Loading...
HomeMy WebLinkAboutMinutes - 2006/05/22PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL • CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA O Regular Meeting May 22, 2006 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 7:18 P.M. 1. MEETING IS CALLED TO ORDER 2. PLEDGE OF ALLEGL~NCE 3. ROLL CALL: Marty, Stigney, Flaherty, Gunn (arrived at 9:24 p.m.) and Thomas. NOT PRESENT: None. 4. .APPROVAL OF AGENDA A. Monday, May 22, 2006 City Council Agenda. City Administrator Ulrich added Agenda Item 6G, Report on Traffic Accident. MOTION/SECOND: THOMAS/FLAHERTY. To Approve the Monday, May 22, 2006 agenda as revised. Ayes - 4 Nays - 0 Motion carried. 5. PUBLIC INPUT Barbara Haake, 3024 County Road I, stated she would like to address Agenda Item 7J, Resolution in Support of Local Cable and Video Provider Franchising, that will be addressed by Cora Wilson. She asked the Council to listen closely to Ms. Wilson because Mounds View wants to keep its franchise fees. Ms. Haake urged the Council to adopt the draft resolution. Tom Winiecki, 2700 block of Sherwood Road, gave the Council several pieces of asphalt, stating that this is an example of his street. He explained he spoke with the Public Works Director and in his opinion the Council and the Public Works Director are not doing their jobs to properly repair potholes. He suggested if the City is going to patch a hole, it should be done right with cold mix. Mayor Marty agreed the City's streets are past patching and noted this will be discussed during . Agenda Item 7F. Mounds View City Council May 22, 2006 Regular Meeting Page Z • City Administrator Ulrich stated the Council recognizes street repairs as their top priority and the City is progressing aggressively to address that issue. Public Works Director Lee explained staff does not want to spend too much time and money to patch streets because street rehabilitation is the best remedy. Mayor Marty stated the Council has been trying to move this forward for years and it is now the time to "take the bull by the horns" and the City will have to deal with Item 7F tonight. 6. SPECIAL ORDER OF BUSINESS A. Senator Betzold and Representative Bernardy would like to speak to the Council in regard to this year's legislative session. Mayor Many welcomed Senator Betzold and Representative Bernardy to the meeting. Senator Betzold stated that Councilmember Thomas was also at the Capitol and has spent long hours there. He provided a recap on the legislative session that started March 1St and explained it was a short session since it was not a budget year. He stated this past week they had some long days and finally f Wished last night. He stated that last year the emphasis was to pass the budget and education so a lot of things carried over to this short session. Senator Betzold reported on • the projects approved included in the Bonding Bill and other programs they were able to fund through the $400 million Tobacco Health Impact Fund. He then reported on other actions undertaken during this short session including passage of an open air Twins stadium paid by sales tax, and a Gopher stadium with a land exchange and naming rights. Regarding the Viking stadium, the action designates Blaine as the stadium site and that there can be a sales tax but not until the Legislature approves that tax. Senator Betzold advised of bills that did not get passed in this session and noted the next regular session starts in January and it is an election year. Representative Bernardy explained that it turned out to be a good session and was more cooperative and bipartisan than previously. She reported the fiscal bill passed to fix language for County Road J and she worked with Councilmember Thomas on that issue so the $24 million will now go to the right place and that project can be started. She explained it is not an easy task to get money for roads at the State level and the Department of Transportation is now down to bear bones, hardly able. to make payments, and contractors are being asked to carry the project for three years which costs a lot in interest money. Representative Bernardy stated she worked hard to do scopeing and design work on 35W but that bill was not passed because there was not a transportation bill. She noted this is one of the highest deficient areas in the State and that project is not on Mn/DOT's 20 or 30-year plan. Representative Bernardy stated she is disappointed about property tax relief and had wanted permanent property tax relief, not just a gimmick check that comes out right before the election. The proposal she voted against in the House was for aone-time refund and now there will be an Mounds View City Council May 22, 2006 Regular Meeting Page 3 • 11 % property tax increase State wide. She pointed out that since the Governor took office, there has been an increase of $2 billion in property taxes, which she believes is misguided because the State needs to take care of things like education and not dump it onto local property taxes. Representative Bernardy advised that 30% of the people are renters and they would not have received any property tax relief even though they pay for that tax through their rent. Also, the bill is not progressive so hard working Minnesotans would have only received $180 and those who do not need the money would have. received ten times that amount. Representative Bernardy then reviewed the issues that she plans to work on and stated she hopes they will continue to work more bipartisanly. Mayor Marty thanked both Senator Betzold and Representative Bernardy for trying to get the additional $400,000 for the sound wall, which did not receive funding .this year, and urged them to keep that issue alive for next year. He asked for help on the local cable and video franchising issues which are being looked at on a national level and would do away with franchise fees currently received by cities and local cable franchise holders. Senator Betzold stated that is more of a Congressional issue. Councilmember Stigney left the meeting at 7:43 p.m. B. Resolution 6816, A Resolution of Appreciation for the City of New Brighton for the use of their Council Chambers during the Mounds View • Rehabilitation Project. Mayor Marty read the resolution in full. MOTION/SECOND: THOMAS/FLAHERTY. To adopt Resolution 6816, A Resolution of Appreciation for the City of New Brighton for the use of their Council Chambers during the Mounds View Rehabilitation Project. Ayes - 3 Nays - 0 Absent - 1 (Stigney) Motion carried. C. Resolution 6817, A Resolution of Appreciation for the City of Roseville IT Department for their services during the Mounds View Rehabilitation .Project. Mayor Marty read the resolution in full. Councilmember Stigney returned to the meeting at 7:46 p.m. MOTION/SECOND: FLAHERTY/THOMAS. To adopt Resolution 6817, A Resolution of Appreciation for the City of Roseville IT Department for their services during the Mounds View Rehabilitation Project. Ayes - 4 Nays - 0 Motion carried. Mounds View City Council May 22, 2006 Regular Meeting Page 4 • D. Resolution 6818, A Resolution of Appreciation for the City of Spring Lake Park for use of their Council Chambers for Mounds View Planning Commission Meetings during the Mounds View Rehabilitation Project. Mayor Marty read the resolution in full. MOTION/SECOND: MARTY/FLAHERTY. To adopt Resolution 6818, A Resolution of Appreciation for the City of Spring Lake Park for use of their Council Chambers for Mounds View Planning Commission Meetings during the Mounds View Rehabilitation Project. Ayes - 4 Nays - 0 Motion carried. E. Resolution 6819, A Resolution of Appreciation for the Ramsey County Sheriff s Department for the use of their facilities during the Mounds View Rehabilitation Project. Mayor Marty read the resolution in full. MOTION/SECOND: STIGNEY/THOMAS. To adopt Resolution 6819, A Resolution of Appreciation for the Ramsey County Sheriff's Department for the use of their facilities during the Mounds View Rehabilitation Project. • A es - 4 Na s - 0 Motion carried. Y Y F. Review of Annual Storm Water MS4 Permit. Surface Water Technician Fleischhacker presented the Annual Storm Water MS4 Permit, its goals, and how those goals will be achieved. He explained that Mounds View's storm system is classified by the PCA as an MS4. The permit has goals for best management practices (BMPs), which are guidelines or programs to keep the storm water in the City clean. He advised there is a community complaint line to address issues related to ponding in their yard, illegal dumping, etc. The permit balances environmental concerns with public safety, outlines educational components for staff and residents, and may involve educational brochures or training employees for the City's hazardous spill and response program. Issues of direct concern to residents are household clean up days and educational materials that are distributed to schools in surrounding areas to show students the importance of storm water management. For the street sweeping program, the City recently purchased a new sweeper to provide faster service with fewer people and using less water. Surface Water Technician Fleischhacker advised that a complete list is posted on the MPCA website or it can be received by contacting the storm sewer hotline. He advised of the telephone number and explained this is important because it protects water bodies and streams that residents value like- Spring Lake, Silverview Pond, and Silverview Park. It also provides clean water for Rice Creek and downstream waters that provide for recreational activities. • Mounds View City Council May 22, 2006 Regular Meeting Page 5 • Surface Water Technician Fleischhacker stated residents can help with storm water management by using phosphorous free