HomeMy WebLinkAboutMinutes - 2006/03/13PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL ~ ~ i.~
CITY OF MOUNDS VIEW ~ ~ '~~~
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RAMSEY COUNTY, MINNESOTA ? ~~~~
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Regular Meeting
March 13, 2006
New Brighton City Hall
803 Old Highway 8, New Brighton, MN 55112
7:04 P.M.
1. MEETING IS CALLED TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL: Marty, Stigney, Gunn, Flaherty, and Thomas
NOT PRESENT:
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4. APPROVAL OF AGENDA
MOTION/SECOND: FLAHERTY/THOMAS. To Approve the Monday, March 13, 2006 agenda
as presented.
A. Monday, March 13, 2006 City Council Agenda
Ayes - 5 Nays - 0 Motion carried.
5. PUBLIC INPUT
David Jahnke, 8428 Eastwood Road, stated his concern with spending a lot of money on the
Community Center, when it has not done well in the past. He stated that not a penny has been
spent on infrastructure, and that the City should be focusing on that instead of the Community
Center. He asked Mayor Marty for his thoughts.
Mayor Marty explained the purpose of the Community Center Task Force is to try to have the
Community Center work much better to serve the City and its citizens. He commented that Mr.
Jahnke was correct in that the only time many people go there is to vote. He stated the Task
Force is trying to come up with different programs and activities to make more use of the
Community Center by the City and its citizens. He stated he agreed with Mr. Jahnke relating to
streets and infrastructure, because the City has known for years what the condition the streets are
in. Mayor Marty stated the City does need to focus more on streets and the establishment of a
street program in the next year.
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Mounds View City Council March 13, 2006
Regular Meeting Page 2
Mr. Jahnke stated that most of the citizens want their streets fixed and do not say much about the •
Commumty Center, except that rt is supposed to be a money maker that is ran by the City.
Mr. Jahnke concluded by stating it is always a pleasure to come to the Council meetings, if not
his arrival, his departure.
6. SPECIAL ORDER OF BUISNESS
A. Resolution 6760, A Resolution of Appreciation for Stephen A. Suave for 20 years
of dedicated service with the SBM Fire Department.
Mayor Marty presented a framed copy of Resolution 6760 to Mr. Suave.
Mr. Suave thanked his family for putting up with his work with the Fire Department for 20 years,
as it is a huge time commitment and it affects one's private life. He also introduced his family to
the City and Council.
MOTION/SECOND: THOMAS/GUNK. To approve Resolution 6760 A Resolution of
Appreciation for Stephen A. Suave for 20 years of dedicated service with the SBM Fire
Department.
Ayes - 5 Nays - 0 Motion carried. •
7. COUNCIL BUSINESS
A. Resolution 6759 Accepting Proposals/Quotations for Technology and
Electronics Package for the SBM Fire Station #3.
Fire Chief Zikmund explained construction of the SBM Fire Station #3 at 11920 Ulysses Street is
underway and has an estimated completion date of July 31, 2006. He reviewed the progress on
the building.
Fire Chief Zikmund commented that proposals/quotations for technology and electronics were
requested/sought by the Fire Department Staff. He explained that the Technology and
Electronics package focuses on those items that have, as a component of their use, some
installation that is best built in at the time of .construction. He noted these include the phone and
data cabling, security system, TV/Audio Visual/Electronics, and phone system.
Fire Chief Zikmund reviewed the components of each item.
Fire Chief Zikmund stated that the low bid for TV/Audio Visual/Electronics was received by
Tierny Brothers, Incorporated in the amount of $126,622.08, the low bid for phone and data
cabling was received by General Telecommunications Corporation in the amount of $16,151.50,
and the low bid for the security system was received by Honeywell Security Monitoring in the
amount of $16,330.00.
Mounds View City Council March 13, 2006
Regular Meeting Page 3
•
Fire Chief Zikmund offered to answer questions
Councilmember Stigney referenced the Tierny Brothers quote, noting that it holds the State of
Minnesota cooperative purchasing venture contract for these items, and wondered if it goes out
for competitive bid. Fire Chief Zikmund explained quotations are received as opposed to bids.
He stated he checked with legal counsel, and if there is a State approved or government approved
purchasing consortium price, then that is the price that can be used. He mentioned another
company was found, AVI, but Tierny Brothers were found to be more competitive, more
responsive, and the City has used them before.
Councilmember Stigney asked for confirmation that the item did not go out for competitive bid.
Fire Chief Zikmund explained none of the items went out for published bid, but rather bidders
are invited to submit quotations, as compared to construction contracts that are published in the
paper. He commented there were only two companies found that did this type of work.
Councilmember Stigney stated he was concerned with giving someone a contract because they
have a purchasing venture with the State, and stated it should have been done by competitive bid.
Finance Director Beer clarified that what the State contract means is that there is a consortium
that solicits bids for a number of items for competitive bid. He explained these are the winning
bidders. He explained the City is able to use the contract without having to do additional
competitive bidding.
Councilmember Stigney asked if the State asked for bids on this specific equipment. Fire Chief
Zikmund and Director Beer stated this is correct, and is done for thousands of items. Fire Chief
Zikmund noted that the same thing will be used for the furniture once it comes through.
Councilmember Stigney stated he has a problem without going out and asking for competitive
bids.
Fire Chief Zikmund stated that quotes were solicited from other vendors.
Councilmember Stigney stated nothing is listed in documentation regarding this.
Mayor Many asked Finance Director Beer for clarification on the State contract. Finance
Director Beer replied it is a consortium of local governments, and City governments pay to be in
the consortium as it is the only way to take advantage of the state bid price. He explained the
State puts out for a number of bids for numerous items like pickup trucks, computers, televisions,
garbage bags, etc. He stated the list goes out for competitive bids, the State collects data, and
these are the winning bidders based on specifications desired. Finance Director Beer explains
that it is a large process, but it was competitive bid and numerous notices were advertised to
vendors to gather information. He explained this helps communities save money by not having
to go through the competitive bidding process.
Mounds View City Council March 13, 2006
Regular Meeting Page 4
Councilmember Flaherty asked what digital signage is. Fire Chief Zikmund stated that the
hardware consists of a main reader board sign, a 30-inch LCD monitor, and six televisions linked
into that. He explained there will be a control station at the entry point that will provide
information on meetings and what is going on in the building, and play any one of a number of
videos will be played continuously on fire safety or another topic in the safety arena. He stated
there are two conference rooms and training rooms that will be public rooms. He stated the
security system is designed to allow the rest of the building to be secure, and yet those rooms to
be used.
Councilmember Flaherty asked about the flat screen television and noted these are very
expensive. Fire Chief Zikmund that there will only be one flat screen television and the rest will
be 27-inch Panasonic televisions.
Councilmember Flaherty asked if the building will be manned around the clock. Fire Chief
Zikmund responded that it will only be staffed during normal working hours during the work
week.
Councilmember Stigney asked if the particular equipment that the City is looking to purchase has
gone out to different bidders and if Tierney Brothers is the low bidder of that group. Fire Chief
Zikmund stated yes.
• Councilmember Stigney asked if several vendors responded and if it is the lowest price of all that
responded. Finance Director Beer stated a multitude of vendors participate in the process.
Councilmember Stigney asked if each and every item is detailed in the State bid list or if it is the
low bidder for the general category. He asked if the bidder lists all of their equipment along with
another bidder to make an exact dollar for dollar bid, or if this is a bidder with a typically lower
price for the general category of equipment. Finance Director Beer stated the list is prepared and
as an example, it may have 15 types of televisions, and this particular bidder was the low bidder
on those 15 types. He stated he did not know if the list had specifically the item the Fire
Department is looking for.
