HomeMy WebLinkAboutAgenda Packets - 2006/07/10
CITY OF MOUNDS VIEW
CITY COUNCIL MEETING AGENDA
MOUNDS VIEW CITY HALL
Monday, July 10, 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 and Consideration of Resolution 6875 Approving an Interim Use Permit (IUP)
for a Billboard at 2200 County Road 10
B. 7:10 pm Public Hearing and Consideration of Resolution 6876 Approving an Interim Use Permit (IUP)
for a Billboard at 5201 Program Avenue
C. 7:15 pm Public Hearing to Consider Second Reading and Adoption of Ordinance 775 Vacating an
Excess Highway Easement Associated with the Hidden Hollow South Major Subdivision.
D. 7:20 pm Public Hearing to Consider Resolution 6859 an Outdoor Liquor Consumption Endorsement
for Moe’s located at 2400 Highway 10 in Mounds View.
E. 7:25 pm Public Hearing to Consider an Appeal of a Variance Denial for 2,468 Square Feet of
Accessory Storage Space at 8135 Long Lake Road, Resolution 6878.
F. 7:30 pm Public Hearing to Consider Resolution 6879 Pertaining to a PUD Amendment at 2442
County Road 10 to Add “Print Production and Fabrication Shop” as a Permitted Use and to Add
“Attached Accessory Building” as a Permitted Accessory Use.
G. Resolution 6858, Accepting the Salary Compensation Study.
H. Resolution 6870 Approving Contract with Gov.Office to Provide Web Hosting Services
I. Resolution 6884 Adopting the Recommendations of the Charter Commission for a Charter Language
Amendment to Chapter 7 of the Mounds View Charter and Authorizing a Ballot Referendum at the
Next General Election
J. Resolution 6883 Setting an Interest Rate and Administrative Fee for Special Assessments Certified
during 2006
K. Resolution 6882 Consideration of Recommended Personnel Action with respect to Thomas
Baumgart
L. Resolution 6862 Approving Change Order No. 1 for the Random Park Building Replacement Project
8. CONSENT AGENDA
A. Licenses for Approval
B. Resolution 6869, Authorization to Enter into a Grant Agreement with the Minnesota Department of
Public Safety, Office of Traffic Safety Safe and Sober project
C. Set a Public Hearing for Monday, July 24, 2006 at 7:05 pm for the First Reading and Introduction of
Ordinance 776 adopting the Five Year Financial Plan.
D. Resolution 6872 Appointing Gerald Arel to the Parks and Recreation and Forestry Commission
E. Resolution 6873 Awarding a Construction Contract for the Silver Lake Road Sidewalk Improvement
Project
F. Resolution 6874 Approving a Letter Agreement with the firm of Bonestroo, Rosene, Anderlik, and
Associates to Assist the City with a Traffic Study of the Northwest Area of the City
City Council Agenda
July 10, 2006
Page 2
G. Resolution 6880 Approving a Contract for Weather Services for 2006-09 Winter Seasons.
H. Resolution 6877 Authorizing Wetland Map Creation and GIS Overlay Preparation
I. Set a Public Hearing for Monday, July 24, 2006 at 7:10 pm to Consider a Partial Drainage and Utility
Easement Vacation Associated with Lot 1, Hidden Hollow South
J. Set a Public Hearing for Monday, July 24, 2006 at 7:15 pm to Consider the First Reading and
Introduction of Ordinance 774, an ordinance Amending Chapters 701 and 1106 of the Mounds View
Municipal Code Pertaining to Dog Kennels
K. Set a Public Hearing for Monday, July 24, 2006 at 7:20 pm to Consider the Appeal of a
Variance Denial for a 45 Foot Tall Billboard at 2200 County Road 10
L. Set a Public Hearing for Monday, July 24, 2006 at 7:25 p.m. to Consider a Major Subdivision of 8360
Long Lake Road
9. JUST AND CORRECT CLAIMS
10. APPROVAL OF MINUTES
A. June 12, 2006 City Council Minutes
11. REPORTS
A. Reports of Mayor and Council
B. Reports of Staff
1. Report on 2345 County Road H2, Property Operated as Vino and Stogies
C. Reports of City Attorney
12. Next Council Work Session: Monday, July 17, 2006 at 7pm
Next Council Meeting: Monday, July 24, 2006 at 7pm
Item No: 7B
Meeting Date: July 10, 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 and Consideration of an Interim Use
Permit and for a Billboard at 5201 Program Avenue
Introduction:
Consistent with the recently adopted Ordinance 769, Clear Channel Outdoor has submitted a
request for an Interim Use Permit (IUP) to site a billboard at the southwest corner of Program
Avenue and Woodale Drive (the “Building A” site) which gains visibility from Interstate 35W.
This site has been identified by the City Council as a potential location for a relocated
billboard. The property is owned by RREEF American REIT II (a division of Deutsche Bank
Group) and is an international Real Estate Investment Trust with offices worldwide.
Discussion:
The City of Mounds View and Clear Channel entered into an agreement in 2005 in which
Clear Channel agreed to relocate four of its billboards from the former golf course site on
Highway 10 to make way for the Medtronic development. Clear Channel was provided two
years in which to find suitable locations elsewhere in the City to site the billboards. The
City’s role was to amend its codes and regulations to allow reasonable opportunity for the
signs to be relocated in elsewhere in the community. On May 8th of this year, after multiple
meetings held by the City Council, Ordinance 769 was adopted which expanded the
locations for billboards to properly zoned parcels (B2, B3, I1, PUD and CRP) along Highway
10, Interstate 35W, Old Highway 8 and the south side of County Road 10 south of the
Woodale Drive intersection. In addition to identifying locations, the ordinance also amended
the spacing and height requirements for billboards. The 250 foot setback from residential
land uses remained unchanged. The relocated billboards and the two billboards remaining
at the former golf course site were provided 30 year lease rights.
The following table identifies the various code requirements pertaining to billboards and
whether the requirements are satisfied with this request.
Required Proposed Satisfied?
Minimum Spacing 500 Feet 850 Feet Yes
Maximum Height 45 Feet 45 Feet Yes
Setback from Residential 250 Feet 820 Feet Yes
Property Line Setback 15 Feet 5 Feet * Yes
Maximum Sign Area 700 Sq. Feet 700 Sq. Feet Yes
Appropriate Location US 10, 35W, Old Hwy 8 or
CR10
Program Ave Yes
Appropriate Zoning B2, B3, I1, PUD, CRP PUD Yes
* The Planning Commission approved a variance for the five foot setback on July 5, 2006.
Clear Channel IUP Report
July 10, 2006
Page 2
Interim Use Permit Approval Process
The City Code indicates that an IUP be processed in a fashion identical to that of a
conditional use permit. Section 1125.01 articulates the process for approving a conditional
use permit (CUP) which is initiated by the Planning Commission’s review of the possible and
potential for adverse effects of the proposed interim use. After reviewing the possible
adverse impacts of the interim use, the Planning Commission makes a recommendation to
the City Council which holds a public hearing to consider the request. The Planning
Commission considered such effects and recommended approval of the IUP request at their
meeting on July 5, 2006.
Adverse Effects Criteria:
(1) Relationship to Municipal Comprehensive Plan.
The Comprehensive Plan does not address or contemplate the issue of billboards.
(2) The geographical area involved.
The Building A property is located at the southwest corner of the Program Avenue and
Woodale Drive. At the northwest corner of this intersection is another building owned by
RREEF, “Building G”. Both buildings house office and industrial businesses such as Owens
and Minor, Jonco Die, Alpers Organics, Trend and Liberty Enterprises. South of the site is a
building owned by CG Hill and Sons and the Bethlehem Baptist Church facility formerly
known as “Building N”.
(3) Whether such use will tend to or actually depreciate the area in which it is proposed.
It is not believed that the placement and installation of the billboard on the “Building A”
property would have a negative or depreciatory effect upon the subject property or adjoining
properties.
(4) The character of the surrounding area.
This area of Mounds View is dominated by office / warehouse and industrial uses. There is
not adjacent residential property and the closest residentially zoned lots are north of County
Road H2 at the Mounds View Manufactured Home Park, which has its own billboard on site.
(5) The demonstrated need for such use.
Based on the requirement that Clear Channel has had to remove and relocate four billboards
from the former golf course property, it can be stated that the proposed location is one of
only a few locations designated at which Clear Channel is able to site a billboard.
