Loading...
HomeMy WebLinkAboutAgenda Packets - 2007/05/29 PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1 CITY OF MOUNDS VIEW 2 RAMSEY COUNTY, MINNESOTA 3 4 Regular Meeting 5 May 14, 2007 6 Mounds View City Hall 7 2401 Highway 10, Mounds View, MN 55112 8 7:00 P.M. 9 10 11 1. MEETING IS CALLED TO ORDER 12 13 2. PLEDGE OF ALLEGIANCE 14 15 3. ROLL CALL: Marty, Stigney, Hull, Flaherty, and Mueller 16 17 NOT PRESENT: None. 18 19 4. APPROVAL OF AGENDA 20 21 A. Monday, May 14, 2007 City Council Agenda 22 23 MOTION/SECOND: Flaherty/Mueller. To Approve the Monday, May 14, 2007 City Council 24 Agenda as Presented. 25 26 Ayes – 5 Nays – 0 Motion carried. 27 28 5. PUBLIC INPUT 29 30 Michael Hebert of 4216 Kingsway Lane provided information on the issues going on with his 31 trailer. He then said that the City helped him with this but the City has charged him with this. 32 He further asked Council to explain the letter he received on a correction notice from the City. 33 34 Mayor Marty said that it would seem that the owners of the lot would be responsible for this. 35 36 Community Development Director Ericson said that it is customary maintenance to level the 37 homes on a periodic basis whenever it is needed and, it was pointed out, that ordinarily Mr. 38 Hebert would need to do that but, the owners of the home park should share in the responsibility 39 since this has gotten to this point. 40 41 Mr. Hebert said that the park owners leveled the lot next to him and Staff told him to stop 42 leveling his until the issue is corrected. 43 44 Mounds View City Council May 14, 2007 Regular Meeting Page 2 Mr. Hebert said that the lot was smoothed out and some seed planted but, when it rains, there is 1 an issue. He then showed pictures after a rain to Council. 2 3 Mayor Marty asked Staff what recourse Mr. Hebert would have. 4 5 Community Development Director Ericson explained that the owners of the property were sent 6 the same letter as Mr. Hebert. He then said that it is clear that the problem resulted with a broken 7 water main and that is an issue of park maintenance. Staff agreed to contact the property owner 8 regarding the issues. 9 10 Housing Inspector Anderson indicated that he would work with all parties to ensure that things 11 move along. He then explained that some of these issues are civil disputes between the park 12 owners and Mr. Hebert. 13 14 Mayor Marty asked Staff to set up a meeting with the parties to work on a resolution of the 15 issues. 16 17 Brad Busch addressed Council and provided information on setting up a group to look into 18 providing a clinic closer to the City. He then said that he would like the City of Mounds View to 19 have a small clinic sometime soon especially since there are empty buildings in the area. 20 21 Mayor Marty indicated that it has been the goal of Council, for a number of years, to bring a 22 medical clinic to the City. 23 24 Mike Courtney of 5440 Jackson Drive asked for his yard sale stuff back. 25 26 Community Development Director Ericson explained that the materials were put into storage and 27 a letter was sent out with all the information. 28 29 Mr. Courtney said that he got the place cleaned up and he decided to have a yard sale and then 30 the stuff was taken and that is ridiculous. 31 32 Mayor Marty indicated that Mr. Courtney was sited and given 10 days to clean up the yard. One 33 month later the stuff was hauled away. It may not have been the same items but the stuff that 34 was removed was replaced with other stuff and that was removed by the City. 35 36 Mayor Marty explained that ordinances are meant to be followed and Mr. Courtney was given 37 ample time to clean his yard because the City did not step in until 30 days after the notice was 38 given to clean the yard. 39 40 Council Member Mueller said that when someone has a yard sale, and the yard sale day is done, 41 the items of value are put away and are not left out in the yard overnight and these items were left 42 out on the yard. 43 44 Mounds View City Council May 14, 2007 Regular Meeting Page 3 Mayor Marty informed Mr. Courtney that he could go pick up his property if he so desired and 1 asked him to keep his yard clean so that this does not happen to him again. 2 3 6. SPECIAL ORDER OF BUISNESS 4 5 A. Mayor to Read Proclamation for National Public Works Week 6 7 Mayor Marty read a Proclamation for National Public Works Week. 8 9 B. Recognition of Property Managers Spectrum Property Management and 10 Cedar Management Inc., for Achieving Certification Status in the Mounds 11 View Property Maintenance and Crime Prevention Program 12 13 Mayor Marty read the Resolution recognizing Cedar Management Inc. 14 15 Mayor Marty noted that Spectrum was also recognized for its efforts. 16 17 7. COUNCIL BUSINESS 18 A. Public Hearing, Consideration of Resolution 7068, Approving an On-Sale 19 Intoxicating Liquor License for Totino’s Italian Kitchen Located at 2535 20 County Highway 10 21 22 Mayor Marty opened the public hearing. 23 24 Assistant to the Administrator Crane provided information on the liquor license request noting all 25 required checks were performed by Staff. 26 27 Rob Busch of 5604 West Bavarian Pass of Fridley said that he is a concerned citizen and belongs 28 to Zion Lutheran Church and he opposes the liquor license for Totino’s. He then said that there 29 are enough drunks on the roads killing people. There are 11 bars in the Spring Lake Park, 30 Mounds View, New Brighton, Fridley area. 31 32 Richard Jobke addressed Council and asked for consideration of approval as they continue to 33 improve Mounds View Square. 34 35 Mayor Marty said that the City and Council have been looking at the property for a number of 36 years for improvements and the City appreciates the efforts to improve the site. 37 38 Steve Ellwell, owner of Totino’s Kitchen, addressed the Council and asked for approval of the 39 liquor license. He then provided background history on his family business. 40 41 Council Member Mueller asked if this location is large enough for the restaurant. 42 43 Mr. Ellwell indicated that it will seat about 90 to 96 people and will be adequately sized. 44 45 Mounds View City Council May 14, 2007 Regular Meeting Page 4 Council Member Flaherty asked for a description of the atmosphere of the restaurant. 1 2 Mr. Ellwell indicated that they plan to have hours of 11:00 a.m. to 11:00 p.m. and it is a family 3 crowd not a night crowd that would be around until bar close. 4 5 Council Member Stigney asked if they plan a sit down type bar or if liquor is served with food. 6 7 Mr. Ellwell explained that there would be a banquet room and then explained the layout of the 8 facility. 9 10 Tori Johnson of 7730 Long Lake Road said that she is thrilled that Totino’s wants to come to 11 Mounds View. 12 13 Hearing no further comments, Mayor Marty closed the public hearing at 8:01 p.m. 14 15 Council Member Flaherty thanked Mr. Busch for his comments. 16 17 Mayor Marty said that it has been a priority for the City to get a medical clinic and another sit 18 down restaurant. 19 20 MOTION/SECOND: Flaherty/Mueller. To Waive the Reading and Approve Resolution 7068, 21 Approving an On-Sale Intoxicating Liquor License for Totino’s Italian Kitchen Located at 2535 22 County Highway 10, Subject to the Fire Marshall and Bureau of Criminal Apprehension Reports. 23 24 Council Member Stigney would like to delete the outdoor liquor license endorsement at this time 25 and look at it. 26 27 MOTION/SECOND: Stigney/Mueller. To Amend the Motion on the Floor to Remove the 28 Outdoor Liquor Sales Endorsement. 29 30 Ayes – 5 Nays – 0 Motion to amend the original motion passes. 31 32 Ayes – 5 Nays – 0 Original motion carried as amended. 33 34 B. Continuation of Public Hearing for the Second Reading and Adoption of 35 Ordinance 788, Approving Amendments to Chapters 1102 and 1113 of the 36 Mounds View Zoning Code to Define Neighborhood Motor Fuel Station and 37 Allow Such as a Conditional Use within the B-2 Zoning District 38 39 Community Development Director Ericson explained to Council the steps leading to this point in 40 the process for consideration of this Ordinance. He also asked for approval to publish a summary 41 of this Ordinance, should it be approved. 42 43 Mayor Marty reopened the public hearing. 44 45 Mounds View City Council May 14, 2007 Regular Meeting Page 5 Hearing no comments, Mayor Marty closed the public hearing. 1 2 Council Member Mueller asked whether any negative comments were received from the 3 neighbors. 4 5 Director Ericson explained that no negative comments were received from the neighboring 6 community. 7 8 Mayor Marty pointed out that under Section 2, Subdivision 8, on the last page there is language 9 that leaves this open if the City would determine that some changes need to be made. 10 11 MOTION/SECOND: Mueller/Flaherty. To Waive the Reading and Adopt Ordinance 788, 12 Approving Amendments to Chapters 1102 and 1113 of the Mounds View Zoning Code to Define 13 Neighborhood Motor Fuel Station and Allow Such as a Conditional Use Within the B-2 Zoning 14 District. 15 16 Council Member Stigney said that he feels this is too intensive of a use for the neighborhood and 17 he does not support it. 18 19 Mayor Marty indicated that this neighborhood fuel station has been in operation for a number of 20 years and it serves the neighborhood well. He then said that he sees this as their way of making 21 the station more efficient. 22 23 Council Member Stigney said that he thinks that servicing eight vehicles at one time is too 24 intensive and that is why he does not support it. 25 26 ROLL CALL: Mueller/Flaherty/Hull/Stigney/Marty 27 28 Ayes – 3 Nays – 1(Stigney) Motion carried. 29 30 Council Member Hull abstained from voting. 31 32 C. Public Hearing, Consideration of Resolution 7085, Approving the Feasibility 33 Report, Ordering the Project, Authorizing the Preparation of Plans and 34 Specifications, and Approving a Joint Powers Agreement with the City of 35 Spring Lake Park for the 2007 Seal Coat Project 36 37 Public Works Director Lee explained the City’s plan for the 2007 seal coat project. 38 39 Mayor Marty opened the public hearing at 8:20 p.m. 40 41 Hearing no public comments, Mayor Marty closed the public hearing. 42 43 Council Member Flaherty said that the total cost estimate was $195,700 and asked whether that 44 is before the 10% savings with the Joint Powers Agreement. 45 Mounds View City Council May 14, 2007 Regular Meeting Page 6 1 Director Lee indicated that is before and noted that there is a 10% contingency figured in as well. 2 3 Council Member Flaherty asked whether the 10% would bring the project to within the budgeted 4 amount of $185,000. 5 6 Director Lee said that it should. He then said that Staff has discussed this with Spring Lake Park 7 and they are receptive to working on this with the City. 8 9 MOTION/SECOND: Mueller/Stigney. To Waive the Reading and Approve Resolution 7085, 10 Approving the Feasibility Report, Ordering the Project, Authorizing the Preparation of Plans and 11 Specifications, and Approving a Joint Powers Agreement with the City of Spring Lake Park for 12 the 2007 Seal Coat Project. 13 14 Ayes – 5 Nays – 0 Motion carried. 15 16 D. First Reading and Introduction of Ordinance 790, an Ordinance Amending 17 Chapter 5 of the Mounds View City Charter. Item Deleted 18 19 E. Resolution 7077, Approving an Abatement of Nuisance Code Violations 20 Associated with the Property Located at 5232 Skiba Drive 21 22 Housing Inspector Anderson explained that Mr. Oland, the property owner was issued citations 23 for nuisance code violations. He was just beyond the appeal period when he requested an appeal 24 and that is why this is before Council. 25 26 Inspector Anderson explained that there is exterior accumulation of debris in the yard and 27 outlined the history of the nuisance issues with this property. 28 29 Mr. Oland addressed Council and said that there were some personal matters that caused these 30 issues. He then said that he deflated the pool and that got rid of the standing water. He further 31 said that the piles of debris were removed by a hauling company. 32 33 Inspector Anderson explained that in the packet of information there are several impact 34 statements from surrounding properties indicating the situation at the property for the last few 35 years. Mr. Oland did get a dumpster that has been removed but he has not been out there within 36 the last week to determine whether things were removed. 37 38 Inspector Anderson informed him that he will need to get a fence permit since a fence is being 39 constructed. He then said that this fence will not allow this situation to continue just because it is 40 screened. He further said that he would recommend postponing or tabling to allow Staff to look 41 into the situation. 42 43 Council Member Flaherty said that he drove by the property and was told by neighbors that a lot 44 of progress has been made in the last two weeks. 45 Mounds View City Council May 14, 2007 Regular Meeting Page 7 1 Council Member Mueller asked whether the doors of the shed are operational as she would like 2 to keep the shed doors closed and secured so that kids do not take advantage of it. 3 4 Mayor Marty indicated he has received numerous letters and calls about this property for a while 5 now. He then said that this has been chronic since 2002 and it concerns him how much Staff 6 time this requires. 7 8 Mayor Marty said that certain items being done to the home are required to have permits to 9 ensure that things are done properly and fencing is one of them. 10 11 Mayor Marty agreed that it would be a good idea to keep the shed closed and locked for safety 12 reasons. 13 14 MOTION/SECOND: Flaherty/Mueller. To Postpone Action Until May 29, 2007 to Allow Time 15 for an Inspection. 16 17 Ayes – 5 Nays – 0 Motion carried. 18 19 F. Resolution 7071, Consideration of a Suspension of a Multiple Dwelling 20 License 7750 Silver Lake Road 21 22 Housing Inspector Anderson explained that at the April 23, 2007 meeting Council postponed for 23 follow up inspection. He then said that since the last meeting he has been in contact with the 24 contractors that obtained a permit for roof replacement and they have started the work out there. 25 26 Inspector Anderson indicated that the property is not in compliance but they are taking steps to 27 replace the roof. 28 29 Inspector Anderson suggested giving the property owner 14 calendar days to complete the roof 30 repair and repairs to the dwelling that needs the ceiling replaced. 31 32 Council and Staff discussed allowing the property owner 14 calendar days to complete all the 33 necessary repairs. 34 35 Director Ericson suggested adding language to the Resolution to require that the license be 36 suspended if the corrective actions are not taken by May 29, 2007. 37 38 Council agreed. 39 40 MOTION/SECOND: Marty/Hull. To Waive the Reading and Approve Resolution 7071, 41 Consideration of a Suspension of a Multiple Dwelling License at 7750 Silver Lake Road if the 42 Repairs are Not Completed by May 29, 2007. 