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HomeMy WebLinkAboutAgenda Packets - 2006/09/11CITY OF MOUNDS VIEW CITY COUNCIL MEETING AGENDA MOUNDS VIEW CITY HALL Monday, September 11, 2006 7:00 p.m. 1. CALL TO ORDER A. Observe Moment of Silence in Honor of the Victims of 9/11 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Marty, Stigney, Gunn, Flaherty, Thomas 4. APPROVAL OF AGENDA 5. PUBLIC INPUT: Citizens may speak to issues not on tonight’s agenda. Before speaking, please give your full name and address for the minutes. Also, please limit your comments to three minutes. 6. SPECIAL ORDER OF BUSINESS 7. COUNCIL BUSINESS A. Second Reading and Adoption 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. (ROLL CALL VOTE) B. Second Reading and adoption 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. (ROLL CALL VOTE) C. Resolution 6933 Authorizing Certification of the Proposed General Fund Budget and Property Tax Levy for Fiscal Year 2007. D. Resolution 6932 Establishing Public Hearing Dates for the Proposed General Fund Budget and Property Tax Levy for Fiscal Year 2007 E. Resolution 6935, a Resolution Authorizing the Hire of ___________ to the Position of Mounds View Receptionist. F. Reschedule Monday, September 18, 2006 Work Session 8. CONSENT AGENDA A. Licenses for Approval 9. JUST AND CORRECT CLAIMS 10. APPROVAL OF MINUTES A. August 14, 2006 City Council Minutes. 11. REPORTS A. Reports of Mayor and Council B. Reports of Staff 1. Finance quarterly report C. Reports of City Attorney 12. Next Council Work Session: Monday, October 2, 2006 at 7pm (Regular WS) Next Council Meeting: Monday, September 25, 2006 at 7pm Item No: 07E Meeting Date: September 11, 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: Consideration of Resolution 6935, a Resolution Authorizing the Hire of Mary Springer to the Position of Mounds View Receptionist Background: On August 7, 2006 Work Session, the City Council authorized staff to advertise for the vacant receptionist position in the Administration Department. The position was vacated at the beginning of August. The Receptionist is a non-exempt, full time, AFSCME union position. Discussion: Staff advertised the opening on the City’s website, on the League of MN Cities website, with the Mounds View/New Brighton Bulletin and the Pioneer Press. The starting annual salary advertised for the position was $12.20 per hour, but that salary reflected the 2004-2005 AFSCME Union Contract. Since then the City has settled with the AFSCME union for the 2006-2007 Contract. Below is the new salary schedule for the position: Step One: $12.57/hr Step Two: $13.35/hr Step Three: $14.14hr Step Four: $14.92/hr Step Five: $15.71/hr We received a little over 90 applications for the position, of which seven were selected for interview. Staff interviewed six of those candidates (one applicant is in pursuit for a different job). The top candidate for this position is Mary Springer. Salary: Mary Springer would start at Step 1, which is $12.57/hhour. The City’s personnel policy states that Mary Springer will progress to Step 2 after 6 months, Step 3 after twelve months, Step 4 after twenty- four months and finally Step 5 after thirty-six months of employment. Again, this progression is consistent with the City’s personnel manual. All other personnel policies apply, no deviations have been made or offered. Start Date: Mary Springer would begin employment on or after Monday, September 18, 2006. Her hire date will be pending a satisfactory background check and reference check. Recommendation: Staff recommends the City Council adopt Resolution 6935, a resolution approving the hire of Mary Springer to the position of Mounds View Receptionist, pending satisfactory background and reference check. Respectfully submitted, Desaree M Crane, Assistant to the City Administrator RESOLUTION NO. 6935 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPOINTING MARY SPRINGER TO THE POSITION OF MOUNDS VIEW RECEPTIONIST WHEREAS, upon direction from the Mounds View City Council, the Mounds View Receptionist position was advertised; and, WHEREAS, a little over 90 applications were received for the position and seven applicants were chosen for interview; and, WHEREAS, Mary Springer skills and experience were determined to most closely match the duties and responsibilities as outlined in the receptionist job description; and, WHEREAS, Mary Springer has consented to a drivers license and criminal background check which will be performed as a condition of employment; and, WHEREAS, Mary Springer will begin employment on or after September 18, 2006 at Step 1 of the hourly wage scale as adopted herein below: Step 1 Step 2 Step 3 Step 4 Step 5 $12.57 $13.35 $14.14 $14.92 $15.71 NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council appoints Mary Springer to the position of Mounds View Receptionist with employment to commence on or after September 18, 2006, subject to satisfactory background checks. Adopted this 11th day of September, 2006. Rob Marty, Mayor ATTEST: Kurt Ulrich, City Clerk / Administrator (SEAL) Item No: 08A Meeting Date: September 11, 2006 Type of Business: CA City Administrator Review: ______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Barb Benesch, Administrative Assistant Item Title/Subject: CONTRACTOR LICENSES FOR APPROVAL Please consider the following contractor licenses for approval. All contractor licenses will expire on December 31, 2006. All applicants have submitted appropriate fees and proof of insurance. Those companies that are “new” include applicants that have never been licensed with the City or they may have been licensed with the City in the past, but were not licensed in 2005. Those companies renewing their license were licensed, at a minimum, in the year 2005. The type of license they are applying for follows the company name. G & H Heating & Air HVAC New Kevitt Excavating, LLC Excavating New Staff Recommendation: Approve license applications as requested. PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1 CITY OF MOUNDS VIEW 2 RAMSEY COUNTY, MINNESOTA 3 4 Regular Meeting 5 August 14, 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, August 14, 2006 City Council Agenda 23 24 Mayor Marty noted that the preliminary timetable has the meeting going until 11:45 p.m. He 25 stated if the meeting goes long, the reports of staff would be pulled. He stated that any public 26 comments would be limited to three minutes. 27 28 Councilmember Stigney asked to take the Police Department’s Quarterly report off the agenda. 29 30 MOTION/SECOND: THOMAS/STIGNEY. To Approve the Monday, August 14, 2006 agenda 31 as amended. 32 33 Ayes – 5 Nays – 0 Motion carried. 34 35 5. PUBLIC INPUT 36 37 There was none. 38 39 6. SPECIAL ORDER OF BUSINESS 40 41 A. June 26, 2006 Regular Session 42 43 Mayor Marty stated he had turned his corrections to City Administrator Ulrich. 44 45 Mounds View City Council August 14, 2006 Regular Meeting Page 2 MOTION/SECOND: MARTY/FLAHERTY. To Approve the June 26, 2006 Regular Session 1 minutes as corrected by Councilmember submissions. 2 3 Ayes – 5 Nays – 0 Motion carried. 4 5 B. July 10, 2006 Regular Session 6 7 MOTION/SECOND: FLAHERTY/GUNN. To Approve the July 10, 2006 Regular Session 8 minutes as corrected by Councilmember submissions 9 10 C. July 10, 2006 Executive Session 11 12 MOTION/SECOND: THOMAS/FLAHERTY. To Approve the July 10, 2006 Regular Session 13 minutes as presented. 14 15 D. August 7, 2006 Executive Session Minutes 16 17 MOTION/SECOND: FLAHERTY/STIGNEY. To Approve the August 7, 2006 Executive 18 Session minutes as presented. 19 20 7. COUNCIL BUSINESS 21 22 A. 7:05 p.m. Public Hearing and Consideration of Resolution 6901 Approving a 23 Conditional Use Permit for an Oversize Garage at 2932 Woodale Drive. 24 25 Planning Associate Heller explained that the Krystofiaks would like to demolish their current 26 garage and build a larger detached garage that will be in the same location as their current 27 garage. 28 29 Planning Associate Heller stated the applicants would like to build a garage that would be 1,176 30 square feet and it does meet the setback and dimensional requirements as specified in the zoning 31 code. 32 33 Planning Associate Heller explained that the new garage would be consistent with the 34 comprehensive plan, which encourages development and maintenance of properties. She stated 35 that there have been other oversize garages in the neighborhood and the proposed garage will 36 not be out of place for the neighborhood nor would it depreciate the applicant’s or surrounding 37 properties. She stated that the garage will be extended six feet and will look similar from the 38 street. 39 40 Planning Associate Heller stated the applicant would like the larger garage to store their cars and 41 other items. She stated the code issues are satisfied with this request and the Planning 42 Commission did recommend approval on August 2nd. She stated neighbors were notified before 43 the Planning Commission meeting and Staff has not heard from any neighbors regarding the 44 notice. 45 Mounds View City Council August 14, 2006 Regular Meeting Page 3 1 Mayor Marty opened the public hearing at 7:21 p.m. 2 3 Hearing no comments, Mayor Marty closed the public hearing at 7:21 p.m. 4 5 MOTION/SECOND: GUNN/THOMAS. To waive the reading and adopt Resolution 6901 6 Approving a Conditional Use Permit for an Oversize Garage at 2932 Woodale Drive. 7 8 Ayes - -- 5 Nays - -- 0 Motion carried. 9 10 B. Second Reading and Adoption of Ordinance 773, an Ordinance Amending the 11 Zoning Code Relating to Landscaping, Fences and Retaining Walls. (ROLL 12 CALL VOTE) 13 14 Director Ericson explained that the ordinance is back for a second reading after the previous 15 second reading on June 26th was tabled. He stated the Amundsens had additional language 16 requests and that the Council tabled action and recommended the City Attorney and Planning 17 Commission review suggested changes. 18 19 Director Ericson stated the changes were presented to the Planning Commission on August 2nd. 20 He explained the Commission reviewed the changes individually and felt none of the suggested 21 changes should be included in the ordinance and it should be approved as previously presented. 22 23 Director Ericson explained that the Planning Commission had previously discussed the language, 24 but determined it does not make sense to incorporate the suggestions universally. He stated the 25 changes could be considered over -legislated in some cases. He stated if the City has control over 26 the land, that there will be railings and protections on retaining walls, but the Planning 27 Commission felt it did not make sense to change the language universally. 