Clear Channel IUP Report
July 10, 2006
Page 3
In addition to the adverse effects criteria, the City Council is to also consider the General
Conditional Use Permit criteria found in Section 1125.01 Subd. 3 as part of the
consideration:
General CUP Requirements:
(1) The use will not create an excessive burden on existing parks, schools, streets and
other public facilities and utilities that serve or are proposed to serve the area.
The Installation of a billboard will not create or cause a burden to public facilities.
(2) The use will be sufficiently compatible or separated by distance or screening from
adjacent residentially zoned or used land so that existing homes will not be depreciated in
value and there will be no deterrence to development of vacant land.
It is not likely that the billboard would be visible from any residentially zoned property in the
City and that the installation of the billboard would not have a detrimental effect on the
development of vacant land in the area.
(3) The structure and site shall have an appearance that will not have an adverse effect
upon adjacent residential properties.
There are no residential properties adjacent to the “Building A” property and as such this
requirement does not necessarily apply.
(4) The use, in the opinion of the City Council, is reasonably related to the overall needs of
the City and to the existing land use.
It is assumed that the need for the proposed billboards is reasonably related to the need to
relocate four billboards from the former golf course property.
(5) The use is consistent with the purposes of the Zoning Code and the purposes of the
zoning district in which the applicant intends to locate the proposed use.
With the adoption of Ordinance 769, the proposed billboard is consistent with the purposes of
the City Code and the purposes of the zoning district in which they are to be located.
(6) The use is not in conflict with the Comprehensive Plan of the City.
The Comprehensive Plan does not contemplate or address the issue of billboards.
(7) The use will not cause traffic hazards or congestion.
The proposed billboard would not cause traffic hazards or congestion.
Clear Channel IUP Report
July 10, 2006
Page 4
(8) Adequate utilities, access roads, drainage and necessary facilities have been or will be
provided.
Access to the billboards will be gained via Woodale Drive and Program Avenue..
Based on the review of the adverse effects criteria and the general CUP requirements,
criteria, it appears to staff the proposed billboard satisfies all relevant code requirements
and regulations pertaining to billboards in the community, consistent with Ordinance 769 and
the Relocation agreement.
Public Notice:
Staff sent notices to property owners within 350 feet of the Building A property and published
a copy of the notice in the June 28, 2006 edition of the Bulletin. No residents or property
owners have contacted staff regarding the request.
Summary:
The requested Interim Use Permit appears to satisfy all Code requirements and would not
appear to cause any appreciable adverse impacts to the area in which the billboard would be
located. The Planning Commission has recommended approval of the IUP request, their
resolution is attached for the Council’s reference.
Recommendation:
Hold the public hearing and discuss the request for the IUP. Based on staff’s review and the
Planning Commission’s recommendation of approval, Resolution 6876 approving the Interim
Use Permit request has been prepared and is available for the Council’s action. If approved,
Clear Channel would then request a permit from the Minnesota department of Transportation
(MnDOT.) If additional information is necessary before action can occur, a motion to table or
postpone would be in order. If the City Council does not believe a billboard at this location
satisfies the intent of the Code requirements, staff would need to be directed to draft a
resolution of denial for action at the next Council meeting occurring on July 24, 2006
_____________________________________
James Ericson
Community Development Director
Photo Documentation
Looking south at location (Woodale Drive and Program Avenue) of Proposed Billboard.
Billboard graphic not to scale and indicative only of the proposed location of the structure.
Lease Agreement
Zoning Map
`
>
Proposed
Billboard
Location
Survey Snapshot
MOUNDS VIEW PLANNING COMMISSION
RESOLUTION NO. 847-06
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION RECOMMENDING APPROVAL OF AN INTERIM USE PERMIT (IUP)
FOR A BILLBOARD AT 5201 PROGRAM AVENUE, PLANNING CASE IU2006-002
WHEREAS, Clear Channel Outdoor has requested approval of an Interim Use
Permit to locate a billboard at 5201 Program Avenue, the site of Building “A” within the
Mounds View Business Park; and,
WHEREAS, the Building “A” site is zoned Planned Unit Development (PUD) and is
legally described as follows:
LOT 1, BLOCK 1, MOUNDS VIEW BUSINESS PARK
RAMSEY COUNTY, MINNESOTA
WHEREAS, The City of Mounds View has adopted Ordinance 769 which
amended the City Code to permit billboards as an interim use on properties adjacent to
and visible from Interstate 35W; and,
WHEREAS, the Applicant has submitted a survey depicting the location and setback
of the proposed billboard; and
WHEREAS, the Mounds View Planning Commission held a duly-noticed public
hearing on July 5, 2006; and,
WHEREAS, the Mounds View City Code requires that requires that any billboard
Interim Use Permit (IUP) application be reviewed and considered in accordance with
Section 1125.01, Subdivision 3.
NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning
Commission makes the following findings of fact relating to the Clear Channel Outdoor
application for an Interim Use Permit (IUP) for a billboard at 5201 Program Avenue:
1. The Installation of a billboard at 5201 Program Avenue would not create an
excessive burden on existing parks, schools, streets and other public facilities and
utilities that serve or are proposed to serve the area.
2. The billboard at the proposed location would not be readily visible from nearby
residentially zoned properties and would not have a detrimental effect on the
development of vacant land in the area.
Resolution 847-06
Page 2
3. The structure and site will not have an appearance that would adversely effect
adjacent residential properties in that there are no residential properties adjacent to
Building “A”.
4. The requested IUP is reasonably related to the requirement placed upon the
Applicant to relocate four of six billboards from the former golf course property.
5. The use is consistent with the recently adopted amendments to the Sign Code
Chapter 1008 as effectuated by Ordinance 769.
6. The proposed billboard would not be in conflict with the Comprehensive Plan of
the City in that the Comprehensive Plan does not address billboards.
5. The proposed billboard would not cause traffic hazards or congestion.
8. Adequate utilities, access, drainage and other necessary facilities are available to
the proposed billboard.
NOW, THEREFORE, BE IT FURTHER RESOLVED, the Mounds View Planning
Commission, based upon its review of the Comprehensive Plan, the geographical area
involved, potential depreciation, the character of the surrounding area and the demonstrated
need for such a use, has determined that the potential adverse effects of the proposed
billboard would be negligible.
NOW, THEREFORE, BE IT FURTHER RESOLVED, based upon the above finding
of fact, testimony provided at the public hearing and in consideration of the staff report, the
Mounds View Planning Commission does hereby recommend approval of the requested
Interim Use Permit for a billboard at 5201 Program Avenue consistent with the Zoning
Code and Ordinance 769, in accordance with the property survey and rendering attached
as Exhibits A and B respectively, subject to the following condition:
1. The Applicant shall have completed the construction of the billboard by July 4,
2007 or the Interim Use Permit shall be considered null and void, unless a petition
for extension of time in which to complete the work has been granted by the Planning
Commission. Such extension shall be requested in writing and filed with the City
Clerk-Administrator at least thirty (30) days before the expiration of the original
variance or appeal.
NOW THEREFORE, BE IT FINALLY RESOLVED that the Planning Commission
directs staff to forward this resolution to the City Council prior to the approval of the
minutes.
Resolution 847-06
Page 3
Adopted this 5th day of July, 2006.
__________________________
Gary Stevenson, Chairperson
ATTEST
__________________________
James Ericson
Community Development Director
(SEAL)
RESOLUTION NO. 6876
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPROVING AN INTERIM USE PERMIT (IUP) FOR A BILLBOARD AT
5201 PROGRAM AVENUE, PLANNING CASE IU2006-002
WHEREAS, Clear Channel Outdoor has requested approval of an Interim Use
Permit to locate a billboard at 5201 Program Avenue, the site of “Building A” within the
Mounds View Business Park; and,
WHEREAS, the Building A site is zoned Planned Unit Development (PUD) and is
legally described as follows:
LOT 1, BLOCK 1, MOUNDS VIEW BUSINESS PARK
RAMSEY COUNTY, MINNESOTA
WHEREAS, The City of Mounds View has adopted Ordinance 769 which
amended the City Code to permit billboards as an interim use on properties adjacent to
and visible from Interstate 35W; and,
WHEREAS, the Applicant has submitted a survey depicting the location and setback
of the proposed billboard; and
WHEREAS, the Mounds View City Council held a duly-noticed public hearing on
July 10, 2006; and,
WHEREAS, the Mounds View City Code requires that requires that any billboard
Interim Use Permit (IUP) application be reviewed and considered in accordance with
Section 1125.01, Subdivision 3; and,
WHEREAS, the Mounds View Planning Commission considered this request on July
5, 2005 and adopted Resolution 847-06 recommending approval of the Interim Use Permit
request for a billboard at 5201 Program Avenue.
NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council makes
the following findings of fact relating to the Clear Channel Outdoor application for an
Interim Use Permit (IUP) for a billboard at 5201 Program Avenue:
1. The Installation of a billboard at 5201 Program Avenue would not create an
excessive burden on existing parks, schools, streets and other public facilities
and utilities that serve or are proposed to serve the area.
2. The billboard at the proposed location would not be readily visible from nearby
residentially zoned properties and would not have a detrimental effect on the
development of vacant land in the area.
3. The structure and site will not have an appearance that would adversely effect
adjacent residential properties in that there are no residential properties adjacent
to Building A.
Resolution 6876
Page 2
4. The requested IUP is reasonably related to the requirement placed upon the
Applicant to relocate four of six billboards from the former golf course property.
5. The use is consistent with the recently adopted amendments to the Sign Code
Chapter 1008 as effectuated by Ordinance 769.
6. The proposed billboard would not be in conflict with the Comprehensive Plan of
the City in that the Comprehensive Plan does not address billboards.
7. The proposed billboard would not cause traffic hazards or congestion.
8. Adequate utilities, access, drainage and other necessary facilities are available to
the proposed billboard.
NOW, THEREFORE, BE IT FURTHER RESOLVED, the Mounds View City Council,
based upon its review of the identified finding of fact, testimony provided at the public
hearing, potential adverse impacts of the proposed billboard and recommendation of the
Mounds View Planning Commission, does hereby approve the Interim Use Permit Request
for a billboard at 5201 Program Avenue in accordance with the property survey and
rendering attached as Exhibits A and B respectively, subject to the following conditions:
1. The Applicant shall have completed the construction of the billboard by July 4,
2007 or the Interim Use Permit shall be considered null and void, unless a petition
for extension of time in which to complete the work has been granted by the Planning
Commission. Such extension shall be requested in writing and filed with the City
Clerk-Administrator at least thirty (30) days before the expiration of the original
variance or appeal.
2. The Interim Use Permit shall automatically expire on December 31, 2036 or date
of abandonment, whichever occurs first. Consistent with Section 1008.02,
Abandonment shall be deemed to have occurred after one month of non-use by
billboard owner.
Adopted this 10th day of July, 2006.
__________________________
Rob Marty, Mayor
ATTEST
__________________________
Kurt Ulrich
City Clerk / Administrator
(SEAL)
Exhibit A.
Property Survey
Exhibit B.
Billboard Depiction
Item No: 7H
Meeting Date: 07/10/06
Type of Business: CB
Administrator Review: _____
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Kimberly Blackford, Communications Coordinator
Item Title/Subject: Resolution 6870 Approving Contract with Gov.Office to
Provide Web Hosting Services
Background:
Included in the City’s major goals for 2006 is to “Improve Communications with the
Public”, Continue to Provide Quality Services with Limited Resources”, and “Improve the
City’s effectiveness in the delivery of Services.” Upgrading and improving the function of
the City’s web page is seen as a means toward achieving these important goals.
The City’s current web page is difficult to navigate for users and updates are time
consuming and complicated for staff. The current web site also does not allow residents
to submit forms and applications on-line. More and more people are relying on the
internet for information and to conduct business. The most recent City survey indicated
that the majority of households have internet access either at home or through work.
Discussion:
The proposed web upgrades will allow the City to provide the following:
- On-line citizen opinion polling
- On-line completion of forms and applications (e.g., licenses, job applications)
- More timely posting of information by each department because system is easier to use
- Web page with information that is easier to navigate, well-organized with convenient
links
- Bulk e-mail feature that will allow specific information to be distributed to residents upon
their request
- The pages will have more photographs because they will be easier to post
The City has received two proposals to provide web-hosting services that would meet the
City’s needs. Both of these firms (GovOffice and CivicPlus) have a number of local
government clients and specifically tailor their services to local government needs.
Attached is a chart comparing the services provided by each of these firms.
The cost of this service for the remainder of 2006 will be approximately $2,780, including
start-up costs. The annual cost for 2007 will be $1,170. It is recommended that the 2006
amount come from the Council Contingency Account and the annual cost for this service
will be proposed as part of the City Central Services budget.
Recommendation:
It is recommended that the City Council adopt the attached resolution Resolution 6870
Approving the Contract with Gov.Office to Provide Web Hosting Services. Included in the
proposed cost are the recommended optional services of a custom web banner design
($400) and a monthly on-line forms feature ($300, plus $32,50 per month).
RESOLUTION NO. 6870
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
APPROVING CONTRACT WITH GOV.OFFICE TO PROVIDE WEB HOSTING
SERVICES
WHEREAS, the City’s major goals for 2006 are to “Improve Communications with the
Public”, Continue to Provide Quality Services with Limited Resources”, and “Improve the
City’s effectiveness in the delivery of Services”, and
WHEREAS, upgrading and improving the function of the City’s web page is seen as a
means toward achieving these important goals, and
WHEREAS, the City’s current web page is difficult to navigate for users and updates are
time consuming and complicated for staff, and
WHEREAS, more and more people are relying on the internet for information and to
conduct business and the most recent City survey indicated that the majority of
households have internet access either at home or through work,
WHEREAS, the proposed web upgrades will allow the City to provide a number of
important features such as:
- On-line citizen opinion polling
- On-line completion of forms and applications (e.g., licenses, job applications)
- More timely posting of information by each department because system is easier to use
- Web page with information that is easier to navigate, well-organized with convenient
links
- Bulk e-mail feature that will allow specific information to be distributed to residents upon
their request
- The pages will have more photographs because they will be easier to post
, and
WHEREAS, the City has received two proposals to provide web-hosting services that
would meet the City’s needs and GovOffice has been determined to provide the most
cost-effective service that will meet the City’s needs, and
WHEREAS, the cost of this service for the remainder of 2006 will be approximately
$2,780, including start-up costs and the annual cost for 2007 will be $1,170
NOW, THEREFORE BE IT RESOLVED, THAT the City Council hereby adopts
Resolution 6870 Approving the Contract with Gov.Office to provide Web Hosting Services
in the amount of $2,780 for 2006 (including start-up costs) and an estimated annual cost
for 2007 of $1,170, plus tax, and
BE IT FURTHER RESOLVED, THAT the 2006 amount come from the Council
Contingency Account and that the annual cost for this service will be include as part of
the proposed City Central Services budget in 2007.
Adopted this 10th day of July, 2006.
________________________________
Rob Marty, Mayor
ATTEST:
________________________________
Kurt Ulrich, City Administrator
(seal)
Item No: 7A
Meeting Date: July 10, 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 and Consideration of an Interim Use
Permit for a Billboard at 2200 County Road 10
Introduction:
Consistent with Ordinance 769, Clear Channel Outdoor has submitted a request for an
Interim Use Permit (IUP) to site a billboard at the Mermaid property, located at 2200 County
Road 10 at the southeast corner of the City.
Discussion:
The City of Mounds View and Clear Channel entered into an agreement in 2005 in which
Clear Channel agreed to relocate four of its billboards from the former golf course site on
Highway 10 to make way for the Medtronic development. Clear Channel was provided two
years in which to find suitable locations elsewhere in the City to site billboard. The City’s role
was to amend its codes and regulations to allow reasonable opportunity for the signs to be
relocated in elsewhere in the community. On May 8th of this year, after multiple meetings
were held by the City Council, Ordinance 769 was adopted which expanded the locations for
billboards to properly zoned parcels (B2, B3, I1, PUD and CRP) along Highway 10, Interstate
35W, Old Highway 8 and the south side of County Road 10 south of the Woodale Drive
intersection. In addition to identifying locations, the ordinance also amended the spacing
and height requirements for billboards. The 250 foot setback from residential land uses
remained unchanged. The relocated billboards and the two billboards remaining at the
former golf course site were provided 30 year lease rights.
The following table identifies the various code requirements pertaining to billboards and
whether the requirements are satisfied with this request.
Required Proposed Satisfied?
