channel are attached for your reference. In addition to the requirements of the Acquisition and Relocation Agreement, similar requirements for removal and relocation of billboards exist in the Amended and Restated Purchase Agreement and Contract for Private Development between the City, EDA and Medtronic. Clear Channel and Medtronic are making this request for a sixty (60) day extension for the removal of two billboards as required by the Agreement and the Contract to allow Clear Channel and Medtronic to finalize negotiations for a “global settlement” concerning all billboard issues associated with the Agreement and the Contract. Section 2.02 of the Agreement requires that Clear Channel remove Signs 2 and 3 no later than the date of March 31, 2007. The City and EDA staff have been informed that Medtronic and Clear Channel are negotiating and discussing a “global settlement” which 308303v2 SJR MU205-30 includes swapping Sign No. 6 for Sign No. 2 (require the removal of Sign 6 instead of Sign 2) as well as any issues related to the relocation of other billboards covered in the Agreement, and/or any necessary buyout alternatives. It is the intent of Clear Channel and Medtronic to come to final agreement regarding all billboard issues associated with the Agreement and the Contract within the requested sixty (60) day extension time period. RECOMMENDATION: Staff has drafted a resolution which acknowledges the City’s and EDA’s consent to a sixty (60) day extension for the removal of the two (2) billboards as set forth in the Acquisition and Relocation Agreement and the Amended and Restated Purchase Agreement and Contract for Private Development. RESPECTFULLY SUBMITTED BY: Kurt Ulrich, City Clerk-Administrator Jim Ericson, Community Development Director Scott J. Riggs, City Attorney Enclosures: 1. Medtronic, Inc. Correspondence dated March 14, 2007 2. Bernick & Lifson Correspondence (Clear Channel Outdoor, Inc.) dated March 16, 2007. 3. Acquisition and Relocation Agreement dated August 31, 2005. 4. Resolution. 308303v2 SJR MU205-30 Copy of Medtronic Request for an Extension 308303v2 SJR MU205-30 Copy of Clear Channel’s Request for an Extension 308303v2 SJR MU205-30 308303v2 SJR MU205-30 308303v2 SJR MU205-30 308303v2 SJR MU205-30 308303v2 SJR MU205-30 308303v2 SJR MU205-30 308303v2 SJR MU205-30 308303v2 SJR MU205-30 308303v2 SJR MU205-30 308303v2 SJR MU205-30 308303v2 SJR MU205-30 308303v2 SJR MU205-30 1 CITY OF MOUNDS VIEW MOUNDS VIEW ECONOMIC DEVELOPMENT AUTHORITY COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO. 7048 JOINT CITY OF MOUNDS VIEW AND MOUNDS VIEW ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION CONSENTING TO A SIXTY DAY EXTENSION FOR THE TIME PERIOD TO REMOVE TWO BILLBOARDS WHEREAS, the City of Mounds View (“the City”), the Mounds View Economic Development Authority (“EDA”), Clear Channel Outdoor, Inc. (“Clear Channel”) and Medtronic, Inc. (“Medtronic”) have entered into agreements entitled the Acquisition and Relocation Agreement (“the Agreement”) and the Amended and Restated Contract for Private Redevelopment (“the Contract”) concerning the removal and possible relocation of four (4) billboards that are or were located on property previously owned by the City and now owned by Medtronic (the “Property”); and WHEREAS, pursuant to the Agreement and the Contract, two billboards were required to be removed and potentially relocated by March 31, 2006, which has already occurred; and two additional billboards are scheduled to be removed no later than March 31, 2007, and thereafter potentially relocated; and WHEREAS, Medtronic and Clear Channel have requested that the City and EDA consent to a sixty (60) day extension for the removal of the two (2) billboards required to be removed from the Property by March 31, 2007, because Medtronic and Clear Channel are presently negotiating a final resolution as to all billboard issues set forth in the Agreement and the Contract; and WHEREAS, within the requested sixty (60) day time period, Medtronic and Clear Channel intend to provide the City and EDA with a “global settlement agreement” which hopes to bring a final resolution to all billboard issues related to the Agreement and the Contract; and WHEREAS, the City and EDA desire to finalize all billboard issues related to the Agreement and Contract; and WHEREAS, the City and EDA desire to consent to a sixty (60) day extension for the removal of the two (2) billboards from the Property set for March 31, 2007, as referenced in the Agreement and the Contract. NOW, THEREFORE, BE IT RESOLVED by the City Council ("Council") of the City of Mounds View and the Board of Commissioners of the Mounds View Economic Development Authority (“Commission”), as follows: 308303v2 SJR MU205-30 2 1. The Council and the Commission hereby approve and consent to extending the date for removal of the two billboards required to be removed from the Property by March 31, 2007, for a period of sixty days, until May 30, 2007. 2. No other terms or conditions of the Agreement or Contract are intended to be waived or modified by the City or the EDA, except as expressly set forth herein. 3. The Mayor, City Clerk-Administrator, President, Secretary and City and Authority staff are authorized and directed to take any and all actions necessary or convenient and are authorized to execute any required amendments to the Agreement or the Contract necessary to implement this Resolution. 4. The recitals set forth in the preamble to this Resolution and the Exhibits attached to this Resolution are incorporated into this Resolution as if fully set forth herein. Approved by the City Council of the City of Mounds View this 26th day of March, 2007. ___________________________________ Mayor ATTEST: ________________________________________ City Clerk-Administrator Approved by the Board of Commissioners of the Mounds View Economic Development Authority this 26th day of March, 2007. ___________________________________ President ATTEST: ________________________________________ Secretary 308303v2 SJR MU205-30 A-1 EXHIBIT A TO RESOLUTION 308303v2 SJR MU205-30 B-1 EXHIBIT B TO RESOLUTION Item No: 07F Meeting Date: March 26, 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 7049 Approving a Step Increases for Officer Tim Wolf and Officer Keith Demarest Background: Officer Tim Wolf and Officer Keith Demarest are current employees with the City of Mounds View. Their supervisors have reviewed their performances as it relates to their responsibilities outlined in the job descriptions. Discussion: It was determined that Officer Tim Wolf and Officer Keith Demarest have more than satisfactorily performed in the capacity of their positions, and therefore, a step increase wage adjustments is with the current LELS Labor Contract. Respectfully Submitted, Desaree Crane RESOLUTION 7049 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 supervisors reviewed their performances as it relates to the responsibilities outlined in the job description; and WHEREAS, their supervisors determined that the following employees below have more than satisfactorily performed in the capacity of their positions documented in their performance reviews 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 Officer Tim Wolf Police Officer April 12, 2004 Step 4 $25.99/ hr Step 5 $28.88/hr April 12, 2007 Officer Keith Demarest Police Officer – School Resource Officer April 26, 2004 Step 4 $26.57/hr Step 5 $29.46/hr April 26, 2007 Adopted this 26th day of March, 2007. __________________________________ Rob Marty, Mayor ATTEST: __________________________________ Kurt Ulrich, City Administrator (seal) Item No. 7G Meeting Date: March 26, 2007 Type of Business: CB WK: Work Session; PH: Public Hearing; CA: Consent Agenda; CB: Council Business City Administrator Review _______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Greg Lee, Director of Public Works Item Title/Subject: Resolution 7052 Approving the 2007 Seasonal Public Works Positions Background On March 26, 2001 the City Council adopted Resolution No. 5546 that describes the procedure for hiring Seasonal Employees. This resolution requires that the City Council approve all seasonal positions. Discussion Annually the City Council has approved the hiring of seasonal Public Works positions. Resolution No. 5546 requires that approval take place six weeks prior to actual hire of seasonal employees; therefore, this is typically done early in the calendar year. Seasonal Employees benefit the City by providing labor services that are relatively less expensive and are available during periods of greater labor demand. In return, seasonal employees benefit from the skills and work ethics they learn on the job. As a result, the employees, the City, citizens, and taxpayers all benefit from this program. Historically, there have been three