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HomeMy WebLinkAboutAgenda Packets - 2007/09/10CITY OF MOUNDS VIEW CITY COUNCIL MEETING AGENDA MOUNDS VIEW CITY HALL Monday, September 10, 2007 7:00 p.m. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Marty, Stigney, Flaherty, Hull, Mueller 4. APPROVAL OF AGENDA 5. PUBLIC INPUT: Citizens may speak to issues not on tonight’s agenda. Before speaking, please give your full name and address for the minutes. Also, please limit your comments to three minutes. 6. SPECIAL ORDER OF BUSINESS A. Presentation by the Bethlehem Baptist Church and Representatives from the SAIL and STAND Programs B. Xcel Energy Gas Main Proposal Update. 7. COUNCIL BUSINESS A. 7:05pm Public Hearing Second Reading and Adoption of Ordinance 799, an Ordinance Approving an Amendment to Chapter 12 of the Mounds View City Charter. (Roll Call Vote) B. 7:10pm Public Hearing for the Second Reading and Adoption of Ordinance 798, an Ordinance Amending Chapter 1113 of the Mounds View Zoning Code Related to Therapeutic Massage Businesses. (Roll Call Vote) C. Resolution 7147 Certification of the Proposed General Fund Budget and Property Tax Levy for Fiscal Year 2008. D. Resolution 7148 Establishing Public Hearing Dates for the Proposed General Fund Budget and Property Tax Levy for Fiscal Year 2008 E. Resolution 7149 Authorizing a Step Increase for Mary Springer, Mounds View Receptionist. 8. CONSENT AGENDA A. Licenses for Approval B. Resolution 7150 Century College Training Contract Approval. C. Resolution 7151 Approving Change Order No. 37 and Acceptance and Final Payment Approval for the City Hall Rehabilitation Project D. Resolution 7152 Authorizing the Advertisement for Hiring a Public Works Supervisor. E. Resolution 7153 a Resolution Appointing Jim Ericson as Interim City Administrator. F. Resolution 7154 a Resolution Approving Additional Compensation for Assistant to the City Administrator Desaree Crane. G. Resolution 7155 Appointing Mounds View Representatives to the Anoka County - Blaine Airport Joint Zoning Board H. Resolution 7156 Approving an Annual Service Agreement with Trane Building Services for City Hall HVAC Maintenance September 10, 2007 City Council Meeting Page 2 9. JUST AND CORRECT CLAIMS 10. APPROVAL OF MINUTES A. August 13, 2007, City Council Meeting Minutes. 11. REPORTS A. Reports of Mayor and Council B. Reports of Staff 1. Police Department Quarterly Report 2. City Administrator Report C. Reports of City Attorney 12. Next Council Work Session: Monday October 1, 2007 @7pm Next Council Meeting: Monday, September 24, 2007 @7pm CITY OF MOUNDS VIEW CITY COUNCIL MEETING AGENDA MOUNDS VIEW CITY HALL Monday, September 10, 2007 7:00 p.m. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Marty, Stigney, Flaherty, Hull, Mueller 4. APPROVAL OF AGENDA 5. PUBLIC INPUT: Citizens may speak to issues not on tonight’s agenda. Before speaking, please give your full name and address for the minutes. Also, please limit your comments to three minutes. 6. SPECIAL ORDER OF BUSINESS A. Presentation by the Bethlehem Baptist Church and Representatives from the SAIL and STAND Programs B. Xcel Energy Gas Main Proposal Update. 7. COUNCIL BUSINESS A. 7:05pm Public Hearing Second Reading and Adoption of Ordinance 799, an Ordinance Approving an Amendment to Chapter 12 of the Mounds View City Charter. (Roll Call Vote) B. 7:10pm Public Hearing for the Second Reading and Adoption of Ordinance 798, an Ordinance Amending Chapter 1113 of the Mounds View Zoning Code Related to Therapeutic Massage Businesses. (Roll Call Vote) C. Resolution 7147 Certification of the Proposed General Fund Budget and Property Tax Levy for Fiscal Year 2008. D. Resolution 7148 Establishing Public Hearing Dates for the Proposed General Fund Budget and Property Tax Levy for Fiscal Year 2008 E. Resolution 7149 Authorizing a Step Increase for Mary Springer, Mounds View Receptionist. 8. CONSENT AGENDA A. Licenses for Approval B. Resolution 7150 Century College Training Contract Approval. C. Resolution 7151 Approving Change Order No. 37 and Acceptance and Final Payment Approval for the City Hall Rehabilitation Project D. Resolution 7152 Authorizing the Advertisement for Hiring a Public Works Supervisor. E. Resolution 7153 a Resolution Appointing Jim Ericson as Interim City Administrator. F. Resolution 7154 a Resolution Approving Additional Compensation for Assistant to the City Administrator Desaree Crane. G. Resolution 7155 Appointing Mounds View Representatives to the Anoka County - Blaine Airport Joint Zoning Board H. Resolution 7156 Approving an Annual Service Agreement with Trane Building Services for City Hall HVAC Maintenance 9. JUST AND CORRECT CLAIMS 10. APPROVAL OF MINUTES A. August 13, 2007, City Council Meeting Minutes. 11. REPORTS A. Reports of Mayor and Council B. Reports of Staff 1. Police Department Quarterly Report 2. City Administrator Report C. Reports of City Attorney 12. Next Council Work Session: Monday October 1, 2007 @7pm Next Council Meeting: Monday, September 24, 2007 @7pm Item No: 6A Meeting Date: September 10, 2007 Type of Business: Special Order of Business Administrator Review: ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree M. Crane, Assistant to the City Administrator Item Title/Subject: Presentation by the Bethlehem Baptist Church and Representatives from the SAIL and STAND Programs As part of an agreement with the City in 2004, the Bethlehem Baptist Church agreed to an annual contribution in lieu of taxes (see attached report by Jim Ericson dated April 4, 2004). Bethlehem Baptist Church has conttirbuted toward activities that have benefited the residents of Mounds View. At the August 27, 2007, Bethlehem Baptist Church made a contribution to the City of Mounds View of $15,918 with a recommendation to support the following: 1. $6,632.50 to support STAND program and the SAIL program for students attending Edgewood Middle School; 2. $6,632.50 to the Mounds View Park and Recreation Department for ongoing park improvement projects; 3. Bethlehem Baptist Church additionally recommends that the second half donation of the 2007 “TIF Note Gift” of $2,653 be placed in the EDA Fund to be used for activities that continue to support the economic climate of the City of Mounds View; and While the City Council approved items 2 and 3 above, staff was given direction by the Mounds View City Council to invite representatives from the STAND and SAIL programs (along with the pastor from Bethlehem Baptist Church) to discuss and answer questions about these programs. The City Council postponed authorization for funding $6,632.50 to these programs until the City Council is able to ask questions and get additional information. Attached with this staff report is some information about the programs. Representatives from Bethlehem Baptist Church and the SAIL/STAND will be at the meeting to discuss the programs and answer any questions you may have. If the City Council is in agreement with the recommended support of the STAND and SAIL programs, this item will be brought back to the City Council on September 24th for adoption by resolution. Respectfully submitted, Desaree Crane Item No: 7A Meeting Date: September 10, 2007 Type of Business: CB Administrator Review: ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree M. Crane, Assistant to the City Administrator Item Title/Subject: Public Hearing for Second Reading and Adoption of Ordinance 799, an Ordinance Approving an Amendment to Chapter 12, Section 12.01 of the City Charter Attached is Ordinance 799, an Ordinance Amending Chapter 12, Section 12.01 of the Mounds View City Charter. The intent of the Charter Commission with this amendment is to clarify language in the City Charter relating to Official Publication. Consistent with state law, the ordinance would go into effect 90 days after unanimously being adopted by the City Council. The ordinance requires a public hearing, which will be scheduled for Monday, September 10, 2007 at 7:05pm. The first reading of this Ordinance was approved at the August 27, 2007, City Council Meeting. Recommendation: Staff recommends the City Council open the public hearing for public comment and approve Ordinance 799. This is a roll call vote. Respectfully submitted, Desaree Crane **City Councilmember Joe Flaherty has indicated to Staff that he will not be present at this City Council Meeting. All voting members must be present to vote in order for this Charter Amendment to move forward. This public hearing will need to be continued to the next City Council Meeting on September 24, 2007. Mounds View City Charter Chairperson is aware that this amendment will most likely be continued to the next City Council Meeting. ** ORDINANCE NO. 799 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING THE MOUNDS VIEW CITY CHARTER BY AMENDING SECTION 12.01 OF THE CITY CHARTER THE CITY OF MOUNDS VIEW DOES HEREBY ORDAIN: SECTION 1. The City Council of the City of Mounds View, pursuant to the recommendation of the City of Mounds View Charter Commission, has hereby determined that Section 12.01, of the City Charter be amended by the addition of the bold and underlined language and by the deletion of the bold and stricken language as follows: CHAPTER 12 MISCELLANEOUS AND TRANSITORY PROVISIONS Section 12.01. Official Publication. The Council shall annually designate a legal newspaper of general circulation in the City as its primary official newspaper, as well as an optional secondary newspaper, in which shall be published ordinances and , other matters required by law andor this Charter to be so published, as well as suchand any other matters as the Council may deem itis in the public interest to have published in this manner. SECTION 2. This ordinance shall take effect ninety days after the date of its publication. Read by the City Council of the City of Mounds View on this 27th day of August, 2007. Read and passed by the City Council of the City of Mounds View on this day of __________, 2007. __________________________________ Rob Marty, Mayor ATTEST: __________________________________ Kurt Ulrich, City Clerk-Administrator (SEAL) Item No: 7B Meeting Date: September 10, 2007 Type of Business: CB Administrator Review: ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Jim Ericson, Community Development Director Item Title/Subject: PUBLIC HEARING, Second Reading and Adoption of Ordinance 798, an Ordinance Amending the Zoning Code Related to Therapeutic Massage Business Background: In response to what was then viewed as a deficiency to the City Code, the City Council adopted Ordinance 583 on September 23, 1996 putting into place detailed regulations and requirements relating to the licensure and operation of therapeutic massage businesses. Six years later, staff reviewed the issue of appropriate zoning locations with the City Council on November 4, 2002, after realizing that the enabling ordinance did not identify a specific zoning district or districts within which such a business could be operated, or if the use would be permitted outright or require a conditional use. The Council agreed that such a change was warranted, however staffing turnovers would ultimately result in no action