Minimum Spacing 1,500 Feet + 1,500 Feet Yes
Maximum Height 35 Feet 45 Feet No *
Setback from Residential 250 Feet + 1,000 Feet Yes
Property Line Setback 15 Feet 15 Feet Yes
Maximum Sign Area 700 Sq. Feet 700 Sq. Feet Yes
Appropriate Location US 10, 35W, Old Hwy 8 or
CR10
CR 10 Yes
Appropriate Zoning B2, B3, I1, PUD, CRP PUD Yes
* Clear Channel applied for a variance to allow for the 45-foott all sign which was denied by the
Planning Commission on July 5, 2006. Clear Channel has until July 19, 2006 to submit an
appeal for City Council review of the variance.
Clear Channel IUP Report
July 10, 2006
Page 2
Interim Use Permit Approval Process
The City Code indicates that an IUP be processed in a fashion identical to that of a
conditional use permit. Section 1125.01 articulates the process for approving a conditional
use permit (CUP) which is initiated by the Planning Commission’s review of the possible and
potential for adverse effects of the proposed interim use. After reviewing the possible
adverse impacts of the interim use, the Planning Commission makes a recommendation to
the City Council which holds a public hearing to consider the request. The Planning
Commission has recommended denial of the IUP based upon potential for visibility conflicts
and obstruction to off-site buildings.
Adverse Effects Criteria
(1) Relationship to Municipal Comprehensive Plan.
The Comprehensive Plan does not address or contemplate the issue of billboards. The
Planning Commission contends that billboards are not addressed or contemplated
intentionally and reflect a desire to minimize billboards in the City.
(2) The geographical area involved.
The Mermaid property is located at the southwest corner of the City at the intersection of
County Road 10 and County Road H. County Road 10 is considered the City’s primary
commercial corridor and in this general area, commercial and office land uses dominate the
landscape. The closest residential property is located more than 1,000 feet north on County
Road 10 and the billboard would not be readily visible from any residential property. The
billboard would be located at the north corner of the nine-acre Mermaid property with the
nearest affected property being the Abbey Carpet building.
(3) Whether such use will tend to or actually depreciate the area in which it is proposed.
While staff does not believe that the placement and installation of the billboard on the
Mermaid property would have a negative or depreciatory effect upon the subject property or
adjoining properties, the Planning Commission believes otherwise. Their resolution,
attached for the Council’s reference, does cite depreciation as a factor in their
recommendation of denial. It can also be argued in a more comprehensive sense that the
placement of the billboard on County Road 10 would depreciate the ongoing efforts of the
City to improve the appearance and aesthetics of the corridor and would be contrary to the
goals of the County Road 10 Corridor Improvement Program. A resident expressed this very
sentiment at the Planning Commission’s July 5th meeting.
(4) The character of the surrounding area.
The area south of Woodale Drive and north of County Road H is strictly developed as
Commercial or office type usage. The Abbey Carpet building is newer than other buildings in
this location however the area as a whole is well maintained.
Clear Channel IUP Report
July 10, 2006
Page 3
(5) The demonstrated need for such use.
Based on the requirement that Clear Channel has had to remove and relocate four billboards
from the former golf course property, it can be stated that the proposed location is one of
only a few locations designated at which Clear Channel is able to site a billboard. While
perhaps true, the Planning Commission expressed concern that there was a more
appropriate location for a billboard on County Road 10 that would be less intrusive causing
less obstruction and impact to the subject and adjoining properties.
General Conditional Use Permit Criteria:
In addition to the adverse effects criteria considered above, the City Council is to also
evaluate the General Conditional Use Permit criteria found in Section 1125.01 Subd. 3 as
part of the consideration:
(1) The use will not create an excessive burden on existing parks, schools, streets and
other public facilities and utilities that serve or are proposed to serve the area.
The Installation of a billboard will not create or cause a burden to public facilities.
(2) The use will be sufficiently compatible or separated by distance or screening from
adjacent residentially zoned or used land so that existing homes will not be depreciated in
value and there will be no deterrence to development of vacant land.
It is believed that the billboard would not be visible from any residentially zoned property in
the City and that the installation of the billboard would not have a detrimental effect on the
development of vacant land in the area.
(3) The structure and site shall have an appearance that will not have an adverse effect
upon adjacent residential properties.
There are no residential properties adjacent to the Mermaid and as such this requirement does
not necessarily apply.
(4) The use, in the opinion of the City Council, is reasonably related to the overall needs of
the City and to the existing land use.
It is assumed that the need for the proposed billboards is reasonably related to the
requirement to relocate four billboards from the former golf course property.
(5) The use is consistent with the purposes of the Zoning Code and the purposes of the
zoning district in which the applicant intends to locate the proposed use.
With the adoption of Ordinance 769, the proposed billboard is consistent with the purposes of
the City Code and the purposes of the zoning district in which they are to be located.
Clear Channel IUP Report
July 10, 2006
Page 4
(6) The use is not in conflict with the Comprehensive Plan of the City.
The Comprehensive Plan does not contemplate or address the issue of billboards. As such,
staff would suggest that the IUP request is not inconsistent with the Comp Plan.
(7) The use will not cause traffic hazards or congestion.
It is not anticipated that a billboard at the Mermaid site would not cause traffic hazards or
congestion.
(8) Adequate utilities, access roads, drainage and necessary facilities have been or will be
provided.
Access to the billboards will be gained via the Mermaid’s parking lot.
Public Notice:
Staff sent notices to property owners within 350 feet of the Mermaid property and published
a copy of the notice in the June 28, 2006 edition of the Bulletin. While no public comment
has been received in response to the City Council hearing notice, three separate residents
(addressed on Sherwood Road, Eastwood Road and Sunnyside Road) had contacted me to
express their opposition to the granting of a variance for additional height, a request the
Planning Commission did ultimately deny. Mr. John Kopas, owner of the adjacent Abbey
Carpet building, appeared before the Planning Commission on June 21 to express concern
as to the location of the proposed billboard and the potential for the sign to obstruct his
property. Mr. Kopas would later draft a letter that was provided to the Planning Commission
in the July 5th staff report in which he consented to the siting of the billboard at the proposed
location, no longer believing the billboard would be an obstruction, as long as the height of
the billboard were 45 feet. One resident (Mr. Ken Glidden) spoke in opposition to the IUP
and variance request on July 5. Mr. Glidden urged the Planning Commission to not lose
sight of the fact that a billboard on County Road 10 would impact everyone that travels the
roadway, not just the adjoining property owners. He felt the siting of a billboard in the
corridor was contrary to the overall corridor redevelopment efforts being undertaken by the
City
Summary:
The requested Interim Use Permit appears to satisfy all Code requirements and would not
appear to cause any appreciable adverse impacts to the area in which the billboard would be
located. While some argue that any billboard on County Road 10 is contrary to the City’s
goal of improving and enhancing the image and appeal of the corridor, this site has been
identified by the City Council as a potential location for a billboard. The Mermaid has
determined that a billboard at the proposed location would not be or cause an obstruction so
long as the height of the proposed billboard is allowed at 45 feet. Mr. Kopas of Abbey
Carpet also believes the billboard would not be an obstruction if erected at a 45 foot height.
Clear Channel IUP Report
July 10, 2006
Page 5
Recommendation:
Hold the public hearing and consider testimony from staff, the applicant, the property owner ,
residents or any other affected person or interested party.
Recognizing that the proposed location on County Road 10 is consistent with the
amendments adopted by the City Council, the Planning Commission adopted a resolution
denying the requested variance to allow the billboard be erected at 45 feet citing a lack of
apparent hardship. (This was approved on a 4 to 1 vote.) The Planning Commission further
acted to adopt a resolution recommending denial of the Interim Use Permit because the
billboard would be an obstruction to the adjoining property and because other locations on
County Road 10 could be explored which would cause or tend to cause less impact and
obstruction to the subject and adjacent properties. (This was approved unanimously.)
Based upon the recommendation of the Planning Commission, staff has drafted Resolution
6875 for Council consideration that would deny the requested Interim Use Permit at 2200
County Road 10 for the reasons stated above. If the City Council believes that approving the
requested IUP is the more appropriate course of action, staff would need to be directed to
prepare such a resolution for consideration at the July 24, 2006 Council meeting.
