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HomeMy WebLinkAboutAgenda Packets - 2006/06/12 CITY OF MOUNDS VIEW CITY COUNCIL MEETING AGENDA MOUNDS VIEW CITY HALL Monday, June 12, 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 A. Resolution 6848, Resolution of Appreciation for Israel Diaz, Volunteer Fire Inspector for the SBM Fire Department. 7. COUNCIL BUSINESS A. 7:05pm Public Hearing to Consider Resolution 6836, a Resolution Approving a Conditional Use Permit for an Oversize Garage at 8382 Knollwood Drive. B. 7:10pm Public Hearing to Consider Resolution 6837, a Resolution Approving a Conditional Use Permit for an Oversize Garage at 5308 St. Stephen Street. C. 7:15pm Public Hearing to Consider Resolution 6830, an Off Sale Intoxicating Liquor License Renewal for ABC Liquor located at 2840 Highway 10. D. 7:20pm Public Hearing to Consider Resolution 6831, an Off Sale Intoxicating Liquor License Renewal for Big To Liquor located at 2577 Highway 10. E. 7:25pm Public Hearing to Consider Resolution 6832, an Off Sale Intoxicating Liquor License Renewal for Vino & Stogies located at 2345 County Road H2. F. 7:30pm Public Hearing to Consider Resolution 6833, an On Sale Intoxicating Liquor License Renewal for Robert’s Sports Bar and Entertainment located at 2400 County Road H2. G. 7:35pm Public Hearing to Consider Resolution 6834, an On Sale Intoxicating Liquor License Renewal for The Mermaid located at 2200 Highway 10. H. 7:40pm Public Hearing to Consider Resolution 6835, an On Sale Wine and 3.2 Malt Liquor License Renewal for Taiko Sushi located at 2394 Highway 10. I. Resolution 6838, Resolution of Approving Proposals for Technology and Electronics Package for SBM Fire Station #3 J . Resolution 6826 Approving the Plans and Specifications and Authorizing the Advertisement for Bids and Setting a Bid Date for the Medtronic Utility Extension Project K. Resolution 6839 Consider a Charitable Gambling Permit for the Lake Region Hockey Association to conduct Charitable Gambling at Moe’s located at 2400 Highway 10. L. First Reading and Introduction of Ordinance 773 Amending the Zoning Code Relating to Landscaping, Fences and Retaining Walls M. Resolution 6841 Approving the Communications Coordinator to attend the NATOA Conference in Florida. N. Resolution 6849 Resolution Authorizing Severance Package for William Hanggi, Mounds View Public Works Lead Utility Worker. O. Resolution 6844 Appointing Mike Schnur as the Lead Utility Worker and Authorizing the Advertisement for the Vacancy in the Water Division of the Public Works Department City Council Meeting Agenda June 12, 2006 Page 2 7. COUNCIL BUSINESS CONTINUED…. P. Resolution 6845 Approving Change Orders No. 27 through 30 for the City Hall Rehabilitation Project Q. Resolution 6847 Approving Change Order No. 1 for the Random Park Building Replacement Project 8. CONSENT AGENDA A. Licenses for Approval B. Resolution 6842, Approving a Revision to Larry Siluk’s Severance Package. C. Resolution 6850 Appointing North Suburban Cable Commission Alternate Member D. Set a Public Hearing for Monday, June 26, 2006 at 7:05 pm to Consider the Second Reading and Adoption of Ordinance 773 Amending the Zoning Code Relating to Landscaping, Fences and Retaining Walls E. Set a Public Hearing for Monday, June 26, 2006 at 7:10 pm to Consider a Rezoning Request Submitted by Integra Homes Relating to the Properties at 2901 and 2925 County Road 10 and the West Half of 8060 Groveland Road to R-3, Medium Density Residential F. Set a Public Hearing for Monday, June 26, 2006 at 7:15 pm to Consider a Conditional Use Permit for Midwest Motor Express Located at 2169 Mustang Drive. G. Resolution 6843 Accepting the Donation of Children’s Play Apparatus from YMCA for the Community Center. H. Resolution 6846 Awarding a Construction Contract for the Hidden Hollow South Street and Utility Installation Project I. Resolution 6827 Authorization to hire Justin Solberg as Part Time Public Service Officer for the Police Department. J. Resolution 6851 Authorization to Purchase a Replacement Squad Car for a Totaled Squad Car utilizing Payment from Progressive Insurance Companies and Funds from the Vehicle and Equipment Fund. 9. JUST AND CORRECT CLAIMS 10. APPROVAL OF MINUTES A. May 22, 2006 City Council Minutes. 11. REPORTS A. Reports of Mayor and Council B. Reports of Staff 1. Police Department Quarterly Report C. Reports of City Attorney 12. Next Council Work Session: Monday, July 17, 2006 at 7pm Next Council Meeting: Monday, June 26, 2006 at 7pm From the desk of: Kathi Osmonson Fire Marshal / Building Official 2401 Highway 10 Mounds View, MN 55112 763-717-4024 kathi.osmonson@ci.mounds-view.mn.us City of Mounds View Memo To: Honorable Mayor and Mounds View City Council Date: June 12, 2006 Re: Israel Diaz, Volunteer Fire Inspector, SBM Fire Department I would like to bring to The City Council’s attention the significant contribution that Israel Diaz, a member of the Spring Lake Park – Blaine – Mounds View Fire Department, is making to this community. Israel has been donating his time voluntarily, without compensation, conducting fire inspections in the City of Mounds View, since November 2004. Israel is self-motivated and with minimum training, has taken on a large portion of the Mounds View routine fire inspections from initial inspection to follow up to documentation to compliance. He has successfully achieved compliance with 62 Mounds View Businesses. This number does not reflect the number of follow up inspections and other tasks involved. Israel has also been instrumental in the Knox Box maintenance and verification program; he is lubricating and exercising the Knox Boxes and verifying that the keys inside gain required access to the building in case of a fire emergency. Please let the record reflect that Israel has donated upwards of 300 hours of his valuable time for the City of Mounds View. Israel has proven to be a valuable asset, not only to the City of Mounds View, but also to the entire Spring Lake Park – Blaine – Mounds View Fire Department. I would like to take this opportunity to publicly commend Mr. Diaz for the outstanding work he is doing and am pleased to present the attached resolution of appreciation for City Council consideration. Kathi Osmonson Mounds View Fire Marshal Item 6A RESOLUTION NO. 6848 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION OF APPRECIATION TO ISRAEL DIAZ WHEREAS, Israel Diaz, a member of the Spring Lake Park – Blaine – Mounds View Fire Department, has been a fire inspection intern since November 2004; and, WHEREAS, Mr. Diaz has given generously of his time and without compensation has donated more than 300 hours; and, WHEREAS, Mr. Diaz has single-handedly achieved compliance with the Minnesota State Fire Code in 62 Mounds View businesses handling communications and re- inspections on his own; and, WHEREAS, Mr. Diaz has been instrumental in the Knox Box maintenance and verification program; and, WHEREAS, Mr. Diaz has assisted with building inspections where there were major code violations and language barriers, serving as a Spanish speaking interpreter. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mounds View, on behalf of the residents of the City of Mounds View, expresses its appreciation to Israel Diaz for his dedicated and devoted service on the Mounds View Fire Inspections Department and the Mounds View Fire Department. Adopted this 12th day of June, 2006. ATTEST: Rob Marty, Mayor Councilmember Gunn Councilmember Stigney Councilmember Thomas Councilmember Flaherty Kurt Ulrich, Clerk / Administrator Item No: 7A Meeting Date: June 12, 2006 Type of Business: Public Hearing City Administrator Review: _____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Heidi Heller, Planning Associate Item Title/Subject: Consideration of a Conditional Use Permit for an Oversized Garage at 8382 Knollwood Drive; Planning Case No. CU2006-003 Introduction: The applicants, Robert & Lisa Horbul, are requesting approval of a conditional use permit to construct an oversized garage on their property at 8382 Knollwood Drive. The current garage size is 34’x26’ (884 square feet). The applicants would like to build a 24’x30’ addition onto the rear of the current three stall garage. The plot plan submitted indicates a garage area in excess of what is allowed without a conditional use permit. Accessory buildings, attached or detached, are limited to 952 square feet. Anything beyond 952 square feet must go through a conditional use permit application process. The garage proposed for 8382 Knollwood Drive would be 1,604 square feet. The applicants indicate that they would like the additional garage space for indoor storage of recreational vehicles. The applicant’s large backyard is approximately 145 feet deep with one shed near the back property line. After adding this garage addition, the applicants would have 1,796 square feet of accessory buildings, almost reaching the maximum allowable (1,800 square feet). Requirements: Section 1106.03, Subd. 1: This part of the Code limits the height of an accessory building, the number of accessory buildings and the backyard coverage ratio of accessory buildings. A Conditional Use Permit (CUP) is required for garages exceeding 952 square feet. Section 1106.04, Subd. 6: This part of the Code enumerates the conditions for garages exceeding 952 square feet, which are that the garage be permanent, be uniform in appearance with the home, not exceed 35 feet in width, and not exceed 1,800 square feet of total accessory building area on the lot. Section 1125.01, Subd. 1: The City is required to review the possible adverse effects of the requested conditional use. Discussion: The request for a Conditional Use Permit to construct the 1,604 square foot garage satisfies the requirements as stated in Section 1106.03 and 1106.04, Subdivision 6 of the Mounds View Zoning Code. All setback and dimensional requirements would be satisfied with this request. The backyard coverage ratio will be approximately 6.9%, well below the maximum 20%. Horbul CUP Request June 12, 2006 Page 2 The Comprehensive Plan encourages the development and maintenance of residential areas so as to improve the quality, appearance and attractiveness of housing units and residential property in general. The Comprehensive Plan designates this property, 8382 Knollwood Drive, as low-density residential. CUP Considerations: Chapter 1125 of the Zoning Code requires that any potential adverse effects be reviewed and addressed which include, but are not limited to, relationship with the Comprehensive Plan, geographical area involved, potential depreciation, the character of the surrounding area and the demonstrated need for such a use. Each of these potential adverse effects is addressed below. Relationship with the Comprehensive Plan. As previously stated, the Comprehensive Plan encourages the development and maintenance of residential areas so as to improve the quality, appearance and attractiveness of housing units and residential property in general. By having a larger garage the applicants would be able to store their recreational vehicles inside, which would be a benefit to the neighborhood. The Geographical Area Involved. The home is located on Knollwood Drive, near the northern end of the city. Since the additional space for the garage will be in the back, the building will still appear to be a normal three car size garage from the street. In this case, the proposed oversized garage would not be out of place in this neighborhood that has large, deep backyards. Although, it would somewhat block the view across the backyards from the adjoining neighbor’s property. Depreciation. The proposed garage would benefit the subject property both in a practical sense by providing additional on site, indoor parking and storage, as well as in an economic sense, as the construction would increase the “value” of the property. Increased property values are of course a benefit to everyone. The Character of the Surrounding Area. Knollwood Drive is strictly a residential neighborhood. All of the homes on this street were constructed in the mid-1970’s. The proposed garage would not be out of character in this area since the addition would not be easily visible from the street. The front appearance of the garage would not change with this addition, although the applicant has indicated that the garage roof peak would shift 90 degrees in order to accommodate the rear addition. The Demonstrated Need for Such a Use. The applicants are proposing a 24’x30’ garage addition which would allow for more indoor parking and storage space. The applicants would like to be able to park their recreational vehicles inside the garage (boat, motorcycle, ATV, and trailer). Summary: All zoning and code issues are satisfied with this request. Horbul CUP Request June 12, 2006 Page 3 Recommendations: After holding the public hearing and taking testimony from staff and the property owner, the Council can take one of the following actions related to the request: 1. Approve the conditional use permit as requested. Staff has prepared a resolution for the Council’s action if that is the chosen course of action 2. Deny the conditional use permit. If the City Council selects this option, Staff would need to be directed to draft a resolution of denial with findings of fact appropriate to support the denial. 3. Table the request. If additional information is needed before a decision can be rendered or if more discussion is needed, the Council can simply move to table the request until such information has been provided. Because of 60-day requirements, the Council would need to act upon the request as soon as reasonably possible to avoid an inadvertent approval. Respectfully submitted, Heidi Heller Planning Associate Attachments: 1. Planning Application 2. Plot Plan 3. Zoning Map 4. Aerial View 5. Photographic Documentation 6. Resolution 832-06 Plot Plan Zoning Map Aerial View Proposed Addition Photographic Documentation Photographic Documentation Rear of property behind garage MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 833-06 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW FOR A 1,604 SQUARE-FOOT GARAGE AT 8382 KNOLLWOOD DRIVE; PLANNING CASE NO CU2006-003 WHEREAS, property owners Robert and Lisa Horbul have applied for a conditional use permit to construct a 1,604 square foot garage; and, WHEREAS, the subject property, located at 8382 Knollwood Drive, is zoned R-1, Single Family Residential, and is legally described as follows: Lot 7, Block 2, Gustafson’s 2nd Addition WHEREAS, the Mounds View Zoning Code conditionally allows garages in excess of 952 square feet in area with a maximum accessory building area not to exceed 1,800 square feet; and, WHEREAS, the proposed garage would be 1,604 square feet, thus necessitating application of a conditional use permit; and, WHEREAS, the Planning Commission has reviewed the following documents regarding this proposal: a. Planning Application b. Plot Plan c. Zoning Map d. Aerial View e. Photographic Documentation f. Staff Report NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission makes the following findings of fact related to the conditional use permit request: 1. The proposed oversized 1,604 square foot garage satisfies the dimensional requirements as outlined in Chapters 1104 and 1106 the Zoning Code. 2. The request is consistent with the Mounds View Comprehensive Plan in that the Comprehensive Plan encourages the development and maintenance of residential areas so as to improve the quality, appearance and attractiveness of housing units and residential property in general. 3. The proposed garage would not be out of place given the character and geography of the surrounding area involved. 4. The proposed garage would not depreciate the neighborhood. 5. The applicants have sufficiently demonstrated that a need exists for the proposed oversized garage. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Mounds View Planning Commission recommends approval of the conditional use permit for the 1,604 square foot garage, with conditions as follows: 1. The garage shall not be used for commercial purposes, living space or other uses not allowed within the R-1 Single-Family Residential district or by the Zoning Code. Should the use change for which the permit was granted; the conditional use permit shall be considered null and void. 2. The garage expansion shall be designed and maintained to provide a uniform appearance with the existing house. 3. No additional sheds or accessory buildings shall be allowed on the property. 4. The Conditional Use Permit (CUP) shall become null and void if the work for which the CUP was granted is not completed within one year from the date of approval unless a petition for extension of time in which to complete the work has been granted by the City Council. BE IT FINALLY RESOLVED that the Mounds View Planning Commission directs staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this 17th day of May 2006. ________________________________ Gary Stevenson, Chairperson ATTEST: ________________________________ James Ericson, Community Development Director (SEAL) RESOLUTION NO. 6836 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A 1,604 SQUARE-FOOT GARAGE AT 8382 KNOLLWOOD DRIVE; PLANNING CASE NO CU2006-003 WHEREAS, property owners Robert and Lisa Horbul have applied for a conditional use permit to construct a 1,604 square foot garage attached to their home located at 8382 Knollwood Drive; and, WHEREAS, the subject property is zoned R-1, Single Family Residential, and is legally described as follows: Lot 7, Block 2, Gustafson’s 2nd Addition WHEREAS, the Mounds View Zoning Code conditionally allows garages in excess of 952 square feet in area with a maximum accessory building area not to exceed 1,800 square feet; and, WHEREAS, the proposed garage would be 1,604 square feet, thus necessitating application of a conditional use permit; and, WHEREAS, the City Council has reviewed the following documents regarding this proposal: 1. Planning Application 2. Plot Plan 3. Zoning Map 4. Aerial View 5. Photographic Documentation 6. Staff Report WHEREAS, the Planning Commission held a public hearing regarding the conditional use permit request on Wednesday, May 17, 2006 and recommended approval of the CUP to the City Council as outlined in their Resolution 833-06; and, WHEREAS, the Mounds View City Council held a public hearing regarding the conditional use permit request on Monday, June 12, 2006. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council makes the following findings of fact related to the conditional use permit request: Resolution 6836 Page 2 1. The proposed oversized 1,604 square foot garage satisfies the dimensional requirements as outlined in Chapters 1104 and 1106 the Zoning Code. 2. The request is consistent with the Mounds View Comprehensive Plan in that the Comprehensive Plan encourages the development and maintenance of residential areas so as to improve the quality, appearance and attractiveness of housing units and residential property in general. 3. The proposed garage would not be out of place given the building design, character and geography of the surrounding area involved. 4. The proposed garage would not depreciate the neighborhood. 5. The applicants have sufficiently demonstrated that a need exists for the proposed oversized garage. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Mounds View City Council approves the conditional use permit for the 1,604 square foot garage, with conditions as follows: 1. The garage shall not be used for commercial purposes, living space or other uses not allowed within the R-1 Single-Family Residential district or by the Zoning Code. Should the use change for which the permit was granted; the conditional use permit shall be considered null and void. 2. The garage expansion shall be designed and maintained to provide a uniform appearance with the existing house. 3. No additional sheds or accessory buildings shall be allowed on the property. 4. The Conditional Use Permit (CUP) shall become null and void if the work for which the CUP was granted is not completed within one year from the date of approval unless a petition for extension of time in which to complete the work has been granted by the City Council. Adopted this 12th day of June, 2006. _____________________________________ Rob Marty, Mayor ATTEST: ____________________________________ Kurt Ulrich, City Clerk / Administrator (SEAL) Item No: 7B Meeting Date: June 12, 2006 Type of Business: Public Hearing City Administrator Review: ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Heidi Heller, Planning Associate Item Title/Subject: Consideration of a Conditional Use Permit for an Oversized Garage at 5308 St. Stephen Street; Planning Case No. CU2006-004 Introduction: The applicant, Mark McKay, is requesting approval of a conditional use permit to construct an oversized garage on his property at 5308 St. Stephen Street. The current garage will be demolished and a new larger attached garage constructed. The current garage size is 24’x22’ (528 square feet). The applicant would like to build a new garage that would be the same width but would be 46 feet deep. The plot plan submitted indicates a garage area in excess of what is allowed without a conditional use permit. Accessory buildings, attached or detached, are limited to 952 square feet. Anything beyond 952 square feet must go through a conditional use permit application process. The garage proposed for 5308 St. Stephen Street would be 1,104 square feet. The applicant indicates that he would like the extra depth in order to park a third vehicle in the garage and for storage. The applicant’s lot is not wide enough to add another garage stall on the side. Requirements: Section 1106.03, Subd. 1: This part of the Code limits the height of an accessory building, the number of accessory buildings and the backyard coverage ratio of accessory buildings. A Conditional Use Permit (CUP) is required for garages exceeding 952 square feet. Section 1106.04, Subd. 6: This part of the Code enumerates the conditions for garages exceeding 952 square feet, which are that the garage be permanent, be uniform in appearance with the home, not exceed 35 feet in width, and not exceed 1,800 square feet of total accessory building area on the lot. Section 1125.01, Subd. 1: The City is required to review the possible adverse effects of the requested conditional use. Discussion: The request for a Conditional Use Permit to construct the 1,104 square foot garage satisfies the requirements as stated in Section 1106.03 and 1106.04, Subdivision 6 of the Mounds View Zoning Code. All setback and dimensional requirements would be satisfied with this request. With the garage addition, the backyard coverage ratio would be 10.6%, well below the maximum 20% allowed. McKay CUP Request June 12, 2006 Page 2 The Comprehensive Plan encourages the development and maintenance of residential areas so as to improve the quality, appearance and attractiveness of housing units and residential property in general. The Comprehensive Plan designates this property, 5308 St. Stephen Street, as low-density residential. CUP Considerations: Chapter 1125 of the Zoning Code requires that any potential adverse effects are reviewed and addressed which include, but are not limited to, relationship with the Comprehensive Plan, geographical area involved, potential depreciation, the character of the surrounding area and the demonstrated need for such a use. Each of these potential adverse effects is addressed below. Relationship with the Comprehensive Plan. As previously stated, the Comprehensive Plan encourages the development and maintenance of residential areas so as to improve the quality, appearance and attractiveness of housing units and residential property in general. An entirely new garage will be constructed and will be a benefit to the neighborhood. The Geographical Area Involved. The home is located on St. Stephen Street. Since the additional space for the garage will be in the back, the building will still appear to be a regular two car size garage from the street. In this case, the proposed oversized garage would not be noticeable or out of place in the neighborhood. This garage should not affect the neighboring properties much. It would block the view across the backyards from the neighbor to the north, but it isn’t much different than how the neighbor to the south has their garage setback behind the house. The homes in Pinewood Court behind 5308 St. Stephen should not be affected since they are offset and angled from the St. Stephen homes (see aerial view). Depreciation. The proposed garage would benefit the subject property both in a practical sense by providing additional on site, indoor parking and storage, as well as in an economic sense, as the construction would increase the “value” of the property. Increased property values are of course a benefit to everyone. The Character of the Surrounding Area. Although St. Stephen Street is strictly residential, 5308 is near the end of the street where it meets County Road 10. All of the homes on this street were constructed in the early 1950’s. The proposed garage would not be out of character in this area since the bulk of the garage will be hidden from view of the street. The new garage width would be the same as it is now, so it would not change the current front look of the house. The new garage roof and peak would blend in with the house. The Demonstrated Need for Such a Use. The applicant is proposing a 24’x46’ garage which would allow for parking more than two vehicles inside and/or storage space since there are no other accessory buildings on the property. The applicant would like to park a third vehicle inside and can only do that by making the garage deeper since his lot is not wide enough to add an additional garage stall on the side. Due to the depth required for a vehicle, the garage requires a conditional use permit. Summary: All zoning and code issues are satisfied with this request. McKay CUP Request June 12, 2006 Page 3 Recommendations: After holding the public hearing and taking testimony from staff and the property owner, the Council can take one of the following actions related to the request: 1. Approve the conditional use permit as requested. Resolution 6837 is attached if the Council so chooses. 