HomeMy WebLinkAboutAgenda Packets - 2006/01/23
CITY OF MOUNDS VIEW
CITY COUNCIL MEETING AGENDA
NEW BRIGHTON CITY HALL
Monday, January 23, 2006
7:00 p.m.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL: Marty, Stigney, Gunn, Flaherty, Thomas
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. 7:05pm Public Hearing for the Second Reading on Ordinance 767, an Ordinance Implementing a Franchise
Fee on Xcel Energy Electric and Natural Gas Operations within the City of Mounds View for the Year 2006.
(ROLL CALL VOTE)
B. 7:10pm Public Hearing Second Reading on Ordinance 768, an Ordinance Implementing a Franchise Fee
on Center Point Energy Natural Gas Operations within the City of Mounds View for the Year 2006. (ROLL
CALL VOTE)
C. Review Request From Tom Belting to Allow Proof Of Parking at the Community Center
D. Resolution 6721 Step Increases for Sgt Steve Menard and Officer Peter Berling.
E. Resolution 6722 Adopting the Advertising and Mounds View Newsletter Policy.
F. Resolution 6719 Writing off uncollectible accounts.
G. Resolution 6723 Authorization to Hire Full-time Temporary Building Inspector
H. Review Proposed schedule for joint meeting with various Mounds View Boards and Commission Members.
I. Resolution 6726 Awarding a Contract for the Installation of a Security Card Reading System at City Hall and
the Community Center
J. Resolution 6725 Authorizing Execution of an Easement Agreement with Medtronic Inc.
8. CONSENT AGENDA
A. Licenses for Approval
B. Resolution 6724 Revising the Mounds View Personnel Manual to add Section 3.50, Authorizing Uniform
Allowances for non-union Public Works and Police Department employees.
9. JUST AND CORRECT CLAIMS
10. APPROVAL OF MINUTES
A. January 9, 2005, City Council Meeting.
11. REPORTS
A. Reports of Mayor and Council
B. Reports of Staff
1. 2005 Year in Review – Community Development
C. Reports of City Attorney
12. Next Council Work Session: Monday, January 30, 2006 @7pm (February Work Session)
Next Council Meeting: Monday, February 13, 2006 @7pm
Item No: 7C
Meeting Date: Jan 23, 2006
Type of Business: CB
Administrator Review : ____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: James Ericson, Community Development Director
Item Title/Subject: Consider Request to Utilize the Community Center
Parking Lot for Proof of Parking Associated with the
Belting Office Building
Introduction:
On October 10, 2005, the City Council approved Resolution 6633 which approved a single
story, 8,300 square foot office development for Dr. Greg Belting. Dr. Belting would relocate
his practice from Silverview Plaza to his new building and then market the excess space to
other area professionals. Regardless of the end users, the space would need to be utilized
primarily as “Office” per the PUD allowances for this site.
Discussion:
The resolution of approval identified a number of conditions relating to the project which
would need to be satisfied before construction could proceed. One such provision—share
parking—has proven difficult to overcome at this point, prompting Dr. Belting to return to the
Council for reconsideration:
1. The applicant shall execute a cross access, joint parking and maintenance
agreement with the owner of the Walgreens site and provide a copy of said
document to the City for its records.
The owner of the Walgreens site and Walgreens are presently not consenting to any shared
parking arrangements for the site which leaves Dr. Belting in the position to seek
authorization from the City Council to waive the provision of the seven stalls the site is
deficient or to seek approval to utilize the Community Center parking lot as the location of the
seven missing stalls.
The typical parking requirements for an office type use are 8 stalls plus one stall per every
175 square feet of leased office space. For an office building with a gross area of 8300
square feet, 55 parking stalls would need to be provided. Because the City calculates
parking needs on a net basis, factoring out bathrooms, mechanical areas, entryways,
stairwells and other similar areas, the number of required stalls at the Belting building
decreases to 50. The site plans indicate provision of 43 stalls; the remaining seven stalls
were to be available on the adjacent Walgreens site. In reality, the 43 stalls provided for the
building would likely be adequate to meet the expected demands.
Dr. Belting requests that the Council consider three options relating to his parking
dilemma:
1. Waive the requirement to provide the additional 7 stalls
2. Allow proof of parking on the Community Center parking lot
3. Amend the PUD to require only 43 stalls for the 8,300 square foot building
Belting Request
Jan 23, 2006
Page 2
Regarding the first option, the City Council should not simply waive the requirement to
provide the additional seven stalls as this would be precedent-setting and could be viewed
as an arbitrary decision by the City. A more appropriate solution might be for Dr. Belting to
apply for a variance which would be considered by the Planning Commission. The Planning
Commission only grants variances when there is demonstrable hardship, which in this case
may be evident.
Regarding the second option, Dr. Belting proposes that the seven stalls be made available
on the Community Center site. In all likelihood, there would not be the need to ever utilize
the spaces. Regardless, the seven most distant stalls from the Community Center could be
designated as overflow for Belting. In return for this consideration, Dr. Belting would be
willing to install a sidewalk to connect the two properties (which seems like a good idea
regardless) as well as possibly more landscaping. The Council may not support such an
encumbrance onto the Community Center property.
The last option would necessitate a further amendment to the Walgreens PUD to simply
identify the required number of parking stalls on the Belting site as 43, if developed
according to the approved plans of October 10, 2005. This option would be the most
straightforward and recognizes the fact that the site is within a PUD and as such certain
flexibility is possible (such as with parking) that would not otherwise be possible. Of the
three options, Staff recommends this third choice, but would further recommend that Dr.
Belting install a connecting sidewalk between the two properties if feasible. It may not be
feasible to have a sidewalk lead into a bank of parking stalls however without adequate
space to walk between the cars. Staff will investigate this feasibility and report back to the
Council Monday evening.
Recommendation:
Dr. Belting requests that the City Council consider an action to either reduce the number of
parking stalls required for his office building between Walgreens and the Community center
or allow proof of parking to be identified on the Community Center site. Staff feels
comfortable that there are a sufficient number of parking stalls on the site to satisfy the
demands of the office tenants, a belief shared by Dr. Belting, and would support an
amendment to the PUD. If the Council is opposed to any of the options, Dr. Belting would
need to scale back the size of the building to adjust for the parking limitations. Staff is
seeking the Council’s direction regarding this request.
Respectfully submitted,
________________________
James Ericson
Community Development Director
Zoning Map
Aerial View
Belting
Site
Approved Site Plan Proposed Sidewalk
to Community Center
Walgreens
Belting
Building
Item No: 07D
Meeting Date: January 23, 2006
Type of Business: CB
City Administrator Review: _____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Desaree Crane, Administrative Assistant
Item Title/Subject: Resolution 6721 Approving Step Increases for Sergeant Steve
Menard and Officer Peter Berling
Background:
Sergeant Steve Menard and Officer Jeremy Berling are current employees with the City
of Mounds View. Their supervisor have reviewed their performances as it relates to
their responsibilities outlined in the job description.
Discussion:
It was determined that both Sergeant Menard and Officer Berling have more than
satisfactorily performed in the capacity of their position, and therefore, a step increase
wage adjustment is consistent with the Personnel Manual and Labor Agreements.
Respectfully Submitted,
Desaree Crane
RESOLUTION 6721
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
APPROVING STEP/LONGEVITY ADJUSTMENTS
WHEREAS, the following below are regular full-time employees who are
currently working for the City of Mounds View; and
WHEREAS, their supervisor reviewed their performance as it relates to the
responsibilities outlined in the job description; and
WHEREAS, their supervisor determined that the following employee below have
more than satisfactorily performed in the capacity of their position documented in their
performance review on file.
WHEREAS, a step increase wage adjustment is consistent with the Mounds
View Personnel Manual and Labor Agreements.
NOW, THEREFORE BE IT RESOLVED that the Mounds View City Council does
hereby approve a wage adjustment to the following indicated in the chart below.
NAME CURRENT
POSITION
DATE OF
EMPLOYMENT/CURRENT
POSITION
CURRENT STEP &
WAGE
STEP & WAGE
ADJUSTMENT
EFFECTIVE
DATE OF
ADJUSTMENT
Sergeant
Steve Menard
Police Sergeant Date of Current Position:
July 4, 2005
Step 3: $30.25/hr Step 4:
$31.93/hr
January 4, 2006
Officer Peter
Berling
Police Officer Date of Employment:
August 1, 2005
Step 1: $17.70/hr Step 2:
$19.06/hr
February 1,
2006
Adopted this 23rd day of January, 2006.
__________________________________
Rob Marty, Mayor
ATTEST:
__________________________________
Kurt Ulrich, City Administrator
(seal)
Item No: 07E
Meeting Date: November 24, 2003
Type of Business:
City Administrator Review: _____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Desaree Crane, Administrative Assistant
Item Title/Subject: Resolution 6722 Adopting the Mounds View Matters Advertising
and Newsletter Policy
At the January 3, 2006 Work Session, Staff provided a report from the Minnesota
State Auditor in regard to newsletter publication. In light of this report, Staff
recommended to the City Council to adopt a formal policy in order to assist in
compliance with future newsletters. Staff added this policy to the Mounds View
Advertising Policy, which was adopted by the City Council on November 24, 2003.
Recommendation
Staff recommends adopting Resolution 6722, Adopting the Mounds View Matters
Newsletter and Advertising Policy.
Respectfully submitted,
Desaree Crane
MOUNDS VIEW MATTERS
NEWSLETTER AND ADVERTISING POLICY
NEWSLETTER POLICY
The State Auditor reviewed a number of local government newsletters to see
whether cities have complied with Minnesota State Statute Section 471.68.
According to a written report by the Minnesota State Auditor in 2005, the State
Auditor’s office recommended some guidelines for city offices to consider when
publishing a city newsletter. They are as follows:
• Avoid personal photographs of elected officials
• Avoid stating the person goals or accomplishments of particular elected
officials.
• Avoid personal, signed messages from elected officials.
• Avoid any other communication in the publication that would tend to attribute
it to the elected official and not the political subdivision.
If you are unsure that a certain picture or article should or should not be published in
the Mounds View Matters, then please contract the City Administrator.
ADVERTISING POLICY
The following rates are for advertising in the Mounds View Matters Newsletter for the
May/June, July/August, September/October, and November/December, 2006.
One issue Three Issues Six Issues
1/8 page $70.00 $210.00 $420.00
1/4 page $110.00 $325.00 $653.00
1/2 page $150.00 $440.00 $700.00
Deadlines:
Deadlines for Advertising are as follows:
May/June 2006 Newsletter: March 31, 2006
July/August 2006 Newsletter: June 1, 2006
September/October 2006 Newsletter: August 2, 2006
November/December 2006 Newsletter: October 3, 2006
Camera ready copy of the advertisement with payment are due no later than the
above dates.
Regulations:
Please contact the City at 763-717-4000, to place an ad.
Cancellation will not be accepted after the deadline.
All ads must be submitted in electronic form as a Microsoft Application. Ads may be
submitted by e-mail or by computer disk or CD-RW.
Given the negative public health and safety ramifications associated with the use of
liquor, particularly by minors, and the City’s sponsorship of the DARE program, the
City will not accept advertisements which promote liquor.
There is a preponderance of evidence about negative impact of tobacco usage on
the public health. The City will not accept advertisements, which relate to, or
promote the use of tobacco products in the Mounds View Matters.
The City will not accept advertisements from a political party, political candidate or
political issue group.
The City of Mounds View reserves the right to reject any advertisement that it deems
unacceptable for printing in a City publication.