_____________________________________
James Ericson
Community Development Director
Attachments:
1. Planning Application
2. Zoning Map
3. Survey Snapshot
4. Proposed Billboard Design
5. Computer-generated height comparisons
6. Letter from John Kopas, 2214 County Road 10
7. Letter from Gary French, 8310 Sunnyside Road
8. Planning Commission Resolution 845-06 Recommending Denial of IUP
9. City Council Resolution 6875
Zoning Map
The
Mermaid
Co
Rd
10
●
Proposed
Billboard
Location
Proposed Billboard Design
Height Renderings
Billboard Height at 35 Feet
Billboard Height at 45 Feet
Survey Snapshot
MOUNDS VIEW PLANNING COMMISSION
RESOLUTION NO. 845-06
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION RECOMMENDING DENIAL OF AN INTERIM USE PERMIT (IUP) FOR
A BILLBOARD AT 2200 COUNTY ROAD 10, PLANNING CASE IU2006-001
WHEREAS, Clear Channel Outdoor has requested approval of an Interim Use
Permit to locate a billboard at 2200 County Road 10, the site of the Mermaid
Entertainment Center and AmericInn Hotel; and,
WHEREAS, the Mermaid site is zoned Planned Unit Development (PUD) and is
legally described as follows:
MERMAID HOTEL AND ENTERTAINMENT CENTER
COMMON INTEREST COMMUNITY PLAT
RAMSEY COUNTY, MINNESOTA
WHEREAS, The City of Mounds View has adopted Ordinance 769 which
amended the City Code to permit billboards as an interim use on properties adjacent to
the south side of County Road 10 south of its intersection with Woodale Drive; and,
WHEREAS, the Applicant has submitted a survey depicting the location and setback
of the proposed billboard; and
WHEREAS, the Mounds View Planning Commission held a duly-noticed public
hearing on June 21, 2006; and,
WHEREAS, the Mounds View City Code requires that any billboard Interim Use
Permit (IUP) application be reviewed and considered in accordance with Section 1125.01,
Subdivision 3.
NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning
Commission makes the following findings of fact relating to the Clear Channel Outdoor
application for an Interim Use Permit (IUP) for a billboard at 2200 County Road 10:
1. The billboard at the proposed location would detrimentally affect the adjoining
property due to obstruction from the column and potentially from the sign faces.
2. The billboard could potentially be located elsewhere on County Road 10 causing
less impact and obstruction to the subject and adjacent properties.
NOW, THEREFORE, BE IT FURTHER RESOLVED, the Mounds View Planning
Commission, based upon the above findings of fact and potential adverse effects of the
proposed billboard, testimony from the public hearing and the staff report, does hereby
recommend denial of the requested Interim Use Permit.
Denial
Resolution 845-06
Page 2
NOW THEREFORE, BE IT FINALLY RESOLVED that the Planning Commission
directs staff to forward this resolution to the City Council prior to the approval of the
minutes.
Adopted this 5th day of July, 2006.
__________________________
Gary Stevenson, Chairperson
ATTEST
__________________________
James Ericson
Community Development Director
(SEAL)
RESOLUTION NO. 6875
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION DENYING AN INTERIM USE PERMIT (IUP) REQUEST FOR A
BILLBOARD AT 2200 COUNTY ROAD 10, PLANNING CASE IU2006-001
WHEREAS, Clear Channel Outdoor has requested approval of an Interim Use
Permit to locate a billboard at 2200 County Road 10, the site of the Mermaid
Entertainment Center and AmericInn Hotel; and,
WHEREAS, the Mermaid site is zoned Planned Unit Development (PUD) and is
legally described as follows:
MERMAID HOTEL AND ENTERTAINMENT CENTER
COMMON INTEREST COMMUNITY PLAT
RAMSEY COUNTY, MINNESOTA
WHEREAS, The City of Mounds View has adopted Ordinance 769 which
amended the City Code to permit billboards as an interim use on properties adjacent to
the south side of County Road 10 south of its intersection with Woodale Drive; and,
WHEREAS, the Applicant has submitted a survey depicting the location and setback
of the proposed billboard; and
WHEREAS, the Mounds View City Council held a duly-noticed public hearing on
July10, 2006; and,
WHEREAS, the Mounds View City Code requires that any billboard Interim Use
Permit (IUP) application be reviewed and considered in accordance with Section 1125.01,
Subdivision 3; and,
WHEREAS, the Mounds View Planning Commission has recommended denial of
the requested IUP based on obstruction issues.
NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council makes
the following findings of fact relating to the Clear Channel Outdoor application for an
Interim Use Permit (IUP) for a billboard at 2200 County Road 10:
1. The billboard at the proposed location would detrimentally affect the adjoining
property due to obstruction from the column and sign faces.
2. The billboard could potentially be located elsewhere on County Road 10 causing
less impact and obstruction to the subject and adjacent properties.
Resolution 6875
Page 2
NOW, THEREFORE, BE IT FURTHER RESOLVED, the Mounds View City Council,
based upon the above findings of fact and potential adverse effects, public testimony and the
Planning Commission’s recommendation of denial, does hereby deny the requested Interim
Use Permit for a billboard as proposed at 2200 County Road 10.
Adopted this 10th day of July, 2006.
__________________________
Rob Marty, Mayor
ATTEST
__________________________
Kurt Ulrich
City Clerk / Administrator
(SEAL)
Item No: 7C
Meeting Date: July 10, 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: Second Reading and Adoption of Ordinance 775, an
Ordinance Vacating a Highway Easement Associated with
the Hidden Hollow South Major Subdivision
Introduction:
The City Council approved the Hidden Hollow South final plat on April 24, 2006. The residential
subdivision created six single family home sites from two deep lots on Woodale Drive. The model
home located at 3041Woodale Drive is already under construction. When the plat was delivered
to Ramsey County for recording, the County Surveyor rejected it due to the presence of a
“Highway Easement” at the rear of the lots. The County’s policy, as we have learned, is that right
of way easements may not persist as easements—they shall either be dedicated as right of way or
vacated. Until one of the two actions is undertaken, the plat cannot be recorded.
Discussion:
The easement was granted in 1966 to the City for highway and utility purposes. The City has no
desire to develop this easement as right of way thus prompting the need to vacate the highway
easement. The applicant will rededicate a drainage and utility easement in the same area
however neither did the City have any opposition to the 30-foot easement remaining for utility
purposes. When all is said and done, the net effect of this will have been to strike the word
“Highway” from the easement at substantial cost to the property owner both from a monetary and
timing perspective.
The City Council approved the introduction and first reading of this ordinance at the June 26
meeting and established the public hearing for the meeting on July 10, 2006. No public comment
has been received regarding this action.
Recommendation:
Staff recommends the City Council hold the public hearing and approve the second reading and
adoption of the attached Ordinance 775 which authorizes the vacation of an old highway
easement which no longer serves a public interest. A roll call vote is required for this action.
James Ericson
Community Development Director
Highway Easement Doc (1 of 2)
Highway Easement Doc (2 of 2)
ORDINANCE SUMMARY
ORDINANCE NO. 775
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE VACATING AN EXCESS HIGHWAY EASEMENT ASSOCIATED
WITH THE HIDDEN HOLLOW SOUTH MAJOR SUBDIVISION
On July 10, 2006, the Mounds View City Council adopted an ordinance which vacates an
excess and unneeded highway easement at the rear of Lots 47 and 48, Knollwood Park.
Both lots front the north side of Woodale Drive and are being replatted as the Hidden Hollow
South residential subdivision. The vacated 30-foot wide highway easement will be replaced
with a 30-foot wide drainage and utility easement.
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/775.pdf.
Kurt Ulrich, City Clerk-Administrator
ORDINANCE NO. 775
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AN ORDINANCE VACATING AN EXCESS HIGHWAY EASEMENT ASSOCIATED
WITH THE HIDDEN HOLLOW SOUTH MAJOR SUBDIVISION
WHEREAS, Dan Saplis has received City Council approval to develop the vacant lots
formerly described as legally described as follows:
Lot 47 and Lot 48, Knollwood Park
Ramsey County, Minnesota
WHEREAS, the City Council approved a final plat of this area as the Hidden Hollow
South major subdivision, which created six single family residential homesites from the two
existing lots; and,
WHEREAS, the City was granted an easement for highway and utility purposes in
1966 for the areas described as follows:
The North 30 Feet of Lots 47 and 48, Knollwood Park
Ramsey County, Minnesota
NOW THEREFORE,
THE CITY OF MOUNDS VIEW ORDAINS:
SECTION 1. The City of Mounds View Municipal Code Appendix D is hereby amended to
include reference to the following Special Ordinance No. 775.
Subd. 1. The City has made a determination that the highway and utility easements
described herein and illustrated on Exhibit A no longer serves a public purpose, and as
such, it is in the public interest to vacate such easement.
Subd. 2. The City Council of the City of Mounds View finds that there is no public
interest or purpose served in retaining the original highway and utility easement proposed for
vacation in that it will be replaced with a new drainage and utility easement in the same
location.