time periods throughout the year when the City has employed seasonal workers. These periods have been: Summer (10 positions), Fall (2 positions), and Winter (1 position). Summer Seasonal Employees – Duties include general Public Works and parks maintenance duties. The employees generally are employed for about three months in the summer – mid-to late-May to mid-to late-August. Typically one Parks Division seasonal employee begins employment in April. Fall Seasonal Employee – There are two (2) seasonal positions, one (1) in Public Works Sewer Division, and one (1) in the Parks Division. Historically, summer positions are extended to cover duties performed in the fall. Staff recommends these seasonal positions be designated as completely separate positions with separate contracts. Duties performed by the Public Works Sewer Division seasonal employees include working with the two Sanitary Sewer Maintenance employees and the Surface Water / Storm Sewer Maintenance employee to create two separate crews of two employees to maximize efficiency. The duties of the fall seasonal employee in the Parks Division include fall activities such as leaf clean up and providing assistance to both Public Works and Parks in year-end maintenance activities. These positions would start approximately in late August. The Parks Division seasonal employee would work until the end of November. The Public Works Sewer seasonal employee would work until the end of December, weather permitting. Winter Seasonal Employee - This is only one seasonal position and was previously referred to as the Ice Rink Maintenance position. The main duty of this position is to service and maintain the City’s ice rinks and warming houses. This position typically runs from December to February of the following year. In 2006, only nine (9) summer seasonal positions were authorized. In lieu of the tenth summer position, the City hired a part-time Public Works intern. This part- time intern position has assisted with numerous activities associated with public improvements needed to meet the City’s goals. This position has also allowed the City to provide better communication and increased level of service to the citizens of Mounds View. Proposal for 2007 Seasonals: The Public Works Supervisor position has been vacant since December 15, 2006. The total cost to fill this position is approximately $80,000. This includes salary, and benefits (Health / dental insurance, PERA, FICA…) and other employment costs (cell phone, clothing allotment…). On February 13, 2007, Staff discussed a proposal to delay filling of the vacant Public Works Supervisor position as a cost saving measure with the Human Resources Committee. Staff communicated that some minor staffing / operational adjustments may be needed to address this vacant position. In regards to Seasonal Positions, Staff is recommending three minor adjustments for 2007. These are: 1.) Return to 10 Summers Seasonal positions for 2007 (as opposed to 9). The 10th summer seasonal would most likely be assigned to Parks. With the vacant Public Works Supervisor position the Parks Supervisor has taken on the majority of the duties that would have been performed by the Public Works Supervisor. As a result, the one full-time parks employee has taken on some duties that were performed by the Parks Supervisor. Without additional assistance, this will result in the reduction of park maintenance activities for 2007. 2.) Change the Pay Rate for Returning Seasonals. In 2006, returning seasonal workers were compensated at a rate of $11.25 per hour. This is just $0.25 more than the rate for a newly hired seasonal after their first month. The value of a returning seasonal is far greater than a newly hired seasonal. As with any job, there is a learning curve. The City invests in the education and training of all seasonals. It is therefore in the City’s interest to be competitive with other employers and attract former seasonals for re-hire. The City typically re-hires 2 to 3 former seasonals per season. Historically, rates for returning seasonals have increased $0.25 per year over the last five years. Staff is recommending to increase the rate for 2007 to $12.50 per hour. As a note, Staff is recommending that the wage of the engineering intern be the same rate as a returning seasonal. 3.) Part-time Assistance from a Former Employee – William Hanggi, formerly held the Lead Utility Worker position in the Water Division of the Public Works Department. Mr. Hanggi resigned on May 31, 2006 after being employed by the City for over 33 years. Recently, Mr. Hanggi has expressed a willingness assist the City with various activities. He would be available to work three days per week and would assist with activities such as hydrant flushing, training, and general assistance in the W ater Division or other areas as needed. One of the primary functions of Mr. Hanggi would be to continue to train the current lead utility operator, and to train and educate the newly hired water division employee. Also, one of the goals for Public Works in 2007 is to focus on cross training of all employees. With the water division being the most technical and perhaps the most important of the Public Works divisions, Mr. Hanggi, being a senior employee, would be a great asset and information resource for the City. Staff is recommending that the City take advantage of this opportunity and hire Mr. Hanggi as a part-time seasonal employee at the established hourly rate for a returning seasonal employee – recommended to be $12.50 for 2007. For the 2006 season, the new hires started at the hourly rate of $10.50/hr with the possibility of advancing to $11.00/hr after one month of satisfactory performance. Returning seasonal workers were compensated at $11.25/hr. For 2007, Staff is recommending that new hires start at the hourly rate of $10.75/hr with the possibility of advancing to $11.25/hr after one month of satisfactory performance. As previously stated, Staff is recommending that returning seasonal workers be compensated at $12.50/hr. Each summer seasonal employee will work 40 hours per week. The fall seasonal employee and ice rink employee may also work 40 hours per week: however, hours may be fewer. All seasonal positions will remain on staff for a period no longer than six months. Recommendation: Staff recommends that the Council approve the 2007 Seasonal Public Works Positions. Respectfully Submitted, Greg Lee, Director of Public Works RESOLUTION 7052 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING THE 2007 SEASONAL PUBLIC WORKS POSITIONS WHEREAS, Resolution No. 5546 requires that seasonal positions must be approved by the Mounds View City Council; and WHEREAS, Seasonal Employees benefit the City by providing labor services that are relatively less expensive and are available during periods of greater labor; and WHEREAS, the City of Mounds View Public Works Department does have a need to hire seasonal employees; and WHEREAS, the Public Works Department is recommending that seasonal positions be approved for three periods throughout 2007; and WHEREAS, said periods are: Summer, Fall, and Winter; and WHEREAS, for 2007, Staff is recommending three adjustments to the seasonal positions; and WHEREAS, said adjustments include hiring ten summers seasonals (as opposed to nine), increasing the wage for returning seasonals and engineering intern to $12.50 per hour, and hiring a former employee on a part-time seasonal basis. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota as follows: 1. The 2007 Summer Seasonal Public Works Positions are approved – a total of ten (10) positions. These positions would start in approximately mid-to late-May 2007 and terminate in mid-to late- August 2007. However, one Parks Division seasonal employee typically begins employment in April. 2. The 2007 Fall Seasonal Public Works Positions are approved - a total of two (2) positions. One position in the Public Works Sewer Division and the other in the Parks Division of Public Works. These positions would start approximately in mid to late August 2007. The Parks Division seasonal employee would work until the end of November. The Public Works Sewer seasonal employee would work until the end of December, weather permitting. 3. The 2007 Winter Seasonal Public Works Position is approved - a total of one (1) position. This position would start approximately in early December 2007 and terminate in March of 2008. 4. Hiring of a former employee on a part-time seasonal basis is approved. 