43 44 Mounds View City Council May 14, 2007 Regular Meeting Page 8 Council Member Flaherty said that he is disappointed that the property management company 1 has not contacted the City. 2 3 Ayes – 5 Nays – 0 Motion carried. 4 5 G. Resolution 7051, Approving Full-Time Cable Television Coordinator 6 Position and Advertisement for Hire 7 8 Assistant to the Administrator Crane said that, at the work session, there was consensus to move 9 forward with the full time cable coordinator position. 10 11 MOTION/SECOND: Flaherty/Mueller. To Waive the Reading and Approve Resolution 7051, 12 Approving Full-Time Cable Television Coordinator Position and Advertisement for Hire. 13 14 Council Member Stigney said that if there were three part time people there would be greater 15 flexibility for the residents for broadcasting at far less dollars. He then said that he thinks that 16 this is a step in the wrong direction and he does not support this. 17 18 Council Member Hull said that this would add a new full time position at the City at a good 19 salary including benefits and he does not feel that it is as efficient as it would be to hire two more 20 part time people for this position. 21 22 Council Member Mueller said that the City expects companies that come into the City to look at 23 full time people and the City expects that the businesses that come to town to offer full time 24 positions and she sees a lot of part time people come and go and this requires constant training 25 for new people. She further said that she feels that this is a vital job within the City and the 26 people that are covering the position are making more than $19.00 or $20.00 an hour. 27 28 Mayor Marty expressed his opinion on the necessity to have a full time cable coordinator 29 position especially in light of the fact that there is not only the cable broadcasts, but also the 30 webstreaming. 31 32 Mayor Marty read the job description and requirements for the position noting he would like to 33 change the wording to be available and coordinate local candidate forums and local town hall 34 meeting because that is only once every other year and needs to get out to the residents. He 35 would also like to add aim to transition into website and newsletter duties as needed. 36 37 Mayor Marty agreed with Council Members Hull and Stigney in that he is not for “growing 38 government” but he feels that this position is vital as it can really benefit the residents rather than 39 turning the position into training to move them on to other facilities. 40 41 Council Member Stigney said that this is the starting salary that will increase every six months 42 and a cost of living on top of it so he feels the salary is very good to call it a training facility. 43 44 Mounds View City Council May 14, 2007 Regular Meeting Page 9 Mayor Marty said that with three part time people the City gets into the business of training them 1 and they stay for awhile and move on. 2 3 MOTION/SECOND: Marty/Mueller. To Amend the Position Description for Essential Duties 4 and responsibilities to amend Item 2 from be available as needed to be available and coordinate 5 local candidates forums and town hall meetings and on Page 2 under Peripheral duties assist in 6 other areas as designated aimed at transitioning into website and newsletter duties as possible 7 growth goals. 8 9 Community Development Director Ericson suggested assists in other areas with future potential 10 duties to include website maintenance and city newsletter duties. 11 12 Council Member Flaherty explained that the Human Resources Committee discussed the duties 13 and agreed to leave the description ambiguous so that it is at the discretion of the City what the 14 duties will be. 15 16 Barbara Haake said that the duty of doing a candidates meeting and town hall meetings are the 17 most important meetings that the City has so she feels it is very important to have this person 18 responsible for it. 19 20 Mayor Marty agreed to remove the language about website maintenance and newsletter duties 21 and then explain it to the candidate as they get into the position. 22 23 Mayor Marty withdrew his motion to amend the peripheral duties and left the amendment to be 24 available and coordinate local candidates forums. 25 26 The second agreed. 27 28 Council Member Stigney said that the reason for the peripheral duties is because there was an 29 issue with the previous coordinator who thought they only worked days and not nights. 30 31 Council Member Flaherty noted that the Resolution is to advertise for hire so he is not sure if it 32 needs an amendment to change the language of the job description. 33 34 Council agreed to the language change for the position description. 35 36 Mayor Marty withdrew his motion and the second agreed. 37 38 Ayes – 3 Nays – 2(Hull/Stigney) Motion carried. 39 40 H. First Reading and Introduction of Ordinance 789, an Ordinance Amending 41 Section 607.08 (Noise Control Regulations) Relating to Construction Noise 42 43 Community Development Director Ericson indicated that with the amount of construction 44 occurring in neighborhoods residents are surprised to learn that contractors can begin at 6:00 a.m. 45 Mounds View City Council May 14, 2007 Regular Meeting Page 10 on their work. He then said that Staff feels that 6:00 a.m. is a little early and this amendment to 1 the Ordinance would bring this portion of the ordinance more in line with the nuisance ordinance 2 not allowing construction to begin before 7:00 a.m. 3 4 Staff reviewed the proposed language changes and suggested allowing work on Sundays from 5 10:00 a.m. to 6:00 p.m. to give flexibility to residents who do want to work on their home but 6 provide some assurance that the next door neighbor would not be awakened by the construction 7 noise. 8 9 Council Member Stigney said that a lot of roofing takes place over the weekends so he has an 10 issue with limiting timing because if they are doing a roof that needs to go until it is done. 11 12 Director Ericson said that the Code does not allow working on your house on Sundays right now. 13 14 Council Member Flaherty said that he hates to legislate when people can work on their own 15 homes so he is okay with Monday through Sunday. 16 17 David Jahnke of 8428 Eastwood Road said that work is done on weekends now and neighbors do 18 not seem to have an issue with it. 19 20 Council Member Mueller suggested sunup to sundown. 21 22 Council Member Flaherty would prefer the 7:00 a.m. to 10:00 p.m. Monday through Sunday. 23 24 Council agreed. 25 26 MOTION/SECOND: Mueller/Hull. To Waive the Reading, Introduce the First Reading, and 27 Approve Ordinance 789, an Ordinance Amending Section 607.08 (Noise Control Regulations) 28 Relating to Construction Noise as Amended. 29 30 Ayes – 5 Nays – 0 Motion carried. 31 32 I. First Reading and Introduction of Ordinance 792, an Ordinance Amending 33 Chapter 1202 (Subdivision Plats and Procedures) of the Mounds View 34 Municipal Code 35 36 Community Development Director Ericson explained that this would provide a way for the City 37 to require other conditions if they are reasonable and related to the project. Staff and the City 38 Attorney is recommending approval of introduction of this Ordinance. 39 40 Council Member Mueller asked whether someone could suggest that the City used aesthetics to 41 discriminate against the project. 42 43 Council discussed it briefly and gave examples of what the term aesthetics meant and how they 44 read it. 45 Mounds View City Council May 14, 2007 Regular Meeting Page 11 1 MOTION/SECOND: Flaherty/Stigney. To Waive the Reading, Introduce the First Reading and 2 Approve Ordinance 792, an Ordinance Amending Chapter 1202 (Subdivision Plats and 3 Procedures) of the Mounds View Municipal Code. 4 5 Ayes – 5 Nays – 0 Motion carried. 6 7 J. Second Reading and Adoption of Ordinance 786, an Ordinance Amending 8 Chapter 1010 of the Mounds View Municipal Code Relating to Wetlands 9 Protection (Roll Call Vote) 10 11 Community Development Director Ericson explained that this will provide some strengthening 12 of the wetland protection requirements to allow the City to stop work in a wetland area that is not 13 in compliance with the Code. He then asked for approval to publish a summary of the 14 Ordinance. 15 16 Mayor Marty read the violation penalty section including the added language. 17 18 MOTION/SECOND: Mueller/Stigney. To Waive the Reading and Adopt Ordinance 786, an 19 Ordinance Amending Chapter 1010 of the Mounds View Municipal Code Relating to Wetlands 20 Protection. 21 22 ROLL CALL: Mueller/Flaherty/Hull/Stigney/Marty 23 24 Ayes – 5 Nays – 0 Motion carried. 25 26 K. Resolution 7082, Authorizing the Advertisement to Fill the Economic 27 Development Coordinator Position 28 29 Community Development Director Ericson explained that Mr. Backman has resigned from his 30 position and Staff has put together an announcement for the position and it is the Economic 31 Development Specialist rather than the Economic Development Coordinator as it has been 32 referred to. 33 34 Staff would like to interview June 18 through 20 and hopefully have a candidate for 35 consideration at the June 25, 2007 meeting. 36 37 Council Member Flaherty commented that he agrees that there is a lot going on and this position 38 has been invaluable to the City and needs to be filled as quickly as possible. He then suggested 39 on the posting to remove the starting salary. 40 41 Director Ericson said that the range, at least, should be included to allow those interested to know 42 what the position would pay. 43 44 Mayor Marty agreed. 45 Mounds View City Council May 14, 2007 Regular Meeting Page 12 1 Council Member Stigney said he likes the way it is worded right now as it is an anticipated 2 starting range. He then said that the open ended version he does not like. 3 4 MOTION/SECOND: Mueller/Stigney. To Waive the Reading and Approve Resolution 7082, 5 Authorizing the Advertisement to Fill the Economic Development Specialist Position. 6 7 Council asked that the wording be changed to specialist throughout the posting. 8 9 Ayes – 5 Nays – 0 Motion carried. 10 11 L. Resolution 7083, Establishing the Comprehensive Plan Task Force 12 13 Community Development Director Ericson suggested that the Task Force be comprised of one 14 member of each Commission, one member of Council, someone from the Chamber of 15 Commerce, and four positions at large for a nine member Task Force. 16 17 Council Member Flaherty said that his only question is whether to limit the number of members 18 at large as the City wants to promote resident involvement. 19 20 Mayor Marty agreed and said that he would like to leave it from four to six residents at large. 21 22 Council Member Stigney asked that the wording of Boards be removed because the City has no 23 Boards. 24 25 MOTION/SECOND: Hull/Stigney. To Waive the Reading and Approve Resolution 7083, 26 Establishing the Comprehensive Plan Task Force as Amended. 27 28 Ayes – 5 Nays – 0 Motion carried. 29 30 M. Resolution 7067, Approving the Purchase of a Spaulding RMV Hot 31 Patcher/Asphalt Recycler Unit 32 33 MOTION/SECOND: Flaherty/Marty. To Continue the Council Meeting for 30 Minutes. 34 35 Ayes – 5 Nays – 0 Motion carried. 36 37 Public Works Director Lee indicated that there are 27 miles of streets to be maintained. He then 38 explained that the City is not getting the asphalt heated well enough to get the compaction 39 necessary for a good pothole repair. 40 41 Director Lee explained that $30,000 was budgeted for this item but Staff determined that the 42 larger unit was not necessary. Staff recommends approval of the purchase of the hot patcher. 43 44 Mayor Marty listed everything included with the $19,500 price for the asphalt patcher. 45 Mounds View City Council May 14, 2007 Regular Meeting Page 13 1 Director Lee indicated that the triple insulating would require the use of less propane. 2 3 Council Member Mueller asked if the City still needs to go down to pick up the asphalt or if this 4 would give the City the ability to heat it up. 5 6 Director Lee indicated that they should not have anything to heat up here as it maintains heat and 7 it can all be used up. He then said that one person goes down and picks up the product and the 8 rest of the crew meets them at the job site. 9 10 MOTION/SECOND: Mueller/Flaherty. To Waive the Reading and Approve Resolution 7067, 11 Approving the Purchase of a Spaulding RMV Hot Patcher/Asphalt Recycler Unit. 12 13 Council Member Flaherty thanked Staff for the information in the report. He then said that he 14 was not aware of the waste of asphalt since it was cooling down and could not be used. 15 16 Council Member Stigney asked how the asphalt will be compacted. 17 18 Director Lee said that they have a roller. 19 20 Ayes – 5 Nays – 0 Motion carried. 21 22 N. Resolution 7054, Approving the Purchase of a Frost Breaker 23 24 Public Works Director Lee explained that there are between six and twelve watermain breaks and 25 they usually occur during the winter months. This requires breaking through the frost to get to 26 the watermain break. This piece of equipment would be attached to a piece of equipment to 27 break through the frost and allow for repair of the watermain. 28 29 MOTION/SECOND: Mueller/Flaherty. To Waive the Reading and Approve Resolution 7054, 30 Approving the Purchase of a Frost Breaker. 31 32 Ayes – 5 Nays – 0 Motion carried. 33 34 O. Resolution 7066, Approving the Purchase of a Replacement Trim Mower for 35 the Parks Division 36 37 Public Works Director Lee explained that the City does have a trim mower that is approximately 38 six years old but the City mechanic has looked at it and recommends replacement as the mower 39 deck is warped and there are issues with the PTO driveshaft and other items to be replaced. Staff 40 recommends replacement of the mower based on the recommendations of the mechanic. 41 42 MOTION/SECOND: Mueller/Marty. To Waive the Reading and Approve Resolution 7066, 43 Approving the Purchase of a Replacement Trim Mower for the Parks Division. 44 45 Mounds View City Council May 14, 2007 Regular Meeting Page 14 Ayes – 5 Nays – 0 Motion carried. 