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HomeMy WebLinkAboutAgenda Packets - 2006/08/28 CITY OF MOUNDS VIEW CITY COUNCIL MEETING AGENDA MOUNDS VIEW CITY HALL Monday, August 28, 2006 7:00 p.m. (REVISED AS OF AUGUST 28, 2006 @930AM) 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Marty, Stigney, Gunn, Flaherty, Thomas 4. APPROVAL OF AGENDA 5. PUBLIC INPUT: Citizens may speak to issues not on tonight’s agenda. Before speaking, please give your full name and address for the minutes. Also, please limit your comments to three minutes. 6. SPECIAL ORDER OF BUSINESS A. City Council Meeting Minutes, July 24, 2006. 7. COUNCIL BUSINESS A. 7:05pm Public Hearing, Introduction, and First Reading of Ordinance 778, an Ordinance Implementing a Franchise Fee on Xcel Energy Electric and Natural Gas Operations within the City of Mounds View for the Year 2007. B. 7:10pm Public Hearing, Introduction, and First Reading of Ordinance 779, an Ordinance Implementing a Franchise Fee on Center Point Energy Natural Gas Operations within the City of Mounds View for the Year 2007. C. 7:15pm Public Hearing, Resolution 6906 Holding a Public Hearing, Approving the Feasibility Report and Ordering the County Road 10 Trailway Project for Segments 9 &10 D. Status Report in regard to the Negotiation of a Interim Lease Agreement with Oops Dinner Theatre in the Mounds View Community Center E. Resolution 6921 Approving Ballot Language in Regard to Chapter 7 of the Mounds View Charter F. Resolution 6922 Approving the 2006-2007 AFCSME Union Contract G. Resolution 6923 Step Increase for Heidi Heller, Mounds View Planning Associate and Peter Berling, Mounds View Police Officer. H. Appeal of charges associated with Summary Abatement at 5300-02 Raymond Avenue. I. Resolution 6925 Authorizing an Abatement of Junk and Debris outside of 2318 Knoll Drive. J. Resolution 6924 Approving the Final Plat for the Subdivision of 8360 Long Lake Road K. Resolution 6927 Approving Authorization to Purchase Cable Equipment. L. Resolution 6930 Authorizing the Preliminary Design of Landscape Architecture Elements for the County Road 10 Trailway Corridor M. Resolution 6931 Approving Change Order No. 35 for the City Hall Rehabilitation Project 8. CONSENT AGENDA A. Licenses for Approval B. Resolution 6926 Establishing a No Parking Zone on Spring Lake Road C. Resolution 6920 Approving a Contract Award for the Repair Drainage Area W ithin Lambert Park City of Mounds View City Council Agenda August 28, 2006 Page 2 9. JUST AND CORRECT CLAIMS 10. APPROVAL OF MINUTES A. Executive Session Minutes, August 14, 2006. 11. REPORTS A. Reports of Mayor and Council B. Reports of Staff (1) Community Development Quarterly Report C. Reports of City Attorney 12. Next Council Work Session: Tuesday, September 5, 2006 at 7pm Next Council Meeting: Monday, September 11, 2006 at 7pm PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1 CITY OF MOUNDS VIEW 2 RAMSEY COUNTY, MINNESOTA 3 4 Regular Meeting 5 July 24, 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: Mayor Marty, Councilmember Stigney, Councilmember Gunn, 16 Councilmember Flaherty, and Councilmember Thomas 17 18 NOT PRESENT: None. 19 20 4. APPROVAL OF AGENDA 21 22 A. Monday, July 24, 2006 City Council Agenda 23 24 MOTION/SECOND: FLAHERTY/THOMAS. To Approve the Monday, July 24, 2006 agenda 25 as presented. 26 27 Ayes – 5 Nays – 0 Motion carried. 28 29 5. PUBLIC INPUT 30 31 Ken Glidden, 5240 Edgewood Drive, stated his question regards the agenda and the order of 32 Items D and E. He stated that Item D deals with a variance denial and Item E deals with the IUP 33 and asked why they were in that order. 34 35 Community Development Director Ericson suggested Items D and E be switched. 36 Councilmember Thomas pointed out that one of the items was a public hearing, and one was not. 37 38 David Jahnke, 8428 Eastwood Road, stated his concerns regarding the proposed fitness center. 39 He said he does not understand why the City is willing to spend $500,000 on a fitness center 40 when there are several private fitness centers in the City. He stated the proposed fitness center 41 would not mean the building is being given back to the residents. He stated the Council should 42 consider it closely before approval. He stated he has not spoken to one other resident who is in 43 favor of the fitness center and believes that it will be a failing business. 44 45 Mounds View City Council July 24, 2006 Regular Meeting Page 2 Mr. Jahnke brought up his belief that the City is getting into the real estate business. He stated 1 the house that was bought on the back of Simon’s has been losing taxes for 10 years. He stated 2 he would like to figure out how much the City has lost in taxes for the years the property has 3 been sitting there. 4 5 Mayor Marty replied that the City has owned the Groveland Road property for six years. He 6 stated the Community Center would cost closer to $750,000 since the cost estimate is nearly 7 $660,000 without architectural drawings. 8 9 Councilmember Flaherty asked for an update regarding the house behind Simon’s. Director 10 Ericson stated the EDA authorized demolition last year so there is no house currently on the 11 property and it is now green space. He stated at this point the property is in a holding pattern and 12 the Planning Commission has designated it for redevelopment. 13 14 William Werner, 2765 Sherwood Road, voiced his opposition to the fitness center. He stated he 15 does not believe residents will pay for the fitness center. He stated the City should not be making 16 a profit on the Community Center. He stated that over $6.2 million is tied up in the building. He 17 suggested the City sell the building and property. 18 19 Bob Glazer, 265 Hillview Road, asked about the water quality report that came out a few weeks 20 ago regarding contaminants. He asked about iron and manganese in the water supply, which are 21 major sources of contamination for households, were not included in the report and if they will 22 be reported upon. 23 24 Public Works Director Lee stated it is not in the report because it is not a contaminant but the 25 information is available because the City does track it. Director Lee stated the health department 26 has not required it be reported on so that is why it was not in the report. Mr. Glazer asked why it 27 wasn’t reported on, Director Lee explained it was not because it was not required by the 28 Department of Health. Director Lee explained the Department of Health does not consider it a 29 contaminant. 30 31 6. SPECIAL ORDER OF BUSINESS 32 33 A. Resolution 6868 Accepting the Comprehensive Annual Financial Report for the 34 year ended December 31, 2005. 35 36 Finance Director Beer explained that Aaron Nelson, from the City’s auditors, Malloy, Montague, 37 Karnowski, Radosevich & Co will explain the report. 38 39 Mr. Nelson stated there are three reports regarding financial audit. He noted there was one report 40 from Staff and two from his firm. 41 42 Mr. Nelson stated on page one, there is an audit summary, which includes an “unqualified 43 opinion” on financial statements. He stated under government auditing standards, there were no 44 instances of non-compliance, but there was one issue involving internal controls. He stated 45 Mounds View City Council July 24, 2006 Regular Meeting Page 3 regarding the final opinion, they have reported two findings: timely payment of invoices and one 1 item regarding administrative penalties. He stated it is a follow-up consistent with last year’s 2 findings. 3 4 Mr. Nelson pointed out on page one, which includes the auditors’ comments, and that they found 5 the financial records to be in excellent condition. 6 7 Mr. Nelson stated the City submitted the report for Certificate of Excellence. 8 9 Mr. Nelson stated that there was a special item reported for the sale and closing of the golf 10 course. He stated there were two comments regarding investment broker acknowledgement 11 certificates, which are recommendations for the City for this year. He stated the last item in the 12 summary is a comment on internal control and cash receipts. 13 14 Mr. Nelson pointed out on pages three and four the graphs refer to the City’s market value and 15 tax capacity. He stated pages five and six deal with the Governmental Funds Overview. He 16 stated there was a comparison with statewide averages and the City continues to generate less 17 than average funds per-capita. He stated on page six, there is a table showing expenditures. He 18 stated that the City has below-average expenses when compared to other Cities. 19 20 Mr. Nelson pointed out on page seven that the general fund financial position since 1996 is 21 sh own. He stated the City has been able to provide a stable position for several years. He stated 22 the fund balance falls within the state auditor’s recommendation. 23 24 Mr. Nelson stated page eight explains the general fund revenue and that revenues came in better 25 than anticipated. He stated on the expenditures side, the City spent 1.3% less than was planned in 26 the budget. He stated the City has been spending responsibly. 27 28 Mr. Nelson noted the enterprise operations and positions of water and sewer funds. He stated it 29 has maintained a stable operating performance and is in a healthy operation performance. He 30 stressed the importance that the operations are maintaining and operating efficiently. He noted 31 the sewer fund has been steady and healthy as well. 32 33 He stated that Page 12 points out what the City has done since implementing the Gatsby 34 34 management plan. He stated that enterprise has shown an increase and this year’s ending balance 35 is about $8 million higher than last year’s ending balance. 36 37 Mr. Nelson explained that page 13 is a statement of activities entity wide. He stated that the 38 City’s governmental activities rely more on taxes more than the business-like activities, which 39 rely on program revenues. He stated GASB 40 was implemented this year and there will be a 40 change in the financial investments. Mr. Nelson stated there have been discussions of GASB 44 41 and 45 relating to the City’s investments. 42 43 Mounds View City Council July 24, 2006 Regular Meeting Page 4 Councilmember Flaherty asked about the spike in 1999 with the operation expenses related to the 1 water fund on page 10. Mayor Marty stated he does not recall why there was the spike. 2 Councilmember Flaherty pointed out it went from $700K to nearly $1 million. 3 4 Director Lee stated it was a water-meter change-out program. 5 6 MOTION/SECOND: GUNN/STIGNEY. To waive the reading and adopt Resolution 6868 7 Accepting the Comprehensive Annual Financial Report for the year ended December 31, 2005. 8 9 Ayes – 5 Nays – 0 Motion carried. 10 11 7. COUNCIL BUSINESS 12 13 A. 7:05 pm - Public Hearing to Consider the First Reading and Introduction of 14 Ordinance 776, an Ordinance adopting the Five Year Financial Plan. 15 16 Finance Director Beer stated at the last work session the 5-year financial plan was presented for 17 review and discussion. He recommended opening the public hearing. 18 19 Mayor Marty opened the public hearing at 7:24 p.m. 20 21 Ken Glidden, 5240 Edgewood Drive, commented that it bothered him to hear that there is a shift 22 of the revenue source toward property taxes as reported in the budget report. He stated that even 23 if the shift is the same as what is happening in other Cities, the shift should concern residents. 24 25 Mayor Marty responded that it is due basically to the reduction and elimination of LGA, Local 26 Government Assistance. He stated the City used to receive close to $1 a year in LGA and when 27 that was cut there were the same expenses in the City. He stated in order to keep the City 28 running, they had to raise taxes. He stated the state property taxes were cut, but the City had to 29 raise taxes in order to keep the City running. He noted the shift from the State funding to City 30 funding. 31 32 Councilmember Thomas stated the point in the report was a shift to property taxes from the City 33 doing business. She stated the City has stopped doing business and that is the reason for the 34 shift. She stated the major reason was the sale of the Golf Course. 35 36 Mr. Glidden stated the City has very few other sources of income. He asked if there will be 37 increases or decreases to the assumptions about estimated market and assessed property value. 38 Finance Director Beer stated assessed values are not considered, but that there is a 3% levy 39 increase estimate. 40 41 Mr. Glidden asked about the overall increase in expenditures. Mayor Marty replied that the 42 Council’s goal is to have a 0% increase. Finance Director Beer stated that for 2007, he 43 calculated 0%, but for the subsequent years he factored 3%. 44 45 Mounds View City Council July 24, 2006 Regular Meeting Page 5 Mayor Marty closed the public hearing at 7:29 p.m. 1 2 Councilmember Flaherty commented that the five-year plan is a good foundation but that it can 3 change year to year. He stated the important thing is that there is a 0% levy increase for 2007. 4 He added that the Council would maintain the 0% as long as possible and commended Finance 5 Director Beer for the plan. 6 7 Mayor Marty stated the City is creating a vision. He stated that some things in the plan can and 8 will change, but the City needs a plan as a foundation. He stated that it was a well-done report. 9 10 Councilmember Stigney asked about the ordinance that is before the Council and if 2006 is the 11 first year of adoption, or if it will be the first part of the five-year plan. Finance Director Beer 12 stated the wording is following other ordinances. He stated it is the 2006 version of the plan and 13 it includes additional years. 14 15 Councilmember Stigney stated the language is ambiguous. He stated he is not in favor of 3% 16 levy increase in subsequent years and he is in favor of using the Medtronic levy decrease until it 17 is gone. He stated that he believed TIF would be the funding source for maintenance of County 18 10. He noted bonding was indicated as a funding source in the report and questioned why City 19 bonds were included in the plan. Finance Director Beer responded that the report should read 20 TIF and not bonding. 21 22 Councilmember Stigney stated he couldn’t support the plan because he does not support the 23 expenditures of 2008-2011. Mayor Marty responded that it is the Council’s responsibility to 24 reassess the priorities and determine what is necessary in the City. He stated the report is a 25 framework based on the City’s needs. 26 27 Councilmember Stigney stated his problem is the list about what should be done. He stated 28 adopting the 5-year plan means that every project listed must be considered. 29 30 Mayor Marty stated the Council’s goal is to maintain a 0% levy increase for the following years, 31 not just 2007, with 0% as long as the Council can maintain the levy reduction fund. He stated it 32 is the Council’s responsibility to guard the levy reduction fund and only use it to keep the annual 33 levy at 0%. 34 35 MOTION/SECOND: THOMAS/GUNN. To waive the reading and adopt the first reading of 36 Ordinance 776, an Ordinance adopting the Five Year Financial Plan. 37 38 Ayes – 4 Nays – 1 (Stigney) Motion carried. 39 40 B. 7:10 pm - Public Hearing, Introduction and First Reading of Ordinance 777, 41 an Ordinance Approving a Partial Drainage and Utility Easement Vacation 42 Associated with Lot 5, Hidden Hollow, Requested by Dave Regal Builders. 43 44 Director Ericson stated this is one of the last remaining lots to be developed in the Hidden 45 Mounds View City Council July 24, 2006 Regular Meeting Page 6 Hollow neighborhood. He stated that when Dave Regal Construction purchased the lot, the 1 easement was in excess of what was originally determined to be dedicated. He state an 2 engineering firm provided an area that would be vacated that is consistent with the high level of 3 the storm water management pond. 4 5 Director Ericson stated he requested a review from Sunde Engineering and they confirmed the 6 easement is in excess and had no problems with the developer’s report. He stated he then sent 7 the report to Bonestroo, the City’s engineer, and they also confirmed that vacating the easement 8 would not cause detriment to the storm water management pond. 9 10 Director Ericson stated he is requesting the public hearing be opened through the next meeting so 11 all affected residents can be present. He stated there are a number of exhibits showing where the 12 lot site is and some submittal information from Regal Construction. 13 14 Director Ericson stated one of the plans shows the easement area to be vacated and pointed out 15 on the site map where it will be vacated. He stated it would be vacated consistent with the 16 engineers report and is asking that Rice Creek Watershed review the request. He added that 17 approval would be contingent on Rice Creek Watershed review and approval. 18 19 Director Ericson stated Staff is confident it could be vacated and there is no public purpose in 20 keeping the excess easement property. 21 22 Mayor Marty opened the public hearing at 7:42 p.m. 23 24 Dave Regal, Dave Regal Construction, stated the vacation is being requested because the home is 25 being built for a handicapped-accessible home. He stated when the lot was purchased, they were 26 not aware of the excess easement. 27 28 David Jahnke, 8428 Eastwood Road, asked if it would cost the City any money to vacate the 29 property. Director Ericson stated it will not and the applicant is responsible for all costs. 30 31 The public hearing was continued until the next meeting. 