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HomeMy WebLinkAboutAgenda Packets - 2004/01/12 CITY OF MOUNDS VIEW CITY COUNCIL MEETING AGENDA Monday, January 12, 2004 7:00 p.m. (Revised as of January 9, 2003) 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Linke, Quick, Marty, Stigney, Gunn 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. Senator Betzold and Representative Bernardy Presentation to Council. (no report) 7. JUST AND CORRECT CLAIMS 8. CONSENT AGENDA A. Resolution 6170 Approve L.E.L.S., Local No. 232 (Police Sergeants) 2003 Labor Agreement B. Resolution 6161 Approving a Contract Award to Bonestroo, Rosene, Anderlik, & Associates (BRAA) to assist the City in Conducting a Water Vulnerability Assessment and Updating the Emergency Response Plan C. Resolution 6162 Appointing Planning and Park and Recreation, and Police Civil Service Commissioners and Chairpersons D. Set a Public Hearing for 7:05 pm, Monday, January 26, 2004, for the First Reading and Introduction of Ordinance 725 Amending the Zoning Code to establish an Administrative Variance Approval Process. E. Set a Public Hearing for 7:10 pm, Monday, January 26, 2004, for the First Reading and Introduction of Ordinance 726 Amending the Zoning Code Regarding Temporary Outdoor Structures in a Residential District F. Resolution 6163 Approving the Purchase of a Replacement Dump Truck G. Resolution 6171 Approving the Purchase of a Replacement ½ Ton 4X4 Pick Up Truck H. Resolution 6065 Approving a Permit Application for CLIMB (Creative, Learning, Ideas for Mind and Body), a charitable organization to conduct Charitable Gambling at Robert’s off 10 located in the City of Mounds View. I. Set a Public Hearing for 7:05 pm, Monday, February 9, 2004, for the First Reading and Introduction of Ordinance 729, Setting Sanitary Sewer Rates for Service in 2004. City Council Meeting January 12, 2004 Page 2 9. COUNCIL BUSINESS A. 7:10 PM: Public Hearing, First Reading and Introduction of Ordinance 728, An Ordinance authorizing the City Council to set Storm Water Management Fees for service in 2004. B. 7:15 PM: Public Hearing and Consideration of a Preliminary Plat for the Longview Estates Major Subdivision C. Resolution 6154 appointing MMKR to provide auditing services for the Year Ended December 31, 2003 D. Resolution 6155, Selection of Official City Newspaper, Acting Mayor, Treasurer, and Official Depositories for 2004. E. Resolution 6156 Appointing City Council Members and City Staff as Representatives for City Commissions and other organizations F. Resolution 6157 Approving the Timesaver Recording Secretary Contract Extension for 2004 G. First Reading and Introduction of Ordinance 727, an Ordinance Amending Section 1006.07 of the Municipal Code Pertaining to Enforcement of Conditions of Development. H. Resolution 6159 Consider 2004 City of Mounds View Fee Schedule. I. Resolution 6160 Approving the Room Policies for the Gymnasium & Other Areas of the M.V. Community Center managed by the YMCA J. Resolution 6158 Step Increase for Greg Lee, Mary Burg, Aaron Backman and Mike Sommer. 10. APPROVAL OF MINUTES A. December 8, 2003 City Council Meeting. 11 REPORTS A. Reports of Mayor and Council B. Reports of Staff- C. Reports of City Attorney 12. Next Council Work Session: February 2, 2004 Next Council Meeting: January 26, 2004 Item No: 08C Meeting Date: 01/26/04 Type of Business: CA City Administrator Review: ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Kurt Ulrich, City Administrator Item Title/Subject: Resolution 6170 Approval of LELS Local 232 (Police Sergeants) 2003 Labor Agreement This item will be discussed at the 630pm Executive Session. Background: Pursuant to the discussion at the January 5, 2004 Council Executive session, the following contract terms have been negotiated: 1. The duration of the contract shall be one year, calendar year 2003. 2. A general 3% wage increase effective 1/1/03. 3. Replace ARTICLE 15.3 with the following: For the year 2001 the Employer will contribute $448.68 for family coverage. For the year 2002 the Employer will contribute $547.39 for family coverage. For the year 2003 the Employer will contribute $557.55 for family coverage. 4. ARTICLE 17 UNIFORMS The City shall provide a uniform allowance of $590.00 for 2001, $610.00 for 2002, and $630.00 for 2003. 5. ARTICLE 20 SEVERANCE PAY 20.1 Severance pay shall be granted in the amount of fifty percent (50%) of unused sick leave to employees hired after February 1, 2004, who have completed ten years of service and retire. Upon death of the employee, the beneficiary of the employee shall be paid the benefit. 20.2 Employees who have are employed by the City as of January 1, 2004, and have completed ten years of service and retire on or before December 31, 2006 shall have the employer use sixty-five percent (65%) of the employee’s accumulated and banked sick leave for the retiree’s group insurance premium for as long as the funds are available up to the retiree’s 65th birthday. Employees assuming the rank of Sergeant after February 1, 2004, who have completed ten years of service and retire may elect, in lieu of severance pay provided in Section 23.1, to have the employer use sixty-five percent (65%) of the employee’s accumulated and unused sick leave for the retiree’s group insurance premium for as long as the funds are available up to the retiree’s 65th birthday. Note: The window for the incumbent employees to utilize the banked sick leave benefit has been extended to encompass the employee’s birthday and likely retirement date in 2006. The cash option has been eliminated for the two incumbent employees, because both intend to take the health insurance severance benefit. All other items are the same as approved for the 2003 LELS Police Officers Union Contract, with the exception of the severance provision covered under number 5 above. Recommendation: It is recommended that the City Council approve the attached Resolution approving the Police Sergeants contract for 2003. RESOLUTION NO 6170 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVAL OF THE L.E.L.S., LOCAL 232 (POLICE SERGEANTS) 2003 LABOR AGREEMENT WHEREAS, the City Council of the City of Mounds View does hereby ratify the L.E.L.S. Local 32 (Police Sergeants) Contract for the year 2003, with the following amendments: 1. The duration of the contract shall be one year, calendar year 2003. 2. A general 3% wage increase effective 1/1/03. 3. Replace ARTICLE 15.3 with the following: For the year 2001 the Employer will contribute $448.68 for family coverage. For the year 2002 the Employer will contribute $547.39 for family coverage. For the year 2003 the Employer will contribute $557.55 for family coverage. 4. ARTICLE 17 UNIFORMS The City shall provide a uniform allowance of $590.00 for 2001, $610.00 for 2002, and $630.00 for 2003. 5. ARTICLE 20 SEVERANCE PAY 20.1 Severance pay shall be granted in the amount of fifty percent (50%) of unused sick leave to employees hired after January 1, 2004, who have completed ten years of service and retire. Upon death of the employee, the beneficiary of the employee shall be paid the benefit. 20.2 Employees who have are employed by the City as of February 1, 2004, and have completed ten years of service and retire on or before December 31, 2006 shall have the employer use sixty-five percent (65%) of the employee’s accumulated and banked sick leave for the retiree’s group insurance premium for as long as the funds are available up to the retiree’s 65th birthday. Employees assuming the rank of Sergeant after February 1, 2004, who have completed ten years of service and retire may elect, in lieu of severance pay provided in Section 23.1, to have the employer use sixty-five percent (65%) of the employee’s accumulated and unused sick leave for the retiree’s group insurance premium for as long as the funds are available up to the retiree’s 65th birthday. Resolution 6170 Page 2 NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Mounds View, does hereby ratify the L.E.L.S. Local 232 (police Sergeants) Contract for the year 2003, with the aforementioned amendments. Adopted this 26th day of January 2004. ________________________________ Jerry Linke, Mayor ATTEST: ______________________________ Kurt Ulrich, City Administrator (seal) Item No. 8B Meeting Date: January 12, 2004 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 No. 6161 Approving a Contract Award to Bonestroo, Rosene, Anderlik, & Associates (BRAA) to assist the City in Conducting a Water Vulnerability Assessment and Updating the Emergency Response Plan Background: On June 12, 2002, the Public Health Security and Bioterrorism Preparedness and Response Act became law. This new legislation, enforced by the United States Environmental Protection Agency (USEPA), requires all community water systems serving more than 3,300 people to conduct a Vulnerability Assessment. This requirement was designed to help water systems evaluate susceptibility to potential threats and identify corrective actions that can reduce or mitigate the risk of serious consequences from adversarial actions (e.g., vandalism, insider sabotage, terrorist attack, etc.). In addition to conducting the Vulnerability Assessment, communities with water systems serving over 3,300 people will also be required to update their Emergency Response Plan (ERP). The Vulnerability Assessment must be completed and submitted by June 30, 2004. The update of the Emergency Response Plan (ERP) must be completed six months after the submission of the Vulnerability Assessment. Discussion: To assist the City in conducting the Vulnerability Assessment (VA) and updating the Emergency Response Plan (ERP), Staff contacted several firms that specialize in this activity. These were: Bonestroo, Rosene, Anderlik, and Associates (BRAA), Liesch Associates, Inc, and TKDA Engineering. Staff interviewed each firm to determine their ability to assist the City. These firms then submitted final proposals. A cost summary follows: VA ERP TOTAL BRAA Engineers $9,900 $2,500 $12,400 Liesch Associates Inc. $12,494 $4,250 $16,744 TKDA Engineering $9,600 Did Not Submit Both BRAA Engineers and Liesch Associates, Inc. did an excellent job in demonstrating their ability to accommodate and assist the City in performing the Vulnerability Assessment (VA) and updating the Emergency Response Plan (ERP). It is Staff’s opinion that TKDA Engineering was not adequately prepared to assist the City, nor was a proposal for updating the Emergency Response Plan submitted. For these reasons, Staff is recommending approval of a contract with BRAA to assist the City in conducting a Water Vulnerability Assessment and updating the Emergency Response Plan in the amount of $12,400. The 2004 Enterprise Fund, Water Infrastructure & Equipment Department, Professional Service Account (Account 700-4823-3030) has $12,000.00 budgeted for this project. Any overrun, if encountered, will be derived from the Water Infrastructure & Equipment Department Contingency Account (700-4823- 9100). The approved 2004 budget has a total of $15,000 dedicated to this account. Recommendation: It is recommended that the City Council adopt the attached resolution approving a Contract Award to Bonestroo, Rosene, Anderlik, and Associates (BRAA) to assist the City in conducting a Water Vulnerability Assessment and updating the Emergency Response Plan. Respectfully Submitted, Greg Lee, Director of Public Works RESOLUTION NO. 6161 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING A CONTRACT AWARD TO BONESTROO, ROSENE, ANDERLIK, AND ASSOCIATES (BRAA) TO ASSIST THE CITY IN CONDUCTING A WATER VULNERABILITY ASSESSMENT AND UPDATING THE EMERGENCY RESPONSE PLAN WHEREAS, on June 12, 2002, the Public Health Security and Bioterrorism Preparedness and Response Act became law; and WHEREAS, said legislation, enforced by the United States Environmental Protection Agency (USEPA), requires all community water systems serving more than 3,300 people to conduct a Vulnerability Assessment and to update their Emergency Response Plan (ERP); and WHEREAS, Staff contacted several firms that specialize in this activity; and WHEREAS, Staff is recommending approval of a contract with BRAA to assist the City in conducting a Water Vulnerability Assessment and updating the Emergency Response Plan in the amount of $12,400; and WHEREAS, the approved 2004 Enterprise Fund, Water Infrastructure & Equipment Department, Professional Service Account (Account 700-4823-3030) has $12,000.00 budgeted for this project. Any overrun, if encountered, will be derived from the Water Infrastructure & Equipment Department Contingency Account (700-4823-9100). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota as follows: 1. The Mounds View City Council approves a contract with Bonestroo, Rosene, Anderlik, and Associates (BRAA) in the amount of $12,400 to assist the City in Conducting a Water Vulnerability Assessment and Updating the Emergency Response Plan. 2. The Mayor and City Administrator are approved to execute any and all necessary contracts. Adopted this 12th day of January 2004. (ATTEST) ____________________________________ Jerry Linke, Mayor (SEAL) ____________________________________ Kurt Ulrich, City Administrator Item No: 8D Meeting Date: Jan 12, 2004 Type of Business: Consent Administrator Review : _______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Jim Ericson, Community Development Director Item Title/Subject: Set a Public Hearing for 7:05 pm, Monday, January 26, 2004, for the First Reading and Introduction of Ordinance 725 Amending the Zoning Code to establish an Administrative Variance Approval Process. Background: The Planning Commission is proposing an amendment to the Zoning Code that would create an administrative variance review procedure. Such a procedure would reduce the cost and the amount of time needed to process minor variance requests for residents. The ordinance is under consideration due to the large number of variance requests that are received and processed by the city. Discussion The administrative variance process would allow the Community Development Director to grant variances for properties zoned R-1 or R-2, where the request is pertaining to setbacks and is within twenty-five (25) percent of code. The request cannot create a setback of less than five (5) feet. The proposed process for approval of an administrative variance would be three-fold. The Community Development Director will review the request. If the Director chooses to approve, the adjacent neighbors and the Planning Commission will have a chance to review the approval and have the right to overturn the decision if they disagree with administrative approval. If the request was denied or overturned, the applicant would be able to request a formal variance from the Planning Commission. The fee for administrative variances will be set in the fee schedule. The proposed fees would be seventy-five ($75) dollars for an administrative variance request and an additional one hundred ($100) dollars if a formal variance becomes necessary. Recommendation: The request is to set the public hearing and first reading of the amendment for Monday, January 26, 2004. Respectfully submitted, ________________________ James Ericson Community Development Director 763-717-4021 Item No: 8E Meeting Date: Jan 12, 2004 Type of Business: Consent Administrator Review : _______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Jim Ericson, Community Development Director Item Title/Subject: Set a Public Hearing for 7:10 pm, Monday, January 26, 2004, for the First Reading and Introduction of Ordinance 726 Amending the Zoning Code to Permit Temporary Structures in residential Districts The following is provided for the Council’s information—discussion is not requested. Background: The Planning Commission is proposing an amendment to the Zoning Code that would allow temporary outdoor tents, carports, canopies, etc., for periods not to exceed six months. The ordinance is under consideration due to the number of such temporary structures already present within the community and to formalize the regulations pertaining to them. Presently, temporary structures are not allowed to be used as permanent storage and coverage. The zoning code states, “Accessory buildings shall have a weather resistant, treated or finished exterior. Structures composed of tubular metal and canvas or exposed plywood, particle board or similar materials shall not be permitted.” There are circumstances however when allowing such a temporary structure would be desirable, such as during a construction project or if a garage were being replaced and the contents needed to be temporarily protected from the elements. The proposed amendment considered by the Planning Commission includes the following provisions: • Temp Structures allowed with Zoning Permit ($25) • Duration not to exceed six months per calendar year • Min setback of five feet, not permitted in front yard • If used to cover a vehicle, parking requirements shall be satisfied • Max square footage 288, only one temp structure allowed per lot • Total area of outbuildings cannot exceed 1800 square feet • Maintenance and upkeep required, durable, reinforced materials required Recommendation: The request is to set the public hearing and first reading of the amendment for Monday, January 26, 2004. ________________________ James Ericson Community Development Director 763-717-4021 Item No. 8F Meeting Date: January 12, 2004 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 No. 6163 Approving the Purchase of a Replacement Dump Truck Background: In 1989, the City purchased a Ford L-8000 Series Dump Truck. This Dump Truck has been used to perform many routine Public Works duties such as snow removal, ice control, hauling of material and debris, street maintenance activities such as asphalt paving, and towing equipment trailers. The City has a practice of replacing dump trucks on a fifteen-year cycle. Many, if not most, municipalities and other government agencies have chosen shorter life cycles for dump trucks, typically 10 to 12 years. Staff will be reviewing the increased service and repair costs and the decreased trade-in value experienced in the last three years to determine the most cost effective life cycle. As a note, the transmission of this truck failed in late December of 2003 and was replaced with a rebuilt transmission costing nearly $5,000. Discussion: Given the age and increased maintenance necessary, this truck is no longer cost effective and has therefore reached the end of its economically useful life cycle. This dump truck was scheduled for replacement in 2004 and monies have been allocated in the 2004 budget for its replacement. Staff is recommending that the truck be traded in and replaced with a similar truck with similar equipment and options. Ford no longer produces the 8000 series truck; it has been replaced with Sterling brand trucks. These can be purchased under state contract, foregoing the requirement of acquiring additional bids. A 2004 Sterling brand dump truck can be purchased from Boyer Ford under state contract for $56362.00. Tax, license, and transfer fees would cost an additional $3,663.53. The existing 1989 truck is currently in a usable condition and retains a salvage value due to the City’s extensive maintenance program and recently replaced transmission. The trade-in amount offered by Boyer Ford is $14,000.00. In addition to the truck itself, additional equipment and options are necessary to fully utilize this truck. These include: a dump body, front plow, wing plow, snow plowing light package, and controls. These options can also be purchased under state contract, again foregoing the requirement of acquiring additional bids. These items can be purchased and installed by J-Craft Company under state contract for $50,593.00. Tax would cost an additional $3,288.55. A summary of the proposed truck replacement is as follows: • 2004 Sterling Dump Truck $56,362.00 • Tax, License, and Transfer Fees $ 3,663.53 Subtotal $60,025.53 • Equipment and Options $50,593.00 (dump body, plows, lights, controls, etc) • Tax, License, and Transfer Fees $ 3,288.55 Subtotal $53,881.55 • Dump Truck and Equipment Total $113,907.08 • Trade-In of 1989 Truck ($14,000.00) TOTAL $99,907.08 The 2004 General Fund, Snow and Ice Department, Vehicle Account (Account 100-4472-7040) has $115,000.00 budgeted for this dump truck purchase. Recommendation: Staff recommends that the City Council approve the purchase of a 2004 Sterling Dump Truck under state contract and award a contract to Boyer Ford in the amount of $60,025.53 for the purchase of this truck, including tax, license, and transfer fees. Staff also recommends that the City Council approve the purchase of equipment and options for the 2004 Sterling Dump Truck including a dump body, plows, lights, and controls under state contract and award a contract to J-Craft Company in the amount of $53,881.55 for the purchase and installation of these items including tax. Finally, Staff recommends that the City Council approve the trade-in of the 1989 Ford 8000 Series Dump Truck to Boyer Ford at a credited value of $14,000.00. Including tax, license, and transfer fees, this represents a final net City cost of $99,907.08 to replace the 1989 dump truck. Respectfully Submitted, Greg Lee, Director of Public Works RESOLUTION NO. 6163 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING THE PURCHASE OF A REPLACEMENT DUMP TRUCK WHEREAS, the City Council previously approved the purchase of a 1989 Ford 8000 Series Dump Truck; and WHEREAS, said dump truck has been in use for fifteen years and has reached its economically useful life; and WHEREAS, Ford no longer produces the 8000 series truck; they have been replaced with Sterling brand trucks; and WHEREAS, a 2004 Sterling brand dump truck can be purchased from Boyer Ford under state contract for $56,362.00. Tax, license, and transfer fees would cost an additional $3,663.53; and WHEREAS, the existing 1989 truck retains a salvage value and a trade-in amount offered by Boyer Ford is $14,000.00; and WHEREAS, additional equipment and options such as a dump body, front plow, wing plow, snow plowing light package, and controls are necessary to fully utilize truck; and WHEREAS, said equipment and options can also be purchased under state contract and installed for $50,593.00 by J-Craft Company. Tax would cost an additional $3,388.55; and WHEREAS, the 2004 General Fund, Snow and Ice Department, Vehicle account, (Account 100-4472-7040) has $115,000.00 budgeted for this dump truck purchase; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota as follows: 1. The purchase of a 2004 Sterling Dump Truck under state contract is approved. 2. A contract to Boyer Ford in the amount of $60,025.53 for the purchase of said truck, including tax, license, and transfer fees is awarded. 3. The purchase of equipment and options for the 2004 Sterling Dump Truck including a dump body, plows, lights, and controls under state contract is approved. 4. A contract to J-Craft Company in the amount of $53,881.55 for the purchase and installation of said equipment and options is awarded. 5. The trade-in of the 1989 Ford 8000 Series Dump Truck to Boyer Ford at a credited value of $14,000.00 is approved. 6. Including tax, license, and transfer fees, this represents a final net City cost of $99,907.08 to replace the 1989 dump truck. Adopted this 12th day of January 2004. (ATTEST) ____________________________________ Jerry Linke, Mayor (SEAL) ____________________________________ Kurt Ulrich, City Administrator Item No. 8G Meeting Date: January 12, 2004 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 No. 6171 Approving the Purchase of a Replacement ½ Ton 4X4 Pick Up Truck Background: In 1994, the City purchased a Ford F-150 Series ½ Ton Pick Up Truck. This pick up truck was originally purchased as the Public Works Director’s vehicle to use for City business. As duties and responsibilities changed in the Public Works Department, the vehicle was reassigned to the mechanic. Here it has been used for picking-up of parts and materials, transporting people and material, and responding to on-site mechanical failures. The City has a practice of replacing light duty trucks, including pick up trucks, on a ten-year cycle. The replacement practice for light duty trucks has been as follows: When a light duty truck becomes tens years old, a new truck with similar or exacting specifications is purchased. In an effort to maximize the full potential and usage of the light duty truck fleet, the ten-year old truck is not traded in. Instead, it is compared to other light duty trucks the City owns that are older than ten years of age. The City then selects the truck from this group that has the least value for the City and trades it in. By using this trade in method, the City maximizes the use of each light duty truck. Discussion: This pick up truck was scheduled for replacement in 2004 and monies have been allocated in the 2004 budget for its replacement. (Account # 100-4470-7030) Staff is recommending that Unit No. 131 in the Pavement Management Division be replaced with a similar truck, with similar equipment and options and that Unit No.121, a 1989 Chevrolet 4x4 be traded in at the next available opportunity. A 2004 ½ Ton Ford F-150 4X4 can be purchased from Superior Ford under state contract, foregoing the requirement of acquiring additional bids, for $23,588.00. Tax, license, and transfer fees would cost an additional $1,533.22. The truck that will be traded in is Unit No.121, a 1989 Chevrolet 4X4. It is currently in a usable condition and retains a salvage value due to the City’s extensive maintenance program. This truck will go to the Government Auction as soon as the City acquires the new replacement truck. In addition to the truck itself, additional equipment and options are necessary to fully utilize truck. These include: a safety cab protector (back rack), strobe light, and “City of Mounds View” logos. These items can be purchased for $314.50. Tax would cost an additional $20.44. A summary of the proposed truck replacement is as follows: • 2004 ½ Ton 4X4 Ford F-150 Pick Up Truck $23,588.00 • Tax, License, and Transfer Fees $ 1,533.22 Subtotal $25,121.22 • Equipment $314.50 ( • Tax, License, and Transfer Fees $ 20.44 Subtotal $334.94 • Sub – Total $25,486.16 • Trade-In of 1989 Truck ($1500.00) (telephone quote estimate) NET TOTAL $23,986.16 The 2004 General Fund, Pavement Management, Vehicle Account (Account 100-4470-7030) has $24,000.00 budgeted for this pick up truck purchase. Recommendation: Staff recommends that the City Council approve the purchase of a 2004 Ford F- 150 Series 4X4 ½ Ton Pick Up Truck under state contract and award a contract to Superior Ford in the amount of $25,121.22 for the purchase of this truck, including tax, license, and transfer fees. Staff also recommends that the City Council approve the purchase of equipment for the 2004 Ford F-150 Series 4X4 ½ Ton Pick Up Truck from Crysteel Truck Company in the amount of $334.94, including tax. Finally, Staff recommends that the City Council approve the disposal of Unit No.121, a 1989 Chevrolet 4X4 Pick Up truck, via Government Auction, as soon as the above mentioned truck is put into service. The trade-in amount is estimated to be $1,500.00 to $2,000.00. Amount sold for at Government Auction is not established until date of sale. The city can put a “reserve” on the truck to guarantee the sale of no less than $1,500.00. That is the amount that has been deducted for a net total. Including tax, license, and transfer fees, this represents a final net City cost of $23,986.16 to replace the 1994 pick up truck. Respectfully Submitted, Greg Lee, Director of Public Works RESOLUTION NO. 6171 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING THE PURCHASE OF A REPLACEMENT 1/2 Ton 4X4 PICK UP TRUCK WHEREAS, the City Council previously approved the purchase of a 1994 Ford F-150 Series ½ Ton Pick Up Truck; and WHEREAS, said pick up truck has been in use for ten years and is scheduled for replacement; and WHEREAS, said truck can be replaced with a similar specification truck; and WHEREAS, a 2004 Ford F-150 Series 4X4 ½ Ton Pick Up Truck can be purchased from Superior Ford under state contract for $23,588.00. Tax, license, and transfer fees would cost an additional $1,533.22; and WHEREAS, the existing Unit No.121, a 1989 Chevrolet 4x4, can be disposed of via auction at the next available opportunity retains an estimated salvage / trade-in value of $1,500.00; and WHEREAS, additional equipment such as a safety cab protector and strobe lights are necessary to fully utilize said truck; and WHEREAS, said equipment can be purchased from Crysteel Truck Company for $3,14.50. Tax would cost an additional $20.44; and WHEREAS, the 2004 General Fund, Pavement Management, Vehicle Account (Account 100-4470-7030) has $24,000.00 budgeted for this pick up truck replacement purchase. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View, Ramsey County, Minnesota as follows: 1. The purchase of a 2004 Ford F-150 Series 4X4 ½ Ton Pick Up Truck is hereby approved. 2. A contract to Superior Ford in the amount of $25,121.22 for the purchase of said truck, including tax, license, and transfer fees is awarded. 3. The purchase of necessary equipment for the Ford F-150 Series 4X4 ½ ton truck is hereby approved. 4. A contract to Crysteel Truck Company for said equipment in the amount of $334.94 including tax is hereby approved. 5. The trade-in / salvage / disposal of the existing Unit No.121, a 1989 Chevrolet 4x4 pick up, at a Government Auction at the next available opportunity is hereby authorized. 6. The existing Unit No.121, a 1989 Chevrolet 4x4 Pick Up has an estimated trade-in / salvage value of $1,500.00. 7. Including tax, license, and transfer fees, this represents a final net City cost of $23,986.16 to replace the 1994 pick up truck. Adopted this 12th day of January 2004. (ATTEST) ____________________________________ Jerry Linke, Mayor (SEAL) ____________________________________ Kurt Ulrich, City Administrator Item No: 9B Meeting Date: Jan 12, 2004 Type of Business: PH & CB Administrator Review: _____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, Community Development Director Item Title/Subject: Public Hearing And Consideration of a Preliminary Plat for the Proposed Longview Estates Major Subdivision; Planning Case MA03-001 Introduction: Eichi, Inc., represented by Martin Harstad, has submitted an application for a major subdivision of the land between Silver Lake Road and Longview Drive, north of Woodcrest Park and south of County Road H2. The proposed subdivision would create 15 lots from the wooded, 7.14- acre parcel, of which half is delineated wetland. Eight lots would take access from Longview Drive and seven lots would access Silver Lake Road. All of the proposed lots satisfy the City’s expanded subdivision requirements within a wetland zoning district (Section 1010.07, Subd. 3). In addition to Rice Creek Watershed District approval, the proposed subdivision would necessitate wetland alteration permit approval by the City Council. A public hearing has been advertised for this meeting and notices were delivered to all registered property owners within 350 feet of the Longview Estates parcel. Previous Submittal: The City processed a request for a major subdivision of this land in 2001, ultimately denying a variance and the subdivision as not conforming to the City’s subdivision standards. The original submission contemplated an eleven-lot development with each lot fronting Longview Drive. No lots were platted fronting Silver Lake Road. The issue with the original plat was that in a wetland district, there are minimum lot widths that exceed the standard widths, such that instead of eleven possible lots, only eight were allowable. The applicant applied for a variance which was denied due to lack of perceived hardship. Finally, the plat was revised to show 26 lots, well in excess of what is allowed, and the plat was denied. Discussion: The area known as Longview Estates is zoned R-1, Single Family Residential. The proposed subdivision would be consistent with the existing zoning of the property. All the lots shown on the preliminary plat satisfy the minimum requirements of 125-foot lot width and 20,000 square foot lot area. Of the 15 proposed lots, nine would require filling of wetlands to create a building pad. On lots where no wetland fill is proposed, most of the land available beyond the building pad would be utilized for wetland mitigation purposes. No proposed home would have any significant backyard area except Lots 1 and 2, which would have 30 feet of filled wetland backyard. Many of the homes would be 15 feet or less from the delineated wetlands or mitigated wetlands. Longview Estates Council Report January 12, 2004 Page 2 Planning Commission Action: The Planning Commission held a public hearing on November 5th which was continued to the November 19th meeting. The residents who spoke at the public hearing were opposed to the development, many stressing the hydrological conditions of the site and the potential impact of the development. Others were concerned about the traffic impacts of the proposed 15-lot subdivision. Some Longview Drive residents questioned the suitability of the soils for construction and what the potential impacts would be from the extensive fill brought onto the site. Many echoed concerns regarding the loss of wildlife habitat and a complete deforestation of the wooded site. A final issue was raised concerning liability, insofar as who would be responsible if basements flooded or if other damages occurred. (While certain provisions can be addressed in the development agreement, it would be difficult to hold the developer responsible for pre-existing conditions such as wet basements, since some property owners have already reported wet basements. The City Attorney can further address issues regarding developer liability and financial guarantees.) The Planning Commission directed staff to draft a resolution recommending denial on the basis that the applicant had not submitted sufficient documentation to demonstrate that the proposed subdivision was feasible from a hydrological and engineering perspective. On December 3, 2003, the Planning Commission approved Resolution 745-03, a resolution recommending denial of the subdivision. Legal Response: The City Attorney has indicated that if a proposed preliminary plat satisfies the City’s zoning and subdivision regulations and requirements, the preliminary plat should be approved. The preliminary plat approval, however, can and should be conditioned upon the applicant obtaining the necessary permits and approvals to ensure that the proposed lots are buildable and that the development does not degrade the wetlands or area hydrology. In this case, the subdivision will require Rice Creek Watershed District permit approval, City of Mounds View wetland alteration permit approval, acceptable soil borings and analyses, dedication of easements, installation of pedestrian trails and payment of the code-required park dedication fee, etc. Other conditions may be necessary to ensure that the development contemplated by the preliminary plat satisfies all appropriate codes, regulations and requirements. Approving the preliminary plat does not obligate the City to approve the final plat unless all of the imposed conditions have been addressed to the Council’s reasonable satisfaction. Comprehensive Plan: The Comprehensive Plan Future Land Use Map designates the Longview Estates parcel as single family detached. While this designation is consistent with the proposed subdivision, one of the stated goals under the land use component of the Comprehensive Plan is to “Ensure that community development is compatible with features of the natural environment and is accommodated without destroying desirable environmental features and natural amenities.” A subdivision should be accomplished with as little impact and alteration as possible. Local Water Management Plan: Also known as the City’s Surface Water Management Plan, this planning document guides the City in regards to drainage and stormwater management. The plan, which is in the midst of being updated, did not contemplate any development on this site. The City’s engineering consultant, SEH, indicates that careful consideration will need to be given to ensure the subdivision and future development does not cause unintended adverse hydrological impacts. SEH will review any and all engineering and hydrology analyses produced and submitted by the applicants and may perform its own analysis to ensure plan compliance. Longview Estates Council Report January 12, 2004 Page 3 Easements: The City’s Subdivision Code requires that plats dedicate perimeter drainage and utility easements for each lot in the subdivision, and dedicate easements for all wetlands, stormwater holding ponds and interior drainageways associated with the development. This plat does dedicate the necessary perimeter, ponding and wetland easements Park Dedication Requirements: The Subdivision Code indicates that any subdivision of land is subject to a park dedication fee. In this case, the fee is equal to 10% of the market value of the land. While Ramsey County assessed values are often utilized to establish the land value, staff would recommend the City Council require a professional appraisal to determine an appropriate value under the current development proposal. (Section 1204.02, Subd. 2 of the Mounds View City Code allows the Council to require a professional appraisal to establish land value.) Utilities: All utilities to the site would need to be installed underground, per Section 1203.10. Water and sanitary utility stubs have already been installed to serve homes on Longview Drive. (Ten services were installed on the west side of Longview Drive when the street was constructed in 1966.) Water and sanitary sewer services are NOT available on the Silver Lake Road side of the development and in all likelihood, new main lines would need to be installed in the Silver Lake Road (County) right of way. Telephone, electric and cable would also need to be installed underground if utility poles are not already present on the site. If poles are present, services from the poles would be undergrounded. Traffic: the amount of daily vehicle trips will increase on both Longview Drive and Silver Lake Road as a result of this subdivision. The volume on Longview Drive would more than likely increase by nearly 100 percent. While this may seem excessive, the traffic volume generated by this development would be less than what was originally anticipated when the street was constructed. (Eight lots are currently proposed; ten lots were originally anticipated.) This may be of little consolation however to the residents of Longview who, up to this point, have enjoyed minimal traffic levels on their street. Traffic on Silver Lake Road is already heavy, yet the additional volume generated by the seven lots will not cause any degradation in service level or result in any measurable increase in congestion. The Ramsey County Traffic Engineer has indicated that while they (the County) are not in favor of the proposed subdivision, they are not in a position to deny access to Silver Lake Road. Admittedly, adding seven driveways to a busy arterial with vehicles traveling at 40 plus miles an hour is not ideal; however two things can be done to mitigate the dangers associated with taking access from Silver Lake Road: (1) All properties taking access from Silver Lake Road shall have driveways that have perpendicular stubs (“T”s) to enable residents to pull onto the street in a forward motion rather than having to back onto the roadway. (2) Assuming the lot configurations remain as currently presented, the driveways serving Lots 9 and 10 and the driveways serving Lots 14 and 15 shall be combined to reduce the number of access points onto Silver Lake Road from seven to five. The homes on these lots would need to be constructed such that the garages were side by side. Longview Estates Council Report January 12, 2004 Page 4 Vegetation: The seven acre site is heavily wooded and acts as a significant wind break and buffer to the homes on the east side of Longview Drive. The current proposal would require the removal of virtually every tree outside of the wetlands, as well as many of the trees within the wetlands. While the City does not have a tree preservation ordinance or tree replacement