fertilizers, properly disposing of pet wastes, and keeping organic matter like leaves and grass outside of the streets. The MPCA considers anything that coveys water to be a waterbody of the State, which includes ditches, wetland or the curbline running down the street. Surface Water Technician Fleischhacker reported that projects in 200b include the Edgewood Bona ditch cleaning project behind properties on Edgewood and Bona, north of County Road H. In addition, a few ponds will be dredged and culverts replaced. He offered to answer questions or receive comments. Mayor Marty asked if anyone in the audience had comments or questions. No one responded Councilmember Flaherty asked which ponds will get dredged. Surface Water Technician Fleischhacker stated the ponds will be inspected and dredged if there has been excessive erosion. The City will also dredge the new pond in Silver View Park because the banks were not stabilized appropriately and there was erosion. That pond will be dredged and the banks seeded with native grasses and wildflowers. Mayor Marty asked whether staff finished catch basin inspections last year. Surface Water Technician Fleischhacker advised the City is required to inspect twenty percent of the outfalls each year and staff is above that threshold. • Mayor Marty asked if the Ci is tannin on schedule with this ro ram. Surface Water tY g p g Technician Fieischhacker answered in the affirmative and explained that the permit was set up for afive-year cycle but this is a new permit so this is Year One with anew set of guidelines. Mayor Marty pointed out that this is a federal mandate required of each City and requires Mounds View to implement this criteria. The City has one staff person assigned to keep on top of this program and assure the City is compliant. G. Report on Traffic Accident Mayor Marty advised there was a fatality in a car accident and requested a report from the Police Chief. Police Chief Sommer extended the City's sympathy to the family of the 17-year-old who was killed and the 20-year-old who was seriously injured on May 14 in an accident by an impaired driver. He explained that the New Brighton police observed the vehicle going in the wrong direction westbound on County Road H. The New Brighton car activated its red lights and the car accelerated heavily, reaching speeds of 60 miles per hour, traveling westbound through stop lights at Long Lake Road, and at Silver Lake Road struck a vehicle at full force that was legally within the intersection. That passenger died and the driver was seriously injured. He advised • that the suspect, Lawrence Augustine Maxi, had three prior DWI arrests in 1993, 1999 and 2001. He was charged by criminal complaint with fleeing a police officer in a motor vehicle resulting in Mounds View City Council May 22, 2006 Regular Meeting Page 6 • death, which is a crime with a maximum sentence of 40 years in prison, and criminal vehicle injury, which is a three-year felony. Mayor Marty stated the City's thoughts, prayers, and concerns are with the victim's families 7. COUNCIL BUSINESS A. 7:05 p.m. Public Hearing for the Second Reading and Adoption of Ordinance 772, an Ordinance Amending Chapter 7 of the Mounds View City Charter. (ROLL CALL VOTE) Mayor Marty opened the public hearing at 8:03 p.m. Assistant to the City Administrator Crane advised that on April 18, 2006, the Mounds View Charter Commission adopted Resolution 2006-05, which put forward suggested amendments to the Charter in Chapter 7 relating to "Taxation and Finances." These amendments were discussed at the April 18, 2006 Special Work Session between the Mounds View Charter Commission and the Mounds View City Council. A first reading of this Ordinance was done at the April 24, 2006 City Council Meeting, and the first reading was approved. Assistant to the City Administrator Crane explained the intent of the Charter Commission with this resolution is to clarify language in the Charter relating to Taxation and Finances in Chapter 7 • of the Mounds View City Charter. Consistent with State law, the ordinance would go into effect 90 days after unanimously being adopted by the City Council. Assistant to the City Administrator Crane stated staff recommends the City Council hold the public hearing for the second reading of Ordinance 772, noting it requires a roll. call vote, and the vote must be unanimous in order for the ordinance to pass. If the City Council accepts the Ordinance unanimously, then only a summary of the Ordinance will be published in accordance with the City Charter. She noted a revision to the ordinance summary to revise the date and that the Charter Commission Chair is in attendance. Mayor Marty noted that Councilmember Gunn is not in attendance but may be returning later in the meeting. He stated this item will have to be tabled until a full Council is present. Mayor Marty closed the public hearing at 8:05 p.m. Mayor Marty noted this ordinance is in the same format as first reading. MOTION/SECOND: THOMAS/FLAHERTY. To table consideration of Ordinance 772, An Ordinance Amending Chapter 7 of the Mounds View City Charter, until a full Council is present. Ayes - 4 Nays - 0 .Motion carried. • B. 7:10 p.m. Public Hearing Mounds View City Council May 22, 2006 Regular Meeting Page 7 (1) Resolution 6804, Final Plat and Wetland Alteration Permit Approval for the SYSCO Second Addition Major Subdivision. Mayor Marty opened the public hearings on Resolution 6804, Ordinances 761, 762, and 763 at 8:08 p.m. Community Development Director Ericson stated this is consideration of the final plat for SYSCO. He explained there is also a wetland alteration permit and three ordinances to dispose of the three acres of land to SYSCO, rezone that three acres, and vacate a small easement area formerly identified as wetland. He apologized that the staff report indicates a Comprehensive Plan amendment, which is not the case since that amendment was authorized last year. Director Ericson explained that during consideration of the preliminary plat action, it showed two lots. One of the Council directions to SYSCO and their representatives was to talk to Ramsey County about vacating the former Long Lake Road right-of--way that split their property. The plat was put on hold pending that request and Ramsey County did authorize a turn back of that land. Mounds View vacated that right-of--way land by ordinance. Director Ericson distributed a revised map and described each of the lots and Outlot B, which is five acres of land that no longer reflects the public use deed restriction present on Outlot A, and reflects the easements for trails, billboards, and access rights for Medtronic and Clear Channel. Staff recommends approval of the final plat because everything is in order. • Director Ericson stated the resolution also considers a wetland alteration permit and language that addresses impacts to the 1.83 acres of wetland related to the relocation of the driveway. The project mitigates 3.73 acres and the map identifies what is filled, what is new wetland, and what is buffer. Because the resolution does not reflect wetland alteration permit approval, he recommended the following addition to the draft resolution: "NOW THEREFORE BE IT FINALLY RESOLVED, that the Mounds View City Council does hereby approve a Wetland Alteration Replacement Permit to impact 1.83 acres of wetland with mitigation totaling 3.73 acres subject to Rice Creek Watershed District and MPCA approval." Director Ericson explained the three acres taken from Outlot A is zoned Light Industrial and the desire is that it have the same zoning as SYSCO, which is PUD. There are no issues associated with the first reading of that ordinance but given the amount of time since the public hearing, notice was again posted. He advised that one resident on the south side of Highway 10 called to ask what the impact is to her, which is none. In addition, Mn/DOT was notified. Director Ericson explained the second ordinance vacates the easement area, as identified on Exhibit A, that will be filled with the driveway and parking area. That area needs to be vacated through the second reading of the ordinance. • Director Ericson stated the third ordinance would transfer the land to SYSCO, which requires an ordinance. He summarized the four actions before the Council to approve the final plat and Mounds View City Council May 22, 2006 Regular Meeting Page 8 • wetland alteration permit, an ordinance to rezone the three acre parcel, an ordinance to transfer the three acres of land to SYSCO, and an ordinance to vacate the excess easement. Director Ericson stated staff recommends approval of the final plat and adoption of the ordinances on second reading. Economic Development Coordinator Backman noted Page 4 of the report talks about rezoning and clarified it is actually 3 acres, not 3.5 acres. Director Ericson stated that is correct. Director Ericson stated the Council consensus is to not require a park dedication fee since the building itself is not expanded and there is not an impact to the park system. Mayor Marry closed the public hearing at 8:19 p.m. MOTION/SECOND: FLAHERTY/THOMAS. To waive the reading and adopt Resolution 6804, A Resolution Approving Final Plat and Wetland Alteration Permit Approval for the SYSCO Second Addition Major Subdivision. Councilmember Stigney stated he does not support this action or the following three ordinances. He stated he does not think the City should use TIF for this project. He noted that SYSCO was built, received TIF, and now wishes to expand their parking lot and driveway and he believes SYSCO should do it on own "dime." Councilmember Stigney pointed out that the driveway will require cutting down a lot of trees, wetland alteration permits, and he does not view that