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HomeMy WebLinkAboutAgenda Packets - 2006/09/25V 94- -./' 6' 2609- CITY OF MOUNDS VIEW CITY COUNCIL MEETING AGENDA MOUNDS VIEW CITY HALL Monday, September 25, 2006 7:00 p.m. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Marty, Stigney, Gunn, Flaherty, Thomas 4. APPROVAL OF AGENDA 5. PUBLIC INPUT: Citizens may speak to issues not on tonight’s agenda. Before speaking, please give your full name and address for the minutes. Also, please limit your comments to three minutes. 6. SPECIAL ORDER OF BUSINESS 7. COUNCIL BUSINESS A. Resolution 6939, a Resolution Authorizing the Hire of Mr. David Schulte to the Position of Mounds View Cable TV Assistant B. Resolution 6937 Approving a Letter Agreement with BRAA to assist the City with Developing an Erosion Control Ordinance and Revised Grading Permit Procedure. C. Resolution 6941 Awarding a Contract for the Installation of Carpet and Tile and Authorizing Volunteer Painting for the Random Park Building Replacement Project D. Resolution 6940 Approving Change Order No. 1 for the Medtronic Utility Extension Project - Upsize Sanitary Sewer 8. CONSENT AGENDA A. Licenses for Approval B. Resolution 6928 Approving Change Order No. 1 for Hidden Hollow South – Extend Completion Date C. Set a Public Hearing for October 9, 2006 at 7:05 pm to Consider a Conditional Use Permit for an Oversize Garage at 2925 County Road H2. D. Resolution 6936 Appointing MMKR to Provide Auditing Services for the Years Ended December 31, 2006, 2007, 2008 E. Set a Public Hearing for October 9, 2006 at 7:10 pm to Consider Adopting a Special Assessment Levy for Delinquent Public Utility Accounts F. Set a Public Hearing for October 9, 2006 at 7:15 pm to Consider Adopting a Special Assessment Levy for Diseased Tree Removals G. Set a Public Hearing for October 9, 2006 at 7:20 pm to Consider Adopting a Special Assessment Levy for charges to abate a nuisance condition at 5300-02 Raymond Avenue H. Set a Public Hearing for October 9, 2006 at 7:25 pm to Consider the Introduction and First Reading of Ordinance 780, an Ordinance Approving Modifications to the City’s Official Wetland Zoning District Maps City Council Agenda September 25, 2006 Page 2 9. JUST AND CORRECT CLAIMS 10. APPROVAL OF MINUTES A. August 28, 2006 City Council Minutes. 11. REPORTS A. Reports of Mayor and Council B. Reports of Staff 1. Community Development Quarterly Report 2. Edgewood Drive Sanitary Sewer Service Line C. City Attorney 1. Review Litigation and Duty to Defend 12. Next Council Work Session: Monday, October 2, 2006 at 7pm Next Council Meeting: Monday. October 9, 2006 at 7pm Executive Session immediately following meeting Item No: 07A Meeting Date: September 25, 2006 Type of Business: Council Business City of Mounds View Staff Report To: Honorable Mayor and City Council From: Kurt Ulrich, City Administrator Item Title/Subject: Consideration of Resolution 6939, a Resolution Authorizing the Hire of David Schulte to the Position of Mounds View Cable TV Assistant Background: On August 14, 2006 City Council Meeting, the City Council authorized staff to advertise for the vacant Cable TV Assistant position in the Administration Department. The Cable TV Assistant is a non- exempt, part-time, non-union position and would not exceed 20 hours per week. 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 $12.00 per hour. Below is the new salary schedule for the position: Step One: $12.00/hr Step Two: $12.75/hr Step Three: $13.51/hr Step Four: $14.25/hr Step Five: $15.00/hr We received 4 applications for the position, of which two were selected for interview. The top candidate for this position is David Schulte. Salary: Due to Mr. Schulte’s employment experience, Staff recommends starting at Step 3, which is $13.51/hour. David Schulte has about eight years experience in cable television. David Schulte will then progress to Step 4 after 12 months (1 year from hire date) and Step 5 in 24 months (two years from hire date). All other personnel policies apply, no deviations have been made or offered. Start Date: David Schulte would begin employment on or after October 1, 2006 His hire date will be pending a satisfactory background check and reference check. Recommendation: Staff recommends the City Council adopt Resolution 6939, a resolution approving the hire of David Schulte to the position of Mounds View Cable TV Assistant, pending satisfactory background and reference check. Respectfully submitted, Kurt Ulrich, City Administrator RESOLUTION NO. 6939 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPOINTING DAVID SCHULTE TO THE POSITION OF MOUNDS VIEW PART TIME CABLE TV ASSISTANT WHEREAS, upon direction from the Mounds View City Council, the Mounds View Cable TV Assistant position was advertised; and, WHEREAS, this position is a part time, non-exempt, nonunion position; and WHEREAS, this part time position shall not exceed 20 hours per week; and WHEREAS, applications were received for the position and two applicants were chosen for interview; and, WHEREAS, David Schulte’s skills and experience were determined to most closely match the duties and responsibilities as outlined in the job description; and, WHEREAS, David Schulte has consented to a drivers license and criminal background check which will be performed as a condition of employment; and, WHEREAS, David Schulte will begin employment on or after October 1, 2006 at Step 3 of the hourly wage scale as adopted herein below: Step 1 Step 2 Step 3 Step 4 Step 5 $12.00 $12.75 $13.51 $14.25 $15.00 and; WHEREAS, David Schulte will progress to Step 4 in 12 months from hire date and to Step 5 24 months from hire date. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council appoints David Schulte to the position of Mounds View Part Time Cable TV Assistant with employment to commence on or after October 1, 2006, subject to satisfactory background checks. Adopted this 25th day of September, 2006. Rob Marty, Mayor ATTEST: Kurt Ulrich, City Clerk / Administrator (SEAL) Item No. 7C Meeting Date: September 25, 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 6941 Awarding a Contract for the Installation of Carpet and Tile and Authorizing Volunteer Painting for the Random Park Building Replacement Project Background: On December 12, 2005, the City Council adopted a resolution 6700 waiving the public improvement hearing, holding a public information meeting, ordering the project, approving a contract to demolish the existing building at Random Park, and authorizing the preparation of plans and specifications for the Random Park Building Replacement Project. On February 13, 2006, the City Council awarded a construction contract for the Random Park Building Replacement Project. This included moving the former golf course building to Random Park, establishing a foundation, making minor alterations to the building, and grading the site, including creation of a parking lot and storm water quality enhancements. The construction contract amount was $244,647.75 (engineers estimate was $255,000). Discussion: The final interior work, which includes carpeting, tiling, interior painting, and landscaping was planned for but excluded from the original construction contract; this was done as a cost savings measure. Under a construction contract, a general contractor would simply subcontract these items out and add a typical 12 to 15 percent surcharge to the project. It was therefore more cost effective if the City did not include these items in the overall bid for the project. Carpet and Tiling Staff has received quotes for carpeting the main floor area of the building and tiling the restrooms and serving area. The City received two quotes. A complete quote summary follows: Quoter’s Name Total Quote Abby Carpet $11,210.00 Suburban Flooring, Inc. $11,560.00 The low quote was received from Abby Carpet in the amount of $11,210.00. Carpet and tile samples will be available on September 25, 2006, for the City Council’s review. Interior Painting A Boy Scout has volunteered to paint the interior of the Random Park Building as part of his requirement to obtain an Eagle Scout badge. The Boy Scout will be acting as the painting contractor. As such, he will be making all arrangements to successfully complete the job. The City will fund the necessary supplies and paint. Paint samples will be available on September 25, 2006, for the City Council’s review. As previously mentioned, the Boy Scout will be acting as the painting contractor. However, since he will be a volunteer, he will need to be covered under the City insurance policy. Landscaping Staff is currently working with landscape designers to develop a simple landscape design for area surrounding the Random Park Building. The focus of the design will be to provide for minimal maintenance. This can be done at no cost to the City. To save labor costs associated with the landscape installation, Staff is investigating the possibility of utilizing volunteers. Two additional boy scouts seeking Eagle Scout projects have contacted staff. Staff will continue to work on developing a landscape project for the spring of 2007. Funding It is recommended that funds for the carpet and tile contract along with any necessary painting supplies be derived based on Resolution 6778 which reads, “The financing for the Random Park Building Replacement Project is as follows: all tax increment eligible expenses will be financed utilizing the City’s Tax Increment Fund (TIF). All remaining expenses are to be financed using a 60/40 split, with Special Project Fund contributing 60% and the Park Dedication Fund contributing 40%.” Recommendation: It is recommended the City Council approve a resolution awarding a contract for the installation of carpet and tile and authorizing volunteer painting for the Random Park Building Replacement Project. Respectfully Submitted, Greg Lee, Director of Public Works RESOLUTION 6941 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AWARDING A CONTRACT FOR THE INSTALLATION OF CARPET AND TILE AND AUTHORIZING VOLUNTEER PAINTING FOR THE RANDOM PARK BUILDING REPLACEMENT PROJECT WHEREAS, the final interior work, which includes carpeting, tiling, interior painting, and landscaping was planned for but excluded from the original construction contract as a cost savings measure; and WHEREAS, quotes for installation of carpet and tile for the Random Park Building were solicited and a total of two (2) quotes were received with the low quote submitted by Abby Carpet in the amount of $11,210.00; and WHEREAS, a Boy Scout has volunteered to paint the interior of the Random Park Building as part of his requirement to obtain an Eagle Scout badge; and WHEREAS, the Boy Scout will be acting as the painting contractor, but will need to be covered under the City insurance policy; and WHEREAS, it is recommended that funds for the carpet and tile contract along with any necessary painting supplies be derived based on Resolution 6778. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota as follows: 1. A contract for the installation of carpet and tile for the Random Park Building is awarded to Abby Carpet in the amount of $11,210.00. 2. The Mayor and City Administrator are hereby authorized and directed to enter into a contract with said contractor, contingent on City Legal Counsel approval. 3. Volunteer painting for the Random Park Building Replacement Project is authorized. 4. Funds for the carpet and tile contract along with any necessary painting supplies will be derived based on Resolution 6778. Adopted this 25th day of September 2006. ____________________________________ ATTEST: Rob Marty, Mayor ____________________________________ Kurt Ulrich, City Administrator (seal) Item No: 08A Meeting Date: September 25, 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. A Family Tree & Brush Service Tree Trimming/Removal New B & B Sheet Metal & Roofing, Inc. HVAC New Benson-Orth Associates, Inc. General (Commercial) New Bituminous Roadways, Inc. Asphalt New Landcor Construction, Inc. General (Commercial) New Nardini Fire Equipment Co., Inc. Dry Chemical Fire Protection New Tizack Concrete Cement/Masonry 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 28, 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 28, 2006 City Council Agenda 23 24 MOTION/SECOND: GUNN/FLAHERTY. To Approve the Monday, August 28, 2006 agenda 25 as presented. 26 27 Ayes – 5 Nays – 0 Motion carried. 28 29 5. PUBLIC INPUT 30 31 Tom Nelson, 8315 Red Oak Drive, stated he is concerned about traffic on his road. He 32 mentioned there are many children on Red Oak Drive and there are lots of vehicles cutting 33 through. He noted the speeds are very high and there are many more large trucks and buses. He 34 stated if there is an accident on Highway 65 or on 35W, the traffic is even worse. He asked if 35 there is anything the City can do to curb the cut through traffic. 36 37 Mr. Nelson noted that there was a study done 10 years ago and the Mayor at that time had said 38 there was no problem. He stated that the traffic is horrendous and out of control. He asked the 39 City to do something to slow traffic down and deter cut-through. 40 41 Mayor Marty stated he spoke with Public Works Director Lee and noted a traffic count was done 42 several years ago and the City should have it in their records. He suggested Public Works 43 compare the traffic counts from then and those that were done more recently. Director Lee stated 44 Public Works is aware of the problems and there are traffic counts for every odd year back 45 Mounds View City Council August 28, 2006 Regular Meeting Page 2 through the 1980s. He stated the City will investigate ways to make Red Oak Drive less enticing 1 to cut-through drivers and stated the City would look at ways to cut down on the traffic as part of 2 this next year’s street project. He stated that Red Oak is currently a municipal state aid road and 3 the City may be limited as far as what they could do. He noted that several options could be 4 considered during next year’s street project. 5 6 Mayor Marty stated the City would need to seriously consider traffic counting because once the 7 street is improved it will be more inviting to cut-through traffic. He stated the City would look at 8 Red Oak for improvement next year and the following year. He stated the traffic count would 9 compare traffic. He stated there have also been complaints about other roads in the City. He 10 noted such complaints are considered when the streets come up for discussion. 11 12 Councilmember Flaherty asked if the City could get the numbers for Red Oak and Long Lake 13 Road from the previous traffic counts. Director Lee stated he has already started compiling the 14 numbers and will have them to present to the council soon. He noted where the counts are taking 15 place and added that the counts he will presented to the Council. 16 17 Mayor Marty noted there have also been constant complaints about Groveland and that Red Oak 18 Drive has two stop signs while Groveland only has one. 19 20 Councilmember Gunn stated she is familiar with the traffic on Red Oak. She noted that most of 21 the bus traffic on the street is from Lorenz and asked if the City could do anything about it. She 22 stated she does not know the reason for the increased semi traffic, but that she has noticed more 23 semis on Red Oak Drive. 24 25 Councilmember Thomas stated that the Council needs better information about where the semis 26 are coming from and why. She stated the issue is that if the City cuts off Red Oak Drive, the 27 traffic will use other City streets, such as Long Lake and Groveland. 28 29 Mr. Nelson stated the speed on the last three blocks of Red Oak is 50+ miles per hour. He said 30 that the City needs to do something to slow the traffic down because it is scary. He said the City 31 needs to consider all options before someone gets hurt. 32 33 Director Lee stated the Police Department has purchased a speed analyzer so there could be a 34 speed analysis on the road. He stated once Groveland is done, the analyzer would be moved to 35 Red Oak. 36 37 James Nelson, Tom Nelson’s next-door neighbor, stated that SYSCO regularly uses Red Oak 38 Drive. He stated he has offered his driveway for the Police to use as a speed trap. He stated 39 there needs to be a better solution and that he is worried about the safety of the children who live 40 along the street. 41 42 Hollis Lindberg, 8454 Pleasant View Drive, asked about the impact the Anoka County Airport 43 runway extension will have on air traffic over Mounds View. 44 45 Mounds View City Council August 28, 2006 Regular Meeting Page 3 Mayor Marty stated that everything that was printed in the paper has been in the works for many 1 years. He stated Mounds view curtailed the north-south runway expansion, but the east-west 2 expansion was never set back. He stated the runway and Instrument Landing System have been 3 planned for quite some time. He added in 1999 or 2000 Mounds View got a 20-year moratorium 4 on the north-south runway. He stated that the MAC originally wanted to construct north-south 5 parallel runways. 6 7 Mayor Marty noted that Blaine has been in favor of the airport and expansion, however, with 8 new high-end development north of the airport, Blaine residents may be allies in opposition to 9 the north-south runway. He also noted that the new eight-story Medtronic building could help 10 Mounds View by keeping some of the north-south traffic down. He also noted the phone number 11 on the website for complaints about air traffic noise. 12 13 David Jahnke, 8248 Edgewood Drive, replied to the airport noise comment. He stated he 14 belongs to the airport commission. He explained that there would always be air noise and that 15 the airport is no different than a highway and pilots can use the airport at any time. He stated that 16 pilots would try to abide by certain rules. 17 18 Mr. Jahnke explained that there is nothing the City can do to reduce traffic and the airport will be 19 getting busier. He commented that if there is anything he can do for the City, he will do it at the 20 next meeting. Mayor Marty noted that Mr. Jahnke is one of two Mounds View representatives 21 on the airport commission. 22 23 Mike Reed, 2208 Lois Drive, stated that several years ago a phone survey was done about the 24 golf course and community center. He noted that at that time, nobody supported either venture. 25 He stated that the community center currently costs the City $147,000 a year, with another 26 $175,000 in added expenses. He asked why the City is not selling the community center. 27 28 Mayor Marty noted that the Community Center is an asset and benefit to the community and 29 residents. He stated that the Council has been trying to make it work as a banquet center, and 30 they have finally come to the conclusion that a caterer and banquet center are not viable uses. He 31 noted the task force was started last January, which was made up of commissioners, elected 32 officials, and citizens, who started brainstorming about better uses for the center. He stated that 33 more citizens have been expressing interest in the center. He stated if there are three or four 34 weddings or events a month, it would be helpful. He noted that there is an ongoing discussion 35 about the Center. 36 37 Mr. Reed expressed his opinion that it is a lot of money to spend on the community center. 38 Mayor Marty stated he has been contacted by residents who used other cities’ banquet centers 39 when the caterers at Mounds View’s community center were too expensive. Mr. Reed asked 40 how long the City would keep the center open without making a profit. 41 42 Councilmember Flaherty stated that when the survey was done, residents were not using the 43 community center because it was too expensive. He stated that the current discussion is 44 surrounding whether or not the residents will use the center. He noted that the center is similar to 45 Mounds View City Council August 28, 2006 Regular Meeting Page 4 the parks, which are subsidized. He stated that the current discussion is whether or not residents 1 will use it if it is more affordable. Mr. Reed stated that he asked the same question a few years 2 back, when the center was costing the City $90,000 a year, and that the City needs to seriously 3 consider the cost to the citizens. 