HomeMy WebLinkAboutMinutes - 2006/01/23• PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL
CITY OF MOUNDS VIEW
RAMSEY COUNTY, MINNESOTA
x'1.3- b,6
Regular Meeting ~"
January 23, 2006
New Brighton City Hall
803 Old Highway 8, New Brighton, MN 55112
7:41 P.M.
1. MEETING IS CALLED TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL: Marty, Stigney, Gunn, and Thomas
NOT PRESENT: Flaherty
4. APPROVAL OF AGENDA
A. Monday, January 23, 2006 City Council Agenda
MOTION/SECOND: Stigney/Thomas. To Approve the Monday, January 23, 2006 agenda as
presented.
Ayes - 4 Nays - 0 Motion carried.
5. PUBLIC INPUT
Khaldon Bteibet approached the Council regarding the issues with the gas station located on
2390 Highway 10. He stated that he had building violations and there is a court date set for
February 16, 2006. He stated that he wished to have the violations removed from his record and
walk away from Mounds View with a clean record. He reported that the signs have been taken
down on all the sides of the building, and there is no grass over eight inches long remaining. He
stated that the issues with the canopy and the car wash were bigger than him and that he was not
cited for those items. He explained that the City cited him for the signs on the building and the
grass. Mr. Bteibet stated that he took care of those issues, and requested the Council to remove
the citations from his record.
Mayor Marty questioned when the signs were taken down. Community Development Director
Ericson responded the signs were taken down last week.
•
Mounds View City Council January 23, 2006
Regular Meeting Page 2
• Mayor Marty stated that Mr. Bteibet approached the Council in December and it was noted that
removal of the signs was part of the citation. Mayor Marty questioned Mr. Bteibet why he
waited until last week to remove the signs.
Mr. Bteibet stated that his ladder was stolen from the back of building, and he could not get to
the back of the roof as he did not want to hire someone to do it and pay the costs. He stated that
he recently did get someone to take the signs down for $100.
Mayor Marty stated that he recalled this issue in a lengthy Council discussion that Mr. Bteibet
was unable to attend. Mayor Marty stated Mr. Bteibet has been cited numerous times over a long
period of time and no responses were received by letter or phone. Mayor Marty explained that
the fire marshal cited Mr. Bteibet for fire code violations and there was no correction or response
to those violations.
Mayor Marty recalled that the first time Mr. Bteibet approached the Council was at the beginning
of December to plead his case. Mayor Marty stated the Council listened and referred Mr. Bteibet
on to another meeting. Mayor Marty stated that last month when the issue was discussed again,
the signs still had not been taken down and there were no corrective actions taken. Mayor Many
stated neither Mr. Bteibet nor a representative attended that meeting. He added that the City had
sent letters and contacts from the building inspector, fire inspector, and so forth, with little to no
response, so at that time the Council decided to refer it on.
• Mayor Marty stated that even though it was a month ago, as Mr. Bteibet stated, the signs only
came down recently while the citations were given last fall or summer, so Mr. Bteibet would
have had a ladder up to a month ago. Mayor Marry stated that Mr. Bteibet would need to show
that he is willing to work and cooperate with the City, as actions up to this point have been rather
minimal.
Mr. Bteibet stated that he did not disagree with what Mayor Marty is saying, and he apologized
and admitted that he did not take fast or good action as far as the signs. Mr. Bteibet stated that he
has tried many routes in business, only to reach dead-ends. He stated he has visited Director
Ericson in City Hall and discussed different options on how to approach the problem. Mr.
Bteibet stated that he also talked to Oasis Market and they advised him that he could transfer the
lease if he found some people interested in investing in the business. He stated that he does not
just want to walk away, and that he is not here just to try to take the citations off his record, but
he is trying to be responsible by continuing to stay in business and keeping the gas station open
every day. Mr. Bteibet apologized for not taking the signs down right away and stated it was not
because he did not want to.
Director Ericson added that Mr. Bteibet is asking the Council to delay the enforcement of the
abatement provisions on his property regarding the removal of the canopy and the boarding up of
the window. Director Ericson stated that the City has received bids and are able to award the
contract tomorrow to abate the property in regard to the canopy and the windows. Director
• Ericson pointed out that Mr. Bteibet is asking the Council for time to arrange for financing or the
investment group to reattach the canopy so it's back over the gasoline pumps. Director Ericson
Mounds View City Council January 23, 2006
Regular Meeting Page 3
stated that it is not something he can do but if the Council wants to delay awarding that contract,
the Council has the power and ability to do so.
Councilmember Thomas stated that she agreed with the majority that the main point of the
citation is to get the action taken care of. She stated that if Mr. Bteibet can present everything he
was cited for and explain how it was taken care of and dealt with, at that point, consideration
could be given about dropping any other action. She stressed that everything the citation noted
would have to be completed. She stated that if the citations were significantly unaddressed, there
would be something else to discuss.
Councilmember Thomas stated that she does not know how long the Council should be willing to
wait on the canopy as the timeframe is unknown for finding investors, but she does know the
new business next door is affected because of the canopy is a blight issue for that business. She
stated that the time frame needs to be limited due to safety considerations and cannot be delayed
for more than a couple of weeks.
Mr. Bteibet stressed he was not cited for the issues with the canopy and car wash, and stated that
he does not want to walk away from this issue, even if investors can be found to fix the gas
station and get it going. Mr. Bteibet stated that nothing would be in it for himself.
Councilmember Thomas stated it will need to be shown to the City that all of the items that Mr.
Bteibet was specifically cited have been resolved. Mr. Bteibet stated that to his knowledge, the
three items he was cited for have been taken care of, and apologized for the delay in the remedy
of these citations.
Mayor Marty inquired if the fire code violations have been included. Director Ericson stated that
it was his understanding that they have been corrected. He stated that the partially dismantled
roof has been completely dismantled and removed. He stated that the two signs that were erected
without permits have been removed and are no longer an issue. He also noted that by removing
the partially demolished roof treatment, this has helped to address the issue of the blight of the
building. He stated that Mr. Bteibet has addressed those violations.
Mayor Marty stated that having the canopy sitting in the parking lot blocks the new business that
is next door.
Mr. Bteibet stressed that he has a couple of individuals that approached him to invest in the
business. He stated that he was honest with the potential investors that there are issues with the
lease and the City. He stated that if the issues are resolved, the investors would be open to
paying the costs of fixing the canopy and turning it into a presentable business.
Mayor Marty inquired whether this issue should be discussed at the January 30, 2006 Work
Session. City Administrator Ulrich stated that the work session agenda is fairly full. Mayor
Marty stated that he would like to look into the issue a little more at a different time.
•
Mounds View City Council January 23, 2006
Regular Meeting Page 4
• City Administrator Ulrich stated that one of the things that he has not heard is the timeframe
involved. He questioned Mr. Bteibet regarding what the timeframe is and how long enforcement
would need to be delayed. Mr. Bteibet responded that two weeks would be more than enough,
and he stressed that he is trying to resolve this issue for whoever takes over the business.
Mayor Marty asked when the City is willing to act on the bids, and Council stated it would be
tomorrow.
City Administrator Ulrich asked Director Ericson how long the bids are valid. Director Ericson
stated that there is probably a 30 or 45 day window, but he will double check.
Councilmember Gunn questioned if the lowest bidder would still be able to complete the project
immediately if the issue is pushed out two weeks. Director Ericson replied there were three bids
received, and if the low bidder is unavailable to do the work, the next lowest bidder would be
selected.
Mayor Marry asked if the bids are relatively close. Director Ericson stated that there is a $2,000
difference between the two lowest bids.
City Administrator Ulrich proposed to give Mr. Bteibet until the February 13 Council meeting.
He stated this would give him a three week time frame, the bids still would be good and it would
give him more time to make the corrections. City Administrator .Ulrich pointed out that the
i canopy damage was a result of the storm and not neglect by the business operator. He stated that
in itself calls for leniency with anticipation that the property owner would make corrections by
that time.
Councilmember Gunn asked if there would need to be a court date if the citation items are taken
care of. Mayor Marry stated that it would be up to the Council, and he would like to have more
discussion at the January 30, 2006 Work Session.
Councilmember Gunn pointed out that if the Council waits until the February 13, 2006 meeting,
it would be only one day before the court date. Mayor Marry confirmed that the Council- should
let the courts know ahead of time.
Councilmember Stigney stated that if progress has been made before the next meeting, Mr.
Bteibet could give City Administrator Ulrich an update as to where he is at in the progress.
Councilmember Gunn stated that the citation from Ramsey County is already done and Mr.
Bteibet is not involved with that.
Mayor Marty stated that Mr. Bteibet is asking for the citations that he was specifically charged
with to be removed from his record. Mayor Marty confirmed that the canopy and the car wash
are not part of the action needed.
