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HomeMy WebLinkAboutMinutes - 2006/06/12PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL • CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA e -1=~~b,~ Regular Meetg J June 12, 2006 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 7:00 P.M. 1. MEETING IS CALLED TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Acting Mayor Stigney, Councilmember Gunn, and Councilmember Flaherty NOT PRESENT: Mayor Marty and Councilmember Thomas • 4. APPROVAL OF AGENDA A. Monday, May 22, 2006 City Council Agenda MOTION/SECOND: GUNN/FLAHERTY. To Approve the Monday, June 12, 2006 agenda as presented. Ayes - 3 • 5. PUBLIC INPUT Nays - 0 Motion carried. William Werner, 2765 Sherwood Road, spoke regarding the proposed Community Center and additional recreational equipment. Mr. Werner said he has not heard anything about its progress even though it seems to be progressing. He asked Acting Mayor Stigney to explain the scope of the recreational equipment and the City is in the process of completing the Community Center. Acting Mayor Stigney replied that the City has received bids. City Administrator Ulrich stated that at the last Planning Commission meeting, the architects presented plans and it was the consensus of the Commissioners to get quotes before the next step, which is to prepare specifications. Administrator Ulrich explained the specifications would consider the cost and budget calculations of the project, specifically based on the criteria of potential revenue for the project considering at different scenarios. He said that Staff is working on scenarios and expects the issue will be before the Council at the June 26 meeting. Mounds View City Council June 12, 2006 Regular Meeting Page 2 • Mr. Werner asked if the City has a projected dollar amount. Administrator Ulrich replied that the very preliminary estimates are about $600,000 with about 6% additional, or $36,000, for architectural fees. Mr. Werner stated his opinion that a Community Center with a cost $6.3 million is significant. Mr. Werner said his concern is if there is a point at which the project is not feasible. He asked if there would be a fee for use said with such a significant sum of money being allocated to the project, he believes there should be a fee associate with its use. He said the City will be competing with a health club up near Northtown. He said he is amazed at the amount of money being spent on a community center and that it must be sensible. He asked when the feasibility of such a center will be determined. Acting Mayor Stigney stated that what has been reported so far is the capital cost, not operational costs. He said there is already a fitness center in the area, but the consensus of the Council agreed that plans should go forward. Acting Mayor Stigney said he personally agrees with Werner that he does not believe it is practical. He said it may wishful thinking that the community center will make money and if it does not, it will cost taxpayers. Mr. Werner said it is fine if we do not make money. on the Community Center, but the costs must be feasible. Acting Mayor Stigney replied that he believes the City will not make money off of the Community Center and questions if the Center is practical and viable. Mr. Werner stated he will come back every meeting to keep attention to the project. • Councilmember Flahe ex lained the current Communi Center is 100% subsidized and that rh' P n' private funding will not work. He said that the City must do something with the empty building and it is his opinion it is foolish not to make it a place for the Citizens of Mounds View. He said the City is looking at other alternatives and there is a committee formed to consider other options. He said they solicited citizens' input several times and that they are looking at the Community Center will be a bonus for residents of Mounds View. He said nothing is final but it should be provide to citizens in the same way parks do. Mr. Werner said he still believes the cost is way out of line. Mr. Werner then stated he came to the new City Hall building for the meeting and believed the new Chambers look terrible. He asked if there was any possibility of taking some of the lights but then withdrew the comment because he stated it would. cost too much money. Acting Mayor Stigney said the Council should draw up a RFP for the Community Center plans. 6. SPECIAL ORDER OF BUISNESS A. Resolution 6848, Resolution of Appreciation for Israel Diaz, Volunteer Fire Inspector for the SBM Fire Department. • Mounds View City Council June 12, 2006 Regular Meeting Page 3 • Fire Marshal Kathi Osmonson introduced Volunteer Fire Inspector Israel Diaz. She said she recently reviewed City records and noticed that Mr. Diaz has donated over 300 hours to the City doing volunteer work. She said Israel is a great person to have on board and publicly thanked Mr. Diaz. Mr. Diaz thanked the Council, City, and Fire Marshal Osmonson. City Administrator Ulrich read the resolution in full. Acting Mayor Stigney stated there will be a framed certificate presented to Mr. Diaz as soon as it was signed. MOTION/SECOND: FLAHERTY/GUNN to adopt Resolution 6848, Resolution of Appreciation for Israel Diaz, Volunteer Fire Inspector for the SBM Fire Department. Ayes - 3 Nays - 0 Motion carried. 7. COUNCIL BUSINESS A. Resolution 6836, a Resolution Approving a Conditional Use Permit for an Oversize Garage at 8382 Knollwood Drive. • Planning Associate Heller stated that before the Council is a Conditional Use Permit (CUP) for an oversize garage at 8382 Knollwood Drive. She stated that the residents, Robert and Lisa Horbul, would like to put a 24' x 30' addition to the rear of their garage. She stated there is a drawing in the packet. She stated they need a CUP because it would bring the total square feet up to 1,604, which is beyond the current limit of 952 square feet. She said it would be for storage of an RV and other things. She stated the garage would not be used as a business. Associate Heller explained that with a CUP before them, the Council needs to determine if there will be any adverse affects by approval. She stated the Council needs to look at the Comprehensive Plan to see if the oversize garage would benefit the neighborhood. Associate Heller elaborated that the property is on Knollwood Drive, which is a residential area. She said that the addition will not be seen from the front will blend in with the original roofline. She said it would somewhat block the view looking across the back yard. She said that the addition will provide the property with additional inside storage and raise the value of the property. Associate Heller said Knollwood Drive is a strictly residential area. She said the Horbuls have demonstrated a need for the addition to keep vehicles in the garage rather than in the driveway and behind the garage. She stated that a resident who lived several houses away did have a concern, and that the applicants were in attendance to answer any questions the Council may • have. Mounds View City Council June 12, 2006 Regular Meeting Page 4 • Acting Mayor Stigney opened the public hearing at 7:19 p.m. Acting Mayor Stigney closed the public hearing at 7:19 p.m. Councilmember Gunn asked if the Horbuls will keep the shed in the back yard. Associate Heller replied that they did plan to keep the shed, and that the total square footage for accessory buildings will be under the allowed 1,800 square feet. Councilmember Flaherty asked if the addition will be sided the same color as the house, and Associate Heller replied that yes it will. Councilmember Flaherty pointed out that there is a foundation behind the garage. Associate Heller stated it is for the RV and will be replaced by the garage. Councilmember Flaherty asked if the oversize garage would be used to get rid of the clutter and Associate Heller replied that there was nothing specific in the plan. MOTION/SECOND: GUNN/FLAHERTY. To waive the reading and adopt Resolution 6836, a Resolution Approving a Conditional Use Permit for