4 5 Carol Mueller, 8340 Groveland Road, stated that the Cub Scouts are currently meeting at the 6 Community Center. She stated that the troop tried to use the center with the previous caterers, but 7 they could not afford it at that time. She stated that the troop is excited to have the space at the 8 center to hold meetings and events. She stated that the center is a benefit to the city and those 9 who come into the City will be served as well. She stated that she understands it is subsidized by 10 the city and it is a service that residents appreciate. She also asked that the City consider a 11 different location for the theater group. 12 13 Jeff Abler, 8331 Red Oak Drive, stated he is a recent transplant to Mounds View and when he 14 moved here, he loved the neighborhood and area. He stated his concern is the volume of traffic 15 on Red Oak Drive and the size and speed of the vehicles. He stated there is some awareness 16 from the City, but stated there are significant amounts of traffic and speeds are very fast. 17 18 Mr. Abler stated the road is not in good condition and cannot handle the speed, amount of traffic, 19 and weight of the large vehicles. He stated that Red Oak has become the main north to south cut-20 through for people avoiding 35W or Highway 65. He asked that the Council address the issue at 21 an upcoming meeting. He noted Long Lake Road is a County road and is better equipped to 22 handle traffic than Red Oak Drive and others such as Groveland. 23 24 Mayor Marty noted the issue would be up for future discussion. 25 26 Rick Perrozzi, 7791 Groveland Road, stated that some of the Council is wondering about the 27 PAC Building. He stated that the property to the back was being held for a future parking lot. 28 He stated that the watershed district wants to ensure that the water from the property goes 29 through the pre-treatment ponds before the main pond. 30 31 Mr. Perrozzi stated that the taxes for the property have gone up. He stated that the watershed 32 district knew he wanted to make the area a parking lot and brought the issue to the attention of 33 Velmeir. 34 35 Mr. Perrozzi noted that the watershed district ruined the property and will not have it graded for a 36 parking lot. He stated that he asked the watershed to speak with Jim LaValle regarding what 37 happened to the paper that was signed at the closing but then altered. He stated that because it 38 was done, the City would not approve the parking lot. He stated that he hired an engineer whose 39 opinion it was that the project was doomed from the start. He stated the CVS site could have 40 been lowered in order to accommodate his property. 41 42 Mr. Perrozzi noted that Community Development Director Ericson stated he, Mr. Perrozzi, was 43 the reason the project was not done. He stated the property was kept for parking, and if there is 44 no parking, the integrity of the building is compromised. He stated that tenants would like to 45 Mounds View City Council August 28, 2006 Regular Meeting Page 5 come in to the building, but they all ask when the parking lot will be done. He stated that he 1 could not lease the building until the parking is done. 2 3 Mr. Perrozzi stated that he worked with Velmeir with the piece of property and they need to take 4 care of it. He also asked why he could not speak with the City’s engineers who worked on the 5 project. He said he will pay for the engineers’ time for the meeting. 6 7 Mr. Perrozzi stated he is trying to mediate this situation and will begin litigation unless he can 8 get it done. He asked if the City is powerless to do anything. He noted his concern that it is 9 taking so long. He stated last fall he went to the watershed district, he told the property owners 10 last fall what the district needed, and nothing was done. He stated that the watershed district has 11 to submit a plan, the City would approve the plan, but Velmeir is not doing anything to approve 12 it. He stated there are two months to get the parking lot done. He also explained all of the steps 13 that have to be taken in order to approve the parking lot with the watershed district. He stated he 14 has done everything he can, but Velmeir has not. 15 16 Mayor Marty noted that there are two pieces of private property, one owned by CVS, one owned 17 by Mr. Perrozzi. He stated the City is unable to tell either property owner what to do. He stated 18 that if he and the other property owner cannot make it work, they may have to go to court. He 19 stated he has discussed the problem with Director Ericson and Mr. Perrozzi and stated the City 20 does not have much leverage between two private property owners. 21 22 Mr. Perrozzi stated that the positioning of the streetlight ruins his property and he has asked the 23 other property owner to move the light. He stated when he has hired an attorney and stood his 24 ground, the other property owner has finally listened. He noted the other problems. 25 26 Mayor Marty stated that Mr. Perrozzi has exceeded his three minutes and asked Director Ericson 27 to try and set up a meeting between Velmeir and Mr. Perrozzi to try and work something out. 28 Director Ericson stated that Mr. Perrozzi’s engineers have spoken to the watershed district, but 29 that the plan needs to be in place before it could be reviewed. He stated that there should be 30 resolution this week. He stated he would contact the owner of Velmeir and the engineers to set 31 up a meeting. Mayor Marty stated he would appreciate such a meeting. 32 33 Mr. Perrozzi stated he would pay the costs of the engineers. He stated he would like to know 34 how the grades were approved and how the project was set up. He said he wants to get the 35 parking lot done to bring in tenants. 36 37 Director Ericson stated he is not sure if the engineers would help the problem. Mr. Perrozzi 38 stated it would help him determine the liability of the plan. He questioned why the City would 39 approve the plan for the parking lot when it may not be viable. 40 41 Mayor Marty asked Director Ericson to look into the issue and report back to the City. Mr. 42 Perrozzi stated he would like an answer and will contact the engineers himself. 43 44 Mounds View City Council August 28, 2006 Regular Meeting Page 6 David Jahnke thanked Councilmember Gunn for all of the work she did for the Festival in the 1 Park. He stated that Mounds View has the best fireworks. He added that if the City contact 2 SYSCO about the trucks on Red Oak Drive, the issue would be addressed. He addressed the 3 Community Center and stated he has not spoken to many citizens who would use the Center. 4 5 Ken Glidden, 5240 Edgewood Drive, went on record that he supports the Community Center. 6 7 6. SPECIAL ORDER OF BUSINESS 8 9 A. City Council Meeting Minutes, July 24, 2006. 10 11 Mayor Marty noted he had presented his corrections to City Administrator Ulrich last week. 12 13 Councilmember Thomas noted a few corrections. 14 15 MOTION/SECOND: MARTY/THOMAS. To Approve the Monday, July 24, City Council 16 Meeting Minutes, as corrected. 17 18 Ayes - -- 5 Nays - -- 0 Motion carried. 19 20 7. COUNCIL BUSINESS 21 22 A. Public Hearing, Introduction, and First Reading of Ordinance 778, an 23 Ordinance Implementing a Franchise Fee on Xcel Energy Electric and 24 Natural Gas Operations within the City of Mounds View for the Year 2007. 25 26 Finance Director Beer explained that about a month and a half ago he spoke with Xcel’s 27 government relations representative to explain that the City was considering passing a levy. He 28 stated Xcel sent a letter responding to the right-of-way permit fees stating that the City cannot 29 charge a franchise fee and a permit fee. He noted that City Attorney Riggs is reviewing the letter. 30 31 Finance Director Beer stated that currently the City imposes a 4% franchise fee for natural gas. 32 He stated the City has budgeted $270,000 for both the general fund and street improvement fund 33 for 2007. He stated he recommends opening the public hearing 34 35 Mayor Marty opened the public hearing at 7:50 p.m. 36 37 Hearing no comments, Mayor Marty closed the public hearing at 7:50 p.m. 38 39 Councilmember Stigney asked if the $270,000 includes fees from Centerpoint Energy as well. 40 Finance Director Beer stated very little is generated from Centerpoint and Xcel is the main 41 contractor. He also corrected a few typos in the staff report. 42 43 Attorney Riggs stated he will review the letter and will respond to the Council during the second 44 reading at the next Council meeting. 45 Mounds View City Council August 28, 2006 Regular Meeting Page 7 1 MOTION/SECOND: GUNN/FLAHERTY. To waive reading and approve Introduction, and 2 First Reading of Ordinance 778, an Ordinance Implementing a Franchise Fee on Xcel Energy 3 Electric and Natural Gas Operations within the City of Mounds View for the Year 2007. 4 5 Ayes – 5 Nays – 0 Motion carried. 6 7 B. Public Hearing, Introduction, and First Reading of Ordinance 779, an 8 Ordinance Implementing a Franchise Fee on Center Point Energy Natural 9 Gas Operations within the City of Mounds View for the Year 2007. 10 11 Finance Director Beer stated it would be a continuation of the agreement with Centerpoint for 12 4% franchise fee. He noted there is only one Centerpoint customer in the City and the revenue 13 generated is very low. He stated that Medtronic has the option to choose between Centerpoint 14 and Xcel and revenues from Centerpoint could go up. 15 16 Mayor Marty opened the public hearing at 7:53 p.m. 17 18 Hearing no comment, Mayor Marty closed the public hearing at 7:53 p.m. 19 20 Councilmember Thomas asked if there was any response from Centerpoint. Finance Director 21 Beer replied that the agreement was not amended and Centerpoint did not respond. He also 22 pointed out a few typos in the staff report. 23 24 MOTION/SECOND: THOMAS/FLAHERTY. To waive the reading and approve Introduction, 25 and First Reading of Ordinance 779, an Ordinance Implementing a Franchise Fee on Center 26 Point Energy Natural Gas Operations within the City of Mounds View for the Year 2007. 27 28 Ayes – 5 Nays – 0 Motion carried. 