should • be done in Mounds View. Mayor Marry asked about the permit narrative. Director Ericson stated it was prepared by RLK. Mayor Marty noted the description of the project location and asked if it is still reflected as township boundaries. Director Ericson explained that is the legal description. Mayor Marty stated with this project, SYSCO will add four to six tractors and trailers per year to accommodate future growth and maximize space. SYSCO also has plans to add 20 employees per year to accommodate future growth, which will maximize staff space after two years. Mayor Marty asked whether SYSCO will outgrow this site in a few years. Phil Seipp, representing SYSCO, stated they do not anticipate outgrowing this site. He explained that SYSCO is in the process of developing redistribution centers around the country and theirs will probably open in 2008 or 2009, which will change in many ways how they do business. He stated this site will last them for quite a while. Mayor Marty stated this was looked into extensively because of the trees and this location is preferable because the trees to be impacted are mostly willows and cottonwoods that will grow back relatively quickly. He agreed that some trees will be lost but that has been looked into to assure the project is saving the good trees. • Mayor Marty stated with the mitigation area, monitoring for the wetland replacement area- will occur in accordance with the Wetland Conservation Act for five years to assure the success of the Mounds View City Council May 22, 2006 Regular Meeting Page 9 • wetland. Mayor Marty read the requirements for that inspection and stated he is encouraged to see it will be monitored so closely. Councilmember Thomas stated that sometimes she agrees with Councilmember Stigney on TIF use and sometimes she does not. She stated this project is needed because of the company's growth and these are small alterations to a very good neighbor of Mounds View that allows the entire company to stay and expand in Mounds View. She stated she enjoys having SYSCO in Mounds View and believes they have been a good partner. Mayor Marty stated his agreement, noting SYSCO has paid off their entire TIF note and the City considering assisting them with $300,000, which is significant to SYSCO. He noted that last year, the City assisted amulti-billion dollar company with $22.9 million in TIF. He stated SYSCO is a good neighbor and business that is growing in Mounds View and helping them out in this respect is totally justifiable. Councilmember Stigney stated the willows and cottonwood trees are good for wetlands and the site is being altered to put in a driveway. Another concern is that SYSCO may have to further impact the wetland and mitigate off site. Councilmember Stigney stated he believes SYSCO can afford to pay the $300,000 for this project and if not, maybe they should not be in business. He noted that SYSCO is receiving money from two billboards and stated he cannot justify TIF for this project. • Ayes - 3 Nays - 1 (Stigney) Motion carried. (2) Public Hearing, Second Reading and Adoption of Ordinance 761, an Ordinance Rezoning Three Acres of Land Associated with the SYSCO Project (ROLL CALL VOTE) MOTION/SECOND: THOMAS/MARTY. To waive the second reading and adopt Ordinance 761, An Ordinance Rezoning Three Acres of Land Associated with the SYSCO Project. ROLL CALL VOTE: Councilmember Gunn Councilmember Stigney Councilmember Flaherty Councilmember Thomas Mayor Marty Ayes Absent No Aye Aye Aye 3 Nays - 1 Motion carried. (3) Public Hearing, Second Reading and Adoption of Ordinance 762, an Ordinance Authorizing the Transfer of Three Acres of Land to SYSCO (ROLL CALL VOTE) MOTION/SECOND: FLAHERTY/THOMAS. To waive the second reading and adopt Mounds View City Council May 22, 2006 Regular Meeting Page 10 • Ordinance 762, An Ordinance Authorizing the Transfer of Three Acres of Land to SYSCO. ROLL CALL VOTE: Councilmember Gunn Councilmember Stigney Councilmember Flaherty Councilmember Thomas Mayor Marty Ayes Absent Nay Aye Aye Aye 3 Nays - 1 (Stigney) Motion carried. (4) Public Hearing, Second Reading and Adoption of Ordinance 763, an Ordinance Authorizing the Vacation of Excess Easements Associated with the SYSCO Development (ROLL CALL VOTE) • MOTION/SECOND: MARTY/FLAHERTY. To waive the second reading and adopt Ordinance 763, An Ordinance Authorizing the Vacation of Excess Easements Associated with the SYSCO Development. ROLL CALL VOTE: Councilmember Gunn Absent Councilmember Stigney Nay Councilmember Flaherty Aye Councilmember Thomas Aye Mayor Marty Aye Ayes - 3 Nays - 1 (Stigney) Motion carried. C. 7:15 p.m. Public Hearing (1) Resolution 6814, Consideration of a Transfer of an On-Sale Intoxicating Liquor Business License from Mounds View Jakes, Inc. to Moe's located at 2400 Highway 10 in Mounds View. (2) Resolution 6820, Resolution Approving a Restaurant and Tobacco License for Moe's. C7 Mayor Marty opened the public hearing at 8:33 p.m. Assistant to the City Administrator Crane explained that Section 502.08 of the City Code requires that a public hearing be held prior to any intoxicating liquor license being issued. The City of Mounds View issued an on-sale intoxicating liquor license for Jake's Sports Cafe on June 27, 2005. Jake's Sports Cafe will close after the Memorial Day holiday and will open as Moe's in mid-June. She advised that JVM Investments, Inc.'s owner, Jeffrey Moritko has submitted the City liquor license application materials (to include the application to stay open until 2 a.m. per Ordinance 717), and the applicable fees. Mounds View City Council May 22, 2006 Regular Meeting Page 11 . Assistant to the City Administrator Crane advised that the report has not come back from the Minnesota Department of Criminal Apprehension for Jeffrey Moritko, owner of JVM Investments, Inc. The Intoxicating liquor license will be pending a satisfactory report from this agency, which should arrive within a week. Assistant to the City Administrator Crane reported that Jake's Sports Cafe does owe the City of Mounds View $6,770.64. This bill is not due until May 31, 2006, and this transfer of liquor license will not be processed unless this payment is made in full. Jake's Sports Cafe recently had a water leak, which caused the large amount owed on the utility bill. Assistant to the City Administrator Crane stated the City's Fire Marshal has inspected the location currently called Jake's Sports Cafe and issued a satisfactory report. However, the establishment will be re-inspected when the transfer of building ownership is finalized at the end of May. Assistant to the City Administrator Crane advised that staff recommends approval transfer of ownership from Jake's Sports Cafe to JVM Investments, Inc.., pending the payment of the utility bill and a satisfactory report from the Minnesota Department of Criminal Apprehension. The establishment will have another fire inspection when the building ownership is f nalized. Assistant to the City Administrator Crane explained that Mr. Moritko will be changing the name of the establishment to Moe's. Mr. Moritko also owns a restaurant business called Mayslack's • located in Minneapolis. Assistant to the City Administrator Crane stated staff recommends that the City Council approve the Tobacco and Restaurant License pending the re-inspection of the establishment when the transfer of ownership is finalized at the end of this month. Darrell McConnell, General Manager of Moe's, stated they are excited to be part of the community and advised that he had received assurances that the water bill will be paid this week. He stated they plan to provide a great neighborhood restaurant for the community and with their menu, he thinks they can. Councilmember Flaherty asked about the remodeling work. Mr. McConnell stated they want to brighten the indoor area, create a patio, remodel the bathrooms, and install different lighting options to make it more inviting. Councilmember Flaherty asked about exterior improvements. Mr. McConnell stated the roof will remain and they will add landscaping, a water feature along the side of the deck, and a nicer appearance to draw in customers. Mayor Marty closed the public hearing at 8:38 p.m. MOTION/SECOND: THOMAS/STIGNEY. To waive the reading and adopt Resolution 6814, A Resolution in Consideration of a Transfer of an On-Sale Intoxicating Liquor Business License Mounds View City Council May 22, 2006 Regular Meeting Page 12 • from Mounds View Jakes, Inc. to Moe's located at 2400 Highway 10 in Mounds View. Mayor Marty stated the Jacob brothers have been good neighbors and business in Mounds View. Ayes - 4 Nays - 0 Motion carried. MOTION/SECOND: MARTY/THOMAS. To waive the reading and adopt Resolution 6820, A Resolution Approving a Restaurant and Tobacco License for Moe's. Ayes - 4 Nays - 0 Motion carried. D. Resolution 6821 Approving Police Detective Larry Siluk's Severance Package. Assistant to the City Administrator Crane reviewed that Larry Siluk retired from the Mounds View Police Department effective April 30, 2006. She referenced Resolution 6821, which authorizes severance payment to Larry Siluk. These payments are in accordance with the Mounds View Personnel manual and the LELS Police Officers Labor Agreement. Assistant to the City Administrator Crane explained that Resolution 6821 provides a cash payout for Larry Siluk's vacation time of $1,100.43. This is calculated as 34.26 accrued vacation hours times his hourly rate of $32.12. It also provides for a cash payout of Larry Siluk's sick time. In • accordance with the LELS Police Officers Labor Contract, is eligible to contribute 65% of his accumulated and banked sick leave for contribution to the employee Retirement Health Savings plan. This is calculated as 1,370.50 