32 33 Mayor Marty asked if the entire area shown on the lot is easement. Director Ericson stated that it 34 is. Mayor Marty asked for clarification about the area that will be vacated. Director Ericson 35 stated it is approximately 1500 square feet. 36 37 Councilmember Flaherty stated the consulting engineer stated that the vacation will not be 38 detrimental to the storm water management pond and asked for clarification about the Rice Creek 39 Watershed approval. Director Ericson clarified the approval and stated that the vacation will not 40 be detrimental to the storm water management pond. 41 42 Mayor Marty asked if the area has been graded. Director Ericson stated the area graded for 43 ponding was in excess and that the land will be graded back into the property. 44 45 Mounds View City Council July 24, 2006 Regular Meeting Page 7 Councilmember Thomas asked if any back grading would be done because of the construction of 1 the walkout home. Director Ericson stated it would. 2 3 MOTION/SECOND: THOMAS/FLAHERTY. To continue the public hearing until August 14, 4 2006. 5 6 Ayes – 5 Nays – 0 Motion carried. 7 8 MOTION/SECOND: FLAHERTY/GUNN. To accept the first reading of a Partial Drainage and 9 Utility Easement Vacation Associated with Lot 5, Hidden Hollow, as requested by Dave Regal 10 Builders. 11 12 Ayes – 5 Nays – 0 Motion carried. 13 14 C. 7:15 pm - Public Hearing to Consider the First Reading and Introduction of 15 Ordinance 774, an ordinance Amending Chapters 701 and 1106 of the 16 Mounds View Municipal Code Pertaining to Dog Kennels 17 18 Director Ericson stated this was brought to their attention last December and that the zoning code 19 should be amended so residents with three or four dogs do not have to go through the Planning 20 Commission and Council for a conditional use permit. 21 22 Director Ericson stated it is not a planning action to have three to four dogs. He stated the 23 Planning Commission recommended removing the C.U.P. requirement and having kennels and 24 multiple dogs covered under regular licensing. He stated that some language would be added 25 regarding persons charged with animal cruelty and a mechanism to revoke the license. 26 27 Director Ericson stated that requirements to obtain signatures remains the same. He stated this 28 change would not require people to go through a public hearing in order to have kennels. 29 30 Mayor Marty opened the public hearing at 7:50 p.m. 31 32 Mr. Glidden asked for a clarification between dog kennels for commercial purposes or dog 33 kennels for pets. He asked if the change would address regular kennels or commercial kennels. 34 35 Director Ericson responded the ordinance reflects changes to pet owners, not commercial kennel 36 operators. He stated it does not change the requirements for a commercial kennel and only 37 applies to residential properties and personal pets. 38 39 Mayor Marty read from the ordinance, clarifying that it will not apply to commercial kennels. He 40 stated that this ordinance would apply to residents who want to breed dogs who could not in the 41 past without a Conditional Use Permit. 42 43 Mr. Glidden asked the Council to consider what is a reasonable number of pets. Director Ericson 44 stated that in Mounds View, a residential property owner couldn’t have more than four dogs. He 45 Mounds View City Council July 24, 2006 Regular Meeting Page 8 stated puppies could be kept until six months of age. 1 2 Director Ericson stated there have been problems in the City regarding cats and there is no upper 3 threshold about the number of cats residents can own. 4 5 Mayor Marty stated he has had calls from property owners who rent property and some tenants 6 have excessive numbers of cats. He stated Mounds View has nothing in the code covering cats 7 and it should be considered at a future work session. 8 9 Mayor Marty closed the public hearing at 7:56 p.m. 10 11 MOTION/SECOND: GUNN/THOMAS. To waive the reading and accept the first reading of 12 Ordinance 774, an ordinance Amending Chapters 701 and 1106 of the Mounds View Municipal 13 Code Pertaining to Dog Kennels. 14 15 Mayor Marty thanked Staff and the Planning Commission for addressing this ordinance. 16 17 Ayes – 5 Nays – 0 Motion carried. 18 19 D. 7:20 pm - Public Hearing to Consider the Appeal of a Variance Denial for a 20 45 Foot Tall Billboard at 2200 County Road 10 21 22 This item was considered following agenda item E. 23 24 E. Consideration of Resolution 6875 pertaining to an Interim Use Permit (IUP) 25 Application for a Billboard at 2200 County Road 10 26 27 Director Ericson explained that the Council has reviewed this item twice and it has been before 28 the Planning Commission. He stated the billboard will be at the Mermaid property and is 29 consistent with the ordinance the City adopted for the relocation agreement executed with Clear 30 Channel in 2005 for billboards that were on the golf course. 31 32 Director Ericson stated all requirements associated with the IUP have been met, with exception 33 of the height. He stated the Planning Commission denied the variance for the 45-foot height and 34 that code provides for a 35-foot billboard. He stated Clear Channel appealed the decision of the 35 Planning Commission for the variance. 36 37 Director Ericson explained the reasons for hearing the IUP first and variance appeal second. He 38 noted there are several resolutions attached with several options. 39 40 Director Ericson stated the Planning Commission denied the IUP because they felt that the 41 location was not appropriate because of potential obstruction and property degradation issues. 42 He explained that the Council needs to determine whether or not there is a hardship when 43 considering the variance and the Planning Commission determined there was no hardship 44 justifying the variance. 45 Mounds View City Council July 24, 2006 Regular Meeting Page 9 1 Director Ericson explained that the Council needs to consider the criteria guiding an IUP, such as 2 adverse effects, impact on adjoining properties, and issues associated with appearance, such as 3 degradation or impact on the County Road 10 corridor. 4 5 Director Ericson stated Staff has concluded there is justification for denial. He stated based on 6 Planning Commission’s recommendation, there are recommendations denying the IUP and 7 variance. He stated that it is a subjective decision by the Council and there is a resolution that 8 approves both the IUP and variance. He stated there is also a resolution approving the IUP and 9 denying the variance. 10 11 Director Ericson stated there has been additional public feedback including a resident who 12 commented on the application. He stated there is a letter from Mr. Kopas, adjoining the property 13 owner, who does not oppose the billboard as long as it is at a height of 45 feet. He stated that 14 one member of the Planning Commission determined that if the IUP is approved, the variance 15 should be approved because there is an issue with visibility and obstruction. 16 17 Mayor Marty opened the public hearing at 8:06 p.m. 18 19 Mr. Glidden pointed out that at every meeting he has attended so far, all of the input about the 20 billboard has been negative. He stated he understands that there has been input in writing from 21 three residents requesting denial. He noted that he expressed his opposition at the last meeting 22 and that citizens are asking that the Council deny the IUP. 23 24 Mr. Glidden pointed out that the Planning Commission voted 5-0 to deny the IUP and voted 4-1 25 opposing the variance. He stated the only reason for the 1 approving vote, was because if the 26 permit was approved, the height does matter. He stated that the one other business owner who 27 spoke was Mr. Kopas and he was initially in opposition to the billboard and is now only in favor 28 of it at 45 feet. 29 30 Dan Hall, 2200 County Road 10, pointed out that there was a town hall meeting and not one 31 person who was there brought up the issue of billboards. He stated it is clear that the citizens do 32 not have a problem with the billboard since there are not many residents speaking up in 33 opposition. 34 35 Mr. Hall addressed the impact on the County Road 10 corridor. He stated the Corridor has many 36 problems and that the half-full strip malls are much more negative than a billboard. He stated 37 there is high traffic at the proposed site and that is where a billboard belongs. He stated that he 38 believes that it is a problem when government interferes with private enterprise. 39 40 Mr. Hall pointed out the drug stores and their negative impact. He stated the empty buildings are 41 a larger problem. He noted that Councilmember Stigney stated there would be depreciation for 42 Mr. Kopas’ building but such an opinion is in opposition to Councilmember Stigney’s statement 43 that he would like to stay out of business. 44 45 Mounds View City Council July 24, 2006 Regular Meeting Page 10 Mr. Hall stated that the billboard needs to be at a height of 45 feet so Mr. Kopas does not have 1 obstruction and Clear Channel can sell the billboard. He stated he would like the billboard to be 2 passed tonight at the 45-foot height. 3 4 Councilmember Stigney responded to Mr. Hall’s comment and that he does not believe the 5 billboard is positive. He stated the deprecation factor is not for Coups’ business, but it is a 6 depreciation factor for the entire City. 7 8 Isabelle Hanson, 2320 Lambert Ave., stated her opposition tot he billboard. She stated she 9 believes the billboard will degrade County Road 10. 10 11 David Jahnke, 8428 Eastwood Road, stated his concerns are the reasons the Planning 12 Commission denied the IUP and variance. He stated the Council must consider the reasons 13 closely. He asked if any business can put up a billboard and if the cost of the billboards will be 14 Medtronic’s. 15 16 Gary Stevenson, 2870 Arden Avenue, Chairman of the Planning and Zoning Commission, 17 explained the vote to deny the variance. He stated the vote to deny was based primarily on the 18 fact that the Planning Commission does not want billboards on County Road 10. He stated the 19 vote was not to deny the billboard at the Mermaid, but to deny any locations along County Road 20 10. 21 22 Mr. Stevenson stated that if the Council decides to relocate the billboard to the Mermaid site 23 from the Medtronic site, the vote would be different had they just considered the variance. He 24 stated he believes the vote would have been to approve the 45-foot height had the council 25 determined the Mermaid site as the best. 26 27 Mr. Stevenson stated that the Planning Commission voted against the billboard because in years 28 past, the Planning Commission had limited any billboards on County Road 10 to the one at 29 Wallgreens. He stated that the Planning Commission decided against any billboards for future 30 developments. 31 32 Mr. Stevenson stated the Council has the right to override the Planning Commission because of 33 the agreement to relocate the billboards from Highway 10. He added that if the billboard must be 34 relocated to County Road 10, the Planning Commission has no opposition to the Mermaid site. 35 36 Rich Sonterre, 5060 Red Oak Drive, stated that speaking as a resident, he has a concern with the 37 Staff Report, which includes a portion of an e-mail not included in any other Staff Report. He 38 stated that his objection is because there is no name and address included in the e-mail. 39 40 Mr. Sonterre stated that anyone or any group could inundate the City with anonymous e-mails of 41 one opinion or another and that there are no checks or balances that ensure one person is not 42 expressing their opinion more than once. He stated that he believes all input must include a 43 name or address. 44 45 Mounds View City Council July 24, 2006 Regular Meeting Page 11 Mayor Marty stated it is his policy to not respond to those who do not leave names or addresses. 1 Director Ericson stated that after the receipt of e-mail, he responded to the resident indicating a 2 name and address would be required. Director Ericson stated the resident did respond with a 3 name and address, which was not included in the Staff Report. He added that Staff struggles 4 with anonymous information. Mr. Sonterre responded that even though it is on file, it should not 5 be included in the Staff Report. 6 7 Rich Sonterre, 3525 Spring Street Minneapolis, of Clear Channel Outdoor, stated this is an 8 ongoing process by which two parties entered into an agreement and he hopes this hearing 9 tonight is close to an end. He thanked Chair Stevenson for commenting. He stated that Chair 10 Stevenson’s comments are significantly different than the reasons the Planning Commission 11 denied the IUP and variance. He stated he would like to work to find a remedy for the situation 12 and he has other challenges, including a lease agreement with the City for another location. 13 14 Mayor Marty closed the public hearing at 8:24 p.m. 15 16 Councilmember Flaherty commented that the City is engaged with an agreement and contract 17 with Clear Channel to relocate the billboards and the City has asked to renegotiate the contract. 18 He stated the City should feel an obligation about the contract. He stated the revised contract 19 states the City would re-design its codes to relocate the signs. He stated he agrees with the 20 relocation. 21 22 Councilmember Flaherty noted the second issue is with the height of the billboard. He said he is 23 okay with the IUP, but not okay with the variance. He stated he believes the Council has done 24 their due diligence with Clear Channel regarding plans for the relocation. 25 26 Mr. Sonterre responded that he would rather have a 20 foot billboard and they rarely build a 27 higher billboard. He stated the request for the variance is to achieve two objectives: to gain 28 height over Mr. Hall’s sign so the westbound face is clear, and at the request of Mr. Kopas that 29 the sign not to obstruct his building’s signs. 30 31 Mr. Sonterre explained that building the billboard at 45 feet costs more and depreciates the sign, 32 but noted that at 35 feet, he will not build the sign. He stated that if the variance were not 33 approved, financial compensation from the City would be the better option. He stated that the 34 request for the billboard to be built at 45 feet is not to be a dominant structure. 35 36 Councilmember Stigney asked the face size of the billboard. Mr. Sonterre responded it would be 37 14 feet high and 48 feet wide. Councilmember Stigney asked why the billboard would be larger 38 than what is in front of Walgreens. He stated the billboard at Walgreens is because of a perpetual 39 lease. He stated that Clear Channel agreed to put flowers and a base. He stated that is the only 40 reason the Planning Commission approved it. 41 42 Councilmember Stigney stated that detriment and hardship with Mr. Hall’s property is of his own 43 doing. Mr. Hall replied that the only problem is with Mr. Kopas’ sign. He stated his problem is 44 not that the billboard will block his property and he does not care the height at which the 45 Mounds View City Council July 24, 2006 Regular Meeting Page 12 billboard is being built. Councilmember Stigney asked if Mr. Hall is requesting the variance. 1 2 Mr. Sontaire noted that the billboard he is proposing is the same size as the one at Walgreens. 3 4 Mr. Jahnke asked if approving this billboard would open the door to other billboards. Director 5 Ericson stated that the ordinance the City adopted in May provides for very specific relocation 6 places for billboards. He stated there is a cap and replace limitation and that the City cannot 7 exceed the number of billboards currently in the City. 8 9 Director Ericson explained that approving the IUP does not open the door to any additional 10 billboards and if one is approved, there cannot be any more built on County Road 10 because the 11 ordinance requires significant spacing between billboards. 12 13 Councilmember Gunn stated she agrees with Councilmember Flaherty that she will approve the 14 site, but not the height variance. She stated she does not want billboards on County Road 10, but 15 this is within an area that was approved. She stated she would not agree with the variance 16 because what she can see from the diagram presented with the Staff Report, the 35-foot billboard 17 will not block Mr. Kopas’ business. She stated she does not see the need for the 45-foot 18 variance. 19 20 Councilmember Thomas stated her difficulty is that the discussion turns to whether or not the 21 Council wants a billboard on County Road 10. She stated that the discussion has been had and 22 this site was determined as one that is acceptable for a billboard. She stated that she appreciated 23 Stevenson’s comments. 24 25 Councilmember Thomas stated that the Council disagreed with the Planning Commission’s 26 denial since the Council agreed that the site proposed is acceptable. She stated the Council is 27 here to decide about whether or not to overturn the vote, not what personal beliefs of billboards 28 are. She stated that the Planning Commission went beyond the scope of the question before 29 them. 30 31 Councilmember Stigney stated he agrees with the Planning Commission’s decision and he will 32 do everything he can to stop billboards on County Road 10. He stated County Road 10 should be 33 the last option. He said the City should negotiate with Medtronic for billboards on their site. He 34 stated the height is immaterial because he will not vote for either the IUP or variance. 35 36 Mayor Marty agreed with Councilmember Stigney that he does not want a billboard on County 37 Road 10. He stated that the City is trying to make County Road 10 more of a “boulevard” rather 38 than a highway or pass-through area. He stated that hopefully by the fall there would be the first 39 lighted trailway between Silver Lake Road and Long Lake Road. He mentioned where other 40 trailways have been installed. He mentioned money set aside from other businesses for the 41 trailway and other businesses will be asked for their contributions. 