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HomeMy WebLinkAboutMinutes - 2012/11/26PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL go CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Appi6v Regular Meeting November 26, 2012 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: Flaherty, Stigney, Hull, Mueller, Gunn. NOT PRESENT: None. 4. APPROVAL OF AGENDA A. Monday, November 26, 2012, City Council Agenda. Mayor Flaherty requested an item be added the agenda under Special Order of Business as Item 6A, a Certificate of Appreciation. City Administrator Ericson requested an additional item be added, Item 7H, Repair of the Gymnasium Floor at the Community Center. MOTION/SECOND: Mueller/Gunn. To Approve the Monday, November 26, 2012, agenda as amended adding Items 6A and 7H. Ayes — 5 Nays — 0 Motion carried. 5. PUBLIC INPUT None. 6. SPECIAL ORDER OF BUSINESS A. Certificate of Appreciation to Council Member Roger Stigney. Mayor Flaherty read a Certificate of Appreciation recognizing Council Member Roger Stigney for his dedicated service to the City of Mounds View. The Council offered Council Member Stigney a round of applause. 7. COUNCIL BUSINESS Mounds View City Council November 26, 2012 Regular Meeting Page 2 A. 7:00 p.m. Public Hearing to Consider Resolution 8027 Giving Preliminary Approval to the Proposed Issuance of a Health Care Facility Revenue Note Under MN Statutes, Section 469.152 through 469.1651, as amended. Finance Director Beer stated that at the June work session Apple Tree Dental presented the City with a proposal to purchase the property at 2242 County Road 10. Apple Tree Dental has requested conduit financing to assist with the purchase and planned improvements for this site, along with improvements planned for several other properties. He noted the City will generate a small fee from managing the conduit financing. Staff recommended the Council grant preliminary approval to the proposed issuance of a health care facility revenue note. Mayor Flaherty opened the public hearing at 7:06 p.m. Hearing no public input, Mayor Flaherty closed the public hearing at 7:07 p.m. Dr. Michael Helgeson, Apple Tree Dental CEO, thanked the Council for considering his request this evening. He then discussed the plans he has for the property at 2242 County Road 10 noting he would be providing general dentistry services, along with specialized geriatric dental services. He explained half of the care that would be provided by Apple Tree would be done through mobile dental units, which would be housed in the garage bays. He noted the second floor of the building would house the executive offices for Apple Tree Dental. Council Member Mueller asked if the Apple Tree Dental offices in Rochester and Hawley, Minnesota would have mobile units. Dr. Helgeson stated this was the case. Council Member Gunn requested further information on the City's obligation with the conduit financing loan. Finance Director Beer provided further clarification noting the City would not be obligated in any way for the debt but was acting as a managing agent for Apple Tree Dental to allow them the ability to receive tax exempt debt. Mayor Flaherty commented a local church has provided dental services to certain neighborhoods in the community free of charge. He inquired if Apple Tree Dental would be willing to provide similar services in the future. Dr. Helgeson stated he would be willing to consider working with the City on this. Council Member Mueller questioned the number of jobs that would be brought into the community when Apple Tree Dental was open for business. Dr. Helgeson estimated there would be 50-60 employees at the Mounds View dental site. Mayor Flaherty requested further information on the reconstruction timeline. Dr. Helgeson stated he was working to secure the bank financing before year end. He stated the construction would begin early in 2013. He anticipated the site would be open for business in June or July of 2013. Mayor Flaherty inquired how long the conduit financing transaction would take. Jenny Boulton, Mounds View City Council November 26, 2012 Regular Meeting Page 3 Kennedy & Graven, stated this could vary depending on the number of parties involved. She noted the hearing process has begun and documents were being reviewed. She hoped to have the paperwork completed by the end of the year. MOTION/SECOND: Gunn/Mueller. To Waive the Reading and Adopt Resolution 8027 Giving Preliminary Approval to the Proposed Issuance of a Health Care Facility Revenue Note Under MN Statutes, Section 469.152 through 469.1651, as amended. Council Member Stigney commented on the expense this project would have on the taxpayers in Mounds View. For this reason, he did not support the bonding. Ayes — 4 Nays — 1 (Stigney) Motion carried. B. Resolution 8021, Abatement of Exterior Nuisance Code violations at 8379 Red Oak Drive. Housing/Code Enforcement Inspector Jeremiah Anderson requested the Council authorize the abatement of exterior nuisances for the property at 8379 Red Oak Drive. He briefly summarized the staff report, describing the exterior issues. The timeline of the case was reviewed noting inspections were completed. Staff recommended approval of the abatement. Mayor Flaherty commented that the issues at this property have been going on for years. He explained the neighbors had brought their concerns to the City regarding this property, as the value of their property was being affected. He discussed the items in violation on the property and questioned where the items would be taken. Housing/Code Enforcement Inspector Anderson commented that all trash would be removed and brought to an appropriate landfill site. He explained that licensed or registered trailers/vehicles would be cataloged and put into storage for 30 days. After paying the necessary fines, the owner could have these items returned. He stated the abatement