accrued/banked sick hours times 65% times his hourly rate of $32.12. This comes to $28,613.46 to be contributed to the Retirement Health Savings plan. Assistant to the City Administrator Crane stated staff recommends severance payment and contribution to the Retirement Health Savings Plan for Larry Siluk in accordance with the City's Personnel Manual and LELS Police Officers Labor Agreement. City Administrator Ulrich stated he had talked to Councilmember Stigney earlier today about whether there was a limit on sick leave. He explained there was language in the 2003 contract saying the employee would receive 65% of all accumulated and banked sick leave. The 2004- 2005 contract grandfathers in 960 hours so tenured employees were grandfathered in. He explained that including Mr. Siluk there are five employees in the Police Department that are allowed to get 65% of their accumulated and banked sick leave and contribute it to their retirement plan without a cap. Others are taped at 960 hours, which limits the City's liability. Mayor Marty asked if they would lose their grandfather status if they fall below the cap. City Administrator Ulrich stated they would not. MOTION/SECOND: THOMAS/MARTY. To waive the reading and adopt Resolution 6821, A • Resolution Approving Police Detective Larry Siluk's Severance Package. Mounds View City Council May 22, 2006 Regular Meeting Page 13 Councilmember Stigney stated he had talked with the City Administrator today who clarified the questions he had. He stated it is unfortunate to have to make this kind of payout but that was corrected in the contract. Councilmember Stigney commented on the importance to assure the language in contracts and noted this issue has been corrected going forward. Ayes - 4 Nays - 0 Motion carried. E. Resolution 6822 A Resolution Approving the use of -the Automark Ballot Marking Device for Mounds View Municipal Elections. Assistant to the City Administrator Crane explained that Congress enacted the Help America Vote Act (HAVA) in 2002 to ensure that the voting method utilized in every polling place includes. a ballot marking device that is accessible for individuals with disabilities. This provides them the ability to vote privately and independently. The Ramsey County Board of Commissioners has adopted the local equipment plan to acquire and operate a ballot marking device that is accessible to persons with disabilities. Assistant to the City Administrator Crane reported that Ramsey County recently received a grant in the amount of $1,256,572 to acquire and operate such a ballot marking device. The City of Mounds View will be receiving five such marking devices from Ramsey County. One for each Precinct and one for absentee voting. Staff has done the initial testing of the equipment, and all five machines passed. Assistant to the City Administrator Crane explained that the Minnesota i Secretary of State's Office has certified the Automark ballot marking device be used for the State. In addition, the Ramsey County Auditor has also authorized the Automark ballot device in all elections in Ramsey County. Assistant to the City Administrator Crane advised that the operation and maintenance of the Automark ballot marking device will be conducted in the same manner as the voting systems in the joint powers agreement between the City and Ramsey County dated Apri124, 2001. The City is required to pass a resolution authorizing the use of this equipment. This resolution will then be forwarded to the Ramsey County Auditor for their record. Assistant to the City Administrator Crane stated staff recommends approval of Resolution 6822. It is the intention of Staff, to display this equipment and have information about this equipment at least 60 days prior to the State Primary. Public demonstrations will also happen at least six weeks prior to the State Primary, which will be on September 12, 2006. Mayor Marty stated his support for this plan, noting it will allow everyone to vote in private. MOTION/SECOND: THOMAS/STIGNEY. To waive the reading and adopt Resolution 6822, A Resolution Approving the use of the Automark Ballot Marking Device for Mounds View Municipal Elections. Ayes - 4 Nays - 0 Motion carried. Mounds View City Council May 22, 2006 Regular Meeting Page 14 • F. Resolution 6823 Authorizing the Preparation of a Feasibility Report and Consultant Selection for the 2007-2008 Street and Utility Improvement Project Director of Public Works Lee reviewed that at the last work session, staff presented results from the survey asking if residents would support a street and utility improvement program. It was sent to six neighbor project areas. The purpose of the survey was to afford property owners to be heard prior to the City Council selecting three areas for a feasibility report. The City received 218 surveys out of 687 properties, or a 31% response rate. Based on the low response rate, the City Council had indicated it was not comfortable moving forward to select the three project areas and wanted to afford residents to be heard. So a second survey was sent out on May 3 with a deadline of May 16. The City received an additional 97 responses or a 46% response rate. Director of Public Works Lee stated a summary of the survey results has been provided in the staff report. Public Works Director Lee described the boundaries for each of Project Areas A-F and advised staff recommends that Project Areas D and F not be considered for a feasibility report. Staff recommends the Council consider Project Areas A, B, C and E. Staff also recommends if selecting Project Areas B or E, that they be selected together because both are in the northwest area of the City where there are traffic pattern issues that need to be studied as part of the feasibility report. Also, the City would have a probability of getting more favorable bids. Public Works Director Lee presented the following options: • Option 1: Project Areas A, B, and E Option 2: Project Areas C, B, and E Option 3: Other combinations. Public Works Director Lee presented the schedule for the 2007-2008 Street and Utility Improvement Project indicates that the draft feasibility report will be completed in November 2006, the public hearing on December 11, 2006, and construction starting in July 2007. He explained that authorizing a feasibility report at this time will allow staff to conduct a neighborhood meeting in early June with impacted property owners and allow the project to proceed under the current schedule. Mayor Marty stated his concern with coupling in Option 1 and pointed out that Project Area A is in the northern section of town, which is the area that needs the sound wall. He stated if construction is started on a sound wall, there will be the same concerns in the 2004 and 2005 street reconstruction project about trucks and equipment coming in and using the new street. He explained that because water lines are being installed under Highway 10, he was thinking about Option 2 with Project Areas C, B, and E. He stated this is his eighth year on the Council and during that time there has only been one project completed so he thinks it is time to move forward with a project. Mayor Marty noted that everyone will not be happy but this can no longer be put off. He stated during the EDA meeting and TIF discussion, it was mentioned there • was a window of opportunity to use some of the TIF pool on infrastructure. Mounds View City Council May 22, 2006 Regular Meeting Page 15 . Councilmember Thomas stated she agrees and likes Option 2, noting that in the second survey the opposition numbers go down and the support goes up for Project Areas B and E. She commented on the need to activate the community and noted that maybe starting a road project will help to do that. Councilmember Thomas thanked staff for sending out the second survey to determine trends and areas of support. She stated her support to move forward with Option 2 since the numbers of support are not present for Project Areas contained in Option 1. Councilmember Stigney noted the majority are opposed in Project Areas A, B, D, and F and in Area E there is only support by five votes. He stated if the Council is going to act against the survey results, they should stop doing surveys. Councilmember Stigney stated if something is approved, he would support Project Areas A, B, and E (Option 1). Public Works Director Lee explained there will be an economy of scale to centrally locate the project but if Project Areas A, B, and E are approved, it may not make that much difference. He recommended keeping Project Areas B and E together since they are joined and share traffic issues. Councilmember Stigney reviewed the numbers in support and opposition of the Project Areas and again stated if you listen to the people, only one area supports a road project and there have been two opportunities to vote on this issue. Councilmember Thomas stated she didn't ask them to vote, but to state their opinion and she • took that into consideration. Councilmember Flaherty stated the survey .results are disheartening since the project is long overdue and the streets are crumbling, as is his own road. He stated he looks at what the residents are saying and Councilmember Stigney is correct that only one area supports it. However, he thinks this is something that has to be done, noting it will improve home values when the streets are improved. Councilmember Flaherty stated he supports moving forward with Project Areas A, B, and E (Option 1}. Mayor Marty stated he could also support Project Areas A, B, and E (Option 1). Councilmember Stigney asked staff's preference. Public Works Director Lee stated his opinion would be to move forward with Project Areas A, B, and E (Option 1). He noted that there are two segments in Project