42 43 Mayor Marty noted the code states that a hardship exists when all of the criteria are met, and in 44 this case, not all criteria are met. 45 Mounds View City Council July 24, 2006 Regular Meeting Page 13 1 Mayor Marty explained that the ordinance was discussed and that the Council decided explicitly 2 to limit height. He stated he does not feel billboards belong on County Road 10 and the 3 Council decided if a billboard would be approved at the site, it would be limited to 35 feet. 4 5 Mayor Marty expressed his concern about the precedent that would be set if a 45-foot billboard 6 was allowed. He stated he is concerned about allowing a variance from the code without a 7 hardship and the implications on other City ordinances and with other billboards. 8 9 Councilmember Thomas expressed her favor of Option B, approving the IUP but denying the 10 variance. 11 12 MOTION/SECOND: THOMAS/FLAHERTY. To waive the reading and adopt Resolution 6875 13 pertaining to an Interim Use Permit (IUP) Application for a Billboard at 2200 County Road 10. 14 15 Ayes – 3 Nays – 2 (Stigney, Marty) Motion carried. 16 17 F. 7:20 pm - Public Hearing to Consider the Appeal of a Variance Denial for a 18 45 Foot Tall Billboard at 2200 County Road 10 19 20 MOTION/SECOND: GUNN/THOMAS. To waive the reading and adopting Resolution 6893, 21 denying Appeal of a Variance Denial for a 45 Foot Tall Billboard at 2200 County Road 10. 22 23 G. 7:25 pm – Public Hearing and Consideration of a consideration of a 24 Preliminary Plat for a Major Subdivision of 8360 Long Lake Road; Planning 25 Case MA2006-002 26 27 Planning Associate Heller explained that the property is just over 1.5 acres and the property 28 owner has submitted a request to divide it into three lots. She stated that the current home would 29 be demolished. She stated that the current zoning will support the subdivision and the proposed 30 lots will each be one-half acre. 31 32 Planning Associate Heller stated it is consistent with zoning and the Comprehensive Plan, and 33 the Staff reports the watershed district will be contacted. She stated that easement has been 34 dedicated in the preliminary plat and Long Lake Road is large enough to handle the additional 35 traffic. 36 37 Planning Associate Heller explained that there will be park dedication requirements and Staff 38 recommends it be based on two-thirds the land value. She stated that sewer and water are 39 accessible. 40 41 Planning Associate Heller indicated that much of the lot is tree-covered. She stated one resident 42 to the rear of the property was concerned about the number of trees being cleared. She noted that 43 the developer indicated he would clear only trees necessary for the homes. 44 45 Mounds View City Council July 24, 2006 Regular Meeting Page 14 Planning Associate Heller stated that because of the City’s Surface Water Management Plan, the 1 watershed would be contacted. She stated that the City forester stated there are a few trees that 2 are worth saving and that the applicant has taken that into consideration. 3 4 Mayor Marty opened the public hearing at 8:52 p.m. 5 6 Councilmember Stigney asked if the setbacks will be adequate with the current home. Planning 7 Associate Heller replied that the current home will be demolished and the new homes will meet 8 the required setbacks. 9 10 Mayor Marty closed the public hearing at 8:53 p.m. 11 12 Mayor Marty asked Planning Associate Heller about the R-1, Single Family, Detached Garage 13 zoning, and also asked about attached garages. Planning Associate stated that she assumes they 14 will build attached garages. 15 16 MOTION/SECOND: FLAHERTY/STIGNEY. To waive the reading and accept Resolution 17 6888, a Preliminary Plat for a Major Subdivision of 8360 Long Lake Road. 18 19 Ayes – 5 Nays – 0 Motion carried. 20 21 H. Resolution 6884, Considering an Amendment to Chapter 7 of the Mounds 22 View City Charter as Proposed by the Mounds View Charter Commission 23 and Directing Staff to Prepare Language to be Placed on the Ballot for a 24 Vote of the Qualified Voters at the Next General Election Pursuant to the 25 Requirements of Minnesota Statute 4110.12. 26 27 Assistant to the City Administrator Crane stated that during the past several years, the Mounds 28 View Charter Commission has been reviewing the lists of past requests for housekeeping and 29 clarification updates to the sections of the Mounds View Charter that have caused confusion or 30 seem to be semantically incorrect. She said that a number of these changes have been processed 31 by ordinance by the City Council. 32 33 Assistant to the City Administrator Crane stated that if changes are deemed to be more 34 substantive in nature, the Charter Commission may recommend that these amendments be put on 35 a ballot referendum. 36 37 Assistant to the City Administrator Crane explained that the Mounds View Charter Commission 38 has requested that the City Council prepare the following charter language amendment for a 39 ballot and have it placed before the voters at the next general election. She stated the amendment 40 is dealing with Section 7.03 of the Charter in regard to the City’s system of taxation. She 41 explained the concepts that are proposed were discussed at the joint Council/Charter 42 Commission Work Session held earlier this year and reviewed by the Council on July 10, 2006, 43 and referred to the City Attorney for review and comment. 44 45 Mounds View City Council July 24, 2006 Regular Meeting Page 15 Assistant to the City Administrator Crane stated that the City Attorney has provided his 1 comments to the Charter Commission and will meet with them to discuss the language 2 amendment to Chapter 7. She explained that attached are the attorney’s comments on the 3 proposed change to the Charter. 4 5 Assistant to the City Administrator Crane stated the Charter Commission has requested the 6 Council’s response within 30 days on any questions or clarification to any item as presented in 7 the modification of language. 8 9 Assistant to the City Administrator Crane stated that the City Attorney has indicated that while 10 the Council shall fix the form of the ballot question, the Charter Commission has the authority to 11 have the question on the ballot. 12 13 Assistant to the City Administrator Crane explained that the upcoming General Election would 14 obviously be the most cost-effective election to address this ballot question. She explained that a 15 special election, if it were necessary, would cost approximately $10,000. She state to make the 16 general election deadline, the question must be certified to the County by September 15th. She 17 stated that Staff recommends final action on the question be taken by the Council no later than 18 the August 28th regular meeting. 19 20 Councilmember Flaherty asked about the changes in language from the City Attorney. He asked 21 if the recommendations City Attorney Riggs made do not change the content or intent of 22 changing the Charter. Riggs stated that is correct. 23 24 City Attorney Riggs explained that he met with the Charter Commission last Thursday and the 25 Commission made a number of revisions and at the end of the meeting they agreed to the 26 language. 27 28 Councilmember Gunn stated she did not understand language in Subdivision Two B, which reads 29 “hold a public hearing upon at least 10 days posted and published notice in the City’s official 30 publication.” Councilmember Thomas stated it is not necessarily the normal grammatical. 31 Councilmember Gunn asked if it means notice must be given 10 days in advance. 32 33 Mr. Jonathan Thomas, 8040 Groveland Road, Chair of the Charter Commission, pointed out that 34 Mr. Riggs made the changes. Mr. Thomas stated that if the Council wants to direct Staff to make 35 changes, it is within the Council’s scope. He stated that the public hearing will be held, will be 36 posted 10-days prior, and will be published in the standard way the Charter has determined. He 37 stated the language is difficult and he believes that the intent has been captured, but it may be 38 able to be said more clearly. 39 40 Councilmember Gunn stated her problem is with the word “upon.” City Attorney Riggs stated 41 that there was no time frame for notice and that was the goal of the added language. 42 43 Councilmember Thomas clarified that the intent is to follow the ordinance procedure, but not 44 requiring other things that are required with ordinances. She stated this is not an ordinance, but 45 Mounds View City Council July 24, 2006 Regular Meeting Page 16 they are trying to make it follow the process for ordinances. 1 2 Councilmember Flaherty stated that he agrees with Councilmember Gunn that the language is 3 difficult to understand. Mr. Thomas stated that in the recommendation of it being a ballot 4 question, it can be included in the request that Staff clarify. 5 6 Councilmember Gunn asked about the City newsletter and how it will be published 10 days 7 ahead when there are only 6 newsletters published. Councilmember Stigney suggested the 8 language of “city newsletter when feasible, or the City website.” 9 10 Mr. Thomas stated Councilmember Stigney’s recommendation is well within the intent of the 11 language. He stated the listing of the additional items is to encourage the use, but the City 12 newsletter is the required use. Mr. Thomas stated it is reasonable to request Staff take a careful 13 consideration of the paragraph when drafting the final draft. 14 15 Councilmember Stigney asked about the formulas in Subdivision 1, which states the rate shall 16 not exceed the lesser of the following formulas. He asked about the inflationary index and asked 17 if the word “formulas” should be removed. Mr. Thomas stated there are two formulas, the lesser 18 of 5%, or CPI plus 2%. 19 20 Councilmember Thomas stated that there are two formulas, and any time a percentage is being 21 figured, it is a formula. She stated it is either a percentage of the budget, or the CPI plus a 22 percentage. Councilmember Stigney suggested the language “CPI plus 2% or a cap of 5%” be 23 used. 24 25 Mr. Thomas stated that if there is a better way for the langue to make sense, the Charter 26 Commission is not opposed to it. He stated the overall attempt is to put together a very carefully 27 planned restriction so the Council cannot implement a greater amount without taking it to the 28 voters. 29 30 Mayor Marty stated his concern is that the CPI was 10%, would the limit will be crippling to the 31 City in inflationary times. He stated a special election would cost the City a fair amount. He 32 stated if the City needs more than 5%, it would cost a significant amount to approve. 33 34 Mr. Thomas stated the Charter Commission agrees with the sentiment, but if the City finds itself 35 in the position of needing more money, the Council needs to take it to the voters with a special 36 election. He stated they reviewed with Finance Director Beer the last 10 years and next 5 years, 37 and the 5% would have worked in the past and will work in the future. He stated if times are that 38 tough, he believes the voters must be involved. 39 40 Mr. Thomas explained that, not counting the cuts in LGA, the numbers would all have worked 41 and they would not have had to go to the voters for any of the budgets. He stated they 42 considered both historical and projected needs, and designed the Charter to meet the City’s needs 43 even in times of hardship. He stated he believes they have come up with a workable solution 44 with reasonable limits. 45 Mounds View City Council July 24, 2006 Regular Meeting Page 17 1 Councilmember Stigney stated he agrees with Mr. Thomas and believes the restrictions are too 2 loose. He stated it is not the Council’s duty to discuss the “meat” of the Charter, but to debate 3 language. He stated there would be more money coming in from Medtronic in the future. He 4 agreed with the ballot option and that the Charter puts a reasonable cap on the City’s ability to 5 spend money. 6 7 Mayor Marty commended the Charter Commission for addressing and incorporating all of the 8 Council’s concerns. 9 10 MOTION/SECOND: STIGNEY/GUNN. To waive the reading and adopt Resolution 6884, 11 Considering an Amendment to Chapter 7 of the Mounds View City Charter as Proposed by the 12 Mounds View Charter Commission and Directing Staff to Prepare Language to be Placed on the 13 Ballot for a Vote of the Qualified Voters at the Next General Election Pursuant to the 14 Requirements of Minnesota Statute 4110.12. 15 16 Ayes – 5 Nays – 0 Motion carried. 17 18 I. Resolution 6889 Awarding a Construction Contract for the Medtronic Utility 19 Extension Project 20 21 Director Lee stated on July 13, the City received bids for the City Utility extension project. He 22 stated the main concern is about how the sanitary sewer will be brought under Highway 10. 23 24 Director Lee explained how the bids were made with two different alternatives, the first utilizing 25 an existing casing for the sanitary sewer, and Alternate two, which is for crossing Judicial Ditch 26 Number One to get the sanitary sewer on the east side of the ditch where Medtronic has 27 submitted approved plans to construct their sanitary sewer line 28 29 Director Lee stated the low bid was submitted by Dave Perkins Contracting, which was 30 $444,509, about $100,000 lower than the Engineer’s projection. He stated that bid alternate 31 number one would be an increase and it is the recommendation to go with alternate number two. 32 33 Director Lee stated it is recommended the City approve the base bid for Dave Perkins without 34 alternates number one or two. 35 36 Councilmember Flaherty asked for a brief explanation about the issues. Director Lee stated there 37 is a developer’s agreement with Medtronic that the City would provide the extension. He stated 38 the cost would be reimbursed by the developer. 39 40 Councilmember Thomas asked if there would be any disruption to traffic and Director Lee 41 responded it would not cause any disruption. 42 43 MOTION/SECOND: THOMAS/STIGNEY. To waive the reading and adopt Resolution 6889 44 Awarding a Construction Contract for the Medtronic Utility Extension Project. 45 Mounds View City Council July 24, 2006 Regular Meeting Page 18 1 Ayes – 5 Nays – 0 Motion carried. 2 3 J. First Reading and Introduction of Ordinance 778, an Ordinance Rezoning 4 the Properties Located at 2901 and 2925 County Road 10 and the Back Half 5 of 8060 Groveland Road to R-3, Medium Density Residential, in Support of 6 Integra Homes Request. 7 8 Director Ericson explained that this item has been before the Council and Planning Commission 9 several times. He reminded the City of the discussion and of the planned development for the 10 area. He stated the plan is within the Comprehensive Plan designation of mixed-use, but that the 11 Planning Commission had issues with what should be the use for this area. 12 13 Director Ericson stated that the Planning Commission recommended denial of the preliminary 14 plat. He noted that the developer considered the Planning Commission and residents’ comments 15 and brought forward a new plan that took into consideration the comments and concerns. 16 17 Director Ericson stated that this is a simple re-zoning, not a preliminary plat. He stated the 18 Planning Commission still has questions about whether this is the correct development for the 19 area and concerns with the density. 20 21 Director Ericson explained that the proposal is for 19 owner-occupied townhome units. He 22 stated the developer submitted an elevation with proposed units. He stated they would be 23 designed with decks on the back and concrete drives. He stated it is a nice development if 24 townhomes are determined to be the best use. 25 26 Director Ericson noted some of the feedback involved privacy issues, highest and best use for the 27 area, and that many adjacent residents felt that the property should be office or retail. Director 28 Ericson stated the mixed-use comprehensive plan provides for some flexibility, but that it is up to 29 the City to determine what is the best use for the property. He stated there was not a clear 30 distinction about what the best land use should be for the property. 31 32 Director Ericson stated the Planning Commission recommended that the City deny the re-zoning 33 because the townhomes did not adhere with what they believe should be in this area. He stated 34 that during the work session, two of three Councilmembers indicated that they like the 35 townhomes. He stated there are two options for action: approve or deny the re-zoning. 36 37 Director Ericson stated that the ordinance could be given a first reading and Staff could hold off 38 the second reading so the Council could go through the preliminary planning, and then approve 39 or deny the development. 40 41 Director Ericson stated Staff recommends giving first reading, but wait for the second reading to 42 allow Integra to submit a major subdivision and plan. He noted that this is not a published public 43 hearing, but there are residents who have comments and feedback. 44 45 Mounds View City Council July 24, 2006 Regular Meeting Page 19 Director Ericson stated that residents are concerned about traffic, fire safety, and whether the 1 homes are the best use of the property given the potential for a Vikings stadium. He mentioned 2 another consideration is if the City wants to break up the seven acre plot. He said the Planning 3 Commission suggested the City undertake a marketing analysis and feasibility study to determine 4 highest and best use for the property. He stated the Planning Commission is asking for an 5 authorization for a market study for the area. 6 7 Duane Waldoch, 2935 County Road 10, stated he is surprised the issue came up at the Council 8 and that he was not notified. He stated he is not against townhomes, but is against how the 9 townhomes will be put in the property. He stated that the PUD was set up to put something 10 together at that point. 