would take place in the next five business days. Council Member Mueller asked when the tent was erected on the property. Housing/Code Enforcement Inspector Anderson stated the tent was erected after September and has a generator and power cords running to the tent. Council Member Mueller inquired if the home had electricity, running water or sewer service. Housing/Code Enforcement Inspector Anderson explained these services had been shut off at the homeowner's request. MOTION/SECOND: Mueller/Hull. To Waive the Reading and Adopt Resolution 8021, Abatement of Exterior Nuisance Code violations at 8379 Red Oak Drive. Ayes — 5 Nays — 0 Motion carried. C. Resolution 8022, Considering Stormwater Infiltration Program Appeals in Area F of the Street and Utility Improvement Program. Mounds View City Council November 26, 2012 Regular Meeting Page 4 Public Works Director DeBar stated that the next project in the Street and Utility Program was Area F. Final designs were being prepared at this time. As part of the project, the City had to follow the Clean Water Act, which required the installation of stormwater infiltration basins in the City boulevards. He commented a public meeting for Area F was held on October 15th Appeals to the infiltration basins were due to the City on November 61h. He indicated the Streets and Utility Committee, along with Staff reviewed these appeals and made a recommendation to the Council on November 19th. He requested the Council consider the seven appeals this evening. Mayor Flaherty provided a brief history on the street and utility improvement program discussing the funding of the street improvements. Through these improvements, the water runoff had to be managed in a more efficient manner, which was being done with infiltration basins. He explained the City hired a hydrologist to select the proper location for these basins. Public Works Director DeBar commented the first appeal was for Infiltration Basin #9 from Angela and Jason Hicks at 7551 Edgewood Drive. The property owners are appealing based on five parameters, the first being there would be a loss of trees. He reviewed several photos of the property with the Council. It was his opinion the trees would not be lost. He indicated wellhead protection was also a concern of the residents. Staff commented the surface water runoff would not affect the wellhead. The residents were concerned with the safety of their children if an infiltration basin were located in their yard. He explained the basin was only designed to collect six inches of water and would be held for 24 to 48 hours. Another concern was the increased maintenance of the basin. He stated the basin would be no more maintenance than the other property along the street frontage. The last concern of the homeowners was how the basin would affect their underground sprinkler system. Public Works Director DeBar commented the sprinkler system was private infrastructure and the responsibility to relocate affected heads would be at the homeowner's expense. He stated both Staff and the Street and Utility Commission recommended denying the appeal request. Council Member Mueller asked if the cracks on the existing roadway in front of the Hicks home were water related. Public Works Director DeBar stated the cracks and degradation of the road could be from water pooling in this area. Council Member Mueller questioned where the infiltration basin would be located. Public Works Director DeBar described the location in further detail stating the final design plans were still being completed. Council Member Mueller inquired the depth of the basin. Public Works Director DeBar indicated the basin would be six inches deep and would have a five to one slope. Council Member Mueller asked if the park side of the street could be used for the catch basin on Edgewood Drive. Public Works Director DeBar commented this could be investigated further, but basins were need on both sides of the street. Mounds View City Council November 26, 2012 Regular Meeting Page 5 Council Member Gunn questioned which side of the Edgewood Drive would have a sidewalk. Public Works Director DeBar explained the sidewalk would be on the opposite side of the street from the Hicks' property. Mayor Flaherty asked if the exact location of the irrigation was known. Public Works Director DeBar was uncertain but indicated the City would only be encroaching into the yard approximately 10 to 15 feet. MOTION/SECOND: Mueller/Hull. To Waive the Reading and Deny the Appeal for the property at 7551 Edgewood Drive for Angela and Jason Hicks regarding the proposed Infiltration Basin in Area F of the Street and Utility Improvement Program. Ayes — 5 Nays — 0 Motion carried. Public Works Director DeBar commented the next appeal before the Council was from Ben and Jenny Cionca at 7944 Woodlawn Drive. The owner was appealing for one parameter noting their property has an electronic dog fence and sprinkler system. He indicated these utilities were located in the public right of way and would have to be relocated. Staff recommended denial of the appeal. Council Member Mueller asked if homeowner understood he would be responsible for rerouting the irrigation system and electronic dog fence. Ben Cionca, 7944 Woodlawn Drive, stated he was aware of this and explained he contacted the Street and Utility Commission prior to installation of both systems. He was given an "OK" from the Commission three years ago. He explained that the information presented by Staff this evening varied from what he was told previously. Mayor Flaherty questioned the location of the utilities in the boulevard. Mr. Cionca estimated the dog fence was approximately 14 inches from the street and the irrigation system was 18 to 24 inches from the street. He understood the reasons his yard was chosen for a basin given the slope of his property; however, he requested the digging not occur on his