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HomeMy WebLinkAboutAgenda Packets - 2007/10/08 CITY OF MOUNDS VIEW CITY COUNCIL MEETING AGENDA MOUNDS VIEW CITY HALL Monday, October 8, 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 7. COUNCIL BUSINESS A. 7:05 Public Hearing to receive Public Input and pass upon Resolution 7166 Adopting a Special Assessment Levy for Delinquent Public Utility Accounts B. 7:10 Public Hearing to receive Public Input and pass upon Resolution 7167 Adopting a Special Assessment Levy for Diseased Tree Removals C. 7:15 Public Hearing to receive Public Input and pass upon Resolution 7168 Adopting a Special Assessment Levy for Charges Abating a Nuisance Condition D. 7:20 Public Hearing to receive Public Input and pass upon Resolution 7169 Adopting a Special Assessment Levy for the Hidden Hollow South Utility and Street Improvement Project E. Resolution 7171, Step Increase for Brett Brisbois, Mounds View Public Works Employee. F. Resolution 7173, Approving a Candidate for the Economic Development Specialist Position. 8. CONSENT AGENDA A. Licenses for Approval B. Resolution 7170 Approving Reapportionment of Assessments for Scotland Green Apartments C. Resolution 7172 Authorizing Execution of Consent Letter for T-Mobile Equipment Addition 9. JUST AND CORRECT CLAIMS 10. APPROVAL OF MINUTES A. August 27, 2007 City Council Minutes. B. September 10, 2007 City Council Minutes. C. September 24, 2007 Executive Session Minutes 11. REPORTS A. Reports of Mayor and Council B. Reports of Staff (1) Xcel Energy Gas Main Permit Update (2) 2009/2010 Street Project – authorize data collection? / raingarden program development? (verbal report) (3) Street and Utility Improvement Program Proposal – announce upcoming meetings (verbal report) C. Reports of City Attorney 12. Next Council Work Session: Monday, November 5, 2007 at 7pm Next Council Meeting: Monday, October 22, 2007 at 7pm CITY OF MOUNDS VIEW CITY COUNCIL MEETING AGENDA MOUNDS VIEW CITY HALL Monday, October 8, 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 7. COUNCIL BUSINESS A. 7:05 Public Hearing to receive Public Input and pass upon Resolution 7166 Adopting a Special Assessment Levy for Delinquent Public Utility Accounts B. 7:10 Public Hearing to receive Public Input and pass upon Resolution 7167 Adopting a Special Assessment Levy for Diseased Tree Removals C. 7:15 Public Hearing to receive Public Input and pass upon Resolution 7168 Adopting a Special Assessment Levy for Charges Abating a Nuisance Condition D. 7:20 Public Hearing to receive Public Input and pass upon Resolution 7169 Adopting a Special Assessment Levy for the Hidden Hollow South Utility and Street Improvement Project E. Resolution 7171, Step Increase for Brett Brisbois, Mounds View Public Works Employee. F. Resolution 7173, Approving a Candidate for the Economic Development Specialist Position. 8. CONSENT AGENDA A. Licenses for Approval B. Resolution 7170 Approving Reapportionment of Assessments for Scotland Green Apartments C. Resolution 7172 Authorizing Execution of Consent Letter for T-Mobile Equipment Addition 9. JUST AND CORRECT CLAIMS 10. APPROVAL OF MINUTES A. August 27, 2007 City Council Minutes. B. September 10, 2007 City Council Minutes. C. September 24, 2007 Executive Session Minutes 11. REPORTS A. Reports of Mayor and Council B. Reports of Staff (1) Xcel Energy Gas Main Permit Update (2) 2009/2010 Street Project – authorize data collection? / raingarden program development? (verbal report) (3) Street and Utility Improvement Program Proposal – announce upcoming meetings (verbal report) C. Reports of City Attorney 12. Next Council Work Session: Monday, November 5, 2007 at 7pm Next Council Meeting: Monday, October 22, 2007 at 7pm 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 7171 Approving a Step Increase for Brett Brisbois, Public Works Background: Brett Brisbois is a current employee with the City of Mounds View. His supervisor has reviewed his performance as it relates to his responsibilities outlined in the job description. Discussion: It was determined that Brett Brisbois has more than satisfactorily performed in the capacity of his position, and therefore, a step increase wage adjustment is consistent with the Mounds View Personnel Manual and the Public Works Collective Bargaining Unit contract. Respectfully Submitted, Desaree Crane RESOLUTION 7171 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, his supervisor reviewed his performance as it relates to the responsibilities outlined in the job description; and WHEREAS, his supervisor determined that the following employee below has more than satisfactorily performed in the capacity of his position documented in his 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. NAME CURRENT POSITION DATE OF EMPLOYMENT/CURRENT POSITION CURRENT STEP & WAGE STEP & WAGE ADJUSTMENT EFFECTIVE DATE OF ADJUSTMENT Brett Brisbois Public Works Maintenance October 11, 2006 Level A: $20.42/hr Level B: $21.56/hr Oct 11, 2007 Adopted this 8th day of October, 2007. __________________________________ Rob Marty, Mayor ATTEST: __________________________________ Jim Ericson, Interim City Administrator (seal) Item No. 7F Type of Business: Council Business Meeting Date: October 8, 2007 Administrator Review: _____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Jim Ericson, Interim City Administrator Item Title/Subject: Resolution 7173 Appointing an Economic Development Specialist Background Former Economic Development Coordinator Aaron Backman resigned from his position in May of this year. On May 14, 2007, the City Council approved Resolution 7082, authorizing the advertisement to fill the Economic Development Coordinator position. Discussion Staff published the job opportunity in the Star Tribune, the Pioneer Press, the League of MN Cities website, our own website and online at the Economic Development Association of Minnesota. Six individuals were interviewed originally and staff extended an offer of employment to a candidate who would ultimately turn it down. Staff determined that no other candidates met our employment expectations thus the position was re-advertised with a slight revision to the posting to include the full range rather than just the starting salary. Staff interviewed two individuals on August 20th from the second pool of candidates. At this same time, former City Administrator Ulrich submitted his letter of resignation, which prompted staff to put the hiring process on hold pending further review of all positions in the community development and administration departments. Various scenarios were explored that could involve a restructuring of positions and responsibilities, but it was ultimately determined that it would not be feasible to combine the economic development position with another job. Staff contacted both interviewees to ensure they remained interested in the position despite the six week delay. The top candidate, Heidi Steinmetz, presently is employed by the City of Elk River as their Assistant Director of Economic Development. She has been employed with Elk River since September of 2001 and was interested in the Mounds View position because of the challenging redevelopment opportunities on County Road 10 and elsewhere within the community. Ms. Steinmetz is familiar with the City having grown up in the area and living less than six miles from City Hall. She is eager to build on our existing assets and to promote and further the Council’s economic goals and community vision. EDS Hire Report Oct 8, 2007 Page 2 Ms. Steinmetz has a broad base of economic development experience and is a skilled communicator. She has coordinated marketing activity for the City of Elk River and will bring these needed skills with her to Mounds View if hired. Due to Ms. Steinmetz’ extensive experience and present salary with the City of Elk River, staff feels it would be justified to compensate Ms. Steinmetz at Step 5 of the position’s wage scale, which would equate to $28.06 per hour. All other provisions of the personnel manual would apply as applicable. Staff reviewed the position, Ms. Steinmetz’ qualifications and salary expectations with the Human Resources Committee on October 1, 2007. After some discussion on the matter, the Committee expressed agreement with the recommended starting wage. It is anticipated that Ms. Steinmetz would begin employment on or after October 22, 2007. Recommendation Approve Resolution 7173 appointing Heidi Steinmetz to the position of Economic Development Specialist. Respectfully Submitted, ____________________________ James Ericson Interim City Administrator RESOLUTION NO. 7173 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION HIRING HEIDI STEINMETZ AS THE CITY OF MOUNDS VIEW ECONOMIC DEVELOPMENT SPECIALIST WHEREAS, the Mounds View City Council has given direction to hire for the vacant Economic Development specialist position; and WHEREAS, the position was advertised and the City received approximately 15 applications; and WHEREAS, Heidi Steinmetz is qualified for the position and would begin employment with the City on or after October 22, 2007; and WHEREAS, in consideration and recognition of her extensive experience, Ms. Steinmetz would start at step five ($28.06 per hour) of the applicable pay scale. All other personnel policies will apply per the City’s personnel manual, and NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does hereby approve Resolution 7173 hiring Ms. Heidi Steinmetz as the City of Mounds View Economic Development Specialist with an effective start date on or after October 22, 2007. Adopted this 8th day of October, 2007. ___________________________ Rob Marty, Mayor ATTEST: _________________________________ James Ericson, Interim City Administrator (seal) Item No: 08A Meeting Date: October 8, 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. D.W. Fence Co. Fence Installation New Professional Ground Maintenance, Inc. Excavating New R & M Concrete Works Masonry/Concrete New Staff Recommendation: Approve license applications as requested. These Minutes reflect changes made by Interim City Administrator Jim Ericson, Mayor Marty and City Council Members Mueller and Stigney. Minutes Revised as of October 8, 2007 @952am PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1 CITY OF MOUNDS VIEW 2 RAMSEY COUNTY, MINNESOTA 3 4 Regular Meeting 5 August 27, 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 16 17 NOT PRESENT: None. 18 19 4. APPROVAL OF AGENDA 20 21 A. Monday, August 27, 2007 City Council Agenda 22 23 MOTION/SECOND: Mueller/Hull. To Approve the Monday, August 27, 2007 City Council 24 Agenda as Presented. 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 Mayor Marty arrived at this point in the meeting. 33 34 William Werner of 2765 Sherwood Road addressed Council regarding the Finance Division of 35 the Streets Task Force. Mr. Werner said that there is an alternate plan put out by the Finance 36 Director that would not require assessments. Mr. Werner said that he would like to see the City 37 use the tax reduction fund for the streets and not increase taxes to pay for them. Mr. Werner said 38 that using the tax reduction fund to lower his taxes saves him $35.00 per year whereas using the 39 fund to pay for streets would save him $100.00. 40 41 Mr. Werner said that he is concerned regarding the question on the city website of whether to 42 have a swimming pool at the community center. He then said that a swimming pool is not 43 something he wants to pay for. 44 45 Mounds View City Council August 27, 2007 Regular Meeting Page 2 City Administrator Ulrich indicated that Staff is rotating questions and survey requests on the 1 website as a way to receive public input. Staff will replace the swimming pool question. 2 3 David Jahnke of 8428 Eastwood Road said that he would really like to have Council look at all 4 the options before making a decision. 5 6 City Administrator Ulrich said that the Task Force recommendation would not preclude using the 7 tax reduction fund. However, the recommendation as it stands now is for a levy increase. The 8 recommendation would preclude the direct assessments to the property owners. 9 10 Mayor Marty explained that the Council has considered assessments for the previous project 11 which was defeated by petition.. 12 13 Kim Moulzolf of 2241 Buckingham Lane addressed Council and said that she is at her wits end 14 regarding problems at Townsedge Terrace. Ms. Moulzolf indicated that Mr. Anderson came out 15 and inspected pipes that were broken on the outside of the trailer and said it was the 16 responsibility of the park owner. She had to hire a plumber to fix it and he said that the risers are 17 leaking and she can not get anyone at the park to fix the pipes. 18 19 Community Development Director Ericson said that he would work with Ms. Moulzolf and the 20 park owner to see what can be done. 21 22 6. SPECIAL ORDER OF BUISNESS 23 24 A. 2008 Budget Discussion 25 26 Finance Director Beer explained that Staff was asked to review the budget for any possible 27 reductions. Staff has done that and has reduced the imbalance to $474,000. 28 29 Council Member Flaherty said that something needs to be in to the County by September 15, 30 2007 and this Council has not received an official recommendation from the Task Force on the 31 street project. 32 33 Council Member Flaherty suggested considering financing for years two through 11 rather than 34 one through 10 as there is a time shortage. Council Member Flaherty suggested funding the first 35 year through existing City funds and then levying for years two through 11. 36 37 City Administrator Ulrich clarified that the suggestion is to defer the levy to 2008 but continue 38 with the project. 39 40 Finance Director Beer explained that the City would not run short of funds for the street project 41 until the end of the project and that is why the amounts were stretched out over time rather than 42 hit taxpayers with all of it at the end of the project. 