Area A on Sherwood Road that are actually in better condition than the rest of Project Area A. Those two segments could be dropped if the property owners agree to not be included, which would greatly increase resident support for Project Area A. Public Works Director Lee stated the next step would be to hold a neighborhood meeting with the three Project Areas and consider their input in the project. Councilmember Thomas asked what would be the impact on the project if there is further • development in the LaPort Meadows area. She also asked how it would impact the project if that section of Sherwood Road is removed from the project. Public Works Director Lee stated those Mounds View City Council May 22, 2006 Regular Meeting Page 16 • two segments could be added at any time. Councilmember Thomas stated her support to leave the segments out at this time since they may become haul routes should LaPort Meadows develop. Mayor Marty stated people who live on that section of Sherwood Road will also see the new roads around them. He stated Areas O and I, as they see what is happening on Red Oak, may be willing to support having their street project move forward. Counciimember Thomas asked what will be the scope of the feasibility report presented to the public. Public Works Director Lee stated the purpose of the next neighborhood meeting will be to present options with mailboxes, parking, and lighting that they may be concerned about. Those issues will be identified so they can be addressed in the feasibility report. Mayor Marry stated the infrastructure (sewer and water) also needs to be fixed so something more than a mill and overlay is needed. Public Works Director Lee agreed a mill and overlay is not an option for these areas and the intent is an infrastructure improvement program including water, sewer, and improving water quality in addition to the streets. MOTION/SECOND: THOMAS/MARTY. To waive the reading and adopt Resolution 6823, A Resolution Authorizing the Preparation of a Feasibility Report and Consultant Selection for the 2007-2008 Street and Utility Improvement Project including Area A as amended to remove two sections of Sherwood Road,-Area B, and Area E. • A es - 4 Na s - 0 Motion carried. Y Y G. Resolution 6824 Authorization to Hire Don Burda to the Position of Full- Time Temporary Building Inspector Community Development Director Ericson stated last year the City Council authorized advertisement for afull-time Building Inspector to handle the workload of Medtronic and other projects. The position was offered to an individual who worked for three months and then found employment closer to home. That left Mounds View in a difficult position so staff looked at options to fill the position including a contract inspector, re-advertising the position, or looking at candidates who had already been interviewed. Since it had only been a three month period of time, staff talked to the candidate interviewed the last time. A cost benefit analysis determined this was a more cost effective and expeditious approach. Director Ericson stated staff is asking for Council authorization to hire Don Burda who was the number two applicant in January. Councilmember Thomas stated her concern is the change in what is being expected. She asked whether part-time administrative help will continue to be needed. Director Ericson stated that was always a possibility depending on how it goes this summer and if there is the need for additional administrative assistance. He explained that Mr. Burda would be on staff full time and able to offer assistance, which would not be the case if this position was contracted out. • Mayor Marty stated his agreement with the staff recommendation and indicated he feels it is Mounds View City Council May 22, 2006 Regular Meeting Page 17 • fortunate that the number two candidate is still available. He noted the Medtronic project is moving along and the Building Official needs assistance. MOTION/SECOND: FLAHERTY/THOMAS. To waive the reading and adopt Resolution 6824, A Resolution of Authorization to Hire Don Burda to the Position of Full-Time Temporary Building Inspector. Ayes - 4 Nays - 0 Motion carried. H. Resolution 6811 Authorization to purchase Window Treatments for Renovated City Hall Planning Associate Heller stated she is requesting authorization to purchase new window treatments for the rehabilitated City Hall. She reviewed the three bids obtained, noting Abbey Carpet is the low bid. She explained that additional funds are being requested because there are other areas, like a room in the Police Department and the front area, that need a window shade. MOTION/SECOND: MARTY/THOMAS. To waive the reading and adopt Resolution 6811, A Resolution of Authorization to purchase Window Treatments for Renovated City Hall. Councilmember Stigney noted there is only $3.25 between the low and second low bidder and . now staff is requesting an additional $2,000 as a cushion. He suggested that a bid be obtained • from the two lowest bidders to get a price on the additional shades instead of just blanketing it to the low bidder. Associate Planner Heller stated that staff could call them to request that information. City Administrator Ulrich stated staff would use the unit bid that was included in the low bid. He recommended the base bid be considered tonight and a second bid be submitted on the additional shades. Councilmember Stigney asked what is the unit bid amounts. Associated Planner Heller stated she does not have that information on the new window shades. Councilmember Stigney stated he would support tabling this consideration until the bids on the new shades can be presented. Councilmember Thomas indicated support to move forward with the initial bid and noted the cost for the remaining blinds would be under the amount requiring the City to obtain bids. She suggested obtaining bids on the additional shades that are needed, noting there is a desire for a matching product that may be a benefit to the low bidder. However, she does not want to delay this action because there are significant issues. Councilmember Stigney noted if this is approved, the company getting the bid will be able to provide a better unit price on the additional blinds since they are coming out anyway to install the blinds from the initial bid. The second low bidder will not be able to consider that economy of • scale since they are not out here for the initial bid. Mounds View City Council May 22, 2006 Regular Meeting Page 18 • Councilmember Flaherty asked how quickly the second bid could be obtained. Associate Planner Heller stated they could come out to measure this week and may need a week to contact the vendor and obtain the price. She advised that Hunter Douglas prices are being increased on June 1St for every store. She explained that because of the quantity, the City is receiving contract pricing. Councilmember Stigney stated the vendors may not have to come out to the City Hall since they have already been here. Associate Planner Heller stated she could do the window measurements. Mayor Marty noted this is the last meeting in May and the prices go up June 1st Councilmember Stigney suggested the Council authorize staff to take the measurements and get pricing. Mayor Marty noted the low bidder is a local business and he would like to support that low bid, noting they have provided the City with good products and workmanship without reproach. Councilmember Thomas stated again that she is not comfortable with a delay and if staff thinks they can get the additional shades for less than $2,000 and will assure the unit cost, she supports moving ahead. Councilmember Gunn returned to the meeting at 9:24 p.m. • Councilmember Flaherty stated his support to allow staff to call both low bidders and then move forward with the low bid. Mayor Marty and Councilmember Thomas accepted a FRIENDLY AMENDMENT to the motion to authorize staff to contact the two low bidders to obtain prices on the additional shades. Ayes - 4 Nays - 0 Abstain - 1 (Gunn) Motion carried. I. Resolution 6825 Approving Change Orders No. 20 through 26 for the City Hall Rehabilitation Project Public Works Director Lee explained the total amount of all change orders has been reduced from the amount given in the March 13, 2006 report of $94,751 to $93,570, and staff recommends they be approved. Mayor Marty noted the original estimate was $1.6 million and is now at $1.53 million. The Council is deleting item 21, along with other reductions so the project cost is now $1.48 million. He commended staff for these reductions and read a summary for the final estimate. Public Works Director Lee advised there may be some additional minor change orders. Mayor Marty asked about power assist handicap doors. Public Works Director Lee stated staff is researching options to add that feature into the project and will return with the results of that Mounds View City Council May 22, 2006 Regular Meeting Page 19 • research. Mayor Marry stated that would be a nice feature and he was not aware that it was not included. Mayor Marty questioned the layout of the brick foyer and asked how it got approved. He explained that all the bricks on one side are straight up and down until the foyer and then the bricks are all staggered. He stated with the white grout it stands out as being different. Public Works Director Lee stated he can ask the architect why they went with a different brick pattern. Mayor Marty stated it appears to him to be piecemeal. Councilmember Thomas stated the power assist doors are a necessity on a public building. Councilmember Gunn asked if the doors are timed to lock at a specific time. Public Works Director Lee answered in the affirmative. Councilmember Gunn advised that tonight the door was locked when