1 2 8. CONSENT AGENDA 3 4 A. Licenses for Approval 5 B. Resolution 7078 Authorizing the City Administrator to sign the Addendum to 6 the Joint Powers Agreement with the Southwest Cooperative Group Insurance 7 Pool 8 C. Resolution 7084 Approving a Restaurant License for Totino’s Italian 9 D. Schedule a Public Hearing for Monday, June 11, 2007 at 7:05 p.m. to Consider 10 an Off Sale Intoxicating Liquor License Renewal for ABC Liquor located at 11 2840 County Highway 10 12 E. Schedule a Public Hearing for Monday, June 11, 2007 at 7:10 p.m. to Consider 13 an Off Sale Intoxicating Liquor License Renewal for Vino & Stogies located at 14 2345 County Road H2 15 F. Schedule a Public Hearing for Monday, June 11, 2007 at 7:15 to Consider an Off 16 Sale Intoxicating liquor License Renewal for Big Top Liquor located at 2577 17 County Highway 10 18 G. Schedule a Public Hearing for Monday, June 11, 2007 at 7:20 p.m. to Consider 19 an On Sale Wine and 3.2 Malt Liquor License Renewal for Taiko Sushi located 20 at 2394 County Highway 10 21 H. Schedule a Public Hearing for Monday, June 11, 2007 at 7:25 p.m. to Consider 22 an On Sale Intoxicating Liquor License Renewal for Robert’s Sports Bar and 23 Entertainment located at 2400 County Highway 10 24 I. Schedule a Public Hearing for Monday, June 11, 2007 at 7:30 p.m. to Consider 25 an On Sale Intoxicating Liquor License Renewal for The Mermaid located at 26 2200 Highway 10 27 J. Schedule a Public Hearing for Monday, June 11, 2007 at 7:35 p.m. to Consider 28 an On Sale Intoxicating Liquor License Renewal for Moe’s located at 2400 29 County Highway 10 30 K. Resolution 7081 Authorizing Staff to Purchase Broadband Service for the 31 Community Center Banquet Facility and Lobby Area 32 L. Resolution 7086 Approving and Authorizing the Execution of an Agreement 33 Rider with the Board of Water Commissioners of the City of St. Paul for Work 34 Associated with the County Road 10 Trailway Project: Segments 9 & 10 35 36 Council Member Stigney asked that items C and K be removed for discussion. 37 38 MOTION/SECOND: Mueller/Flaherty. To Approve the Consent Agenda Items A, B, D, E, F, 39 G, H, I, J and L as Presented. 40 41 Ayes – 5 Nays – 0 Motion carried. 42 43 C. Resolution 7084 Approving a Restaurant License for Totino’s Italian 44 Kitchen Located at 2535 County Highway 10 45 Mounds View City Council May 14, 2007 Regular Meeting Page 15 1 Council Member Stigney asked that the word license be added to the Resolution for clarity. 2 3 MOTION/SECOND: Mueller/Stigney. To Approve Resolution 7084, Approving a Restaurant 4 License for Totino’s Italian Kitchen Located at 2535 County Highway 10 as Amended. 5 6 Ayes – 5 Nays – 0 Motion carried. 7 8 K. Resolution 7081, Authorizing Staff to Purchase Broadband Service 9 for the Community Center Banquet Facility and Lobby Area 10 11 Council Member Stigney asked whether this is really necessary. 12 13 Finance Director Beer explained that this would be for the banquet center as the YMCA is on the 14 City’s network. 15 16 Council Member Stigney asked how much use of the banquet center can be expected by having 17 high speed internet at the banquet center. 18 19 Finance Director Beer indicated that in order to pursue daytime business for training and business 20 meetings internet access is required. 21 22 Council Member Stigney would like to have a hardwired internet access for the Community 23 Center and not wi fi. 24 25 Council Member Mueller indicated that there is a resident who has rooms reserved for classroom 26 instruction for the families of the children she teaches and, having this access, would allow 27 families to bring in laptops and do some training in the classroom setting. 28 29 Finance Director Beer indicate4d that the Chamber of Commerce has agreed to share in the costs 30 for this service with the City and he has talked to the day care and they may be interested as well. 31 32 Council Member Flaherty said that they are missing the business community for training classes 33 and this is necessary to bring them in. 34 35 Mayor Marty would like to see if the daycare facility would like to cost share as well. 36 37 Finance Director Beer explained that the $200 per node is a one time charge. 38 39 MOTION/SECOND: Marty/Mueller. To Waive the Reading and Approve Resolution 7081, 40 Authorizing Staff to Purchase Broadband Service for the Community Center Banquet Facility 41 and Lobby Area. 42 43 Ayes – 5 Nays – 0 Motion carried. 44 45 Mounds View City Council May 14, 2007 Regular Meeting Page 16 9. JUST AND CORRECT CLAIMS 1 2 Mayor Marty indicated that he stopped in and talked to Staff about his questions today. 3 4 Council Member Flaherty requested clarification on Page 16 for street opening refund. 5 6 Finance Director Beer explained that if a contractor has to open a street the City requires a 7 deposit and then, when the work is completed, the deposit is returned. 8 9 MOTION/SECOND: Flaherty/Mueller. To Approve Just and Correct Claims as Presented. 10 11 Ayes – 5 Nays – 0 Motion carried. 12 13 10. APPROVAL OF MINUTES 14 15 A. March 26, 2007 16 17 Mayor Marty requested the following changes: On Page 6 last paragraph but that seeding 18 resulted in a significant cost savings which he concurred with. 8D line 26 not sure why that was 19 stricken out because it was discussed. On Page 10, Line 34, of what other revenues are. 20 21 MOTION/SECOND: Mueller/Marty. To Approve the March 26, 2007 City Council Meeting 22 Minutes as Amended. 23 24 Ayes – 5 Nays – 0 Motion carried. 25 26 B. April 9, 2007 27 28 Mayor Marty requested the following changes: On Page 6, Line 36 insert “on” the dispenser. 29 Line 1, Page 7, insert stated after Ericson. Page 12, Line 9, insert regulations after sign. 30 31 MOTION/SECOND: Marty/Mueller. To Approve the April 9, 2007 City Council Meeting 32 Minutes as Amended. 33 34 Ayes – 5 Nays – 0 Motion carried. 35 36 C. Executive Session April 9, 2007 37 38 MOTION/SECOND: Mueller/Flaherty. To Approve the April 9, 2007 Executive Session 39 Meeting Minutes as Presented. 40 41 Ayes – 5 Nays – 0 Motion carried. 42 43 11. REPORTS 44 45 Mounds View City Council May 14, 2007 Regular Meeting Page 17 A. Reports of Mayor and Council 1 2 Council Member Stigney said he would like to discuss the outdoor license fee structure at a work 3 session. 4 5 Council Member Mueller noted that the Festival in the Park Committee would be meeting at 6 McDonalds at 7:00 p.m. on May 15, 2007 and invited anyone interested to attend. The design a 7 t-shirt contest had several entries and a winner will be selected. She then said that they are 8 planning a car show for the Sunday of the Festival. 9 10 Council Member Mueller said that the appreciation luncheon for Staff was held last week and 11 she feels that the Staff does a really good job for the community. 12 13 Mayor Marty said that Jim Clark had a meeting with his motorcycle club and they are interested 14 in participating in the parade. 15 16 B. Reports of Staff 17 18 Finance Director Beer noted that Ricochet will be coming to test equipment. He then said that 19 there is a part time IT person in the public works department and, with the impending street 20 improvement projects, his time will be focused on public works and Council Member Mueller 21 had asked whether Roseville could give the City more time and they are able to provide a full 22 time person on Monday and Thursday. 23 24 Community Development Director Ericson reminded everyone of Spring Clean Up Day on 25 Saturday, May 19, 2007. 26 27 C. Reports of City Attorney 28 29 None. 30 31 12. Next Council Work Session: Monday, June 4, 2007, at 7 p.m. 32 Next Council Meeting: Tuesday, May 29, 2007 at 7 p.m. 33 34 Mayor Marty noted that the Street and Utility Task Force meets on Monday, May 21, 2007 at 35 5:30 p.m. 36 37 13. ADJOURNMENT 38 39 The meeting was adjourned at xx:xx p.m. 40 41 Transcribed by: 42 43 Joan Lenzmeier, Recording Secretary 44 TimeSaver Off Site Secretarial, Inc. 45 Item No: Meeting Date: May 29, 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. Alta Heating & Plumbing, Inc. (dba Clearwater Plumbing & Heating) HVAC New Czar’s of Tar Asphalt Renewal H.P. Pipeworks Excavating New R.A. Associates General (Commercial) New Ti-Zack Concrete, Inc. Cement/Masonry New Zahl-Petroleum Maintenance Co. General (Commercial) New Staff Recommendation: Approve license applications as requested. Item No. 6A Meeting Date: May 29, 2007 Type of Business: Special Order of Business 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: Nick Fleischhacker, Surface Water Technician Item Title/Subject: Annual Storm Water Permit Review STORM WATER POLLUTION PREVENTION PROGRAM ANNUAL PUBLIC REVIEW The City of Mounds View invites all interested parties to attend a public informational meeting on Monday, May 29, 2007 at 7:00 p.m. at the Mounds View City Hall, located at 2401 Highway 10, across from the Community Center. This meeting will be conducted as part of a regularly scheduled City Council Meeting. The purpose of the meeting is to present and discuss the City’s Storm Water Pollution Prevention Program (SWPPP). The Minnesota Pollution Control Agency (MPCA) required that all urbanized cities develop a Storm Water Pollution Prevention Program (SWPPP) by March of 2003, as part of their permit to operate a municipal storm sewer system. Information will be presented and discussed regarding the activities the City has been and will be engaging as a result of implementing the SWPPP. Items that will be verbally discussed include: the original SWPPP, progress toward achieving the measurable goals, and planned activities for the next year. A copy of the SWPPP is available for review at the Mounds View City Hall. A copy of the Municipal Separate Storm Sewer System (MS4) General Permit is also available at Mounds View City Hall and online: http://www.pca.state.mn.us/publications/wq-strm4-51.pdf Respectfully Submitted, Nick Fleischhacker, Surface Water Technician Nick.Fleischhacker@ci.mounds-view.mn.us Resolution No. 7077 Page 2 the City may certify the unpaid costs against the property pursuant to Section 607.09, Subd. 8 of the Mounds View Municipal Code. NOW THEREFORE, BE IT RESOL,VED THAT: The City will abate violations of Chapter 607 of the City Code no sooner than 5 calendar days and no later than 10 calendar days as follows. 1. The City Council authorizes City staff to complete any actions necessary to achieve compliance with the City Code with respect to violations of Section 607.03 Subd la; 607.03 Subd. lh; and 607.03 Subd. 3c 2. Michael R. Olin shall be personally liable to the City for the costs of abatement, including admiriistrative costs and reasonable storage costs. 3. Any unpaid portion of the abatement costs after 30 days of the date on the invoice may be certified as special assessments against the property upon a duly called heating and pursuant to Section 607.09, Subd. 8 of the Mounds View Municipal Code. Adopted this 29"' day of May, 2007 ATTEST: Rob Marty, Mayor 1Cu1-t Ulrich, City ClerldAdlninistrator Item No: 07D Meeting Date: 05/29/07 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 7033 Adopting City Vision and Mission Statement, Goals Program, Values Statement, and Rules of Conduct Introduction On February 7-8, 2007, the city council and department heads held a leadership retreat at the Random Park recreation building. The retreat was facilitated by Don Salverda, an outside consultant, for the purpose of strategic planning and team building among the City’s key elected and appointed officials. Over the two evenings of the retreat, the Council and Department Heads discussed the past, present and future, and responded with revised organizational goals and an action plan to respond to the opportunities facing the City of Mounds View over the next two years. The Council originally considered adoption of this resolution at the April 12, 2007 meeting, but postponed action to allow for citizen input prior to adoption. Discussion The group reaffirmed a shared vision for success, by agreeing on the current vision and mission statement. The vision statement reads: We see Mounds View as a proactive community that takes pride in its achievements. We are responsive to the changing needs and interests of our residents and businesses. As a result, our community thrives and prospers. The mission statement reads: Provide high quality public services that effectively address changing citizen and community needs in a fiscally responsible and customer-friendly manner. Participants also reaffirmed the City’s motto of “PRIDE – PROGRESS - PARTNERSHIPS” as a slogan that is still very relevant to the work the City will be doing in the next couple of years. The group also worked on a variety of other items including; improving communication, identifying future issues and opportunities, reviewing individual roles and responsibilities, identifying organizational values, establishing goals, and creating an action plan. The City’s goals program was reviewed and discussed with residents at the April 14th Town Hall meeting. There was good discussion at the meeting, with the public generally being supportive of the City goals as presented. The City Action Plan that establishes timeframes and responsibility for achieving these City goals was reviewed by the City Council at the April 2nd work session and a status report is scheduled for July. Recommendation As part of the retreat follow-up, it is recommended that the Council formally adopt the City Vision and Mission Statement, Goals Program, Values Statement, Rules of Conduct, and an Action Plan. The attached Resolution 7033 adopting these items is presented for council consideration and recommended for approval. RESOLUTION 7033 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA ADOPTING THE CITY VISION AND MISSION STATEMENT, GOALS PROGRAM, VALUES STATEMENT AND RULES OF CONDUCT WHEREAS, in February of 2006, the Mounds View City Council and Department Heads held a leadership retreat for the purpose of strategic planning and team building; and WHEREAS, the City Council and Department Heads discussed the past, present, and future and responded with a plan to respond to the opportunities facing the City of Mounds View over the next two years; and WHEREAS, the City Council and Department Heads developed a shared vision for success by agreeing on a formal vision, mission statement, values statement, and rules of conduct. WHEREAS, the City Council shared the City vision, mission, and goals with the public at the annual Town Hall Meeting, and residents in attendance voiced support. NOW, THEREFORE BE IT RESOLVED, that the Mounds View City Council hereby adopt the City of Mounds View Vision Statement (Exhibit A), Mission Statement (Exhibit B), Goals Program (Exhibit C), Values Statement (Exhibit D), and Rules of Conduct (Exhibit E). Adopted this 29th day of May, 2007. ________________________________ _ Rob Marty, Mayor ATTEST: ________________________________ _ Kurt Ulrich, City Administrator (seal) (EXHIBIT A) CITY OF MOUNDS VIEW VISION STATEMENT ADOPTED May 29 , 2007 We see Mounds View as a proactive Community that takes pride in its achievements. We are responsible to the changing needs and interest of our residents and businesses. As a result, our community thrives and prospers. Adopted this 29th day of May, 2007. ATTEST: Mayor Rob Marty Councilmember Stigney Councilmember Mueller Councilmember Flaherty Councilmember Hull City Administrator Ulrich (seal) (EXHIBIT B) CITY OF MOUNDS VIEW MISSION STATEMENT ADOPTED MAY 29, 2007 Our Mission is to provide high quality services that effectively address changing citizen and community needs in a fiscally responsible and customer-friendly manner. Adopted this 29th day of May, 2007. ATTEST: Mayor Rob Marty Councilmember Stigney Councilmember Mueller Councilmember Flaherty Councilmember Hull City Administrator Ulrich (seal) (EXHIBIT C) CITY OF MOUNDS VIEW GOALS PROGRAM ADOPTED MAY 29, 2007 STRATEGIC GOALS Strategic Goal 1: Improve the City’s street and utilities infrastructure and develop a financing plan for these improvements. Strategic Goal 2: Finalize and implement the redevelopment and revitalization plan for County Highway 10. Strategic Goal 3: Improve communications with, and the engagement of, the public in City programs and activities. Strategic Goal 4: Address Issues Related to the City Community Center. Strategic Goal 5: Develop an economic development philosophy for the City and develop alternatives to TIF to stimulate economic development. Strategic Goal 6: Enhance the City’s Revenue Sources to Ensure the City’s Financial Stability. Strategic Goal 7: Implement sound wall along south side of US Highway 10 ONGOING GOALS Ongoing Goal 1: Continue to provide quality service with limited resources Ongoing Goal 2: Keep property taxes as low as possible Ongoing Goal 3: Continually Update the City’s Comprehensive Plan. Ongoing Goal 4: Ensure a safe and secure community, with an emphasis on prevention. Ongoing Goal 5: Maintain and update the City’s five-year Capital Improvement Plan (CIP), including a plan for parks and recreation improvements. Ongoing Goal 6: Continually execute (implement) the strategic plan in order to achieve the City’s goals Adopted this 29th day of May, 2007. ATTEST: Mayor Rob Marty Councilmember Stigney Councilmember Mueller Councilmember Flaherty Councilmember Hull City Administrator Ulrich (seal) (EXHIBIT D) CITY OF MOUNDS VIEW VALUES STATEMENT ADOPTED MAY 29, 2007 The following values are fundamental to the City of Mounds View’s success and the fulfillment of our mission: 1. Excellence and Quality in the Delivery of Services We believe that service to the public is our reason for being and strive to deliver quality services in a highly professional and cost-effective manner. 