RESOLUTION NO. 6722
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
APPROVING THE MOUNDS VIE MATTERS NEWSLETTER AND ADVERTISING
POLICY
WHEREAS, the City Council directed staff to develop a policy for the
Mounds View Newsletter outlining the guidelines specified by the Minnesota State
Auditor’s report; and
WHEREAS, the accompanying Mounds View Newsletter policy is
designed to ensure state compliance with city newsletter publication;
WHEREAS, Staff combined these guidelines to the Mounds View
advertising policy, which was adopted by the City Council per Resolution 6140; and
WHEREAS, the accompanying policy is designed to provide a
procedure for newsletter publication and newsletter advertising in the City
newsletter.
NOW, THEREFORE, BE IT RESOLVED that the City of Mounds View
adopts the attached policy for newsletter publication and advertising in the Mounds
View Matters City newsletter.
Adopted this 23rd of January, 2006.
Rob Marty Mayor
ATTEST:
Kurt Ulrich, City Administrator
(seal)
Item No: 7G
Meeting Date: Jan 23, 2006
Type of Business: CB
Administrator Review : _______
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: James Ericson, Community Development Director
Item Title/Subject: Resolution 6723, Authorization to Hire a Temporary Full-time
Building Inspector in the Community Development Department
Introduction:
With the approval of the Medtronic project and subsequent land sale, there is a need to hire
additional staff to deal with the workload created by the Medtronic project construction. The
Council authorized advertising for a full time temporary building Inspector on November 14, 2005.
On December 4, 2005, the posting was published online with the League of Minnesota Cities,
and in print in the Minneapolis Star Tribune. Applications for the position were received through
December 22, 2005.
Discussion:
We received twenty-two applications for this position, the majority of whom met the minimum
posted qualifications. Building Official Osmonson and I interviewed six of the top candidates and
agreed upon a top choice to fill the position, Isaac Stensland. Mr. Stensland is a certified building
official and is working in that capacity for the cities of West Lakeland and Afton, Minnesota. Mr.
Stensland has a background in construction and two and a half years of employment
experiences as a building inspector. While it was not advertised as such, all candidates
interviewed were fully apprised of the temporary nature of the full time position—Mr. Stensland
acknowledges this fact. It was communicated that we would expect the position to be necessary
for two years, however the position and his employment are subject to change at the Council’s
discretion.
The hourly wage scale for this position as negotiated by the City and the union is as follows:
Step 1: $19.96
Step 2: $21.21
Step 3: $22.46
Step 4: $23.70
Step 5: $24.95
Following our standard personnel policy practice, Mr. Stensland would begin employment at Step
1, with an increase to Step 2 after six months of employment. Step 3 would occur after 12
months of employment with Steps 4 and 5 due 12 months thereafter, respectively. (It should be
noted that the position may conclude prior to reaching Step 5.) Again, this step progression is as
outlined in the City’s personnel manual. It has further been noted to Mr. Stensland that his
employment would be contingent upon City Council authorization and satisfactory criminal
background checks. Personal and employment references were all found to be positive.)
Building Inspection Position
Jan 23, 2006
Page 2
Recommendation:
Staff is requesting Council authorization of the hire of Isaac Stensland to the position of
temporary full time building inspector in the Community Development Department under the
terms and conditions articulated in the attached Resolution 6723.
Respectfully submitted,
_____________________________________
James Ericson
Community Development Director
Attachments:
1. Resolution 6723
RESOLUTION NO. 6723
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION AUTHORIZING THE HIRE OF ISAAC STENSLAND TO THE
POSITION OF FULL-TIME, TEMPORARY BUILDING INSPECTOR WITHIN THE
COMMUNITY DEVELOPMENT DEPARTMENT
WHEREAS, the Mounds View City Council has given direction to advertise for the position
of full-time temporary building inspector within the Community Development Department; and,
WHEREAS, the position was posted and the City received twenty-two applications; and,
WHEREAS, Isaac Stensland possesses the necessary background, training and skills to
perform the duties assigned to this temporary, full-time position; and,
WHEREAS, Mr. Stensland shall be compensated at the rate of $19.96 per hour, Step 1 of
the negotiated wage schedule; and,
WHEREAS, Mr. Stensland’s employment shall begin on or after January 24, 2006; and,
NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does hereby
approve the hire of Isaac Stensland to the position of full-time, temporary building inspector
within the Community Development Department, subject to satisfactory background checks.
Adopted this 23rd day of January , 2005.
______________________________________
Rob Marty, Mayor
ATTEST:
______________________________________
Kurt Ulrich, City Administrator
(Seal)
Item No: 7H
Meeting Date: 01/23/06
Type of Business: Council Business
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Kurt Ulrich, City Administrator
Item Title/Subject: Review Proposed Schedule for Joint Meetings with Various
Mounds View Boards and Commissions
Background:
At the December work session the Council directed that joint meetings with each of the
City Commissions/Committees be established during the first part of this year.
Discussion:
After reviewing potential meeting dates with staff it was determined that reserving time
(e.g., one to two hours) on the regular Council work session meeting dates would allow
sufficient time to review priorities and discuss issues. Additional follow-up meetings
could be scheduled as necessary. An exception to the work session format would be
the Charter Commission that will need additional time to review proposed Charter
amendments that could be included as a possible referendum question for this year’s
general election ballot.
February 21st - Charter Commission (note: this is a Tuesday night due to the Monday
holiday that week).
March 6th - Park and Rec. Commission (we will have the MVCC Task Force Report this
night also)
April 3rd - Planning Commission
May 1st - Cable Committee, Economic Development Commission
Recommendation:
It is recommended that the City Council adopt the proposed schedule above and
forward to the Commissions and Committees for consideration. If the selected dates
don’t work for any of the groups, they may recommend alternative dates for Council
consideration.
Item No: 7J
Meeting Date: Jan 23, 2006
Type of Business: CB
Administrator Review: ____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: James Ericson, Community Development Director
Item Title/Subject: Consideration or Resolution 6725,a Resolution
Approving an Easement Grant to Medtronic, Inc.
Introduction:
When the City closed on the land sale to Medtronic, there was a limited Use Agreement
included in the closing documents as required by the Development Agreement (which had
been executed Aug 31, 2005) relating to the right of access over a portion of the “triangle
parcel.” The agreement was to allow the fire access road to cross over the City’s land as well
as to allow use of the existing trail as a tie-in with the trails on the Medtronic parcel. The
pedestrian trail would double as the means of access to Clear Channel Outdoor for
maintenance to Sign #6
Discussion:
The terms of the Development Agreement indicate that after the land sale was executed, the
limited use agreement for the fire access road and pedestrian trail would be redrafted into the
form of an easement. Kennedy & Graven has drafted the easement which is attached for the
Council’s review, along with the original limited use agreement. The attached map highlights
the areas covered under the easement document.
Recommendation:
Staff and the City Attorney recommend approval of Resolution 6725, a resolution approving
the execution of an easement over the triangle parcel for Medtronic, Inc.
Respectfully submitted,
________________________
James Ericson
Community Development Director
Site Map
RESOLUTION NO. 6725
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AUTHORIZING THE EXECUTION OF AN EASEMENT TO REPLACE A PREVIOUSLY
EXECUTED LIMITED USE AGREEMENT TO MEDTRONIC
WHEREAS, the City of Mounds entered Into an agreement to sell the land known as
the Bridges Of Mounds View to Medtronic on August 31, 2005; an,
WHEREAS, on October 24, 2005 the City and Medtronic closed on the land
transaction at which time Medtronic became the owner of the Bridges site; and,
WHEREAS, a Limited Use Agreement was executed to permit Medtronic’s fire access
road and pedestrian trail to cross city land known as the Triangle Parcel with the intention of
converting the agreement to a permanent easement as soon as it was practicable.
NOW THEREFORE, BE IT RESOLVED, that the City Council authorizes the
execution of an easement in favor of Medtronic to allow the placement of their fire access
road and pedestrian trail segment consistent with the approved plans and as shown in the
easement document attached as Exhibit A.
Adopted this 23rd day of January, 2006.
Rob Marty, Mayor
ATTEST:
Kurt Ulrich, City Administrator
(SEAL)
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1
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (the "Agreement") is made as of January __, 2006, by
and between the CITY OF MOUNDS VIEW, a Minnesota municipal corporation (the "City"), and
MEDTRONIC, INC., a Minnesota corporation ("Medtronic").
RECITALS
A. The City is the owner of property legally described on the attached Exhibit A (the
"Triangle Parcel").
B. Medtronic is the owner of property legally described on the attached Exhibit B (the
“Medtronic Property”).
C. Pursuant to the terms of that certain Purchase Agreement and Contract for
Development dated as of August 31, 2005 (the “Development Agreement”), Medtronic is required
to construct and maintain a fire road (the “Fire Road”) to serve as access to the Medtronic Property
for emergency vehicles.
D. Medtronic desires to use a portion of the Triangle Parcel and the City desires to grant
Medtronic the right to use a portion of the Triangle Parcel for the construction of the Fire Road, as
depicted on the attached Exhibit C and the maintenance thereof.
E. Pursuant to the Development Agreement, the City has assigned to Medtronic certain
lease agreements (the “Leases”) for various billboards that are located on the Medtronic Property
(the “Billboards”).
F. Pursuant to the Development Agreement and the Leases, the rent received from by
Medtronic has been assigned to the City.
G. Medtronic desires to have, and the City desires to grant, access across a portion of
the Triangle Parcel so that the Billboards may be maintained according to the terms and conditions
of the Leases.
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H. Pursuant to the terms of the Development Agreement, the City desires to grant
access rights to Medtronic so that Medtronic can connect their trail system to that of the City.
I. The City desires to grant to Medtronic the easements contemplated herein, according
to the terms and conditions contained herein.
AGREEMENT
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the City and Medtronic agree as follows:
1. Recitals. The recitals set forth above are incorporated into this Agreement by
reference.
2. Grant, Construction, Maintenance and Use of the Fire Road Easement. The City
hereby grants, bargains, sells and conveys to the present and any future owner of the Medtronic
Property, its employees, invitees, agents, tenants and guests, a perpetual easement for the
purpose of constructing, maintaining and using the Fire Road, as depicted on Exhibit C, for
ingress and egress of vehicular and pedestrian traffic (the “Fire Road Easement”). Medtronic
shall construct the Fire Road and shall be solely responsible for all maintenance and repair of the
Fire Road, including removal of snow and ice. The City shall have no responsibility for the
maintenance or repair of the Fire Road.
3. Grant of Billboard Access Easement. The City hereby grants, bargains, sells and
conveys to the present and any future owner of the Medtronic Property, its employees, invitees,
agents, tenants and guests, a perpetual easement for the purpose of ingress and egress of
vehicular and pedestrian traffic, extending over, upon and across the Triangle Parcel for the
purposes of accessing the Billboards as required by the Leases (the “Billboard Access
Easement”).
4. Grant of Trails Easement. The City hereby grants, bargains, sells and conveys to
the present and any future owner of the Medtronic Property, its employees, invitees, agents,
tenants and guests, a perpetual easement for the purpose of ingress and egress of pedestrian
traffic, extending over, upon and across the Triangle Parcel for the purposes of accessing any
trail system that exists now, or in the future, on the Triangle Parcel as contemplated in the
Development Agreement (the “Trail Access Easement”).
