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HomeMy WebLinkAboutAgenda Packets - 2006/10/23 (2)CITY OF MOUNDS VIEW CITY COUNCIL MEETING AGENDA MOUNDS VIEW CITY HALL Monday, October 23, 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 A. Request for Proclamation for Toastmasters International 7. COUNCIL BUSINESS A. 7:05 pm Public Hearing, First Reading and Introduction of Ordinance 780, an Ordinance Approving Modifications to the Official City Wetland Zoning District Maps B. 7:10pm Public Hearing, First Reading and Introduction of Ordinance 782, an Ordinance Amending Section 7.10 of the Mounds View City Charter Referring to City Indebtedness. (This Public Hearing will be postponed until the December 11, 2006 City Council Meeting) C. Non-Renewal of Multiple Dwelling Rental License at 5701 Quincy Street D. Resolution 6950, Approving a Step Increase for Kimberly Blackford, Mounds View Communications Coordinator and Sergeant Bob Nelson, Mounds View Police Department. E. Executive Session Immediately Following this City Council Meeting to Discuss Union Negotiations. 8. CONSENT AGENDA A. License for Approval B. Resolution 6952 Approving a Sanitary Sewer Refund for the Property Located at 2841 County Highway 10 C. Resolution 6953 Awarding a Contract for the Installation of a Handicapped Door Opening System at City Hall D. Authorization to Grant Utility Easement to Xcel Energy on City Land Adjacent to 2203 Lois Drive. 9. JUST AND CORRECT CLAIMS 10. APPROVAL OF MINUTES A. September 25, 2006 City Council Minutes 11. REPORTS A. Reports of Mayor and Council B. Reports of Staff 1. Random Park Building Electrical Change C. Reports of City Attorney 12. Next Council Work Session: Monday, November 6, 2006 at 7pm Next Council Meeting: Monday, November 13, 2006 at 7pm Item No: 07B Meeting Date: October 23, 2006 Type of Business: Public Hearing 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: First Reading of Ordinance 782, an Ordinance Amending Section 7.10 of the Mounds View City Charter Referring to City Indebtedness This Public Hearing will be postponed until the December 11, 2006 City Council Meeting The City Attorney would like to further review the proposed language set by the Charter Commission in regard to Section 7.10 of the Mounds View City Charter. The Charter Commission and the City Attorney will be working together to draft language that would further clarify this section of the Charter. Staff is recommending that the City postpone this public hearing until December 11, 2006. Recommendation: Open the public hearing to announce that this hearing will be postponed until the December 11, 2006, City Council Meeting. Staff will be re-publishing this Public Hearing in the Bulletin Newspaper. Respectfully submitted, Desaree Crane Item No: 07D Meeting Date: October 23, 2006 Type of Business: CB City Administrator Review: _____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Assistant to the City Administrator Item Title/Subject: Resolution 6950 Approving a Step Increases for Communications Coordinator Kimberly Blackford and Sergeant Bob Nelson Background: Communications Coordinator Kimberly Blackford and Sergeant Bob Nelson are current employees with the City of Mounds View. Their supervisor has reviewed their performances as it relates to their responsibilities outlined in the job description. Discussion: It was determined that Kimberly Blackford and Sergeant Nelson have more than satisfactorily performed in the capacity of their position, and therefore, a step increase wage adjustment is consistent with the Personnel Manual and Labor Agreements. Respectfully Submitted, Desaree Crane RESOLUTION 6950 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING STEP/LONGEVITY ADJUSTMENTS WHEREAS, the following below are regular full-time employees who are currently working for the City of Mounds View; and WHEREAS, their supervisor reviewed their performance as it relates to the responsibilities outlined in the job description; and WHEREAS, their supervisor determined that the following employees below have more than satisfactorily performed in the capacity of their position documented in their performance review on file. WHEREAS, a step increase wage adjustment is consistent with the Mounds View Personnel Manual and Labor Agreements. NOW, THEREFORE BE IT RESOLVED that the Mounds View City Council does hereby approve a wage adjustment to the following indicated in the chart below. NAME CURRENT POSITION DATE OF EMPLOYMENT/CURRENT POSITION CURRENT STEP & WAGE STEP & WAGE ADJUSTMENT EFFECTIVE DATE OF ADJUSTMENT Kimberly Blackford Communications Coordinator April 17, 2006 Step 1: 18.31/hr Step 2: 19.46/hr October 17, 2006 Sergeant Bob Nelson Police Sergeant May 1, 2005 Step 4: $32.89/hr Step 5: $34.62/hr November 1, 2005 Adopted this 23rd day of October, 2006. __________________________________ Rob Marty, Mayor ATTEST: __________________________________ Kurt Ulrich, City Administrator (seal) Item No: 08A Meeting Date: October 23, 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 REVISED AS OF OCTOBER 23, 2006 AT 3:30PM 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. Lakeview Construction, Inc. General (Commercial) New Master Gas Fitters HVAC Renewal R & M Concrete Works Cement/Masonry New Staff Recommendation: Approve license applications as requested. Item No. 8B Meeting Date: October 23, 2006 Type of Business: CA WK: Work Session; PH: Public Hearing; CA: Consent Agenda; CB: Council Business City Administrator Review _______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Greg Lee, Director of Public Works Item Title/Subject: Resolution 6952 Approving a Sanitary Sewer Refund for the Property Located at 2841 County Highway 10 Background: In late 2004, the water line within the building located at 2841 County Road 10 froze and ruptured, causing metered water to leak. On January 3, 2005 the water meter for this property read 50,000 gallons for the fourth quarter of 2004. This was up from the previous quarter of 12,000 gallons. On April 7, 2005 the water meter for this property read 125,900 gallons for the first quarter of 2005. When the customer received this bill they inquired about the increase. One of the Water Division employees from the Public Works Department investigated the property to see if the meter was reading properly. The meter was found to be spinning, indicating that water was passing through the meter. However, there was no evidence of water leaking. It was then that the Public Works employee discovered there was water leaking on to the dirt floor of the crawl space under said property and soaking into the ground. The leak was repaired during the second quarter for 2006. The meter reading for the second quarter was still elevated with a reading of 335,000 gallons. The property was charged for the water that was metered as well as the sanitary sewer portion of the utility bill. Discussion: Based on current utility billing policies, the sanitary sewer bill is comprised of two components: a flat fee charge and a variable rate charge. The variable rate charge is based on the water usage during the previous first quarter. For the second quarter billing of 2005, this property’s sanitary sewer bill was $597.78 ($21.58 flat fee and $576.20 for the variable rate). However, after it was determined that the leak caused an abnormally high water usage reading, the variable portion of the sanitary sewer rate was changed to be based on the first quarter water usage for 2004 for the remainder of 2005, and is now based on the first quarter water usage for 2006. Since the third quarter of 2005 until now, the property owner has been charged the flat fee of $21.58 for sewer and the minimum variable rate of $5.16 every quarter. Since the variable sanitary sewer portion of the second quarter of 2005 was based on water usage associated with a leak at 2841 County Road 10, and since this water did not enter the sanitary sewer system, Staff is recommending that the second quarter billing of 2005 for this property be adjusted to $5.16 and this customer be issued a refund in the amount of $571.04: $576.20 2nd Quarter charge - $5.16 minimum charge = $571.04 Recommendation: It is recommended the City Council approve a resolution approving a sanitary sewer refund for the property located at 2841 County Highway 10. Respectfully Submitted, Greg Lee, Director of Public Works RESOLUTION 6952 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING A SANITARY SEWER CREDIT FOR THE PROPERTY LOCATED AT 2841 COUNTY HIGHWAY 10 WHEREAS, for the second quarter billing of 2005, the sanitary sewer bill for the property at 2841 County Road 10 was $597.78 ($21.58 flat fee and $576.20 for the variable rate); and WHEREAS, it was determined that a leak caused an abnormally high water usage reading affecting the variable portion of the sanitary sewer bill; and WHEREAS, since the third quarter of 2005 until now the sanitary sewer variable rate for this property has been the minimum rate of $5.16; and WHEREAS, since the variable sanitary sewer portion of the second quarter of 2005 was based on water usage associated with a leak at 2841 County Road 10, and since this water did not enter the sanitary sewer system, Staff is recommending that the second quarter billing of 2005 for this property be adjusted to $5.16 and this customer be issued a refund in the amount of $571.04. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota as follows: 1. Adjust the variable sanitary sewer portion of the second quarter of 2005 for the property at 2841 County Road 10 from $576.20 to $5.16 2. Authorize and direct Staff to issue a refund to the property at 2841 County Road 10 in the amount of $571.04 Adopted this 23rd day of October 2006. (ATTEST) ____________________________________ Rob Marty, Mayor (SEAL) ____________________________________ Kurt Ulrich, City Administrator Item No. 8C Meeting Date: October 23, 2006 Type of Business: CA WK: Work Session; PH: Public Hearing; CA: Consent Agenda; CB: Council Business City Administrator Review _______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Greg Lee, Director of Public Works Item Title/Subject: Resolution 6953 Awarding a Contract for the Installation of a Handicapped Door Opening System at City Hall Background: At the September 5, 2006 City Council Work Session, issues associated with the City Hall Rehabilitation Project were discussed. The following is a portion of that report: Handicapped Accessible Doors – How was the decision made to remove the pre-existing opening system. Why wasn’t it salvaged? Why couldn’t the old opening system be re-installed? The pre-existing door opening system was several years old and had several operational and service issues. The opening system would either fail to operate when activated, the doors would open without being activated, or they would fail to close after being activated. In August of 2004, before the City Hall Rehabilitation Project work was started, the door opening system was analyzed by a service technician from Rogers Automated Entrances Incorporated. At that time, the City was informed that this system had been experiencing moisture problems, creating rust, and that the system was “shot”. To remove the pre-existing door opening system, store it, and reinstall it in the new vestibule would have been extremely labor intensive and would have been cost prohibitive. Therefore, given the aforementioned circumstances, coupled with the knowledge that an opening system is not required by International Building Code or State Building Code and knowing that a system would require ongoing maintenance costing future expenditures and trying to minimize the cost of the City Hall Rehabilitation Project, staff gave authorization to demo the pre- existing door opening system along with the vestibule. The plans and specifications were then created reflecting this decision. Discussion: At the Work Session the City Council indicated a desire to have a door opening system reinstalled in the new City Hall vestibule entrance. Staff proceeded to work with the consultant on the specifications for the door opening system and solicit quotes. Review of Quotes A total of three (3) quotes were solicited for this project. A complete quote summary is as follows: Quoter’s Name Total Quote Twin City Hardware $5,864.69 Pro-Tec Design, Inc. $6,183.00 Automated Entrance Products, Inc. No Quotes Submitted The low quote was received from Twin City Hardware in the amount of $5,864.69. This amount does not include tax or the cost of an electrician. Base Quote $5,864.69 Electrician $680.00 Tax $386.40 Total Cost $6,931.09 It is recommended that the City Hall Rehabilitation Project Budget (Account No. 280-4160-7050-100) be utilized to finance this installation. Recommendation: It is recommended the City Council approve a resolution awarding a contract for the installation of a handicapped door opening system at City Hall. Respectfully Submitted, Greg Lee, Director of Public Works RESOLUTION 6953 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AWARDING A CONTRACT FOR THE INSTALLATION OF A HANDICAPPED DOOR OPENING SYSTEM AT CITY HALL WHEREAS, the City Council indicated a desire to have a door opening system reinstalled in the new City Hall vestibule entrance; and WHEREAS, quotes for the installation of a handicapped door opening system at City Hall were solicited; and WHEREAS, a total of three (3) quotes were solicited and two (2) were received with the low quote submitted by Twin City Hardware in the amount of $6,931.09 including an electrician and tax; and WHEREAS, the City Hall Rehabilitation Project account (Account No. 280- 4160-7050-100) is recommended to fund this installation. 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 a handicapped door opening system at City Hall is awarded to Twin City Hardware in the amount of $6,931.09 including an electrician and tax. 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. The funds to administer the aforementioned contracts associated with the handicapped door opening system are to be derived from the City Hall Rehabilitation Project Account (Account No. 280-4180- 7050-100). Adopted this 23rd day of October 2006. ____________________________________ Rob Marty, Mayor ATTEST: ____________________________________ Kurt Ulrich, City Administrator (seal) Item No: 8D Meeting Date: Oct 23, 2006 Type of Business: Consent Administrator Review : ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, Community Development Director Item Title/Subject: Authorization to Grant Utility Easement to Xcel Energy on City Land Adjacent to 2203 Lois Drive Introduction: Residents Mike Cardinal and Mar Jo Verschay reside at 2203 Lois Drive and are requesting to have Xcel relocate low-hanging power lines that cross their backyard to just beyond their backyard area within the undeveloped area of Greenfield Park. Staff has inspected the property, confirms the low hanging power lines and the obstruction they cause and witnessed a power pole that is in need or relocation. Xcel Energy has agreed to the relocation and will require an easement granted by the City of Mounds View as the poles and line would be on City land. Discussion: Two poles would be installed on City land and between them primary and secondary electric lines and other utility lines would be strung. The relocation would eliminate an existing safety hazard and would improve the livability of the Cardinal/Verschay property. The Xcel Energy site plan is attached for the Council’s review along with a city map showing the location of the proposed easement area. Recommendation: Staff supports the relocation of the power poles and recommends approval of the easement agreement with Xcel Energy. Resolution 6955 is attached for the City Council’s consideration. Respectfully submitted, ________________________ James Ericson Community Development Director Zoning Map Aerial Map o o o New Power Pole New Power Pole Existing Power Pole Proposed Easement Area ELECTRIC EASEMENT KNOW ALL BY THESE PRESENTS, That the undersigned, hereinafter called “Grantor”, in consideration of the sum of $1.00 and other good and valuable consideration in hand paid by NORTHERN STATES POWER COMPANY, a Minnesota Corporation, d/b/a Xcel Energy, the receipt and sufficiency whereof is hereby acknowledged, do hereby, grant unto said Company its successors and assigns, hereinafter called “Grantee”, an easement with the right, privilege and authority to excavate for, construct, install, mark, inspect, operate, repair, alter, replace, reconstruct, remove and maintain its facilities for the transmission and distribution of electrical energy, including the necessary poles, wires, guys, stubs, electric cables, conduits, vaults, pedestals, manholes and facilities related and appurtenant thereto, over, across, under and upon said easement on the following described land situated in the County of _________________, State of Minnesota, (hereinafter called “Premises”) to-wit: (Parcel Description) Except for the right of access tree trimming and temporary working area, said easement shall be limited to that part of the Premises (hereinafter called “Easement Area”) described as follows: (Easement Description) The grant of easement herein contained shall also include the right of reasonable access to said easement across the Premises for the purpose of exercising the rights granted herein, together with the right to remove from Easement Area any structure, trees, shrubbery, or other object or obstruction which in Grantee’s opinion interferes with said facilities or the removal of which may be reasonably necessary for the construction or maintenance thereof. The grant of easement herein contained shall also include the right of reasonable use of the Premises adjacent to the Easement Area by Grantee for tree trimming purposes and for temporary construction area during construction, repair or replacement of said electric facilities. Except as otherwise provided herein or in any Underground Distribution Agreement between the Grantor and Grantee covering the above described Premises, Grantee shall, after installation of the above described electrical facilities, or after the exercise of any rights granted herein, restore the lands subject to this easement to as near their original condition as is reasonably possible and remove therefrom all debris, spoils, and equipment resulting from or used in connection with said installation. Grantor further agrees that no structure or obstruction will be erected or permitted or any trees planted on or within said Easement Area, that he will not change the ground elevation thereof without the written consent of Grantee, or perform any act which will interfere with or endanger said electrical facilities. The grant herein contained shall also include the right of Grantee to permit the joint use of overhead facilities and joint undergrounding with public utility and cable television companies. Grantor covenants with Grantee, its successors and assigns, that Grantor is the owner of the above described premises and has the right to sell and convey an easement in the manner and form aforesaid. This instrument and the covenants and agreements contained herein are binding upon the Grantor, his personal representatives, heirs, successors and assigns. The Grantor agrees to execute and deliver to NSP, at NSP’s cost, without additional compensation any additional documents needed to correct the legal description of the easement area to conform to the right of way actually occupied by the electric lines. It is mutually understood and agreed that this instrument covers all the agreements and stipulations between the parties and that no representation or statements, verbal or written, have been made modifying, adding to or changing the terms hereof. This instrument is exempt from the Minnesota Deed Tax. IN WITNESS WHEREOF, the undersigned have caused this instrument to be duly executed as of the ________ day of _____________________, 2005. _____________________________________ Name; _______________________________ ______________________________________ Name: _____________________________ STATE OF MINNESOTA ) ) ss. COUNTY OF _____________ ) The foregoing instrument was acknowledged before me this ______ day of _____________________________, 2006, by _________________________________________________ ______________________________________________________________________________________ ________________________________________ Notary Public STATE OF ______________ ) ) ss. COUNTY OF ____________ ) The foregoing instrument was acknowledged before me this ______ day of ____________________, 2006, by _________________________________________________________ of _________________________________________________ a corporation, on behalf of the corporation. _____________________________________ Notary Public This instrument was drafted by: _________________ Northern States Power Company 414 Nicollet Mall, Minneapolis, MN 55401 Abstract / Torrens 200x.xxx RESOLUTION NO. 6955 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION AUTHORIZING THE GRANTING OF AN EASEMENT TO XCEL ENERGY ON LAND ADJACENT TO 2203 LOIS DRIVE WHEREAS, residents Mike Cardinal and Mary Jo Verschay, property owners of 32203 Lois Drive, have requested the relocation of utility lines that cross their property; and, WHEREAS, Xcel Energy has agreed to resolve certain utility issues on the Cardinal / Verschay property which would involve the erection of two utility poles on City owned land directly behind and adjacent to the Cardinaly/Verschay property; and WHEREAS, before the work can commence, the City will need to grant a utility easement to Xcel Energy for the siting of the poles and stringing of utility lines. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View that the attached easement document be executed which will allow for the siting of two utility poles and the stringing of utility lines as shown on the plans submitted by Xcel Energy. Adopted this 23rd day of October, 2006. ____________________________________ Rob Marty, Mayor ATTEST: ____________________________________ Kurt Ulrich, City Administrator (seal) These Minutes reflect changes made by City Administrator Kurt Ulrich PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL 1 CITY OF MOUNDS VIEW 2 RAMSEY COUNTY, MINNESOTA 3 4 Regular Meeting 5 September 25, 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, Stigney, Gunn, and Flaherty 16 17 NOT PRESENT: Councilmember Thomas 18 19 4. APPROVAL OF AGENDA 20 21 A. Monday, September 25, 2006 City Council Agenda 22 23 MOTION/SECOND: GUNN/FLAHERTY. To Approve the Monday, September 25, 2006 24 agenda as presented. 25 26 Ayes – 4 Nays – 0 Motion carried. 27 28 5. PUBLIC INPUT 29 30 Warren Johnson, 7710 Greenwood Drive, stated that when the street project first began he asked 31 that someone look into dead-ending Greenwood Drive because 80% of the traffic has nothing to 32 do with the neighborhood. He stated the street dead-ends into the shopping center and the street 33 rehab project would be an excellent time to consider dead-ending the street. He stated he has 34 received no response from the City since he initially requested the inquiry. He asked the 35 Council’s opinion about the road improvements he suggested. 36 37 Mayor Marty stated he had not heard about the proposition recently. Mr. Johnson asked how 38 many meetings he must attend before he is given an answer about the status of his suggestion. 39 He added he would like some kind of answer. 40 41 City Administrator Ulrich stated the proposed solution was for a comprehensive traffic study for 42 the entire northwest portion of the City. He stated due to expenses, the study was not approved 43 and current City Staff is doing a much more limited study. He noted the study does not go into 44 much depth regarding street closings similar to what Mr. Johnson is requesting. City 45 Mounds View City Council September 25, 2006 Regular Meeting Page 2 Administrator Ulrich added that the scaled-back traffic study would not allow for such detailed 1 information. 2 3 Mayor Marty explained why the study was not approved. He asked if the Council has consensus 4 about considering Mr. Johnson’s suggestion. 5 6 Mr. Johnson stated he did not ask for any money and that he is giving a 38-year report that the 7 traffic pattern in that area is not working. 8 9 Public Works Director Lee stated that City Administrator Ulrich was correct and the problem 10 was to be addressed by the larger study. He suggested the City do a traffic count but pointed out 11 that the properties on the end of the road may require the City acquiring or purchasing a 12 significant amount of property for the appropriate easement to allow a dead end. 13 14 Mayor Marty noted he is not in favor of acquiring properties or using eminent domain to allow 15 the City to dead-end a street. Public Works Director Lee added that fire and emergency response 16 could be an issue as well as overall opinion of the residents in the area of a dead-end. 17 18 Councilmember Gunn asked if it is an MSA road. Director Lee replied that it is not, which gives 19 the City more flexibility. 20 21 Mayor Marty asked if Director Lee would look into the issue further. Mayor Marty stated he 22 believes the residents and adjacent property owners must be willing because he is not 23 comfortable taking land. Director Lee stated a traffic count could be taken in interim. 24 25 Mr. Johnson stated his main concern was that his request was being considered. He explained 26 what he had been told regarding his request and explained several plans that had been proposed 27 for the area. 28 29 Mayor Marty asked Director Lee to contact the adjacent property owners. He stated if one of the 30 properties were in foreclosure, the bank would be in possession of the property. Lee stated he 31 hadn’t intended to dump the issue on the Council, and that it was to be addressed in the 32 comprehensive traffic study. 33 34 Mr. Johnson said he believes most of the traffic on his street reaches the end and must turn 35 around. Flaherty noted his concern is that a dead-end is wanted on a main road off of a main 36 artery in the City, County Road I. 37 38 City Administrator Ulrich stated Staff would bring back a report on October 9. 39 40 Laura Steeves, 5467 Landmark Circle, asked if the Council would waive the fee for the banquet 41 center for two hours for a year-end banquet for a football banquet. She stated many of the 42 children are on scholarship and parents cannot afford the fees. Mayor Marty clarified that some 43 of the kids cannot afford to play without the scholarship and many of them are low-income 44 children. 45 Mounds View City Council September 25, 2006 Regular Meeting Page 3 1 Ms. Steeves stated many of the children are from Mounds View and having a banquet in the City 2 is important. 3 4 Mayor Marty noted that there are many organizations in the City with limited funds who may ask 5 for reduced fee or free use of the center. He noted his concern is that it may set a precedent for 6 other organizations to ask for free space. Ms. Dees stated her t-ball team was offered free space 7 in the past. 8 9 Councilmember Stigney stated the issue is that the Council needs to determine how the Center is 10 paid for. City Administrator Ulrich noted the Community Center Committee met two weeks ago 11 and will be meeting every-other month. Mayor Marty noted his support that the committee 12 consider the issue before it comes before the Council. 13 14 Carol Miller, 8242 Groveland Road, stated as a volunteer, she believes it is important the City 15 support youth programs. She stated the time is excellent to set the precedent of giving the 16 Community Center back to the city. She stated when it comes to non-profit groups the City 17 should choose to provide the Center to the community. 18 19 Mayor Marty noted the fee schedule. Ms. Steeves stated her organization was determined to be a 20 Class 2 organization, which means it will cost more for her organization than if her organization 21 was a Class 1. City Administrator Ulrich noted the fee schedule and how the $150 fee for the 22 organization was decided upon. 23 24 Councilmember Stigney asked how the organization’s class was determined. City Administrator 25 Ulrich explained how non-profit status is established. Ms. Dees stated the organization is a non-26 profit, 501-status organization. Mayor Marty asked if there was documentation. Ms. Dees 27 explained how the organization is funded. 28 29 Mayor Marty asked how the classification is determined. Finance Director Beer noted the federal 30 regulations. Mayor Marty asked if the organization is close enough to a non-profit to qualify. 31 Ms. Dees stated all of the kids on the team are from Mounds View, although the corporate 32 address is in New Brighton 33 34 Mayor Marty stated if the 501C3 document was provided to the City, he would approve of 35 lowering the rental rate to Class 1. 36 37 City Attorney Riggs stated it is a policy decision, particularly regarding allowing a New Brighton 38 organization to qualify as a Mounds-View non-profit. 39 40 Councilmember Gunn stated such issues had been discussed, particularly due to school districts 41 and alignments. She noted her support to allow the organization to use the facility as a Class 1. 42 She said as long as a team has Mounds View kids on the team, they should be allowed usage of 43 the facility as a Class 1. She stated the City should establish a percentage of members of the 44 organization that need to be Mounds View residents in order to be Class 1. 45 Mounds View City Council September 25, 2006 Regular Meeting Page 4 1 Councilmember Gunn noted her support for allowing the organization to be classified as a Class 2 1. Councilmember Flaherty agreed and stated it will open up discussion for the Council to 3 determine how the fee schedule is set up and how classes are determined. Mayor Marty also 4 agreed that the organization should be considered a Class 1. 5 6 City Administrator Ulrich asked if any athletic organization with a significant amount of Mounds 7 View residents should be considered Class 1. The Council agreed that they should. 8 9 Cathy Bushane, 2204 Lois Drive, stated she has been a 32-year Mounds View resident. She 10 stated when she and her husband purchased their house, they did not consider building codes and 11 other ordinances. She stated within the last year, the construction of oversize garages has 12 changed her neighborhood. She stated that she has received comments about the size of the 13 garages. 