property. Council Member Mueller expressed concern with not having the catch basin properly designed as this could negatively affect Mr. Cionca's property, along with the neighboring properties. Mr. Cionca asked if each of his neighbors had a catch basin, if it was necessary for his property to have a basin. Public Works Director DeBar reviewed the proposed locations of the catch basins along Woodlawn Drive. He noted the low point for this street was in the middle of the block. He indicated he could speak with the homeowner to the north to see if the catch basin could be located on his property; however, the catch basins were equally distributed at this point. Mayor Flaherty asked if the street could be constructed without disturbing the dog fence and irrigation system. Public Works Director DeBar stated this was highly unlikely. He recommended all lines be moved, just to be safe. Mr. Cionca commented he would be able to remove and relocate the dog fence. He indicated the irrigation system was more of a concern for Mounds View City Council November 26, 2012 Regular Meeting Page 6 him given the amount of work this would entail. Mayor Flaherty advised the City did not have funds available to assist with the relocation of private utilities in the public right of way. He understood that the limited mobility of Mr. Cionca was also a concern. Public Works Director DeBar explained he could speak with Mr. Cionca prior to construction once the exact location of the basin finalized. He anticipated the location of the basin to be on the northern corner of the property. Mr. Cionca expressed concern with the large maple tree to the north of his property and if the root system would be affected if the catch basin were located along the north property line. Public Works Director DeBar stated the City Forester would review this matter prior to construction of the catch basin. Mayor Flaherty requested that Staff work with Mr. Cionca to minimize the disruption to his property. He encouraged Mr. Cionca to also be in contact with the City throughout this process. Public Works Director DeBar indicated the catch basin would be staked prior to construction. Mr. Cionca questioned the timeline of the project next year. Public Works Director DeBar reviewed the phasing of the project noting another neighborhood meeting would be held next spring and additional information regarding the project would be posted on the City's website. MOTION/SECOND: Flaherty/Stigney. To Waive the Reading and Deny the Appeal for the property at 7944 Woodlawn Drive for Ben and Jenny Cionca regarding the proposed Infiltration Basin in Area F of the Street and Utility Improvement Program. Ayes — 5 Nays — 0 Motion carried. Public Works Director DeBar commented the next appeal was submitted by Joan Sandidge at 7817 Bona Road. The property owner was appealing based on three parameters, the first being that the catch basin could affect significant trees. There were two trees in the boulevard area. He commented the basin would be sized and placed to assure the roots were not affected. The second concern was the spacing of the basins as there were eight on the block with six on the east side of the street. He explained the basins were distributed equally on the block and were placed in their location to meet the water runoff needs. The final concern was the extra required maintenance of the basin in the boulevard. Public Works Director DeBar indicated the boulevard area would have to be maintained whether or not a basin was located in the public right of way. Staff recommended the Council deny the appeal request. Mayor Flaherty requested further information on the location of the proposed basin. Public Works Director DeBar anticipated the basin would be located between the two trees in the front yard. He discussed the location of two catch basins just north and south of Ms. Sandich's property. He commented after the final design plans were completed, the size and location of this infiltration basin would be known. Mounds View City Council November 26, 2012 Regular Meeting Page 7 Mayor Flaherty suggested Ms. Sandidge speak with her neighbors to see if they truly were willing to have the infiltration basin in their yard. Public Works Director DeBar commented this could be completed, but Ms. Sandidge's property was the low point on the block. Council Member Mueller questioned how the infiltration basin sites were determined. Public Works Director DeBar explained that each property was evaluated and given a score. Based on the scores, sites are selected and spread out throughout the block. He indicated the catch basins were beneficial in removing sediment from the water runoff. MOTION/SECOND: Mueller/Hull. To Waive the Reading and Deny the Appeal for the property at 7817 Bona Road for Joan Sandidge regarding the proposed Infiltration Basin in Area F of the Street and Utility Improvement Program. Mayor Flaherty stated the Council was working to satisfy every resident in the City through the Street and Utility Improvement Program. He noted the streets needed to be replaced and the catch basins were necessary to assist with maintaining them going into the future. Ayes — 5 Nays — 0 Motion carried. Public Works Director DeBar indicated the next appeal was submitted by Michael Reed at 2208 Lois Drive. The property owner was appealing based on one parameter, in that he questions the benefit of the catch basin given its proposed drainage area and location. He stated the stormwater engineer was analyzing the hydrology of this area and a determination would be made in the final plans. Staff reviewed the proposed location of the infiltration basin, noting it could be moved to the other side of the driveway. Staff recommended the Council deny the appeal request. Council Member Mueller did not see the benefit of the proposed infiltration basin given the fact the property owner already had