5. All Public Works seasonal positions will be filled, with new hires starting at the hourly rate of $10.75/hr with the possibility of advancing to $11.25/hr after one month of satisfactory performance. Returning seasonal workers and the engineering intern will be compensated at rate of $12.50/hr. 6. Each position will work forty (40) hours per week; however the Fall and Winter positions may work less than forty (40) hours per week. 7. All Public Works seasonal positions will remain on staff for a period no longer than six months. Adopted this 26th day of March 2007. (ATTEST) ____________________________________ Rob Marty, Mayor (SEAL) ____________________________________ Kurt Ulrich, City Administrator Item No: 08A Meeting Date: March 26, 2007 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, 2007. 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 2006. Those companies renewing their license were licensed, at a minimum, in the year 2006. The type of license they are applying for follows the company name. Fran’s Tree Service Tree Trimming/Removal Renewal Phoenix Signs LLP Sign Installation New Staff Recommendation: Approve license applications as requested. Item No: 08E Meeting Date: March 26, 2007 Type of Business: CA 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 7050, Approving a Charitable Gambling One-Day Permit (BINGO) for the Mounds View Community Theatre on the August 19, 2007 Mounds View Festival in the Park The Mounds View Community Theatre, a non-profit charitable organization, would like to hold a Bingo Game on August 19, 2007, at the Mounds View City Hall Park, for the Mounds View Festival in the Park celebration. The Mounds View Community Theatre is located in Mounds View, and they have more than 30 active members. This meets the requirements of the Mounds View City Code. The Gambling Control Board requires that local unit of government (city or county), pass a resolution specifically approving or denying the Premises Permit Application. This resolution (approving or denying the application) must be voted on and the resolution forwarded to the Minnesota Gambling Control Board. Recommendation: Staff recommends approval of the One-Day Charitable Gambling Permit for the Mounds View Community Theatre at the location and date stated above. Respectfully Submitted, Desaree M. Crane RESOLUTION NO. 7050 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING A PERMIT APPLICATION FOR THE MOUNDS VIEW COMMUNITY THEATRE, A CHARITABLE ORGANIZATION TO CONDUCT CHARITABLE GAMBLING FOR THE MOUNDS VIEW FESTIVAL IN THE PARK CELEBRATION ON AUGUST 19, 2007 WHEREAS, the Mounds View Community Theatre has requested that the City Council allow them to conduct charitable gambling (BINGO) at the Mounds View City Park for the Mounds View Festival in the Park celebration; and WHEREAS, the Gambling Control Board requires that the local unit of government (city or county) pass a resolution specifically approving or denying requests to conduct charitable gambling; and WHEREAS, the Mounds View Community Theatre, is in compliance with all requirements of the Mounds View Municipal Code with regard to charitable gambling regulations; and WHEREAS, the Mounds View Community Theatre has requested a one- day charitable gambling permit; and WHEREAS, the Mounds View Community Theatre will be conducting BINGO for the Mounds View Festival in the Park celebration on August 19, 2007. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does hereby authorize Mounds View Community Theatre, to conduct charitable gambling at the Mounds View City Park on August 19, 2007, located at 2401 Highway 10 in Mounds View. Adopted this 26th day of March, 2007. _______________________________ Rob Marty, Mayor ATTEST: _______________________________ Kurt Ulrich, City Administrator (seal) Item No. 8F Meeting Date: March 26, 2007 Type of Business: CA WK: Work Session; PH: Public Hearing; CA: Consent Agenda; CB: Council Business City Administrator Review _______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Greg Lee, Director of Public Works Item Title/Subject: Resolution 7055 Approving Contracts Associated with the 2007 Tree Removal and Tree Trimming Programs Background: Annually, quotes are received for forestry-related work; this work includes tree removal and tree trimming and is done as part of the Joint Powers Agreement the City of Mounds View has with the City of New Brighton. These services are also included in the 2007 Budget. For tree removal, in order to receive the most favorable quotes as possible, quotes are based on two operational scenarios: one whereby vehicle and equipment access is available to the site where the trees to be removed are located; the other for cases where access with vehicles is not possible. Discussion: Tree Removal Quotes – No Access Tree removal quotes were received for the 2007 season. For quotes associated with no vehicle access, the quotes were further broken down into two categories: tree trunk diameters less than 28.5 inches and diameters greater than 28.5 inches. There were four companies that submitted tree removal quotes for trees with no vehicle access. The results are as follows: Company Cost/Inch; < 28.5” Cost/ Inch; >28.5” Minnesota Tree Surgeons $29.50 $54.50 Upper Cut Tree Service $35.00 $45.00 4 Seasons Tree Care $34.00 $60.00 S & S Tree Specialists $44.00 $105.00 The low quotes were submitted by Minnesota Tree Surgeons for the trees up to 28.5 inches in diameter, and Upper Cut Tree for larger trees with a diameter greater than 28.5 inches. Both of these companies have held municipal contracts in the past with good results and posess the equipment and ability to successfully remove diseased trees from back yards and park areas in Mounds View. As a note, these costs are about 25% greater than last year’s costs. Also, there were a total of 39 such trees removed by contractors last year. The City Forester recommends entering into contract with each of these firms at their respective low bids. Tree Removal Quotes – With Access Front yard and boulevard (“accessible”) trees were removed in 2006 at $15.00 per diameter inch by 4 Seasons Tree Care. 4 Seasons Tree Care has agreed to renew their contract for 2007 with no increase in their unit prices. As a note, in 2006 there were 79 of these trees (including stumps) removed. The City Forester highly recommends renewal of this contract. Tree Trimming Quotes were accepted for boulevard and park tree trimming from two companies. 4 Seasons Tree Care submitted the low quote at $125.00 per hour for two workers, boom truck, and chipping truck. Precision Tree Service offered a quote of $175.00 per hour. This low quote is also about 25% greater than last year. The annual cost of trimming has been between $5,000 and $8,000. Again the City Forester recommends awarding a contract to 4 Seasons Tree Care for tree trimming services in 2007. Recommendation: Staff recommends that the City Council approve awarding a contract to Minnesota Tree Surgeons for the removal of trees up to 28.5 inches in diameter, and Upper Cut Tree for the removal of trees with a diameter greater than 28.5 inches for trees with no vehicle access. Staff also recommends renewing the current contract the City has with 4 Seasons Tree Care for the removal of trees with vehicle access. Staff also recommends awarding a contract to 4 Seasons Tree Care for tree trimming services. Respectfully Submitted, Greg Lee, Director of Public Works RESOLUTION 7055 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING THE CONTRACTS ASSOCIATED WITH THE 2007 TREE REMOVAL AND TREE TRIMMING PROGRAMS WHEREAS, annually quotes are received to perform tree removal and tree trimming services to be done as part of the Joint Powers Agreement the City of Mounds View has with the City of New Brighton; and WHEREAS, these services were budgeted for in 2007; and WHEREAS, there were four companies that submitted tree removal quotes for trees with no vehicle access; and WHEREAS, the low quotes were submitted by Minnesota Tree Surgeons for the trees up to 28.5 inches in diameter, and Upper Cut Tree for larger trees with a diameter greater than 28.5 inches; and WHEREAS, 4 Seasons Tree Care has agreed to renew their contract for 2007 with no increase in their unit prices for removal of trees with vehicle access; and WHEREAS, Quotes were accepted for boulevard and park tree trimming from two companies; and WHEREAS, 4 Seasons Tree Care submitted the low tree trimming quote at $125.00 per hour for two workers, boom truck, and chipping truck. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota as follows: 1. That a contract with Minnesota Tree Surgeons for the removal of trees up to 28.5 inches in diameter with no vehicle access is hereby awarded. 2. That a contract with Upper Cut Tree for the removal of trees with a diameter greater than 28.5 inches with no vehicle access is hereby awarded. 3. That a contract with 4 Seasons Tree Care for the removal of trees with vehicle access is hereby renewed. 4. That a contract with 4 Seasons Tree Care for tree trimming services is hereby awarded. 