HomeMy WebLinkAboutAgenda Packets - 2006/06/26
CITY OF MOUNDS VIEW
CITY COUNCIL MEETING AGENDA
MOUNDS VIEW CITY HALL
Monday, June 26, 2006
7:00 p.m.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL: Marty, Stigney, Gunn, Flaherty, Thomas
4. APPROVAL OF AGENDA
5. PUBLIC INPUT:
Citizens may speak to issues not on tonight’s agenda. Before speaking, please give your
full name and address for the minutes. Also, please limit your comments to three minutes.
6. SPECIAL ORDER OF BUSINESS
7. COUNCIL BUSINESS
A. 7:05 pm Public Hearing, Second Reading and Adoption of Ordinance 773, an Ordinance
Amending the Zoning Code Relating to Landscaping, Fences and Retaining Walls (ROLL CALL
VOTE)
B. 7:10 pm Public Hearing 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
C. 7:15 pm Public Hearing Resolution 6857, Consider a Conditional Use Permit and Development
Review for Midwest Motor Express located at 2169 Mustang Drive.
D. Continued Public Hearing from June 12, 2006, to consider Resolution 6830 an Off Sale
intoxicating Liquor License Renewal for ABC Liquor located at 2840 Highway 10.
E. Continued Public Hearing from June 12, 2006, to consider Resolution 6833 an On Sale
Intoxicating Liquor License Renewal for Robert’s Sports Bar and Entertainment located at 2400
County Road H2.
F. Resolution 6852 Approving Rotary Club Membership.
G. Resolution 6860 Approving Change Orders No. 27 through 34 for the City Hall Rehabilitation
Project.
H. Resolution 6866 Including Various Items in the Feasibility Report for the Street and Utility
Improvement Program / Public Informational Meeting Update
I. Resolution 6853 Authorizing the Contract for Architectural Services for the Preparation of Plans
and Specifications for the Mounds View Community Center
J. First Reading and Introduction of Ordinance 775, an Ordinance Vacating an Excess Highway
Easement Associated with the Hidden Hollow South Residential Subdivision
K. Resolution 6863 Approving the Communications Coordinator to attend the NATOA Conference in
Florida.
L. Resolution 6894 Approving Compensation Amounts for Easement Acquisition and Authorization
to Execute Easements for the Silver Lake Road Sidewalk Improvement Project
M. Resolution 6895 Approving a Tobacco-Free Park Policy
N. Resolution 6867 Approving the Hire of Ben Knitter as Police Officer
8. CONSENT AGENDA
A. Resolution 6854, Approving the 2006-2007 Mounds View Business Licenses
B. Licenses for Approval
C. Set a Public Hearing for Monday, July 10, 2006 at 7:05 pm to consider an Interim Use
Permit (IUP) for a Billboard at 2200 County Road 10
June 26, 2006
City Council Agenda
Page 2
8. CONSENT AGENDA (Continued)
D. Set a Public Hearing for Monday, July 10, 2006 at 7:10 pm to consider an Interim Use
Permit (IUP) for a Billboard at 5201 Program Avenue
E. Resolution 6855 Approving Contract for Legal Services with Kennedy and Graven
F. Resolution 6856 a Resolution Authorizing the Distribution of Service Appreciation
Certificates to Employees having Achieved a Five Year Employment Milestone as of 2006.
G. Resolution 6861 Approving a Charitable Gambling One-Day Permit for the Mounds View
Community Theatre for the August 20, 2006 Mounds View Festival in the Park.
H. Set a Public Hearing for Monday, July 10, 2006 at 7:15 pm to Consider the Second Reading
and Adoption of an Ordinance to Vacate an Excess Highway Easement Associated with the
Hidden Hollow South Major Subdivision.
I. Set a Public Hearing for Monday, July 10, 2006 at 7:20 pm to Consider an Outdoor Liquor
Consumption Endorsement for Moe’s located at 2400 Highway 10 in Mounds View.
J. Set a Public Hearing for Monday, July 10, 2006 at 7:25 pm to Consider an Appeal of a
Variance Denial for 2,468 Square Feet of Accessory Storage Space at 8135 Long Lake Rd.
K. Set a Public Hearing for Monday, July 10, 2006 at 7:30 pm to Consider a PUD Amendment
Request from LandCor Regarding the Property Located at 2442 County Road 10.
9. JUST AND CORRECT CLAIMS
10. APPROVAL OF MINUTES
A. City Council Minutes, June 12, 2006.
11. REPORTS
A. Reports of Mayor and Council
B. Reports of Staff
1. Random Park Building Replacement Project Update
C. Reports of City Attorney
12. Next Council Work Session: Monday, July 17, 2006 at 7pm
Next Council Meeting: Monday, July 10, 2006 at 7pm
Item No: 7A
Meeting Date: June 26, 2006
Type of Business: PH & CB
Administrator Review: ______
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: James Ericson, Community Development Director
Item Title/Subject: Public Hearing, Second Reading and Adoption 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.
The City Council considered the first reading of the ordinance on June 12, 2006. One
resident asked specific questions about the ordinance and then later suggested a change
that would explicitly state that retaining walls and fences have no setback as long as they
were not sited directly over a property line. This suggestion has been incorporated into the
ordinance and represents the only change from the first reading, which was approved on
June 12.
Ord 773 Report
June 26, 2006
Page 2
Recommendation:
Staff and the Mounds View Planning Commission recommend the City Council approve the
second reading and adoption of Ordinance 773, an ordinance amending Chapters 1102 and
1103 of the Mounds View Zoning Code relating to Fences, Retaining Walls and
Landscaping, and approve the publication of the ordinance “summary” as permitted by the
Mounds View Charter.
_____________________________________
James Ericson
Community Development Director
ORDINANCE SUMMARY
ORDINANCE NO. 773
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE AMENDING THE MUNICIPAL CODE OF MOUNDS VIEW
BY AMENDING CHAPTERS 1102 and 1103 RELATING TO FENCES,
RETAINING WALLS AND LANDSCAPING
On June 26, 2006, the Mounds View City Council adopted an ordinance which amends
Chapters 1102 and 1103 of the Zoning Code relating to fences, landscaping and retaining
walls. The amendment adds definitions to the Zoning Code pertaining to landscaping and
retaining walls, clarifies the locations which retaining walls and fences can be sited on a
property and adds a section that prohibits certain types of fencing materials such as barbed
wire, razor wire, electric fences or other fences that could pose a public safety hazard.
The full and complete text of this ordinance along with a supplemental map is on file at the
office of the Clerk Administrator and is posted in its entirety on the City’s website, located at
www.ci.mounds-view.mn.us/ords/773.pdf.
Kurt Ulrich, City Clerk-Administrator
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. RETAINING 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 but shall not otherwise
be subject to a setback requirement.
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.
Ordinance 773
Page 3
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.
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. 07D
Type of Business: PH & CB
Meeting Date: June 26, 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: Continued Public Hearing to Consider Resolution 6830,
a Resolution Approving An Intoxicating Liquor Business
License (Off-Sale) for ABC Liquor located at 2840
Highway 10
At the June 12, 2006, City Council Meeting, a Public Hearing to consider Resolution
6830, a Resolution approving an Off-Sale Intoxicating Liquor License for ABC Liquor
was opened and closed for public comment. Mr. Xiong, the owner of ABC Liquor was
the only person that spoke to the City Council in regard to this renewal.
At the June 12, 2006, City Council Meeting, the City Council was made aware of a
Police Report, which indicated a violation with regard to selling alcohol to minors. This
is the establishment’s first violation on record. Mr. Xiong spoke to the City Council at
the June 12th meeting about the events on the Police Report. It was the City Council’s
recommendation to table this Off-Sale Intoxicating License renewal until the City
Attorney was available to able answer questions from the City Council. Attached is the
Police Report, along with the Memorandum from Bob Vose of Kennedy and Graven for
your information. The Mounds View City Attorney will be present at this Council
Meeting to answer any questions you may have.
Recommendation
Staff recommends that the City Council ask the necessary questions about this police
report to the City Attorney. Mr. Xiong, the owner of ABC Liquor will be present at this
City Council meeting to answer any additional questions. 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 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 26th day of June, 2006.
________________________________
Rob Marty, Mayor
ATTEST:
________________________________
Kurt Ulrich, City Administrator
(seal)
Item No. 07E
Type of Business: PH & CB
Meeting Date: June 26, 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: Continued Public Hearing to Consider Resolution 6833,
a Resolution Approving An Intoxicating Liquor Business
License (On-Sale) for Robert’s Sports Bar and
Entertainment located at 2400 County Road H2
At the June 12, 2006, City Council Meeting, a Public Hearing to consider Resolution
6833, a Resolution approving an On-Sale Intoxicating Liquor License for Robert’s
Sports Bar and Entertainment was opened and closed for public comment. A number of
residents were present to discuss to the Council potential noise violations at this
establishment. Attached are the minutes from June 12, 2006, outlining these noise
concerns from residents.
The owner of Robert’s Sports Bar and Entertainment, Greg Waste, along with his
attorney, will be present at this meeting to discuss these noise issues and answer any
questions you may have. Attached are police call reports from Robert’s Sports Bar and
Entertainment for your reference. The time period of these reports are from January 1,
2005 to June 13, 2006.
Recommendation
Staff recommends that the City Council ask the necessary questions about these noise
complaints expressed by the residents at the June 12, 2006 City Council Meeting. 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 receipt of the Certificate of Liability Insurance. The time period
for this license will be July 1, 2006 to June 30, 2007.
Respectfully Submitted,
Desaree Crane
RESOLUTION 6833
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, 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 a fire inspection from the Mounds View Fire Marshal, the establishment
satisfies all requirements; 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 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 Robert’s Sports Bar and Entertainment for
the time period of July 1, 2006 to June 30, 2007, pending a satisfactory fire inspection from the
Mounds View Fire Marshal and receipt of their Certificate of Liability Insurance.
Adopted this 26th day of June, 2006.
________________________________
Rob Marty, Mayor
ATTEST:
________________________________
Kurt Ulrich, City Administrator
(seal)
Item No: 7F
Meeting Date: 06/26/06
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 6852 Approving Rotary Club Membership
Background:
This item was discussed at the City Council work session of July 5th. The consensus of
the Council at that time was to invite the President of the New Brighton/Mounds View
Rotary Club, Mr. George Winieki, to a Council meeting to introduce him, answer
questions, and to explain the benefits of Rotary membership.
Discussion:
It is requested that consideration be given to sponsoring the City Administrator’s
membership in the New Brighton/Mounds View Rotary Club. The New Brighton/Mounds
View Rotary Club is part of the international organization of community leaders within the
Twin Cities area. Rotary Club members “lead and participate in strategic humanitarian
and community projects; encourage high ethical standards in all vocations; and help build
goodwill and peace in the community.”
Attached is more information about Rotary and the benefits of club membership.
Membership would provide an important connection for the City, including additional
access to the business community, volunteers, and other resources.
The cost of membership would be $434 for the balance of 2006. The funds would come
from existing allocations within the Administration budget. In the 2007 budget, $868
would be proposed specifically for the Rotary Club membership.
The membership in Rotary will entail a weekly luncheon, and other volunteer time for
activities that would be required throughout the year.
Recommendation:
It is recommended that the City Council adopt Resolution 6852 Approving a Rotary Club
Membership and authorizing reallocation of related funding in the 2006 budget.
RESOLUTION NO. 6852
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
APPROVING ROTARY CLUB MEMBERSHIP
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 New Brighton/Mounds View Rotary Club is part of the international
organization of community leaders within the Twin Cities area and Rotary Club members
“lead and participate in strategic humanitarian and community projects; encourage high
ethical standards in all vocations; and help build goodwill and peace in the community”;
and
WHEREAS, membership in the New Brighton/Mounds View Rotary Club would provide
an important connection for the City, including additional access to the business
community, volunteers, and other resources, positively affecting communications and the
delivery of services to the community; and
WHEREAS, the cost of membership would be $434 for the balance of 2006, that would
be reallocated out of the current administrative budget.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View,
Ramsey County, Minnesota that the City Administrator is hereby authorized to join the
New Brighton/Mounds View Rotary Club as a representative of the City and to reallocate
funds within the 2006 administrative budget for said purpose.
Adopted this 26th day of June 2006.
(ATTEST) ____________________________________
Rob Marty, Mayor
(SEAL)
____________________________________
Kurt Ulrich, City Administrator
Item No. 7I
Meeting Date: June 26, 2006
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 6853 Authorizing the Contract for
Architectural Services for the Preparation of Plans
and Specifications for the Mounds View
Community Center
Background:
On June 5, 2006, the City Council, at a Work Session, reviewed the proposed
improvements to the Mounds View Community Center, which included design
concept and development level plans.
The Mounds View Community Center Task Force presented its initial report to
the City Council on March 6, 2006. Based on that report, the City Council acted
to hire DSGW Architects, Inc. to conduct a study of the task force
recommendations.
The architect from DSGW, Randy Wagner, worked with the Mounds View
Community Center Task Force, the YMCA, and City staff to refine the concepts,
make additional recommendations, and to develop a cost estimate for the
proposed improvements, estimated at $600,000 plus furniture and equipment.
The next step in the process is to consider the preparation of plans and
specifications in order to refine the cost estimates and to develop documents for
construction bidding. Under this schedule, the City would order and review plans
and specifications for the proposed project prior to holding a public hearing to
order the project.
Discussion:
Authorize Detailed Plans and Specifications – The next step in the architectural
process is to order the preparation of plans and specifications.
On June 8, 2006, the architectural firm of DSGW submitted a letter of agreement
to proceed with the Mounds View Community Center Project by developing
detailed plans and specifications for the bidding document phase of this project.
This document is attached for the City Council’s review. DSGW has offered to
continue to this phase for a fee of 6% of construction costs. The estimated cost
of construction for the work at the completion of Phase I is $600,000. Therefore,
their fee would amount to $36,000 of which $9,000 is for supervision during the
construction. To take the project through bidding only, their fee is $27,000,
including fees of architectural, interior design, mechanical and electrical
engineering professionals.
Funding for this project was discussed at the June 5th work session. A
combination of funding sources could be utilized among the following:
- Special Projects Fund (current balance $2,317,405)
- Park Dedication Fund (current balance $1,203,023)
- Internal loans with general tax levy
- Internal loans repaid with increased room rentals and memberships fees
- Capital bonds
It is recommended that the initial expenditure for the preparation of plans and
specs be borrowed from the Special Projects Fund.
Should this project proceed, the next City Council actions will be to approve the
final plans and specifications and authorize for the advertisement of bids. After
bids are received, this project will again be presented to the City Council for
approval of an award of contract. The Council may then order the project after a
public hearing has been held.