an Oversize Garage at 8382 Knollwood Drive. Ayes - 3 Nays - 0 Motion Carried B. Resolution 6837, a Resolution Approving a Conditional Use Permit for an Oversize Garage at 5308 St. Stephen Street. Associated Heller stated Mark McKay has requested a CUP for a larger garage at 5308 St. Stephen Street. She stated Mr. McKay will demolish his current garage and build one that will be 2 cars deep. Associate Heller said it will be the same width, but twice as deep because his lot will not allow a wider garage. Associate Heller explained the oversize garage is consistent with the Comprehensive Plan because a new garage will add to the neighborhood. She said the area is residential with a few businesses nearby. She said the addition will be in the rear of the garage and will look the same from the street. Associate Heller said Mr. McKay talked with his neighbors and they have no problems with the addition. She said his backyard is a little shallower than that of the Horbuls, but that the addition will not interfere with the house behind the property. Associate Heller stated that a brand new garage will not cause any depreciation for the home or neighborhood and will add value. She explained that Mr. McKay would like to park more than two vehicles inside rather than on the street, which is the demonstrated need. • She said there was no feedback during the May 17 Planning Commission meeting and all zoning and point issues are satisfied within the request. She stated that Mr. McKay was in attendance to Mounds View City Council June 12, 2006 Regular Meeting Page 5 answer any questions Acting Mayor Stigney opened the public hearing at 7:25 p.m. Acting Mayor Stigney closed the public hearing at 7:25 p.m. Councilmember Flaherty asked if the applicants will demolish the current garage and add a new one, and Associate Heller responded yes. He asked if the driveway would be repaired at the same time. Mr. McKay said the driveway is not in that bad a shape and he had not planned to repair it. Mr. McKay said the only reason he is asking to tear down the current garage is because it was built on a floating slab. Mr. McKay stated he is going to ask that the contractors put in cross- footings across the garage. Mr. McKay stated the floating slab is the reason he is asking to tear down the garage rather than building an addition on the back. MOTION/SECOND: GUNN/FLAHERTY. To waive the reading and adopt Resolution 6837, a Resolution Approving a Conditional Use Permit for an Oversize Garage at 5308 St. Stephen Street. Ayes - 3 Nays - 0 Motion carried. • C. Resolution 6830, an Off Sale Intoxicating Liquor License Renewal for ABC Liquor located at 2840 Highway 10. Assistant to the City Administrator Desaree Crane stated that the City of Mounds View issued an intoxicating liquor license for ABC Liquor in June of 2005, and their renewal is before the Council for consideration. She explained that ABC Liquor's Intoxicating Liquor License will expire June 30, 2006. She said the notice of this public hearing was sent out to residences within 350 feet radius, and the Notice of Public Hearing was published in the Mounds View/New Brighton Bulletin. Assistant to the City Administrator Crane stated that ABC Liquor has submitted their City liquor license application materials and the applicable fees. Assistant to the City Administrator Crane explained that there was one police incident which is attached along with a memorandum from Bob Vose, an attorney from Kennedy and Graven. She said there is an area of concern with this police report in regard to selling alcohol to minors. She stated this is the establishment's first violation. Assistant to the City Administrator Crane added that the Finance Department has issued a satisfactory Utility Billing Inquiry for ABC Liquor and that the City s Fire Marshal has issued a satisfactory Fire Inspection Report. • Assistant to the City Administrator Crane said that Staff recommends the City Council open the Mounds View City Council June 12, 2006 Regular Meeting Page 6 • Public Hearing for public input. She said that due to the concerns stated in the police report, staff would like to discuss how to proceed with this business renewal. She said that since this is a first violation with the owner, and the owner is not currently convicted, the City could proceed with the renewal and monitor the proceedings of the case. Assistant to the City Administrator Crane explained that a resolution approving this license was provided if the Council wishes to approve the liquor license. 'She said if the City Council wishes to investigate this matter further, then the City Council could also open the Public Hearing for public comment and postpone the renewal until the next City Council Meeting. She explained that if this renewal is approved, the time period of this license will be July 1, 2006 to June 30, 2007 Acting Mayor Stigney opened the public hearing at 7:30 p.m. Owner of ABC Liquor, Mr. Xiong, said that during November of last year, he had to see the doctor and was not in the store. He said there were three men in the store and that one woman was in a car behind the building. He said one of the men went around to the back, stole the liquor, and went outside to the woman. Mr. Xiong said the clerk did not ask for the ID of the man who was at the counter. Mr. Xiong stated that the clerk realized the man who went out the back had shoplifted and called police and that the man who went out the back said that he did not have ID. He said that the police officer took the man without the ID who was at the counter outside the store. • Mr. Xion said that the have the ermit until Febru 2007. He said he has one other store g y P az'Y and asked if the violation is against him or the clerk who sold the liquor to the minor. Assistant to the City Administrator Crain replied that the violation is against the owner, not the clerk. Mr. Xiong said that from now on, he hopes there are no more problems. Acting Mayor Stigney closed the public hearing at 7:33 p.m. Councilmember Flaherty asked to table the vote until the City Attorney can answer some questions. MOTION/SECOND: GUNK/FLAHERTY, To postpone consideration of Resolution 6830, an Off Sale Intoxicating Liquor License Renewal for ABC Liquor located at 2840 Highway 10, until the June 26, 2006 meeting. Ayes - 3 Nays - 0 Motion carried. D. Resolution 6831, an Off Sale Intoxicating Liquor License Renewal for Big To Liquor located at 2577 Highway 10. Assistant to the City Administrator Crane reported that the City of Mounds View issued an • intoxicating liquor license for Big Top Liquor in June of 2005, and their renewal is before the Council for consideration. She explained that Big Top Liquor's Intoxicating Liquor License will Mounds View City Council June 12, 2006 Regular Meeting Page 7 • expire on June 30, 2006 and that the notice of this public hearing was sent out to residences within a 350 feet radius, and the Notice of Public Hearing was published in the Mounds View/New Brighton Bulletin. Assistant to the City Administrator Crane stated that Big Top Liquor has submitted their City liquor license application materials and the applicable fees. She stated that the Mounds View Police Department has issue a satisfactory report for Big Top Liquor. She added that the Finance Department has issued a satisfactory Utility Billing Inquiry Report. She explained that the City's Fire Marshal will be inspecting the establishment within the week and that this Off-Sale Intoxicating Liquor License renewal will be pending a satisfactory fire inspection. Assistant to the City Administrator Crane stated that Staff recommends to open the Public Hearing for public comment and that the City Council approve Big Top Liquor's application for an Off-Sale Intoxicating Liquor License pending a satisfactory inspection from the Mounds View Fire Marshal. She stated the time period for this license will be July 1, 2006 to June 30, 2007. Acting Mayor Stigney opened the public hearing at 7:36 p.m. Acting Mayor Stigney closed the public hearing at 7:36 p.m. MOTION/SECOND: FLAHERTY/GUNN. To waive the reading and adopt Resolution 6831, an Off Sale Intoxicating. Liquor License Renewal for Big To Liquor located at 2577 Highway 10. • A es - 3 Na s - 0 Motion carried. Y Y E. Resolution 6832, an Off Sale Intoxicating Liquor License Renewal for Vino & Stogies located at 2345 County Road H2. Assistant to the City Administrator Crane stated that the City of Mounds View issued an intoxicating liquor license for Vino & Stogies in June of 2005, and their renewal is before the Council for consideration. She explained that Vino & Stogies Intoxicating Liquor License will expire on June 30, 2006, and that the notice of this public hearing was sent out to residences within 350 feet radius, and the Notice of Public Hearing was published in the Mounds View/New Brighton Bulletin. Assistant to the City Administrator Crane stated that Vino & Stogies has submitted their City liquor license application materials and the applicable fees. She added that Vino & Stogies has not submitted their Certificate of Liability Insurance and their license will not be issued until Staff receives this certificate. Assistant to the City Administrator Crane stated that the Mounds View Police Department has issue a satisfactory Police Inquiry and Investigations report for Vino & Stogies, and the Finance Department has issued a satisfactory Utility Billing Report for Vino & Stogies. She added that . the City's Fire Marshal has inspected the establishment and issued a satisfactory report regarding the establishment pending correction of minor Fire Code issues. Mounds View City Council June 12, 2006 Regular Meeting Page 8 • Assistant to the City Administrator Crane stated that Staff recommends opening the Public Hearing for Public Comment and further recommends the Council approve Vino & Stogies' application for an Off=Sale Intoxicating Liquor License pending receipt of their Certificate of Liability Insurance. She stated that the time period for this license will be July 1, 2006 to June 30, 2007. Acting Mayor Stigney opened the public hearing at 7:38 p.m. Acting Mayor Stigney closed the public hearing at 7:39 p.m. MOTION/SECOND: GUNN/FLAHERTY. To waive the reading and adopt Resolution 6832, an Off Sale Intoxicating Liquor License Renewal for Vino & Stogies located at 2345 County Road H2. Councilmember Flaherty asked if the minor fire code issues have been addressed. Assistant to the City Administrator Crane replied that the changes are pending and Vino & Stogies is working on the situation. Ayes - 3 Nays - 0 Motion carried. F. Resolution 6833, an On Sale Intoxicating Liquor License Renewal for • Robert's Sports Bar and Entertainment located at 2400 County Road H2. Assistant to the City Administrator Crane stated that the City of Mounds View issued an intoxicating liquor license to Robert's Sports Bar and Entertainment in June of 2005, and their renewal is before the Council for consideration. She added that Robert's Sports Bar and Entertainment's Intoxicating Liquor License will expire in June 30, 2006. Assistant to the City Administrator Crane stated that Robert's Sports Bar and Entertainment has submitted their City liquor license application materials and the applicable fees. She added that Robert's Sports Bar and Entertainment owes Staff a Certificate of Liability Insurance and this liquor license will not be issued until an original Certificate of Liability Insurance is received. She stated a notice of this public hearing was sent out to residences within a 350 feet radius, and the Notice of Public Hearing was published in the Mounds View/New Brighton Bulletin. Assistant to the City Administrator Crane stated that the Mounds View Police Department has issued a satisfactory Police Inquiry and Investigations report, and the Finance Department has issued a satisfactory Utility Billing Inquiry report for the establishment. Assistant to the City Administrator Crane stated that Staff recommends the City Council open the Public Hearing for public comment and that Staff recommends approving Robert's Sports Bar and Entertainment's application for an On-Sale Intoxicating Liquor License pending a • satisfactory inspection from the Mounds View Fire Marshal and receipt of the Certificate of Liability Insurance. She stated the time period for this license will be July 1, 2006 to June 30, Mounds View City Council June 12, 2006 Regular Meeting Page 9 • 2007. Acting Mayor Stigney opened the public hearing at 7:41 p.m. Cindy Hilger stated she lives on the west side of Robert's, across the street. She explained that the residents in her area have had issues about the noise every year. She said she has lived there for 6 years, and the noise gets progressively worse and worse. She explained the music is loud and the residents can feel their windows vibrate. She said the noise is hard to deal with Thursday through Sunday. Ms. Hilger added that motorcycles rev their engines at 2:30 a.m., drive up and down the residential street, and return to the parking lot. She stated there must be a noise ordinance that prohibits such disruption. She explained there were trees put in several years ago in an effort to block the noise, but they do not help. She stated that residents are hoping something is done. She said that it is difficult to sleep. Acting Mayor Stigney asked who could address this issue and Administrator Ulrich asked Police Chief Sommer to speak. Chief Sommer said the City must respond to these things and recommend that residents call 911 as such situations are happening. He said as far as the ongoing problem of the noise, he is not sure what can be addressed at the meeting. He said at least the police department is aware of the • noise problem now and suggested the residents of the area start documenting the noise problems with official police reports. Chief Sommer added the Council could take action at a later date. Ms. Hilger said that police have been called on a number of occasions and said got the run- around, including from the police department in Maplewood. She said they finally quit calling because nobody from Mounds View would respond. She said their calls were sent to other police departments, which has happened several times when she has dialed 911. Chief Sommer responded that it is an issue with the dispatching service and asked that residents specify Mounds View when calling 911. Wayne Gilberg, 5287 Edgewood Drive, said he lives across the street and also addressed the problem of the noise. He asked if a barrier could be built around the building or if the building could be soundproofed. Acting Mayor Stigney stated there is a noise ordinance and asked Community Development Director Ericson to look into the ordinance and situation of Robert's. Director Ericson said in years past there have been noise complaints, but there has not been many in the last few years. He said it is unfortunate that there is still a noise issue and he will follow up with the problem. Sarah Mears, 5292 Edgewood Drive, stated she lives directly behind Robert's Sports Bar and Entertainment and has called the police on 3 occasions, twice for noise and once for an • intoxicated man crawling around in their front yard. She explained there have been beer bottles thrown multiple times into her yard and that her children, ages seven and three, have found them. Mounds View City Council June 12, 2006 Regular Meeting Page 10 • She said they have called the police two times in the last 6 months for noise. Ms. Mears stated that Robert's leaves their doors open and every word can be heard from inside the bar. She said it is difficult to go to bed, and to try to put the kids to bed when there is loud music, especially during the school year. She explained that garbage is thrown over and that something once hit their trees when her husband was in their back yard. She said someone had thrown a plastic rack into their yard from the bar. She said she has issues with the garbage, the noise, and the drunk people in her yard. Acting Mayor Stigney closed the public hearing at 7:50 p.m. Administrator Ulrich