43 44 Mounds View City Council August 27, 2007 Regular Meeting Page 3 Council Member Mueller indicated that she feels it would be irresponsible not to really look at 1 the budget to see where things can be cut. 2 3 Council Member Stigney indicated that he feels that this will mean that the special levy for the 4 streets continues indefinitely and that is why he wants to review this and look at different ways to 5 fund the street project. Council Member Stigney indicated that he would like whatever the 6 suggestion ends up being to be put on a ballot for the voters. 7 8 Council went through the budget page by page and discussed the items. There was discussion 9 regarding the costs for the upcoming presidential election. Council discussed transfers of debt 10 and asked for clarification. 11 12 Finance Director Beer explained that as capital items are eliminated there is a resulting transfer. 13 14 Mayor Marty asked about revenues for housing inspections. 15 16 Finance Director Beer indicated that the only change to revenues was an addition of $15,000 for 17 the billboard revenues. 18 19 Mayor Marty said that housing inspections went up $50.00. 20 21 Finance Director Beer indicated that he is not sure what specifically goes into that account. 22 23 Community Development Director Ericson said that if there is a housing inspection situation, 24 where Staff has to make repeat trips out to the home, then there is a fee that is charged to the 25 property owner. 26 27 Council Member Mueller asked where the engineering firm expenditures are listed. 28 29 Finance Director Beer indicated that the engineering firm fees could be in several locations and 30 listed them for Council. 31 32 Mayor Marty asked why workers compensation went down. 33 34 Finance Director Beer indicated that costs have gone down. 35 36 Mayor Marty indicated he would like to reduce the Festivities Fund. Council agreed. Council 37 cut the fund in half. 38 39 Council Member Flaherty indicated there have been considerable increases in personnel services 40 in the elections account and he is wondering why. 41 42 Finance Director Beer indicated that he used the figures from 2006. The increases look rather 43 large when you look at an off election year. 44 45 Mounds View City Council August 27, 2007 Regular Meeting Page 4 Mayor Marty questioned overtime salaries and part time, and asked whether this much is needed. 1 Mayor Marty would like to reduce that amount. 2 3 Council eliminated other professional services of $1,000. 4 5 Mayor Marty asked whether mileage could be reduced to $700.00. 6 7 City Administrator Ulrich indicated that his mileage has averaged approximately $600.00, and 8 with the addition of other staff in the department he would suggest that it be reduced to no less 9 than $800.00. 10 11 MOTION/SECOND: Mueller/Stigney. To Table the Budget Discussion Until After the Regular 12 Council Business Provided it Does Not Go Past 10:00 p.m. 13 14 Ayes – 5 Nays – 0 Motion carried. 15 16 Council Member Stigney said that the City Administrator has not gone through the budget for 17 further reductions but will do so for the work session. 18 19 20 B. Presentation to the Ralph R. Reeder Food Shelf from the Festival in the Park 21 Car and Tractor Show 22 23 Council Member Mueller indicated that $150.00 was raised for the Food Shelf at the Festival in 24 the Park Car and Tractor Show. Council Member Mueller presented the $150.00 to Lisa Baker, 25 the Ralph Reader Food Shelf representative. 26 27 7. COUNCIL BUSINESS 28 29 A. Public Hearing, Second Reading and Adoption of Ordinance 796 30 CenterPoint Franchise Fee Authorization 31 32 Mayor Marty opened the public hearing. 33 34 Hearing no public comments, Mayor Marty closed the public hearing. 35 36 MOTION/SECOND: Flaherty/Mueller. To Waive the Reading and Approve Ordinance 796, 37 Adopting a Franchise Fee and on Centerpoint EnergyApproving the ordinance Summary. 38 39 ROLL CALL: Marty/Stigney/Flaherty/Hull/Mueller 40 41 Ayes – 5 Nays – 0 Motion carried. 42 43 B. Public Hearing, Second Reading and Adoption of Ordinance 797, 44 Xcel Franchise Fee Authorization 45 Mounds View City Council August 27, 2007 Regular Meeting Page 5 1 Finance Director Beer explained that there have been no changes since the First Reading was 2 heard. 3 4 Mayor Marty opened the public hearing. 5 6 Bill Doty of 3049 Bronson Drive asked how much money is taken in by the franchise fee with 7 Xcel. 8 9 Finance Director Beer indicated that the amount is approximately $550,000 annually. 10 11 Mr. Doty said that this is one thing that he wishes was eliminated with the first Charter. Mr. 12 Doty said that this is an added tax on the resident. 13 14 Hearing no further public comment, Mayor Marty closed the public hearing. 15 16 MOTION/SECOND: Mueller/Stigney. To Waive the Reading and Adopt Ordinance 797, 17 Adopting a Franchise Fee on Xcel. 18 19 ROLL CALL: Marty/Stigney/Flaherty/Hull/Mueller 20 21 Ayes – 5 Nays – 0 Motion carried. 22 23 C. Resolution 7143, Suspension of On Sale Liquor License for Roberts Sports 24 Bar and Entertainment 25 26 Assistant Administrator Crane provided information on delinquent taxes for Roberts Sports Bar 27 and noted that they no longer have liquor liability insurance both of which are grounds for 28 revocation of a liquor license. 29 30 Mayor Marty opened the public hearing. 31 32 Attorney Riggs noted, for the record, that the Staff report and his letter outline the findings of 33 fact to establish the grounds for suspension. Attorney Riggs recommended suspension of the 34 license in order to allow them the ability to come into compliance and allow them the 35 opportunity to sell the business. 36 37 Hearing no public comments, Mayor Marty closed the public hearing. 38 39 Council Member Mueller asked Staff to explain how the delinquent taxes were found and why it 40 was not known in previous years. 41 42 Assistant Crane said that she sends a letter to the Department of Revenue as part of the renewal 43 process, but she did not get any information or a letter from them regarding delinquent taxes. 44 Mounds View City Council August 27, 2007 Regular Meeting Page 6 Assistant Crane noted that Staff now has access to delinquent tax information on line and that is 1 how this was found. 2 3 MOTION/SECOND: Mueller/Hull. To Waive the Reading and Approve Resolution 7143, 4 Approving a Liquor License Suspension for Roberts Sports Bar and Entertainment. 5 6 Council Member Mueller said that the loss of this business is a loss to the community. 7 8 Mayor Marty agreed. 9 10 D. Resolution 7129, Consider a Preliminary Plat for the Abiding Savior Major 11 Subdivision of 8184 Eastwood Road and 8211 Red Oak Drive 12 13 Community Development Director Ericson explained the major subdivision request noting that 14 this is really a realignment of the lot line and not the creation of new lots. Director Ericson 15 indicated that there are two lots presently, and the Church has requested a subdivision taking the 16 back 2/3 of the property and adjoining it to the rest of the Church property. 17 18 Director Ericson explained that the setback and easement issues are resolved on the plat. 19 Director Ericson indicated that Staff worked with the City Attorney and Xcel Energy regarding 20 platting an easement for the overhead utility lines and Staff has determined that the easements on 21 the plat are sufficient for the City for utility easements, and Xcel feels there is a prescriptive 22 easement due to the length of time the lines have been in that location. 23 24 Director Ericson provided options for Council consideration for the park dedication fee. 25 26 Director Ericson explained that the Planning Commission recommended approval unanimously. 27 Director Ericson indicated that if the Church does plan to move forward with any senior housing 28 development, that would need to go before the City for several actions, including Comprehensive 29 Plan Amendment and a rezoning before that would be allowed to move forward. 30 31 Pete Sargent, from Abiding Savior Lutheran Church, asked the Council to vote favorably on their 32 lot split, as this has taken almost a year to get accomplished. 33 34 Ken Fletcher of 8330 Sunnyside Road addressed the Council, indicating said that he has lived in 35 Mounds View for 30 years, and has been a member of at Abiding Savior for 30 years. Mr. 36 Fletcher said that he opposes this lot split and purchase, and he does not believe that this project 37 was God inspired. Mr. Fletcher said that he does not believe that they have any business putting 38 this development in his back yard. Mr. Fletcher suggested they sell the property as they got it, 39 and not to develop in his backyard. 40 41 Mr. Fletcher said that they are here asking for permission, and they should be asking for 42 forgiveness. Mr. Fletcher read a letter from the church noting the home is not sellable until the 43 lot is subdivided. The letter went on to state that the plan is to sell the extra property to a 44 developer for a senior housing development. 45 Mounds View City Council August 27, 2007 Regular Meeting Page 7 1 Randy Heltzer, 8180 Eastwood Road, said that he discussed this matter with the Church last 2 week and said he was looking for satisfaction that nothing would be done in the next five years 3 with that property. Mr. Heltzer asked to have Council require that the utilities be handled as part 4 of this approval because they will come up through the front to the pole and that is not what he 5 wants to have done. 6 7 Jim Sikorski of 8340 Sunnyside Road appeared before Council and said that his message is that 8 this subdivision is nothing more than a pretense to make the land big enough to be able to create 9 a subdivision for senior housing. Mr. Sikorski asked that Council reject this proposal. 10 11 Mr. Sargent said that the Church may come back at a future date for a housing project or a tennis 12 court or nothing at all. Mr. Sargent said that churches do acquire property from time to time to 13 increase values and there are some that would like to see senior housing and that will encourage 14 them. Mr. Sargent indicated that whatever their future plans are, would need approval of Council 15 in accordance with City requirements. 16 17 Mayor Marty indicated that there are uses that would require approval of the City, but the tennis 18 court and open space would not. Mayor Marty said that he has talked with several people from 19 the Church and told them that the plan for senior housing does not fit the City’s Comprehensive 20 Plan. Mayor Marty said that when this was first introduced to the City and the Planning 21 Commission, this was a minor subdivision but, due to the amount of acreage involved, it was 22 determined to be a major subdivision. Mayor Marty clarified that the delay on this is not the 23 fault of the City. 24 25 Council Member Flaherty said that he had asked the Church and Mr. Heltzer to discuss the 26 matter, and he appreciates that they have done so. Council Member Flaherty indicated that he 27 has not heard a compelling reason to deny this request. Council Member Flaherty said that he 28 does not feel it would be appropriate to waive a park dedication fee, so he would recommend 29 Option 4 for $3,974.00. 30 31 Council Member Mueller said that she has discussed this with members of the congregation and 32 attempted to contact Mr. Heltzer. Council Member Mueller said that this request is separate 33 from any future requests. 34 35 MOTION/SECOND: Mueller/Flaherty. To Waive the Reading and Approve Resolution 7129, 36 Consider a Preliminary Plat for the Abiding Savior Major Subdivision of 8184 Eastwood Road 37 and 8211 Red Oak Drive, With Park Dedication Fee of $3,974.00. 38 39 Council Member Stigney asked whether there is any legal right to deny this or any legal right to 40 require that the utilities be moved. 41 42 Attorney Riggs indicated that there are no findings to suggest a right to deny. As to the 43 movement of the utilities, that is subject to what Xcel wants to do. 44 45 Mounds View City Council August 27, 2007 Regular Meeting Page 8 Council Member Stigney asked whether the letter of agreement between Mr. Heltzer and the 1 Church can be added as a condition. 2 3 Attorney Riggs explained that the letter could become a condition. 4 5 Mr. Heltzer said that if this comes back for further subdivision, then there is a different property 6 owner involved, and he is concerned about how his utilities will be handled and who is 7 responsible to obtain the easements. 8 9 Mr. Heltzer indicated that he does not agree to that letter at all. 10 11 Attorney Riggs indicated that if this subdivision does not require moving utilities, then this 12 would not be necessary. He then said that there could be a condition that any further subdivision 13 requires moving the utilizes, and that cost is to be born by the developer but, at this time, that is 14 premature as there is no request for further subdivision. 15 16 Council Member Mueller said she is concerned about adding the letter because it may seem that 17 the City is going along with any plans for future development and that is not the case. 18 19 MOTION/SECOND: Stigney/Marty. To Amend Resolution 7129 to Raise the Park Dedication 20 Fee to Option 3 at 10% for $8,655.00. 21 22 Council Member Stigney said that this is a major subdivision whether or not they are a Church 23 and he feels that $8,655.00 is a fair amount. 24 25 Council Member Flaherty indicated he went with the Staff recommendation and the reasons are 26 that this subdivision has no impact on the City’s park system. 27 28 Council Member Stigney said that he feels that the park dedication fee should be applied to the 29 subdivided parcel. 30 31 Mayor Marty agreed and said that he feels that the park dedication fee should apply to the .80 32 subdivided acreage. 33 34 Ayes – 2(Marty/Stigney) Nays – 3 Amendment failed. 35 36 Mayor Marty said that there are views on both sides of this issue. However, the decision before 37 this Council is a major subdivision that meets the City’s requirements. 38 39 Council Member Stigney indicated that he agreed, but said it does not sway his mind on the park 40 dedication fee so he cannot support this. 41 42 Ayes – 4 Nays – 1(Stigney) Motion carried. 43 44 Mounds View City Council August 27, 2007 Regular Meeting Page 9 E. Resolution 7144, Twin Cities North Chamber of Commerce Revised Lease 1 Agreement 2 3 City Administrator Ulrich reviewed the proposed lease amendments for Council noting that the 4 Chamber no longer has charitable gambling, and has asked that their lease amount be reduced. 