14 15 Ms. Bushane asked how big is too big? She asked if there is concern about the impact on the 16 neighborhood when oversize garages are built. She said when she called, she was informed that 17 the buildings are within code and there is nothing she could do. She asked how often the codes 18 are reconsidered, and if Mounds View allows bigger buildings than other cities. 19 20 Ms. Bushane asked how a neighborhood could remain cordial and friendly when one neighbor’s 21 garage may infringe upon other neighbors. She stated she is puzzled why she is not notified 22 about such large buildings being built next door. She stated the large buildings are starting a 23 dangerous trend and that she believes it is diminishing the value of her property. She stated her 24 concern is the size of the buildings, the impact on the neighborhood, and if the accessory 25 building code should be reconsidered. 26 27 Ms. Bushane stated she trusts that the Council and city Staff will look out for all residents, not 28 just those who want larger buildings. 29 30 Mayor Marty replied that there have been ongoing discussions for a number of years and people 31 are requesting such buildings to remove things from the yards. He commended Ms. Bushane for 32 her points and stated many valid points were raised. He stated the Council has a number codes 33 included in the packets, and that Mounds View is often more forgiving for large accessory 34 buildings than many other neighboring cities. He stated that there have been many requests for 35 larger garages and accessory buildings and that the issue should come before the Council for 36 reconsideration. 37 38 Councilmember Gunn said the time has come for another meeting with the Planning 39 Commission. She explained residents go before the Planning Commission before the issues 40 come to the Council. She said the Planning Commission is the first part of the process and they 41 need to be included in the discussion. 42 43 Mounds View City Council September 25, 2006 Regular Meeting Page 5 Mayor Marty stated that if a homeowner wants a large garage or accessory building, and the 1 proposal meets City code, there is nothing the Planning Commission can challenge. 2 Councilmember Gunn suggested the Council and Planning Commission review the code. 3 4 Director Ericson said the code has been changed several times. He explained the code and 5 conditions associated with accessory buildings. He said the problem is that a 952 square foot 6 garage or larger would require Planning Commission review, but anything less can be built as 7 long as it meets all of the conditions of code. 8 9 Councilmember Flaherty asked about the process to change the code. Director Ericson explained 10 the first step when the resident would approaches the City with an issue. He said the Council 11 would then ask the appropriate Committee or Commission to research the issue. He said if the 12 resident misses the notice of the discussion, they might miss the discussion. He said the Council 13 must consider how to ensure notification is given and that they may want to discuss further 14 notifying residents. 15 16 Mayor Marty stated the Council could set up a meeting with the Planning Commission about the 17 issue. He said the Council must listen to residents’ suggestions. He said some people are 18 moving to Moving View particularly for the relaxed accessory building standards and that 19 Mounds View may be getting a reputation for large garages. 20 21 Councilmember Stigney suggested that Director Ericson note to the Planning Commission that 22 concerns are being raised and ask the Commission to review the code and complaints. Director 23 Ericson stated such a step could be done. Mayor Marty agreed with the suggestion. 24 25 Mayor Marty stated that perhaps the City has been too lenient with approving large accessory 26 buildings. He said unless the City hears otherwise, they assume residents are okay with code 27 changes. He thanked Ms. Bushane for bringing the issue to the Council’s attention 28 29 Mary Jo Vershay, 2223 Lois Drive, stated most of her neighbors are in attendance. She said she 30 is before the Council because she has spoken to several members of the Council, Director 31 Ericson, and members of the Planning Commission about the issue. She stated she is here 32 representing her neighbors and other Mounds View residents and presented the Council with 33 several recommendations. She said the problem has cascaded. She stated she has been told that 34 sight lines have been obstructed because of the large garages for in several neighborhoods. 35 36 Ms. Vershay stated that she is in front of the Council for people who do not know the impact of 37 such oversized garages. She suggested the City consider all outbuildings within City boundaries 38 and determine how the City should look. She noted that many large homes are being built and 39 sight lines are permanently changed. 40 41 Ms. Burshae stated she believes the large accessory buildings are negatively impacting property 42 values. She said that she assumed she should take her complaints to City Staff. She stated she 43 was only told recently that she should talk to the Council. 44 45 Mounds View City Council September 25, 2006 Regular Meeting Page 6 Mayor Marty stated when he is called with situations he has suggested residents speak in front of 1 the Council. 2 3 David Olson, 2215 Lois Drive, said as a resident of Mounds View and Lois Drive, he is 4 disappointed in the building permit department for not knowing what the accessory buildings will 5 look like. He said he would like to ask for the resignation of the person responsible for 6 approving building permits in the City. 7 8 Mayor Marty stated the permits are a Council decision. He stated it was a Council decision to 9 allow the larger accessory buildings. Mr. Olson suggested the Council review architectural 10 drawings so they can see what the buildings look like before they are approved. He said the large 11 garages do not fit in the neighborhoods. He said the visual impact of the buildings significantly 12 impact the neighborhoods. 13 14 Mayor Marty noted that the Council used to review every permit and it took up a significant 15 amount of Council time. He said to save time, the Council voted to increase the size limit. He 16 stated there was no objection at the time larger garage limits were approved. He stated Staff does 17 review permits, and that to ask for a resignation is very harsh. He stated he would like more facts 18 before Staff is criticized in such a manner. 19 20 Mayor Marty noted the Council works for the citizens and he feels like with such a unified 21 showing, the Council will look into the issue so other neighborhoods and citizens are not 22 impacted adversely. 23 24 Councilmember Gunn said that it is not just one person or the Council who approves the 25 building. She explained the process which beings with public notification and the Planning 26 Commission discussion, which is then passed on as a resolution to the Council. She said if the 27 plans meet code, the City could not turn down the application. She said the process is to review 28 the code and make changes if necessary. 29 30 Mayor Marty noted that Ms. Vershay’s recommendations look quite thoughtful and could 31 provide framework for discussion. 32 33 Councilmember Flaherty said he understands the residents’ concerns. He said the Council agrees 34 to revisit the code as is being requested by the residents. He said that now the Council 35 understands the concerns and will be able to review the code. 36 37 Councilmember Stigney said he understands the frustration of the neighbors. He said the 38 Council should consider the size of both garages and homes. He said he believes the City has 39 perhaps gone too far and could make some kind of revisions. 40 41 Mike Reed, 2208 Lois Drive, said he has an oversized garage and said that a couple years ago, a 42 City staff member came to his home, where he had two cars parked, one on the grass and one 43 next to his garage. He said he was told he could no longer park on the grass and that his request 44 Mounds View City Council September 25, 2006 Regular Meeting Page 7 for a larger garage was denied. He said that he was told if he built the extra garage, he could no 1 longer build any other buildings on his property. 2 3 Mr. Reed stated he needed the extra space because he runs his own business and he had to build 4 the garage in order to store many of his possessions. He said the accessory building has allowed 5 him to clean up his yard significantly. He said that some of the neighbors do not like the large 6 garages, but that his garage has made his property look much better than it used to. He said he 7 would like the City to keep the accessory storage code as is. 8 9 Timothy Holm, 2200 Lois Drive, said his garage is one included in the photos presented to the 10 Council. He said he and his wife chose to live in Mounds View because they needed space to 11 store his possessions. He said he does not believe he has an excessive amount of possessions, 12 and that the things he has he uses. 13 14 Mr. Holm explained that he has some classic cars, an antique boat, and several antique 15 snowmobiles. He said he chose Mounds View because he is familiar with the area, likes the 16 area, and that he and his wife were looking for a place that met their need for having more space, 17 but being close enough to the Metro for an easy commute. He said there was no other area that 18 met such criteria. 19 20 Mr. Holm stated he addressed the Planning Department when he initially proposed his accessory 21 building. He said Staff told him that he likely did not have a chance at a variance because he did 22 not meet any of the seven criteria. He said he met all code requirements when he built his 23 accessory building. 24 25 Mr. Holm said that if the Council is going to revisit the ordinance and code requirements, that 26 there are many people like him in the City. He asked the Council to come up with a quantitative 27 way to determine square footage taking into account lot size and other factors. 