Mounds View City Council January 23, 2006
Regular Meeting Page 5
• Councilmember Stigney questioned if the case needs to go to court if it has been corrected.
Director Ericson followed up with the analogy if one speeds and gets a ticket and then slows
down to the speed limit, one would still need to pay the ticket.
Director Ericson stated that the intent of writing a court citation is to seek compliance. He stated
this does not mean that if compliance is achieved, the ticket would be waived. He stated that this
is a decision that the Council needs to make.
Councilmember Stigney and Mayor Marty asked Mr. Ericson for recommendation of the next
action. Director Ericson stated that if it is the issue of waiving the ticket, it is recommended the
decision be made tonight because nothing will change between now and then about the
violations. He stated if the Council wanted to wait to get canopy erected or other issues
corrected, then the issue could wait until the work session. Director Ericson stated that the
decision should be made tonight.
Mayor Marty proposed that the item be added as Agenda Item K at the end of Council business.
Councilmember Stigney asked Director Ericson for his recommendation. Director Ericson stated
that there is no problem if the Council waives the court citation, because the corrections have
been made. He stressed that his concern is the canopy and it needs to be removed or re-erected
over the gasoline pumps.
• Councilmember Gunn asked if there is a dollar fine that goes with the court citation. Director
Ericson replied that the decision is completely at the discretion of the judge.
Councilmember Gunn asked if the decision can be made within a week about the investors in the
gas station. Mr. Bteibet responded that he could call the investors tomorrow to see if he can get
an answer. He stated he is trying to get citizenship and this issue can affect his application for
citizenship.
Councilmember Thomas restated that the purpose of a citation purpose is to achieve compliance
and not to be a punitive body. She stated it would be a waste of City and staff time to proceed.
She stated that she was fine with dropping the charges as long as compliance has been made.
Councilmember Stigney agreed and stated that the Council should concentrate on the canopy
issue.
Councilmember Gunn agreed and stated that two weeks is too long to wait for resolution on the
canopy and car wash.
Councilmember Thomas suggested that the canopy and car wash issue be added to the January
30, 2006 Work Session agenda. Mayor Marty agreed to add the item to the work session, and
Councilmember Stigney and Councilmember Gunn pointed out that Mr. Bteibet can provide an
. update at that time.
Mounds View City Council January 23, 2006
Regular Meeting Page 6
• Mayor Marty told Mr. Bteibet that he understood the position he was in, and pointed out that Mr.
Bteibet does not own or lease the property or the building, and only has a license from the City.
Mayor Marty stated he has known Mr. Bteibet for several years and recognizes that he is trying to
make the business work. Mayor Marty stated he concurred with the Council to not take the issue
to court and asked staff to let the prosecuting attorney know. He stated that this issue along with
the canopy and car wash issues will be added to the January 30, 2006 Work Session agenda.
Mr. Bteibet stated that he would provide Director Ericson with any updates, as well as attend the
January 30, 2006 work session meeting.
MOTION/SECOND: Thomas/Marty. To waive the court date for Mr. Khaldon Bteibet and
discuss the issues regarding the canopy and car wash at the January 30, 2006 Work Session.
Ayes - 4 Nays - 0 Motion carried.
Mr. Bteibet thanked the Council.
Stan Meyer, 2812 Sherwood Road, voiced his concern with Steve's Appliance. Mr. Meyer stated
that he would like the business owner to get rid of the appliances in the front and on the side of
the building, as it looks quite trashy. Mr. Meyer asked if it would be possible for the Council to
ask Steve's Appliance to tidy up his property, as he has property right behind the business and
they should be able to store it someplace else.
•
Mayor Marty stated this has been an issue for years.
Mr. Meyer stated he does not like seeing everything outside the building when he drives by, and
he has to be a good neighbor, too.
Mr. Meyer added that regarding the canopy in the last case, it should be put back up right away, a
lien should be placed on the property, and charged interest on it so it falls under the responsibility
of the property owner. Mayor Many stated this issue would be discussed at the January 30, 2006
work session.
David Jahnke, 8428 Eastwood Road, asked what the phrase "Please limit your comments to three
minutes" means. He stated that one person got up four times in the last Council meeting, and one
or two persons took up the whole EDA meeting tonight. He stated that there should be some
order in these meetings. Mr. Jahnke stated that during the last meeting, as was requested, he
spoke directly to Mayor Marty, while the City Building Inspector talked directly to the person
that asked questions and did not face Mayor Marty, and he wanted to know if this was
acceptable.
Mayor Marty stated that the Building Inspector should have directly responded to him rather than
to the person asking the question. He stated that in regard to the time limit, the time City Council
or City staff spends answering the question is not counted towards the time limit. Mayor Marty
stated that the Council tries to adhere to the three minute guideline for the public input part of the
Mounds View City Council January 23, 2006
Regular Meeting Page 7
• meeting. He added that if there is an agenda item that is being discussed, the three minute
guideline is used if there is a full house. Mayor Marry stated that if there are only a handful of
people in attendance, the Council gives more leniency to let residents communicate their
thoughts.
Councilmember Thomas stated that Mr. Jahnke made a good point and it is well taken, as the
Council is currently significantly behind on the agenda.
Mr. Jahnke stated that people have a lot of questions, and he does not blame them for this, but
suggested that some of the questions be asked during the week. Mr. Jahnke suggested that
residents call City Administrator Ulrich, as he has always been more than happy to answer
questions and if he cannot answer the question, he finds out how to answer it. Mr. Jahnke stated
this would save time at the meeting.
Mayor Marry stated that this would be a good option if citizens had the opportunity to talk to Mr.
Ulrich during the week.
Duane McCarty, 8060 Long Lake Road, commented that in the Mounds View City Charter, it
states that for any public meeting, the Council should not prohibit but place reasonable
restrictions on citizens' comments and questions. Mr. McGarry questioned if three minutes is
reasonable.
• 6. SPECIAL ORDER OF BUSINESS
None.
7. COUNCIL BUSINESS
A. 7:05 p.m. Public Hearing for the Second Reading on Ordinance 767, an
Ordinance Implementing a Franchise Fee on Xcel Energy Electric and
Natural Gas Operations within the City of Mounds View for the Year 2006.
Finance Director Beer explained that this is an ordinance to receive a second reading at a public
hearing tonight. He stated that a notice of the public hearing and second reading was published
in the January 4, 2006 edition of the New Brighton-Mounds View Bulletin.
Finance Director Beer explained that this ordinance continues the agreement with Xcel Energy
under which Xcel Energy will collect a franchise fee in the amount of 4% of Xcel's electric and
natural gas gross operating revenues for services within the City of Mounds View during the year
2006.
Finance Director Beer stated that Ordinances 517 and 518 passed on October 13, 1992 originally
enacted the franchise fee agreement.
•
Mounds View City Council January 23, 2006
Regular Meeting Page 8
• Finance Director Beer reported franchise fees of $265,000 for the General Fund and $265,000 for
the Street Improvement Fund are included in the 2006 budget.
Finance Director Beer stated that if approved by the City Council, the ordinance will then be
published in the New Brighton-Mounds View Bulletin and take effect 30 days after publication.
Mayor Marty opened the public hearing at 8:14 p.m.
There being no public input, Mayor Marty closed the public hearing at 8:14 p.m.
Councilmember Stigney questioned staff if Xcel Energy is agreeable to remove the language in
the ordinance regarding waiving fees for ensuing years. Finance Director Beer stated that it has
not been discussed yet.
Councilmember Stigney requested legal interpretation. City Attorney Riggs stated that the
ordinance that goes into effect follows the franchise agreement and includes an agreement that
the language can be taken out. He stated that this does not mean there might not be somewhat of
an argument, but it is in control of the City.
Mayor Marty stated this item was prepared a little late this year.
Councilmember Stigney stated that once things take effect, sometimes it is kind of hard to correct
i them.
City Attorney stated that Finance Director Beer discussed the issue with Mark Vose and with
Excel Energy.
Mayor Marty stressed next year this item should be taken care of in the fall. Finance Director
Beer stated that it is on his calendar for August 1, 2006.
MOTION/SECOND: Gunn/Thomas. To waive the reading and adopt Ordinance 767, an
Ordinance Implementing a Franchise Fee on Xcel Energy Electric and Natural Gas Operations
within the City of Mounds View for the Year 2006.
ROLL CALL VOTE:
Mayor Marty Aye
Councilmember Gunn Aye
Councilmember Stigney Aye
Councilmember Thomas Aye
Ayes - 4 Nays - 0 Motion carried.