5. The Mayor and City Administrator are hereby authorized and directed to enter into said contracts. 6. Said contracts shall expire on December 31, 2007. Adopted this 26th day of March 2007. (ATTEST) ____________________________________ Rob Marty, Mayor (SEAL) ____________________________________ Kurt Ulrich, City Administrator Item No: 8G/8H Meeting Date: March 26, 2007 Type of Business: Consent Administrator Review: ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Heidi Heller, Planning Associate Item Title/Subject: Schedule Public Hearings for Monday, March 9, 2007 at 7:15 PM and 7:20 PM to Consider Minor Subdivision and Conditional Use Permit Requests Associated with the property Located at 2280 County Road I, “The Station”, and to Consider Zoning Code Amendments to Chapters 1102 and 1113. Background: This report is prepared simply to provide background information regarding the requested setting of public hearings to consider the requests submitted by the owners of “The Station” located at 2280 County Road I and proposed zoning code amendments. Discussion: Four planning requests were submitted by Leon Theis and Tom Manke, owners of “The Station” in order to bring the gas station into conformance with the City Code: a minor subdivision for a lot split and creation of new lots at 2280 and 2284 County Road I, rezoning the property from B-2 Limited Business, to B-3 Highway Business, a Conditional Use Permit in order to allow a gas station in a B-3 district, and a Comprehensive Plan Amendment to change the land use designation from Neighborhood Commercial (NC) to Highway Commercial (HC). The Station was built in 1959 as “Gulf” and currently exists as a legal nonconforming use. The property owners would like to add two additional fuel pumps to the site and expand the current canopy to cover both sets of pumps. By doing this, the nonconforming use would be expanded. The City Code allows the existing nonconformance to continue, but not be expanded upon. This application involves planning requests, which if approved, would bring the gas station into total code compliance and allow them to move forward with the addition of more fuel pumps. After discussion at the March 7th Planning Commission meeting, Staff has been working on a solution to allow The Station at 2280 County Road I, to become a conforming use without rezoning their property or doing a comprehensive plan amendment. The Planning Commission indicated that they were supportive of The Station’s desire to become conforming and add two additional fuel pumps, but were hesitant to change the property to a higher intensity designation because of what that could be opening this site up to in the future if the owners were to sell the property. Items 8G and 8H Staff Report Page 2 The Station is a very small scale gas station compared to a Holiday or SuperAmerica. Currently the zoning code only has one definition of a motor fuel station, regardless of size. The Planning Commission felt that The Station could be defined as a “neighborhood gas station” and allowed to operate in less than a B-3 zoning district. Staff did some research to see if other cities have different gas station definitions, and what zoning districts they allow gas stations to operate in. Five cities zoning codes were looked at: Maplewood, Arden Hills, Vadnais Heights, Blaine and Fridley. A few did have two gas station distinctions: “convenience food store with accessory gas pumps” and a ‘service station” which may have auto services also. The cities that defined a Service Station, only allowed them in at least a B-3 or comparable zoning district, whereas, the convenience food store with gas pumps was allowed, depending on the city, in B-1 or B-2 districts. All the cities except Maplewood, allow gas stations in lower zoned business districts than a B-3 (or comparable), and all five of the cities only allow a gas station as a conditional use. Staff is proposing that the Mounds View Zoning Code could be amended to define a “Neighborhood Motor Fuel Station” and to allow a smaller gas station in a B-2 zoning district as a conditional use. Staff has drafted a definition for a Neighborhood Motor Fuel Station and the proposed addition to the B-2 zoning code, Chapter 1113, allowing a Neighborhood Motor Fuel Station to be allowed as a conditional use. The City Attorney has reviewed this proposal and indicates this could be a satisfactory option rather than rezoning and a Comp Plan Amendment to a higher intensity use. Recommendation: Staff recommends setting the public hearing date and time as requested. Notices will be sent to property owners within 350 feet of the property. Respectfully submitted, ________________________ Heidi Heller, Planning Associate Reviewed and Corrected by City Administrator Kurt Ulrich and Community Development Director Jim Ericson PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1 CITY OF MOUNDS VIEW 2 RAMSEY COUNTY, MINNESOTA 3 4 Regular Meeting 5 February 26, 2007 6 Mounds View City Hall 7 2401 Highway 10, Mounds View, MN 55112 8 7:02 P.M. 9 10 11 1. MEETING IS CALLED TO ORDER 12 13 2. PLEDGE OF ALLEGIANCE 14 15 3. ROLL CALL: Marty (arrived at 8:50 p.m.), Stigney, Hull, Flaherty, and Mueller 16 17 NOT PRESENT: None. 18 19 4. APPROVAL OF AGENDA 20 21 A. Monday, February 26, 2007 City Council Agenda 22 23 Acting Mayor Stigney indicated he would like to add the memo from Public Works Director Lee 24 on City Hall Signage. 25 26 5. PUBLIC INPUT 27 28 William Werner of 2765 Sherwood Road asked if the Consent Agenda is always after the 29 Council business. 30 31 Acting Mayor Stigney indicated that was switched several months ago to accommodate residents. 32 33 Dave Tillman of 5166 Longview Drive said that he would like Council to consider some 34 questions regarding the Longview Drive clearing and they are very concerned about it. He then 35 asked if there are City Ordinances and whether they are being enforced as no permit was issued 36 prior to this clearing. He then said that residents were not informed of the alterations to be made. 37 38 Mr. Tillman indicated that other issues are the amount of fill and excavation and the type of 39 construction planned for the location. He then said that driveways have been blocked as well as 40 one lane of the street. 41 42 Anne Tillman of 5166 Longview Drive said that one thing she spoke to Staff about on the day of 43 the clearing was mentioned that they could clear any trees on his property and he would not 44 necessarily have to give notification and they have approval from Rice Creek Watershed District. 45 Mounds View City Council February 26, 2007 Regular Meeting Page 2 She then said that Rice Creek filed a permit application inactivity in which it stated that a permit 1 is required before any work may be done on the site. She further said they received no 2 notification of this. 3 4 Community Development Director Ericson explained that this was a situation that snuck up on 5 Staff and in conversations with Mr. Harstad he had indicated tree removal would be forthcoming 6 but it happened sooner than Staff was aware of. He then said that Staff did provide notice but the 7 work was underway and that is unfortunate. He further said that there is nothing in the Code 8 requiring notification but it is something that Staff has made it a policy to do. 9 10 Director Ericson said that the Wetland Preservation Ordinance does require a permit and that was 11 not communicated to Mr. Harstad. He then said that, on the advice of legal counsel, it was 12 determined that the City did not have the right to stop the tree removal. 13 14 Director Ericson indicated that Staff has obtained information from Rice Creek that no permit 15 was needed and Staff made an oversight that a wetland alteration permit would be required and 16 that was not told to Mr. Harstad. He then said that the developer would be before the City 17 requesting an after the fact wetland buffer permit. 18 19 Amy Hermanek of 2760 Wooddale said that she appreciates that the City is saying that Staff did 20 not notify the builder but the builder has been doing this for 20 years and he has an obligation to 21 know the requirements. She then said that as for removing tree stumps there are none left so she 22 would like someone to answer to that and it appears that the land has been altered so he has not 23 complied with knowing the ordinances before taking action and he has not complied with the 24 requirements. 25 26 Director Ericson said that he was out at the site on Thursday and noted that Rice Creek 27 Watershed District was out there and determined that nothing was being done that required a 28 permit. He then said that if stumps were removed that would be a violation if no permit has been 29 issued. He further said that he would ask Rice Creek to go out again and take a look. 30 31 Dave Tillman said that Rice Creek was out Thursday or Friday and on Monday stumps were 32 removed and there were loads of dirt dumped on the south end of the property. He then said that 33 there needs to be a plan and someone needs to be watching this on a daily basis. 