2. Recommend denial of the conditional use permit. If the City Council selects this option, Staff would need to be directed to draft a resolution of denial with findings of fact appropriate to support the denial. 3. Table the request. If additional information is needed before a decision can be rendered or if more discussion is needed, the Council can simply move to table the request until such information has been provided. Because of 60-day requirements, the Council would need to act upon the request as soon as reasonably possible to avoid an inadvertent approval. Respectfully submitted, Heidi Heller Planning Associate Attachments: 1. Planning Application 2. Plot Plan 3. Zoning Map 4. Aerial View 5. Photographic Documentation 6. Resolution 832-06 Plot Plan Zoning Map Aerial View Photographic Documentation MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 832-06 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW FOR A 1,104 SQUARE-FOOT GARAGE AT 5308 ST. STEPHEN STREET; PLANNING CASE NO CU2006-004 WHEREAS, property owner Mark McKay has applied for a conditional use permit to construct a 1,104 square foot garage; and, WHEREAS, the subject property, located at 5308 St. Stephen Street, is zoned R-1, Single Family Residential, and is legally described as follows: Pinewood Terrace No.2, Lot 24, Block 4 WHEREAS, the Mounds View Zoning Code conditionally allows garages in excess of 952 square feet in area with a maximum accessory building area not to exceed 1,800 square feet; and, WHEREAS, the proposed garage would be 1,104 square feet, thus necessitating application of a conditional use permit; and, WHEREAS, the Planning Commission has reviewed the following documents regarding this proposal: a. Planning Application b. Plot Plan c. Zoning Map d. Aerial View e. Photographic Documentation f. Staff Report NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission makes the following findings of fact related to the conditional use permit request: 1. The proposed oversized 1,104 square foot garage satisfies the dimensional requirements as outlined in Chapters 1104 and 1106 the Zoning Code. 2. The request is consistent with the Mounds View Comprehensive Plan in that the Comprehensive Plan encourages the development and maintenance of residential areas so as to improve the quality, appearance and attractiveness of housing units and residential property in general. 3. The proposed garage would not be out of place given the design of the garage and the character and geography of the surrounding area involved. 4. The proposed garage would not depreciate the neighborhood. 5. The applicants have sufficiently demonstrated that a need exists for the proposed oversized garage. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Mounds View Planning Commission recommends approval of the conditional use permit for the 1,104 square foot garage, with conditions as follows: 1. The garage shall not be used for commercial purposes, living space or other uses not allowed within the R-1 Single-Family Residential district or by the Zoning Code. Should the use change for which the permit was granted; the conditional use permit shall be considered null and void. 2. The garage expansion shall be designed and maintained to provide a uniform appearance with the existing house. 3. The Conditional Use Permit (CUP) shall become null and void if the work for which the CUP was granted is not completed within one year from the date of approval unless a petition for extension of time in which to complete the work has been granted by the City Council. BE IT FINALLY RESOLVED that the Mounds View Planning Commission directs staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this 17th day of May 2006. _____________________________________ Gary Stevenson, Chairperson ATTEST: _____________________________________ James Ericson, Community Development Director (SEAL) RESOLUTION NO. 6837 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A 1,104 SQUARE-FOOT GARAGE AT 5308 ST. STEPHEN STREET; PLANNING CASE NO CU2006-004 WHEREAS, property owner Mark McKay has applied for a conditional use permit to construct a 1,104 square foot garage attached to his home located at 5308 St. Stephen Street; and, WHEREAS, the subject property is zoned R-1, Single Family Residential, and is legally described as follows: Pinewood Terrace No.2, Lot 24, Block 4 WHEREAS, the Mounds View Zoning Code conditionally allows garages in excess of 952 square feet in area with a maximum accessory building area not to exceed 1,800 square feet; and, WHEREAS, the proposed garage would be 1,104 square feet, thus necessitating application of a conditional use permit; and, WHEREAS, the City Council has reviewed the following documents regarding this proposal: 1. Planning Application 2. Plot Plan 3. Zoning Map 4. Aerial View 5. Photographic Documentation 6. Staff Report WHEREAS, the Planning Commission held a public hearing regarding the conditional use permit request on Wednesday, May 17, 2006 and recommended approval of the CUP to the City Council as outlined in their Resolution 832-06; and, WHEREAS, the Mounds View City Council held a public hearing regarding the conditional use permit request on Monday, June 12, 2006. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council makes the following findings of fact related to the conditional use permit request: Resolution 6837 Page 2 1. The proposed oversized 1,104 square foot garage satisfies the dimensional requirements as outlined in Chapters 1104 and 1106 the Zoning Code. 2. The request is consistent with the Mounds View Comprehensive Plan in that the Comprehensive Plan encourages the development and maintenance of residential areas so as to improve the quality, appearance and attractiveness of housing units and residential property in general. 3. The proposed garage would not be out of place given the building design, character and geography of the surrounding area involved. 4. The proposed garage would not depreciate the neighborhood. 5. The applicant has sufficiently demonstrated that a need exists for the proposed oversized garage. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Mounds View City Council approves the conditional use permit for the 1,104 square foot garage, with conditions as follows: 1. The garage shall not be used for commercial purposes, living space or other uses not allowed within the R-1 Single-Family Residential district or by the Zoning Code. Should the use change for which the permit was granted; the conditional use permit shall be considered null and void. 2. The garage expansion shall be designed and maintained to provide a uniform appearance with the existing house. 3. The Conditional Use Permit (CUP) shall become null and void if the work for which the CUP was granted is not completed within one year from the date of approval unless a petition for extension of time in which to complete the work has been granted by the City Council. Adopted this 12th day of June, 2006. _____________________________________ Rob Marty, Mayor ATTEST: ____________________________________ Kurt Ulrich, City Clerk / Administrator (SEAL) Item No. 07C Type of Business: PH & CB Meeting Date: June 12, 2006 City Administrator Review: ______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Assistant to the City Administrator Item Title/Subject: Public Hearing to Consider Resolution 6830, a Resolution Approving An Intoxicating Liquor Business License (Off-Sale) for ABC Liquor located at 2840 Highway 10 In accordance with Ordinance 771, which became effective June 4, 2006, revised Section 502.08 of the City Code. With the passing of Ordinance 771 on April 24, 2006, Section 502.08 now states: 502.08: LICENSE HEARING: No issuance of a new license, transfer of an existing license, renewal of an existing license, issuance of temporary special event or banquet licenses, or special outdoor consumption endorsements for the sale of intoxicating liquor on-sale or off-sale, club, Sunday sales or on-sale wine shall be hereafter granted by the Council until a public hearing has been conducted by the Council after published notice in the official newspaper at least ten (10) days in advance of the hearing. The City of Mounds View issued an intoxicating liquor license for ABC Liquor in June of 2005, and their renewal is before the Council for consideration. ABC Liquor’s Intoxicating Liquor License will expire June 30, 2006. The notice of this public hearing was sent out to residences within a 350 feet radius, and the Notice of Public Hearing was published in the Mounds View/New Brighton Bulletin. ABC Liquor has submitted their city liquor license application materials and the applicable fees. The following investigations and inspections have been conducted to determine whether there is cause for the City to deny any of the above referenced intoxicating liquor license application: Police Inquiry and Investigations (Mounds View Police Department) Attached is a Police Report along with a memorandum from Bob Vose an attorney from Kennedy and Graven. There is an area of concern with this police report in regard to selling alcohol to minors. This is the establishment’s first violation on record. Utility Billing Inquiry (City of Mounds View) The Finance Department has issued a satisfactory report for ABC Liquor. Fire Inspection (City of Mounds View Fire Marshal) The City’s Fire Marshal has inspected ABC Liquor and issued a satisfactory report. Recommendation Staff recommends that the City Council open the Public Hearing for public input. Due to the concerns stated in the police report, staff would like to discuss how to proceed with this business license renewal. Since this is a first violation with the owner, and the owner is not currently convicted, we could proceed with the renewal and monitor the proceedings of the case. A Resolution approving this license is attached if the Council wishes to approve the liquor license. If the City Council wishes to investigate this matter further, then the City Council could also open the Public Hearing for public comment and postpone this renewal until the next City Council Meeting. If this renewal is approved, the time period of this license will be July 1, 2006 to June 30, 2007. Respectfully Submitted, Desaree Crane RESOLUTION 6830 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA Resolution Approving an Off-Sale Intoxicating Liquor License for ABC Liquor WHEREAS, ABC Liquor’s Intoxicating Liquor License expires June 30, 2006; and WHEREAS, all City of Mounds View business licenses must be approved by the City Council; and WHEREAS, all necessary inspections for the establishment have been conducted, and the establishment satisfies all requirements; and WHEREAS, staff recommends approval of ABC Liquor’s Intoxicating Liquor License. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does hereby approve an Off-Sale Intoxicating Liquor License for ABC Liquor for the period of July 1, 2006 to June 30, 2007. Adopted this 12th day of June, 2006. ________________________________ Rob Marty, Mayor ATTEST: ________________________________ Kurt Ulrich, City Administrator (seal) Item No. 07D Type of Business: PH & CB Meeting Date: June 12, 2006 City Administrator Review: ______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Assistant to the City Administrator Item Title/Subject: Public Hearing to Consider Resolution 6831, a Resolution Approving An Off-Sale Intoxicating Liquor Business License for Big Top Liquor located at 2577 Highway 10 In accordance with Ordinance 771, which became effective June 4, 2006, revised Section 502.08 of the City Code. With the passing of Ordinance 771 on April 24, 2006, Section 502.08 now states: 502.08: LICENSE HEARING: No issuance of a new license, transfer of an existing license, renewal of an existing license, issuance of temporary special event or banquet licenses, or special outdoor consumption endorsements for the sale of intoxicating liquor on-sale or off-sale, club, Sunday sales or on-sale wine shall be hereafter granted by the Council until a public hearing has been conducted by the Council after published notice in the official newspaper at least ten (10) days in advance of the hearing. The City of Mounds View issued an intoxicating liquor license for Big Top Liquor in June of 2005, and their renewal is before the Council for consideration. Big Top Liquor’s Intoxicating Liquor License will expire June 30, 2006. The notice of this public hearing was sent out to residences within a 350 feet radius, and the Notice of Public Hearing was published in the Mounds View/New Brighton Bulletin. Big Top Liquor has submitted their city liquor license application materials and the applicable fees. The following investigations and inspections have been conducted to determine whether there is cause for the City to deny any of the above referenced intoxicating liquor license application: Police Inquiry and Investigations (Mounds View Police Department) The Mounds View Police Department has issued a satisfactory report for Big Top Liquor. Utility Billing Inquiry (City of Mounds View) The Finance Department has issued a satisfactory report for Big Top Liquor. Fire Inspection (City of Mounds View Fire Marshal) The City’s Fire Marshal will be inspecting this establishment next week. This Off-Sale Intoxicating Liquor License renewal will be pending a satisfactory fire inspection. Recommendation Staff recommends to open the Public Hearing for public comment. Staff also recommends that the City Council approve Big Top Liquor’s application for an Off-Sale Intoxicating Liquor License pending a satisfactory inspection from the Mounds View Fire Marshal. The time period for this license will be July 1, 2006 to June 30, 2007. Respectfully Submitted, Desaree Crane RESOLUTION 6831 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA Resolution Approving an Off-Sale Intoxicating Liquor License for Big Top Liquor WHEREAS, Big Top Liquor’s Intoxicating Liquor License expires June 30, 2006; and WHEREAS, all City of Mounds View business licenses must be approved by the City Council; and WHEREAS, all necessary investigations/investigations for the establishment have been conducted, with the exception of the Fire Marshal’s inspection; and WHEREAS, staff recommends approval of Big Top Liquor’s Intoxicating Off-Sale Liquor License pending a satisfactory fire inspection. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does hereby approve an Off-Sale Intoxicating Liquor License for Big Top Liquor for the period of July 1, 2006 to June 30, 2007, pending a satisfactory fire inspection from the Mounds View Fire Marshal. Adopted this 12th day of June, 2006. ________________________________ Rob Marty, Mayor ATTEST: ________________________________ Kurt Ulrich, City Administrator (seal) Item No. 07E Type of Business: PH & CB Meeting Date: June 12, 2006 City Administrator Review: ______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Assistant to the City Administrator Item Title/Subject: Public Hearing to Consider Resolution 6832, a Resolution Approving An Intoxicating Liquor Business License (Off-Sale) for Vino & Stogies located at 2345 County Road H2 In accordance with Ordinance 771, which became effective June 4, 2006, revised Section 502.08 of the City Code. With the passing of Ordinance 771 on April 24, 2006, Section 502.08 now states: 502.08: LICENSE HEARING: No issuance of a new license, transfer of an existing license, renewal of an existing license, issuance of temporary special event or banquet licenses, or special outdoor consumption endorsements for the sale of intoxicating liquor on-sale or off-sale, club, Sunday sales or on-sale wine shall be hereafter granted by the Council until a public hearing has been conducted by the Council after published notice in the official newspaper at least ten (10) days in advance of the hearing. The City of Mounds View issued an intoxicating liquor license for Vino & Stogies in June of 2005, and their renewal is before the Council for consideration. Vino & Stogies Intoxicating Liquor License will expire June 30, 2006. The notice of this public hearing was sent out to residences within a 350 feet radius, and the Notice of Public Hearing was published in the Mounds View/New Brighton Bulletin. Vino & Stogies has submitted their city liquor license application materials and the applicable fees. Vino & Stogies has not submitted their Certificate of Liability Insurance and their license will not be issued until Staff receives this certificate. The following investigations and inspections have been conducted to determine whether there is cause for the City to deny any of the above referenced intoxicating liquor license application: Police Inquiry and Investigations (Mounds View Police Department) The Mounds View Police Department has issued a satisfactory report for Vino & Stogies. Utility Billing Inquiry (City of Mounds View) The Finance Department has issued a satisfactory report for Vino & Stogies. Fire Inspection (City of Mounds View Fire Marshal) The City’s Fire Marshal has inspected Vino & Stogies and issued a satisfactory report regarding the establishment pending correction of minor Fire Code issues. Recommendation Staff recommends opening the Public Hearing for Public Comment. Staff further recommends that the City Council approve Vino & Stogies’ application for an Off-Sale Intoxicating Liquor License pending receipt of their Certificate of Liability Insurance. The time period for this license will be July 1, 2006 to June 30, 2007. Respectfully Submitted, Desaree Crane RESOLUTION 6832 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA Resolution Approving an Off-Sale Intoxicating Liquor License for Vino & Stogies WHEREAS, Vino & Stogies’ Intoxicating Liquor License expires June 30, 2006; and WHEREAS, all City of Mounds View business licenses must be approved by the City Council; and WHEREAS, all necessary inspections for the establishment have been conducted and with the exception of minor issues associated with the Fire Marshal’s inspection, the establishment satisfies all requirements; and WHEREAS, staff recommends approval of Vino & Stogies’ Intoxicating Liquor License pending receipt of their Certificate of Liability Insurance. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does hereby approve an Off-Sale Intoxicating Liquor License for Vino & Stogies for the period of July 1, 2006 to June 30, 2007 pending receipt of their Certificate of Liability Insurance. Adopted this 12th day of June, 2006. ________________________________ Rob Marty, Mayor ATTEST: ________________________________ Kurt Ulrich, City Administrator (seal) Item No. 07E Type of Business: PH & CB Meeting Date: June 11, 2007 City Administrator Review: ______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Assistant to the City Administrator Item Title/Subject: Public Hearing to Consider Resolution 7096, a Resolution Approving An Intoxicating Liquor Business License (On-Sale) for Robert’s Sports Bar and Entertainment located at 2400 County Road H2 In accordance with Section 502.08 of the Mounds View City Code, a public hearing is required for all liquor license renewals. 502.08: LICENSE HEARING: No issuance of a new license, transfer of an existing license, renewal of an existing license, issuance of temporary special event or banquet licenses, or special outdoor consumption endorsements for the sale of intoxicating liquor on-sale or off-sale, club, Sunday sales or on-sale wine shall be hereafter granted by the Council until a public hearing has been conducted by the Council after published notice in the official newspaper at least ten (10) days in advance of the hearing. The City of Mounds View issued an intoxicating liquor license for Robert’s Sports Bar and Entertainment in June of 2006, and their renewal is before the Council for consideration. Robert’s Sports Bar and Entertainment Intoxicating Liquor License will expire June 30, 2007. Robert’s Sports Bar and Entertainment has submitted their city liquor license application materials and the applicable fees. The notice of this public hearing was sent out to residences within a 350 feet radius, and the Notice of Public Hearing was published in the Mounds View/New Brighton Bulletin. The following investigations and inspections have been conducted to determine whether there is cause for the City to deny any of the above referenced intoxicating liquor license application: Police Inquiry and Investigations (Mounds View Police Department) The Mounds View Police Department has issued a satisfactory report for Robert’s Sports Bar and Entertainment. Utility Billing Inquiry (City of Mounds View) Robert’s Sports Bar and Entertainment has an outstanding utility bill. This liquor license will not be issued unless a payment of the utility bill is made in full. The payment of their utility bill was due on May 31st. Fire Inspection (City of Mounds View Fire Marshal) Robert’s Sports Bar and Entertainment has not had a fire inspection for this year. This liquor license will not be issued unless the Mounds Fire Marshal issues a satisfactory fire inspection. Recommendation Staff recommends that the City Council to open the Public Hearing for public comment. Staff recommends approving Robert’s Sports Bar and Entertainment’s application for an On Sale Intoxicating Liquor License pending a satisfactory inspection from the Mounds View Fire Marshal and full payment of their utility bill. The time period for this license will be July 1, 2007 to June 30, 2008. Respectfully Submitted, Desaree Crane RESOLUTION 7096 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA Resolution Approving an On-Sale Intoxicating Liquor License for Robert’s Sports Bar and Entertainment WHEREAS, Robert’s Sports Bar and Entertainment’s Intoxicating Liquor License expires June 30, 2007; and WHEREAS, all City of Mounds View business licenses must be approved by the City Council; and WHEREAS, staff recommends approval of Robert’s Sports Bar and Entertainment’s Intoxicating Liquor License pending a satisfactory fire inspection from the Mounds View Fire Marshal and full payment of their utility bill. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does hereby approve an On-Sale Intoxicating Liquor License for Robert’s Sports Bar and Entertainment for the time period of July 1, 2007 to June 30, 2008, pending a satisfactory fire inspection from the Mounds View Fire Marshal and full payment of their utility bill. Adopted this 11th day of June, 2007. ________________________________ Rob Marty, Mayor ATTEST: ________________________________ Kurt Ulrich, City Administrator (seal) Item No. 07G Type of Business: PH & CB Meeting Date: June 12, 2006 City Administrator Review: ______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Assistant to the City Administrator Item Title/Subject: Public Hearing to Consider Resolution 6834, a Resolution Approving An Intoxicating Liquor Business License (On-Sale) for The Mermaid located at 2200 Highway 10 In accordance with Ordinance 771, which became effective June 4, 2006, revised Section 502.08 of the City Code. With the passing of Ordinance 771 on April 24, 2006, Section 502.08 now states: 502.08: LICENSE HEARING: No issuance of a new license, transfer of an existing license, renewal of an existing license, issuance of temporary special event or banquet licenses, or special outdoor consumption endorsements for the sale of intoxicating liquor on-sale or off-sale, club, Sunday sales or on-sale wine shall be hereafter granted by the Council until a public hearing has been conducted by the Council after published notice in the official newspaper at least ten (10) days in advance of the hearing. The City of Mounds View issued an intoxicating liquor license for The Mermaid in June of 2005, and their renewal is before the Council for consideration. The Mermaid Intoxicating Liquor License will expire June 30, 2006. The Mermaid has submitted their city liquor license application materials and the applicable fees. The Mermaid owes the City a Certificate of Liability Insurance and this liquor license will not be issued until that is received. The notice of this public hearing was sent out to residences within a 350 feet radius, and the Notice of Public Hearing was published in the Mounds View/New Brighton Bulletin. The following investigations and inspections have been conducted to determine whether there is cause for the City to deny any of the above referenced intoxicating liquor license application: Police Inquiry and Investigations (Mounds View Police Department) The Mounds View Police Department has issued a satisfactory report for The Mermaid. Utility Billing Inquiry (City of Mounds View) The Finance Department has issued a satisfactory report for The Mermaid. Fire Inspection (City of Mounds View Fire Marshal) The City’s Fire Marshal has inspected The Mermaid and issued a satisfactory report. Recommendation Staff recommends opening the Public Hearing for public comment. Staff further recommends that the City Council approve The Mermaid application for an On-Sale Intoxicating Liquor License pending receipt of their Certificate of Liability Insurance. The time period for this license will be July 1, 2006 to June 30, 2007. Respectfully Submitted, Desaree Crane RESOLUTION 6834 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA Resolution Approving an On-Sale Intoxicating Liquor License for The Mermaid WHEREAS, The Mermaid’s Intoxicating Liquor License expires June 30, 2006; and WHEREAS, all City of Mounds View business licenses must be approved by the City Council; and WHEREAS, all necessary inspections for the establishment have been conducted and the establishment satisfies all requirements; and WHEREAS, staff recommends approval of The Mermaid’s Intoxicating Liquor License pending receipt of their Certificate of Liability Insurance. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does hereby approve an On-Sale Intoxicating Liquor License for The Mermaid for the period of July 1, 2006 to June 30, 2007 pending receipt of their Certificate of Liability Insurance. Adopted this 12th day of June, 2006. ________________________________ Rob Marty, Mayor ATTEST: ________________________________ Kurt Ulrich, City Administrator (seal) Item No. 07H Type of Business: CB Meeting Date: June 12, 2006 City Administrator Review: ______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Assistant to the City Administrator Item Title/Subject: Public Hearing to Consider Resolution 6835, Approving an On-Sale Wine and 3.2 Malt Liquor License for Pro Association, Inc., d.b.a.Taiko Sushi Bar located at 2394 Highway 10 in Mounds View In accordance with Ordinance 771, which became effective June 4, 2006, revised Section 502.08. With the passing of Ordinance 771 on April 24, 2006, Section 502.08 now states: 502.08: LICENSE HEARING: No issuance of a new license, transfer of an existing license, renewal of an existing license, issuance of temporary special event or banquet licenses, or special outdoor consumption endorsements for the sale of intoxicating liquor on-sale or off-sale, club, Sunday sales or on-sale wine shall be hereafter granted by the Council until a public hearing has been conducted by the Council after published notice in the official newspaper at least ten (10) days in advance of the hearing. Pro Association, Inc., (dba Taiko Sushi Bar) has submitted the city liquor license application materials and the applicable fees. Taiko Sushi has not submitted their Certificate of Liability Insurance and this liquor license will not be issued until this Certificate is received. The notice of this public hearing was sent out to residences within a 350 feet radius, and the Notice of Public Hearing was published in the Mounds View/New Brighton Bulletin. The following investigations have been conducted to determine whether there is a cause for the City to deny Taiko Sushi Bar’s On-Sale Wine and On-Sale 3.2 Malt Liquor License: Police Inquiry and Investigations (Mounds View Police Department) The Mounds View Police Department has issued a satisfactory report on Taiko Sushi. Utility Billing Inquiry (City of Mounds View) The Finance Department has issued a satisfactory report for Taiko Sushi. Fire Inspection (City of Mounds View Fire Marshal) The Fire Marshal has issued a satisfactory report for Taiko Sushi. Recommendation Staff recommends opening the Public Hearing for Public Comment. Staff further recommends that the City Council approve Pro Association, Inc. (dba Taiko Sushi Bar) On-Sale Wine and On-Sale 3.2 Malt Liquor License pending receipt of their Certificate of Liability Insurance. The time period for this license will be July 1, 2006 to June 30, 2007. Respectfully Submitted, Desaree Crane RESOLUTION 6835 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA Resolution Approving an On-Sale Wine and 3.2 Malt Liquor License for Pro Association, Inc. (dba Taiko Sushi Bar) WHEREAS, Pro Association, Inc., d.b.a Taiko Sushi Bar, On-Sale Wine and 3.2 Liquor License expires on June 30, 2006; and WHEREAS, Pro Association, Inc., d.b.a Taiko Sushi Bar, has submitted applications materials with the exception of a Certificate of Liability Insurance for an On- Sale Wine and 3.2 Malt Liquor License to operate a restaurant located at 2394 Highway 10 in Mounds View; and WHEREAS, all City of Mounds View business licenses must be approved by the City Council; and WHEREAS, staff recommends approval of Pro Association, Inc., d.b.a Taiko Sushi Bar, On-Sale Wine and On-Sale 3.2 Malt Liquor License pending receipt of their Certificate of Liability Insurance. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does hereby approve an On-Sale W ine and On-Sale 3.2 Malt Liquor License for Pro Association, Inc., d.b.a Taiko Sushi Bar, for the time period of July 1, 2006 to June 30, 2007, subject to receiving their Certificate of Liability Insurance. Adopted this 12th day of June, 2006. ________________________________ Rob Marty, Mayor ATTEST: ________________________________ Kurt Ulrich, City Administrator (seal) Item No: 7I Meeting Date: June 12, 2006 Type of Business: CB Administrator Review: ______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Chief Nyle Zikmund, SBM Fire Chief Item Title/Subject: Resolution 6838, Resolution of Approving Proposals for Technology and Electronics Package for SBM Fire Station #3 Background: As a component of the Fire Department Capital Improvement Plan funded by the sale of Capital Improvement Bonds sold on November 17th, 2005, a new fire station located at 11920 Ulysses Street was approved. The new station will consolidate/replace existing stations three and five. A budget of $7,082,621 has been established for this portion of the CIP plan. The Blaine Council approved the letting of bids for construction portion of the project in October and December of 2005. Construction of the station is underway with and estimated completion date of July 31, 2006. Quotations/proposals for technology and furniture were requested/sought by the Fire Department Staff. Specifically items in this package include the following; driving simulator, incident commander/emergency management simulator software, computer equipment, and furniture. I have prepared separate resolutions for all four items allowing council opportunity to address each one on its own merits. Proposals Received and Recommendations: Based upon review of the quotations and proposals and meeting with the apparent low proposal, we are making recommendations for award of the following contracts. Driving Simulator: L-3 Communications $165,000 L-3 Communications has developed and produced a state of the art programmable driving simulator. They are the only vendor currently manufacturing this technology. L-3 is a publicly traded company that specializes in a variety of simulators with the driving simulator headquarters in Salt Lake City, Utah. The simulator consists of three large screens providing 180 degree plus visual graphics which are powered and controlled by four separate computers. The Patrol Sim IV is adaptable to sedan driving modules as well as heavy truck modules. The unit will be housed at the new fire station but be available for use to all three police departments. Representatives of the Fire Department and Blaine Police traveled to Las Vegas, Nevada in January of 2006 to view two end users of the simulator; Clark County Fire and North Las Vegas Police Department. From there we continued onto Salt Lake to L-3 Headquarters where we viewed the newest models in production. The software portion of the package includes thirty-five different vehicles thus allowing more versatility and use. We do envision an ability to rent time on the simulator and thus, generate some revenue. We recommend the contract be awarded to L-3 Communications of Salt Lake City, Utah. Incident Command Simulation Software: Command Sim $60,000 Command Sim is a three-year old company that has produced and developed state of the art software for developing incident command and emergency management staff. They are a sole source vendor. Representatives of the fire department attended the largest trade show and conference specific to fire products to explore for this type of product. While there were four vendors, three were very low end pre-programmed basic simulations. Command Sim has developed a totally programmable, real time, multi-user software package currently being used by more than a half-dozen fire departments with another dozen in the process of installation. Due to its capabilities, actual structures in the communities can be utilized to develop emergency situation scenarios in which incident commanders can learn and develop better skills. Representatives of the fire department along with Blaine Emergency Manager Kerry Fenner (Police Captain) and Deputy Manager Bob Fiske (Community Standards Director) traveled to Orange County Fire Department, Florida in January of this year. We attended a day long training session in conjunction with Orange County firefighters. Orange County is one of the current users of Command Sim Software. We recommend the contract be awarded to Command Sim of Philadelphia, Pennsylvania Computers: Dix Computers $42,188 This package includes a one server, ten standard PC’s, and one upgraded PC which is needed to develop the incident command scenarios. It also includes three notebooks, a firewall and a plotter. Five of the PC’s are required for the incident command simulator, the rest are for the full time office positions, part time prevention volunteers, meeting rooms, alarm room and captains office. As this will all be integrated into our current system at the existing stations as well as into our main server at station one we are recommending we utilize our current contract computer vendor. Dix Computer has been providing hardware and software support to the fire department for nearly a decade and has installed all the current computers, software, servers, and network systems at all five stations. They are uniquely familiar with our system and operation. I requested Dennis Peters, Blaine I.S. Coordinator, to review the quote. His response indicated the prices were comparable to recent quotes/purchases made by the Blaine I.S. Division We recommend the contract be awarded to Dix Computer of St. Paul, Minnesota. Furniture: Hendrickson Office Supply $85,658.01 General Office Products $81,798.21 Cubicles Plus $82,942.00 The furniture package includes all office, training room, and conference room furniture for the entire project. We recommend Hendrickson Office Supply of St. Minneapolis, Minnesota Total cost for all four contracts is $353,576.01. This amount is within the project estimates and budget and has been approved by the Project Management Team. Recommendation: Accept proposals as detailed and recommended. RESOLUTION NO. 6838 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA ACCEPT PROPOSALS/QUOTATIONS FOR TECHNOLOGY AND ELECTRONICS PACKAGE FOR SBM FIRE STATION #3 WHEREAS, pursuant to City Council Resolution of a Capital Improvement Plan for the Spring Lake Park Fire Department Inc. that included construction of a new fire station the following proposals were received as required by State law; and WHEREAS, Listed below are the apparent proposals/quotation results for the technology and furniture package: Driving Simulator: L-3 Communications of Salt Lake City, Utah $165,000 Incident Command and Emergency Management Software: Command Sim of Philadelphia, Pennsylvania $60,000 Computers: DIX Computers of St. Paul, Minnesota $42,918 Furniture: Hendrickson Office Group of Minneapolis, Minnesota $85,658.01; and WHEREAS, the total of these bids equal $353,576.01 which is within the projected budget for these components. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View adopt this resolution of support in the Blaine City Council awarding the proposals/contracts as listed to the apparent lowest identified vendors. Adopted this12th day of June 2006. Rob Marty, Mayor ATTEST: Kurt Ulrich, City Administrator/Clerk (seal) Item No: 07K Meeting Date: June 12, 2006 Type of Business: CB City Administrator Review: ______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Assistant to the City Administrator Item Title/Subject: Resolution 6839 Approving a Permit Application for the Lake Region Hockey Association, a Charitable Organization to conduct Charitable Gambling at Moe’s located in the City of Mounds View The Lake Region Hockey Association, a non-profit charitable organization, would like to hold charitable gambling on a permanent basis at Moe’s (formally known as Jake’s Sports Café) located in the City of Mounds View. The Lake Region Hockey Association is a charitable organization to help in funding youth hockey to include Irondale Youth Hockey and Mounds View Youth Hockey programs. Lake Region Youth Hockey Association is located in Roseville, and they have more than 30 active members. This meets the requirements of the Mounds View City Code. A list of current members is on file with the City. The Gambling Control Board requires that local unit of government (city or county), pass a resolution specifically approving or denying the Premises Permit Application. This resolution (approving or denying the application) must be voted on and the resolution forwarded to the Minnesota Gambling Control Board. Recommendation: Staff recommends approval of the Premise Permit to permit Charitable Gambling for Lake Region Hockey Association at the location stated above. Respectfully Submitted, Desaree M. Crane RESOLUTION NO. 6839 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING A PERMIT APPLICATION FOR THE LAKE REGION HOCKEY ASSOCIATION, A CHARITABLE ORGANIZATION TO CONDUCT CHARITABLE GAMBLING AT MOE’S LOCATED AT 2400 HIGHWAY 10 WHEREAS, Lake Region Youth Hockey has requested that Council allow them to conduct charitable gambling at Moe’s; and WHEREAS, the Gambling Control Board requires that the local unit of government (city or county) pass a resolution specifically approving or denying requests to conduct charitable gambling; and WHEREAS, the Lake Region Youth Hockey Association, is in compliance with all requirements of the Mounds View Municipal Code with regard to charitable gambling regulations; and WHEREAS, it is the desire of the City of Mounds View to assist in the economic prosperity of local business owners. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does hereby authorize Lake Region Youth Hockey Association, to conduct charitable gambling at Moe’s location at 2400 Highway 10 in Mounds View. Adopted this 12th day of June, 2006. _______________________________ Rob Marty, Mayor ATTEST: _______________________________ Kurt Ulrich, City Administrator (seal) Item No: 7L Meeting Date: June 12, 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: First Reading and Introduction of Ordinance No. 773, an Ordinance Amending Chapters 1102 and 1103 of the Mounds View Zoning Code Relating to Fences, Retaining Walls and Landscaping Introduction: The City Council asked the Planning Commission to examine the Zoning Code relative to fences, retaining walls and terraces, and to provide a recommendation as to potential Code amendments, if any are deemed appropriate. On April 19, 2006, Staff provided the Commission with detailed information and examples of how other communities define fences, retaining walls and terraces and provided the Commission with a variety of Code excerpts, handouts and requirements from our neighboring nearby communities for reference. Also included for information purposes were photos depicting fences, retaining walls and terraces. The Planning Commission reviewed the sections of Mounds View’s code relating to fences, terraces and retaining walls. As a result of that discussion, staff was directed to prepare an amendment to the Code to define retaining walls and to provide for language that would clarify retaining wall setbacks. At this same meeting, the Commission chose to leave the language pertaining to fences and terraces relatively unchanged. The Planning Commission adopted a resolution on May 17, 2006 which recommends such an amendment for the City Council’s consideration. Discussion: Based upon the direction at the April 19th and May 3rd Planning Commission meetings, staff prepared language that would amend Chapters 1102 and 1103 of the Zoning Code. In addition to adding a definition for “Retaining Walls”, staff suggested adding a definition for “Landscaping”, which is an undefined requirement in Chapter 1103. A final change considered was the addition of a new subdivision articulating “Prohibited Materials” such as barbed wire, razor wire, or fences wired or designed to conduct and emit electrical charges. Recommendation: Staff and the Mounds View Planning Commission recommend the City Council favorably consider the first reading and introduction of the attached Ordinance 773, an ordinance amending Chapters 1102 and 1103 of the Mounds View Zoning Code relating to Fences, Retaining Walls and Landscaping. The public hearing, second reading and adoption of the ordinance will be scheduled for June 26, 2006. _____________________________________ James Ericson Community Development Director MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 834-06 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF AN AMENDMENT TO CHAPTERS 1102 AND 1103 OF THE MOUNDS VIEW ZONING CODE RELATING TO FENCES AND RETAINING WALLS WHEREAS, the City Council has asked the Mounds View Planning Commission to review the Zoning Code relating to fences and retaining walls and consider whether an amendment is necessary to clarify requirements; and, WHEREAS, the Planning Commission has reviewed the pertinent sections of Code and has reviewed examples of regulations and requirements from adjacent cities and other communities in the metro area; and, WHEREAS, the Mounds View Planning Commission finds that amendments are necessary to chapters 1102 and 1103 to reduce confusion and clarify requirements; and, WHEREAS, the Mounds View Planning Commission finds that the proposed amendments are not in conflict with the Mounds View Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission recommends approval of amendments to Chapters 1102 and 1103 of the Mounds View Zoning Code as depicted in the attached Exhibit A. BE IT FINALLY RESOLVED that the Mounds View Planning Commission directs staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this 17th day of May, 2006. _____________________________________ Gary Stevenson, Chairperson ATTEST: _____________________________________ James Ericson, Community Development Director (SEAL) Exhibit A The proposed amendments are shown below with additions underlined: 1102.02: DEFINITIONS: The following words and terms, wherever they occur in this Code, shall be defined as follows: Subd. 58.5. LANDSCAPING: The aesthetic and physical improvement of land by the addition of berms, trees, shrubs, ground cover, crushed rock, wood chips, retaining walls and other functional, ornamental or decorative features. Subd. 100.5. RETANING WALL: A wall or structure constructed of stone, concrete, wood, or other materials, used to retain soil, as a slope transition, or edge of a planting area. 1103.08: FENCING, RETAINING WALLS, SCREENING AND LANDSCAPING: Subd. 1. Height: No fence shall exceed eight feet (8') in height, and in the case of grade separation, such as the division of properties by a retaining wall, the height shall be determined on the basis of measurement from the average point between the highest and lowest grade. Subd. 2. Intersections: No fences, structures or planting of trees or shrubs shall be permitted within thirty feet (30') of any corner formed by the intersection of street property lines or the right of way of a railway intersecting a street, except properly constructed chain link fences. Such chain link fences shall