28 29 Director Ericson stated Staff and the Planning Commission suggest approving the ordinance as it 30 was originally presented. He stated Staff believes the code does sufficiently address some of the 31 concerns brought up by the Amundsens. He added Staff is recommending the ordinance the way 32 it was originally presented because they do not want to over -legislate. 33 34 Mayor Marty opened the public hearing at 7:27 p.m. 35 36 Brian Amundsen, 3048 Wooddale Drive, stated that when the he brought his and his wife’s 37 concerns to the Planning Commission and Council in the spring, he was told there was no 38 ordinance to address his situation. He stated that the language his wife suggested would 39 specifically address his concern. He stated the suggested wording regarding retaining walls next 40 to pools would have allowed the Council or Planning Commission to deny any retaining wall that 41 is along side a public safety structure. 42 43 Mr. Amundsen stated that he suggested additional language regarding public safety and asked the 44 language be incorporated into item seven. He said he is more concerned about safety and 45 Mounds View City Council August 14, 2006 Regular Meeting Page 4 commented that building code provides for specific standards and his suggested language falls 1 under the same category, which will not be over legislative. He added that he was unable to 2 attend the last Planning Commission meeting to discuss his concerns. 3 4 Mayor Marty closed the public hearing at 7:30 p.m. 5 6 Councilmember Thomas stated that the Council discussed some clarifying language regarding 7 when Staff would have to inspect a proposed retaining wall. She stated she would like some 8 language in the ordinance that allows Staff to address safety issues. 9 10 Director Ericson explained that the specific issue was not addressed with the Planning 11 Commission, but the problem that was discussed with the City Attorney is that the language 12 suggested is too vague. He stated that if the Staff feels there is a need to inspect the property, 13 they would do so. 14 15 Councilmember Thomas stated that she believed a trigger for the Staff inspection was the height 16 of the retaining wall. She added her concern is at what point the City should institute safety 17 guidelines. 18 19 Mayor Marty stated he recalled some discussion. He read from section 11.03.08 where fencing is 20 discussed and suggested “any retaining wall on property lines will be reviewed by Staff and be 21 decided on a case-by-case basis.” 22 23 Director Ericson replied that the language is too vague because it does not give any direction 24 about what will happen if there is a safety concern. Mayor Marty suggested adding language 25 stating, “it can be denied if there is a safety concern.” Director Ericson asked what would be 26 considered a safety concern. Director Ericson stated the code should be clear enough so citizens 27 can understand the requirements. He stated that adding a vague requirement is too ambiguous 28 and unfair and such language would cause confusion. 29 30 Councilmember Flaherty stated such language gives the City the ability to investigate such 31 instances. He stated the language at least allows the City to review the plan and if there is a safety 32 issue there can be some more discussion. He stated he would like language that at least gives the 33 City the opportunity to review the property. 34 35 Director Ericson stated the City currently has the ability to review permits. He stated that the 36 City should change the code explicitly explaining what the requirements are so it is easily 37 understandable. 38 39 Councilmember Thomas replied that she would like specific language that gives the City the 40 power to review the permit. She stated that her problem is that there is no specific point at which 41 such retaining walls could be deemed unsafe. She stated she would like the City to have recourse 42 for unsafe retaining walls. She stated she was hoping for language that allowed some recourse. 43 She stated language must be added allowing the City recourse for unsafe retaining walls. 44 45 Mounds View City Council August 14, 2006 Regular Meeting Page 5 Director Ericson stated when the issue was discussed with the City Attorney one of the concerns 1 was that one property owner’s actions should not impact what another property owner can do 2 with their property. He stated that the issues go both ways and perhaps there should be 3 responsibilities for the property owners with the pool. He stated that perhaps the approach 4 should be to require the fence for the pool to be setback from the property line, not the retaining 5 wall. 6 7 Councilmember Flaherty stated his concern is the safety issue. He stated he is fine with the 8 setback requirement for the pools. He stated the Council should consider the fence setback 9 requirement to ensure safety. 10 11 City Attorney Alsop stated that the citizens need to know what to expect when they are applying 12 for a permit, and without specific language in the ordinance, there is no specific direction for 13 Staff or for residents. He stated someone would be impacted, whether it is the pool owner or the 14 property owner with the retaining wall. 15 16 Mayor Marty asked if the pool requirements should be reconsidered. Director Ericson replied 17 that Staff is not necessarily suggesting rewriting the pool ordinance. He stated that the City must 18 determine who should be responsible for the setback, the pool owner or retaining wall owner. 19 20 Mayor Marty mentioned that there are more aboveground pools being built since they are more 21 affordable and perhaps the City does need to consider the pool issue. 22 23 City Attorney Alsop asked if there should liability for the owners of the property adjoining the 24 property with the pool. Councilmember Thomas replied that there was no liability for the 25 neighboring property owners and there is no clear direction for the City from a legal standpoint. 26 Mayor Marty noted the Amundsens have met their obligations with a 6-foot fence. 27 28 Councilmember Thomas stated that the Council and Staff should look at the pool ordinance, 29 which needs to be considered because it could potentially depreciate the value of homes. 30 31 Councilmember Stigney asked about 1103.08, Subdivision 5 and asked about the finished 32 construction definition. Director Ericson explained the finished construction and how the 33 finished side of the fence should face out. 34 35 Councilmember Gunn noted that the requirements regarding ground cover in the statutes states 36 that the area must be re-vegetated six months after construction, but in Section B it is contrasting. 37 Director Ericson stated Staff is investigating the issue in the building code. He stated he is 38 comfortable amending the ordinance to state the six-month requirement to establish ground 39 cover, weather permitting. 40 41 MOTION/SECOND: FLAHERTY/MARTY. To postpone discussion of Ordinance 773, an 42 Ordinance Amending the Zoning Code Relating to Landscaping, Fences and Retaining Walls 43 until after review of the ordinance regarding pools. 44 45 Mounds View City Council August 14, 2006 Regular Meeting Page 6 Councilmember Gunn stated this is supposed to be the second reading. She stated that the 1 Council gets to the point where the ordinance should be approved, and all of the sudden there are 2 new issues. She stated it seems to delay issues that should be considered. She added that the 3 City seems to be doing this quite often. 4 5 Mayor Marty responded that he would like to get the ordinances right the first time, rather than 6 amending or changing the ordinance at a later date. Councilmember Gunn suggested the Council 7 do more homework so such issues do not have to be tabled or postponed several times. 8 9 Councilmember Thomas stated that she has no problem postponing discussion if there are 10 potential changes. She stated she does not believe, however, that the ordinance will change and 11 this cannot support waiting any longer. 12 13 Councilmember Flaherty stated he would like to compare the ordinances before the current 14 ordinance is approved. 15 16 Ayes - -- 1 Nays - -- 4 (Stigney, Thomas, Marty, Gunn) Motion failed. 17 18 MOTION/SECOND: THOMAS/GUNN. To waive the reading and adopt Ordinance 773, an 19 Ordinance Amending the Zoning Code Relating to Landscaping, Fences and Retaining Walls until 20 after review of the ordinance regarding pools. (ROLL CALL VOTE) 21 22 MARTY - -- AYE 23 STIGNEY - -- AYE 24 GUNN - --AYE 25 FLAHERTY - -- NAY 26 THOMAS - AYE 27 28 Motion passed. 29 30 C. Second Reading and Adoption of Ordinance 776, an Ordinance Adopting the 31 Five Year Financial Plan (ROLL CALL VOTE) 32 33 Finance Director Beer explained that the City Charter requires an annual five-year finance plan 34 adopted by ordinance. He explained t here were a few changes since the work session and 35 regular council meeting. He stated the general fund is now in balance and is reflected in the plan. 36 He recommended adoption of the ordinance 37 38 Mayor Marty added that the ordinance is a five-year plan, but will not lock the City into the 39 plan. 40 41 MOTION/SECOND: GUNN/THOMAS. To waive the reading and adopt Ordinance 776, an 42 Ordinance Adopting the Five Year Financial Plan (ROLL CALL VOTE) 43 44 Mounds View City Council August 14, 2006 Regular Meeting Page 7 Councilmember Stigney asked if the LGA should be reflected. Finance Director Beer stated it is 1 included and shows up as a grant from the State. He pointed out where it is shown in the report, 2 under the governmental line in 2007, which increased $38,000 from the previous year. 3 4 Councilmember Stigney commented that he is not interested in following the plan because there 5 is too much spending. He stated that the levy reduction fund is already coming in to play before 6 the budget is discussed. He stated he believes the City should have a clearer plan. He pointed 7 out that the plan includes too much spending. 8 9 MARTY – AYE 10 STIGNEY – NAY 11 GUNN – AYE 12 FLAHERTY – AYE 13 THOMAS - AYE 14 15 Motion carried. 16 17 D. Public Hearing, Second Reading and Adoption of Ordinance 777, an Ordinance 18 Vacating Part of a Drainage and Utility Easement Associated with Lot 5, 19 Hidden Hollow (ROLL CALL VOTE) 20 21 Director Ericson explained that notifications went out to adjacent property owners. The City 22 authorized the Hidden Hollow plat in 2004. He stated Lot Five is one of the last lots to be 23 developed and the developer is requesting 1,683 feet be vacated from the drainage easement. 