policy that would protect or preserve some of the trees, the City can require that grading activity be prohibited within its right of way to every extent possible. Only grading for the installation of driveways should be permitted in the City’s right of way. To ensure that trees are not inappropriately removed, the Council may require as a condition of preliminary plat approval that the applicant submit a tree inventory of significant trees (the City Forester will make the determination as to what constitutes a “significant” tree) prior to final plat approval. Trailways: The City’s policy is to require the project’s developer to install any necessary sidewalks and trailways in conjunction with the project construction. While the Comprehensive Plan indicates that a trailway is needed on Silver Lake Road, the City Council will need to determine whether a trailway should be included as a condition of preliminary plat approval. Given that there are no sidewalks or trails on Silver Lake Road in this area, such an installation would be beneficial and would allow the new residents on Silver Lake Road to walk safely north to County Road H2 or south to the trails in Woodcrest Park and beyond to County Road H. Hydrology: Approximately fifty percent of the Longview Estates site is delineated wetland, so hydrology concerns are paramount and will need to be thoroughly reviewed before development can be approved. One such opportunity for review is addressed in Section 1010 of the City Code which requires a wetland alteration permit if any work is proposed within a wetland. (The standards for alteration permit review are attached for the Council’s reference.) The developer shall apply for a city wetland alteration permit as a condition of preliminary plat approval and shall receive approval of said permit before the final plat can be considered. In addition, because of the size of the site and the presence of the wetlands, Rice Creek Watershed District will need to review the proposed subdivision. The developer, as a condition of preliminary plat approval, shall also apply for a receive approval of a Watershed permit before the final plat can be reviewed. The final plat shall reflect all changes required by the watershed district. Soils: Much public discussion has been focused on the soil composition of the site and its suitability for residential development. The applicant has stated that there would be a need to excavate the organic soil and replace it with a more suitable material. It is uncertain how much earth will need to be excavated to create buildable pads which is why soil borings will need to be performed (at least one boring per lot.) The soil boring data will need to be submitted in concert with the wetland alteration permit application for review by the City’s engineer. Longview Estates Council Report January 12, 2004 Page 5 Recommendation: Hold the public hearing and discuss the proposed preliminary plat and the associated issues surrounding the subdivision. As was stated above, the preliminary plat satisfies the expanded minimum zoning and subdivision requirements. While the Planning Commission has made a recommendation of denial, the City Attorney recommends that the preliminary plat should be approved because it does meet the City’s requirements; however the approval should be conditioned upon the applicant’s satisfaction of other permits, applications and code requirements. Keeping in mind the City Attorney’s comments, there are three options available to the Council regarding this preliminary plat application: 1. Review the request and take no immediate action. This option may be preferable if the intent is to allow for additional public comment into the record or if the Council feels additional information is needed before an informed decision can be made. 2. Review the request and conditionally approve the preliminary plat. This option may be premature at this point unless the Council feels no further discussion is warranted on the matter. Staff has drafted a resolution that can be acted on or revised as deemed necessary and appropriate by the City Council and/or the City Attorney. 3. Review the request and direct staff to draft a resolution of denial consistent with the Planning Commission’s recommendation. Based on conversations with and feedback from the City Attorney, staff would not recommend the Council exercise this option. If this is the chosen course of action, the attorney would need to advise the Council of the potential legal consequences of a denial. James Ericson Community Development Director Attachments: 1. Planning Application 2. Longview Estates Preliminary Plat (Separate Attachment) 3. Zoning Map (Exhibit. A) 4. Wetland Zoning Map (Exhibit B) 5. Location Map (Exhibit C) 6. FEMA Flood Plain Map (Exhibit D) 7. Photographic Documentation (Exhibit E) 8. Section 1010.08, Wetland Alteration Permit Standards (Exhibit F) 9. Letters from Residents 10. Planning Commission Resolution 745-03 11. City Council Resolution 6145 Proposed Property Lines (Approximated) EXHIBIT A. Zoning Map 1 2 3 4 5 6 8 7 9 10 11 12 13 14 15 LONGVIEW ESTATES EXHIBIT B. Wetland Zoning Map EXHIBIT C Exhibit D. FEMA MAP EXHIBIT E Photographic Documentation Looking southeast from Silver Lake Road toward Longview Estates Parcel Looking northeast from Silver Lake Road to Longview Estates parcel Looking southwest from Longview Drive to Longview Estates parcel Exhibit F Section 1010.08, Wetland Alteration Permit Standards Subd. 4. Standards for Approval of Permits: No permit shall be issued unless the City finds and determines that the proposed development complies with the standards as stated in this subdivision 4. Approval of either a wetland alteration permit or wetland buffer permit shall constitute approval of a variance to the requirements of this Chapter 1010. (Ord. 602, 8-25-97) a. Minimum Alteration in Ecological and Hydrological Characteristics: A minimum alteration of a wetland may be allowed when necessary for the use of property but only when it will not have a substantially or significantly adverse effect, as determined by the City, upon the ecological and hydrological characteristics of the wetland. However, in no case shall the restrictions set out below in Section 1010.08, subdivision 3a(1) - (6) be exceeded. Since the extent of alteration which can be permitted is limited, the City, when considering a permit application, shall consider equal apportionment of alteration opportunity. The alteration opportunity within the wetland shall be allocated among property owners in proportion to the area of wetland located within each property. (Ord. 602, 8-25-97) (1) Any alteration shall not cause a reduction in the flood storage capacity of the wetland. Flood storage capacity shall be determined by analysis of the runoff from the entire developed wetland drainage district resulting from both the two (2) year and one hundred (100) year frequency, twenty four (24)hour SCS Type I distribution storms. (2) An alteration shall not reduce the existing water quality enhancement value of a wetland under conditions of ultimate development, during both the two (2)year and one hundred (100) year frequency, twenty four (24) hour SCS Type I distribution storms. Water quality enhancement value of a wetland shall be determined using methods approved by the City. (3) Any alteration shall not reduce the existing wildlife habitat value of a wetland as measured using methods approved by the City. (4) Alterations shall be carried out so as to minimize the impact on vegetation. Removal of vegetation within a wetland zoning district shall be permitted only when reasonably required for the placement of structures and use of property. (Ord. 602, 8-25-97) (5) Alterations shall not adversely affect the water flow characteristics within the wetland as determined by the City. (6) Storm water runoff from a development may be directed to the wetland when in conformance with the Local Water Management Plan 1 and only when substantially, as determined by the Council, free of sediment, debris and chemical pollutants and only at rates which will not substantially disturb vegetation or increase turbidity as determined by the City. (7) The proposed action shall not cause storm water runoff from the development to take place at a rate which would exceed the rate or volume of runoff as anticipated by the City's Local Water Management Plan 2. 1 See Chapter 1302 of this Code. 2 See Chapter 1302 of this Code. (8) The quality of water infiltrated to the water table or aquifer shall remain substantially, as determined by the City, unchanged by the alteration of the site. (9) No part of any sewage disposal system requiring on-land or in-ground disposal of waste shall be located closer than one hundred feet (100') from the wetland. All on-land or in-ground sewage disposal systems shall meet criteria set out in Minnesota Rule 6, MCAR 4.8040, Individual Sewage Treatment System Standard. (10) Waste which would normally be disposed of at a solid or hazardous waste disposal site or which would normally be discharged into a sewage disposal system or sewer shall not be, directly or indirectly, discharged to a wetland. b. Soil Conditions; Control of Erosion: (1) Construction erosion control measures and retention facilities shall be designed to limit soil loss from the development site to not more than five (5) tons per acre per year. Plans and supporting documentation for such measures and facilities shall be developed and approved by the City prior to commencement of construction. (2) The applicant for the wetland alteration permit shall be required to demonstrate that, after the development is completed, the conditions on the site will be stabilized such that the yearly soil loss from the site will not be greater than five-tenths (0.5) ton per acre per year. (3) Sediment and soil loss shall be determined utilizing the Universal Soil Loss Equation as defined by the U.S. Department of Agriculture Soil Conservation Service Technical Field Guide, as amended from time to time, as provided for Ramsey Soil and Water Conservation District. (4) Only fill substantially free of chemical pollutants and wastes, as determined by the City, may be used. (5) A building's minimum elevation permitted in a wetland zoning district shall be as defined in the Local Water Management Plan 3. (6) No alteration shall be allowed which will endanger the health, safety or welfare of persons or which may result in unusual road maintenance costs or utility line breakages due to soil limitations, including high frost action. c. Scheduling of Work: Work in the wetland will not be performed during the breeding season of water fowl or fish spawning season. d. Size of Area: The size of the altered area shall be limited to the minimum required for the proposed action. 3 See Chapter 1302 of this Code. Subd. 5. Standards for Denial of Permits: No wetland alteration or wetland buffer permit may be granted which would allow any use that is prohibited in the zoning district in which the property is located or which will: (Ord. 602, 8-25-97) a. Result in incompatible land uses or which would be detrimental to surface and ground water resources. Ord. 602, 8-25-97) b. Increase the financial burdens imposed on the community through increasing floods and overflow of water onto land areas within this City or onto land areas adjacent to Rice Creek. (Ord. 602, 8-25-97) c. Be not in keeping with land use plans and planning objectives for the City or which will increase or cause danger to life or property. (Ord. 602, 8-25-97) d. Be inconsistent with the objectives of encouraging land uses compatible with the preservation of the natural land forms, vegetation and wetlands within the City. (Ord. 602, 8- 25-97) e. Include development of land and water areas essential to continue the temporary withholding of rapid runoff of surface water which contributes to downstream flooding or water pollution or development of land and water areas which provide ground water recharge or development which diminishes the land or water which are necessary to carry increased flows of storm water following periods of heavy precipitation. (Ord. 602, 8-25-97) MOUNDS VIEW PLANNING COMMISSION RESOLUTION NO. 745-03 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING DENIAL OF A PRELIMINARY PLAT FOR THE PROPOSED LONGVIEW ESTATES MAJOR SUBDIVISION PLANNING CASE NO. MA03-001 WHEREAS, Marty Harstad of EICHI, Inc., representing owner Keith Harstad, has applied for a major subdivision for a single family residential subdivision on land located west of Longview Drive, south of County Road H2, east of Silver Lake Road and north of Woodcrest Park; and, WHEREAS, the preliminary plat date-stamped October 30, 2003 contemplates a fifteen lot subdivision, with eight lots fronting Longview Drive and seven lots fronting Silver Lake Road; and, WHEREAS, the subject parcel is legally described as follows: Lot 4, Block 1, Mueller Addition Ramsey County, State of Minnesota WHEREAS, the parcel is zoned R-1, Single Family Residential and the adopted Comprehensive Plan designates the parcel for low-density residential development; and, WHEREAS, the proposed subdivision is completely within a Wetland Zoning District; and, WHEREAS, within a wetland zoning district, the minimum lot width for single-family residential lots is 125 feet and the minimum lot area is 20,000 square feet; and, WHEREAS, the Planning Commission has reviewed the following documents regarding this proposal: 1. Zoning Map 2. Planning Application 3. Wetland Zoning District Map 4. FEMA Map 5. Preliminary Plat, date stamped Oct 30, 2003 6. Staff Report Resolution 745-03 Page 2 WHEREAS, the Planning Commission held a duly noticed public hearing on November 5 and continued said hearing until November 19, 2003. NOW, THEREFORE, BE IT RESOLVED, the Mounds View Planning Commission hereby makes the following finding of fact related to the submitted Longview Estates preliminary plat: 1. The proposed fifteen-lot subdivision is situated completely within a wetland zoning district. 