Councilmember Stigney stated that knowing this fact, he was even more uncomfortable
proceeding with this.
Finance Director Beer commented that the State Statute reads that it has to be competitively bid
at least once, and by participating in the consortium, all items have gone through the competitive
bidding process. He stated the State Auditor would not have any issues with this particular
purchase.
Councilmember Stigney asked if there is an actual list of each item bid by each bidder. Finance
Director Beer stated there is not.
Mayor Marty stated the proposal appears reasonable, as it is within the project estimates and the
budget.
Mounds View City Council March 13, 2006
Regular Meeting Page 5
MOTION/SECOND:
THOMAS/GUNN. To waive the reading and adopt Resolution 6759
Accepting Proposals/Quotations for Technology and Electronics Package for the SBM Fire
Station #3.
Councilmember Stigney stated he thinks some of the bidding processes should be closed with the
State, as there are some areas of uneasiness.
Ayes - 5 Nays - 0 Motion carried.
Fire Chief Zikmund thanked the Council, and reported that the Fire Department did negotiate a
$32,000 reduction in fees to the architect for the technology, electronics furniture, fixtures and
interior design that the Fire Department did work on.
B. Resolution 6761 A Resolution Supporting the Constitutional Amendment for
Motor Vehicle Sales Taz Dedication to Transportation.
City Administrator Ulrich explained the North Metro Mayor's Association would like a
resolution of support from the City that supports this proposed amendment. He explained this
amendment will dedicate 100 percent of the proceeds from the Minnesota motor vehicle sales tax
to highways and transit system improvements.
Ci Administrator Ulr'
ty ich explained currently 54 percent of the motor vehicle sales tax goes to
transportation improvements and 46 percent goes to the State's General Fund without a specific
designation.
City Administrator Ulrich stated that the issue is certainly a high priority for suburban
communities to focus on transportation, but on the other hand, there is no free money. He
explained the 46 percent of the funds dedicated to transportation from the General Fund would
not be available for other General Fund purposes such as education and local government aid.
He stated that the North Metro Mayor's Association does see transportation as a priority and is
supportive of the ballot measure to provide dedicated funding.
City Administrator Ulrich stated the assumption in theory is that the funds are dedicated, and it
would not raise taxes or take away from other important items that the State has. He stated it is
recommended for adoption.
Councilmember Flaherty stated he does not know how to give assurances that this will not raise
taxes, because if one piece of the pie is given to another, typically only an increase in taxes or
fees would fill that slot. He stated he does not know the impact of the transfer of 46 percent of
revenue from the General Fund, and is uncomfortable with the fact that the State is so
ambiguous. He stated it seems like a very good idea but would like more clarification on what
the other purposes are that will be short funded.
City Administrator Ulrich stated there is no clear answer, as it is not designated revenue and is
Mounds View City Council March 13, 2006
Regular Meeting Page 6
used for General Fund purposes. He explained that it is not designated for one particular item,
but is part of the pie.
Councilmember Thomas stated it is inappropriate for the City to be speaking on this issue, and
that the City has no role in this matter. She stated she disagrees with the North Metro Mayor's
Association position to ask the City to do this. She stated it is an individual voter's decision on
the ballot. She stated she cannot support something that is not within the job description as a city
councilmember.
Mayor Marty asked if the constitutional amendment would be put on the ballot if it was
amended. Councilmember Thomas stated it has to be put on the ballot to be amended.
City Administrator Ulrich stated it was already approved during the last legislative session to
have it as a ballot measure for 2006. He explained the North Metro Mayor's Association is
trying to rally support of organizations behind them to insure the passage.
Mayor Marty pointed out that the 2006 ballot is asking voters to dedicate 100 percent of motor
vehicle sales tax to highways and transit, where at least 40 percent of that would go to public
transit. He stated it seems like the metropolitan areas would garner this because there is little
public transportation outside of the metropolitan area.
City Administrator Ulrich stated that during the last legislative session, it was very contentious
about how much should be dedicated to transit.
Councilmember Thomas stated the resolution is asking the City Council to take a political stand
on this issue.
Mayor Marty stated he does not want to support something that is going to keep 40 percent of the
revenue in the metropolitan area. He stated he has a problem supporting a dictation for all the
people in the State.
Councilmember Thomas asked if the Council wants to vote on the resolution or table the motion.
Councilmember Stigney stated tabling the motion would not be appropriate.
MOTION/SECOND: STIGNEY/GUNK. To waive the reading and deny Resolution 6761 A
Resolution Supporting the Constitutional Amendment for Motor Vehicle Sales Tax Dedication to
Transportation.
Councilmember Stigney stated this is going to go on ballot and the people of Minnesota should
decide. He stated he has a problem supporting it as a Council.
Councilmember Thomas suggested that the resolution should be tabled if the Council does not
want to make a political stance.
Mounds View City Council March 13, 2006
Regular Meeting Page 7
• Councilmember Stigney stated the item should only be tabled if there is something of a more
immediate concern, and asked what that item would be. He stated there is nothing that is
interrupting the Council.
Councilmember Thomas noted it would not have to be taken off the table.
Mayor Marty commented that he could see how voting would put the Council in a situation it
may not want to be in.
Councilmember Stigney suggested another way to handle the item is to postpone it indefinitely,
retract the motion of denying it, and change the motion to postpone it indefinitely and take no
action, so as not to take a stand on the item.
Councilmember Thomas suggested no action is necessary if the motion is withdrawn. She
pointed out that a vote is not required just because a resolution is put in front of the Council.
City Administrator Ulrich stated that one option is to make a motion to postpone the item
indefinitely.
Councilmembers Stigney and Gunn agreed to retract the motion on the floor.
SUBSTITUTE MOTION/SECOND: STIGNEY/GUNN. To postpone indefinitely Resolution
6761 A Resolution Supporting the Constitutional Amendment for Motor Vehicle Sales Tax
Dedication to Transportation.
Councilmember Flaherty stated he agreed with Councilmember Thomas that the resolution
should not be in front of the Council. He pointed out that 46 percent of the State's General Fund
works out to be approximately $130 to $150 million. He stated the amendment is too ambiguous
to support one way or the other.
Ayes - 5 Nays - 0 Motion carried.
C. Resolution 6758 Approving Contract Award Regarding Easement Clearing
for Edgewood Drive and Bona Road.
Director of Public Works Lee explained there is a ponding problem to the rear of properties on
Bona Road and Edgewood Drive, and it was found that the drainage easement to the rear of the
properties is not functioning as originally intended. He stated Staff is recommending to correct
this situation by repairing the drainage easement and reestablishing it to the grades that were
approved under the original grading plan.
Director of Public Works explained Staff received two quotes, and the low quote was from
Mattco Excavating in the amount of $15,230. Staff recommends awarding Mattco Excavating
with the contract to perform the work, as per the City's recently adopted Easement Use and
Restoration policy.
Mounds View City Council March 13, 2006
Regular Meeting Page 8
• Mayor Marty stated he has visited the area and has heard from the residents through the years
about this issue.
Director of Public Works Lee explained several neighborhood meetings have been held with the
ten individual property owners, and it has been explained what the problem is and possible
solutions. He stated they are aware that the issue may be resolved sometime this spring.
MOTION/SECOND: MARTY/FLAHERTY. To waive the reading and approve Resolution
6758 Approving Contract Award Regarding Easement Clearing for Edgewood Drive and Bona
Road.
Ayes - 5 Nays - 0 Motion carried.