being taken on the issue. Without a request to spur Council action, the issue was not brought back for Council consideration until now. Discussion: Over the years, the City has received inquiries from individuals interested in opening a massage therapy business and from residents asking about massage therapy as a home occupation. It is however only recently that someone has decided to pursue such an enterprise and submit an application to the administration department. The leasing agent for Silver View Plaza contacted staff about a new massage therapy business that would like to locate in their facility and asked whether such a use would be permitted. The ONLY stipulation governing the location of such a business appears in the Massage Therapy City Code Section 514.10, Subd 2, which states the following: Zoning Compliance: A therapeutic massage enterprise may not be licensed if the location of such enterprise is not in conformance with Title 1100 of the Mounds View Municipal Code. The Zoning Code is silent on such uses. As a result, staff brought the issue forward to the Planning Commission in July of this year. The Commission felt that given the detailed and extensive licensing requirements already in place in Chapter 514 of the City Code, a conditional use permit would probably not be necessary, and the Commission further suggested that such a use, being sufficiently similar to a Chiropractor office or a health and beauty clinic, would be appropriate in commercial districts beginning with the B-2, Limited Business District (Silverview Plaza is zoned B-2.) Massage Therapy Report Sept 10, 2007 Page 2 The City Council considered the proposed code amendment on August 27, 2007, approving the first reading of Ordinance 798 as recommended by the Planning Commission and city staff. At that meeting, the City Council raised questions regarding the licensing requirements as outlined in Chapter 514. The City Attorney and staff will be reviewing this chapter in detail and will prepare a report with possible changes at a future worksession meeting. Recommendation: Based upon the identified deficiency in the Zoning Code relative to Licensed Therapeutic Massage businesses, staff and the Planning Commission recommend holding the scheduled public hearing and approving the second reading and adoption of Ordinance 798 which resolves said deficiency by identifying Licensed Therapeutic Massage business as a permitted use within the B-2 Limited Business Zoning District (Chapter 1113 of the Zoning Code.) Staff also seeks authorization from the Council to publish the attached summary of the ordinance as permitted by the City Charter. _____________________________________ James Ericson Community Development Director Attachments: 1. Summary 2. Ordinance 798 ORDINANCE SUMMARY ORDINANCE NO. 798 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVAL OF AN AMENDMENT TO CHAPTER 1113 OF THE MOUNDS VIEW ZONING CODE TO IDENTIFY LICENSED THERAPEUTIC MASSAGE AS A PERMITTED USE WITHIN THE B-2, LIMITED BUSINESS DISTRICT On September 10, 2007, the Mounds View City Council adopted an ordinance which identifies the zoning districts in which a licensed therapeutic massage business may be located. (The licensing requirements, adopted in 1996, did not identify such a district.) The ordinance identifies the B-2, Limited Business district, and subsequent business districts (B-3 and B-4) as appropriate districts for such licensed facilities. The ordinance is on file and available for public viewing at the office of the Clerk Administrator. The ordinance is posted in its entirety on the City’s website, located at www.ci.mounds-view.mn.us. Kurt Ulrich, City Clerk-Administrator ORDINANCE NO. 798 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVAL OF AN AMENDMENT TO CHAPTER 1113 OF THE MOUNDS VIEW ZONING CODE TO IDENTIFY LICENSED THERAPEUTIC MASSAGE AS A PERMITTED USE WITHIN THE B-2, LIMITED BUSINESS DISTRICT THE CITY OF MOUNDS VIEW DOES HEREBY ORDAIN: SECTION 1. The City Council of the City of Mounds View, pursuant to the recommendation of the City of Mounds View Planning Commission, has hereby determined that Chapter 1113 of the Mounds View Zoning Code be amended by alphabetically inserting a reference to “Therapeutic Massage” as follows: 1113.02: Permitted Uses: The following are permitted uses in a B-2 District: * * * Shoe repair Therapeutic Massage, as defined and regulated in Chapter 514 of the Municipal Code. Travel bureaus, transportation ticket offices SECTION 2. This ordinance takes effect 30 days after its publication in the official City newspaper. INTRODUCTION AND FIRST READING by the City Council of the City of Mounds View this 27th day of August, 2007. PUBLIC HEARING, SECOND READING AND ADOPTION by the City Council of the City of Mounds View this 10th day of September, 2007. _____________________________________ Rob Marty, Mayor ATTEST: _______________________________ Kurt Ulrich, City Administrator (seal) Item No: 07E Meeting Date: September 10, 2007 Type of Business: CB City Administrator Review: _____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Assistant to the City Administrator Item Title/Subject: Resolution 7149 Approving a Step Increase for Mary Springer, Mounds View Receptionist Background: Mary Springer is a current employee with the City of Mounds View. Her supervisor has reviewed her performance as it relates to their responsibilities outlined in the job description. Discussion: It was determined that Mary Springer has more than satisfactorily performed in the capacity of her position, and therefore, a step increase wage adjustment is consistent with the Mounds View Personnel Manual and the AFSCME Labor Agreement. Respectfully Submitted, Desaree Crane RESOLUTION 7149 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING STEP/LONGEVITY ADJUSTMENT WHEREAS, the following below is a regular full-time employee who is currently working for the City of Mounds View; and WHEREAS, her supervisor reviewed her performance as it relates to the responsibilities outlined in the job description; and WHEREAS, her supervisor determined that the following employee below has more than satisfactorily performed in the capacity of her position documented in her performance review on file. WHEREAS, a step increase wage adjustment is consistent with the Mounds View Personnel Manual and Labor Agreements. NOW, THEREFORE BE IT RESOLVED that the Mounds View City Council does hereby approve a wage adjustment to the following indicated in the chart below pending satisfactory completion of her 6 month probationary period. NAME CURRENT POSITION DATE OF EMPLOYMENT/CURRENT POSITION CURRENT STEP & WAGE STEP & WAGE ADJUSTMENT EFFECTIVE DATE OF ADJUSTMENT Mary Springer Receptionist September 20, 2006 Step 2: $14.43/hr Step 3: $15.28/hr September 20, 2007 Adopted this 10th day of September, 2007. __________________________________ Rob Marty, Mayor ATTEST: __________________________________ Kurt Ulrich, City Administrator (seal) Item No: 08A Meeting Date: September 10, 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. Condor Fireplace & Stone HVAC New White Bear Mechanical, Inc. HVAC Renewal Staff Recommendation: Approve license applications as requested. Item No: 8B Meeting Date: September 10, 2007 Type of Business: Consent Agenda Administrator Review: _____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Mike Sommer, Police Chief Item Title/Subject: Resolution No. 7150 Authorizing the Renewal of a Training Contract with Century College Date of Report: September 10, 2007 Background: Century College has provided police training courses to the Mounds View Police Department and numerous other police agencies in Minnesota and Wisconsin, since 1994. Century College provides nearly all POST required training, along with many other law enforcement related courses. Discussion: Agencies wishing to participate in this training option can select the number of training slots they would like to have available to their agency for any given course offering. Most courses are offered more than once during the year, so it is not necessary to purchase a slot for every officer on the department. The total cost to renew the contract for six training slots for this term is $2670.00. Recommendation: Staff recommends approval to renew the police department training contract with Century College for six (6) training slots at a total cost of $2670.00 for the contract period from September 1, 2007 through June 30, 2008. Respectfully Submitted, ___________________________ Mike Sommer Chief of Police RESOLUTION 7150 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA A RESOLUTION APPROVING THE RENEWAL OF A TRAINING CONTRACT WITH CENTURY COLLEGE FROM SEPTEMBER 1, 2007 THROUGH JUNE 30, 2008 WHEREAS, Century College has been providing the Mounds View Police Department with POST certified law enforcement training since 1994; WHEREAS, The current contract for training expired June 30, 2007; WHEREAS, Century College usually offers training courses more than once during the training year; WHEREAS, Century College charges $445.00 per reserved training slot for six or more reserved slots; WHEREAS, six training slots will be reserved for this contract period to contain the training cost within the police budget; NOW, THEREFORE, BE IT RESOLVED that the City Council for the City of Mounds View approves the renewal of a law enforcement training contract from September 1, 2007 through June 30, 2008 with Century College at a total cost of $2670.00 for that contract period. Adopted this 10th day of September 2007. Rob Marty, Mayor ATTEST: Kurt Ulrich, City Administrator (seal) Item No. 8D Meeting Date: September 10, 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 7152 Authorizing the Advertisement for the Public Works Supervisor Position Background: The Public Works Supervisor position has been vacant since December 15, 2006. As a cost saving measure, and as an opportunity to allow for professional growth within the Public Works Department, this position was not immediately filled. Discussion At this time, the Public Works Department has obtained its objective of providing an opportunity and allowing for professional growth within the department. All employees were afforded an opportunity to take on additional tasks and responsibilities if they so elected to do so. Many of the responsibilities of the Public Works Supervisor were delegated to administrative positions in within Public Works. However, the work load of all Public Works employees have been impacted. We have now reached a point whereby the level of service that historically the Public Works Department has been providing to the citizens of Mounds View, the City Council, the City business owners, Staff members, and other city customers has diminished. In recent years the City of Mounds View has developed goals that will directly influence the Public Works Department administrative capabilities. The top two goals are:  To improve the City’s street and utilities infrastructure  Implement the for County Highway 10 redevelopment / revitalization plan To implement these goals as currently planned, the Public Works Department will need to administrate 