5. Indemnification. Medtronic shall at all times indemnify and hold harmless the City
from any and all claims for damages, including costs and attorney fees, arising from or by reason of
the Fire Road Easement, the Billboard Access Easement and the Trail Access Easement. the design,
construction, maintenance and use of the Fire Road and/or Medtronic’s access to the Billboards.
Nothing in this Agreement shall be construed as a waiver by the City of any immunities, defenses,
or other limitations on liability to which the City is entitled by law, including but not limited to the
maximum monetary limits on liability established by Minnesota Statutes, Section 466.04.
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6. Covenants Running with the Land; Successors and Assigns. The terms of this
Agreement shall constitute covenants running with the land and shall inure to the benefit of and
be binding upon the parties and their respective successors and assigns. This Agreement is not
intended to supersede, modify, amend or otherwise change the provisions of any prior instrument
affecting the land.
[Remainder of page left intentionally blank.
Signature pages to follow]
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IN WITNESS WHEREOF, Medtronic and the City have executed this Easement Agreement as of
this ___ day of January, 2006.
CITY OF MOUNDS VIEW, a Minnesota
municipal corporation
By _________________________
Its ___________________
And _________________________
Its ____________________
STATE OF MINNESOTA )
) ss.
COUNTY OF RAMSEY )
On this ________ day of January, 2006, before me, a notary public within and for ________
County, personally appeared Rob Marty and Kurt Ulrich, to me personally known who by me duly
sworn, did say that they are the Mayor and City Clerk-Administrator of the City of Mounds View,
Minnesota (the "City") named in the foregoing instrument; that said instrument was signed on
behalf of said City pursuant to a resolution of its governing body; and said Rob Marty and Kurt
Ulrich acknowledged said instrument to be the free act and deed of said City.
_________________________
Notary Public
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MEDTRONIC, Inc., a Minnesota
corporation
By _________________________
Its ___________________
STATE OF MINNESOTA )
) ss.
COUNTY OF )
On this ________ day of January, 2006, before me, a notary public within and for
___________ County, personally appeared ____________________ , to me personally known who
by me duly sworn, did say that ___ is the ______________________ of Medtronic, Inc., a
Minnesota corporation for and on behalf of said corporation .
_________________________
Notary Public
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EXHIBIT A
(Legal Description of Triangle Parcel)
That part of Outlot A, SYSCO, Ramsey County, Minnesota, which lies easterly of the following
described line:
Beginning at a point on the east line of said Outlot A, said point also being the most westerly
corner of Outlot A, NORTH STAR INDUSTRIAL PARK 2ND ADDITION, Ramsey County,
Minnesota; thence southwesterly to the intersection with the southerly line of said Outlot A,
SYSCO, and the northerly right of way line of U.S. Highway NO. 10 and said line there
terminating.
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EXHIBIT B
(Legal Description of the Medtronic Property)
Lots 1-5 and Outlot A, Medtronic CRM Addition
Ramsey County, Minnesota
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EXHIBIT C
(Depiction of the Fire Road and Pedestrian Trail)
Fire
Access
Road
SYSCO OUTLOT A
Pedestrian
and Billboard
Access Trail
Item No: 08A
Meeting Date: January 23, 2006
Type of Business: CA
City Administrator’s Review: _______
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Barb Benesch, Administrative Assistant
Item Title/Subject: CONTRACTOR LICENSES FOR APPROVAL
Please consider the following contractor licenses for approval. All contractor licenses will
expire on December 31, 2006. All applicants have submitted appropriate fees and proof of
insurance. Those companies that are “new” include applicants that have never been licensed
with the City or they may have been licensed with the City in the past, but were not licensed in
2005. Those companies renewing their license were licensed, at a minimum, in the year 2005.
The type of license they are applying for follows the company name.
Air Corps, LLC HVAC New
Air Mechanical, Inc HVAC Renewal
Albers Mechanical Contractors, Inc. HVAC Renewal
Alliance Mechanical Services, Inc. HVAC Renewal
Alpine Asphalt, Inc. Asphalt Renewal
Apollo Heating and Ventilating Corp. HVAC Renwal
Arkay Construction Company General
(Commerical)
Renewal
Arrow Fence Co. Fence Installation Renewal
Asphalt Driveway Co. Asphalt Renewal
Associated Mech Contr. Inc HVAC Renewal
Automatic Garage DOA & Fireplaces HVAC Renewal
CenterPoint Energy Resources Corp. d/b/a CenterPoint
Energy Minnesota Gas
HVAC Renewal
Centraire HVAC Renewal
Clear Channel Outdoor Sign Installation Renewal
Consolidated Mechanical Contractors, Inc HVAC New
Dave’s Heating & Air HVAC Renewal
Design 1 of Edina, LTD. General
(Commercial)
Renewal
DMJ Corporation Asphalt Renewal
Fed Tech General
(Commercial)
Renewal
Forced Air Inc. dba Wenzel Heating & Air Conditioning HVAC Renewal
Frattalone Paving, Inc Asphalt Renewal
Gartner Refrigeration & Manufacturing, Inc HVAC Renewal
G-Hvac HVAC New
Gilbert Mechanical Contractors, Inc HVAC Renewal
Grant Untilities Inc Sewer/Water Renewal
Harris Companies, Inc. HVAC Renewal
Hearth & Home Technologies dba Fireside Hearth & Home HVAC Renewal
Hoffman Refrigeration & Heating HVAC Renewal
Home Energy Center HVAC Renewal
Identi-graphics, Inc. Sign Installation Renewal
Jay Bros.inc Demolition New
Kath HVAC HVAC Renewal
KB Mechanical. Inc HVAC Renewal
Kraus-Anderson Construction Company General
(Commerical)
Renewal
Krinkie Heating & Air Conditioning HVAC Renewal
L &D Maintenance Co. Inc
General
(Commerical)
Renewal
Larson Plumbing & Heating, Inc HVAC Renewal
M.A. Mortenson Company General
(Commerical)
Renewal
Master Mobile Home Service, Inc HVAC Renewal
Mobile Maintance, Inc. HVAC Renewal
MP Nexlevel, LLC Excavation Renewal
Omega Commercial Construction, Inc. General
(Commerical)
Renewal
Opus Northwest Construction L.L.C General
(Commerical)
Renewal
P & M Services Co, Inc HVAC Renewal
Pierce Refrigeration HVAC Renewal
Precision Landscape & Tree Tree
Trimming/Removal
Renewal
Riccar Heating & Air Conditioning HVAC Renewal
River City Sheet Metal, Inc HVAC Renewal
RJ Miller Plumbing & Heating, Inc. HVAC Renewal
Royal Mechanical, Inc HVAC New
Sedgwick Heating & Air Cond., LLC HVAC Renewal
Sela Roofing & Remodeling, Inc. General
(Commercial)
Renewal
Semple Excavating & Trucking Excavating Renewal
SignArt Co. Inc Sign Installation Renewal
St. Paul Plumbing & Heating Co. HVAC Renewal
St.Croix Tree Service, Inc. Tree
Trimming/Removal
Renewal
St.Marie Sheet Metal, Inc. HVAC Renewal
Standard Heating & Air Conditioning HVAC Renewal
Steinkraus Plumbing, Inc. HVAC Renewal
Superior Heating Air & Electric. HVAC Renewal
Thermax Corporation HVAC Renewal
The Snelling Co., Inc. HVAC Renewal
Twin City Mechanical, Inc. HVAC Renewal
Vogt Heating, Air Cond. &, Plumbing, LLC HVAC Renewal
Wellington Windows Other Renewal
Wenzel Plumbing & Heating, Inc. HVAC Renewal
WestAir Inc HVAC Renewal
Yale Mechanical, Inc HVAC Renewal
Staff Recommendation: Approve license applications as requested.
Item No: 08B
Meeting Date: January 23, 2006
Type of Business: Consent Agenda
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 6724 Revising the Personnel Manual to add
Section 3.50, Authorizing Uniform Allowances for Non-Union
Public Works and Police Department Employees
Public Works
It was discussed at the January 3, 2006 Work Session, that there are no current policies
allowing uniform allowances for the Public Works Supervisor, Parks Supervisor, Police
Chief and Deputy Police Chief. It has been past practice that the Public Works Supervisor,
Parks Supervisor, Police Chief and Deputy Police Chief have received the same uniform
allowance benefits as the Public Works and Police union employees. Staff feels that this
policy should be in writing to ensure there is no confusion between union and non-union
benefits. The Public Works Supervisor, Parks Supervisor, Police Chief and Deputy Police
Chief need various uniform items for their day-to-day operations.
Below is the proposed language to be added to the Personnel Policy:
Section 3.50 Uniform Allowances
The Mounds View Public Works, non-union employees, are authorized the same uniform
allowance reimbursement benefits as the Public Works Union employees as outlined in the
Public Works Union Contract.
The Mounds View Police, non-union employees, are authorized the same uniform
allowance reimbursement benefits as the Police L.E.L.S Union employees as outlined in
the L.E.L.S Police Sergeants union contract.
Recommendation
Staff recommends approval of Resolution 6724, revising the Mounds View Personnel
Manual to add Section 3.50 authorizing uniform allowances for the non-union employees.
It is Staff’s intention to specifically outline a list of approved uniform items in all 2006-2007
union contracts to ensure there is no confusion on what is considered reimbursable.
Respectfully submitted,
Desaree Crane
RESOLUTION NO. 6724
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
REVISING THE PERSONNEL MANUAL TO ADD SECTION 3.50, AUTHORIZING THE
UNIFORM ALLOWANCES FOR NON-UNION PUBLIC WORKS AND POLICE
DEPARTMENT EMPLOYEES
WHEREAS, it has been past practice that non-union Public Works employees
were given the same uniform allowance reimbursement as the Public Works Union
employees; and
WHEREAS, it has been pact practice that non-union Police Department
employees were given the same uniform allowance reimbursement as the Police L.E.L.S
union contracts; and
WHEREAS, there is currently no written policy that addresses uniform
allowances for these non-union employees; and
WHEREAS, there needs to be a written policy in place to ensure there is no
confusion between union and non-union employee benefits.
NOW, THEREFORE, BE IT RESOLVED, that the Mounds View City Council
adds Section 3.50 to the Mounds View Personnel Manual as follows:
Section 3.50 Uniform Allowances
The Mounds View Public Works, non-union employees, are authorized the
same uniform allowance reimbursement benefits as the Public Works
Union employees as outlined in the Public Works Union Contract.
The Mounds View Police, non-union employees, are authorized the same
uniform allowance reimbursement benefits as the Police L.E.L.S Union
employees as outlined in the L.E.L.S. Police Sergeants union contract.
Adopted this 23rd day of January, 2006.