Market Feasibility – Ultimately, the preferred source of funding for the proposed
improvements is to repay internal loans from increased revenue generated by the
facility through rentals and fees. The feasibility of generating this revenue is a
key question. The attached projections of revenues and expenditures prepared
by City Finance Director Mark Beer indicate that the City would need to sell
approximately 400 memberships of each type (i.e., single, senior, and family) to
reach a break-even point. Conversely, if no memberships were sold, the City
would run a deficit of $190,538. With no changes, the Community Center is
expected to run a $47,002 deficit in 2006, based on current revenue. Both these
numbers already include the budgeted General Fund transfer of $142,000.
It is strongly recommended that the City contract for the preparation of a market
feasibility study prior to proceeding with the project. This will help determine the
level of revenue the City can expect from increased memberships and the
business risk associated with the project. Staff has requested proposals for a
market feasibility study and a cost estimate will be available on Monday. If the
City chooses to conduct such a study, the preparation of plans and specifications
could be delayed until the results are analyzed. Plans and specs may be
prepared concurrently with a market study in order to expedite the process.
However, one reason for waiting is that the City may decide to revise or modify
the project based on the market feasibility study results.
Recommendation:
It is recommended the City Council contract for the preparation of a market
feasibility study prior to proceeding with plans and specifications. If this is not
desired, Resolution 6853 Authorizing the Contract for Architectural Services for
the Preparation of Plans and Specifications for the Mounds View Community
Center is attached for consideration.
RESOLUTION NO. 6853
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AUTHORIZING THE CONTRACT FOR ARCHITECTURAL SERVICES FOR
THE PREPARATION OF PLANS AND SPECIFICATIONS FOR THE MOUNDS
VIEW COMMUNITY CENTER
WHEREAS, on June 5, 2006, the City Council, at a Work Session,
reviewed the status of the City Hall Rehabilitation Project, which included design
and development level plans; and
WHEREAS, on June 8, 2006, the architectural firm of DSGW submitted a
letter of agreement to proceed with the Mounds View Community Center Project
by developing detailed plans and specifications for the bidding document phase
of this project; and
WHEREAS, the estimated cost of construction for the work at the
completion of Phase I is $600,000; and
WHEREAS, the estimated DSGW fee would amount to $36,000 of which
$9,000 is for supervision during the construction and to take the project through
bidding only, the fee is $27,000, including fees of architectural, interior design,
mechanical and electrical engineering professionals; and
WHEREAS, the Special Projects Fund has sufficient funding to cover the
cost of the proposed plans and specifications.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Mounds View, Ramsey County, Minnesota as follows:
1. The execution of a contract for architectural services with DSGW in
an estimated amount not to exceed $27,000 for the development of
detailed plans and specifications for the bidding document phase of
the City Hall Rehabilitation Project is hereby approved.
2. The Mayor and City Administrator are hereby authorized to execute
a contract for architectural services, subject to the review of the City
Attorney.
3. The estimated cost not to exceed $27,000 for development of
detailed plans and specifications for the bidding document phase of
the City Hall Rehabilitation Project is to be derived from the Special
Project Account (Account No. 280-4180-7050).
Adopted this 26th day of June 2006.
(ATTEST) ____________________________________
Rob Marty, Mayor
(SEAL)
____________________________________
Kurt Ulrich, City Administrator
June 8, 2006
Kurt Ulrich
City Administrator
City of Mounds View, Minnesota
2401 Highway 10
Mounds View, MN 55112
Re: Architectural professional services
Dear Mr. Ulrich,
Thank you for your confidence in DSGW Architects to proceed into the
next phase of development of the Mounds View Community Center Remodel.
The City Council has directed that plans and specifications be drafted for the
purposes of bidding the project by general contractors.
As per our original proposal, we offered to continue to this phase for a fee
of 6% of construction costs. The estimated cost of construction for the work at
the completion of Phase I is $600,000. Our fee would amount to $36,000 of
which $9,000 is for supervision during the construction. Therefore to take the
project through bidding only, our fee is $27,000.
The professional disciplines this includes are architectural, interior design,
mechanical and electrical engineering. See attached AIA Contract agreement
for complete description of the professional scope of work.
Thanks again for your consideration.
Sincerely;
Randy Wagner AIA
DSGW Architects
Attch: AIA Standard Form agreement between Architect and Owner
Item No: 7K
Meeting Date: 06/26/06
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 6863 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, and
considered at the June 12th (as Resolution 6841), but was not adopted because it failed
to achieve the three affirmative votes required by the City Charter.
It is being 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.
The Resolution has been revised to reflect a limit of $1,000 of City Funding to be used for
this purpose.
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 6863,
authorizing the attendance of Communications Coordinator Blackford to attend the
NATOA conference, provided that, direct City expenditures do not to exceed the $1000
designated in the 2006 budget for said purpose.
.
RESOLUTION NO. 6863
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, provided that, direct City expenditures do not to exceed the $1000
designated in the 2006 budget for said purpose.
Adopted this 26th day of June 2006.
(ATTEST) ____________________________________
Rob Marty, Mayor
(SEAL)
____________________________________
Kurt Ulrich, City Administrator
Item No: 7N
Meeting Date: June 26, 2006
Type of Business: CB
Administrator Review: _____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Chief of Police, Mike Sommer
Item Title/Subject: Resolution 6867 Approval to Hire Ben
Knitter as Police Officer
Date of Report: 6-26-06
Background:
The City Council has approved the hiring of a Police Officer for a current vacancy in the
Police Department. The Police Civil Service has certified an active eligibility list for the
position based on previously conducted testing components, which included written
testing, and interviews. The top three candidates on the list are as follows:
1. Ben Knitter (Total score =76)
2. Nicholas Erickson (Total score= 73.6)
3. Eric Kammerer (Total score=68.9))
The #1 candidate, Ben Knitter, has successfully completed all of the required testing
procedures, which included a background examination, physical examination,
psychological examination and physical agility testing.
Staff have personally met and interviewed Mr. Knitter and recommends he be hired to the
position.
Recommendation:
Staff seeks council approval to proceed with appointing Ben Knitter to the Position of
Police Officer at the step one rate of pay for the position in accordance with the Law
Enforcement Labor Services Contract, which governs the compensation for this position.
This hire is to be effective on June 27th, 2006
Respectfully submitted,
Mike Sommer
Chief of Police
RESOLUTION NO. 6867
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
APPOINTING BEN KNITTER TO THE
POSITION OF POLICE OFFICER
WHEREAS, the City Council has approved the hiring of a Police Officer for a
current vacancy in the Police Department, and the Police Civil Service Commission has
approved the procedures for establishing an eligibility register to fill this vacancy, and;
WHEREAS, the approved hiring procedures consist of a competitive written
examination, resume scoring, oral interviews, background investigations, physical
examination, psychological examination, and physical agility testing, and;
WHEREAS, the Civil Service Commission has certified the eligibility list for the
opening, and Ben Knitter is the top candidate standing on the eligibility register, and his
background investigation, physical, psychological, and physical agility testing have all
been successfully completed, and;
WHEREAS, staff of the Police Department have met with Mr. Knitter, and the
Chief of Police recommends he be appointed to the position of Police Officer.
NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council
does hereby appoint Ben Knitter to the position of Police Officer effective June 27, 2006
at the step one rate of pay as stipulated in the Law Enforcement Labor Services
contract for the position.
Adopted this 26thth day of June 2006.
______________________________
Rob Marty, Mayor
ATTEST:
_______________________________
Kurt Ulrich
City Clerk/Administrator
(SEAL)
Item No.: 08A
Meeting Date: June 26, 2006
Type of Business: CA
City Administrator Review: _____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Desaree Crane, Assistant to the City Administrator
Item Title/Subject: Resolution 6854 Approving 2006 Business Licenses
All City of Mounds View business licenses will expire June 30, 2006. Staff is
recommending that the Council approve business licenses for the businesses
listed in Resolution 6854 contingent upon the City’s receipt of the appropriate
fees, applications, proof of insurance and satisfactory reports from the
appropriate departments and organizations.
Respectfully Submitted,
Desaree M. Crane
RESOLUTION 6854
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
A Resolution Approving Business Licenses for 2006-2007
WHEREAS, all City of Mounds View Business Licenses expire June 30,
2006; and
WHEREAS, all City of Mounds View business licenses must be approved
by the City Council; and
WHEREAS, staff recommends approval of the business licenses for the
businesses listed in Exhibit A.
NOW, THEREFORE, BE IT RESOLVED that the Mounds View City
Council does hereby approve business licenses for the businesses listed in
Exhibit A contingent upon the City’s receipt of the appropriate fees, application
materials, proof of insurance and satisfactory reports from the Ramsey County
Health Department and the Fire Marshal.
Adopted this 26th day of June, 2006
Rob Marty, Mayor
ATTEST:
Kurt Ulrich, City Administrator
(seal)
EXHIBIT A
Local Company License Local Address
ABC Liquor Cigarette and Tobacco License 2840 Highway 10
Ace Solid Waste, Inc Garbage and Rubbish Hauler
License Anoka, MN
The Mermaid Amusement Devices and Centers
License 2200 Highway 10
Robert's Sports Bar and
Entertainment Amusement Devices and Centers
License 2400 County Road H2
Big Top Discount Liquors Cigarette and Tobacco License 2577 Highway 10
Aspen Waste Systems, Inc. Garbage and Rubbish Hauler
License Minneapolis, MN
BFI Waste Systems of North
America Garbage and Rubbish Hauler
License Inver Grove Hts, MN
Taco Bell #4039 Restaurant License 2219 Highway 10
Long John Silvers Restaurant License 2219 Highway 10
CVS Pharmacy #5999 Cigarette and Tobacco License 2800 County Road 10
Dominos Pizza Restaurant License 2548 Highway 10
Donut Connection Restaurant License 2394 Highway 10
Fedor's Market Cigarette and Tobacco License 5491 Adams St. North
Holiday Gasoline License 2732 Highway 10
Holiday Cigarette and Tobacco License 2732 Highway 10
Keith Krupenny & Son Garbage and Rubbish Hauler
License West St. Paul, MN
KFC #Y067042 Restaurant License 2213 Highway 10
Moe’s Amusement Devices and Centers
License
2400 Highway 10
Mounds View Best Steak House Restaurant License 2555 Highway 10
Burger King #4116 Restaurant License 2651 County Road I
Mounds View BP, Inc. Cigarette and Tobacco License 2155 Highway 10
Mounds View BP, Inc. Gasoline License 2155 Highway 10
Onyx Waste Services Midwest,
Inc. Garbage and Rubbish Hauler
License 1375 7th Avenue
McDonald's Restaurant License 2201 Highway 10
Pink Flower Vietnamese
Restaurant Restaurant License 2563 Highway 10
R.J. Riches Restaurant Restaurant License 2145 Highway Avenue
Randy's Sanitaton Garbage and Rubbish Hauler
License Delano, MN
Ray Anderson & Sons Co. Inc. Garbage and Rubbish Hauler
License St. Paul, MN
Robert's Sports Bar and
Entertainment Cigarette and Tobacco License 2400 County Road H2
Robert's Sports Bar and
Entertainment Restaurant License 2400 County Road H2
Saturn of St.Paul Automobile Sales License 2375 Highway 10
Seehafer, Wayne Residential Kennel License 8009 Red Oak Drive
Sham-O-Jets Kennels Commercial Dog Kennel 7700 Long Lake Road
Stolz, Elizabeth (Dr.) Residential Kennel License 8320 Pleasant View
Dr.
Local Company License Local Address
Snyder's Drug #5044 Cigarette and Tobacco License 2553 Highway 10
SuperAmerica #4264 Cigarette and Tobacco License 2640 County Road I
SuperAmerica #4264 Gasoline License 2640 County Road I
SuperAmerica #4264 3.2 Malt Liquor License (Off-Sale) 2640 County Road I
Subway Restaurant License 2546 Highway 10
The Mermaid Restaurant License 2200 Highway 10
The Mermaid Bowling License 2200 Highway 10
The Mermaid Cigarette and Tobacco License 2200 Highway 10
The Station Gasoline License 2280 West County
Road I
The Station Cigarette and Tobacco License 2280 West County
Road I
Wynnsong 15 Amusement Devices and Centers
License 2430 Highway 10
Twin City Refuse Garbage and Rubbish Hauler
License St. Paul, MN
VASKO Solid Waste Garbage and Rubbish Hauler
License 309 Como Avenue
Veit Corporation Garbage and Rubbish Hauler
License Rogers, MN
View Market Cigarette and Tobacco License 2408 County Rd I
Vino & Stogies Cigarette and Tobacco License 2345 County Road H2
Walgreens #06447 Cigarette and Tobacco License 2387 Highway 10
Walter's Recyling and Refuse Garbage and Rubbish Hauler
License Circle Pines, MN
Waste Management of
Minnesota Garbage and Rubbish Hauler
License Blaine, MN
Item No: 08B
Meeting Date June 26, 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.
Ettel & Franz Roofing Company General (Commercial) New
More’s Burner Service, Inc. HVAC Renewal
Staff Recommendation: Approve license applications as requested.
Respectfully submitted,
Barb Benesch
Item No: 8E
Meeting Date: June 26, 2006
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 6855 Approving Contract for Legal
Services with Kennedy & Graven
Introduction:
At the work session on May 1, 2006, the Council discussed the pending expiration of the
legal contract with Kennedy and Graven that is due to expire on July 14, 2006. The
consensus of the Council was to authorize an extension of the Attorney’s contract. A draft
contract was reviewed at the work session on June 5th, and one change was made to
designate only Mr. Riggs and Mr. Vose as City Attorneys (Mr. Alsop’s name was removed).
Previous modifications to the contract in 2003 included language regarding training and
regular communications, response time, and a requirement that the City Attorney be present
only at one meeting per month. At that time, the reduction in the monthly retainer was $500
to have the attorney attend only one of the Council’s regular meetings. These modifications
have been in place for the previous three years (i.e., two-year contract, plus one year
extension) and have generally worked well and to the City’s expectations, and remain in the
proposed contract. The Attorney has only been attending one meeting per month unless,
due to issues that are on the agenda, the Council or City Administrator, requests his
attendance.
Discussion:
The attached retainer agreement is essentially the same as the one the City currently has in
place. All retainer rates and most fees for services to the City remain the same. Only the
external billing rates (i.e., reimbursable rates charged to a third party such as a developer)
and TIF project rates as in Section 2.04b. have been increased from $170 to $180 per hour.
Additionally, a charge for color copies was added and the mileage rate was adjusted. No
other modifications are proposed.