11 12 Mr. Waldoch stated townhomes would demolish the process of the PUD that was going through. 13 He stated that Mounds View has a beautiful corridor set up for future development, and that a 14 residential development is not proper for County Road 10. He stated the re-zoning will not 15 benefit the City of Mounds View. He stated there should be more studies done before buildings 16 are built. He stated that he believes County Road 10 will be desirable in the near future and 17 townhomes are not the best use. 18 19 Mark Schnoor, 2949 Highway 10, stated he agrees with Mr. Waldoch. He stated that at one time, 20 it was discussed that County Road 10 access for he and Waldoch would be cut. He stated 19 21 more families on County Road 10 is a safety factor. 22 23 Brian Bourassa, MFRA Engineering representing Integra Homes, stated that after the initial 24 Planning Commission denial he spoke with Staff and residents, and the homes were oriented 25 differently and significant landscaping was added. 26 27 Mr. Bourassa stated they reduced the density of the townhomes and that 19 units does not reach 28 the maximum of medium (R-3) density. He stated that the Comprehensive Plan states that this 29 area is defined as mixed-use. He stated that his plan is designed to link the area with the other 30 parcels. He stated there was some discussions about whether the linkages would increase traffic 31 on Groveland and that his plan is to keep some access point. 32 33 Mr. Bourassa stated Integra Homes has researched the viability for a commercial or office real 34 estate and neither use was determined to be viable. He stated that Integra believes the 35 townhomes will provide an excellent development along County Road 10. He stated he believes 36 townhomes are the highest and best use for the parcel. 37 38 Mr. Jahnke agreed with Mr. Waldoch that County Road 10 should not have residential units right 39 on the highway. 40 41 Councilmember Stigney stated that Mr. Bourassa pointed out the problems with making the 42 parcel commercial, and that there are limited access points. He stated a business would increase 43 traffic more than the townhomes would. He stated that Integra owns the property and they do not 44 have the option of the PUD. Councilmember Stigney stated he agrees with the re-zoning. 45 Mounds View City Council July 24, 2006 Regular Meeting Page 20 1 MOTION/SECOND: STIGNEY/GUNN. To waive the reading and accept first reading and 2 Introduction of Ordinance 778, an Ordinance Rezoning the Properties Located at 2901 and 2925 3 County Road 10 and the Back Half of 8060 Groveland Road to R-3, Medium Density 4 Residential, in Support of Integra Homes Request. 5 6 Councilmember Flaherty stated that the area is already zoned for a business, and asked “if not 7 townhomes, then what.” He brought up the example of a gas station or liquor store and asked 8 what the residents would prefer. He stated that he does not believe a commercial business will 9 increase the property value of the homes in the area as much as townhomes. He stated he would 10 like to see if there is a workable solution with more feedback. He stated he is stuck because he 11 does not know what else residents would like. 12 13 Councilmember Gunn stated it comes down to the people who own the property and that they can 14 develop it they way they see fit. She stated the property owners could sell the land to a less 15 desirable entity. 16 17 Mr. Waldoch restated his concern. 18 19 Director Ericson stated the properties have a designated zoning, and tomorrow the land could be 20 developed as long as the zoning was consistent. He stated that any business could go in that area 21 that is consistent with the zoning of the property. He stated that the property can be developed, 22 as it sits presently, with its business zoning. 23 24 Councilmember Thomas stated she understands the request. She stated it is almost an arbitrary 25 decision, but at some point, the Council will make the call about the best use of the property. She 26 stated that the Council needs to make the decision if townhomes are the best use of the property. 27 She stated at some point, the discussions will continue until the Council makes a decision. She 28 stated that the Council either needs to make a decision, or request a market study to determine 29 the best use. 30 31 Mayor Marty stated his concern is that residents have not been notified. Director Ericson 32 explained that he has made every effort to notify residents of what is going on. Mayor Marty 33 stated that the property owners he spoke to expressed a desire to keep the 7 acres as one unit in 34 the PUD. He stated that the property owners outside of the proposed project would be willing to 35 sell. 36 37 Mayor Marty voiced his concern that taking the property out of the middle makes it unfeasible to 38 develop the 7 acres as one unit. Mayor Marty stated he would not like to see the property broken 39 up in the middle. Mayor Marty stated that Economic Development Coordinator Backman gave 40 the City a “heads up” about an assisted-living home. 41 42 Mayor Marty stated the proposed townhomes would increase the market value of the property to 43 $4.7 million and an assisted living facility, which Mounds View does not have, would have a 44 market value of $6-7 million for 40 units in one building. He suggested the Council consider 45 Mounds View City Council July 24, 2006 Regular Meeting Page 21 such a development before making a decision. 1 2 Mayor Marty stated he would like to determine what the City wants and needs in the area with a 3 market feasibility study as recommended by the Planning Commission. He suggested the 4 Council consider the assisted living facility before making a decision. He stated he is not 5 convinced that the townhome development is the best use for the property. 6 7 Councilmember Thomas stated that the Council has discussed Staff’s recommendation to 8 postpone the second reading of the ordinance. Director Ericson stated that the Council could 9 move to wait for the second reading for an allotted period of time. 10 11 Ayes – 4 Nays – 1 (Marty) Motion carried. 12 13 Mr. Bourassa asked if the delay for the second reading is customary. Director Ericson stated the 14 suggestion to wait for the second reading is to provide the City with leverage to ensure that the 15 applicant submits a plan consistent with the City’s vision for the area. He stated there will be a 16 good faith effort to work together moving forward with the re-zoning. 17 18 Coordinator Backman stated that for the purposes of the developer, there should be assurance of 19 action. 20 21 Councilmember Gunn stated that six months is awfully long to wait. Director Ericson stated that 22 as soon as the Council receives the site plan and major subdivision application there will be the 23 second reading, with a six month time limit. 24 25 Councilmember Flaherty exited the Council meeting at 10:00 p.m. 26 27 CONTINUATION OF MEETING 10:00 p.m. 28 29 MOTION/SECOND: THOMAS/MARTY. To continue the City Council meeting until 10:45 30 p.m. 31 32 Ayes - -- 4 Nays - --0 Motion carried. 33 34 K. Resolution 6890 Approving Change Order No. 2 for the Random Park 35 Building Replacement Project. 36 37 Director Lee explained that the first Change Order was for a soils correction. He stated that the 38 soils correction would have had to be done regardless of moving the old building or building a 39 new building. He stated the second issue is mold abatement that needs to be done. He stated that 40 they removed siding and sheeting that was affected by the mold in regulation with the 41 Department of Health. 42 43 Mayor Marty asked the cause of the mold, Director Lee stated it was due to an irrigation system. 44 45 Mounds View City Council July 24, 2006 Regular Meeting Page 22 MOTION/SECOND: MARTY/GUNN. To waive the reading and adopt Resolution 6890 1 Approving Change Order No. 2 for the Random Park Building Replacement Project. 2 3 Councilmember Stigney stated he does not agree with the expense. 4 5 Ayes – 4 Nays – 0 Motion carried. 6 7 L. Resolution 6874 Approving a Letter Agreement with the firm of Bonestroo, 8 Rosene, Anderlik, and Associates to Assist the City with a Traffic Study of 9 the Northwest Area of the City. 10 11 Director Lee reported this issue was brought up at July 10th and at that time the estimated cost 12 was $43,420, which was not approved. Director Lee presented the Council with a revised 13 proposal with a reduced cost estimate of $28,850. 14 15 Director Lee explained the changes. He suggested reducing project meetings from four to two 16 under Task One, and to reduce Bonestroo personnel from three to two. He explained that under 17 Task Three, it has been suggested to delete the orientation and destination study for Groveland 18 and Eastwood Drive. He suggested the City reduce number of site visits, reduce alternates from 19 six to three, and for Task 10 and 11, reduce the number of meetings. He stated the Council could 20 hold a work session/neighborhood meeting, and have Staff vs. Consultants present the final 21 report. 22 23 Councilmember Flaherty returned at 10:05 p.m. 24 25 David Jahnke, 8428 Eastwood Road, asked who requested the traffic study. He stated traffic has 26 not changed too much and suggested the traffic study be done when Medtronic is finished. He 27 stated he does not understand why it would be done now and believes it should be done when 28 Medtronic is finished. 29 30 Mayor Marty stated the study is more involved. He stated that he would rather run traffic 31 counters across the streets and then determine traffic after Medtronic is finished. Mr. Jahnke 32 agreed. 33 34 Councilmember Gunn stated that residents requested the traffic count. She asked if the purpose 35 of the study is to determine what is going on regarding traffic in the City, and asked what the City 36 will do with the numbers once they get them. 37 38 Director Lee addressed the Medtronic question and stated there was a traffic study done as part of 39 the Medtronic development. He stated that those projected numbers would be incorporated into 40 the proposed traffic study. He stated that waiting would cost more money to do changes to 41 certain areas so that the roads are done before Medtronic is in. He stated the study would 42 determine what needed to be done as far as Medtronic is concerned. 43 44 Mayor Marty stated that if there are large projected numbers, the firm would identify streets 45 Mounds View City Council July 24, 2006 Regular Meeting Page 23 needing traffic calming measures. He stated the residents have requested the traffic study. He 1 suggested simple traffic counts could be sufficient and asked that such traffic counts be 2 incorporated into the plan. 3 4 Director Lee stated one of the activities in the study will determine what types of counts could be 5 done on certain roads. Mayor Marty asked if the City could contract with the firm to determine 6 what kinds of counts can and should be done. Mayor Marty reiterated his concern about the cost 7 of the study. He asked if BRAA could determine the least amount that needs to be done. 8 9 Councilmember Gunn asked if the study would give a false count with County Road J blocked 10 off. Director Lee stated that there is a factor that MNDOT uses for construction traffic that will 11 be incorporate into the BRAA study. 12 13 Councilmember Gunn asked about the intent of the study. Director Lee stated it is to determine 14 what can be done in the northwest area with street design and traffic calming, and what the 15 effects on other roads will be with the other options. He stated the intent is to determine what 16 options they have and the impact of various street redevelopment. 17 18 Mayor Marty pointed out that previous traffic studies did not take into account City streets, they 19 just measured arterials. Director Lee stated there is data regarding zip codes so that the firm will 20 know what kind of traffic will be coming through Mounds View. 21 22 Councilmember Flaherty stated that several problems were identified and addressed. He stated 23 that he does understand the benefit of the Study. 24 25 Mayor Marty asked who supports traffic counters. Councilmember Stigney stated the City has 26 the traffic counters and suggested the counters be used. 27 28 MOTION/SECOND: FLAHERTY/STIGNEY. To waive the reading and deny Resolution 6874 29 Approving a Letter Agreement with the firm of Bonestroo, Rosene, Anderlik, and Associates to 30 Assist the City with a Traffic Study of the Northwest Area of the City. 31 32 Ayes – 5 Nays – 0 Motion carried. 33 34 Mayor Marty asked if traffic counters could be used. 35 36 Director Lee asked for some latitude from the City to work with BRAA about what the City can 37 do regarding some traffic counts, but not studies. Councilmember Thomas asked the letter of 38 agreement be limited. 39 40 M. Resolution 6892 Approving the Selection of Oops Dinner Theatre as a 41 Mounds View Community Center tenant and Authorizing staff to prepare an 42 Interim Lease Agreement. 43 44 Coordinator Backman stated that the Council would be licensing space for a dinner theater. He 45 Mounds View City Council July 24, 2006 Regular Meeting Page 24 stated that the dinner theater is looking to relocate after an issue with their space in Roseville. 1 2 Coordinator Backman stated the applicants toured the Community Center and determined it 3 would be an acceptable space for their theater. He stated it provides excellent visibility and 4 accessibility for their guests. 5 6 Coordinator Backman stated there is a proposal for a short-term lease of seven months to allow 7 the theater to finish their summer series and holiday show. He stated it would allow the City a 8 profit-generating use with low risk. He stated the agreement would allow for renegotiation of the 9 contract for a potential long-term lease. 10 11 Coordinator Backman stated that from a revenue standpoint, about 8,000 tickets will be sold, and 12 the revenue to the City in the next seven months is $34,000, on an annualized basis, it will be 13 $45,000 to $48,000. 14 15 Coordinator Backman stated that Staff recommends approval of the Oops Dinner Theater and 16 instructions to Staff to prepare a lease agreement. He stated there will be another time where the 17 Council will review the lease agreement. 18 19 MOTION/SECOND: STIGNEY/FLAHERTY. To waive the reading and adopt Resolution 6892 20 Approving the Selection of Oops Dinner Theatre as a Mounds View Community Center tenant 21 and Authorizing Staff to prepare an Interim Lease Agreement. 22 23 Councilmember Flaherty asked if alcohol would be involved with the dinner theater. 24 Coordinator Backman replied it would and explained the caterer who is interested in working 25 with the theater group. 26 27 Councilmember Flaherty stated that the lease offers the City additional time to reconsider the 28 fitness center plans at the Community Center. He asked Oops Dinner Theater about the 6.8% of 29 tickets sales that will be given to the City. Coordinator Backman replied there are some 30 discounts on certain types of tickets, such as senior citizens, youth, and large groups. He stated 31 that the discounts represent less than 20% of the tickets sold, which may reduce the net revenues 32 by the City about 2-3%. Councilmember Flaherty replied he would like more than the 6.8% 33 ticket revenue as a rental fee. 34 35 Mary Kay Fangel, of Oops Dinner Theater, explained that in addition to the 6.8%, Oops will pay 36 $1000 base rental every month. She stated they are hoping to give a discount to Mounds View 37 residents. 38 39 Councilmember Stigney stated that he would like to have access to the income statements from 40 Oops after the interim lease. Coordinator Backman replied that the theater is willing to provide 41 detailed records. Ms. Fangel replied that they would provide all financial documents to the City. 42 She stated that the caterer will be receiving the funds from the liquor and food sales will handle 43 the appropriate licensing and permits. 44 45 Mounds View City Council July 24, 2006 Regular Meeting Page 25 Councilmember Stigney stated that the community Center makes profit off of liquor sales and 1 suggested Oops Theater take that into consideration. 2 3 Councilmember Stigney asked about the language “lessee may consider an additional base rate” 4 in the lease and suggested some language be moved. Coordinator Backman stated it is a rough 5 draft and he will revise and improve the lease. 6 7 Councilmember Thomas stated that the main goal of the Community Center task force is to make 8 the space available to the residents. She stated that she would like to ensure that a banquet center 9 and facilities are open to residents. She stated that some revenue coming in on a temporary basis 10 is positive, but the City needs to determine what they want for the space long-term. 11 12 Councilmember Thomas stated that she is not convinced that the dinner theater is a long-term 13 solution. She explained that the dinner theater will not serve the entire community and she 14 would like the banquet center to be open to the public. She stated every time a proposal is 15 introduced in which the building will make money, it reduces its capacity to serve the residents. 16 17 Councilmember Stigney stated that the fitness center would not produce revenue. He stated that 18 the Oops Theater will give the City time to discuss the Community Center, which may or may 19 not include the theater. 