34 35 Director Ericson indicated that Staff will work with Rice Creek Watershed District to attempt to 36 determine if dirt has been moved onto the site and will inform the Tillmans. 37 38 Council Member Flaherty said that he spoke to the Tillmans about this a week and a half ago. 39 He then said that they understand that things can be done on private property but they were 40 concerned that there was no notification and they want to make sure that the developer does not 41 go any further than they are allowed to go with their property. He further said that he would like 42 Rice Creek to go out there because the trees were not cut down they were pushed down. 43 44 Mounds View City Council February 26, 2007 Regular Meeting Page 3 Council Member Flaherty said that the other question brought up by Mr. Tillman was when a 1 housing development starts residents want to make sure that machinery does not block streets 2 and driveways and they are concerned about heavy machinery in their neighborhoods. 3 4 Ms. Tillman thanked Council Member Flaherty for his comments and then said that what still 5 surprises her is finding out that the City knew about this on Monday prior to Mr. Harstad 6 beginning clear cutting and being told that he did not need to get a permit but now they find out 7 that a permit was required and that concerns her. 8 9 Mary Lou Shavonovic of 7959 Sunnyside Road said that here have been some concerns with her 10 daughters doing the petition and residents said they wanted roads fixed but did not feel the need 11 for curb and gutter or group mailboxes. She then said that it sounds like they will not get their 12 streets repaired so she is wondering if sewer and water and roads will be done. 13 14 Acting Mayor Stigney explained that the petition has stopped the 2007-2008 road project but that 15 can be changed if a petition comes forward that is equal to or greater than the first petition. He 16 then said that the City Council will be discussing options at the March 5, 2007 work session. 17 18 City Administrator Ulrich indicated that the City would continue to maintain the streets and 19 sewers to maintain safety but full-scale reconstruction of the street will be discussed as an option. 20 21 Acting Mayor Stigney explained that minimum work and repairs will be done as is necessary to 22 maintain safety such as filling potholes. 23 24 Council Member Flaherty indicated that it is up to the City to move forward with something for 25 the City’s streets and he would not say that nothing can be done because of a petition but the 26 timetable has been pushed back. He then said that Council would continue to look at it and move 27 forward. 28 29 William Werner of 2765 Sherwood Road asked if the people were aware that this would stop the 30 project. 31 32 Ms. Ella Shavonovic of 7959 Sunnyside Road said that some people believed that this would 33 have no impact but there were people who did want to stop it because of some of the extras being 34 included and there were some that did not sign because they were afraid that the City would 35 punish them by not doing any project on their streets. 36 37 Mr. Werner said that it seems like this has happened twice now where once the petition is done 38 then those that signed it realized the results and he is wondering if people do not understand 39 exactly what they are signing when they do so. 40 41 Mary Shavonovic said that the residents that she spoke to want the roads fixed but do not want 42 curbs and gutters and they do not see the need for them or their expense. She then said that for 43 the Council it cannot be separated. 44 45 Mounds View City Council February 26, 2007 Regular Meeting Page 4 Acting Mayor Stigney explained that the project is dead, as it exists for one year unless the 1 project is changed or another petition is received. He then said that the Charter language does 2 not allow for any compromise at this time. 3 4 Council Member Mueller indicated that the City is going to look at this in terms of what the 5 infrastructure needs are and will move forward. 6 7 Council Member Flaherty said that when street projects first came up the Council did look at just 8 redoing what exists but the bottom line is that nobody does that anymore because it is 1960’s 9 technology and it does not exist anymore unless you want to pay for it. 10 11 Ella Shavonovic said that residents wished that they did not have to sign against the whole 12 project just to stop portions of the project. She then said that if curbs were removed from the 13 project she would not have been able to obtain the number of signatures required for her petition. 14 15 6. SPECIAL ORDER OF BUISNESS 16 17 None. 18 19 7. COUNCIL BUSINESS 20 21 A. Report on Alternate Wellness 22 23 Assistant to the Administrator Crane explained that Staff reviewed the Zoning Code as the City 24 has had a request for an alternate wellness center. Staff feels that this could be a permitted use 25 but alternative health businesses are not defined in the Zoning Code. She then said that the City 26 Attorney recommends defining health and beauty services to include language on alternative 27 wellness. 28 29 Assistant to the Administrator Crane said that there is a hypnosis and healing center that operates 30 in a B4 Zoning District. Staff is seeking direction from the City Council on how to proceed with 31 this matter. 32 33 City Administrator Ulrich indicated that Staff is looking at this as a Zoning Code issue to allow it 34 under health and beauty services and noted that no other cities regulate this type of business so it 35 would be in the best interest of the City not to do so either. He then said that the definition 36 would be clear to make sure that alternate wellness does not include massage or touching of the 37 body, which would be regulated. 38 39 Acting Mayor Stigney asked the City Attorney whether the City needs more information or 40 should proceed. 41 42 City Attorney Riggs said that would be up to the Council and Council could agree not to allow it 43 as the Zoning Code does not allow it. He then said that the Staff recommendation would be to 44 provide a definition to make it an allowed use under the Zoning Code. 45 Mounds View City Council February 26, 2007 Regular Meeting Page 5 1 Council Member Flaherty said that he is surprised that no other communities regulate alternative 2 wellness. He then said that his main concern was raindrop therapy as that is massage therapy and 3 that is a regulated business. He further said that the hypnosis center is allowed so he would like 4 to add some language to the Code to allow alternative wellness. 5 6 Council Member Flaherty indicated that he would have no issue allowing this at Mounds View 7 Square provided that the raindrop therapy was eliminated. 8 9 Council Member Mueller said she would want the Code revised prior to allowing the business to 10 come in. 11 12 Council directed Staff to work on the definition of alternative wellness and follow the process 13 through the Planning Commission. 14 15 MOTION/SECOND: Mueller/Stigney. To Direct Staff to Provide a Definition of Alternative 16 Wellness to Amend the Zoning Code Before Allowing it to be Practiced to be Reviewed by the 17 Planning Commission. 18 19 Ayes – 5 Nays – 0 Motion carried. 20 21 B. Resolution 7020 Approving Transfers Between Funds for the Year 2006 22 23 Finance Director Beer explained that several transfers were approved and he is recommending 24 that several be reduced or removed and that one be increased. He then said that the general fund 25 balance should be between 35 and 50% of budgeted revenues and the budgeted transfers would 26 exceed the recommended 50%. 27 28 Finance Director Beer indicated that only $239,500 will need to be transferred and the transfers 29 for the EDA Fund will not be needed as they were paid out of TIF funds to reduce the amount 30 needed to $7,000. 31 32 Finance Director Beer noted that $131,000 was budgeted to be transferred to the Community 33 Center but there is a need to transfer an additional $69,000 and increase the budget to provide for 34 the additional transfer. 35 36 Council Member Flaherty asked if the $69,000 would be added to the operating levy. 37 38 Finance Director Beers said that in order to keep from dipping into reserves for the Community 39 Center the transfer would need to be increased by $69,000. 40 41 MOTION/SECOND: Mueller/Hull. To Waive the Reading and Approve Resolution 7020, a 42 Resolution Approving Transfers Between Funds for the Year 2006. 