a ditch to the west of their driveway. Public Works Director DeBar stated half of the cul-de-sac runs into the judicial ditch and the catch basin would assist in capturing sediment from the storm water prior to running into the ditch. Mayor Flaherty was in favor of moving the catch basin to the west side of the driveway as this would also catch the water runoff from the Mr. Read's driveway. Public Works Director DeBar indicated Staff would work with the property owner to see which side was preferred. MOTION/SECOND: Stigney/Hull. To Waive the Reading and Deny the Appeal for the property at 2208 Lois Drive for Michael Read regarding the proposed Infiltration Basin in Area F of the Street and Utility Improvement Program. Ayes — 5 Nays — 0 Motion carried. Public Works Director DeBar explained the next appeal was submitted by Jerry Espeseth at 8005 Woodlawn Drive. The property owner had several concerns stating he was about half done with Mounds View City Council November 26, 2012 Regular Meeting Page 8 a landscaping plan and the proposed soil would interfere with his landscaping. He noted the existing tree and mailbox would not interfere with the proposed basin. He stated the right of way was public property and should not be heavily landscaped. Public Works Director DeBar stated the other concern of the homeowner was the slope of the property. He did not see this was a concern as the property had a very gradual slope. The property owner was also concerned with the cleaning, maintenance and allergens that could be produced from the basin. Public Works Director DeBar explained the cleaning and maintenance of the basin would not differ from the rest of the front yard. Staff recommended the Council deny the appeal request. Jerry Espeseth, 8005 Woodlawn Drive, presented the Council with several photos of his property. He commented he has allergies, along with other members of his family. It was his opinion this was a valid concern in his appeal against the infiltration basin. He explained he has a family member that must wear a respirator at all times when outdoors. He commented mold and shrubbery exacerbated her condition, as would the infiltration basin. Mr. Espeseth stated he was also was allergic to mold. He requested the Council reconsider his appeal and remove the planned basin from his property. He recommended the infiltration basin be located on a neighboring property. Council Member Mueller indicated the infiltration basin should assist in reducing the standing water on the neighboring property, which would assist with Mr. Espeseth's respiratory condition. Mayor Flaherty asked if the infiltration basins were known to create mold or other airborne particulate. Public Works Director DeBar apologized to Mr. Espeseth if he appeared insensitive to his mold allergies. He explained he was uncertain if mold or mildew grew in the basins. He stated the low area with standing water on Mr. Stacy's property was more of a concern. Mr. Espeseth requested the Council reconsider and approve his appeal request and place the infiltration basin on a neighboring property. Mayor Flaherty stated this appeal was the first where the homeowners' health could be negatively impacted by the infiltration basin. Council Member Hull questioned where the standing water was near this property. Public Works Director DeBar reviewed the location with the Council stating the replacement of the roadway along with the catch basins would assist in alleviating this situation. Mayor Flaherty commented the circumstances in this case were extenuating given the described medical condition and he would be in favor of accepting Mr. Espeseth's appeal. MOTION/SECOND: Flaherty/Hull. To Waive the Reading and Approve the Appeal for the property at 8005 Woodlawn Drive for Jerry Espeseth regarding the proposed Infiltration Basin in Area F of the Street and Utility Improvement Program. Ayes — 5 Nays — 0 Motion carried. Mounds View City Council November 26, 2012 Regular Meeting Page 9 Public Works Director DeBar advised the next appeal was submitted by John Stacy at 8000 Woodlawn Drive. The parameters for this appeal were based on the high ground water table that exists in this area, and that water overflows near the south property line. There were also concerns with the lack of a slope in his driveway. Public Works Director DeBar noted he met with Mr. Stacy regarding this matter. It was his opinion the improved street with a higher curb and gutter would greatly improve the overall drainage for the properties on this street. He noted a soil boring was taken within 100 feet of Mr. Stacy's property that went six feet deep and no groundwater was found. Another concern was that there were trees located within the boulevard. Public Works Director DeBar stated the City would be careful to avoid the roots of these trees stating the proposed basin was away from the mature trees near the power pole. Mr. Stacy also had concerns with water overflowing from the basin and running into his yard, where he already had standing water. Public Works Director DeBar assured Mr. Stacy that this would not happen. Staff recommended the Council deny the appeal request. Mayor Flaherty questioned if the standing water near the pine trees was runoff from the yard or runoff from the street. Public Works Director DeBar stated the street only had a one inch curb at this time and in heavy rain events, water could leave the street and enter Mr. Stacy's yard. He anticipated the rear yard would still have standing water, but that it would be runoff from the yards and not the street. Council Member Mueller asked if the slope of Mr. Stacy's driveway was adding to this concern. Public Works Director DeBar indicated Mr. Stacy's apron would be adjusted slightly to assure that water was running towards the street and away from the home or yard. Council Member Mueller indicated this homeowner already has water