Mounds View City Council January 23, 2006
Regular Meeting Page 9
• B. 7:10 p.m. Public Hearing for the Second Reading on Ordinance 768, an
Ordinance Implementing a Franchise Fee on Center Point Energy Natural
Gas Operations within the City of Mounds View for the Year 2006
•
Mayor Marty opened the public hearing at 8:17 p.m.
Finance Director Beer explained that this is an ordinance to receive a second reading at a public
hearing tonight. He stated that a notice of the Public Hearing and second reading was published
in the January 4, 2006 edition of the New Brighton-Mounds View Bulletin.
Finance Director Beer explained that this ordinance continues the agreement with Center Point
Energy under which Center Point Energy will collect a franchise fee in the amount of 4% of
Center Point's natural gas gross operating revenues for services within the City of Mounds View
during the year 2006.
Finance Director Beer stated that Center Point Energy has agreed to waive the time requirements
for notice to continue collecting the franchise fee.
Finance Director Beer explained that franchise fees collected under this agreement are minimal
due to Center Point Energy's small customer base within the City of Mounds View. He stated
that it is not a significant amount of revenue for the City.
Finance Director Beer stated that if approved by the City Council, the ordinance will then be
published in the New Brighton-Mounds View Bulletin and take effect 30 days after publication.
There being no public input, Mayor Marty closed the public hearing at 8:18 p.m.
MOTION/SECOND: Stigney/Gunn. To waive the reading and adopt Ordinance 768, an
Ordinance Implementing a Franchise Fee on Center Point Energy Natural Gas Operations within
the City of Mounds View for the Year 2006.
ROLL CALL VOTE:
Mayor Marty Aye
Councilmember Stigney Aye
Councilmember Gunn Aye
Councilmember Thomas Aye
Ayes - 4 Nays - 0 Motion carried.
C. Review Request from Tom Belting to Allow Proof of Parking at the
Community Center
• Community Development Director Ericson stated on October 10, 2005, the City Council
approved Resolution 6633, which approved a single story, 8,300 square foot office development
Mounds View City Council January 23, 2006
Regular Meeting Page 10
• for Dr. Greg Belting. Mr. Ericson explained that the building is located in between Mounds
View Community Center and Walgreens.
Director Ericson explained that there is a provision in the resolution of approval that requires the
Beltings to execute a cross access, joint parking and maintenance agreement with the adjoining
Walgreens site. Director Ericson stated that Walgreens is not willing to consent to such an
agreement at this time. He also stated that the local management of the Walgreens store said that
overflow parking is not a big deal; however, this has not been obtained by writing.
Director Ericson noted that the Belting building is seven stalls short on parking. Based on the
square footage of the building and parking requirements, the building requires 50 parking stalls
and there are currently 43 stalls. He is asking the Council for consideration as to where the seven
additional stalls can be located.
Director Ericson stated that the Council considers three options relating to the parking dilemma.
He explained that the first option is to allow parking in seven stalls in the Community Center
parking lot. Director Erickson explained that there is adequate parking at the Community Center,
but he is not sure the Community Center wants to start to obligate or parcel off parking spots. He
stated that the Beltings have indicated they will likely never need the stalls, and if they do, they
would park as far away from the Community Center as possible.
Director Ericson explained that the second option is to waive the requirement to provide the
• additional seven stalls. He stated that this it not typically done and it opens the door for
precedent for other entities to ask for the same type of consideration in the future.
Director Erickson stated that the third option is for the applicants to apply for a variance process
with the Planning Commission. He stated there may be some hardship in this option as the
development was approved with the vision of joint parking and recognition that there would be
some overflow parking for either site.
Director Ericson stated that the Beltings are asking for relief and it is his personal opinion that
the building will never need the seven stalls. He stated that he hesitates for the City Council to
waive the requirement for the seven stalls. He stated the PUD process was created and intended
to allow for flexibility. He stated it allows for joint planning and looking at development on a
more comprehensive basis and that is why the parcel on the site was developed for interplay with
two uses.
Director Ericson stated that joint parking was intended in the development agreement, but it
cannot be documented in writing because the Walgreens owners do not agree.
Director Ericson stated that the Beltings would like some consideration from City Council
regarding this issue. He explained that the alternative to not being able to park in the Community
Center lot would be either to have a waiver of the additional seven stalls or an amendment to the
• PUD. He added that if these alternatives cannot be achieved, the Beltings would have to cut off
Mounds View City Council January 23, 2006
Regular Meeting Page 11
• part of the building space to equa143 stall for the ratio, and while it can be done, it is certainly
not Belting's top choice.
Director Ericson stated that staff recommends something be done since the development is a
master plan site; it may be straight forward to amend PUD document to reflect 43 parking spots
for this site.
Tom Belting and Dr. Greg Belting, 1525 Sherman Lane North, Lino Lakes, approached the
Council and offered to answer question.
Councilmember Gunn asked what kind of businesses would be located in this building. Greg
Belting replied that the building will be an office condominium that will house professional
businesses such as his. He stated that there are restrictions against certain businesses such as
gifts, gift wrapping, flowers, and so forth that might compete with Walgreens. Mr. Belting stated
that Walgreens will not want any of those types of businesses in the building.
Councilmember Gunn asked if the whole parking lot might have ten to twenty cars. Mr. Greg
Belting stated that for his business, it would be himself, his employees, and perhaps five patients
at a time.
Tom Belting, 122 Backwood Street, explained he has been working under an easement
agreement, which was enacted prior to the development agreement. He stated that the easement
• agreement was created in 2001. Mr. Tom Belting stated it is restrictive and it was their
understanding as well as the City's understanding that cross parking would be allowed. He
explained that it actually says that it is not allowed. He stated that they had to get Walgreens to
sign off on an 86,000 foot building that they have now approved. Mr. Tom Belting stated that in
good faith, he talked to the manager about the parking stalls. He stated his agreement with
Director Ericson that amending the PUD agreement is the best option.
Councilmember Thomas stated that this is a tough spot to be in. She stated that parking
requirements are closely watched, as there are several issues problematic, even at the required
levels. She stated when looking at the development, there is no street parking. She stated that no
matter what is done, in practical reality, people will continue to park at Walgreens and the
Community Center, in whatever spot is closest to the place they are going, no matter what the
legal agreement says. Councilmember Thomas stated that as part of the agreement, the Council
understood that this site did not have enough room without sharing overflow parking with the
other site. She stated that this was the intent when it was done. She explained that this was
discussed, but it never occurred to the Council that Walgreens would have difficulty with putting
it in writing.
Councilmember Thomas stated that as the PUD, the Council needs to realize it never intended
that many stalls.. She stated that it is not actually changing the PUD, as the PUD is accurate as
far as how many stalls there are expected to be. She stressed that in practical reality, the City
• should closely watch for parking problems, as people will park where they can that is most
Mounds View City Council January 23, 2006
Regular Meeting Page 12
• convenient. She stated she is unaware of any other choice than to amend the PUD to accurately
reflect what was intended at the time.
Councilmember Stigney stated that another option is to have the Beltings go to the Planning
Commission for a variance. He referenced the third option regarding amending the PUD and that
it may not be feasible to have a sidewalk. Councilmember Stigney asked Director Ericson to
give the Council a report.
Director Ericson stated he looked at the location of the proposed sidewalk noting the fourth page
of the staff report shows an extension leading to the parking lot. He commented what would
actually work is if the sidewalk was swung around the north side of the building which would be
perfectly in line with the front of the Community Center. Director Ericson commented staff has
investigated placement around the north side of the building and it would not interfere with
parking because at that point there is no parking and it would lead right into the front of the
Community Center. He mentioned that the Beltings are willing to provide that sidewalk
connection.
Councilmember Stigney asked if it is implied that parking is being funneled to the Community
Center. Director Ericson stated it is staff's position that it provided for inner connectivity
between the two uses; to allow people at the Community Center to go to the Belting building or
vice versa. He explained that it would provide a means of access at either building, as opposed
to using Edgewood Drive, and it would promote connectivity.
• Councilmember Sti ne stated b uttin a sidewalk there, arking is being promoted.
g Y Yp g p
Mayor Marty stated there is a path from Walgreens to the front of the Community Center. He
stated that having this sidewalk that could be cleared in the winter and would be an amenity.
Councilmember Thomas stated her agreement with Councilmember Stigney that this would
funnel parking to the front spots of the Community Center that are already heavily used. She
stated the City is asking for more problems and this would be unfair to the users of the
Community Center.
Councilmember Gunn suggested that appropriate signage could be placed to indicate
"Community Center Parking Only."
Mayor Marty stated that there are approximately ten parking spots in front of the Community
Center, and approximately 15 parking spots on the north side. He noted that these spots always
fill up and no one wants to park by the basketball courts and trek all the way around the building.
Mayor Marty suggested that signage stating "Violators Will Be Towed" should be placed on the
front parking spots.