24 25 Director Ericson pointed out that several engineering firms have determined that the easement 26 does extend too far beyond the 100-year high water level and no problems with vacation of the 27 easement area were found. He stated the City’ s engineering firm, Bonestroo, agreed that the 28 easement does extend beyond the 100-year water mark. He added that the developers are 29 awaiting consideration from the Rice Creek Watershed before approval of the vacat ion will be 30 granted. 31 32 Director Ericson stated that the City did receive notice from some neighbors regarding their 33 concern about the vacation of the easement. He stated the concern is that it is not mutually 34 beneficial to allow the area to be built on because there is already water in some backyards. He 35 stated the neighbors are worried about backyard setbacks and curb appeal if the vacation is 36 approved. 37 38 Director Ericson stated that the easement was granted for storm water management for the 39 entire area. He stated the City did not intend to take too much easement and the Council needs 40 to determine if it is in the City’s interest to vacate the property. He added Staff recommends 41 approving the vacation pending the Rice Creek Watershed’s approval. 42 43 Mayor Marty opened the public hearing at 8:07 p.m. 44 45 Hearing no comment, Mayor Marty closed the public hearing at 8:08 p.m. 46 Mounds View City Council August 14, 2006 Regular Meeting Page 8 1 Councilmember Thomas addressed the citizens’ concerns. She stated she does not believe the 2 vacation of the easement dramatically changes where the house will be located. She stated the 3 request is reasonable and will not cause any problem to adjoining property. She stated she does 4 not understand the concern. 5 6 Councilmember Gunn asked about the setback from the road. Director Ericson replied the 7 building does meet the 30-foot minimum setback requirement He noted that most of the homes 8 are setback 30-35 feet. 9 10 Councilmember Flaherty noted that the property must be graded properly. Director Ericson 11 replied that the area will not need additional grading and the vacation will serve as a walkout 12 area. He stated that the builders would ensure that it is at least 100 feet from the high-water 13 level. He stated after the vacation is completed, the City has requested developer will submit a 14 as-built plan showing correct grading. 15 16 Mayor Marty asked who has paid for the engineering firms. Director Ericson replied that the 17 developer has paid for the engineering consulting. 18 19 Councilmember Stigney asked if curb appeal would be harmed with the home set back further 20 than the others. He mentioned that the home on Lot Five would be setback 40 feet rather than 21 the 30 feet. Director Ericson noted that the garage is being set out in front of the house and will 22 be somewhat different because of the issues surrounding it being a handicapped-accessible home. 23 He stated there are not sufficient differences in the home that will degrade the value of other 24 homes. 25 26 Dave Regal, of Dave Regal Construction, explained the house is setback an additional five feet 27 because the driveway is too steep for a wheelchair. 28 29 MOTION/SECOND: THOMAS/FLAHERTY. To waive the reading and adopt Ordinance 777, 30 an Ordinance Vacating Part of a Drainage and Utility Easement Associated with Lot 5, Hidden 31 Hollow and approving publication. (ROLL CALL VOTE) 32 33 MARTY – AYE 34 STIGNEY – AYE 35 GUNN – AYE 36 FLAHERTY – AYE 37 THOMAS – AYE 38 Ayes - -- 5 Nays - -- 0 Motion carried. 39 40 E. Second Reading and Adoption of Ordinance 774, an Ordinance Amending 41 Chapters 701 and 1106 of the Mounds View Municipal Code Relating to D og 42 Kennels (ROLL CALL VOTE) 43 44 Mounds View City Council August 14, 2006 Regular Meeting Page 9 Director Ericson stated the ordinance would change city code making it easier for residents with 1 three or four dogs to get the necessary approval. He stated that currently there is a lengthy 2 process for dog owners to get approval. 3 4 Director Ericson stated that the issue of having three to four dogs is not a land-use issue and is 5 not an issue to be governed by a Conditional Use Permit for a property. He stated the licensing 6 requirements for having so many dogs will not change, the issue would continue to be regulated 7 through licensing than through a CUP. 8 9 Brian Amundsen, 3048 Wooddale Drive stated he does not understand dog kennels and the 10 position of the community. He asked if the City is a rural, suburban, or city community. He 11 stated he is concerned with residents having three to four dogs. 12 13 Mr. Amundsen pointed out that such a number can cause significant messes in an area and that 14 he believes such a number of animals should require a kennel. He stated he believes the CUP 15 should stay with the property owner. He stated his opposition because he believes the 16 neighboring property value could be diminished. 17 18 Stan Meyer, 2812 Sherwood Road, asked if the ordinance applies to any types of kennels. 19 Director Ericson responded that the change is strictly residential and applies to pets, not to 20 commercial kennel operations. 21 22 Director Ericson responded to Mr. Amundsen’s concerns saying that if the property owner meets 23 the requirements of the CUP for the kennel, which there are none other than kennel requirements, 24 that they are granted a kennel license. He stated there is no mechanism by which the City can 25 deny the CUP. He stated the City is strengthening the ordinance with a revocation clause, which 26 was not include, and read the revocation conditions. 27 28 Director Ericson stated another clause is being added stating that certain persons are not allowed 29 kennels. He stated the only significant change is that the neighbors will not receive notice before 30 hand, but that property owners still must obtain signatures from at least 50% of the neighbors 31 within 500 feet. 32 33 City Administrator Ulrich asked Director Ericson to address the portability of the license and 34 whether it can be transferred from one property to another. Director Ericson stated the licensing 35 is done through a different department and the planning department is not involved in the 36 licensing process. He added that he does not know if a move requires the license to be renewed. 37 38 Councilmember Flaherty stated he believes a move should require a new license. 39 40 Councilmember Thomas stated she does not believe four dogs is an unreasonable number. She 41 stated that current licensing requirements create conditions where the license can be revoked. 42 Thomas stated she does not believe a kennel for three to four dogs is a property issue. 43 44 Councilmember Gunn pointed out that an animal owner has to reapply for their license when 45 Mounds View City Council August 14, 2006 Regular Meeting Page 10 they move. 1 2 Mayor Marty asked if the justification for revocation includes incessant barking. Director 3 Ericson responded that it does apply to incessant barking. 4 5 Mayor Marty stated he believes the new ordinance gives the City more control over the issue than 6 it has in the past. He stated he was bothered that the CUP stays with the property. He stated that 7 the problem occurs when new property owners move in and have a pre-existing CUP in place for 8 3 or 4 dogs. 9 10 MOTION/SECOND: THOMAS/FLAHERTY. To waive the reading and adopt Ordinance 774, 11 an Ordinance Amending Chapters 701 and 1106 of the Mounds View Municipal Code Relating 12 to Dog Kennels (ROLL CALL VOTE) 13 14 MARTY – AYE 15 STIGNEY – AYE 16 GUNN – AYE 17 FLAHERTY – AYE 18 THOMAS – AYE 19 20 Ayes - -- 5 Nays - -- 0 Motion carried. 21 22 F. Resolution 6902 Amending contract for Fire Protection Services; Amended 23 Exhibit A (Lease of Real Propert y) 24 25 Fire Chief Zikmund responded that this is a housekeeping item and that it is the first step in 26 disposing of the two fire stations. He stated that the Fire Department has a lease with the three 27 cities for the property, which is owned by the three cities but titled to the City of Blaine. He 28 stated the joint powers agreement then gives the Cities the power to dispose of the property. He 29 explained that the fire department would be vacating the property on October 1st, which is when 30 the new fire department will be open. 31 32 Fire Chief Zikmund stated there have been preliminary discussions with the City Blaine and the 33 other two cities to work out a fair price. He stated the Station property was appraised and an 34 adjoining church is interested in purchasing the property. He noted that once there is a buyer for 35 the property, a Resolution would come to the City of Mounds View and other Cities to approve 36 the sale. 37 38 Mayor Marty asked if the City of Blaine would purchase Fire Station Number Five. Fire Chief 39 Zikmund stated that the property is not marketable and the value of the building is $200,000. 40 41 Councilmember Flaherty asked where the funds would be go if it were sold. Finance Director 42 Beer stated that the City would purchase additional equipment with the sale of the Stations. Fire 43 Chief Zikmund explained that Blaine would purchase Fire Station Five since it already owns the 44 majority of the building. 45 Mounds View City Council August 14, 2006 Regular Meeting Page 11 1 Fire Chief Zikmund stated the City of Spring Lake Park adopted the resolution and it is before 2 the City of Blaine’s Council on Thursday. 3 4 MOTION/SECOND: GUNN/STIGNEY. To waive the reading and adopt Resolution 6902, 5 Amending contract for Fire Protection Services; Amended Exhibit A (Lease of Real Property). 6 7 Ayes - -- 5 Nays - -- 0 Motion carried. 8 9 Fire Chief Zikmund noted the grand opening of the new station would be September 13th. 10 11 G. Resolution 6892 Approval of Interim Lease Agreement in the Mounds View 12 Community Center for Oops Dinner Theatre 13 14 Economic Development Coordinator Backman explained that the principals of the Oops Dinner 15 Theater have toured the Community Center and have determined it acceptable for their dinner 16 theater. 17 18 Economic Development Coordinator Backman explained that the short-term seven-month lease 19 would run from September 2006 through March 2007. He stated it would supply Mounds View 20 with a revenue supply that has moderate risk. He stated negotiations have been occurring over 21 the last several weeks and real-estate taxes and revenue need to be addressed by the Council. 