43 44 Mounds View City Council February 26, 2007 Regular Meeting Page 6 Acting Mayor Stigney said that this increases the amount to $200,000 going to the community 1 center and there was a banquet center creating money and there was an opportunity to run it on an 2 interim basis which would have brought money in and now this is running on a deficit and there 3 is no plan for that Community Center other than to continue to shell out money for its needs. 4 5 Acting Mayor Stigney said that Council and Staff needs to look at what to do with this 6 Community Center to ensure that this does not continue to happen. 7 8 Council Member Flaherty said that he agrees with the transfer of funds is necessary but said that 9 they are still figuring out how the Community Center should best utilize the funds that they need. 10 11 Council Member Mueller said that this is the youth program we have in the City. She then said 12 that in the current issue of Mounds View Matters there is a little notice that the City is looking 13 for interested residents to serve on the board with the YMCA staff to look at ways to grow the 14 Community Center revenues. She further invited residents to call to rent the facility for their 15 events. 16 17 Council Member Hull said that this is a Community Center meant for the community and renting 18 out defeats the purpose of having a Community Center. 19 20 Acting Mayor Stigney said that the majority of people that use the Community Center are not 21 Mounds View residents. He then suggested that Council and Staff look at this to offset the losses 22 being continually pumped into the Community Center. 23 24 Ayes – 4 Nays – 0 Motion carried. 25 26 William Werner of 2765 Sherwood Road said that he understands what was said and he thinks 27 that this is an amenity but something has to be done and he questions the thinking of continuing 28 to transfer funds to it. 29 30 C. Resolution 7022 Authorize a Step Increase for Mary Springer, Mounds View 31 Receptionist 32 33 MOTION/SECOND: Mueller/Flaherty. To Approve Resolution 7022 and Authorize a Step 34 Increase for Mary Springer, Mounds View Receptionist. 35 36 City Administrator Ulrich read Resolution 7022. 37 38 Council Member Mueller thanked Staff for having this Resolution before Council prior to the 39 anniversary date. 40 41 Ayes -4 Nays – 0 Motion carried. 42 43 D. Resolution 7027, Awarding a Construction Contract for the County Road 10 44 Trailway Project Segments 9 and 10 45 Mounds View City Council February 26, 2007 Regular Meeting Page 7 1 Public Works Director Lee noted the City received bids for the County Road 10 project on 2 February 8 and received a total of 12. The low bid was $455,270.71 and the engineer’s estimate 3 was $533,000. He then said that there are two bidding issues to consider. The low bidder is on 4 the Department of Administration’s disbarment list and is restricted from bidding projects 5 through the State. He further explained that, after discussing this with legal staff, there is no 6 legal issue with awarding a contract to them. 7 8 Director Lee indicated that Jay Brothers has been awarded two contracts by the City for previous 9 projects and they performed according to the specifications. 10 11 Director Lee handed out a memo from Kennedy & Graven and explained that they contacted the 12 Department of Administration and there were no actual convictions only an indictment and other 13 cities were contacted and all cities have indicated positive experiences with Jay Brothers and 14 have hired them for additional projects. 15 16 Director Lee indicated that awarding to Jay Brothers would lower the costs by $47,000 and this 17 could increase the City’s risk of litigation for not awarding a bid for other than legal reasons. 18 19 Council Member Hull asked if Jay Brothers was disbarred when the City hired them to do 20 Random Park. 21 22 Director Lee indicated that he does not think so. 23 24 Council Member Mueller asked how the City found out about the debarment. 25 26 Director Lee indicated that the City’s consultant notified the City. 27 28 Mark Jay 4411 Morningside Avenue, Vadnais Heights addressed Council indicating they have 29 ongoing projects with the City of Stillwater. He then said that they completed a job in the fall of 30 2006 for St. Louis Park and they just completed a project for Circle Pines. 31 32 Finance Director Beer indicated that a performance bond is required to protect the City. 33 34 Council Member Flaherty asked if Mr. Jay was still facing indictment. 35 36 Mr. Jay indicated they were sentenced this week. He then said that he and his were sentenced to 37 the same sentence to serve five months in a halfway house with work release and will have five 38 months of home monitoring with work release and 30 hours of community service and three 39 hours of probation after the 10-month period. 40 41 Council Member Flaherty said that the indictment ended up being correct. 42 43 City Attorney Riggs indicated that they pled to a charge but the state is not aware of this yet so he 44 is not sure if it was an exact plea to the indictment or not. 45 Mounds View City Council February 26, 2007 Regular Meeting Page 8 1 Mr. Jay indicated it was a plea agreement to one of the counts. 2 3 William Werner said that the south side of County 10 there was a segment of sidewalk going to 4 the library and out and asked whether that is still included in the project. 5 6 Council indicated it is not. 7 8 MOTION/SECOND: Stigney/Mueller. To Waive the Reading and Approve Resolution 7020 9 With Statement of 1A with Jay Brothers and Item 3B Bid Alternate One Removal of Board Walk 10 Bump out. 11 12 Acting Mayor Stigney said that regardless of money involvement with something else this is a 13 construction project with a trailway and they have performed satisfactorily with other projects 14 and their bid is $47,000 lower and there are bonds to cover the City should they not perform as 15 required. 16 17 Council Member Mueller asked what year the situation took place in. 18 19 Mr. Jay indicated that it was in 2001. 20 21 Council Member Mueller indicated that a lot of time has transpired and a lot of good work has 22 been done by them for the City and other cities are happy with the work. She then said that if 23 there was an issue with having the bid come in the City should have informed Mr. Jay that he 24 was not eligible for bidding. 25 26 City Attorney Riggs said that this is a debarment with an issue relating to something other than 27 performance issues and there is a performance history with this contractor. He then said that the 28 recommendation of Staff is that it is appropriate for the City to accept this bid, as the issue was 29 something completely different than for performance. 30 31 City Attorney Riggs indicated that they are not on the State Debarment list they are on the 32 Department of Administration’s list. 33 34 Council Member Flaherty said that he feels it is incumbent on this Council to work with 35 companies that have ethics and integrity and he would like a synopsis of the situation. 36 37 Mr. Jay said that in 2001 they had 90 employees in seven states and were involved in 38 communication construction building communication systems. He then said that 911 happened 39 and all of the work under contract was cancelled and they had all the equipment to support those 40 employees and kept them employed for as long as they could and then started laying them off and 41 attempted to sell equipment. He then said that they got behind in obligations and one was to the 42 pension fund. He further said that in the spring of 2002 the federal government came into see 43 why they were behind and had lost $1 million in 2001 and he was told to file bankruptcy but said 44 he wanted to work through it. 45 Mounds View City Council February 26, 2007 Regular Meeting Page 9 1 Mr. Jay said that they made payments and continued to work and struggle and ended up getting 2 the money paid into the pension program and refinanced land and buildings and equipment to 3 help with the debt load and then, when they thought they were digging out, they were indicted 18 4 months ago. 5 6 Council Member Flaherty asked why the payments to the retirement funds were not made. 7 8 Mr. Jay indicated they did not have the money to make those payments as they were behind in all 9 payments and were paying themselves very little to survive and keep from having to file 10 bankruptcy. 11 12 Council Member Flaherty asked if there was malicious intent. 13 14 Mr. Jay said there was no money to embezzle they simply had no money to pay into the fund. 15 16 Council Member Mueller asked how many people they employ today. 