5 6 MOTION/SECOND: Mueller/Hull. To Waive the Reading and Approve Resolution 7144, Twin 7 Cities North Chamber of Commerce Revised Lease Agreement. 8 9 Council Member Stigney indicated that the City needs to look at getting financial income from 10 the space rather than just turning it over to the YMCA as part of the Community Center. 11 12 Council Member Mueller indicated that this may help out with renting space to someone who 13 needs a larger space, making one that was not available previously available now. 14 15 Council Member Stigney expressed concern with the potential for open costs in the agreement 16 under what the Landlord will provide. 17 18 Council Member Stigney indicated he would like to have them pay for at least half of the costs to 19 make improvements. 20 21 MOTION/SECOND: Stigney/Mueller . Amendment To Eliminate Exhibit B. 22 23 Ayes – 5 Nays – 0 Amendment Carried. 24 Vote on Resolution 7144: 25 Ayes – 5 Nays – 0 Motion carried. 26 27 F. First Reading and Introduction of Ordinance 799 to Clarify Language 28 Relating to Official Publication 29 30 Assistant Crane reviewed the proposed Ordinance amending the Charter. 31 32 Mayor Marty opened the public hearing. 33 34 Hearing no public comment, Mayor Marty closed the public hearing. 35 36 MOTION/SECOND: Mueller/Stigney. To Waive the Reading and Introduce Ordinance 799, to 37 Clarify Language Relating to Official Publication. 38 39 Ayes – 5 Nays – 0 Motion carried. 40 41 G. First Reading and Introduction of Ordinance 798, an Ordinance Amending 42 Chapter 1113 of the Mounds View Zoning Code Related to Therapeutic 43 Massage Businesses 44 45 Mounds View City Council August 27, 2007 Regular Meeting Page 10 Community Development Director Ericson reviewed the revisions to Ordinance 798 explaining 1 that since the City has such strenuous licensing procedures a conditional use permit was 2 determined not to be necessary. Based on the recommendation of the Planning Commission 3 there is an Ordinance for review to identify therapeutic massage as an allowed use within the B2 4 Zoning District. 5 6 Council Member Stigney questioned 514.06 for therapeutic massage therapist license as it 7 requires evidence of 400 certified hours and he would like to know what the state requirement is. 8 9 Director Ericson indicated that there may not be a state requirement. Staff would need to review 10 it, however, any changes to Chapter 514 would need to be addressed in a subsequent amendment. 11 12 Council Member Stigney said that either they have the 400 hours before the license, or they do 13 not, so the language seems to conflict. He would like to remove Item 4 and require the 400 hours 14 prior to the license, not after it is approved. 15 16 Council Member Stigney asked Staff to determine what the state insurance requirements would 17 be for this type of business. 18 19 Mayor Marty indicated that in Section 514.06, Subd. B5 it reads names and addresses of 20 applicants employers for the last five years, and number 6 asks whether there is a conviction of a 21 felony crime, etc. He then said that he feels that if the applicant is not the therapist, then the 22 therapist should be subject to the same investigation requirements. 23 24 Staff will clarify to require that as that is what the original intent was. 25 26 Mayor Marty would like to amend Section 514.08 to include any employee doing massage. 27 28 Mayor Marty indicated that he feels that only someone who holds a license need apply under 29 514.15, temporary therapist licensing. 30 31 Director Ericson said that the way this is read, is that you need to be affiliated with a licensed 32 enterprise in order to apply for a temporary therapist license. Staff suggested looking at this with 33 the City Attorney for clarification. 34 35 Council Member Mueller indicated that her employer, from time to time, has provided the ability 36 to have a therapeutic massage during the work day as a performance incentive, and she is 37 wondering if this Code would eliminate that. 38 39 MOTION/SECOND: Mueller/Stigney. To Waive the Reading, and Introduce Ordinance 798, an 40 Ordinance Amending Chapter 1113 of the Mounds View Zoning Code Related to Therapeutic 41 Massage Businesses. 42 43 Ayes – 5 Nays – 0 Motion carried. 44 45 Mounds View City Council August 27, 2007 Regular Meeting Page 11 H. Resolution 7145 Establishing a One Year Moratorium on Boxing, 1 Mixed Martial Arts and Ultimate Fighting 2 3 Mayor Marty asked that this be put on the May or June 2008 work session Agenda so it does not 4 slip through the cracks. 5 6 MOTION/SECOND: Marty/Mueller. To Waive the Reading and Approve Resolution 7145 7 Establishing a One Year Moratorium on Boxing, Mixed Martial Arts and Ultimate Fighting. 8 9 Ayes – 5 Nays – 0 Motion carried. 10 11 I. Resolution 7146 Accepting Donation from Bethlehem Baptist Church 12 13 Assistant Crane reviewed the contribution of $15,918 and outlined the letter as to how 14 Bethlehem Baptist Church would like the money utilized. 15 16 Council Member Stigney asked about the programs at Edgewood. 17 18 Council Member Mueller provided an explanation of the programs. 19 20 MOTION/SECOND: Mueller/Hull. To Waive the Reading and Approve Resolution 7146 21 Accepting Donation from Bethlehem Baptist Church. 22 23 Council Member Stigney pointed out that Bethlehem Baptist Church is contributing this money 24 in lieu of taxes, so he thinks that the City should look at contributing to something that 25 contributes more to the overall benefit of the community. Council Member Stigney said that he 26 is not against these programs, but pointed out that general taxes would not be used for this type 27 of use. 28 29 Council Member Mueller said that she would like to accept the donation and allow them to 30 specify how it is used. 31 32 Council Member Stigney indicated that this is not a donation out of the goodness of their heart, 33 but a requirement of the business agreement reached with the City when they came into the City. 34 35 Council discussed the history of the agreement reached with the Church. 36 37 Council Member Flaherty indicated he would like a representative of STAND and SALE to come 38 before the Council and provide information on what they do for the school. 39 40 Council Member Stigney emphasized that this is a limited program for certain kids, and he would 41 rather have this general tax money go toward something like Festival in the Park. He then said 42 that he is a little concerned about allocating the funds this way, because it could become 43 precedent. 44 45 Mounds View City Council August 27, 2007 Regular Meeting Page 12 Council Member Flaherty indicated that he would like to hear from STAND and SALE as to 1 what they do for the schools. 2 3 MOTION/SECOND: Flaherty/Marty. To Amend the Motion to Accept the Donation and 4 Postpone the Allocation for Item 1 to the September 10, 2007 Council Meeting. 5 6 Ayes – 5 Nays – 0 Amendment carried. 7 8 Ayes – 5 Nays – 0 Motion carried as amended. 9 10 J. Second Reading and Adoption of Ordinance 794, an Ordinance 11 Relating to the Height of Swimming Pool Fences 12 13 Community Development Director Ericson explained that pool owners had asked for consistency 14 with the Minnesota State Building Code in regard to the height of pool fences. 15 16 Mayor Marty opened the public hearing. 17 18 Hearing no public comments, Mayor Marty closed the public hearing. 19 20 Mayor Marty asked about Subdivision 2 and the requirement for the latching mechanism at 54”, 21 being that a 4 foot fence isn’t that high. 22 23 Director Ericson explained the subdivision that allows for a taller fence and requires the 24 mechanism to be on the other side of the fence. 25 26 MOTION/SECOND: Mueller/Stigney. To Waive the Reading and Adopt Ordinance 794, an 27 Ordinance Relating to the Height of Swimming Pool Fences. 28 29 ROLL CALL: Marty/Stigney/Flaherty/Hull/Mueller 30 31 Ayes – 5 Nays – 0 Motion carried. 32 33 K. Ordinance 795 an Ordinance Amending Chapter 1001 Pertaining to the 34 Building Code 35 36 Community Development Director Ericson noted that no changes were made since the 37 introduction of Ordinance 795 and explained the change that this amendment proposes. This is 38 an update reflecting the changes made to the State Code to update the City’s Code and bring the 39 City into compliance. 40 41 Mayor Marty opened the public hearing. 42 43 Hearing no public comment, Mayor Marty closed the public hearing. 44 45 Mounds View City Council August 27, 2007 Regular Meeting Page 13 MOTION/SECOND: Mueller/Flaherty. To Waive the Reading and Adopt Ordinance 795, an 1 Ordinance Amending Chapter 1001 Pertaining to the Building Code. 2 3 ROLL CALL: Marty/Stigney/Flaherty/Hull/Mueller 4 5 Ayes – 5 Nays – 0 Motion carried. 6 7 L. Resolution 7140, Updating Feasibility Report for the 2008 Street and Utility 8 Improvement Project 9 10 Public Works Director Lee reviewed the options for the Council to consider. There is also an 11 issue with the Charter for a project in 2008, as it states that when a proposed improvement is 12 disallowed, the City Council shall not vote within one year. So, using the 2007-2008 feasibility 13 may violate the City’s Charter and Staff would need a legal opinion on that. 14 15 Director Lee indicated that the other issue is the definition of voting and what that covers, that 16 will also need legal interpretation. 17 18 Director Lee indicated that there are some items that will need to be done including defining the 19 scope of the project, and what the costs of those items would be. 20 21 Director Lee indicated that, from a cost effectiveness standpoint, and engineering perspective, he 22 would recommend Option 4, delaying the street project until 2009. 23 24 Director Lee indicated that there is the potential for up to 800 rain gardens in the City, and that 25 may require contracts with residents, and potential ordinance amendments. Staff noted that 26 postponing this any longer may mean that there cannot be a street project in 2008. 27 28 Council Member Stigney asked whether the City Attorney could comment on the legal concerns 29 raised. 30 31 Attorney Riggs indicated that this was discussed with Staff briefly, and he generally concurs. He 32 then said that if there is no special assessment involved then the timing requirements change. 33 34 Council Member Flaherty asked whether the fact that a portion of the project was stopped by 35 petition, impacts whether another portion of the project can proceed. 36 37 Attorney Riggs indicated that it is his opinion, that this would be a different project. 38 39 Mayor Marty reviewed some of the requirements within the feasibility costs, and said he would 40 think that it would cost well less than $17,000. 41 42 Joe Rhein, BRAA indicated that there was a complete report for this project and, when the 43 petition stopped the project was put on the shelf. He then said that then this project came about 44 for 2008 that is a portion of the other project. 45 Mounds View City Council August 27, 2007 Regular Meeting Page 14 1 Mr. Rhein indicated that they could shrink the report and costs down, but there is still creation of 2 a cost document and specifications. 3 4 Mayor Marty asked whether the City is getting billed for Mr. Rhein coming to the Task Force 5 meetings and participating. 6 7 Mr. Rhein indicated that there are costs associated with his attendance at those meetings. 8 9 Council Member Flaherty indicated that the City needs to separate this project from the original 10 project. 11 12 Council Member Mueller asked for costs information on Project B in 2009 and Project C in 2010 13 to get the project ready for bid. 14 15 Public Works Director Lee indicated that he would not recommend that the City take on putting 16 together reports and the design of these projects at this time. Doing so, would require additional 17 staffing. 18 19 Mr. Rhein explained that there are three steps to the engineering on a project. The first is the 20 feasibility report, then first order cost estimate for the project. The second is the public hearing 21 process where the City determines whether to proceed and the third step is the awarding of the 22 bid. He then provided an explanation on what items contribute to the 27% administrative costs. 23 24 Brian Amundsen appeared before Council, and thanked Council for obtaining the cost 25 information before proceeding. Mr. Amundson said, that in regard to voting on the project, the 26 timeline for voting is not until after the one year anniversary of the petition expires. 27 28 Mr. Amundsen said he recently read in the paper the costs that New Brighton is paying for 29 development in their northwest quadrant, and he thought that the percentages were below 10%, 30 so he is not sure why the City is paying 15%, if it is also paying for hourly attendance of the 31 consultant. 32 33 Mr. Amundsen asked how much the City saves on the end project compared to the extra costs for 34 the feasibility reports. 35 36 Mr. Amundsen said that he would like to see a project in 2008 to get this going. Mr. Amundsen 37 said that he thinks that the City is in tune with what residents want with the streets project, and it 38 is a number one priority, and has been for a number of years. 39 40 Mayor Marty thanked Mr. Amundson for his input. 41 42 Council Member Flaherty said that he appreciated the input of Mr. Amundson. Council Member 43 Flaherty said that he thinks the cheapest way to separate this project from the original project is 44 the $6,800 option. 45 Mounds View City Council August 27, 2007 Regular Meeting Page 15 1 Council Member Mueller said that she has been getting phone calls from residents not on the 2 Task Force, who are upset that the Task Force is not considering everyone in the community. 3 She then said that the question was whether these things would go before the voters to determine 4 just how much should be spent on this type of project. 5 6 Mayor Marty noted that the Task Force is volunteers and anyone is welcome to come with 7 questions to the Task Force meeting and/or the Council meetings. He then said that Council 8 wants the input, but has to make a decision at some point. And, that decision will not make 9 everyone happy. 