Subd. 3. The highway and utility easement described herein and as shown on
Exhibit A is hereby vacated.
Ordinance 775
Page 2
SECTION 2. This ordinance takes effect thirty (30) days after its publication.
First reading and introduction by the City Council of the City of Mounds View this 26th
day of June, 2006.
Public hearing, second reading and adoption by the City Council of the City of Mounds View
this 10th day of July, 2006.
Rob Marty, Mayor
ATTEST:
__________________________________
Kurt Ulrich, City Clerk-Administrator
APPROVED AS TO FORM:
___________________________
City Attorney
(SEAL)
Exhibit A. Hidden Hollow South Plat
Highway
Easement to be
Vacated and
replaced with a
new drainage and
utility easement
Item No. 07D
Type of Business: PH & CB
Meeting Date: July 10, 2006
City Administrator Review: ______ City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Desaree Crane, Assistant to the City Administrator
Item Title/Subject: Public Hearing to Consider Resolution 6859, a
Resolution Approving an Outdoor Liquor
Consumption Endorsement for Moe’s Located at 2400
Highway 10 in Mounds View
Moe’s, located at 2400 Highway 10, has submitted an application for an Outdoor
Liquor Consumption Endorsement. In accordance with Ordinance 771, which
became effective on June 4, 2006, authorizes a special endorsement to the
holder of a regular on-sale liquor or on-wine license to allow sales and
consumption of liquor or wine outdoors when the outside service is immediately
adjacent to and contiguous with the licensed premises. This special
endorsement will need to be issued by the City Council to the licensee by
resolution after a public hearing on the special endorsement is held. Moe’s
currently has an On-sale Intoxicating Liquor License on file with the City and the
State of Minnesota Alcohol and Gambling Enforcement.
Moe’s has submitted the plans and permit fees for an outdoor patio/deck area to
Community Development. This public hearing was also published in the Mounds
View/New Brighton Bulletin and notices were sent by first class mail to
residences within a 350 feet radius of the establishment.
Recommendation:
Staff recommends opening the Public Hearing for public comment. Staff
recommends approval of this endorsement.
Respectfully submitted,
Desaree Crane
RESOLUTION 6859
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
Resolution Approving Outdoor Liquor Consumption at Moe’s Located at
2400 Highway 10 in Mound View
WHEREAS, Moe’s has a current On-Sale Intoxicating Liquor License on
file with the City and the Minnesota Alcohol and Gambling Enforcement; and
WHEREAS, Moe’s is requesting to sell intoxicating liquor outdoors; and
WHEREAS, Ordinance 771 states that the licensee must make application
for the special endorsement to the City and provide site plans which illustrate the
proposed outdoor service area; and
WHEREAS, all necessary applications, plans and fees for the
establishment located at 2400 Highway 10 have been submitted; and
WHEREAS, staff has reviewed the application and plans for the outdoor
liquor consumption endorsement; and
WHEREAS, staff recommends approval of Moe’s Outdoor Liquor
Consumption Endorsement.
NOW, THEREFORE, BE IT RESOLVED that the Mounds View City
Council does hereby approve an Outdoor Liquor Consumption Endorsement for
Moe’s, located at 2400 Highway 10.
Adopted this 10th day of July, 2006.
________________________________
Rob Marty, Mayor
ATTEST:
________________________________
Kurt Ulrich, City Administrator
(seal)
Item No: 7I
Meeting Date: 07/10/06
Type of Business: CB
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Kurt Ulrich, City Administrator
Item Title/Subject: Resolution 6884 Adopting the Recommendations of the Charter
Commission for a Charter Language Amendment to Chapter 7 of the
Mounds View Charter and Authorizing a Ballot Referendum at the
Next General Election
Background:
During the past several years, the Mounds View Charter Commission has been
reviewing the lists of past requests for housekeeping and clarification updates to
sections of the Mounds View Charter that have caused confusion or seem to be
semantically incorrect. A number of these changes have been processed by ordinance
by the City Council.
However, if changes are deemed to be more substantive in nature, the Charter
Commission may recommend that these amendments be put to a ballot referendum.
The Mounds View Charter Commission has requested that the City Council prepare the
following Charter language amendment for a ballot and have it placed before the voters
at the next general election. The amendment is dealing with Section 7.03 of the
Charter in regard to the City’s system of taxation. The concepts that are proposed were
discussed at the joint Council/Charter Commission work session held earlier this year.
Discussion:
The Charter Commission has requested the City Council’s response within 30 days on
any questions or clarification to any item as presented in the modification of language
for Chapter 7, Section 7.03. The Mounds View Charter Commission acting under
Minnesota Statute 410.12 Subdivision 1, has recommended the attached amendments
by the addition of the bold and double underlined language and by deletion of the
language.
In summary, the objectives for the proposed amendment to this section, as stated by
the Charter Commission, are twofold:
1) To update and correct language in 7.03 for system of taxation.
2) In 7.03 to limit the annual tax levy and certain fee increases, but to provide a process
to obtain voter referendum approval for needs beyond the limits.
The Charter Commission has worked with staff, the City Attorney and the Council to
develop the proposed amendment to Chapter 7. The proposed amendments appear
workable from an administrative standpoint and allow flexibility for inflationary
adjustments, routine fees, and enterprise operations. The City Attorney has requested
additional time to review the final proposal in regard to Minnesota Statutes and to give
consideration to the form of the ballot question.
Recommendation:
It is recommended that the City Council postpone action on Resolution 6884 until the
regular Council meeting of July 24, 2006, in order to allow time for a thorough review
and comment by the City Attorney.
RESOLUTION 6884
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
ADOPTING THE RECOMMENDATIONS OF THE CHARTER COMMISSION FOR A
CHARTER LANGUAGE AMENDMENT TO CHAPTER 7 OF THE MOUNDS VIEW
CHARTER AND AUTHORIZING A BALLOT REFERENDUM AT THE NEXT GENERAL
ELECTION
WHEREAS, the City Council of the City of Mounds View, pursuant to the
recommendation of the City of Mounds View City Charter Commission, has hereby
determined that Chapter 7 of the Charter of the City of Mounds View relating to “Taxation
and Finances” be amended, and
WHEREAS, The Mounds View Charter Commission has requested that the City Council
prepare the following Charter language amendment for a ballot and have it placed before
the voters at the next general election, and
WHEREAS, the City Council is supportive of the proposed amendment to Section 7.03
that is dealing with Section 7.03 of the Charter in regard to the City’s system of taxation,
and
WHEREAS, the City Council is supportive of such a question being put to a ballot
referendum at the next general election.
NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Mounds View
does hereby adopt the recommendations of the Charter Commission for a Charter
Language Amendment to Chapter 7 of the Mounds View Charter and authorizes a ballot
referendum at the next general election; the question to read as follows:
(INSERT LANGUAGE BY ATTORNEY)
Adopted this 10th day of July, 2006.
_______________________________
Rob Marty, Mayor
_______________________________
Kurt Ulrich, City Administrator
Item No. 7L
Meeting Date: July 10, 2006
Type of Business: CB
WK: Work Session; PH: Public Hearing;
CA: Consent Agenda; CB: Council Business
Administrator Review:___
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Greg Lee, Director of Public Works
Item Title/Subject: Resolution 6862 Approving Change Order No. 1 for
the Random Park Building Replacement Project
Background:
On May 22, 2006, Staff presented a proposal to the City Council to add a
sprinkler system to the Random Park Building. An information sheet that was
distributed. This information sheet indicated that a fire suppression system is
required for the Random Park Building.
On June 12, 2006, Staff presented Change Order No. 1 for the Random Park
Building Replacement Project. This change order was for a 4-inch water service
for supply to the fire sprinkler system, a 1-inch domestic water service line, and
installation of a sprinkler system within the building. The total cost of this change
order was $52,322.55. This change order was not approved by the City Council
as it failed to receive three affirmative votes.
On June 26, 2006, Staff provided an update report on adding a fire sprinkler
system to the building. The report indicated that the Fire Department has
reconsidered the details of the sprinkler requirements for Random and Groveland
Park Buildings and has determined that a lesser standard would be acceptable
and would still meet the intent of the code. This acceptable standard is an NFPA
13-D sprinkler system, which is a residential style fire sprinkler system.