2. The minimum subdivision standards within a wetland zoning district are 125-foot wide lots with lot areas of 20,000 square feet. 3. Half of the 7.14 acre wooded parcel is delineated as wetlands. 4. Approximately 20,320 square feet of wetlands would be filled to create the fifteen lots with a total alteration of more than 60,000 square feet of area within the wetland zoning district. 5. Neither soil borings nor a hydrology analysis were submitted to support the applicant’s request for the preliminary plat approval. NOW, THEREFORE, BE IT FURTHER RESOLVED, the Mounds View Planning Commission, based upon the above findings of fact and its review of the documentation presented, does hereby recommend denial of the proposed Longview Estates major subdivision. BE IT FINALLY RESOLVED that the Mounds View Planning Commission directs staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this 3rd day of December, 2003 ____________________________________ Jean Miller, Acting Chairperson Attest: ____________________________________ James Ericson, Community Dev. Director (Seal) RESOLUTION NO. 6145 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING THE PRELIMINARY PLAT OF THE LONGVIEW ESTATES MAJOR SUBDIVISION MOUNDS VIEW PLANNING CASE NO. MA03-001 WHEREAS, Marty Harstad of EICHI, Inc., representing property owner Keith Harstad, has applied for a major subdivision for a single family residential subdivision on land located west of Longview Drive, south of County Road H2, east of Silver Lake Road and north of Woodcrest Park; and, WHEREAS, the preliminary plat date-stamped October 30, 2003 contemplates a fifteen lot subdivision, with eight lots fronting Longview Drive and seven lots fronting Silver Lake Road; and, WHEREAS, the subject parcel is legally described as follows: Lot 4, Block 1, Mueller Addition Ramsey County, State of Minnesota WHEREAS, the parcel is zoned R-1, Single Family Residential and the adopted Comprehensive Plan designates the parcel for low-density residential development; and, WHEREAS, the proposed subdivision is within a Wetland Zoning District; and, WHEREAS, within a wetland zoning district, the minimum lot width for single-family residential lots is 125 feet and the minimum lot area is 20,000 square feet; and, WHEREAS, the proposed preliminary plat satisfies the minimum expanded subdivision requirements as identified in Chapter 1010 and Titles 1100 and 1200 of the Mounds View Municipal Code; and, WHEREAS, the Mounds View City Council has reviewed the following documents regarding this proposal: 1. Planning Application 2. Preliminary Plat, date stamped Oct 30, 2003 3. Zoning Map 4. Wetland Zoning District Map 5. Location Map 6. FEMA Map 7. Photographic Documentation 8. Letters Submitted by Residents 9. Planning Commission Resolution 745-03 10. Staff Report Resolution 6145 Page 2 WHEREAS, In accordance with Section 1204.04, Subd. 4 of the Mounds View Municipal Code, all subdivisions of land are subject to park dedication fee requirements; and, WHEREAS, the City Council held a duly noticed public hearing regarding this preliminary plat on Monday, January 12, 2004. NOW, THEREFORE, BE IT RESOLVED that the Mounds View City Council approves the preliminary plat for the Longview Estates major subdivision, subject to the following conditions: 1. Prior to the City Council considering the Longview Estates final plat, the applicant shall perform or complete the following: a. The applicant shall apply for and receive approval of a watershed permit through Rice Creek Watershed District. b. The applicant shall apply for and receive approval of a City of Mounds View Wetland Alteration Permit. c. The applicant shall submit detailed soil borings and hydrology reports relating to the subject property. 2. A real estate appraisal shall be conducted on the property by an independent appraiser to determine the market rate land value of the site to establish the park dedication fee. 3. A tree inventory shall be performed to identify and locate significant trees on the site. 4. The applicant shall be prohibited from removing trees and grading within the Longview Drive right of way except for those areas identified for driveways and except as expressly authorized by the City Council. 5. All homes on Silver Lake Road shall have turn-arounds (or “T”s) and shall share driveways to whatever extent possible to minimize the number of additional access points on Silver Lake Road. 6. The applicant shall be responsible for obtaining access permits from Ramsey County for any and all work occurring within the County right of way. 7. The applicant shall enter into a development agreement which sets forth all of the terms, conditions, requirements, agreements, guarantees and plans for the orderly development of Longview Estates. 8. The applicant shall apply for Final Plat approval no later than January 1, 2005 or the Preliminary Plat approval will become null and void. 9. The Final Plat shall reflect a trailway or sidewalk in a location or locations identified by the City Council. 10. All utilities within the development area and to the individual home sites shall be located underground. Adopted this 12th day of January, 2004 _____________________________________ Jerry Linke, Mayor ATTEST: _____________________________________ Kurt Ulrich, City Clerk / Administrator (SEAL) Item No: 9D Meeting Date: January 12, 2004 Type of Business: CB City Administrator Review: _____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Kurt Ulrich, City Administrator Item Title/Subject: Consideration of Resolution 6155, Selection of the Official City Newspaper, Acting Mayor, Treasurer and Official Depositories for 2004 Discussion: The Focus and The Bulletin have each submitted proposals to be the City’s official newspaper for 2004. (See attached.) The Council selected The Bulletin as the City’s primary newspaper last year. Both newspapers have put in bids (letters attached), and The Bulletin’s rates continue to be slightly less. Both newspapers accept legal notices via e-mail. Last year and in years previous the Council selected the St. Paul Pioneer Press as the City’s secondary newspaper. Although the Pioneer Press did not submit a proposal this year, it would certainly be acceptable for the Council to select the Pioneer Press as the City’s secondary newspaper. In addition, the attached resolution appoints treasurer consistent with Section 6.04 of the City Charter. Recommendation: Review Resolution 6155, select an official newspaper and Acting Mayor and adopt Resolution 6155. _____________________________________ Kurt Ulrich, City Administrator Attachments: 1. Letter from Sun Newspapers 2. Letter from Lillie Suburban Newspapers, Inc. RESOLUTION NO. 6155 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPOINTING OFFICIAL NEWSPAPER, ACTING MAYOR, OFFICIAL DEPOSITORY AND TREASURER FOR THE YEAR 2004 WHEREAS, Minnesota Statute 412.831 requires that City Councils annually designate a newspaper of general circulation as its official newspaper; and WHEREAS, Minnesota Statute 412.121 requires that City Councils annually elect an Acting Mayor from among Council Members; and WHEREAS, Minnesota Statute 427.01-.12 requires that City Councils annually select an official depository for City funds; and WHEREAS, Chapter 6. Section 6.04 of the City Charter states the City Council shall appoint a City Treasurer whose duties shall be as specified by State Law. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mounds View does hereby appoint the following: Official Newspaper: Primary: The Bulletin Secondary: St. Paul Pioneer Press Acting Mayor: _____________ Primary Depository: Western Bank (for checking accounts, savings accounts and investments) Secondary Depositories: Minnesota Municipal Money Market Fund MBIA-4M Fund Wachovia Securities, Inc. RBC Dain Rauscher, Inc. CitiGroup Global Markets, Inc. U.S. Bank Systems Investment Services Wells Fargo Brokerage Services, LLC US Bank Corporate Trust Services Federal Reserve Bank of Mpls. Lynk Systems, Inc. TCF National Banks Resolution 5918 Page 2 BE IT FURTHER RESOLVED that the City Administrator/Clerk, the Treasurer, or the Deputy Treasurer are authorized to conduct banking and investment business on behalf of the City and the persons appointed to these positions are the following: Kurt Ulrich, City Administrator Charles Hansen, Treasurer Mary Tatarek, Deputy Treasurer Adopted this 12th day of January, 2004. ______________________________ Jerry Linke, Mayor ATTEST: _______________________________ Kurt Ulrich, City Administrator (SEAL) Item No: 9E Meeting Date: January 12, 2004 Type of Business: CB City Administrator Review: _____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Kurt Ulrich, City Administrator Item Title/Subject: Consideration of Resolution 6156, Appointing City Council Members and City Staff as Representatives for City Commissions and Other Organizations Discussion: The City Council annually reviews the various Council and Staff appointments to City commissions and other organizations. The Banquet Center Committee was established with the adoption of Resolution 5507 (adopted on January 2, 2001) in accordance with a previous Banquet Facility Management contract. There is no similar provision in the recently adopted agreement with The Mermaid. It may not be worthwhile maintaining this committee since The Mermaid is now responsible for the marketing goals of the City. The Human Resources Committee was established by the City Council with the adoption of Resolution 5498, December 11, 2000. The Committee is comprised of the City Administrator, the Assistant City Administrator, two members of the City Council and the Department Head from the affected department. Currently, the City does not have an Assistant City Administrator nor are there plans to hire someone for that position. This committee should be reconfigured to meet with the City’s current needs. The YMCA Executive Advisory Committee was established on February 10, 2003, with the adoption of Resolution 5946. The Committee is established in accordance to the 1999 agreement between the YMCA and the City. The Committee’s purpose is to make recommendations to the City Council regarding the YMCA’s operation of the Community Center, and to help foster communication between the City and the YMCA. The YMCA Executive Advisory Committee members consist of the Center’s Managers, the Executive Director of the Northwest Family YMCA, City Administrator, City Finance Director, a representative from the Parks and Recreation Department, and two City Council Members. Recommendation: Make the appointments as necessary and approve the attached Resolution 6156. ___________________________ Kurt Ulrich, City Administrator Attachments: Resolution 5920 Appointing City Council Members and City Staff as Representatives for City Commissions and other Staff Organizations adopted January 6, 2003. RESOLUTION 6156 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPOINTING CITY COUNCIL MEMBERS AND CITY STAFF AS REQPRESENTATIVES FOR CITY COMMISSIONS AND OTHER ORGRANIZATIONS WHEREAS, members of the City Council act as representatives to City Commissions and other organizations; and WHEREAS, the following representatives of the City have been named to act as representatives to the following City Commissions and other organizations for the year 2004: Ramsey County League Northwest Youth and Family of Local Government Services 1. _______________ 1. ________________ 2. City Administrator Spring Lake Park/Blaine/ Mounds View Fireman’s Relief Assoc. League of Minnesota Cities 1. _______________ 1. ________________ 2. City Administrator 2. City Administrator Human Resources Committee I-35 Corridor Coalition 1. ______________ 1. ________________ 2. ______________ 2. City Administrator 3. ______________ 4. City Administrator Minneapolis Metro North Convention North Metro Mayors Association And Visitor’s Bureau 1. ____________ 1. ______________ 2. City Administrator 2. Aaron Backman YMCA Advisory Committee 1. YMCA Center Manager 2. YMCA Center Manager 3. Executive Director of the Northwest Family YMCA (Sheri Kunza) 4. Kurt Ulrich, City Administrator 5. _______________, Rep from the Parks and Recreation Commission 6. _______________, Councilmember 7. _______________, Councilmember Resolution 6156 Page 2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mounds View that the aforementioned appointments are hereby approved. Adopted this 12th day of January, 2004. _______________________________ Jerry Linke, Mayor ATTEST: ________________________________ Kurt Ulrich, City Administrator (seal) Item No: 9G Meeting Date: Jan 12, 2004 Type of Business: Council Business Administrator Review : _______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Jim Ericson, Community Development Director Item Title/Subject: Consideration of Ordinance 727, an Ordinance Amending Section 1006.07 of the Building Code Relating to Development Background: Staff has been made aware that conditions of a