22 23 Economic Development Coordinator Backman stated that Community rooms C and D will be 24 used exclusively by Oops, but the banquet center will not. He noted that the original proposal 25 stated the Theater would pay the City $3.50 for each ticket sold, but the principles of the Dinner 26 Theater would prefer to drop the per-ticket fee and increase the base amount of the lease. He 27 stated the reason is to consider a ticket incentive program during a long-term lease because it 28 does not give the City an idea about the cycle of ticket sales throughout a full year. 29 30 Economic Development Coordinator Backman explained the revised lese agreement and pointed 31 out that the Theater would be using the kitchen area and will have “unencumbered access” to the 32 banquet center for rehearsal space. He stated the Theater wanted to make it clear that they would 33 have access to the banquet facilities for rehearsals. He stated the lease would be reviewed 90 34 days before its end for a longer-term lease. He pointed out the fourth point on the lease, which 35 made clear that the Theater both has performances and hosts special events. He also noted the 36 caterer who will be working with the Theater. 37 38 Carol Mueller, 8343 Groveland Road, stated the Theater is an excellent idea and mentioned it 39 will have a positive impact on the children in the community. She stated community groups use 40 the building and she would not like the benefit to the community diminished due to the city’s 41 want for money. She asked how the daycare center would be affected, particularly with the 42 serving of alcohol. She asked about what will happen if the Community Center goes away. She 43 asked how the issues of alcohol within a certain number of feet of a childcare center. 44 45 Mounds View City Council August 14, 2006 Regular Meeting Page 12 Economic Development Coordinator Backman responded that the childcare facility will remain a 1 tenant and he does not anticipate any impact on the childcare’s operation. City Administrator 2 Ulrich pointed out that the City currently allows liquor to be served at the banquet center. He 3 also stated Marta McIntyre would address the impact of the Theater on youth programs. 4 5 Mary Kay Fangel of Oops Dinner Theater stated she would not be serving alcohol any differently 6 than it will be for a wedding or any other event in the banquet center. She stated the Theater 7 would only be using two rooms and the banquet center when it is available. She stated she is 8 working with Community Center Staff so the Theater will not interfere with other activities. 9 10 Councilmember Thomas stated that Marta McIntyre of the YMCA programming at the 11 Community Center would address the programming issues, but she anticipates some impact to 12 the programming. Councilmember Gunn asked when Random Park would be completed and 13 mentioned it could also be used for programming. Public Works Director Lee stated it should be 14 available mid-September. 15 16 Ken Glidden, 5240 Edgewood Drive, asked about the use of the Community Center for the 17 Theater and whether it was consistent with the Community’s vision for the Center. He stated the 18 citizens of the City voted to approve the banquet center at the Community Center. He stated that 19 the voters authorized the expense to turn the building into a Community Center, not a business. 20 He noted his concern that nearly half of the Community Center will be used for private enterprise 21 and not for the use of citizens. He stated he does not approve. 22 23 Mr. Glidden stated that the goal is to make the Community Center self-supporting, which he does 24 not believe is an adequate goal. He stated it is his understanding that both youth and senior 25 citizens’ activities will be affected. He stated he does not know of any other Community Center 26 that is self-supporting and that the voters, when they approved the Community Center approved 27 the expense. 28 29 Mr. Glidden stated that he does not see that the City has such major budget problems to justify 30 turning the Community Center into a for-profit or self-supporting entity. He encouraged the 31 Council to deny the resolution and reminded them it is important that the citizens have full access 32 to the Center 33 34 Pam Docken, President of Oops Theater, pointed out that Maplewood Community Center houses 35 the Heritage Theater, which has been quite successful and has brought many community member 36 together. She stated the intent is not to take over the Community Center, but to bring theater to 37 the community. She stated that their goal is to allow the community to be involved in the arts and 38 added that Oops will provide Mounds View Community Theater space to hold performances. 39 She stated there are several other rooms available and when the Theater is not having 40 performances, the Center can use the rooms for various other meetings. 41 42 Mayor Marty asked Marta McIntyre, about how programming will be affected by Oops’ lease. 43 Ms. McIntyre stated her concern is with Community Room C, which is the largest room and is 44 used very often. She stated some of the impacts would be that the after-school program, summer 45 Mounds View City Council August 14, 2006 Regular Meeting Page 13 program, ballet and jazz classes, exercise classes, adult scrap booking, and other program would 1 be affected. She stated not having a large-enough space for such classes will significantly affect 2 programming. 3 4 Councilmember Flaherty asked the impact on programs and how it will impact community 5 members who will use the space since the private caterers have left. Ms. McIntyre stated there 6 has been positive feedback from residents who would like to use the space, but the Community 7 Center Staff have not allowed any reservations past August due to the discussions with Oops. 8 She stated there have been several inquiries about weddings. Mayor Marty asked if it is without 9 any advertising, and Ms. McIntyre replied it is just by word-of-mouth. 10 11 Councilmember Flaherty stated there has been significant interest in the Center. Ms. McIntyre 12 stated her direction has been to not reserve any space after the end of August. 13 14 Ms. Docken addressed Ms. McIntyre’s concern. She stated shows begin at 6:00 p.m. and are not 15 held every night. She stated she does not expect shows on Mondays and Tuesdays, and during 16 the days the banquet room is open. She stated that there is a low season in theater when there is a 17 high season in weddings. She explained that the Theater is flexible with scheduling around 18 community uses. She stated that the proposed renovation of the Community Center into a fitness 19 center would impact the center in the same way. Councilmember Thomas replied that the fitness 20 center would not affect the Center in the same way as the Theater would and it would increase 21 community programs. 22 23 Councilmember Flaherty asked about the Theater’s schedule. Ms. Docken explained that on 24 show days, they would be occupying the space from 5:00 – 10:00 p.m. Ms. Docken clarified that 25 rehearsals would not be from 6:00 – 9:00 a.m. 26 27 Mayor Marty asked about the Theater’s schedule in December, and stated that the rooms will 28 only be available for community use for three days. Ms. Docken explained that the banquet 29 room and dance floor would be open during the days. She also explained the configuration of the 30 stage. She said that the stage and tables would have to remain in place during the day during 31 the shows. 32 33 Mayor Marty asked City Administrator Ulrich and Assistant To The City Administrator Crane 34 about Election Day on November 7th and that in the past, City Staff has used the Community 35 Center in the past for election set-up. Ms. Docken explained that there would not be a show the 36 Monday night before elections and that there will be rehearsals, but it would available for 37 election set-up. 38 39 MOTION/SECOND: STIGNEY/. To waive the reading and adopt Resolution 6892, Approval 40 of Interim Lease Agreement in the Mounds View Community Center for Oops Dinner Theatre. 41 42 Motion failed due to lack of second. 43 44 Mary Scotch, 7806 Gloria Circle, stated that she understands they want to bring in extra revenue 45 Mounds View City Council August 14, 2006 Regular Meeting Page 14 for the City. She stated she does a lot of philanthropic work in the City and a colleague indicated 1 she had requested a date from the Community Center in December. She stated that she would 2 like to use the facility and was told the Center was not accepting any reservations. She asked if 3 the City could look at another facility for a Community Center. She stated she would like to use 4 the Community Center as a resident of Mounds View and asked the Council to reconsider the 5 Dinner Theater. 6 7 Mary Kay Walsh-Kasmarik, 8345 Pleasant View Drive, stated she is opposed to the proposal for 8 principle, practicality, and precedent. She stated she is opposed on principle because the 9 Community Center should be used primarily by Mounds View citizens. She stated the City 10 should consider the Community Center with the best interest of the citizens in mind. She stated 11 that private business discouraged community use of the Community Center. She encouraged the 12 Council to have a larger vision of the community and perhaps that there are better places for the 13 Theater. She stated there should be a larger vision for Mounds View, rather than allowing the 14 Theater in the Community Center. 15 16 Sarah Kessler of Oops Theater stated she appreciated the comments from citizens. She stated that 17 the caterer is not exclusive for the entire banquet center and that the Theater is not taking over 18 the Community Center. She said that auditions are open community-wide and Mounds View 19 residents can be involved. She stated this would be a trial-period to determine if the Theater 20 would work for the City and in the interim, it is a source of revenue for MV. She stated the 21 interim lease would allow for Mounds View to determine if it is an acceptable, viable, 22 community-friendly use. 23 24 Brian Amundsen, 3048 Woodale Drive, stated that the space in Maplewood is a dedicated theater 25 space. He explained that the Theater in Maplewood does not interrupt in any way the functioning 26 of the Community Center. He stated that tickets are more affordable and suggested Mounds 27 View contact Maplewood about revenue from their theater. 28 29 Mr. Amundsen expressed his opposition to the Theater and stated he would like to keep the 30 Community Center open to residents. He stated that Oops may be well intentioned, but it does 31 not belong in the Community Center. He stated he would rather have the Community Center 32 improved for residents rather than be a self-supporting entity. He also stated he is concerned 33 about the language “unencumbered.” He asked the Council to oppose the Theater. 