D. Resolution 6773 Approving Transfers Between Funds.
Finance Director Beer explained the City Council approved a variety of transfers as part of the
2005 budget, and this resolution approves the remaining transfers between funds for the year
2005. He noted the Office of the State Auditor recommends that the General Fund's balance
should be 35 to 50 percent of the next year's budgeted revenues or up to five months of operating
expenditures. Finance Director Beer noted that if the City made all the budgeted transfers, it
• would exceed the upper limit.
Finance Director Beer reviewed several transfers that should be reduced or eliminated.
Finance Director Beer stated that Staff is looking for direction on where to deposit funds from
the Golf Course Enterprise Fund that will have a cash balance once the final liabilities are paid.
He stated he recommends the Levy Reduction Fund or Street Improvement Fund.
Councilmember Flaherty commented that he likes the idea of eliminating the Special Projects
Fund transfer.
Councilmember Flaherty asked what the Golf Course Enterprise Fund will end up at. Finance
Director Beer stated there will be between $230,000 and $240,000 in cash left once all liabilities
are paid.
Councilmember Flaherty stated he recommends the Street Improvement Fund as opposed to the
Levy Reduction Fund since street improvement is a top priority for the City. He stated the City
should take advantage of any opportunity to build the account up to allow the City to move
forward at a quicker and more diligent pace.
Councilmember Gunn agreed with Councilmember Flaherty's comments.
Councilmember Stigney asked if the bonding would be lowered for one year by transferring the
funds into the Street Improvement Fund. Finance Director Beer responded that the City may be
Mounds View City Council March 13, 2006
Regular Meeting Page 9
• able to lower it for one year, combine bonding for a couple of years, or may not bond for one
year. He stated there are several issues to decide before knowing the extent of the bonding.
MOTION/SECOND: THOMAS/FLAHERTY. To waive the reading and adopt Resolution 6773
Approving Transfers Between Funds.
Mayor Marty thanked Finance Director Beer for looking ahead on these items.
Ayes - 5 Nays - 0 Motion carried.
E. Resolution 6767 Approving the Preliminary Feasibility Report, Waiving
Public Information Hearing, Ordering the Project, and Authorizing the
Preparation of Plans and Specifications to the Medtronic Utility Extension
Project.
Director of Public Works Lee stated the final feasibility report indicates the cost of the project
will be $484,700, but may be increased to $608,000 if the casting installed for extending the
sanitary sewer cannot be utilized.
Director of Public Works Lee commented that Staff suggests waiving a public information
hearing, but it does not preclude the public from discussing the issue with the Council. He stated
• it waives the City's responsibility to advertise for the public hearing, and will save a month's
time and $1,200 in advertising and administration fees.
Director of Public Works Lee recommends the Council to order the project and authorize the
preparation of plans and specifications
Councilmember Flaherty stated that waiving the public hearing would go against one of the rules
that was set forth on the Council's retreat of providing information to the public. He asked if an
informational meeting could be held as opposed to a public hearing.
Director of Public Works Lee stated that waiving a public hearing abstains the City from the
State requirement of advertising within a certain time frame. He indicated that a public
informational meeting can be held.
MOTION/SECOND: GUNN/STIGNEY. To waive the reading and adopt Resolution 6767
Approving the Preliminary Feasibility Report, Waiving Public Information Hearing, Holding a
Public Informational Meeting, Ordering the Project, and Authorizing the Preparation of Plans
and Specifications to the Medtronic Utility Extension Project.
Mayor Marty referenced page 12 of the feasibility report, utility access and connection charges,
and asked if these charges are separate from the installation charges and if they will be billed
separately to the developer.
Director of Public Works Lee stated it is City sewer and water connection charges, and will be
Mounds View City Council March 13, 2006
Regular Meeting Page 10
. charged to Medtronic once a permit is filed to install utilities.
Mayor Marty stated he was just worried if the charges came in high, it would impact the amount
of money that was going to the Streets Fund. Director of Public Works Lee stated it is separate
and charges are established annually by the City Council as part of the fee structure.
Ayes - 5 Nays - 0 Motion carried.
F. First Reading and Introduction of Ordinance 769, an ordinance Amending
and Revising Chapter 1008 of the Municipal Code Relating to Signs and
Billboards.
Community Development Director Ericson explained that the Municipal Code relating to signs
and billboards needs to be amended to bring the City Code into compliance with the agreement
of the City and Clear Channel Outdoor, Inc. relating to the relocation of billboards from the golf
course property to elsewhere in the community.
Director Ericson noted the City Attorney was asked to look at some of the issues relating to the
First Amendment relating to free speech, as there were a few court cases relating to sign codes in
the metropolitan area that resulted in some proposed changes from the City's attorney office.
• Director Ericson reviewed the proposed amendments to the Sign Code.
Director Ericson explained that Clear Channel has requested that the ordinance be drafted to
remove the interim use permit revisions relating to billboards. Director Ericson noted that a
representative from a Clear Channel Outdoor is present for questions.
Director Ericson stated Staff recommends adoption of the introduction and first reading of
Ordinance 769. He noted the second reading is scheduled for March 27, 2006.
Director Ericson stated proposed signs could be located anywhere on Interstate 35W, anywhere
on Highway 10, Old Highway 8 (South of County Road H), County Road 10 (South of
Wooddale), County Road 10 (North of Silver Lake Road). He noted it also has to be consistent
with B2, B3, and I1 PUD zoning; in effect, there are little pockets where signs could be located if
it meets other setbacks from residential areas and other requirements of the Sign Code.
Director Ericson states the changes make the Code consistent with the agreement that the City
executed with Clear Channel and addresses free speech issues, and the changes also make the
Sign Code more defensible to withstand any challenges.
Director Ericson offered to answer questions.
Councilmember Flaherty asked for confirmation that of the six original signs, two are maintained
on the Medtronic property, one is on the SYSCO Outlot A, and three need to be relocated.
Director Ericson stated this is correct.
Mounds View City Council March 13, 2006
Regular Meeting Page 11
• Councilm
ember Thomas asked why the area north of Silver Lake Road is being considered. She
stated that area is unsuited being that is all high density and residential housing, with very minor
amounts of business. She stated it is a very inappropriate location to be putting billboards.
Councilmember Thomas stated she was uncomfortable with the maximum height of 45 feet
anywhere signs are allowed, even though it may be appropriate in certain locations. She stated
there is a big difference between Interstate 35W and residential areas.
Councilmember Thomas referenced the language about the removal of the sunset provisions, and
stated she is surprised that Clear Channel brought it up yet again considering the last six years of
negotiations that have gone on regarding sunset provisions and the timelines, and how unwilling
the Council was to even go 30 years. She stated more limitations are needed.
Councilmember Stigney asked if the area north of US Highway 10 is one zoning district or if it is
PUD. Director Ericson stated it is a PUD zoning district, and an area where billboards are
presently allowed.
Councilmember Stigney stated the .billboard height north of Highway 10 is no problem, and
asked if there is language that could be added that specifies the locations that can be at 45 feet.
Director Ericson stated it would be possible to not change the height maximum for signs and
• leave it at 35 feet; however, it is one of the modifications requested by Clear Channel. He stated
it was not a modification that he felt the Council would dismiss out of hand, which is why he did
not put in language the removal of the interim use permit provisions. He stated this is something
that could be negotiated, and if there is a location along 35W where visibility is a concern, there
are variance provisions that the Council or Planning Commission may consider. He pointed out
this is the first reading and an opportunity to consider changes.
Councilmember Stigney stated he would prefer a variance be requested for all signs higher than
35 feet.
Councilmember Flaherty referenced the sunset provisions, and stated he is surprised it is
suggested to waive it, because Clear Channel had stated it would be the same agreement with the
original six signs, which were capped at less than 30 years. He stated he is not in favor of doing
that, and does not want to saddle future Councils with a perpetual billboard.