City Administrator Ulrich stated the Mounds View Community Center Task Force is considering
• future uses of the building and how some of those may change. He stated that another alternative
is converting the parking to make it a cash contribution basis. He stated that it could be
Mounds View City Council January 23, 2006
Regular Meeting Page 13
• calculated how much it would cost to build seven parking stalls and put that into an account
where the City could use it to either expand parking on the Community Center or City Hall lot, or
by building sidewalks in appropriate locations. City Administrator Ulrich noted that this presents
another alternative so not only is consideration given, but a cash contribution would be taken in
lieu of looking at future parking and pedestrian circulation needs for the entire site.
Mayor Marty stated that the site was originally proposed for a restaurant, which would generate a
lot more traffic than professional office businesses. He explained that it was presumed that
Walgreens would share the parking lot because Walgreens was supposed to be helping attract a
restaurant business, but that did not happen.
Mayor Many stated that he can see the need for a sidewalk in that area as well, as these are prime
spots for parking for the Community Center. He noted that these spots would be most
advantageous for the office building. He stated that he can see three sides to the issue. Mayor
Marty agreed with Councilmember Thomas that it is a PUD and he is a little surprised that
Walgreens did not step up to the plate, but as was stated earlier, this was never really intended to
shoulder all the parking responsibilities. He pointed out that as Councilmember Thomas also
stated, if there are not enough parking places, people will find a parking place anyhow.
Mayor Marty stated that he had not thought about the Community Center Task Force. He stated
perhaps some more parking can be created at the Community Center somewhere, because he has
seen times where the lot has been full and people will park across the street at City Hall, and also
• at Walgreens.
Mayor Marty asked City Administrator Ulrich what he would suggest and asked when the
Community Center Task Force will meet next. City Administrator Ulrich stated that the meeting
is scheduled for next Tuesday. He commented that part of the agenda is to look at the exterior of
the Community Center to see what the grounds are and what they are used for. He noted that
they could touch on the parking issue to see if recommendations to City Council could come
forward from the Task Force.
Mayor Marty asked the Beltings if there is a time frame for this issue. Mr. Tom Belting
responded that they had hoped to get going right away, but there has been the delay from
Walgreens. He referenced the concern with parking at the Community Center, and said that staff
had been informed that the parking there would only be emergency overflow from employees.
Mr. Belting specified that there is only office space there, so if they need overflow parking, then
employees of the building would park at the far end of the Community Center, but they do not
anticipate clients parking there.
Mayor Marty explained that the Council has run into parking issues before, such as when a
building was built and then had a change in tenants and the parking lot was full all the time. He
explained that it became a safety issue with people pazking on the streets, so the Council is well
aware of what the parking issues could be and may be.
•
Mounds View City Council January 23, 2006
Regular Meeting Page 14
• Dr. Greg Belting stated that although he has not been able to get Walgreens, Inc. to sign off on
the parking, the people that manage the building told them in good faith that they do not have a
problem with overflow parking. He explained it is Walgreens Corporate that refuses to sign off
and it is not a local management issue. Mr. Tom Belting stated there was an agreement in place
in 2001 that they were not aware of until lately that prohibits jointed parking.
City Administrator Ulrich asked for a map of the Community Center property. He stated there is
no connection to the trailway other than through the parking lot. He explained that the initial
discussion was to perhaps run the trailway segment on the east side of the parking lot that
connects to the wooded area. He stated that when people are using the Community Center to
take a loop walk, they can get right on the trail and walk around.
City Administrator Ulrich stated that the Community Center Task Force can look at the situation
and make a recommendation where an improvement might be made. He suggested that the City
should look at the cash alternative, as it would be the most liquid to the City and it could be used
to meet whatever needs are identified, as well as allowing the developer to move ahead. City
Administrator Ulrich stated it makes a fair trade transaction if the amount can be agreed upon.
He stated this would allow flexibility for the City and for the development to move forward.
Councilmember Thomas stated that she thinks it would be unfair to ask the Task Force to make a
decision on this issue. She stated the Task Force has just begun and she does not know that it
would be ready to do this type of recommendation. She recommended that the decision be
• pushed back to the City for a decision regardless. Councilmember Thomas stated that the issue is
not enough parking, and the decision on how to solve that issue needs to come from the City
Council. She stated that a particular solution cannot come from the Task Force.
Councilmember Thomas stated that there needs to be a workable solution to find another way to
do something that would address future problems. She commented that it cannot be assumed
from a development standpoint that the same owners will occupy the building in the future, so
the Council will still need to deal with the issue of whether there is enough parking for the
building. She stated that she gets nervous when parking starts to be cut down, especially since
there is no written agreement with Walgreens.
Councilmember Thomas stated she likes the alternative of providing for a future way of doing
things if the City needs to. She commented that for right now, the building has what it needs.
She stated that she likes the option so if there is a problem in the future, better recommendations
can be made, and recommendations can be allowed to develop as they need to. She stated that
holding up the development at this point would be problematic.
Mayor Marty asked if the trailway that comes into the lot is a dead end or if it comes down the
east side. Director Ericson stated that the trail works its way through wetland area and hooks up
with the trailway that is on County Road 10.
•
Mounds View City Council January 23, 2006
Regular Meeting Page 15
• Councilmember Thomas stated that she is sure it is something that will be in discussion at the
Community Center Task Force, but she just does not think it is something that the City can make
the Beltings wait for.
Mayor Many asked if there is any way the City can contact Walgreens, Inc. to remind them as to
what their original plans were. Director Ericson stated that the problem is when the documents
were originally executed and the approvals were granted by the City, the other party involved
was Told Development Company and Walgreens did not own the site. He explained Walgreens
currently does not own the site either, but it is a different entity than Told Development. Director
Ericson explained that the issue is dealing with the second and third parties that weren't privy to
the original discussion and the original planning to this site. Director Ericson stated it is difficult
to try to force new requirements on a developer or property owner that was not aware of what the
City was intending. He stated the discussion will continue with the current property owner and
staff will seek additional discussion.
Councilmember Thomas stated that while she likes the idea of banking parking credits, she
thinks there might be legal issues to look into. She stated she does not know if the City could
make a formal vote tonight without looking into that. She suggested this information should be
put together and returned for Council consideration.
City Attorney Riggs stated that Councilmember Thomas is correct, as there could be some issues
with payments in lieu of, if there is not enough authority established ahead of time. He explained
• that there have been some significant court cases that have come down that even if it is in the
agreement, it can be somewhat problematic. He mentioned that when dealing with the developer,
they are usually good to their word and staff could put something together that deals with the
issue. City Attorney Riggs stated that it should not take that long, and staff could have a
response by next week.
Dr. Greg Belting stated the closing was delayed because of the REA document with the owner of
the Walgreens property and because of Walgreens itself with the easement issues. He stated that
the transaction did not close until December 21, 2005. Dr. Greg Belting stated that they would
like to start having materials delivered before frost restrictions.
Councilmember Stigney stated he was opposed to parceling off part of the Community Center
parking lot. He stated that whether the City sells it or rents the parking, a sidewalk will still be
placed through there.
Councilmember Stigney asked what option the City would have more leverage in if additional
parking is required in the future, whether it be asking for a variance or a change in the PUD for
43 spaces. Councilmember Stigney suggested that if the building gets new owners, the parking
issue would need to be addressed at that time. City Attorney Riggs stated that it would have to
be in the PUD document. He explained once the variance is in place, it exists at that time and
moves forward, so it would be a PUD amendment that staff has been talking about.
•
Mounds View City Council January 23, 2006
Regular Meeting Page 16
• Councilmember Stigney stated that he favors the PUD route with some constraints in there if
there are problems with proof of parking, it will be identified in a legal form. He stated his
opposition to a sidewalk to the Community Center.
Councilmember Gunn and Mayor Marty stated their support for amending the PUD.
City Administrator Ulrich questioned the easements for the sidewalk to allow the flexibility to do
that later. Director Ericson stated staff will put something together for the next Council agenda.
Councilmember Thomas asked for clarification if the Council should have the City Attorney
work on whether or not further credits are needed to be issued and what will be done in the
future. She stated her concern with future owners as far as what the City can do.
City Attorney Riggs stated arguably yes, it can be worked into the document, but there have been
significant issues with pilot type payments.
Councilmember Thomas stated that perhaps it would not be a pilot payment. City Attorney
stated that it would be an exchange of land use right.
Councilmember Thomas asked if cash would need to change hands until it was needed. City
Attorney Riggs stated he would work with Director Ericson on the issue.
. Councilmember Thomas confirmed that changing the PUD is the bottom line and any further
need for seven more stalls will be written into the PUD.
The Beltings thanked the Council.