she returned. Public Works Director Lee stated the timing will be adjusted for meeting nights. Councilmember Stigney suggested staff ask the architect if they specified thicker grout for the entrance area of the building. He also asked why the cable to the podium is not under the carpet. City Administrator Ulrich stated that is how it was designed to work with a portable podium for the public meetings, noting the podium is removed for other types of meetings. Councilmember Stigney suggested a floor outlet would have provided the connection without being something that could be tripped over. He stated it seems to him to be a poor plan. He noted project will • increase in cost to $1,493,373 once the window blinds are added. Councilmember Stigney suggested the City ask why the podium microphone cord was not replaced as it was originally instead of creating a safety hazard that someone can trip over. Councilmember Stigney asked about the Public Works gate issue. Public Works Director Lee explained that it was overlooked and not included in the original bid so there is not much recourse. He noted the cost to include the gate did not add much more than if it had been originally included. Councilmember Stigney stated the architect made a lot of money on this project and maybe they should absorb the cost for these corrections. Councilmember Gunn noted that City staff was overseeing this project. Councilmember Stigney stated it is different because the architect is being paid to assure the project and if they make an oversight then they should cover the cost to correct it. City Administrator Ulrich stated staff will look into those issues. He commended staff for staying on top of this project and keeping it in line to assure it meets budget with the original estimate, noting the project is below the budget at this point. Mayor Marty referenced one change order relating to the fire system, noting the panel was reused so a credit will be forthcoming. He agreed that staff has done a great job to catch items like this that has resulted in this project staying within the budget. • MOTION/SECOND: THOMAS/GUNK. To waive the reading and adopt Resolution 6825, A Mounds View City Council May 22, 2006 Regular Meeting Page 20 • Resolution Approving Change Orders No. 20 through 26 for the City Hall Rehabilitation Project. Ayes - 4. Nays - 1 (Stigney) Motion carried. J. Resolution 6829 Resolution in Support of Local Cable and Video Provider Franchising City Administrator Ulrich introduced Coralee Wilson, Chief Administrator for the North Suburban Cable Commission (NSCC). Ms. Wilson reported there have been numerous attempts to revise the telecommunication laws at the federal level in light of new technologies and business models. She stated all want more competition to the existing cable company to keep prices low and enhance customer service. Ms. Wilson noted that as companies come in, they provide advanced telecommunication services to serve residents and businesses and a good economic tool. Unfortunately, large national companies have decided the rules are not appropriate for them and they don't want to abide by the rules and come to local governments to get franchises to provide video services because it is too time consuming. However, in the last two years if they had spent as much time and money on complying with the process as to get out of it, they would have most of the franchises at this point. Ms. Wilson advised there are now two legislative bills, one of which got to the floor of the House • to allow companies to come in with very little ability by the community to manage or control the manner in which they do that. She reported that HR 5252 was introduced in the House in March, has been through both subcommittee and committee votes; and if voted on today, it would pass. Also, Senator Stevens introduced a bill and it will likely go to markup after June 5, 2006. Ms. Wilson stated she had handed out a summary on bill S 2686, which is worse than the House bill and creates a national franchise through the FCC. The Senate bill creates a local franchise through a form created by the FCC. In both bills there is 30 days to approve a franchise, which does not provide the City enough time to study whether they have sufficient financial backing. Ms. Wilson noted the current franchise law gives the City enough time to assure the company is capable of managing a cable system. In addition, both bills limit public access to 1 % of gross revenue, which will limit them to about $218,000. Their current budget is over $1 million so with a reduction to $218,000 there would be severe cut backs in the ability for CTV to serve the community. She stated she has heard from legislators that the City should give up some of their 5% franchise fee to support public access but that is a rental fee to use the public right-of--way. She stated her opinion that the franchise company should compensate the City because they are using public property (rights-of--way). Ms. Wilson explained the PEG fee is a programming fee and should pay for locally produced programming as well. Ms. Wilson advised that with these bills, the City would lose control of its public rights-of--way. The bill says the City will retain that control but if the national franchise does not like the City's • rules and regulations, they can appeal to the FCC, not a court, requiring the City to send their attorney to Washington, D.C. or hire an attorney from there. Under the Senate bill, if the City Mounds View City Council May 22, 2006 Regular Meeting ,Page 21 • loses the case and the FCC thinks the City has abused its authority, the FCC can order the City to pay the legal fees of the license holder and costs associated with the appeal. This will inhibit the ability for the City to protect and enforce its rights-of--way. Ms. Wilson stated these bills will allow national franchise companies to come into the City and take over the area. They also do not have to serve all of Mounds View and can select the most lucrative areas to provide service. Currently, the cable company is required to serve the entire community within a reasonable amount of time, considering the density threshold. Ms. Wilson stated that Representative Ramstad said he is not interested in inserting the requirement to serve the entire community. She explained that under the Senate bill, once a company applies for a national franchise to serve Mounds View, Comcast can get out of its existing franchise and there is nothing to prohibit them from increasing their prices where there is no competition and vice versa. Ms. Wilson stated another concern is that due to the short period of time to approve the application at the FCC or local level, the bill allows Qwest and Verizon to get into the business. She noted there can be unscrupulous people making application with no intention of building the system or building it out completely, so it creates an opportunity for speculation using the City's public rights-of--way as the lure. Ms. Wilson advised the Senate bill includes a definition of gross revenues, which will drastically • cut back what the City is receiving. However, the gross revenue definition contained in the House bill is not as bad as the Senate bill. Ms. Wilson stated the resolution before the Council addresses both pieces of legislation. She encouraged the Council to contact members of the Minnesota Delegation because the only way to slow down the bills or stop them is if all stand and speak together. Ms. Wilson stated the information she provided has been prepared by a local coalition of government associations and based on the Senate bill, which is similar to the House bill. Councilmember Stigney asked how the Minnesota Senators stand on this issue. Ms. Wilson stated they have been talking with them but not been able to get a sense in how they will vote. She stated they will be meeting with Senator Coleman in the next few weeks and Senator Ramstad has not yet been brief on this bill. Ms. Wilson stated the League of Minnesota Cities is working on this issue and the City needs to do the same. Mayor Marty asked how long she has known about the bills. Ms. Wilson stated the House bill came up in mid-March and the first draft of the House bill was out in September of last year. Councilmember Flaherty asked who introduced the bill. Ms. Wilson stated it was Joe Barton, the Senator from Texas who is the Chair of the House Conference Committee. • Ms. Wilson explained they have been working with staff from the inside to try and get the needed language. In mid-March they saw the House bill and had hoped the Senate bill would be better, Mounds View City Council May 22, 2006 Regular Meeting Page 22 • but instead it is worse. She advised the bills are being introduced quickly and an attempt has been made to fast track the bills. Councilmember Thomas asked if she is aware of plans for amendments during the markup. Ms. Wilson stated on the Senate side there are a number of amendments. She advised that Senator Stevens said during the initial hearing on May 18 that he realized the bill was a little tough on cities and they would "go back to the drawing board" and have a new bill after Memorial Day. The House bill has been through markup and she is aware of only one amendment to protect funding for public access.. Ms. Wilson stated they are waiting for an indication from the Rules Committee if they wiIl permit any amendments from the floor. Mayor Marty stated that he favors the resolution and while he favors competition, believes that all have to "play" by the same rules. He stated he is not happy with these bills; noting the City would lose control over its rights-of--way. He stated the City has aired all meetings and work sessions to get information out. Mayor