suggested that, with the number of complaints, the Council should ask the owners of Robert's Sports Bar and Entertainment to address citizens' complaints during the Council meeting on June 26. Acting Mayor Stigney said that June 26 should provide them sufficient notification in time for the insurance to be renewed. He thanked the residents for speaking out because the Council did not know about these issues. Councilmember Flaherty stated that the residents should not have to tolerate such problems at any time. He said police need to get involved if there are drunk people in citizens' front yards. He asked the Chief to look into a response since the people here have not received help. He • further said he believes it is a good idea to have Robert's owner in on June 26th to address the complaints. Councilmember Gunn agreed. MOTION/SECOND: GUNN/FLAHERTY. To postpone consideration of Resolution 6833, an On Sale Intoxicating Liquor License Renewal for Robert's Sports Bar and Entertainment located at 2400 County Road H2, until June 26 for the purpose of addressing the complaints of the residents. Ayes - 3 Nays - 0 Motion carried. G. Resolution 6834, an On Sale Intoxicating Liquor License Renewal for The Mermaid located at 2200 Highway 10. Assistant to the City Administrator Crane stated that the City of Mounds View issued an intoxicating liquor license for The Mermaid in June of 2005, and their renewal is before the Council for consideration. She explained that The Mermaid Intoxicating Liquor License will expire June 30, 2006. Assistant to the City Administrator Crane state that The Mermaid has submitted their City liquor • license application materials and applicable fees. She added that The Mermaid owes the City a Certificate of Liability Insurance and this liquor license will not be issued until that is received. Mounds View City Council June 12, 2006 Regular Meeting Page 11 . She stated that notice of this public hearing was sent out to residences within a 350 foot radius, and the Notice of Public Hearing was published in the Mounds View/New Brighton Bulletin. Assistant to the City Administrator Crane stated that the Mounds View Police Department has issued a satisfactory Police Inquiry and Investigations Report and the Finance Department has issued a satisfactory Utility Building Inquiry report for The Mermaid. Acting Mayor Stigney opened the public hearing at 7:54 p.m. Acting Mayor Stigney closed the public hearing at 7:55 p.m. MOTION/SECOND: FLAHERTY/GUNN. To waive the reading and adopt Resolution 6834, an On Sale Intoxicating Liquor License Renewal for The Mermaid located at 2200 Highway 10. Ayes - 3 Nays - 0 Motion carried. H. Resolution 6835, an On Sale Wine and 3.2 Malt Liquor License Renewal for Taiko Sushi located at 2394 Highway 10. Assistant to the City Administrator Crane stated that Pro Association Inc., (dba Taiko Sushi Bar) has submitted the City liquor license application materials and applicable fees. She added that Taiko Sushi has not submitted their Certificate of Liability Insurance and this liquor license will • not be issued until this Certificate is received. She said the notice of this public hearing was sent out to residences within 350 feet radius, and the Notice of Public Hearing was published in the Mounds View/New Brighton Bulletin. Assistant to the City Administrator Crane stated that there were several investigations conducted to determine whether there is a cause for the City to deny Taiko Sushi Bar's On-Sale Wine and On-Sale 3.2 Malt Liquor License. She explained that the Mounds View Police Department has issued a satisfactory Police Inquiry and Investigations report and the Finance Department has issued a satisfactory Utility Billing Inquiry report for Taiko Sushi. She stated that the Fire Marshal has issued a satisfactory Fire Inspection report for the establishment. Assistant to the City Administrator Crane stated Staff recommends opening the Public Hearing for Public Comment and that Staff further recommends that the City Council approve Pro Association, Inc.'s (dba Taiko Sushi Bar) On-Sale Wine and On-Sale 3.2 Malt Liquor License pending receipt of their Certificate of Liability Insurance. She stated the time period for this license will be July 1, 2006 to June 30, 2007. Acting Mayor Stigney opened the public hearing at 7:57 p.m. Acting Mayor Stigney closed the public hearing at 7:57 p.m. • MOTION/SECOND: GUNK/FLAHERTY. To waive the reading and adopt Resolution 6835, an On Sale Wine and 3.2 Malt Liquor License Renewal for Taiko Sushi located at 2394 Highway Mounds View City Council June 12, 2006 Regular Meeting Page 12 . 10. Ayes - 3 Nays - 0 Motion carried. I. Resolution 6838, resolution of Approving Proposals for Technology and Electronics Package for SBM Fire Station #3 Fire Chief Zikmund said there are four bid packages before the Council tonight, that all four items were all part of the original package as proposed, and budget amounts cover these proposals. He said there is about $100,000 contingency and the project is on schedule and said he will explain. the budget. Fire Chief Zikmund noted the Driving Simulator, proposed by L-3 Communications. He said that he and other Police Department Staff traveled to Las Vegas, NV, to discuss the simulator with organizations that owned them. He said the simulator includes a truck module, similar to the fire and public works trucks, and a sedan console that simulates the Crown Victoria. Fire Chief Zikmund said the second console is an additional $35,000. Fire Chief Zikmund explained that the department envisions uses by all four departments. He said the fire department will likely use the simulator four times a year. He said the simulator will not teach an individual how to drive, but how to think when behind the wheel. He said it is a critical skill that needs to be improved on. He added that his team, the fire department, has • experienced two at-fault accidents, which are expensive. He said the simulator teaches drivers to think ahead and cut down on accidents. He said that testing in the trucking industry, which is the largest user of this simulator, indicates that there has been a 42% reduction in accidents of end users. Fire Chief Zikmund said the simulator would suffice for 2 out of 3 years of defensive driving training. He said there is one simulator in Alexandria, and it is not conducive to send officers up there or have the simulator shipped. He said there is a space for the simulator in the building, but it will require additional cooling. Councilmember Flaherty asked if there is only one in the State, and Fire Chief Zikmund replied that is correct. Councilmember Flaherty asked if the Alexandria Police Department's accident rate is lower. Fire Chief Zikmund replied that the simulator is at the Alexandria Technical College, not at the Police Department, and he cannot answer the question. He stated that the Alexandria Technical College does not have any statistics and the only data he would consider valid is that from the trucking industry. Councilmember Flaherty said his thoughts about defensive driving classes are that those who take the course retain more by driving in a course and asked if this simulator will have a greater value than a course. Fire Chief Zikmund replied that the simulator has a completely programmable system that has urban, suburban, and rural settings, that it has 35 different • vehicles programmed into the database, and that there is an infinite number of stable object and programmable moving objects. Mounds View City Council June 12, 2006 Regular Meeting Page 13 Fire Chief Zikmund explained that in the real world, on a real course, the Department cannot simulate a moving vehicle. He said there could be a simulation with a vehicle moving through intersections, with pedestrians, dogs, etc. which cannot be simulated in real life. He said the simulator also has "pinning" which cannot be practiced with real cars. He said it will make officers and other City drivers practice critical skills that cannot be simulated in real life. He said this