34 35 Bruce Nustad, Staff President at Twin Cities North Chamber of Commerce, stated his support for 36 Oops and stated it is the opinion of the Chamber that it will bring more money into the city. He 37 stated from a competitive perspective, there are no dinner theaters in the immediate area and 38 Oops would be an excellent addition to the community. 39 40 Ms. Docken stated that the Heritage Theater is an excellent theater, and Oops is not asking for a 41 permanent stage structure. She stated that only 37% of the ticket price in Maplewood goes 42 toward the price, and that they are funded through various grants wand private donations. She 43 stated that Oops is funded on its own. She stated that it is the Theater’s intent to offer classes in 44 drama, voice, and acting as part of their use. 45 Mounds View City Council August 14, 2006 Regular Meeting Page 15 1 Stan Meyer, 2812 Sherwood Road, stated the YMCA would be adversely affected if the Theater 2 were approved. He stated that it seems the community is against the Theater and the Community 3 Center should not host businesses. He stated he would be subsidizing the Theater through his 4 taxes so they can make a profit, even though he and his family cannot afford the ticket price to 5 enjoy the Theater. 6 7 Scott Bryant, 2677 Scotland Court, stated he works with Oops, but he has also used the 8 community Center. He stated when he has visited the Center, he has not noticed much activity. 9 He stated the Oops is very flexible and they are willing to make accommodations for other 10 groups and uses. He stated that Oops has shared space before and will give the community 11 another entertainment option. He stated a seven-month trial period is something that is worth 12 considering. 13 14 Jill Lovare, 2249 Cheshire Circle, stated that she would like to use the Community Center, but 15 she did not join any programs because nothing appealed to her. She supports the Theater because 16 she would enjoy it and it would offer more variety. 17 18 Connie Hammes, 5511 Quincy Street, stated the Community Center was built for the community 19 and her concern are the children in the community. She stated if the after-school program is 20 ended, the children involved in the after-school program might have no place to go. 21 22 Councilmember Gunn asked Ms. McIntyre about the after-school program. McIntyre stated there 23 are several children in the after school program. Councilmember Gunn asked how the Council 24 will know if the Theater will work if it is not tried. She asked if other park buildings could be 25 utilized. She stated part of the remodeling plan was a fitness center, which would affect areas of 26 the Community Center as well. She suggested other areas of the building be considered for 27 more space and pointed out that $3200 per month would come in from the dinner theater in the 28 next seven months. 29 30 Councilmember Flaherty stated that he would love to give the Center to the community. He 31 stated that the programs are becoming more widely used and he is encouraged. He stated he 32 wants to make sure the community will use the Center. He noted in the contract that tenant shall 33 have “unencumbered access to the banquet center...” and he does not like the carte blanche of the 34 lease. He stated he is willing to give the Center to the community if they will use the Center. 35 36 Councilmember Stigney stated the key word is the interim. He stated it allows the City to give 37 the Theater a try for a specified time period in which the City can earn some revenue from the 38 Center. He stated that it allows the City some time to determine if the Theater will work or what 39 else will work for the City. He stated he believes that the interim lease is the best thing for the 40 City. 41 42 MOTION/SECOND: STIGNEY/. To waive the reading and adopt Resolution 6892, Approval 43 of Interim Lease Agreement in the Mounds View Community Center for Oops Dinner Theatre. 44 45 Mounds View City Council August 14, 2006 Regular Meeting Page 16 Motion failed for lack of second. 1 2 Judy Cummans, 7729 Knollwood Drive, stated she called the Center and was told she could not 3 rent at this point. She asked what type of theater Oops is. Ms. Docken replied that it is a G-rated 4 family theater. Ms. Cummans asked how the Theater makes their money and stated her concern 5 that the Theater will not pay their bills. Ms. Docken stated they have always paid their bills and 6 the lease is a binding contract and ensures they will pay. Ms. Cummans added that if the 7 Theater will lower her taxes, she will support it, but if it will not, she does not support it. 8 9 Mayor Marty asked about ticket prices. Ms. Docken replied that the ticket price averages $33.00 10 but that ticket prices range from $19 - $59. She stated matinees are $25 per ticket with a meal. 11 She noted that ticket prices are higher for prime nights, Friday and Saturday nights. 12 13 Mayor Marty pointed out that on the top of page 2, in the staff report, that the City would receive 14 3.50 for each full-price ticket sold. He pointed out that the old agreement indicated the City 15 would receive $34,000, and with the new agreement of the flat rate, the amount would be 16 $32,000. He noted the language about “unencumbered access” seems as though the City is 17 giving the Theater carte blanche access. He asked when residents would be ale to use the Center 18 if the Theater has unencumbered access. He pointed out the language implies it will be used as 19 more than a dinner theater. 20 21 Mayor Marty pointed the new language stating that tenant will be responsible for setting up of 22 table and chairs. He asked if the City employee will have to supervise and stated that someone 23 would have to pay for a Staff person to supervise. He noted new language regarding telephone, 24 Internet and Cable and asked why the City would be paying for such expenses. He also asked 25 about whether or not Oops could break the lease in the case of fire or other casualty under 26 Number 12, and asked if the tenant will have to pay damages if they are responsible. 27 28 Mayor Marty noted Number 24, which is the tax compliance and status of premises. He 29 questioned if the lease runs through March, and if the city decides not to renew the interim lease, 30 if the City will be paying taxes for 2007. Finance Director Beer stated the status of the 31 Community Center was changed to for-profit, the change would be effective in 2008. He 32 clarified that if it was changed, there would not be for-profit taxes assessed in 2007 or 2008. 33 34 Mayor Marty stated Mounds View is predominantly a blue-collar community and most residents 35 will not be able to afford $59 seats. He stated that the Council asked the YMCA to provide more 36 services to the community and programs are finally being increasing and more Mounds View 37 citizens are using the programs. He stated that programs are expanding and he is hearing more 38 positive feedback about the programming. 39 40 Mayor Marty stated the City was pricing citizens out of the Center when private caterers were 41 allowed. He stated he has gotten more calls regarding the Community Center since the for-profit 42 businesses have left. 43 44 Mayor Marty stated the Community Center needs to stay community focused. He stated he 45 Mounds View City Council August 14, 2006 Regular Meeting Page 17 would like to see continued use by the City, not by a for-profit entity. He added he wants to give 1 the Community Center back to the citizens. He pointed out that two residents spoke in favor of 2 Oops, one of whom is an employee, and that all other residents spoke against the Theater. 3 4 Economic Development Coordinator Backman replied that Oops would take care of their own 5 set-up and teardown. He stated that he has told Oops that they would have to pay for their 6 telephone line. He stated that there could be an alternate wording for the word “unencumbered.” 7 8 City Attorney Riggs stated there are a number of conditions in the lease that are not consistent 9 and there are several issues the Council should discuss. He stated that the Council needs to 10 determine who has priority in the Center. He pointed out that the document in front of the 11 Council should not be the final version. 12 13 Mayor Marty asked about the language stating, “direct supervision and control of a staff 14 member” during set-up and takedown. Ms. Fangel stated that some of the language is still being 15 discussed and that she does not expect the contract in front of the City now to be the final 16 version. She stated that she wants to make sure that phone and Internet is available to the 17 Theater, but they will pay for their own services. 18 19 Mayor Marty stated he did not think the direct supervision of the set-up and teardown is 20 necessarily bad to ensure the integrity of the building. Ms. Fangel stated Oops is not opposed to 21 such language. 22 23 MOTION/SECOND: MARTY/FLAHERTY. To deny Resolution 6892, Approval of Interim 24 Lease Agreement in the Mounds View Community Center for Oops Dinner Theatre. 25 26 Councilmember Gunn stated there is a discrepancy with the Resolution number. City 27 Administrator Ulrich confirmed that it is Resolution number 6892. 28 29 Councilmember Stigney stated that because it is an interim lease, it needs more refinement and 30 should not be denied at this point 31 32 Mayor Marty stated the goal of the Community Center is to increase programming and start 33 marketing the Community Center to the public. 34 35 Councilmember Stigney stated that the Community Center should be self-sufficient, which is one 36 of the goals established by the Council. He stated the Council should consider what other things 37 are happening with the Community Center while the City is determining better uses during the 38 seven-month time period. He stated denying the Theater lease is the wrong thing to do. 39 40 Councilmember Flaherty stated he understands that Oops is looking for a place to hold their 41 shows, but he believes that the Center needs to be given back to the citizens. He stated he has 42 examined the calendar and there are many dates being requested by the Theater. He stated he 43 would like a solution determined by Oops and the YMCA working together. He stated he would 44 rather provide the programming for the citizens, but would like Oops and the programming to 45 Mounds View City Council August 14, 2006 Regular Meeting Page 18 work on an acceptable arrangement. 