20 21 Councilmember Gunn stated concern about the Oops Theater’s schedule because there is a 22 significant amount of time that the Community Center will be unavailable. She noted her 23 concern that the banquet facility will not be available for residents. She mentioned the banquet 24 facility and senior room will be occupied. She stated that she understands the need to bring in 25 added revenue to keep the Center going. 26 27 Marta McIntyre, manager of the Community Center, commented on the use of the Event Center. 28 She stated that allowing Oops Theater limits programming in the Community Center that will be 29 offered to residents. 30 31 Mayor Marty commented that people are being turned away from the Community Center due to 32 scheduling. Ms. McIntyre stated that the rooms requested by Oops Theater are the only ones that 33 will house over 15 people. She added that three wedding requests are being held off until after 34 the Council’s decision. 35 36 Mayor Marty stated he does not believe Oops Theater is consistent with the key findings for the 37 Community Center. He stated his belief that Oops Theater would alienate Mounds View 38 citizens. He stated that Mounds View residents often use other Cities’ facilities because they 39 cannot afford to use Mounds View’s. He stated the new Community Center Coordinator should 40 work with the YMCA for a marketing plan. 41 42 Ms. Fangel stated that November, December, and January are peak times for their shows, and 43 they are hoping to schedule for the needs during those times, but are willing to be flexible with 44 the facility use. She stated that there are breaks between the shows and they are not looking to 45 Mounds View City Council July 24, 2006 Regular Meeting Page 26 monopolize the space. She stated the main reason for using the multipurpose C room is for 1 rehearsals. She stated that weekends are their peak times and they are hoping to use those dates 2 regularly. 3 4 Councilmember Flaherty asked how important Multipurpose Room C is to McIntyre and the 5 Community Center. She responded that it is the main room used for their programming. She 6 stated it is being used 6:30 a.m. to 6:00 p.m. She added that the Multipurpose Room would be 7 unavailable during performances as well. 8 9 City Attorney Riggs suggested no decision should be made on the resolution and that Staff 10 should come back with a lease at the next meeting. 11 12 Councilmembers Stigney and Flaherty WITHDREW their motion to approve Resolution 6892 13 Approving the Selection of Oops Dinner Theatre as a Mounds View Community Center tenant 14 and Authorizing Staff to prepare an Interim Lease Agreement. 15 16 MOTION/SECOND: STIGNEY/FLAHERTY. To Direct Staff to prepare a Lease Agreement 17 with Oops Dinner Theater and bring it back to the Council for approval. 18 19 Councilmember Flaherty asked that Oops Theater and the Community Center Staff work together 20 regarding scheduling. 21 22 Councilmember Gunn asked about the weddings. Mr. McIntyre replied there is one in 23 September, one in April, and one in June. Councilmember Gunn asked if they should go ahead 24 and book the weddings. Councilmember Flaherty stated the only one in conflict would be 25 September. Mayor Marty stated that he would approve the weddings. 26 27 Councilmember Thomas asked for an answer regarding weddings. She stated that the Council 28 needs to make the decision. 29 30 Councilmember Stigney stated that he would like to go back to the original option approving the 31 six-month lease with Oops. 32 33 Ayes – 4 Nays – 1 (Marty) Motion carried. 34 35 CONTINUATION OF MEETING 10:50 p.m. 36 37 MOTION/SECOND: STIGNEY/THOMAS. To continue the City Council meeting until 11:10 38 p.m. 39 40 Ayes – 5 Nays –0 Motion carried. 41 42 Mr. Jahnke stated he attended the Airport Commission meeting and approved a runway. He 43 stated the noise counts are up and there is a consideration of a motel and restaurant in the corner 44 near the airport. 45 Mounds View City Council July 24, 2006 Regular Meeting Page 27 1 Councilmember Thomas asked about the noise count from Mounds View residents. Mr. Jahnke 2 stated he would supply the Council with the count. 3 4 8. CONSENT AGENDA 5 6 Councilmember Stigney asked to remove Item A. 7 8 A. Resolution 6881 Removal of Propane Tank/Filling Station 9 B. Licenses for Approval 10 C. Resolution 6887 Approving the 2006 Festival in the Park Agreement 11 D. Resolution 6885 Approval to hire a Police Officer to Fill the Current Opening 12 on the Police Department 13 E. Set a Public Hearing for Monday, August 14, 2006, at 7:05 p.m. Consider a 14 Conditional Use Permit for an Oversize Garage at 2932 Wooddale Drive. 15 16 MOTION/SECOND: MARTY/STIGNEY. To Approve the Consent Agenda as amended. 17 18 Ayes – 5 Nays – 0 Motion carried. 19 20 A. Resolution 6881 Removal of Propane Tank/Filling Station 21 22 Councilmember Stigney asked if the current station runs on electricity. Public Works Supervisor 23 Pittman stated it is a natural gas-run motor and originally had a five-gallon propane tank that was 24 there for emergencies. He stated that there is one vehicle left on it, but they are replacing a 1,000-25 gallon tank to back it up in case of emergency. He stated they have never had to use it. 26 27 Councilmember Stigney asked the costs to run it off of electric. Public Works Supervisor Pittman 28 stated it has been considered, and due to emergency situations, the natural gas may be the way to 29 go for back-up. 30 31 MOTION/SECOND: GUNN/STIGNEY. To waive the reading and adopt Resolution 6881, 32 Removal of Propane Tank/Filling Station. 33 34 Ayes – 5 Nays – 0 Motion carried. 35 36 9. JUST AND CORRECT CLAIMS 37 38 Councilmember Flaherty asked Finance Director Beer to comment about cell phones. Finance 39 Director Beer stated that the City has reduced monthly phone bill by $250 by changing their plan 40 with Nextel. 41 42 MOTION/SECOND: FLAHERTY/MARTY. To approve the Just and Correct Claims as 43 presented. 44 45 Mounds View City Council July 24, 2006 Regular Meeting Page 28 Ayes – 5 Nays – 0 Motion carried. 1 2 10. APPROVAL OF MINUTES 3 4 A. June 26, 2006 City Council Meeting Minutes 5 B. July 10, 2006 Regular Session 6 C. July 10, 2006 Executive Session 7 8 The Council agreed to add the minute corrections and approvals to the next Council meeting 9 agenda as a special order of business. 10 11 11. REPORTS 12 13 A. Reports of Mayor and Council 14 15 Mayor Marty mentioned the Festival in the Park and stated that last month’s Mounds View 16 Matters is being delivered. 17 18 Councilmember Thomas asked if Staff looks into the delay in delivery for the Mounds View 19 Matters. Mayor Marty stated it is getting worse instead of better. Councilmember Gunn stated it 20 does no good to have it delivered after the programs are passed. Councilmember Thomas stated 21 she has heard more about Mounds View Matters from residents than she has about billboards. 22 23 B. Reports of Staff 24 25 Director Lee reported regarding the street project, about whether to include Sherwood Road in 26 with the proposed road redevelopment projects. He stated the deadline for the voting form was 27 Friday and two votes were received, one in favor, one opposed. Director Lee recommended the 28 previous survey as a tie-breaker and that the section of Sherwood not be included. 29 30 Mayor Marty stated that the City asked for a traffic study and the costs surprised the Council. He 31 commended Director Lee for working on the study as the Council asked. 32 33 C. Reports of City Attorney 34 35 City Attorney Riggs stated there is with a summary and a proposal finalizing the issues with 36 Police Chief Ramaker. He stated he would like to finalize this officially. 37 38 Councilmember Thomas asked if the issue could be brought back at the next meeting. City 39 Attorney Riggs stated that is fine. 40 41 12. Next Council Work Session: Monday, August 7, 2006, at 7 p.m. 42 Next Council Meeting: Monday, August 14, 2006, at 7 p.m. 43 44 13. ADJOURNMENT 45 Mounds View City Council July 24, 2006 Regular Meeting Page 29 1 The meeting was adjourned at 11:04 p.m. 2 3 Transcribed by: 4 5 Lauren McKay 6 TimeSaver Off Site Secretarial, Inc. 7 Item No. 7C Meeting Date: August 28, 2006 Type of Business: CB WK: Work Session; PH: Public Hearing; CA: Consent Agenda; CB: Council Business City Administrator Review _______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Greg Lee, Director of Public Works Item Title/Subject: Resolution 6906 Approving the Feasibility Report, Holding the Public Improvement Hearing, Ordering the Project, Authorizing Plan and Specifications for the County Road 10 Trailway Project: Segments 9&10 Background: On January 9, 2006 the City Council approved Resolution 6716 authorizing the preparation of a preliminary feasibility report and consultant selection for the County Road 10 Trailway, Lighting, and Landscape Project. At that time, the City Council gave direction that the City should proceed with two segments of trailway along the County Road 10 corridor: 1.) The segments on the north side between County Road H and Silver Lake Road (Segments 1-6) and; 2.) the segments on the south side between Long Lake Road and Silver Lake Road (Segments 9 & 10). On August 7, 2006, a draft Preliminary Feasibility Report for the County Road 10 Trailway Project: Segments 9&10 was submitted for the City Council’s review. On August 14, 2006 the City Council approved Resolution 6915 setting a Public Improvement Hearing date of August 28, 2006 for the County Road 10 Trailway Project: Segments 9 &10. Discussion: Preliminary Report - On the basis of the City Council's previous action, a preliminary feasibility report has been prepared for the trailway segment on the south side between Long Lake Road and Silver Lake Road (Segments 9 & 10) and is submitted for the City Council’s review. Enclosed is a copy of said report. This report is very comprehensive. The report includes a base project consisting of a ten foot (10’) bituminous trailway on the south side of County Road 10 from Silver Lake Road to Long Lake Road. The base project also includes pedestrian lighting and landscaping. The report also includes connection alternatives. Public Improvement Hearing – As per State Statute 429.031: “Before the municipality awards a contract for an improvement or orders it made by day labor, or before the municipality may assess any portion of the cost of an improvement to be made under a cooperative agreement with the state or another political subdivision for sharing the cost of making the improvement, the council shall hold a public hearing on the proposed improvement following two publications in the newspaper of a notice stating the time and place of the hearing, the general nature of the improvement, the estimated cost, and the area proposed to be assessed.” The purpose of the public improvement hearing is to provide interested parties an opportunity to learn more about the proposed improvements and to comment on them. Pursuant to Resolution 6915 a public hearing was set for August 28, 2006. The hearing was advertised in the City’s official newspaper, The New Brighton- Mounds View Bulletin, on August 16th and 23rd of this year. The Public Hearing Notice and information on this project was published on the City’s web site. A Public Improvement Hearing Notice, along with a copy of the draft feasibly report, was sent via direct mail to all owners of property adjacent to this proposed project – south side of County Road 10 from Silver Lake Road to Long Lake Road. This was done utilizing the County Tax Record Database. The hearing notice was also hand-delivered to the aforementioned properties. Considerations if the Project Proceeds There are currently several aspects of this draft report on which Staff is seeking direction from the City Council. These are: • Is the base project, which includes the trailway, lighting, and landscaping, acceptable to the City Council as proposed in the report? • With regard to the connection alternatives: How does the City Council wish to proceed? If the City Council wishes to delete any or all of these connection alternatives, this can be done at three points in the project schedule: o At the time the report is approved o After plans and specifications are created for these alternatives o After bids are received but before a contract is awarded • How should this project be funded? Tax Increment Financing? Also, if the connection alternatives are included in the project, how should they be funded? Order the Project – Should the Council wish to proceed with this project, the next step in the public improvement process is to order the project. Authorize Plans and Specifications – The next step in the engineering process is to order the preparation of plans and specifications. Easement Preparation Activities (For Connection Alternatives) - The feasibility report indicates that there may be a need for additional temporary construction easements and permanent easements for items associated with the Connection Alternatives. To ensure that the project stays on schedule, easement preparation activities will need to commence as soon as plans indicate to what extent they will be needed. For this reason, Staff is requesting authorization to initiate these activities at this time. Such activities will include: discussions with property owners, necessary appraisals, boundary sketches, legal descriptions, and drafting of the legal easement documents. What’s Next – Should the Council wish to proceed with this project, the following is a tentative schedule: Approve Final Report, Hold Hearing, Order Project, Authorize Preparation of Plans and Specifications August 28, 2006 Council Reviews Preliminary Design of Landscape Architecture Elements October 2, 2006 Council Approves Preliminary Design of Landscape Architecture Elements October 9, 2006 Approve Plans and Specifications and Sets Bid Date November 13, 2006 Open Bids December 7, 2006 Award Construction Contract December 11,2006 Begin Construction January 2, 2007 Complete Construction September 1, 2007 Recommendation: It is recommended the City Council approve a resolution to approve the feasibility report, hold a public improvement hearing, order the project, authorize the preparations of plans and specifications, and authorize easement preparation activities for the County Road 10 Trailway Project: Segments 9&10. Respectfully Submitted, Greg Lee, Director of Public Works RESOLUTION 6906 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING THE FEASIBILITY REPORT, HOLDING A PUBLIC IMPROVEMENT HEARING, ORDERING THE PROJECT, AUTHORIZING THE PREPARATIONS OF PLANS AND SPECIFICATIONS, AND AUTHORIZING EASEMENT PREPARATION ACTIVITIES FOR THE COUNTY ROAD 10 TRAILWAY PROJECT: SEGMENTS 9&10 WHEREAS, on January 9, 2006 the City Council approved Resolution 6716 authorizing the preparation of a preliminary feasibility report and consultant selection for the County Road 10 Trailway, Lighting, and Landscape Project; and WHEREAS, on August 7, 2006, a draft Preliminary Feasibility Report for the County Road 10 Trailway Project: Segments 9 &10 was submitted for the City Council’s review; and WHEREAS, on August 14, 2006 the City Council approved Resolution 6915 Setting a Public Improvement Hearing Date of August 28, 2006; and WHEREAS, the feasibility report has been prepared and does find the construction of said improvements to be necessary, cost effective and feasible; and WHEREAS, should the Council wish to proceed with this project, the next step in the public improvement process is to order the project; and WHEREAS, should the Council wish to proceed, the next step in the engineering process is to order the preparation of plans and specifications; and WHEREAS, the feasibility report indicates that there is a need for additional temporary construction easements and permanent easements for items associated with the Connection Alternatives; and WHEREAS, the following is a list of recommended actions, should the City Council wish to proceed with this project: approve the feasibility report, hold a public improvement hearing, order the project, authorize the preparations of plans and specifications, and authorize easement preparation activities for the County Road 10 Trailway Project: Segments 9&10. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota as follows: 1. The feasibility report for the County Road 10 Trailway Project: Segments 9&10, which was prepared pursuant to Resolution 6716, was submitted to the City by the engineering firm of Bonestroo, Rosene, Anderlik and Associates (BRAA) dated August 2006 finds the improvements to be necessary, cost effective and feasible and is hereby approved. 2. Said improvements are hereby ordered and shall hereafter be known and referred to as the County Road 10 Trailway Project: Segments 9&10. Said ordering of the improvements shall be valid for a period of eighteen (18) months from the date of adoption of this resolution. 3. The entire cost of said improvements shall be funded through the City of Mounds View Tax Increment Fund. 4. The preparation of plans and specifications of said project is authorized. 