Councilmember Gunn agreed with Councilmember Flaherty. She asked if garage sale signs are
being allowed or not. Director Ericson stated that language is being removed from the Code that
allows garage and estate sale signs. Councilmember Thomas confirmed that they are not
prohibited, but the language is being removed that allows them expressly.
Councilmember Stigney stated he agrees that the sunset clause should not be removed. He stated
the locations on the west side of the City are not appropriate.
Director Ericson pointed out that the interim use permit provisions are part of the City Code, and
Mounds View City Council March 13, 2006
Regular Meeting Page 12
. the City Code can be modified and amended as future Councils dictate to be necessary. He stated
Staff recommends leaving the language in there as it is, and indicated that it does not preclude
Clear Channel from considering or requesting an additional 10-15 years or modification of the
Code to allow for an additional 30 year period. He stated it holds firm to what the Council had
negotiated in terms of the relocation agreement being a 30 year period.
Councilmember Thomas stated the height restrictions should remain at 35 feet. She asked what
change is required to not allow signs in the section north of Silver Lake Road on County 10.
Director Ericson stated the section of text relating to the area north of Silver Lake Road could be
eliminated. He stated it is not a zoning issue.
Mayor Marty referenced the statement regarding the Sign Ordinance Review/First Amendment
from the City Attorney, which stated in order for the sign ordinance to be safe from legal
challenges, it must not contain provisions to give unbridled discretion to City officials and should
not be content based. Mayor Marty questioned the billboards that were approved at the former
golf course, and noted if they were in the City, they were not to have alcohol or tobacco
advertisements. He commented that nothing like this is in the ordinance, and asked if it has to be
stricken. Director Ericson stated the City could specific the requirements upon Clear Channel
because it was the land owner and had a contract with Clear Channel, but the City cannot ban all
alcohol advertisements in the City.
• ed ecti n 1 i n al ins and asked if it should
Mayor Marty referenc S o 008.02, the definition of me de t s g ,
be changed to read no sign with a message that is legible off of premises should be incidental.
He asked for an explanation.
Director Ericson stated this was a change in regard to elimination of the advertising context of
the commercial nature. He stated this relates to incidental signs that relate to the flow of traffic
on the property. He explained that originally there was some language that was meant to exclude
commercial advertising as a definition of an incidental sign. He stated the City Attorney
suggested eliminating the commercial or advertising aspect to the incidental sign definition.
Mayor Marty referenced the chart on Page 2, Section 6, and asked if the numbers indicate the
size of the sign. Director Ericson stated they did.
Mayor Many referenced the top of Page 3, and asked what the small notations were. Director
Ericson explained these are footnotes that talk about the height of billboards increasing to 45
feet. He noted this could be stricken based on prior Council discussion tonight. He added this
would strike the entire section because it was the only change to the section.
Mayor Marty referenced Section 8, item F, and noted the line says: "...provided that one or more
of the following conditions are applicable." He asked what the following conditions are.
Director Ericson commented that they do not relate to the change in that section.
Mayor Marty referenced Page 4, Item B, that stated billboards must be located at least 250 feet
Mounds View City Council March 13, 2006
Regular Meeting Page 13
• from residentially zoned property. He noted it would probably meet the 250 feet, but stated he
wanted to extend that footage.
Mayor Marty stated that he had to hand it to Clear Channel wanting to get rid of the interim
provisions because they have come to the Council several times. He stated when the idea of
putting in billboards first came to the Council, nobody wanted billboards, but nobody wanted to
tax citizens either. He stated that Clear Channel came back to extend from 15 to 20 years, and
the City was reluctant, but understood that Clear Channel spent a lot of money at the Supreme
Court, etc. Mayor Marty stated that it should be left the way it is and he stated he does not want
to saddle future Councils with a possible poor decision.
Councilmember Thomas stated it is worth pointing out that the Council is not negotiating a
contract here, but this is a sign ordinance for permits. She stated should Clear Channel pursue
contracts with other private parties, this is a separate issue. She indicated the Council is not
going to offer a permit for a longer period of time without Clear Channel having to come back
and request a longer period of time. She stated 30 years not to re-address the permit is immense.
She stated she is not comfortable with a permit that never has to be addressed again.
Mayor Marty asked what the height is of the billboard on County Highway 10 by Walgreens.
Director Ericson stated it is 35 feet. Mayor Marty indicated that is plenty high for a billboard in
town.
Councilmember Stigney asked why sometimes there is an additional item sticking up on the
billboards if there is a 35 foot requirement, and asked who monitors the height requirement.
Director Ericson explained this is an extension on the top of billboard that is not to exceed 25
percent by City Code, and that the City monitors this.
Tom McCarver, Clear Channel Outdoor, stated through the negotiation of the agreement to
remove signs, Clear Channel was in a somewhat partnership with the City in trying to find areas
to relocate these signs. He stated there are not a lot of locations available, and indicated he
agreed with the Council on the Silver Lake issue, as it was not even looked at as a possibility.
He stated it is not the intent of Clear Channel to put signs in areas where they are not necessary.
Mr. McCarver stated the issue is to find suitable locations to get as close as possible to what is on
the other side. He noted when looking at the 45 feet height on the golf course, there were trees
and other obstacles to get over, and there will be the same issue on a number of other sites.
Mr. McCarver stated as far as the interim use permit, some of the areas may potentially be
exactly the same. He stated there is some disparity as far as the value is concerned and part of
the value is being able to stay for a longer term. He stated if there is a height limit of 35 feet, it is
possible that locations could not be found. He stated that 35 feet cannot work on any site on
Interstate 35W. He noted in some locations, Clear Channel is allowed to maintain the trees in
area, but there is nothing they can do about the trees on Interstate 35W, so that would not be a
viable option.
Councilmember Thomas stated this is why the variance option was discussed for places where
Mounds View City Council March 13, 2006
Regular Meeting Page 14
. there is a visibility issue. She stated it allows the City to say it is not appropriate for all areas to
be at that height, and then the City cannot deny where it would not be appropriate if that is the
maximum height allowed. She explained the City would set the maximum across the board and
if there are difficulties with the visibility, then the other options would be gone through to allow
variances. She explained this will allow flexibility for both parties.
Mr. McCarver stressed he is looking for quick resolution as there are a couple of interested
parties. He commented there are three locations including the City site that are viable, but one is
not viable due to the limitations. He noted even with the 45 feet maximum height, he is not sure
that one or two of the sites are viable.
Councilmember Gunn asked if the wording could be changed so that 45 feet is allowed in a
specific area.
Mayor Marty stated he is more comfortable leaving it at 35 feet and variances requested for
anything above that.
Councilmember Thomas stated it would allow for points in the future.
Councilmember Gunn asked if certain areas could be specified in the Ordinance, such as the
Interstate 35W area.
Ma or M ted it mi tak ouncil t ess a variance
y arty sta ght e a meeting or two longer for the C o addr
once the locations are established.
Mr. McCarver asked if there is a limitation as far as percent varied above the current height in a
variance situation. Councilmember Thomas stated it is based on hardship.
Councilmember Gunn noted the current Council will not always be here.
City Administrator Ulrich pointed out that the hardship criteria is one that is sometimes hard to
overcome. He stated that Staff can look at adding language to allow height at specific zones
before the second reading of the Ordinance.
Mr. McCarver asked when the next hearing would happen. City Administrator Ulrich stated it
would be a minimum of two weeks.
Mr. McCarver stated he could look at the specific areas. He commented if the billboard is 35
feet high at Walgreens, he would have no need for it to be higher than that. He stated there are
locations that may work; however, on Interstate 35W, at a minimum the height will need to be 45
feet.