issues. She wanted to be assured the infiltration basin was assisting the homeowner. Public Works Director DeBar stated the slope of the driveway apron along with the improved street would greatly benefit this property in keeping the water runoff off of this property. He commented an inlet could be added to this property if hydrologic analysis deemed it necessary. He stated this could only be done based upon the capacity of the storm main. Council Member Mueller questioned how long Mr. Stacy's property had standing water. John Stacy, 8000 Woodlawn Drive, stated a creek used to run through this area and his property was the low point. Mr. Stacy discussed how water drained on his property noting he had buried a barrel in the front of his yard to keep water out of his garage. He indicated he has had water in his basement and has another holding pond in his rear yard. Mr. Stacy questioned if another catch basin could be added to address the standing water in this area. Public Works Director DeBar stated in residential areas, the catch basins were more spread out. He indicated this may be possible to be added to the one side of his driveway. Mayor Flaherty indicated the infiltration basins along this roadway would assist with the overwhelmed catch basin on this street. He stated the new curb and gutter would also improve the water situation on this property. He noted the previous appeal was granted which means the Mounds View City Council November 26, 2012 Regular Meeting Page 10 property at 8005 would not have an infiltration basin. He was in favor of keeping the proposed basin on Mr. Stacy's property to assist in managing the water runoff. Mr. Stacy requested a catch basin be located just north of his driveway. He stated that now was the time to correct the water problems on his lot. Public Works Director DeBar noted the new roadway would be several inches lower than it was currently which would also assist with the water situation. It was his opinion the new street, and a properly graded apron would keep water from running up Mr. Stacy's driveway. Mayor Flaherty asked if the storm inlet could be located to the north of Mr. Stacy's driveway. Public Works Director DeBar stated he was uncertain and felt the current location was proper. He further discussed how changing the storm inlet location would increase construction and grading fees. Mayor Flaherty questioned why the current inlet was getting plugged. Public Works Director DeBar indicated the white pine needles were blocking the inlet. He stated it would be better to remove the pine trees and replant a new species than to relocate the inlet due to the incredible cost that would be associated with the move. Mayor Flaherty encouraged Staff to speak further with the homeowner on this issue after the final plans were completed. Public Works Director DeBar agreed to speak further with Mr. Stacy. MOTION/SECOND: Hull/Stigney. To Waive the Reading and Deny the Appeal for the property at 8000 Woodlawn Drive for John Stacy regarding the proposed Infiltration Basin in Area F of the Street and Utility Improvement Program. Ayes — 4 Nays — 1 (Mueller) Motion carried. Public Works Director DeBar commented the last appeal for the Council to consider was from William Werner, Jr. at 2442 Sherwood Road. The homeowner was appealing based on four parameters the first being significant trees. Public Works Director DeBar reviewed the location of the trees on this lot stating a grouping of trees would be removed due to the street reconstruction. He commented the birch tree would be avoided. There was also concern with the sanitary sewer services being affected. Public Works Director DeBar explained the sanitary sewer lines were seven to nine feet deep, while the infiltration basin would be only two to three feet deep. The homeowner was concerned with the elevation of his property and feels that an infiltration basin would not assist the neighborhood. Public Works Director DeBar commented the water currently was not leaving the street and flowing into the homeowners' property. The last concern was affecting the water table on Mr. Warner's property and putting water into his basement. Public Works Director DeBar discussed the purpose of the infiltration basin stating only the soils immediately surrounding the basin would be affected. Staff recommended the Council deny the appeal request. William Werner, Jr., 2442 Sherwood Road, presented the Council with several photos of his property. He expressed concern that a catch basin was not proposed for the low spot on the Mounds View City Council November 26, 2012 Regular Meeting Page 11 street. He questioned how far the street reconstruction grading would encroach into his front yard. Public Works Director DeBar estimated the street reconstruction would encroach five to ten feet of the yard. Mayor Flaherty suggested the catch basin be located in between the trees and shrubs so as to be hidden. Mr. Werner did not object to catch basins and he understood the purpose. His concern was that his property was already doing its part for water management. He asked if a curb cut could be placed in his front yard instead of the catch basin. This would alleviate the need to remove a large number of shrubs from his front yard. Council Member Gunn appreciated Mr. Werner's suggestion, but stated this would not meet the basin requirements set by the Rice Creek Watershed. Public Works Director DeBar commented the City had to meet a quota based on size and volume in managing the storm water runoff. Mr. Werner requested a hydrologist view his property and view the amount of water already absorbed by his front lawn. He did not feel that his property should also have to have an infiltration basin, as it was doing enough. Council Member Mueller asked if the shrubs were relocated, if Mr. Werner would greater support the basin. Mr. Werner commented if the City was willing