D. Resolution 6721 Step Increases for Sgt. Steve Menard and Officer Peter
Berling
Assistant to the City Administrator Crane explained that Sergeant Steve Menard and Officer
Peter Berling are current employees with the City. Their supervisor has reviewed their
performances as it relates to the responsibilities contained in their job description. It was
determined that both Sergeant Menard and Officer Berling have more than satisfactorily
performed in the capacity of their position. Step increase wage adjustment is consistent with the
personnel Manual and Labor Agreements and recommended for approval.
MOTION/SECOND: Stigney/Thomas. To waive the reading and adopt Resolution 6721 Step
Increases for Sgt. Steve Menard and Officer Peter Berling.
Ayes - 4 Nays - 0 Motion carried.
E. Resolution 6722 Adopting the Advertising and Mounds View Newsletter
• Policy
Mounds View City Council January 23, 2006
Regular Meeting Page 17
• Assistant to the City Administrator Crane reviewed that at the January 3, 2006 Work Session,
staff provided a report from the Minnesota State Auditor in regard to newsletter publication. In
light of this report, Staff recommended to the City Council to adopt a formal policy in order to
assist in compliance with future newsletters. Staff added this policy to the Mounds View
Advertising Policy, which was adopted by the City Council on November 24, 2003. Staff
recommends approval of Resolution 6722 adopting the advertising and Mounds View Newsletter
Policy.
Mayor Marty commented that it appeared the report was missing a couple of newsletter dates.
Administrative Assistant Desaree Crane stated that the February/March edition was deleted from
the list as the deadline has passed.
MOTION/SECOND: Marty/Stigney. To waive the reading and adopt Resolution 6722 Adopting
the Advertising and Mounds View Newsletter Policy
Ayes - 4 Nays - 0 Motion carried.
F. Resolution 6719 Writing Off Uncollectible Accounts
Finance Director Beer explained that during the course of business, the City receives checks from
individuals and businesses as payment for services and also bills individuals and businesses for
some services. He stated some of these checks are returned by the bank for insufficient funds
and some invoices are never paid.
Finance Director Beer explained that with the closing of 2005 and the approaching
implementation of new accounting software, staff feels that the NSF checks and uncollectible
debts should be written off. Finance Director Beer stated that many of the NSF checks are
related to the golf course, and the City will no longer have any insufficient checks from that
entity. He stated that recommendation is for approval of writing off the delinquent accounts
receivable.
Councilmember Stigney asked if all these checks have been submitted twice. Finance Director
Beer stated that they have.
Councilmember Stigney asked when is it a misdemeanor. City Attorney Riggs stated that any
NSF check is subject to prosecution.
Councilmember Stigney asked if staff has tried to collect on any of these checks with that as a
possibility of action. Finance Director Beer stated no.
Councilmember Thomas asked how much does it cost to pursue collection. Finance Director
Beer stated he would not venture a guess, but imagined it would be quite expensive. He stressed
that letters were sent out stating that the individual is subject to prosecution. He mentioned that
• staff has sent several letters and received no response.
Mounds View City Council January 23, 2006
Regular Meeting Page 18
• Councilmember Stigney asked for an example of the letter that was mailed out.
Finance Director Beer stated that many of the items are four to five years old and are quite stale.
He added that some of the individuals no longer live in the City.
Councilmember Stigney stated that the insufficient checks regarding alarm violations is
concerning.
Councilmember Stigney referenced the Tom Thumb insufficient check and noted that the
building was there but it is no longer called Tom Thumb. Finance Director Beer stated that staff
cannot certify those checks against a building as it has to be an individual. He stated that the City
can certify against a building for instances such as tree removal and delinquent utility bills, but in
these cases the City cannot certify against the property.
Mayor Marty questioned the stop payment regarding the utility billing. Finance Director Beer
stated it was prior to the policy instituted at the City around utilities billing and the individual no
longer lives in the City.
Councilmember Thomas stated she thinks the City would spend a lot of money going after the
delinquent accounts. She stated it is not that it is not a considerable amount of money, and it is
unfair that the City is paying for these insufficient checks; however, she cannot justify spending
. more staff time and tax dollars to chase dead ends.
Councilmember Stigney stated his agreement with the collection agencies. He asked if there is
something that can be done in the future to alleviate this problem.
Finance Director Beer stated that steps were taken in 2003 to improve the process, and it has
gotten better especially with the golf course items that were a significant source of NSF checks.
Mayor Marty stated the total was $1,150 and he was concerned about the amount of staff time
and postage to go after these delinquent accounts receivable.
MOTION/SECOND: Gunn/Thomas. To waive the reading and adopt Resolution 6719 Writing
Off Uncollectible Accounts
Councilmember Stigney stated he wanted to have a reading of the delinquent bills. He read the
names and amounts of the insufficient and NSF checks. He also commented that he wanted the
names to be added to website.
Finance Director Beer stated that there were two individuals that had checks lost or stolen in a
forgery situation. He stressed that even though their name was listed, they were not the ones
writing the bad checks and are not responsible for amounts.
• Councilmember Thomas stated she disagreed with putting the information on the website, as it is
clutter and there is too much information on the website for residents to get through to the
Mounds View City Council January 23, 2006
Regular Meeting Page 19
• important items. She stated that residents are looking for information they need and it is not the
purpose of the City's website to disseminate this type of information to the public.
Councilmember Thomas stated she is very uncomfortable with listing names on the website at
this point.
Councilmember Stigney stated that people who do not their pay bills should be notified through
the public that they are deadbeats.
Councilmember Thomas stated that most of these people are no longer in the community.
Councilmember Stigney proposed a friendly amendment to the motion to add the individuals
with NSF checks to the website, with the exception of the two individuals that had checks lost or
stolen.
Mayor Many stated he felt this would be a waste of staff time and effort.
Councilmember Gunn, maker of the motion on the floor, and Councilmember Thomas, who
seconded that motion, did not accept this friendly amendment.
Ayes - 3 Nays -1 (Stigney) Motion carried.
• Finance Director Beer mentioned that he passed out a list of items that need clarification that
related to receivables from Martin Harstad and Hamilton Creek Companies. He stated that
apparently these were directed to be wntten off by the Council, but the Resolution was not found.
Finance Director Beer questioned the Council if anyone remembered authorizing staff to write
the items off.
Director Ericson replied this would have been in 2004 when former Finance Director Charlie
Hanson indicated these were uncollectible debts that were development related to the Harstad
case. He stated these were legal fees partially incurred in defense of ongoing litigation and could
not be charged back as much as staff wanted to. Director Ericson stated the total was $3,750 and
recollected that the Council agreed to have those taken off the future claims list.
Director Ericson stated this was the same issue regarding Hamilton Creek Companies. He stated
that the developers are no longer in town and the invoice has been sent ten to twelve times and
no response has been received. He stated that former Finance Director Hanson indicated that
they were not going to collect and probably did not get a Resolution to that as it was from two
years ago. He stated that Finance Director Beer was asking the Council to formalize action to
take the item off the books.
Mayor Marty stated he remembers the discussion on the Harstad case because it was the City's
legal fees, but he did not recall passing a Resolution.
• City Administrator Ulrich advised Finance Director Beer to bring the issue to the next Council
meeting with proper documentation and a legal reason to write off the claims.
Mounds View City Council January 23, 2006
Regular Meeting Page 20
• G. Resolution 6723 Authorization to Hire Full-Time Temporary Building
Inspector
Community Development Director Ericson explained that on November 14, 2005, City Council
authorized staff to advertise to hire afull-time temporary building inspector due to the increase in
workload in the coming weeks. He explained that staff will keep busy for the next couple of
years, especially because of the Medtronic development project.
Director Ericson stated that the City advertised for this position and received 22 applications. He
explained that six candidates were interviewed by himself and Building Inspector Osmonson.
Director Ericson stated that Isaac Stensland was found fully qualified to be in the position.
Director Ericson commented that it was communicated to all applicants that the job was a
temporary and not a permanent position. He stated that Mr. Stensland is fine with that, but if it is
required to be formalized in writing, as is recommended by the City Attorney, it would be no
problem to do so. Director Ericson stated that staff would like to offer the position to him, on the
condition of a satisfactory criminal background check.
Director Ericson explained that the hourly wage scale for this position as negotiated by the City
and the union starts at $19.96 per hour and would follow the standard personnel progression after
• the appropriate time levels of service. He reported that Mr. Stensland is eager to start and
welcomes the opportunity.
Director Ericson stated that staff recommends the Council give authorization to hire Isaac
Stensland for the position of temporary full-time building inspector in the Community
Development Department under the terms and conditions articulated in the draft resolution.