41.5 million dollars worth of public improvement projects over the next several years. That’s about 4 to 6 million dollars worth of public improvement projects each year. The Public Works Department will not be able to support these goals and their associated pubic improvement projects at our current staffing level. Filling the Public Works Supervisor position at this time will restore the historic staffing level the Public Works Department has had for many years – prior to the City implementing any public improvement projects. The job description of this position is proposed to be revised to include supervision duties over all divisions of public works including the parks division. The long range staffing plan for Public W orks is to have the Parks Supervisor position evolve into a lead worker or foreman position at some time in the future. In the meantime, the City would continue to retain both a Public Works and Parks Supervisor position. Recommendation: It is recommended that the City Council adopt the attached resolution granting authorization to advertise for the Public Works Supervisor Position. Respectfully Submitted, Greg Lee, Director of Public Works RESOLUTION 7152 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AUTHORIZING THE ADVERTISEMENT FOR THE PUBLIC WORKS SUPERVISOR POSITION WHEREAS, the Public Works Supervisor position has been vacant since December 15, 2006; and WHEREAS, many of the responsibilities of the Public Works Supervisor were delegated to administrative positions in within Public Works; and WHEREAS, in recent years the City of Mounds View has developed goals that will directly influence the Public Works Department administrative capabilities; and WHEREAS, the Public Works Department will not be able to support these goals and their associated pubic improvement projects at our current staffing level; and WHEREAS, filling the Public Works Supervisor position at this time will restore the historic staffing level the Public Works Department has had for many years. NOW, THEREFORE BE IT RESOLVED, THAT the Mounds View City Council does hereby grant authorization to advertise for the Public Works Supervisor position in the Public Works Department. NOW, THEREFORE BE IT FURTHER RESOLVED, THAT employment of an individual for this position may occur on a date no sooner than January 1, 2008. Adopted this 10th day of September 2007. (ATTEST) ____________________________________ Rob Marty, Mayor (SEAL) ____________________________________ Kurt Ulrich, City Administrator Item No: 08E Meeting Date: September 10, 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 7153, a Resolution Appointing Jim Ericson as Interim City Administrator Kurt Ulrich will resign as City Administrator effective September 13, 2007. At the September 4th Work Session, staff was given direction by the Mounds View City Council to appoint Jim Ericson as Interim City Administrator effective September 14, 2007. In addition to this interim appointment, there was also a consensus to compensate Mr. Ericson at 15% above his current rate of pay for these additional duties. This will remain effective until a new City Administrator is appointed. Recommendation: Staff recommends approving Resolution 7153, appointing Jim Ericson as Interim City Administrator and compensate Mr. Ericson at 15% above his current rate of pay until a new City Administrator is appointed. Respectfully submitted, Desaree Crane RESOLUTION NO. 7153 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA A RESOLUTION APPOINTING JIM ERICSON AS INTERIM CITY ADMINISTRATOR WHEREAS, City Administrator Kurt Ulrich has resigned effective September 13, 2007. NOW, THEREFORE BE IT RESOLVED THAT the Mounds View City Council names Jim Ericson as Interim City Administrator starting September 14, 2007 and continuing until a new City Administrator is appointed; NOW, THEREFORE BE IT FURTHER RESOLVED THAT Jim Ericson will be compensated at 115% of his current rate of pay for service performed during the interim effective September 14, 2007. Adopted this 10th day of September, 2007. Rob Marty, Mayor ATTEST: Kurt Ulrich, City Administrator (seal) Item No: 08F Meeting Date: September 10, 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 7154, a Resolution Approving Additional Compensation for Assistant to the City Administrator Kurt Ulrich will resign as City Administrator effective September 13, 2007. At the September 4th Work Session, staff was given direction by the Mounds View City Council to assign the Assistant to the City Administrator position additional duties to help assist the Interim City Administrator. There was also a consensus at this Work Session that the Assistant to the City Administrator be compensated at 10% above her current rate of pay for taking on these additional, higher classification duties. This will remain effective until a new City Administrator is appointed. Attached is Resolution 5626 (adopted in 2001), for your reference on the current policy on compensating employees working in higher classifications. Recommendation: Staff recommends approving Resolution 7154, approving additional compensation for the Assistant to the City Administrator position until a new City Administrator is appointed. Respectfully submitted, Desaree Crane Attachments: Resolution 5626, Policy for Compensating Employees Working in Higher Classifications (Exhibit A) RESOLUTION NO 5626 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A COMPENSATION POLICY FOR EMPLOYEES WORKING IN HIGHER CLASSIFICATION POSITIONS WHEREAS, the City will from time to time have vacancies in positions; and WHEREAS, the Department Head, with the approval of the City Administrator and the City Council, may select an appropriate employee to serve in an interim capacity to meet the needs of the vacant position; and WHEREAS, the Council wishes to compensate employees taking on higher classification duties. NOW, THEREFORE BE IT RESOLVED THAT the Mounds View City Council adopts the policy for compensating employees working in higher classification positions. Adopted this 8th day of October, 2001. ATTEST: Richard Sonterre, Mayor SEAL Kathleen Miller, City Administrator Motion by: Quick Second by: Marty Sonterre Aye Quick Aye Stigney Aye Marty Aye Thomas Aye (Exhibit A) City of Mounds View Policy for Compensating Employees Working in Higher Classification Positions 1. Compensation for working in a higher classification position may be provided to regular full- and part-time employees for the adequate performance of duties normally performed by an employee of higher classification. 2. The performance of higher classification duties must encompass at least 75% of the full range of responsibilities of the higher classification position for at least two consecutive months. 3. Designation and assumption of higher classification duties under this policy shall occur only after formal approval by the City Administrator and City Council. The City Administrator and City Council must also approve the percentage of time the employee will spend time performing duties of the higher classification position prior to the assumption of duties. 4. An employee’s performance will be evaluated by her/his department head every two months. Performance will be evaluated based on criteria outlined in the current performance evaluation form and the additional duties assigned. 5. An employee’s performance will determine whether an employee qualifies for compensation under this policy and, if so, compensation will be on a sliding scale ranging from 5% to 10% of the employee’s base wage. 6. Recommendations from department heads for compensation under this policy must be approved by the City Administrator and City Council. If awarded, compensation under this policy will apply to the percentage of time spent performing the duties of the higher classification position. 7. When the vacancy is filled or when the employee returns to her/his regular position, whichever occurs first, the employee’s salary will be readjusted to its previous level. 8. Benefit accrual rates (sick and vacation leave) will be adjusted when appointment to a higher classification position requires that regular part-time employees work at least three quarter time. Benefit accrual rates will be adjusted to normal levels once the vacancy is filled or when the employee returns to her/his regular hours, whichever occurs first. 9. Overtime and compensatory time accrued while performing duties of a higher classification position will be paid retroactively at the applicable rate at the end of each two-month period spent in the higher classification position. RESOLUTION NO. 7154 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA A Resolution Approving Additional Compensation for Assistant to the City Administrator WHEREAS, City Administrator Kurt Ulrich has resigned effective September 13, 2007; and WHEREAS, according to the policy adopted in Resolution 5626, an employee may serve in an interim capacity to meet the needs of the vacant position with the approval of the City Administrator and the City Council; and WHEREAS, Resolution 5626 establishes that additional compensation may be authorized for employees serving in an interim capacity taking on higher classification duties; and, WHEREAS, there was a consensus at the September 4, 2007, Work Session that the Assistant to the City Administrator be compensated at 10% above her current rate of pay for these additional, higher classification administrative duties; and WHEREAS, additional, higher classification responsibilities assigned to Desaree Crane will include supervision of the Receptionist and Cable TV Coordinator. NOW, THEREFORE BE IT RESOLVED THAT the Mounds View City Council does hereby authorize additional compensation to the Assistant to the City Administrator Desaree Crane at a rate of ten percent (10%) above her rate of pay effective September 14, 2007. Adopted this 10th day of September, 2007. Rob Marty, Mayor ATTEST: Kurt Ulrich, City Administrator (seal) Item No: 08G Meeting Date: September 10, 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 7155 Appointing Mounds View Representatives to the Anoka County – Blaine Airport Joint Zoning Board The Minnesota Department of Transportation (MnDOT), with the assistance of the Metropolitan Airports Commission (MAC), is creating an Anoka County – Blaine Airport Joint Zoning Board comprised of two (2) representatives from the following communities: Blaine, Spring Lake Park, Lexington, Circle Pines, Shoreview and Mounds View. MAC will have two (2) representatives and a neutral chair appointed in addition to these 14 members. The main goal of this zoning board is to establish an ordinance that defines zoning restrictions within the different MnDot state safety zones. The cities will then enforce the ordinance as part of the regular permitting and zoning process. According to MAC, the only impacts to the City of Mounds View relates to Zone C, which defines certain height restrictions (mostly for water towers and other excessively tall structures) and possibly some types of tower/antenna restrictions that may cause interference with navigation systems. Staff is requesting authorization