10 11 Council Member Stigney said that some people cannot come to a Task Force meeting, so yes, 12 there is a Task Force, but he is not sure that everything is being brought forward. He then said 13 that he feels that this should go to a referendum, because the people of the City will have to live 14 with it. 15 16 Council Member Hull asked how much it would cost to put this out for referendum. 17 18 Finance Director Beer indicated that the City would share the costs with the School Board and 19 estimated it to cost approximately $10,000. 20 21 MOTION/SECOND: Mueller/Hull. To Move Forward with Option 2, not to exceed $6,800 on 22 Preparation of the Feasibility Study for the 2008 Street Project. 23 24 Council Member Stigney said that he does not think that this is the best financial plan for the 25 City with this project. He then said that he disagrees with the proposed financing plan. 26 27 Council Member Stigney said that one of the whereas clauses states that the report should be 28 updated based on the recommendation from the Streets and Utility Task Force, which includes 29 the Financing Plan. 30 31 Public Works Director Lee suggested amending the whereas to “based on the tentative design 32 recommendation of the Streets and Utility Task Force” and eliminating reference to financing. 33 34 MOTION/SECOND: Stigney/Marty. To Update the Resolution to state the Report should be 35 Based on the Current Design Recommendations of the Streets and Utility Task Force and not 36 include the Financing. 37 38 Ayes – 5 Nays – 0 Motion carried. 39 40 Community Development Director Ericson asked whether this is amending previously approved 41 Resolution 7140. 42 43 Mounds View City Council August 27, 2007 Regular Meeting Page 16 MOTION/SECOND: Mueller/Stigney. To Rescind the Last Motion to Amend and Amend 1 Resolution 7140 to Amend the Whereas Clause and Resolved clause to Design, and Amend the 2 amount to $6,800. 3 4 Ayes – 5 Nays – 0 Motion carried. 5 6 8. CONSENT AGENDA 7 8 A. Licenses for Approval 9 B. Set a Public Hearing for Monday, September 10, 2007 at 7:05 pm for the 10 Second Reading and Adoption of Ordinance 799, an Ordinance Approving 11 an Amendment of Chapter 12 of the Mounds View City Charter. 12 C. Set a Public Hearing for Monday, September 10, 2007 at 7:10 pm for the 13 Second Reading and Adoption of Ordinance 798, an Ordinance Amending 14 Chapter 1113 of the Mounds View Zoning Code Related to Therapeutic 15 Massage Businesses 16 17 MOTION/SECOND: Hull/Mueller. To Approve the Consent Agenda as Presented. 18 19 Ayes – 5 Nays – 0 Motion carried. 20 21 9. JUST AND CORRECT CLAIMS 22 23 Finance Director Beer asked whether the disbursement of the funds from Bethlehem Baptist 24 Church to Edgewood Middle School should be held. Council agreed. 25 26 Mayor Marty asked about the trophies and plaques. 27 28 Finance Director Beer indicated that it was for the trophies and plaques for the car show. 29 30 Council Member Stigney asked how much the car show brought in. 31 32 Council Member Mueller indicated between the trophy sponsors and the sponsors that 33 contributed, and registrations of the vehicles there was $730.00 brought in. There were 33 cars 34 and display cars and tractors at the event which is really good based upon the weather. 35 In addition, $150.00 was raised by the specialty judging for the food shelf. We have no way of 36 knowing how much the car show participants brought into the Festival through playing Bingo 37 and other events at the Festival. 38 39 40 41 42 Mayor Marty asked about the sponsorship for the Greater Metropolitan Housing. 43 44 Mounds View City Council August 27, 2007 Regular Meeting Page 17 Community Development Director Ericson indicated that would normally have been paid earlier 1 in the year and is the City’s contribution to that program. 2 3 Mayor Marty asked about the costs for vibratory plowing. 4 5 Finance Director Beer explained that vibratory plowing is used to cut roots to treat oak wilt. 6 7 Mayor Marty asked about marker flags. 8 9 Public Works Director Lee explained that this is for locates. 10 11 Mayor Marty asked about screen printing t-shirts for $420.00. 12 13 Finance Director Beer indicated that it was for Staff t-shirts for workers at the Festival. 14 15 Council Member Mueller indicated of the red Festival t-shirts for sale, 30 shirts were sold and 16 30 shirts were used in promotions and 10 to raffle off as prizes and 5 or 10 to Bingo to use as 17 Bingo prizes and the remaining shirts are being sent to the Red Cross to be given to flood 18 victims. The red Festival shirts and their proceeds were all donated to the Festival 19 20 Mayor Marty suggested having a generic shirt for staff without a date or year so that they can use 21 the festival shirts for more than one year. 22 23 Council Member Flaherty said that this year was not a good year to use as a measurement of 24 success, because only about a fourth of the people that would have attended did, due to the 25 weather. 26 27 Mayor Marty asked about the gas purchases at The Station. He thought the City had a contract 28 with Holiday and this is to the Station. 29 30 Finance Director Beer indicated that he believed the City Staff had contracts with all local 31 stations and changed stations, as the pricing was more competitive. 32 33 Mayor Marty asked about cartridges for target practice and why that is under uniforms. 34 35 Finance Director Beer indicated that the invoice was from Uniforms Unlimited and that is where 36 the cartridges are purchased. 37 38 Council Member Stigney asked whether the City has approached other stations in town for a 39 price quote. 40 41 Council Member Stigney asked what the item switch, cleaner was. 42 43 Public Works Director Lee indicated that he would look into it. 44 45 Mounds View City Council August 27, 2007 Regular Meeting Page 18 MOTION/SECOND: Marty/Stigney. To Approve Just and Correct Claims as Amended to Hold 1 the One Check as Discussed. 2 3 Ayes – 5 Nays – 0 Motion carried. 4 5 10. APPROVAL OF MINUTES 6 7 A. July 9, 2007 City Council Meeting Minutes 8 9 Mayor Marty: On Page 2, Line 3 changes, and recommends approval remove the s. 10 11 Council Member Mueller: On Line 42 it is a change, as the charter allows not to exceed 21 days 12 instead of 30 days. 13 14 Council Member Flaherty: Page 5, Line 2 (asked to review the tape) stated he did not like being 15 threatened. 16 17 Mayor Marty: On Page 8, Line 30 add Council Member Stigney agreed. On Page 10, Line 5 and 18 Line 8 should be Director Ericson and Line 5 Mr. Perozi should be corrected. 19 20 MOTION/SECOND: Marty/Mueller. To Approve the July 9, 2007 City Council Minutes as 21 Amended. 22 23 Ayes – 5 Nays – 0 Motion carried. 24 25 B. July 23, 2007 City Council Meeting Minutes 26 27 Mayor Marty said he submitted changes to Staff previously. 28 29 MOTION/SECOND: Mueller/Flaherty. To Approve the July 23, 2007 City Council Minutes as 30 Amended. 31 32 Ayes – 5 Nays – 0 Motion carried. 33 34 11. REPORTS 35 36 A. Reports of Mayor and Council 37 38 Mayor Marty thanked everyone who participated in Festival in the Park. Mayor Marty explained 39 that two Staff members are now able to enter information for the city’s sign, to avoid the issues 40 of not being able to put fireworks cancellation on the sign. The City sign showed fireworks were 41 still on for Sunday night. People were calling to see if the fireworks would still be held. 42 43 Community Development Director Ericson indicated that Medtronic does not have any issue 44 with rolling the funds for fireworks from this year into the 2008 celebration. 45 Mounds View City Council August 27, 2007 Regular Meeting Page 19 1 Council Member Mueller said that the Festival had a good turnout despite the weather. They 2 received a thank you note from Terry and Tracy Poirer of White Bear Lake, who participated in 3 the car show, and they look forward to participating next year. Including Mounds View, we had 4 some people from 10 communities to participate 5 6 B. Reports of Staff 7 8 City Administrator Ulrich reported that the I-35W Corridor Coalition is having an update on the 9 I-35 Bridge reconstruction and the meeting is August 29, 2007 at 4:30 p.m. with representatives 10 from Mn/DOT present to discuss the reconstruction. 11 12 City Administrator Ulrich reviewed the upcoming work session Agenda with Council. 13 14 Mayor Marty noted that one item on the work session, is the City Administrator position, since 15 Mr. Ulrich is going to the City of Ramsey, with September 13, 2007 being his last day. Council 16 will need to discuss assigning an Interim City Administrator as well as a replacement and 17 recruitment plan. 18 19 Community Development Director Ericson indicated that the resident at 2091 Hillview requested 20 a 50 foot stub of right of way that the property owner has been maintaining, be annexed to her 21 property. Staff has asked the City Attorney to review what the process would be. Director 22 Ericson indicated that there are no utilities in that location, and Staff does not see a future use for 23 the property from the City. 24 25 Director Ericson noted that Moe’s had some fire code issues, and the Council requested 26 compliance with the fire code. The owner has provided information that the financing has been 27 received, and a permit from the contractor has been requested, for installation of the hood vent. 28 29 Public Works Director Lee noted that at the July 23, 2007 meeting, Council discussed issues 30 related to Change Order 39, dealing with the insulation of the heating coils for the City Hall 31 project. Since that time, Staff has met with legal counsel and SEH to discuss the issue, and a 32 letter was provided outlining the City’s legal position with this situation. He then provided that 33 letter to Council and asked that they review it. 34 35 Director Lee indicated that pursuit of this issue would exceed the cost of the value of this item. 36 37 Mayor Marty indicated that he would like to put the engineer and contractor on notice that the 38 City knows what happened. 39 40 Council Member Flaherty asked Staff to ask the Engineer to split the costs with the City. 41 Council agreed. 42 43 Mayor Marty noted that the budget discussion would continue at the work session on September 44 4, 2007. 45 Mounds View City Council August 27, 2007 Regular Meeting Page 20 1 C. Reports of City Attorney 2 None. 3 4 12. Next Council Work Session: Tuesday, September 4, 2007, at 7:00 p.m. 5 Next Council Meeting: Monday, September 10, 2007 at 7:00 p.m. 6 7 13. ADJOURNMENT 8 9 The meeting was adjourned at 10:47 p.m. 10 11 Transcribed by: 12 13 14 Joan Lenzmeier, Recording Clerk 15 TimeSaver Off Site Secretarial, Inc. 16 These Minutes reflect changes made by Interim City Administrator Jim Ericson, Mayor Marty , and City Council Members Mueller and Stigney - -- Revised as of 10/8/07 @916am. PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1 CITY OF MOUNDS VIEW 2 RAMSEY COUNTY, MINNESOTA 3 4 Regular Meeting 5 September 10, 2007 6 Mounds View City Hall 7 2401 Highway 10, Mounds View, MN 55112 8 7:02 P.M. 9 10 11 1. MEETING IS CALLED TO ORDER 12 13 2. PLEDGE OF ALLEGIANCE 14 15 3. ROLL CALL: Stigney, Hull, Mueller, and Marty 16 17 NOT PRESENT: Flaherty 18 19 4. APPROVAL OF AGENDA 20 21 A. Monday, September 10, 2007 City Council Agenda 22 23 Mayor Marty asked whether Item 7A should be postponed now or later in the meeting. 24 25 Administrator Ulrich suggested taking public comment at this meeting and postponing action to 26 the next meeting. 27 28 MOTION/SECOND: Mueller/Hull. To Approve the Monday, September 10, 2007 City Council 29 Agenda as Presented. 30 31 Ayes – 4 Nays – 0 Motion carried. 32 33 5. PUBLIC INPUT 34 35 Mr. Perrozzi addressed Council regarding the Pac building and provided an update. Mr. Perozzi 36 indicated he has received the utility agreement six times but has yet to receive Exhibits A, B, and 37 C to the document so he cannot sign it. Mr. Perrozzi indicated that Mr. Bock of the Velmeir 38 Company has indicated he is not pleased with having to move the utilities. Mr. Perrozzi 39 indicated that he has informed Mr. Bock that there are utilities on his property without a proper 40 agreement and he is tired of this situation and is seriously considering litigation. 41 42 Dan Mueller of 8343 Groveland Road addressed Council and said that he is disappointed 43 regarding the discussion concerning Festival in the Park at the last meeting. Mr. Mueller said 44 that the volunteers involved with the Festival in the Park worked very hard, and Council was 45 Mounds View City Council September 10, 2007 Regular Meeting Page 2 aware of the budget of the Festival, and he does not feel it is right to bash anyone due to poor 1 turnout. 2 3 Mr. Mueller indicated that the car show brought in $730.00, and, in addition, due to the 4 generosity of the appraisers, the Car Show raised $150.00 that was donated to the food shelf. 5 6 Mr. Mueller thanked Mr. Ulrich for his work for the City and said that the City of Ramsey is 7 lucky to have him. 8 9 Mayor Marty noted that the first year of a new event is difficult and is a learning year to improve 10 on the following years. 11 12 Bill Doty of 3049 Bronson Drive addressed the Council’s plan to charge each household $100.00 13 per year for street maintenance for the next 20 years. Mr. Doty said that the Charter was created 14 to give the residents a right to vote on things of this nature, and he would like the City to allow 15 this decision to go to a referendum. 16 17 Mr. Doty said that he would really like the Council to handle this decision on a referendum, 18 because the citizens could object to the Council making the decision, but that takes work with the 19 petition process. 20 21 Mayor Marty indicated that the City must file by September 15, 2007 to develop the ballot 22 question, so the Council would need to vote on it tonight or call a special meeting prior to 23 September 15, 2007. 24 25 Mr. Doty indicated he would really like Council to consider that. 26 27 Council Member Mueller asked Mr. Doty for information on how many years Mr. Doty served as 28 Council Member. 