development review resolution and conditions within a development agreement or contract cannot be enforced criminally similar to conditions tied to variances, subdivisions or conditional use permits. Discussion Staff consulted with Prosecuting Attorney Hughes who provided the language to be inserted into Section 1006.07. Adopting this language will protect the City from this point forward, however the language cannot be applied retroactively in situations already under dispute. Recommendation: Staff recommends that the Council hold the first reading and introduction of Ordinance 727, an ordinance amending Section 1006.07 of the Mounds View Municipal Code relative to development. If approved, the second reading and adoption would occur on January 26, 2004. Respectfully submitted, ________________________ James Ericson Community Development Director 763-717-4021 Attachments: 1. Chapter 1006 2. Ordinance 727 Mounds View City Code CHAPTER 1006 BUILDING PERMITS AND FEES; DEVELOPMENT CONTROLS SECTION: 1006.01: Permit Requirements 1006.02: Permit Fees and Expenses 1006.03: Expiration of Permits; Extensions 1006.04: Occupancy of Building 1006.05: Stop Work Orders 1006.06: Development Controls 1006.07: Violation of Provisions 1006.06: DEVELOPMENT CONTROLS: Subd. 1. Purpose: It is the intent and purpose of this Section to provide for orderly development of land to safeguard life, health, safety, property and public welfare by regulating and controlling all development within the City. This Section shall be in addition to the requirements of any other provisions of the Municipal Code regulating such development. Subd. 2. Application of Development Controls: All new construction and expansions of existing construction shall be reviewed by the Planning and Zoning Commission and approved by the City Council as conforming to this Section, except as follows: (Ord. 692, 3-25-02) a. Single or two (2)-family dwelling units; (Ord. 692, 3-25-02) b. Accessory structures that meet the requirements of the applicable zoning district; (Ord. 692, 3-25-02) c. Construction activity that increases the gross square footage of the principal building by less than ten percent (10%) provided the area of expansion does not exceed ten thousand (10,000) square feet. (Ord. 692, 3-25-02) Subd. 3. Development Plan: a. The owner or developer shall submit for review a development plan which sets forth plans for utility service, surface water drainage consistent with the Local Water Management Plan dated February 12, 1990, subject to subsequent revisions, erosion and sediment control consistent with the Ramsey County Erosion and Sediment Control Handbook (1989) prepared by the Ramsey County Soil and Water Conservation District and subsequent revisions thereto, streets, parking, landscaping, screening and buffering, lighting, setbacks, exterior construction design and materials, trash disposal, construction timetable and such other matters as the Council may require. b. The owner or developer shall submit with the development plan an abstract of title, registered property report or such supporting affidavits or documents that establish ownership or any other parties of interest in the property involved. Subd. 4. Development Contract: a. A development contract which sets forth all of the terms, conditions, requirements, agreements, guarantees and plans for the orderly development of said land shall be entered into between the developer and the Municipality prior to the final approval of any subdivision, or project that qualifies for a Development Review, as determined by subdivision 2 of this Section. This requirement may be waived by the City Council in the event no public improvements are planned or proposed. (Ord. 692, 3-25-02) b. Before execution of the development contract, the owner or developer shall submit certification from Ramsey County Department of Taxation that all taxes and special assessments due on the property involved have been paid in full. c. Said development contract shall include provisions for supervision of details of construction by the City and grant to the City authority to inspect all work performed pursuant to said contract to assure satisfactory performance and completion of the work. (Ord. 508, 4-27-92) 1006.07: VIOLATION OF PROVISIONS: Any person violating the provisions of this Chapter shall be guilty of a misdemeanor. (Ord. 508, 4-27-92) ORDINANCE 727 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING SECTION 1006.07 OF TITLE 1000, BUILDING AND DEVELOPMENT REGULATIONS The Council of the City of Mounds View does hereby ordain: SECTION 1. Section 1006.07 of the Mounds View Building Code pertaining to “Development” is hereby amended with the proposed additions underlined: 1006.07: VIOLATION OF PROVISIONS: Any person violating the provisions of this Chapter or any owner or developer who fails to comply with the terms or conditions of a development contract, agreement or resolution shall be guilty of a misdemeanor. (Ord. 508, 4-27-92) SECTION 2. This ordinance shall take effect thirty (30) days after the date of its publication in the official City newspaper. INTRODUCTION AND FIRST READING by the City Council of the City of Mounds View on this 12th day of January, 2004. SECOND READING and ADOPTION by the City Council of the City of Mounds View this 26th day of January, 2004. Jerry Linke, Mayor ATTEST: __________________________ Kurt Ulrich, City Clerk / Administrator Approved as to form: ______________________ Mounds View City Attorney (SEAL) Item No: 09J Meeting Date: January 12, 2004 Type of Business: Council Business City Administrator Review: _______ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Kurt Ulrich, City Administrator Item Title/Subject: Approval of Resolution 6158, Authorizing Step Increases and Wage Increases for City Employees Background: Aaron Backman, Mary Burg, Greg Lee and Mike Sommer are current employees with the City of Mounds View. Their supervisors reviewed their performance as it relates to their responsibilities outlined in their job descriptions. Discussion: It was determined Aaron Backman, Mary Burg, Greg Lee and Mike Sommer more than satisfactorily performed in the capacity of their positions, and therefore a wage adjustment is consistent with the City’s Personnel Policy. Recommendation: Approve Resolution 6158 as presented. ________________________ Kurt Ulrich, City Administrator RESOLUTION NO. 6158 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING STEP ADJUSTMENTS WHEREAS, the following below are regular full-time employees who are currently working for the City of Mounds View; and WHEREAS, their supervisors reviewed their performance as it relates to the responsibilities outlined their job description; and WHEREAS, their supervisors determined that the following employees below have more than satisfactorily performed in the capacity of their positions (documented in his performance review on file); and WHEREAS, a wage adjustment is consistent with the City’s personnel policy. NOW, THEREFORE BE IT RESOLVED that the Mounds View City Council does hereby approve a wage adjustment to the following as indicated in the chart below. Name Current Position Date of Employment Current Step & Wage Step & Wage Adjustment Effective Date of Adjustment Aaron Backman Economic Development Coordinator 12/17/2001 Step 4 $49,498.80 Step 5 $52,104.00 12/17/2003 Mary Burg Golf Course Manager 12/23/2002 Step 4 $64,581.00 Step 5 $67,980.00 12/23/2003 Greg Lee Public Works Director 01/02/2002 Step 3 $72,241.70 Step 4 $76,255.13 01/02/2004 Mike Sommer Police Chief 01/12/2003 Step 4 $73,325.50 Step 5 $77,184.74 01/12/2004 Adopted this 12th day of January, 2004. ______________________________ Jerry Linke, Mayor ATTEST: _______________________________ Kurt Ulrich, City Administrator (SEAL) PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting December 8, 2003 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 7:00 P.M. 1. MEETING IS CALLED TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Linke, Quick, Marty (arrived at 7:56 p.m.), Stigney, and Gunn 4. APPROVAL OF AGENDA A. Monday, December 8, 2003 City Council Agenda. Mayor Linke indicated that Item H would be heard before Item F. City Administrator Ulrich indicated that 9B would be changed to set a public hearing to consider the ordinance change and 9C would be to set a public hearing to consider the Longview Estates preliminary plat. MOTION/SECOND: Gunn/Quick. To Approve the Monday, December 8, 2003 Agenda as Amended. Ayes – 4 Nays – 0 Motion carried. 5. PUBLIC INPUT Jonathon Thomas, Chair of the Charter Commission read a response that he put together to answer the comments regarding the request from the Charter Commission. He then apologized that he was not able to attend the last meeting and said it was a great disappointment to view the meeting replay and hear Council indicate there was not enough information to proceed as well as to raise issues that things were not clearly and publicly stated. Mr. Thomas indicated that all of the actions and comments are recorded in the minutes and in the public book and they are available for public review. He then said that the Charter Commission operates according to the bylaws that require a majority of all qualified and acting members constitute a quorum. He further explained that they have ten active members so a quorum would be six. Mounds View City Council December 8, 2003 Regular Meeting Page 2 Mr. Thomas indicated that the Commission has had difficulty in maintaining a roster of 15 and, in attempting to deal with that issue, had a recommendation from the district court that the bylaws be amended and the roster changed from 15 to 11. He then indicated that the decision to do so was approved by unanimous vote of the 9 members present at the June 12th meeting. Mr. Thomas indicated that when the proposed language change is substantial enough to make the underlining method confusing it is customary to use the replacement method. He then said there is nothing in statute to suggest how this is to be handled and noted there was a heading on the document indicating the text was new. David Jahnke of 8428 Eastwood Road indicated that he found it disturbing to hear some of the comments concerning the Charter Commission. He then reminded Council of the issues with the previous Chairman and asked that Council work on making amends with the current Chairman as he feels that Mr. Thomas is an honorable person and he has a lot of faith in him. Mr. Jahnke further commented that Mr. Thomas has made tremendous efforts to restore the relationship between the Council and the Commission and he would hate to see those efforts hampered. Mr. Jahnke indicated that he read an article in the St. Paul Pioneer Press that seems to indicate that the Mayor has his mind made up and is in favor of the change at the Community Center. Mayor Linke indicated he has not seen all the documentation but what he has seen up to this point makes his opinion that the City is not receiving the bang for the buck it should be for the amount of dollars invested. Mr. Jahnke asked the Mayor to keep his mind open and listen to the reports of Staff before making a decision. Mayor Linke indicated he would remain open to further information but commented the City used to bring in $90,000 per year when it had its own recreation department and the YMCA is only brining in $38,000 and the costs are about the same. Mr. Jahnke asked if Council Members Marty and Gunn were meeting with the YMCA. Mayor Linke indicated that they would be. Council Member Stigney asked whether the City Attorney would be addressing the Charter Commission questions during his report. City Attorney Riggs indicated he would be. 6. SPECIAL ORDER OF BUSINESS None. Mounds View City Council December 8, 2003 Regular Meeting Page 3 7. JUST AND CORRECT CLAIMS A. Just and Correct Claims Council Member Stigney asked for clarification of the reimbursement to Ms. Burg concerning breakfast supplies. Golf Course Manager Burg indicated that she had purchased the paper products from Litin Paper for the employee appreciation breakfast that was put on by the department heads and Council. MOTION/SECOND: Gunn/Stigney. To Approve Just and Correct Claims as Presented. Ayes – 4 Nays – 0 Motion carried. B. Authorization for Expenditure (1) Purchase of two Laptop Computers for City Use Community Development Director Ericson indicated that the existing City laptops are not adequate to satisfy the demands of the City and this resolution would authorize the purchase of two new units. Council Member Stigney suggested that it may be a lot cheaper to buy a complete desktop computer to have the person assigned to monitoring the water system use rather than a laptop. Director Ericson indicated that desktop units are less expensive and the City could purchase a less expensive laptop but this is the recommendation as to the purchase of laptops that will serve the City’s purpose and not become immediately outdated. MOTION/SECOND: Quick/Gunn. To Waive the Reading and Approve Resolution 6147, a Resolution Approving the Purchase of Two Laptop Computers for City Use. Ayes – 3 Nays – 1(Stigney) Motion carried. 