29 30 C. Public Hearing, Resolution 6906 Holding a Public Hearing, Approving the 31 Feasibility Report and Ordering the County Road 10 Trailway Project for 32 Segments 9 &10 33 34 Public Works Director Lee explained that in January, the Council authorized a feasibility report 35 regarding construction of a trailway on the south side of County Road 10 between Silver Lake 36 Road and Long Lake Road. He stated it was reviewed at a work session and was set as a Council 37 agenda item on August 14th. 38 39 Director Lee explained that the project proposed is a 10-foot bituminous trailway, which would 40 include a boardwalk. He noted it includes pedestrian scale lighting and every 5th light will have a 41 City medallion. He stated the project proposes storm water infiltration features and water quality 42 enhancement, which will include vegetated areas and rain gardens. He stated landscape features 43 will be included such as mass plantings such as tall grasses mixed with perennial plants, 44 including landscape mounds and tree groves. 45 Mounds View City Council August 28, 2006 Regular Meeting Page 8 1 Director Lee noted there would be five benches installed, six trash receptacles, a bike rack, 2 planters, three locations for signage and an information kiosk for City information. He stated 3 that the project also identified seven trailway alternative connections. 4 5 Director Lee explained that the estimated cost of the project is $736,800, with the connection 6 alternatives at a cost of $468,300, for a total cost just over $1.2 million. He noted where the 7 connection alternatives are and identified where they would be located. He explained where 8 there would be a wetland overlook and crossing. He stated there would be a connection at Silver 9 View Plaza, which would connect to private properties, and a trailway for the Ramsey County 10 Library. 11 12 Director Lee stated Staff recommends holding off on the alternative connections but approving 13 the initial construction. He stated that the City could postpone the connection alternatives until 14 the trailway is finished. He stated that if the connection alternatives are 100% funded by the 15 private properties, the City could go forward with those. 16 17 Director Lee noted the Council must examine funding sources such as TIF. He noted the project 18 schedule, and if the Council approves the project, construction would begin January 2, 2007, 19 with the project completed in Fall 2007. 20 21 Director Lee stated that Staff recommends approving the feasibility report, order the project, and 22 authorize the preparations of plans and specifications. He stated if the Council would like to go 23 forward with the connection alternative, that they begin looking into easement. 24 25 Director Lee stated direction is needed regarding if the base project is acceptable as proposed, 26 how the City would like to deal with connection alternatives, and how the project should be 27 funded. 28 29 Mayor Marty opened the public hearing at 8:09 p.m. 30 31 Jonathan Thomas, 8040 Groveland Road, stated he has significant concern about the trees and 32 shrubs that were a part of the walkway plan along the highway. He stated that such landscaping 33 could lead to very difficult visibility for side roads connecting to the main road. He urged 34 caution regarding visibility when planning. 35 36 Director Lee stated that agenda item 7L deals with design and landscaping. He stated that the 37 goal is to discuss a consistent landscape plan for the entire corridor and ensuring proper sight 38 lines going forward. 39 40 Mike Reed, 2208 Lois Drive, asked how many people would use the path. He noted that it is an 41 awful lot of money to be spending if the City does not know how it will be used. Mayor Marty 42 replied that Silver View Park Trails are used very often and the trailway on County Road H is 43 also being used. He stated the City is trying to make County Road 10 a safe corridor for 44 residents. He stated that the sidewalks and trailways that have been put in already have been used 45 Mounds View City Council August 28, 2006 Regular Meeting Page 9 more than the City had hoped. 1 2 Mayor Marty mentioned that during a seminar about walkable communities the point was raised 3 that people are using such trailways more with the price of gas rising and increased health 4 awareness. He stated if trailways and sidewalks are available, they will help both the City and 5 residents. 6 7 Councilmember Thomas stated there are many nice benefits to the trailways, particularly for 8 those who already walk on the sides of the highways. She stated many people do not cross at the 9 intersections and safety is a main concern. She also noted the school districts and that sidewalks 10 and trailways will ensure that people are not walking on County Road 10. 11 12 Mayor Marty noted that there are sections where people are walking on the shoulder, not even in 13 the grass along the side of the road, but there are also worn paths in the grass from pedestrian 14 traffic. 15 16 Councilmember Gunn stated she has noticed mothers pushing strollers along County Road 10. 17 She noted there are single-family homes and apartment buildings along the road where people 18 walk. She added that there are several residents who bike to work and the trailways and 19 sidewalks will be utilized. She said she hopes more of the kids will be using sidewalks instead of 20 the sides of the street to get to school. 21 22 Jeff Eide, manager of the Ramsey County Library, 2576 County Road 10, stated that a significant 23 portion of their visitors walk or bike to the library. He noted that their bike rack was beyond 24 capacity and that they have added a second bike rack due to bike traffic. He stated many people 25 will use the trailway. He also mentioned concerns regarding the alternate connection. 26 27 George Weinke, 2704 County Road 10, stated his concern is that he pushes snow up to the front 28 of his lot, which will be piled up on the trailway. He stated his concern is about when the 29 trailway goes in that the snow will melt across the trailway. He suggested the City put a culvert 30 in that area because there will be an ice issue over the trailway in the spring. 31 32 Mr. Weinke proposed that the City engineer look at the area before the trailway is approved. He 33 stated that the City needs to consider a way to prevent the water building up on the trailway area. 34 He noted the property’s topographical characteristics and suggested ways to improve the 35 drainage. He stated the City may have a liability issue due to flooding and potential melting and 36 freezing. 37 38 Councilmember Thomas stated the City needs to consider such issues with all properties 39 regarding snow removal and that the landscaping plan needs to have summer and winter 40 landscaping considerations. 41 42 Councilmember Flaherty stated that Mr. Weinke’s neighbors may have the same issues. Mr. 43 Weinke replied that there may be such issues and reiterated his concerns with snow removal. 44 Mayor Marty pointed out that it may be an issue on the north side as well. Mr. Weinke noted that 45 Mounds View City Council August 28, 2006 Regular Meeting Page 10 many of the property owners have more room than he does for snow removal. 1 2 Mike Gross, who manages the Kraus Anderson properties, stated that he likes the plan and has a 3 few small concerns. He stated one is the landscaping and they are worried about how planting 4 will visually affect the building. He noted his concern about the alternate crossings that might 5 encroach on his parking. He asked whose responsibility it will be to maintain the connections. 6 7 Mr. Winiecki also brought up concerns about maintenance of the trailway. He asked if the City 8 will be responsible, and Mayor Marty replied it would in fact be the City’s responsibility. Mr. 9 Weinke also asked about where the trail will be located. Councilmember Thomas explained that 10 there are alternatives being discussed. 11 12 Hearing no further comment, Mayor Marty closed the public hearing at 8:18 p.m. 13 14 Councilmember Flaherty stated that the trailway and redevelopment of the corridor has been 15 identified by both the Council and residents through surveys as a major priority. He stated that 16 he has seen residents walking along County Road 10 and he is concerned about safety. He noted 17 his favor for approving the project. 18 19 Councilmember Stigney stated that he believes financing should be from TIF and connection 20 alternatives should be postponed. He stated his concern with the boardwalk, and asked about 21 bridge sections from the golf course. Director Lee stated Staff is looking into the possibility of 22 using the bridge sections. 23 24 Councilmember Stingy noted his concerns about the lighting scheme lights that were put in 25 outside the City Hall did not put out enough light and he would like lighting that puts out more 26 light. Director Lee replied that the medallions from the City Hall lights outside were included 27 but the actual lights on the trailway will be different. He stated better lights will be considered. 28 29 Mayor Marty stated he would like the trailway on all of County Road 10 before connections are 30 considered. He noted the significant cost of the connections. He stated if connections are put in, 31 trailways elsewhere might not get built. He said if property owners want connections and will 32 buy-in to the connections and pay for them, then the City should consider working with the 33 property owners. 34 35 Mayor Marty asked if there will be problems with the boardwalk being built on frozen ground in 36 January. Director Lee stated there would be pylons ensuring it would stay in place. Mayor 37 Marty noted his approval of the project. 38 39 Councilmember Thomas stated she agrees with Councilmember Stigney that whatever portion of 40 the project the City cannot fund through grants should be paid for by TIF. Finance Director Beer 41 stated that in the five-year plan, TIF was proposed to pay for such items 42 43 Mayor Marty stated that the City decided to go with BRAA a number of years ago because of 44 their scope and ability to seek out alternate funding such as grants. He stated that other than the 45 Mounds View City Council August 28, 2006 Regular Meeting Page 11 grants, the trailway would be funded by TIF with no assessments. 