29 30 Mr. Doty said he served four years, but has been on the Charter Commission as well. 31 32 Mr. Doty said that he would like the Council to know that the residents have said, four to one, 33 that they want limited increases in taxes, and his City taxes are quite high. 34 35 Mayor Marty added discussion on referendum question to the Agenda. 36 37 Council agreed to add the discussion under Council Business 7F. 38 39 6. SPECIAL ORDER OF BUISNESS 40 41 A. Presentation by Bethlehem Baptist Church and Representatives from 42 SAIL and STAND Programs 43 Mounds View City Council September 10, 2007 Regular Meeting Page 3 Administrator Ulrich indicated that Bethlehem Baptist Church has requested that a portion of 1 their payment in lieu of taxes be used to assist with funding for the STAND and SAIL programs. 2 Representatives are present to provide information on the programs. 3 4 Mayor Marty indicated that he has nothing against these programs as outlined in the Staff report. 5 His concern would be that this is part of the Mounds View School District, and the School 6 District is budgeted and paid for out of School District funds, and the Bethlehem Baptist Church 7 was a contribution toward funding City needs. His concern is that once this starts getting applied 8 to the School District, it may continue indefinitely, making it difficult to divert the funds away 9 from the programs for any City needs that may arise. 10 11 Robin Howard, Dean of Edgewood Middle School, provided information on the STAND 12 program which is Students Taking a New Direction to assist students with an academic focus to 13 provide incentive for finishing work and to provide life skills training. 14 15 Administrator Ulrich explained that one time expenditures are easier for the City rather than 16 funding that an organization would come to rely on. 17 18 Ms. Howard indicated that they are always looking for additional funding, but this would not be 19 considered an operational funds source. The School District funds this program, but they would 20 love to have the opportunity for the additional funds this time, or any other time that the funds 21 would be available. 22 23 Debbie Wall, SAIL teacher, addressed Council and explained that SAIL stands for Social 24 Academic and Interpersonal Learning. Ms. Wall indicated that they service any student for any 25 time that they need extra support, and provide materials needed to assist with organization and 26 preparation to be able to do their work. 27 28 Ms. Wall indicated that there are field trips and community service projects, and they do 29 fundraising to assist with the School District funding. Ms. Wall indicated that they work around 30 the funding they do receive, but would not rely upon the funding to continue regularly. 31 32 Council Member Mueller thanked Staff for putting together the Staff report and information. 33 34 Council Member Stigney said that a Committee is planned to determine the use of the funds and 35 he would like to know if that has already occurred. Council Member Stigney said that he would 36 like information on the Committee, and what the recommendation was. 37 38 Administrator Ulrich explained that there is not a formal committee, but more of an informal 39 discussion with the YMCA, Park and Recreation Staff and the Church to develop a consensus of 40 needs. 41 42 Council Member Stigney indicated that he would like to see the payment in lieu of taxes be used 43 more City wide. He then said he has no issue with these programs, but would prefer to use the 44 funds for something like Festival in the Park, as that is more City-wide. 45 Mounds View City Council September 10, 2007 Regular Meeting Page 4 1 Mayor Marty indicated that if the City does not have suggestions for using the funds then the 2 Church looks for sources. 3 4 MOTION/SECOND: Mueller/Marty. To Approve the Transfer of Funds to STAND and SAIL 5 Programs from Bethlehem Baptist Church. 6 7 Council Member Stigney said that he feels that funds like this should be used for a more City 8 wide use, such as Festival in the Park. 9 10 Council Member Mueller explained that Bethlehem Baptist Church funds the inflatables for 11 youth during the Festival in the Park and also provides donations for the Festival in the Park. 12 13 Mayor Marty agreed that Bethlehem Baptist knows that the City would like to look at park needs 14 or the Festival in the Park and he would like to give the funds to STAND and SAIL at this point 15 in time as they were expecting them. He also stated that they have reviewed these funds in the 16 past. 17 18 19 Ayes – 3 Nays – 1(Stigney) Motion carried. 20 21 B. Xcel Energy Gas Main Proposal Update 22 23 Public Works Director Lee explained that Xcel would like to install an 8 inch gas distribution 24 line, and then explained where it is proposed to run. Staff is working with Xcel Energy closely 25 on this request and Staff will continue to do so. Staff suggested that Xcel come to the City 26 Council to discuss any issues regarding the Staff recommendation. 27 28 Dan Woehrle, Engineering Manager, Xcel Energy appeared before Council, and explained that 29 they have met with City Staff to discuss the issues on the first permit application, and they have 30 addressed most of those. Mr. Woehrle said that Staff is concerned about running the line in the 31 roadway due to proposed future work to be done, and the new proposal is to run the line in the 32 boulevard to address that concern. 33 34 Mr. Woehrle indicated that they have submitted a detailed nine week schedule outlining the 35 various stages of the project. 36 37 Mr. Woehrle indicated that Staff felt that the standard letter was not adequate, and Xcel has 38 agreed to revise that letter to be sent to the homeowners along the pipeline. 39 40 Mr. Woehrle indicated that they have revised the location for the valve south east of the 41 Walgreens as it is a less conspicuous location. Mr. Woehrle indicated that they would like to 42 keep the valve in the Highway 10 corridor, and they believe the new location is an excellent 43 location, as there are already utilities in that location. 44 45 Mounds View City Council September 10, 2007 Regular Meeting Page 5 Council Member Mueller asked if the diameter of the pipe changed from the original proposal 1 this spring. 2 3 Mr. Woehrle indicated that the diameter has always been proposed as an 8 inch pipe. 4 5 Council Member Mueller indicated that Council had previously asked for some type of 6 landscaping, or something to screen this installation to make it easier to look at. 7 8 Mr. Woehrle said that they believe relocating it to a less conspicuous spot should alleviate some 9 of the concern. Mr. Woehrle said that he would be concerned with a fence, as they tend to attract 10 attention, but they would be agreeable to landscaping to screen the valve from view. 11 12 Council Member Mueller asked why the City was chosen for the location of this pipeline, and 13 valve. 14 15 Mr. Woehrle indicated that this new pipeline replaces the existing four inch pipeline and there is 16 a need for a valve to operate the pipeline as necessary. 17 18 Council Member Mueller indicated that in the 1980s there was a tragedy in the community 19 involving the pipeline and she remembers that. Council Member Mueller said that she wants to 20 make sure that everything is done properly to ensure resident safety. 21 22 Council Member Mueller asked whether this could have been located in any other location. 23 24 Mr. Woehrle indicated that the pipeline was already in place in this location, and this 8 inch pipe 25 replaces the four inch pipe. 26 27 Council Member Stigney said that he would like to see some brickwork out there to blend in 28 around the base of the billboard, and the look of Walgreens, and some greenery for screening as 29 well. 30 31 Council Member Hull asked whether the four inch pipeline serves Mounds View residents. 32 33 Mr. Woehrle indicated that it serves the Metro East Area, but it does not directly serve Mounds 34 View. 35 36 Council Member Hull asked whether the valve could be moved closer to the billboard and 37 require enhanced screening and landscaping. 38 39 Mr. Woehrle said that they are not opposed to that but felt that, they were choosing a site that 40 already had existing utilities in that location. 41 42 Mayor Marty thanked Xcel for the effort to move the valve from H2 and Highway 10. Mayor 43 Marty said that Council Member Flaherty was concerned about a large vehicle leaving the 44 County Highway taking out the valve in that location. 45 Mounds View City Council September 10, 2007 Regular Meeting Page 6 1 Mayor Marty said that the City would like to see detailed plans for review when this moves 2 forward. Mayor Marty said that this City has a history with pipelines, and all residents are 3 concerned about this project and are against it. 4 5 Mr. Woehrle agreed that this pipeline does not directly serve the City of Mounds View, but said 6 it is part of the overall regional pipeline grid that serves the entire metro area. Mr. Woehrle 7 explained that the gas that serves the residents of Mounds View comes from another portion of 8 the metro. The existing pipeline corridor serves the communities to the north and Xcel needs to 9 do something to continue to serve the customers up there. 10 11 Mayor Marty asked whether it is proposed to be moved over a block or two from the existing 12 four inch pipe, or along I35W and US highway 10. 13 14 Mr. Woehrle said that it is proposed to go down Greenwood rather than Eastwood for 15 construction reasons and recommendations of the engineer. 16 17 Mr. Woehrle indicated that federal law does not allow them to follow interstates for safety 18 reasons. 19 20 Council Member Mueller asked for safety information. 21 22 Mr. Woehrle explained their safety program and inspection procedures. 23 24 Council Member Mueller asked whether this valve would be electronically monitored. 25 26 Mr. Woehrle said that they monitor pressure electronically but, not the valve. 27 28 Barbara Haake of 3024 County Road I said she served on the Council when there was the 29 pipeline explosion, and there are new regulations since that time. The thing that they found out 30 at that time, is that the pipeline was leaking, and there are rules and regulations now to protect 31 and ensure that there is not leakage. Automatic shutoff valves came out of that, but she is not 32 sure how automatic shutoff valves work with natural gas. Ms. Haake indicated that they had 33 issues with the gas being able to be turned off last time. 34 35 Ms. Haake said that she has always disliked that the pipelines go through a residential area but 36 they are required to keep it out of interstate corridors. 37 38 Mr. Woehrle indicated that there is technology available for automatic shutoffs but it is not used 39 in the natural gas industry because natural gas is lighter than air, and, almost always, vents 40 upward. Xcel does not have any automatic shut offs and they are not proposing them for this 41 location. 42 43 Mayor Marty said that it seems plausible to him to consider it for safety reasons. Mayor Marty 44 said that this is going from a four inch line to an eight inch line running through the City. He 45 Mounds View City Council September 10, 2007 Regular Meeting Page 7 indicated he would like to see further information on the feasibility of installing automatic 1 valves. 2 3 Mr. Woehrle said that they have gas service men on duty 24/7 in the metro area. Mr. Woehrle 4 indicated that their response time is less than 20 minutes anywhere in the metro area and they 5 respond to hundreds of calls a year. He indicated that there are time constraints with this project 6 and, they would be concerned about installing the new technology in this location without the 7 time to test and review it. 8 9 Mr. Woehrle indicated that they do not believe that there is a need for automatic shutoff valves in 10 this location. He said that their competitors do not use this type of new technology. 11 12 Ken Glidden, 5240 Edgewood, said that Xcel would be concerned about costs, but as a resident 13 in the immediate location of the pipeline, this is important to him for safety. Mr. Glidden 14 suggested having the automatic valve, and then a manual valve upstream 6 inches that can be 15 shut off by the service man, if the automatic valve were to fail. 16 17 Council asked that the information on automatic valves be brought to Council for consideration. 18 19 Mr. Worlie asked to be allowed to work with Staff rather than having to go before Council again 20 as that will hold up their project, and they wanted to be up and running by Thanksgiving. 21 22 Mayor Marty indicated that Xcel is free to work with Staff, however, the Council makes the 23 decision whether this goes or not. Mayor Marty indicated that this would need to be presented to 24 Council at the next meeting in two weeks. 25 26 Council Member Stigney said that he likes the idea of two valves, one automatic and one manual. 27 He asked that the suggestion be followed up on and provide information to Council on it. 28 29 Council Member Mueller said that she understands deadlines, however, first and foremost is the 30 safety of those that live in this community. 31 32 Jennifer Thulien-Smith, General Council for Xcel Energy, said that it is the position of Xcel that 33 they do have the right to excavate and replace their pipeline. She agreed that Xcel is subject to 34 the permit requirements of the City, however, the City may not arbitrarily deny the permit. The 35 technical experts have addressed all of the concerns raised by City Staff. Neighborhood concern 36 or expression of concern for public safety is not a valid reason for denial. 37 38 Ms. Thulien-Smith explained that this is just an expansion of the existing pipe in the public right 39 of way. The City must consent to pipeline maintenance, and aesthetics are not necessary to 40 protect the health, safety and welfare of the public. She then said that Xcel would work with City 41 Staff on the screening issue. Ms. Thulien-Smith indicated that, if the permit is not approved, 42 they will pursue their rights under Minnesota Law, including relief in district court. 