8. CONSENT AGENDA A. Approve Non-Paid Administrative Intern Position B. Establish Executive Session Immediately Following Meeting to Review Union Contract Negotiations C. Resolution 6144, Setting the 2004 City Council Meeting Schedule D. Resolution 6143, Step Increase for Jim Ericson E. Resolution 6146, Recognizing Changing the Name of the Premise Permit Holder for Charitable Gambling at Jake’s Sports Café in the City of Mounds View to the Twin Cities North Chamber of Commerce Mounds View City Council December 8, 2003 Regular Meeting Page 4 Council Member Stigney requested that Item d be removed for discussion. MOTION/SECOND: Quick/Gunn. To Approve Consent Agenda Items A, B, C, and E as Presented. Ayes – 4 Nays – 0 Motion carried. D. Resolution 6143, a Resolution Approving a Step Increase for Jim Ericson Council Member Stigney asked that Resolution 6143 be read. Mayor Linke read Resolution 6143. MOTION/SECOND: Quick/Gunn. To Approve Resolution 6143, a Resolution Approving a Step Increase for Jim Ericson. Council Member Stigney commented that this is the system the City works in and there is nothing he can do about it and it is unfortunate for the residents. Ayes – 4 Nays – 0 Motion carried. 9. COUNCIL BUSINESS A. Public Hearing, First Reading and Consideration of Ordinance 724, An Ordinance Authorizing the City Council of the City of Mounds View to Set Water Rates and Surcharges Effective with the January 2004 Billings. Mayor Linke opened the public hearing at 7:22 p.m. Finance Director Hansen indicated that rate studies were prepared and presented to Council for consideration. He then indicated that the proposed increase is from $1.45 to $1.50 per 1,000 gallons for the water and the proposed storm water increase is from $5.50 per quarter to $7.50 per quarter. The street light rate and sanitary sewer rate are proposed to remain the same. He further indicated that his report provided examples of sample utility bills to indicate how the increase would affect different scenarios. Finance Director Hansen indicated that the next item on the agenda was to be setting the rates for the storm sewer but, upon reviewing the Charter, it was determined that a public hearing was needed as it must be done by ordinance and not by resolution as originally believed. Finance Director Hansen indicated that the proposed increase is set to take effect on January 1, 2004 so residents will see the increase on their bills in April. Mounds View City Council December 8, 2003 Regular Meeting Page 5 David Jahnke of 8428 Eastwood Road indicated he did not question the rates but he feels that this is just another way to tax the residents without honoring the levy. He then expressed concern that the report indicated that Mounds View is above average in rates. Mayor Linke read information from the report to clarify the utility fee information and where the City falls compared to surrounding communities. He then indicated the City is within $5.00 of the other cities. He further commented that the biggest issue is that the City’s infrastructure is aging and the City needs to ensure that the funds are there when it is time for maintenance. Mr. Jahnke indicated that he did not understand how the residents could be asked to contribute another $100,000 or more to the golf course this year out of the general fund and then Council asks the residents to pay another tax to support infrastructure and infrastructure is what is supposed to be paid for out of the general fund tax dollars not a golf course. He further commented that he does not understand how the residents can be asked year after year to continue to support the golf course and ask residents for more money to support the things that are needed. Finance Director Hansen commented that some of the cities listed did not have storm water management fees so, if that is removed, it changes the standings a bit. Mayor Linke closed the public hearing at 7:33 p.m. MOTION/SECOND: Quick/Stigney. To Waive the Reading, Introduce the First Reading and Approve Ordinance 724, an Ordinance Authorizing the City Council of the City of Mounds View to Set Water Rates and Surcharges Effective with the January 2004 Billings. Ayes – 4 Nays – 0 Motion carried. B. Set a Public Hearing for 7:10 p.m., January 12, 2004 to Consider an Ordinance Change to Set Storm Water Utility Rates for 2004. MOTION/SECOND: Stigney/Gunn. To Set a Public Hearing for 7:10 p.m., January 12, 2004 to Consider an Ordinance Change to Set Storm Water Utility Rates for 2004. Ayes – 4 Nays – 0 Motion carried. C. Set a Public Hearing for 7:15 p.m., January 12, 2004 to Consider the Longview Estates Preliminary Plat MOTION/SECOND: Quick/Gunn. To Set a Public Hearing for 7:15 p.m., January 12, 2004 to Consider the Longview Estates Preliminary Plat. Mayor Linke indicated that this item is being moved to January 12, 2004 as the notices sent out did not provide the required time for notification. Mounds View City Council December 8, 2003 Regular Meeting Page 6 Ayes – 4 Nays – 0 Motion carried. D. Consideration of Resolution 6149, a Resolution Adopting the 2004 Property Tax Levy and General Fund Budget. Finance Director Hansen indicated that Staff and Council have been working on the budget throughout the summer and fall and Council passed a preliminary tax levy as well as held truth in taxation hearings and work sessions to discuss the budget. He then indicated that the City’s local government aid was cut by $450,000 and the City was only allowed to levy back 60% of what was cut and this caused a substantial amount of review and working on budgets. Finance Director Hansen indicated that Council chose to put an item on a special election ballot for the hiring of two police officers and that has been added. He then noted there were a couple of minor changes in the levy for fire equipment certificates and an item to discuss later as item 9G to provide for moving money from one line to another in the police department budget to allow for capital outlay. Finance Director Hansen indicated that Council would need to adopt this Resolution tonight and, if it is not, there would need to be another meeting no later than December 19, 2003. Council Member Stigney asked what the Staff has done to reduce the taxpayer’s burden since the preliminary levy was set. Finance Director Hansen explained that the Staff spent considerable time reviewing and making several hundred thousand dollars in cuts to get the budget to balance. He then said that Staff received no direction to cut any farther but did find a few items that could be further reduced to save a few thousand dollars. MOTION/SECOND: Quick/Gunn. To Waive the Reading and Approve Resolution 6149, a Resolution Adopting the 2004 Property Tax Levy and General Fund Budget. Council Member Stigney indicated that he understands the cut in LGA but thinks that Mr. Jahnke made good points on the fees the taxpayers have to pay on top of the actual tax levy. He the listed out the fees that taxpayers have to pay including the franchise fees, street light, storm water management, and water fee and commented that there is also the bonding for the fire department and the amount to be taxed to support the additional police officers all outside of the general fund. He further commented that he understands there will be a $1,000,000 carryover from the previous year and there is $9,000 to pay for a survey and the hiring of a receptionist and he feels that the City could do a lot better for its residents and he does not support this budget. Mayor Linke indicated that he finds it interesting that Council Member Stigney did not make any suggestions for reductions despite the fact that the Council went over the budget line item by line item other than to say there should be cuts. He further commented that it is frustrating that this would be brought up now when he felt that by his silence, there were no issues with the budget. Mounds View City Council December 8, 2003 Regular Meeting Page 7 Council Member Stigney indicated that he received disapproval when he suggested looking for 1%. He then said that he raised his comments along the way and is raising them again now. Mayor Linke indicated that he had asked that Council Members bring forward real suggestions for reductions rather than suggesting a blanket cut of 1% and no suggestions were brought forward. He then said that Staff has reduced the budget by 4% after the police officers are figured in. Council Member Stigney indicated his frustration is that the Mayor directed the way the suggestions were to happen. He then said that he is a tax paying resident of this City and he feels this City could do a lot better for its residents. Council Member Stigney indicated he has problems with this budget and his comments fall on deaf ears. Council Member Quick indicated that a lot of cities have franchise fees. He then commented that he does not remember a budget that Council Member Stigney has voted for. Ayes – 3 Nays – 1(Stigney) Motion carried. E. Consideration of Resolution 6150, a Resolution Adopting the 2004 Budgets for Funds Other Than the General Fund. Finance Director Hansen indicated that these budgets cover everything other than the general fund and all have been discussed previously. He then indicated that the utility budgets contemplate the increase in water and storm water management fees as discussed. Council Member Stigney asked what kind of transfer would be made in 2004 for the golf course. Finance Director Hansen indicated the budget does not include a transfer to the golf fund and there has not been one since the mid 1990’s. He then said that Staff anticipates there may be an increase in the internal loan to the golf course for 2004. Council Member Stigney asked how much the internal loan increase would be in 2004. Finance Director Hansen indicated he had not projected it out but estimates an increase of $100,000 to $200,000 would be necessary unless the billboards happen out at the golf course. MOTION/SECOND: Quick/Linke. To Waive the Reading and Approve Resolution 6150, a Resolution Adopting the 2004 Budgets for Funds Other than the General Fund. Ayes – 3 Nays – 1(Stigney) Motion carried. Mounds View City Council December 8, 2003 Regular Meeting Page 8 F. Public Works Quarterly Report Mayor Linke thanked Mr. Lee and indicated the written report was very good. Public works Director Lee presented his report and provided a brief overview. Director Lee indicated that the 2003 street improvement project is moving forward and there was a public information meeting held. He then said that feedback was received back from 18 people and all but two are in favor of the project and all but two are in favor of concrete curb and gutter. Director Lee indicated the next step would be to meet with Rice Creek to get input and get it included into the report to eliminate surprise costs from them. Director Lee indicated that the H2 project has a punch list of items needing to be completed. Director Lee indicated that Council was not in favor of the big picture rehabilitation for City Hall and had asked for the list of deficient items and Staff is working on that and will provide a draft report in early January. Director Lee indicated that the County Road H pathway is being rebid and the City will receive bids January 8th for that project. He then indicated that bids are only being received from Silver Lake Road to the western city limits and Silver Lake Road to Knollwood Drive. He further commented that the information would be placed in the Mounds View Matters to keep residents informed. Director Lee indicated that the trunk highway noise wall and berming would begin in 2004 with the berming and the noise wall portion in 2005 as that is when MNDOT will have the funds available that were pledged to the City. Director Lee indicated that the City would be working with the County Engineer on the emergency vehicle preemption for the lights and Staff will be seeking input from Council as to the priority intersections for the City. Director Lee indicated that Staff looked into a DNR grant for the pathway on County Road 10 and will be submitting an application for a local and federal grant in the spring of the year. Director Lee indicated that the required annual storm water permit review would be held on January 26, 2004 where Staff will present what has been done and what the City anticipates doing. Director Lee indicated that Staff is working on a long range street major maintenance program collecting pavement condition information and Staff would like to survey property owners via the utility bills to determine whether they would be in favor of a street upgrade based on the costs. Mounds View City Council December 8, 2003 Regular Meeting Page 9 Director Lee indicated that Park and Recreation has been working on a needs analysis of the parks as far as what needs to be done now and what should be done next year and for the long range. Director Lee indicated that the Spring Lake Park Lions will be donating a 39-foot diameter gazebo and has secured the funding. They will also be installing a fishing pier at an estimated cost of $22,000, $12,000 of which they have obtained through a DNR grant. He then said that the DNR would be stocking Spring Lake. Director Lee indicated that he had been contacted to discuss the upgrading and possible expansion of the parking lot and that will be added as an alternate in the 2003 street project to get a bid for the estimate of costs to bring for consideration. Council Member Quick asked who would be paying for the gazebo. Director Lee indicated the gazebo is to be paid for by the Spring Lake Park Lions. Council Member Quick asked why the soundwall is being held up until 2005 and then said that is unacceptable to him. Public Works Director Lee indicated that funding from MNDOT is not available until spring of 2005. G. Consideration of Resolution