1 2 MOTION/SECOND: GUNN/THOMAS. To waive the reading and adopt Resolution 6906 3 Holding a Public Hearing, Approving the Feasibility Report and Ordering the County Road 10 4 Trailway Project for Segments 9 &10, with corrections. 5 6 Ayes – 5 Nays – 0 Motion carried. 7 8 D. Status Report in regard to the Negotiation of a Interim Lease Agreement 9 with Oops Dinner Theatre in the Mounds View Community Center 10 11 Economic Development Coordinator Backman reported that at the July 24th meeting, the Council 12 directed Staff to prepare an interim lease with the Oops Dinner Theater. He stated several areas 13 were discussed such as the revenue model and scheduling consideration. He stated Staff has met 14 with Oops and the YMCA and has discussed the interim lease with the City Attorney. 15 16 Coordinator Backman noted that negotiations are ongoing and that the City has received a quote 17 to remove some walls in the center to create a larger space, which would cost $3,100. He stated 18 removal of the walls would take 1 day and completion of the project would take one week. 19 20 Coordinator Backman stated that the item will be moved to next Tuesday’s work session for 21 further discussion. 22 23 Mayor Marty stated he would like to have the past five years of Oops’ finances to determine the 24 strength of the organization. He stated he would also like an Operator and Maintenance 25 agreement with the Theater to ensure that the Theater pays for their trash and other upkeep 26 expenses. 27 28 E. Resolution 6921 Approving Ballot Language in Regard to Chapter 7 of the 29 Mounds View Charter 30 31 City Administrator Ulrich stated that City Attorney Riggs has prepared three proposed ballot 32 language alternatives for discussion and approval. He stated the third alternative would be a 33 summary of the language, which would hopefully make the language easy to understand. 34 35 City Administrator Ulrich stated how the ballot question would read. 36 37 City Administrator Ulrich stated the City Attorney Riggs has reviewed the mater and the 38 recommendation is to approve question number three. He stated the Charter needs to go to the 39 County by September 15th and Staff recommends Council approval. 40 41 Councilmember Stigney asked if the question will be followed by a “yes, no.” City Administrator 42 Ulrich replied that it would. 43 44 Mayor Marty stated he was concerned with the previous recommendations and believes the 45 Mounds View City Council August 28, 2006 Regular Meeting Page 12 current recommendation is much more clear and concise. He stated that if it looks like the budget 1 will exceed the projected income, that in order for the City to do this without incurring an 2 additional $10,000 for a special election, the City needs to work on the budget earlier in the year 3 to ensure that the a ballot question will be ready for the election and a special election will not be 4 needed. 5 6 Mayor Marty stated he does not anticipate the problem arising in the near future, but possibly 10-7 15 years down the road, the cap on spending could be an issue. He stated his second concern is if 8 inflation increases significantly and if the inflation is up to or great than 10%, and if the City is 9 capped at 5% or the rate of inflation +2%, the city could be in a quandary. 10 11 William Werner, 2765 Sherwood Road, stated Mayor Marty’s concerns could be discussed ahead 12 of time. He stated the Council needs to be frugal if inflation rises. 13 14 Councilmember Thomas stated that if the Council does what it needs to do, the numbers would 15 be in place in time for the City to react properly. She stated that if the inflation rate rises, the 16 City should consider cutting the budget before calling a special election. She stated that the City 17 would need some serious discussions if there is large inflation and that is the point of the Charter 18 language. 19 20 Mr. Werner stated he is disturbed that funds can be used to reduce the budget deficit. He stated 21 such action should take place after the City meets the goal of the low percentage. He stated work 22 needs to be done to ensure that the inflation rate and potential shortfalls should be considered in 23 the initial budget, rather than using the general fund instead 24 25 Mayor Marty stated he would like the levy limit at 0% as long as possible. He stated that he 26 would like to guard the levy reduction fund to make it last as long as possible without having to 27 use it. He stated he would only like to use the levy reduction fund if it is absolutely necessary. 28 29 Mr. Werner stated that the Council should insist that the budget meets the criteria of 5% of 30 inflation +2% initially. Councilmember Flaherty responded that that is exactly what the Council 31 would like to do and is committed to such a plan. He stated the only item the City would use the 32 levy reduction fund if absolutely necessary. Councilmember Flaherty started that the budget is 33 prepared with that in place. 34 35 Councilmember Stigney asked which CPI would be used and asked if it should be identified or 36 footnoted. He also asked for clarification regarding the language “set limits, with any increases” 37 and stated he would like it to be singular, reading “increase.” Councilmember Thomas stated 38 there are several funding sources and there are multiple issues. Councilmember Stigney clarified 39 that there is only one increase – 5% or the CPI + 2%. City Attorney Riggs stated that the word 40 increase is acceptable. 41 42 City Attorney Riggs responded that it is incumbent for people to look at the published change of 43 the Charter. He noted the CPI is set out in the first chapter of the Charter. He stated the 44 proposed question is the best summation of the changes and that he is recommending approval. 45 Mounds View City Council August 28, 2006 Regular Meeting Page 13 1 Councilmember Thomas stated that the language needs to be a summary and easily understood 2 by the general public. 3 4 Mayor Marty asked why the change would not go into affect until March 2007. Mr. Thomas 5 stated that after discussing the issue with Finance Director Beer, it was determined that March 6 would be the best time for it to be implemented so the budget would not be completely affected. 7 He stated it will take affect before the next budget cycle, but after the current budget cycle is 8 completed. 9 10 MOTION/SECOND: STIGNEY/GUNN. To waive the reading and adopt Resolution 6921 11 Approving Ballot Language in Regard to Chapter 7 of the Mounds View Charter. 12 13 Ayes – 5 Nays – 0 Motion carried. 14 15 F. Resolution 6922 Approving the 2006-2007 AFSCME Union Contract 16 17 City Administrator Ulrich stated that the item is presented for approval approving labor 18 agreement with AFSCME union, which represents a number of employees at the City. 19 20 City Administrator Ulrich stated the principal items are wages and insurance. He noted wages 21 and insurance coverage are proposed to be the same as the other non-union employee groups. He 22 stated that the different item is Number 11, the Wage Re-opener. 23 24 City Administrator Ulrich stated Staff is recommending approval of the Contract as outlined in 25 the Resolution. 26 27 Councilmember Flaherty said the HR Committee worked on the contract and stated that the 28 objective was to bring all contracts in line with each other. He stated it is an excellent contract 29 and the only thing was the wage re-opener, which states that wages can be adjusted in accordance 30 with wage equity laws. 31 32 MOTION/SECOND: FLAHERTY/THOMAS. To waive the reading and adopt Resolution 6922 33 Approving the 2006-2007 AFSCME Union Contract. 34 35 Mayor Marty thanked the HR Committee, Mr. Ulrich, Ms. Crane, the Union Representatives and 36 Union for working out the contract. 37 38 Ayes – 5 Nays – 0 Motion carried. 39 40 G. Resolution 6923 Step Increase for Heidi Heller, Mounds View Planning 41 Associate and Peter Berling, Mounds View Police Officer. 42 43 City Administrator Ulrich read the resolution. 44 45 Mounds View City Council August 28, 2006 Regular Meeting Page 14 MOTION/SECOND: THOMAS/STIGNEY. To adopt Resolution 6923 Step Increase for Heidi 1 Heller, Mounds View Planning Associate and Peter Berling, Mounds View Police Officer. 2 3 Ayes – 5 Nays – 0 Motion carried. 4 5 H. Appeal of charges associated with Summary Abatement at 5300-02 Raymond 6 Avenue. 7 8 Housing/Code Enforcement Inspector Anderson stated that on June 14, Staff received 9 information about a large amount of garbage and debris on the boulevard of 5300-02 Raymond 10 Avenue. He stated that the information was received and no action was immediately taken, as 11 Thursday is the regularly scheduled garbage pickup day. 12 13 Housing/Code Enforcement Inspector Anderson stated that on Friday, June 16, 2006 staff 14 received a second report indicating that the garbage pile remained on the property and had grown 15 larger. He stated Staff responded to investigate on June 16th and found the garbage was in the 16 nature of rotting food and household garbage. He stated that due to the immediate health hazard, 17 Staff ordered a summary abatement to remove the garbage. 18 19 Housing/Code Enforcement Inspector Anderson stated that Staff billed the property owner, who 20 is here appealing the chares. 21 22 Mr. Anthony Osuji, 5300 Raymond Avenue, stated that he was not aware of the violation. He 23 stated the City did not notify him of the violation nor did they give him any time to remove the 24 garbage. Mr. Osuji asked the Council to reconsider the charges. 25 26 Councilmember Flaherty asked if the resident knew anything about the garbage. Mr. Osuji stated 27 the resident denied knowing about the problem and that other people were putting their garbage 28 in front of the property. Councilmember Flaherty asked if the resident contacted the City about 29 the garbage. Mr. Osuji stated that he was not contacted. Councilmember Flaherty asked if the 30 resident was Mr. Osuji’s renter. Mr. Osuji stated she was formerly a tenant but is no longer. 31 32 Councilmember Thomas stated that he should try to recoup the charges from the renter and asked 33 what the City’s position is regarding notification about such conditions. She asked if it’s the 34 property owner or tenant’s responsibility to take care of the property She asked if the City 35 attempted to contact the tenant or owner and asked who was the responsible party to receive 36 notice. 