5. All activities associated with the preparation of temporary construction easement and permanent easement agreements for items associated with the Connection Alternatives, which includes discussions with property owners, necessary appraisals, boundary sketches, legal descriptions, and drafting the legal easement documents, are hereby authorized. Adopted this 28th day of August 2006. (ATTEST) ____________________________________ Rob Marty, Mayor (SEAL) ____________________________________ Kurt Ulrich, City Administrator August 16, 2006 PUBLIC HEARING NOTICE Notice is hereby given that the City Council of Mounds View will meet in the Council Chambers of the City Hall, 2401 highway 10, Mounds View, MN at 7:15pm on August 28, 2006, to consider the making of an improvement to provide a multi–use trail corridor consisting of a ten foot (10’) wide bituminous trailway on the southside of County Road 10 from Silver Lake Road to Long Lake Road including pedestrian lighting, landscaping, and connection alternatives to existing public and private property pursuant to Mounds View City Charter - Chapter 8, and Minnesota Statutes Sections 429.011 to 429.111. A copy of the draft feasibility report for this proposed public improvement is available for review at the Mounds View City Hall and is available on-line at: http://www.ci.mounds-view.mn.us/ There are no properties proposed to be assessed for said improvements. The estimated cost of the improvement is $1,205,100.00. This amount is comprised of two parts. The base project in the amount of $736,800.00 for the trailway, landscaping, and lighting, and $468,300.00 for trailway connection alternatives. Such persons as desire to be heard with reference to the proposed improvement will be heard at this meeting. Kurt Ulrich, City Administrator New Brighton Bulletin: August 16, 2006 August 23, 2006 Item No: 07D Meeting Date: August 28, 2006 Type of Business: CB Administrator Review: _____ 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: Aaron Backman Item Title/Subject: Status Report in regard to the Interim Lease Agreement with Oops Dinner Theatre in the Mounds View Community Center and Negotiations Status: The Oops Dinner Theatre concept was presented to the Mounds View City Council at its July 17, 2006 Work Session. At the July 24, 2006 City Council meeting the Council instructed City staff to prepare an Interim Lease Agreement between the City and the dinner theatre. A short-term lease of seven months that would run from September of 2006 through March of 2007 was discussed at the August 14, 2006 City Council meeting. Several areas were discussed including the revenue model and scheduling considerations. The per ticket revenue model and a base rent model were discussed. Staff has met with the dinner theatre and the YMCA to discuss issues related to rooms and schedules. Staff has also discussed provisions of the interim lease agreement with the City Attorney and Oops Dinner Theatre. The dinner theatre would use the Banquet area, Multi-purpose Room “C” and Room “D”. At the present time negotiations regarding the lease agreement are still ongoing. The main issues revolve around access to the lease space, schedule coordination, and teardown and setup of stage sets, etc. As part of a potential utilization of offices by the YMCA, City staff obtained a proposal from a local contractor (T&G Builders) to remove two non-load bearing walls to open up the space for larger groups. The cost for the work is $3,100 (see attached proposal). The contractor indicates that the work could be completed in approximately one week. Recommendation: As negotiations have not concluded, City staff recommends that the proposed contract go before the City Work Session on September 5th. Respectfully submitted, ____________________________ Aaron Backman Economic Development Coordinator \\Trout\CommDev\Economic Development\COUNCIL\Item 7D Status of Oops Dinner Theatre Interim Lease 8.28.06.doc Item No: 07F Meeting Date: August 28, 2006 Type of Business: Council Business City Administrator Review: _______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree M. Crane Assistant to the City Administrator Item Title/Subject: Resolution 6922 Approving 2006-2007 Labor Agreement with AFSCME Background: The AFSCME membership approved the revised contract provisions at a meeting on August 14, 2006. The contract items are consistent with the Council’s position established at the August 14, 2006 Executive Session. Discussion: The revised contract includes the following provisions: 1. Wages and Insurance 3% January 1, 2006 3% January 1, 2007 2. Insurance: The 2006 Employer Contribution will be $685.20 for family coverage and $732.20 for 2007. To the extent allowed by law, the employer would pay Basic Medicare Select Senior Gold Plan premium up to the employee benefit amount for employees with such coverage. Said benefit will be done as a letter of understanding so as to avoid the concern of setting a precedent for other employees. This letter of understanding will be updated into the 2006-2007 AFSCME Contract. 3. Uniform Allowance: The uniform allowance will be set at $330 for 2006 and $340 for 2007. 4. Retirement Health Savings Plan The City agrees to add the Retirement Health Savings Plan language as stated in Section 3.45 of the Mounds View Personnel Manual. 5. Holidays The City agrees to add the same Holiday language as stated in Section 3.10 of the Mounds View Personnel Manual. 6. Vacation City agrees to add an additional accrual of 25 days after 20 years of service. There will be no accumulation of one day per year after 15 years. 7. Leave of Absence The City agrees to add the Leave of Absence as stated in Section 2.05 (Family and Medical Leave) of the Mounds View City Personnel Policy. 8. Education – Tuition Reimbursement The City agrees to add Tuition Reimbursement language as stated in Section 1.53 of the Mounds View Personnel Manual. 9. Work Out of Class The following language will be added to the contract: Employees assigned, in writing, by the EMPLOYER to assume the full responsibility and authority of a higher job classification shall receive the salary schedule for the higher classification for the duration of the assignment. 10. Severance Severance eligibility requirements will be reduced to 8 years in 2006 and reduced to 6 years in 2007. 11. Wage Re-opener Upon execution of this Agreement, the Agreement may be reopened by either party on the issues of wages. A party so desiring to reopen the Agreement must do so by serving written notice on the other party no later than July 31, 2007. Wage adjustments will be considered for positions as required to come into compliance with pay equity laws, and for positions that fall above or below the City’s Classification and Compensation Plan. Compensation ranges above the market average will be frozen until the position reaches an agreed upon market range. 12. The Communications Coordinator and the Temporary Building Inspector will be added to the contract. 13. Any language pertaining to the Golf Course will be taken out of the contract. 14. The duration of the contract will be two years (January 1, 2006 to December 31, 2007). 15. AFSCME Council Number 14 will be changed AFSCME Council Number 5 throughout the contract. Recommendation: It is recommended that the City Council approve the attached Resolution 6922 approving the 2006-2007contract for the AFSCME, Council 5 Union. Respectfully submitted, Desaree M. Crane RESOLUTION 6922 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING THE 2006-2007 LABOR AGREEMENT WITH AFSCME UNION LOCAL 5 WHEREAS, the City Council does hereby ratify the AFSCME Union, Local 5 Bargaining Unit Contract for 2006 and 2007, with the following amendments: 1. Wages and Insurance 3% January 1, 2006 3% January 1, 2007 2. Insurance: The 2006 Employer Contribution will be $685.20 for family coverage and $732.20 for 2007. To the extent allowed by law, the employer would pay Basic Medicare Select Senior Gold Plan premium up to the employee benefit amount for employees with such coverage. Said benefit will be done as a letter of understanding so as to avoid the concern of setting a precedent for other employees. This letter of understanding will be updated into the 2006-2007 AFSCME Contract. 3. Uniform Allowance: The uniform allowance will be set at $330 for 2006 and $340 for 2007. 4. Retirement Health Savings Plan The City agrees to add the Retirement Health Savings Plan language as stated in Section 3.45 of the Mounds View Personnel Manual. 5. Holidays The City agrees to add the same Holiday language as stated in Section 3.10 of the Mounds View Personnel Manual. 6. Vacation City agrees to add an additional accrual of 25 days after 20 years of service. There will be no accumulation of one day per year after 15 years. Resolution 6922 August 28, 2006 Page 2 7. Leave of Absence The City agrees to add the Leave of Absence as stated in Section 2.05 (Family and Medical Leave) of the Mounds View City Personnel Policy. 8. Education – Tuition Reimbursement The City agrees to add Tuition Reimbursement language as stated in Section 1.53 of the Mounds View Personnel Manual. 9. Work Out of Class The following language will be added to the contract: Employees assigned, in writing, by the EMPLOYER to assume the full responsibility and authority of a higher job classification shall receive the salary schedule for the higher classification for the duration of the assignment. 10. Severance Severance eligibility requirements will be reduced to 8 years in 2006 and reduced to 6 years in 2007. 11. Wage Re-opener Upon execution of this Agreement, the Agreement may be reopened by either party on the issues of wages. A party so desiring to reopen the Agreement must do so by serving written notice on the other party no later than July 31, 2007. Wage adjustments will be considered for positions as required to come into compliance with pay equity laws, and for positions that fall above or below the City’s Classification and Compensation Plan. Compensation ranges above the market average will be frozen until the position reaches an agreed upon market range. 12. The Communications Coordinator and the Temporary Building Inspector will be added to the contract. 13. Any language pertaining to the Golf Course will be taken out of the contract. 14. The duration of the contract will be two years (January 1, 2006 to December 31, 2007). 15. AFSCME Council Number 14 will be changed AFSCME Council Number 5 throughout the contract; and Resolution 6922 August 28, 2006 Page 3 WHEREAS, the City Council has traditionally awarded the same cost of living increase and health insurance contribution to all employee groups in order to maintain internal equity. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Mounds View does hereby ratify the AFSCME Union, Local 5 effective for two years from January 1, 2006 until the 31st day of December 2007. Adopted this 28th day of August, 2006. ________________________________ Rob Marty, Mayor ATTEST: ________________________________ Kurt Ulrich, City Administrator (SEAL) Item No: 07G Meeting Date: August 28, 2006 Type of Business: CB City Administrator Review: _____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Assistant to the City Administrator Item Title/Subject: Resolution 6923 Step Increases for Heidi Heller (Planning Associate), and Officer Peter Berling (Police Officer) Background: Heidi Heller and Peter Berling are current employees with the City of Mounds View. Their supervisors have reviewed their performances as it relates to their responsibilities outlined in the job description. Discussion: It was determined that they have more than satisfactorily performed in the capacity of their position, and therefore, a step increase wage adjustment is consistent with the Personnel Manual and Labor Agreements. Pending on the outcome of Item 07E (Resolution approving the 2006-2007 AFSCME Contract), staff will provide a revised Resolution that will have an updated amount for Heidi Heller, Planning Associate. The Planning Associate is currently an AFSCME Union Position. Recommendation Staff recommends approval of attached Resolution 6923. Respectfully Submitted, Desaree Crane RESOLUTION 6923 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING STEP/LONGEVITY ADJUSTMENTS WHEREAS, the following below are regular full-time employees who are currently working for the City of Mounds View; and WHEREAS, their supervisor reviewed their performance as it relates to the responsibilities outlined in the job description; and WHEREAS, their supervisor determined that the following employee below have more than satisfactorily performed in the capacity of their position documented in their performance review on file. WHEREAS, a step increase wage adjustment is consistent with the Mounds View Personnel Manual and Labor Agreements. NOW, THEREFORE BE IT RESOLVED that the Mounds View City Council does hereby approve a wage adjustment to the following indicated in the chart below. NAME CURRENT POSITION DATE OF EMPLOYMENT/CURRENT POSITION CURRENT STEP & WAGE STEP & WAGE ADJUSTMENT EFFECTIVE DATE OF ADJUSTMENT Heidi Heller Planning Associate Date of Employment: September 6, 2005 Step 2: $18.89/hr Step 3: (Amount pending outcome of Item 07E) September 6, 2006 Peter Berling MV Police Officer Date of Employment: August 1, 2005 Step 2: $19.63/hr Step3: $22.43/hr August 1, 2006 Adopted this 28th day of August, 2006. __________________________________ Rob Marty, Mayor ATTEST: __________________________________ Kurt Ulrich, City Administrator (seal) Item No:7I Meeting Date: August 28, 2006 Type of Business: CB Administrator Review: _____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Jeremiah Anderson, Housing/Code Enforcement Inspector Item Title/Subject: Resolution 6919 Authorizing Abatement of Code Violations Outside 2318 Knoll Drive Date of Report: August 17, 2006 Background: On May 22, 2006, staff inspected the property located at 2318 Knoll Drive in response to allegations of exterior storage in violation of city code. Staff spoke to the property owner Mr. Clifford Wies on May 22, 2006, explained the City ordinance requirements, and issued a notice of violation to Mr. Wies citing Section 607.03 Subdivision 3c of the City Code which required that corrective actions were completed by June 22, 2006. Discussion: Chapter 607 of the City Code defines and regulates nuisances. Section 607.02 defines nuisances in their most general form as any act, substance, matter, emission or thing which creates a dangerous or unhealthy condition or which threatens the public peace, health, safety or sanitary condition of the City or which is offensive or has a blighting influence on the community. Section 607.03 Subdivision 3c applies specifically to public nuisances affecting peace and safety. Section 607.03 Subdivision 3c prohibits The outside piling, storing or keeping of old machinery, junk, furniture, household furnishings or appliances or component parts thereof, rusting metal inoperable/unusable equipment, or other debris visible on private or public property. A review of City records indicates that the property at 2318 Knoll drive was issued a notice of violation on September 18, 2003 regarding an accumulation of junk outside and a vehicle parked off an improved driveway. A second notice of violation was issued on May 24, 2004 regarding vehicles parked off the improved driveway and accumulations of junk and debris outside. Each of these notices cited violations of the Chapter 607 of the City Code regarding exterior storage and parking vehicles off an improved surface. In each of these cases the enforcement action was closed when substantial compliance was obtained, meaning that minimum requirements had been satisfied. Section 607.09 Subdivision 5 provides the opportunity to reach compliance by abating items in violation of the requirements contained within Chapter 607. In cases where no immediate threat to the public health and safety exists the requirements of the City code require that staff notify the property owner of their intent to seek City Council authorization to abate the conditions present and their opportunity to be heard before the council, provided however, that at least 10 days notice is provided, staff has satisfied these and other applicable requirements of Chapter 607 of the City Code. Recommendations: Staff recommends approval of resolution 6919. Respectfully submitted, Jeremiah Anderson Housing/Code Enforcement Inspector Attachments Photographic Documentation This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. Ramsey County Parcels Information Report Parcel ID:053023310072 Street Number:2318 Street:KNOLL DR City:MOUNDS VIEW Owner Name 1:CLIFFORD WIES JR Ramsey County Property (RRINFO) Search Search by Parcel ID Parcel ID 053023310072 Street Number 2318 Unit Street KNOLL DR City MOUNDS VIEW ZIP 55112-1265 Owner Name 1 CLIFFORD WIES JR Owner Name 2 LYNNE F WIES Owner Street Address 2318 KNOLL DR Owner City/State/Zip MOUNDS VIEW MN 55112-1265 Homesteader Name 1 CLIFFORD WIES JR Homesteader Name 2 LYNNE F WIES Homesteader Street Address 2318 KNOLL DR Homesteader City/State/Zip MOUNDS VIEW MN 55112-1265 Deeded Acres 0.28 Deeded Area (sq.ft.)12196.8 Approximate Lot Frontage (ft)80 Tax Description PINEWOOD TERRACE NO. 5 LOT 11 BLK 17 Plat Name PINEWOOD TERRACE NO. 5 Date Plat Recorded 11/14/52 Abstract ID 1295469 Torrens ID County Land Use Code (CAMA)SINGLE FAMILY DWELLING, PLATTED LOT County Land Use Code (PR&R)RESIDENTIAL Page 1 of 2CiviXplorer Online! Attribute Report 8/23/2006http://maps.metro-inet.us/rcarcims/ims?ServiceName=ramsey_master&ClientVersion=4.0... Market Value Land 2007 74000 Market Value Bldg 2007 109000 Market Value Total 2007 183000 Market Value Land 2006 74000 Market Value Bldg 2006 102600 Market Value Total 2006 176600 Total Tax Payable 2006 2110 Market Value Land 2005 74000 Market Value Bldg 2005 95700 Market Value Total 2005 169700 Total Tax Payable 2005 2014 Date of Last Sale Sale Price 0 Homestead Description Full-homestead Number of Residential Units 1 Year Residence Built 1966 Total Residential Living Area 1196 Residence Exterior FRAME Residence Style RAMBLER Residence Number of Stories 1 Residence Number of Rooms 6 Residence Number of Bedrooms 4 Commercial Structure Type Commercial Year Built 0 Topography Level Utilities All Public School District Mounds View Area Watershed District Rice Creek Page 2 of 2CiviXplorer Online! Attribute Report 8/23/2006http://maps.metro-inet.us/rcarcims/ims?ServiceName=ramsey_master&ClientVersion=4.0... RESOLUTION 6919 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION AUTHORIZING ABATEMENT OF NUISANCE CODE VIOLATIONS AT 2318 KNOLL DRIVE, MOUNDS VIEW, MINNESOTA, 55112. WHEREAS, Clifford Wies Jr and Lynne F Wies are the owners of property located at 2318 Knoll Drive, zoned R-1, Single Family Residential, legally described as follows: Lot 11 Block 17 Pinewood Terrace Number 5 WHEREAS, on May 22, 2006, staff inspected the property located at 2318 Knoll Drive in response to a complaint regarding allegations of exterior storage in violation of city codes, staff spoke to Mr. Clifford Wies and explained the City ordinance requirements; and WHEREAS, a notice of violation was issued to Mr. Wies dated May 22, 2006, staff cited Section 607.03 Subdivision. 