Marty stated CTV is a nonprofit organization and operates with no "bells or whistles" but turns out quality work. Ms. Wilson stated she wanted to attend the meeting tonight because she knows people watch Council meetings and it is important for the public to know about these issues. Mayor Marty agreed it is important for people to know what is happening in Washington, D.C. MOTION/SECOND: MARTY/FLAHERTY. To waive the reading and adopt Resolution 6829, • A Resolution in Support of Local Cabie and Video Provider Franchising. Ayes - 5 Nays - 0 Motion carried. WAIVE THE RULES OF ADJOURNMENT MOTION/SECOND: THOMAS/GIINN. To waive the rules and extend the meeting until the agenda is completed. Ayes - 5 Nays - 0 Motion carried. K. Resolution 6828 Authorizing the purchase of a replacement civil defense siren Police Chief Sommer explained one of the City's three civil defense sirens went out. There was an issue with this siren last year and it was repaired but now it is no longer functioning. The siren is over 20 years old and no longer available. Police Chief Sommer stated .this was not included in the budget so the purchase will be from the Special Projects Fund. Because it is important public safety equipment, he advised that he has ordered the siren from RT Electric, Inc. The siren is federal warning system Model 2001, has a battery backup, and can cover a 5,400 foot radius. • Councilmember Stigney asked if grant funds are available. Police Chief Sommers stated he is Mounds View City Council May 22, 2006 Regular Meeting Page 23 C7 • not aware of any grants. Councilmember Thomas asked when it will be available. Police Chief Sommers stated it should be available in two weeks and will be installed immediately. Councilmember Flaherty asked if there are grants to install now but be paid back later. Police Chief Sommers stated he is not aware of grants to cover standard equipment such as this. Councilmember Gunn questioned the two estimates, noting the General Signals bid includes the removal of the existing siren, which is not mentioned in the RT Electric bid. She also asked about the radio control feature. Police Chief Sommer explained that RT Electric did remove the siren. He explained the radio control is a separate item that signals the siren. MOTION/SECOND: THOMAS/GUNN. To waive the reading and adopt Resolution 6828, A Resolution Authorizing the purchase of a replacement civil defense siren. Mayor Marty asked about the other sirens. Police Chief Sommer stated one is the same model and the other was purchased in 1986. He advised the sirens are tested regularly and he receives those reports. He stated the sirens will be included in the CIP so there is a replacement schedule. Ayes - 5 Nays - 0 Motion carried. 7. COUNCIL BUSINESS -continued A. 7:05 p.m. Public Hearing for the Second Reading and Adoption of Ordinance 772, an Ordinance Amending Chapter 7 of the Mounds View City Charter. (ROLL CALL VOTE) It was noted that the public hearing was held earlier in the meeting and this item had been tabled until a full Council was in attendance. MOTION/SECOND: THOMAS/FLAHERTY. To waive the reading and adopt Ordinance 772, An Ordinance Amending Chapter 7 of the Mounds View City Charter. ROLL CALL VOTE: Councilmember Marty Aye Councilmember Stigney Aye Councilmember Gunn Aye Councilmember Flaherty Aye Councilmember Thomas Aye Mayor Marty Aye Ayes -S Nays = 0 Motion carried. . 8. CONSENT AGENDA Mounds View City Council May 22, 2006 Regular Meeting Page 24 • A. Resolution 6815 Amending Resolution 6694 Relating to Plan review Services Associated with the Medtronic Development B. Licenses for Approval C. Set a Public Hearing for 7:05 p.m., Monday, June 12, 2006, to Consider a Conditional Use Permit for an Oversize Garage at 8283 Knollwood Drive. D. Set a Public Hearing for 7:10 p.m., Monday, June 12, 2006, to Consider a Conditional Use Permit for an Oversize Garage at 5308 St. Stephen Street. G. Set a Public Hearing for 7:15 p.m., Monday, June 12, 2006, to Consider Resolution 6830, an Off Sale Intoxicating Liquor License Renewal for ABC Liquor located at 2840 Highway 10. H. Set a Public Hearing for 7:20 p.m., Monday, June 12, 2006, to Consider Resolution 6831, an Off Sale Intoxicating Liquor License Renewal for Big Top Liquor located at 2577 Highway 10. I. Set a Public Hearing for 7:25 p.m., Monday, June 12, 2006, to Consider Resolution 6832, an Off Sale Intoxicating Liquor License Renewal for Vino & Stogies located at 2345 County Road H2. J. Set a Public Hearing for 7:30 p.m. to Consider Resolution 6833, an On Sale Intoxicating Liquor License for Robert's Sports Bar and Entertainment located at 2400 County Road H2. K. Set a Public Hearing for 7:35 p.m. to Consider Resolution 6834, an On Sale Intoxicating Liquor License for The Mermaid located at 2200 Highway 10. L. Set a Public Hearing for 7:40 p.m. to Consider Resolution 6835, Approving an On-Sale Wine and 3.2 Liquor License for Taiko Sushi located at 2394 Highway 10. MOTION/SECOND: GUNN/STIGNEY. To Approve the Consent Agenda as presented. Ayes-5 Nays - 0 Motion carried. 9. JUST AND CORRECT CLAIMS Mayor Marty asked about the glass door replacement and whether the person in custody who did the damage will be charged for that cost. City Attorney Alsop answered in the affirmative. Mayor Marty asked about the claim from the Mounds View Community Theater. Finance Director Beer explained it was an advertisement of City telephone numbers and names within a program. MOTION/SECOND: GUNN/FLAHERTY. To approve the Just and Correct Claims as Presented. Ayes - 5 Nays - 0 Motion carried. Mounds View City Council May 22, 2006 Regular Meeting Page 25 . 10. APPROVAL OF MINUTES A. May 8, 2006 City Council Meeting Minutes MOTION/SECOND: THOMAS/FLAHERTY. To Approve the May 8, 2006 City Council meeting minutes as corrected. Ayes - 5 Nays - 0 Motion carried. 11. REPORTS A. Reports of Mayor and Council Councilmember Flaherty announced an upcoming presentation on Codes and Ordinances at the Falcon Heights City Hall. Councilmember Gunn announced that Mounds View will be getting a minute clinic, which is something the community has needed for some time. Councilmember Gunn advised that the Festival in the Park will be held on August 20, 2006, volunteers are still needed, and they are looking for someone to run the car show or a motorcycle show. • B. Reports of Staff City Administrator Ulrich reported on the May 11, 2006, a Walkable Communities workshop was held at the Community Center and attended by less than 20 participants. This workshop was facilitated by national speakers about what features should be incorporated into County Road 10 as those plans are prepared. City Administrator Ulrich stated tonight is the first meeting in the newly remodeled City Hall and requested feedback from residents about the broadcast. He advised that the Mounds View logo will be installed on the wall behind the Council dais. Mayor Marry asked if staff received a copy of the news report from Channel 9. City Administrator Ulrich stated they sell the video tapes through a service and he will follow up on that matter. 1. Random Park Building Project Public Works Director Lee explained that this item addresses the Random Park building project and requirement to add fire protection to the building. He explained that the International Building Code has a classification system for buildings. "Group A" buildings are for assembly • type buildings. Community Halls are considered an "A-3" occupancy. "Group U" buildings are for utility and miscellaneous buildings. Examples include barns, carports, sheds, etc. Some park Mounds View City Council May 22, 2006 Regular Meeting Page 26 • buildings are classified as "U" buildings, Hillview Park Building is an for example. Hillview is simply a warming house, with no areas for public meetings, gatherings, or cooking. The Golf Course Clubhouse has always been classified as a "Group A" occupancy building. He explained that a fire suppression system (i.e. sprinkler system) was not originally installed because the Code language at the time of construction did not require "Group A" occupancy buildings to have a fire suppression system if the calculated capacity was less than 300 occupants. However, now Code language requires all "Group A" occupancy buildings to have a fire suppression system. When a building is moved, it must comply with the current building code requirements, regardless of when it was originally built. Public Works Director Lee advised that the International Building Code does not require a Group A-3 building to have a fire suppression system unless one of the following conditions are present: the building area exceeds 12,000 square feet - it has an occupant load of 300 or more - it is located on a level other than the level of discharge (in this case on other than the ground floor). The State Building Code must be adopted, if a municipality is to adopt the building code. This includes optional chapters including Chapter 1306, which includes the requirement for all Group A occupancies to have fire suppression systems. On June 13, 1983 the City of Mounds View. adopted this optional more restrictive State Building Code. -This was adopted via Ordinance 343 and was referred to as Appendix E of the State Building Code, and again with each successive code adoption cycle. Most recently, on May 27, 2003 the City of Mounds View adopted this optional more restrictive State Amendment. This was done via Ordinance 715 and was referred. to as Chapter 1306 of the State Building Code. Public Works Director Lee explained that Jay. Bros., Inc, the contractor for the Random Park Building Replacement Project, solicited quotes from five companies to add a sprinkler system to the Random Park Building. Two quotes were received