1 2 Councilmember Gunn stated she is in favor of opening the Center up to the residents, but she 3 would like the citizens to understand how much the City is spending to subsidize the Community 4 Center. She stated there are many people who are against the City subsidization of the Center. 5 She noted that the Center is not used all of the time and that there are several park buildings that 6 could be used along with the Community Center. 7 8 Councilmember Gunn asked Finance Director Beer how much is spent on the Community 9 Center. Finance Director Beer replied that $142,000 in 2006 would be spent, which did not take 10 into account the $75,000 in lost revenue that occurred. 11 12 Councilmember Thomas stated her decision is difficult. She stated she chaired a committee 13 about the Community Center and the task force determined the Center should be used by the 14 community, not for profit. She stated that the City must determine what direction the City needs 15 to take with the Center because the expenditures are quite significant. She stated the task force 16 suggested a fitness center because they determined the Center should bring in revenue. 17 18 Councilmember Thomas stated the City has never had a building available to rent and this is a 19 new discussion that needs to be further considered. She stated that the Theater does not follow 20 goals set by the community task force for the Center. She stated the City needs to determine how 21 to fill the revenue hole, but she does not think the Theater is the proper entity. 22 23 Councilmember Stigney stated that the City does not have anything to plug the revenue hole 24 currently, but the Theater offers a seven-month time period in which to determine what will be 25 the best use. He stated the City should give the Theater a chance. He thought that the Council 26 gave Oops and the YMCA direction to discuss their schedules and come to a compromise. 27 28 MOTION/SECOND: STIGNEY/FLAHERTY. To postpone discussion of Resolution 6892, 29 Approval of Interim Lease Agreement in the Mounds View Community Center for Oops Dinner 30 Theatre, to allow time for Oops to discuss schedules with the YMCA and staff to clarify the 31 lease, until the City Council meeting on August 28, 2006. 32 33 Mayor Marty stated that in the seven months, the City would eliminate some of the community 34 programming, which has taken years to be built-up. He stated that the efforts and results would 35 be eliminated if the lease were approved. He stated he is against the lease being taken any 36 further. 37 38 Councilmember Flaherty asked if Ms. McIntyre and Oops have discussed their schedules. Ms. 39 McIntyre responded that they only met with Oops during the initial proposal. She continued that 40 the YMCA’s position is that they are not under the obligation to negotiate with Oops. She stated 41 if there were a place to hold the programs, they would do it, but that they are not in the position 42 to try and negotiate or compromise. 43 44 Ms. Fangel stated after the first meeting, she called Ms. McIntyre about a possible meeting, but 45 Mounds View City Council August 14, 2006 Regular Meeting Page 19 that she responded that Ms. McIntyre and the YMCA were not interested in compromise. 1 McIntyre stated her concern is having the space of Community Room C, which is used seven 2 days a week. 3 4 City Administrator Ulrich stated if the direction was given, the City would go back and 5 determine if additional language could be added and other building spaces would be explored. 6 7 Councilmember Gunn stated that she would like to direct Oops, Ms. McIntyre, and Staff to 8 present the Council with exact schedules. She stated that additional space needs to be considered 9 and the lease needs to be cleaned up before the next meeting. 10 11 Ayes - -- 3 Nays - -- 2 (Thomas, Marty) Motion carried. 12 13 CONTINUATION OF MEETING 10:00 p.m. 14 15 MOTION/SECOND: GUNN/THOMAS to continue the City Council meeting until 11:00 p.m. 16 17 Aye - -- 5 Nay - -- 0 Motion Carried 18 19 H. Resolution 6894 Approval of the Ramsey County Countywide Public Safety 20 Radio Communications Subsystem Subscriber Agreement 21 22 Police Chief Sommer stated that the resolution concerns the Ramsey County countywide public 23 safety subsystem subscriber agreement, which is the system associated with the 800-megahertz 24 system. 25 26 Police Chief Sommer stated this is system wide, and the Ramsey County system ties in to Anoka, 27 Hennepin, and other counties. He stated that all other cities in Ramsey County have agreed to 28 use the consolidated system. 29 30 Mayor Marty asked about Section 3.6 of the agreement, the radio cloning fees. Police Chief 31 Sommer stated it has to do with the actual radios, which have the capability of 250 channels and 32 it takes time to create duplicate radios. He stated cloning of the radio means making another user 33 radio. 34 35 Mayor Marty asked about section 4.3, which addresses the financing of subscriber radios. Police 36 Chief Sommer stated the City has purchased their radios and the County has paid $1995 per 37 radio, much of which was funded through a federal grant. He explained that the mobile radios 38 are approximately $2900 a piece. 39 40 MOTION/SECOND: GUNN/STIGNEY. To waive the reading and adopt Resolution 6894, 41 Approval of the Ramsey County Countywide Public Safety Radio Communications Subsystem 42 Subscriber Agreement. 43 44 Ayes – 5 Nays – 0 Motion carried. 45 Mounds View City Council August 14, 2006 Regular Meeting Page 20 1 I. Resolution 6917 Authorization to Hire a Replacement Police Officer for the 2 Mounds View Police Department. 3 4 Police Chief Sommer stated there is a current opening and there is an existing list of potential 5 officers and the next person on the list will fill the opening. He stated the next person on the list 6 is Nicholas Erickson who has completed all but two tests. He stated Staff recommends 7 approving Nicholas Erickson as a police officer contingent on passing psychological and medical 8 tests. 9 10 MOTION/SECOND: FLAHERTY/THOMAS. To waive the reading and adopt Resolution 11 6917, Authorization to Hire a Replacement Police Officer for the Mounds View Police 12 Department. 13 Ayes – 5 Nays – 0 Motion carried. 14 15 J. Resolution 6903 Severance payment for Thomas Baumgart, Mounds View 16 Police Officer 17 18 Assistant to the City Administrator Crane stated Thomas Baumgart was terminated from his 19 position due to his inability to perform the essential functions of a police officer as concluded by 20 his health care provider. She stated the termination was effective July 10, 2006. She added that 21 the draft Resolution authorizes a severance payment to Mr. Baumgart for his accrued 22 compensatory and vacation time. She noted the payment is in accordance with the Mounds View 23 Personnel Manual and the current LELS Police Officers Labor Agreement. 24 25 Assistant to the City Administrator Crane stated the resolution provides a payout of Mr. 26 Baumgart’s vacation hours, which is $5,458.20. She noted it was calculated as 181.94 hours 27 times his hourly salary of $30.00. She added that the Resolution also provides for a payout of 28 his compensatory time, which is $337.50. She noted it was calculated as 11.25 hours times his 29 hourly rate of $30.00. 30 31 Assistant to the City Administrator Crane stated it has also come to Staff’s attention that the City 32 may be responsible for the continued contribution payment of Mr. Baumgart’s health insurance, 33 in accordance with Minnesota State Statute 299A.465, subd 1. She read from the Statue which 34 states: “The employer is responsible for the continued payment of the employer’s contribution for 35 coverage of the officer or firefighter and, if applicable, the officer’s or firefighter’s dependents. 36 Coverage must continue for the officer of dependents until the officer of firefighter reaches age 37 65. However, coverage for dependents does not have to be continued after the person is no 38 longer a dependent.” 39 40 Assistant to the City Administrator Crane stated that Staff recommends severance payment to 41 Thomas Baumgart in accordance with the current LELS Police Officers Labor Contract in the 42 amount of $5,795.70. 43 44 Assistant to the City Administrator Crane noted e-mail from Mr. Alsop, Kennedy and Graven, 45 Mounds View City Council August 14, 2006 Regular Meeting Page 21 that Mr. Baumgart must be approved by an approved physician to receive such benefits. She 1 stated she would report back to the Council with findings. 2 3 Councilmember Stigney asked about why the City should not go ahead with payment. City 4 Attorney Alsop replied the City should go ahead with the payment. 5 6 Mayor Marty asked about the continued contribution and asked if the City will receive any 7 assistance to pay for the health insurance. Assistant to the City Administrator Crane stated she is 8 still researching the grant money available for the payments. 9 10 City Attorney Alsop stated that if the City pays for the insurance, it will qualify for 11 reimbursement, but that may change depending on how much the legislature contributes to the 12 reimbursement account. 13 14 MOTION/SECOND: THOMAS/GUNN. To waive the reading and adopt Resolution 6903, 15 Severance payment for Thomas Baumgart, Mounds View Police Officer. 16 17 Councilmember Flaherty left the meeting at 10:25 p.m. 18 19 Mayor Marty asked if the City would start paying for insurance immediately. City Attorney 20 Riggs stated it would start as soon as there is the fair determination made. He stated that it has 21 been recommended for Mr. Baumgart to go to the approved physician. He stated there is no 22 question if he qualifies, but only the question on when he will see the physician. 23 24 Ayes – 4 Nays – 0 (Flaherty absent) Motion carried. 25 26 K. Resolution 6904 Severance Payment for Jodi Salmonson, Mounds View 27 Receptionist 28 29 Councilmember Flaherty returned to the meeting at 10:29 p.m. 30 31 Councilmember Stigney left the meeting at 10:30 p.m. 32 33 Assistant to the City Administrator Crane stated that Jodi Salmonson resigned from her position 34 as the Mounds View Receptionist, effective August 7, 2006. She stated the Resolution 35 authorizes a severance payment to Jodi Salmonson that is in accordance with the Mounds View 36 Personnel manual and the current AFSCME labor agreement. 37 38 Assistant to the City Administrator Crane explained the Resolution provides a payout of Ms. 39 Salmonson’s vacation hours, which equals $14.78. She stated the amount was calculated as 1.02 40 hours times her hourly salary of $14.49, which equates to a $14.78 severance payment. 41 42 Assistant to the City Administrator Crane stated Staff recommends payment to Jodi Salmonson. 