to fund this expense, he would support recommendation. Council Member Mueller stated the City could not fund this expense, but grants were available through the Rice Creek Watershed to assist in defraying the cost of saving these plants. Mr. Werner appreciated this information and asked if the Council would support his grant request. The Council was in favor of supporting Mr. Warner's grant request. Council Member Mueller commented the Rice Creek Watershed District's website had a list of approved plantings for the infiltration basins. Public Works Director DeBar discussed several other sites Mr. Werner could view for this information. Mr. Werner stated he was not trying to offload a basin to his neighbors; however, there was doubt if the proposed basin location was correct. He suggested the Council take no action on this item until the final basin placement was determined. Public Works Director DeBar explained he was not going to second guess the consultant's efforts as the hydrologist understood the needs of the City. He found Mr. Werner's property to be a good candidate for a basin. Mayor Flaherty suggested the consultant be contacted for a comment on the basin location and that the City work with Mr. Werner to minimize the loss of bushes. Mr. Werner requested again, that no action be taken this evening until a comment could be provided by the City's consultant. Mayor Flaherty indicated this suggestion would hold up each of the appeals taken this evening. Mounds View City Council November 26, 2012 Regular Meeting Page 12 Mr. Werner then suggested the City work to minimize the depth of the basin encroachment into his yard to reduce the shrub loss in his front yard. He recommended the Council also note for the record their support of a grant to Rice Creek Watershed on his behalf. Council Member Gunn commented the grant would have requirements and only certain plant species would be acceptable. Public Works Director DeBar stated City Staff would have its hands tied if the Council were to approve this recommendation. He estimated a minimum of ten to twelve feet of Mr. Werner's property would be affected. Council Member Mueller questioned if Sherwood Road would be narrowed through the Street Improvement project. Public Works Director DeBar stated Sherwood Road was a standard street and would not be narrowed. He then suggested the basin be relocated away from the bushes to minimize the loss of shrubs. Mr. Werner supported this suggestion so long as the birch tree was not affected. MOTION/SECOND: Flaherty/Hull. To Waive the Reading and Deny the Appeal for the property at 2442 Sherwood Road for William Werner, Jr. regarding the proposed Infiltration Basin in Area F of the Street and Utility Improvement Program. Ayes — 5 Nays — 0 Motion carried. City Administrator Ericson commented one change to the Resolution would be made with regard to Item 5 as the Council approved this appeal for Mr. Espeseth. MOTION/SECOND: Gunn/Hull. To Waive the Reading and Adopt Resolution 8022, Considering Stormwater Infiltration Program Appeals in Area F of the Street and Utility Improvement Program as amended. Ayes — 5 Nays — 0 Motion carried. D. Resolution 8023, Authorizing Stantec Consulting Services Inc. to Perform Final Design and Prepare Bidding Documents for County Road H Sidewalk Project. Public Works Director DeBar stated that the proposal of a sidewalk along County Road H has been discussed in the past. He indicated this sidewalk was reviewed when Area E was completed but the recommendation was made to complete this work with Area F. He estimated the expense of the sidewalk to be $229,000 with the County contributing 25% of the expense. He noted there was a Safe Routes to School Grant that the City could apply for as well. Staff explained both the Park Commission and the Street and Utility Committee recommended the Council authorize Stantec be authorized to perform final design and prepare bidding documents for the County Road H sidewalk project. There would be a maximum fee of $30,000 for these services and funds were set aside within the 2013 budget to cover this expense. Mounds View City Council November 26, 2012 Regular Meeting Page 13 Emily Lang, 2558 Ridge Lane, PTA President at Sunnyside Elementary, agreed with the construction of a sidewalk on County Road H and not on Woodcrest as this would greatly improve the safety for walking children. She recommended the Council proceed with this sidewalk. Scott Merrill, 5046 Red Oak Drive, was pleased with the sidewalk design and that it would be adjacent to the curb. Kimberly Thompson, living at the corner Long Lake Road and County Road H, expressed concern with the proposed sidewalk. She highly doubted the sidewalk would be funded 100% considering there was a sidewalk on the opposite side of the street. She did not feel the sidewalk would increase safety as the main concern for the children was at the school and not along County Road H. Ms. Thompson questioned the timing of the public hearing notice stating she received the notice on Saturday, which did not allow her much time to prepare for this meeting. She stated her property would be devalued by $20,000 with the proposed sidewalk. She suggested the City spend money another way as there was a sidewalk already available on the other side of the road. Deb Ward, 5046 Long Lake Road, opposed the sidewalk. She stated she would lose a great deal of privacy with the proposed sidewalk given the fact her home was already close to the roadway. The sidewalk would bring passer-bys another six and a half feet closer to her home. She stated at a previous meeting she was promised a privacy fence, but did not understand if the City would follow through with this or not. Phaedra Wilson, 5067 Long Lake Road, stated she would have two students at Sunnyside next year. She explained she spent a great deal of time preparing her son of the safety