37 38 Housing/Code Enforcement Inspector Jeremiah Anderson replied that when Staff arrived on-site, 39 there was no answer at the property. He stated that at that point, the tenant may have vacated the 40 unit and Staff only knocked on the door. He said they did not attempt to make any further 41 contact. 42 43 Housing/Code Enforcement Inspector Anderson stated that because the large accumulation and 44 nature of the trash as food, which was attracting flies and other insects, that Staff determined the 45 Mounds View City Council August 28, 2006 Regular Meeting Page 15 risk to the public was too great to wait to contact the owner. 1 2 Councilmember Thomas stated that Staff should have made an attempt to contact the owner of 3 the property rather than just knocking on the door. Mayor Marty asked if there was any record of 4 contact for the homeowner. 5 6 Housing/Code Enforcement Inspector Anderson stated that there is no record of occupants in the 7 home, but there is a license for duplex rentals that has the owner’s phone number and contact 8 information. He stated that the phone number was called before the public works department 9 removed the garbage. He stated there was no answer and he could not recall if a message was 10 left. 11 12 Mr. Osuji stated that there was no call or message. He stated that Housing/Code Enforcement 13 Housing/Code Enforcement Inspector Anderson indicated that he did not call Mr. Osuji. Mr. 14 Osuji stated if he was notified he would have taken care of the garbage. He stated he has a 15 phone that he answers 24-hours and that the City should have his number on file. 16 17 Councilmember Gunn asked if an inspection was done after the tenant moved out. Mr. Osuji 18 explained that he was told the garbage was left by other parties, not by his tenant. 19 20 Councilmember Flaherty stated he found it difficult to believe that someone else dumped such a 21 large amount of trash on his lawn. He asked if Mr. Osuji inspected the home and if the tenant got 22 her deposit back. Mr. Osuji stated he inspected the property before the garbage was left and that 23 he sent the deposit back to the tenant. Councilmember Flaherty asked if the garbage was on the 24 property when he finished his inspection. Mr. Osuji stated the garbage was not there when he 25 inspected the property. 26 27 Councilmember Flaherty asked if it is possible to recoup the charges from the tenant. Mr. Osuji 28 stated he cannot recoup any of the cost from his tenant, who insists she was not responsible for 29 the garbage. 30 31 Councilmember Flaherty asked Mr. Osuji if he believed half of the charge would be fair. Mr. 32 Osuji replied that he believed half would be fair. 33 34 Director Ericson stated that the garbage needed to be addressed immediately and Mr. Anderson 35 worked within the code to make sure the problem was addressed. He stated Mr. Anderson was 36 not required to make contact with the property owner due to the nature of the offense. 37 38 Councilmember Thomas stated that an hour is an acceptable period of time to ensure that an 39 attempt to contact the property owner was made. She stated that the City should have made all 40 attempts. She stated she believed Mr. Osuji was victimized by an abusive tenant. 41 42 Councilmember Gunn stated she sees this as a problem as having outside-the-community 43 property owners. She stated she believes it was Mr. Osuji’s responsibility to keep track of the 44 property and the tenant, especially before any deposit was returned. 45 Mounds View City Council August 28, 2006 Regular Meeting Page 16 1 Councilmember Gunn noted that there are other properties in the City that have the same 2 problems. She stated she believes the charges are dropped, but not by half, and that Mr. Osuji’s 3 responsibility is to recoup some of the costs from his tenant. 4 5 Councilmember Stigney stated that if a property is leased, it is the property owner’s 6 responsibility to maintain his property. He stated that Mr. Osuji is responsible regardless of the 7 tenant and it was the City’s right to correct the problem and bill the property owner. 8 9 Mayor Marty stated the invoice was the City’s cost to clean up the garbage. He stated he 10 believes Mr. Osuji’s tenant is not being honest, but the City had to incur the cost to clean up the 11 garbage and if the cost is reduced, the City will have to absorb the cost. Mayor Marty stated he 12 believes Mr. Osuji’s tenant should reimburse the costs. 13 14 MOTION/SECOND: STIGNEY/GUNN. To waive the reading and adopt Resolution 6929, 15 affirming charges associated with abatement of violations at 5300-02 Raymond Avenue Mounds. 16 17 Councilmember Flaherty stated that he believes the tenant is costing Mr. Osuji money. He stated 18 that the City could have done better trying to contact him and that he would be in favor of 19 reducing the charges. 20 21 Mr. Osuji stated he returned his tenant’s deposit within the 21 days as required by law and that he 22 was not aware of the garbage within the time period. 23 24 Mayor Marty stated that the City needed to deal with the problem and Mr. Osuji should take up 25 the issue with his former tenant. 26 27 Ayes – 4 Nays – 1 (Flaherty) Motion carried. 28 29 Councilmember Thomas suggested the Council discuss the notification procedures for such 30 abatements. 31 32 I. Resolution 6919 Authorizing an Abatement of Junk and Debris outside of 33 2318 Knoll Drive. 34 35 Housing/Code Enforcement Inspector Anderson stated on May 22, 2006 Staff inspected the 36 property in response to allegations of exterior storage in violation of city code. He stated Staff 37 spoke to the property owner on May 22, 2006, explained the City ordinance and requirements, 38 and issued a notice of violation to Mr. Wies citing Section 607.03 Subdivision 3c of the City 39 Code, which required that corrective actions were completed by June 22, 2006. 40 41 Housing/Code Enforcement Inspector Anderson stated staff did perform follow-up inspections 42 and did not notice any change in the property. He stated that there were substantial violations in 43 2003 and 2004 at the property. He stated that approval by the Council will provide Staff 10 days 44 for the action. 45 Mounds View City Council August 28, 2006 Regular Meeting Page 17 1 Housing/Code Enforcement Inspector Anderson stated he spoke with Mr. Wies and Mr. Wies is 2 taking significant action to conform to code. 3 4 Councilmember Thomas asked why such debris is collecting there. Housing/Code Enforcement 5 Inspector Anderson replied that Mr. Wies collects scrap metal to supplement his income and 6 does do some repair work for which he uses some of the debris. Councilmember Thomas asked 7 if Mr. Wies is aware that exterior storage is never allowable in the City. 8 9 Housing/Code Enforcement Inspector Anderson stated that Mr. Wies has been moving some of 10 his items to a separate storage facility. 11 12 Councilmember Gunn asked about the tanks and barrels that are shown in the photos. 13 Housing/Code Enforcement Inspector Anderson replied that there are welding materials and 14 other such materials. He stated that the abatement has noted the barrels and containers. 15 16 Councilmember Gunn asked if there are hazardous materials in the barrels. Housing/Code 17 Enforcement Inspector Anderson stated he does not know for sure. 18 19 Mayor Marty noted that the tent canopies are in violation of City code also, which were not listed 20 in the abatement. He also asked why the property was not given a citation. 21 22 Housing/Code Enforcement Inspector Anderson stated that Mr. Wies has been cited for the tent 23 and temporary structure. He stated Staff wanted to focus on the most egregious of the offenses. 24 He stated that there is an open dialogue between the City and Mr. Wies and court citations are 25 not the best option at this point. 26 27 Housing/Code Enforcement Inspector Anderson stated that the Resolution would provide Mr. 28 Wies with a 10-day period to address the problem. 29 30 MOTION/SECOND: THOMAS/MARTY. To waive the reading and adopt Resolution 6919 31 Authorizing an Abatement of Junk and Debris outside of 2318 Knoll Drive. 32 33 Councilmember Flaherty asked if Mr. Wies is aware that if the City has to go through abatement 34 that he will receive the bill. Housing/Code Enforcement Inspector Anderson stated Mr. Wies is 35 aware of such action. 36 37 Mayor Marty asked if Mr. Wies would be informed if such action will be taken. Housing/Code 38 Enforcement Inspector Anderson stated upon approval, Staff will contact Mr. Wies to inform 39 him of the 10-day period. 40 41 Ayes – 5 Nays – 0 Motion carried. 42 43 J. Resolution 6924 Approving the Final Plat for the Subdivision of 8360 Long 44 Lake Road. 45 Mounds View City Council August 28, 2006 Regular Meeting Page 18 1 Planning Associate Heller explained that the property owner has an agreement with the applicant, 2 which will divide the property into three half-acre lots. She noted that the lots meet and exceed 3 the minimum lot sizes in the City and that the current home on the lot will be demolished. 4 5 Planning Associate Heller explained that there would be a large buffer area. She stated that the 6 final plat has not changed from the preliminary plat that was approved. She stated that all 7 easements have been dedicated. She noted that the development is consistent to the 8 comprehensive plan. She noted the local water management plan has been satisfied, park 9 dedication requirements would be met and all utilities are already accessible from the street. 10 11 Planning Associate Heller stated that other than a call at the beginning of the project, there have 12 been no objections to the project. She added that the Planning Commission and Council had 13 both unanimously approved the project in the preliminary stage. 14 15 MOTION/SECOND: STIGNEY/THOMAS. To waive the reading and adopt Resolution 6924 16 Approving the Final Plat for the Subdivision of 8360 Long Lake Road. 17 18 Councilmember Thomas noted that she was satisfied with the tree preservation on the site. 19 20 Mayor Marty agreed and noted that the sixth “now therefore be it resolved” on the resolution 21 gives him satisfaction that the City has covered all potential problems. 