Councilmember Stigney asked if something in writing would be drafted by the City Attorney in
regard to this being a temporary position. Director Ericson stated feedback was received from
Robert Alstad from Kennedy & Graven relating to a memorandum of understanding, relating to
the fact this is a temporary position and that the position will not accrue seniority. He stated that
it is a matter of documenting the fact that it is not a permanent position
Councilmember Stigney inquired if it is a union position, and if so, if the union signed off.
Director Ericson stated that a meeting was held with City Administrator Ulrich and Assistant
Crane where the salary and terms were agreed upon.
Mayor Marty asked if a meeting was held with the union. City Administrator Ulrich confirmed
that a meeting was held with union and the position was formalized in terms of salary and was
agreed in concept about the temporary nature of the job. He stated the final contract language is
still in negotiations at this point.
• Councilmember Stigney inquired if the position was exempt or nonexempt. City Administrator
Ulrich stated the position is nonexempt, and this is stated in the position description.
Mounds View City Council January 23, 2006
Regular Meeting Page 21
• Councilmember Stigney asked if the Council needed to see that language. City Administrator
Ulrich commented that this should have been provided in the position description. Director
Ericson apologized and said the position description should have been in the packet as well.
MOTION/SECOND: Thomas/Gunn. To waive the reading and adopt Resolution 6723
Authorization to Hire Full-Time Temporary Building Inspector.
Councilmember Stigney suggested that a condition be added for the Council to see the signed
agreement.
Mayor Marty asked when the agreement would be available. Director Ericson stated that the
agreement can be presented to the union for approval and then the employee would sign ofF. He
deferred the question on timing to City Administrator Ulrich.
Mayor Marty mentioned the Resolution states employment shall begin on or after tomorrow.
City Administrator Ulrich stated that a condition of employment is pending union and Council
approval of the negotiation and receipt of a letter by the City that this is a temporary position. He
suggested the action be pending on union and employee approval and receipt of a letter of
understanding that this is a temporary position.
. Councilmember Thomas, maker of the motion on the floor, and Councilmember Gunn, who
seconded that motion, agreed to this friendly amendment.
Ayes - 4 Nays - 0 Motion carried.
H. Review Proposed Schedule for Joint Meeting with Various Mounds View
Boards and Commission Members
City Administrator Ulrich reviewed that at the December work session, the Council directed that
joint meetings with each of the City's commissions be established during the first part of 2006.
City Administrator Ulrich stated City staff looked at combining some of the Commission
meetings with the regular Council work session meeting dates.
Staff proposes the following schedule:
• Charter Commission -Tuesday, February 21, 2006 (City Administrator Ulrich noted that
New Brighton City Hall is unavailable for this date; March 8, 2006 is the next day
available.)
• Park and Rec. Commission -March 6, 2006 (Mounds View Community Center Task
Force will report back this night)
. • Planning Commission -April 3, 2006
Mounds View City Council January 23, 2006
Regular Meeting Page 22
• • Cable Committee, Economic Development Commission -May 1, 2006
City Administrator Ulrich confirmed that the Mounds View City Hall should be completed by the
Apri13, 2006 meeting. He stated they would be moving the weekend before.
Mayor Marty stated that the February 21, 2006 date for the Charter Commission would need to
be worked out.
Councilmember Thomas stated she thinks it does a dis-service to schedule these meetings on
normal work session dates. She noted that this was discussed as special meeting dates because
the Council work session agendas are already full and doing their meeting on the same date
would limit the time available.
Mayor Marty stated that Councilmember Thomas makes a good point, because historically in the
spring, the City starts to gear up for the construction season. Mayor Marty explained that
Council meeting agendas are heavier in the spring than the summer. However, it is not planned
to put this off another six months. Mayor Marty stated that the Council should probably revisit
this and come back with some different dates.
Mayor Many asked if there was any possibility that the commissions could be combined on a
third Monday when there is not a full Council work session scheduled. He suggested that several
. commissions' meetings could be combined on the third Monday of the month.
City Administrator Ulrich stated that the third Monday of the month falls on March 20, 2006 and
April 17, 2006.
Councilmember Thomas suggested that the Planning Commission and Cable Committee,
Economic Development Commission meetings could be held on March 20, 2006. City
Administrator Ulrich stated his agreement.
Mayor Marty stated the Charter Commission is tentatively scheduled for March 8, 2006. City
Administrator Ulrich explained that is when a room is available at the New Brighton City Hall.
Mayor Marty stated the Charter Commission should be readdressed at a later date. He received
Council consensus.
I. Resolution 6726 Awarding a Contract for the Installation of a Security Card
Reading System at City Hall and the Community Center
Public Works Director Lee stated that as part of the rehabilitation project, both the City Hall and
Mounds View Community Center were scheduled to be set up with a security card reading
system.
• Public Works Director Lee stated that the original proposal provided for two card access points at
.City Hall and two at the Community Center. He explained that the access points at City Hall
Mounds View City Council January 23, 2006
Regular Meeting Page 23
• would be the main entrance and the police entrance, and the access points at the Community
Center would be the main entrance and the southwest entrance. Public Works Director Lee
stated that the reason for the card reading devices is to allow the City to control access to -the
buildings, in terms of when and who has access.
Public Works Director Lee stated that this system was planned to be installed with the City Hall
project; however, it would be more cost effective if the City did not have this item included in
the overall bid for the City Hall project. Public Works Director Lee stated that the City received
three quotes. The low quote was received from UHL in the amount of $17,800.
Public Works Director Lee stated that the Special Projects Fund is recommended to fund this
installation, should the City proceed with it. Staff recommends that the City Council approve
Resolution 6726.
Public Works Director Lee added as a note in the staff report, it talks about the City adjustment
that is included in some change orders. He stated that since this was not received until Friday of
last week, it will be included in the next meeting.
Councilmember Thomas asked if it is possible to retrofit and include indoor security points in the
future.
• Public Works Director Lee stated that it can be done at any time, but it is more cost effective to
do it now. He explained that it will save money to do it all at once; however, it can be done in
the future. He explained that access points could be included in the future, and the estimated cost
is $3,500 per access point.
Councilmember Thomas asked whether the appropriate wire can be run now for a possible
retrofit later. She asked if there is an additional cost on the setup now or if it can be done later.
Public Works Director Lee stated that is not part of the bids that were received. He explained
that wires could be added now to set everything up to add additional card reading points at City
Hall. He stated that there is a cost savings to do this now. He explained that this could be done
retroactively, and it would cost a little more because the contractor would have to go into walls,
ceilings and so forth.
Councilmember Thomas stated there will be places inside the building that are secure, and that
would be a way the City could have control of access at some of those points.
Councilmember Stigney asked if locations are identified to place the wire. Councilmember
Thomas stated it is easy to come up with possible locations.
Councilmember Stigney asked if staff had feelings about where the secured access points should
be and if there are areas known.
•
Mounds View City Council January 23, 2006
Regular Meeting Page 24
• Public Works Director Lee explained at this time staff was just recommending the two access
points; however, it was discussed at the department head level and the two locations were
identified as cost effective.
Councilmember Stigney questioned if it was staff recommendation that additional access points
are skipped for now. Public Works Director Lee stated yes.
Councilmember Stigney asked if TIF dollars can be used for security systems. He deferred the
question to Economic Development Coordinator Backman who stated that if it was for
government use, it would be a problem. He confirmed that the Community Center and City Hall
would not be eligible.
Councilmember Stigney questioned the electric system and if it had a manual backup. Public
Works Director Lee replied that it does in case of a power failure.
Councilmember Stigney questioned who would have the key. Public Works Director Lee stated
that one person would have the key and perhaps it would be the City Administrator.
Councilmember Stigney asked about the policy on using cards as employee identification cards.
He suggested the card be turned in when an employee terminates. Councilmember Stigney stated
that it is a bad policy to throw the cards away.
• Public Works Director Lee stated that it is policy that when an employee terminates, the City
would retrieve the card whenever possible. He explained that the card reading system would
delete the terminated employee from the system to stop access.
Mayor Marty stated there have been so many keys lost and many more keys made at the
Community Center. He explained this is a headache for City staff and there have been issues in
the past at City Hall with concerns about possible disgruntled employees. Mayor Marty stated
that this system would take care of that, and also gives consideration to things that have
happened in the past, such as people being in City .Hall after hours. He explained that things
were missing and computers were tampered with, and this system would give a record of who
was in City Hall at the time, thus resulting in greater accountability. He explained that he has
been hoping for a system such as this for a number of years to increase security and
accountability.
Mayor Many questioned if current employees have City of Mounds View identification cards
with name and picture. Public Works Director Lee stated that employees currently do have
identification cards.
Mayor Marty suggested the cards might have an expiration date of two to three years so if
someone does not turn it in, it will eventually expire depending on when they leave.