not exceed forty eight inches (48") in height from the grade level at the lot line and shall have openings in the wire mesh of not less than one and five-eighths inches (1-5/8") nor more than two and one-fourth inches (2-1/4"). Such fences may follow the lot line to the lot corner. The thirty feet (30') restriction noted above shall consist of the triangle formed by connecting the two (2) points on intersecting lot lines that are each thirty feet (30') from the lot corner. Subd. 3. Location: a. Except as provided in subdivision 2 above, fences not to exceed forty eight inches (48") in height may be located on any part of a lot. Fences not to exceed ninety six inches (96") in height may be erected on any part of a lot behind the front line of the principal building. The City Council may require or approve fencing up to ninety six inches (96") in height in a front yard to satisfy a buffer or screening condition of a development review or conditional use permit. (Ord. 658, 8-14-00) b. A fence or retaining wall shall be installed on the applicant's property. The fence or retaining wall shall not be installed directly over the property line. Subd. 4. Landscaping Required: In all zoning districts, the lot area remaining after providing for off- street parking, off-street loading, sidewalks, driveway, building site and/or other requirements shall be planted and maintained in grass, sodding, shrubs or other acceptable vegetation or treatment generally used in landscaping. Subd. 5. Surface of Fences: Any fence shall be so constructed that the surface facing adjoining properties or public rights of way shall be of finished construction. Exhibit A Page 2 Subd. 6. Required Screening: The fencing and screening required by this Title shall be subject to subdivisions 1 through 5 hereof and shall consist of either a fence or a green belt planting strip the height of which shall be sufficient to adequately shield the activity from the abutting properties. a. A green belt planting strip shall consist of evergreen ground cover and shall be of sufficient width and density to provide an effective screen. This planting strip shall contain no structures or other use. Such planting strips shall not be less than eight feet (8') in height. Earth mounding or berms may be used but shall be limited to an average of five feet (5') of the height of the required screen. The planting plan and type of shrub shall require the approval of the Planning and Zoning Commission based upon a recommendation of the Director of Public Works/City Engineer and Building Inspector. b. A required screening fence shall be constructed of masonry, brick, wood or steel. Such fence shall provide a solid screening effect and not exceed eight feet (8') in height or be less than six feet (6') in height. The design and materials used in constructing a required screening fence shall be subject to the approval of the Planning and Zoning Commission based upon a recommendation by the Director of Public Works/City Engineer and Building Inspector. c. Ground cover shall be established within one (1) year following issuance of the building permit. Ground cover material shall be of such type as to control erosion. (1988 Code §40.04) Subd. 7. Prohibited Materials: a. Barbed wire, razor wire or other materials which could cause bodily harm shall be prohibited and no fence or property shall be wired and designed to conduct and emit an electrical charge, except as allowed for below. b. Exceptions: Facilities providing essential services or municipal and governmental services may erect barbed wire or other materials having a similar deterrence, upon notice to properties within 350 feet and upon approval of the City Council. ORDINANCE NO. 773 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING CHAPTERS 1102 AND 1103 OF THE MOUNDS VIEW ZONING CODE RELATING TO FENCES, RETAINING WALLS AND LANDSCAPING THE CITY OF MOUNDS VIEW ORDAINS: SECTION 1. Section 1102.02 of the Mounds View Zoning Code pertaining to “Definitions” is hereby amended with the proposed additions underlined: 1102.02: DEFINITIONS: The following words and terms, wherever they occur in this Code, shall be defined as follows: Subd. 58.5. LANDSCAPING: The aesthetic and physical improvement of land by the addition of berms, trees, shrubs, ground cover, crushed rock, wood chips, retaining walls and other functional, ornamental or decorative features. Subd. 100.5. RETANING WALL: A wall or structure constructed of stone, concrete, wood, or other materials, used to retain soil, as a slope transition, or edge of a planting area. SECTION 2. Section 1103.08 of the Mounds View Zoning Code pertaining to “Fencing Screening and Landscaping” is hereby amended with the proposed additions underlined: 1103.08: FENCING, RETAINING WALLS, SCREENING AND LANDSCAPING: Subd. 1. Height: No fence shall exceed eight feet (8') in height, and in the case of grade separation, such as the division of properties by a retaining wall, the height shall be determined on the basis of measurement from the average point between the highest and lowest grade. Subd. 2. Intersections: No fences, structures or planting of trees or shrubs shall be permitted within thirty feet (30') of any corner formed by the intersection of street property lines or the right of way of a railway intersecting a street, except properly constructed chain link fences. Such chain link fences shall not exceed forty eight inches (48") in height from the grade level at the lot line and shall have openings in the wire mesh of not less than one and five-eighths inches (1-5/8") nor more than two and one-fourth inches (2-1/4"). Such fences may follow the lot line to the lot corner. The thirty feet (30') restriction noted above shall consist of the triangle formed by connecting the two (2) points on intersecting lot lines that are each thirty feet (30') from the lot corner. Ordinance 773 Page 2 Subd. 3. Location: a. Except as provided in subdivision 2 above, fences not to exceed forty eight inches (48") in height may be located on any part of a lot. Fences not to exceed ninety six inches (96") in height may be erected on any part of a lot behind the front line of the principal building. The City Council may require or approve fencing up to ninety six inches (96") in height in a front yard to satisfy a buffer or screening condition of a development review or conditional use permit. (Ord. 658, 8-14-00) b. A fence or retaining wall shall be installed on the applicant's property. The fence or retaining wall shall not be installed directly over the property line. Subd. 4. Landscaping Required: In all zoning districts, the lot area remaining after providing for off- street parking, off-street loading, sidewalks, driveway, building site and/or other requirements shall be planted and maintained in grass, sodding, shrubs or other acceptable vegetation or treatment generally used in landscaping. Subd. 5. Surface of Fences: Any fence shall be so constructed that the surface facing adjoining properties or public rights of way shall be of finished construction. Subd. 6. Required Screening: The fencing and screening required by this Title shall be subject to subdivisions 1 through 5 hereof and shall consist of either a fence or a green belt planting strip the height of which shall be sufficient to adequately shield the activity from the abutting properties. a. A green belt planting strip shall consist of evergreen ground cover and shall be of sufficient width and density to provide an effective screen. This planting strip shall contain no structures or other use. Such planting strips shall not be less than eight feet (8') in height. Earth mounding or berms may be used but shall be limited to an average of five feet (5') of the height of the required screen. The planting plan and type of shrub shall require the approval of the Planning and Zoning Commission based upon a recommendation of the Director of Public Works/City Engineer and Building Inspector. b. A required screening fence shall be constructed of masonry, brick, wood or steel. Such fence shall provide a solid screening effect and not exceed eight feet (8') in height or be less than six feet (6') in height. The design and materials used in constructing a required screening fence shall be subject to the approval of the Planning and Zoning Commission based upon a recommendation by the Director of Public Works/City Engineer and Building Inspector. c. Ground cover shall be established within one (1) year following issuance of the building permit. Ground cover material shall be of such type as to control erosion. (1988 Code §40.04) Subd. 7. Prohibited Materials: a. Barbed wire, razor wire or other materials which could cause bodily harm shall be prohibited, and no fence or property shall be wired and designed to conduct and emit an electrical charge, except as allowed for below. b. Exceptions: Facilities providing essential services or municipal and governmental services may erect barbed wire, or other materials having a similar deterrence, upon notice to properties within 350 feet and upon approval of the City Council. Ordinance 773 Page 3 SECTION 3. This ordinance is effective 30 days after its publication. Read by the City Council of the City of Mounds View on this 12th day of June, 2006. Read and passed by the City Council of the City of Mounds View this 26th day of June, 2006. Rob Marty, Mayor ATTEST: Kurt Ulrich, City Administrator (SEAL) APPROVED AS TO FORM: City Attorney Item No: 7M Meeting Date: 06/12/06 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: Resolution 6841 Approving the Communications Coordinator to Attend the NATOA Conference in Florida Background: This item was reviewed and discussed at the June 5th Council work session. It is requested that consideration be given to authorizing Communication Coordinator Kimberly Blackford to attend the National Association of Telecommunications Officers and Advisor’s (NATOA) annual conference August 22-25, 2006 in Lake Buena Vista, Florida. Discussion: The item has been budgeted in the 2006 budget as $1,000 for one national conference attendance. The budgeted funds would pay for transportation, lodging, and meals. The North Suburban Cable Commission has agreed to pay the tuition of $495. The conference will allow this new employee of the City to gain technical knowledge and to build contacts within the cable communications profession. Recommendation: It is recommended that the City Council approve the attached Resolution 6841, authorizing the attendance of Communications Coordinator Blackford to attend the NATOA conference. RESOLUTION NO. 6841 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING THE COMMUNICATIONS COORDINATOR TO ATTEND THE NATOA CONFERENCE IN FLORIDA WHEREAS, the City’s adopted goals for the year include to “Improve communications with the public” and to “Improve the effectiveness in delivery of services”; and WHEREAS, the adopted values of the City include “Professionalism – We believe that continuous improvement is the mark of professionalism and are committed to applying this principle to the services we offer and the development of our employees; and WHEREAS, the City has recently hired a Communications Coordinator who will benefit from continuing education opportunities offered by professional organizations such as the National Association of Telecommunications Officers and Advisors (NATOA), and; WHEREAS, the expenses of a national conference are included in the 2006 budget; and WHEREAS, the NSCC/CTV15 has offered to pay the full tuition for the conference in the amount of $495. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota that the City’s Communications Coordinator, Ms. Kimberly Blackford, is hereby authorized to attend the National Association of Telecommunications Officers and Advisor’s (NATOA) annual conference August 22-25, 2006 in Lake Buena Vista, Florida. Adopted this 12th day of June 2006. ____________________________________ Rob Marty, Mayor ATTEST: ____________________________________ Kurt Ulrich, City Administrator (seal) Item No. 07N Type of Business: CB Meeting Date: June 12, 2006 City Administrator Review: _____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Assistant to the City Administrator Item Title/Subject: Resolution 6849 Authorizing Severance Package for William Hanggi, Mounds View Public Works Lead Utility Worker Background William Hanggi has retired from the Mounds View Public Works Department effective May 31, 2006. Attached is Resolution 6849, which authorizes severance payment to William Hanggi. These payments are in accordance with the Mounds View Personnel manual and the current Public Works Collective Bargaining Agreement (Current Agreement: Jan. 1, 2004 to December 31, 2005). Resolution 6849 provides a cash payout for Mr. Hanggi’s Compensatory Time hours of $1,212.00. (50 hours comp time x $24.24/hourly wage). This is in accordance with the current Public Works Collective Bargaining Agreement. Resolution 6849 provides a payout of Mr. Hanggi’s vacation hours. In accordance with the current Public Works Collective Bargaining Agreement, Mr. Hanggi is eligible to contribute accrued vacation time towards the Retirement Health Savings Plan. This is calculated as 302.19 hours times his hourly salary of $24.24, which equates to $7,325.09 contribution to the Retirement Health Savings Plan. Resolution 6849 also provides for a payout of Mr. Hanggi’s sick time. In accordance with the Public Works Collective Bargaining Agreement, he is eligible to contribute 65% of his accumulated and banked sick leave for contribution to the employee Retirement Health Savings plan. This is calculated as 973.16 accrued/banked sick hours times 65% times his hourly rate of $24.24. This comes to $15,333.01 to be contributed to the Retirement Health Savings plan. Recommendation Staff recommends severance payment and contribution to the Retirement Health Savings Plan for William Hanggi in accordance with the City’s Personnel Manual and current Public Works Collective Bargaining Agreement. This Severance Package may be adjusted at a later date pending the ratification of the 2006-2007 Public Works Contract. If the Severance Package is adjusted, then it will be presented at a City Council Meeting with approval by Resolution. Respectfully submitted, Desaree Crane RESOLUTION NO. 6849 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING SEVERANCE FOR WILLIAM HANGGI WHEREAS, William Hanggi has retired from the Mounds View Public Works Department effective May 31, 2006; and WHEREAS, the balance of accrued and unused compensation hours is 50 hours as of June 8, 2006; and WHEREAS, the balance of accrued and unused vacation time is 302.19 hours as of June 8, 2006; and WHEREAS, the balance of accrued and unused sick leave time is 973.16 hours effective June 8, 2006; and WHEREAS, William Hanggi’s current rate of pay of $24.24 per hour; and WHEREAS, the maximum potential payout of compensatory time will be 50 hours x $24.24 = $1,212.00; and WHEREAS, the maximum potential payout of vacation time will be 302.19 hours x $24.24 = $7,325.09, which will be contributed to the Retirement Heath Savings Plan; and WHEREAS, the maximum potential payout of sick time contribution to the Retirement Health Savings Plan will be 973.16 hours x 65% x $24.24 = $15,333.01. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council approve a one-time payout of accrued and unused compensatory time not to exceed $1,212.00, vacation time in an amount not to exceed $7,325.09 to be contributed to the Retirement Health Savings Plan and payout of sick time not to exceed $15,333.01 to also be contributed to the Retirement Health Savings Plan as of June 8, 2006. Adopted this 12th day of June, 2006. ________________________________ Rob Marty, Mayor ATTEST: ________________________________ Kurt Ulrich, City Administrator (seal) Item No. 7O Meeting Date: June 12, 2006 Type of Business: CB WK: Work Session; PH: Public Hearing; CA: Consent Agenda; CB: Council Business City Administrator Review _______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Greg Lee, Director of Public Works Item Title/Subject: Resolution 6844 Appointing Mike Schnur as the Lead Utility Worker and Authorizing the Advertisement for the Vacancy in the Water Division of the Public Works Department Background: The Lead Utility Worker is currently assigned to the Water Division of the Public Works Department. This position is responsible for operation maintenance and monitoring of the City’s entire water supply system. The State of Minnesota requires that the person operating the City’s water system maintain a Class B Water License; therefore is a requirement for the Lead Utility Worker. The former Lead Utility Worker, Bill Hanggi, retired from this position on May 31, 2006. On May 8, 2006, the City Council approved Resolution 6808 authorizing the advertisement for the Public Works Lead Utility Worker Position. Advertisement for applications was placed in the Star Tribune as well as the Saint Paul Pioneer Press. It was also advertised in the New Brighton–Mounds View Bulletin. Discussion The City received a total of six (6) applications for this vacant position. Only one met the minimum requirement of possessing a valid Class B Water License; this application was submitted by Michael Schnur. Mr Schnur is currently employed by the City of Mounds View in the Water Division of in the Public Works Department. Mr. Schnur started his employment with the City of Mounds View in 1997 as a seasonal employee. He was hired as a full-time maintenance employee in 1998 and worked in the Sanitary Sewer Division. On January 27, 2003, Mr. Schnur was appointed to Water Division via Resolution 5933. The Public Works Director has met with Mr. Schnur to discuss his interest and qualifications, as well as expectations for this position. The Director recommends that Mr. Schnur be appointed to fill the vacant Lead Utility Worker position in the Water Division of the Public Works Department. It is also recommended that this appointment be made as of June 1, 2006, as Mr. Schnur has been fulfilling the responsibilities of this position since this time. Mr. Schnur, if appointed to this position, would continue to be a member of the Public Works Collective Bargaining Unit. As such, Mr. Schnur would be subject to the established job classification system with regard to the pay scale. Based on the criteria set forth by the Labor Agreement with the Public Works Collective Bargaining Unit, Mr. Schnur would qualify for the current established pay scale of $24.24 per hour. As per the Public Works Labor Agreement, Mr. Schnur would be subject to a twelve-month probationary period. All other personnel policies will apply per the Public Works Labor Agreement and the City’s personnel manual. Mr. Schnur has been a great asset during his years of employment with the City. The Public Works Department is confident that Mr. Schnur will continue to be an outstanding employee and an asset to the City in the role of Lead Utility Worker. In the event that the City Council should appoint Mr. Schnur to the vacant Lead Utility Worker position, Staff would recommend authorization to advertise for the vacancy in the Water Division that would be created by this appointment. Recommendation: Staff recommends that the Council authorize the appointment of Michael Schnur as Lead Utility Worker position in the Water Division of the Public Works Department and authorize to advertise for the vacancy in the Water Division of the Public Works Department. Respectfully Submitted, Greg Lee, Director of Public Works RESOLUTION 6844 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPOINTING MICHAEL SCHNUR AS LEAD UTILITY WORKER POSITION AND AUTHORIZING TO ADVERTISE FOR THE VACANCY IN THE WATER DIVISION OF THE PUBLIC WORKS DEPARTMENT WHEREAS, on May 8, 2006, the City Council approved Resolution 6808 authorizing the advertisement for the Public Works Lead Utility Worker; and WHEREAS, the position was advertised and the City received six (6) applications; and WHEREAS, only Michael Schnur met the minimum requirement of possessing a valid Class B Water License; and WHEREAS, Michael Schnur has been an employee with the City since 1997 and is currently in the Water Division of Public Works; and WHEREAS, Michael Schnur is qualified for this position; and WHEREAS, the Public Works Director has met with Mr. Schnur to discuss his interest and qualifications, as well as expectations for the position; and WHEREAS, the Public Works Director recommends that Mr. Schnur be appointed to the vacant Lead Utility Worker position and this appointment should be made as of on June 1, 2006; and WHEREAS, Mr. Schnur would continue to be a member of the Public Works Collective Bargaining Unit, and as such, would be subject to the established job classification system with regard to the pay scale as set forth in the Public Works Labor Agreement, and WHEREAS, Mr. Schnur would qualify for current established pay scale of $24.24 per hour; and WHEREAS, Mr. Schnur would be subject to a twelve month probationary period and all other personnel policies as per the Public Works Labor Agreement and the City’s personnel manual; and WHEREAS, with the appointment of Mr. Schnur to the Lead Utility Worker position, Staff recommends authorization to advertise for the vacancy in the Water Division that would be created by this appointment. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does hereby approve the appointment of Michael Schnur as Lead Utility Worker in the Water Division of the Public Works Department effective June 1, 2006. NOW, THEREFORE, BE IT FURTHE RESOLVED that the Mounds View City Council does hereby authorize the advertisement for the vacancy created in the Water Division of the Public Works Department. Adopted this 12th day of June 2006. ____________________________________ Rob Marty, Mayor ATTEST: ____________________________________ Kurt Ulrich, City Administrator (seal) Item No: 08A Meeting Date June 12, 2006 Type of Business: CA City Administrator Review: ______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Barb Benesch, Administrative Assistant Item Title/Subject: CONTRACTOR LICENSES FOR APPROVAL Please consider the following contractor licenses for approval. All contractor licenses will expire on December 31, 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 Conditioning Associates, Inc. HVAC Renewal Anderson Heating & Air Cond., Inc. HVAC Renewal Fran’s Tree Service Tree Trimming/Removal Renewal GLR, Inc. General (Commerical) New Madsen Karter Construction General (Commercial) New Muellner Blacktop, Inc. Asphalt Renewal Oak Hill Tree Service Tree Trimming/Removal New State Mechanical, Inc. HVAC New Top-All Roofing, Inc. General (Commercial) New Topline Advertising, Inc. Sign New Staff Recommendation: Approve license applications as requested. Item No. 08B Type of Business: CB Meeting Date: June 12, 2006 City Administrator Review: _____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Assistant to the City Administrator Item Title/Subject: Resolution 6842 Authorizing a Revision to Larry Siluk’s Severance Package Background Larry Siluk has retired from the Mounds View Police Department effective April 30, 2006. At the last City Council Meeting on May 22, 2006, Mr. Siluk’s severance package was presented to the City Council as Resolution 6821. This resolution was passed by the City Council. Staff inadvertently left out a portion of his severance package. According to the current 2006-2007 LELS Police Officer contract, police officers are entitled to 25 days of accrued vacation for 20 years of service. Since Mr. Siluk hire date was in 1975, this provision would give an additional 13.09 hours of vacation for Mr. Siluk per the current contract. This 13.09 was not included in Resolution 6821, and therefore, Mr. Siluk is entitled to an additional $420.45 cash payout for vacation accrual. (13.09 hours x $32.12/hour). Resolution 6842 provides a revision to Mr. Siluk’s payout of vacation time in the amount of $420.45. This is calculated as 13.09 accrued vacation hours times his hourly rate of $32.12. Recommendation Staff recommends an additional severance payment of $420.45 for 13.09 accrued vacation hours in accordance with the LELS Police Officers Labor Agreement. Respectfully submitted, Desaree Crane RESOLUTION NO. 6842 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING A REVISION TO LARRY SILUK’S SEVERANCE PACKAGE WHEREAS, Larry Siluk has retired from the Mounds View Police Department effective April 30, 2006; and WHEREAS, the City Council passed Resolution 6821 authorizing a severance package for Larry Siluk; and WHEREAS, in accordance with the current 2006-2007 LELS Police Officers Labor Agreement, police officers are authorized 25 days vacation for 20 years of service; and WHEREAS, Larry Siluk was hired in 1975 as a Mounds View Police Officer; and WHEREAS, Resolution 6821 did not include 13.09 hours of accrued/unused vacation; and WHEREAS, Larry Siluk’s current rate of pay is $32.12 per hour; and WHEREAS, Larry Siluk is authorized an additional $420.45 payout of vacation time, which equates to 13.09 hours times his hourly salary of $32.12 due to the vacation schedule outlined in the 2006-2007 LELS Police Officers Labor Agreement. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council approve an additional vacation payout of 13.09 hours of vacation not to exceed $420.45 in accordance with the 2006-2007 LELS Police Officers Labor Agreement. Adopted this 12th day of June, 2006. ________________________________ Rob Marty, Mayor ATTEST: ________________________________ Kurt Ulrich, City Administrator (seal) Item No: 8C Meeting Date: 06/12/06 Type of Business: Consent Agenda City of Mounds View Staff Report To: Honorable Mayor and City Council From: Kurt Ulrich, City Administrator Item Title/Subject: Resolution 6850 Appointing North Suburban Cable Commission Alternate Member Background: Ms. Peg Meyer previously served as the Mounds View alternate for the North Suburban Cable Commission. She recently moved from the City leaving a vacancy in that position. Currently, Ms. Barbara Haake represents the City as its regular representative. The alternate would fill in at time Ms. Haake is unavailable to attend meetings. The North Suburban Cable Commission (NSCC) was established in 1981, consisting of 10 member cities and is charged with the duties of administering the local cable agreement and managing the institutional network. The City Council is to appoint one member and one alternate member to the NSCC. Discussion: Mounds View resident, Jackie Entsminger, currently a member of the Mounds View Cable Committee and the Mounds View Economic Development Commission, has expressed a willingness to serve as the alternate representative to the NSCC. Her application is attached for your review. Recommendation: It is recommended that the City Council approve the attached Resolution 6850, appointing Ms. Jackie Entminger, 7954 Long Lake Road, as the North Suburban Cable Commission Alternate Member RESOLUTION NO. 6850 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPOINTING NORTH SUBURBAN CABLE COMMISSION ALTERNATE MEMBER WHEREAS, the North Suburban Cable Commission (NSCC) was established in 1981, consisting of 10 member cities; and WHEREAS, the NSCC is charged with the duties of administering the local cable agreement and managing the institutional network; and WHEREAS, the City Council is to appoint one member and one alternate member to the NSCC, and; WHEREAS, currently a vacancy exists in the Alternate Member position and Mounds View resident Jackie Entsminger has suitable experience and interest in fulfilling this obligation; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota that the City does hereby adopt Resolution 6850, appointing Ms. Jackie Entminger, 7954 Long Lake Road, as the North Suburban Cable Commission Alternate Member. Adopted this 12th day of June 2006. (ATTEST) ____________________________________ Rob Marty, Mayor (SEAL) ____________________________________ Kurt Ulrich, City Administrator Item No: 8G Meeting Date: 06/12/06 Type of Business: Consent Agenda City of Mounds View Staff Report To: Honorable Mayor and City Council From: Kurt Ulrich, City Administrator Item Title/Subject: Resolution 6843 Accepting Donation of Children’s Play Apparatus from YMCA for the Community Center Background: This item was reviewed by the City Council at the June 5th work session. The YMCA has offered to donate a children’s play structure for use at the Mounds View Community Center. The structure is several years old, but is in good condition and would physically fit into the Community Center’s children’s play area. Discussion: To purchase a new, similar-sized structure would cost at least $9,000 to $12,000. The Mounds View Community Center Task Force identified a children’s play area as one of the upgrades needed at the facility. The City will expend resources by having public works crews dissemble, move, and reassemble the structure. If the structure were not used for some reason the City would bear the cost of disposal. Recommendation: It is recommended that the City adopt the attached Resolution 6843 accepting the donation of the Children’s play apparatus as offered by the YMCA with the intent of using it at the Community Center. RESOLUTION NO. 6843 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA ACCEPTING DONATION OF CHILDREN’S PLAY APPARATUS FROM YMCA FOR THE COMMUNITY CENTER WHEREAS, the City’s adopted goals for the year include to “Continue to provide quality service with limited resources” and to “Improve the effectiveness in delivery of services”; and WHEREAS, the adopted values of the City include “Fiscal Responsibility – We believe that fiscal responsibility and the prudent stewardship of public funds is essential for citizen confidence in government”; and WHEREAS, the YMCA is a partner with the City in the delivery of quality parks and recreation services for Mounds View residents, and; WHEREAS, the YMCA has generously offered to donate a children’s play structure for use at the Mounds View Community Center, and; WHEREAS, the Mounds View Community Center Task Force identified a children’s play area as one of the upgrades needed at the facility, and WHEREAS, to purchase a new, similar-sized structure would cost an estimated $9,000 to $12,000, and; WHEREAS, accepting the structure will be consistent with the City values and goals of fiscal responsibility and quality service; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota that the City accept the donation of the Children’s play apparatus as offered by the YMCA with the intent of using it at the Community Center. Adopted this 12th day of June 2006. (ATTEST) ____________________________________ Rob Marty, Mayor (SEAL) ____________________________________ Kurt Ulrich, City Administrator Item No: _8I_ Meeting Date: June 12, 2006 Type of Business: CA Administrator Review: ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Chief of Police, Mike Sommer Item Title/Subject: Resolution 6827 Approval to Hire Justin Solberg as Public Service Officer Introduction: The City Council has approved the hiring of a part time Public Service Officer to fill the current opening. The Police Chief met with the Police Civil Service Commission concerning the procedures for filling the position. The Civil Service Commission has certified the eligibility list for the position. In order of eligibility, the list is as follows: 1. Justin Solberg 2. Amber Peterson 3. John Kaczmarek The top candidate on the current police civil service eligibility list for the position is Justin Solberg. A background investigation was completed on Mr. Solberg which he passed. Staff from the police department has met with Mr. Solberg and recommend he be hired to the position. Recommendation: Staff seeks council approval to proceed with appointing Justin Solberg to the part time position of Public Service Officer at the step one rate of pay for the position as stipulated in the AFSME contract covering this position effective June 13, 2006. Respectfully submitted, Mike Sommer, Chief of Police RESOLUTION NO. 6827 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPOINTING JUSTIN SOLBERG TO THE POSITION OF POLICE PUBLIC SERVICE OFFICER WHEREAS, a current opening exists for the part time position of Public Service Officer in the Police Department, and the City Council has approved filling the position, and; WHEREAS, the Police Civil Service commission certified the top three candidates on the current eligibility list for the position, and the top candidate is Justin Solberg, and; WHEREAS, staff of the Mounds View Police Department have met with Mr. Solberg and recommends he be appointed to the part-time position of Public Service Officer. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota as follows: that the Mounds View City Council does hereby appoint Justin Solberg to the position of Public Service Officer at the step one rate of pay for the position effective June 13, 2006. Adopted this 12th day of June 2006. ______________________________ Rob Marty, Mayor ATTEST: _______________________________ Kurt Ulrich City Clerk/Administrator (SEAL) Item No. 8J Meeting Date: June 12, 2006 Type of Business: CA Administrator Review: _____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Mike Sommer, Police Chief Item Title/Subject: Authorization to Purchase a Replacement Squad Car (for a squad totaled in an accident) Utilizing the Settlement Funds From Progressive Insurance and Funds From the Vehicle and Equipment Fund. Date of Report: June 12, 2006 NATURE OF REPORT: On May 26, 2006 a Mounds View squad car was involved in an accident at County Road 10 and Edgewood. The squad car was crossing County Road 10 on an emergency run and was struck by a vehicle traveling eastbound on County Road 10. As a result of the collision, the squad car received extensive damage. The damage was reviewed and it was determined that the squad car was totaled, and could not be repaired. The insurance company (Progressive) representing the driver of the vehicle who struck the squad car has agreed to accept 100% of the liability for the damages. The value of the 2004 Ford Crown Victoria police interceptor squad is approximately $12,000. The cost of removing the equipment from the damage squad and placing it on to a new squad is approximately $3000. Progressive insurance company has agreed to pay the city of Mounds View the value of the squad car and the cost of removing the police equipment and reinstalling it into a new squad car. The state bid cost for a 2006 Ford Crown Victoria police interceptor squad car is approximately $23,000. In order to maintain the fleet of squad cars necessary for the Police Department the damaged squad car needs to be replaced. Superior Ford has a small inventory of white 2006 Ford Victoria police squad cars for accidents such as in our case. They offer these in stock squad cars for a price of approximately $23,000. This replacement squad car would be purchased by combination of the settlement fee from progressive insurance and approximately $11,000 from the vehicle and equipment fund. The police equipment would be stripped and reinstalled into the new car at the expense of progressive insurance companies. RECOMMENDATION: Staff recommends approval for replacing the totaled 2004 Ford Crown Victoria police interceptor squad with a 2006 Ford Crown Victoria police interceptor squad car purchased through Superior Ford who has an in-stock squad car available. This replacement squad car would be funded from the settlement money from progressive insurance along with approximately $11,000 from the vehicle and equipment fund. Replacing the totaled squad car will return the patrol fleet size of the Mounds View Police Department back to its previous operational level. Respectfully submitted, _____________________ Mike Sommer Police Chief RESOLUTION 6851 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION AUTHORIZING REPLACEMENT OF A TOTALED SQUAD CAR WHEREAS, on May 26, 2006 a Mounds View police squad car was involved in an accident and as a result of the collision it was determined that the squad car was totaled, and; WHEREAS, the insurance company representing the driver of the vehicle who struck the squad car, Progressive Insurance, have agreed to cover 100% of the damages involved. This includes the value of the 2004 squad car totaled (approximately $12,000), and the cost of removing and reinstalling the police equipment, and; WHEREAS, in order to maintain the fleet of patrol squad cars necessary for the Mounds View Police Department, the totaled squad car needs to be replaced, and; WHEREAS, Superior Ford maintains a small fleet of in-stock replacement 2006 Ford Crown Victoria police interceptor squad cars available for situations involving totaled squad cars and they offer these squad cars for a price of approximately $23,000 including tax. NOW, THEREFORE, BE IT RESOLVED that the City Council for the City of Mounds View authorizes the purchase of one 2006 Ford Crown Victoria police vehicle from Superior Ford at approximate cost of $23,000. This would be funded by the settlement funds received from Progressive Insurance Company, and approximately $11,000 from the city of Mounds View vehicle and equipment fund. Adopted this 12th day of June 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 May 22, 2006 6 Mounds View City Hall 7 2401 Highway 10, Mounds View, MN 55112 8 7:18 P.M. 9 10 11 1. MEETING IS CALLED TO ORDER 12 13 2. PLEDGE OF ALLEGIANCE 14 15 3. ROLL CALL: Marty, Stigney, Flaherty, Gunn (arrived at 9:24 p.m.) and Thomas. 16 17 NOT PRESENT: None. 18 19 4. APPROVAL OF AGENDA 20 21 A. Monday, May 22, 2006 City Council Agenda. 22 23 City Administrator Ulrich added Agenda Item 6G, Report on Traffic Accident. 24 25 MOTION/SECOND: THOMAS/FLAHERTY. To Approve the Monday, May 22, 2006 agenda 26 as revised. 27 28 Ayes – 4 Nays – 0 Motion carried. 29 30 5. PUBLIC INPUT 31 32 Barbara Haake, 3024 County Road I, stated she would like to address Agenda Item 7J, 33 Resolution in Support of Local Cable and Video Provider Franchising, that will be addressed by 34 Cora Wilson. She asked the Council to listen closely to Ms. Wilson because Mounds View 35 wants to keep its franchise fees. Ms. Haake urged the Council to adopt the draft resolution. 36 37 Tom Winiecki, 2700 block of Sherwood Road, gave the Council several pieces of asphalt, stating 38 that this is an example of his street. He explained he spoke with the Public Works Director and 39 in his opinion the Council and the Public Works Director are not doing their jobs to properly 40 repair potholes. He suggested if the City is going to patch a hole, it should be done right with 41 cold mix. 42 43 Mayor Marty agreed the City’s streets are past patching and noted this will be discussed during 44 Agenda Item 7F. 45 Mounds View City Council May 22, 2006 Regular Meeting Page 2 1 City Administrator Ulrich stated the Council recognizes street repairs as their top priority and the 2 City is progressing aggressively to address that issue. 3 4 Public Works Director Lee explained staff does not want to spend too much time and money to 5 patch streets because street rehabilitation is the best remedy. 6 7 Mayor Marty stated the Council has been trying to move this forward for years and it is now the 8 time to “take the bull by the horns” and the City will have to deal with Item 7F tonight. 9 10 6. SPECIAL ORDER OF BUSINESS 11 12 A. Senator Betzold and Representative Bernardy would like to speak to the 13 Council in regard to this year’s legislative session. 14 15 Mayor Marty welcomed Senator Betzold and Representative Bernardy to the meeting. 16 17 Senator Betzold stated that Councilmember Thomas was also at the Capitol and has spent long 18 hours there. He provided a recap on the legislative session that started March 1st and explained it 19 was a short session since it was not a budget year. He stated this past week they had some long 20 days and finally finished last night. He stated that last year the emphasis was to pass the budget 21 and education so a lot of things carried over to this short session. Senator Betzold reported on 22 the projects approved included in the Bonding Bill and other programs they were able to fund 23 through the $400 million Tobacco Health Impact Fund. He then reported on other actions 24 undertaken during this short session including passage of an open air Twins stadium paid by 25 sales tax, and a Gopher stadium with a land exchange and naming rights. Regarding the Viking 26 stadium, the action designates Blaine as the stadium site and that there can be a sales tax but not 27 until the Legislature approves that tax. Senator Betzold advised of bills that did not get passed in 28 this session and noted the next regular session starts in January and it is an election year. 29 30 Representative Bernardy explained that it turned out to be a good session and was more 31 cooperative and bipartisan than previously. She reported the fiscal bill passed to fix language for 32 County Road J and she worked with Councilmember Thomas on that issue so the $24 million 33 will now go to the right place and that project can be started. She explained it is not an easy task 34 to get money for roads at the State level and the Department of Transportation is now down to 35 bear bones, hardly able to make payments, and contractors are being asked to carry the project for 36 three years which costs a lot in interest money. 37 38 Representative Bernardy stated she worked hard to do scopeing and design work on 35W but that 39 bill was not passed because there was not a transportation bill. She noted this is one of the 40 highest deficient areas in the State and that project is not on Mn/DOT’s 20 or 30-year plan. 41 42 Representative Bernardy stated she is disappointed about property tax relief and had wanted 43 permanent property tax relief, not just a gimmick check that comes out right before the election. 44 The proposal she voted against in the House was for a one-time refund and now there will be an 45 Mounds View City Council May 22, 2006 Regular Meeting Page 3 11% property tax increase State wide. She pointed out that since the Governor took office, there 1 has been an increase of $2 billion in property taxes, which she believes is misguided because the 2 State needs to take care of things like education and not dump it onto local property taxes. 3 Representative Bernardy advised that 30% of the people are renters and they would not have 4 received any property tax relief even though they pay for that tax through their rent. Also, the 5 bill is not progressive so hard working Minnesotans would have only received $180 and those 6 who do not need the money would have received ten times that amount. Representative 7 Bernardy then reviewed the issues that she plans to work on and stated she hopes they will 8 continue to work more bipartisanly. 9 10 Mayor Marty thanked both Senator Betzold and Representative Bernardy for trying to get the 11 additional $400,000 for the sound wall, which did not receive funding this year, and urged them 12 to keep that issue alive for next year. He asked for help on the local cable and video franchising 13 issues which are being looked at on a national level and would do away with franchise fees 14 currently received by cities and local cable franchise holders. 15 16 Senator Betzold stated that is more of a Congressional issue. 17 18 Councilmember Stigney left the meeting at 7:43 p.m. 19 20 B. Resolution 6816, A Resolution of Appreciation for the City of New Brighton 21 for the use of their Council Chambers during the Mounds View 22 Rehabilitation Project. 23 24 Mayor Marty read the resolution in full. 25 26 MOTION/SECOND: THOMAS/FLAHERTY. To adopt Resolution 6816, A Resolution of 27 Appreciation for the City of New Brighton for the use of their Council Chambers during the 28 Mounds View Rehabilitation Project. 29 30 Ayes – 3 Nays – 0 Absent – 1 (Stigney) Motion carried. 31 32 C. Resolution 6817, A Resolution of Appreciation for the City of Roseville IT 33 Department for their services during the Mounds View Rehabilitation 34 Project. 35 36 Mayor Marty read the resolution in full. 37 38 Councilmember Stigney returned to the meeting at 7:46 p.m. 39 40 MOTION/SECOND: FLAHERTY/THOMAS. To adopt Resolution 6817, A Resolution of 41 Appreciation for the City of Roseville IT Department for their services during the Mounds View 42 Rehabilitation Project. 43 44 Ayes – 4 Nays – 0 Motion carried. 45 Mounds View City Council May 22, 2006 Regular Meeting Page 4 1 D. Resolution 6818, A Resolution of Appreciation for the City of Spring Lake 2 Park for use of their Council Chambers for Mounds View Planning 3 Commission Meetings during the Mounds View Rehabilitation Project. 4 5 Mayor Marty read the resolution in full. 6 7 MOTION/SECOND: MARTY/FLAHERTY. To adopt Resolution 6818, A Resolution of 8 Appreciation for the City of Spring Lake Park for use of their Council Chambers for Mounds 9 View Planning Commission Meetings during the Mounds View Rehabilitation Project. 10 11 Ayes – 4 Nays – 0 Motion carried. 12 13 E. Resolution 6819, A Resolution of Appreciation for the Ramsey County 14 Sheriff’s Department for the use of their facilities during the Mounds View 15 Rehabilitation Project. 16 17 Mayor Marty read the resolution in full. 18 19 MOTION/SECOND: STIGNEY/THOMAS. To adopt Resolution 6819, A Resolution of 20 Appreciation for the Ramsey County Sheriff’s Department for the use of their facilities during 21 the Mounds View Rehabilitation Project. 22 23 Ayes – 4 Nays – 0 Motion carried. 24 25 F. Review of Annual Storm Water MS4 Permit. 26 27 Surface Water Technician Fleischhacker presented the Annual Storm Water MS4 Permit, its 28 goals, and how those goals will be achieved. He explained that Mounds View’s storm system is 29 classified by the PCA as an MS4. The permit has goals for best management practices (BMPs), 30 which are guidelines or programs to keep the storm water in the City clean. He advised there is a 31 community complaint line to address issues related to ponding in their yard, illegal dumping, etc. 32 The permit balances environmental concerns with public safety, outlines educational components 33 for staff and residents, and may involve educational brochures or training employees for the 34 City’s hazardous spill and response program. Issues of direct concern to residents are household 35 clean up days and educational materials that are distributed to schools in surrounding areas to 36 show students the importance of storm water management. For the street sweeping program, the 37 City recently purchased a new sweeper to provide faster service with fewer people and using less 38 water. Surface Water Technician Fleischhacker advised that a complete list is posted on the 39 MPCA website or it can be received by contacting the storm sewer hotline. He advised of the 40 telephone number and explained this is important because it protects water bodies and streams 41 that residents value like Spring Lake, Silverview Pond, and Silverview Park. It also provides 42 clean water for Rice Creek and downstream waters that provide for recreational activities. 