Discussion
Staff met with the consultant and contractor on June 26, 2006 to discuss
implementing the installation of an NFPA 13-D sprinkler system in the Random
Park Building. The contractor informed Staff that his sprinkler system
subcontractor informed him that the NFPA 13-D sprinkler system would still
require a 1 ½ “ water service to operate the system – a ¾ “ water service
currently exists. The Change Order that was presented on June 12, 2006 in the
amount of $52,322.55 had three components:
Water Supply Line - 4” service line to serve the sprinkler system. $19,278.75,
Domestic Water Service – to allow for tankless toilets. $2,571.80,
Sprinkler System - $30,472.00.
If a 1 ½ “ water service line is needed, this would require the expenditure of
$19,278.75 for its installation (Note: the cost to install a 1 ½” copper line is the
same or more than the originally proposed 4” ductile iron service pipe).
Given this, Staff has contacted several fire sprinkler contractors that specialize in
residential system.
XXXXXXXXXXXXXXXXXXXXX
Fire Marshal and/ or City Administrator to provide verbal update
XXXXXXXXXXXXXXXXXXXXX
Possible options may include:
Option A – Include an NFPA 13-D sprinkler system as a change order to the
project.
Option B – Include an NFPA 13-D sprinkler system AND a 1-inch service line as
a change order to the project.
Option C – Include a 1-inch service line as a change order to the project. The
City would then get quotes and contract with a fire protection contractor to install
the NFPA 13-D fire sprinkler system after the building is completed.
Option D – Have the construction contractor finish the project as per current
plans and specifications. The City would then get quotes and contract with a fire
protection contractor to install the NFPA 13-D fire sprinkler system.
Funding
It is recommended that funds to finance change order No. 1 be derived based on
Resolution 6778 which reads “ The financing for the Random Park Building
Replacement Project is as follows: all tax increment eligible expenses will be
financed utilizing the City’s Tax Increment Fund (TIF). All remaining expenses
are to be financed using a 60/40 split, with Special Project Fund contributing 60%
and the Park Dedication Fund contributing 40%.”
Recommendation:
It is recommended the Council adopt the attached resolution approving Change
Order No. 1 for the Random Park Building Replacement Project.
Respectfully Submitted,
Greg Lee, Director of Public Works
RESOLUTION 6862
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
APPROVING CHANGE ORDER NO. 1 FOR THE RANDOM PARK BUILDING
REPLACEMENT PROJECT
WHEREAS, on May 22, 2006, Staff presented a proposal to the
City Council to add a sprinkler system to the Random Park Building; and
WHEREAS, said information sheet indicated that a fire suppression
system is required for the Random Park Building; and
WHEREAS, the Fire Department has reconsidered the details of
the sprinkler requirements for Random and Groveland Park Buildings and has
determined that a lesser standard would be acceptable and would still meet the
intent of the code; and
WHEREAS, Staff has contacted several fire sprinkler contractors
that specialize in residential and XXXXXXXXXXXXXXXXXXXXXXXXXXX; and
WHEREAS, a change order has been submitted; and
WHEREAS, the change order is for
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXa 4 inch water
service for supply to the fire sprinkler system, a 1 inch domestic water service
line, and installation of a sprinkler system within the building; and
WHEREAS, The total cost of Change Order No. 1 is $XX,XXX.XX;
and
WHEREAS, it is recommended that funds to finance change order
No. 1 be derived based on Resolution 6778 which reads “ The financing for the
Random Park Building Replacement Project is as follows: all tax increment
eligible expenses will be financed utilizing the City’s Tax Increment Fund (TIF).
All remaining expenses are to be financed using a 60/40 split, with Special
Project Fund contributing 60% and the Park Dedication Fund contributing 40%.”
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Mounds View, Ramsey County, Minnesota as follows:
1. That Change Order No. 1 for the Random Park Building Replacement
Project is hereby approved.
2. Execution of said documents is hereby authorized.
3. That said Change Order shall be financed based on Resolution 6778.
Adopted this 10th day of July 2006.
(ATTEST)
____________________________________
Rob Marty, Mayor
(SEAL)
____________________________________
Kurt Ulrich, City Administrator
Item No: 8B
Meeting Date: July 10, 2006
Type of Business: Consent Agenda
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Mike Sommer, Police Chief
Item Title/Subject: Authorization to enter into a grant agreement with the
Minnesota Department of Public Safety, Office of
Traffic Safety Safe and Sober project
Date of Report: July 10, 2006
Background: The Mounds View Police Department in partnership with the Ramsey
County Sheriff’s Department the Police Departments of New Brighton, Roseville,
Maplewood, St. Anthony Village, and White Bear Lake applied for and have been
awarded a grant from the Department of Public Safety for the Safe and Sober project.
The purpose of the grant is to allow agencies to conduct highly publicized, overtime
enforcement projects addressing traffic safety issues with an emphasis on impaired
driving and passenger protection use. The Safe & Sober Grant Program provides funds
to law enforcement agencies to conduct stepped-up traffic enforcement and community
outreach. Each year, requests for Safe & Sober overtime grants equal about twice the
federal funding available. The grant funds are available on a cost reimbursement basis;
costs are reimbursed after they are incurred and paid by the grantee agencies. The
project year begins on October 1, 2006 and ends on September 30, 2007. The Mounds
View Police Department is expected to be granted approximately $10,000.00 for the
program. The Mounds View Police Department was awarded a Safe and Sober grant in
2005-2006 in partnership with the New Brighton Department
The Mounds View Police Department will use the funds from the grant to pay officers to
work various traffic enforcement projects.
Recommendation: Staff recommends Council authorize acceptance of the grant.
_______________________
Respectfully submitted by
Mike Sommer, Police Chief
RESOLUTION 6869
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION AUTHORIZING THE MOUNDS VIEW POLICE DEPARTMENT TO
ENTER INTO A GRANT AGREEMENT WITH THE MINNESOTA DEPARTMENT OF
PUBLIC SAFETY, OFFICE OF TRAFFIC SAFETY FOR THE SAFE AND SOBER
PROJECT FROM OCTOBER1, 2006 THROUGH SEPTEMBER 30, 2007.
WHEREAS, the Mounds View Police Department along with the Ramsey County
Sheriff’s Department, New Brighton Police Department, White Bear Lake Police Department, St.
Anthony Village Police Department and the Roseville Police Department have applied for and
been awarded a grant from the Department of Public Safety Safe and Sober program to conduct
highly publicized, overtime enforcement projects addressing traffic safety issues; and,
WHEREAS, the grant funds will cover overtime personnel costs incurred through Safe
and Sober enforcement efforts which will be reimbursed to the city of Mounds View; and,
WHEREAS, all allocated manpower resources will be on a volunteer basis, and will be
on an officers scheduled time off; and
NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council does
hereby authorize the Mounds View Police Department to enter into a grant agreement with the
Minnesota Department of Public Safety, Office of Traffic Safety for the project entitled SAFE &
SOBER COMMUNITIES during the period from October 1, 2006 through September 30, 2007;and,
NOW, BE IT FURTHER RESOLVED that the Chief of Police of the Mounds View Police
Department is hereby authorized to execute such agreements and amendments as are necessary to
implement the project on behalf of the Mounds View Police Department, and to be the fiscal agent
and administer the grant.
Adopted this 10th day of July, 2006
_______________________________
Rob Marty, Mayor
ATTEST
_______________________________
Kurt Ulrich, City Clerk / Administrator
(SEAL)
Item No. 8E
Meeting Date: July 10, 2006
Type of Business: CA
WK: Work Session; PH: Public Hearing;
CA: Consent Agenda; CB: Council Business
City Administrator Review _______
City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Greg Lee, Director of Public Works
Item Title/Subject: Resolution 6873 Awarding a Construction Contract
for the Silver Lake Road Sidewalk Improvement
Project
Background:
On March 22, 2004, the City Council authorized the preparation of a preliminary
feasibility report and consultant selection for the Silver Lake Road Sidewalk
Project. This project is to construct a 6 ½ foot wide concrete sidewalk along
Silver Lake Road, from County Road H to County Road I. The construction of this
sidewalk is consistent with the City’s Comprehensive Trail and Sidewalk Plan.
On February 27, 2006, the City Council approved Resolution 6756 approving the
feasibility report, holding the public improvement hearing, ordering the project,
authorizing the preparation of plans and specifications, and authorizing easement
preparation activities for the Silver Lake Road Sidewalk Project.
On March 27, 2006, the City Council approved amending Resolution 6756 to
authorize plans and specifications for a sidewalk on the east side of Silver Lake
Road between County Road H and County Road H2 and to create plans for the
sidewalk to be located along Silver Lake Road in the area of Silver View Park.