• Councilmember Thomas stated that several of these items will be policy issues when things are
in place.
Mounds View City Council January 23, 2006
Regular Meeting Page 25
• Mayor Marty confirmed that the low bid is included in the Resolution.
MOTION/SECOND: Thomas/Gunn. To waive the reading and adopt Resolution 6726
Awarding a Contract for the Installation of a Security Card Reading System at City Hall and the
Community Center.
Ayes - 4 Nays - 0 Motion carried.
J. Resolution 6725 Authorizing Execution of an Easement Agreement with
Medtronic, Inc.
Community Development Director Ericson explained that when the City closed on the land sale
to Medtronic, there was a limited Use Agreement that would allow the fire access road to cross
over the City's land as well as allow use of the existing trail as a tie-in with the trails on the
Medtronic parcel. He explained that the pedestrian trail would double as the means of access to
Clear Channel Outdoor for maintenance to Billboard Sign #6.
Director Ericson stated that the terms of the development agreement indicated that after the land
sale was executed, the limited Use Agreement for the fire access road and pedestrian trail would
be redrafted into the form of an easement.
• Director Ericson referenced the easement drafted by Kennedy and Graven and explained that all
exhibits and documentation have been provided to fully see where the trailway access is located.
He stated staff is asking for consent of the Council to approve Resolution 6725 to formalize the
agreement with Medtronic that is a requirement of the development agreement.
Director Ericson explained that the fire access road just cuts across the Sysco Outlot A, and there
is not enough room to swing around and bypass that. He noted the easement document would
result in a dual benefit providing access to Clear Channel for maintenance to Billboard #6, as
well as provide pedestrian access for Medtronic employees.
Director Ericson stated that the easement document contains provisions relating to the statement
that Medtronic holds the City harmless for those on the pedestrian trail. He explained that the
City is not obligated or liable for those two activities. Director Ericson explained that it was
indicated in the closing that staff would come back to the Council for the easement document.
MOTION/SECOND: Gurui/Stigney. To waive the reading and adopt Resolution 6725
Authorizing Execution of an Easement Agreement with Medtronic, Inc.
Mayor Many stated he talked to Director Ericson and City Administrator Ulrich and wanted to
see about possibly having this Resolution sunset when the billboards come out, until it was
pointed out that Billboard #6 is on City property and there must be access to it which is also the
• pedestrian trailway. He explained that Medtronic will be creating a fire road cutting through the
Mounds View City Council January 23, 2006
Regular Meeting Page 26
• City property that goes around the Medtronic complex. He stated that he feels that there is a
difference between a trailway and a road if Medtronic wants to buy the corner tip of the property.
Mayor Marty referenced Item #2 regarding the grant construction maintenance and use of fire
road easement. He explained that the City hereby grants, pardons or sells and conveys to present
or any future owner of Medtronic property. Mayar Marry stated it is in the agreement that the
City could sell this, so he questioned why the triangle part is cut out if they are creating an actual
road surrounding the complex. He stated that he maintains the City should sell Medtronic the
southeast corner.
Councilmember Thomas stated the limited use agreement that was approved did not require the
purchase of property so at this point, it would be disingenuous to even bring up the issue. She
stated her frustration that Mayor Marty is constantly bringing up issues and arguing points that
were part of the original agreement and have already been decided upon.
Ayes - 3 Nays - 1 (Marty) Motion carried.
8. CONSENT AGENDA
A. Licenses for Approval
B. Resolution 6724 Revising the Mounds View Personnel Manual to add Section
• 3.50, Authorizing Uniform Allowances for Non-Union Public Works and
Police Department employees
MOTION/SECOND: Thomas/Stigney. To Approve the Consent Agenda as presented.
Ayes - 4 Nays - 0 Motion carried.
9. JUST AND CORRECT CLAIMS
Mayor Marry questioned Page 4, 117769 MAS Modern Marketing, which stated pencils in the
amount of $509.74. Finance Director Beer reported that these were DARE supplies and included
a quantity of 5,000 pencils.
Mayor Marty referenced Page 4 in the second set, Coverall of the Twin Cities, 117800, regarding
the cleaning of the Community Center. He stated he talked to City Administrator Ulrich as well
as Director Ericson about this issue. Mayor Marty explained that Maria Alonso, the building
custodian, had to buy a lease from Coverall in order to clean City Hall. He stated she was not
deducting it every month from what she was making. Mayor Marty reported that Ms. Alonso
stated the contract expired and due to City Hall closing, she was out of a job and she still owed
on the lease. Mayor Marty stated he mentioned to City Administrator Ulrich and Director
Ericson that she does a good job and it may be a possibly to contract directly with her to clean the
new building. Mayor Marty stated that the issue could be moved to the work session if needed,
• as there are several months before City Hall is open. He added that the Council will need to re-
advertise for bids for contractual cleaning.
Mounds View City Council January 23, 2006
Regular Meeting Page 27
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City Administrator Ulrich stated that bids should be sought for cleaning, as well as trying to
contact Ms. Alonso to have her submit a bid as well.
MOTION/SECOND: Thomas/Stigney. To approve the Just and Correct Claims as Presented.
Ayes-4
10. APPROVAL OF MINUTES
Nays - 0 Motion carried.
A. January 9, 2006 City Council Meeting Minutes
MOTION/SECOND: Marty/Stigney. To Approve the January 9, 2006 City Council meeting
minutes as corrected.
Ayes - 3 Nays - 0 Abstain -1 (Thomas) Motion carried.
11. REPORTS
A. Reports of Mayor and Council
Mayor Marry asked staff to notify Northwest Youth & Family Services that he is no longer a
board member,
Councilmember Gunn stated that Steve Dazenski from Bethlehem Baptist Church is looking for
ideas and suggestions on how their bi-annual payment could be used, as has been done in the
past.
Mayor Marty asked if they have gone before Parks and Recreation Commission. Councilmember
Gunn stated she advised Mr. Dazenski that they could contact the Police Chief, inquire at the
YMCA, as well as contacting Parks and Recreation Commission.
Councilmember Thomas reported that the first meeting of the Community Center Task Force was
held, and there is a lot of information to go through. She stated she understands they are under a
time limit so to even add one more thing as a specific undertaking would be difficult in the
beginning of the process. Councilmember Thomas stated that several issues were brought to
light, so homework needs to be done to answer detailed questions. She stated she was excited to
see what the Task Force can come up with.
B. Reports of Staff
1. 2005 Year in Review -Community Development
Community Development Director Ericson presented the 2005 year in review. He stated that
great pleasure is taken in putting all of the information together for the City Council. He stressed
Mounds View City Council January 23, 2006
Regular Meeting Page 28
• that staff works hard to satisfy the City's goals and implement the vision of the Council.
Director Ericson stated that staff is excited that there is a great year ahead, and it was beneficial
to look back to 2005 to see what has been accomplished and how far the City has come.
Director Ericson stated that one of the biggest things done in the department is to look at, review,
and address building permits. He reported the department looks at building plans and works out
in the field inspecting building permits. He stated that the budgeted expectation was not met in
either 2004 or 2005. He explained that in 2003, the permit value of the building activity was
$12.3 million. In 2004, it decreased to $9.4 million. In 2005, Director Ericson stated that the
City planned for a decrease as there is not always that big project. Director Ericson reported that
in 2005, the permit value of the building activity was $7.9 million. He stated staff had somewhat
anticipated there would be a huge project in 2005; however, the permits for Medtronic will come
in 2006, and because of this, staff anticipates a banner year for permit revenue in 2006. In fact, it
is expected to be higher than any year before. He stated there was a shortfall for permit revenue
in 2005.
Director Ericson reported that the Department looks at every expenditure and determines if it is
something critical. He stated a firm look was taken on expenditures, and this will be addressed
later in his report.
Director Ericson stated that at the end of 2005, revenue was down approximately $12,000 for the
• department, which included not only building permit fees, but other permit fees such as plan
check fees, zoning permits, mechanical permits, plumbing, contractors' licenses, housing
inspections, apartment Licenses and all the planning activity that goes along with that. He
reported that 100% of the shortfall can be attributed to the building permit valuation decrease.
He stated this does not mean the department was less busy and pointed out there was a 10%
increase in number of permits. He explained the value associated with the permits was just not
as high. Director Ericson reported that in 2006, the department will be supremely busy along
with bringing in the revenues to support it.
Director Ericson explained that regarding expenditures, the City's Community Development
Department does not have a large budget, and that any expenditure that goes unspent or a
vacancy in the Department makes a large impact. He reported that the Department came in under
budget on expenditures, so the revenue shortfall was covered.