Councilmember Flaherty commented that a variance is a deviation from what the Code says. He
stated it could vary up 50 feet, 100 feet, or another amount as part of the variance. He asked if it
is possible to get a rendition of what the location will look like. Mr. McCarver stated an accurate
Mounds View City Council March 13, 2006
Regular Meeting Page 15
. portrayal can be submitted as to what something would look like in certain area.
Mr. McCarver stated the problem with a variance is that it may get hung up in a legal question
depending the way things go, and stated it is his understanding that there are certain criteria to
meet to have a variance, and it may not be as easy as the Council indicates.
Mayor Marty stated the Planning Commission will have to stick with the variances, but the
Council has the authority to overrule and decide otherwise.
Councilmember Gunn added that the same Council is not always going to be here.
Director Ericson added that in case of the variance approved for the golf course, it was approved
solely on the basis of the trees being in the way. He explained the type of variance relates to the
type of use. He stated the height of the trees in front of a billboard is the hardship if the billboard
cannot be seen. He explained this is a clear hardship that can be demonstrated. Director Ericson
stated that Planning Commissions and City Councils change, but when looking at the variance
criteria and addressing the fact if there is hardship, it should remain the same regardless of the
City Council, and should not be arbitrary.
City Administrator Ulrich stated looking at a variance is acceptable, and once the Council has set
the precedence that a variance is granted on tree height, the City cannot be arbitrary on where the
. variance is granted, as long as billboards are allowed in the district. He stressed there has to be
consistency in how it is applied. He stated this is one reason for designating certain areas for
height as opposed to leaving a broad based that a variance can be granted anywhere.
Mayor Marty asked Clear Channel to review the proposed sites with Staff before the next
meeting to see if that type of language can be worked in.
Mayor Marty noted the City was hoping to install monument signs with brick work on the signs
at the golf course, and asked if there was still going to have this type of sign put in there. He
stated a variance was given for the billboard in front of Walgreens to expand, and the City asked
for more of a base or monument. He asked if the same type of base could be requested if there
are any signs on County Highway 10, without being arbitrary, since it is the boulevard area of the
City.
Director Ericson stated he could check with the City Attorney, and that the City can adopt design
guidelines that would be implemented city wide on certain construction. He stated the City has
not taken a position and the City was fortunate to do that for the existing billboards because they
were on Highway 10.
Councilmember Thomas stated that the Council is not talking about negotiating contracts, but
rather only the separate permit process. She stated it is an opportunity of the private property
owner to negotiate the design of the billboard.
• Mr. McCarver stated it is the intent to stone work on Signs 1 and Sign 6. He noted the other two
Mounds View City Council March 13, 2006
Regular Meeting Page 16
• are coming down in the next year, so it is not worth the effort. He noted Sign 7 will have stone
work as well. Mr. McCarver stated Clear Channel is very proud of those structures and the
concept passed with the City. He indicated that Clear Channel is nationally recognized as an
innovative approach, and other cities have approached them for their services.
Director Ericson asked for consensus from the Council on the two issues, the height of the signs
and the location of northwest of Silver Lake Road. He indicated that changes could be made for
the second reading.
Councilmember Thomas stated she still thinks powers should be reserved to future Councils to
be able to consider whether it is a variance, but she is willing to consider anything on the
Interstate 35W corridor to have a height of 45. She stated there is a point to where there is a limit
to draw the line, and she does not have a problem with the variance process as it is there for a
reason. She stressed future Councils should have the opportunity to deny or approve as their
right on the Council.
Mayor Marty stated he is fine with Interstate 35W and other locations by the variance process.
MOTION/SECOND: GUNN/THOMAS. To approve First Reading of Ordinance 769, an
ordinance Amending and Revising Chapter 1008 of the Municipal Code Relating to Signs and
Billboards, with the suggested amendments and Staff looking into locations.
• A es-3 -
y Nays 1 (Marty) Absent - (Gunn) Motion carned.
G. Resolution 6771 Approving Change Orders No. 7-10 for the City Hall
Rehabilitation Project.
Director of Public Works Lee reviewed Change Orders 7-10. He explained Change Order 7 is
for additional costs for changes to the boiler system of $3,155, Change Order 8 is for additional
costs for modification to the mop sink of $790, Change Order 9 is for additional costs for
relocation of Qwest Communication's main phone line of $2,226, and Change Order 10 is for
additional costs for removal of wood partitions of $3,482.
Director of Public Works stated the consultant for the City has indicated that all changes have
been identified for the project.
Director of Public Works Lee stated that there is $1,600,000 budgeted for the City Hall
Rehabilitation Project, and the estimated final cost of the project is $1,495,288.
Councilmember Stigney asked about Change Order 7 and referenced the notation about the
propellers being installed the wrong way, and asked if they were put in with new boilers.
Director of Public Works Lee stated they were originally installed incorrectly, and when they
were replaced on March 24, 2003, they were also installed incorrectly. He noted that Public
Works changed out the pump.
Mounds View City Council March 13, 2006
Regular Meeting Page 17
• Mayor Marty referenced Change Order 7 on the Change Order Summary, and asked why it has a
cost of $0. Director of Public Works Lee stated that a contingency of $15,000 was built into the
contract, and the some of the change orders are billed toward the $15,000 contingency, so it
shows up on the report as $0.
Mayor Marty referenced Change Order 19 which is a credit of $633 for the removal of dampers.
Director of Public Works Lee explained it was not needed to meet the Building Code, so it was
deleted from the project.
Mr. Jahnke stated that the change orders are ironic, because the City projects tend to start at one
number and continues to increase.
Councilmember Thomas pointed out that the project is still under budget.
Mayor Marty pointed out the Fire Station is coming in on budget, too.
MOTION/SECOND: FLAHERTY/THOMAS. To waive the reading and adopt Resolution 6771
Approving Change Orders No. 7-10 for the City Hall Rehabilitation Project.
Councilmember Stigney asked if the total amount of the change orders total $94,751. Director of
Public Works Lee explained this is all that is anticipated. He explained Change Orders 1 through
• 6 have been approved up to this point, but a1120 Change Orders add up to $94,751.
Ayes - 4 Nays - 0 Absent - (Gunn) Motion carried.
H. Resolution 6768 Approving Out of State Seminars/Schooling.
Public Works Supervisor Pittman explained there are two out of state seminars Public Works is
recommending for approval, American Traffic Safety Service Association (ATSSA) training
conference in Fargo, North Dakota, and Elgin Crosswind Street Sweeper Two-Day Training
School.
Public Works Supervisor Pittman stated Public Works is requesting four staff members to go to
the Elgin Crosswind Street Sweeper class. He stated this highly sophisticated and expensive
equipment was recently purchased. He stated it is a very in depth, hands-on, two-day class. He
stressed it would be difficult for only two people to go and then relay what they have learned. He
stated the four staff going there would be the ones who will be operating the equipment. He
stated the more people that know the equipment, the more accountability there is for the
equipment and Staff.
Public Works Supervisor Pittman noted that it was budgeted for two Staff to attend the ATSSA
training conference, but only one Staff will be going. He stated the savings could be transferred
towards the Elgin Crosswind Training School. He noted there will are funds from other training
classes that Staff will not be participating in that could be transferred to pay for these classes.
Mounds View City Council March 13, 2006
Regular Meeting Page 18
• Mayor Marty referenced the ATSSA training, and noted alternative street markings is one of the
items on the agenda. He stated it has been talked about in past years to try to get the crosswalks
marked distinctively on County Road 10. He stated there are two intersections in the City that
are problematic because of their length and because they are diagonal. He noted this is
something that might be able to be addressed by attending this training.