_____________________________
Rob Marty, Mayor
ATTEST:
_____________________________
Kurt Ulrich, City Administrator
(seal)
PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1
CITY OF MOUNDS VIEW 2
RAMSEY COUNTY, MINNESOTA 3
4
Regular Meeting 5
January 9, 2006 6
New Brighton City Hall 7
803 Old Highway 8, New Brighton, MN 55112 8
7:10 P.M. 9
10
11
1. MEETING IS CALLED TO ORDER 12
13
2. PLEDGE OF ALLEGIANCE 14
15
Mayor Marty welcomed Boy Scout Troop 167 and indicated they will be leading the Pledge of 16
Allegiance. Following the Pledge, Mayor Marty welcomed each Boy Scout, noting they are 17
working on their Communication Civic Merit Badge. 18
19
3. ROLL CALL: Marty, Stigney, Gunn, and Flaherty 20
21
NOT PRESENT: Thomas. 22
23
4. APPROVAL OF AGENDA 24
25
A. Monday, January 9, 2006 City Council Agenda 26
27
MOTION/SECOND: Gunn/Flaherty. To Approve the Monday, January 9, 2006 agenda as 28
presented. 29
30
Ayes – 4 Nays – 0 Motion carried. 31
32
5. PUBLIC INPUT 33
34
David Jahnke, 8428 Eastwood Road, referenced the EDA discussion and asked whether the park 35
dedication fee has to be paid two times if someone wants to build two different facilities on a 36
piece of land. 37
38
Mayor Marty explained that if the park dedication fee was paid on the first project, then it is not 39
charged again for the second project, if on the same property. However, if the land is subdivided 40
and one lot sold for another building, then a park dedication fee would need to be paid. 41
42
Mounds View City Council January 9, 2006
Regular Meeting Page 2
6. SPECIAL ORDER OF BUISNESS 1
2
None. 3
4
7. COUNCIL BUSINESS 5
6
A. Resolution 6706 Accept Bid for Remaining Contracts Comprising of Bid 7
Package #2 for the New SBM Fire Station #3 8
9
Deputy Fire Chief Krueger stated the resolution and information under consideration is regarding 10
the remaining bids from the second bid package, totaling $759,047. He reported that work 11
started last week and the project remains on budget. This action would be the remainder of bid 12
package two and if approved they will be back in the spring for consideration of fixtures and 13
final items. He offered to answer questions of the Council. 14
15
Councilmember Flaherty noted the term “apparent low bid results” and asked if it actually is the 16
low bid. Deputy Fire Chief Krueger stated one low bid is not being recommended because they 17
did not post a bid bond. 18
19
Councilmember Flaherty asked why only one bid was received for the stainless steel equipment. 20
Deputy Fire Chief Krueger stated he does not know of a specific reason but did hear it mentioned 21
that there are not a lot of businesses for that item. He advised that the construction manager did 22
mention he had worked with that business in the past. 23
24
MOTION/SECOND: Stigney/Flaherty. To waive the reading and adopt Resolution 6706 Accept 25
Bid for Remaining Contracts Comprising of Bid Package #2 for the New SBM Fire Station #3. 26
27
Ayes – 4 Nays – 0 Motion carried. 28
29
B. First Reading of Ordinance 767 an Ordinance Implementing a Franchise Fee 30
on Xcel Energy Electric and Natural Gas Operations within the City of 31
Mounds View for the Year 2006 32
33
Finance Director Beer explained that there is a sunset on franchise fees annually so the Council 34
needs to adopt an ordinance to continue them. He advised that Xcel Energy is willing to extend 35
the agreement and waive the time specific notice if a sentence is added to the ordinance to waive 36
any permit fees related to right-of-way permits. Currently the City generates about $1,100 37
annually in right-of-way permits from Xcel Energy. Finance Director Beer explained that if 38
Excel Energy enforces their timeline, they could deny the City the ability to collect franchise fees 39
for about six weeks so he would support their request. Since this ordinance sunsets each year, 40
the added language can be removed for next year, if desired. He advised that a public hearing 41
will be held at the January 23, 2006 meeting. 42
43
Mayor Marty stated his impression that this action had already occurred. He stated that getting 44
off with $1,100 is acceptable to him and noted that language can be removed for next year. He 45
Mounds View City Council January 9, 2006
Regular Meeting Page 3
asked what happens if the franchise fee comes in higher or lower than expected. He noted the 1
temperature is warmer than usual so the franchise fee income may be lower. 2
3
Finance Director Beer explained the City would rely on the contingency fund to make up 4
shortfalls and other sources would be looked at to make up the difference, if needed. 5
6
City Administrator Ulrich reported that a resident called about gas rates being higher so their bill 7
is still higher even though usage is lower. He noted that if there is an overage, one-half of the 8
monies will go to the street replacement fund and the other one-half will go to the general fund 9
reserve. 10
11
Finance Director Beer reported that the natural gas rates peaked on December 13, 2005 and are 12
now down 39% from that high level. 13
14
MOTION/SECOND: Stigney/Gunn. To approve First Reading of Ordinance 767 an Ordinance 15
Implementing a Franchise Fee on Xcel Energy Electric and Natural Gas Operations within the 16
City of Mounds View for the Year 2006. 17
18
Ayes – 4 Nays – 0 Motion carried. 19
20
C. First Reading of Ordinance 768 an Ordinance Implementing a Franchise Fee 21
on Center Point Energy Natural Gas Operations within the City of Mounds 22
View for the Year 2006 23
24
Finance Director Beer stated that this item also involves a franchise fee that sunsets annually. He 25
explained that Center Point Energy does not have many customers in Mounds View but is wiling 26
to waive the time requirements for notice to continue collecting the franchise fee. Center Point 27
Energy is not requesting the insertion of any language to extend their agreement. Finance 28
Director Beer noted that second reading will occur on January 23, 2006 when the public hearing 29
is held. 30
31
MOTION/SECOND: Flaherty/Gunn. To approve First Reading of Ordinance 768 an Ordinance 32
Implementing a Franchise Fee on Center Point Energy Natural Gas Operations within the City of 33
Mounds View for the Year 2006. 34
35
Councilmember Stigney noted that both of the franchise fees have been factored into the 2006 36
budget. 37
38
Ayes – 4 Nays – 0 Motion carried. 39
40
D. Resolution 6715 Authorizing the Re-Advertisement for Bids and Setting a 41
Bid Date for the Groveland Park Building Replacement Project 42
43
Public Works Director Lee stated that this item was discussed at an October work session and 44
staff was directed to look at other options including the use of colleges to do the construction and 45
Mounds View City Council January 9, 2006
Regular Meeting Page 4
prefab buildings. He advised that the Park and Recreation Commission researched those options 1
and contacted many colleges to see if there was interest in constructing the building. Two groups 2
expressed interest in helping the City in this aspect. Public Works Director Lee explained that 3
when working with the two entities it was determined that while both schools could construct the 4
building, there are a lot of aspects they cannot do like demolition, grading, setting trusses, final 5
grading, steel doors and frames, plumbing, electrical, HVAC, etc. Public Works Director Lee 6
advised that in discussion with the schools, staff came to the conclusion that the City would need 7
to hire a general contractor to do a building replacement project. The City could go out for bids 8
and take the lowest bidder or could hire a general contractor and contractors for the individual 9
components. He pointed that St. Paul Technical College only does stick construction and to 10
convert the plans to stick construction would cost $9,000 to $10,000. 11
12
Public Works Director Lee advised that Dakota Technical College does masonry projects and 13
staff is still working with them. Staff recommends the City go out for bids on the project and 14
include specs that the Dakota Technical College would be used by the contractor for free labor on 15
the masonry part of the project. He noted that may result in lower bids and the general contractor 16
may or may not use them depending on whether the schedules work. Public Works Director Lee 17
stated staff recommends rebidding the project and to embark on an informational campaign to get 18
the project information to smaller contractors. 19
20
Councilmember Stigney asked if the bids will be received or opened on February 21, 2006. 21
Public Works Director Lee stated they will be both received and opened on that date at the 22
Community Center. 23
24
Councilmember Flaherty asked if the same plans can be rebid with added value engineering 25
included so the contractors know the City will listen to their ideas for cost savings. Public Works 26
Director Lee stated that is a good suggestion and advised that staff is working with one contractor 27
who does metal buildings. 28
29
Councilmember Flaherty stated he is unsure of the liability or bonding issues when using a 30
technical school and student labor. 31
32
Mayor Marty asked if they would operate under the City’s liability insurance. Public Works 33
Director Lee stated that is correct and there may be other issues when students work with 34
contractors, such as with the plumbing contractor since the plumbing is in the walls. 35
36
Councilmember Gunn stated her support to consider the use of free student labor and indicated 37
that she hopes it will result in a “plus/plus” situation where students gain experience in working 38
with a contractor, and the bids are lower. 39
40
Mayor Marty stated his support to get the word out to smaller contractors. Public Works 41
Director Lee stated since June of last year staff has compiled a list of contractors who indicated 42
an interest in bidding on this project. 43
44
Councilmember Gunn stated the technical school might also have a list of contractors who are 45
Mounds View City Council January 9, 2006
Regular Meeting Page 5
willing to work with students. 1
2
Councilmember Flaherty suggested staff also contact the Builders Exchange. 3
4
Public Works Director Lee stated staff will research that option and commented on the 5
importance of assuring consistency and fairness in how this project is bid and awarded. 6
7
MOTION/SECOND: Gunn/Stigney. To waive the reading and adopt Resolution 6715 8
Authorizing the Re-Advertisement for Bids and Setting a Bid Date for the Groveland Park 9
Building Replacement Project. 10
11
Councilmember Flaherty offered a friendly amendment to add language indicating: “bid 12
alternates will be accepted and reviewed.” 13
14
Councilmembers Stigney and Gunn accepted this friendly amendment. 15
16
Ayes-4 Nays-0 Motion carried. 17
18
E. Resolution 6717 Approving the Plans and Specifications and Authorizing the 19
Advertisement for Bids and Setting a Bid Date for the Random Park 20
Building Replacement Project 21
22
Public Works Director Lee stated that this project is moving along and the existing building was 23
demolished very quickly. He noted the estimated construction cost is $221,425 based on the 24
plans and specifications. This compares to the estimated construction cost of $231,000 based on 25
the previous report that was presented. He noted the project includes a new parking lot and 26
sidewalk to access the building. The plan also includes a storm water treatment area to increase 27
water quality. Public Works Director Lee advised that the Parks, Recreation, and Forestry 28
Commission and staff recommend several bid alternates be added, equaling $35,000. The bid 29
alternates are to remove some interior walls and mechanical work, plumbing, and to change the 30
south entrance. 31
32
Public Works Director Lee displayed a floor plan of the building and explained the Parks, 33
Recreation, and Forestry Commission’s consideration and recommendation to remove the walls 34
around the storage room. However, the Commission felt it would be advantageous to retain the 35
walls around the office area. The other recommended change deals with plumbing. He pointed 36
out the location of the vending area and explained the recommendation to move the sink into the 37
vending area so it can act as a serving area. The cost for that change is $5,000. The third 38
recommended change deals with the entrance doors into the building. He noted that there are 39
currently two doors entering the building and Code requires that the doors open out. It is 40
recommended that the two existing doors be removed and one door be inserted that opens out, 41
which will comply with the Code. 42
43
Public Works Director Lee stated staff recommends the Council approve the plans and 44
specifications and authorize the advertisement for bids. 45
Mounds View City Council January 9, 2006
Regular Meeting Page 6
1
Councilmember Stigney asked if the new entry door will be glass. Public Works Director Lee 2
answered in the affirmative. Councilmember Stigney asked if glass doors are more expensive. 3
Public Works Director Lee explained that with entry doors, to improve safety, there is usually 4
glass in at least a portion of the door. 5
6