28 29 David Jahnke, 8428 Eastwood Road, said he heard the concern of the neighbors. He asked who 30 issues building permits. Mayor Marty stated that person should not be mentioned. Mr. Jahnke 31 stated the person is only following the rules and asking for a resignation is an extreme measure. 32 He said that the issue is best discussed with the Planning Commission and Council. 33 34 Mr. Jahnke stated there could be others who appreciate large garages and homes and that not all 35 may be satisfied. 36 37 Mr. Jahnke asked how many events must be held at the Community Center in order for it to pay 38 for itself. Mayor Marty stated he could give Mr. Jahnke a copy of the fee schedule of the Center. 39 He also noted the fee schedule may be revised. 40 41 Mr. Jahnke said that he does not believe the Center is necessary for all of the community 42 meetings. He said many meetings used to be held in homes and public schools. He asked how 43 much the City could afford to support. He asked how the City compares with other communities 44 as far as how much is spent on community centers and parks. 45 Mounds View City Council September 25, 2006 Regular Meeting Page 8 1 Mr. Jahnke said he was going to quit coming to the Council meetings because he does not agree 2 with the time limit for public input. He mentioned how much time the Council spent discussing 3 a parking lot. He stated he appreciates the Council listening to concerns, but asked if all issues, 4 particularly private issues, should be discussed at Council meetings. Mayor Marty said he does 5 not believe such long time should be spent on such private issues. Mr. Jahnke reiterated that the 6 City is changing and noted he was present for many discussions about the accessory building 7 issue. 8 9 City Administrator Ulrich stated the City Attorney advised that a motion be presented for the fee 10 schedule issue. 11 12 MOTION/SECOND: GUNN/FLAHERTY. To change policy that local athletic organizations 13 with 10% Mounds View residents be considered at Class 1 for rental and to authorize revision of 14 fee schedule. 15 16 Councilmember Stigney asked for a definition of local. City Attorney Riggs explained it could 17 be a temporary motion to approve an interim change until a more permanent motion can be 18 made. Finance Director Beer suggested that 10% of the organizations participants must be 19 Mounds View residents. 20 21 Councilmember Gunn explained that there are some groups with a majority of kids from New 22 Brighton, and to make it fair, 10% of Mounds View residents must be part of the group. 23 24 MOTION/SECOND: GUNN/FLAHERTY. To accept the proposed friendly amendment. 25 26 Ayes – 4 Nays – 0 Motion to amend carried. 27 28 Councilmember Flaherty asked about Class 1 and providing non-profit status and said he agrees 29 with 10% on an interim basis. Councilmember Stigney agreed with 10% on an interim basis as 30 well, to accommodate the Council’s intent until a permanent solution is reached. 31 32 Ayes – 4 Nays – 0 Motion carried. 33 34 6. SPECIAL ORDER OF BUSINESS 35 36 None. 37 38 7. COUNCIL BUSINESS 39 40 A. Resolution 6939, a Resolution Authorizing the Hire of Mr. David Schulte to 41 the Position of Mounds View Cable TV Assistant 42 43 City Administrator Ulrich stated the position was previously authorized by the Council to 44 approve Mr. Schulte, who is currently an employee of CTV, be hired on a part-time basis to 45 Mounds View City Council September 25, 2006 Regular Meeting Page 9 provide assistance for Council and other meetings. 1 2 City Administrator Ulrich stated Mr. Schulte has a degree in broadcast journalism and said he 3 will begin at Step three, and then explained the step progression. He said employment would 4 begin pending a background check. 5 6 Mayor Marty asked if the current part-time cable operator, Dave Olson, is at Step 3 or 4. City 7 Administrator Ulrich stated he is at Step 4. He stated that Mr. Olson should be at Step 5 due to 8 his experience with the Council. 9 10 Councilmember Stigney noted, on a point of order, that it is not a discussion about such an issue. 11 12 City Administrator Ulrich read the resolution in full. 13 14 MOTION/SECOND: GUNN/FLAHERTY. To adopt Resolution 6939, a Resolution 15 Authorizing the Hire of Mr. David Schulte to the Position of Mounds View Cable TV Assistant. 16 17 Councilmember Stigney stated that the job description he has says the required experience in the 18 non-linear editing system as a requirement, and asked if the person has such experience. 19 20 Communications Coordinator Blackford said that it was recommended that specific language 21 referring to Final Cut Pro was cut from the description, but non-linear editing was kept. It was 22 noted that Mr. Schulte has experience in non-linear editing. 23 24 Ayes – 4 Nays – 0 Motion carried. 25 26 B. Resolution 6937 Approving a Letter Agreement with BRAA to assist the City 27 with Developing an Erosion Control Ordinance and Revised Grading Permit 28 Procedure. 29 30 Public Works Director Lee stated as part of the City’s municipal storm sewer system, the City is 31 required to pass a grading ordinance. He stated in addition, the City is required to update grading 32 permit procedure. He stated Staff has requested assistance from BRAA because it has proven to 33 be a particularly daunting task. He stated Staff received a quote of $13,000. and Staff then 34 determined what could be done internally. 35 36 Director Lee stated Staff could take care of several of the issues internally, and recommends 37 deleting those tasks from the contract, which will reduce the contract amount to $9,980 for 38 BRAA’s assistance with developing a Grading ordinance and grading permit process. 39 40 Councilmember Stigney asked about the funding source. Director Lee replied it would be derived 41 from the storm water fund. 42 43 Councilmember Flaherty asked if it is to comply with the local ordinance. Director Lee stated it 44 is a federally mandated requirement to develop a grading ordinance. 45 Mounds View City Council September 25, 2006 Regular Meeting Page 10 1 Mayor Marty stated he likes item 1.0 that was taken out and wanted to ensure that all of the 2 City’s costs are covered. He also asked for an explanation of item 8B, Compensation, on page 5. 3 He asked what SWVD is. Director Lee explained the items. 4 5 Mayor Marty commended Staff for their efforts to remove the unnecessary expenses, totaling 6 about $4,000. He asked if Director Lee is sure that Staff has time to cover such tasks. Director 7 Lee stated he was confident Staff could manage the additional tasks. 8 9 MOTION/SECOND: FLAHERTY/STIGNEY. To waive the reading and adopt Resolution 6937 10 Approving a Letter Agreement with BRAA to assist the City with Developing an Erosion Control 11 Ordinance and Revised Grading Permit Procedure. 12 13 Ayes – 4 Nays – 0 Motion carried. 14 15 C. Resolution 6941 Awarding a Contract for the Installation of Carpet and Tile 16 and Authorizing Volunteer Painting for the Random Park Building 17 Replacement Project 18 19 Director Lee explained that with the project nearing completion, there are a few items that need 20 to be completed – carpeting and tiling and interior painting. He stated such items were not 21 included in the original contract because Staff determined they could save some money by 22 contracting directly. 23 24 Director Lee explained the low bid for carpeting and tile was given by Abbey Carpet. He showed 25 the Council the tile and carpet samples proposed. He noted it was similar to the carpet used in 26 the Community Center, and the carpet could be easily replaced, if necessary. He stated Staff 27 recommends awarding the contract to Abbey Carpet for tile and carpet. 28 29 Director Lee stated an Eagle Scout is looking for a project and has volunteered to paint the 30 building. He said the City would provide the paint and showed the Council the proposed paint 31 color, which was a light tan. He stated Staff recommends authorizing a volunteer painting of the 32 Random Park building. 33 34 Director Lee stated the City is planning a simple landscaping plan. He said the plan would be put 35 together now and would look for volunteers to execute the plan in 2007. He stated two eagle 36 scouts have approached the City and may be able to do the landscaping as an Eagle Scout project 37 in 2007. 38 39 Councilmember Gunn noted her support for the Eagle Scout volunteer project. 40 41 Councilmember Flaherty noted his support for the tile chosen. He stated it is worth the extra cost 42 due to its durability. 43 44 Director Lee stated Random Park is the highest-use park building. 45 Mounds View City Council September 25, 2006 Regular Meeting Page 11 1 Mike Reed, 2208 Lois Drive, asked if the City received competitive bids. Director Lee assured 2 him that two quotes were received and that five companies were contacted. 3 4 Mayor Marty asked if there were any more volunteers for the painting projects since it is a very 5 large project. He stated scouts are listed as painting contractors and said if there is anyone else 6 interested, they could contact Director Lee. 7 8 Mayor Marty asked if the City has proper insurance coverage for such activities. City Attorney 9 Riggs stated Staff should ensure such an activity is covered. 10 11 Carol Mueller, 8343 Groveland Road, stated that the Scouts who are working on the projects will 12 be required to file a permit with the Council, and the permit does have extra liability insurance. 13 14 MOTION/SECOND: MARTY/GUNN. To waive the reading and adopt Resolution 6941 15 Awarding a Contract for the Installation of Carpet and Tile and Authorizing Volunteer Painting 16 for the Random Park Building Replacement Project. 17 18 Councilmember Stigney noted his support for the Scout volunteering. He said he believes the 19 $11,000. quote for tile and carpet is excessive and said he could not support the expense. 20 21 Ayes – 3 Nays – 1 (Stigney) Motion carried. 22 23 D. Resolution 6940 Approving Change Order No. 1 for the Medtronic Utility 24 Extension Project – Upsize Sanitary Sewer 25 26 Director Lee noted the main item is to extend the sanitary sewer to the site. He stated the City 27 and MedTronic’s consultants determined that the pipe there would be adequate to the site. He 28 said the Department of Labor of is requiring the size of the pipe be 12 inches. 