43 44 Mounds View City Council September 10, 2007 Regular Meeting Page 8 Ms. Thulien-Smith said that they respectfully request that the City approve the excavation permit 1 immediately. 2 3 Ms. Haake said that safety is a reason to require the automatic shut off valve, and she feels that 4 the City would be derelict in not requiring the extra safety precaution. Ms. Haake indicated that 5 the City is within its rights to require the automatic shut off valve. 6 7 Bill Doty of 3049 Bronson Drive said that he remembers the fire with the gasoline pipeline, and 8 said that there are occasional natural gas disasters as well. Mr. Doty indicated he would like the 9 City to consider an automatic shut off valve. 10 11 Mayor Marty said not he, nor has anyone else ever said that the City would deny the permit. 12 13 Administrator Ulrich asked whether sufficient plans have been received from Xcel for the City to 14 verify that co-locating would work. 15 16 Director Lee indicated that his direct reports have reviewed the plans and the newly submitted 17 plans are usable for City purposes. Director Lee explained the items that Staff is reviewing 18 concerning the location of the pipeline, and said that they are able to work with Xcel Energy with 19 these plans. 20 21 Mayor Marty pointed out that these things were asked for in the spring by Council when this was 22 proposed by Xcel, it was Xcel, not the city that has been holding this project up, so don’t talk to 23 us about your timeline. He also asked if the pipeline required a trench or how it was installed. 24 25 Director Lee said that the installation is directional bore to be less disruptive. 26 27 Council Member Stigney asked whether there is public right of way all the way up Greenwood. 28 29 Director Lee indicated that there is an issue with right of way in one location but, Xcel Energy 30 has secured right of way, and that would be a condition of approval of the permit. 31 32 Attorney Riggs said that the information that Director Lee provided is helpful, and said that Xcel 33 should know that the City is looking at co-location and safety, in light of past history with the gas 34 line explosion. The City does have the right of make sure that co-location is possible in the right 35 of way. 36 37 Council will review this in two weeks. 38 39 7. COUNCIL BUSINESS 40 41 A. Public Hearing, Second Reading and Adoption of Ordinance 799, Approving 42 an Amendment to Chapter 12 of the Mounds View City Charter 43 44 Mayor Marty opened the public hearing at 8:46 p.m. 45 Mounds View City Council September 10, 2007 Regular Meeting Page 9 1 Hearing no public comment, the public hearing was continued to the next City Council meeting. 2 3 MOTION/SECOND: Marty/Hull. To Postpone to the September 24, 2007, City Council 4 Meeting and Continue the Public Hearing. 5 6 Ayes – 4 Nays – 0 Motion carried. 7 8 B. Public Hearing, Second Reading and Adoption of Ordinance 798, an 9 Ordinance Amending Chapter 1113 of the Mounds View Zoning Code 10 Related to Therapeutic Massage Businesses 11 12 Community Development Director Ericson noted that this is in response to a deficiency in the 13 Code relating to therapeutic massage businesses. The City has an application submitted for this 14 type of business and determined that the Zoning Code did not designate where these types of 15 businesses are to be located. Staff recommends approval of the Amended Ordinance and 16 authorization to publish a summary of the ordinance. 17 18 Mayor Marty opened the public hearing at 8:49 p.m. 19 20 Hearing no public comments, Mayor Marty closed the public hearing. 21 22 MOTION/SECOND: Mueller/Hull. To Waive the Reading and Adopt Ordinance 798, an 23 Ordinance Amending Chapter 1113 of the Mounds View Zoning Code Related to Therapeutic 24 Massage Businesses. 25 26 Council Member Stigney asked when the change will be made in the Code. 27 28 Director Ericson said that he has asked Kennedy & Graven to review the licensing provisions and 29 suggest any necessary changes. Director Ericson indicated that a presentation will be provided to 30 Council when the opinion is received from the City Attorney’s office. 31 32 ROLL CALL: Marty/Stigney/Hull/Mueller 33 34 Ayes – 4 Nays – 0 Motion carried. 35 36 C. Resolution 7147, Certification of Proposed General Fund Budget and 37 Property Tax Levy for Fiscal Year 2008 38 39 Finance Director Beer explained that the City must certify a general fund budget and levy to the 40 County Auditor by September 15, 2007. The general fund levy increase proposed is at 0% and 41 the general fund budget was provided. 42 43 Mounds View City Council September 10, 2007 Regular Meeting Page 10 Mayor Marty noted that at the last work session, when Council went through this line by line, he 1 had nothing of the magnitude that Staff cut but he did have some questions. Mayor Marty asked 2 whether the Staff has looked at this to see if any more can be shaved off. 3 4 Finance Director Beer indicated that it would be difficult to shave any more off the budget. 5 6 Mayor Marty pointed out on Page 10, office of City Administrator, $1,350.00 for election judge 7 meals and he is wondering if this is necessary. 8 9 Finance Director Beer indicated that there is training involved and meals are an incentive to 10 attract election judges rather than higher dollar per hour wages. 11 12 Administrator Ulrich indicated that there may be a hundred dollars here or there but, this is a best 13 estimate of expenditures and this is a very lean budget. Administrator Ulrich explained that this 14 is a preliminary levy and further changes can be made prior to the Final Levy being adopted. 15 16 Finance Director Beer explained that this would be the third year in a row that the City has 17 certified a 0% levy increase. Director Beer indicated that he would not recommend doing so any 18 more. 19 20 Council Member Stigney indicated that the City used to budget for one police car one year, and 21 the second year budget for two. Now, it seems that the City is budgeting for two cars every year. 22 23 Staff and Council discussed police vehicles and the potential to cut one vehicle. Staff will 24 discuss the matter with the Chief. 25 26 Barbara Haake said that she feels that the Staff and Council have done an excellent job of cutting 27 to stay at a 0%. She then said that with a 5% cap there is concern with continuing to approve a 28 0% increase. 29 30 Finance Director Beer indicated that the City has money in the bank, but when it is gone, there is 31 no means to make it up, due to the 5% limitation. 32 33 MOTION/SECOND: Mueller/Hull. To Approve Resolution 7147, a Resolution Certifying the 34 Proposed General Fund Budget and Property Tax Levy for Fiscal Year 2008. 35 36 Council Member Stigney requested that the Resolution be read. 37 38 Mayor Marty read Resolution 7147. 39 40 Ayes – 4 Nays – 0 Motion carried. 41 42 D. Resolution 7148, Establishing Public Hearing Dates for the Proposed General 43 Fund Budget and Property Tax Levy 44 45 Mounds View City Council September 10, 2007 Regular Meeting Page 11 Finance Director Beer explained that there is no levy increase for 2008, but he would recommend 1 the Council hold a truth-in-taxation hearing any way to allow residents a chance to comment on 2 the proposed budget. Director Beer recommended setting 6:00 p.m. on December 3, 2007 for the 3 truth-in-taxation hearing and a continuation hearing on December 10, 2007 at 7:05 p.m. 4 5 MOTION/SECOND: Mueller/Hull. To Waive the Reading and Approve Resolution 7148 6 Establishing Public Hearing Dates for the Proposed General Fund Budget and Property Tax Levy 7 for Fiscal Year 2008. 8 9 Ayes – 3 Nays – 0 Motion carried. 10 11 Council Member Stigney was not present for the vote. 12 13 E. Resolution 7149, a Resolution Authorizing a Step Increase for Mary 14 Springer, Mounds View Receptionist 15 16 Administrator Ulrich Read Resolution 7149 Authorizing a Step Increase for Mary Springer. 17 18 MOTION/SECOND: Mueller/Stigney. To Approve Resolution 7149, A Resolution Authorizing 19 a Step Increase for Mary Springer, Mounds View Receptionist. 20 21 Ayes – 4 Nays – 0 Motion carried. 22 23 F. Referendum Question 24 25 Mayor Marty asked if there is any interest on Council to consider posing this as a referendum 26 question with the School Board Election. 27 28 Council Member Mueller indicated that she would like to go to referendum based on the levy cap 29 that was passed last November. It could be added to the primary in the spring. 30 31 Council Member Stigney indicated that he would like the residents’ input on this project. 32 33 Council Member Hull said that he does not think that money should be spent on a referendum 34 question. 35 36 Mayor Marty said that this is not a special election, so he is wondering what the costs would be 37 to tie in with the School district. 38 39 Administrator Ulrich indicated that it would cost approximately $5,000 to put the question on the 40 ballot. 41 42 Administrator Ulrich suggested the question would be “would voters approve a levy of up to 43 $400,000 for up to a ten (10) year period.” 44 45 Mounds View City Council September 10, 2007 Regular Meeting Page 12 Mayor Marty indicated that he would like to have information put out to inform residents of the 1 background surrounding the question, not just post the question on the ballot. Mayor Marty 2 indicated that he would like to have the information provided on what the costs would be for a 3 direct assessment versus $100 per year for the next 10 years approximately for the same project. 4 5 Council Member Stigney indicated that he would prefer not to tie it to the special assessment, but 6 to the question, and that is $115 per year for a median value home for 10 years, and that is the 7 question to propose to the voters. 8 9 Mayor Marty said that it is the job of Council to lead, but this is the last opportunity to put this to 10 the residents. Mayor Marty indicated that rather than having all streets done within the next 18 11 years, by levying $115 per year per resident, the entire infrastructure can be done within the next 12 10 years without the special assessment potential of $3,000 to $6,000 per homeowner. 13 14 Finance Director Beer indicated that the construction time frame is 10 years, but the City does 15 not necessarily have to pay for it over 10 years, so the City could pose this to the voters next year 16 as part of the general election to save the cost of a ballot question this year. 17 18 Administrator Ulrich indicated that, if the referendum fails, and the assessments are necessary, 19 the City has done the project and the City would have to pay for it and one neighborhood gets a 20 good deal. 21 22 Council Member Mueller reminded Council that this is a Charter City, and the Charter 23 Commission was established to provide a voice for the residents on public improvement projects, 24 and it would concern her that one group would not have a voice if the project moves forward and 25 then the rest of the residents have the ability to vote on the referendum. 26 27 Mr. Doty said that the issue is not the $5,000, but the issue is how the residents want to manage 28 the pubic improvement projects, and the costs are small to allow residents a voice in the process. 29 30 Ken Glidden of 5240 Edgewood Drive asked what the Council has in mind in terms of what the 31 referendum question would be. 32 33 Council indicated the question would be the method of payment. 34 35 Administrator Ulrich indicated the actual ballot question would require a total dollar amount, but 36 the information put out could be more specific. 37 38 Mayor Marty commented that it would be easier to do this as part of the general election on a 39 presidential election year however, then the project would be delayed. 40 41 Doty noted this charges those that have already paid an assessment twice, if they have to pay 42 $115 per year for 20 years for other people’s streets. 43 44 Mounds View City Council September 10, 2007 Regular Meeting Page 13 Mayor Marty indicated that there is a window built in to allow residents that owned the property 1 when assessed to apply for a refund for H2 and the 2003 - 2004 Streets Project. 2 3 Mayor Marty would like to consider going to referendum next year. 4 5 Administrator Ulrich noted that voter turnout would be greater next year during the presidential 6 election. 7 8 Council agreed and noted that this would, in effect, kill the 2008 street project. 9 10 MOTION/SECOND: Marty/Mueller. To Reconsider and Rescind Resolution 7140, Authorizing 11 Preparation of Updated Preliminary Feasibility Report for the 2008 Street and Utility Project. 12 13 Ayes – 4 Nays – 0 Motion carried. 14 15 8. CONSENT AGENDA 16 17 A. Licenses for Approval 18 B. Resolution 7150, Century College Training Contract Approval 19 C. Resolution 7151 Approving Change Order No. 37 and Acceptance and Final 20 Payment Approval for the City Hall Rehabilitation Project 21 D. Resolution 7152 Authorizing the Advertisement for Hiring a Public Works 22 Supervisor 23 E. Resolution 7153 a Resolution Appointing Jim Ericson as Interim City 24 Administrator 25 F. Resolution 7154 a Resolution Approving Additional Compensation for 26 Assistant to the City Administrator Crane 27 G. Resolution 7155 Appointing a Mounds View Representative to the Anoka 28 County – Blaine Airport Joint Zoning Board 29 H. Resolution 7156 Approving an Annual Service Agreement with Trane 30 Building Services for City Hall HVAC Maintenance 31 32 Council Member Mueller requested that Items E and F be removed for discussion. 33 34 Mayor Marty removed Item C for discussion. 35 36 Council Member Stigney requested that Item D, and H be removed for discussion. 37 38 MOTION/SECOND: Hull/Mueller. To Approve Consent Agenda Items A, B and G as 39 Presented. 40 41 Ayes – 4 Nays – 0 Motion carried. 42 43 C. Resolution 7151, Approving Change Order No. 37 and Acceptance and Final 44 Payment Approval for the City Hall Rehabilitation Project 45 Mounds View City Council September 10, 2007 Regular Meeting Page 14 1 Mayor Marty read a memorandum from Kennedy & Graven concerning Change Order No 37 2 Acceptance of City Hall project regarding insulation of the pipes. Mayor Marty indicated that 3 SEH should have caught this, and this has cost the City an additional $5,000. 