Councilmember Flaherty asked what items will be located in the mechanical room. Public 7
Works Director Lee stated the HVAC system, water heater, and janitorial supplies will be in the 8
mechanical room. He reviewed again the recommendation to move the sink from the mechanical 9
room and to place it in the vending room. Then the vending room can be used as a serving area 10
and to wash dishes. 11
12
Councilmember Stigney asked if this building is wired for 200 amp service. Public Works 13
Director Lee stated the old building had 100 amp service and this building has a 200 amp service 14
so that change will need to be made. 15
16
City Administrator Ulrich asked if both doors can be replaced with windows and then the current 17
access door would be the entry door. Public Works Director Lee stated he will ask the consultant 18
if that meets ADA and Code requirements. 19
20
Mayor Marty asked why the bushes are being removed and if the parking lot will be located 21
closer to the building. Public Works Director Lee stated the parking lot is not moving but the 22
grades to the south will be lowered to provide ponding. 23
24
Mayor Marty asked if the shrubs can be moved to a new location. Public Works Director Lee 25
stated he can ask the contractor and stated that maybe a volunteer group, such as the Boy Scouts, 26
would volunteer to work with the landscaping. 27
28
Mayor Marty stated his surprise with the way the building sits on the property. He stated he 29
thought the building would be turned so the door would be located as a front door instead of 30
having the doors on the side. 31
32
Public Works Director Lee stated he had the same thought but after reviewing this orientation, 33
felt it makes sense to have the entry door facing Ridge Lane. He noted that both sides of the 34
building have entry doors and if facing Long Lake Road, the doors on the other side would face 35
the residential area, which would be more disruptive. In addition, with this orientation you are 36
able to view the playground areas from inside the building. 37
38
Mayor Marty stated this building will not be used on a daily basis and asked whether the 39
mechanical room can be made smaller by moving back the wall. Public Works Director Lee 40
stated that was considered but it would be complicated due to location of electrical and HVAC 41
lines. 42
43
MOTION/SECOND: Marty/Stigney. To waive the reading and adopt Resolution 6717 44
Approving the Plans and Specifications and Authorizing the Advertisement for Bids and Setting 45
Mounds View City Council January 9, 2006
Regular Meeting Page 7
a Bid Date for the Random Park Building Replacement Project. 1
2
Councilmember Flaherty asked how much the savings would be if the walls were not removed. 3
Public Works Director Lee stated it would have cost $17,500 to remove all of the walls and 4
electrical but the recommendation is to not remove the office walls. 5
6
Councilmember Flaherty asked when that dollar amount will be known. Public Works Director 7
Lee stated it may be known tomorrow. 8
9
Councilmember Stigney asked Building Official Osmonson what is the door width to meet ADA 10
requirements. Building Official Osmonson stated she will provide that information to Public 11
Works Director Lee. 12
13
Ayes – 4 Nays – 0 Motion carried. 14
15
F. Resolution 6710 Appointing City Council Members and City Staff as 16
Representatives for City Commissions and other organizations 17
18
Assistant to the City Administrator Crane explained that the Council annually reviews the 19
various Council and staff appointments. She noted the addition of the Community Center Task 20
Force which has six members including Councilmember Thomas, Planning Commission Chair 21
Stevenson, Parks and Recreation Commissioner Shari Kunza and three Mounds View residents; 22
Duane McCarty, Rob Hanson, and Kara Chamberland. 23
24
City Administrator Ulrich noted the original committee called for the appointment of two 25
Mounds View residents on the Community Center Task Force. However, three residents have 26
submitted their names for consideration: Duane McCarty, Rob Hanson and Kara Chamberland. 27
City Administrator Ulrich advised that the YMCA Advisory Committee met today and 28
recommended those two names as volunteers who have been active with the park and recreation 29
programs of the City. Staff recommends all six members be appointed and the Community 30
Center Task Force be expanded by one member. 31
32
The Council discussed the list of committees and 2005 liaisons. Consensus was reached on the 33
following appointments: 34
35
Ramsey County League of Local Government: Councilmember Flaherty and City Administrator 36
Ulrich 37
38
Spring Lake Park/Blaine/Mounds View Fireman’s Relief Association: Councilmember Stigney 39
and City Administrator Ulrich 40
41
Human Resources Committee: Councilmembers Flaherty and Stigney, and City Administrator 42
Ulrich 43
44
Mounds View City Council January 9, 2006
Regular Meeting Page 8
Visit Minneapolis North: City Administrator Ulrich and Economic Development Coordinator 1
Backman 2
3
YMCA Advisory Committee: YMCA Center Manager Weldon, YMCA Center Manager 4
McIntyre, Executive Director of the Northwest Family YMCA Reimersma, City Administrator 5
Ulrich, Representative from the Parks and Recreation Commission Kunza, Councilmember 6
Thomas, and Councilmember Stigney (alternate) 7
8
Northwest Youth & Family Services: Councilmember Thomas and Councilmember Flaherty 9
(alternate) 10
11
League of Minnesota Cities: Mayor Marty and City Administrator Ulrich 12
13
I-35 Corridor Coalition: Mayor Marty and City Administrator Ulrich 14
15
North Metro Mayors Association: Mayor Marty and City Administrator Ulrich 16
17
Mounds View Community Center Task Force: Councilmember Thomas, Representative from 18
the Parks and Recreation Commission Kunza, Representative from the Planning Commission 19
Stevenson, Mounds View Resident Duane McCarty, Mounds View Resident Rob Hanson, and 20
Mounds View Resident Kara Chamberland. 21
22
MOTION/SECOND: Gunn/Flaherty. To waive the reading and adopt Resolution 6710 23
Appointing City Council Members and City Staff as Representatives for City Commissions and 24
other organizations. 25
26
Ayes – 4 Nays – 0 Motion carried. 27
28
G. Resolution 6712 Re-appointing members to various Mounds View Boards 29
and Commissions 30
31
Assistant to the City Administrator Crane reviewed that at the December 6, 2005 work session, 32
staff advised that the terms for some members of different Boards and Commissions would 33
expire on December 31, 2005. Staff contacted these members to see if they would be interested 34
in being reappointed for another term. She noted those who responded with interest in serving 35
another term. Dale Aukee and Frank Silvis have not submitted applications to renew their terms 36
on the Park and Recreation Commission. However, they are still interested in serving another 37
term. Once staff receives their applications, staff will present them at the January 23, 2006 38
Council meeting. 39
40
Councilmember Flaherty thanked citizens for stepping forward to fill these positions. 41
42
Mayor Marty added this appreciation, noting Frank Silvis has served on the Park and Recreation 43
Commission for 25 years. He suggested that the City present Mr. Silvis with a certificate of 44
appreciation for serving Mounds View for a quarter of a century. 45
Mounds View City Council January 9, 2006
Regular Meeting Page 9
1
Mayor Marty referenced the Jean Miller application, noting her comment that she checks the 2
meeting minutes rather thoroughly. He agreed that Ms. Miller is very diligent. 3
4
MOTION/SECOND: Stigney/Flaherty. To waive the reading and adopt Resolution 6712 Re-5
appointing members to various Mounds View Boards and Commissions. 6
7
Mayor Marty noted the opening on the Park and Recreation Commission will be posted. 8
9
Ayes – 4 Nays – 0 Motion carried. 10
11
H. Resolution 6703 Authorizing Insurance Policies for the Year January 2006 12
through December 2006 13
14
Finance Director Beer stated that insurance rates went down with the switch to a January 1 15
renewal date and as a result of increasing the deductible to $25,000. He reported the City will 16
see a savings of about $73,000 over the current policy. Staff recommends approval authorizing 17
the purchase of insurance policies from January 2006 though December of 2006. 18
19
Mayor Marty stated the deductible is being raised from $10,000 to $25,000 but if there is more 20
than one charge against it, he wonders what the difference would be if the deductible stayed at 21
$10,000. Finance Director Beer advised that most claims are in the workers comp area, not the 22
general liability area. It is the general liability area where the deductible is recommended to be 23
raised to $25,000. In that recommendation, the agent researched the claims made over the past 24
eleven years and found it would have been beneficial to raise the deductible. In the area of 25
general liability, the deductible will remain at $5,000. 26
27
MOTION/SECOND: Flaherty/Gunn. To waive the reading and adopt Resolution 6703 28
Authorizing Insurance Policies for the Year January 2006 through December 2006. 29
30
Ayes – 4 Nays – 0 Motion carried. 31
32
I. Resolution 6713 Authorizing a Temporary One-Day Charitable Gambling 33
Permit for the New Brighton/Mounds View Rotary to conduct charitable 34
gambling at The Mermaid on April 7, 2006 35
36
Assistant to the City Administrator Crane stated the New Brighton/Mounds View Rotary would 37
like to hold a charitable gambling event at The Mermaid on April 7, 2006 as they did in April of 38
2005. She reviewed the documentation provided and stated the applicant has submitted an 39
updated list of members. Staff recommends approval of the draft resolution. 40
41
MOTION/SECOND: Gunn/Stigney. To waive the reading and adopt Resolution 6713 42
Authorizing a Temporary One-Day Charitable Gambling Permit for the New Brighton/Mounds 43
View Rotary to conduct charitable gambling at The Mermaid on April 7, 2006. 44
45
Mounds View City Council January 9, 2006
Regular Meeting Page 10
Mayor Marty noted the names, home addresses, and telephone numbers of Rotary members are 1
included in the Council packet. However, that information is not provided for the next agenda 2
item. He asked if it is necessary to include this personal information within the Council packet. 3
4
Assistant to the City Administrator Crane stated it is not necessary but when she receives this 5
information, she provides it to the Council so they can assure there are 30 members. 6
7
Mayor Marty suggested that in the future staff be allowed to verify that information rather than 8
providing this type of personal information on the City’s private citizens. 9
10
Ayes – 4 Nays – 0 Motion carried. 11
12
J. Resolution 6714 Authorizing a Temporary One-Day Charitable Gambling 13
Permit for the Twin Cities North Chamber of Commerce to conduct 14
Charitable Gambling at The Mermaid on February 18, 2006 15
16
Assistant to the City Administrator Crane stated the Chamber of Commerce would like to 17
conduct a charitable raffle at The Mermaid on February 18, 2006. They currently hold a 18
charitable gambling license at Mounds View Jake’s Sports Café. She advised that the paperwork 19
on their non-profit status is on file with the Minnesota State Gambling Control Board and staff 20
recommends approval. 21
22
MOTION/SECOND: Gunn/Flaherty. To waive the reading and adopt Resolution 6714 23
Authorizing a Temporary One-Day Charitable Gambling Permit for the Twin Cities North 24
Chamber of Commerce to conduct Charitable Gambling at The Mermaid on February 18, 2006. 25
26
Ayes – 4 Nays – 0 Motion carried. 27
28
K. Resolution 6704 Approving a Minor Subdivision of 8140 Long Lake Road 29
30
Planning Associate Heller stated this minor subdivision request is for 8140 Long Lake Road. 31
Minor subdivisions are for divisions of land less than two acres in size in which only one 32
additional lot is created. The applicant proposes to divide the east 229.7 feet from the west 298 33
feet. Planning Associate Heller advised that there is a house on the east side which would 34
remain. The City would require a park dedication fee since it will create a new parcel. The 35
property, on the west line, has an improved right-of-way so it is not a landlocked parcel. At 36
some point, it could become part of a larger development project. 37
38
Planning Associate Heller stated it is also required that drainage and utility easements be 39
dedicated, which has been completed. She explained that a public hearing is not required but the 40
public was notified of the Planning Commission meeting. One telephone call was received but 41
no other opinions have been expressed to staff. 42
43
Planning Associate Heller advised that this request satisfies all requirements. The Planning 44
Commission heard this request in December and recommends approval. Staff requests the 45
Mounds View City Council January 9, 2006
Regular Meeting Page 11
Council approve the minor subdivision, table the request for additional information, or direct 1
staff to draft a resolution to deny the request. She advised that the applicant is in the audience to 2
answer questions. 3
4