The term of the contract is proposed for three years. The previous contract was for two
years with a one-year extension. Staff supports a longer term due to the fact that it locks in
current rates and minimizes administration. Importantly, it is also provided that the
Agreement may be terminated by the City at any time or by the City Attorney upon 30 days
written notice, if the City determines it desires to change legal services for whatever reason.
Recommendation:
It is recommended that the City Council adopt the attached Resolution 6855 Approving
Contract for Legal Services with Kennedy & Graven.
RESOLUTION 6855
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION AUTHORIZING THE EXECUTION OF A LEGAL SERVICES
AGREEMENT WITH KENNEDY & GRAVEN TO PROVIDE CITY ATTORNEY
SERVICES TO THE CITY OF MOUNDS VIEW
WHEREAS, on July 28, 2003, after soliciting requests for proposals for legal
services, the City Council of the City of Mounds View adopted Resolution 6059 which
authorized staff to approve the retainer agreement from Kennedy & Graven (Exhibit A) to
provide civil legal services for a two year period beginning July 14, 2003; and
WHEREAS, the City Council subsequently determined with passage of Resolution
6573 that it would be in the City’s best interest to extend the term of that contract by one
year until July 14, 2006; and
WHEREAS, the City Council has given due consideration of the performance of the
firm in regard to its current contract with the City, and has determined that a continuation of
the contract would be beneficial to the City.
NOW, THEREFORE BE IT RESOLVED, THAT the Mounds View City Council does
hereby approve an agreement with the law firm of Kennedy & Graven (Exhibit A) to provide
civil legal services for a three-year period beginning June 26, 2006.
Adopted this 26th day of June, 2006.
________________________________
Rob Marty, Mayor
ATTEST:
________________________________
Kurt Ulrich, City Administrator
(seal)
EXHIBIT A
AGREEMENT FOR LEGAL SERVICES
This Agreement, entered into between the CITY OF MOUNDS VIEW, a Minnesota municipal
corporation (City) and the law firm of KENNEDY & GRAVEN, CHARTERED (City Attorney) as of this
26th day of June, 2006, provides as follows:
SECTION 1. Backqround: Findings.
1.01. Authority. The appointment and removal of the City Attorney are made by the City
Council.
1.02. Council Determination. At a duly called regular meeting of the City Council held on June
26, 2006, the City Council determined that the firm of Kennedy & Graven, Chartered be engaged as City
Attorney, with Scott J. Riggs and Robert J. V. Vose of that firm serving as primary legal counsel for the City
and instructed the City Clerk-Administrator to prepare an agreement between the firm and the City
setting forth the terms and conditions of the engagement.
SECTION 2. Terms and Conditions.
2.01. Consideration. In consideration of the mutual promises and conditions contained in
this Agreement the City and the City Attorney agree to the terms and conditions set forth herein.
2.02. City Attorney Appointment. The City appoints the firm of Kennedy & Graven,
Chartered as City Attorney, with Scott J. Riggs and Robert J. V. Vose acting as primary legal counsel for
the City.
2.03. Usual and Customary Legal Services. The City Attorney agrees to perform all usual
and customary legal services for the City in accordance with the terms of this Agreement,
including, but not limited to the following:
a. Attendance by the primary legal counsel from the firm, as requested, at one Council
meeting per month;
b. Meetings with staff and public groups as requested by the Council or the City Clerk-
Administrator and public hearings before the Council;
c. Review and preparation of contracts, performance bonds, insurance and
other routine legal documents;
d. Ordinance code amendments and preparation of resolutions;
e. Formal and informal legal advice to Council, staff and committees;
f. Responses to inquiries from the public on matters not directly related to
criminal prosecution activities;
g. Regular training for staff including, but not limited to, human resource issues, sexual
harassment, city government procedures, employee discipline procedures,
workers compensation, OSHA issues;
h. Occasional attendance at staff meetings as directed by the City Clerk-
Administrator;
i. Legal updates, alerts and opinions to staff on issues affecting the City;
j. Proactive advice as to City Code and personnel policies;
k. All other routine legal services except those pertaining to:
i. land acquisitions and sales;
ii. litigation, administrative proceedings, eminent domain and special
assessment appeals;
iii.. review of subdivision and land development contracts;
iv. approval of improvement bonds/proceedings and other authorized
bond issues;
v. telecommunication matters;
vi. employment matters and labor negotiations;
vii. Economic Development Authority matters involving the establishment of
tax increment financing districts and development contracts;
viii. Separate Commissions of the City including, but not limited to
Economic Development Authority, Police Civil Service Commission, and
Charter Commission.
As an aid to the interpretation of the services to be covered by the retainer agreement, the
following definitions would apply:
"Administrative proceedings" means services directly related and preparatory to representing
the City or its agencies before a federal, state or regional administrative agency.
"Eminent domain" means services performed directly related and preparatory to the
commencement of an action of eminent domain by or against the City or its agencies.
"Litigation" means services performed by the city attorney: (a) in response to a claim filed
against the City or an action commenced against the City, its agencies, or their officers, agents or
employees; (b) in response to administrative proceedings; and (c) appearances on behalf of the
City or its agencies before state or federal courts, boards or commissions.
"Routine" means matters usual and customarily undertaken by a city attorney in the discharge
of office.
2.04. Compensation for Legal Services. For legal services, except as provided in Section
2.08, the City agrees to compensate the City Attorney at the following hourly rates for services indicated
below:
a . For all attorneys in general municipal matters as set forth in Section 2.03
(except Section 2.03(k)) pursuant to a monthly retainer in the amount of
$2,500.00.
b. For all attorneys for matters set forth in Section 2.03(k) as follows:
i. For all attorneys in real estate matters, telecommunication matters,
employment and labor negotiation matters
$140/hr.
ii. For all attorneys in litigation and administrative proceedings
$150/hr.
iii. For all attorneys in matters in which costs are passed through to developer
and tax increment matters
$180/hr.
iv. For all law clerks for work not covered by the retainer set forth in
Section 2.04(a) $75/hr.
v. For all paralegals for work not covered by the retainer set forth in
Section 2.04(a)
$95/hr.
vi. Bond counsel services as set forth in Section 2.08.
vii. For all attorneys requested to attend a regular council meeting in excess of
one per month, established under Section 2.03(a). $120/hr. - no travel time
allowed.
2.05. Compensation for Expenses. The City will compensate the City Attorney for the
following actual and necessary expenses incurred by the City Attorney on behalf of the City:
The firm will bill its out-of-pocket costs for such things as postage, long
distance telephone calls, photocopying, filing fees and witness fees, and
similar items. Mileage compensation will not be charged for attendance at
regular City Council Meetings.
Photocopying: $.20 per page
Color copies $1.00 per page
Facsimiles $.50 per page
Mileage: $.445 per mile
Westlaw or Lexis fees: Actual cost charged
Other charges such as: Actual cost charged
Messenger service
Express mail
Long distance telephone calls
Filing fees
Parking fees
Our monthly billing statements provide detail for all fees and costs.
2.06. Billing Statements. Billings by the City Attorney to the City for services will be on a
monthly basis, except as may otherwise be agreed upon by the parties. The billing statement shall
be of sufficient detail to adequately inform the City concerning the tasks performed, the attorney
or staff performing them, the time spent on each task and the nature and extent of costs and
disbursements. The statement shall also contain a summary that shows the total time spent for each
category and the total fees, charges and disbursements for each category.
2.07. Term of Agreement. The term of this Agreement shall be for three years. The hourly
rates specified in this Agreement will remain in effect for the term of this Agreement.
2.08. Bond Counsel Services. The City Attorney will act as approving bond counsel for the
City if so requested by the City. These services are not part of this Agreement, but may be made
such by mutual agreement of the parties. In the event such services are desired by the City,
fees for these services will be those usual and customarily charged by the firm of Kennedy & Graven,
Chartered.
2.09. Primary Legal Counsel. It is the intention of the parties and it is hereby agreed by the
City Attorney, that the term "primary legal counsel" as used herein means and refers to Scott J.
Riggs and Robert J. V. Vose who will, except in the case of extraordinary circumstances
involving disability, unavoidable conflict or other good and substantial reasons, perform, supervise and
be responsible to the City for the legal services to be provided.
2.10. Entire Agreement. This Agreement, any attached exhibits and any addenda or
amendments signed by the parties shall constitute the entire agreement between the City and the
City Attorney, and supersedes any other written or oral agreements between the City and the City
Attorney. This Agreement can only be modified in writing signed by the City and the City Attorney.
2.11. Termination. This Agreement may be terminated by the City at any time or by the
City Attorney upon 30 days written notice.
2.12. Conflict of Interest. The City Attorney shall use best efforts to meet all
professional obligations to avoid conflicts of interest and appearances of impropriety in
representation of the City. In the event of a conflict, the City Attorney, with the consent of the City, shall
arrange for suitable alternative legal representation. It is the intent of the City Attorney to refrain
from handling legal matters for any other person or entity that may pose a conflict of interest.
2.13. Agreement Not Assignable. Except as provided in Paragraph 2.12 of this
Agreement relating to conflicts of interest, the rights and obligations created by this Agreement
may not be assigned by either party.
2.14. Agreement Not Exclusive. The City retains the right to hire other legal
representation for specific legal matters.
2.15. Independent Contractor Status. All services provided by the City Attorney
pursuant to this Agreement shall be provided by the City Attorney as an independent
contractor and not as an employee of the City for any purpose, including but not limited to: income tax
withholding, workers' compensation, unemployment compensation, FICA taxes, liability for torts
and eligibility for employee benefits.
2.16. Work Products. All records, information, materials and other work products prepared
and developed in connection with the provision of services pursuant to this Agreement shall
become the property of the City.
2.17. Insurance. The City Attorney shall maintain professional liability (malpractice) insurance
in the minimum amount of $1,000,000.
2.18. Data Practices Act Compliance. Data provided to the City Attorney under this
Agreement shall be administered in accordance with the Minnesota Government Data
Practices Act, Minnesota Statutes, Chapter 13.
2.19. Choices of Law and Venue. This Agreement shall be governed by and
construed in accordance with the laws of the state of Minnesota. Any disputes,
controversies, or claims arising out of this Agreement shall be heard in the state or federal courts of
Minnesota, and all parties to this Agreement waive any objection to the jurisdiction of these
courts, whether based on convenience or otherwise.
2.20. Agreement Extensions. Subject to the rights of termination described in
Section 2.11, the provisions of this Agreement shall be deemed to be automatically extended from year-to-
year or extended with such modifications or adjustments as the City and City Attorney may from time-to-
time mutually agree.
IN WITNESS WHEREOF, the parties have caused this agreement to be duly executed by their
proper officers and representatives as of the day and year first above written.
CITY OF MOUNDS VIEW, MINNESOTA
By: ____________________________
Rob Marty
Its: Mayor
By: ____________________________
Kurt Ulrich
Its: City Clerk-Administrator
KENNEDY & GRAVEN, CHARTERED
By: ____________________________
Scott J. Riggs
City Attorney
Item No: 08F
Meeting Date: June 26, 2006
Type of Business: CA
Administrator Review: _____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Desaree M. Crane, Administrative Assistant
Item Title/Subject: Consideration of Resolution 6856, a Resolution
Authorizing Distribution of Service Appreciation
Certificates to Employees having Achieved a Five-Year
Employment Milestone as of 2006.
Introduction:
As discussed at the June 5, 2006, Work Session, Staff has scheduled an Employee Appreciation
Lunch for Wednesday, June 28, 2005, located at the Mounds View Banquet Center, from 11am to
100pm. As stated in Resolution 5617, the City will provide eligible employees gift certificates for a
Five-Year Employment Milestone.
Discussion:
Resolution 5617 indicates that the City will provide to employees “gift certificates in the amount of $5
per year of service at five-year increments.” Currently there are 8 city employees that fall under these
criteria. Both the Employee Lunch and Gift Certificates are currently budgeted for 2006 (Budget #
100-4100-1600). The employees below qualify under the criteria set in Resolution 5617:
Employee Name Department Years of Service
as of 2006
Gift Certificate Amount
Aaron Backman Community
Development
5 years $25.00
Keith Czarnecki Police Department 10 years $50.00
Jim Ericson Community
Development
10 years $50.00
Tracy Juell Public Works
Department
15 years $75.00
Kasey Keckeisen Police Department 5 years $25.00
Kirk Leitch Police Department 5 years $25.00
Steven Menard Police Department 10 years $50.00
Darrell Meyer Police Department 10 years $50.00
This year Staff will be catering the event with Marino’s Deli in Minneapolis.
Recommendation:
Staff recommends approval of purchasing these gift certificates to recognize the achievements of
these eight (8) city employees. These eight employees will be asked where they want their gift
certificates purchased, and Staff will pick them up. As it was done last year, all gift certificates
must be chosen in the Twin Cities area.
Respectfully submitted,
Desaree M. Crane
RESOLUTION NO 6856
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
A RESOLUTION APPROVING DISTRIBUTION OF SERVICE
APPRECIATION CERTIFICATES TO EMPLOYEES HAVING REACHED
FIVE-YEAR EMPLOYMENT MILESTONES
WHEREAS, Resolution 5617 was adopted by the City Council on October 8, 2001; and,
WHEREAS, one of the clauses in Resolution 5617 indicates that the City will provide to
employees certificates in the amount of $5 per year of service at five-year increments; and,
WHEREAS, the following individuals have achieved an employment milestone with the
City of Mounds View since the adoption of Resolution 5617; and,
WHEREAS, together the eight (8) identified employees have a cumulative 70 years of
experience with the City of Mounds View.
Employee Name Department Years of Service
as of 2006
Gift Certificate Amount
Aaron Backman Community
Development
5 years $25.00
Keith Czarnecki Police Department 10 years $50.00
Jim Ericson Community
Development
10 years $50.00
Tracy Juell Public Works
Department
15 years $75.00
Kasey Keckeisen Police Department 5 years $25.00
Kirk Leitch Police Department 5 years $25.00
Steven Menard Police Department 10 years $50.00
Darrell Meyer Police Department 10 years $50.00
NOW, THEREFORE BE IT RESOLVED THAT the Mounds View City Council does
hereby appreciate and recognize the eight employees listed above for their years of dedicated
service and, pursuant to Resolution 5617, does hereby authorize the distribution of Service
Appreciation Certificates to each herein identified employee in amounts equal to five times their
years of service.