29 30 Director Lee noted revisions that the language stating that any costs associated with extending 31 utilities would be the developer’s responsibility. He noted the funding source in the Resolution 32 as TIF from District 5 is incorrect, that the funding will be coming from the Water fund. 33 34 MOTION/SECOND: GUNN/FLAHERTY. To waive the reading and adopt Resolution 6940 35 Approving Change Order No. 1 for the Medtronic Utility Extension Project – Upsize Sanitary 36 Sewer, as corrected. 37 38 Councilmember Stigney asked which water fund the funding will come from. Finance Director 39 Beer explained it would come from Water Fund 700, Account 700-4825-7050-034, for Capital 40 construction. 41 42 Councilmember Stigney asked about all three items on the back. Director Lee explained the 43 other items, the leaky hydrant and correcting two service liens, which will come out of the 44 accounts as indicated. 45 Mounds View City Council September 25, 2006 Regular Meeting Page 12 1 Councilmember Stigney asked if the 12-inch pipe is currently installed. Director Lee stated it is 2 installed and he is looking for approval to pay the bill. He stated the pipe was required to be 3 installed and it is the City’s responsibility to install it. 4 5 Councilmember Flaherty asked how the consultants missed the fact that the Department of Labor 6 and Industry required 12-inch pipe. Director Lee stated the Department of Labor and Industry 7 did not do their review until the permit was approved. 8 9 Councilmember Flaherty asked if the consultants knew the Department of Labor would require 10 the 12 inches and said the consultants should have known, and now the City has a cost incurred 11 because of their mistake. He stated he would like to go back to the consultants with the cost and 12 ask for a remedy. 13 14 Director Ericson stated the cost of the 12-inch pipe would have been built into the original 15 estimate even if the consultant caught the issue. He stated there is no additional cost to the City 16 since the 12-inch pipe has to be installed regardless. 17 18 Councilmember Flaherty stated his issue is that the consultants missed the issue and that he 19 would like to ensure the consultants are reliable and all bases are covered. 20 21 Director Lee stated if circumstances were different, he would install the 10-inch pipe. He stated 22 if another agency says something bigger must be installed, the City would have to install it 23 anyway. 24 25 Ayes – 4 Nays – 0 Motion carried. 26 27 8. CONSENT AGENDA 28 29 Director Ericson recommended pulling Item 8H. Mayor Marty asked to remove item 8B. 30 31 A. Licenses for Approval 32 B. Resolution 6928 Approving Change Order No. 1 for Hidden Hollow South – 33 Extend Completion Date 34 C. Set a Public Hearing for October 9, 2006 at 7:05 pm to Consider a 35 Conditional Use Permit for an Oversize Garage at 2925 County Road H2. 36 D. Resolution 6936 Appointing MMKR to Provide Auditing Services for the 37 Years Ended December 31, 2006, 2007, 2008 38 E. Set a Public Hearing for October 9, 2006 at 7:10 pm to Consider Adopting a 39 Special Assessment Levy for Delinquent Public Utility Accounts 40 F. Set a Public Hearing for October 9, 2006 at 7:15 pm to Consider Adopting a 41 Special Assessment Levy for Diseased Tree Removals 42 G. Set a Public Hearing for October 9, 2006 at 7:20 pm to Consider Adopting a 43 Special Assessment Levy for charges to abate a nuisance condition at 5300-02 44 Raymond Avenue 45 Mounds View City Council September 25, 2006 Regular Meeting Page 13 H. Set a Public Hearing for October 9, 2006 at 7:25 pm to Consider the 1 Introduction and First Reading of Ordinance 780, an Ordinance Approving 2 Modifications to the City’s Official Wetland Zoning District Maps 3 4 MOTION/SECOND: STIGNEY/FLAHERTY. To Approve the Consent Agenda as amended. 5 6 Ayes – 4 Nays – 0 Motion carried. 7 8 B. Resolution 6928 Approving Change Order No. 1 for Hidden Hollow South – 9 Extend Completion Date 10 11 Mayor Marty noted the change order was presented today, but the completion date was originally 12 supposed to be August 18. He asked why the change order was not presented to the Council 13 earlier. 14 15 Director Lee explained that it did not come back sooner because the change order was not 16 prepared until the last couple days. He stated the City and private contractor were working 17 together on a storm-sewer crossing and they id not have an exact date for completion. He stated 18 the date has now changed to September 29, and they did not want to finalize a date until they 19 knew their timeline. He noted the final completion date of August 5, 2007, has not changed. 20 21 Mayor Marty noted the third whereas, an asked if the extension date should be included in the 22 resolution. Director Lee stated it could be included, or could reference the date in the change 23 order. 24 25 MOTION/SECOND: MARTY/FLAHERTY. To waive the reading and adopt Resolution 6928 26 Approving Change Order No. 1 for Hidden Hollow South – Extend Completion Date. 27 28 Ayes – 4 Nays – 0 Motion carried. 29 30 H. Set a Public Hearing for October 9, 2006 at 7:25 pm to Consider the 31 Introduction and First Reading of Ordinance 780, an Ordinance Approving 32 Modifications to the City’s Official Wetland Zoning District Maps 33 34 Director Ericson noted that the item is before the Council to set a public hearing to consider the 35 adoption of new wetland zoning maps, which requires going through ordinance process. He 36 explained that the process is very similar to zoning codes. He stated it would impact a large 37 number of properties and residents and it is important to notify residents in several different ways 38 and with any means possible. 39 40 Director Ericson summarized that the Council authorized a wetland inventory, which was 41 completed along with some mapping ha been completed and are before the City for approval. He 42 noted the current wetland maps are from the 1980s and may not correlate with current 43 developments. 44 45 Mounds View City Council September 25, 2006 Regular Meeting Page 14 Director Ericson stated there have been many wetland alterations that have never been reflected 1 on the City’s official zoning maps. He said the City would take a comprehensive look at the 2 wetlands, which would allow the City the opportunity to post the maps online and give the City a 3 format to update the maps accordingly. 4 5 Director Ericson noted several issues that may warrant discussion, such as whether a drainage 6 ditch will require a setback and similar issues. 7 8 Mayor Marty said Mounds View’s current regulations are more protective of wetlands. He stated 9 that regulations, which may apply to certain activities, are enforced by Mounds View only, and 10 there is extensive latitude that may be given in the buffer areas. He stated he would like the word 11 “extensive” changed to “some” or “limited.” He also noted that he was under the impression that 12 all buffer zoned permits need to come before the Planning Commission and Council. 13 14 Director Ericson stated that many requests, such as fences or garages, are approved 15 administratively, but anything beyond 1248 square feet must come back to the City for review. 16 He stated there are a number of criteria in the code that must be satisfied for approval. He stated 17 there must not be a negative impact to the wetland in order for such a request to be approved. 18 19 Director Ericson gave the example that if a driveway is approved, it may be required to be graded 20 in an opposite direction. He stated small projects that will not extensively impact the wetland do 21 not go through the review process. He stated he does not want to make the code sound too 22 restrictive. He stated he would re-write the notice so there is not such extensive latitude. 23 24 Mayor Marty asked about when structures or fill are brought in around a wetland and cause soil 25 compaction, which in turn causes wetlands to recede. He stated Mounds View wants to preserve 26 and protect wetlands, and it appears Mounds View is heading in the direction of developers and 27 the tone of the ordinance sounds contrary to wetland protections. 28 29 Mayor Marty stated he does not want to alarm residents who have homes in areas that are 30 previous wetland designations. He stated that in the past, the Council had to review several 31 buildings in the wetland buffer. He said he was under the impression that all proposed wetland 32 buffer structures would come before the City. 33 34 Director Ericson stated no changes are being made to the ordinances, but the wetland maps are 35 just being update. He stated no changes would impact residents, that the maps are utilizing more 36 modern technologies to come up with maps that are more realistic and representative. He stated 37 that it might be a good time to review the ordinance and City requirement. 38 39 Mayor Marty asked if the proposed maps are current and up-to-date. Director Ericson replied 40 that they are the most current. 41 42 MOTION/SECOND: MARTY/STIGNEY. To Set a Public Hearing for October 9, 2006 at 7:25 43 pm to Consider the Introduction and First Reading of Ordinance 780, an Ordinance Approving 44 Modifications to the City’s Official Wetland Zoning District Maps. 45 Mounds View City Council September 25, 2006 Regular Meeting Page 15 1 Ayes – 4 Nays – 0 Motion carried. 2 3 9. JUST AND CORRECT CLAIMS 4 5 Councilmember Flaherty asked about Operating Supplies and a Rug. City Administrator Ulrich 6 stated the rugs are rented specifically for elections. 7 8 Councilmember Flaherty asked about a refund to Ann Booth on page five. Finance Director Beer 9 stated it was issued because she did not use the park. Councilmember Flaherty asked if it 10 stopped someone else from using the park. Finance Director Beer stated it did not. 11 12 Mayor Marty asked about the message board service bill paid to AIM electronics on Page 2. 13 Director Lee stated the parts are under warranty, but labor is not, and the invoice is for the labor. 