2. Fiscal Responsibility We believe that fiscal responsibility and the prudent stewardship of public funds is essential for citizen confidence in government. 3. Ethics and Integrity We believe that ethics and integrity are the foundation blocks of public trust and confidence and that all meaningful relationships are built on these values. 4. Treating Citizens with Respect We believe that citizens are to be treated with courtesy and respect and deserve the best services we can provide. 5. Open and Honest Communication We believe that open and honest communication is essential for an informed and involved citizenry and to foster a positive working environment for employees. 6. Cooperation and Teamwork We believe that the public is best served when departments and employees work cooperatively as a team rather than at cross purposes. 7. Professionalism We believe that continuous improvement is the mark of professionalism and are committed to applying this principle to the services we offer and the development of our employees. 8. Continuous Learning We believe that continuous learning and ongoing education of our elected and appointed officials will allow us to better recognize current opportunities, anticipate change, and prepare for the future. Adopted this 29th day of May, 2007. ATTEST: Mayor Rob Marty Councilmember Stigney Councilmember Mueller Councilmember Flaherty Councilmember Hull City Administrator Ulrich (seal) (EXHIBIT E) CITY OF MOUNDS VIEW RULES OF CONDUCT ADOPTED MAY 29, 2007 Rule#1 Council Members treat each other, the staff and the public with respect and dignity. Rule #2 Council Members maintain the highest standards of honesty and integrity in their public and private dealings. Rule #3 Council Members recognize the interdependency of the Council and the Professional Staff. Rule #4 Council Members are courteous in their dealings, and do not interrupt other Council Members, the Staff or Citizens when they are speaking at Council meetings. Rule #5 Council Members respect the individuality and contribution that other Council Members and Staff Members bring to the City. Rule #6 Council Members respect the majority vote of the Council, and do not undermine or sabotage implementation of ordinances, policies, and rules passed by the majority. Rule #7 Council Members respect and do not belittle, the minority opinions and votes of Council Members who are not part of the majority vote on key issues. Rule #8 Council Members praise in public and criticize and discipline in private. Rule #9 Council Members focus on the “Big Picture of the City,” thinking and acting strategically. Rule #10 Council Members set an example for others to follow. Adopted this 29th day of May, 2007. ATTEST: Mayor Rob Marty Councilmember Stigney Councilmember Mueller Councilmember Flaherty Councilmember Hull City Administrator Ulrich (seal) Item No. 07E Type of Business: CB Meeting Date: August 14, 2006 City Administrator Review: _____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Assistant to the City Administrator Item Title/Subject: Resolution 7080 Authorizing Severance Package for Aaron Backman, Mounds View Economic Development Specialist Background Aaron Backman has resigned from his position as the Mounds View Economic Development Specialist effective May 16, 2007. Attached is Resolution 7080, which authorizes a severance payment to Aaron Backman. This payment is in accordance with the current Personnel Manual and AFSCME Labor Agreement. Resolution 7080 provides a payout of Mr. Backman’s vacation hours. In accordance with the current AFSCME Labor Agreement, Mr. Backman is eligible for a vacation payout of $7,011.63. This is calculated as 249.88 hours times his hourly salary of $28.06, which equates to a $7,011.63 severance payment. Recommendation Staff recommends severance payment in accordance with the current Personnel Manual and AFSCME Labor Contract in the amount of $7,011.63. Respectfully submitted, Desaree Crane RESOLUTION NO. 7080 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING SEVERANCE FOR AARON BACKMAN WHEREAS, Aaron Backman has resigned from the Mounds View Community Development Department effective May 16, 2007; and WHEREAS, the balance of accrued and unused vacation time is 249.88 hours as of May 16, 2007; and WHEREAS, Aaron Backman’s current rate of pay of $28.06 per hour. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council approve a one-time payout of accrued and unused vacation not to exceed $7,011.63 to Aaron Backman effective May 16, 2007. Adopted this 29th day of May, 2007. ________________________________ Rob Marty, Mayor ATTEST: ________________________________ Kurt Ulrich, City Administrator (seal) Item No: 7F Meeting Date: May 29, 2007 Type of Business: CB Administrator Review: ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, Community Development Director Item Title/Subject: Second Reading and Adoption of Ordinance 789, an Ordinance Amending Section 607.08 (Noise Control Regulations) of the Municipal Code Relating to Construction Noise Introduction: As part of our ongoing effort to ensure the City’s Municipal Code is up to date and consistent with City goals, policies and procedures, staff reviewed the City’s noise control regulations (Section 607.08) and, in consultation with the City Attorney, is suggesting amendments to clarify and improve the effectiveness of the subdivision requirements and eliminate inconsistent language. Discussion: The City’s noise control regulations prohibit loud, unnecessary or unusual noises which either annoys, disturbs or affects the comfort, repose, health or peace of others, regardless of time. Granted, enforcement of this provision can be difficult because what one person considers a loud an unnecessary noise, another may not. The Code further indicates that loud or disturbing noises shall be prohibited from 10:00 pm through 7:00 am. The Code then addresses the specific issue of construction noise, requiring that no construction noise be generated between the hours of 10:00 pm and 6:00 am and at any time on a Sunday. (Refer to Exhibit 1 for the full text of the noise regulations.) Many residents have complained about the early construction start time (6:00 am) remarking that 6:00 am is too early for such disruptions. The regulations are qualified however to allow an individual or family working on their own home to be exempt from the noise control regulations. Such an exemption seems arbitrary, because—in theory—the sound of a skill saw or nail gun sounds the same in the hands of a contractor as it does in the hands of a homeowner. The intent of this exemption, we suspect, is that the Council in place at the time the regulation was codified did not want to place undue restrictions on homeowners working on their own homes, thus making a distinction between resident builders and non-resident builders. The City Council considered this amendment on May 14, 2007, and decided it made more sense make the construction times consistent throughout the week, including Sundays, eliminating any distinction between non-resident and resident workers. The first reading was approved at the May 14th meeting. Ordinance 789 Report May 29, 2007 Page 2 Recommendation: Staff recommends holding the second reading and adopting Ordinance 789, which has been updated based on the discussion from May 14th. Staff is also seeking authorization to publish a summary of the ordinance in lieu of the full text version, as allowed by City Charter. The full version would be available at City Hall and on the website for public review. Respectfully submitted, ________________________ James Ericson Community Development Director 607.08: NOISE CONTROL REGULATIONS Subd. 1. Loud Or Unnecessary Noises Prohibited: It shall be unlawful for any person to make or cause to be made any loud, unnecessary or unusual noise which either annoys, disturbs or affects the comfort, repose, health or peace of others. Subd. 2. Loud Or Disturbing Noises Enumerated; Restrictions: The following acts set forth in the following paragraphs are declared to be loud, disturbing and unnecessary noises in violation of this Section, but said enumeration shall not be deemed to be exclusive: a. Construction Or Repairing Of Buildings: The erection, including excavating, demolition, alteration or repair of any building between the hours of ten o'clock (10:00) P.M. and six o'clock (6:00) A.M. on weekdays and all day Sunday, except where single individuals or families work on single-family residences for their own occupancy owned by them; except, that the Clerk-Administrator may, or a designee, in case of emergency, grant permission to repair at any time when the Clerk-Administrator finds such repair work will not affect the health and safety of persons in the vicinity. b. Nighttime Noise In Residential Areas; Parties: (1) No person shall, between the hours of ten o'clock (10:00) P.M. and seven o’clock (7:00) A.M., participate in any loud party or gathering of people from which noise emanates of a sufficient volume as to disturb the peace, quiet or repose of persons residing in any residential area. (2) Loud noises between the hours of ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M. of such volume as to be plainly audible at a distance of one hundred feet (100') from the residential premises wherein such loud party or gathering is located shall be prima facie evidence of a violation of this Section. (3) No persons shall visit or remain within any residential dwelling unit wherein such loud party gathering is taking place, except the owner, persons residing in that unit or persons who are there for the sole purpose of abating the disturbance. (Ord. 556, 3-20-95) c. Stereos, Radios, Tape Players, Disc Players, Etc.: Operation of a stereo, radio, tape player, disc player, or any such device at anytime in a motor vehicle in such a manner as to be plainly audible at a distance of fifty feet (50’) from the vehicle shall be prima facie evidence of a violation of this Section. (Ord. 612-, 4-13-98) ORDINANCE SUMMARY ORDINANCE NO. 789 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA An Ordinance Amending Section 607.08 of the Mounds View Municipal Code Relating to Noise Control Regulations On May 29, 2007, the Mounds View City Council adopted an ordinance which amends Section 607.08 of the City Code relating to construction noise. Prior to the amendment, no construction activity could take place between the hours of 10:00 pm and 6:00 am Monday through Saturday and at no time on Sundays. The Council determined that 6:00 am was too early to begin construction activity and thus changed the start time to 7:00 am. The Council further determined that it is unreasonable to prohibit construction activity on a Sunday and thus changed the Code to extend the same hours for construction on Sundays as any other day of the week. A copy of Ordinance 789 is on file and available for public viewing at the office of the Clerk Administrator. The ordinance is also posted in its entirety on the City’s website, located at www.ci.mounds-view.mn.us/ords/789.pdf. Kurt Ulrich, City Clerk-Administrator ORDINANCE NO. 789 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING SECTION 607.08, SUBD 2A OF THE MOUNDS VIEW CITY CODE BY REVISING LANGUAGE PERTAINING TO THE CITY’S NOISE CONTROL REGULATIONS THE CITY OF MOUNDS VIEW ORDAINS: SECTION 1. The City Council of the City of Mounds View hereby amends Section 607.08, subd 2a of the Mounds View Municipal Code pertaining to Noise Control Regulations by deleting the stricken language and adding the underlined text as follows: Subd. 2. Loud Or Disturbing Noises Enumerated; Restrictions: The following acts set forth in the following paragraphs are declared to be loud, disturbing and unnecessary noises in violation of this Section, but said enumeration shall not be deemed to be exclusive: a. Construction Or Repairing Of Buildings: The erection, including excavating, demolition, alteration or repair of any building between the hours of ten o'clock (10:00) P.M. and seven o’clock (7:00) A.M., Monday through Sunday. The City Clerk-Administrator may grant authority for work to occur at any time in the event of an emergency or when it is found that such activity would not affect the health, safety, comfort and repose of persons in the vicinity. , six o'clock (6:00) A.M. on weekdays and all day Sunday, except where single individuals or families work on single-family residences for their own occupancy owned by them; except, that the Clerk-Administrator may, or a designee, in case of emergency, grant permission for construction or to repair at any time when the Clerk-Administrator finds such repair work will not affect the health and safety of persons in the vicinity SECTION 2. This ordinance shall take effect and be in force 30 days from and after its passage and publication, in accordance with Section 3.09 of the City Charter. Introduction and First Reading by the City Council of the City of Mounds View this 14th day of May, 2007. Second Reading and Adoption by the City Council of the City of Mounds View this 29th day of May, 2007. _______________________________________ Rob Marty, Mayor ATTEST: _______________________________ Kurt Ulrich, City Administrator (seal) Item No: 7G Meeting Date: May 29, 2007 Type of Business: CB Administrator Review: ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, Community Development Director Item Title/Subject: Second Reading and Adoption of Ordinance 792, an Ordinance Amending Chapter 