Director Ericson stated that the financials for 2005 have not been finalized. He explained that
the personnel total did not include the last payroll in the year, so rather than being $33,000 under,
it actually was $22,000 under budget. He explained this was due to the Planning Associate
vacancy for three months in addition to other minor things. Director Erickson stated that total
expenditures were $34,000 under budget from what was anticipated. He stressed that all
departments work hard to not spend unnecessarily and do not look at bottom line on December
15 to see what can be spent for the rest of year.
• Director Ericson reviewed the activity of the Planning Commission, and stated there were 36
planning applications, which is slightly more than typical. He added the Commission also
Mounds View City Council January 23, 2006
Regular Meeting Page 29
• looked at Code amendments, modifications to TIF districts, the Medtronic project, and the
Commission got up to full strength with the appointment of Al Hull who filled the last vacancy.
He stated that it is a good group of people who work together to look at all of planning activity
issues and make good well thought out recommendations to the Council. He stated the Council
has often made comments of appreciation for the work of the Planning Commission and they
certainly appreciate hearing that.
Director Ericson noted that the Medtronic project was approved in 2005 that has been discussed
in length before. He added that the Sysco parking lot expansion was approved and has proven to
be a difficult project due to issues with Metropolitan Council, Department of Natural Resources,
and Rice Creek Watershed District. He explained that the project is not concluded but the
Department will be moving forward on it in the spring.
Director Ericson reported that the Gas For Less location was redeveloped into a Snyders that was
relocated from the Mounds View Square Shopping Center. He stated this puts them on County
Road 10 to increase visibility and put them on a more level playing field with the two other_drug
stores in the community.
Director Ericson reported the Department has also been busy with nuisance and code
enforcement activities. He stated that the Department added the quarter-time position of
Community Service Officer Robin Marion.
• Director Ericson reported that Heidi Heller was hired as the new Planning Associate, and is now
the Walkability Coordinator for Ramsey County Active Living Group. Director Ericson pointed
out that Jeremiah Anderson has been busy with housing code enforcement and recently
completed training for limited building inspections that he had previously been doing under the
guidance of Building Official Osmonson. Director Ericson stated that Administrative Assistant
Barb Benesch keeps the department in line and she knows so much about what goes on in the
City. He stressed it is nice to have people who have that type of experience with the City.
Director Ericson reported that Aaron Backman has been active in the Chamber and Visit
Minneapolis North (Convention & Visitors' Bureau) and stated he just gave a presentation to the
full Convention & Visitors Bureau gathering on the organization's doings over the last year.
Director Ericson reported that looking forward, there are a number of projects on the horizon
such as the Hidden Hollows South major subdivision. He stated there is also the possibility of
the Laporte Meadows project, which is south of Highway 10 and east of Long Lake Road. He
added there is another possible subdivision on the other side of Long Lake Road called Long
Lake Woods with the possibility of twelve new homes. Director Ericson pointed out there may
be some activity with Red Oaks Estate #3. He stated that there will be some activity with
Premium Stop, County Road 10, as was discussed earlier and the issue will be back before the
Council. He stated the Department is actively negotiating with the Premium Stop property
owners if they will sell and the City has submitted a letter of intent to acquire that property.
•
Mounds View City Council January 23, 2006
Regular Meeting Page 30
• .Director Ericson stated in conclusion, staff is looking forward to 2006 as there is a lot of activity
and it is exciting what that will bring. He stated the Department actively tries to satisfy the City
Council's goals and institute its vision and wisdom. He emphasized that staff is excited for 2006
and if the Council has questions that they should feel free to contact him or staff.
Director Ericson pointed out there are several statistics and a comparison between 2004 and 2005
in the staff report. He also mentioned that the revenue sheet included is for the whole City and
not just the Community Development Department revenues.
Councilmember Gunn asked if the Mermaid and hotel expansion will ever happen. Director
Ericson stated that he has not talked to Mr. Hall since late November. Director Ericson reported
that Mr. Hall indicated he was still talking to investors and in fact it is noted in the most recent
facilities guide that was provided to the City Council at a previous meeting. The proposed
expansion discusses doubling the number of the rooms. Director Ericson stated he will follow up
with Mr. Hall and give an update at the next meeting. He stated he expects the expansion to
begin in approximately six months.
City Administrator Ulrich added that Director Ericson and his staff do an excellent job for the
City and complemented them on all their work.
2. 2006 Budget
• City Administrator Ulrich referenced the budget copies and pointed out that Independent School
District 621 does not receive DARE aid and that the amount represented the school resource
officer at Edgewood Middle School.
3. Canyon Grill Catering
City Administrator Ulrich reviewed a letter from Canyon Grill and Catering indicating they will
be done April 1, 2006. He stated it is incumbent for the City to negotiate the proposal for a
bridge agreement while the City makes some final plans. He stated that staff is working on this
and this issue will be brought to the City Council work session meeting on January 30, 2006.
Mayor Marty asked if Canyon Catering was gone. City Administrator Ulrich stated they
indicated they would be interested in another lease.
4. Random Park Project
Public Works Director Lee stated he had distributed a memorandum from BRAA regarding the
Random Park building replacement project and advised that bids will be received on February 2,
2006. He explained that as the consultant was putting together plans, it was recommended that
the parking lot be moved over to the east about 42 feet for several benefits, mainly to get a larger
parking lot by getting four additional spaces. He also explained there would be less fill that
• would need to be used.
Mounds View City Council January 23, 2006
Regular Meeting Page 31
• Public Works Director Lee added there would be an impact to the flood plain on the south end of
the property. He explained that for any areas filled, the City will have to replace at a one to one
ratio and grade down the park in the upper area next to the playground. Public Works Director
Lee pointed out that the new proposal would require less storm sewer and result in cost savings
from the storm sewer standpoint. He explained under the old proposal, a large area would need
to be disturbed for flood plain mitigation.
Public Works Director Lee reported the overall cost for the two scenarios is about the same, as
the additional cost for adding four parking stalls under the new proposal is the same as the cost
for adding an additional storm sewer on the original plan. He reported that the City will get bids
on February 2, 2006, and if the Council is interested, the City could get bid alternatives or add
this as a change order at a later date. He stated there are some issues with doing it both ways and
it should be looked at as an option to consider when the contract is awarded on February 13,
2006.
Councilmember Thomas stated the major issue is the change in the access from Long Lake Road
to Ridge Lane, as far as what benefits that could bring the City.
Public Works Director Lee stated from a traffic pattern standpoint, it is better to access from
Ridge Lane. He noted from the County standpoint, they would appreciate eliminating access off
Long Lake Road. He stated the impact to the adjacent property also needs to be reviewed.
• Councilmember Gunn stated there is a major issue in safety coming off Ridge Lane. She stated
that when one comes off Long Lake Road, it is always iced over and is difficult to get out,
especially for parents with young kids when Irondale Senior High lets out. She stated it is nearly
impossible to get out on Long Lake Road, and it is the same in late afternoon when residents are
coming back from work. She stated that this is a much safer idea.
Public Works Director Lee commented that the building was orientated to the south parking lot.
Mayor Marty commented that it does look like it works better, but he -would like the residents
who live in the area to have input. He stated that while he does not see it being a problem, the
residents are the ones who live there and deal with it more on a daily basis.
Mayor Marty stated he had discussions with Director Ericson, Public Works Director Lee and
City Administrator Ulrich regarding the wetland credits for Woodcrest Park to see if they could
be used for the Sysco property. Mayor Marty stated that it does not sound like it is feasible
because the City is using some of the credits for the new trailway.
5. Silver Lake Road
Mayor Marty pointed out that he received a resident concern regarding what side of Silver Lake
Road to put the trail on. He stated that the issue was safety and explained that once the stop light
is put in on County Road H and Silver Lake Road, traffic could be moving faster coming up
Silver Lake Road. Mayor Marty stated that if one is coming up Silver Lake Road and has a green
Mounds View City Council January 23, 2006
Regular Meeting Page 32
. light, there is nothing to slow the traffic down. He expressed concern with pedestrians crossing
over and back at uncontrolled intersections. He stated that $150,000 for the price of safety and
the Brice of a stop light is relatively cheap.
Public Works Director Lee reported that there will be a neighborhood open house meeting
regarding the Silver Lake Road sidewalk on February 2, 2006, at 6:30 p.m. at the Community
Center.
6. 2006 Budget on Web Site
Finance Director Beer reported the 2006 budget is on the City's website and that the meetings
with insurance agents went fine.
C. Reports of City Attorney
None.
12. Nezt Council Work Session:
Monday, January 30, 2006 at 7:00 p.m.
(February Work Session)
Monday, February 13, 2006 at 7:00 p.m.
Nezt Council Meeting:
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13. ADJOURNMENT
The meeting was adjourned at 10:18 p.m.
Transcribed by:
Annette Anderson
Timesaver Off Site Secretarial, Inc.
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