Adopted this 26th day of June, 2006
________________________________
Rob Marty, Mayor
ATTEST:
________________________________
Kurt Ulrich, City Administrator
(seal)
Item No: 08G
Meeting Date: June 26, 2006
Type of Business: CA
City Administrator Review: ______
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Desaree Crane, Assistant to the City Administrator
Item Title/Subject: Resolution 6861, Approving a Charitable Gambling One-Day
Permit for the Mounds View Community Theatre for the
August 20, 2006 Mounds View Festival in the Park
The Mounds View Community Theatre, a non-profit charitable organization, would
like to hold a Bingo Game on August 20, 2006, at the Mounds View City Hall Park,
for the Mounds View Festival in the Park celebration.
The Mounds View Community Theatre is located in Mounds View, and they have
more than 30 active members. This meets the requirements of the Mounds View
City Code.
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 One-Day Charitable Gambling Permit for the
Mounds View Community Theatre at the location and date stated above.
Respectfully Submitted,
Desaree M. Crane
RESOLUTION NO. 6861
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
APPROVING A PERMIT APPLICATION FOR THE MOUNDS VIEW
COMMUNITY THEATRE, A CHARITABLE ORGANIZATION TO CONDUCT
CHARITABLE GAMBLING FOR THE MOUNDS VIEW FESTIVAL IN THE
PARK CELEBRATION ON AUGUST 20, 2006
WHEREAS, the Mounds View Community Theatre has requested that the
City Council allow them to conduct charitable gambling (BINGO) at the Mounds
View City Park for the Mounds View Festival in the Park celebration; 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 Mounds View Community Theatre, is in compliance with
all requirements of the Mounds View Municipal Code with regard to charitable
gambling regulations; and
WHEREAS, the Mounds View Community Theatre has requested a one-
day charitable gambling permit; and
WHEREAS, the Mounds View Community Theatre will be conducting
BINGO for the Mounds View Festival in the Park celebration on August 20, 2006.
NOW, THEREFORE, BE IT RESOLVED that the Mounds View City
Council does hereby authorize Mounds View Community Theatre, to conduct
charitable gambling at the Mounds View City Park on August 20, 2006, located at
2401 Highway 10 in Mounds View.
Adopted this 26th 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
June 12, 2006 6
Mounds View City Hall 7
2401 Highway 10, Mounds View, MN 55112 8
7:00 P.M. 9
10
11
1. MEETING IS CALLED TO ORDER 12
13
2. PLEDGE OF ALLEGIANCE 14
15
3. ROLL CALL: Acting Mayor Stigney, Councilmember Gunn, and Councilmember 16
Flaherty 17
18
NOT PRESENT: Mayor Marty and Councilmember Thomas 19
20
4. APPROVAL OF AGENDA 21
22
A. Monday, May 22, 2006 City Council Agenda 23
24
MOTION/SECOND: GUNN/FLAHERTY. To Approve the Monday, June 12, 2006 agenda as 25
presented. 26
27
Ayes – 3 Nays – 0 Motion carried. 28
29
5. PUBLIC INPUT 30
31
William Werner, 2765 Sherwood Road, spoke regarding the proposed Community Center and 32
additional recreational equipment. Mr. Werner said he has not heard anything about its progress 33
even though it seems to be progressing. He asked Acting Mayor Stigney to explain the scope of 34
the recreational equipment and the City is in the process of completing the Community Center. 35
36
Acting Mayor Stigney replied that the City has received bids. 37
38
City Administrator Ulrich stated that at the last Planning Commission meeting, the architects 39
presented plans and it was the consensus of the Commissioners to get quotes before the next step, 40
which is to prepare specifications. Administrator Ulrich explained the specifications would 41
consider the cost and budget calculations of the project, specifically based on the criteria of 42
potential revenue for the project considering at different scenarios. He said that Staff is working 43
on scenarios and expects the issue will be before the Council at the June 26 meeting. 44
45
Mounds View City Council June 12, 2006
Regular Meeting Page 2
Mr. Werner asked if the City has a projected dollar amount. Administrator Ulrich replied that the 1
very preliminary estimates are about $600,000 with about 6% additional, or $36,000, for 2
architectural fees. 3
4
Mr. Werner stated his opinion that a Community Center with a cost $6.3 million is significant. 5
Mr. Werner said his concern is if there is a point at which the project is not feasible. He asked if 6
there would be a fee for use said with such a significant sum of money being allocated to the 7
project, he believes there should be a fee associate with its use. He said the City will be 8
competing with a health club up near Northtown. He said he is amazed at the amount of money 9
being spent on a community center and that it must be sensible. He asked when the feasibility of 10
such a center will be determined. 11
12
Acting Mayor Stigney stated that what has been reported so far is the capital cost, not operational 13
costs. He said there is already a fitness center in the area, but the consensus of the Council 14
agreed that plans should go forward. Acting Mayor Stigney said he personally agrees with 15
Werner that he does not believe it is practical. He said it may wishful thinking that the 16
community center will make money and if it does not, it will cost taxpayers. 17
18
Mr. Werner said it is fine if we do not make money on the Community Center, but the costs must 19
be feasible. Acting Mayor Stigney replied that he believes the City will not make money off of 20
the Community Center and questions if the Center is practical and viable. Mr. Werner stated he 21
will come back every meeting to keep attention to the project. 22
23
Councilmember Flaherty explained the current Community Center is 100% subsidized and that 24
private funding will not work. He said that the City must do something with the empty building 25
and it is his opinion it is foolish not to make it a place for the Citizens of Mounds View. He said 26
the City is looking at other alternatives and there is a committee formed to consider other 27
options. He said they solicited citizens’ input several times and that they are looking at the 28
Community Center will be a bonus for residents of Mounds View. He said nothing is final but it 29
should be provide to citizens in the same way parks do. 30
31
Mr. Werner said he still believes the cost is way out of line. 32
33
Mr. Werner then stated he came to the new City Hall building for the meeting and believed the 34
new Chambers look terrible. He asked if there was any possibility of taking some of the lights but 35
then withdrew the comment because he stated it would cost too much money. 36
37
Acting Mayor Stigney said the Council should draw up a RFP for the Community Center plans. 38
39
6. SPECIAL ORDER OF BUISNESS 40
41
A. Resolution 6848, Resolution of Appreciation for Israel Diaz, Volunteer Fire 42
Inspector for the SBM Fire Department. 43
44
Mounds View City Council June 12, 2006
Regular Meeting Page 3
Fire Marshal Kathi Osmonson introduced Volunteer Fire Inspector Israel Diaz. She said she 1
recently reviewed City records and noticed that Mr. Diaz has donated over 300 hours to the City 2
doing volunteer work. She said Israel is a great person to have on board and publicly thanked Mr. 3
Diaz. 4
5
Mr. Diaz thanked the Council, City, and Fire Marshal Osmonson. 6
7
City Administrator Ulrich read the resolution in full. 8
9
Acting Mayor Stigney stated there will be a framed certificate presented to Mr. Diaz as soon as it 10
was signed. 11
12
MOTION/SECOND: FLAHERTY/GUNN to adopt Resolution 6848, Resolution of 13
Appreciation for Israel Diaz, Volunteer Fire Inspector for the SBM Fire Department. 14
15
Ayes – 3 Nays – 0 Motion carried. 16
17
7. COUNCIL BUSINESS 18
19
A. Resolution 6836, a Resolution Approving a Conditional Use Permit for an 20
Oversize Garage at 8382 Knollwood Drive. 21
22
Planning Associate Heller stated that before the Council is a Conditional Use Permit (CUP) for 23
an oversize garage at 8382 Knollwood Drive. She stated that the residents, Robert and Lisa 24
Horbul, would like to put a 24’ x 30’ addition to the rear of their garage. She stated there is a 25
drawing in the packet. She stated they need a CUP because it would bring the total square feet 26
up to 1,604, which is beyond the current limit of 952 square feet. She said it would be for 27
storage of an RV and other things. She stated the garage would not be used as a business. 28
29
Associate Heller explained that with a CUP before them, the Council needs to determine if there 30
will be any adverse affects by approval. She stated the Council needs to look at the 31
Comprehensive Plan to see if the oversize garage would benefit the neighborhood. 32
33
Associate Heller elaborated that the property is on Knollwood Drive, which is a residential area. 34
She said that the addition will not be seen from the front will blend in with the original roofline. 35
She said it would somewhat block the view looking across the back yard. She said that the 36
addition will provide the property with additional inside storage and raise the value of the 37
property. 38
39
Associate Horbul said Knollwood Drive is a strictly residential area. She said the Horbuls have 40
demonstrated a need for the addition to keep vehicles in the garage rather than in the driveway 41
and behind the garage. She stated that a resident who lived several houses away did have a 42
concern, and that the applicants were in attendance to answer any questions the Council may 43
have. 44
45
Mounds View City Council June 12, 2006
Regular Meeting Page 4
Acting Mayor Stigney opened the public hearing at 7:19 p.m. 1
2
Acting Mayor Stigney closed the public hearing at 7:19 p.m. 3
4
Councilmember Gunn asked if the Horbuls will keep the shed in the back yard. Associate Heller 5
replied that they did plan to keep the shed, and that the total square footage for accessory 6
buildings will be under the allowed 1,800 square feet. 7
8
Councilmember Flaherty asked if the addition will be sided the same color as the house, and 9
Associate Heller replied that yes it will. Councilmember Flaherty pointed out that there is a 10
foundation behind the garage. Associate Heller stated it is for the RV and will be replaced by the 11
garage. 12
13
Councilmember Flaherty asked if the oversize garage would be used to get rid of the clutter and 14
Associate Heller replied that there was nothing specific in the plan. 15
16
MOTION/SECOND: GUNN/FLAHERTY. To waive the reading and adopt Resolution 6836, a 17
Resolution Approving a Conditional Use Permit for an Oversize Garage at 8382 Knollwood 18
Drive. 19
20
Ayes – 3 Nays – 0 Motion Carried 21
22
B. Resolution 6837, a Resolution Approving a Conditional Use Permit for an 23
Oversize Garage at 5308 St. Stephen Street. 24
25
Associated Heller stated Mark McKay has requested a CUP for a larger garage at 5308 St. 26
Stephen Street. She stated Mr. McKay will demolish his current garage and build one that will 27
be 2 cars deep. Associate Heller said it will be the same width, but twice as deep because his lot 28
will not allow a wider garage. 29
30
Associate Heller explained the oversize garage is consistent with the Comprehensive Plan 31
because a new garage will add to the neighborhood. She said the area is residential with a few 32
businesses nearby. She said the addition will be in the rear of the garage and will look the same 33
from the street. 34
35
Associate Heller said Mr. McKay talked with his neighbors and they have no problems with the 36
addition. She said his backyard is a little shallower than that of the Horbuls, but that the addition 37
will not interfere with the house behind the property. 38
39
Associate Heller stated that a brand new garage will not cause any depreciation for the home or 40
neighborhood and will add value. She explained that Mr. McKay would like to park more than 41
two vehicles inside rather than on the street, which is the demonstrated need. 42
43
She said there was no feedback during the May 17 Planning Commission meeting and all zoning 44
and point issues are satisfied within the request. She stated that Mr. McKay was in attendance to 45
Mounds View City Council June 12, 2006
Regular Meeting Page 5
answer any questions 1
2
Acting Mayor Stigney opened the public hearing at 7:25 p.m. 3
4
Acting Mayor Stigney closed the public hearing at 7:25 p.m. 5
6
Councilmember Flaherty asked if the applicants will demolish the current garage and add a new 7
one, and Associate Heller responded yes. He asked if the driveway would be repaired at the 8
same time. Mr. McKay said the driveway is not in that bad a shape and he had not planned to 9
repair it. 10
11
Mr. McKay said the only reason he is asking to tear down the current garage is because it was 12
built on a floating slab. Mr. McKay stated he is going to ask that the contractors put in cross-13
footings across the garage. Mr. McKay stated the floating slab is the reason he is asking to tear 14
down the garage rather than building an addition on the back. 15
16
MOTION/SECOND: GUNN/FLAHERTY. To waive the reading and adopt Resolution 6837, a 17
Resolution Approving a Conditional Use Permit for an Oversize Garage at 5308 St. Stephen 18
Street. 19
20
Ayes – 3 Nays – 0 Motion carried. 21
22
C. Resolution 6830, an Off Sale Intoxicating Liquor License Renewal for ABC 23
Liquor located at 2840 Highway 10. 24
25
Assistant to the City Administrator Desaree Crane stated that the City of Mounds View issued an 26
intoxicating liquor license for ABC Liquor in June of 2005, and their renewal is before the 27
Council for consideration. She explained that ABC Liquor’s Intoxicating Liquor License will 28
expire June 30, 2006. She said the notice of this public hearing was sent out to residences within 29
350 feet radius, and the Notice of Public Hearing was published in the Mounds View/New 30
Brighton Bulletin. 31
32
Assistant to the City Administrator Crane stated that ABC Liquor has submitted their City liquor 33
license application materials and the applicable fees. 34
35
Assistant to the City Administrator Crane explained that there was one police incident which is 36
attached along with a memorandum from Bob Vose, an attorney from Kennedy and Graven. She 37
said there is an area of concern with this police report in regard to selling alcohol to minors. She 38
stated this is the establishment’s first violation. 39
40
Assistant to the City Administrator Crane added that the Finance Department has issued a 41
satisfactory Utility Billing Inquiry for ABC Liquor and that the City’s Fire Marshal has issued a 42
satisfactory Fire Inspection Report. 43
44
Assistant to the City Administrator Crane said that Staff recommends the City Council open the 45
Mounds View City Council June 12, 2006
Regular Meeting Page 6
Public Hearing for public input. She said that due to the concerns stated in the police report, staff 1
would like to discuss how to proceed with this business renewal. She said that since this is a first 2
violation with the owner, and the owner is not currently convicted, the City could proceed with 3
the renewal and monitor the proceedings of the case. 4
5
Assistant to the City Administrator Crane explained that a resolution approving this license was 6
provided if the Council wishes to approve the liquor license. She said if the City Council wishes 7
to investigate this matter further, then the City Council could also open the Public Hearing for 8
public comment and postpone the renewal until the next City Council Meeting. She explained 9
that if this renewal is approved, the time period of this license will be July 1, 2006 to June 30, 10
2007 11
12
Acting Mayor Stigney opened the public hearing at 7:30 p.m. 13
14
Owner of ABC Liquor, Mr. Xiong, said that during November of last year, he had to see the 15
doctor and was not in the store. He said there were three men in the store and that one woman 16
was in a car behind the building. He said one of the men went around to the back, stole the 17
liquor, and went outside to the woman. Mr. Xiong said the clerk did not ask for the ID of the 18
man who was at the counter. Mr. Xiong stated that the clerk realized the man who went out the 19