17 18 Mr. Jay said 26 or 28 or so and will be up to 45 or 50 in the summer and they will do about 19 $8,000,000 in revenue this year. 20 21 Acting Mayor Stigney said that a lot of people have had issues since 911 and that is not an 22 excuse but a judge has ruled and passed a sentence and his only concern is whether this 23 contractor can perform under the contract. He then said that this contractor has shown that they 24 can perform on other projects in the City. 25 26 Finance Director Beer indicated that the payments are made directly to a bonding company on 27 behalf of the contractor. 28 29 Mr. Jay indicated that is still the case. 30 31 Council Member Flaherty said that when he saw the information and had a lot of questions. He 32 then thanked Mr. Jay for coming to the Council and standing before him and providing an 33 explanation for the situation. He further asked that the Resolution be reread. 34 35 Council Member Flaherty said that the bump out was put in to allow a place to move over to the 36 side away from the flow of traffic on the boardwalk and overlook the wildlife while resting for a 37 minute. He then said that there are a lot of people that cannot make that walk all at one time. He 38 further said that he feels the bump out is needed in this location and he would like to leave it in. 39 40 Ayes – 2 Nays – 2(Mueller/Flaherty) Motion failed. 41 42 MOTION/SECOND: Mueller/Flaherty. To Waive the Reading and Approve Resolution 7027, a 43 Awarding a Construction Contract for the County Road 10 Trailway Project and Accept Jay 44 Brothers and Leave the Bump Out In. 45 Mounds View City Council February 26, 2007 Regular Meeting Page 10 1 Acting Mayor Stigney said the bump out was put there for a trail over to County Road I it was 2 removed but the bump out was left in. He then said that for 161 foot at 12 foot wide there is no 3 need to rest to the side. 4 5 MOTION/SECOND: Stigney/Hull. To Amend the Motion to Change the Bump out to 3B rather 6 than 3A to Remove the Bump Out. 7 8 Ayes – 3 Nays – 1(Flaherty) Motion carried. 9 10 Ayes – 4 Nays – 0 Motion carried. 11 12 E. City Hall Exterior Signage Update 13 14 Acting Mayor Stigney said that a backing plate would be $7,000 so SEH did not anticipate that 15 cost so they want to sandblast and redo the lettering. He then said that there was something there 16 that was not to spec but his question is whether it will be legible. 17 18 Public Works Director Lee indicated that this will be what the original spec was. 19 20 MOTION/SECOND: Stigney/Flaherty. To Approve Going Back to the Original Spec Provided 21 that the Signage is Visible and Clearly Readable. 22 23 Council Member Mueller asked whether this would absolve any responsibility of the contractor if 24 it is done up to spec. 25 26 City Attorney Riggs said it may but then there may be an issue of who drafted and approved the 27 spec. 28 29 Council Member Mueller asked is any backlighting could be done. 30 31 City Attorney Riggs said he is not sure but after it is done to spec then Council will have to 32 handle it if it is not visible then that would be an architect issue. 33 34 Ayes – 4 Nays – 0 Motion carried. 35 36 Public Works Director Lee asked how Staff is supposed to ensure that it is visible. 37 38 Acting Mayor Stigney said he would come up and see if it can be read or not. 39 40 Mayor Marty arrived at 8:50 p.m. 41 42 8. CONSENT AGENDA 43 44 A. Licenses for Approval 45 Mounds View City Council February 26, 2007 Regular Meeting Page 11 B. Schedule a Public Hearing on March 12, 2007 at 7:05 p.m. to Consider 1 Resolution7021, Authorizing a Transfer of an On Sale Intoxicating Liquor 2 License from Moundsvista, Inc., (dba The Mermaid) to Mounds View Bowling, 3 Inc., (dba Mermaid Lanes) Located at 2200 Highway 10 in Mounds View 4 C. Resolution 7023 Accepting a Donation from Bethlehem Baptist Church 5 D. Resolution 7024 Approving a Publication of a Summary Ordinance 784, an 6 Ordinance Which Established a Moratorium on Electronic, Flashing, 7 Animated, Moving or Otherwise Non-static Signs in any Zoning District 8 E. Resolution 7025 Adopting Council Policy 2007-01 Establishing a Policy for 9 Citizen Agenda Items 10 F. Resolution 7026 Supporting House File 847 Authorizing Cities to Adopt 11 Ordinances to set and Impose Administrative Fines 12 13 Council Member Stigney requested that Items C and E be removed for discussion. 14 15 Council Member Flaherty requested that Item F be removed for discussion. 16 17 MOTION/SECOND: Stigney/Mueller. To Approve Consent Agenda Items A, B and D as 18 Presented. 19 20 Ayes – 5 Nays – 0 Motion carried. 21 22 C. Resolution 7023 Accepting Donation from Bethlehem Baptist Church 23 24 Council Member Stigney said that he was under the impression that equipment was donated by 25 the Lions for the Community Center. 26 27 City Administrator Ulrich indicated that would be equipment used in the gym for preschool 28 classes and not the large playground equipment but things like balls, hula hoops and mats. 29 30 MOTION/SECOND: Mueller/Stigney. To Waive the Reading and Approve Resolution 7023 31 Accepting Donation from Bethlehem Baptist Church. 32 33 Ayes – 5 Nays- 0 Motion carried. 34 35 E. Resolution 7025 Adopting Council Pay 2007-01 Establishing a Policy for 36 Citizen Agenda Items 37 38 Council Member Stigney said that he recalled that Council was going to bring this to a work 39 session to determine whether Council wanted this on the Agenda. 40 41 City Administrator Ulrich indicated that this item was discussed at the February 5, 2007 work 42 session. 43 44 Mayor Marty said that waiting to the work session could delay items that may be pressing to 45 Mounds View City Council February 26, 2007 Regular Meeting Page 12 citizens or citizens groups. He then said that if someone came in this week it could be added to 1 the work session for next week but depending on timing there could be a long wait since there is 2 only one work session per month. 3 4 Mayor Marty indicated it would be up to Council Members or the Mayor or City Staff as to 5 discussion on different items. He then said that not everything on the Council Agenda has been 6 to a work session sometimes in an attempt to keep things moving along. He further said that if 7 possible it should be added to a work session agenda. 8 9 Council Member Stigney would like to have an amendment to include sending it to the work 10 session if there is time and secondly the petitioner may present a request for Agenda at the public 11 input section. He does not think that is right as he thinks Council should have time to review the 12 information being presented to Council. 13 14 Mayor Marty said that Item 7 reads, “any request received will be scheduled for the following 15 work session or regular meeting”. He then requested that the word “will” be changed to “may” 16 based on the above criteria. 17 18 Mayor Marty said that the last item to add as an Agenda item at that meeting he is concerned 19 about. 20 21 Council Member Stigney said that it states that the City Clerk Administrator “will make every 22 attempt” to accommodate requests should be removed and he does not think that the word “safe” 23 is necessary. 24 25 William Werner of 2765 Sherwood Road asked to explain the problem to him and why this was 26 added. He then said that he is for the citizens and this type of thing raises his eyebrows. He 27 further asked what the problem is and what the Council is trying to fix. 28 29 Mayor Marty said that there have been requests of a resident during public comment or a number 30 of residents and will keep going on their issues and there have been times where over an hour has 31 been spent on public comment and Council would like to maintain control of the meeting and 32 keep things organized. He then said that if residents have concern on a topic then they can 33 request this form and be asked to be placed on the Agenda. 34 35 Mayor Marty would like to change Item 2 and the copy handed out corrects it. He then read the 36 change noting that all requests will be given to the City Clerk and then must have support of the 37 Mayor or two Council people. 38 39 Council Member Mueller said that she does not want this policy to in any way negatively impact 40 the right and responsibility of the residents to come before Council to speak on issues that are 41 important to them. She then said that she understands putting something on the Agenda as an 42 Agenda item but she does not want any resident not to feel welcome to come to the podium to 43 speak to the City about their issue. She further said that she welcomes any citizen involvement 44 or input because that is why she is on the Council and resident input is vital. 45 Mounds View City Council February 26, 2007 Regular Meeting Page 13 1 Council Member Mueller clarified that she does not want anyone to feel that they have to be an 2 Agenda item to be heard. 