22 23 Ayes – 5 Nays – 0 Motion carried. 24 25 K. Resolution 6927 Approving Authorization to Purchase Cable Equipment. 26 27 Communications Coordinator Blackford stated that she added the tax to the total, which brings it 28 to $25,209. She stated she did look into a different television set, which dropped the price by 29 several hundred dollars. She stated that even though the screen size is the same, the television 30 itself is too big for the original site and if it was hung, it would cost an additional $200. She 31 noted that the standard television would be cheaper, but the added cost would be to meet code 32 and hang it. 33 34 Communications Coordinator Blackford addressed the question regarding the “glitch” between 35 the split-screens. She stated that the time base corrector is needed so there is no jump when 36 switching from one camera to the next. 37 38 Communications Coordinator Blackford stated some of the items are needed because the City is 39 borrowing some items from CTV that must be returned. She stated she did request a quote from 40 EDA Audio, but they will not bid because they could not complete the project. She stated she 41 still only has one installation bid price from Alpha Video. She suggested Alpha Video because 42 they have the cheapest equipment price and has all of the materials that are being requested. 43 44 Communications Coordinator Blackford stated the cost of the equipment, along with cables, 45 Mounds View City Council August 28, 2006 Regular Meeting Page 19 programming, and installation is approximately $25,209. She stated it is recommended that 1 $5,940.57 is derived from the City Hall Rehabilitation Project, $12,260.28 is derived from the 2 2006 Cable Equipment account, $1788.89 is derived from the Cable Supplies/Equipment account 3 and the remaining $5,219.26 is derived from the Cable TV balance. She stated Staff is 4 requesting that the 2006 Cable Equipment account be increased by $6,000 to cover the cost of the 5 remaining expense. 6 7 Councilmember Thomas asked if a standard television in a smaller size could fit in the original 8 place discussed. Communications Coordinator Blackford replied that a 27 inch television would 9 not fit. 10 11 Councilmember Flaherty asked if the City could run an extension cord through the dropped 12 ceiling. Kimberly Backford stated it could not be run from the ceiling due to fire code issues. 13 14 Councilmember Flaherty asked the cost of running a cord from the wall. Communications 15 Coordinator Blackford replied that installation would cost $200 and part of the request. 16 17 Councilmember Gunn stated that it will be difficult to watch if it is hung and not in the original 18 place. Mayor Marty stated that overflow groups could watch the meeting and listen to the 19 monitor. Councilmember Gunn stated that there have been complaints about people not being 20 able to hear or see. She stated that she supports a flat-screen monitor in the original placement 21 rather than the regular television hung in the corner. 22 23 Mayor Marty stated that from what he recalled, the flat screen was $1300 and the regular TV is 24 under $500 with the $200 added for installation, which is a large savings. Communications 25 Coordinator Blackford stated that the next smaller size flat-screen was 20-inches. 26 27 Councilmember Stigney stated there are 27-inch flat screen televisions available. Finance 28 Director Beer stated the City could probably find a flat-screen TV under $1000. He suggested 29 the Council remove the television from the price quote and find a flat-screen TV under $1000. 30 31 Mayor Marty stated he believes the items should come out of the cable funding and not the City 32 Rehabilitation Project funding, with the exception of the presentation table. Councilmember 33 Thomas agreed. Mayor Marty also asked about purchasing a smaller television. 34 35 Mayor Marty asked about the rebroadcasts of the meetings. He stated that the video quality was 36 very poor and asked if any of the new equipment will fix the quality. Communications 37 Coordinator Blackford stated there is a problem with the focus of one of the video cameras. 38 39 Mayor Marty stated that overall the quality was not good. Communications Coordinator 40 Blackford asked if he had noticed a drop in the quality. Mayor Marty replied that the quality is 41 the same, but that the quality for New Brighton’s meetings was much improved. 42 Communications Coordinator Blackford stated her guess is that the cameras were higher quality. 43 44 Councilmember Gunn asked if the presentation table and television would be removed from the 45 Mounds View City Council August 28, 2006 Regular Meeting Page 20 proposal and discussed further in a work session. Mayor Marty suggested the presentation table 1 be included in the City Hall rehabilitation project and not be removed from the resolution. 2 3 Councilmember Stigney asked about the podium that is included and that he would like a better 4 description about where the podium is coming from and what it is. He suggested that City 5 residents be allowed to bid for such items. He asked where the power will come from for the 6 power outlet in the new podium. 7 8 Communications Coordinator Blackford replied a cord would be run to the existing outlet. He 9 also mentioned that there is sales tax on labor included in the bid and he does not believe labor 10 should be taxed. Finance Director Beer stated that some labor is taxed. 11 12 Councilmember Stigney asked Communications Coordinator Blackford to look into the item. 13 14 Councilmember Stigney also asked about the audio amplifier to drive two speakers. He 15 questioned the need for a 100-watt amplifier. He also asked about $8,411 expense for 16 installation. 17 18 Communications Coordinator Blackford stated that she originally requested two controllers so 19 either person, at the presentation table or in the back, could have control over the video cameras. 20 21 Councilmember Thomas noted that there is still a quote in the proposal for the installation of the 22 presentation table. 23 24 Councilmember Stigney stated there are several places where expenses could be cut and that he 25 does not support the resolution. He also noted his support for Alpha Video, but added that the 26 installation and labor is excessive. 27 28 Councilmember Stigney stated he thinks that all of the expenses should come out of the cable 29 fund. He asked about the projection for future expenditures. Communications Coordinator 30 Blackford replied that she had originally planned to request the non-linear editing system, but 31 that request will not be made in 2007. 32 33 Councilmember Stigney stated he believes half of the expenses could be cut. 34 35 Councilmember Thomas stated that Alpha is the only place that can install everything the City 36 needs at once. She stated the City is in a bind because they need to have this equipment installed. 37 She stated she is troubled by the installation costs, particularly of the podium. 38 39 Councilmember Gunn suggested discussing the issue at the work session. 40 41 MOTION/SECOND: FLAHERTY/GUNN. To waive the reading and adopt Resolution 6927 42 Approving Authorization to Purchase Cable Equipment, removing cables and materials for the 43 installation of the presentation table for $984, cables and materials for installation of the hallway 44 television for $134, installation and labor for the presentation table for $1023, installation and 45 Mounds View City Council August 28, 2006 Regular Meeting Page 21 labor for the television in hallway for $293, presentation table with podium and mic for $2303, 1 the 32” JVC television for $495, the Jumbo Ceiling TV Mount for $146, the estimated cost to 2 pay the electrician to rewire the power supply for $200, adjusting the sales tax accordingly, and 3 that all items come out of the Cable funds. 4 5 Councilmember Stigney suggested amending the motion to remove the Stuart amplifiers and 6 investigate a cheaper alternative with less Amps. 7 8 Councilmember Thomas asked Blackford to ask for another bid. 9 10 Councilmember Stigney asked about the $5,353 labor expense for installing the remote access 11 Creston table. Communications Coordinator Blackford stated that in the future another controller 12 could be added so there are controllers in the Council chambers as well as in the back. She stated 13 that the City could grow with the single controller. 14 15 Councilmember Flaherty stated that City business is conducted in the Chambers. He stated the 16 Cable Crew’s job is to zoom in on things, not the City Staff’s job. 17 18 Ayes – 4 Nays – 1 (Stigney) Motion carried. 19 20 L. Resolution 6930 Authorizing the Preliminary Design of Landscape 21 Architecture Elements for the County Road 10 Trailway Corridor 22 23 Director Lee stated that earlier this evening, the Council approved the trailway project. He stated 24 Staff, along with Consultants, suggests doing this along the entire corridor. He stated Staff 25 would like consistency along the corridor regarding landscaping. He stated the recommendation 26 is to go forward with this part of the trailway program. 27 28 Director Lee stated the cost is $15,000 to perform the preliminary landscape design. He 29 explained $3500 would be attributed to the trailway segments nine and 10, and $5,500 for 30 segments one through five. He stated the remaining preliminary landscaping design work for 31 segments six through eight and segment 11 would be credited back at the time those projects are 32 under design. 33 34 Director Lee stated if the City approves this, the next steps are listed in the Staff report. He noted 35 that on September 20, the Design Theme Subcommittee will meet for the second time, on 36 October 2, the committee will meet again, and on October 9, the Council will have the 37 preliminary design for approval. 38 39 MOTION/SECOND: GUNN/THOMAS. To waive the reading and adopt Resolution 6930 40 Authorizing the Preliminary Design of Landscape Architecture Elements for the County Road 10 41 Trailway Corridor, as amended. 