back had shoplifted and called police and that the man who went out the back said that he did not 20
have ID. He said that the police officer took the man without the ID who was at the counter 21
outside the store. 22
23
Mr. Xiong said that they have the permit until February 2007. He said he has one other store, 24
and asked if the violation is against him or the clerk who sold the liquor to the minor. Assistant 25
to the City Administrator Crain replied that the violation is against the owner, not the clerk. Mr. 26
Xiong said that from now on, he hopes there are no more problems. 27
28
Acting Mayor Stigney closed the public hearing at 7:33 p.m. 29
30
Councilmember Flaherty asked to table the vote until the City Attorney can answer some 31
questions. 32
33
MOTION/SECOND: GUNN/FLAHERTY, To postpone consideration of Resolution 6830, an 34
Off Sale Intoxicating Liquor License Renewal for ABC Liquor located at 2840 Highway 10, until 35
the June 26, 2006 meeting. 36
37
Ayes – 3 Nays – 0 Motion carried. 38
39
D. Resolution 6831, an Off Sale Intoxicating Liquor License Renewal for Big 40
To Liquor located at 2577 Highway 10. 41
42
Assistant to the City Administrator Crane reported that the City of Mounds View issued an 43
intoxicating liquor license for Big Top Liquor in June of 2005, and their renewal is before the 44
Council for consideration. She explained that Big Top Liquor’s Intoxicating Liquor License will 45
Mounds View City Council June 12, 2006
Regular Meeting Page 7
expire on June 30, 2006 and that the notice of this public hearing was sent out to residences 1
within a 350 feet radius, and the Notice of Public Hearing was published in the Mounds 2
View/New Brighton Bulletin. 3
4
Assistant to the City Administrator Crane stated that Big Top Liquor has submitted their City 5
liquor license application materials and the applicable fees. She stated that the Mounds View 6
Police Department has issue a satisfactory report for Big Top Liquor. She added that the Finance 7
Department has issued a satisfactory Utility Billing Inquiry Report. She explained that the City’s 8
Fire Marshal will be inspecting the establishment within the week and that this Off-Sale 9
Intoxicating Liquor License renewal will be pending a satisfactory fire inspection. 10
11
Assistant to the City Administrator Crane stated that Staff recommends to open the Public 12
Hearing for public comment and that the City Council approve Big Top Liquor’s application for 13
an Off-Sale Intoxicating Liquor License pending a satisfactory inspection from the Mounds View 14
Fire Marshal. She stated the time period for this license will be July 1, 2006 to June 30, 2007. 15
16
Acting Mayor Stigney opened the public hearing at 7:36 p.m. 17
18
Acting Mayor Stigney closed the public hearing at 7:36 p.m. 19
20
MOTION/SECOND: FLAHERTY/GUNN. To waive the reading and adopt Resolution 6831, 21
an Off Sale Intoxicating Liquor License Renewal for Big To Liquor located at 2577 Highway 10. 22
23
Ayes – 3 Nays – 0 Motion carried. 24
25
E. Resolution 6832, an Off Sale Intoxicating Liquor License Renewal for Vino 26
& Stogies located at 2345 County Road H2. 27
28
Assistant to the City Administrator Crane stated that the City of Mounds View issued an 29
intoxicating liquor license for Vino & Stogies in June of 2005, and their renewal is before the 30
Council for consideration. She explained that Vino & Stogies Intoxicating Liquor License will 31
expire on June 30, 2006, and that the notice of this public hearing was sent out to residences 32
within 350 feet radius, and the Notice of Public Hearing was published in the Mounds View/New 33
Brighton Bulletin. 34
35
Assistant to the City Administrator Crane stated that Vino & Stogies has submitted their City 36
liquor license application materials and the applicable fees. She added that Vino & Stogies has 37
not submitted their Certificate of Liability Insurance and their license will not be issued until 38
Staff receives this certificate. 39
40
Assistant to the City Administrator Crane stated that the Mounds View Police Department has 41
issue a satisfactory Police Inquiry and Investigations report for Vino & Stogies, and the Finance 42
Department has issue a satisfactory Utility Billing Report for Vino & Stogies. She added that the 43
City’s Fire Marshal has inspected the establishment and issued a satisfactory report regarding the 44
establishment pending correction of minor Fire Code issues. 45
Mounds View City Council June 12, 2006
Regular Meeting Page 8
1
Assistant to the City Administrator Crane stated that Staff recommends opening the Public 2
Hearing for Public Comment and further recommends the Council approve Vino & Stogies’ 3
application for an Off-Sale Intoxicating Liquor License pending receipt of their Certificate of 4
Liability Insurance. She stated that the time period for this license will be July 1, 2006 to June 5
30, 2007. 6
7
Acting Mayor Stigney opened the public hearing at 7:38 p.m. 8
9
Acting Mayor Stigney closed the public hearing at 7:39 p.m. 10
11
MOTION/SECOND: GUNN/FLAHERTY. To waive the reading and adopt Resolution 6832, 12
an Off Sale Intoxicating Liquor License Renewal for Vino & Stogies located at 2345 County 13
Road H2. 14
15
Councilmember Flaherty asked if the minor fire code issues have been addressed. Assistant to the 16
City Administrator Crane replied that the changes are pending and Vino & Stogies is working on 17
the situation. 18
19
Ayes – 3 Nays – 0 Motion carried. 20
21
F. Resolution 6833, an On Sale Intoxicating Liquor License Renewal for 22
Robert’s Sports Bar and Entertainment located at 2400 County Road H2. 23
24
Assistant to the City Administrator Crane stated that the City of Mounds View issued an 25
intoxicating liquor license to Robert’s Sports Bar and Entertainment in June of 2005, and their 26
renewal is before the Council for consideration. She added that Robert’s Sports Bar and 27
Entertainment’s Intoxicating Liquor License will expire in June 30, 2006. 28
29
Assistant to the City Administrator Crane stated that Robert’s Sports Bar and Entertainment has 30
submitted their City liquor license application materials and the applicable fees. She added that 31
Robert’s Sports Bar and Entertainment owes Staff a Certificate of Liability Insurance and this 32
liquor license will not be issued until an original Certificate of Liability Insurance is received. 33
She stated a notice of this public hearing was sent out to residences within a 350 feet radius, and 34
the Notice of Public Hearing was published in the Mounds View/New Brighton Bulletin. 35
36
Assistant to the City Administrator Crane stated that the Mounds View Police Department has 37
issued a satisfactory Police Inquiry and Investigations report, and the Finance Department has 38
issued a satisfactory Utility Billing Inquiry report for the establishment. 39
40
Assistant to the City Administrator Crane stated that Staff recommends the City Council open the 41
Public Hearing for public comment and that Staff recommends approving Robert’s Sports Bar 42
and Entertainment’s application for an On-Sale Intoxicating Liquor License pending a 43
satisfactory inspection from the Mounds View Fire Marshal and receipt of the Certificate of 44
Liability Insurance. She stated the time period for this license will be July 1, 2006 to June 30, 45
Mounds View City Council June 12, 2006
Regular Meeting Page 9
2007. 1
2
Acting Mayor Stigney opened the public hearing at 7:41 p.m. 3
4
Cindy Hilger stated she lives on the west side of Robert’s, across the street. She explained that 5
the residents in her area have had issues about the noise every year. She said she has lived there 6
for 6 years, and the noise gets progressively worse and worse. She explained the music is loud 7
and the residents can feel their windows vibrate. She said the noise is hard to deal with Thursday 8
through Sunday. 9
10
Ms. Hilger added that motorcycles rev their engines at 2:30 a.m., drive up and down the 11
residential street, and return to the parking lot. She stated there must be a noise ordinance that 12
prohibits such disruption. She explained there were trees put in several years ago in an effort to 13
block the noise, but they do not help. She stated that residents are hoping something is done. 14
She said that it is difficult to sleep. 15
16
Acting Mayor Stigney asked who could address this issue and Administrator Ulrich asked Police 17
Chief Sommer to speak. 18
19
Chief Sommer said the City must respond to these things and recommend that residents call 911 20
as such situations are happening. He said as far as the ongoing problem of the noise, he is not 21
sure what can be addressed at the meeting. He said at least the police department is aware of the 22
noise problem now and suggested the residents of the area start documenting the noise problems 23
with official police reports. Chief Sommer added the Council could take action at a later date. 24
25
Ms. Hilger said that police have been called on a number of occasions and said got the run-26
around, including from the police department in Maplewood. She said they finally quit calling 27
because nobody from Mounds View would respond. She said their calls were sent to other police 28
departments, which has happened several times when she has dialed 911. Chief Sommer 29
responded that it is an issue with the dispatching service and asked that residents specify Mounds 30
View when calling 911. 31
32
Wayne Gilberg, 5287 Edgewood Drive, said he lives across the street and also addressed the 33
problem of the noise. He asked if a barrier could be built around the building or if the building 34
could be soundproofed. 35
36
Acting Mayor Stigney stated there is a noise ordinance and asked Community Development 37
Director Ericson to look into the ordinance and situation of Robert’s. Director Ericson said in 38
years past there have been noise complaints, but there has not been many in the last few years. 39
He said it is unfortunate that there is still a noise issue and he will follow up with the problem. 40
41
Sarah Mears, 5292 Edgewood Drive, stated she lives directly behind Robert’s Sports Bar and 42
Entertainment and has called the police on 3 occasions, twice for noise and once for an 43
intoxicated man crawling around in their front yard. She explained there have been beer bottles 44
thrown multiple times into her yard and that her children, ages seven and three, have found them. 45
Mounds View City Council June 12, 2006
Regular Meeting Page 10
She said they have called the police two times in the last 6 months for noise. 1
2
Ms. Mears stated that Robert’s leaves their doors open and every word can be heard from inside 3
the bar. She said it is difficult to go to bed, and to try to put the kids to bed when there is loud 4
music, especially during the school year. She explained that garbage is thrown over and that 5
something once hit their trees when her husband was in their back yard. She said someone had 6
thrown a plastic rack into their yard from the bar. She said she has issues with the garbage, the 7
noise, and the drunk people in her yard. 8
9
Acting Mayor Stigney closed the public hearing at 7:50 p.m. 10
11
Administrator Ulrich suggested that, with the number of complaints, the Council should ask the 12
owners of Robert’s Sports Bar and Entertainment to address citizens’ complaints during the 13
Council meeting on June 26. 14
15
Acting Mayor Stigney said that June 26 should provide them sufficient notification in time for 16
the insurance to be renewed. He thanked the residents for speaking out because the Council did 17
not know about these issues. 18
19
Councilmember Flaherty stated that the residents should not have to tolerate such problems at 20
any time. He said police need to get involved if there are drunk people in citizens’ front yards. 21
He asked the Chief to look into a response since the people here have not received help. He 22
further said he believes it is a good idea to have Robert’s owner in on June 26th to address the 23
complaints. 24
25
Councilmember Gunn agreed. 26
27
MOTION/SECOND: GUNN/FLAHERTY. To postpone consideration of Resolution 6833, an 28
On Sale Intoxicating Liquor License Renewal for Robert’s Sports Bar and Entertainment located 29
at 2400 County Road H2, until June 26 for the purpose of addressing the complaints of the 30
residents. 31
32
Ayes – 3 Nays – 0 Motion carried. 33
34
G. Resolution 6834, an On Sale Intoxicating Liquor License Renewal for The 35
Mermaid located at 2200 Highway 10. 36
37
Assistant to the City Administrator Crane stated that the City of Mounds View issued an 38
intoxicating liquor license for The Mermaid in June of 2005, and their renewal is before the 39
Council for consideration. She explained that The Mermaid Intoxicating Liquor License will 40
expire June 30, 2006. 41
42
Assistant to the City Administrator Crane state that The Mermaid has submitted their City liquor 43
license application materials and applicable fees. She added that The Mermaid owes the City a 44
Certificate of Liability Insurance and this liquor license will not be issued until that is received. 45
Mounds View City Council June 12, 2006
Regular Meeting Page 11
She stated that notice of this public hearing was sent out to residences within a 350 foot radius, 1
and the Notice of Public Hearing was published in the Mounds View/New Brighton Bulletin. 2
3
Assistant to the City Administrator Crane stated that the Mounds View Police Department has 4
issued a satisfactory Police Inquiry and Investigations Report and the Finance Department has 5
issued a satisfactory Utility Building Inquiry report for The Mermaid. 6
7
Acting Mayor Stigney opened the public hearing at 7:54 p.m. 8
9
Acting Mayor Stigney closed the public hearing at 7:55 p.m. 10
11
MOTION/SECOND: FLAHERTY/GUNN. To waive the reading and adopt Resolution 6834, 12
an On Sale Intoxicating Liquor License Renewal for The Mermaid located at 2200 Highway 10. 13
14
Ayes – 3 Nays – 0 Motion carried. 15
16
H. Resolution 6835, an On Sale Wine and 3.2 Malt Liquor License Renewal for 17
Taiko Sushi located at 2394 Highway 10. 18
19
Assistant to the City Administrator Crane stated that Pro Association Inc., (dba Taiko Sushi Bar) 20
has submitted the City liquor license application materials and applicable fees. She added that 21
Taiko Sushi has not submitted their Certificate of Liability Insurance and this liquor license will 22
not be issue until this Certificate is received. She said the notice of this public hearing was sent 23
out to residences within 350 feet radius, and the Notice of Public Hearing was published in the 24
Mounds View/New Brighton Bulletin. 25
26
Assistant to the City Administrator Crane stated that there were several investigations conducted 27
to determine whether there is a cause for the City to deny Taiko Sushi Bar’s On-Sale Wine and 28
On-Sale 3.2 Malt Liquor License. She explained that the Mounds View Police Department has 29
issue a satisfactory Police Inquiry and Investigations report and the Finance Department has 30
issued a satisfactory Utility Billing Inquiry report for Taiko Sushi. She stated that the Fire 31
Marshal has issued a satisfactory Fire Inspection report for the establishment. 32
33
Assistant to the City Administrator Crane stated Staff recommends opening the Public Hearing 34
for Public Comment and that Staff further recommends that the City Council approve Pro 35
Association, Inc.’s (dba Taiko Sushi Bar) On-Sale Wine and On-Sale 3.2 Malt Liquor License 36
pending receipt of their Certificate of Liability Insurance. She stated the time period for this 37
license will be July 1, 2006 to June 30, 2007. 38
39
Acting Mayor Stigney opened the public hearing at 7:57 p.m. 40
41
Acting Mayor Stigney closed the public hearing at 7:57 p.m. 42
43
MOTION/SECOND: GUNN/FLAHERTY. To waive the reading and adopt Resolution 6835, 44
an On Sale Wine and 3.2 Malt Liquor License Renewal for Taiko Sushi located at 2394 Highway 45
Mounds View City Council June 12, 2006
Regular Meeting Page 12
10. 1
2
Ayes – 3 Nays – 0 Motion carried. 3
4
I. Resolution 6838, resolution of Approving Proposals for Technology and 5
Electronics Package for SBM Fire Station #3 6
7
Fire Chief Zikmund said there are four bid packages before the Council tonight, that all four 8