43 44 MOTION/SECOND: FLAHERTY/THOMAS. To waive the reading and adopt Resolution 45 Mounds View City Council August 14, 2006 Regular Meeting Page 22 6904, Severance Payment for Jodi Salmonson, Mounds View Receptionist. 1 2 Ayes – 4 Nays – 0 (Stigney absent) Motion carried. 3 4 L. Resolution 6912 Authorizing a Step Increase for Mark Beer, Mounds View 5 Finance Director 6 7 Assistant to the City Administrator Crane stated Mark Beer is a current employee with the City 8 of Mounds View and his supervisor has recently reviewed his performance as it relates to his job 9 description. She explained that it was determined Mark Beer has more than satisfactorily 10 performed in the capacity of his position, and therefore, a step increase wage adjustment is 11 consistent with the Mounds View Personnel Manual. 12 13 Assistant to the City Administrator Crane stated Staff recommends approving Mark Beer’s step 14 increase in accordance with the Mounds View Personnel Manual. 15 16 MOTION/SECOND: GUNN/THOMAS. To waive the reading and adopt Resolution 6912, 17 Authorizing a Step Increase for Mark Beer, Mounds View Finance Director. 18 19 Ayes – 4 Nays – 0 (Stigney absent) Motion carried. 20 21 Councilmember Stigney returned to the meeting. 22 23 M. Resolution 6915 Authorization to Hire for a Receptionist in the Administration 24 Department. 25 26 Assistant to the City Administrator Crane stated the position is currently vacant and due to this 27 vacancy it is becoming to maintain customer service levels. She noted the position is Hay 28 Pointed at 169 and the position is currently an AFSCME union position and the City is currently 29 in labor negotiations for a new 2006-2007 contract. 30 31 Assistant to the City Administrator Crane stated Staff was given permission at the August 7, 32 2006 Work Session to advertise for this position. She noted the position is currently advertised 33 on the City’s website and on the League of Minnesota Cities’ website. She explained that in 34 addition, the position would also be advertised in the Sunday edition of the Pioneer Press and in 35 next week’s edition of the Mounds View/New Brighton Bulletin. 36 37 Assistant to the City Administrator Crane stated the top candidate would start at Step One, 38 progress to Step Two in six months, to Step Three after twelve months, Step Four after twenty-39 four months and finally Step Five after thirty-six months of employment in accordance with the 40 Mounds View Personnel Manual and current AFSCME Labor Agreement. She noted that as 41 stated previously, AFSCME is in negotiations with the City for a new 2006-2007 contract, and 42 the starting salary will be in accordance with the most current AFSCME Labor Agreement. 43 44 Assistant to the City Administrator Crane stated that due to the present personnel levels at the 45 Mounds View City Council August 14, 2006 Regular Meeting Page 23 City, Staff did request at the Work Session permission to start looking at temp agencies to help 1 fill the void in the position until a candidate is hired. She noted that Marge Norquist, Part-Time 2 Account Clerk for the Finance Department, has volunteered to work full-time on a temporary 3 basis (not to exceed 60 days) until a receptionist is hired. She explained that the agreement 4 would eliminate the need to hire a temporary employee. 5 6 Assistant to the City Administrator Crane stated that Ms. Norquist would not be collecting any 7 additional benefits due to the temporary change to a full-time status. She noted Ms. Norquist 8 would receive her current rate of pay. She explained Staff anticipates on having a top candidate 9 presented to the City Council at the September 11th meeting. 10 11 Assistant to the City Administrator Crane stated Staff recommends approval of the draft 12 resolution authorizing staff to start the hiring process of a replacement Receptionist in the 13 Administration Department. She stated Staff also recommends allowing Ms. Norquist to work 14 full-time to fill the position in the interim. 15 16 MOTION/SECOND: GUNN/FLAHERTY. To waive the reading and adopt Resolution 6915, 17 Authorization to Hire for a Receptionist in the Administration Department. 18 19 Mayor Marty commended Ms. Norquist for stepping forward to fill this position. He asked if the 20 account clerk in the finance department would have more responsibilities. 21 22 Councilmember Stigney stated his opposition to hiring someone for this position and stated that 23 the receptionist should also be the communication coordinator. He stated that the administrative 24 assistant should take some of the “Assistant to the City Administrator” duties. 25 26 Ayes - -- 4 Nays - -- 1 (Stigney) Motion carried. 27 28 N. Resolution 6895 Approving a Contract for the SCADA System Upgrade No. 2 29 30 Public Works Director Lee stated Staff recommends postponing action. 31 32 MOTION/SECOND: MARTY/FLAHERTY. To postpone action indefinitely of Resolution 33 6895, Approving a Contract for the SCADA System Upgrade No. 2 until Staff can come back 34 with a recommendation. 35 36 Councilmember Stigney thanked Mr. Meyer for staying around to discuss this issue. 37 38 Ayes - -- 5 Nays - -- 0 Motion carried. 39 40 Stan Meyer, 2812 Sherwood Road, stated that he is in the business and buying proprietary parts 41 from one company is not a good position for the City to be in. Councilmember Flaherty stated 42 that the City is currently experiencing complete failure with the phone system. 43 44 Mounds View City Council August 14, 2006 Regular Meeting Page 24 Director Lee stated the City owns one of the communication systems, which is the one that is 1 giving them problems. 2 3 O. Resolution 6905 Approving Change Order No. 1 for the Groveland Park 4 Building Replacement Project 5 6 Director Lee stated the Groveland Park building would be classified as a Group A Building and 7 the City will be required to provide a fire suppression system in the building. He stated the 8 system would be $13,287, which is $7,000 less than the Random Park building due to several 9 reasons. 10 11 MOTION/SECOND: GUNN/THOMAS. To waive the reading and adopt Resolution 6905, 12 Approving Change Order No. 1 for the Groveland Park Building Replacement Project. 13 14 15 Ayes - -- 5 Nays - -- 0 Motion carried. 16 17 P. Resolution 6898 Approval of the Dispatch Services Agreement with Ramsey 18 County 19 20 Police Chief Sommer stated all cities in Ramsey County would receive dispatch services through 21 this agreement, which specifies the costs to the City. He stated costs will go down in 2007 and 22 will probably remain close to the amount since call levels have remained the same. He stated 23 Ramsey County would cover 60% of costs in the future. He stated Mounds View would be the 24 first city in Ramsey County to use the system. 25 26 Mayor Marty asked about page two, article four, and membership to the dispatch policy 27 committee. He asked about the membership and stated his concern that the numbers are heavily 28 weighted toward Saint Paul. 29 30 Mayor Marty also pointed out the dispatch users group and stated his concern that Mounds View 31 is the only Ramsey County city in their fire department’s group. He asked if the Mounds View’s 32 department could communicate with Anoka County as well. Police Chief Sommer stated that the 33 Mounds View fire department is primarily dispatched primarily by Anoka County. He stated the 34 calls are transferred to Anoka County’s dispatch center and there are no problems with 35 communication. 36 37 MOTION/SECOND: STIGNEY/GUNN. To waive the reading and adopt Resolution 6898, 38 Approval of the Dispatch Services Agreement with Ramsey County 39 40 Mayor Marty asked if there is anything Mounds View can do about the membership on the policy 41 committee. Police Chief Sommer stated the membership is based on volume of users and 42 Mounds View is one of the smallest cities using the service. He stated the City has the same 43 representative agreement as Roseville and New Brighton, which have approved to the agreement. 44 He stated the numbers are appropriate. 45 Mounds View City Council August 14, 2006 Regular Meeting Page 25 1 Police Chief Sommer stated the costs of the dispatch agreement are a good deal for the City. 2 3 Ayes – 5 Nays – 0 Motion carried. 4 5 Q. Resolution 6907 Approval of a Supplemental Furniture Order for the City Hall 6 Remodel 7 8 Police Chief Sommer stated he submitted an initial order, but after Staff moved in, there were 9 some additional furniture needs. He stated some of the older furniture did not work functionally. 10 He stated the amount is $10,614 with additional $2,900 for additional Council seating. He stated 11 this should be sufficient for fitting of new furniture for all Staff. 12 13 Councilmember Stigney asked if $2,900 is for the Council seating and asked what happened to 14 the old seats. He stated he would like to discuss new seats at a work session before approving 15 new seats. 16 17 Mayor Marty noted that the old chairs were thrown out. He stated that the Council should have 18 had input about chairs before the new ones were ordered. 19 20 City Administrator Ulrich stated the chairs proposed would be an upgrade. He stated Staff made 21 the decision to throw out the old chairs. He explained there has been dissatisfaction expressed 22 with the new chairs and the City cannot go back at this point. 23 24 Councilmember Stigney asked how much the various decisions that were made about various 25 furniture and design that were approved. He suggested the decision be postponed. 26 27 Councilmember Thomas stated that that another conversation needs to be had, but the items 28 being requested are needed by Staff. She stated she does not see reason in postponing something 29 that will not be changed and the City needs to move forward. 30 31 Mayor Marty asked about the Global Malaga task Chair for a total of $650.42, the Sit On It 32 Armed Guest Chair for a total of $527.84, three binder bins for $442.17, and on page 5, $289.00 33 for a garbage can. He asked about other expenses such as the recycling can for $248. 34 35 Police Chief Sommer explained the task chairs are for two full-time Staff members who have 36 older chairs and who need new chairs. He stated the guest chairs are side chairs for offices that 37 are the same model as other guest chairs. He stated he is not familiar with the garbage or 38 recycling cans and they are the types of cans that will be in the hallway and public areas. Mayor 39 Marty stated that $289 for one garbage can is excessive. 40 41 Police Chief Sommer stated all of the products are commercial quality. 42 43 Councilmember Stigney asked if the $1,190 listed was the credit for the current Council chairs. 