43 44 Mounds View City Council May 22, 2006 Regular Meeting Page 5 Surface Water Technician Fleischhacker stated residents can help with storm water management 1 by using phosphorous free fertilizers, properly disposing of pet wastes, and keeping organic 2 matter like leaves and grass outside of the streets. The MPCA considers anything that coveys 3 water to be a waterbody of the State, which includes ditches, wetland or the curbline running 4 down the street. 5 6 Surface Water Technician Fleischhacker reported that projects in 2006 include the Edgewood 7 Bona ditch cleaning project behind properties on Edgewood and Bona, north of County Road H. 8 In addition, a few ponds will be dredged and culverts replaced. He offered to answer questions 9 or receive comments. 10 11 Mayor Marty asked if anyone in the audience had comments or questions. No one responded 12 13 Councilmember Flaherty asked which ponds will get dredged. Surface Water Technician 14 Fleischhacker stated the ponds will be inspected and dredged if there has been excessive erosion. 15 The City will also dredge the new pond in Silver View Park because the banks were not 16 stabilized appropriately and there was erosion. That pond will be dredged and the banks seeded 17 with native grasses and wildflowers. 18 19 Mayor Marty asked whether staff finished catch basin inspections last year. Surface Water 20 Technician Fleischhacker advised the City is required to inspect twenty percent of the outfalls 21 each year and staff is above that threshold. 22 23 Mayor Marty asked if the City is running on schedule with this program. Surface Water 24 Technician Fleischhacker answered in the affirmative and explained that the permit was set up 25 for a five-year cycle but this is a new permit so this is Year One with a new set of guidelines. 26 27 Mayor Marty pointed out that this is a federal mandate required of each City and requires 28 Mounds View to implement this criteria. The City has one staff person assigned to keep on top 29 of this program and assure the City is compliant. 30 31 G. Report on Traffic Accident 32 33 Mayor Marty advised there was a fatality in a car accident and requested a report from the Police 34 Chief. 35 36 Police Chief Sommer extended the City’s sympathy to the family of the 17-year-old who was 37 killed and the 20-year-old who was seriously injured on May 14 in an accident by an impaired 38 driver. He explained that the New Brighton police observed the vehicle going in the wrong 39 direction westbound on County Road H. The New Brighton car activated its red lights and the 40 car accelerated heavily, reaching speeds of 60 miles per hour, traveling westbound through stop 41 lights at Long Lake Road, and at Silver Lake Road struck a vehicle at full force that was legally 42 within the intersection. That passenger died and the driver was seriously injured. He advised 43 that the suspect, Lawrence Augustine Maxi, had three prior DWI arrests in 1993, 1999 and 2001. 44 He was charged by criminal complaint with fleeing a police officer in a motor vehicle resulting in 45 Mounds View City Council May 22, 2006 Regular Meeting Page 6 death, which is a crime with a maximum sentence of 40 years in prison, and criminal vehicle 1 injury, which is a three-year felony. 2 3 Mayor Marty stated the City’s thoughts, prayers, and concerns are with the victim’s families 4 5 7. COUNCIL BUSINESS 6 7 A. 7:05 p.m. Public Hearing for the Second Reading and Adoption of Ordinance 8 772, an Ordinance Amending Chapter 7 of the Mounds View City Charter. 9 (ROLL CALL VOTE) 10 11 Mayor Marty opened the public hearing at 8:03 p.m. 12 13 Assistant to the City Administrator Crane advised that on April 18, 2006, the Mounds View 14 Charter Commission adopted Resolution 2006-05, which put forward suggested amendments to 15 the Charter in Chapter 7 relating to “Taxation and Finances.” These amendments were discussed 16 at the April 18, 2006 Special Work Session between the Mounds View Charter Commission and 17 the Mounds View City Council. A first reading of this Ordinance was done at the April 24, 18 2006 City Council Meeting, and the first reading was approved. 19 20 Assistant to the City Administrator Crane explained the intent of the Charter Commission with 21 this resolution is to clarify language in the Charter relating to Taxation and Finances in Chapter 7 22 of the Mounds View City Charter. Consistent with State law, the ordinance would go into effect 23 90 days after unanimously being adopted by the City Council. 24 25 Assistant to the City Administrator Crane stated staff recommends the City Council hold the 26 public hearing for the second reading of Ordinance 772, noting it requires a roll call vote, and the 27 vote must be unanimous in order for the ordinance to pass. If the City Council accepts the 28 Ordinance unanimously, then only a summary of the Ordinance will be published in accordance 29 with the City Charter. She noted a revision to the ordinance summary to revise the date and that 30 the Charter Commission Chair is in attendance. 31 32 Mayor Marty noted that Councilmember Gunn is not in attendance but may be returning later in 33 the meeting. He stated this item will have to be tabled until a full Council is present. 34 35 Mayor Marty closed the public hearing at 8:05 p.m. 36 37 Mayor Marty noted this ordinance is in the same format as first reading. 38 39 MOTION/SECOND: THOMAS/FLAHERTY. To table consideration of Ordinance 772, An 40 Ordinance Amending Chapter 7 of the Mounds View City Charter, until a full Council is present. 41 42 Ayes – 4 Nays – 0 Motion carried. 43 44 B. 7:10 p.m. Public Hearing 45 Mounds View City Council May 22, 2006 Regular Meeting Page 7 (1) Resolution 6804, Final Plat and Wetland Alteration Permit Approval 1 for the SYSCO Second Addition Major Subdivision. 2 3 Mayor Marty opened the public hearings on Resolution 6804, Ordinances 761, 762, and 763 at 4 8:08 p.m. 5 6 Community Development Director Ericson stated this is consideration of the final plat for 7 SYSCO. He explained there is also a wetland alteration permit and three ordinances to dispose 8 of the three acres of land to SYSCO, rezone that three acres, and vacate a small easement area 9 formerly identified as wetland. He apologized that the staff report indicates a Comprehensive 10 Plan amendment, which is not the case since that amendment was authorized last year. 11 12 Director Ericson explained that during consideration of the preliminary plat action, it showed two 13 lots. One of the Council directions to SYSCO and their representatives was to talk to Ramsey 14 County about vacating the former Long Lake Road right-of-way that split their property. The 15 plat was put on hold pending that request and Ramsey County did authorize a turn back of that 16 land. Mounds View vacated that right-of-way land by ordinance. 17 18 Director Ericson distributed a revised map and described each of the lots and Outlot B, which is 19 five acres of land that no longer reflects the public use deed restriction present on Outlot A, and 20 reflects the easements for trails, billboards, and access rights for Medtronic and Clear Channel. 21 Staff recommends approval of the final plat because everything is in order. 22 23 Director Ericson stated the resolution also considers a wetland alteration permit and language 24 that addresses impacts to the 1.83 acres of wetland related to the relocation of the driveway. The 25 project mitigates 3.73 acres and the map identifies what is filled, what is new wetland, and what 26 is buffer. Because the resolution does not reflect wetland alteration permit approval, he 27 recommended the following addition to the draft resolution: 28 29 “NOW THEREFORE BE IT FINALLY RESOLVED, that the Mounds View City Council does 30 hereby approve a Wetland Alteration Replacement Permit to impact 1.83 acres of wetland with 31 mitigation totaling 3.73 acres subject to Rice Creek Watershed District and MPCA approval.” 32 33 Director Ericson explained the three acres taken from Outlot A is zoned Light Industrial and the 34 desire is that it have the same zoning as SYSCO, which is PUD. There are no issues associated 35 with the first reading of that ordinance but given the amount of time since the public hearing, 36 notice was again posted. He advised that one resident on the south side of Highway 10 called to 37 ask what the impact is to her, which is none. In addition, Mn/DOT was notified. 38 39 Director Ericson explained the second ordinance vacates the easement area, as identified on 40 Exhibit A, that will be filled with the driveway and parking area. That area needs to be vacated 41 through the second reading of the ordinance. 42 43 Director Ericson stated the third ordinance would transfer the land to SYSCO, which requires an 44 ordinance. He summarized the four actions before the Council to approve the final plat and 45 Mounds View City Council May 22, 2006 Regular Meeting Page 8 wetland alteration permit, an ordinance to rezone the three acre parcel, an ordinance to transfer 1 the three acres of land to SYSCO, and an ordinance to vacate the excess easement. Director 2 Ericson stated staff recommends approval of the final plat and adoption of the ordinances on 3 second reading. 4 5 Economic Development Coordinator Backman noted Page 4 of the report talks about rezoning 6 and clarified it is actually 3 acres, not 3.5 acres. Director Ericson stated that is correct. 7 8 Director Ericson stated the Council consensus is to not require a park dedication fee since the 9 building itself is not expanded and there is not an impact to the park system. 10 11 Mayor Marty closed the public hearing at 8:19 p.m. 12 13 MOTION/SECOND: FLAHERTY/THOMAS. To waive the reading and adopt Resolution 6804, 14 A Resolution Approving Final Plat and Wetland Alteration Permit Approval for the SYSCO 15 Second Addition Major Subdivision. 16 17 Councilmember Stigney stated he does not support this action or the following three ordinances. 18 He stated he does not think the City should use TIF for this project. He noted that SYSCO was 19 built, received TIF, and now wishes to expand their parking lot and driveway and he believes 20 SYSCO should do it on own “dime.” Councilmember Stigney pointed out that the driveway will 21 require cutting down a lot of trees, wetland alteration permits, and he does not view that should 22 be done in Mounds View. 23 24 Mayor Marty asked about the permit narrative. Director Ericson stated it was prepared by RLK. 25 Mayor Marty noted the description of the project location and asked if it is still reflected as 26 township boundaries. Director Ericson explained that is the legal description. 27 28 Mayor Marty stated with this project, SYSCO will add four to six tractors and trailers per year to 29 accommodate future growth and maximize space. SYSCO also has plans to add 20 employees 30 per year to accommodate future growth, which will maximize staff space after two years. Mayor 31 Marty asked whether SYSCO will outgrow this site in a few years. 32 33 Phil Seipp, representing SYSCO, stated they do not anticipate outgrowing this site. He explained 34 that SYSCO is in the process of developing redistribution centers around the country and theirs 35 will probably open in 2008 or 2009, which will change in many ways how they do business. He 36 stated this site will last them for quite a while. 37 38 Mayor Marty stated this was looked into extensively because of the trees and this location is 39 preferable because the trees to be impacted are mostly willows and cottonwoods that will grow 40 back relatively quickly. He agreed that some trees will be lost but that has been looked into to 41 assure the project is saving the good trees. 42 43 Mayor Marty stated with the mitigation area, monitoring for the wetland replacement area will 44 occur in accordance with the Wetland Conservation Act for five years to assure the success of the 45 Mounds View City Council May 22, 2006 Regular Meeting Page 9 wetland. Mayor Marty read the requirements for that inspection and stated he is encouraged to 1 see it will be monitored so closely. 2 3 Councilmember Thomas stated that sometimes she agrees with Councilmember Stigney on TIF 4 use and sometimes she does not. She stated this project is needed because of the company’s 5 growth and these are small alterations to a very good neighbor of Mounds View that allows the 6 entire company to stay and expand in Mounds View. She stated she enjoys having SYSCO in 7 Mounds View and believes they have been a good partner. 8 9 Mayor Marty stated his agreement, noting SYSCO has paid off their entire TIF note and the City 10 considering assisting them with $300,000, which is significant to SYSCO. He noted that last 11 year, the City assisted a multi-billion dollar company with $22.9 million in TIF. He stated 12 SYSCO is a good neighbor and business that is growing in Mounds View and helping them out 13 in this respect is totally justifiable. 14 15 Councilmember Stigney stated the willows and cottonwood trees are good for wetlands and the 16 site is being altered to put in a driveway. Another concern is that SYSCO may have to further 17 impact the wetland and mitigate off site. Councilmember Stigney stated he believes SYSCO can 18 afford to pay the $300,000 for this project and if not, maybe they should not be in business. He 19 noted that SYSCO is receiving money from two billboards and stated he cannot justify TIF for 20 this project. 21 22 Ayes – 3 Nays – 1 (Stigney) Motion carried. 23 24 (2) Public Hearing, Second Reading and Adoption of Ordinance 761, an 25 Ordinance Rezoning Three Acres of Land Associated with the 26 SYSCO Project (ROLL CALL VOTE) 27 28 MOTION/SECOND: THOMAS/MARTY. To waive the second reading and adopt Ordinance 29 761, An Ordinance Rezoning Three Acres of Land Associated with the SYSCO Project. 30 31 ROLL CALL VOTE: 32 Councilmember Gunn Absent 33 Councilmember Stigney No 34 Councilmember Flaherty Aye 35 Councilmember Thomas Aye 36 Mayor Marty Aye 37 38 Ayes – 3 Nays – 1 Motion carried. 39 40 (3) Public Hearing, Second Reading and Adoption of Ordinance 762, an 41 Ordinance Authorizing the Transfer of Three Acres of Land to 42 SYSCO (ROLL CALL VOTE) 43 44 MOTION/SECOND: FLAHERTY/THOMAS. To waive the second reading and adopt 45 Mounds View City Council May 22, 2006 Regular Meeting Page 10 Ordinance 762, An Ordinance Authorizing the Transfer of Three Acres of Land to SYSCO. 1 2 ROLL CALL VOTE: 3 Councilmember Gunn Absent 4 Councilmember Stigney Nay 5 Councilmember Flaherty Aye 6 Councilmember Thomas Aye 7 Mayor Marty Aye 8 9 Ayes – 3 Nays – 1 (Stigney) Motion carried. 10 11 (4) Public Hearing, Second Reading and Adoption of Ordinance 763, an 12 Ordinance Authorizing the Vacation of Excess Easements Associated 13 with the SYSCO Development (ROLL CALL VOTE) 14 15 MOTION/SECOND: MARTY/FLAHERTY. To waive the second reading and adopt Ordinance 16 763, An Ordinance Authorizing the Vacation of Excess Easements Associated with the SYSCO 17 Development. 18 19 ROLL CALL VOTE: 20 Councilmember Gunn Absent 21 Councilmember Stigney Nay 22 Councilmember Flaherty Aye 23 Councilmember Thomas Aye 24 Mayor Marty Aye 25 26 Ayes – 3 Nays – 1 (Stigney) Motion carried. 27 28 C. 7:15 p.m. Public Hearing 29 (1) Resolution 6814, Consideration of a Transfer of an On-Sale 30 Intoxicating Liquor Business License from Mounds View Jakes, Inc. 31 to Moe’s located at 2400 Highway 10 in Mounds View. 32 (2) Resolution 6820, Resolution Approving a Restaurant and Tobacco 33 License for Moe’s. 34 35 Mayor Marty opened the public hearing at 8:33 p.m. 36 37 Assistant to the City Administrator Crane explained that Section 502.08 of the City Code 38 requires that a public hearing be held prior to any intoxicating liquor license being issued. The 39 City of Mounds View issued an on-sale intoxicating liquor license for Jake’s Sports Café on June 40 27, 2005. Jake’s Sports Café will close after the Memorial Day holiday and will open as Moe’s 41 in mid-June. She advised that JVM Investments, Inc.’s owner, Jeffrey Moritko has submitted the 42 City liquor license application materials (to include the application to stay open until 2 a.m. per 43 Ordinance 717), and the applicable fees. 44 45 Mounds View City Council May 22, 2006 Regular Meeting Page 11 Assistant to the City Administrator Crane advised that the report has not come back from the 1 Minnesota Department of Criminal Apprehension for Jeffrey Moritko, owner of JVM 2 Investments, Inc. The Intoxicating liquor license will be pending a satisfactory report from this 3 agency, which should arrive within a week. 4 5 Assistant to the City Administrator Crane reported that Jake’s Sports Café does owe the City of 6 Mounds View $6,770.64. This bill is not due until May 31, 2006, and this transfer of liquor 7 license will not be processed unless this payment is made in full. Jake’s Sports Café recently had 8 a water leak, which caused the large amount owed on the utility bill. 9 10 Assistant to the City Administrator Crane stated the City’s Fire Marshal has inspected the 11 location currently called Jake’s Sports Café and issued a satisfactory report. However, the 12 establishment will be re-inspected when the transfer of building ownership is finalized at the end 13 of May. 14 15 Assistant to the City Administrator Crane advised that staff recommends approval transfer of 16 ownership from Jake’s Sports Café to JVM Investments, Inc., pending the payment of the utility 17 bill and a satisfactory report from the Minnesota Department of Criminal Apprehension. The 18 establishment will have another fire inspection when the building ownership is finalized. 19 20 Assistant to the City Administrator Crane explained that Mr. Moritko will be changing the name 21 of the establishment to Moe’s. Mr. Moritko also owns a restaurant business called Mayslack’s 22 located in Minneapolis. 23 24 Assistant to the City Administrator Crane stated staff recommends that the City Council approve 25 the Tobacco and Restaurant License pending the re-inspection of the establishment when the 26 transfer of ownership is finalized at the end of this month. 27 28 Darrell McConnell, General Manager of Moe’s, stated they are excited to be part of the 29 community and advised that he had received assurances that the water bill will be paid this week. 30 He stated they plan to provide a great neighborhood restaurant for the community and with their 31 menu, he thinks they can. 32 33 Councilmember Flaherty asked about the remodeling work. Mr. McConnell stated they want to 34 brighten the indoor area, create a patio, remodel the bathrooms, and install different lighting 35 options to make it more inviting. 36 37 Councilmember Flaherty asked about exterior improvements. Mr. McConnell stated the roof 38 will remain and they will add landscaping, a water feature along the side of the deck, and a nicer 39 appearance to draw in customers. 40 41 Mayor Marty closed the public hearing at 8:38 p.m. 42 43 MOTION/SECOND: THOMAS/STIGNEY. To waive the reading and adopt Resolution 6814, 44 A Resolution in Consideration of a Transfer of an On-Sale Intoxicating Liquor Business License 45 Mounds View City Council May 22, 2006 Regular Meeting Page 12 from Mounds View Jakes, Inc. to Moe’s located at 2400 Highway 10 in Mounds View. 1 2 Mayor Marty stated the Jacob brothers have been good neighbors and business in Mounds View. 3 4 Ayes – 4 Nays – 0 Motion carried. 5 6 MOTION/SECOND: MARTY/THOMAS. To waive the reading and adopt Resolution 6820, A 7 Resolution Approving a Restaurant and Tobacco License for Moe’s. 8 9 Ayes – 4 Nays – 0 Motion carried. 10 11 D. Resolution 6821 Approving Police Detective Larry Siluk’s Severance 12 Package. 13 14 Assistant to the City Administrator Crane reviewed that Larry Siluk retired from the Mounds 15 View Police Department effective April 30, 2006. She referenced Resolution 6821, which 16 authorizes severance payment to Larry Siluk. These payments are in accordance with the 17 Mounds View Personnel manual and the LELS Police Officers Labor Agreement. 18 19 Assistant to the City Administrator Crane explained that Resolution 6821 provides a cash payout 20 for Larry Siluk’s vacation time of $1,100.43. This is calculated as 34.26 accrued vacation hours 21 times his hourly rate of $32.12. It also provides for a cash payout of Larry Siluk’s sick time. In 22 accordance with the LELS Police Officers Labor Contract, is eligible to contribute 65% of his 23 accumulated and banked sick leave for contribution to the employee Retirement Health Savings 24 plan. This is calculated as 1,370.50 accrued/banked sick hours times 65% times his hourly rate 25 of $32.12. This comes to $28,613.46 to be contributed to the Retirement Health Savings plan. 26 27 Assistant to the City Administrator Crane stated staff recommends severance payment and 28 contribution to the Retirement Health Savings Plan for Larry Siluk in accordance with the City’s 29 Personnel Manual and LELS Police Officers Labor Agreement. 30 31 City Administrator Ulrich stated he had talked to Councilmember Stigney earlier today about 32 whether there was a limit on sick leave. He explained there was language in the 2003 contract 33 saying the employee would receive 65% of all accumulated and banked sick leave. The 2004-34 2005 contract grandfathers in 960 hours so tenured employees were grandfathered in. He 35 explained that including Mr. Siluk there are five employees in the Police Department that are 36 allowed to get 65% of their accumulated and banked sick leave and contribute it to their 37 retirement plan without a cap. Others are caped at 960 hours, which limits the City’s liability. 38 39 Mayor Marty asked if they would lose their grandfather status if they fall below the cap. City 40 Administrator Ulrich stated they would not. 41 42 MOTION/SECOND: THOMAS/MARTY. To waive the reading and adopt Resolution 6821, A 43 Resolution Approving Police Detective Larry Siluk’s Severance Package. 44 45 Mounds View City Council May 22, 2006 Regular Meeting Page 13 Councilmember Stigney stated he had talked with the City Administrator today who clarified the 1 questions he had. He stated it is unfortunate to have to make this kind of payout but that was 2 corrected in the contract. Councilmember Stigney commented on the importance to assure the 3 language in contracts and noted this issue has been corrected going forward. 4 5 Ayes – 4 Nays – 0 Motion carried. 6 7 E. Resolution 6822 A Resolution Approving the use of the Automark Ballot 8 Marking Device for Mounds View Municipal Elections. 9 10 Assistant to the City Administrator Crane explained that Congress enacted the Help America 11 Vote Act (HAVA) in 2002 to ensure that the voting method utilized in every polling place 12 includes a ballot marking device that is accessible for individuals with disabilities. This provides 13 them the ability to vote privately and independently. The Ramsey County Board of 14 Commissioners has adopted the local equipment plan to acquire and operate a ballot marking 15 device that is accessible to persons with disabilities. 16 17 Assistant to the City Administrator Crane reported that Ramsey County recently received a grant 18 in the amount of $1,256,572 to acquire and operate such a ballot marking device. The City of 19 Mounds View will be receiving five such marking devices from Ramsey County. One for each 20 Precinct and one for absentee voting. Staff has done the initial testing of the equipment, and all 21 five machines passed. Assistant to the City Administrator Crane explained that the Minnesota 22 Secretary of State’s Office has certified the Automark ballot marking device be used for the 23 State. In addition, the Ramsey County Auditor has also authorized the Automark ballot device in 24 all elections in Ramsey County. 