items were all part of the original package as proposed, and budget amounts cover these 9
proposals. He said there is about $100,000 contingency and the project is on schedule and said 10
he will explain the budget. 11
12
Fire Chief Zikmund noted the Driving Simulator, proposed by L-3 Communications. He said 13
that he and other Police Department Staff traveled to Las Vegas, NV, to discuss the simulator 14
with organizations that owned them. He said the simulator includes a truck module, similar to the 15
fire and public works trucks, and a sedan console that simulates the Crown Victoria. Fire Chief 16
Zikmund said the second console is an additional $35,000. 17
18
Fire Chief Zikmund explained that the department envisions uses by all four departments. He 19
said the fire department will likely use the simulator four times a year. He said the simulator will 20
not teach an individual how to drive, but how to think when behind the wheel. He said it is a 21
critical skill that needs to be improved on. He added that his team, the fire department, has 22
experienced two at-fault accidents, which are expensive. He said the simulator teaches drivers to 23
think ahead and cut down on accidents. He said that testing in the trucking industry, which is the 24
largest user of this simulator, indicates that there has been a 42% reduction in accidents of end 25
users. 26
27
Fire Chief Zikmund said the simulator would suffice for 2 out of 3 years of defensive driving 28
training. He said there is one simulator in Alexandria, and it is not conducive to send officers up 29
there or have the simulator shipped. He said there is a space for the simulator in the building, but 30
it will require additional cooling. 31
32
Councilmember Flaherty asked if there is only one in the State, and Fire Chief Zikmund replied 33
that is correct. Councilmember Flaherty and asked if the Alexandria Police Department’s 34
accident rate is lower. Fire Chief Zikmund replied that the simulator is at the Alexandria 35
Technical College, not at the Police Department, and he cannot answer the question. He stated 36
that the Alexandria Technical College does not have any statistics and the only data he would 37
consider valid is that from the trucking industry. 38
39
Councilmember Flaherty said his thoughts about defensive driving classes are that those who 40
take the course retain more by driving in a course and asked if this simulator will have a greater 41
value than a course. Fire Chief Zikmund replied that the simulator has a completely 42
programmable system that has urban, suburban, and rural settings, that it has 35 different 43
vehicles programmed into the database, and that there is an infinite number of stable object and 44
programmable moving objects. 45
Mounds View City Council June 12, 2006
Regular Meeting Page 13
1
Fire Chief Zikmund explained that in the real world, on a real course, the Department cannot 2
simulate a moving vehicle. He said there could be a simulation with a vehicle moving through 3
intersections, with pedestrians, dogs, etc. which cannot be simulated in real life. He said the 4
simulator also has “pinning” which cannot be practiced with real cars. He said it will make 5
officers and other City drivers practice critical skills that cannot be simulated in real life. He said 6
this was very valuable for the Las Vegas Police Department, with whom he spoke. 7
8
Councilmember Flaherty asked that because this is a big-ticket item, which will cost over 9
$250,000, if no other departments in the area have as simulator. Fire Chief Zikmund replied that 10
no other metro area cities have simulators and that in Minneapolis and Saint Paul, officers have 11
more opportunities in real life than in Mounds View. He stated that in Mounds View, the 12
Department must have time to train volunteers and that, next to Bloomington and Duluth, 13
Mounds View has the largest Fire Department. Fire Chief Zikmund added that the command 14
center software is a separate tool, not combined with simulator. 15
16
Councilmember Flaherty asked if it has been brought up to Blaine and Spring Lake Park and Fire 17
Chief Zikmund responded that Spring Lake Park has cleared the item and Blaine will hear it this 18
Thursday. He said they both heard it at a joint meting and Blaine had a workshop about it a year 19
ago. Acting Mayor Stigney asked if Spring Lake approved the simulator and Fire Chief Zikmund 20
said yes. 21
22
Councilmember Gunn asked if it the simulator will be available for use to other departments. Fire 23
Chief Zikmund said it would be available first to the Fire Departments and Police Departments in 24
the three cities, and other Public Works Departments who have limited training opportunities in 25
sedan training. He said it would then be offered to others, but limited to metro area. 26
Councilmember Gunn asked about ambulance drivers and Fire Chief Zikmund said they are on 27
the list. He noted ambulance drivers have the highest accident rate. 28
29
Acting Mayor Stigney asked if the Police Department will help fund the simulator and Fire Chief 30
Zikmund said with way the budget works, the City of Mounds View is responsible for a 15.5% 31
share and all three cities are paying. Fire Chief Zikmund responded that the Police Department 32
will not be contributing to the simulator cost because the funding is coming from the capital 33
improvement fund. Acting Mayor Stigney asked if the police other City departments will pay 34
rental fees, to which Fire Chief Zikmund responded yes. 35
36
Finance Director Beer pointed out that police departments require training every three years, and 37
Fire Chief Zikmund stated and that Blaine does it every year and said that the track course is 38
require every three years. 39
40
Administrator Ulrich said that the police package would not be included, and Fire Chief 41
Zikmund that the package does include the police component. 42
43
Fire Chief Zikmund reported on the CommandSym software, which is the third part of the 44
package. He said the first task was building the rooms, the second was contracting for the video 45
Mounds View City Council June 12, 2006
Regular Meeting Page 14
and display screens with Tierney. He said what is before the Council today is the software 1
package to run the system. He stated it is similar to the simulator software and that it has the 2
possibility to take digital pictures, spread smoke and flame throughout the structure, and the fire 3
is navigated by using the arrow keys. He explained that the fire will grow, and if command is 4
making the right decisions about when to apply water and making other correct decisions, the 5
fire will diminish. 6
7
Fire Chief Zikmund explained there are not enough actual incidences for practice and the Fire 8
Department must make up for deficiencies through training. He said they traveled to Orlando 9
and spent a day with the simulator. He said it will also something that could be “sold” to other 10
local fire departments. He said that Hennepin Technical College is using a low-grade version of 11
the software which he believes is not the same. He said this software is as close to the real thing 12
as is possible. 13
14
Fire Chief Zikmund stated the owner of this software is not new to the emergency services. Fire 15
Chief Zikmund said he is convinced that the product is solid, that does not require a lot of 16
technical support, and that the Department’s technical support staff member has spent time with 17
the creator of the software. He said this simulator was envisioned from the beginning with the 18
building, technology, and now this is the software to run it. He added that the software was not 19
proposed earlier due to budget constraints. He stated that there is now $100,000 available in the 20
budget. 21
22
Fire Chief Zikmund spoke regarding the computers and said they were straightforward except 23
they had not been put out to bid. He explained that the computers were bid by the person who 24
has been working with the network in the Department for the last 10 years. He said it was a bit 25
more expensive, but said that it is worth it to keep the same person working on the computers 26
who knew the system. 27
28
Fire Chief Zikmund said they received five bids for furniture, all of which were state-approved 29
bids, that they added tax (which was not included in the original tax), and that Hendrickson 30
Office Group cam in the lowest, even with the tax. He stated the bid is $8,568. 31
32
MOTION/SECOND: GUNN/FLAHERTY. Resolution 6838, A Resolution Approving Proposals 33
for Technology and Electronics Package for SBM Fire Station #3. 34
35
Acting Mayor Stigney stated the total is $353,576.01, which is within the budget for these 36
components. 37
38
Ayes – 3 Nays – 0 Motion carried. 39
40
J. Resolution 6826 Approving the Plans and Specifications and Authorizing the 41
Advertisement for Bids and Setting a Bid Date for the Medtronic Utility 42
Extension Project 43
44
Public Works Director Lee said there is one item that he wants to bring to attention, which is the 45
Mounds View City Council June 12, 2006
Regular Meeting Page 15
existence of two alternates available for the extension of the sanitary sewer on the Medtronic site. 1
He said that the way the plans inspector put it together, there was a base bid that is Medtronic’s 2
preferred alignment, which was indicated on the diagram Public Works Director. He said a 3
concrete casing was discovered, which was highlighted on the diagram in yellow, and if it is 4
usable, it would reduce the cost of the sewer extension by about $75,000. He said there would to 5
be jacking under the ditch for Medtronic to be able to use it. He said the City is continuing to 6
meet with Medtronic to discuss. 7
8
Public Works Director Lee stated Staff is recommending the passing of Resolution 6826 and 9
setting up a meeting with Medtronic to discuss a bid date. 10
11
MOTION/SECOND: FLAHERTY/GUNN. To waive the reading and adopt Resolution 6826, A 12
Resolution Approving the Plans and Specifications and Authorizing the Advertisement for Bids 13
and Setting a Bid Date for the Medtronic Utility Extension Project. 14
15
Ayes – 3 Nays – 0 Motion carried. 16
17
K. Resolution 6839, Resolution to Approve a Charitable Gambling Permit for 18
the Lake Region Hockey Association to conduct Charitable Gambling at 19
Moe’s located at 2400 Highway 10. 20
21
Assistant to the City Administrator Crane stated that The Lake Region Hockey Association, a 22
non-profit charitable organization, would like to hold charitable gambling on a permanent basis 23
at Moe’s (formerly known as Jake’s Sports Café) located in the City of Mounds View. She 24
explained that The Lake Region Hockey Association is a charitable organization to help in 25
funding youth hockey to include Irondale Youth Hockey and Mounds View Youth Hockey 26
programs. 27
28
Assistant to the City Administrator Crane stated that the Lake Region Youth Hockey Association 29
is located in Roseville, and they have more than 30 active members. She noted that this meets 30
the requirements of the Mounds View City Code. She said a list of current members is on file 31
with the City. 32
33
Assistant to the City Administrator Crane stated that the Gambling Control Board requires that 34
local unit of government (city or count) pass a resolution specifically approving or denying the 35
Premises Permit Application. She stated this resolution (approving or denying the application) 36
must be voted on and the resolution forwarded to the Minnesota Gambling Control Board. 37
38
Assistant to the City Administrator Crane stated that Staff recommends approval of the Premise 39
Permit to permit Charitable Gambling for Lake Region Hockey Association at the location stated 40
above. 41
42
Councilmember Flaherty asked if Moe’s opened today. 43
44
MOTION/SECOND: FLAHERTY/GUNN. To waive the reading and adopt Resolution 6839, A 45
Mounds View City Council June 12, 2006
Regular Meeting Page 16
Resolution Approving a Charitable Gambling Permit for the Lake Region Hockey Association to 1
conduct Charitable Gambling at Moe’s located at 2400 Highway 10. 2
3
Ayes – 3 Nays – 0 Motion carried. 4
5
L. First Reading and Introduction of Ordinance 773 Amending the Zoning 6
Code Relating to Landscaping, Fences and Retaining Walls 7
8
Director Ericson stated this is a first reading of an ordinance that would amend the zoning code 9
relating to definitions, which do not currently exist, and adding language under 1103 regarding 10
fences and adding language relating to retaining walls and prohibited materials. 11
12
Director Ericson explained that the Council asked the Planning Commission to consider adding 13
language and the Commission suggested adding language and making changes regarding 14
setbacks. He said the Commission did adopt a resolution, which defined retaining walls and 15
added definitions regarding landscaping and addressed issues regarding the setback issue. 16
17
Director Ericson summarized the changes would add definitions to landscaping and retaining 18
walls as follows: 19
LANDSCAPING: The aesthetic and physical improvement of land by the addition of berms, 20
trees, shrubs, ground cover, crushed rock, wood chips, retaining walls and other functional, 21
ornamental, or decorative features. 22
23
RETAINING WALL: A wall or structure constructed of stone, concrete, woo, or other 24
materials, use to retain soil or as slope transition, or edge of a planting area. 25
26
Director Ericson stated that under 1103.08, in the area discussing fencing, there was an addition 27
which now reads: 28
A fence or retaining wall shall be installed on the applicant’s property. The fence or 29
retaining wall shall not be installed directly over the property line. 30
31
Director Ericson noted that at the bottom of page 2 of the report, there said on the bottom of page 32
2, under Subdivision 7, there was an addition of prohibited materials, which now reads: 33
a. Barbed Wire, razor wire, or other materials which could cause bodily harm shall be 34
prohibited and no fence or property shall be wired and designed to conduct and 35
emit an electrical charge, except as allowed for below. 36
b. Exceptions: Facilities providing essential services or municipal governmental services 37
may erect barbed wire or other materials having a similar deterrence, upon notice 38
to properties within 350 feet and upon approval of the City Council. 39
40
He explained that essential services such as a water supply or something similar that needs 41
protection would require notification. He said that it allows for barbed wire or the like to be used 42
for a homeland security issue. 43
44
Director Ericson said that a Public Hearing would occur during the next meeting on June 26. 45
Mounds View City Council June 12, 2006
Regular Meeting Page 17
1
Brian Edmonson, 3048 Wooddale Drive, stated he is here because he believes there are two areas 2
of concern. He said that 1104.01, Subdivision 5, which still refers to a terrace or “similar 3
structure” and can cause confusion. He questions what is considered an encroachment and the 4
issue of setbacks and believes that the current language does not specify whether or not retaining 5
walls are allowed on the property line. He believes that it would be more clear if “retaining 6
walls” were added to the 1104.01, Subdivision 5. 7
8
Mr. Edmonson stated the other piece he believes is short of information is protection if a 9
retaining wall is built too high. He said at the back of a property there is a retaining wall nearly 10
6-7 feet high and if a person were to step off, they could be injured. He stated he believes there 11
should be some place that the City requires a protective fence. He said it would help 1104.01, 12
Subdivision 5, was clarified and specifies setbacks. He also stated he questions the phrase 13
“similar structures.” He stated that, regarding his issue, he built 2 additional feet on his fence. 14
15
Director Ericson said the Planning Commission considered a necessity for terraces in the 16
definition and in the opinion of the Planning Commission that the present definition is adequate. 17
He said the Council could make the determination whether or not the word “terrace” needs a 18