4 5 MOTION/SECOND: Marty/Mueller. To Waive the Reading and Approve Resolution 7151, 6 Approving Change Order No. 37 and Acceptance and Final Payment Approval for the City Hall 7 Rehabilitation Project. 8 9 Council Member Stigney asked for the status of the signage. 10 11 Public Works Director Lee indicated that the silver lettering has been received, and SEH is 12 paying for that as well as the installation. 13 14 Council Member Stigney said that he would like to see this signage, and he is not sure that he 15 will like what SEH proposes. 16 17 Council asked whether there would be any recourse if the City does not like the proposed 18 lettering. 19 20 Director Lee indicated that there will be no recourse to the contractor on this. 21 22 Council Member Stigney said that he has a question on who is responsible for the block work on 23 the outside as it does not blend. 24 25 Council discussed holding off on paying this until the block work and the sign issues are 26 resolved. 27 28 MOTION/SECOND: Stigney/Marty. To Amend Resolution 7151 to Hold Off Until the Issue 29 with the Brick Work is Resolved. 30 31 Council Member Stigney said he would like to have this addressed in some sort of fashion 32 without the need to go to arbitration. 33 34 Council Member Stigney said he would like to hold the contractor to another acid wash to make 35 the brick match. 36 37 Council Member Mueller asked whether the delay means the City has accepted the work. 38 39 Ayes – 1 Nays – 3 The Amendment Failed. 40 41 Ayes – 3 Nays – 1(Stigney) Original Motion carried. 42 43 Council Member Stigney asked Staff to request an acid wash to try to blend the brick and to 44 discuss the sign letters. 45 Mounds View City Council September 10, 2007 Regular Meeting Page 15 1 D. Resolution 7152 Authorizing Advertisement for Public Works Supervisor 2 3 Council Member Stigney asked whether the City wants to be hiring at this point in time. 4 5 Public Works Director Lee indicated that there is no date certain, and the point would be that this 6 would be the supervisor over all personnel in public works, and the supervisor in Parks will be 7 downgraded when that person is replaced. That may be three to five years out and there is a need 8 to fill the supervisor position. 9 10 Council Member Mueller said that she feels that Director Lee should be given praise for 11 performing dual jobs for the last year, and it is time to give him some relief by filling the 12 position. 13 14 Council Member Stigney indicated that at the work session the reason for the need to fill the 15 position was due to the fact that Director Lee was overwhelmed on the 2008 street project. 16 17 MOTION/SECOND: Stigney/Marty. To Approve the Resolution as Amended to Postpone 18 Hiring to January 1, 2008 and Begin the Hiring Process Now. 19 20 Council Member Mueller said that this Council continues to request things from Mr. Lee, but 21 does not want to provide him with the necessary Staff. She then said that Council would have to 22 accept that details will fall through the cracks if there is not enough Staff to complete the 23 requests. Mr. Lee stepped up to the plate to cover two positions for the last year, and it had to be 24 difficult requesting to fill the position since he has gotten overwhelmed. Council Member 25 Mueller indicated that it takes time to hire someone, so she does not want to delay for the sake of 26 saving a little bit in wages when it would burn out a good employee who needs the support. 27 28 Council Member Stigney amended his motion to hire in January 2008 but to begin the process 29 now. 30 31 Council Member Mueller said that Council needs a wish list from Mr. Lee to ensure that the 32 candidate that comes in will be able to take on the duties that need to be handled. 33 34 Council Member Stigney asked if this position could start as a foreman and upgrade to a 35 supervisor upon the retirement that is coming up. 36 37 Director Lee said that he needs someone with administrative and supervisory skills that are 38 slightly different than what Staff has historically done, rather than a working Public Works 39 Foreman. 40 41 Council Member Mueller asked whether the existing secretarial staff would be able to support 42 both supervisors. 43 44 Director Lee said that they should be able to. 45 Mounds View City Council September 10, 2007 Regular Meeting Page 16 1 Council Member Stigney asked if the person could be used as a working foreman until the 2 supervisory is needed. 3 4 Director Lee indicated he is proposing moving away from a working foreman, and toward a 5 supervisory and administrative person. He then said that he has not been over to public works 6 for a month. There are people stepping up to help out but, they do not have the skill sets to do all 7 the duties of a supervisory position. 8 9 Ayes – 4 Nays – 0 Amendment carried. 10 11 12 E. Resolution 7153, Appointing Jim Ericson as Interim City Administrator 13 14 Council Member Mueller said that she has received a number of telephone calls regarding the 15 discussion at the work session, and a lot of people came away with the impression that the City 16 was appointing Jim as the new City Administrator. Council Member Mueller clarified that this is 17 an interim position, and it will be posted for, and Jim would apply and compete with the other 18 applicants for it. 19 20 MOTION/SECOND: Mueller/Hull. To Waive the Reading and Approve Resolution 7153, 21 Appointing Jim Ericson as Interim City Administrator. 22 23 Council Member Stigney said that Council agreed to not spend $9,000 on a search and offer the 24 job to Jim in the interim and, if the duties are handled, then the job goes to Mr. Ericson. 25 26 Council Member Hull agreed. 27 28 Mayor Marty said that he was in the minority position. He then said that he would like to call an 29 executive session concerning this personnel matter, because he has had emails and phone calls in 30 this regard. 31 32 Council Member Mueller said that she thought there was discussion of three companies who 33 offered to do an executive search, and Council discussed that there was not a need to do that, but 34 understood that there were vehicles where the position could be posted. She then said that she 35 knows that Mr. Ericson has done a great job in the past. She knows he would welcome the 36 competition, and she feels this position should be posted for the residents and Jim who deserves 37 to know he would have gotten the position as the best candidate, not just the cheapest way to get 38 the job filled. 39 40 Mayor Marty indicated that was his suggestion, and no one else went along with it. He then said 41 that he wants to avoid the appearance of special treatment or just taking the easiest candidate, and 42 the costs for an executive search would be offset by not having an Administrator salary to pay for 43 a few months. 44 45 Mounds View City Council September 10, 2007 Regular Meeting Page 17 Administrator Ulrich suggested that the employee be in attendance at the executive session. 1 Council agreed. 2 3 Council Member Stigney said that he does not want to pay $9,000 to hire an executive search 4 firm. He then said he supports the interim position. 5 6 Ayes – 4 Nays – 0 Motion carried. 7 8 F. Resolution 7154, Approving Additional Compensation for Assistant to the 9 Administrator Desaree Crane 10 11 Council Member Mueller indicated that she pulled this for discussion to emphasize the City is in 12 a situation where City Staff is stepping up to do dual duty and she appreciates that, and feels the 13 additional compensation is appropriate. 14 15 MOTION/SECOND: Mueller/Hull. To Waive the Reading and Approve Resolution 7154, 16 Approving Additional Compensation for Assistant to the Administrator Desaree Crane. 17 18 Administrator Ulrich pointed out that there is an Amended Resolution and pointed out the 19 amended section. 20 21 Ayes – 4 Nays – 0 Motion carried. 22 23 H. Resolution 7156, Approving an Annual Service Agreement with Trane 24 Building Services for City Hall HVAC Maintenance 25 26 Council Member Stigney asked if there is some way to have staff people to train for this rather 27 than hiring an outside service. 28 29 Public Works Director Lee indicated that there is no one that is trained for this, and it would 30 require schooling to be trained for HVAC work. There is an employee that has stepped up to be 31 the boiler license holder, so that has been removed from the service contract. 32 33 MOTION/SECOND: Hull/Stigney. To Waive the Reading and Approve Resolution 7156, 34 Approving an Annual Service Agreement with Trane Building Services for City Hall HVAC 35 Maintenance. 36 37 Ayes – 4 Nays – 0 Motion carried. 38 39 9. JUST AND CORRECT CLAIMS 40 41 Mayor Marty on Page 5, BRAA the Random Park Building $1,333 and County Road 10 Trail 42 Sections 9 and 10 for $32,578 he would like an update. 43 44 Mounds View City Council September 10, 2007 Regular Meeting Page 18 Public Works Director Lee indicated that is payment to the consultants for work done April 30 1 through June 30 for those two projects. The Contractor has submitted a list of items for 2 additional claims and Staff is reviewing those items and will provide a recommendation to 3 Council. 4 5 Mayor Marty noted that they were working on the trailway and then disappeared, and Staff called 6 a meeting, and they started again, and the same thing happened, and they started working after 7 the meeting was scheduled. Mayor Marty noted that there was supposed to be substantial 8 completion by July 1 and there is a lot of work left to do. 9 10 Council Member Mueller asked about the $10,983.51 for the Streets and Utility Task Force. 11 12 Public Works Director Lee explained the invoice that lists what the costs cover. 13 14 Mayor Marty, on Page 14, Minnesota Department of Health water service connection fee. 15 16 Finance Director Beer indicated it is a surcharge to the state to administer the Federal Clean 17 Water Act. 18 19 Mayor Marty asked for information on the tree stump removal. 20 21 Director Lee explained the locations on city property where the stumps were removed. 22 23 Council Member Stigney asked about the payments to Fridley. 24 25 Finance Director Beer indicated that the payments are for sanitary sewer. 26 27 Council Member Mueller asked about Nord Excavating and what was excavated and where. 28 29 Director Lee explained there was a water service break on Rainbow Lane. 30 31 Director Lee indicated that there are two pay requests that were not included and he would like to 32 introduce them for consideration. Director Lee handed out the claims information to Council. 33 They are pay requests for current projects. The first is $188,746 for the seal coating project. 34 35 MOTION/SECOND: Mueller/Hull. To Approve Just and Correct Claims as Presented Including 36 the Two Items Submitted by Staff. 37 38 Ayes – 4 Nays – 0 Motion carried. 39 40 10. APPROVAL OF MINUTES 41 42 A. August 13, 2007 City Council Meeting Minutes 43 44 Mounds View City Council September 10, 2007 Regular Meeting Page 19 Mayor Marty: On Page 6, Line 9 add Line 12 Director Ericson stated that self-closing latches 1 and hinges are state code. Page 8, Line 18, Xcel’s position; Page 17, Line 2, Amundsen is 2 misspelled. Commas will be left with Staff. 3 4 Council Member Mueller indicated that Eichstad is misspelled. 5 6 MOTION/SECOND: Marty/Mueller. To Approve the August 13, 2007 City Council Minutes as 7 Amended. 8 9 Ayes – 4 Nays – 0 Motion carried. 10 11 11. REPORTS 12 13 A. Reports of Mayor and Council 14 15 Mayor Marty indicated he attended the football game with Irondale against Totino Grace and 16 Irondale won 21 to 20. This is the first time in 11 years that Irondale has beat Totino Grace and 17 he would like to congratulate the football team on their victory. 18 19 Council Member Mueller indicated that during the half time performance the Irondale Marching 20 Knights performed their Minnesota State Fair routine. She then reminded the public that on 21 Saturday, September 29, 2007 there will be Music of the Night performance where 16 other 22 schools compete from south Dakota, Iowa, Wisconsin and Minnesota. 23 24 Council Member Stigney asked for a status on the green tint on the display. 25 26 Finance Director Beer indicated that part of the issue is the lights, and that is what Staff has been 27 told. 28 29 Mayor Marty indicated that there is some diagnostic equipment that can be used, and Staff is 30 working with CTV-15 to use that equipment. 31 32 Council Member Stigney said that this has been going on for weeks and he would like it to be 33 addressed. 34 35 Administrator Ulrich indicated that this has been a priority for Staff as well, but it has been 36 difficult to diagnose the problem. Staff will continue to look into it. 37 38 B. Reports of Staff 39 1. Police Department Quarterly Report 40 41 Chief Sommer provided a quarterly report for April through June 2007. Chief Sommer 42 summarized the information on the report for Council. 43 44 Mounds View City Council September 10, 2007 Regular Meeting Page 20 Council Member Mueller said that the report was very well done and asked that the report be 1 posted on the website for resident review. 2 3 Council Member Mueller indicated that last week there was an incident at Mounds View Square 4 and responding Officer Wolf conducted himself well and successfully tracked down the person 5 that created the disturbance. 6 7 Mayor Marty asked where the fire calls are listed on the report. 8 9 Chief Sommer explained that would fall under assisting another agency. 10 11 Mayor Marty asked who writes the police reports for the newspaper. 12 13 Chief Sommer indicated that the newspaper reporter does that after they receive the police report. 14 15 Mayor Marty indicated he went past Pinewood School and there were no cars parked in the no 16 parking zone, and there was a squad making sure there was no one parked there. Mayor Marty 17 thanked the Chief for the enforcement. 18 19 2. City Administrator Report 20 21 Administrator Ulrich indicated that he received a letter from the Food Shelf thanking the City for 22 the donation of $150.00. 23 24 Administrator Ulrich noted that the Medtronic estimated market value was put together at 25 $13,545,000. for the land and a partial building value at $44,100,000. 