to appoint Heidi Heller, Mounds View City Planner, and Gary Stevenson, Mounds View Planning Commission Chair to this joint zoning board. The other cities have named mayors, community development directors, planning commission members, and/or planners to the board. Recommendation: Staff recommends approval to appoint Heidi Heller (City Planner) and Gary Stevenson (Planning Commission Chair) to the Anoka County – Blaine Airport Joint Zoning Board. Respectfully submitted, Desaree Crane RESOLUTION NO. 7155 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA Appointing Mounds View Representatives to the Anoka County – Blaine Airport Joint Zoning Board WHEREAS, The Minnesota Department of Transportation (MnDOT), with the assistance of the Metropolitan Airports Commission (MAC), is creating an Anoka County – Blaine Airport Joint Zoning Board comprised of two (2) representatives from the following communities: Blaine, Spring Lake Park, Lexington, Circle Pines, Shoreview and Mounds View; and WHEREAS, MAC will have two (2) representatives and a neutral chair appointed in addition to these 14 members; and WHEREAS, the main goal of this zoning board is to establish an ordinance that defines zoning restrictions within the different MnDot state safety zones; and WHEREAS, staff recommends approval to appoint Heidi Heller (Mounds View City Planner) and Gary Stevenson (Mounds View Planning Commission Chair) to the Anoka County – Blaine Airport Joint Zoning Board. NOW, THEREFORE BE IT RESOLVED that the Mounds View City Council approves the appointment of Heidi Heller (Mounds View City Planner) and Gary Stevenson (Mounds View Planning Commission Chair) to the Anoka County – Blaine Airport Joint Zoning Board. Adopted this 10th day of September, 2007. Rob Marty, Mayor ATTEST: Kurt Ulrich, City Administrator (seal) Item No. 8H Meeting Date: September 10, 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: Jim Hess, Engineering/IS Technician Item Title/Subject: Resolution 7156 Approving an Annual Service Agreement with Trane Building Services for City Hall HVAC Maintenance Background: During the City Hall rehabilitation project, upgrades were made to the Heating, Ventilation and Air Conditioning systems (HVAC). Three roof top air handling units were replaced. Many new heating and air conditioning zones were added to the building incorporating Variable Air Volume (VAV) valves. To monitor and control all of the new features of the HVAC system a building automation system (BAS) was also installed. Before the rehabilitation to city hall no HVAC service agreement was in place. Service was performed when it was discovered that a system component had failed. Typically, only filter and belt replacement was performed by city maintenance staff. All other repairs and maintenance were performed by an outside source. Discussion: Due to the complexity of the new HVAC and BAS systems more preventative service is needed to maintain and verify that all systems and components are functioning properly. With an annual service agreement seasonal start up and shutdown procedures will be professionally performed. There are also other cost saving the City will realize by having the HVAC properly set and maintained for maximum performance and efficiency. In addition to start up, shut down, and maintenance, boiler tending is also required. Boiler tending is a requirement by the cities insurance company, the League of MN Cities Insurance Trust. Boiler tending involves the posting of a boiler license and monthly logs during the heating season. It should be noted that the Public Works Department has an employee who has volunteered to perform this duty and has the necessary operating engineer’s license to perform boiler tending. This is a cost savings of approximately $650.00 per year. Staff has solicited quotes for an annual service agreement to cover all HVAC systems in city hall. No boiler tending was included in the quotes. Staff received quotes from Trane Building Services and UHL Company, Inc. Lakes Air Heating and Cooling was also contacted and were interested, but have failed to submit a quote. The results of the quotes are as follows. Trane Building Services $2,318.00 for year 1, $2,412.00 for year 2 and $2,508.00 for year 3 UHL Company, Inc. $2,840.00 for year 1 Lakes Air Heating and Cooling No quote submitted Trane Building Services installed the current HVAC system at City Hall and is therefore very familiar with the components and design. The contract that was submitted by Trane Building Services is a three year contract. This contract has been forwarded to the City legal counsel for review. Recommendation: It is recommended that the City Council adopt a resolution approving the service agreement with Trane Building Services to provide annual HVAC maintenance services for city hall. Approval of the service agreement is recommended to be contingent upon review and approval by the city’s legal council. Respectfully submitted, ____________________ Jim Hess, Engineering/IS Technician RESOLUTION 7156 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING AN ANNUAL SERVICE AGREEMENT WITH TRANE BUILDING SERVICES FOR CITY HALL HVAC MAINTENANCE WHEREAS, during the City Hall rehabilitation project, upgrades were made to the Heating, Ventilation and Air Conditioning systems (HVAC); and WHEREAS, due to the complexity of the new systems more preventative service is needed to maintain and verify that all systems and components are functioning properly; and WHEREAS, with an annual HVAC system service agreement this system will be properly set and maintained for maximum performance and efficiency; and WHEREAS, the City has solicited quotes from three qualified companies and received two quotes; and WHEREAS, the low quote was received from Trane Building Services for a three year contract at $2,318.00 for year 1, $2,412.00 for year 2 and $2,508.00 for year 3; and WHEREAS, Trane Building Services installed the current HVAC system at City Hall and is therefore very familiar with the components and design. 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 Trane Building Services for the maintenance of the City Hall HVAC System 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 of three years. 4. Approval of said contract is contingent of the City’s legal counsel’s review and approval. Adopted this 10th day of September 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 August 13, 2007 6 Mounds View City Hall 7 2401 Highway 10, Mounds View, MN 55112 8 6:00 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, Mueller, and Marty (arrived at 6:27 p.m.) 16 17 NOT PRESENT: None. 18 19 4. APPROVAL OF AGENDA 20 21 A. Monday, August 13, 2007 City Council Agenda 22 23 MOTION/SECOND: Mueller/Hull. To Approve the Monday, August 13, 2007 City Council 24 Agenda as Amended. 25 26 Ayes – 4 Nays – 0 Motion carried. 27 28 Mayor Marty was not present for the vote. 29 30 5. PUBLIC INPUT 31 32 Dick Palmetier of 7639 Edgewood Drive addressed Council and said that he spoke with Mr. 33 Ericson regarding his concerns about the addresses of the Community Center, City Hall, 34 ballfields and ballfield watering. Mr. Palmetier indicated that between 7:30 p.m. and 8:30 p.m. it 35 was witnessed by him that the ballfield was being watered but it is on the west side of the road 36 and the question raised is why City Hall and the City of Mounds View would violate its own 37 watering regulations. 38 39 Mr. Palmetier commented that the Community Center and Ballfields have the greenest lawns on 40 the street and he thinks that the City should be setting a good example by not watering on the 41 wrong days. 42 43 Council Member Stigney indicated that the Resolution implementing the Tier II restrictions is 44 being discussed tonight. 45 Mounds View City Council August 13, 2007 Regular Meeting Page 2 1 Public Works Director Lee explained that there are two separate systems and they are set up to 2 operate on an odd even watering system. 3 4 David Jahnke of 8428 Eastwood Road addressed the Council and said that he wonders whether 5 all employees including the Police Department get free use of the exercise room. 6 7 Council Member Stigney indicated that he believes they can. 8 9 Community Development Director Ericson indicated that he would need to look into that. 10 11 6. SPECIAL ORDER OF BUISNESS 12 13 A. 2008 Budget Discussion 14 15 Finance Director Beer provided an overview of the draft budget for 2008 with a deficit of 16 $566,000 and he would like Council to go through each department to look at changes and 17 additions. 18 19 Acting Mayor Stigney said he would like to send the budget back to the departments to review 20 and make suggested amendments before it comes to the Council. 21 22 Finance Director Beer indicated that the $566,000 deficit is before any levy increase or any 23 transfers. 24 25 Council Member Mueller said that she feels the department heads know best where to trim or cut 26 the budget and she would like to have them review it. 27 28 Finance Director Beer indicated that any surplus from 2007 could be used to pay for 2008 29 expenses. 30 31 Council postponed this item to the end of the meeting. 32 33 7. COUNCIL BUSINESS 34 35 A. Public Hearing, Resolution 7128 for a Conditional Use Permit for an 36 Oversize Garage at 8290 Sunnyside Road 37 38 Acting Mayor Stigney opened the public hearing. 39 40 Community Development Director Ericson explained the requested Conditional Use Permit for 41 an oversize garage at 8290 Sunnyside Road. Director Ericson indicated that this is a unique 42 situation in that the garage is in front of the house and is a side loading garage eliminating the 43 ability to expand out the back of the garage. 44 45 Mounds View City Council August 13, 2007 Regular Meeting Page 3 Community Development Director Ericson pointed out that this public hearing needs to start at 1 7:05 and not before as that is the time it was noticed for. 2 3 B. Public Hearing, Resolution 7129 to Consider Preliminary Plat for the 4 Abiding Savior Major Subdivision of 8`84 Eastwood Road and 8211 Red 5 Oak Drive 6 7 Postponed to later in the meeting. 8 9 C. Resolution 7138, Appointing a Candidate to the Position of Cable Television 10 Coordinator 11 12 Assistant to the Administrator Crane explained that Council authorized Staff to being the hiring 13 process for a cable television coordinator as a full time position. Assistant Crane handed out a 14 revised Staff report to Council. Staff received 34 applications and 6 were interviewed by the 15 interview panel. All candidates were required to submit a videotape and the panel agreed upon 16 two candidates and, at 5:00 p.m. today, the Cable Committee met and made a recommendation 17 for Vanessa VanAlstine for the position. 18 19 Assistant Crane indicated that all background checks were completed and found to be positive. 20 21 MOTION/SECOND: Flaherty/Mueller. To Waive the Reading and Approve Resolution 7138, 22 Appointing a Candidate to the Position of Cable Television Coordinator. 