1202 (Subdivision Plats and Procedures) of the Mounds View Municipal Code Introduction: As part of our ongoing effort to ensure the City’s Municipal Code is up to date and consistent with City goals, policies and procedures, staff reviewed the City’s Subdivision Code (Title 1200) and, in consultation with the City Attorney, is suggesting amendments to clarify and improve the effectiveness of the subdivision requirements. Discussion: The City’s subdivision regulations are straightforward with quantifiable requirements and reasonable standards for approval. The regulations, however, treat all development and land divisions the same when in reality most divisions have unique characteristics. The City Attorney has proposed language that provides reasonable authority to condition subdivision approval on “compliance with all requirements deemed necessary to preserve neighborhood aesthetics or to protect the health, safety and welfare of neighboring landowners and the future residents within the subdivision.” Staff concurs with the suggested language. The City Council approved the first reading of Ordinance 792 on May 14, 2007. Recommendation: Staff and the City Attorney recommends holding the second reading and approving Ordinance 792, an Ordinance which amends Chapter 1202 of the Municipal Code to allow the City to condition plat approval on compliance with all requirements deemed necessary to preserve neighborhood aesthetics or to protect the health, safety and welfare of neighboring landowners and the future residents within the subdivision. Staff also is seeking authorization to publish the attached ordinance summary in the newspaper rather than the full text of the ordinance, as provided by City Charter. Respectfully submitted, ________________________ James Ericson Community Development Director ORDINANCE SUMMARY ORDINANCE NO. 792 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING TITLE 1200, CHAPTER 1202 OF THE MOUNDS VIEW CITY CODE BY ADDING LANGUAGE REGARDING SUBDIVISION REQUIREMENTS On May 29, 2007, the Mounds View City Council adopted an ordinance which adds language to the City’s subdivision regulations to ensure that subdivisions comply with all requirements deemed necessary to preserve neighborhood aesthetics or to protect the health, safety and welfare of neighboring landowners and the future residents within the subdivision. The ordinance, along with the full text of the City’s Wetland Zoning Code, are on file and available for public viewing at the office of the Clerk Administrator. The ordinance is posted in its entirety on the City’s website, located at www.ci.mounds- view.mn.us/ords/792.pdf. Kurt Ulrich, City Clerk-Administrator ORDINANCE NO. 792 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING TITLE 1200, CHAPTER 1202 OF THE MOUNDS VIEW CITY CODE BY ADDING LANGUAGE REGARDING SUBDIVISION REQUIREMENTS THE CITY OF MOUNDS VIEW ORDAINS: SECTION 1. The City Council of the City of Mounds View hereby amends Title 1200, Sections 1202.01, 1202.03, 1202.04, 1202.05 and 1202.07 of the Mounds View Municipal Code by deleting the stricken material and adding the underlined material as follows: 1202.01: PRELIMINARY SUBDIVISION PLAN APPLICATION: * * * Subd. 2. Application: a. * * * (8) Any additional information requested by the planning department or city staff deemed necessary to preserve neighborhood aesthetics or protect the health, safety and welfare of neighboring landowners and the future residents within the subdivision. 1202.03: NECESSARY DATA FOR PRELIMINARY PLAT: The preliminary plat or surveyor’s certificate of the proposed subdivision shall contain or have attached thereto the following information: * * * Subd. 4. Other Information: a. Such other information or requirements as may be requested by the Planning and Zoning Commission, or Council or city staff that are deemed to be necessary to preserve neighborhood aesthetics or to protect the health, safety and welfare of neighboring landowners and the future residents within the subdivision. Ord 792 Page 2 1202.04: CONDITIONS OF PRELIMINARY PLAT APPROVAL: * * * Subd. 2. Tentative Approval: The approval of a preliminary plat of a major subdivision by the Council is tentative only, involving merely the general acceptability of the layout as submitted. The Council shall not permit the installation of any public improvements in the proposed plat unless the preliminary plat is approved. Preliminary plat approval is conditioned upon compliance with all requirements deemed necessary to preserve neighborhood aesthetics or protect the health, safety and welfare of neighboring landowners and the future residents within the subdivision. 1202.05: NECESSARY DATA FOR FINAL PLAT: * * * Subd. 2. Information to be Shown: * * * p. Any other information as may be required by the Planning and Zoning Commission, or Council or city staff that is deemed to be in the interest of the public’s health, safety or welfare. 1202.07: FINAL PLAT APPROVAL PROCEDURE: * * * Subd. 2. Conformance to Preliminary Plat: * * * b. The Clerk-Administrator shall examine the final plat to determine whether it conforms to the preliminary plat, as approved., including, but not limited to, compliance with all requirements deemed necessary to preserve neighborhood aesthetics or to protect the health, safety and welfare of neighboring landowners and the future residents within the subdivision. c. If the Clerk-Administrator determines that the final plat, as submitted, does not conform with the terms of the Council approval of the preliminary plat, including, but not limited to, compliance with all requirements deemed necessary to preserve neighborhood aesthetics or to protect the health, safety and welfare of neighboring landowners and the future residents within the subdivision, the Ord 792 Page 3 Clerk-Administrator shall so report to the Planning and Zoning Commission. The Planning and Zoning Commission shall recommend to the Council approval or disapproval of the final plat within thirty (30) days of receipt of the Clerk- Administrator’s report. SECTION 2. This ordinance shall take effect and be in force 30 days from and after its passage and publication, in accordance with Section 3.09 of the City Charter. INTRODUCTION AND FIRST READING by the City Council of the City of Mounds View this 14th day of May, 2007. SECOND READING AND ADOPTION by the City Council of the City of Mounds View this 29th day of May, 2007. _______________________________________ Rob Marty, Mayor ATTEST: _______________________________ Kurt Ulrich, City Administrator (seal) Item No. 7H Meeting Date: May 29, 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: Mike Schnur, Lead Utility Worker Item Title/Subject: Resolution 6895 Approving a Contracts for the SCADA (Supervisory, Control, and Data Acquisition) System Upgrade No. 2 Background: The City of Mounds View has operated a water and sewer distribution system since the early 1960’s. These are critical health and safety services vital to our everyday lives that need to operate 24 hours a day, 365 days a year. Both the water and sewer systems have pumping equipment that needs to operate without failure. The water pumps ensure that the City has an adequate water supply for use and fire protections. The sewer pumps ensure that there are no health risks or property damage due to sewer back-ups. These systems are monitored by the City’s SCADA (Supervisory Control and DATA Acquisition) system. The SCADA system was originally installed in 1989, and upgraded in 1998. This system consists of computer hardware, software, and communication devices to control the functions of the City’s water and sanitary sewer infrastructure systems. The SCADA System monitors and controls the City’s water storage capacity, treatment plant operations, all wells and boosters pumps, and sanitary sewer lift stations. This system allows staff to monitor operations and be notified immediately of any monitored failure. The City can also review pumping flows and tank elevations to optimize efficiency and reduce power demand to save on energy bills and participate in energy load management programs. There are a total of ten sites where communication is needed to operate the system. Five sites are external sites, located away from the City Hall and Public Works building facilities area and five are internal sites located within this area. The current way for the SCADA system to communicate back and forth from the five external, and five internal sites, is by dedicated communication (telephone) lines. The five internal sites use City owned and maintained communication lines, while Qwest provides the five external communication lines. These dedicated Quest communication lines currently cost the City $839.86 per month to operate, or $10,078.32 annually. Discussion: There are two system communication problems the City is currently encountering: 1. A temporary loss of communication to the five external sites. In most cases, this issue is addressed by Qwest in a generally short period of time. However, on occasions, it has taken several days. 2. A random total loss of communication to four of the five internal sites o Treatment plant No. 1 – a 2.8 million gallon per day capacity plant o The booster station - the City’s two million gallon in ground storage reservoir tank and high service back-up pumps o Well No. 1 o Well No. 2 Staff has tried to trouble shoot the reasons for the loss of communication, with the assistance of Roseville, and Siemens Water Technologies Corp., and have not been able to figure why the system fails, or why it starts to work without any repairs. It should also be noted that staff cannot start and stop these wells utilizing the SCADA computer without communication. Staff can start and stop these wells manually, but that would require someone to be onsite 24 hours a day, and that would cost the City $513.36 – $581.86 a day in overtime per person, during the summer months. If the staff did not work the overtime, and continued with our peak control energy saving plan, the City’s maximum daily pumping would be 3,060,000 gallons, with no ground reservoir back-up. In the summer months, the City has had several days where it has pumped over 3 million gallons of water in one day. It happened 6 times in 2005, all of which were in July. In 2004, the City again pumped over 3 million gallons of water in one day six times, again all in July. But in 2003 the City pumped over 3 million gallons of water in one day 22 times from June through August. On these days the City would have to take corrective measures, work overtime, or break the Xcel peak control rules. Peak control is a cost savings program that Xcel Energy offers to high volume electric users. It allows for Xcel to restrict the hours during the day that the City can draw electricity to pump, and treat water. It also allows Xcel to put the City on zero draw, which means that staff goes around to all the wells and shut off all the breakers where power comes into the buildings. If staff ran any well during the zero draw peak control time set by Xcel, the penalty would be so great that it would be more than what the City saves for that well over the entire year. The City saves on average $20,000 a year, on electric rates, on all the wells and booster station combined using peak control. The Peak Control Programs restricts the operations of W ell No 1 from 10:00pm to 6:00am, 7 days a week. For W ell No 6 the operations are restricted from 9:00 pm to 9:00 am Monday through Friday. While these were the only days we pumped more than 3 million gallons of water in one day, there were 20 – 30 days a year where the City pumped between 2.5 and 3 millions gallons of water in a day. If by chance one of these days coincides with one of the days that Xcel tells the City to go to zero draw, the City would most likely run very low, or out of water. The City was put on peak control once in 2005, but the City was put on a high probability to be shut off for two weeks straight, Monday through Friday. The City generally will be put on notice once the temperature reaches 90 degrees. In 2001, the City was put on peak control 13 times in June and July. If the City runs the wells any other time, than these permitted times, there is a penalty. Further Discussion: Staff has received a bid from US Filter, the proprietary owner of our current SCADA system to install radio communication to all of the existing sites. That bid came in at $30,860.00 plus tax. This bid did not include installation of the radio antennas, the poles they would need to be installed on, or the wiring from the antenna’s to the radio units. The bid for these items was $23,649.00. The current phone lines have out-lived their practical life. With current technology, the City of Mounds View can eliminate the additional phone line costs and repairs by switching to radio technology. Radio technology will enable the City to have the same communication capability, without the cost of dedicated phone lines. These phone lines are also starting to fail. These failures could cause the City to run drastically short, or even out of water during the hot summer months. The phone lines that are currently failing are City owned and maintained lines thus we can’t call Qwest to fix the problem. The new radio technology would be completely compatible with our current SCADA system, so there shouldn’t be any additional cost associated with updating our new computer system. New Discussion: Since the City initially started its research of installing radio communication into its existing well houses and lift stations, new technology has been created. This new technology is an open architecture system - “non-proprietary” system. However, this new system is not compatible with our current communication hardware. This hardware is all original from installation back in 1992. While it is not currently in failure, it is past its expected life. The City of Roseville has the same hardware, and is currently replacing it due to old age failures. The increased cost for the City to upgrade to this new radio communication and hardware is an additional $9,000.00. This new communication system will be able to be serviced by Roseville under the current contract for technical assistance at no additional cost. The two cities will have interchangeable parts, so overhead costs, or waiting for parts to arrive will be all but eliminated. It has also been proposed that with the two cities having the same systems, in the event of an emergency / natural disaster, that both cities would be able to assist in the running and monitoring of the others system. Currently the City of Arden Hills is working on developing this same system. The City has received quotes for an entire upgrade of radio communication plus new communications hardware. They are as follows: 1. US Filter - Complete system package total cost $193,000 + tax 2. TPC – Telemetry and Process Controls Inc Equipment Purchase $44,450 + tax General Repair Inc. Installation Services $19,500 + tax Combining TPC and General Repair quotes $63,955 +tax Combining the product and services of TPC and General Repair meets the same specifications and requirements as the quote provided by US Filter. The adopted budget for 2006 had $28,740 budgeted for a SCADA System upgrade. The adopted 2007 budget has an additional $56,515.00 allotted in the Enterprise Fund, under the water infrastructure and equipment department, capital equipment account (account 700-4823-7030). Recommendation: It is recommended the Council adopt a resolution to award a contract to TPC for the purchase of hardware and software for the price of $44,450 + tax and a contract to General Repair for $19,500 + tax for the installation of said hardware and software for the SCADA System Upgrade No. 2. Respectfully submitted, ________________________ Michael Schnur, Lead Utility Worker RESOLUTION 6895 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING CONTRACTS FOR THE SCADA SYSTEM UPGRADE NO. 2 WHEREAS, the current problem we are having, is a random total loss of communication; and WHEREAS, Summer pumping totals increase drastically; and WHEREAS , peak control is a cost savings program to the City of Mounds View; and WHEREAS, with new technology, the City of Mounds View can eliminate the cost and repair of dedicated phone lines by switching to radio technology; and WHEREAS, the savings would be approximately $840.00 per month; and WHEREAS, the City will have up to date technology; and WHEREAS, Staff has received a bids to install radio communication and hardware upgrades to all of the existing sites; and WHEREAS, two separate bids were received from TPC and General Repair for separate components of the SCADA system upgrade; and WHEREAS, said separate bids when combined for comparison purposes were low bid. 