was very valuable for the Las Vegas Police Department, with whom he spoke. Councilmember Flaherty asked that because this is abig-ticket item, which will cost over $250,000, if no other departments in the area have a simulator. Fire Chief Zikmund replied that no other metro area cities have simulators and that in Minneapolis and Saint Paul, officers have more opportunities in real life than in Mounds View. He stated that in Mounds View, the Department must have time to train volunteers and that, next to Bloomington and Duluth, Mounds View has the largest Fire Department. Fire Chief Zikmund added that the command center software is a separate tool, not combined with a simulator. Councilmember Flaherty asked if it has been brought up to Blaine and Spring Lake Park and Fire Chief Zikmund responded that Spring Lake Park has cleared the item and Blaine will hear it this Thursday. He said they both heard it at a joint meting and Blaine had a workshop about it a year ago. Acting Mayor Stigney asked if Spring Lake approved the simulator and Fire Chief Zikmund said yes. • Councilmember Gunn asked if it the simulator will be available for use to other departments. Fire Chief Zikmund said it would be available first to the Fire Departments and Police Departments in the three cities, and other Public Works Departments who have limited training opportunities in sedan training. He said it would then be offered to others, but limited to metro area. Councilmember Gunn asked about ambulance drivers and Fire Chief Zikmund said they are on the list. He noted ambulance drivers have the highest accident rate. Acting Mayor Stigney asked if the Police Department will help fund the simulator and Fire Chief Zikmund said with way the budget works, the City of Mounds View is responsible fora 15.5% share and all three cities are paying. Fire Chief Zikmund responded that the Police Department will not be contributing to the simulator cost because the funding is coming from the capital improvement fund. Acting Mayor Stigney asked if the police other City departments will pay rental fees, to which Fire Chief Zikmund responded yes. Finance Director Beer pointed out that police departments require training every three years, and Fire Chief Zikmund stated and that Blaine does it every year and said that the track course is require every three years. Administrator Ulrich said that the police package would not be included, and Fire Chief Zikmund that the package does include the police component. • Fire Chief Zikmund reported on the CommandSy~rn software; which is the third part of the package. He said the first task was building the rooms, the second was contracting for the video Mounds View City Council June 12, 2006 Regular Meeting Page 14 . and display screens with Tierney. He said what is before the Council today is the software package to run the system. He stated it is similar to the simulator software and that it has the possibility to take digital pictures, spread smoke and flame throughout the structure, and the fire is navigated by using the arrow keys. He explained that the fire will grow, and if command is making the right decisions about when to apply water and making other correct decisions, the fire will diminish. Fire Chief Zikmund explained there are not enough actual incidences for practice and the Fire Department must make up for deficiencies through training. He said they traveled to Orlando and spent a day with the simulator. He said it will also something that could be "sold" to other local fire departments. He said that Hennepin Technical College is using glow-grade version of the software which he believes is not the same. He said this software is as close to the real thing as is possible. Fire Chief Zikmund stated the owner of this software is not new to the emergency services. Fire Chief Zikmund said he is convinced that the product is solid, that does not require a lot of technical support, and that the Department's technical support staff member has spent time with the creator of the software. He said this simulator was envisioned from the beginning with the building, technology, and now this is the software to run it. He added that the software was not proposed earlier due to budget constraints. He stated that there is now $100,000 available in the budget. • Fire Chief Zikmund spoke regarding the computers and said they were straightforward except they had not been put out to bid. He explained that the computers were bid by the person who has been working with the network in the Department for the last 10 years. He said it was a bit more expensive, but said that it is worth it to keep the same person working on the computers who knew the system. Fire Chief Zikmund said they received five bids for furniture, all of which were state-approved bids, that they added tax (which was not included in the original tax), and that Hendrickson Office Group cam in the lowest, even with the tax. He stated the bid is $8,568. MOTION/SECOND: GUNN/FLAHERTY. Resolution 6838, A Resolution Approving Proposals for Technology and Electronics Package for SBM Fire Station #3. Acting Mayor Stigney stated the total is $353,576.01, which is within the budget for these components. Ayes - 3 Nays - 0 Motion carried. J. Resolution 6826 Approving the Plans and Specifications and Authorizing the Advertisement for Bids and Setting a Bid Date for the Medtronic Utility Extension Project • Public Works Director Lee said there is one item that he v~~ants to bring to attention, which is the Mounds View City Council June 12, 2006 Regular Meeting Page 15 • existence of two alternates available for the extension of the sanitary sewer on the Medtronic site. He said that the way the plans inspector put it together, there was a base bid that is Medtronic's preferred alignment, which was indicated on the diagram from the Public Works Director. He said a concrete casing was discovered, which was highlighted on the diagram in yellow, and if it is usable, it would reduce the cost of the sewer extension by about $75,000. He said there would be jacking under the ditch for Medtronic to be able to use it. He said the City is continuing to meet with Medtronic to discuss this. Public Works Director Lee stated Staff is recommending the passing of Resolution 6826 and setting up a meeting with Medtronic to discuss a bid date. MOTION/SECOND: FLAHERTY/GUNN. To waive the reading and adopt Resolution 6826, A Resolution Approving the Plans and Specifications and Authorizing the Advertisement for Bids and Setting a Bid Date for the Medtronic Utility Extension Project. Ayes - 3 Nays - 0 Motion carried. K. Resolution 6$39, Resolution to Approve a Charitable Gambling Permit for the Lake Region Hockey Association to conduct Charitable Gambling at Moe's located at 2400 Highway 10. Assistant to the City Administrator Crane stated that The Lake Region Hockey Association, a • non-profit charitable organization, would like to hold charitable gambling on a permanent basis at Moe's (formerly known as Jake's Sports Cafe) located in the City of Mounds View. She explained that The Lake Region Hockey Association is a charitable organization to help in funding youth hockey to include Irondale Youth Hockey and Mounds View Youth Hockey programs. Assistant to the City Administrator Crane stated that the Lake Region Youth Hockey Association is located in Roseville, and they have more than 30 active members. She noted that this meets the requirements of the Mounds View City Code. She said a list of current members is on file with the City. Assistant to the City Administrator Crane stated that the Gambling Control Board requires that local unit of government (city or count) pass a resolution specifically approving or denying the Premises Permit Application. She stated this resolution (approving or denying the application) must be voted on and the resolution forwarded to the Minnesota Gambling Control Board. Assistant to the City Administrator Crane stated that Staff recommends approval of the Premise Permit to permit Charitable Gambling for