23 24 Council Member Flaherty indicated that Ms. VanAlstine has impressive credentials and he is 25 assuming that this would be a considerable step backward in pay. Council Member Flaherty 26 explained that there is a deficiency in the City in this area and the City wants someone who will 27 be staying with the City for some time and not use this as a stepping stone. Council Member 28 Flaherty indicated that there have been issues with this position because the previous person felt 29 that the hours ended at 4:30 p.m. and that is not the case. 30 31 Ms. VanAlstine explained that she understands the hours will not only be during the day. Ms. 32 VanAlstine explained that she changed careers as educational television is what she wants to do 33 and that meant a career change and a step back in pay but it is a huge step forward for her in 34 terms of quality of life. 35 36 Council Member Mueller asked how the candidate would prioritize the tasks needed to be done. 37 38 Ms. VanAlstine said that she looks at what is urgent and what is important. Ms. VanAlstine 39 explained the number of projects that she is working on for Little Canada and how her ability to 40 multitask helps her do her job. 41 42 Council Member Mueller asked for information on a personally rewarding job for the candidate. 43 44 Mounds View City Council August 13, 2007 Regular Meeting Page 4 Ms. VanAlstine said that the Parks and Recreation Department asked her to video at least one of 1 each of the kids’ sports this summer and it has really been well received by the residents and a 2 very rewarding project. 3 4 Mayor Marty arrived at 6:27 p.m. 5 6 Council Member Hull said that he has some reservations with hiring due to the financial position 7 of the City. 8 9 Mayor Marty asked for input from the Cable Commissioners. Mayor Marty noted that this 10 position is paid for and funded entirely out of the Cable Franchise Fee. 11 12 Jerry Skelly of 7095 Knollwood Drive said that there is only one cable commissioner in the 13 audience and he is the Cable Committee Chairman. 14 15 Barbara Haake of 3024 County Road I asked the Council to hire Ms. VanAlstine. Ms. Haake 16 said that this candidate is very innovative and she thinks that Ms. VanAlstine will do an excellent 17 job for the City. 18 19 Council Member Stigney commented that the first thing that he wants to do is work on the 20 coloring on the video. Council Member Stigney said that it looks like Ms. VanAlstine is over 21 qualified and this does not make any sense to him to step down to a cable coordinator from a 22 masters degree in engineering. 23 24 Council Member Stigney indicated that he had asked for verification of credentials and he then 25 asked what the inductance in a series circuit formula is. He then asked for the basic power 26 formula. 27 28 Ms. VanAlstine said that it has been a very long time since she has used these formulas and then 29 said that power is I squared over R and provided a formula for inductance in a series circuit. 30 31 Council Member Stigney said that it seems to him that the candidate has limited electronics 32 knowledge, as the answer given was incorrect. Council Member Stigney said that he does not 33 support this, as he does not want this to be a full time position. 34 35 Assistant to the Administrator Crane said that Ms. VanAlstine provided transcripts for all of her 36 degrees including her high school diploma. 37 38 Council Member Mueller said that in today’s society, it is not uncommon for people to change 39 career paths. Council Member Mueller indicated that in 1998 she took a step down as a manager 40 ,in order to assume a very basic position to allow for more family time and free time, and to 41 allow her to enjoy what she was doing. 42 43 Council Member Mueller said that the Council agreed to post for this position. The position was 44 posted, the interviews done, and the Cable Committee made this recommendation for hiring so 45 Mounds View City Council August 13, 2007 Regular Meeting Page 5 she feels that the City should follow through with the commitment to bring this position to the 1 City. 2 3 Council Member Hull thanked the Cable Committee for the recommendation. 4 5 Mayor Marty indicated his degree is in psychology, but he did not go into psychology which may 6 have paid better, but he likes the flexibility of his current position. 7 8 Mayor Marty said that Mr. Ulrich had stated that due to the expertise of this candidate, the City 9 will be able to utilize this person for more of the duties that other City Staff has had to take over. 10 11 Mayor Marty indicated that Barb Haake had said that those involved in the interview process 12 were excited and pleased to recommend this candidate. 13 14 David Jahnke of 8428 Eastwood Road asked what is wrong with someone stepping up, and said 15 he is wondering why the Council would not want better for someone. Mr. Jahnke said that he 16 does not think it is even right for someone to ask if this is a stepping stone on a candidate’s 17 career path. 18 19 Ayes – 3 Nays – 2(Stigney/Hull) Motion carried. 20 21 Council Member Stigney said he hoped that Ms. VanAlstine would handle the color issues right 22 away. 23 24 Jerry Skelly of 7095 Knollwood Drive said that this candidate knows a lot of things and he feels 25 that if Council gets behind this candidate, the City is going to see some great programming. 26 27 D. Introduction and First Reading of Ordinance 794, an Ordinance Amending 28 Chapter 1009 of the Mounds View City Code Pertaining to Swimming Pool 29 Fences 30 31 Community Development Director Ericson explained that a petition was received by the City 32 asking the City to consider lowering the fencing requirement for pools to four feet rather than 33 five feet, as that really requires a six foot fence, as a five foot fence is not readily available at the 34 home improvement centers. Director Ericson explained that Staff used language from the Code 35 from the City of Blaine to make the proposed amendments to lower the fencing requirement to 36 four feet with all requirements for self latching and locking gates remains the same. 37 38 Council Member Flaherty said that he agrees with this recommendation, but questions what a 39 non-climbable fence is. 40 41 Director Ericson indicated that the word “non-climbable” appears in other Codes and suggested 42 that it is in there to eliminate the use of something like split rail fencing which can be climbed 43 like a ladder. Director Ericson indicated that chain link fence would be acceptable for a pool 44 fencing enclosure. 45 Mounds View City Council August 13, 2007 Regular Meeting Page 6 Council Member Mueller asked how the enforcement of the fencing requirement is handled. 1 2 Director Ericson explained the current procedures and said that the procedure would not be 3 changed with this amendment. 4 5 Director Ericson explained that the purpose behind the suggested amendment is to bring the 6 City’s Code in line with the State Building Code. 7 8 Mayor Marty asked whether the language regarding self-closing hinges and self-latching gates 9 was from State Code. Mayor Marty said that he received calls regarding when the change would 10 be effective and make pool enclosures legal. 11 12 Director Ericson stated self-closing hinges and self-latching gates is state code 13 14 MOTION/SECOND: Mueller/Flaherty. To Waive the Reading and Introduce Ordinance 794, an 15 Ordinance Amending Chapter 1009 of the Mounds View City Code Pertaining to Swimming 16 Pool Fences. 17 18 Council Member Stigney commented that he hears that you cannot buy five foot fences but you 19 can see them in the Menard’s ad, so that is not a valid reason. 20 21 Mayor Marty indicated that the reason for the change is to bring this into consistency with the 22 state building code. 23 24 Ayes – 5 Nays – 0 Motion carried. 25 26 E. Resolution 7136 Approving a Wetland Buffer Permit for the Clear Channel 27 Billboard on Sysco Outlot A 28 29 Community Development Director Ericson explained the requested wetland buffer permit by 30 Clear Channel. Rice Creek Watershed District has assessed where the wetlands are and the trail, 31 access road, and billboard will not impact the wetland. However, this billboard is within 100 feet 32 of the wetland, and that is what necessitates the wetland buffer permit. 33 34 Director Ericson explained where the billboard would be located. Director Ericson explained 35 that the City needs to determine that there will be no impact to the wetland with the development 36 proposed. Staff has looked at the proposed billboard and has determined that there should be no 37 impact to the wetland and Staff recommends approval. 38 39 Director Ericson read the conditions of the Resolution, if approved. 40 41 MOTION/SECOND: Stigney/Mueller. To Waive the Reading and Approve Resolution 7136, 42 Approving a Wetland Buffer Permit for the Clear Channel Billboard on Sysco Outlot A. 43 44 Mounds View City Council August 13, 2007 Regular Meeting Page 7 Council Member Flaherty said that one thing he likes about this is having Rice Creek watching 1 this for wetland erosion. 2 3 Ayes – 5 Nays – 0 Motion carried. 4 5 Council had to hear item 7A after 7:05 and that was done at this point in the meeting. 6 7 A. Public Hearing 8 9 Mayor Marty opened the public hearing at 7:07 p.m. 10 11 Planner Heller explained the requested Conditional Use Permit for an oversize garage at 8290 12 Sunnyside Road. Planner Heller explained that a variance is required due to the width of the 13 garage. Planner Heller explained that the garage is a side load garage that is only 14 feet from 14 the property line, so it would be impractical to expand to the rear of the garage. 15 16 Planner Heller reviewed this request in relation to the Comprehensive Plan, and said that both 17 Staff and the Planning Commission have agreed that this is in line with the Comprehensive Plan. 18 Planner Heller reviewed the remaining requirements and noted that the Planning Commission 19 and Staff recommend approval. 20 21 Hearing no public comments, Mayor Marty closed the public hearing at 7:10 p.m. 22 23 Council Member Flaherty said that his major question is whether the peak of the garage will be 24 the same height. 25 26 Tim Clemons, the Applicant, said that they plan on doing a bump up to get a little bigger garage 27 door to allow them to get the boat in easier. 28 29 Council Member Mueller asked whether he runs a business out of the home. 30 31 Mr. Clemons indicated that his business is down in South Minneapolis where he keeps most of 32 his trucks and equipment. 33 34 Mayor Marty indicated that he would like Staff to review the plans when they come in. 35 36 Mayor Marty indicated that this is a unique property and a unique situation. 37 38 MOTION/SECOND: Mueller/Hull. To Waive the Reading and Approve Resolution 7128, for a 39 Conditional Use Permit for an Oversize Garage at 8290 Sunnyside Road. 40 41 MOTION/SECOND: Flaherty/Marty. To Amend Resolution 7128, to Include a Review of the 42 Plans Before Issuing the Building Permit. 43 44 Ayes – 5 Nays – 0 Amendment carried. 45 Mounds View City Council August 13, 2007 Regular Meeting Page 8 1 Ayes – 5 Nays – 0 The Motion, as Amended carried. 