different definition. He said the Planning Commission is comfortable with the way the word 19
Terrace has been applied. He said the Planning Commission felt it was not a necessity to make a 20
modification. 21
22
Director Ericson stated, regarding the retaining walls, the Planning Commission felt that in many 23
cases something would be warranted, but it was not necessary to put it in as a code requirement. 24
He said that it is in the City’s best interest to put in rails or warnings if the City is putting in a 25
high retaining wall and that the City has done so in the past. He explained it is not something the 26
Planning Commission believes citizens need to put in their own yards to protect themselves from 27
falling off their own property. 28
29
Councilmember Flaherty said this does stem from the Edmonson’s property and it did come from 30
the change in elevation from the Edmonson’s neighbors. He said the neighbors elevated their 31
property and it is an issue of privacy and security. He asked if the Planning Commission has 32
addressed this issue. 33
34
Director Ericson replied that the amendment does not address a change in elevation. He said if 35
the grade change would mean changes to storm water, the City would be involved, but said that 36
unless that happens, there would be no City involvement. 37
38
Councilmember Flaherty asked if there is no specific limit to the height of a retaining wall and 39
asked if a car could sit up on top of a retaining wall, looking over the neighbor’s fence. He asked 40
if Director Ericson could address such a scenario while making changes to the ordinance. 41
42
Director Ericson explained that when they looked at codes from other communities and did 43
research, no other municipality had any restriction on retaining walls. He said there are areas in 44
Northeast Minneapolis where there are 20-foot retaining walls in order to hold back soil instead 45
Mounds View City Council June 12, 2006
Regular Meeting Page 18
of building up property. 1
2
Director Ericson said that while Mounds View is relatively flat, there are some areas that could 3
need higher walls. He noted it would be hard to imagine six to eight foot high retaining walls 4
and doubts anyone would install a frivolous retaining wall. He said it is expensive to put in a tall 5
retaining wall. He explained that the Planning Commission could do some research into heights, 6
but the Planning Commission does not believe it is important to regulate the height at this time. 7
8
MOTION/SECOND: FLAHERTY/GUNN. To approve the First Reading and Introduction of 9
Ordinance 773 Amending the Zoning Code Relating to Landscaping, Fences and Retaining 10
Walls. 11
12
Ayes – 3 Nays – 0 Motion carried. 13
14
M. Resolution 6841 Approving the Communications Coordinator to attend the 15
NATOA Conference in Florida. 16
17
Administrator Ulrich stated that this item was reviewed and discussed at the June 5th Council 18
work session. He said it is requested that consideration be given to authorizing Communications 19
Coordinator Kimberly Blackford to attend the National Association of Telecommunications 20
Officers and Advisor’s (NATOA) annual conference August 22 – 25, 206 in Florida. 21
22
Administrator Ulrich stated the item has been budgeted in the 2006 budget as $1,000 and the 23
North Suburban Cable Commission has agreed to pay the tuition of $495. 24
25
MOTION/SECOND: GUNN/FLAHERTY. To waive the reading and approve Resolution 6841, 26
A Resolution Approving the Communications Coordinator to attend the NATOA Conference in 27
Florida. 28
29
Acting Mayor Stigney asked about the expenses that are included in the budget and asked how 30
much they anticipate the cost of the conference. Administrator Ulrich stated that the total cost, 31
including tuition, is about $1,200 - $1,300. 32
33
Acting Mayor Stigney stated his opinion is that to send a new employee, a probationary 34
employee, to Florida is an unnecessary expense for taxpayers. He said it is a frivolous expense 35
and he does not support it. 36
37
Councilmember Gunn said that the employee cannot help the date of the conference, versus her 38
date of hire. She said if this were a two or three year employee, there would be no question. She 39
stated she believes the Council needs to give the employee every opportunity to build skills. 40
41
Acting Mayor Stigney said that he supports any opportunity for the employee to go to local 42
conferences, but does not believe the Council should spend the money on a national conference. 43
44
Ayes – 3 Nays – 1 (Stigney) Motion failed. 45
Mounds View City Council June 12, 2006
Regular Meeting Page 19
1
It was noted that three affirmative votes are required for approval of this item. 2
3
N. Resolution 6849 Resolution Authorizing Severance Package for William 4
Hanggi, Mounds View Public Works Lead Utility Worker. 5
6
Assistant to the City Administrator Crane stated that William Hanggi has retired from the 7
Mounds View Public Works Department effective May 31, 2006 and Resolution 6849 authorizes 8
severance payment to William Hanggi. She stated these payments are in accordance with the 9
Mounds View Personnel manual and the current Public Works Bargaining Agreement. 10
11
Assistant to the City Administrator Crane stated that Resolution 6849 provides a cash payout for 12
Mr. Hanggi’s compensatory time hours of $1,212 (50 hours comp time x $24.24 hourly wage). 13
She explained that this is in accordance with the current Public Works Collective Bargaining 14
Agreement. 15
16
Assistant to the City Administrator Crane stated that Resolution 6849 provides a payout of Mr. 17
Hanggi’s vacation hours. She stated that in accordance with the current Public Works Collective 18
Bargaining Agreement, Mr. Hanggi is eligible to contribute accrued vacation time towards the 19
Retirement Health Savings Plan. She explained this is calculated as 302.19 hours times his 20
hourly salary of $24.24, which equates to $7,325.09 contribution to the Retirement Health 21
Savings Plan. 22
23
Assistant to the City Administrator Crane stated Resolution 6849 also provides for a payout of 24
Mr. Hanggi’s sick time. She stated that in accordance with the Public Works Collective 25
Bargaining Agreement, he is eligible to contribute 65% of his accumulate and banked sick leave 26
for contribution to the employee Retirement Health Savings Plan. She stated this is calculated as 27
973.16 accrued/banked sick hours times 65% times his hourly rate of $24.24. She explained this 28
comes to $15,333.01 to be contributed to the Retirement Health Savings Plan. 29
30
Assistant to the City Administrator Crane stated that Staff recommends severance payment and 31
contribution to the Retirement Health Savings Plan for William Hanggi in accordance with the 32
City’s Personnel Manual and current Public Works Collective Bargaining Agreement. She 33
explained that this Severance Package may be adjusted at a later date pending the ratification of 34
the 2006 – 2007 Public Works Contract. She stated that if the Severance Package is adjusted, 35
then it will be presented at a City Council meeting with approval by Resolution. 36
37
Councilmember Flaherty stated that every time this issue comes up, he asks if anybody ever takes 38
sick hours and wondered if it was more like a savings account. He stated people retire and have 39
large amounts of hours accrued in sick time and he can’t believe that nobody gets sick. 40
41
Administrator Ulrich stated that Mr. Hanggi was a 33-year employee, that the contracts were 42
negotiated to only allow 50% of a maximum of 960 hours. Mr. Hanggi is the last of the Public 43
works employees to be grandfathered in at the higher 65% rate. 44
45
Mounds View City Council June 12, 2006
Regular Meeting Page 20
Finance Director Beer said these types of payout are the exceptions and that Mr. Hanggi is the 1
last of the Public Works employees who are eligible for the 65% and the rest are covered by 50% 2
of up to 960 hours. 3
4
MOTION/SECOND: GUNN/FLAHERTY. To waive the reading and adopt Resolution 6849, A 5
Resolution Authorizing Severance Package for William Hanggi, Mounds View Public Works 6
Lead Utility Worker. 7
8
Acting Mayor Stigney stated Mr. Hanggi will be missed and congratulated him on his retirement. 9
10
Ayes – 3 Nays – 0 Motion carried. 11
12
O. Resolution 6844 Appointing Mike Schnur as the Lead Utility Worker and 13
Authorizing the Advertisement for the Vacancy in the Water Division of the 14
Public Works Department 15
16
Public Works Director Lee said with the retirement of Mr. Hanggi, there is a vacancy. He said 17
the position was advertised in the Pioneer Press, Star Tribune and Mounds View/New Brighton 18
Bulletin. He said there were six applicants and only one met the requirement of having a Class B 19
license. He said that Mr. Schnur was the only applicant who met the requirement and that he is 20
already a City employee. He requested the appointment be made as of June 1st since Mr. Schnur 21
has been acting as the Lead Worker since then. He said based on the Public Works Collective 22
Bargaining Unit contract, the pay for this position would be $24.24 an hour. 23
24
MOTION/SECOND: FLAHERTY/GUNN. To waive the reading and adopt Resolution 6844, A 25
Resolution Appointing Mike Schnur as the Lead Utility Worker and Authorizing the 26
Advertisement for the Vacancy in the Water Division of the Public Works Department. 27
28
Ayes – 3 Nays – 0 Motion carried. 29
30
The Mounds View City Council recessed at 8:50 p.m. 31
The Council resumed the meeting at 8:53 p.m. 32
33
P. Resolution 6845 Approving Change Orders No. 27 through 30 for the City 34
Hall Rehabilitation Project 35
36
Public Works Director Lee said the City has submitted Change Orders 27 through 30 for 37
approval. He said at the last meeting, there were several questions regarding the City Hall 38
project. He explained that an automatic door opener in the front entry way is not required by the 39
Americans with Disabilities Act (ADA), and that it should be easy to open, but quotes will be 40
requested for the re-installation of the automatic door. 41
42
Public Works Director Lee stated that the consultant indicated that to go with a matching stacked 43
brick option in the front of the City Hall would have cost the City an additional $4,000. 44
45
Mounds View City Council June 12, 2006
Regular Meeting Page 21
Public Works Director Lee addressed the issue of the gate that was not included and stated there 1
was an additional cost incurred by the City. He stated Staff is recommending approval of Change 2
Orders 27 through 30 and is looking for direction. 3
4
Acting Mayor Stigney stated the automatic door openers were taken out and that SEH said it was 5
decided not to include them because of cost issues. He said not including the automatic doors is 6
not a cost-saving issue, it is an issue of it being accessible to those in wheelchairs. He explained 7
someone made a blunder, because the doors open out instead of in and that the automatic doors 8
should be re-installed at SEH’s costs. 9
10
Acting Mayor Stigney addressed the front vestibule and stated that it is a problem because it 11
looks different than the rest of the City Hall. He stated that as far as the $4,000 is concerned, 12
someone should have addressed the issue of the bricks matching before it was done. He stated 13
that he believes the architect or whomever made the decision should make the corrections 14
without charge. 15
16
Acting Mayor Stigney also said the front of the chambers look bad and asked who authorized the 17
new front. He asked how it came about. He stated it is his opinion that all they needed was 18
wheelchair access and now they got the entire new front. He asked that the people who made the 19
mistake fix it. 20
21
Councilmember Flaherty agreed with Acting Mayor Stigney, particularly with the bricks on the 22
front vestibule that do not match. He said of course the Council wanted it to match and believes 23
it is something that could be taken care of, or at least considered. He asked if the City still has 24
the automatic doors, and Public Works Director Lee said he does not know. He said they were 25
eliminated because they were a cost saving measure and because they cost a lot to maintain. 26
27
Councilmember Gunn said she cannot believe the automatic doors are not require. Acting Mayor 28
Stigney said the current doors might minimally meet the standard, but the City is taking a step 29
back without the automatic doors. Public Works Director Lee responded he will look into what 30
happened to the doors and get a quote. 31
32
Councilmember Flaherty said that he is bothered that the Council may have change orders that 33
will eventually equal the original amount. Acting Mayor Stigney asked when it will stop, and 34
stated he believes the additional costs will end at $1.6 million, which was originally proposed. 35
36
Public Works Director Lee stated that in the packet there are all outstanding Change Orders and 37
that it should be a complete list. 38
39
Councilmember Flaherty asked Public Works Director Lee to look into the automatic doors, 40
whether the City still has the old ones, and if they will get bids for new ones. He said he would 41
not have voted for it as a “cost saving measure” 42
43
MOTION/SECOND: FLAHERTY/GUNN. To waive the reading and adopt Resolution 6845, A 44
Resolution Approving Change Orders No. 27 through 30 for the City Hall Rehabilitation Project. 45
Mounds View City Council June 12, 2006
Regular Meeting Page 22
1
Acting Mayor Stigney stated that he believes the architect, designer, or whomever made the 2
mistake should come back and fix it themselves. Councilmember Gunn replied that the Change 3
Orders refer to other things. Acting Mayor Stigney said that, as he said before, there needs to be 4
an ending point and that the architect should fix things at their cost. 5
6
Councilmember Gunn asked if Acting Mayor Stigney will vote no on all of them, for example 7
the fire extinguisher. Acting Mayor Stigney replied that with they way they are presented, he 8
would vote against them unless someone wants to separate them out. Acting Mayor Stigney said 9
he did not vote for the last batch of changes either. 10
11
Councilmember Gunn stated her support to postpone action until the next Council meeting 12
because she believes they need to be brought before a full Council. 13
14
Acting Mayor Stigney asked if they need three affirmative votes to pass, and Administrator 15
Ulrich said yes. 16
17
Councilmember Flaherty WITHDREW MOTION to approve and Councilmember Gunn 18
withdrew her second. 19
20
MOTION/SECOND: FLAHERTY/STIGNEY. To postpone consideration of Resolution 6845, 21
A Resolution Approving Change Orders No. 27 through 30 for the City Hall Rehabilitation 22
Project until next Council meeting. 23
24
Ayes – 3 Nays – 0 Motion carried. 25
26
Q. Resolution 6847 Approving Change Order No. 1 for the Random Park 27
Building Replacement Project 28
29
Public Works Director Lee said that on May 22nd, Staff presented a proposal to add a sprinkler to 30
Random Park building. He stated that Change Order No. 1 includes the sprinkler system itself, a 31
4-inch water system to support the sprinkler system itself, and a one-inch domestic water service 32
line. 33
34
Public Works Director Lee stated the quote is now $52,322.55 which is about $8,980 more than 35
was quote on May 22nd. He stated the original quote did not include restoration of Long Lake 36
Road or traffic control entering the park and making the connection to the 12 inch main on Long 37
Lake Road. 38
39
Public Works Director Lee said the quote did not include a post-indicator valve which is located 40
on outside of building nor a one-inch service line and that the current 3/4-inch. He said it did not 41
include 1”service line, and that that current 3/4” –inch line would not accommodate the current 42
toilets. He said it makes sense to put in 1’ service line. He explained that the original $4,000 fee 43
was negotiated down to $2,500. He stated staff is recommending approval. 44
45
Mounds View City Council June 12, 2006
Regular Meeting Page 23
Councilmember Flaherty said that this request took the City by surprise. He said that this should 1