3c which prohibited the exterior storage and accumulation of old machinery, junk, rusting metal, inoperable/unusable equipment or other debris on the exterior property located at 2318 Knoll Drive, staff requested corrective actions completed to bring the property into compliance with the Nuisance Code by June 22, 2006; and WHEREAS, on June 15, 2006 staff performed a follow up inspection of the property located at 2318 Knoll Dr to verify corrective actions had begun and found that only minimal progress had been made, photographs of the exterior were obtained at that time; and WHEREAS, on August 2, 2006 staff reinspected the property located at 2318 Knoll Dr to verify corrective actions had been completed and found that little if any progress had been made since the June 15, 2006 follow up inspection, photographs of the exterior were obtained at that time; and WHEREAS Clifford Wies Jr is responsible for maintaining Nuisance Code violations on the exterior above-said property that include, but are not limited to: 1. Discarded sheet metal and rusting metal 6. Junk piles alongside house 2. Old machinery 7. Metal and Plastic 55-gal drums full of debris 3. Automotive parts and components 8. Inoperable/Unlicensed truck in driveway 4. Debris under pickup truck topper 9. Vehicles parked in back yard 5. Upright cylinders of pressurized gas 10. Accumulation of tires WHEREAS, in a letter to the property owner dated August 9, 2006, staff notified Mr. Wies of its intent to appear before the Mounds View City Council on August 28, 2006 to request authorization to abate violations cited in the Notice of Violation dated May 22, 2006; and WHEREAS, the City Council finds that the nuisance code violations at 2318 Knoll Drive constitute a Public Nuisance under Section 607.03 Subdivision 3c and the City may abate and assess the costs of said abatement against the property pursuant to Minn. Stat. 429.101; and WHEREAS, the City has complied with the notification requirement for nuisance abatement as stated in Section 607.09, Subdivision 6d 1 of the Mounds View Municipal Code; and WHEREAS, Clifford Wies Jr and Lynne F Wies, property owners of 2318 Knoll Drive, will be personally liable to the City for the costs of such abatement, including administrative costs pursuant to Section 607.09, Subdivision 7 of the Mounds View Municipal Code; and WHEREAS, if the property owners fail to pay the cost, after being duly notified, of the abatement of nuisance code violations at 2318 Knoll Drive within 30 days after the date of the invoice, the City may certify the unpaid costs against the property pursuant to Section 607.09, Subdivision 8 of the Mounds View Municipal Code. NOW THEREFORE, BE IT RESOLVED THAT: The City will abate violations of Section 607.03 Subdivision. 3c of the City Code within 10 days. 1. The City Council authorizes City staff to complete any actions necessary to achieve compliance with the City Code with respect to exterior violations of Section 607.03 Subdivision 3c. 2. City staff will complete an inventory of any items removed from the exterior premises, ascertaining with reasonable certainty which items may be of relative value and placing said items into storage at a secure location, which will be available to Mr. Wies upon payment of costs associated with their removal and storage. 3. Clifford Wies Jr and Lynne F Wies shall be personally liable to the City for the costs of abatement, including administrative costs and reasonable storage costs. 4. Any unpaid portion of the abatement costs after 30 days of the date on the invoice may be certified as special assessments against the property pursuant to Section 607.08, Subdivision. 4 of the Mounds View Municipal Code. Adopted this 28th day of August, 2006 ____________________________________ Rob Marty, Mayor ATTEST: ____________________________________ Kurt Ulrich, City Clerk/Administrator Item No: 7J Meeting Date: August 28, 2006 Type of Business: Action City of Mounds View Staff Report To: Honorable Mayor and City Council From: Heidi Heller, Planning Associate Item Title/Subject: Public Hearing and Consideration of the Final Plat for a Major Subdivision at 8360 Long Lake Road; Planning Case MA2006-002 Introduction: Matthew Hofmann has submitted an application for a major subdivision of 8360 Long Lake Road. This parcel is towards the northern end of Long Lake Road, across from Ardan Park. The proposed 1.55 acre subdivision would create 3 buildable lots from the existing one lot. Matthew Hofmann currently has a purchase agreement with the landowner. Even though 8360 Long Lake Road is less than two acres in size, this is a major subdivision due to the fact that more than one additional lot is being created. Discussion: The area identified as 8360 Long Lake Road is currently zoned R-1, Single Family Residential. The proposed subdivision would be consistent with the existing zoning of the property. All of the lots shown on the preliminary plat satisfy the minimum requirements of 75 feet lot width and 11,000 square foot lot area. All three lots will be almost identical in size; approximately 22,520 square feet (83’ x 270’ or approximately 0.51 acre). There is currently a house on the lot, which will be demolished, and three new single family homes would be built. The final plat has had no changes from the preliminary plat. Comprehensive Plan: The Comprehensive Plan Future Land Use Map designates 8360 Long Lake Road and the surrounding area as single family detached housing. The proposed subdivision would be consistent with that designation and consistent with the residential goals and policies as articulated in the Land Use section of the Comprehensive Plan. The proposal would also be consistent with specific housing goals and policies articulated in the Comp Plan. Local Water Management Plan: Also known as the City’s Surface Water Management Plan, this planning document guides the City in regards to drainage and stormwater management. The project is located in the Judicial Ditch No. 1 minor watershed, AA-1 and AA-5 sub- watersheds. The boundary between these two sub-watersheds appears to run approximately through the middle of this lot. The minimum recommended building elevation for the AA-1 sub- watershed is set at 905.4 feet and AA-5 is 904.0 feet. Easements: The City’s Subdivision Code requires that plats dedicate perimeter drainage and utility easements for each lot in the subdivision. This plat does dedicate the necessary perimeter easements. There is a 45 foot drainage and utility easement along the west property line that would remain. There are no wetlands associated with this property. 8360 Long Lake Road Subdivision Staff Report - Page 2 Streets: The three new lots will have access onto Long Lake Road, which is a county owned road. This street is adequate to handle the small amount of added traffic that two additional homes would create. Any work to the boulevard would require a permit from the county, and any alterations to the existing sidewalk would require a permit from the city. Park Dedication Requirements: The Subdivision Code indicates that any subdivision of land is subject to a park dedication fee. The dedication imposed is intended to mitigate public costs to the parks system associated with land development. The fee shall be reasonable and based on the extent of the development. In this case, the fee should be equal to 10% of the market value of the land. To establish the market value, staff uses Ramsey County assessed values as the basis for dedication computation. Since there is already one existing house on the property, the park dedication fee will be based on 2/3 of the land value. The 2006 Ramsey County total land value is $159,600 (2/3 = $106,400). The dedication amount then would be $10,640. This amount has been communicated to the developer. Utilities: All utilities on the site would need to be installed underground, per Section 1203.10. Water and sanitary sewer lines are accessible. Traffic: The amount of daily vehicle trips on the proposed road will be minimal since only two additional housing units are proposed. There is currently one house on the property. On average, single-family homes generate about 10 vehicle trips per day, thus one could expect an additional 20 movements along Long Lake Road or as a result of this subdivision. Vegetation: The majority of the 1.55 acre site is tree covered. The City Forester has visited the site and determined that there are four or five large Red Oak trees near the current house that would be worth making an effort to save. The applicant has indicated that having the lots wooded will be a great selling point for the homes. Staff recommends that upon each new homes completion, the yard areas shall be sodded and a minimum of two trees shall be in the front yard – whether they are existing trees or new ones planted if the existing trees must be removed. The new tree species shall be from a list provided by the City Forester. Wetlands: The National Wetlands Inventory Map and the City’s official Wetland Zoning Map do not identify a wetland within the property boundary. Since the property is over one acre in size, the applicant will need to apply for a general stormwater permit from the MPCA, and contact Rice Creek Watershed District to find out if they will require a permit also. Public Input: Staff received a phone call on July 5, 2006 from one of the property owners on Greenwood Drive, directly behind this lot. They were concerned about keeping the wooded buffer between the homes. The applicant, Mr. Hofmann, has indicated that he is not planning on removing any more trees than necessary for construction. The Planning Commission voted unanimously 5-0 (Zwirn & Meehlhause absent) on July 5, 2006 to recommend approval of this preliminary plat, and Council unanimously voted to approve the preliminary plat on July 24, 2006. 8360 Long Lake Road Subdivision Staff Report - Page 3 Recommendation: Review the plans and discuss the final plat. Staff review and a brief review by the county surveyor revealed no deficiencies at this time and thus Resolution 6924 recommending approval of the final plat has been drafted for your action if the Council so desires. Heidi Heller Planning Associate Attachments: 1. Planning Application 2. Preliminary Plat 3. Zoning Map 4. Aerial View 5. Comp Plan Future Land Use Map 6. Photographic Documentation 7. Planning Commission Resolution 843-06 8. Resolution 6888 for Preliminary Plat Approval 9. Resolution 6924 Zoning Map Aerial View Proposed 3 lots Ardan Park Photographic Documentation View of house currently on property – house is placed approximately in the middle of the 250 foot wide lot Current house View of south half of 8360 Long Lake Road Current house View of north half of 8360 Long Lake Road MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 843-06 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING APPROVAL OF A PRELIMINARY PLAT FOR THE SUBDIVISION OF 8360 LONG LAKE ROAD; MOUNDS VIEW PLANNING CASE NO. MA2006-002 WHEREAS, Matthew Hofmann has requested approval of a preliminary plat for the major subdivision of 8360 Long Lake Road, legally-described as follows: Lot 1, Block 1, Charles Hermann Addition WHEREAS, The above-described land is zoned R-1, Single-Family Residential and are designated as Single-Family Detached on the Comprehensive Plan; and, WHEREAS, Matthew Hofmann has submitted a Preliminary Plat for the major subdivision which creates 3 buildable lots; and, WHEREAS, the community development, public works staff, and city attorney have all reviewed the preliminary plat and finds that it satisfies the minimum subdivision requirements as articulated in Titles 1100 and 1200 of the Mounds View Municipal Code and complies with county platting requirements; and, WHEREAS, in accordance with Section 1204.04, Subd. 4, the subdivision is subject to a park dedication fee which would be equivalent to 10% of the assessed value of the project land area, which been determined to be $10,640.00; and, WHEREAS, the proposed subdivision is not within a designated wetland area; and, WHEREAS, the Mounds View Planning Commission has reviewed the following documents regarding this proposal: 1. Staff Report 2. Planning Application 3. Preliminary Plat 4. Zoning Map 5. Aerial View 6. Site Plan Resolution 843-06 Page 2 NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission recommends approval of the preliminary Plat submitted by Matthew Hofmann subject to the following conditions: 1. The applicant shall arrange to have an acceptable title commitment provided to the City Attorney for review prior to the approval of the subdivision by the City Council. 2. The applicant shall pay a park dedication fee in an amount to be determined by the Mounds View City Council. 3. The applicant shall take all steps to save any trees possible during the construction and shall make arrangements to have a minimum of two trees in each front yard upon project completion and sod all yard areas. 4. The applicant shall obtain permits, if required, from Rice Creek Watershed District and the Minnesota Pollution Control Agency before construction activity commences. 5. All utilities within the development area and to the individual home sites shall be located underground. 6. The applicant shall apply for Final Plat approval no later than 6 months after the date of approval of the preliminary plat, or the Preliminary Plat approval will become null and void. BE IT FURTHER RESOLVED that the Mounds View Planning Commission directs staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this 5th day of July, 2006. __________________________________________ Gary Stevenson, Chairperson ATTEST: _____________________________________ James Ericson Community Development Director (SEAL) RESOLUTION NO. 6888 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING THE PRELIMINARY PLAT FOR THE SUBDIVISION OF 8360 LONG LAKE ROAD; MOUNDS VIEW PLANNING CASE NO. MA2006-002 WHEREAS, Matthew Hofmann, has applied for a major subdivision for a single family residential subdivision of 8360 Long Lake Road; and, WHEREAS, the preliminary plat date-stamped June 15, 2006 proposes a three lot subdivision, with all lots fronting Long Lake Road; and, WHEREAS, the subject parcel is legally described as follows: Lot 1, Block 1, Charles Hermann Addition, Ramsey County, Minnesota WHEREAS, the parcel is zoned R-1, Single Family Residential and the adopted Comprehensive Plan designates the parcel for low-density residential development; and, WHEREAS, the proposed preliminary plat satisfies the minimum subdivision requirements as identified in Chapter 1010 and Titles 1100 and 1200 of the Mounds View Municipal Code; and, WHEREAS, the Mounds View City Council has reviewed the following documents regarding this proposal: 1. Staff Report 2. Planning Application 3. Preliminary Plat 4. Zoning Map 5. Aerial View 6. Photographic Documentation 7. Planning Commission Resolution 843-06 WHEREAS, In accordance with Section 1204.04, Subd. 4 of the Mounds View Municipal Code, all subdivisions of land are subject to park dedication fee requirements; and, WHEREAS, the City Council held a duly noticed public hearing regarding this preliminary plat on Monday, July 24, 2006. WHEREAS, the Planning Commission supported the request by adopting Resolution 843-06, which recommends approval of the major subdivision; and Resolution 6888 Page 2 NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council approves the preliminary plat for the major subdivision of 8360 Long Lake Road, subject to the following conditions: 1. The applicant shall arrange to have an acceptable title commitment provided to the City Attorney for review prior to the final plat approval by the City Council. 2. The applicant shall pay a park dedication fee in the amount of $10,640.00. 3. The applicant shall take all steps to save any significant trees possible during the construction and shall make arrangements to have a minimum of two trees located in each front yard upon project completion and sod all yard areas. 4. The applicant shall obtain permits, if required, from Rice Creek Watershed District and the Minnesota Pollution Control Agency before construction activity commences. 5. All utilities within the development area and to the individual home sites shall be located underground. 