2 3 B. Public Hearing, Resolution 7129 to Consider Preliminary Plat for the 4 Abiding Savior Major Subdivision of 8184 Eastwood Road and 8211 Red 5 Oak Drive 6 7 Mayor Marty opened the public hearing at 7:18 p.m. 8 9 Community Development Director Ericson explained the major subdivision request of Abiding 10 Savior Lutheran Church. The Church would like to split the home and 16,000 square feet from 11 the remaining property to allow the home to be sold and to add the remaining property to the 12 existing Church property. 13 14 Director Ericson explained that Staff has looked at all requirements for the creation of a new lot 15 and those are met with this request. Director Ericson indicated that Council will need to discuss 16 the park dedication fee. 17 18 Director Ericson explained that the drainage and utility easements have been reflected in the 19 proposed plat. Director Ericson indicated that there was a resident that asked about the 20 remaining utilities on the property. Xcel’s position is to not move the utility at this time, as there 21 is no development planned in that area for this time. 22 23 Director Ericson said that the Church may have in their plans, some type of senior housing, but 24 that has not been a part of this request. Any interest by the Church in doing so would require 25 further subdivision application. 26 27 Director Ericson indicated that the Planning Commission has reviewed this request and 28 recommends approval of the request. 29 30 Randy Heltzer of 8181 Eastwood Road, said that in the Comprehensive Plan, it says resident 31 amenities required shall be properly maintained, and he would like to know what that means. 32 Mr. Heltzer said that he has an email from Xcel stating that they will move the lines, and he 33 would like those lines moved since they were set in 1955. 34 35 Mr. Heltzer said that in the last two years he has dumped over $40,000 into his home, and by 36 removing that property he will lose $20,000. Mr. Heltzer said that Gary Cox, at the Planning 37 Commission, thanked them for the vote, and mentioned that they would be back, and that is why 38 he would like the utility situation taken care of. 39 40 Pete Sargent, with Abiding Savior Lutheran Church, addressed the Council, and said that at the 41 time a development is done the power lines would be moved, and that would be paid for by Xcel 42 and the developer. 43 44 Mounds View City Council August 13, 2007 Regular Meeting Page 9 Mr. Sargent encouraged Council to vote for this project, and noted that their request meets all 1 necessary Code requirements. Mr. Sargeant said that he remembers that the Church had to give 2 up the whole block on the north side in order to fund their church at one point in the past. 3 4 Mr. Sargent said that they feel that something is needed in Mounds View for senior housing. 5 6 Mr. Heltzer asked if the property along Arden was sold before or after the City denied the 7 vacation of Arden. 8 9 The Church representative was not sure. 10 11 Hearing no further public comments, Mayor Marty closed the public hearing at 7:36 p.m. 12 13 Mr. Heltzer said that the Church is going to sell the property for less than market price, and that 14 will impact other homes in the neighborhood. 15 16 Council Member Flaherty said that land values and home values are on the amount of land, home 17 value and condition of home, so he does not know how the subdivision of land near Mr. 18 Heltzer’s would affect his valuation. 19 20 Council Member Flaherty asked if there is a value to uniformity of lot sizes within the City. 21 22 Council Member Flaherty asked whether this is strictly a monetary move for the Church. 23 24 Mr. Sergent said that it was never their intention to keep the house, and the Church needs to sell 25 it off. 26 27 Helen Kuntz of 7325 Pleasantview Drive said that she has been a member of Abiding Savior 28 since 1955, and the goal is to keep the area nice, and there is no ulterior motive of trying to 29 destroy anyone’s home or value. 30 31 Mayor Marty said that one thing in the Staff report was a question on park dedication. At the 32 present time, it is not creating any higher density so he does not feel 10% is justified. 33 34 Mayor Marty said that Option 1 would be $40,403.00 and that seems to be somewhat high due to 35 the fact that this is acquiring more property. Option 2, dedication on the Eastwood Road 36 property, is more in line at $5,970 and that would be his recommendation. 37 38 Mayor Marty asked whether going from a taxable property to Church property would give the 39 City a reduction in taxes. 40 41 Director Ericson explained that the Church is a tax exempt entity, but the value is still on the 42 property. 43 44 Finance Director Beer estimated the loss of City tax at less than $1,000. 45 Mounds View City Council August 13, 2007 Regular Meeting Page 10 1 Mayor Marty said that future development may not occur on the site, but he would support 2 moving the lines to the easement or increase the easement to encompass the power lines. 3 4 Director Ericson explained that the City does not usually take easements for private utilities, but 5 the City could take more easement and then the Xcel lines would be in the City’s easement. 6 7 Mr. Sargent said that it makes sense to move the lines, but they would like to just do that once to 8 save the Church money. 9 10 Mr. Sargent said that park dedication fees are usually assessed because there is pressure or 11 additional use for the parks, but in this case, nothing will be happening, so he would propose 12 putting the park dedication with any future development. 13 14 Mr. Heltzer said that he would like his utility issue cleared up, as the Church is the subdivider of 15 the property. 16 17 Council Member Flaherty asked why the power line bothers Mr. Heltzer. 18 19 Mr. Heltzer said that the Church obviously intends to move forward with other plans, and he 20 would like this dealt with now. 21 22 Mayor Marty commented that in order to subdivide, there has been a park dedication fee 23 required, as the City is pretty well built out, and park dedication is harder to come by. Mayor 24 Marty explained that the park dedication funds really help out with the parks and allow the City 25 to be able to do things for the parks without asking the residents to pay additional taxes to 26 support the parks. 27 28 Mr. Sargent suggested that they will be getting attorneys involved with this situation. Mr. 29 Sargent said that the Church has gone with the City suggestion, and this process has been taking 30 a very long time. Mr. Sargent said that there are those that need and want to sell the property to 31 make money for the Church, and are not as willing to keep this out of litigation. 32 33 Mayor Marty asked whether the comments regarding attorneys were meant as a veiled threat. 34 35 Mr. Sargent indicated that there is a real possibility that attorneys will be involved if this matter 36 does not get resolved. 37 38 Mayor Marty informed Mr. Sargent, and the Church, that he does not appreciate being threatened 39 in any way. 40 41 Director Ericson said that last year, the Minnesota Legislature adopted new rules regarding park 42 dedication fees, and there is a clause in the Code that indicates that any subdivider of land 43 assessed a park dedication fee, may challenge the fee, and the fee would be put into escrow and a 44 judge will review the details and make a decision. 45 Mounds View City Council August 13, 2007 Regular Meeting Page 11 1 David Jahnke said that it would be unfair for the Church not to pay a park dedication fee when 2 the City requires the fee of all other subdividers of land. 3 4 Mr. Heltzer asked if the City determines that the Church can sell the house to get money. 5 6 Council Member Mueller asked when the Church bought the property. 7 8 A Church representative said that it was purchased approximately two years ago. 9 10 Council Member Mueller asked whether taxes have been paid on it over that time. 11 12 Council Member Mueller said that if the Church owns the property, and changes the registration 13 with the County, the property is tax exempt. So subdividing this property will move the parcel 14 with the home back onto the tax roll for future years. 15 16 Council Member Mueller suggested a letter on file on the easement situation. 17 18 Mayor Marty said he would like the City Attorney to review that suggestion to determine the 19 weight or enforceability of such a letter. 20 21 Mr. Sargent said that they agree to work with the homeowner to make sure that the utility 22 situation gets taken care of. 23 24 Mayor Marty said that he is considering postponing this to the next meeting to allow time to look 25 into expanding the easement area to include the utilities, and to talk with the City Attorney on a 26 letter on the utilities, and how much weight that would have. 27 28 Mr. Heltzer said that he has been told by the Church, that their senior living project is going 29 through no matter what he thinks about it. 30 31 Mayor Marty asked Mr. Heltzer and the Church to consider discussing this in an attempt to work 32 something out. 33 34 Council Member Stigney commented that, if the Church needs to do this for money purposes, it 35 would seem to him that the entire lot would be worth more. 36 37 Council Member Stigney said that it will be difficult to get Council and residents to agree to 38 rezone that lot to anything other than an R1 designation. 39 40 Council Member Stigney said that he would like the Church to work with Mr. Heltzer in an 41 attempt to negotiate on the utilities. 42 43 Mounds View City Council August 13, 2007 Regular Meeting Page 12 Mayor Marty agreed, and said that he has heard opposition from the community to the proposed 1 plan for a senior living facility in this area, despite the fact that the City does need this type of 2 facility. 3 4 MOTION/SECOND: Marty/Stigney. To Postpone to August 27, 2007. 5 6 Council Member Mueller said that she is not sure if there is a hidden agenda or anything behind 7 this. Council Member Mueller said that she does not see an issue with what is being presented to 8 Council as a subdivision for this property. 9 10 Ayes – 5 Nays – 0 Motion carried. 11 12 F. Resolution 7137, Resolution Authorizing the Mounds View Police 13 Department to Enter into a Grant Agreement with the Minnesota 14 Department of Public Safety, Office of Traffic Safety for the Sale and Sober 15 Project from October 1, 2007 to September 30, 2008 16 17 Chief Sommer explained that this is a renewal of the grant agreement that shares in payment for 18 additional enforcement time. 19 20 MOTION/SECOND: Mueller/Flaherty. To Waive the Reading and Approve Resolution 7137, 21 Resolution Authorizing the Mounds View Police Department to Enter into a Grant 22 23 Ayes – 5 Nays – 0 Motion carried. 24 25 G. Introduction and First Reading of Ordinance 796, an Ordinance 26 Implementing a Franchise Fee on Center Point Energy Natural Gas 27 Operations within the City of Mounds View for the Year 2008 28 29 Finance Director Beer explained that the Franchise Fee Ordinance sunsets in December every 30 year and, if so desired, Council must approve a new Ordinance each year. 31 32 MOTION/SECOND: Marty/Mueller. To Waive the Reading and Introduce Ordinance 796, an 33 Ordinance Implementing a Franchise Fee on Center Point Energy Natural Gas Operations Within 34 the City of Mounds View for the Year 2008. 