42 43 Councilmember Thomas stated that there need to be snow removal discussions as well. 44 45 Mounds View City Council August 28, 2006 Regular Meeting Page 22 Finance Director Beer stated that presently, it is budgeted for the EDA fund and that he suggests 1 using TIF from district one for funding. Councilmember Flaherty suggested the resolution be 2 amended as such. 3 4 Mayor Marty asked about whom the subcommittee is made up of. Director Lee noted who was 5 on the committee. Mayor Marty asked to add Rick Wriskey as a prime consultant. 6 7 Ayes – 5 Nays – 0 Motion carried. 8 9 M. Resolution 6931 Approving Change Order No. 35 for the City Hall 10 Rehabilitation Project 11 12 Director Lee noted that Change Order #5 was presented on June 26, and at that time the 13 estimated cost was $17,612, and the total now has gone down to $11,331. 14 15 Councilmember Stigney asked what the final estimate is for the City Hall. Lee stated that this 16 was included in the report and the actual cost of the change orders went down from what was 17 approved on June 26th, but the total went up because of the approval of the furniture at the last 18 meeting. 19 20 Director Lee stated the total for the rehab project was $1,543,194. 21 22 Councilmember Flaherty asked if this is the last change order. Director Lee stated there are four 23 items left. 24 25 Councilmember Stigney asked if the automated door opener is included. Director Lee responded 26 that it was included in the estimate. 27 28 MOTION/SECOND: THOMAS/FLAHERTY. To waive the reading and adopt Resolution 6931 29 Approving Change Order No. 35 for the City Hall Rehabilitation Project. 30 31 Mayor Marty asked about the addition of building address. He asked what happened to the old 32 address. Councilmember Thomas and Councilmember Gunn stated there were not numbers on 33 the hall previously. City Administrator Ulrich stated there were letters before the atrium was 34 added, but they have been gone for a while. 35 36 Mayor Marty asked about fixing the wall in the interview room. Director Lee stated the expense 37 was for fixing the wall and adding carpet in the interview room at the police department. 38 Councilmember Flaherty clarified that it was to cut the echo out of the room during interviews. 39 40 Councilmember Stigney asked about ASI57 and if there is currently lettering. Director Lee 41 stated it is inside the building. Councilmember Stigney asked if none of the cost is for the outside 42 lettering. Director Lee stated the City is still working with the consultant on that and the City 43 will not be paying for the letters outside. 44 45 Mounds View City Council August 28, 2006 Regular Meeting Page 23 Ayes – 5 Nays – 0 Motion carried. 1 2 CONTINUATION OF MEETING 10:00 p.m. 3 4 MOTION/SECOND: GUNN/FLAHERTY. To continue the meeting until 10:30 p.m. 5 6 Ayes - -- 5 Nays - -- 0 Motion carried. 7 8 8. CONSENT AGENDA 9 10 Mayor Marty asked to remove Item B. 11 12 A. Licenses for Approval 13 B. Resolution 6926 Establishing a No Parking Zone on Spring Lake Road 14 C. Resolution 6920 Approving a Contract Award for the Repair Drainage Area 15 Within Lambert Park 16 17 MOTION/SECOND: THOMAS/GUNN. To Approve the Consent Agenda as amended. 18 19 Ayes – 5 Nays – 0 Motion carried. 20 21 B. Resolution 6926 Establishing a No Parking Zone on Spring Lake Road 22 23 Mayor Marty stated that the Staff report said the east side of the road was being damaged and the 24 resolution states that the west side of the road will not allow parking. Director Lee stated that the 25 west side was being damaged and the resolution is correct. 26 27 MOTION/SECOND: MARTY/STIGNEY. To waive the reading and adopt Resolution 6926 28 Establishing a No Parking Zone on Spring Lake Road. 29 30 Ayes – 5 Nays – 0 Motion carried. 31 32 9. JUST AND CORRECT CLAIMS 33 34 Councilmember Flaherty asked about the check to Hawkins, Inc for $2691 for chemicals. 35 Director Lee stated it is for mainly Chlorine, but also includes other chemicals for water 36 treatment coming out of the water treatment fund. 37 38 Councilmember Thomas asked about the payment to the Met Council and if it was for the whole 39 year. Finance Director Beer replied that it was for one month and added the payment would drop 40 another $188 a month. 41 42 MOTION/SECOND: FLAHERTY/GUNN. To approve the Just and Correct Claims as 43 presented. 44 45 Mounds View City Council August 28, 2006 Regular Meeting Page 24 Ayes – 5 Nays – 0 Motion carried. 1 2 10. APPROVAL OF MINUTES 3 4 A. August 14, 2006 Executive Session Meeting Minutes 5 6 MOTION/SECOND: THOMAS/STIGNEY. To Approve the August 14, 2006 City Council 7 meeting minutes as corrected. 8 9 Ayes – 5 Nays – 0 Motion carried. 10 11 11. REPORTS 12 13 A. Reports of Mayor and Council 14 15 Councilmember Flaherty asked the status of the street program. Director Lee replied that a 16 notice was sent out to residents in the project area explaining the next steps. He stated that the 17 consultant is currently putting together a feasibility report for the 2007-2008 construction 18 projects. He stated the feasibility report would be presented in October and discussed in 19 November. He stated it is scheduled for a public hearing on December 11th. 20 21 Councilmember Flaherty stated he would like residents to know that the issue is front and center 22 on the Council’s agenda. 23 24 Councilmember Gunn reported that the Festival in the Park was held on a beautiful day and many 25 residents attended. She thanked Teresa Sermack, Kathy Schwalbe, and Diane Warren, who were 26 the only three people who helped her run the festival. She thanked Saturn of Mounds View for 27 sponsoring the band for the evening, Medtronic for sponsoring the fireworks, Public Works for 28 their support, and Bethlehem Baptist for games and a donation. She also thanked the Church 29 Upon the Rock and the Irondale Danceline for games, the Fire department for bringing the safety 30 house, US Army for the rock wall, Irondale Marching Band for leading the parade and Jackie 31 Entsminger for being the grand marshal. She also thanked the Police Department for keeping 32 things in line and ensuring safety. 33 34 Councilmember Gunn stated the City needs volunteers for several committees for the Festival 35 and asked citizens to step forward. 36 37 Councilmember Flaherty stated he would like the item addressed during a work session regarding 38 what the City can do to further support the Festival in the Park. 39 40 B. Reports of Staff 41 42 City Administrator Ulrich mentioned that the Mounds View Matters should have been delivered 43 last Friday and Saturday. He asked that citizens let the City know if they have received their 44 paper. 45 Mounds View City Council August 28, 2006 Regular Meeting Page 25 1 1. Community Development Quarterly Report 2 3 Director Ericson reported that it has been a busy quarter for the City. He noted the Medtronic 4 project and stated it is a dominating feature in Mounds View. 5 6 Director Ericson noted that in terms of expenditures, the department is currently at 52%, which is 7 less than what would be expected at this point some of which can be explained by personnel 8 vacancies. 9 10 Director Ericson stated the department has almost expended the materials and supplies budget. 11 He explained that a couple of items that were purchased were the moisture meter and infrared 12 thermometer. He noted the tools are used on a daily basis. 13 14 Director Ericson stated some planning activity has already exceeded the anticipated revenues 15 since the city has been quite busy with planning cases. He stated in addition to the planning 16 cases, there have been many code amendments as well. Keeping staff and the Planning 17 Commission busy. 18 19 Director Ericson noted a new full-time temporary building inspector was hired during this period. 20 21 Director Ericson also noted that there are several projects underway, including a six-unit 22 subdivision on Woodale and the Dave Regal project in Hidden Hollow - a handicapped-23 accessible home. He explained the City is still waiting for a preliminary site plan for Integra 24 Homes on County Road 10, and that the Red Oak Estates townhome project has begun. 25 26 Director Ericson noted the Medtronic commercial and industrial project and that the total permit 27 value of the work is up to $142,994,000. He noted that the final assessed value of the project 28 could very well exceed the original estimations. He stated the City has received $1.5 million 29 already in permit fees and the City has retained $800,000 so far. 30 31 Director Ericson also noted Mounds View Square and the project to renovate the facility. He 32 stated the renovation will be done as soon as possible. He added that there will be a grocery store 33 planned for the complex and that it is a very encouraging project. 34 35 Director Ericson also noted that up for discussion are plans for the Premium Stop property. 36 37 Director Ericson stated that in conclusion, revenues are up, expenditures are down, and it is an 38 exciting time for the City of Mounds View. 39 40 Councilmember Stigney asked about the second unenclosed dumpster at Snyder’s. Director 41 Ericson stated it has been removed. 42 43 Councilmember Flaherty asked if the complex across the street from Mounds View Square will 44 take note of redesign and follow with their own redesign. Director Ericson stated he hopes so. 45 Mounds View City Council August 28, 2006 Regular Meeting Page 26 1 CONTINUATION OF MEETING 10:30 P.M. 2 3 MOTION/SECOND: THOMAS/MARTY. To continue the meeting until 10:40 p.m. 4 5 Ayes – 5 Nays – 0 Motion carried. 6 7 C. Reports of City Attorney 8 9 City Attorney Riggs stated that the final version of the lease for Sign #7 at the SYSCO site is 10 ready. He stated he is looking for a motion to authorize the Mayor and City Administrator to 11 execute. 12 13 MOTION/SECOND: MARTY/THOMAS. To authorize the Mayor and City Administrator to 14 execute the final version of the lease for Sign Number Seven at the SYSCO site. 15 16 Ayes – 5 Nays – 0 Motion carried. 17 18 12. Next Council Work Session: Tuesday, September 5, 2006, at 7 p.m. 19 Next Council Meeting: Monday, September 11, 2006, at 7 p.m. 20 21 13. ADJOURNMENT 22 23 The meeting was adjourned at 10:44 p.m. 24 25 Transcribed by: 26 27 Lauren McKay 28 TimeSaver Off Site Secretarial, Inc. 29