6. The applicant shall apply for Final Plat approval no later than 6 months after the date of approval of the preliminary plat, or the Preliminary Plat approval will become null and void. Adopted this 24th day of July, 2006 _____________________________________ Rob Marty, Mayor ATTEST: _____________________________________ Kurt Ulrich, City Clerk / Administrator (SEAL) RESOLUTION NO. 6924 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING THE FINAL PLAT FOR 8360 LONG LAKE ROAD; MOUNDS VIEW PLANNING CASE NO. MA2006-001 WHEREAS, Matthew Hofmann has requested approval of a final plat for the major subdivision of 8360 Long Lake Road, legally-described as follows: Lot 1, Block 1, Charles Hermann Addition, Ramsey County, Minnesota WHEREAS, The above-described land is zoned R-1, Single-Family Residential and is designated as Single-Family Detached on the Comprehensive Plan; and, WHEREAS, Matthew has submitted a Final Plat, date stamped August 8, 2006, for the major subdivision which creates 3 buildable lots, and, WHEREAS, in accordance with Section 1204.04, Subd. 4, the subdivision is subject to a park dedication fee which would be equivalent to two-thirds (2/3) of 10% of the assessed value of the land; and, WHEREAS, the Mounds View City Council has reviewed the following documents regarding this proposal: 1. Planning Application 2. Preliminary Plat 3. Zoning Map 4. Location Map 5. Preliminary Plat, dated June 15, 2006 6. Planning Commission Resolution 843-06 7. Resolution 6888, Adopted July 24, 2006 8. Staff Report 9. Final Plat, date stamped August 8, 2006 WHEREAS, the Mounds View City Council has received a recommendation of approval from the Mounds View Planning Commission as stated in Planning Commission Resolution No. 843-06; and, WHEREAS, on July 24, 2006, the Mounds View City Council held a duly noticed public hearing regarding this subdivision and approved Resolution 6888 which approved the preliminary plat; and, Resolution 6924 Page 2 WHEREAS, the City Attorney has reviewed the final plat and finds it to be in conformance with all applicable sections of the Mounds View Municipal Code, subject to the conditions and requirements contained in this Resolution; and, WHEREAS, the Mounds View City Council has reviewed the proposed final plat for the subdivision and finds it to be consistent with the preliminary plat and in conformance with Resolution 6888 and with all applicable sections of the Mounds View Municipal Code, subject to the conditions and requirements contained in this Resolution. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council, having already approved the preliminary plat, approves the final plat for the subdivision of 8360 Long Lake Road, subject to stipulations as follows: 1. Prior to the Final Plat execution, Matthew Hofmann shall pay a park dedication fee in the amount of $10,640.00. 2. Matthew Hofmann shall obtain final approval from Rice Creek Watershed District and the Minnesota Pollution Control Agency before construction activity commences. 3. No grading or construction activity may proceed without all necessary permits having been obtained. 4. All utilities within the development area and to the individual home sites shall be located underground. 5. Necessary permits shall be obtained for any and all work occurring within the City or County right of way. 6. City approval is contingent upon Ramsey County’s approval. 7. Matthew Hofmann shall successfully complete any and all requirements from the review of the final plat by the City Attorney and City Engineer and City Staff. 8. The approval contemplated herein is subject to the condition that Matthew Hofmann must pay for all costs incurred by the City concerning this subdivision, including preparation and review of the preliminary and final plat by technical assistants and the costs incurred by the City Attorney, city consultants, as well as other costs of a similar nature. NOW, THEREFORE, BE IT FINALLY RESOLVED that approval of this final plat is subject to approval by and recordation with Ramsey County, which shall occur within one hundred twenty (120) days of Council approval. Matthew Hofmann shall furnish the City with a reproducible copy of the final plat showing evidence of the recording; otherwise, the approval of the final plat shall be void. Resolution 6924 Page 3 Adopted this 28th day of August, 2006. __________________________________________ Rob Marty, Mayor ATTEST: _____________________________________ Kurt Ulrich, City Clerk / Administrator (SEAL) Item No. 7M Meeting Date: August 28, 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 6931 Approving Change Order No. 35 for the City Hall Rehabilitation Project Background: In September of 2005, when the City awarded the construction contract for the City Hall Project, it was stated that with a project of this nature, it is inevitable that there will need to be minor adjustments to the scope of the project. These adjustments are a necessary way to ensure that this project is completed in a timely manner and that the City gets the maximum benefit from this project. On February 13, 2006, the City Council approved Resolution 6736 authorizing Change Orders No. 1 through 3 and authorized a contract for network cabling. On February 27, 2006, the City Council approved Resolution 6757 authorizing Change Orders No. 4 through 6 and authorized initiation of HVAC changes. On March 13, 2006, the City Council approved Resolution 6771 authorizing Change Orders No. 7 through 10. On March 27, 2006, the City Council approved Resolution 6784 authorizing Change Orders No. 11 through 17. On May 8, 2006, the City Council approved Resolution 6810 authorizing Change Orders No. 18 and 19. On May 22, 2006, the City Council approved Resolution 6825 authorizing Change Orders No. 20 through 26. On June 12, 2006, Resolution 6845 was introduced which included Change Orders No. 27 through 30. This resolution failed due to the lack of three affirmative votes. On June 26, 2006, the City Council approved Resolution 6860 authorizing Change Orders No. 27 through 34. Discussion Adjustments recommended during construction are referred to as Architectural Supplemental Information (ASI’s). These are common in all architectural projects and are even more prevalent in re-model projects. Many of these items are simple adjustments that do not require additional work from the contractor. These are noted as “NC” – no charge. Other adjustments may include additional materials or labor and are listed as an additional cost, while other ASI’s may include a credit in cases where materials or labor that were included in the original contract are no longer necessary. There are several ASI items for which we currently have prices/credits and their associated Change Orders have been submitted: Change Order No. 35 Change Order No. 35 is a combination of eight (8) ASI’s. ASI-COR#77: is to replace low voltage relays, conduit to RTU-6, Installation of relays for exhaust fans. ASI-RFI#4: is for low voltage in Council 102 / replace devices. ASI-COR#93: is for additional electrical work in conference Room , new breaker, lower level. ASI-49.1: is for additional requested electrical work. ASI-50: is for additional paint work. ASI-54.1: is for fixing CMU wall in interview room. ASI-57: is for addition of building address to dimensional letters package. ASI-CO#8: is a deduction for work not done in CO#8. The combined cost of the ASI’s in change order No. 35 is $11,331.00. All of the ASI’s that make up change order No. 35 were presented to the City Council on June 26, 2006. At this time, their combined estimated cost was $17,612.00. City Hall Rehabilitation Project Budget The Special Projects Fund, as per the 2005 budget (Account No. 280-4160- 7050), has $1,600,000 budgeted for the City Hall Rehabilitation Project. The total amount of all change orders for this project is estimated to be $143,132.00. A complete summary sheet is attached. These are all of the change orders for this project. Exact costs for some items have yet to be determined. In these cases, the cost was estimated utilizing a contingency to ensure that the final amount would certainly be equal to or less than this figure. Please note that the final change orders include adding a handicapped entry door operator system. The following is a summary of the estimated final cost of this project: City Hall Rehabilitation Cost Items Construction Contract $1,185,000 Construction Services $46,000 Change Orders $136,851 Grading Contractor $5,500 Vegetation Establishment / Landscape Contractor $7,500 Part time / Temporary employee (did not do –was $5800) $0 Re-Settlement Work $6,000 Furniture Budget initial purchase 2/13/2006 $61,525 Furniture contract adjustment 2/27/2006 $2,104 Furniture contract adjustment 8/14/2006 $13,514 Moving contractor $20,000 Police Office Space Rental $0 Storage Shelving $8,800 Interior Decorations / Pictures $3,000 Window Treatments $7,400 Community Center Rental $40,000 Estimated Total $1,543,194 At previous City Council meetings, the City Council has raised several questions pertaining to various issues associated with the City Hall Project. This topic has been placed on the September 5, 2006 City Council Work Session Agenda for discussion. Recommendation: It is recommended the Council adopt the attached resolution approving Change Order No. 35 for the City Hall Rehabilitation Project. Respectfully Submitted, Greg Lee, Director of Public Works RESOLUTION 6931 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING CHANGE ORDER NO. 35 FOR THE CITY HALL REHABILITATION PROJECT WHEREAS, in September of 2005, the City awarded the construction contract for the City Hall Project; and WHEREAS, unforeseen circumstances may arise from time to time that will necessitate minor adjustments and changes in the original construction plan; and WHEREAS, there are several items for which we currently have prices and have been included in change order No. 35; and WHEREAS, the combined cost of the ASI’s in change order No. 35 is $11,331.00; and WHEREAS, it is recommended that funds to finance change order No. 35 be derived from the Special Project Account for the City Hall Project (account: 280-4180-7050-100). 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. 35 for the City Hall Rehabilitation Project is hereby approved. 2. Execution of said documents is hereby authorized. 3. That said Change Orders shall be financed with funds derived from the Special Project Account for this Project (Account: 280-4180-7050-100). Adopted this 28th day of August 2006. (ATTEST) ____________________________________ Rob Marty, Mayor (SEAL) ____________________________________ Kurt Ulrich, City Administrator Item No: 8A Meeting Date August 28, 2006 Type of Business: CA City of Mounds View Staff Report To: Honorable Mayor and City Council From: Barb Benesch, Administrative Assistant Item Title/Subject: CONTRACTOR LICENSES FOR APPROVAL Please consider the following contractor licenses for approval. All contractor licenses will expire on December 31, 2006. All applicants have submitted appropriate fees and proof of insurance. Those companies that are “new” include applicants that have never been licensed with the City or they may have been licensed with the City in the past, but were not licensed in 2005. Those companies renewing their license were licensed, at a minimum, in the year 2005. The type of license they are applying for follows the company name. J. G. Hause Construction General (Commercial) New Nasseff Mechanical Contractors, Inc. HVAC New Staff Recommendation: Approve license applications as requested. Reviewed by City Administrator: ________ Item No. 8B Meeting Date: August 28, 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: Ryan Johnson, Public Works Intern Item Title/Subject: Resolution 6926 Establishing a No Parking Zone on Spring Lake Road Background: The City was contacted by a resident with concerns regarding a section of Spring Lake Road along the west side of Spring Lake; the resident felt that it is being damaged due to vehicles parking on this side of the road and that motorists and pedestrians are being put in danger. Discussion: In response, Public Works Staff reviewed this segment of Spring Lake Road and concluded that it would be in the City’s best interest to post it as “No Parking” on the west side of Spring Lake Road from 7785 Spring Lake Road south to County Road I. The City then sent a letter to six property owners along this segment asking for opinions and thoughts regarding this proposal to designate this section of Spring Lake Road as No Parking. The City received two responses to this letter; both were in favor of the proposal. The Police Chief and the Public Works Supervisor have also reviewed the proposal to designate the west side of Spring Lake Road from 7785 Spring Lake Road south to County Road I as a No Parking Zone. Recommendation: It is recommended that the City Council adopt a resolution establishing a No Parking Zone along the west side of Spring Lake Road from 7785 Spring Lake Road south to County Road I. Respectfully Submitted, Ryan Johnson, Public Works Intern RESOLUTION 6926 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA ESTABLISHING A NO PARKING ZONE ON THE WEST SIDE OF SPRING LAKE ROAD FROM 7785 SOUTH TO COUNTY ROAD I WHEREAS, the City was contacted by a resident with concerns regarding a section of Spring Lake Road along the west side of Spring Lake; the resident felt that it is being damaged due to vehicles parking on this side of the road and that motorists and pedestrians are being put in danger; and WHEREAS, eliminating parking on this segment of Spring Lake Road will allow motorist to see pedestrians more clearly and prevent unnecessary road erosion; and WHEREAS, the Public Works and Public Safety Departments have reviewed this segment of Spring Lake Road and recommend that the City post it as “No Parking”. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota as follows: 1. Parking shall be prohibited along the west side of Spring Lake Road from 7785 Spring Lake Road south to County Road I. 2. The Mounds View Public Works Department is hereby authorized to purchase the necessary signage and erect said signage as per the Manual on Uniform Traffic Control Devises. Adopted this 28th day of August 2006. (ATTEST) ____________________________________ Rob Marty, Mayor (SEAL) ____________________________________ Kurt Ulrich, City Administrator Item No. 8C Meeting Date: August 28, 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: Nick Fleischhacker, Surface Water Specialist Item Title/Subject: Resolution 6920 Approving a Contract Award for the Repair Drainage Area Within Lambert Park Background: In 2005 the City was notified of a ponding problem to the rear of Lambert Park. (See attachment B) After observing the drainage problem, Staff has determined that the problem is severe enough to warrant repair. The drainage swale is not conveying water appropriately. The said drainage area will require grading and the placement of energy dissipaters (rock or Rip-rap) to help convey the flow of water to the inlet located in the park. (See attachment A) NOTE: Ponding occurs in the spring of each year making the right field of the baseball field at the park unusable. During the summer months this area will stay flooded for several days following a rain event. Discussion: There have been several complaints about this area. The absence of energy dissipaters has caused washouts in the area and small deep ditches (See Attachment A). This washout could be a potential hazard to people playing baseball as well as children playing on the nearby playground. Work Detail: All grading work will be performed inside the park. Contractors will then re-grade the drainage easement to facilitate the flow of water to the storm sewer inlet as originally intended. After all grading work is completed all disturbed areas will be seeded. The work is anticipated to begin immediately following Mayor and City Council approval. Although work could be postponed due to unsuitable ground conditions work is anticipated to begin immediately and expected to last one week. The Public Works Department solicited quotes from several companies. As of this date a total of three (3) bids have been received. A summary of the bids / quotes follows: Company Total Bid Mattco Excavating, Inc. $3900.00 Final Grade, Inc. $4300.00 Belair Excavating No Bid The lowest bidder was Mattco Excavating, Inc. with a quote of $3900.00. Mattco Excavating has performed work for the City in the past for things such as water and sewer service repairs. The 2006 adopted budget has $50,000 allocated for the repair of drainage issues throughout the City (account 245-4415-5150). Recommendation: Staff recommends that the City Council approve a contract award with Mattco Excavating, Inc. in the estimated amount of $3900.00 for the repair of the drainage easement located in Lambert Park. Respectfully Submitted, Nick Fleischhacker; Surface Water Specialist RESOLUTION 6920 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING CONTRACT AWARD FOR THE REPAIR OF DRAINAGE AREA IN LAMBERT PARK WHEREAS, the City annually budgets and received bids for repair of drainage issues throughout the City; and WHEREAS, the Public Works Department solicited quotes from several companies; and WHEREAS, a total of three (3) quotes have been received; and WHEREAS, the low bidder was Mattco Excavation, Inc. in the estimated amount of $3,900; and WHEREAS, the 2006 adopted budget has $50,000.00 in funds allocated for the repair of drainage issued throughout the City (account 245-4415-5150). NOW, THEREFORE BE IT RESOLVED, THAT the Mounds View City Council does hereby approve a contract award with Mattco Excavation, Inc. in the estimated amount of $3,900.00 for the repair of the drainage swale located in Lambert Park Adopted this 28th day of August 2006. ______________________________ Rob Marty, Mayor (ATTEST) _______________________________ Kurt Ulrich City Clerk/Administrator (SEAL) Attachment A Attachment B Ponding occurs in the gentle swale located to the left of the picture. PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Executive Session Date: 08/14/06 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 Time: 6:00 pm 1. 6:05pm EXECUTIVE SESSION IS CALLED TO ORDER 2. ROLL CALL: Mayor Marty, Council Members Gunn, Flaherty, Stigney, and Thomas. City Administrator Kurt Ulrich, and Assistant to the City Administrator Desaree Crane. 3. DISCUSS UNION NEGOTIATIONS City Administrator Ulrich reviewed and discussed the status of current union contract negotiations with the Council. 4. 6:21PM MEETING ADJOURNED Respectfully Submitted: Kurt Ulrich City Administrator