MOTION/SECOND: Stigney/Flaherty. To waive the reading and adopt Resolution 6704 5
Approving a Minor Subdivision of 8140 Long Lake Road. 6
7
Mayor Marty stated he likes to view the property but was not able to in this case. He asked if 8
there is an alley or access to the rear of the property. Community Development Director Ericson 9
indicated there are just easements. 10
11
Mayor Marty stated it is curious that someone may be interested in buying a parcel that is 12
somewhat landlocked. He referenced Section 1b in Planning Commission Resolution No. 821-13
05 indicating: The following language shall be added: “The proposed drainage and utility 14
easement areas as shown herein shall be dedicated to the City of Mounds View by a separate 15
document recorded with Ramsey County.” Mayor Marty noted that Council Resolution 6704 16
does not contain that language and only indicates: “The applicants shall execute drainage and 17
utility easement documents consistent with the easements shown on the Certificate of Survey.” 18
He asked if the draft Council resolution covers the requirements of the Planning Commission’s 19
resolution. 20
21
Director Ericson stated the requirement the Planning Commission had in their resolution was 22
enacted and included on the certificate of survey so that condition has been complied with. 23
24
Ayes-4 Nays-0 Motion carried. 25
26
L. Resolution 6694 Authorizing an Agreement with G & H Consultants LLC for 27
Plan Review Assistance Associated with Medtronic Phase I Construction 28
29
Community Development Director Ericson stated that this is a report originally provided at the 30
December meeting. At that time, the Council had questions on the consultants that would be 31
assisting Building Official Osmonson on the Medtronic project. He advised that staff looked at 32
insurance coverage issues and talked to the League of Minnesota Cities, Trust Division, and the 33
City Attorney. Because staff was not given consistent answers throughout the process, it was 34
determined to require the consultants to provide their own insurance so the City would not need 35
to address the insurance aspect for the plan review. 36
37
Director Ericson reviewed that Councilmember Thomas had asked why the bid from Ms. Gove 38
and Mr. Hagedorn was so much less. He explained the cost is lower because this would be a 39
joint effort between Building Official Osmonson and the two consultants. Director Ericson 40
advised that staff modified the agreement with G & H Consultants LLC and inserted the 41
requirement that they provide their own insurance, which was the main issue with the Council. 42
He explained that it would be a joint review process but Building Official Osmonson would still 43
be signing off on the plans. This applies to Phase 1 of the project, which is also clearly spelled 44
out in the agreement. Director Ericson advised that this does not apply to Phase 2 of the project. 45
Mounds View City Council January 9, 2006
Regular Meeting Page 12
He offered to answer questions, noting Building Official Osmonson is in attendance. 1
2
Duane McCarty, 8060 Long Lake Road, stated he raised issues on this at the last meeting and 3
didn’t see that it was addressed at the last work session. He asked if G & H Consultants LLC is 4
the company that would be filing with the Secretary of State. He also asked if anyone has 5
checked to see if they have filed with the Secretary of State as required with Statute 333. 6
7
Director Ericson stated the work would not commence until they have filed according to the 8
agreement and have the authority to execute this agreement under that name. 9
10
Mr. McCarty stated he assumes that staff has not checked that issue. He asked how long this 11
LLC has been in business. Director Ericson stated they have a combined service in this field of 12
expertise, plan review and fire review, for 44 years. 13
14
Mr. McCarty stated this is their first go around as far as the LLC and he assumes they have not 15
filed with the Secretary of State. He stated that qualifications are an important thing since this is 16
the biggest project Mounds View has ever done and with it goes distinct responsibilities on the 17
part of the City’s staff. Mr. McCarty stated he thinks City staff deserves the very best to protect 18
the tax payer against future litigation that comes from an error or omission in the process. He 19
asked why he did not see SEH in the lineup of bidders, since they are long time consulting 20
engineers and have expertise much beyond a start up entity such as these two individuals. Mr. 21
McCarty stated one individual is an employee of Blaine and while friendships of staff are 22
wonderful, he would like the consultants to have solid qualifications and experience. He stated 23
he is concerned whether their qualifications reach to the height of the City’s consulting 24
engineers, like an SEH firm. 25
26
Mr. McCarty stated the budget has $68,000 for plan reviewal and he assumes it will come from 27
the permit and licenses of the contractor so it is not something the City’s general fund is 28
concerned with. He stated Medtronic will be paying for these costs and asked why the City is not 29
considering a known commodity that they have dealt with for years to protect the taxpayer 30
against a fledging entity. Mr. McCarty stated he understands the two individuals have extensive 31
experience but he questioned whether their experience is as broad as SEH or other consulting 32
firms. He also asked whether tax payers are being protected to the best of the City’s ability. 33
34
Director Ericson stated he is not familiar with SEH providing plan review services from the 35
building and fire code aspects. He indicated that staff can look at that option but given the 36
familiarity of the two individuals in the agreement, staff has confidence with their skill to review 37
these plans in conjunction with Building Official Osmonson. Director Ericson noted that there 38
was no guarantee for staff to work with the other consultants during the plan review. He stated it 39
is correct that there are dollars available for the plan review so it is not an issue of coming to the 40
lowest cost. However, Building Official Osmonson would grain the experience and be able to 41
utilize the known experience of the two individuals who have formed this company. 42
43
Mr. McCarty stated he understands that this is new to the City’s Building Official and that it 44
would be good for her and the City in the long run. He explained he would like Building Official 45
Mounds View City Council January 9, 2006
Regular Meeting Page 13
Osmonson to get the best guidance available. Mr. McCarty stated he would like references of 1
these two individuals. He asked whether staff asked for references. He also asked what is the 2
City Administrator’s recommendation since the Charter indicates that the City Administrator is 3
the supervisor of all staff and makes the recommendation. Mr. McCarty stated that he may be 4
more comfortable if there is a recommendation of the City Administrator. He asked about the 5
levels of insurance and bonds, noting this is a public building, not a park building being 6
constructed with volunteers. 7
8
Building Official Osmonson stated she received reference letters for both Ms. Gove and Mr. 9
Hagedorn. She advised that the State Building Official said he does not give any personal 10
recommendations and their State certification provides that recommendation. Building Official 11
Osmonson stated she has a recommendation on Ms. Gove from the president of the Fire Chief’s 12
Code Advisory Council for Mr. McCarty’s review. Additionally in working with more qualified 13
engineer, Ms. Gove has been involved for many years to create the Fire Code and new provisions 14
of the Fire Code. Building Official Osmonson explained that the other companies she spoke with 15
are more than willing to do the plan review but it is not in conjunction with City staff. 16
17
Mr. McCarty stated the building inspections, as pertains to the State Building Codes, appears to 18
be very simple at first blush but it goes further than that to the structural issues. Such as, were 19
the proper materials used and were they installed properly, which involves architectural engineer 20
issues. He stated he does not see that expertise in this firm. He stated that the way the City is 21
insured, somewhere along the line the taxpayer will pick up the bill if the proper expertise is not 22
in place should a recommendation be made to pass the building and then a catastrophe occurs 23
later. Mr. McCarty stated he has no idea of who these two individuals are or the extent of their 24
level of expertise. He stated he does not want to sound unkind but expects the Council to assure 25
that whoever they use gives good solid advise to the City’s Building Official. 26
27
Mayor Marty noted the minutes to be approved tonight from the previous meeting contained well 28
stated conversations from when this item was first discussed. He stated he is not familiar with 29
the license that Mr. McCarty raised and asked what type of experience these consultants have in 30
this area. Mayor Marty stated Medtronic is not “knocking on the door with permits in hand” and 31
the City is not pressed for time so he wants to assure all the “T’s” are crossed and “I’s” are 32
dotted since there could be potential liability. 33
34
Mayor Marty stated he had not thought about the use of SEH and while they may not be involved 35
with this scope, an engineering firm may be able to check different areas. He agreed this is one 36
of the biggest projects the City will ever undertake and he wants to assure the Building Official 37
receives adequate training. He stated he appreciates that Building Official Osmonson would be 38
able to work with these two consultants but he would also like more information. 39
40
Building Official Osmonson advised that the second preconstruction meeting will be held next 41
week and the plans will be submitted by the end of January or beginning of February. She 42
advised that provisions in the Building Code do require special inspections for concrete and 43
structural steel so an engineer of that field will conduct those highly specialized inspections. 44
45
Mounds View City Council January 9, 2006
Regular Meeting Page 14
Mr. McCarty stated he wants Building Official Osmonson to have the best backup possible and 1
commented that Ms. Osmonson will become the best commodity for the City in the future. He 2
suggested the Council approach engineering firms that could provide a higher comfort level. 3
4
Building Official Osmonson stated it sounds like everyone is on the “same page” in wanting to 5
do the finest job on this project and suggested that an engineering firm be placed on retainer for 6
highly specific or specialized issues that may arise. 7
8
Mayor Marty stated the fee for G & H Consultants is about one-third or less than what the other 9
consultants quoted. 10
11
City Administrator Ulrich stated everyone realizes this is a big project and everyone wants to be 12
comfortable before moving forward. He explained that having a list of consultants on retainer to 13
address those specifics can be part of the package. City Administrator Ulrich stated that these 14
two consultants are familiar with those firms and would be comfortable working with them. 15
Since time is not of the essence, he suggested staff prepare that information. 16
17
Mayor Marty stated that as far as costs go, the plan review will be paid from the permit fees. He 18
agreed that a more expensive firm could cover the specialized areas but he likes the fact that 19
these people are available. He noted that one individual is retired so most of the building 20
inspections and plan reviews would be done by these two consultants after business hours. 21
Mayor Marty stated if the one consultant is retired, he would probably be available during other 22
times. Building Official Osmonson stated that is correct; however, the contract is for plan 23
review, not inspections. 24
25
Building Official Osmonson clarified that these individuals were not chosen because of the 26
financials, they are her first choice. 27
28
Councilmember Gunn stated just because a company charges a lot of money does not make them 29
a better company. She noted the City has had experiences with companies that have charged a 30
lot and the City has not received what they paid for. Councilmember Gunn stated her agreement 31
with Building Official Osmonson, who is the City’s expert. She stated she is comfortable with 32
her recommendation of these consultants. In addition, she pointed out that Building Official 33
Osmonson can gain expertise from these individuals and other inspectors will be coming in for 34
the specialized inspections. Councilmember Gunn stated the agreement also requires the 35
insurance requested. 36
37
MOTION/SECOND: Gunn/Flaherty. To waive the reading and adopt Resolution 6694 38
Authorizing an Agreement with G & H Consultants LLC for Plan Review Assistance Associated 39
with Medtronic Phase I Construction. 40
41
Councilmember Flaherty noted that Ms. Grove and Mr. Hagedorn are not present to defend 42
themselves. He stated previously he had mentioned that their cost is lower because they have no 43