Lake Region Hockey Association at the location stated above. Councilmember Flaherty asked if Moe's opened today. . MOTION/SECOND: FLAHERTY/GUNK. To waive the reading and adopt Resolution 6839, A Mounds View City Council June 12, 2006 Regular Meeting Page 16 • Resolution Approving a Charitable Gambling Permit for the Lake Region Hockey Association to conduct Charitable Gambling at Moe's located at 2400 Highway 10. Ayes - 3 Nays - 0 Motion carried. L. First Reading and Introduction of Ordinance 773 Amending the Zoning Code Relating to Landscaping, Fences and Retaining Walls Director Ericson stated this is a first reading of an ordinance that would amend the zoning code relating to definitions, which do not currently exist, and adding language under 1103 regarding fences and adding language relating to retaining walls and prohibited materials. Director Ericson explained that the Council asked the Planning Commission to consider adding language and the Commission suggested adding language and making changes regarding setbacks. He said the Commission did adopt a resolution, which defined retaining walls and added definitions regarding landscaping and addressed issues regarding the setback issue. Director Ericson summarized the changes would add definitions to landscaping and retaining walls as follows: LANDSCAPING: The aesthetic and physical improvement of land by the addition of berms, trees, shrubs, ground cover, crushed rock, wood chips, retaining walls and other functional, ornamental, or decorative features. • RETAINING WALL: A wall or structure constructed of stone concrete woo or other > > materials, used to retain soil or as slope transition, or edge of a planting area. Director Ericson stated that under 1103.08, in the area discussing fencing, there was an addition which now reads: A fence or retaining wa^ shall be installed on the applicant's property. The fence or retaining wall shall not be installed directly over the property line. Director Ericson noted that at the bottom of page 2 of the report, there said on the bottom of page 2, under Subdivision 7, there was an addition of prohibited materials, which now reads: a. Barbed Wire, razor wire, or other materials which could cause bodily harm shall be prohibited and no fence or property shall be wired and designed to conduct and emit an electrical charge, except as allowed for below. b. Exceptions: Facilities providing essential services or municipal governmental services may erect barbed wire or other materials having a similar deterrence, upon notice to properties within 350 feet and upon approval of the City Council. He explained that essential services such as a water supply or something similar that needs protection would require notification. He said that it allows for barbed wire or the like to be used for a homeland security issue. Director Ericson said that a Public Hearing would occur during the next meeting on June 26. Mounds View City Council June 12, 2006 Regular Meeting Page 17 • Brian Amundsen, 3048 Wooddale Drive, stated he is here because he believes there are two areas of .concern. He said that 1104.01, Subdivision 5, which still refers to a terrace or "similar structure'' and can cause confusion. He questions what is considered an encroachment and the issue of setbacks and believes that the current language does not specify whether or not retaining walls are allowed on the property line. He believes that it would be more clear if "retaining walls" were added to the 1104.01, Subdivision 5. Mr. Amundsen stated the other piece he believes is short of information is protection if a retaining wall is built too high. He said at the back of a property there is a retaining wall nearly 6-7 feet high and if a person were to step off, they could be injured. He stated he believes there should be some place that the City requires a protective fence. He said it would help 1104.01, Subdivision 5, if it was clarified and specifies setbacks. He also stated he questions the phrase "similar structures." He stated that, regarding his issue, he built 2 additional feet on his fence. Director Ericson said the Planning Commission considered a necessity for terraces in the definition and in the opinion of the Planning Commission that the present definition is adequate. He said the Council could make the determination whether or not the word "terrace" needs a different definition. He said the Planning Commission is comfortable with the way the word Terrace has been applied. He said the Planning Commission felt it was not a necessity to make a modification. Director Ericson stated, regarding the retaining walls, the Planning Commission felt that in many cases something would be warranted, but it was not necessary to put it in as a code requirement. He said that it is in the City's best interest to put in rails or warnings if the City is putting in a high retaining wall and that the City has done so in the past. He explained it is not something the Planning Commission believes citizens need to put in their own yards to protect themselves from falling off their own property. Councilmember Flaherty said this does stem from the Edmonson's property and it did come from the change in elevation from the Edmonson's neighbors. He said the neighbors elevated their property and it is an issue of privacy and security. He asked if the Planning Commission has addressed this issue. Director Ericson replied that the amendment does not address a change in elevation. He said if the grade change would mean changes to storm water, the City would be involved, but said that unless that happens, there would be no City involvement. Councilmember Flaherty asked if there is no specific limit to the height of a retaining wall and asked if a car could sit up on top of a retaining wall, looking over the neighbor's fence. He asked if Director Ericson could address such a scenario while making changes to the ordinance. Director Ericson explained that when they looked at codes from other communities and did . research, no other municipality had any restriction on retaining walls. He said there are areas in Northeast Minneapolis where there are 20-foot retaining walls in order to hold back soil instead Mounds View City Council June 12, 2006 Regular Meeting Page 18 • of building up property. Director Ericson said that while Mounds View is relatively flat, there are some areas that could need higher walls. He noted it would be hard to imagine six to eight foot high retaining walls and doubts anyone would install a frivolous retaining wall. He said it is expensive to put in a tall retaining wall. He explained that the Planning Commission could do some research into heights, but the Planning Commission does not believe it is important to regulate the height at this time. MOTION/SECOND: FLAHERTY/GUNK. To approve the First Reading and Introduction of Ordinance 773 Amending the Zoning Code Relating to Landscaping, Fences and Retaining Walls. Ayes - 3 Nays - 0 Motion carried. M. Resolution 6841 Approving the Communications Coordinator to attend the NATOA Conference in Florida. Administrator Ulrich. stated that this item was reviewed and discussed at the June 5~' Council work session. He said it is requested that consideration be given to authorizing Communications Coordinator Kimberly Blackford to attend the National Association of Telecommunications Officers and Advisor's (NATOA) annual conference August 22 - 25, 206 in Florida. Administrator Ulrich stated the item has been budgeted in the 2006 budget as $1,000 and the North Suburban Cable Commission has agreed to pay the tuition of $495. MOTION/SECOND: GUNN/FLAHERTY. To waive the reading and approve Resolution 6841, A Resolution Approving the Communications Coordinator to attend the NATOA Conference in Florida. Acting Mayor Stigney asked about the expenses that are included in the budget and asked how much they anticipate the cost of the conference. Administrator Ulrich stated that the total cost, including tuition, is about $1,200 - $1,300. Acting Mayor Stigney stated his opinion is that to