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 TPC for $44,450 +tax and General Repair for $19,500 + tax is hereby approved 2. That the Mayor and City Administrator are hereby authorized and directed to enter into a contract with TPC and General Repair. 3. That the funds to finance this project will be derived from the Enterprise Fund, under the water infrastructure and equipment department, capitol equipment account (account 700-4823-7030). Adopted this 29th day of May 2007 (ATTEST) ___________________________________ Rob Marty, Mayor (SEAL) ___________________________________ Kurt Ulrich, City Administrator RESOLUTION 6895 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING A CONTRACT FOR THE SCADA SYSTEM UPGRADE NO. 2 WHEREAS, The current problem we are having, is a random total loss of communication to Treatment Plant No. 1; and WHEREAS, Summer pumping totals increase drastically; and WHEREAS, Peak control is a cost savings program to the City of Mounds View; and WHEREAS, with new technology, the City of Mounds View can eliminate the cost and repair of dedicated phone lines by switching to radio technology; and WHEREAS, The savings would be approximately $840.00 per month; and WHEREAS, Staff has received a bid from US Filter, the proprietary owner of our current SCADA system to install radio communication to all of the existing sites; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota as follows: 4. That a contract with Quality Flow Systems Incorporated to purchase and install the SCADA System Upgrade No. 2 in the amount of $54,509.00, plus tax, is hereby awarded. 5. That the Mayor and City Administrator are hereby authorized and directed to enter into a contract with Quality Flow Systems Incorporated. 6. That the funds to finance this project will be derived from the Enterprise Fund, under the water infrastructure and equipment department, capitol equipment account (account 700-4823-7030), and that any additional funds that may be required are to be derived from the Enterprise Fund, water infrastructure and equipment department contingency account. Adopted this 14th day of August 2006 (ATTEST) ___________________________________ Rob Marty, Mayor (SEAL) ___________________________________ Kurt Ulrich, City Administrator Item No: Meeting Date: May 29, 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. Allan Mechanical, Inc. HVAC New Alta Heating & Plumbing, Inc. (dba Clearwater Plumbing & Heating) HVAC New Czar’s of Tar Asphalt Renewal H.P. Pipeworks Excavating New R.A. Associates General (Commercial) New Ti-Zack Concrete, Inc. Cement/Masonry New Zahl-Petroleum Maintenance Co. General (Commercial) New Staff Recommendation: Approve license applications as requested. Item No: 08B Meeting Date: May 29, 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 7087 Approving a Therapeutic Massage Business License to Dennis Opitz, who will be administrating Therapeutic Massage at the Anytime Fitness Center in Mounds View Dennis Opitz is applying for a Therapeutic Massage License to practice therapeutic massage at Anytime Fitness in Mounds View. He currently holds a therapeutic massage with the City of Shoreview, and practices therapeutic massage in Blaine and Brooklyn Park. He is currently working in Chiropractic Clinics as a Therapeutic Massage Therapist at Kranz Chiropractic (Shoreview), Family Chiropractic (Blaine) and Brookwest Chiropractic (Brooklyn Park). Mr. Opitz has the necessary insurance coverage in accordance with the City Code, received his training through the Minneapolis School of Massage and Bodywork located in Minneapolis, and completed 527 hours of training (400 hours is required in accordance with the Mounds View City Code). In addition, Mr. Opitz has been practicing massage since 1995. (City Code requires that the applicant have one year of experience practicing massage therapy as established by an affidavit – affidavit on file). All applicable license fees have been paid in full. The City Code also requires a background check on Mr. Opitz. Staff has not received the background check back from the Minnesota Bureau of Criminal Apprehension. This Therapeutic Massage License will be pending a satisfactory background check. Staff did contact the City of Shoreview to see if any complaints were made against Mr. Opitz. The City of Shoreview stated to Staff that there have been no complaints against Mr. Opitz. In accordance with the City Code, this license will expire on December 31, 2007. Recommendation: Staff recommends approval of Resolution 7087, approving Mr. Opitz’s Therapeutic Massage license pending a satisfactory background check. Respectfully submitted, Desaree Crane RESOLUTION NO. 7087 CITY OF MOUNDS VIEW COUNTY OR RAMSEY STATE OF MINNESOTA APPROVING A THERAPEUTIC MASSAGE LICENSE TO DENNIS OPITZ TO PRACTICE THERAUPTIC MASSAGE IN MOUNDS VIEW WHEREAS, the City Code requires that massage therapist must be licensed in the City; and WHEREAS, the City Code requires that the applicant have one year of experience practicing massage therapy as established by an affidavit and can document within two years of obtaining the license that the applicant has completed four hundred hours or certified therapeutic massage training from a recognized school; and WHEREAS, Dennis Opitz is applying for a Therapeutic Massage License to practice therapeutic massage at the Anytime Fitness Center in Mounds View; and WHEREAS, Mr. Opitz has the necessary insurance coverage in accordance with the City Code; and WHEREAS, Mr. Opitz received his training through the Minneapolis School of Massage and Bodywork located in Minneapolis, and completed 527 hours of training; and WHEREAS, Mr. Opitz submitted an affidavit which stated that she has provided therapy to family friends and the public since beginning the massage therapy program at the Minneapolis School of Massage and Bodywork; and WHEREAS, it is required that the applicant must have a satisfactory background check; and WHEREAS, this Therapeutic Massage License will not be awarded unless staff receives a satisfactory background check from the Minnesota Bureau of Criminal Apprehension. NOW, THEREFORE BE IT RESOLVED, a Therapeutic Massage License is approved to Audrey Olsen, pending a satisfactory background check. NOW, MAY IT FURTHER BE RESOLVED, that Ms. Olsen’s Therapeutic Massage license will expire on December 31, 2007. Adopted this 29th day of May, 2007. ___________________________________ Rob Marty, Mayor ATTEST: ___________________________________ Kurt Ulrich, City Administrator (seal) Item No. 08C Type of Business:CA Meeting Date: May 29, 2007 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: Consideration of Resolution 7088 Approving a Transfer of Tobacco License Ownership from Mohammad Ismail to Nidal Mah Al-Ramahi for Sam’s Food Market located at 2408 County Rd I The present owner of Sam’s Food Market is requesting a transfer of ownership for their Tobacco License from Mohammad Ismail to Nidal Mah’s Al-Ramahi. All application materials and fees have been submitted to the City. Recommendation: Staff recommends approval of Resolution 7088, Approving a transfer of Business License Ownership from Mohammad Ismail to Nidal Mah’s Al-Ramahi for Sam’s Food Market located at 2408 County Rd I. Respectfully Submitted, Desaree Crane RESOLUTION 7088 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA Approving a Transfer of a Tobacco Business License Ownership from Mohammad Ismail to Nidal Mah Al-Ramahi for Sam’s Food Market located at 2408 County Road I WHEREAS, Mohammad Ismail and Nidal Mah’s Al-Ramahi, recently submitted an application for a tobacco license transfer for Sam’s Food Market located at 2408 County Road I ; and WHEREAS, Mr. Al-Ramahi has submitted the appropriate application materials and fees; and WHEREAS, the licensing period would be June 1, 2007- June 30, 2008; and WHEREAS, all City of Mounds View business licenses must be approved by the City Council. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does hereby approve a tobacco license to Nidal Mah Al Ramahi for Sam’s Food Market located at 2408 County Road I. Adopted this 29th day of May 2007. ___________________________________ Rob Marty, Mayor ATTEST: ___________________________________ Kurt Ulrich, City Administrator (seal) Item No. 8F Meeting Date: May 29, 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 7089 Approving the Plans and Specifications, Setting a Bid Date, and Authorizing the Advertisement for Bids for the 2007 Seal Coat Project Background: On April 9, 2007 the City Council approved Resolution 7065 authorizing the preparation of a preliminary feasibility report and the selection of a consultant for the 2007 Seal Coat Project. At the meeting, Staff introduced the concept of partnering with the City of Spring Lake Park as a way to reduce the administrative costs and perhaps receive more favorable bids. On April 23, 2007 the City Council approved Resolution 7072 authorizing the preparation of a Joint Powers Agreement and setting a Public Improvement Hearing date for the 2007 Seal Coat Project. On May 14, 2007 the City Council approved Resolution 7085 approving the Feasibility Report, holding a Public Improvement Hearing, ordering the project, authorizing the preparation of plan and specifications, and approving a Joint Powers Agreement with the City of Spring Lake Park. Discussion: Plans and Specifications – Based on previous City Council action, plans and specifications for this project have been prepared. This has been attached for City Council’s review. On May 21, 2007 the City of Spring Lake Park approved the Joint Powers Agreement (previously approved by the City of Mounds View on May 14, 2007). As a result, the plans include both the Mounds View project as well as the Spring Lake Park Project. The cost estimate based on the plans and specifications for the total combined project -for both Mounds View and Spring Lake Park is $307,700. Mounds View’s share of this would be 63.6% – or $195,697.20. This is comparable to the figure of $195,700 given in the feasibility report. As stated in the report, these figures are probably conservative now that this is officially a combined project. The final cost allocations will be based on the actual project costs. Advertise for Bids – As per state statute, with an estimated contract amount in excess of $100,000, publication must be made at least three weeks before the last day to submit bids. The advertisement must be published at least once in the official newspaper and at least once in either a trade paper or a newspaper that is published in a first class city. Given this, Staff seeks authorization to advertise for bids. Bid Date – A June 21, 2007, 10:00 a.m. bid date will provide ample time to provide the required notification to contractors as per state statute. Project Schedule – The current project schedule is as follows: May 29, 2007 City Council approves Plans and Specifications, sets a June 21, 2007 bid date, and authorizes the advertisement for bids June 21, 2007 Bids Received (Thursday 10:00 AM, Mounds View City Hall) June 25, 2007 Award Construction Contract July 16, 2007 Project Begins July / August 2007 Initial Sweeping – three days after application. Second sweeping – 30 days after application September 1, 2007 Project Completed Recommendation: It is recommended the City Council adopt a resolution approving the plans and specifications, setting a bid date, and authorizing the advertisement for bids for the 2007 Seal Coat Project. Respectfully Submitted, Greg Lee, Director of Public Works RESOLUTION 7089 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING THE PLANS AND SPECIFICATIONS, SETTING A BID DATE, AND AUTHORIZING THE ADVERTISEMENT FOR BIDS FOR THE 2007 SEAL COAT PROJECT WHEREAS, on April 9, 2007 the City Council approved Resolution 7065 authorizing the preparation of a preliminary feasibility report and the selection of a consultant for the 2007 Seal Coat Project; and WHEREAS, on the basis of the City Council's previous action, a preliminary report has been prepared and has been submitted for the City Council’s review; and WHEREAS, on April 23, 2007 the City Council approved Resolution 7072 setting a May 14, 2007 Public Improvement Hearing date for the 2007 Seal Coat Project; and WHEREAS, on May 14, 2007 the City Council approved Resolution 7085 approving the Feasibility Report, holding a Public Improvement Hearing, ordering the project, authorizing the preparation of plan and specifications, and approving a Joint Powers Agreement with the City of Spring Lake Park; and WHEREAS, plans and specifications for this project have been prepared; and WHEREAS, the estimated construction cost is $195,697.20 based on the plans and specifications; and WHEREAS, as per state statute, with an estimated contract amount in excess of $100,000, publication must be made at least three weeks before the last day to submit bids; and WHEREAS, a June 21, 2007, 10:00 a.m. bid date will provide ample time to provide the required notification to contractors as per state statute. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota as follows: 1. The plans and specifications for the 2007 Seal Coat Project, which were prepared pursuant to Resolution 7085, adopted by the City Council on May 14, 2007 are hereby approved as the plans and specifications in accordance with which said improvements shall be constructed. 