35 36 Council Member Flaherty asked Staff to explain where the fees go. 37 38 Finance Director Beer indicated that 50% of the franchise fees go toward street improvements 39 and 50% are used for paying for services in the general fund. 40 41 Ayes – 5 Nays – 0 Motion carried. 42 43 Mounds View City Council August 13, 2007 Regular Meeting Page 13 H. Introduction and First Reading of Ordinance 797, an Ordinance 1 Implementing a Franchise Fee on Xcel Energy Electric and Natural Gas 2 Operations within the City of Mounds View for the Year 2008 3 4 MOTION/SECOND: Mueller/Stigney. To Waive the Reading and Introduce Ordinance 797, an 5 Ordinance Implementing a Franchise Fee on Xcel Energy Electric and Natural Gas Operations 6 within the City of Mounds View for the Year 2008. 7 8 9 Ayes – 5 Nays – 0 Motion carried 10 11 I. Resolution 7139, Authorizing a Step Increase for Dave Olsen, Part 12 Time Cable TV Technician; Mark Beer, Finance Director; and 13 Officer Nicholas Erickson, Mounds View Police Department. 14 15 Community Development Director Ericson read Resolution 7139 as amended. 16 17 MOTION/SECOND: Mueller/Hull. To Approve Resolution 7139, Authorizing a Step Increase 18 for Dave Olsen, Mark Beer, and Officer Nicholas Erickson. 19 20 Council Member Stigney indicated that he does have an issue with one of the people on the list 21 as he is not sure that his performance has been exemplary. 22 23 Ayes – 5 Nays – 0 Motion carried. 24 25 J. Introduction and First Reading of Ordinance 795, an Ordinance Amending 26 Chapter 1001, Building Code 27 28 Community Development Director Ericson reviewed the proposed changes to be made to the 29 Building Code to bring the City consistent with the State Building Code. 30 31 MOTION/SECOND: Flaherty/Mueller. To Waive the Reading and Introduce Ordinance 795, an 32 Ordinance Amending Chapter 1001, Building Code. 33 34 Council Member Mueller said that she likes the way that the changes are presented as they are 35 easy for Council to understand. 36 37 Ayes – 5 Nays – 0 Motion carried. 38 39 K. Resolution 7135, Setting an Interest Rate and Administrative Fee for 40 Special Assessments Certified During 2007 41 42 Finance Director Beer explained to Council that this Resolution would set the interest rate to 43 match the market rate. 44 45 Mounds View City Council August 13, 2007 Regular Meeting Page 14 MOTION/SECOND: Mueller/Stigney. To Waive the Reading and Approve Resolution 7135, 1 Setting an Interest Rate and Administrative Fee for Special Assessments Certified During 2007. 2 3 Ayes – 5 Nays – 0 Motion carried. 4 5 Council Member Stigney asked to handle item N at this point in the meeting to accommodate a 6 resident that had waited for the matter to be heard. Council agreed. 7 8 N. Resolution 7142, Implementing Tier II Water Sprinkling and Irrigation 9 Regulations 10 11 Public Works Director Lee reviewed information with Council concerning the need to implement 12 the Tier II Water Sprinkling and Irrigation Regulations. Well Number 6 has been reviewed and it 13 is set for rehabilitation for this fall and, as part of that, Staff will look at extending that well 14 deeper into the aquifer and that may require a new pump. 15 16 Dick Palmetier of 7639 Edgewood Drive indicated that certain language of the exclusions came 17 into play when he was discussing this matter with Staff. Mr. Palmetier explained that the 18 residents’ perception of the addressing of the City Parks and properties and when they are being 19 watered creates issues. Mr. Palmetier indicated that the City of Mounds View is on sand and that 20 takes a lot of water to keep grass alive on. Mr. Palmetier indicated that he would recommend 21 review of the exclusions, because he feels that washing a car takes more water than watering the 22 lawn. Mr. Palmetier asked if residents could put in a private well. 23 24 Public Works Director Lee indicated that the Department of Public Health would need to 25 approve a permit for a private well. Director Lee indicated that the City uses City Water and not 26 a private well for irrigating its properties. 27 28 Council Member Mueller asked how the City is going to supply adequate water to the Medtronic 29 location if there are issues with the water. 30 31 Public Works Director Lee clarified that there are no water issues, but the City is pumping at 32 capacity. Director Lee indicated that the City does have the capacity to accommodate Medtronic. 33 34 Council Member Flaherty said that the City has been following the City Code with its water 35 usage as ballfields are exempt. 36 37 Mayor Marty noted that the only former City property that had a private well was the golf course. 38 39 Council Member Stigney suggested changing the Code for Tier II to do limited watering at the 40 parks. Council Member Stigney said that he would like to restrict filling of large swimming 41 pools not little rubber kiddie pools. 42 43 Mounds View City Council August 13, 2007 Regular Meeting Page 15 Council Member Stigney said that he does not think that the City’s parks should look as lush and 1 green as a golf course during drought times, so he would like to see more restriction than just odd 2 and even. 3 4 Public Works Director Lee indicated that having foot traffic on stressed grass can really damage 5 it. Director Lee explained that the grass needs to be healthy to handle the Festival in the Park. 6 7 Mayor Marty questioned how this will be communicated to the residents so that they are aware of 8 the restrictions. 9 10 Staff has purchased signs to inform residents of what the watering restrictions are, along with 11 publishing it in the newspaper, on the website, and on the electronic message board. 12 13 Mr. Palmetier commented that the taxpayers are paying for watering the parks, and would like to 14 keep their own lawns green also. 15 16 Public Works Director noted that Well 2 was constructed in 1961, and the pump does not have 17 cooling for the motor, so water is used to cool the motor and then pumped out. Director Lee said 18 that there is a hose with a sprinkler in that area to utilize the water that is used to cool the motor 19 of the pump. 20 21 MOTION/SECOND: Hull/Flaherty. To Waive the Reading and Approve Resolution 7142, 22 Implementing Tier II Water Sprinkling and Irrigation Regulations. 23 24 Ayes – 5 Nays – 0 Motion carried. 25 26 Community Development Director Ericson explained that there have been two requests to waive 27 the fee for the rental of the Community Center for the Holmes Family and for a child at 28 Pinewood Elementary. The City Administrator’s recommendation is to establish a policy on 29 rental of the City’s facility for this type of matter. 30 31 Council agreed to waive the rental fees for these causes. 32 33 Council Member Mueller asked for more information on the fundraiser as the plans move 34 forward. 35 36 L. Resolution 7140, a Resolution Authorizing the Preparation of an Updated 37 Preliminary Feasibility Report for the 2008 Street and Utility Improvement 38 Project 39 40 Public Works Director Lee explained that there is a very short time schedule for this project. 41 Director Lee explained the process and what criteria were used for determining the 2008 Street 42 and Utility Improvement Project. 43 44 Council Member Flaherty asked what the 2007 Feasibility concentrated on. 45 Mounds View City Council August 13, 2007 Regular Meeting Page 16 1 Public Works Director Lee explained that it focused on Areas A, B and E. Director Lee 2 indicated that there will only need to be a minor update to some areas of the feasibility report. 3 4 Council Member Flaherty indicated that he would like an idea of what the feasibility study will 5 cost the City. 6 7 Council Member Stigney agreed, and said he would like to get a ballpark idea of what this would 8 cost. Council Member Stigney said that there were no recommendations as of yet, and no 9 information on the financing. 10 11 Council Member Stigney indicated that the residents have not been asked to buy into the project 12 as of yet, so that concerns him. 13 14 Council Member Mueller asked whether Public Works would feel comfortable updating the 15 feasibility study. 16 17 Public Works Director Lee indicated that Staff cannot do it, as there are water gardens being 18 added, and earth work to create them and those items are beyond the realm of the public works 19 responsibilities. 20 21 Mayor Marty noted that he got out to some of the neighborhoods on National Night Out and he 22 does not see having a problem with the proposed plan as residents seemed to be interested in 23 having streets improved. 24 25 Mayor Marty would like to approve this with a condition that this comes back to Council with 26 information on costs. 27 28 Public Works Director Lee indicated that this is a new and different situation, as there are 29 rain 29 gardens proposed for this project. 30 31 MOTION/SECOND: Marty/Flaherty. To Waive the Reading and Approve Resolution 7140, 32 Authorizing the Preparation of an Updated Preliminary Feasibility Report for the 2008 Street and 33 Utility Improvement Project as Amended to Require that Staff Bring Back Information on 34 Feasibility Study Costs. 35 36 Council Member Mueller said that she is disappointed that the $200,000 feasibility report from 37 last year is not of more assistance for this year. 38 39 Council Member Stigney suggested a friendly amendment to amend the Resolution based on the 40 current tentative recommendations, and in Item 2 with the current tentative recommendations. 41 42 The Motion and Second accepted the friendly amendment. 43 44 Mounds View City Council August 13, 2007 Regular Meeting Page 17 Council Member Stigney indicated that he would like to know when a list of tentative 1 recommendations would be available. 2 3 Public Works Director Lee indicated he would have Staff provide a brief summary. 4 5 Brian Amundsen of 3048 Wooddale Drive addressed Council, and said that he had to drive over 6 to the meeting because the feasibility report cost $200,000 for four miles of road. Mr. Amundsen 7 said that some rain gardens were included last year, and he does not understand why the City 8 would have a feasibility report and pay for that, when it was not ready to be built. Mr. 9 Aamundson said that he wants the project done, but it frustrates him that the Council is being 10 asked to pay for a preliminary feasibility before costs are known. 11 12 Mr. Amundsen said that he has serious concerns about the consultant being used. Mr. Amundson 13 asked the Council to not approve any more work from this consultant until there is a better idea 14 what work will be done, and what that work would cost. 15 16 Mayor Marty said that the concern he has, is that if Council does not move on this tonight, it may 17 mean going another year without a street project. 18 19 Council Member Flaherty asked how much consultant time would be used between this meeting 20 and the next. 21 22 Public Works Director Lee indicated that Staff could ask the consultants not to expend any time 23 other than what is required for sending out the resident notices. 