26 27 Administrator Ulrich indicated that Medtronic has asked the City to allow them to aerate the 28 pond to keep the water clean without using chemicals to prevent it from filling in. Staff supports 29 that request but would look to have a maintenance agreement for liability purposes. 30 31 Administrator Ulrich said that it has been an honor to be the City Administrator for the last four 32 years. Administrator Ulrich wished Council Members well. Administrator Ulrich thanked all 33 City Staff for the years of providing service to the residents. 34 35 Mayor Marty thanked Mr. Ulrich for his years of service. 36 37 Council Member Mueller also thanked Mr. Ulrich for the years of service to the City. 38 39 C. Reports of City Attorney 40 41 None. 42 43 12. Next Council Work Session: Tuesday, October 1, 2007, at 7:00 p.m. 44 Next Council Meeting: Monday, September 24, 2007 at 7:00 p.m. 45 Mounds View City Council September 10, 2007 Regular Meeting Page 21 1 13. ADJOURNMENT 2 3 The meeting was adjourned at 11:10 p.m. 4 5 Transcribed by: 6 7 8 Joan Lenzmeier, Recording Clerk 9 TimeSaver Off Site Secretarial, Inc. 10 PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Executive Session Date: 09/24/07 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 Time: 635pm 1. 6:35pm EXECUTIVE SESSION IS CALLED TO ORDER 2. ROLL CALL: Mayor Marty, Council Members Stigney, Flaherty, Hull and Mueller. Assistant to the City Administrator Desaree Crane, and City Attorney Scott Riggs 3. EVALUATION OF AN INDIVIDUAL SUBJECT TO THE COUNCIL’S AUTHORITY Mounds View City Council evaluated a potential internal candidate for the City Administrator Position. 4. 7:08pm MEETING ADJOURNED Respectfully Submitted: Desaree M. Crane Assistant to the City Administrator PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting October 8, 2007 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 7:00 P.M. 1. MEETING IS CALLED TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Stigney, Hull, Mueller, Flaherty NOT PRESENT: Marty 4. APPROVAL OF AGENDA A. Monday, October 8, 2007 City Council Agenda MOTION/SECOND: Flaherty/Hull. To Approve the Monday, October 8, 2007 City Council Agenda as Presented. Ayes – 4 Nays – 0 Motion carried. 5. PUBLIC INPUT Tom Winiecki of Sherwood Road addressed the Council and asked that the town hall for the streets program meeting be held on a Saturday not a Monday. 6. SPECIAL ORDER OF BUISNESS None. 7. COUNCIL BUSINESS A. Public Hearing to Receive Public Input and Pass Resolution 7166, Adopting a Special Assessment Levy for Delinquent Public Utility Accounts Finance Director Beer indicated that this is similar to the previous item in that it adopts a special assessment, except this would be for deceased tree removals. Mounds View City Council October 8, 2007 Regular Meeting Page 2 Acting Mayor Stigney opened the public hearing at 7:06 p.m. Finance Director Beer explained that Resolution 7166 would approve a one-year special assessment for delinquent public utilities and this Resolution is consistent with past procedures. Hearing no public comments, Acting Mayor Stigney closed the public hearing at 7:07 p.m. Council Member Flaherty said that he highlighted 25 properties that were either institutions or rental properties. He then said that these companies should not be delinquent on their utilities and he would like to increase the $35 administrative fee to cover true costs for this process. Finance Director Beer explained that a lot of these are foreclosures. Council Member Mueller would like to look at the Code. MOTION/SECOND: Hull/Mueller. To Waive the Reading and Approve Resolution 7166, Adopting a Special Assessment Levy for Delinquent Public Utility Accounts. Ayes – 4 Nays – 0 Motion carried. B. Public Hearing to Receive Public Input and Pass Resolution 7167, Adopting a Special Assessment Levy for Diseased Tree Removals Acting Mayor Stigney opened the public hearing at 7:14 p.m. Hearing no public comments, Acting Mayor Stigney closed the public hearing at 7:15 p.m. Council Member Mueller clarified that the City has taken care of tree removal and this is the expense that the resident must pay. MOTION/SECOND: Mueller/Flaherty. To Waive the Reading and Approve Resolution 7167, Adopting a Special Assessment Levy for Diseased Tree Removals. Council Member Flaherty indicated that he was wondering if there is an avenue for the homeowners to seek assistance with paying for these amounts. Tom Winiecki asked if the resident has three years to take down a diseased tree. Finance Director Beer explained that they are immediately taken down and the resident has three years to pay for the costs to do so. Ayes – 4 Nays – 0 Motion carried. C. Public Hearing to Receive Public Input and Pass Resolution 7168, Adopting a Special Assessment Levy for Charges Abating a Nuisance Condition Mounds View City Council October 8, 2007 Regular Meeting Page 3 Finance Director Beer indicated this item too was to adopt a special assessment, and this would be for charges relating to the abatement of nuisance conditions at specific properties. Acting Mayor Stigney opened the public hearing at 7:18 p.m. Margaret Leutboushouof 2263 County Road H2 indicated that they recently bought this property and were unaware of these charges, and she has talked to Staff about this to see if there is any way to get this resolved. She then said that they bought the property and were told that there were no outstanding issues, and they have had to pay for garbage and delinquent utilities and now this. Hearing no further public comments, Acting Mayor Stigney closed the public hearing at 7:20 p.m. Interim Administrator Ericson explained that this has happened before and the recourse was for the buyer to take action against the previous property owner. In the past, the City has not reduced or waived the assessments. Council Member Flaherty said that this surprises him, and he wonders how that previous property owner could get away with this. Council Member Flaherty indicated that he would like Staff to contact the title company regarding this. A member of the audience recommended that the property owner check with her title insurance company as, if she purchased title insurance, they should pay this amount. Ms. Labanshio indicated that she did call the title company, and they told her that they called the City and were told that nothing was pending. Council Member Mueller asked her when she purchased the property. Ms. Labanshio indicated that the property was purchased in May. MOTION/SECOND: Mueller/Hull. To Waive the Reading and Approve Resolution 7168, Adopting a Special Assessment Levy for Charges Abating a Nuisance Condition. MOTION/SECOND: Flaherty/Mueller. To Amend to Not Include Ms. Labanshio Until Further Information is Received on This Property. Acting Mayor Stigney explained that this is a private matter between this owner and the previous owner and should not be a City problem. Ayes – 2 Nays – 2(Stigney/Hull) Amendment failed. Mounds View City Council October 8, 2007 Regular Meeting Page 4 Ayes – 4 Nays – 0 Original Motion carried. D. Public Hearing to Receive Public Input and Pass Resolution 7169, Adopting a Special Assessment Levy for the Hidden Hollow South Utility and Street Improvement Project Acting Mayor Stigney opened the public hearing at 7:35 p.m. Hearing no public comments, Acting Mayor Stigney closed the public hearing. MOTION/SECOND: Mueller/Hull. To Waive the Reading and Approve Resolution 7169, Adopting a Special Assessment Levy for the Hidden Hollow South Utility and Street Improvement Project. Ayes – 4 Nays – 0 Motion carried. E. Resolution 7171, Step Increase for Brett Brisbois, Mounds View Public Works Employee MOTION/SECOND: Hull/Flaherty. To Approve Resolution 7171, Step Increase for Brett Brisbois, Mounds View Public Works Employee. Interim Administrator Ericson read Resolution 7171, Step Increase for Brett Brisbois, Mounds View Public Works Employee. Ayes – 4 Nays – 0 Motion carried. F. Resolution 7173, Approving a Candidate for the Economic Development Specialist Position Interim Administrator Ericson provided information on the proposed candidate for the Economic Development Specialist Position, Ms. Heidi Steinmetz.. The Mayor has spoken to Ms. Steinmetz and feels comfortable with the recommendation to hire her. MOTION/SECOND: Flaherty/Mueller. To Waive the Reading and Approve Resolution 7173, Approving the Candidate for the Economic Development Specialist Position. Acting Mayor Stigney said that starting someone out at Step 5 does not allow for any growth and it concerns him to take a candidate that is taking a step down in responsibility to come to the City. Ayes – 4 Nays – 0 Motion carried. 8. CONSENT AGENDA Mounds View City Council October 8, 2007 Regular Meeting Page 5 A. Licenses for Approval B. Resolution 7170 Approving Reapportionment of Assessments for Scotland Green Apartments C. Resolution 7172 Authorizing Execution of Consent Letter for T-Mobile Equipment Addition Council Member Flaherty requested that Item B be removed for discussion. MOTION/SECOND: Mueller/Flaherty. To Approve Consent Agenda Items A, and C as Presented. Ayes – 4 Nays – 0 Motion carried. B. Resolution 7170 Approving Reapportionment of Assessments for Scotland Green Apartments Council Member Flaherty asked for an explanation of this request. Finance Director Beer explained that this is an administrative request from the County since there has been a request to consolidate the assessments into one single assessment. MOTION/SECOND: Flaherty/Mueller. To Waive the Reading and Approve Resolution 7170, Approving Reapportionment of Assessments for Scotland Green Apartments. Ayes – 4 Nays – 0 Motion carried. 9. JUST AND CORRECT CLAIMS Council Member Flaherty asked if the new squad equipment was budgeted for. Staff explained that it was. Council Member Flaherty, on Page 10 for the pencils. Staff explained that these pencils were purchased with the DARE funds and these are pencils that are handed out to the students. Acting Mayor Stigney, on Page 7 lawn care and he would like to know if this is the last lawn mowing at 8310 Eastwood Road. Interim Administrator Ericson indicated that this does not include the mowing done at 8310 Eastwood Road. Acting Mayor Stigney said that he would like to review the work done by this contractor to ensure that the job is being done properly; otherwise, the City should locate another contractor. MOTION/SECOND: Mueller/Hull. To Approve Just and Correct Claims as Presented. Mounds View City Council October 8, 2007 Regular Meeting Page 6 Ayes – 4 Nays – 0 Motion carried. 10. APPROVAL OF MINUTES A. August 27, 2007 City Council Minutes Interim Administrator Ericson indicated that a revised set was provided which included Mayor Marty’s comments. MOTION/SECOND: Mueller/Flaherty. To Approve the August 27, 2007 City Council Meeting Minutes as Presented. Ayes – 4 Nays – 0 Motion carried. B. September 10, 2007 City Council Minutes MOTION/SECOND: Flaherty/Mueller. To Approve the September 10, 2007 City Council Meeting Minutes as Presented. Ayes – 4 Nays – 0 Motion carried. C. September 24, 2007 Executive Session Minutes Council Member Hull pointed out that there were wrong Council Members names in the Minutes which will need to be corrected. Acting Mayor Stigney said that the minutes should read instead that the Council discussed concerns Mayor Marty had about a potential internal candidate for the City Administrator position. MOTION/SECOND: Stigney/Hull. To Approve the September 24, 2007 Executive Session Minutes with the suggested revision. MOTION/SECOND: Mueller/Flaherty. To Amend Council Member Stigney’s Motion to state instead that the Mounds View Council discussed a potential internal candidate for the City Administrator position. Ayes – 3 Nays – 1(Stigney) Amendment carried. Ayes – 3 Nays – 1(Stigney) Amended Motion carried. 11. REPORTS A. Reports of Mayor and Council Mounds View City Council October 8, 2007 Regular Meeting Page 7 Council Member Mueller reported that the Open Houses for the Fire Department are October 13, 2007 from 12:00 to 2:00 p.m. and on October 14, 2007 from 1:00 to 4:00 p.m. Council Member Mueller indicated that she received the opinion from Attorney Riggs on the Charter and thanked him for the information. Council Member Mueller said that the Irondale Marching Band came in first place in their class, got the highest scores in their class, and scored the highest ever at the competition in Iowa. Council Member Flaherty indicated that there is a flooding issue on the new trailway and he would like Staff to comment on that. Public Works Director Lee explained that the area in question was designed to infiltrate and the plan to correct that would be to dig an infiltration trench with clear rock to allow room for draining the area. Acting Mayor Stigney said that the City Attorney letter did not discuss whether it would be possible to refund previous special assessments and whether there would be petitioning rights for residents. B. Reports of Staff 1. Xcel Energy Gas Main Permit Update Public Works Director Lee indicated that the permit was issued and then updated the Council on the project to date. 2. 2009/2010 Street Project – Authorize Data Collection/Rain Gardens Public Works Director Lee provided information on the data collection and rain garden program development. Council Member Mueller asked if there are any grant programs for assistance with implementing rain gardens. Director Lee indicated that Staff is not aware of any at this time. MOTION/SECOND: Flaherty/Mueller. To Authorize Staff to Work with a Consultant on a Rain Garden Program. Ayes – 4 Nays – 0 Motion carried. 3. Street and Utility Improvement Program Proposal – Announce Upcoming Meetings Mounds View City Council October 8, 2007 Regular Meeting Page 8 The upcoming meetings on the Street and Utility Improvement Program are scheduled for October 15, 2007 and October 22, 2007 at 7:00 p.m. C. Reports of City Attorney None. 12. Next Council Work Session: Tuesday, November 5, 2007, at 7:00 p.m. Next Council Meeting: Monday, October 22, 2007 at 7:00 p.m. 13. ADJOURNMENT The meeting was adjourned at 8:18 p.m. Transcribed by: Joan Lenzmeier, Recording Clerk TimeSaver Off Site Secretarial, Inc.