25 26 Assistant to the City Administrator Crane advised that the operation and maintenance of the 27 Automark ballot marking device will be conducted in the same manner as the voting systems in 28 the joint powers agreement between the City and Ramsey County dated April 24, 2001. The City 29 is required to pass a resolution authorizing the use of this equipment. This resolution will then 30 be forwarded to the Ramsey County Auditor for their record. 31 32 Assistant to the City Administrator Crane stated staff recommends approval of Resolution 6822. 33 It is the intention of Staff, to display this equipment and have information about this equipment 34 at least 60 days prior to the State Primary. Public demonstrations will also happen at least six 35 weeks prior to the State Primary, which will be on September 12, 2006. 36 37 Mayor Marty stated his support for this plan, noting it will allow everyone to vote in private. 38 39 MOTION/SECOND: THOMAS/STIGNEY. To waive the reading and adopt Resolution 6822, 40 A Resolution Approving the use of the Automark Ballot Marking Device for Mounds View 41 Municipal Elections. 42 43 Ayes – 4 Nays – 0 Motion carried. 44 45 Mounds View City Council May 22, 2006 Regular Meeting Page 14 F. Resolution 6823 Authorizing the Preparation of a Feasibility Report and 1 Consultant Selection for the 2007-2008 Street and Utility Improvement 2 Project 3 4 Director of Public Works Lee reviewed that at the last work session, staff presented results from 5 the survey asking if residents would support a street and utility improvement program. It was 6 sent to six neighbor project areas. The purpose of the survey was to afford property owners to be 7 heard prior to the City Council selecting three areas for a feasibility report. The City received 8 218 surveys out of 687 properties, or a 31% response rate. Based on the low response rate, the 9 City Council had indicated it was not comfortable moving forward to select the three project 10 areas and wanted to afford residents to be heard. So a second survey was sent out on May 3 with 11 a deadline of May 16. The City received an additional 97 responses or a 46% response rate. 12 Director of Public Works Lee stated a summary of the survey results has been provided in the 13 staff report. 14 15 Public Works Director Lee described the boundaries for each of Project Areas A-F and advised 16 staff recommends that Project Areas D and F not be considered for a feasibility report. Staff 17 recommends the Council consider Project Areas A, B, C and E. Staff also recommends if 18 selecting Project Areas B or E, that they be selected together because both are in the northwest 19 area of the City where there are traffic pattern issues that need to be studied as part of the 20 feasibility report. Also, the City would have a probability of getting more favorable bids. Public 21 Works Director Lee presented the following options: 22 23 Option 1: Project Areas A, B, and E 24 Option 2: Project Areas C, B, and E 25 Option 3: Other combinations. 26 27 Public Works Director Lee presented the schedule for the 2007-2008 Street and Utility 28 Improvement Project indicates that the draft feasibility report will be completed in November 29 2006, the public hearing on December 11, 2006, and construction starting in July 2007. He 30 explained that authorizing a feasibility report at this time will allow staff to conduct a 31 neighborhood meeting in early June with impacted property owners and allow the project to 32 proceed under the current schedule. 33 34 Mayor Marty stated his concern with coupling in Option 1 and pointed out that Project Area A is 35 in the northern section of town, which is the area that needs the sound wall. He stated if 36 construction is started on a sound wall, there will be the same concerns in the 2004 and 2005 37 street reconstruction project about trucks and equipment coming in and using the new street. He 38 explained that because water lines are being installed under Highway 10, he was thinking about 39 Option 2 with Project Areas C, B, and E. He stated this is his eighth year on the Council and 40 during that time there has only been one project completed so he thinks it is time to move 41 forward with a project. Mayor Marty noted that everyone will not be happy but this can no 42 longer be put off. He stated during the EDA meeting and TIF discussion, it was mentioned there 43 was a window of opportunity to use some of the TIF pool on infrastructure. 44 45 Mounds View City Council May 22, 2006 Regular Meeting Page 15 Councilmember Thomas stated she agrees and likes Option 2, noting that in the second survey 1 the opposition numbers go down and the support goes up for Project Areas B and E. She 2 commented on the need to activate the community and noted that maybe starting a road project 3 will help to do that. Councilmember Thomas thanked staff for sending out the second survey to 4 determine trends and areas of support. She stated her support to move forward with Option 2 5 since the numbers of support are not present for Project Areas contained in Option 1. 6 7 Councilmember Stigney noted the majority are opposed in Project Areas A, B, D, and F and in 8 Area E there is only support by five votes. He stated if the Council is going to act against the 9 survey results, they should stop doing surveys. Councilmember Stigney stated if something is 10 approved, he would support Project Areas A, B, and E (Option 1). 11 12 Public Works Director Lee explained there will be an economy of scale to centrally locate the 13 project but if Project Areas A, B, and E are approved, it may not make that much difference. He 14 recommended keeping Project Areas B and E together since they are joined and share traffic 15 issues. 16 17 Councilmember Stigney reviewed the numbers in support and opposition of the Project Areas 18 and again stated if you listen to the people, only one area supports a road project and there have 19 been two opportunities to vote on this issue. 20 21 Councilmember Thomas stated she didn’t ask them to vote, but to state their opinion and she 22 took that into consideration. 23 24 Councilmember Flaherty stated the survey results are disheartening since the project is long 25 overdue and the streets are crumbling, as is his own road. He stated he looks at what the 26 residents are saying and Councilmember Stigney is correct that only one area supports it. 27 However, he thinks this is something that has to be done, noting it will improve home values 28 when the streets are improved. Councilmember Flaherty stated he supports moving forward with 29 Project Areas A, B, and E (Option 1). 30 31 Mayor Marty stated he could also support Project Areas A, B, and E (Option 1). 32 33 Councilmember Stigney asked staff’s preference. Public Works Director Lee stated his opinion 34 would be to move forward with Project Areas A, B, and E (Option 1). He noted that there are 35 two segments in Project Area A on Sherwood Road that are actually in better condition than the 36 rest of Project Area A. Those two segments could be dropped if the property owners agree to not 37 be included, which would greatly increase resident support for Project Area A. 38 39 Public Works Director Lee stated the next step would be to hold a neighborhood meeting with 40 the three Project Areas and consider their input in the project. 41 42 Councilmember Thomas asked what would be the impact on the project if there is further 43 development in the LaPort Meadows area. She also asked how it would impact the project if that 44 section of Sherwood Road is removed from the project. Public Works Director Lee stated those 45 Mounds View City Council May 22, 2006 Regular Meeting Page 16 two segments could be added at any time. Councilmember Thomas stated her support to leave 1 the segments out at this time since they may become haul routes should LaPort Meadows 2 develop. 3 4 Mayor Marty stated people who live on that section of Sherwood Road will also see the new 5 roads around them. He stated Areas O and I, as they see what is happening on Red Oak, may be 6 willing to support having their street project move forward. 7 8 Councilmember Thomas asked what will be the scope of the feasibility report presented to the 9 public. Public Works Director Lee stated the purpose of the next neighborhood meeting will be 10 to present options with mailboxes, parking, and lighting that they may be concerned about. 11 Those issues will be identified so they can be addressed in the feasibility report. 12 13 Mayor Marty stated the infrastructure (sewer and water) also needs to be fixed so something 14 more than a mill and overlay is needed. Public Works Director Lee agreed a mill and overlay is 15 not an option for these areas and the intent is an infrastructure improvement program including 16 water, sewer, and improving water quality in addition to the streets. 17 18 MOTION/SECOND: THOMAS/MARTY. To waive the reading and adopt Resolution 6823, A 19 Resolution Authorizing the Preparation of a Feasibility Report and Consultant Selection for the 20 2007-2008 Street and Utility Improvement Project including Area A as amended to remove two 21 sections of Sherwood Road, Area B, and Area E. 22 23 Ayes – 4 Nays – 0 Motion carried. 24 25 G. Resolution 6824 Authorization to Hire Don Burda to the Position of Full-26 Time Temporary Building Inspector 27 28 Community Development Director Ericson stated last year the City Council authorized 29 advertisement for a full-time Building Inspector to handle the workload of Medtronic and other 30 projects. The position was offered to an individual who worked for three months and then found 31 employment closer to home. That left Mounds View in a difficult position so staff looked at 32 options to fill the position including a contract inspector, re-advertising the position, or looking 33 at candidates who had already been interviewed. Since it had only been a three month period of 34 time, staff talked to the candidate interviewed the last time. A cost benefit analysis determined 35 this was a more cost effective and expeditious approach. Director Ericson stated staff is asking 36 for Council authorization to hire Don Burda who was the number two applicant in January. 37 38 Councilmember Thomas stated her concern is the change in what is being expected. She asked 39 whether part-time administrative help will continue to be needed. Director Ericson stated that 40 was always a possibility depending on how it goes this summer and if there is the need for 41 additional administrative assistance. He explained that Mr. Burda would be on staff full time and 42 able to offer assistance, which would not be the case if this position was contracted out. 43 44 Mayor Marty stated his agreement with the staff recommendation and indicated he feels it is 45 Mounds View City Council May 22, 2006 Regular Meeting Page 17 fortunate that the number two candidate is still available. He noted the Medtronic project is 1 moving along and the Building Official needs assistance. 2 3 MOTION/SECOND: FLAHERTY/THOMAS. To waive the reading and adopt Resolution 6824, 4 A Resolution of Authorization to Hire Don Burda to the Position of Full-Time Temporary 5 Building Inspector. 6 7 Ayes – 4 Nays – 0 Motion carried. 8 9 H. Resolution 6811 Authorization to purchase Window Treatments for 10 Renovated City Hall 11 12 Planning Associate Heller stated she is requesting authorization to purchase new window 13 treatments for the rehabilitated City Hall. She reviewed the three bids obtained, noting Abbey 14 Carpet is the low bid. She explained that additional funds are being requested because there are 15 other areas, like a room in the Police Department and the front area, that need a window shade. 16 17 MOTION/SECOND: MARTY/THOMAS. To waive the reading and adopt Resolution 6811, A 18 Resolution of Authorization to purchase Window Treatments for Renovated City Hall. 19 20 Councilmember Stigney noted there is only $3.25 between the low and second low bidder and 21 now staff is requesting an additional $2,000 as a cushion. He suggested that a bid be obtained 22 from the two lowest bidders to get a price on the additional shades instead of just blanketing it to 23 the low bidder. Associate Planner Heller stated that staff could call them to request that 24 information. 25 26 City Administrator Ulrich stated staff would use the unit bid that was included in the low bid. 27 He recommended the base bid be considered tonight and a second bid be submitted on the 28 additional shades. 29 30 Councilmember Stigney asked what is the unit bid amounts. Associated Planner Heller stated 31 she does not have that information on the new window shades. Councilmember Stigney stated 32 he would support tabling this consideration until the bids on the new shades can be presented. 33 34 Councilmember Thomas indicated support to move forward with the initial bid and noted the 35 cost for the remaining blinds would be under the amount requiring the City to obtain bids. She 36 suggested obtaining bids on the additional shades that are needed, noting there is a desire for a 37 matching product that may be a benefit to the low bidder. However, she does not want to delay 38 this action because there are significant issues. 39 40 Councilmember Stigney noted if this is approved, the company getting the bid will be able to 41 provide a better unit price on the additional blinds since they are coming out anyway to install the 42 blinds from the initial bid. The second low bidder will not be able to consider that economy of 43 scale since they are not out here for the initial bid. 44 45 Mounds View City Council May 22, 2006 Regular Meeting Page 18 Councilmember Flaherty asked how quickly the second bid could be obtained. Associate Planner 1 Heller stated they could come out to measure this week and may need a week to contact the 2 vendor and obtain the price. She advised that Hunter Douglas prices are being increased on June 3 1st for every store. She explained that because of the quantity, the City is receiving contract 4 pricing. 5 6 Councilmember Stigney stated the vendors may not have to come out to the City Hall since they 7 have already been here. Associate Planner Heller stated she could do the window measurements. 8 9 Mayor Marty noted this is the last meeting in May and the prices go up June 1st. 10 11 Councilmember Stigney suggested the Council authorize staff to take the measurements and get 12 pricing. 13 14 Mayor Marty noted the low bidder is a local business and he would like to support that low bid, 15 noting they have provided the City with good products and workmanship without reproach. 16 17 Councilmember Thomas stated again that she is not comfortable with a delay and if staff thinks 18 they can get the additional shades for less than $2,000 and will assure the unit cost, she supports 19 moving ahead. 20 21 Councilmember Gunn returned to the meeting at 9:24 p.m. 22 23 Councilmember Flaherty stated his support to allow staff to call both low bidders and then move 24 forward with the low bid. 25 26 Mayor Marty and Councilmember Thomas accepted a FRIENDLY AMENDMENT to the 27 motion to authorize staff to contact the two low bidders to obtain prices on the additional shades. 28 29 Ayes – 4 Nays – 0 Abstain – 1 (Gunn) Motion carried. 30 31 I. Resolution 6825 Approving Change Orders No. 20 through 26 for the City 32 Hall Rehabilitation Project 33 34 Public Works Director Lee explained the total amount of all change orders has been reduced 35 from the amount given in the March 13, 2006 report of $94,751 to $93,570, and staff 36 recommends they be approved. 37 38 Mayor Marty noted the original estimate was $1.6 million and is now at $1.53 million. The 39 Council is deleting item 21, along with other reductions so the project cost is now $1.48 million. 40 He commended staff for these reductions and read a summary for the final estimate. Public 41 Works Director Lee advised there may be some additional minor change orders. 42 43 Mayor Marty asked about power assist handicap doors. Public Works Director Lee stated staff is 44 researching options to add that feature into the project and will return with the results of that 45 Mounds View City Council May 22, 2006 Regular Meeting Page 19 research. Mayor Marty stated that would be a nice feature and he was not aware that it was not 1 included. 2 3 Mayor Marty questioned the layout of the brick foyer and asked how it got approved. He 4 explained that all the bricks on one side are straight up and down until the foyer and then the 5 bricks are all staggered. He stated with the white grout it stands out as being different. Public 6 Works Director Lee stated he can ask the architect why they went with a different brick pattern. 7 Mayor Marty stated it appears to him to be piecemeal. 8 9 Councilmember Thomas stated the power assist doors are a necessity on a public building. 10 11 Councilmember Gunn asked if the doors are timed to lock at a specific time. Public Works 12 Director Lee answered in the affirmative. Councilmember Gunn advised that tonight the door 13 was locked when she returned. Public Works Director Lee stated the timing will be adjusted for 14 meeting nights. 15 16 Councilmember Stigney suggested staff ask the architect if they specified thicker grout for the 17 entrance area of the building. He also asked why the cable to the podium is not under the carpet. 18 City Administrator Ulrich stated that is how it was designed to work with a portable podium for 19 the public meetings, noting the podium is removed for other types of meetings. Councilmember 20 Stigney suggested a floor outlet would have provided the connection without being something 21 that could be tripped over. He stated it seems to him to be a poor plan. He noted project will 22 increase in cost to $1,493,373 once the window blinds are added. Councilmember Stigney 23 suggested the City ask why the podium microphone cord was not replaced as it was originally 24 instead of creating a safety hazard that someone can trip over. 25 26 Councilmember Stigney asked about the Public Works gate issue. Public Works Director Lee 27 explained that it was overlooked and not included in the original bid so there is not much 28 recourse. He noted the cost to include the gate did not add much more than if it had been 29 originally included. Councilmember Stigney stated the architect made a lot of money on this 30 project and maybe they should absorb the cost for these corrections. 31 32 Councilmember Gunn noted that City staff was overseeing this project. Councilmember Stigney 33 stated it is different because the architect is being paid to assure the project and if they make an 34 oversight then they should cover the cost to correct it. 35 36 City Administrator Ulrich stated staff will look into those issues. He commended staff for 37 staying on top of this project and keeping it in line to assure it meets budget with the original 38 estimate, noting the project is below the budget at this point. 39 40 Mayor Marty referenced one change order relating to the fire system, noting the panel was reused 41 so a credit will be forthcoming. He agreed that staff has done a great job to catch items like this 42 that has resulted in this project staying within the budget. 43 44 MOTION/SECOND: THOMAS/GUNN. To waive the reading and adopt Resolution 6825, A 45 Mounds View City Council May 22, 2006 Regular Meeting Page 20 Resolution Approving Change Orders No. 20 through 26 for the City Hall Rehabilitation Project. 1 2 Ayes – 4 Nays – 1 (Stigney) Motion carried. 3 4 J. Resolution 6829 Resolution in Support of Local Cable and Video Provider 5 Franchising 6 7 City Administrator Ulrich introduced Coralee Wilson, Chief Administrator for the North 8 Suburban Cable Commission (NSCC). 9 10 Ms. Wilson reported there have been numerous attempts to revise the telecommunication laws at 11 the federal level in light of new technologies and business models. She stated all want more 12 competition to the existing cable company to keep prices low and enhance customer service. Ms. 13 Wilson noted that as companies come in, they provide advanced telecommunication services to 14 serve residents and businesses and a good economic tool. Unfortunately, large national 15 companies have decided the rules are not appropriate for them and they don’t want to abide by 16 the rules and come to local governments to get franchises to provide video services because it is 17 too time consuming. However, in the last two years if they had spent as much time and money 18 on complying with the process as to get out of it, they would have most of the franchises at this 19 point. 20 21 Ms. Wilson advised there are now two legislative bills, one of which got to the floor of the House 22 to allow companies to come in with very little ability by the community to manage or control the 23 manner in which they do that. She reported that HR 5252 was introduced in the House in March, 24 has been through both subcommittee and committee votes, and if voted on today, it would pass. 25 Also, Senator Stevens introduced a bill and it will likely go to markup after June 5, 2006. 26 27 Ms. Wilson stated she had handed out a summary on bill S 2686, which is worse than the House 28 bill and creates a national franchise through the FCC. The Senate bill creates a local franchise 29 through a form created by the FCC. In both bills there is 30 days to approve a franchise, which 30 does not provide the City enough time to study whether they have sufficient financial backing. 31 Ms. Wilson noted the current franchise law gives the City enough time to assure the company is 32 capable of managing a cable system. In addition, both bills limit public access to 1% of gross 33 revenue, which will limit them to about $218,000. Their current budget is over $1 million so 34 with a reduction to $218,000 there would be severe cut backs in the ability for CTV to serve the 35 community. She stated she has heard from legislators that the City should give up some of their 36 5% franchise fee to support public access but that is a rental fee to use the public right-of-way. 37 She stated her opinion that the franchise company should compensate the City because they are 38 using public property (rights-of-way). Ms. Wilson explained the PEG fee is a programming fee 39 and should pay for locally produced programming as well. 40 41 Ms. Wilson advised that with these bills, the City would lose control of its public rights-of-way. 42 The bill says the City will retain that control but if the national franchise does not like the City’s 43 rules and regulations, they can appeal to the FCC, not a court, requiring the City to send their 44 attorney to Washington, D.C. or hire an attorney from there. Under the Senate bill, if the City 45 Mounds View City Council May 22, 2006 Regular Meeting Page 21 loses the case and the FCC thinks the City has abused its authority, the FCC can order the City to 1 pay the legal fees of the license holder and costs associated with the appeal. This will inhibit the 2 ability for the City to protect and enforce its rights-of-way. 3 4 Ms. Wilson stated these bills will allow national franchise companies to come into the City and 5 take over the area. They also do not have to serve all of Mounds View and can select the most 6 lucrative areas to provide service. Currently, the cable company is required to serve the entire 7 community within a reasonable amount of time, considering the density threshold. 8 9 Ms. Wilson stated that Representative Ramstad said he is not interested in inserting the 10 requirement to serve the entire community. She explained that under the Senate bill, once a 11 company applies for a national franchise to serve Mounds View, Comcast can get out of its 12 existing franchise and there is nothing to prohibit them from increasing their prices where there is 13 no competition and vice versa. 