14 15 Councilmember Flaherty asked about 6 computers from HP and asked what was done with the 16 old computers. Finance Director Beer stated they are recycled if they are unable to be used. 17 18 Mayor Marty asked if information could still be removed from hard drives and if the computers 19 with sensitive information are destroyed. Director Lee stated he has seen some of them 20 destroyed. Mayor Marty asked that all be destroyed. Director Lee explained that as computers 21 are replaced, the older computers are often moved to areas of lower use. 22 23 Councilmember Flaherty asked if is possible that the City offer computers at a lower cost to City 24 residents. Finance Director Beer stated there is an issue with licensing of software and there may 25 not be an operating system, which renders the computers unusable. 26 27 Mayor Marty asked about a payment to Gopher State One Call on page seven, for 535 calls. He 28 asked if that is an unusually high number. 29 30 Mayor Marty also asked about Hudson Maps and the street atlas. He asked how many the City 31 needs. Director Ericson explained they are used for outside-the-city travels by City Staff. 32 33 Mayor Marty asked about the Johnson Culvert and asked where it will be used. Director Lee 34 explained it was for the repair that was done on Woodcrest. 35 36 Mayor Marty asked about the Medtronic, SYSCO Expansion, and Hidden Hollow expenses with 37 Kennedy and Graven. City Attorney Riggs stated they are invoiced back to the developers. 38 Director Ericson stated the SYSCO and Hidden Hollow expenses are billed to the developers. 39 He added that some expenses are billed back to Medtronic depending on the expense. 40 41 Mayor Marty asked about a credit used in error paid back to SYSCO. Finance Director Beer 42 stated SYSCO sent a credit memo at one point, which the City deducted from a bill, which was 43 later claimed to be erroneous an the City had to pay the money back. 44 45 Mounds View City Council September 25, 2006 Regular Meeting Page 16 Mayor Marty asked about law enforcement coloring books. Finance Director Beer stated the 1 expense will come from the DARE fund, and the books are purchased in a large number. 2 Councilmember Flaherty noted it is a very worthwhile expense. 3 4 Mayor Marty asked about the medical exam expense. Finance Director Beer noted it was for 5 Mounds View’s new police officer. 6 7 Mayor Marty asked about a payment to Ramsey County for road striping. Director Lee stated it 8 was for striping the entire City. He stated he is not sure why it was two separate invoices. 9 10 Councilmember Flaherty left the meeting at 9:28 p.m. 11 12 Councilmember Gunn asked about development fee and non-refundable refund paid to Dan Hall 13 on page seven. Director Ericson stated Mr. Hall applied for a development review for a hotel 14 project, but then rescinded the request. He stated the City suggested Mr. Hall pull his application 15 until he had more solid plans. 16 17 MOTION/SECOND: GUNN/STIGNEY. To approve the Just and Correct Claims as Presented. 18 19 Ayes – 3 Nays – 0 Motion carried. 20 21 10. APPROVAL OF MINUTES 22 23 A. August 28, 2006 City Council Meeting Minutes 24 25 Mayor Marty noted he called corrections to Director Ericson. 26 27 Councilmember Flaherty returned to the meeting at 9:31 p.m. 28 29 Councilmember Gunn asked to correct Line 25 on page 10. 30 31 Councilmember Stigney asked to change page 21, to change the word “amps” to “watts.” 32 33 MOTION/SECOND: MARTY/STIGNEY. To Approve the August 28, 2006 City Council 34 meeting minutes as corrected by submissions and meeting corrections. 35 36 Ayes – 4 Nays – 0 Motion carried. 37 38 11. REPORTS 39 40 A. Reports of Mayor and Council 41 42 Mayor Marty stated he went to the new fire station dedication and said it was a very nice 43 ceremony. He said the fire station is very nice, but not extravagant in any way. He stated it was 44 tastefully done and everything seems very functional and practical. He stated he received a tour 45 Mounds View City Council September 25, 2006 Regular Meeting Page 17 and the highlight was a driving simulator. He also mentioned that there is a nice physical fitness 1 center. 2 3 Mayor Marty noted he spoke to Senator Betzel about the Route 860 bus line, and the Senator sent 4 an e-mail to the Metropolitan Council regarding the bus line. He stated he has forwarded e-mails 5 from several residents about the bus line. He stated he hopes the City can get Route 860 6 reinstated. 7 8 Mayor Marty stated on Monday, October 2, the Council is having a meeting with Ramsey County 9 Commissioners Bennett and Weesner-Parker, along with Ken Heider, Dan Solar, Director Lee, 10 and the principal at Sunnyside School about a signalized intersection at County Road H and 11 Silver Lake Road. He noted the meeting is open for public comment. He stated there has been 12 some concern about the intersection and noted upcoming plans for the intersection and sidewalk. 13 14 Councilmember Flaherty commented that the trailway on Silver Lake Road is open and that it is 15 already being used. He said there is still some landscaping to do, but it looks like it will be used 16 a lot in the future. He said the front yards and front of the trailway look very nice. 17 18 Mayor Marty noted that the Random Park building would be opening in mid-November. 19 Councilmember Gunn asked about the parking lot. Director Lee stated there have been some 20 flaws, but they are working with the contractor for corrections. 21 22 B. Reports of Staff 23 24 City Administrator Ulrich noted the City received 15 defibrillators. He said 11 of them are 25 portable and will be in every squad car, as well as four in buildings such as City Hall and the 26 Community Center. 27 28 City Administrator Ulrich stated police received a $25,000. grant from the Federal Dept of 29 Justice and they are looking at portable video monitoring that could be used in multiple locations 30 in areas that have crime problems. 31 32 Mayor Marty noted the defibrillators do not require a lot of training and can be used easily. 33 Ulrich added that the Police Chief is looking to make the City a heart-healthy community and 34 they are considering offering some CPR classes in the future. Mayor Marty stated the City was 35 supposed to receive them this year, but Medtronic had to re-program the machines to be current 36 with current requirements. 37 38 1. Community Development Quarterly Report 39 40 Director Ericson updated the Council on several projects and advised that while the Council 41 authorized a billboard on the Mermaid property, Clear Channel will not pursue erecting a 42 billboard on the property. He stated that Mr. Hall’s application for a hotel on the property has 43 been withdrawn, but he is still exploring a hotel or other development on the corner. He added 44 Mounds View City Council September 25, 2006 Regular Meeting Page 18 that there would need to be a CUP amendment for such another building. He stated there are 1 very specific land-uses for that property. 2 3 Director Ericson stated the billboard for SYSCO has been authorized. He explained that the 4 Council authorized a letter be sent to MNDot supporting tree removal and MNDOT has not 5 confirmed that Clear Channel can remove the trees. He stated as soon as it is approved, Clear 6 Channel would be coming back to the City with an application. 7 8 Director Ericson stated permits were issued for the SYSCO parking lot expansion, and that 9 everything should be complete in the next few weeks. He stated as of Sept 18th, the curbs were 10 installed and asphalt will be poured soon. 11 12 Director Ericson noted the bridge over 35W on County Road J was removed and should be back 13 up in June 2007. He stated updates will be available on the City’s website, as well as on MNDot 14 and Ramsey County’s websites. 15 16 Director Ericson said property owners on County Road 10 are hoping to donate a piece of 17 property to the City that may be used for an overlook. The City is currently looking at a 18 previous environmental analysis to determine if the City will need to do a further analysis. He 19 noted the analysis was done in 1996 and there has been no further modification to the property. 20 21 Director Ericson stated Silver Lake Ponds is not currently going to make any improvements or 22 enhancements and would like to lease the building before any improvements are made. He stated 23 they may go in a different direction if the building is not marketable. 24 25 Director Ericson said that Mounds View Square is undergoing major renovation and did apply 26 for a building permit. He said the renovation should be very nice and a major investment has 27 been made in the facility. 28 29 Director Ericson said Lets Get Graphic is moving into the building on the corner of Long Lake 30 Road and County Road 10, and that there were issues with Rice Creek Watershed, which had to 31 approve the garage. He noted the company should move in by the end of October. He noted the 32 building in the theater parking lot remains vacant. He stated he has made City Staff available to 33 help the owners find a tenant. 34 35 Director Ericson said there is a townhome development on County Road 10, for which the City 36 authorized for rezoning, and developers have six months to return with a preliminary site plan. 37 He stated site plans should be presented very soon so the City can go ahead with notifying 38 residents. He noted that the developers are returning to their original plan. 39 40 Director Ericson noted 390 County Road 10, the premium stop property, and that the building is 41 gone and the site has been seeded. He stated the City authorized Bonestroo to do a marketing 42 study and in about six weeks the City should be able to move forward with plans for 43 redevelopment. 44 45 Mounds View City Council September 25, 2006 Regular Meeting Page 19 Director Ericson stated a proposal is being presented to New Brighton for an asphalt plant that 1 would be built on the edge of Mounds View and Mustang Drive. He stated there is an 2 application to work with BelAir Excavating fore a dual-use property. He stated the company is 3 asking New Brighton for a CUP and Comprehensive Plan revision, and he suggested the Council 4 review the plan. 5 6 Councilmember Gunn asked if there would be propane in that area as well. Director Ericson 7 stated a propane gas plant has been requested in the same area, on the vacant Tyson lot. 8 Councilmember Gunn said that she is concerned about the smell from the property. 