concerns he faced each day when he walked to school. She indicated next year, her daughter would also be a walker. She requested the sidewalk be approved as it would increase the safety for walking children. Sherry Nelson, 7555 Groveland Road, noted she had a fifth grader at Sunnyside Elementary. She indicated it was challenging for her to get her son to and from school, which meant her son now walked to a friends' home after school. She understood the challenges the sidewalk would create for several properties, but she recommended the Council proceed with the sidewalk to increase the overall safety in this area. Mr. Merrill asked if County Road H would be signed or stenciled to identify the bike lane. Public Works Director DeBar commented Ramsey County was moving away from designated bike lanes. Mayor Flaherty understood the children needed a safe route to school. He questioned if there was a traffic concern with the bike traffic coming down the hill on County Road H towards Edgewood Drive and if the children would be able to fully stop at the stop sign. Public Works Director DeBar commented he would hope children were not riding their bike in this lane going Mounds View City Council November 26, 2012 Regular Meeting Page 14 against traffic. He did not condone people riding their bikes on the sidewalk but it happens. Mayor Flaherty was in favor of guiding the pedestrian traffic to Eastwood to the school via Woodcrest Drive. Ms. Ward questioned the car count along County Road H on a daily basis. Public Works Director DeBar estimated this to be 6,000 cars per day. Council Member Gunn stated the same conversations were held by the Council the last time this item was before the Council. She indicated if the children were routed through the neighborhood, they would be walking on City streets and would still have to come out to a busy County road to get to the schools. She supported the sidewalk and the entire project as proposed. She stated more and more kids would be walking to school and the safety in this area needed to be improved. Council Member Mueller agreed and supported the sidewalk. Council Member Hull commented he had a five year old that would be starting at Pinewood next year and would be walking to school. He understood the safety concerns raised this evening and would be supporting the sidewalk. Mayor Flaherty was still in favor of diverting the children to the side streets. MOTION/SECOND: Hull/Mueller. To approve Resolution 8023, waiving the Reading Authorizing Stantec Consulting Services Inc. to Perform Final Design and Prepare Bidding Documents for County Road H Sidewalk Project. Council Member Mueller indicated a lot of communities were stressing walk -able communities. She saw the proposed sidewalk being used by both children and adults, and would enhance the City's walk ability. Mayor Flaherty stated his only issue was the intersection at County Road H and Edgewood. Council Member Mueller suggested this intersection become a three-way stop, versus a one-way stop. Mayor Flaherty indicated this would take County approval, but may be possible. Ayes — 4 Nays — 1 (Flaherty) Motion carried. E. Resolution 8026, Assigning General Fund Balance for Future Levy Reduction and Stabilization. Finance Director Beer stated in 2011 the City adopted GASB 34, which required the closing of several funds, one being the levy reduction fund. He indicated the Council wished to maintain Mounds View City Council November 26, 2012 Regular Meeting Page 15 the character of the levy reduction fund and draw that down on a measured basis over several years. He explained new accounting methods required "committed" funds through an Ordinance. Staff recommended instead that the Council "assign" funds by Resolution. MOTION/SECOND: Mueller/Hull. To Waive the Reading and Adopt Resolution 8026, Assigning General Fund Balance for Future Levy Reduction and Stabilization. Ayes — 5 Nays — 0 Motion carried. F. Resolution 8024, Accepting Work for Lambert Park Shelter Construction and Authorizing Final Payment to Ebert Construction Company. Public Works Director DeBar stated that Ebert Construction built the Lambert Park Shelter and the project came in under budget and was complete. Staff recommended the Council accept the work and authorize final payment to Ebert Construction. Council Member Stigney questioned the brand of roofing on the park shelter. Public Works Director DeBar commented the roof was an Owens Corning product and came with a 30 year limited warranty. Mayor Flaherty was pleased with the work completed on this park. He encouraged all residents in Mounds View to visit this park. MOTION/SECOND: Gunn/Hull. To Waive the Reading and Adopt Resolution 8024, Accepting Work for Lambert Park Shelter Construction and Authorizing Final Payment to Ebert Construction Company. Ayes — 5 Nays — 0 Motion carried. G. Resolution 8025, a Resolution Rescinding Resolution 8018, to Correct a Contribution Error to Marge Norquist's Retirement Health Savings Plan. City Administrator Ericson indicated there was a calculation error to Marge Norquist's retirement health savings plan contribution. He explained that because she was a 10 year employee she qualified for an enhanced payout. Staff recommended the Council rescind Resolution 8018 and approve Resolution 8025, which would correct the error. Council Member Mueller questioned who found the error. City Administrator Ericson indicated upon reviewing the personnel manner for another matter, the mistake was found. MOTION/SECOND: Mueller/Hull. To Waive the Reading and Adopt Resolution 8025, a Resolution Rescinding Resolution 8018, to Correct a Contribution Error to Marge Norquist's Retirement Health Savings Plan. Ayes — 5 Nays — 0 Motion carried. Mounds View City Council November 26, 2012 Regular Meeting Page 16 H. Resolution 8028, a Resolution Approving the Repair of Community Center Gymnasium Floor. Public