24 25 Public Works Director Lee explained that the City is required to do a feasibility report, and it 26 usually costs around 15% of the total project costs. 27 28 Council Member Flaherty commented that the City Charter and State Statute say that the 29 feasibility study is required. 30 31 Council Member Mueller said that she thinks it would be better to hold off on the Feasibility 32 Study until Council knows that residents will support the project. 33 34 Public Works Director Lee indicated that would mean that there would not be a project until 35 2009. 36 37 Public Works Director Lee explained that there have been other consultants in the past and, the 38 reason that this consultant has this type of feasibility report with these costs, is because the 39 Council and the residents require it. 40 41 Ayes – 4 Nays – 1(Mueller) Motion carried. 42 43 M. Resolution 7141, Approving a Contract with DNR Construction 44 Services Incorporated for Door Replacement at Treatment Plant No. 1 45 Mounds View City Council August 13, 2007 Regular Meeting Page 18 1 Public Works Director Lee explained that Staff recommends approval of the contract to replace 2 the doors at Treatment Plant No. 1 to put a stainless steel door in the chlorine room, and a 3 galvanized door in the sulfur dioxide room, in order to eliminate corrosion issues the City has 4 seen with the existing doors. 5 6 MOTION/SECOND: Mueller/Hull. To Waive the Reading and Approve Resolution 7141, 7 Approving a Contract with DNR Construction Services Incorporated for Door Replacement at 8 Treatment Plant No. 1. 9 10 Ayes – 4 Nays – 0 Motion carried. 11 12 Council Member Stigney was not present for the vote. 13 14 8. CONSENT AGENDA 15 16 A. Item Deleted 17 B. Resolution 7115, Approving an Amusement Devices and Centers Business 18 License for Premier Game Company, Doing Business at the Mermaid, 2200 19 County Road 10 20 C. Resolution 7130, Renumbering Incorrectly Numbered Resolutions 8002, 21 8003, 8004 and 8005 to Resolutions 7131, 7132, 7133, and 7134, Respectively 22 D. Set a Public Hearing for August 27, 2007 at 7:05 p.m. for the Second Reading 23 and Adoption of Ordinance 796, an Ordinance Implementing a Franchise 24 Fee on Center Point Energy Natural Gas Operations within the City of 25 Mounds View for the Year 2008 26 E. Set a Public Hearing for August 27, 2007 at 7:10 p.m. for the Second Reading 27 and Adoption of Ordinance 797, an Ordinance Implementing a Franchise 28 Fee on Xcel Energy Electric and Natural Gas Operations within the City of 29 Mounds View for the Year 2008 30 31 Council Member Mueller requested that Items B and C be removed for discussion. 32 33 MOTION/SECOND: Hull/Mueller. To Approve Consent Agenda Items D and E as Presented. 34 35 Ayes – 5 Nays – 0 Motion carried. 36 37 B. Resolution 7115, Approving an Amusement Devices and Center 38 Business License for Premier Game Company, Doing Business at the 39 Mermaid, 2200 County Road 10 40 41 Council Member Mueller said that she wanted to make sure that the business requesting this 42 approval is up to date on all fees owing to the City, because there was some concern about the 43 business being for sale. 44 45 Mounds View City Council August 13, 2007 Regular Meeting Page 19 Finance Director Beer indicated that, as far as he knows, this is Premier Game Company’s only 1 dealings with the City of Mounds View. 2 3 MOTION/SECOND: Mueller/Flaherty. To Waive the Reading and Approve Resolution 7115, 4 Approving an Amusement Devices and Center Business License for Premier Game Company 5 6 Ayes – 5 Nays – 0 Motion carried. 7 8 C. Resolution 7130, Renumbering Incorrectly Numbered Resolutions 9 8002, 8003, 8004 and 8005 to Resolutions 7131, 7132, 7133, and 7134, 10 Respectively 11 12 Council Member Mueller asked if the City knows how this happened. 13 14 Community Development Director Ericson indicated there was a type of glitch in the program 15 that caused numbering issues, but the program has been fixed. 16 17 MOTION/SECOND: Mueller/Stigney. To Waive the Reading and Approve Resolution 7130, 18 Renumbering Incorrectly Numbered Resolutions 8002, 8003, 8004 and 8005 to Resolutions 19 7131, 7132, 7133, and 7134, Respectively. 20 21 Ayes – 5 Nays – 0 Motion carried. 22 23 9. JUST AND CORRECT CLAIMS 24 25 Council Member Flaherty asked for clarification on the Cathy Smith permit refund. 26 27 Community Development Director Ericson explained that the resident applied for a refund for a 28 building permit previously requested, as her plans changed and she submitted for a different 29 permit. 30 31 Council Member Flaherty asked if this is the final City Hall rehabilitation invoice. 32 33 Finance Director Beer indicated that this would be partial payment. 34 35 Public Works Director Lee indicated that the City is retaining $5,000 due to an issue with 36 insulating the pipes. 37 38 Council Member Flaherty asked about the Clean Response charge for $593.78. He then asked 39 what happened. 40 41 Public Works Director Lee indicate that there was a sewer backup at that location, as a contractor 42 hit the sanitary sewer line and caused it to back up. Director Lee explained that the City will be 43 marking all utilities when there is work to be done near them to avoid issues like this in the 44 future. 45 Mounds View City Council August 13, 2007 Regular Meeting Page 20 1 Council Member Stigney asked what kind of repair was done by Boyer Ford. 2 3 Public Works Director Lee explained that the transmission went out on one of the trucks and had 4 to be replaced. 5 6 Council Member Mueller asked about recycling cans for $823.00. 7 8 Finance Director Beer explained that there were some other charges on the invoice but the charge 9 was also for office recycling containers. 10 11 Council Member Stigney asked what Switch, Cleaner is. 12 Public Works Director Lee indicated that he thinks that it was for the switch, and one was for the 13 cleaner, but both are on the invoice. Director Lee will look into it and report back. 14 15 Council Member Stigney asked about Hewlett Packard for computer equipment. 16 17 Finance Director Beer indicated that was for four desktop computers as part of the replacement 18 schedule. 19 20 Council Member Stigney suggested adding replacement of computers to a list to consider cutting 21 back as part of the budgeting process. 22 23 Council Member Flaherty asked if Medtronic is reimbursing the City on the fireworks. 24 25 Finance Director Beer indicated that Medtronic is reimbursing the City for the fireworks. 26 27 MOTION/SECOND: Mueller/Hull. To Approve Just and Correct Claims as Presented. 28 29 Ayes – 5 Nays – 0 Motion carried. 30 31 10. APPROVAL OF MINUTES 32 33 A. July 9, 2007 and July 23, 2007 Council Minutes will be Approved at the 34 Next Council Meeting 35 36 11. REPORTS 37 38 A. Reports of Mayor and Council 39 40 Mayor Marty noted that he attended two funerals last week for two Mounds View residents Pat 41 Holmes and Paul Eicksted, and the thoughts and prayers of Council and the City go out to the 42 families. 43 44 Mayor Marty indicated that Festival in the Park is August 19, 2007. 45 Mounds View City Council August 13, 2007 Regular Meeting Page 21 1 Council Member Mueller said that there is a schedule of events for the Festival in the Park on the 2 City’s website. She then reviewed the schedule of events for Council. 3 4 Council Member Mueller thanked Medtronic for providing the fireworks for the Festival. 5 6 B. Reports of Staff 7 8 Community Development Director Ericson explained that there has been a City wide ban on 9 recreational fires adopted due to the drought conditions. Staff will notify residents in all manners 10 available including posting at City Hall, reader board, cable channel, and the website. 11 12 Community Development Director Ericson explained that there are some things to discuss 13 regarding the liquor license facilities. Director Ericson explained that Moes is not complying 14 with the Resolution approving its liquor license due to failure to replace a kitchen hood, as 15 approval was contingent upon satisfactory review by the Fire Marshall. There is a substantial 16 cost in replacing this hood. However, the owner of Moe’s has not provided an estimated date for 17 replacement. Staff recommends red tagging the kitchen hood, as that would cause an impact, but 18 not as large of an impact as would revoking the liquor license. 19 20 Mayor Marty suggested directing them to replace it before the next City Council meeting or the 21 Council would consider revoking the liquor license. 22 23 Council Member Flaherty asked whether the City has any funds to loan to assist the business 24 owner with getting this hood replaced. 25 26 Staff will look into what options may be available. 27 28 Council Member Stigney asked what determines a delinquency with taxes, and noted that the 29 Mermaid does not have delinquent taxes listed, but they have only made a partial payment. 30 31 Finance Director Beer indicated that the County taxes are considered current year taxes, and they 32 assess a fee and interest, but they are not considered delinquent by the County until the year goes 33 by. 34 35 Community Development Director Ericson explained that the Mermaid has not fully paid the 36 first half taxes for this year. But, with Roberts, that goes back three years, and Staff is looking 37 for direction from Council as to how to proceed with the liquor license revocation. 38 39 Council Member Mueller indicated that Council was assured that compliance checks were 40 finalized when the approval was before Council. 41 42 Community Development Director Ericson explained that Staff sent out a letter to the 43 Department of Revenue and did not get any response, so Staff has changed the procedure to 44 require checking online and with the County. 45 Mounds View City Council August 13, 2007 Regular Meeting Page 22 1 Council Member Mueller indicated that she would like Staff to check to see if the Mermaid is on 2 a payment plan to bring the taxes current. Council Member Mueller asked Staff to contact the 3 owner to inform them of the delinquency of the taxes, and tell them that this jeopardizes their 4 liquor license. 5 6 Staff will add suspension of the liquor license for Roberts to the next Council Agenda and 7 contact the other license holders as directed by Council. 8 9 Community Development Director Ericson indicated that there are two interviews scheduled next 10 week for the Economic Development Specialist position. 11 12 Council agreed to start at 6:00 p.m. on August 27, 2007 to allow time for budget discussions. 13 14 Council asked Staff to have department heads look into ways to make cuts to the budget prior to 15 the next Council Meeting. 16 17 Finance Director Beer said that the City has not considered any levy increase or a transfer from 18 the levy reduction fund at this time. 19 20 C. Reports of City Attorney 21 22 None. 23 24 12. Next Council Work Session: Tuesday, September 4, 2007, at 7:00 p.m. 25 Next Council Meeting: Monday, August 27, 2007 at 6:00 p.m. 26 27 13. ADJOURNMENT 28 29 The meeting was adjourned at 11:00 p.m. 30 31 Transcribed by: 32 33 34 Joan Lenzmeier, Recording Clerk 35 TimeSaver Off Site Secretarial, Inc. 36