overhead while engineering firms have extensive overhead. Councilmember Flaherty noted that 44
Ms. Gove and Mr. Hagedorn have 44 years of experience and the State recognized them as 45
Mounds View City Council January 9, 2006
Regular Meeting Page 15
competent for plan review and it does not require a PE to review plans. He stated that the 1
ultimate quality of materials and construction falls to Opus and the City is just reviewing the 2
plan. Ms. Gove and Mr. Hagedorn have stepped forward and are affording a wonderful service 3
to the City of Mounds View. Councilmember Flaherty stated he support staff’s recommendation. 4
5
David Jahnke, 8428 Eastwood Road, stated he believes that Medtronic has researched the 6
construction firms and will not construct a bad building that will be their world headquarters. 7
8
Councilmember Stigney stated if Building Official Osmonson believes there is a need to hire an 9
outside consulting firm, she certainly will do so without hesitation. Building Official Osmonson 10
indicated that is the case. 11
12
Councilmember Stigney stated he has no concern with supporting staff’s recommendation. 13
14
Mayor Marty agreed the consultants being considered have no overhead and they are qualified to 15
do this work. He stated he has nothing bad to say about the two individuals but as a Council it is 16
their due diligence to check everything. He stated there is a deadline but it is not tonight so staff 17
can look into it a little more. He stated he would like to ask that this item be brought back to the 18
Council for action in two weeks; however, a motion is already made for consideration tonight. 19
20
Mayor Marty stated the City’s staff is competent but this is the biggest project the City has seen 21
and he wants to assure it is done right and Building Official Osmonson has the best resources. 22
He stated he would prefer to see more information about their experience in this area and 23
whether they are licensed with the State. Director Ericson stated in terms of actual qualifications 24
and licensure, they have that documentation, the necessary criteria, and qualifications to conduct 25
this plan review. 26
27
Councilmember Stigney stated he trusts that Building Official Osmonson will advise the Council 28
if something comes up that is of concern to her. Building Official Osmonson noted that 29
additional funds have been included to assure an engineer or specialist can be brought in should 30
an issue come forward. She advised that Medtronic’s warehouses in Mounds View have been 31
the best for staff to work with in terms of Code abatement issues. 32
33
Mayor Marty stated that Building Official Osmonson has a lot of resources through the 34
Association of Minnesota Building Officials. 35
36
City Administrator Ulrich stated he is totally confident with the Council moving forward but if 37
the Council would like additional backup information on the company, that can be done. He 38
noted that Building Official Osmonson knows her limitations and if an outside firm is needed 39
with more technical expertise, she will make that request. 40
41
Mayor Marty stated he would like that additional information for his own personal information. 42
43
Councilmember Flaherty stated if this motion passes, staff will still assure their licensing is up to 44
date and adequate levels of liability insurance are provided. If not, the contract would be null 45
Mounds View City Council January 9, 2006
Regular Meeting Page 16
and void immediately. Director Ericson stated that is correct. 1
2
Ayes-3 Nay-1 (Marty) Motion carried. 3
4
M. Resolution 6709 Selection of the Official City Newspaper, Acting Mayor, 5
Treasurer, and Official Depositories for 2006 6
7
Assistant to the City Administrator Crane stated that the Focus and The Bulletin have both 8
submitted proposals to be the City’s official newspaper for 2006. The Council selected The 9
Bulletin as the City’s primary newspaper in 2005. She advised that The Bulletin’s rates continue 10
to be slightly less and both newspapers accept legal notices via e-mail. She advised that last year 11
and in years previous, the Council selected the St. Paul Pioneer Press as the City’s secondary 12
newspaper. Although the Pioneer Press did not submit a proposal this year, it would be 13
acceptable for the Council to select the Pioneer Press as the City’s secondary newspaper. 14
15
Councilmember Stigney stated his support to continue with The Bulletin and the St. Paul Pioneer 16
Press as stated in the resolution. He stated he also supports Kurt Ulrich serving as the City 17
Administrator, Mark Beer as the Treasurer, and Mary Tatarek as the Deputy Treasurer. 18
Councilmember Stigney stated he is willing to continue to serve as the Acting Mayor unless 19
another Councilmember would like the experience. 20
21
Mayor Marty stated for a few years The Bulletin was the City’s newspaper but the Focus 22
provided better coverage of Mounds View issues. Now both The Bulletin and Focus do a good 23
job of City coverage and both have e-mail and fax capabilities. Mayor Marty stated that it is 24
based primarily on the dollar amounts and The Bulletin is a little cheaper. He stated he can 25
support The Bulletin as long as they keep giving the City good coverage. Mayor Marty noted this 26
is reviewed each year. 27
28
Mayor Marty stated he is glad Councilmember Stigney is again wiling to serve as Acting Mayor 29
in 2006. 30
31
MOTION/SECOND: Gunn/Marty. To waive the reading and adopt Resolution 6709 Selection 32
of the Official City Newspaper, Acting Mayor, Treasurer, and Official Depositories for 2006. 33
34
Ayes-4 Nays-0 Motion carried. 35
36
8. CONSENT AGENDA 37
38
Councilmember Flaherty asked to remove Consent Agenda Item D. Mayor Marty asked to 39
remove Consent Agenda Item F. 40
41
A. Set a Public Hearing for 7:05 p.m. on Monday, January 23, 2006 for the 42
Second Reading on Ordinance 767, an Ordinance Implementing a Franchise 43
Fee on Xcel Energy Electric and Natural Gas Operations within the City of 44
Mounds View for the Year 2006 45
Mounds View City Council January 9, 2006
Regular Meeting Page 17
B. Set a Public Hearing for 7:10 p.m. on Monday, January 23, 2006 for the 1
Second Reading on Ordinance 768, an Ordinance Implementing a Franchise 2
Fee on Center Point Energy Natural Gas Operations within the City of 3
Mounds View for the Year 2006 4
C. Resolution 6702 Adopting a Modification to Section 4.1.A Meals, of the 5
City’s Purchasing Policy 6
D. Resolution 6705 Authorizing the Purchase of Financial Software 7
E. Resolution 6716 Authorizing the Preparation of a Preliminary Feasibility 8
Report and the Selection of a Consultant for the County Road 10 Trailway, 9
Lighting, and Landscape Project 10
F. Resolution 6711 Approving the TimeSaver Recording Secretary Contract 11
Extension for 2006 12
13
MOTION/SECOND: Flaherty/Stigney. To Approve the Consent Agenda Items A through C and 14
E. 15
16
Ayes-4 Nays-0 Motion carried. 17
18
D. Resolution 6705 Authorizing the Purchase of Financial Software 19
20
Councilmember Flaherty stated the proposal indicates the price is not to exceed $63,613 but the 21
actual quote from Tylerworks is $77,463. Finance Director Beer explained that figure is before 22
the $13,000 reduction related to the City’s 40% discount plus a reduction for implementation. 23
He reviewed the costs and stated the number is $63,613 when you include the travel costs. 24
25
Mayor Marty noted the costs are detailed within the Resolution. 26
27
MOTION/SECOND: Flaherty/Stigney. To waive the reading and adopt Resolution 6705 28
Authorizing the Purchase of Financial Software. 29
30
Ayes-4 Nays-0 Motion carried. 31
32
E. Resolution 6716 Authorizing the Preparation of a Preliminary Feasibility 33
Report and the Selection of a Consultant for the County Road 10 Trailway, 34
Lighting, and Landscape Project 35
36
Mayor Marty stated this item was acted on under the Consent Agenda but he had a question. He 37
stated he had mentioned before that Congressman Oberstar got federal funds for trailways. He 38
asked if staff considered contacting Ramsey County Parks and Trails about possible assistance. 39
Community Development Director Ericson advised that Public Works Director Lee is looking 40
into those options and staff will advise the Council if the City can take advantage of other 41
funding opportunities. 42
43
Councilmember Gunn stated she thinks there are some restrictions on the funds secured by 44
Congressman Oberstar and it was to be used in a specific area, perhaps the Shoreview area. 45
Mounds View City Council January 9, 2006
Regular Meeting Page 18
1
F. Resolution 6711 Approving the TimeSaver Recording Secretary Contract 2
Extension for 2006 3
4
Mayor Marty noted the resolution indicates that TimeSaver has been taking minutes since 1999. 5
Assistant to the City Administrator Crane stated that is correct. 6
7
Mayor Marty stated that there had been problems with the minutes in 1999 but during the last 8
several years, the work has been outstanding. 9
10
MOTION/SECOND: Marty/Gunn. To waive the reading and adopt Resolution 6711 Approving 11
the TimeSaver Recording Secretary Contract Extension for 2006. 12
13
Ayes-4 Nays-0 Motion carried. 14
15
9. JUST AND CORRECT CLAIMS 16
17
Councilmember Flaherty asked when the sump pump program ends. Community Development 18
Director Ericson stated his understanding the program has ended and indicated that staff will 19
provide that information to the Council. 20
21
Councilmember Flaherty asked about the cost to move a shed building. Finance Director Beer 22
advised that one of the golf course sheds was retained for use by Parks. 23
24
Mayor Marty asked about check #117628 to Short-Elliott & Hendrickson for the LaPort 25
Meadows wetland. Community Development Director Ericson stated that cost is for the 26
delineation and it did expand the budgeted amount so there may be another invoice. 27
28
Mayor Marty stated he will ask the Police Chief about check #117631 to Thomson Healthcare for 29
a Physicians’ Desk Reference. 30
31
Councilmember Flaherty asked about check #117634 to U.H.L. Company for a replacement heat 32
exchanger, motor and damper. Finance Director Beer explained that work was completed right 33
after moving from the City Hall into the Community Center. 34
35
Mayor Marty stated he will ask the Police Chief about check #117687 to Metro for police 36
equipment in the amount of $5,900. 37
38
Mayor Marty questioned check #117696 to Office Max Credit Plan and asked why credit is being 39
used. Finance Director Beer stated he thinks it involves an instance where a bill got lost over a 40
period of time. 41
42
Mayor Marty asked about check #117717 to Driver & Vehicle Services Division for four 43
forfeiture vehicle titles. Finance Director Beer explained that the vehicles were forfeited and 44
became the property of Mounds View so the vehicles have to be titled before they are sold. 45
Mounds View City Council January 9, 2006
Regular Meeting Page 19
1
Councilmember Flaherty noted the check to Aim Electronics for rehabilitation of the City Hall 2
message display. He asked if the sign is now working. Finance Director Beer stated the cost is 3
for the initial supplies needed to start the project. 4
5
Councilmember Flaherty asked about check #117655 to Bonestroo, Rosene, Anderlik & 6
Associates for Medtronic utility extension in the amount of $9,400. Community Development 7
Director Ericson stated it is for the study to run utilities under Highway 10. City Administrator 8
Ulrich stated it will be reimbursed by Medtronic. 9
10
Councilmember Flaherty asked about check #117677 to the League of Minnesota Cities 11
Insurance for a golf course redevelopment claim in the amount of $10,000. Finance Director 12
Beer explained that is the deductible related to the law suit on the sufficiency of the petition and 13
is a reimbursable expense by Medtronic. 14
15
MOTION/SECOND: Gunn/Flaherty. To approve the Just and Correct Claims as presented. 16
17
Ayes-4 Nays-0 Motion carried. 18
19
10. APPROVAL OF MINUTES 20
21
A. Truth in Taxation Meeting Minutes, December 5, 2005 22
23
MOTION/SECOND: Marty/Stigney. To Approve the December 5, 2005 Truth in Taxation 24
meeting minutes as corrected. 25
26
Ayes-4 Nays-0 Motion carried. 27
28
B. City Council Meeting Minutes, December 12, 2005 29
30
MOTION/SECOND: Flaherty/Gunn. To Approve the December 12, 2006 City Council meeting 31
minutes as corrected. 32
33
Ayes-4 Nays-0 Motion carried. 34
35
C. Executive Session Meeting Minutes, December 12, 2005 36
37
MOTION/SECOND: Gunn/Flaherty. To Approve the December 12, 2006 Executive Session 38
meeting minutes as presented. 39
40
Councilmember Stigney asked if the individual should be identified in the meeting minutes. City 41
Administrator Ulrich stated he reviewed that issue with the City Attorney who did not think the 42
person should be identified. 43
44
Mounds View City Council January 9, 2006
Regular Meeting Page 20
Councilmember Stigney asked if the clarifying statements of the complainant are now available. 1
City Administrator Ulrich stated he will check and provide that information to the Council. 2
3
Ayes-4 Nays-0 Motion carried. 4
5
11. REPORTS 6
7
A. Reports of Mayor and Council 8
9