3 4 Brian Amundson of 3438 Wooddale Drive said that it is his understanding there are areas that 5 Council might want on the Agenda and that would be to allow the Council to take action on an 6 item and it would not interfere with residents’ right to speak. He then said that he is concerned 7 about limiting them to 10 minutes. He further suggested separating out those things that require 8 action versus those that do not. 9 10 Mr. Amundson said that he did not see this on any tapes or at a work session where this was 11 discussed so he is glad it did not go through on the Consent Agenda. 12 13 Mayor Marty explained why this was being considered. 14 15 Mr. Amundson said that he would not want to approve this Resolution tonight as there has not 16 been much public input and he is concerned about changing existing policies of how residents 17 address the Council. He then said that Council is here as leaders of the community to give 18 direction as to what should be done not to take the advice of the Staff. 19 20 Mayor Marty suggested moving this to the next work session. 21 22 William Werner would like to know if Council would remove something from the Consent 23 Agenda if he asked for discussion. 24 25 Mayor Marty said that he would like to know why and then he would be agreeable to considering 26 it. 27 28 Council Member Stigney suggested adding “and special order of business” if applicable. He then 29 said that a resident could ask Council to consider removal of an item for discussion at the public 30 input time of the meeting. 31 32 City Administrator Ulrich suggested postponing this item to the April work session. 33 34 MOTION/SECOND: Mueller/Stigney. To Postpone to the April 2, 2007 Work Session. 35 36 Ayes – 5 Nays – 0 Motion carried. 37 38 F. Resolution 7026 Supporting House File 847 Authorizing Cities to Adopt 39 Ordinances to set and Impose Administrative Penalties 40 41 Council Member Flaherty said that he would like to explain this to those watching the meeting 42 and said that this supports a House file authorizing cities to set and impose administrative 43 penalties. He then said right now there is not a clear bill to allow cities to do that. 44 45 Mounds View City Council February 26, 2007 Regular Meeting Page 14 Council Member Flaherty explained that this would allow the City to keep the fines in the City. 1 2 Mayor Marty said that this is endorsed by the Police Chief’s Association and they are in favor of 3 it. He then said that his can be used for housing code violations as well as moving violations. 4 He further said that cities are looking for determination from the Capitol one way or the other in 5 favor of this. 6 7 MOTION/SECOND: Flaherty/Mueller. To Waive the Reading and Approve Resolution 7026, 8 Supporting House File 847 Authorizing Cities to Adopt Ordinances to Set and Impose 9 Administrative Penalties. 10 11 Ayes – 5 Nays – 0 Motion carried. 12 13 9. JUST AND CORRECT CLAIMS 14 15 Council Member Flaherty indicated that he had most of his questions answered by Finance 16 Director Beer and there is one he did not receive an answer on. On Page 21, card reader repair, 17 that he would like to have clarified since the card readers are less than a year old and he wonders 18 if there is a warranty. 19 20 Finance Director Beer said that the doors were not opening so Staff contacted UHL to come and 21 repair the doors and get the card reader working and it was determined that the doors were 22 sagging inward and so the card reader was not working. He then said that the screws in the 23 hinges had loosened and were leaning in. 24 25 Council Member Flaherty indicated that the City will be reimbursed for this charge from the 26 contractor. 27 28 MOTION/SECOND: Mueller/Hull. To Approve Just and Correct Claims as Presented. 29 30 Ayes – 5 Nays – 0 Motion carried. 31 32 10. APPROVAL OF MINUTES 33 34 None. 35 36 11. REPORTS 37 38 A. Reports of Mayor and Council 39 40 Mayor Marty indicated he met last Thursday at a Mayor’s Meeting in Shoreview with the Mayors 41 of Roseville, Shoreview Arden Hills, and New Brighton with Betty McCullum to discuss 42 transportation and how the City can obtain transportation funding for projects. 43 44 Mounds View City Council February 26, 2007 Regular Meeting Page 15 Mayor Marty indicated that they also discussed MSA funds and how to free those up and he 1 brought up trailways and she said her office could be helpful in finding and applying for grants. 2 3 Mayor Marty indicated that he spoke with Ms. McCullum’s Minnesota Staff about information 4 about the soundwall and the big thing is that everybody realizes that Minnesota is far behind 5 other states as far as transportation goes. 6 7 Mayor Marty indicated that he brought up Bus Route 860 and how the Met Council decided to 8 pull the route and that left a lot of people with no transportation. He then said it was a good 9 meeting and everyone was right to the point and the next morning there was a transportation 10 meeting and the representative and senator there were trying to promote the gas tax of 10 cents 11 per gallon and he was against that but after hearing the discussion and the arguments the last gas 12 tax that Minnesota put through was in 1988. 13 14 Mayor Marty noted that the state of Wisconsin has slightly more expensive gas but they have 15 funds available for working on the roads. 16 17 Council Member Mueller said that the Community Center Garage Sale was Saturday and the 18 proceeds benefited the YMCA and the Community Center. Items left over will be donated to 19 other charitable groups and she would like to thank those that participated in the sale either by 20 donation or by shopping at the sale. 21 22 Mayor Marty noted that the money goes toward scholarships for kids within the Community that 23 cannot afford to participate in activities. 24 25 Council Member Flaherty indicated the Home show was going on in Blaine and some staff 26 members were at the Mounds View booth to promote Mounds View. 27 28 B. Reports of Staff 29 30 1. Review March 5, 2007 Work Session Agenda 31 32 City Administrator Ulrich noted that Staff would pare down the Agenda slightly and there are a 33 number of carryover items that there may not be time for. He then reviewed them with Council. 34 35 City Administrator Ulrich indicated that Senator Betzold and Representative Tillberry are 36 holding a townhall meeting on March 6, 2007 at 7:00 p.m. 37 38 City Administrator Ulrich reported that the joint meeting with New Brighton has been 39 rescheduled for April 2, 2007 prior to the work session. 40 41 Mayor Marty noted that entomologists are getting concerned about honey bees because mites got 42 in and killed a lot and now whole hives are dying and they do not know why that is why the City 43 will be considering a beekeeping ordinance. He then said that squad car color has been on the 44 list for a while. 45 Mounds View City Council February 26, 2007 Regular Meeting Page 16 1 Council agreed to allow Work Session Agenda items to be modified by the City Administrator to 2 fit into the available time. 3 4 C. Reports of City Attorney 5 6 City Attorney Riggs updated Council regarding the issues of billboards to be consistent with the 7 agreements with Clear Channel and Medtronic. He then said that Numbers 2 and 3 are to be 8 removed by March 31, 2007. Medtronic has asked to leave 2 up and remove 6 and Clear 9 Channel is willing to do that so that may come to Council for consideration because leases and 10 agreements will need to be amended. He then said that Clear Channel is moving forward with 11 applications necessary for permits and Clear Channel wants to wrap everything up as soon as 12 possible and Medtronic may be willing to do so. 13 14 Mayor Marty asked the City Attorney to provide the information on this situation to the new 15 Council Members. 16 17 Mayor Marty asked for the status on the request to Mn/DOT to remove scrub trees that had 18 grown up. 19 20 City Attorney Riggs indicated request has been made but Mn/DOT has not provided official 21 permits but there have been discussions on what needs to be removed and this whole issue needs 22 to be resolved by October 25, 2007. 23 24 Council Member Flaherty commented that he hopes that everyone understands that the number 25 one priority with Mn/DOT is the soundwall and that is more important than scrub trees to be 26 removed. 27 28 Mayor Marty said he was wondering if Mn/DOT had made any determination. 29 30 Council Member Mueller asked whether the sign language was adopted. 31 32 City Attorney Riggs said that the emergency moratorium is in place and Clear Channel was 33 informed of it. 34 35 12. Next Council Work Session: Monday, March 5, 2007, at 7 p.m. 36 Next Council Meeting: Monday, March 12, 2007 at 7 p.m. 37 13. ADJOURNMENT 38 39 The meeting was adjourned at __ p.m. 40 41 Transcribed by: 42 43 Joan Lenzmeier, Recording Secretary 44 TimeSaver Off Site Secretarial, Inc. 45