Public Works Supervisor Pittman stated that is the purpose of going to these classes, to make
Staff more accountable and to bring knowledge back to the City to better it.
Mayor Marty referenced the Elgin Crosswind School information and that it indicates it is
designated for new or experienced Crosswind mechanics or maintenance persons and the
objectives are all from a mechanical point of view. He stated this is why he questions sending
two maintenance staff.
Public Works Supervisor Pittman stated the three operators and the mechanic are responsible for
doing the maintenance on the equipment. He stated the operators may be able to troubleshoot the
smaller things to save the mechanic time, so it would be valuable for them to attend the training.
He stated taking care of the problem on-site is where it will be a benefit to Staff.
City Administrator Ulrich stated it is a very expensive piece of equipment, and this training is an
investment for the equipment and Staff that run it. Public Works Supervisor Pittman stated the
• purchase price of the equipment was $126,000.
Councilmember Gunn agreed and stated that it is extremely expensive equipment, and it is worth
the investment to have more people that know what they are doing.
Public Works Supervisor Pittman mentioned that one person attends the training free, so only
three people need to be paid for.
Councilmember Flaherty stated he is looking for assurances that this is what is necessary to
maintain the piece of equipment. He stated the maximum total cost is $1,950 for four people.
He asked if the class is $400 per person. Public Works Supervisor Pittman stated that is correct.
Councilmember Flaherty asked how Staff will get there. Public Works Supervisor Pittman stated
it is his understanding that a personal vehicle will be used and mileage will be reimbursed.
Councilmember Flaherty asked if the hotel room is included. Public Works Supervisor Pittman
stated it is.
Councilmember Thomas asked if there is a policy in place of where to draw the line when too
much is wrong for Staff to try and fix the equipment. Public Works Supervisor Pittman
explained the three operators will be the main people running the equipment. He stated it would
be rare that anyone else would be using this equipment.
• Councilmember Stigney asked if there is a City vehicle that could be used. Public Works
Mounds View City Council March 13, 2006
Regular Meeting Page 19
• Supervisor Pittman there is and that is an option.
Mayor Marty asked why the registration was not brought up last month for the ATASSA training
since there was a lower fee if registration was completed by February 28. Public Works
Supervisor Pittman stated registration was confirmed at this lower rate, and this resolution is just
looking for approval.
Mayor Marty stated that if something breaks down, everyone pitches in as the mechanic cannot
do it all. He stated he agrees with the justification for the training class.
MOTION/SECOND: GUNN/FLAHERTY. To waive the reading and adopt Resolution 6768
Approving Out of State Seminars/Schooling.
Councilmember Stigney stated he is supporting this reluctantly because now that the City has the
$126,000 street sweeper that he voted against, it needs to be maintained. He stated he wants to
see people get trained.
Public Works Supervisor Pittman stated he wrote a memorandum to City Administrator Ulrich
about the time saved with the equipment. He stated he hopes the Council understands that
money and time is being saved with the equipment. He indicated it used to take three and a half
- weeks to sweep the City, and it only took one and a half weeks with the new equipment. He
mentioned it is a one person operation. He added it can also be used to clean out storm sewers.
Ayes - 5 Nays - 0 Motion carried.
I. Resolution 6789 Approving the Purchase of a 1-Ton 4z4 Pickup Truck.
Supervisor of Parks Dazenski explained that the Chevrolet 3/4-ton pickup truck was scheduled for
replacement when it was ten years old, and it is now sixteen years old. He noted that Staff is
trying to do away with buying any more % ton pickup trucks, because they are not nearly as
useful as a 3/4-ton or 1-ton pickup truck. He noted that 3/4-ton pickup trucks are at the maximum
use when loaded with tools. He noted a 1-ton pickup truck provides some leeway for hauling
items, and explained other benefits of having a 1-ton pickup truck.
Supervisor of Parks Dazenski explained that the 3/4-ton pickup truck is propane powered, and is
the second to last truck that has propane. He stated the propane tank is rusted from the inside out
and can only carry aone-third tank of fuel.
Supervisor of Parks Dazenski explained a 2006 1-ton Ford F-350 4x4 pickup truck can be
purchased under state contract for $23,230. He explained the new truck will last longer than ten
years. He noted the additional equipment and options necessary to fully utilize the truck can be
purchased from local equipment supply companies for approximately $10,000.
Supervisor of Parks Dazenski explained a reserve of $2,000 will be placed on the pickup when it
is sent to the surplus auction.
Mounds View City Council March 13, 2006
Regular Meeting Page 20
• Councilmember i -
St gney asked if a better value can be received m an auction than for a trade m.
Supervisor of Parks Dazenski explained that the vehicle cannot be traded in because it is a
propane powered vehicle, and the parts are virtually impossible to get to do any repairs.
Councilmember Thomas asked if flexible fuel vehicles have been considered. She stated a lot of
State vehicles are flexible fuel vehicles. She stated since the City is taking advantage of the State
bid system, this option may want to be considered. She stated she was unsure if it would be
available in a truck of this time, but it is something to think about in the future as far as a policy
for replacement vehicles.
Supervisor of Parks Dazenski stated there are e85 vehicles available, but they are not required.
He stated the City will eventually buy vehicles of this type.
Director Ericson stated e85 is not available in Mounds View yet, so this fact should be
considered.
MOTION/SECOND: FLAHERTY/GL7NN. To waive the reading and adopt Resolution 6789
Approving the Purchase of a 1-Ton 4x4 Pickup Truck.
Ayes - 5 Nays - 0 Motion carried.
J. Resolution 67 r '
70 App owing the Purchase of a Replacement Mower for the
Parks Division.
Supervisor of Parks Department Dazenski explained the Toro 580D Groundsmaster mower,
purchased in 2001, has developed problems in the hydrostatic drive that would require extensive
repairs. He noted the mower had been scheduled for replacement in 2006.
Supervisor of Parks Department Dazenski explained Staff has performed an extensive study and
evaluation of mowers and has chosen the Jacobsen HR 9016 mower, which has been proven to
be safe, dependable and user friendly. He explained the mower has hydraulic blades, the mower
is maintenance friendly, and is four-wheel drive.
MOTION/SECOND: GUNN/FLAHERTY. To waive the reading and adopt Resolution 6770
Approving the Purchase of a Replacement Mower for the Parks Division.
Councilmember Stigney asked if the general life of a mower is five years. Supervisor of Parks
Department Dazenski stated it was used for 2,600 hours over five years. He noted the mower
could be used more, but it needs $3,000 of repairs.
Councilmember Stigney asked if five years of service can be expected with the new mower.
Supervisor of Parks Department Dazenski stated five years or 3,000 hours is the recommended
replacement time.
Mounds View City Council March 13, 2006
Regular Meeting Page 21
• Councilmember Stigney asked about the units used at the golf course. Supervisor of Parks
Department Dazenski stated the largest umt the golf course had was a 10 foot mower, and that
was kept as a backup mower in case of a growth spurt or breakdown of the main mower. He
noted that two mowers from the golf course were auctioned off.
Mayor Marty stated he likes the features on the new mower.
Ayes - 5 Nays - 0 Motion carried.
K. Resolution 6772 Accepting Ramsey County Ezcess Right-of--Way.
Director Ericson explained Staff facilitated a discussion with Ramsey County regarding remnant
Long Lake Road right-of--way that bisects the SYSCO area. He stated the right-of--way is not in
use for its intended purpose and Ramsey County has no plans for the right-of--way.
Director Ericson stated that the City gave SYSCO direction to work with Ramsey County to
determine if the excess right-of--way could be vacated. He indicated that Ramsey County adopted
a Resolution which released the excess right-of--way to the City of Mounds View. He stated the
City should adopt a Resolution accepting this so it may in turn vacate same to SYSCO, as the
City has no plans for the right-of--way.