2. A date to receive bids for said improvements is hereby established as June 21, 2007 at 10:00 a.m. 3. That Staff is hereby directed to cause to be published in the New Brighton Bulletin and in the Construction Bulletin, at least three weeks before the last day to submit bids, a notice to bidders for the implementation of said project as required by law. Adopted this 29th day of May 2007. (ATTEST) ____________________________________ Rob Marty, Mayor (SEAL) ____________________________________ Kurt Ulrich, City Administrator Item No. 8G Meeting Date: May 29, 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 7090 Approving a Service Contract for the City Hall Elevator Background: The one year warranty on the renovated City Hall elevator expired at the end of April. According to various state and federal regulations, monthly service and systems checks must be performed on this elevator. In the past this service has been provided by All City Elevator Company. Discussion: Three quotes were received to provide the required monthly service. The quotes received were from: • All City Elevator, Inc. for $111.00 per month which includes the annual no- load test in accordance with A.N.S.I. A-17.1 Code requirements. • Eagle Elevator for $110.00 per month which does not include the annual no-load test in accordance with the A.N.S.I. A-17.1 Code requirements. • Metro Elevator, Inc. for $95.00 per month which includes the annual no- load test in accordance with the A.N.S.I. A-17.1 Code requirements. This service as quoted by all three venders is normally referred to as an Oil and Grease Agreement. Any repairs determined to be needed during these service calls will be billed separately. It should be noted that All City Elevator did the upgrading of the elevator during the City Hall Rehabilitation project. Also, the emergency telephone in the elevator is currently programmed to call All City Elevator when used. Due to their familiarity with the elevator, staff recommends that All City Elevator continue to provide these services. This would be a two year contract and would automatically be renewed for successive one (1) year periods thereafter unless either party serves written notice to cancel. Recommendation: Staff recommends that the City Council approve awarding a service contract to All City Elevator for the maintenance of the City Hall elevator. Respectfully Submitted, Greg Lee, Director of Public Works RESOLUTION 7090 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING A SERVICE CONTRACT FOR THE CITY HALL ELEVATOR WHEREAS, the one year warranty on the renovated City Hall elevator expired at the end of April; and WHEREAS, according to various state and federal regulations, monthly service and systems checks must be performed on this elevator; and WHEREAS, there were three companies that submitted quotes for a service contract for the City Hall elevator; and WHEREAS, All City Elevator did the upgrading of the elevator during the City Hall Rehabilitation project as well as the emergency telephone in the elevator is currently programmed to call All City Elevator when used; and WHEREAS, due to their familiarity with the elevator, staff recommends that All City Elevator continue to provide these services; and WHEREAS, this would be a two year contract and would automatically be renewed for successive one (1) year periods thereafter unless either party serves written notice to cancel. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota as follows: 1. That a service contract with All City Elevator for the maintenance of the City Hall elevator is hereby awarded. 2. The Mayor and City Administrator are hereby authorized and directed to enter into said contracts. 3. Said contracts shall be in effect for a period o two years and will automatically be renewed for successive one (1) year periods thereafter unless either party serves written notice to cancel. Adopted this 29th day of May 2007. (ATTEST) ____________________________________ Rob Marty, Mayor (SEAL) ____________________________________ Kurt Ulrich, City Administrator PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1 CITY OF MOUNDS VIEW 2 RAMSEY COUNTY, MINNESOTA 3 4 Regular Meeting 5 April 23, 2007 6 Mounds View City Hall 7 2401 Highway 10, Mounds View, MN 55112 8 7:00 P.M. 9 10 11 1. MEETING IS CALLED TO ORDER 12 13 2. PLEDGE OF ALLEGIANCE 14 15 3. ROLL CALL: Stigney, Hull, Flaherty, and Mueller 16 17 NOT PRESENT: Marty. 18 19 4. APPROVAL OF AGENDA 20 21 A. Monday, April 23, 2007 City Council Agenda 22 23 MOTION/SECOND: Mueller/Flaherty. To Approve the Monday, April 23, 2007 City Council 24 Agenda as Presented. 25 26 Ayes – 4 Nays – 0 Motion carried. 27 28 5. PUBLIC INPUT 29 30 Chief Sommer provided a report on the Pinewood parking issue on Quincy Street. Chief 31 Sommer indicated that the calls made to them have been responded to and the cars dispersed 32 from the area. He then said that the Officers have been asked to watch the area as well as 33 meeting with the School to discuss parking in the area. 34 35 Chief Sommer said that the officers have done an excellent job to ensure the safety of the 36 children getting to and from school. 37 38 Chief Sommer noted that this is an area that they are considering for a security camera to monitor 39 the parking situation. 40 41 Council Member Mueller thanked the Chief for the information and said that he and his officers 42 are doing a good job. 43 44 Mounds View City Council April 23, 2007 Regular Meeting Page 2 Acting Mayor Stigney said that he likes the idea of the flier to provide information to parents in 1 the area about the parking. 2 3 Council Member Flaherty thanked the Chief for the information and said that the petition is an 4 indictment against the police department and, it is an unfair indictment against the police 5 department, and he thanked them for the proactive actions to provide this necessary information 6 to the Council. 7 8 6. SPECIAL ORDER OF BUISNESS 9 10 A. Resolution 7074 Proclaiming April 24, 2007 as Arbor Day 11 12 City Administrator Ulrich read Resolution 7074. 13 14 MOTION/SECOND: Mueller/Hull. To Approve Resolution 7074, Proclaiming April 24, 2007 15 as Arbor Day. 16 17 Ayes – 4 Nays – 0 Motion carried. 18 19 7. COUNCIL BUSINESS 20 21 A. Public Hearing to Consider Resolution 7059, a Resolution Approving an 22 Interim Use Permit (IUP) for Application for a Billboard on Outlot A, Sysco 23 Second Addition 24 25 Community Development Director Ericson noted that this is a public hearing to consider an 26 interim use permit for a billboard between Sysco Foods and Medtronic. The City Adopted 27 ordinance 769 and entered into an agreement with clear channel on the billboards and the terms 28 of the acquisition and relocation requires the relocation of four billboards. One site would be the 29 City’s outlot between Sysco and Medtronic. Consistent with that, a lease agreement was 30 executed with Clear Channel to allow that to move forward. The billboards would have a 30 31 year life span and then would need to be removed. 32 33 Director Ericson indicated that the setbacks and all other Code requirements have been satisfied. 34 The Planning Commission reviewed this matter and felt that this billboard would cause no 35 adverse effects in this location. 36 37 Director Ericson read a statement from the Planning Commission noting that they are opposed to 38 the location of billboards on Highway 10 but, to not approve this request, could create a worse 39 situation. 40 41 Director Ericson read the conditions of approval listed in the Resolution and noted that the City 42 will receive lease revenues from this billboard. 43 44 Acting Mayor Stigney opened the public hearing. 45 Mounds View City Council April 23, 2007 Regular Meeting Page 3 David Jahnke 8428 Eastwood Road asked who will bear the cost of moving this sign. 1 2 Director Ericson indicated that the cost associated with relocating the sign will be born by 3 Medtronic. 4 5 Mr. Jahnke asked what the lease revenues will be. 6 7 Director Ericson indicated that the revenue stream would be the same as the two remaining signs 8 on the former golf course property and estimated that the revenues begin at $15,000, then 9 $25,000, and then $30,000 up through the 30 year period. 10 11 Hearing no further public comments, Acting Mayor Stigney closed the public hearing. 12 13 Council Member Hull asked when the lease starts, in 2005, or when it is constructed. 14 15 Director Ericson indicated that the lease term will begin when the sign is erected. 16 17 City Attorney Riggs requested adding the expiration date to the Resolution. 18 19 MOTION/SECOND: Flaherty/Mueller. To Waive the Reading and Approve Resolution 7059, 20 A Resolution Approving an Interim Use Permit (IUP) for Application for a Billboard on Outlot 21 A, Sysco Second Addition as Amended to Include the Expiration Date. 22 23 Ayes - 4 Nays – 0 Motion carried. 24 25 B. Public Hearing to Consider the Second Reading of Ordinance 788, 26 Approving Amendments to Chapters 1102 and 1113 of the Mounds View 27 Zoning Code to Define Neighborhood Motor Fuel Station and Allow a 28 Neighborhood Motor Fuel Station as a Conditional Use in a B-2 Zoning 29 District 30 31 Community Development Director Ericson said that the first reading was held and this second 32 reading addresses the addition of language to the Zoning Code to identify a subset of gas stations 33 that would be allowed in the B2 Zoning District. Staff asked that the public hearing be opened 34 and that Council take no action until the next meeting as the owners of The Station are not 35 present and would like to be here for this. 36 37 Acting Mayor Stigney opened the public hearing. 38 39 MOTION/SECOND: Stigney/Mueller. To Continue to the May 14, 2007 Meeting at 7:05 p.m. 40 41 Ayes – 3 Nays – 0 Abstain – 1(Hull) Motion carried. 42 43 C. Resolution 7070, Approving the Replacement of an Outdoor Warning Siren 44 45 Mounds View City Council April 23, 2007 Regular Meeting Page 4 Chief Sommer explained that this Resolution is seeking approval to replace one of the outdoor 1 warning sirens. This siren is located near Groveland Park and the new model will have a battery 2 backup and a louder siren covering a larger area. 3 4 Council Member Flaherty asked where the siren without battery backup is located. 5 6 Chief Sommer indicated the last one is at City Hall and that is scheduled for replacement next 7 year. 8 9 MOTION/SECOND: Mueller/Flaherty. To Waive the Reading and Approve Resolution 7070, 10 Approving the Placement of an Outdoor Warning Siren. 11 12 Acting Mayor Stigney noted the cost and the low bidder. 13 14 Ayes – 4 Nays – 0 Motion carried. 15 16 D. Resolution 7071, Consideration of the Suspension of a Multiple Dwelling 17 License for 7750 Silver Lake Road 18 19 Housing Inspector Anderson appeared before Council and said that there is a water leak and a 20 corrective notice was issued and, to date, there have been no formal mitigation plans received. 21 However, a building permit application was received this afternoon for replacement of the roof at 22 the premise. He then asked that Council consider tabling this Resolution at this time. 23 24 MOTION/SECOND: Mueller/Hull. To Postpone Resolution 7071, Consideration of the 25 Suspension of a Multiple Dwelling License for 7750 Silver Lake Road to the May 14, 2007 26 Meeting. 27 28 Ayes – 4 Nays – 0 Motion carried. 29 30 E. Resolution 7075, Recognizing Woodlawn Terrace for Level C Certification in 31 the Mounds View Multiple Dwelling Licensing Program 32 33 Housing Inspector Anderson recognized Woodlawn Terrace for Level C Certification in the 34 Mounds View Multiple Dwelling Licensing Program. 35 36 MOTION/SECOND: Flaherty/Mueller. To Waive the Reading and Approve Resolution 7075, 37 Recognizing Woodlawn Terrace for Level C Certification in the Mounds View Multiple 38 Dwelling Licensing program. 39 40 Flaherty thanked the management people for their efforts. 41 42 Ayes – 4 Nays – 0 Motion carried. 43 44 Mounds View City Council April 23, 2007 Regular Meeting Page 5 F. Resolution 7076, Recognizing Scotland Green, Sands and Silverwood 1 Apartments for Level B Certification in the Mounds View Multiple Dwelling 2 Licensing Program 3 4 Housing Inspector Anderson appeared before Council and recognized Scotland Green, Sands and 5 Silverwood Apartments for their efforts to attain Level B Certification in the Mounds View 6 Multiple Dwelling Licensing Program. 7 8 MOTION/SECOND: Mueller/Hull. To Waive the Reading and Approve Resolution 7076, 9 Recognizing Scotland Green, Sands and Silverwood Apartments for Level B Certification in the 10 Mounds View Multiple Dwelling Licensing Program. 11 12 Ayes – 4 Nays – 0 Motion carried. 13 14 Housing Inspector Anderson noted that there were two additional applications that will be 15 coming before Council for approval. 16 17 G. Consider Resolution 7057, Approving a Development Review for an 11,000 18 Square Foot Manufacturing/Production Building at Central Sandblasting, 19 2299 County Road H 20 21 Community Development Director Ericson noted that this is a request for development review 22 for Central Sandblasting and they have been at this location since 1973 and are looking to expand 23 their facility. This would be a new building on the west side of the property to allow them to do 24 more work and get their materials inside to clean up the site. The property is 2.8 acres and is 25 zoned industrial. 26 27 Director Ericson said that Staff has reviewed parking, easements, and storm water runoff. He 28 then said that 45 Parking Stalls are required now and, with the expansion, 67 parking stalls 29 would be required. The site is either paved or fully graveled so there is adequate space available 30 for parking. 31 32 Director Ericson explained that the driveway is proposed along the easement and public works 33 approves, as long as the owner realizes that any restoration for work to be done in the easement 34 area is the responsibility of the property owner. 35 36 Director Ericson noted that grading and drainage plans have been reviewed by public works, and 37 Staff feels that this is a good plan. 38 39 Staff feels that, after review, the request meets all City Code requirements and Staff recommends 40 approval. 41 42 Director Ericson read the conditions of approval from the Resolution. 43 44 Director Ericson requested that Council add a requirement for a development agreement. 45 Mounds View City Council April 23, 2007 Regular Meeting Page 6 1 Council Member Mueller said that, in one photo, there are puddles and she is wondering if 2 changes will take care of that. 3 4 Director Ericson said there are plans for a swale but the lot is very flat. He then said that Staff 5 feels that this will be an improvement. 6 7 Council Member Flaherty thanked them for providing jobs for the City. He then asked if this 8 will alleviate storing pallets outside. 9 10 The Applicant indicated that they will still need to store some things outside but this will be an 11 improvement. 12 13 MOTION/SECOND: Mueller/Hull. To Waive the Reading and Approve Resolution 7057, 14 Approving a Development Review for an 11,000 Square Foot Manufacturing/Production 15 Building at Central Sandblasting, 2299 County Road H as Amended to Include a Development 16 Agreement. 