44 Police Chief Sommer confirmed that the amount was the credit. 45 Mounds View City Council August 14, 2006 Regular Meeting Page 26 1 Councilmember Stigney stated that he thinks the Council should suffer in their chairs. Mayor 2 Marty stated for $3,000, he might bring a different chair from a different area. 3 4 Mayor Marty asked to remove the $2,900 for chairs. Councilmember Thomas stated that the 5 chairs need to be proper and that will fit for all different sizes of people. Mayor Marty suggested 6 they hold off on the chairs for more research. 7 8 Mayor Marty asked to strike the Henrickson Public Sector Group item in the amount of $2,900. 9 10 MOTION/SECOND: MARTY/GUNN. To waive the reading and adopt Resolution 6907, 11 Approval of a Supplemental Furniture Order for the City Hall Remodel, as amended. 12 13 Councilmember Stigney stated that the City should research what other options are available for 14 other supplies. Mayor Marty asked if other equipment has been considered. Police Chief 15 Sommer replied that the furniture on the order is the same style as the others that have been 16 ordered. 17 18 Director Ericson explained that the garbage can is a commercial grade cherry wood container that 19 will match the rest of the décor. Mayor Marty questioned the need for the cherry wood garbage 20 and recycling cans. 21 22 Ayes – 5 Nays – 0 Motion carried. 23 24 R. Resolution 6918 Approval of the LELS Local 232 (Police Sergeants) 2005-2006 25 Labor Agreement. 26 27 Assistant to the City Administrator Crane stated that the agreement that was reached is for a 28 general 3% wage for January 1, 2006, and a general 3% wage increase for January 1, 2007. She 29 noted the City agreed to a $682.20 insurance contribution in 2006 and $732.20 in 2007. She also 30 added that the City agrees to increase the uniform allowance to $690.00 in 2006 and $710.00 in 31 2007. 32 33 Assistant to the City Administrator Crane stated Staff recommends approving the resolution. 34 35 MOTION/SECOND: GUNN/FLAHERTY. To waive the reading and adopt Resolution 6918, 36 Approval of the LELS Local 232 (Police Sergeants) 2006-2007 Labor Agreement. 37 38 Mayor Marty noted the agenda states the 2005-2006 agreement. Assistant to the City 39 Administrator Crane stated it should be 2006-2007 Labor Agreement. 40 41 Ayes – 5 Nays – 0 Motion carried. 42 43 CONTINUATION OF MEETING 11:08 p.m. 44 45 Mounds View City Council August 14, 2006 Regular Meeting Page 27 8. CONSENT AGENDA 1 2 Mayor Marty asked to remove Item K. 3 4 Councilmember Thomas asked to remove Item L. 5 6 Councilmember Flaherty asked to remove items E and I. 7 8 A. Licenses for Approval 9 B. Resolution 6908 Approving Appointment of Election Judges for the 2006 10 Primary and General Election. 11 C. Set a Public Hearing for August 28, 2006 at 7:05 p.m. for the introduction, 12 and First Reading of Ordinance 778, an Ordinance Implementing a 13 Franchise Fee on Xcel Energy Electric and Natural Gas Operations within 14 the City of Mounds View for the Year 2007. 15 D. Set a Public Hearing for August 28, 2006 at 7:10 p.m. for the introduction, 16 and First Reading of Ordinance 779, an Ordinance Implementing a 17 Franchise Fee on Center Point Energy Natural Gas Operations within the 18 City of Mounds View for the Year 2007. 19 E. Resolution 6896 Approving a Contract Award for the Repair of Leaking 20 Catch Basins 21 F. Resolution 6900 Approval of the Century College Training Contract for the 22 Police Department 23 G. Resolution 6909 Amending the 2006 General, Tax Increment Financing 24 District 1 Special Revenue, 2004 Street Improvement Debt Service, Water 25 Enterprise, Street Improvement Capital Projects, the Levy Reduction Special 26 Revenue, and the Vehicle and Equipment Special Revenue Fund budgets. 27 H. Resolution 6910 Accepting a Donation from Bethlehem Baptist Church 28 I. Resolution 6897 Approving SEH for Architectural Services for 2006 Building 29 Upgrades for Wells and Treatment Plants 30 J. Resolution 6915 Setting a Public Hearing Date for the County Road 10 31 Trailway Project -Segments 9 & 10 32 K. Resolution 6916 Adopting Attorney’s Recommendation in Regard to 33 Taxability of Employee Severance Benefits 34 L. Authorization to Hire Cable Assistants in the Cable Department. 35 1. Resolution 6913 Authorizing to Hire for a Part-Time Cable Assistant 36 Vacancy in the Cable Department. 37 2. Resolution 6914 Authorizing to Hire Dave Olson as a Part-Time Cable 38 Assistant in the Cable Department. 39 40 MOTION/SECOND: MARTY/GUNN. To Approve the Consent Agenda as amended. 41 42 Ayes – 5 Nays – 0 Motion carried. 43 44 E. Resolution 6896 Approving a Contract Award for the Repair of Leaking 45 Mounds View City Council August 14, 2006 Regular Meeting Page 28 Catch Basins 1 2 Councilmember Flaherty asked Director Lee about catch basins throughout the City. 3 4 Director Lee explained that soil is permeating into the catch basins and that the basins are 5 nearing the ends of their lives. He stated that they are creating large sinkholes in the street when 6 the soil infiltrates the catch basins. 7 8 Councilmember Flaherty asked if the problem would be addressed with the street projects. 9 Director Lee stated the issue would be addressed. 10 11 Councilmember Flaherty asked if only one bid was received. Director Lee stated that the only 12 bid was received and it will be much more expensive for City Staff to complete the project. 13 14 MOTION/SECOND: FLAHERTY/THOMAS. To waive the reading and adopt Resolution 15 6896, Approving a Contract Award for the Repair of Leaking Catch Basins. 16 17 Ayes – 5 Nays – 0 Motion carried. 18 19 I. Resolution 6897 Approving SEH for Architectural Services for 2006 Building 20 Upgrades for Wells and Treatment Plants 21 22 Councilmember Flaherty asked if this is for services or for the replacement doors and windows. 23 Director lee explained that it would be for their services, not for the new equipment. 24 25 Director Lee stated that he wants SEH to look at what other options are available for the wells 26 and that the issue is more complicated than simply replacing a door. 27 28 Councilmember Flaherty asked about the costs. Director Lee replied that the entire project is 29 estimated at $25,000, which is replacing doors, painting doors, replacing windows and 30 ventilation in Well Two, as well as fixing the façade in Well Two. 31 32 Director Lee pointed out that the proposal is an estimate but it will not exceed the amount and 33 SEH will be paid on an hourly basis. 34 35 MOTION/SECOND: FLAHERTY/GUNN. To waive the reading and adopt the Resolution 36 6897, Approving SEH for Architectural Services for 2006 Building Upgrades for Wells and 37 Treatment Plants. 38 39 Ayes – 5 Nays – 0 Motion carried. 40 41 K. Resolution 6916 Adopting Attorney’s Recommendation in Regard to 42 Taxability of Employee Severance Benefits 43 44 This item was considered before item 7D. 45 Mounds View City Council August 14, 2006 Regular Meeting Page 29 1 MOTION/SECOND: MARTY/GUNN. To waive the reading and adopt Resolution 6916, 2 Adopting Attorney’s Recommendation in Regard to Taxability of Employee Severance Benefits 3 as presented. 4 5 Ayes – 5 Nays – 0 Motion carried. 6 7 L. Authorization to Hire Cable Assistants in the Cable Department. 8 1. Resolution 6913 Authorizing to Hire for a Part-Time Cable Assistant 9 Vacancy in the Cable Department. 10 2. Resolution 6914 Authorizing to Hire Dave Olson as a Part-Time Cable 11 Assistant in the Cable Department. 12 13 Councilmember Thomas asked what changes were made to the job description. Assistant to the 14 City Administrator Crane stated that one-year experience was added to the requirements and 15 stated she will provide the Council with a revised job description. 16 17 Councilmember Thomas stated a resolution authorizing hire defeats the purpose of authorization 18 to hire. 19 20 Mayor Marty stated Mr. Olson should be started at Step Five of the salary range. 21 22 Councilmember Flaherty mentioned that the salary step is a supervisory decision. 23 24 Mayor Marty asked if the City needs two cable assistants. He stated Mr. Olson expressed 25 concern that if the hire of another person will cut his hours. 26 27 Assistant to the City Administrator Crane stated Mr. Olson can speak with the Communications 28 Coordinator and an agreement can be made. City Administrator Ulrich stated there are senior and 29 junior positions and it will help with flexibility and the ability to have more cable programming. 30 He stated that the budget would support the hire. 31 32 MOTION/SECOND: THOMAS/MARTY. To waive the reading and adopt Resolution 6913, 33 Authorizing to Hire for a Part-Time Cable Assistant Vacancy in the Cable Department. 34 35 Aye-5 Nay – 0 Motion carried. 36 37 MOTION/SECOND: THOMAS/MARTY. To waive the reading and adopt Resolution 6914, 38 Authorizing to Hire Dave Olson as a Part-Time Cable Assistant in the Cable Department. 39 40 Mayor Marty asked if the Council could give the Communications Coordinator direction to start 41 him at salary Step Five. City Administrator Ulrich indicated such direction would be 42 inconsistent with the Resolution. 43 44 Aye – 5 Nay – 0 Motion carried. 45 Mounds View City Council August 14, 2006 Regular Meeting Page 30 1 9. JUST AND CORRECT CLAIMS 2 3 MOTION/SECOND: THOMAS/FLAHERTY. To approve the Just and Correct Claims as 4 Presented. 5 6 Ayes – 5 Nays – 0 Motion carried. 7 8 10. APPROVAL OF MINUTES 9 10 The July 24, 2006 City Council Minutes will be presented at the next City Council Meeting, 11 August 24, 2006. 12 13 11. REPORTS 14 15 A. Reports of Mayor and Council 16 17 Councilmember Gunn stated that the Festival in the Park is Sunday 18 19 B. Reports of Staff 20 21 Director Ericson updated the Council on Clear Channel and the lease agreement for a billboard 22 and to ask for support for trees to be removed in MnDot’s right of way on Highway 10. He 23 stated that Clear Channel is asking for the same letter for the new location as was prepared for 24 the Program Avenue site. 25 26 The Council agreed to provide Clear Channel with the letter. 27 28 Finance Director Beer indicated that the water meter surcharge will expire in 2007 and can be 29 deleted in 2008 and projections are that it would need a rate increase. 30 31 C. Reports of City Attorney 32 33 There was none. 34 35 12. Next Council Work Session: Tuesday, September 5, 2006, at 7 p.m. 36 Next Council Meeting: Monday, August 28, 2006, at 7 p.m. 37 Mounds View City Council August 14, 2006 Regular Meeting Page 31 1 13. ADJOURNMENT 2 3 The meeting was adjourned at 11:27 p.m. 4 5 Transcribed by: 6 7 Lauren McKay 8 TimeSaver Off Site Secretarial, Inc. 9