Director Ericson explained an ordinance must also be passed in order to vacate any interest in
land. He explained SYSCO is aware of Ramsey County's plans. He explained 16,000 square feet
of land would be brought back on to the tax rolls.
Director Ericson explained there are utilities present in the right of way that would remain
protected by an easement dedicated as part of the SYSCO Minnesota Second Addition Plat that
would need to come back to the City Council for final plat approval.
Director Ericson offered to answer questions.
MOTION/SECOND: THOMAS/STIGNEY. To waive the reading and adopt Resolution 6772
Accepting Ramsey County Excess Right-of--Way.
Ayes - 5 Nays - 0 Motion carried.
L. First Reading and Introduction of Ordinance 770, an Ordinance Vacating
Ezcess and Unused Former Ramsey County Right-of--Way to SYSCO
Minnesota.
MOTION/SECOND: STIGNEY/FLAHERTY. To approve the First Reading and Introduction
of Ordinance 770, an Ordinance Vacating Excess and Unused Former Ramsey County Right-of-
Way to SYSCO Minnesota.
A es - 5 Na s - 0 Motion carried.
Y Y
Mounds View City Council March 13, 2006
Regular Meeting Page 22
Director Ericson noted the second reading would be at the next meeting
M. Resolution 6763 A Resolution Revising Section 1.53(G) of the Personnel
Manual pertaining to Tuition Reimbursement.
Item was deleted.
N. Resolution 6762 Approving a Step Increase for Officer Ben Zender of the
Mounds View Police Department.
MOTION/SECOND: STIGNEY/THOMAS. To approve Resolution 6762 Approving a Step
Increase for Officer Ben Zender of the Mounds View Police Department.
Ayes - 5 Nays - 0 Motion carried.
O. Resolution 6765 Approving a Severance Package for Dave Parker, former
Bridges of Mounds View Golf Course Employee.
Councilmember Stigney asked if Mr. Parker completed three full years of service. City
Administrator Ulrich indicated he did.
MOTION/SECOND: THOMAS/GUNN. To approve Resolution 6765 Approving a Severance
Package for Dave Parker, former Bridges of Mounds View Golf Course Employee.
Ayes - 5 Nays - 0 Motion carried.
P. Resolution 6774 Appointing Dale Aukee and Thai Vang to the Parks and
Recreation and Forestry Commission and Appointing a Chairperson.
Director of Public Works Lee explained Mr. Dale Aukee and Mr. Thai Vang submitted
applications for terms on the Parks and Recreation and Forestry Commission. He added that the
Commission made a motion to re-appoint John Kroeger as Chairperson.
MOTION/SECOND: FLAHERTY/THOMAS. To waive the reading and approve Resolution
6774 Appointing Dale Aukee and Thai Vang to the Parks and Recreation and Forestry
Commission and Appointing John Kroeger as Chairperson.
Ayes - 5 Nays - 0 Motion carried.
Q. Resolution 6775 Approving the 2006 Seasonal Public Works Positions.
Director of Public Works Lee explained Staff is proposing to hire nine summer seasonal
positions, three fall seasonal positions, and one winter seasonal position for 2006. He stated this
is the amount of positions that are typically hired, with the exception of the summer seasonal
Mounds View City Council March 13, 2006
Regular Meeting Page 23
positions, where ten positions are usually hired. He explained Staff is putting together a proposal
to hire a Public Works intern as opposed to a seasonal employee to assist with Public Works with
public improvement projects.
Mayor Many stated he is concerned about adding another Staff member if nine summer seasonal
positions are approved. He explained there is a heavy schedule of items to get done this year,
and Director of Public Works Lee will need someone that is more educated with higher technical
skills. Mayor Marty pointed out the Council is not voting for this extra position tonight.
Councilmember Flaherty asked for a quick bio of a typical seasonal worker. Director of Public
Works Lee stated typically seasonal workers are aged 18 to 24 and are college students.
Mayor Marty stated City Administrator Ulrich suggested paying the intern position out of the
projects themselves. Director of Public Works Lee noted he would work with City Administrator
Ulrich and Finance Director Beer regarding this.
Director of Public Works Lee stated that $6.5 million in projects are scheduled for later this year
and the first part of next year. He noted that the overall City budget is $5.6 million, so there will
be a substantial operating change. He stated more assistance in the office area will be required
for the projects to get going.
• Mayor Marty commented that there have not been any projects for a number of years.
Councilmember Stigney asked if any of the seasonal employees will be allowed to apply for the
intern position. Director of Public Works Lee indicated that the position has not been defined
yet, but noted that other cities have had a difficult time finding a technical person, so Staff may
look at someone who is not in the engineering field as a possibility.
MOTION/SECOND: MARTY/GUNN. To waive the reading and approve Resolution 6775
Approving the 2006 Seasonal Public Works Positions.
Ayes - 5 Nays - 0 Motion carried.
R Resolution 6776 Approving Execution of a Supplemental Letter of
Agreement with Short, Elliot, Hendrickson, Inc. for Community Center
Remodeling.
City Administrator Ulrich stated that the recommendation was to consider a supplemental
agreement with Short, Elliot, Hendrickson, Inc. for proposed services for the Community Center
as outlined by the Mounds View Community Center Task Force and pursuant to the direction by
the Council at the worksession. He stated the cost of proposed services is estimated to be
$9,500. He noted an additional proposal was received this evening for $5,000 to do similar
services.
City Administrator Ulrich stated he recommends the item be ost oned b the Council, so that
p P Y
Mounds View City Council March 13, 2006
Regular Meeting Page 24
the additional proposal can be analyzed to see if money can be saved.
Councilmember Thomas stated she agrees that the item should be postponed. She commented
that the other proposal came in from the firm that did the North St. Paul project, which is very
similar to this one. She stated she would like to obtain more information from them including
what the 6 percent of the Phase 2 ideas is, what items would fall under that and to get a total on
that.
MOTION: STIGNEY/. To postpone indefinitely Resolution 6776 Approving Execution of a
Supplemental Letter of Agreement with Short, Elliot, Hendrickson, Inc. for Community Center
Remodeling.
Councilmember Thomas asked why a motion needs to be made to postpone the item.
Motion died for lack of a second.
No action was taken on the resolution at this time.
City Administrator Ulrich stated the item will be discussed at the next regular Council meeting.
S. Resolution 6777 Approving Contract Amendment with Canyon Catering,
LLC.
City Administrator Ulrich noted the proposal is for an interim temporary lease with Canyon
Catering for $2,000 per month under a 30 day automatically renewing lease, which would allow
them to continue operation of the banquet center catering on the interim basis until the City
makes a final determination on the direction of the Community Center, based on the
recommendation of the Mounds View Community Center Task Force.
City Administrator Ulrich noted he has not heard back from Canyon Catering, and noted that the
Resolution could be unilaterally approved at this time if the Council agrees with the terms and
conditions. He stated if the terms and conditions are revised by the Council, it could be reviewed
with Canyon Catering. He stated Staff recommends the terms and conditions.
Councilmember Thomas asked how it reflects the fact that the City will still be occupying the
space for the month of April. She asked if there should be a waiver for rent while the City still
occupies the space.
City Administrator Ulrich explained in the original agreement, the lease is waived during the
period of time the City occupied the building. He stated the City is occupying the building for
another month due to construction delays. He stated the question is if the City should waive the
lease payment for the month of April.
Councilmember Thomas stated there is still no agreement for the month of April, and suggested
something still needs to be put into place that would cover April. She stated putting the interim
Mounds View City Council March 13, 2006
Regular Meeting Page 25
agreement into place and waiving the fee for April is acceptable. She clarified that the rent
should be waived while the City occupies the space.