On April 24, 2006, the City Council approved Resolution 6799 authorizing the
advertisement for bids and setting a bid date for the Silver Lake Road Sidewalk
Improvement Project.
Discussion:
Bids for the Silver Lake Road Sidewalk Improvement Project were received at
10:00 a.m. on Thursday, July 6, 2006 at City Hall. A list of the bids received and
bid tabulation will be available for City Council’s review at 12:00 p.m. Monday,
July 10, 2006.
Bid Review - A total of seven (7) bids were received for this project.
A complete bid summary is as follows:
Bidder’s Name Base Bid
Concrete Idea $519,470.50
Forest Lake Contracting $637,075.00
Jay Bros., Inc. $496,041.45
Midwest Asphalt Corp $624,265.50
Ti-Zack Concrete, Inc. $459,141.00
Veit and Company, Inc. $522,445.00
Sunram Construction $475,910.80
Engineer’s estimate $588,000.00
This is a list of apparent bid amounts. These will be verified by the City’s
consultant. As previously stated, the final bid tabulation will be available for City
Council’s review at 12:00 p.m. Monday, July 10, 2006.
As per Resolution 6756, adopted by City Council on February 27, 2006, the
entire cost of Silver Lake Road Sidewalk Improvement Project shall be funded
through the City of Mounds View Tax Increment Fund.
Project Schedule – The current project schedule is as follows:
Approve plans / Set Bid Date April 24, 2006
Submit formal Permit applications May 1, 2006
Publish advertisement in local paper (Bulletin) June 14, 2006
Publish advertisement in The Construction Bulletin June 14, 2006
Bid opening July 6, 2006
Award Construction Contract July 10, 2006
Begin Construction July 24, 2006
Complete Construction October 2006
Recommendation:
It is recommended the Council adopt the attached resolution awarding the
construction contract for the Silver Lake Road Sidewalk Improvement Project.
Respectfully Submitted,
Greg Lee, Director of Public Works
RESOLUTION 6873
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
AWARDING THE CONSTRUCTION CONTRACT FOR THE SILVER LAKE
ROAD SIDEWALK IMPROVEMENT PROJECT AND AUTHORIZING THE
MAYOR AND CITY ADMINISTRATOR TO EXECUTE SAID CONTRACT
WHEREAS, pursuant to Resolution No. 6799 adopted by the City
Council on April 24, 2006, sealed bids were received on July 6, 2006, at 10:00
a.m. for the Silver Lake Road Sidewalk Improvement Project; and
WHEREAS, a total of seven (7) bids were received for this project;
and
WHEREAS, the low responsive bid was received from Ti-Zack
Concrete, Incorporated with a Base Bid $459,141.00 for the Silver Lake Road
Sidewalk Improvement Project.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Mounds View, Ramsey County, Minnesota as follows:
1. That the Base Bid of Ti-Zack Concrete, Incorporated in the amount
of $459,141.00 for the Silver Lake Road Sidewalk Improvement
Project is the lowest responsive bid.
2. That a contract to perform said work is awarded to Ti-Zack
Concrete, Incorporated and that the Mayor and City Administrator
are hereby authorized and directed to enter into a contract with said
bidder.
3. The Public Works Department is authorized and directed to return
the deposit made for said bids, except the deposit of the successful
bidder, which shall be retained until a contract has been signed.
Adopted this 10th day of July 2006.
(ATTEST) ____________________________________
Rob Marty, Mayor
(SEAL)
____________________________________
Kurt Ulrich, City Administrator
Item No. 8G
Meeting Date: July 10, 2006
Type of Business: CA
WK: Work Session; PH: Public Hearing;
CA: Consent Agenda; CB: Council Business City of Mounds View Staff Report
To: Honorable Mayor and City Council
From: Tim Pittman, Public Works Supervisor
Item Title/Subject: Resolution 6880 Approving a Contract Award for
Weather Service for the 2006 – 2009 Winter
Seasons
Background:
Annually, the City budgets for funds to provide weather service, which assists the
City in making decisions pertaining to weather related activities. Specifically, this
pertains to activities related to snow plowing and removal activities.
Discussion:
Having winter storm information is critical for proper maintenance of city streets.
Since 1996, the City has contracted with Great Lakes Weather Services to
provide the City with weather related services to assist the Public Works
Department in making decisions as to how to best maintain the drivability of City
streets during and following a snow or ice event. These decisions include: the
appropriate maintenance strategy to apply, the proper equipment to deploy, and
when to deploy it.
Last year two companies that provide the necessary weather service were
contacted to receive bids for the aforementioned service. Details on service and
fees follow:
Great Lakes Weather Services - $580.00 (if submitted by November 1st) for the
2006 – 2009 winter seasons, $640.00 per year after November 1st.
Meteorlogix - $134.00/month for a minimum of 36 months - $4824.00 contract
amount
Great Lakes Weather Service contract began with the first storm of the year and
terminated with the last. Meteorlogix was a three-year minimum contract. Great
Lakes provides warnings in the form of a telephone call two hours prior to a
storm event. Meteorlogix provides up-to-date satellite images sent via computer.
Meteorlogix also provides many other year-round weather data parameters such
as wind direction and speed (possibly useful for summer pesticide applications).
Due to the great differenced in cost and service, this year, bids were only
obtained from Great Lakes Weather Service. Staff also believes that the services
provided by Meteorlogix are in excess of what is actually needed by the City and
the benefit does not justify the cost.
Great Lakes Weather Service is offering a three-year contract for the 2006 to
2009 winter seasons. The cost of this contract is $1500,00, payable in one
installment or three installments of $580.00, payable by November 1, of that
calendar year.
As previously mentioned, the City has used Great Lakes Weather Service since
1996 with great satisfaction. Staff is therefore recommending that Council award
a contract to Great Lakes Weather Service.
The 2006 adopted budget has $800.00 in funds allocated for professional
services in the Snow and Ice Department of the General Fund (Account No. 100-
4472-3030).
Recommendation:
Staff recommends that the City Council approve a contract with Great Lakes
Weather Service for the 2006 to 2009 winter seasons. The cost of this contract is
$1500.00, payable in one installment or three installments of $580.00, payable by
November 1, of that calendar year.
Respectfully Submitted,
Tim Pittman, Public Works Supervisor Reviewed by City Administrator:___
RESOLUTION 6880
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
APPROVING THE CONTRACT AWARD FOR WEATHER SERVICE FOR THE
2006 – 2009 WINTER SEASONS
WHEREAS, the City annually budgets for funds to provide weather
service, which assists the City in making decisions pertaining to weather related
activities; and
WHEREAS, having winter storm information is critical for proper
maintenance of city streets; and
WHEREAS, Great Lakes Weather Services submitted a favorable bid in
the amount $1500 for the 2006 – 2009 winter seasons; and
WHEREAS, the City has used Great Lakes Weather Service since 1996
with great satisfaction; and
WHEREAS, the 2006 adopted budget has $800 in funds allocated to
weather service reports in the General Fund (Account No. 100-4472-3030).
NOW, THEREFORE BE IT RESOLVED, THAT the Mounds View City
Council approves a contract with Great Lakes Weather Service for the 2006 to
2009 winter seasons. The cost of this contract is $1500.00, payable in one
installment or three installments of $580.00, payable by November 1, of that
calendar year.
Adopted this 10TH day of July 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 Heller 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 issued a satisfactory Utility Billing Report for Vino & Stogies. She added that 43
the City’s Fire Marshal has inspected the establishment and issued a satisfactory report regarding 44
the 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 issued 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
issued 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 asked if the Alexandria Police Department’s accident 34
rate is lower. Fire Chief Zikmund replied that the simulator is at the Alexandria Technical 35
College, not at the Police Department, and he cannot answer the question. He stated that the 36
Alexandria Technical College does not have any statistics and the only data he would consider 37
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 a 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 a 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 from the Public Works Director. He 3
said a concrete casing was discovered, which was highlighted on the diagram in yellow, and if it 4
is usable, it would reduce the cost of the sewer extension by about $75,000. He said there would 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 this. 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, used 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 Amundsen, 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. Amundsen 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, if it 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 required. Acting 28
Mayor Stigney said the current doors might minimally meet the standard, but the City is taking a 29
step back without the automatic doors. Public Works Director Lee responded he will look into 30
what 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 quoted 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 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 the 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 cost 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