have been caught and asked if there is any work the City can do itself, rather than having it 2
contracted. Public Works Director Lee replied that Staff looked into the possibility and the 3
major cost is the excavation and that the City could not do it any cheaper. 4
5
Councilmember Flaherty asked if the City is qualified to do it, and Public Works Director Lee 6
said yes. Councilmember Flaherty asked if the City could do it, and Public Works Director Lee 7
said that it would cost just as much. 8
9
Public Works Director Lee stated the contractor could do it more efficiently than the City. 10
Councilmember Flaherty said it will cost time, but is wondering if the City can reduce 11
expenditure by using City employees and not have the complete expenditure by contracting. 12
13
Public Works Director Lee replied that it will cause delays in the building and that Staff can look 14
into it and inform the Council about what will not get done. He said that City crews would be 15
pulled off other projects if they were asked to also do the Random Park project. He said even 16
considering the possibility of the City doing it, it would cause a delays in other projects. 17
18
MOTION/SECOND: GUNN/FLAHERTY. To waive the reading and adopt Resolution 6847, A 19
Resolution Approving Change Order No. 1 for the Random Park Building Replacement Project. 20
21
Acting Mayor Stigney commented that rather than pumping $52,000 into Random Park for the 22
sprinkler system, the Council should be looking at the code because the Council has made a more 23
restrictive requirement and that he does not support putting money into project. 24
25
Ayes – 2 Nays – 1 (Stigney) Motion failed. 26
27
It was noted that three affirmative votes are required for approval of this item. 28
29
Councilmember Flaherty asked what happens next. Finance Director Beer asked Acting Mayor 30
Stigney if he would consider a modified resolution. Public Works Director Lee pointed out that 31
the contractor could file damages against the City and that they are losing patience. 32
33
Administrator Ulrich asked what are the consequences. 34
35
Acting Mayor Stigney said it is understandable, and that the City needs to look at changing the 36
requirement. 37
38
Councilmember Flaherty asked how the Council brings this issue back. Administrator Ulrich 39
said it would have to be brought back and be reconsidered on the next agenda. 40
41
Councilmember Flaherty asked what it does to the contract. Public Works Director Lee stated 42
that the contractor would be allowed to finish the building and it would have to be retroactively 43
fitted with sprinklers. He said the contractor may be able to wait a few weeks. He said the 44
current contractor could finish without sprinklers on their time schedule. 45
Mounds View City Council June 12, 2006
Regular Meeting Page 24
1
Councilmember Gunn asked how the Council can bring this issue back. Administrator Ulrich 2
said it needs to be a motion to reconsider on the next agenda and either Councilmember Gunn or 3
Councilmember Flaherty could bring it back for consideration. 4
5
8. CONSENT AGENDA 6
7
Councilmember Flaherty asked to remove Items B, G, and J. 8
9
A. Licenses for Approval 10
B. Resolution 6842, Approving a Revision to Larry Siluk’s Severance Package. 11
C. Resolution 6850 Appointing North Suburban Cable Commission Alternate 12
Member 13
D. Set a Public Hearing for Monday, June 26, 2006 at 7:05 pm to Consider the 14
Second Reading and Adoption of Ordinance 773 Amending the Zoning Code 15
Relating to Landscaping, Fences and Retaining Walls 16
E. Set a Public Hearing for Monday, June 26, 2006 at 7:10 pm to Consider a 17
Rezoning Request Submitted by Integra Homes Relating to the Properties at 18
2901 and 2925 County Road 10 and the West Half of 8060 Groveland Road 19
to R-3, Medium Density Residential 20
F. Set a Public Hearing for Monday, June 26, 2006 at 7:15 pm to Consider a 21
Conditional Use Permit for Midwest Motor Express Located at 2169 22
Mustang Drive. 23
G. Resolution 6843 Accepting the Donation of Children’s Play Apparatus from 24
YMCA for the Community Center. 25
H. Resolution 6846 Awarding a Construction Contract for the Hidden Hollow 26
South Street and Utility Installation Project 27
I. Resolution 6827 Authorization to hire Justin Solberg as Part Time Public 28
Service Officer for the Police Department. 29
J. Resolution 6851 Authorization to Purchase a Replacement Squad Car for a 30
Totaled Squad Car utilizing Payment from Progressive Insurance 31
Companies and Funds from the Vehicle and Equipment Fund. 32
33
MOTION/SECOND: GUNN/STIGNEY. To Approve the Consent Agenda as amended. 34
35
Ayes – 3 Nays – 0 Motion carried. 36
37
B. Resolution 6842, Approving a Revision to Larry Siluk’s Severance Package. 38
39
Councilmember Flaherty explained he pulled Item B but has no questions. 40
41
MOTION/SECOND: FLAHERTY/GUNN. To waive the reading and adopt Resolution 6842, A 42
Resolution Approving a Revision to Larry Siluk’s Severance Package. 43
44
Acting Mayor Stigney said it is an additional payout per the agreement. 45
Mounds View City Council June 12, 2006
Regular Meeting Page 25
1
Ayes – 3 Nays – 0 Motion carried. 2
3
G. Resolution 6843 Accepting the Donation of Children’s Play Apparatus from 4
YMCA for the Community Center. 5
6
Councilmember Flaherty explained he removed Item G because of the time frame. 7
8
Administrator Ulrich said the playground was supposed to be moved this week or next and said 9
he did not know when it would be moved. He said he would check and report back. 10
11
Councilmember Flaherty would like to thank the YMCA for the gift. He explained that new, it 12
would cost $9,000 – $12,000. 13
14
MOTION/SECOND: FLAHERTY/GUNN. To waive the reading and adopt Resolution 6843, A 15
Resolution Accepting the Donation of Children’s Play Apparatus from YMCA for the 16
Community Center. 17
18
Ayes – 3 Nays – 0 Motion carried. 19
20
J. Resolution 6851 Authorization to Purchase a Replacement Squad Car for a 21
Totaled Squad Car utilizing Payment from Progressive Insurance 22
Companies and Funds from the Vehicle and Equipment Fund. 23
24
Councilmember Flaherty asked Police Chief Sommer for a report. 25
26
Police Chief Sumner stated the patrol car was totaled on County Road 10 and Edgewood. He said 27
the other driver’s insurance company would accept 100% of the liability for the damage and will 28
cover cost of the squad car and removing police equipment and installing it onto another car. He 29
explained that the car will cost $12,000 and equipment is $3,000. He said that Superior Ford will 30
offer a new squad car at a cost of $23,000. He stated Staff recommends it be replaced with 31
funding from the insurance company and $11,000 from vehicle and equipment fund, which will 32
return the fleet to its previous operational number. 33
34
Councilmember Flaherty asked if officer was hurt and Chief Sommer said yes, but the officer 35
was not hospitalized. He said the Officer is still receiving follow-up care. 36
37
Acting Mayor Stigney asked if anyone has checked the blue-book value of the car. Chief 38
Sommer said that it is the blue-book value of the car and that vehicles do depreciate quickly in 39
the first few years. Chief Sommer said that $12,000 is the cost of the car as determined by the 40
blue-book. 41
42
Acting Mayor Stigney asked if it was the blue book value as determined by the insurance 43
company or by blue book. Chief Sommer responded it is his understanding that it is an accurate 44
figure. He stated it is the insurance company’s offer. Administrator Ulrich said that the City 45
Mounds View City Council June 12, 2006
Regular Meeting Page 26
should determine the value. 1
2
Acting Mayor Stigney asked if tax value was included and Police Chief Sommer said that the tax 3
value is not included. Acting Mayor Stigney said it is his understanding that the insurance 4
company should pay for the replacement value including 6% tax. Acting Mayor Stigney said he 5
wants to make sure the City is getting a fair deal 6
7
Public Works Director Lee said the insurance company could debate if they wanted to pay the 8
entire value and Acting Mayor Stigney asked what 100% of the loss is. Police Chief Sommer 9
said he could try and re-negotiate with the insurance company but pointed out that the current 10
offer is the best he can get with the insurance company since he has already negotiated with him. 11
12
Acting Mayor Stigney asked if the City’s insurance company has negotiated with the other 13
insurance. Police Chief Sommer said that the City has a $25,000 deductible and will not 14
negotiate with the other insurance company. Police Chief Sommer said that it is the City’s 15
responsibility. 16
17
Finance Director Beer said he would ask the City’s insurance to look into the situation. Police 18
Chief Sommer said he has met with the City’s agent and the deductible is higher than the value 19
of the vehicle. 20
21
Chief Sommer stated he would like approval to move forward with the understanding that if it is 22
under-valued it will be re-negotiated. He said that there would be a stipulation that it would be 23
re-negotiated. 24
25
MOTION/SECOND: STIGNEY/FLAHERTY. To adopt Resolution 6851, A Resolution 26
Authorization to Purchase a Replacement Squad Car for a Totaled Squad Car utilizing Payment 27
from Progressive Insurance Companies and Funds from the Vehicle and Equipment Fund subject 28
to staff checking whether the settlement is fair and look at the tax issue before accepting 29
insurance payout. 30
31
Ayes – 3 Nays – 0 Motion carried. 32
33
9. JUST AND CORRECT CLAIMS 34
35
Councilmember Flaherty asked about page 13 and the amount of shredding that is done. 36
Administrator Ulrich replied that quite a bit of shredding is done and that the shredding company 37
does large-volume, cross-cut shredding. 38
39
Police Chief Sommer said the service picks up the documents which are shredded onsite. He 40
said a staff member accompanies the shredding company to the shredding. Police Chief Sommer 41
said a high-powered shredder and maintenance would cost a couple thousand dollars and that it is 42
about an equal cost. 43
44
Mounds View City Council June 12, 2006
Regular Meeting Page 27
Councilmember Flaherty said he can justify the documents from the police department being 1
shredded by an outside company, especially considering staff time. 2
3
Councilmember Flaherty addressed page 14, Spring Lake Auto, asking about a squad car repair. 4
Police Chief Sommer replied that it was body damage from another squad car accident. Acting 5
Mayor Stigney asked about particulars and Police Chief Sommer said it was an accident 6
involving an officer who was checking a building and hit a post going around the building. 7
8
Acting Mayor Stigney asked about page 7, advertising on the internet for $51.16. Finance 9
Director Beer replied that it is internet access for the anyone who uses the banquet facilities. 10
Acting Mayor Stigney asked if the costs was high, and Finance Director Beer said it is Comcast 11
internet and it is expensive. 12
13
Acting Mayor Stigney asked that if all internet was free in the City buildings, why it cannot be 14
hooked up in the banquet room. Finance Director Beer replied that it would have to be allowed 15
behind the City firewall and that is not a good idea. 16
17
Acting Mayor Stigney asked about an item on page 9 for the arms for chairs, and Police Chief 18
Sommer replied the chairs were not ordered with arms and they needed to be added. He said it 19
would come out of the Police Department budget, not project costs. 20
21
MOTION/SECOND: GUNN/STIGNEY. To approve the Just and Correct Claims as Presented. 22
23
Ayes – 3 Nays – 0 Motion carried 24
25
10. APPROVAL OF MINUTES 26
27
A. May 22, 2006 City Council Meeting Minutes 28
29
MOTION/SECOND: FLAHERTY/GUNN. To Approve the May 22, 2006 City Council 30
meeting minutes as presented. 31
32
Ayes – 3 Nays – 0 Motion carried. 33
34
11. REPORTS 35
36
A. Reports of Mayor and Council 37
38
Acting Mayor Stigney reminded viewers about the street meeting June on 15th that will be 39
broadcast live on Channel 16 and open to the public in the City Council Chambers. He said it 40
will also be rebroadcast. He said it will deal with reconstruction with streets, even those not on 41
the agenda, and will answer many questions. 42
43
Councilmember Flaherty addressed an e-mail from a resident regarding recreation fires. The 44
resident said he is disappointed that Mounds View allows open burning of trash, furniture, and 45
Mounds View City Council June 12, 2006
Regular Meeting Page 28
wood. He said there are ordinances and if there is burning that is not allowed, to please contact 1
the City. Councilmember Flaherty said he wanted to bring it to the attention of the City and 2
Police that there are these kinds of things going on. 3
4
Administrator Ulrich invited Councilmembers to attend the Ramsey County League of Local 5
Governments meeting. 6
7
Administrator Ulrich said the bill regarding the Cable Access Channel passed last week. He 8
mentioned that Representative McCullum did vote against it, but it passed with a large margin. 9
He stated there will be an update. 10
11
B. Reports of Staff 12
13
None. 14
15
1. Police Department Quarterly Report 16
17
Police Chief Sommer said that during the time of the report, January – March 2006, the 18
Department was based out of the Ramsey County Sheriff’s Office Arden Hills during the City 19
Hall/Police Department was remodeled. 20
21
Police Chief Sommer said the department received 1559 calls to the 911 service which was close 22
to the number received last year during the same time. He said the department issued a total of 23
603 driving citations, which consisted 275 court citations, and 328 administrative citations. He 24
explained there were 130 cases assigned for further follow-up with investigators. 25
26
Police Chief Sommer said there were 382 crime reports of more serious crimes. He stated that 27
90 of those were theft or fraud, which remain the most common type of crime. He said DWI and 28
other accidents with criminal activity are the second most common, and that damaged property 29
and trespass violations are the third most common crimes. 30
31
Police Chief Sommer gave a report from the School Resource Officer in Edgewood Middle 32
School, which funded by School District. He stated Officer Kirk Leach who will be moving into 33
a role as an investigator and the school position will be open for another officer assignment. 34
35
Police Chief Sommer gave a report from the Crime Prevention Officer, which listed courses 36
received by City staff members. He addressed a grant that was received from MNDot for officers 37
to do extra shifts enforcing traffic. He stated the current concentration if for seatbelt violations. 38
Next year, Chief Sommer said the department is looking to combine efforts with the New 39
Brighton, Roseville, and Ramsey County Sheriff’s Departments. 40
41
Police Chief Sommer stated that Ramsey County’s 800 Megahertz system will begin testing in 42
Mounds View in next month or so. He stated that the Police Department will be one of the first 43
to make the transition to the new system and it will occur as soon as it is offered. He said it will 44
Mounds View City Council June 12, 2006
Regular Meeting Page 29
take about a year to transition all cities to the new system and St. Paul will be the last. Police 1
Chief Sommer also stated that he attached a financial report from first quarter. 2
3
Acting Mayor Stigney commented that he noticed zero noise complaints from January – March, 4
but there were noise complaints from citizens about Robert’s Sports Bar who spoke earlier. 5
Chief Sommer stated he will note the complaints on the next report. 6
7
Acting Mayor Stigney said at the last work session, they discussed window treatments, and noted 8
that Associate Heller saved $142 by re-bidding. Acting Mayor Stigney commended Associate 9
Heller for her work. 10
11
12. Next Council Work Session: Monday, July 17, 2006, at 7 p.m. 12
Next Council Meeting: Monday, June 26, 2006, at 7 p.m. 13
14
13. ADJOURNMENT 15
16
The meeting was adjourned at 9:44 p.m. 17
18
Transcribed by: 19
20
Lauren McKay 21
TimeSaver Off Site Secretarial, Inc. 22