14 15 Ms. Wilson stated another concern is that due to the short period of time to approve the 16 application at the FCC or local level, the bill allows Qwest and Verizon to get into the business. 17 She noted there can be unscrupulous people making application with no intention of building the 18 system or building it out completely, so it creates an opportunity for speculation using the City’s 19 public rights-of-way as the lure. 20 21 Ms. Wilson advised the Senate bill includes a definition of gross revenues, which will drastically 22 cut back what the City is receiving. However, the gross revenue definition contained in the 23 House bill is not as bad as the Senate bill. 24 25 Ms. Wilson stated the resolution before the Council addresses both pieces of legislation. She 26 encouraged the Council to contact members of the Minnesota Delegation because the only way to 27 slow down the bills or stop them is if all stand and speak together. Ms. Wilson stated the 28 information she provided has been prepared by a local coalition of government associations and 29 based on the Senate bill, which is similar to the House bill. 30 31 Councilmember Stigney asked how the Minnesota Senators stand on this issue. Ms. Wilson 32 stated they have been talking with them but not been able to get a sense in how they will vote. 33 She stated they will be meeting with Senator Coleman in the next few weeks and Senator 34 Ramstad has not yet been brief on this bill. Ms. Wilson stated the League of Minnesota Cities is 35 working on this issue and the City needs to do the same. 36 37 Mayor Marty asked how long she has known about the bills. Ms. Wilson stated the House bill 38 came up in mid-March and the first draft of the House bill was out in September of last year. 39 40 Councilmember Flaherty asked who introduced the bill. Ms. Wilson stated it was Joe Barton, the 41 Senator from Texas who is the Chair of the House Conference Committee. 42 43 Ms. Wilson explained they have been working with staff from the inside to try and get the needed 44 language. In mid-March they saw the House bill and had hoped the Senate bill would be better, 45 Mounds View City Council May 22, 2006 Regular Meeting Page 22 but instead it is worse. She advised the bills are being introduced quickly and an attempt has 1 been made to fast track the bills. 2 3 Councilmember Thomas asked if she is aware of plans for amendments during the markup. Ms. 4 Wilson stated on the Senate side there are a number of amendments. She advised that Senator 5 Stevens said during the initial hearing on May 18 that he realized the bill was a little tough on 6 cities and they would “go back to the drawing board” and have a new bill after Memorial Day. 7 The House bill has been through markup and she is aware of only one amendment to protect 8 funding for public access. Ms. Wilson stated they are waiting for an indication from the Rules 9 Committee if they will permit any amendments from the floor. 10 11 Mayor Marty stated that he favors the resolution and while he favors competition, believes that 12 all have to “play” by the same rules. He stated he is not happy with these bills, noting the City 13 would lose control over its rights-of-way. He stated the City has aired all meetings and work 14 sessions to get information out. Mayor Marty stated CTV is a nonprofit organization and 15 operates with no “bells or whistles” but turns out quality work. 16 17 Ms. Wilson stated she wanted to attend the meeting tonight because she knows people watch 18 Council meetings and it is important for the public to know about these issues. Mayor Marty 19 agreed it is important for people to know what is happening in Washington, D.C. 20 21 MOTION/SECOND: MARTY/FLAHERTY. To waive the reading and adopt Resolution 6829, 22 A Resolution in Support of Local Cable and Video Provider Franchising. 23 24 Ayes – 5 Nays – 0 Motion carried. 25 26 WAIVE THE RULES OF ADJOURNMENT 27 28 MOTION/SECOND: THOMAS/GUNN. To waive the rules and extend the meeting until the 29 agenda is completed. 30 31 Ayes – 5 Nays – 0 Motion carried. 32 33 K. Resolution 6828 Authorizing the purchase of a replacement civil defense 34 siren 35 36 Police Chief Sommer explained one of the City’s three civil defense sirens went out. There was 37 an issue with this siren last year and it was repaired but now it is no longer functioning. The 38 siren is over 20 years old and no longer available. Police Chief Sommer stated this was not 39 included in the budget so the purchase will be from the Special Projects Fund. Because it is 40 important public safety equipment, he advised that he has ordered the siren from RT Electric, Inc. 41 The siren is federal warning system Model 2001, has a battery backup, and can cover a 5,400 42 foot radius. 43 44 Councilmember Stigney asked if grant funds are available. Police Chief Sommers stated he is 45 Mounds View City Council May 22, 2006 Regular Meeting Page 23 not aware of any grants. 1 2 Councilmember Thomas asked when it will be available. Police Chief Sommers stated it should 3 be available in two weeks and will be installed immediately. 4 5 Councilmember Flaherty asked if there are grants to install now but be paid back later. Police 6 Chief Sommers stated he is not aware of grants to cover standard equipment such as this. 7 8 Councilmember Gunn questioned the two estimates, noting the General Signals bid includes the 9 removal of the existing siren, which is not mentioned in the RT Electric bid. She also asked 10 about the radio control feature. Police Chief Sommer explained that RT Electric did remove the 11 siren. He explained the radio control is a separate item that signals the siren. 12 13 MOTION/SECOND: THOMAS/GUNN. To waive the reading and adopt Resolution 6828, A 14 Resolution Authorizing the purchase of a replacement civil defense siren. 15 16 Mayor Marty asked about the other sirens. Police Chief Sommer stated one is the same model 17 and the other was purchased in 1986. He advised the sirens are tested regularly and he receives 18 those reports. He stated the sirens will be included in the CIP so there is a replacement schedule. 19 20 Ayes – 5 Nays – 0 Motion carried. 21 22 7. COUNCIL BUSINESS - continued 23 24 A. 7:05 p.m. Public Hearing for the Second Reading and Adoption of Ordinance 25 772, an Ordinance Amending Chapter 7 of the Mounds View City Charter. 26 (ROLL CALL VOTE) 27 28 It was noted that the public hearing was held earlier in the meeting and this item had been tabled 29 until a full Council was in attendance. 30 31 MOTION/SECOND: THOMAS/FLAHERTY. To waive the reading and adopt Ordinance 772, 32 An Ordinance Amending Chapter 7 of the Mounds View City Charter. 33 34 ROLL CALL VOTE: 35 Councilmember Marty Aye 36 Councilmember Stigney Aye 37 Councilmember Gunn Aye 38 Councilmember Flaherty Aye 39 Councilmember Thomas Aye 40 Mayor Marty Aye 41 42 Ayes – 5 Nays – 0 Motion carried. 43 44 8. CONSENT AGENDA 45 Mounds View City Council May 22, 2006 Regular Meeting Page 24 1 A. Resolution 6815 Amending Resolution 6694 Relating to Plan review Services 2 Associated with the Medtronic Development 3 B. Licenses for Approval 4 C. Set a Public Hearing for 7:05 p.m., Monday, June 12, 2006, to Consider a 5 Conditional Use Permit for an Oversize Garage at 8283 Knollwood Drive. 6 D. Set a Public Hearing for 7:10 p.m., Monday, June 12, 2006, to Consider a 7 Conditional Use Permit for an Oversize Garage at 5308 St. Stephen Street. 8 G. Set a Public Hearing for 7:15 p.m., Monday, June 12, 2006, to Consider 9 Resolution 6830, an Off Sale Intoxicating Liquor License Renewal for ABC 10 Liquor located at 2840 Highway 10. 11 H. Set a Public Hearing for 7:20 p.m., Monday, June 12, 2006, to Consider 12 Resolution 6831, an Off Sale Intoxicating Liquor License Renewal for Big 13 Top Liquor located at 2577 Highway 10. 14 I. Set a Public Hearing for 7:25 p.m., Monday, June 12, 2006, to Consider 15 Resolution 6832, an Off Sale Intoxicating Liquor License Renewal for Vino 16 & Stogies located at 2345 County Road H2. 17 J. Set a Public Hearing for 7:30 p.m. to Consider Resolution 6833, an On Sale 18 Intoxicating Liquor License for Robert’s Sports Bar and Entertainment 19 located at 2400 County Road H2. 20 K. Set a Public Hearing for 7:35 p.m. to Consider Resolution 6834, an On Sale 21 Intoxicating Liquor License for The Mermaid located at 2200 Highway 10. 22 L. Set a Public Hearing for 7:40 p.m. to Consider Resolution 6835, Approving 23 an On-Sale Wine and 3.2 Liquor License for Taiko Sushi located at 2394 24 Highway 10. 25 26 MOTION/SECOND: GUNN/STIGNEY. To Approve the Consent Agenda as presented. 27 28 Ayes – 5 Nays – 0 Motion carried. 29 30 9. JUST AND CORRECT CLAIMS 31 32 Mayor Marty asked about the glass door replacement and whether the person in custody who did 33 the damage will be charged for that cost. City Attorney Alsop answered in the affirmative. 34 35 Mayor Marty asked about the claim from the Mounds View Community Theater. Finance 36 Director Beer explained it was an advertisement of City telephone numbers and names within a 37 program. 38 39 MOTION/SECOND: GUNN/FLAHERTY. To approve the Just and Correct Claims as 40 Presented. 41 42 Ayes – 5 Nays – 0 Motion carried. 43 44 Mounds View City Council May 22, 2006 Regular Meeting Page 25 10. APPROVAL OF MINUTES 1 2 A. May 8, 2006 City Council Meeting Minutes 3 4 MOTION/SECOND: THOMAS/FLAHERTY. To Approve the May 8, 2006 City Council 5 meeting minutes as corrected. 6 7 Ayes – 5 Nays – 0 Motion carried. 8 9 11. REPORTS 10 11 A. Reports of Mayor and Council 12 13 Councilmember Flaherty announced an upcoming presentation on Codes and Ordinances at the 14 Falcon Heights City Hall. 15 16 Councilmember Gunn announced that Mounds View will be getting a minute clinic, which is 17 something the community has needed for some time. 18 19 Councilmember Gunn advised that the Festival in the Park will be held on August 20, 2006, 20 volunteers are still needed, and they are looking for someone to run the car show or a motorcycle 21 show. 22 23 B. Reports of Staff 24 25 City Administrator Ulrich reported on the May 11, 2006, a Walkable Communities workshop 26 was held at the Community Center and attended by less than 20 participants. This workshop was 27 facilitated by national speakers about what features should be incorporated into County Road 10 28 as those plans are prepared. 29 30 City Administrator Ulrich stated tonight is the first meeting in the newly remodeled City Hall and 31 requested feedback from residents about the broadcast. He advised that the Mounds View logo 32 will be installed on the wall behind the Council dais. 33 34 Mayor Marty asked if staff received a copy of the news report from Channel 9. City 35 Administrator Ulrich stated they sell the video tapes through a service and he will follow up on 36 that matter. 37 38 1. Random Park Building Project 39 40 Public Works Director Lee explained that this item addresses the Random Park building project 41 and requirement to add fire protection to the building. He explained that the International 42 Building Code has a classification system for buildings. “Group A” buildings are for assembly 43 type buildings. Community Halls are considered an “A-3” occupancy. “Group U” buildings are 44 for utility and miscellaneous buildings. Examples include barns, carports, sheds, etc. Some park 45 Mounds View City Council May 22, 2006 Regular Meeting Page 26 buildings are classified as “U” buildings, Hillview Park Building is an for example. Hillview is 1 simply a warming house, with no areas for public meetings, gatherings, or cooking. The Golf 2 Course Clubhouse has always been classified as a “Group A” occupancy building. He explained 3 that a fire suppression system (i.e. sprinkler system) was not originally installed because the 4 Code language at the time of construction did not require “Group A” occupancy buildings to 5 have a fire suppression system if the calculated capacity was less than 300 occupants. However, 6 now Code language requires all “Group A” occupancy buildings to have a fire suppression 7 system. When a building is moved, it must comply with the current building code requirements, 8 regardless of when it was originally built. 9 10 Public Works Director Lee advised that the International Building Code does not require a Group 11 A-3 building to have a fire suppression system unless one of the following conditions are present: 12 the building area exceeds 12,000 square feet – it has an occupant load of 300 or more – it is 13 located on a level other than the level of discharge (in this case on other than the ground floor). 14 The State Building Code must be adopted, if a municipality is to adopt the building code. This 15 includes optional chapters including Chapter 1306, which includes the requirement for all Group 16 A occupancies to have fire suppression systems. On June 13, 1983 the City of Mounds View 17 adopted this optional more restrictive State Building Code. This was adopted via Ordinance 343 18 and was referred to as Appendix E of the State Building Code, and again with each successive 19 code adoption cycle. Most recently, on May 27, 2003 the City of Mounds View adopted this 20 optional more restrictive State Amendment. This was done via Ordinance 715 and was referred 21 to as Chapter 1306 of the State Building Code. 22 23 Public Works Director Lee explained that Jay Bros., Inc, the contractor for the Random Park 24 Building Replacement Project, solicited quotes from five companies to add a sprinkler system to 25 the Random Park Building. Two quotes were received and the low quote was from Viking 26 Automated Sprinkler Company. The total cost for the installation of a sprinkler system to the 27 Random Park Building is approximately $43,342, which includes the installation of a 4-inch 28 water service for the system. The second quote, including the 4-inch service, was $51,170. 29 30 Public Works Director Lee noted that as per Chapter 1306 of the State Building Code, a fire 31 suppression system would be required for a community hall, regardless of whether the City 32 constructed a new building or the clubhouse was moved to this site and its classification was 33 changed. At this time staff is seeking a motion from the City Council to authorize proceeding 34 with the installation of a sprinkler system at the Random Park Building. If approved, a change 35 order would be presented on June 12, 2006 for official approval by resolution. 36 37 Councilmember Stigney took exception to staff’s characterization of the Hillview Park building 38 and stated there is no difference between the Hillview Park building and the one just moved. 39 Public Works Director Lee stated he drafted this report and the Building Official added that 40 reference. Councilmember Stigney stated if a fire suppression system is not required at Hillview, 41 he does not understand why it would be required for the Random Park building. He stated he 42 thinks this project is going overboard. 43 44 Mounds View City Council May 22, 2006 Regular Meeting Page 27 Mayor Marty asked whether the City will have to install fire suppression in the Groveland 1 building. Public Works Director Lee stated he has been told that the Groveland building, as 2 proposed, would require fire suppression. 3 4 Community Development Director Ericson stated that when the Hillview warming house was 5 reviewed, and the Building Official indicated that perhaps it should have been approved as 6 something other than a “U” occupancy. He advised that the Code is clear that this building is an 7 “A” occupancy and sprinkling is required, as indicated by the Public Works Director. 8 9 Councilmember Thomas stated she spoke with City Administrator Ulrich about this issue and 10 learned it is something the City has to do but she questioned why the City did not know this 11 would be required. She stated this is a big issue to have missed and she wants to assure 12 something like that is not missed in the future. 13 14 Mayor Marty noted the Council is now being asked to proceed with the installation. 15 16 Councilmember Flaherty stated that it would be disingenuous for the Council to consider 17 changing the ordinance based on this issue. He asked if the cost to monitor the system is built 18 into this cost. Public Works Director Lee stated it is not and he will have to look into that cost. 19 He noted that Viking is currently monitoring the City Hall system. 20 21 Councilmember Stigney stated he doubts there will be 300 occupants in this building and it 22 would be ridiculous to have to install a sprinkling system for occasional meetings. He stated this 23 is no different than Hillview and perhaps the Code has gone too far to require the installation of 24 sprinkling systems in other buildings where it is not needed. 25 26 Mayor Marty stated this is different than Hillview because before it was moved, the Random 27 Park building was used ten times more often for group meetings and activities than other park 28 shelters. Councilmember Stigney stated Hillview is used for the same purposes and also has to 29 be reserved. He stated if it is a Code issue, then the Code should be reviewed. 30 31 Director Ericson stated the Code amendment was recommended for adoption by the Fire Chief 32 for our three City Fire Districts and been in place since 1983. He stated it is not the City Code, it 33 is a State amendment that the City adopted and they may not want to go backwards to not require 34 a sprinkling system in a City building even if occupancy is under the 300 threshold. He stated he 35 thinks the Fire Chief would caution the City against going backwards on that Code because of the 36 usage of this building and it is consistent with the three cities of Mounds View, Spring Lake 37 Park, and Blaine. 38 39 Mayor Marty concurred and stated the Random Park building is a nice structure but it is a stick 40 structure. The Hillview Park building is a cinder block structure. Due to the fact Random Park 41 is used ten times more than any other park building, from a safety aspect, he has no problem with 42 adding the sprinkling system to bring it up to Code. 43 44 Mounds View City Council May 22, 2006 Regular Meeting Page 28 Councilmember Stigney stated the purpose of the sprinkling system is to protect the building and 1 it is a small enough building with four exits points so people can leave the building. 2 3 City Administrator Ulrich stated the Random Park building occupancy is at about 120 people, 4 based on the square footage available for assembly. 5 6 MOTION/SECOND: THOMAS/GUNN. To authorize staff to proceed with the installation of a 7 fire suppression system in the Random Park building and to return with costs to monitor the fire 8 suppression system. 9 10 Ayes – 4 Nays – 1 (Stigney) Motion carried. 11 12 Councilmember Gunn suggested staff be asked to look into the cost to get a gate for the park 13 entrance so it can be closed at 10 p.m. and restrict car access. 14 15 Councilmember Thomas asked who would be responsible for closing and locking the gate. 16 17 Public Works Director Lee suggested this matter be placed on the Park and Recreation 18 Commission agenda for discussion and recommendation. 19 20 Mayor Marty asked about the possibility of wooden entry signs. Public Works Director Lee 21 stated staff has not done additional research on that matter but if the Council so directs, it can be 22 looked into. He advised that Clear Channel has contacted the City about coordinating with their 23 billboard sign and staff can look into that option as well. 24 25 Councilmember Thomas pointed out that wood was not specified and she would like staff to 26 research all options and costs. 27 28 C. Reports of City Attorney 29 30 City Attorney Alsop stated he was asked to address the issue of former Police Chief Tim 31 Ramacher’s request for the City to recharacterize the payments he has received for health 32 benefits. He referenced his memorandum and stated that based on the documents, video tape, 33 and witnesses he has concluded Mr. Ramacher did not have an option. He stated the key issue is 34 whether Mr. Ramacher had an option of a lump sum payment in 1989. Based on the evidence, he 35 came to the conclusion that Mr. Ramacher did not. City Attorney Alsop stated they have talked 36 to the people involved in the process who indicated Mr. Ramacher had no option for a payout. 37 He requested Council authorization to meet with Mr. Ramacher and staff to determine how to 38 correct this issue. 39 40 Councilmember Stigney stated he had no knowledge of options offered and the video he viewed 41 shed nothing on this issue. He pointed out it would be administrative staff, not the former Mayor 42 who had no authority to deal with it. Councilmember Stigney asked whether he talked to the 43 former City Administrator and Assistant City Administrator. He stated the Council did not direct 44 Mounds View City Council May 22, 2006 Regular Meeting Page 29 former City Administrator Chuck Whiting to do anything and asked what they told Chief 1 Ramacher. 2 3 City Attorney Alsop stated from what he was told, the former Mayor was more directly involved. 4 Councilmember Stigney stated the former Mayor had no authority to be involved. 5 6 City Attorney Alsop explained that based on what the former City Administrator said and the 7 public record; there is no indication that Mr. Ramacher was offered a lump sum or premium 8 payout. 9 10 Councilmember Stigney asked whether he got a statement from the former City Administrator 11 that he did not make that offer. City Attorney Alsop stated he cannot prove something that did 12 not happen. 13 14 Councilmember Stigney stated he wants to receive that statement from former City Administrator 15 Whiting and the Assistant City Administrator. City Attorney Alsop stated the Assistant City 16 Administrator said she has no recollection. 17 18 Mayor Marty stated the Council said Mr. Ramacher had no option. Councilmember Stigney 19 asked where is the video tape or the meeting minutes that state that. 20 21 City Attorney Alsop stated he talked to all Councilmembers and all said they have no 22 recollection. He stated it is clear that an option was not offered to former Police Chief Ramacher 23 and the resolution itself indicated what he was going to get. 24 25 Councilmember Stigney asked again for a statement from former City Administrator Chuck 26 Whiting saying he offered no option to Chief Ramacher. He noted this would protect the City. 27 28 Councilmember Thomas recommended that the City Attorney’s office be authorized to proceed 29 to fix this issue. 30 31 MOTION/SECOND: THOMAS/GUNN. To direct the City staff to work with the City Attorney 32 to resolve the tax issue. 33 34 AMENDMENT MOTION: STIGNEY/ To direct the City Attorney to obtain a written statement 35 from former City Administrator Chuck Whiting that he did not offer former Police Chief 36 Ramacher any option. 37 38 Amendment motion died for lack of a second. 39 40 Councilmember Stigney restated his support to protect the City by obtaining a written statement 41 from former City Administrator Chuck Whiting. 42 43 Mounds View City Council May 22, 2006 Regular Meeting Page 30 Finance Director Beer explained the IRS could find there is some liability including fines and/or 1 payment of the tax if it is found that the City incorrectly reported the income. City Administrator 2 Ulrich stated those issues will be worked out by the City Attorney. 3 4 Ayes – 4 Nays – 1 (Stigney) Motion carried. 5 6 12. Next Council Work Session: Monday, June 5, 2006, at 7 p.m. 7 Next Council Meeting: Monday, June 12, 2006, at 7 p.m. 8 9 13. ADJOURNMENT 10 11 The meeting was adjourned at 10:48 p.m. 12 13 Transcribed by: 14 Carla Wirth 15 TimeSaver Off Site Secretarial, Inc. 16