send a new employee, a probationary employee, to Florida is an unnecessary expense for taxpayers. He said it is a frivolous expense and he does not support it. Councilmember Gunn said that the employee cannot help the date of the conference, versus her date of hire. She said if this were a two or three year employee, there would be no question. She stated she believes the Council needs to give the employee every opportunity to build skills. Acting Mayor Stigney said that he supports any opportunity for the employee to go to local conferences, but does not believe the Council should spend the money on a national conference. Ayes - 3 Nays - 1 (Stigney) Motion failed. Mounds View City Council June 12, 2006 Regular Meeting Page 19 • It was noted that three affirmative votes are required for approval of this item. N. Resolution 6849 Resolution Authorizing Severance Package for William Hanggi, Mounds View Public Works Lead Utility Worker. Assistant to the City Administrator Crane stated that William Hanggi has retired from the Mounds View Public Works Department effective May 31, 2006 and Resolution 6849 authorizes severance payment to William Hanggi. She stated these payments are in accordance with the Mounds View Personnel manual and the current Public Works Bargaining Agreement. Assistant to the City Administrator Crane stated that Resolution 6849 provides a cash payout for Mr. Hanggi's compensatory time hours of $1,212 (50 hours comp time x $24.24 hourly wage). She explained that this is in accordance with the current Public Works Collective Bargaining Agreement. Assistant to the City Administrator Crane stated that Resolution 6849 provides a payout of Mr. Hanggi's vacation hours. She stated that in accordance with the current Public Works Collective Bargaining Agreement, Mr. Hanggi is eligible to contribute accrued vacation time towards the Retirement Health Savings Plan. She explained this is calculated as 302.19 hours times his hourly salary of $24.24, which equates to $7,325.09 contribution to the Retirement Health Savings Plan. • Assistant to the City Administrator Crane stated Resolution 6849 also provides for a payout of Mr. Hanggi's sick time. She stated that in accordance with the Public Works Collective Bargaining Agreement, he is eligible to contribute 65% of his accumulate and banked sick leave for contribution to the employee Retirement Health Savings Plan. She stated this is calculated as 973.16 accrued/banked sick hours times 65% times his hourly rate of $24.24. She explained this comes to $15,333.01 to be contributed to the Retirement Health Savings Plan. Assistant to the City Administrator Crane stated that Staff recommends severance payment and contribution to the Retirement Health Savings Plan for William Hanggi in accordance with the City's Personnel Manual and current Public Works Collective Bargaining Agreement. She explained that this Severance Package may be adjusted at a later date pending the ratification of the 2006 - 2007 Public Works Contract. She stated that if the Severance Package is adjusted, then it will be presented at a City Council meeting with approval by Resolution. Councilmember Flaherty stated that every time this issue comes up, he asks if anybody ever takes sick hours and wondered if it was more like a savings account. He stated people retire and have large amounts of hours accrued in sick time and he can't believe that nobody gets sick. Administrator Ulrich stated that Mr. Hanggi was a 33-year employee, that the contracts were negotiated to only allow 50% of a maximum of 960 hours. Mr. Hanggi is the last of the Public . works employees to be grandfathered in at the higher 65% rate. Mounds View City Council June 12, 2006 Regular Meeting Page 20 • Finance Director Beer said these types of payout are the exceptions and that Mr. Hanggi is the last of the Public Works employees who are eligible for the 65% and the rest are covered by 50% of up to 960 hours. MOTION/SECOND: GUNN/FLAHERTY. To waive the reading and adopt Resolution 6849, A Resolution Authorizing Severance Package for William Hanggi, Mounds View Public Works Lead Utility Worker. Acting Mayor Stigney stated Mr. Hanggi will be missed and congratulated him on his retirement. Ayes - 3 Nays - 0 Motion carried. O. Resolution 6844 Appointing Mike Schnur as the Lead Utility Worker and Authorizing the Advertisement for the Vacancy in the Water Division of the Public Works Department Public Works Director Lee said with the retirement of Mr. Hanggi, there is a vacancy. He said the position was advertised in the Pioneer Press, Star Tribune and Mounds View/New Brighton Bulletin. He said there were six applicants and only one met the requirement of having a Class B license. He said that Mr. Schnur was the only applicant who met the requirement and that he is already a City employee. He requested the appointment be made as of June 1St since Mr. Schnur has been acting as the Lead Worker since then. He said based on the Public Works Collective • Bargaining Unit contract, the pay for this position would be $24.24 an hour. MOTION/SECOND: FLAHERTY/GUNN. To waive the reading and adopt Resolution 6844, A Resolution Appointing Mike Schnur as the Lead Utility Worker and Authorizing the Advertisement for the Vacancy in the Water Division of the Public Works Department. Ayes - 3 Nays - 0 Motion carried. The Mounds View City Council recessed at 8:50 p.rn. The Council resumed the meeting at 8:53 p.m. P. Resolution 6845 Approving Change Orders No. 27 through 30 for the City Hall Rehabilitation Project Public Works Director Lee said the City has submitted Change Orders 27 through 30 for approval. He said at the last meeting, there were several questions regarding the City Hall project. He explained that an automatic door opener in the front entry way is not required by the Americans with Disabilities Act (ADA), and that it should be easy to open, but quotes will be requested for the re-installation of the automatic door. Public Works Director Lee stated that the consultant indicated that to go with a matching stacked • brick option in the front of the City Hall would have cost the City an additional $4,000. Mounds View City Council June 12, 2006 Regular Meeting Page 21 Public Works Director Lee addressed. the issue of the gate that was not included and stated there was an additional cost incurred by the City. He stated Staff is recommending approval of Change Orders 27 through 30 and is looking for direction. Acting Mayor Stigney stated the automatic door openers were taken out and that SEH said it was decided. not to include them because of cost issues. He said not including the automatic doors is not acost-saving issue, it is an issue of it being accessible to those in wheelchairs. He explained someone made a blunder, because the doors open out instead of in and that the automatic doors should be re-installed at SEH's costs. Acting Mayor Stigney addressed the front vestibule and stated that it is a problem because it looks different than the rest of the City Hall. He stated that as far as the $4,000 is concerned, someone should have addressed the issue of the bricks matching before it was done. He stated that he believes the architect or whomever made the decision should make the corrections without charge. Acting Mayor Stigney also said the front of the chambers look bad. and asked who authorized the new front. He asked how it came about. He stated it is his opinion that all they needed was wheelchair access and now they got the entire new front. He asked that the people who made the mistake fix it. Councilmember Flaherty agreed with Acting Mayor Stigney, particularly with the bricks on the • front vestibule that do not match. He said of course the Council wanted it to match and believes it is something that could be taken care of, or at least considered. He asked if the City still has the automatic doors, and Public Works Director Lee said he does not know. He said they were eliminated because they were a cost saving measure and because they cost a lot to maintain. Councilmember