Granting Authorization to Defer the Purchase of a Police Records Management System to 2004, and Purchase of Additional Capital Outlay Items in 2003. Police Chief Sommer indicated that he has been researching different records management systems and would prefer to have more time to determine what system will be appropriate for the City and that is why he is seeking approval to defer the purchase to 2004 and make capital outlay purchases in 2003. Chief Sommer indicated the items to be purchased include one traffic radar squad unit, two mobile digital computers and one radar traffic display unit and the balance of the funds will be put into a special project fund to utilize in 2004 for the records management system. Mayor Linke indicated he appreciated the Chief taking the time to make sure the City gets a system that will work for it. MOTION/SECOND: Marty/Stigney. To Waive the Reading and Approve Resolution 6151, a Resolution Granting Authorization to Defer the Purchase of a Police Records Management System to 2004, and Purchase Additional Capital Outlay Items in 2003. Ayes – 5 Nays – 0 Motion carried. Mounds View City Council December 8, 2003 Regular Meeting Page 10 H. Resolution 6153, a Resolution Approving a Lease Agreement to Allow TCN Chamber to Relocate its Office to the Mounds View Community Center. Economic Development Coordinator Backman provided a calendar and indicated the items in black are scheduled by the Mermaid and those in red by the previous management. He then noted that the new management has scheduled well in excess of several dozen events to occur over the next few months. Economic Development Coordinator Backman indicated that the Mermaid has proposed to utilize some of the former Community Education space for the offices for the Twin Cities North Chamber of Commerce offices. They have agreed to relocate from Fridley to the Mounds View Community Center on January 1, 2004 if approved. Economic Development Coordinator Backman indicated that the estimated rent would be approximately $1,160 per month and they would be renting approximately one quarter of the community education area. He then indicated that the payments are to be made to the Mermaid as long as the Mermaid is the manager of the facility. He further indicated that Staff recommends approval pending any recommended changes from the City Attorney. City Attorney Riggs indicated he has been working on this matter and the proposal seems credible so there is just the matter of working out the final document. Mayor Linke indicated that the document would need to indicate that the City is included. City Attorney Riggs indicated that would be one of the issues to work out. Mayor Linke indicated that what is being approved is a sublease because the Mermaid is leasing from the City and the Chamber would be leasing from Mermaid. City Attorney Riggs indicated that is one of the issues to work out because there is no lease there is a management agreement. He then said the concept is workable and recommended that the involved parties sit down and work out the details. City Attorney Riggs suggested adding the language as finalized by Staff and the City Attorney. Council Member Marty arrived at 7:56 p.m. MOTION/SECOND: Gunn/Quick. To Approve Resolution 6153, A Resolution Approving a Lease Agreement to Allow TCN Chamber to Relocate its Office to the Mounds View community Center as Amended to Include Language by the City Attorney. Council Member Stigney commented that the rental fees go to the Mermaid rather than the City. He then said that when the interim agreement was discussed he was not in favor of the community education area being part of the deal and he feels it would have been far better for the City to rent it rather than the Mermaid. Mounds View City Council December 8, 2003 Regular Meeting Page 11 Economic Development Coordinator Backman indicated the City would not be getting more than the 6,000 it is already getting. He then added that in reference to the Chamber they will add significant things for the City bringing meetings here but beyond that, in terms of the issue of who is working with the board, the board would feel more comfortable with leasing or having an agreement with the Mermaid which is both a member and a for profit entity. Ayes – 4 Nays – 1(Stigney) Motion carried. 10. APPROVAL OF MINUTES A. City Council Minutes November 24, 2003 Council Member Marty requested the following changes: On Page 3, Line 1 should be other consultants. Page 11, Line 2 change to City Council special meeting. MOTION/SECOND: Marty/Stigney. To Approve the City Council Minutes for November 24, 2003 as Amended. Ayes – 5 Nays – 0 Motion carried. 11. REPORTS A. Reports of Mayor and Council. Council Member Gunn recognized the Irondale students that did not leave the meeting early. Council Member Marty indicated there was a YMCA meeting today and he found it to be very informative. Council Member Quick asked how much the soundwall would cost. Public Works Director Lee indicated that MNDOT is estimating $300,000. Council Member Quick suggested the City front that cost and MNDOT pay it back in a year. Council indicated a willingness to have the City front the costs and have the project proceed in 2004 and seek reimbursement for MNDOT when the funds are available Council Member Marty asked when the City is due to be reimbursed for the sidewalk on H. Public Works Director Lee indicated it was 2004 or 2005. Council Member Stigney asked where the funds would come from for the soundwall. Mounds View City Council December 8, 2003 Regular Meeting Page 12 Director Lee indicated that Staff would review and make a recommendation on the funding. Mayor Linke indicated he had a meeting with the City Administrator and two representatives from the 35W corridor bringing him up to date on what is going on. He then indicated he learned that MNDOT is trying to figure out a way to reconfigure access onto 35W on this end of the City and one of the proposals is to close the access on County Road I and upgrade the one on H putting a frontage road on the arsenal side of the road which concerns him greatly because other than access at Long Lake or Red Oak that would eliminate access to 35 from this part of town. Council Member Marty indicated that is a bad entrance. Mayor Linke indicated the City should not suffer for MNDOT’s lack of planning. He then indicated that he would contact the Mayor of Arden Hills to discuss the matter. B. Staff City Administrator Ulrich indicated he would follow up with Arden Hills Staff on the redevelopment of the TCAAP site and how that impacts Mounds View. Finance Director Hansen indicated there was an accident on March 25, 2002 between a city pickup and another vehicle at the light on Edgewood Drive and County Highway 10 and each driver claimed they had the green light. The matter was in dispute through the League of Minnesota Cites trust and the City settled the claim for the cost of the deductible $10,000. He then indicated that the matter has been negotiated between the insurance companies and he has a proposed settlement agreement whereby the City would receive $12,000 dollars and that is the amount of the deductible plus some workers compensation costs. MOTION/SECOND: Quick/Gunn. To Approve the Proposed Insurance Settlement. Council Member Stigney commented that the City’s deductible was paid. Finance Director Hansen indicated that the settlement is a ruling in the City’s favor. Ayes – 5 Nays – 0 Motion carried. C. City Attorney City Attorney Riggs indicated that he has been looking into the questions raised at the November 24, 2003 meeting and has been unable to locate the original petition. He then said that once it is determined whether the original number was listed on the petition the interpretation would follow from there. Mayor Linke indicated his concern is that this was done without notification to the public or Council and, if the Charter Commission could not get the judge to appoint people, Council should have done that and this Council was not notified that there was such an issue. Mounds View City Council December 8, 2003 Regular Meeting Page 13 Mayor Linke commented that the interpretation of the Chair’s bylaws may be correct but it seems strange that 9 members could arbitrarily decide to reduce the number to 11. He then said that there was not a quorum of the 15 set by the Court so there was not a quorum to make that decision on the original amount set by the judge. Council Member Quick indicated that eight would be a quorum. Mayor Linke indicated he has not seen the minutes. Council Member Quick indicated he read the state statute and it states that it will be 15. City Attorney Riggs indicated that the statute says no less than 7 but no more than 15. Mayor Linke indicated he did not think there was a quantity listed on the original petition. City Attorney Riggs indicated that, if that is the case, then it is within the discretion of the Chief Judge to set an amount. He then indicated that he, as well as Mr. Thomas, is looking for the document and said that if no document can be found he would have to look to the interpretation that there is no number and interpret from there. Mayor Linke indicated he has a hard time with that body making an arbitrary decision to ask the judge to reduce the numbers without notification of residents and Council. Council Member Quick indicated that if the court does not appoint then Council is to do so. City Attorney Riggs indicated there is no responsibility for the chief judge that has not made an appointment to notify the City. Mr. Thomas explained that the process is that when there is a member that resigns or every two years when terms expire those that wish to are allowed to submit an application to judge who reviews and renews and sends oath of office for a maximum of 8 years. He then said that since before he was chair most of the time there have not been 15 active members and the active members have gone as low as 8. He further indicated that the judge has the clerk post for the position in numerous ways and the City posts it as well by posting ads in the papers and on the bulletin boards. He also indicated that he has communicated with Staff the number of active members and what the current status of the members is. Mr. Thomas indicated that every posting is sent to the City and all open position notices go to City Staff so the number that is missing is not only sent to them it is posted on the bulletin board and has been for five years continuously and he feels it is out of order to say that the issue with maintaining active members has not been communicated. The information has been available through minutes, the public book and on the bulletin board and it is not the fault of the Commission that people do not see the information that is available. Mounds View City Council December 8, 2003 Regular Meeting Page 14 Mayor Linke asked Mr. Thomas to pull a copy of the minutes from June of this year. Mr. Thomas indicated the minutes were in the public books in the office. He then said that Mayor Linke gave the impression to the public that this is a decision that they made on their own but that is not true they communicated with the clerk of court and with several different judges in ongoing conversations for about four years because the statute is not clear and has no process defined for how this is done. He then said that this information was passed on to the previous City Administrator and through phone calls and letters to the court and all of that information is public record. He further commented that the court recommended the system that was followed and there were 9 members present and the decision was unanimous after years of discussion on how to solve this problem. Mr. Thomas indicated that the meetings are live on cable and are replayed and there are minutes available in the public book so there was nothing done that was not clearly and openly discussed and discussed for a long period of time. He then said that the Commission has received no response from Council on the letter that was sent asking for a response and it has not even been discussed at a work session. Mr. Thomas indicated that, at some point, the Commission will have to deal with it again and they have requested that Council make a recommendation and without it, they will be forced to move forward. Mayor Linke indicated that there were comments raised that it needs to be a unanimous decision of Council to eliminate it and that will not happen. Mr. Thomas asked Council to review the whole letter that was sent and provide a recommendation as to what Council would like them to do. MOTION/SECOND: Marty/Gunn. To Recess to Closed Session to Review Union Contract Negotiations. Ayes – 5 Nays – 0 Motion carried. Council recessed at 8:40 p.m. 12. Next Council Work Session: Monday, January 5, 2003 Next Council Meeting: Monday, January 12, 2003 13. ADJOURNMENT Mayor Linke adjourned the meeting at _____ p.m. Transcribed and recorded by: Joan Lenzmeier Timesaver Off Site Secretarial, Inc. Item No: 11B (1) Meeting Date: 01/12/04 Type of Business: Reports of Staff City of Mounds View Staff Report To: Honorable Mayor and City Council From: Kurt Ulrich, City Administrator Item Title/Subject: Vacation I will be out of the office from Monday, January 12, 2004, through January 19, 2004. Jim Ericson (Community Development Director) will be in charge while I am gone. I will be back at 8am on Tuesday, January 20, 2004. Respectfully submitted, Kurt Ulrich, City Administrator