17 18 Council Member Mueller said she is happy that they are growing their business in town. 19 20 Ayes – 4 Nays – 0 Motion carried. 21 22 H. First Reading and Introduction of Ordinance 786, an Ordinance Amending 23 Chapter 1010 of the Mounds View Municipal Code Relating to Wetlands 24 Protection 25 26 Community Development Director Ericson explained that the proposed ordinance amendment 27 would clarify and strengthen the language in the Code that describes when a wetland alteration 28 permit would be required. He then said that the other change, as direction from Council, was to 29 make sure that Kennedy & Graven review this and provide additional teeth under enforcement 30 for violation and penalties. That additional language has been added. He then read it. 31 32 Council Member Mueller asked whether the Staff could put a copy of the Ordinance change in 33 water bills to inform residents. 34 35 Staff can do so. 36 37 MOTION/SECOND: Hull/Flaherty. To Waive the Reading and Introduce Ordinance 786, an 38 Ordinance Amending Chapter 1010 of the Mounds View Municipal Code Relating to Wetlands 39 Protection. 40 41 Ayes – 4 Nays – 0 Motion carried. 42 43 Mounds View City Council April 23, 2007 Regular Meeting Page 7 I. Resolution 7073, Approving Hiring William Hanggi as a Part-time Seasonal 1 Employee and Setting a Wage for Returning Seasonal Employees in Public 2 Works 3 4 Public Works Director Lee addressed Council and explained that the 2007 Seasonal Public 5 Works Positions were approved with one issue being advertising for part time seasonal workers 6 and the second issue being the wage for returning part time seasonal workers. 7 8 Director Lee pointed out that this is a part time position and Mr. Hanggi would work, on average, 9 three days per week and the position would terminate in six months. The position has no benefits 10 and the wage recommendation is $12.50 per hour. 11 12 Director Lee noted that Staff had provided information on returning seasonal workers from other 13 cities. He then said that 37 applications were received for the 10 positions available and, 14 historically, there have been only 11 applications for 10 positions. He then recommended 15 approval of $11.50 for returning seasonal workers. 16 17 Council Member Mueller said she would like to separate the two things out rather than doing 18 them at the same time. 19 20 MOTION/SECOND: Mueller/Flaherty. To Waive the Reading and Approve Resolution 7073A 21 Hiring William Hanggi as a Part Time Seasonal Returning Employee at $12.50 Per Hour. 22 23 Council Member Flaherty asked what makes Mr. Hanggi different from the other seasonal 24 employees. 25 26 Director Lee explained that this is somewhat different as it is a part time seasonal position and 27 the others are full time seasonal. 28 29 Director Lee explained that Staff would be using Mr. Hanggi’s wealth of knowledge and 30 experience to train existing employees. 31 32 Acting Mayor Stigney requested that the $12.50 wage be added to the motion. He then said that 33 Mounds View is ahead of the game with what other cities are paying. He further said that this is 34 up to 10 and he would like Mr. Hangii to be considered one of the 10 not an addition to the 10. 35 36 Ayes – 4 Nays – 0 Motion carried. 37 38 MOTION/SECOND: Mueller/Flaherty. To Waive the Reading and Approve Resolution 7073B, 39 Setting a Wage for Returning Seasonal Employees in Public Works up to $11.50 per Hour. 40 41 Ayes – 4 Nays – 0 Motion carried. 42 43 J. Resolution 7051, Approving Full-time Cable Coordinator Position and 44 Advertisement for Hire 45 Mounds View City Council April 23, 2007 Regular Meeting Page 8 1 City Administrator Ulrich explained that this item would approve advertisement for the full time 2 cable coordinator position as previously discussed by the Council. 3 4 William Werner of 2765 Sherwood Road asked what a Cable Coordinator would do and why the 5 position is necessary. 6 7 City Administrator Ulrich explained that this person would develop programs, cable cast the 8 Council meetings and other City meetings. 9 10 David Jahnke of 8428 Eastwood Road said that he does not feel like it is necessary for a full time 11 employee. He then said that it seems like they are trying to build a cable corporation. He further 12 said that the economy is bad and he thinks that this is unnecessary at this time. 13 14 Council Member Hull asked whether the Cable Coordinator position was new last year. 15 16 City Administrator Ulrich indicated that it was the first time there was a full time position but the 17 title was a little different. 18 19 Council Member Flaherty said that one thing from a few years ago was a goal of better 20 communication with the residents. He then said that he supports the position as he thinks it is 21 something that the City needs to better inform residents of what is going on. 22 23 Council Member Mueller said that a lot of people cannot come down to the meeting or get the 24 papers but, there are a lot of people that watch these meetings on television. This position was 25 already established by the City and this would replace that person. 26 27 Mr. Jahnke said that he sees no difference for other departments and why does the City have to 28 pay the Cable volunteers and not other volunteers. 29 30 Acting Mayor Stigney said he questions the Hayes points and the required salary. He then said 31 that he does not approve of full time for this position because he does not want the City to be 32 required to pay full time with benefits and the other costs associated with having employees. 33 34 City Administrator Ulrich suggested postponement to allow time for Staff to contact the 35 consultant. 36 37 MOTION/SECOND: Mueller/Flaherty. To Postpone Resolution 7051, Approving Full-time 38 Cable Coordinator Position and Advertisement for Hire to May 14, 2007. 39 40 MOTION/SECOND: Mueller/Stigney. To Postpone to Allow Staff to Have the Opportunity to 41 Get the Results of the Information from the Research Company and to Look at the Option of 42 Three Part Time People Rather than One Full Time Coordinator. 43 44 Mounds View City Council April 23, 2007 Regular Meeting Page 9 Acting Mayor Stigney would like the Human Resources Committee to discuss three part time 1 positions rather than full time. 2 3 Ayes – 3 Nays – 1(Flaherty) Motion carried. 4 5 Ayes – 4 Nays – 0 Motion carried. 6 7 Acting Mayor Stigney noted that the title for this position is Cable Television Coordinator. 8 9 8. CONSENT AGENDA 10 11 A. Licenses for Approval 12 B. Schedule a Public Hearing for Monday, May 14, 2007 at 7:05 p.m. to Consider 13 an On-Sale Intoxicating Liquor License for Totino’s Restaurant Located at 2535 14 County Road 10 in Mounds View 15 C. Schedule a Public Hearing for Tuesday, May 29, at 7:05 p.m. to Consider the 16 First Reading and Introduction of Ordinance 791 Adopting a Five Year 17 Financial Plan for 2008 through 2012 18 D. Resolution 7072 Authorizing the Preparation of a Joint Powers Agreement and 19 Setting a Public Improvement Hearing Date for the 2007 Seal Coat Project 20 21 Council Member Flaherty would like to remove B and D for discussion. 22 23 MOTION/SECOND: Mueller/Flaherty. To Approve Consent Agenda Items A and C as 24 Presented. 25 26 Ayes – 4 Nays – 0 Motion carried. 27 28 B. Schedule a Public Hearing for Monday, May 14, 2007 at 7:05 p.m. to 29 Consider an On-Sale Intoxicating Liquor License for Totino’s 30 Restaurant Located at 2535 County Road 10 in Mounds View 31 32 Economic Development Coordinator Backman reported that Totino’s Italian Kitchen that has 33 been in NE Minneapolis since 1951 has to move to a new location this year and they will be at 34 2535 County Highway 10. 35 36 Coordinator Backman explained that the Totino family has made it a tradition to be involved 37 with area communities and that would be good for the City. 38 39 Council Member Mueller confirmed that the Code has been reviewed on the liquor license 40 portion of the restaurant business with the proximity to the Church and the Daycare Center. 41 42 Coordinator Backman indicated that he reviewed it with Heidi Heller, the planner and he has 43 copies if anyone would like to review it. He then said that if anyone receives 60% of revenues 44 from sales of food they shall be exempt. 45 Mounds View City Council April 23, 2007 Regular Meeting Page 10 1 Council Member Mueller asked how many this restaurant will be able to seat. 2 3 Coordinator Backman explained that Mounds View Square would have adequate parking. 4 5 Council Member Flaherty said that this seems a little premature, and, he has no issue with it but 6 there is no plan before the Council for what the building will look like. 7 8 City Administrator Ulrich explained that the license is important to this business and, they 9 wanted to make sure that they could obtain the license before expending a lot of money at this 10 location. He then suggested that the license could be a conditional approval. 11 12 Community Development Director Ericson explained that the approval will be contingent upon 13 the request meeting all City requirements. 14 15 Coordinator Backman said that he asked them how they feel about the customer base while 16 moving and was told that they feel comfortable with this location as they feel that their 17 customers are located all around the area. He then said that Staff is trying to move the process 18 along but, they are spending money to relocate to this site and that is why Staff is trying to 19 accommodate them. 20 21 Council Member Mueller said that when she was talking to a resident one thing that residents 22 want is a sit down restaurant and she is very excited about this opportunity. 23 24 MOTION/SECOND: Flaherty/Mueller. To Approve Scheduling a Public Hearing for Monday, 25 May 14, 2007 at 7:05 p.m. to Consider an On-Sale Intoxicating Liquor License for Totino’s 26 Restaurant Located at 2535 County Road 10 in Mounds View. 27 28 Ayes – 4 Nays – 0 Motion carried. 29 30 D. Resolution 7072 Authorizing the Preparation of a Joint Powers 31 Agreement and Setting a Public Improvement Hearing Date for the 32 2007 Seal Cost Project 33 34 Council Member Flaherty would like to provide plenty of information, even before the public 35 hearing, so that residents are informed. He then asked Public Works Director Lee to provide 36 information as to what would be happening at the public hearing. 37 38 Public Works Director Lee provided an explanation. 39 40 Council Member Mueller asked Staff to explain why the seal coating comes up on newer streets. 41 42 Public Works Director Lee explained that there is a seal coat program, to coat streets within 43 three to five years of reconstruction, and then 5 to 6 years after that to maintain the best 44 pavement management program possible for the streets. 45 Mounds View City Council April 23, 2007 Regular Meeting Page 11 1 Council Member Flaherty asked who would draft the Joint Powers agreement and at what cost. 2 3 Director Lee explained that Kennedy & Graven would do so and the costs should not be much 4 as there was already one done that can just be amended. 5 6 City Attorney Riggs estimated that drafting the document would cost a couple hundred dollars. 7 8 MOTION/SECOND: Flaherty/Mueller. To Waive the Reading and Approve Resolution 7072, 9 Authorizing the Preparation of a Joint Powers Agreement and Setting a Public Improvement 10 Hearing Date for the 2007 Seal Coat Project. 11 12 Ayes – 4 Nays – 0 Motion carried. 13 14 Staff asked for direction on how to handle notice for this project and whether direct mailing is 15 necessary to residents along the streets scheduled for seal coating. 16 17 Council directed Staff to post it on the website and in the newspaper. 18 19 9. JUST AND CORRECT CLAIMS 20 21 Council Member Mueller asked, on Page 16, for clarification on the donation and what fund it 22 will go into. 23 24 Finance Director Beer said that twice per year Bethlehem Lutheran Church makes a donation and 25 it is distributed throughout the City. This will be put into the Y Partners. 26 27 Acting Mayor Stigney explained that the gift is in lieu of paying taxes. 28 29 MOTION/SECOND: Mueller/Hull. To Approve Just and Correct Claims as Presented. 30 31 Ayes – 4 Nays – 0 Motion carried. 32 33 10. APPROVAL OF MINUTES 34 35 A. March 23, 2007 and April 9, 2007 Minutes will be Approved at the May 14, 36 2007 City Council Meeting 37 38 11. REPORTS 39 40 A. Reports of Mayor and Council 41 42 David Jahnke said he went to the Airport Commission meeting and the traffic actually is down 43 this past year and, also, there has been talk of the restaurant and there is an interested party that 44 Mounds View City Council April 23, 2007 Regular Meeting Page 12 wants to go further than that because they feel that a motel, because of Medtronic, would be a lot 1 more convenient. 2 3 Council Member Mueller said that the May/June edition of Mounds View Matters is out with a 4 lot of good information. The Festival in the Park committee has been meeting every other week 5 to work on the festival for Sunday, August 19, 2007. There will be a design a T-shirt contest and 6 the information is on the website. 7 8 Council Member Mueller said that she had the privilege of attending a Minnesota League of 9 Cities seminar last week and she attended 10 sessions that could have been all day, but were very 10 informational sessions of about 45 minutes and she learned a lot that she hopes to apply in her 11 position. 12 13 Acting Mayor Stigney reported that the County Commissioners gave themselves a 25.1% raise 14 with no public discussion and no public input from $63,948 up to $80,000 and Tony Bennett will 15 get $82,500. He then said that he talked to Commissioner Parker at the Town Hall meeting and 16 made his comments known to her. He further said that both Commissioners Parker and Bennett 17 voted for this as did every commissioner except for Reinhardt and he is very disappointed in the 18 Commissioners. 19 20 B. Reports of Staff 21 22 Community Development Director Ericson said he just came back from the National Planning 23 Conference and attended a number of very informative sessions discussing Code Enforcement 24 and Sign Code Regulations and other issues with home-based businesses. He then said that he 25 hopes to bring some ordinance amendments or programs and policies based on information he 26 received at the Conference. 27 28 City Administrator Ulrich noted that the Ramsey County League of Local Governments meets 29 this Thursday at Maplewood City Hall at 7:00 p.m. 30 31 C. Reports of City Attorney 32 33 None. 34 35 12. Next Council Work Session: Monday, May 7, 2007, at 7 p.m. 36 Next Council Meeting: Monday, May 14, 2007 at 7 p.m. 37 Mounds View City Council April 23, 2007 Regular Meeting Page 13 1 City Administrator Ulrich noted that the Street and Utility Task Force meets on Monday, May 7, 2 2007 at 5:30 p.m. 3 4 13. ADJOURNMENT 5 6 The meeting was adjourned at 9:03 p.m. 7 8 Transcribed by: 9 10 Joan Lenzmeier, Recording Secretary 11 TimeSaver Off Site Secretarial, Inc. 12