Councilmember Gunn asked if it is only going to be for April or if will stretch farther.
City Administrator Ulrich suggested adding a provision that the current arrangement should
continue until the City is no longer occupying the building.
Mayor Marty stated that giving up $3,000 per month for the interim agreement will cost the City
$36,000 per year in revenue and also the church's rent is $1,500 per month. He stated Canyon
Catering is basically paying $500 per month plus taxes, so they are getting a good deal in the
interim.
Councilmember Thomas noted that they cannot plan ahead for future events.
Councilmember Flaherty noted that Mr. Dobbs clearly put in the resignation that Canyon
Catering will not renew their contract under the current stipulation. He noted that the City is
actually gaining $3,000 per month because otherwise Canyon Catering would have just ended
their contract. He stated it is a good deal where either party can cancel the contract. He noted
the City is moving forward with other plans for the facility.
Mayor Marty referenced Page 7, Item 26, in regard to the intent of the parties of the agreement,
and that the City is a recipient of an End Grant from the State of Minnesota to be utilized for a
portion of the renovation of the facility. He mentioned he was not aware of this in the past.
Director Ericson explained that was a grant that was submitted by the previous Park and
Recreation Committee director to help with some of the renovations of the facility.
MOTION/SECOND: THOMAS/GUNN. To waive the reading and approve Resolution 6776
Approving Execution of a Supplemental Letter of Agreement with Short, Elliot, Hendrickson,
Inc. for Community Center Remodeling, as amended.
Councilmember Stigney asked what is the amendment. Councilmember Thomas stated it is to
put the structure in place on April 1, and waive the $2,000 rent while the City occupies the
building.
Ayes - 5 Nays - 0 Motion carried.
8. CONSENT AGENDA
Councilmember Stigney asked to remove Item E.
A. Licenses for Approval
B. Resolution 6764, Approving a Charitable Gambling Permit for Twin Cities
North Chamber of Commerce.
Mounds View City Council March 13, 2006
Regular Meeting Page 26
~~
C. Resolution 6766 Replacement of Asphalt Cold Planer.
D. Set a Public Hearing for 7:05 p.m., Monday, March 27, 2006, to Consider the
Second Reading and Adoption of Ordinance 770, an Ordinance Vacating
Ezcess and Unused Right of Way to SYSCO Minnesota.
~pjpp.* v v• viia
_ _ ~J-_C:
MOTION/SECOND: GUNN/FLAHERTY. To Approve the Consent Agenda Items A-D.
Ayes - 5 Nays - 0 Motion carried.
8E. Resolution 6778 Revising the Funding for the Random Park Replacement
Project.
•
Councilmember Stigney stated a change was requested fora 60/40 split from the Special Project
Fund to contribute 60 percent to the Park Dedication Fund, reducing the money to $40,000 from
the Special Project Fund. He noted this will cost the City $24,000. He stated he sees no reason
not to stay at the 50/50 level it was at before. He stated his disagreement with this Resolution.
MOTION: STIGNEY/. To waive the reading and deny Resolution 6778 Revising the Funding
for the Random Park Replacement Project.
Motion died for lack of a second.
MOTION/SECOND: GUNN/THOMAS. To waive the reading and approve Resolution 6778
Revising the Funding for the Random Park Replacement Project.
Councilmember Stigney pointed out that the money in the Special Projects Fund can be used for
other purposes but the Park Dedication Fund is strictly for parks, so by taking money out of the
Special Projects Fund, it cuts back what the City can do with the Fund. He stated the Special
Projects Fund will be short $24,000 to the benefit of Parks and Recreation, when it already has
$865,000 coming from Medtronic.
Councilmember Thomas stated the only thing that might possibly be added is for the language
reflecting the additional costs of the parking lot, so there is not a precedence issue in the future.
She explained a 60/40 split was decided because it was a 50/50 split with the additional cost of
parking.
Ayes - 4 Nays - 1 (Stigney) Motion carried.
•
MOTION/SECOND: THOMAS/FLAHERTY. To extend the meeting past 10:00 p.m. for 30
minutes.
Ayes - 5 Nays - 0 Motion carried.
Mounds View City Council March 13, 2006
Regular Meeting Page 27
•
9. JUST AND CORRECT CLAIMS
Mayor Marty referenced about the item to Kennedy and Graven for general legal services that
notes the hazard abatement. He wondered if this is being billed back to the property. Director
Ericson stated it is not and it is a property that the Council authorized Staff to seek an appraisal
on. He noted an offer was made on the property and there are some foundation issues that Staff
has been dealing with for some time.
Mayor Marty asked about check number 118043 for framing and matting for $148.19. Director
Ericson stated the Community Development ordered a frame for an award on the Medtronic
project that matches the existing frames in the hallways of City Hall.
MOTION/SECOND: GUNN/THOMAS. To approve the Just and Correct Claims as Presented.
Ayes - 5
10. APPROVAL OF MINUTES
Nays - 0 Motion carried.
A. February 27, 2006 City Council Meeting Minutes
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MOTION/SECOND: THOMAS/STIGNEY. To Approve the February 27, 2006 City Council
meeting minutes, with corrections having been provided to staff beforehand.
Ayes - 5 Nays - 0 Motion carried.
11. REPORTS
A. Reports of Mayor and Council
Councilmember Gunn stated the clubhouse was moved to Random Park early Saturday morning.
She noted several groups of people that helped including the Police Department, Fire
Department, and Ramsey County. She commented it will look really nice there.
B. Reports of Staff
1. Reports of City Administrator Ulrich
City Administrator Ulrich reported the Charter Commission would like to set up a joint meeting
with the City Council.
The Council agreed to hold the meeting on Tuesday, April 18, 2006 at 7:00 p.m.
City Administrator Ulrich reported that the bonding bill passed the Senate for the correction of
language needed for the County Road J project. He stated with it anticipated to pass, the City
Mounds View City Council March 13, 2006
Regular Meeting Page 28
• will no longer need an agreement with the Minnesota Department of Trade and the Economic
Development Department, and it is in the intention to cancel that agreement.
2. Reports of Community Development Director Ericson
Director Ericson explained a special Council worksession is needed to review Community
Development Department policies and philosophies.
The Council agreed to hold the special City Council worksession meeting on Wednesday, March
29, 2006 at 7:00 p.m.
Director Ericson reported that an appraisal was received on the Premium Stop property that does
support the purchase agreement price between the property owner and City of Mounds View. He
stated that the property owner signed the purchase agreement today. He noted that there was
slight tweaking of the environmental language. He noted the purchase agreement can be
executed after the meeting.
Director Ericson reported that tree removal began on the Harstad property on Long Lake Road
and County Road H2. He commented that Rice Creek Watershed District has not issued the
permit yet although they have most of what they need to issue the permit. He stated that the
application and fee for the grading permit for the City of Mounds View have not been received
yet. He explained that these are the two things that are stopping the project from moving
forward.
Director Ericson reported that he spoke with four of the six property owners, and they indicated
they do not want anything to do with the pool or tennis court, and would be happy if the $60,000
was donated to the City for Park and Recreation purposes. Director Ericson commented he will
let the Council know when feedback is received from the other two property owners.
12. Nezt Council Work Session: Monday, March 20, 2006 at 6:00 p.m. (Special
Work Session)
Nezt Council Meeting: Monday, March 27, 2006 at 7:00 p.m.
13. ADJOURNMENT
The meeting was adjourned at 10:24 p.m.
Transcribed by:
Annette Anderson
Timesaver Off Site Secretarial, Inc.
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