Works Director DeBar explained there was an incident at the Community Center where a drinking fountain leaked onto the gym floor overnight. When the YMCA staff found the problem the next morning, a portion of the hardwood floor was soaked and has since buckled. He commented that 600 square feet of the hardwood flooring was in need of replacement, as the existing boards could not be fixed. Staff recommended the Council authorize the repair and buffing of the gymnasium floor. He explained the water supply to the drinking fountains has been shut off and the drinking fountains would be removed from the gym. Mayor Flaherty asked how the Community Center fund balance was at this time. Finance Director Beer stated there was a fund balance available to cover this expense. MOTION/SECOND: Mueller/Gunn. To Waive the Reading and Adopt Resolution 8028, a Resolution Approving the Repair of Community Center Gymnasium Floor striking the language at the end of Item 3. Ayes — 5 Nays — 0 Motion carried. 8. CONSENT AGENDA A. Set a Public Hearing for Monday, December 10, 2012, 7:00 p.m. to Consider Ordinance 875, a Franchise Agreement with Xcel Energy for Natural Gas Operations in Mounds View. B. Set a Public Hearing for Monday, December 10, 2012, 7:00 p.m. to Consider Ordinance 876, a Franchise Agreement with Xcel Energy for Electric Operations in Mounds View. MOTION/SECOND: Mueller/Hull. To Approve the Consent Agenda as presented. Ayes — 5 Nays — 0 Motion carried. 9. JUST AND CORRECT CLAIMS Finance Director Beer answered the Council's questions related to claims. MOTION/SECOND: Gunn/Mueller. To Approve the Just and Correct Claims as presented. Ayes — 5 Nays — 0 Motion carried. 10. APPROVAL OF MINUTES A. October 22, 2012, City Council Meeting Minutes. Mounds View City Council November 26, 2012 Regular Meeting Page 17 Council Member Hull requested a correction on Page 1, Line 32, stating own should be owed. MOTION/SECOND: Mueller/Hull. To Approve the October 22, 2012, City Council meeting minutes as amended. Ayes — 5 Nays — 0 Motion carried. 11. REPORTS A. Reports of Mayor and Council. Council Member Hull asked if how the City could respond to a business owner that was monopolizing City Staff's time. City Administrator Ericson commented this was a valid concern and he stated he was working to ensure this did not continue. Council Member Mueller stated there were several openings on the City's Charter Commission and Economic Development Commission. She encouraged those interested in serving to contact City Hall for further information. She noted the Festival in the Park Committee was also in desperate need of volunteers. She commented the group met on the third Tuesday of each month and was already planning next year's event. Council Member Mueller indicated the City was also seeking volunteers for the K-9 fundraising committee. She explained a community -wide event was planned for Sunday, January 13, 2013 from 1:00-3:00 p.m. at the Community Center. Proceeds from a community -wide Tupperware Party would go to help support the City's K-9 unit. Council Member Mueller commented the League of Minnesota Cities publication recently recognized Public Safety Director Jacobson from the City of New Brighton. Council Member Mueller encouraged all residents to read the most recent Mounds View Matters. She noted she attended the Ramsey County League of Local Government meeting. She then thanked Roger Stigney for his years of dedicated service to the City of Mounds View. Council Member Gunn indicated Santa Claus would be coming through the City of Mounds View on a fire truck on Wednesday, December 5th. She reviewed the proposed parade route noting the event would serve also, as a canned food drive. B. Reports of Staff. City Administrator Ericson indicated the Minnesota Institute of Public Health was now closed. He was sorry to see this business closing in the City of Mounds View. He stated the Hostess Bakery Thrift Store in Mounds View would also be closing. City Administrator Ericson commented four out of the five traffic signals on Highway 10 tested positive for lead based paint. He questioned how the Council wanted to proceed with the Mounds View City Council November 26, 2012 Regular Meeting Page 18 repainting of these signals. The Council was not in favor of repainting the signals at this time as it would be too costly. City Administrator Ericson noted he attended the Lambert Park Grand Opening. He indicated the Charter Commission met two weeks ago and discussed reviewing and updating Chapter 8 of the Charter. A future joint meeting between the City Council and Charter Commission was being planned. Public Works Director DeBar discussed a change in the water pressure yesterday stating a valve was stuck open and did not allow the water tower to fill back up. He commented the system still had pressure and was fixed in less than an hour by Public Works staff. He apologized for any inconvenience this caused the residents. Council Member Stigney recommended the Mounds View Matters have an emergency number for water concerns be placed on the back cover. Public Works Director DeBar noted the Parks Commission met several weeks ago and discussed the open seats. He commented the group discussed the number of members that should be on the Park Commission as it was currently at seven, but used to be nine. There was a new member interested in serving that was a licensed forester. Mayor Flaherty suggested the new member be steered to another committee. C. Reports of City Attorney. City Attorney Riggs reviewed his monthly report with the Council. 12. Truth in Taxation Meeting: Monday, December 3, 2012 at 6:00 p.m. Next Council Work Session: Monday, December 3, 2012, at 7:00 p.m. Next Council Meeting: Monday, December 10, 2012, at 7:00 p.m. 13. ADJOURNMENT The meeting was adjourned at 12:03 a.m. Transcribed by: Heidi Guenther TimeSaver Off Site Secretarial, Inc.