Mayor Marty reported that he received two calls commending the Police Department on random 10
enforcement. He stated that since the Safe and Sober Grant was received he has noticed 11
additional enforcement within Mounds View. Mayor Marty noted that it has been shown that 12
more enforcement and police presence reduces crime. He again commended the Police 13
Department on their work with random enforcement. 14
15
B. Reports of Staff 16
17
1. Review Citations Issued to Khaldon Bteibet 18
19
Community Development Director Ericson advised that Khaldon Btiebet is requesting the 20
Council take action to dismiss the court citation issued to him. Director Ericson noted the staff 21
report detailing the violations and request of Mr. Btiebet to authorize a waiver of the citation 22
because he is not a controlling interest in the property. He noted that Mr. Btiebet is an operator 23
but does not own or lease the property so Mr. Btiebet believes that he is not able to effect change. 24
25
Director Ericson stated his report indicates a confirmation that the property owners are out of 26
State and advised that staff has been working with this property to resolve code issues for the last 27
year and a half. The operator of the business is the responsible party but if the responsible party 28
is not present to cut the grass or conduct maintenance, then it is the responsibility of the operator. 29
That operator is Khaldon Btiebet. 30
31
Director Ericson noted there are three charges on the ticket and staff is actively pursuing 32
abatement of the property. A sealed bid opening will occur in two weeks. He advised that staff 33
would not recommend waiving the tickets but it is at the Council’s discretion. 34
35
Councilmember Flaherty stated the Council agreed previously to authorize the abatement which 36
would automatically lien the property. Director Ericson stated the City would invoice the 37
responsible parties and if payment is not received within 30 days, the cost would be assessed to 38
the property. 39
40
Councilmember Flaherty asked what occurs if the property is in bankruptcy. Director Ericson 41
stated he is not sure but does not believe that will be an issue in this case since the property 42
owners have the means to cover the expenses. 43
44
Mounds View City Council January 9, 2006
Regular Meeting Page 21
Mayor Marty stated he recalls this topic being discussed before, that the lien would stay with the 1
property so the City will get the money. Director Ericson stated that is true and the only risk 2
would be if the property went tax forfeit. In that case, there is still a good likelihood the City will 3
receive its costs and lien. 4
5
Mayor Marty noted the chronological timeline and issue with the grass being 8 to 10 inches. He 6
noted that they were told to mow the grass and if not the City would mow it and they would be 7
assessed. He asked if the City did mow the grass. Director Ericson stated he thinks that the City 8
did cut part of the grass and invoiced the responsible parties. 9
10
Finance Director Beer explained that the time the City would be at risk for bankruptcy 11
proceedings is the time between when the invoice is submitted and the property is certified for 12
collection. 13
14
Mayor Marty stated Mr. Bteibet is in an awkward position because he does not own or lease the 15
property but he does have the licenses. On the other hand, there are staff reports and copies of 16
letters to which Mr. Bteibet did not respond. In addition, Fire Code violations were sent and Mr. 17
Bteibet did not make any effort or attempt to work with the City or communicate with staff. 18
19
Mayor Marty stated it is a two-way street and the City has been sending notices for quite some 20
time. He asked if there is a way to consider a reduction in the fine. 21
22
Director Ericson explained that the City does not determine the fine, that is the decision of the 23
judge. The judge may also determine if the fine should be stayed if correction is made. 24
25
Councilmember Flaherty pointed out that the violations go back to November of 2004 and last 26
month was Mr. Bteibet’s first appearance before the Council. He stated that he feels for Mr. 27
Bteibet’s situation but the owners of the property are calling the “shots” and doing nothing to 28
address the concerns of the City. 29
30
Mayor Marty noted if Mr. Bteibet had taken any action prior to coming to the Council meeting a 31
month ago, it would have been better for his case. Mayor Marty stated his support to direct staff 32
to proceed. 33
34
The Council concurred with staff’s recommendation. 35
36
2. Discuss Sale of Premium Stop Property, 2390 County Road 10 37
38
Community Development Director Ericson noted his report that this property is for sale and the 39
owners are quite motivated. The agent quoted a price of about $12 per square foot and now the 40
price has been reduced to $675,000 for the property. 41
42
Director Ericson stated if the property is sold, staff believes that it will be reutilized as a gas 43
station and the agent confirmed the calls are from people interested in reutilizing it as a gas 44
station. The benefit of the City acquiring would be to eliminate blight on the immediate area and 45
Mounds View City Council January 9, 2006
Regular Meeting Page 22
community. Also, the City would control the destiny of the property and determine what should 1
be there, if anything. He noted the current situation impacts the visual aesthetics of Mounds 2
View. Staff recommends the City seriously consider the purchase of this property from a willing 3
seller. 4
5
Councilmember Gunn stated her agreement. 6
7
Councilmember Flaherty asked about environmental impacts. Director Ericson suggested 8
ordering a Phase 1 environmental study to make sure the City is not getting into anything that 9
would cost a lot in the long run. He advised that there are no spill findings or active issues with 10
this property so it looks to be clean but that will not be known for sure until you do more digging. 11
12
Mayor Marty noted the car wash has a different owner. Director Ericson stated they probably 13
contracted with someone to build the car wash and the doors were locked when they stopped 14
making payments. 15
16
Mayor Marty noted that the Highway 10 redevelopment project may result in the need for more 17
ponding areas and asked if the City would be on the hook for relocation costs. Director Ericson 18
explained that the City would not be liable for relocation or the mortgage on the property. He 19
explained that the current property owner would be liable for those issues. 20
21
Director Ericson stated he is not asking for consent to purchase the property. Staff is 22
recommending that a purchase agreement be drafted for the Council’s future consideration. 23
24
Mayor Marty noted if the sushi restaurant is successful, it could expand into this area. 25
26
Councilmember Stigney stated this is a lot of money and asked if this is the best use for the 27
City’s money when the prime use of this property is not yet known. Councilmember Stigney 28
pointed out that City funds are available for businesses to use to improve their property. He 29
stated he prefers to do that as a community development project to see what is the desired goal 30
instead of buying the property. He stated the City needs a plan before it moves forward. 31
32
Director Ericson explained that for the last three years staff has been actively looking at potential 33
developers and talking with the property owners but their only intent is to sell. Staff has talked 34
with developers but no one wants to consider this because it is a stand alone parcel. With the 35
Donut Connection there was an opportunity in 2005 that would have elevated the potential for 36
this site and staff has been trying to encourage redevelopment but those efforts have not been 37
successful. He stated he appreciates the need for a plan and that this is a significant amount of 38
money but the property has gotten worse. 39
40
Mayor Marty stated that TIF is for addressing blighted properties and as has been stated, the only 41
inquiries being received are from individuals interested in continuing a gas station operation. He 42
stated he has mixed feelings on this one but the property is so blighted and in the middle of the 43
City, so he would be willing to explore how to remove this blight and find a better solution. 44
45
Mounds View City Council January 9, 2006
Regular Meeting Page 23
Councilmember Gunn reviewed that there had been a blighted house which stood empty for 1
years. In that case, the City bought the property, cleared it, and now there is an animal hospital in 2
that location. 3
4
Councilmember Stigney stated that only cost $145,000, not $675,000. He noted that TIF is not 5
an infinite pool of money and the Council needs to decide where is the best use for TIF. He 6
stated his support to first have a plan that addresses trails and other issues. 7
8
Councilmember Gunn stated the Council has an obligation to the City to make County Highway 9
10 presentable. That has been one of the goals, and is still a goal. Councilmember Gunn stated 10
that she thinks this should be done since the City is going ahead with the Highway 10 11
development. 12
13
Councilmember Stigney stated the Council should look at how much money is available, what 14
are the priorities, and then create a plan on what can be done with the property. 15
16
Mayor Marty asked about the timeline on how quickly the property may sell or if they may drop 17
the price. Director Ericson stated that is difficult to gauge because some properties stay on the 18
market for a long period of time while others sell quickly. He noted this property is blighted 19
enough that some may be reluctant to take it on but he has no doubts that if someone buys it, they 20
will make no appreciable improvements and operate it as is. 21
22
City Administrator Ulrich stated there are a lot of activities the City can use TIF for and staff has 23
looked at those in the past. With all the plans done to date, at least part was for property 24
acquisition. He agreed that the City does not want to tie up all TIF with property acquisitions 25
and the intent is not to commit a major portion of TIF. City Administrator Ulrich stated the 26
intent is to buy the property, clean it up, and turn it over in an expedient way. He noted the City 27
has the resource of TIF and it would be a small percentage of the available funds. 28
29
Mayor Marty stated in the past the City has purchased the properties, demolished buildings, and 30
sold the properties for less than paid for. However, a new structure was built on the property that 31
was more taxable than the original building. Mayor Marty noted that after the purchase, the City 32
has costs to demolish the building and remove the gas tanks so he expects it may be closer to 33
$800,000. He asked about the EPA coming in to determine whether there are contaminants that 34
have to be addressed. 35
36
Director Ericson stated a Phase 1 environmental analysis costs $2,000 to $2,500 and can be 37
completed in several weeks. A Phase 2 environmental study would involve borings and soil 38
sample testing. He stated he would not recommend the City go to that stage without further 39
discussion and direction from the Council. 40
41
Mayor Marty stated he feels something needs to be done with this property because it is a 42
reflection on the City’s image. He stated this is what TIF was originally designed for, the 43
purchase of blighted properties or buildings and to turn them around. He stated that out of 44
necessity, he would support going ahead at this time. 45
Mounds View City Council January 9, 2006
Regular Meeting Page 24
1
Councilmember Flaherty agreed this is a blight on Mounds View and something needs to happen. 2
He stated his support for staff to talk with the property owner about a sale price and to research 3
environmental studies. He suggested the City also look at what to do with the property and what 4
the interest would be. 5
6
Mayor Marty asked staff to prepare ideas to market this property. 7
8
3. Update on City Hall Renovation 9
10
City Administrator Ulrich reported that the City Hall renovation project is coming along well and 11
the entrance areas have been bricked. He stated he toured the building with Councilmember 12
Gunn today and invited other Councilmembers to view the building. He stated that staff will 13
return with a furniture proposal some time in February. 14
15
4. Community Center Task Force 16
17
Mayor Marty stated there is now a Task Force to look at the Community Center/Banquet Facility. 18
He explained that when he served on the YMCA Advisory Committee several years ago, there 19
were issues on accountability, damages at the community center, and who was responsible. He 20
stated those issues deserve some scrutiny. 21
22
Councilmember Gunn advised that issue was brought up today. 23
24
C. Reports of City Attorney 25
26
None. 27
28
12. Next Council Work Session: Monday, January 30, 2006 at 7 p.m. (February 29
Work Session) 30
Next Council Meeting: Monday, January 23, 2006 at 7 p.m. 31
32
13. ADJOURNMENT 33
34
The meeting was adjourned at 9:57 p.m. 35
36
Transcribed by: 37
38
39
Carla Wirth 40
TimeSaver Off Site Secretarial, Inc. 41