9 10 Mayor Marty stated he would like to send a letter from the Council about New Brighton’s plans 11 to push the developments against Mounds View. Director Ericson stated he is not sure New 12 Brighton supports the plan. He said it he would keep the Council informed about the proposal. 13 He stated it is a good idea for the City to have a position regarding the development. 14 15 Director Ericson stated there have been a lot of questions about the Harsted Townhome project. 16 He stated the 66 units may not be constructed in two years and there are no provisions requiring 17 the completion in a certain time frame. He stated that once there are two model homes 18 completed, interest in the development should increase, which will speed up the construction. 19 20 Director Ericson said the Rice Creek Watershed District recently approved a new design for a 21 ditch on County Road H2 and on Louisa. He stated it will be more aesthetically pleasing and 22 safe yet will still provide the same filtration. 23 24 Director Ericson stated Medtronic had a topping-off ceremony of the South building, which is 25 now complete from a structure standpoint. He gave the Council photos of the project and said 26 there have been no delays. 27 28 Director Ericson stated he was going to speak about residential accessory buildings, but given the 29 previous discussion, it was determined the Planning Commission and Council should discuss the 30 issue further. 31 32 Councilmember Stigney asked about the building where Lets Get Graphic will be housed and 33 why there is still a “For Lease” sign outside the building. Director Ericson stated it might be the 34 case that small spaces of the building may be available for lease. City Administrator Ulrich 35 stated it never hurts to have a continuing list of prospective tenants. 36 37 2. Edgewood Drive Sanitary Sewer Service Line 38 39 Director Lee explained that as part of an installation of the water line the contractor damaged the 40 sanitary sewer line. He noted the code enforcement officer has been in close contact with the 41 property owner and has been overseeing the cleanup of the area. He stated the damaged area has 42 been cleaned up and sanitized. He said the contents of the building have been removed and the 43 interior is being remodeled. He explained that the property owners would be moving back in 44 Mounds View City Council September 25, 2006 Regular Meeting Page 20 within the week. He said the property owners filed an insurance claim against the City and 1 contractor and the property owner’s attorney is in close contact with both. 2 3 Director Lee assured the Council that the City and contractor are working with the property 4 owner to resolve the issue. 5 6 Mayor Marty stated that news article stated the property owners might be out of their home for 7 five to six weeks. Director Lee stated that a week may be aggressive, but five to six weeks is a 8 long time. 9 10 Councilmember Flaherty stated he spoke with City Administrator Ulrich and felt the paper did 11 not “paint” the City is a positive light. He said that the contractor said there were no markings 12 for the sewer lines, and Councilmember Flaherty stated he wanted to ensure the record was 13 straight that it was marked. He stated the City’s priority is to take care of the property owners. 14 15 Mayor Marty stated there were photos of the street with the markings before the incident 16 happened. He stated what was told to the paper was not factually correct. Director Lee stated the 17 contractor did not have the documentation the City had, which the City forwarded to the 18 contractor. 19 20 C. Reports of City Attorney 21 22 City Attorney Riggs stated that an action was filed against one of the Councilmembers, which 23 implicate the City. He stated the matter has been entirely dismissed as of September 25, 2006. 24 He stated it dissolves the need for the executive session meeting, but it does bring up the issue 25 that the Council needs to have a way to respond to an issue of this nature. 26 27 City Attorney Riggs stated the attorney general opinion stated that when questions are brought 28 about regarding the Charter and whether a Councilmember can sit on the Charter Commission, it 29 falls to the City Attorney to determine and recommend action. 30 31 City Attorney Riggs stated the City has responded to the Attorney General, and based on the 32 response, the charge was dismissed. He stated he was preparing for a further response, but he is 33 currently not sure how to proceed given the developments. 34 35 City Attorney Riggs stated he is not sure if anything else will be filed, and he was not able to 36 determine officially if everything has been dismissed, but he is pretty sure everything has been 37 dismissed. 38 39 Mayor Marty stated one point in question is that the Charter states a person may not serve in an 40 elected capacity and also on a Commission in the City. He stated State Statue overrode that, but 41 in 2004, the State changed the laws stating that the Charter takes precedence. 42 43 Mounds View City Council September 25, 2006 Regular Meeting Page 21 City Attorney Riggs explained that in essence, there is a provision in the Charter that went into 1 effect in 1979 for which there was no authorization. He stated absent of the authority, there needs 2 to be a re-adoption of the provision. 3 4 Mayor Marty stated that for the City Charter to mean what it says, that part of the Charter needs 5 to be re-approved or re-authorized. City Attorney Riggs suggested it be re-approved and 6 clarified. He stated that the office is appointed by a district judge, not by the City. 7 8 City Attorney Riggs stated he could understand the argument both ways and that there is a lot of 9 latitude and should be clarified. He stated one option is for the City to refer this matter to the 10 Charter Commission for their recommendation. 11 12 Mayor Marty stated he did not know about the 2004 change until the issue was brought to his 13 attention. He stated the Charter needs to be referred back to the Commission for clarification. 14 15 Councilmember Flaherty commented that particularly because a ruling was not made, the 16 Council is back to square one. City Attorney Riggs replied that it does not stop future lawsuits. 17 He stated there have been numerous occasions when Councilmembers have also been Charter 18 Commission members. He said it has been acknowledged that that language does not apply over 19 the 27-year history. 20 21 Councilmember Stigney asked if the issue was being forwarded to the Charter Commission for 22 review, but asked if the Commission discussed it. City Attorney Riggs explained that the judge 23 asked for a response and that the issue was never brought up in the Commission. 24 25 Councilmember Stigney asked if it is the Attorney’s intention to forward something to the 26 Charter Commission. City Attorney Riggs suggested everything be forwarded to the Charter 27 Commission for review. He recommended starting with the Charter Commission, which could 28 then make a recommendation to the Council. 29 30 MOTION/SECOND: FLAHERTY/STIGNEY. To have City Attorney Riggs submit information 31 to the Charter Commission for review and to authorize follow-up action for any filings that need 32 to be completed. 33 34 Ayes - -- 4 Nays - -- 0 Motion carried. 35 36 MOTION/SECOND: STIGNEY/GUNN. To cancel holding an executive session. 37 38 Ayes - -- 4 Nays - -- 0 Motion carried. 39 40 12. Next Council Work Session: Monday, October 2, 2006, at 7 p.m. 41 Next Council Meeting: Monday, October 9, 2006, at 7 p.m. 42 Mounds View City Council September 25, 2006 Regular Meeting Page 22 1 13. ADJOURNMENT 2 3 The meeting was adjourned at 10:18 p.m. 4 5 Transcribed by: 6 7 Lauren McKay 8 TimeSaver Off Site Secretarial, Inc. 9 Item No. 11B1 Meeting Date: October 23, 2006 Type of Business: Reports WK: Work Session; PH: Public Hearing; CA: Consent Agenda; CB: Council Business Administrator Review:___ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Greg Lee, Director of Public Works Item Title/Subject: Discussion of Random Park Building Electrical Change - Addition of Wires and Switches to Allow for the Installation of Ceiling Fans Background: The Random Park building was originally constructed with the intention to be used as a three-season building. Discussion The Random Park building has a tall peaked ceiling. This type of ceiling makes providing an even heat throughout the building inefficient and difficult to achieve. Staff is recommending the addition of electrical lines and switches to provide power to two ceiling fans that could be added to the peak of the building. The cost for this electrical work is $1,070. The proposal would be to authorize the installation of the electrical lines and switches at this time, before the contractor completes the interior walls and sprays the ceiling. This item would come back to the City Council as an official change order at a later date. Staff would then purchase and install the fans. Since this building will be used extensively throughout the winter months, adding ceiling fans to the Random Park building should reduce the heating costs. As an additional benefit, ceiling fans would also reduce cooling costs during the summers months and provide even temperature control throughout the year. The contractor will be finishing the interior walls during the week of October 23rd. Should the City Council wish to install ceiling fans in the Random Park building, installing the wires at this time will allow them to be placed behind the walls and not be exposed. Recommendation: Staff is looking for direction on this matter. Specifically, Staff is looking for Council direction and input as to whether the City Council may want to authorize the contractor for the Random Park building to install electrical lines and switches to provide power for the installation of ceiling fans within the Random Park building. Respectfully Submitted, Greg Lee, Director of Public Works