and the low quote was from Viking Automated Sprinkler Company. The total cost for the installation of a sprinkler system to the Random Paxk Building is approximately $43,342, which includes the installation of a 4-inch water service for the system. The second quote, including the 4-inch service, was $51,170. Public Works Director. Lee noted that as per Chapter 1306 of the State Building Code, a fire suppression system would be required for a community hall, regardless of whether the City constructed a new building. or the clubhouse was moved to this site and its classification was changed. At this time staff is seeking a motion from the City Council to authorize proceeding with the installation of a sprinkler system at the Random Park Building. If approved, a change order would be presented on June 12, 2006 for official approval by resolution. Councilmember Stigney took exception to staff's characterization of the Hillview Park building and stated there is no difference between the Hillview Park building and the one just moved. Public Works Director Lee stated he drafted this report and the Building Official added that reference. Councilmember Stigney stated if a fire suppression system is not required at Hillview, he does not understand why it would be required for the Random Park building. He stated he thinks this project is going overboard. • Mounds View City Council May 22, 2006 Regular Meeting Page 27 Mayor Marty asked whether the City will have to install fire suppression in the Groveland building. Public Works Director Lee stated he has been told that the Groveland building, as proposed, would require fire suppression. Community Development Director Ericson stated that when the Hillview warming house was reviewed, and the Building Official indicated that perhaps it should have been approved as something other than a "U" occupancy. He advised that the Code is clear that this building is an "A" occupancy and sprinkling is required, as indicated by the Public Works Director. Councilmember Thomas stated she spoke with City Administrator Ulrich about this issue and learned it is something the City has to do but she questioned why the City did not know this would be required. She stated this is a big issue to have missed and she wants to assure something like that is not missed in the future. Mayor Marty noted the Council is now being asked to proceed with the installation. Councilmember Flaherty stated that it would be disingenuous for the Council to consider changing the ordinance based on this issue. He asked if the cost to monitor the system is built into this cost. Public Works Director Lee stated it is not and he will have to look into that cost. He noted that Viking is currently monitoring the City Hall system. Councilmember Stigney stated he doubts there will be 300 occupants in this building and it S would be ridiculous to have to install a sprinkling system for occasional meetings. He stated this is no different than Hillview and perhaps the Code has gone too far to require the installation of sprinkling systems in other buildings where it is not needed. Mayor Marty stated this is different than Hillview because before it was moved, the Random Park building was used ten times more often for group meetings and activities than other park shelters. Councilmember Stigney stated Hillview is used for the same purposes and also has to be reserved. He stated if it is a Code issue, then the Code should be reviewed. Director Ericson stated the Code amendment was recommended for adoption by the Fire Chief for our three City Fire Districts and been in place since 1983. He stated it is not the City Code, it is a State amendment that the City adopted and they may not want to go backwards to not require a sprinkling system in a City building even if occupancy is under the 300 threshold. He stated he thinks the Fire Chief would caution the City against going backwards on that Code because of the usage of this building and it is .consistent with the three cities of Mounds View, Spring Lake Park, and Blaine. Mayor Marty concurred and stated the Random Park building is a nice structure but it is a stick structure. The Hillview Park building is a cinder block structure. Due to the fact Random Park is used ten times more than any other park building, from a safety aspect, he has no problem with adding the sprinkling system to bring it up to Code. • Mounds View City Council May 22, 2006 Regular Meeting Page 28 . Councilmember Stigney stated the purpose of the sprinkling system is to protect the building and it is a small enough building with four exits points so people can leave the building. City Administrator Ulrich stated the Random Park building occupancy is at about 120 people, based on the square footage available for assembly. MOTION/SECOND: THOMAS/GUNN. To authorize staff to proceed with the installation of a fire suppression system in the Random Park building and to return with costs to monitor the fire suppression system. Ayes - 4 Nays - 1 (Stigney) Motion carried. Councilmember Gunn suggested staff be asked to look into the cost to get a gate for the park entrance so it can be closed at 10 p.m. and restrict car access. Councilmember Thomas asked who would be responsible for closing and locking the gate. Public Works Director Lee suggested this matter be placed on the Park and Recreation Commission agenda for discussion and recommendation. Mayor Marty asked about the possibility of wooden entry signs. Public Works Director Lee stated staff has not done additional research on that matter but if the Council so directs, it can be • looked into. He advised that Clear Channel has contacted the City about coordinating with their billboard sign and staff can look into that option as well. Councilmember Thomas pointed out that wood was not specified and she would like staff to research all options and costs. C. Reports of City Attorney City Attorney Alsop stated he was asked to address the issue of former Police Chief Tim Ramacher's request for the City to recharacterize the payments he has received for health benefits. He referenced his memorandum and stated that based on the documents, video tape, and witnesses he has concluded Mr. Ramacher did not have an option. He stated the key issue is whether Mr. Ramacher had an option of a lump sum payment in 1989. Based on the evidence, he came to the conclusion that Mr. Ramacher did not. City Attorney Alsop stated they have talked to the people involved in the process who indicated Mr. Ramacher had no option for a payout. He requested Council authorization to meet with Mr. Ramacher and staff to determine how to correct this issue. Councilmember Stigney stated he had no knowledge of options offered and the video he viewed shed nothing on this issue. He pointed out it would be administrative staff, not the former Mayor who had no authority to deal with it. Councilmember Stigney asked whether he talked to the former City Administrator and Assistant City Administrator. He stated the Council did not direct Mounds View City Council May 22, 2006 Regular Meeting Page 29 • former City Administrator Chuck Whiting to do anything and asked what they told Chief Ramacher. City Attorney Alsop stated from what he was told, the former Mayor was more directly involved. Councilmember Stigney stated the former Mayor had no authority to be involved. City Attorney Alsop explained that based on what the former City Administrator said and the public record; there is no indication that Mr. Ramacher was offered a lump sum or premium payout. Councilmember Stigney asked whether he got a statement from the former City Administrator that he did not make that offer. City Attorney Alsop stated he cannot prove something that did not happen. Councilmember Stigney stated he wants to receive that statement from former City Administrator Whiting and the Assistant City Administrator. City Attorney Alsop stated the Assistant City Administrator said she has no recollection. Mayor Marty stated the Council said Mr. Ramacher had no option. Councilmember Stigney asked where is the video tape or the meeting minutes that state that. City Attorney Alsop stated he talked to all Councilmembers and all said they have no • recollection. He stated it is clear that an option was not offered to former Police Chief Ramacher and the resolution itself indicated what he was going to get. Councilmember Stigney asked again for a statement from former City Administrator Chuck Whiting saying he offered no option to Chief Ramacher. He noted this would protect the City. Councilmember Thomas recommended that the City Attorney's office be authorized to proceed to fix this issue. MOTION/SECOND: THOMAS/GiJNN. To direct the City staff to work with the City Attorney to resolve the tax issue. AMENDMENT MOTION: STIGNEY/ To direct the City Attorney to obtain a written statement from former City Administrator Chuck Whiting that he did not offer former Police Chief Ramacher any option. Amendment motion died for lack of a second. Councilmember Stigney restated his support to protect the City by obtaining a written statement from former City Administrator Chuck Whiting. Mounds View City Council May 22, 2006 Regular Meeting Page 30 • Finance Director Beer explained the IRS could find there is some liability including fines and/or payment of the tax if it is found that the City incorrectly reported the income. City Administrator Ulrich stated those issues will be worked out by the City Attorney. Ayes-4 12. Nezt Council Work Session: Nezt Council Meeting: Nays - 1 (Stigney) Motion carried. Monday, June 5, 2006, at 7 p.m. Monday, June 12, 2006, at 7 p.m. 13. ADJOURNMENT The meeting was adjourned at 10:48 p.m. Transcribed by: Carla Wirth Timesaver Off Site Secretarial, Inc. •