Gunn said she cannot believe the automatic doors are not required. Acting Mayor Stigney said the current doors might minimally meet the standard, but the City is taking a step back without the automatic doors. Public Works Director Lee responded he will look into what happened to the doors and get a quote. Councilmember Flaherty said that he is bothered that the Council may have change orders that will eventually equal the original amount. Acting Mayor Stigney asked when it will stop, and stated he believes the additional costs will end at $1.6 million, which was originally proposed. Public Works Director Lee stated that in the packet there are all outstanding Change Orders and that it should be a complete list. Councilmember Flaherty asked Public Works Director Lee to look into the automatic doors, whether the City still has the old ones, and if they will get bids for new ones. He said he would not have voted for it as a ``cost saving measure" • MOTION/SECOND: FLAHERTY/GUNK. To waive the reading and adopt Resolution 6845, A Resolution Approving Change Orders No. 27 through 30 for the City Ha11 Rehabilitation Project. Mounds View City Council June 12, 2006 Regular Meeting Page 22 • Acting Mayor Stigney stated that he believes the architect, designer, or whomever made the mistake should come back and f x it themselves. Councilmember Gunn replied that the Change Orders refer to other things. Acting Mayor Stigney said that, as he said before, there needs to be an ending point and that the architect should fix things at their cost. Councilmember Gunn asked if Acting Mayor Stigney will vote no on all of them, for example the fire extinguisher. Acting Mayor Stigney replied that with they way they are presented, he would vote against them unless someone wants to separate them out. Acting Mayor Stigney said he did not vote for the last batch of changes either. Councilmember Gunn stated her support to postpone action until the next Council meeting because she believes they need to be brought before a full Council. Acting Mayor Stigney asked if they need three affirmative votes to pass, and Administrator Ulrich said yes. Councilmember Flaherty WITHDREW MOTION to approve and Councilmember Gunn withdrew her second. MOTION/SECOND: FLAHERTY/STIGNEY. To postpone consideration of Resolution 6845, A Resolution Approving Change Orders No. 27 through 30 for the City Hall Rehabilitation • Project until next Council meeting. Ayes - 3 Nays - 0 Motion carried. Q. Resolution 6847 Approving Change Order No. 1 for the Random Park Building Replacement Project Public Works Director Lee said that on May 22"d, Staff presented a proposal to add a sprinkler to Random Park building. He stated that Change Order No. 1 includes the sprinkler system itself a 4-inch water system to support the sprinkler system itself, and cone-inch domestic water service line. Public Works Director Lee stated the quote is now $52,322.55 which is about $8,980 more than was quoted on May 22"d. He stated the original quote did not include restoration of Long Lake Road or traffic control entering the park and making the connection to the 12 inch main on Long Lake Road. Public Works Director Lee said the quote did not include apost-indicator valve which is located on outside of building nor aone-inch service line and the current 3/4-inch. He said it did not include 1 "service line, and that that current 3/4" -inch line would not accommodate the current toilets. He said it makes sense to put in 1' service line. He explained that the original $4,000 fee was negotiated down to $2,500. He stated staff is recommending approval. Mounds View City Council June 12, 2006 Regular Meeting Page 23 • Councilmember Flaherty said that this request took the City by surprise. He said that this should have been caught and asked if there is any work the City can do itself, rather than having it contracted. Public Works Director Lee replied that Staff looked into the possibility and the major cost is the excavation and that the City could not do it any cheaper. Councilmember Flaherty asked if the City is qualified to do it, and Public Works Director Lee said yes. Councilmember Flaherty asked if the City could do it, and Public Works Director Lee said that it would cost just as much. Public Works Director Lee stated the contractor could do it more efficiently than the City. Councilmember Flaherty said it will cost time, but is wondering if the City can reduce expenditure by using City employees and not have the complete expenditure by contracting. Public Works Director Lee replied that it will cause delays in the building and that Staff can look into it and inform the Council about what will not get done. He said that City crews would be pulled off other projects if they were asked to also do the Random Park project. He said even considering the possibility of the City doing it, it would cause a delays in other projects. MOTION/SECOND: GUNN/FLAHERTY. To waive the reading and adopt Resolution 6847, A Resolution Approving Change Order No. 1 for the Random Park Building Replacement Project. Acting Mayor Stigney commented that rather than pumping $52,000 into Random Park for the • sprinkler system, the Council should be looking at the code because the Council has made a more restrictive requirement and that he does not support putting money into the project. Ayes - 2 Nays - 1 (Stigney) Motion failed. It was noted that three affirmative votes are required for approval of this item. Councilmember Flaherty asked what happens next. Finance Director Beer asked Acting Mayor Stigney if he would consider a modified resolution. Public Works Director Lee pointed out that the contractor could file damages against the City and that they are losing patience. Administrator Ulrich asked what are the consequences. Acting Mayor Stigney said it is understandable, and that the City needs to look at changing the requirement. Councilmember Flaherty asked how the Council brings this issue back. Administrator Ulrich said it would have to be brought back and be reconsidered on the next agenda. Councilmember Flaherty asked what it does to the contract. Public Works Director Lee stated that the contractor would be allowed to finish the building and it would have to be retroactively • fitted with sprinklers. He said the contractor may be able to wait a few weeks. He said the current contractor could finish without sprinklers on their time schedule. Mounds View City Council June 12, 2006 Regular Meeting Page 24 • Councilmember Gunn asked how the Council can bring this issue back. Administrator Ulrich said it needs to be a motion to reconsider on the next agenda and either Councilmember Gunn or Councilmember Flaherty could bring it back for consideration. 8. CONSENT AGENDA Councilmember Flaherty asked to remove Items B, G, and J. A. Licenses for Approval B Do~..h.t;.,.. ~4A7 A.........,;,,...~ Dom..>;~;~,.. ~.. T .> > C;1..1~l~ C.,.,~.........~ D.~..L....o L• ll{.JVl , . C. Resolution 6850 Appointing North Suburban Cable Commission Alternate Member D. Set a Public Hearing for Monday, June 26, 2006 at 7:05 pm to Consider the Second Reading and Adoption of Ordinance 773 Amending the Zoning Code Relating to Landscaping, Fences and Retaining Walls E. Set a Public Hearing for Monday, June 26, 2006 at 7:10 pm to Consider a Rezoning Request Submitted by Integra Homes Relating to the Properties at 2901 and 2925 County Road 10 and the West Half of 8060 Groveland Road to R-3, Medium Density Residential F. Set a Public Hearing for Monday, June 26, 2006 at 7:15 pm to Consider a Conditional Use Permit for Midwest Motor Ezpress Located at 2169 • Mustang Drive. A ,, ~L~ T~~~~ ~r ~-+ !`_ D l.,ti.,.. 6843 tYA`..~.cc~ttri~i9$-Vi'-~..aaa-i-...,f~ Dl.,~> A.....,....tTY.1-i-r-via v=c@S 9::nzv~ H. Resolution 6846 Awarding a Construction Contract for the Hidden Hollow South Street and Utility Installation Project I. Resolution 6827 Authorization to hire Justin Solberg as Part Time Public Service Officer for the Police Department. J. ~c° vi$t~9~u-v$~-1-~Ar'~'rtlii~i-iiut~6a-te~D"r"r^cusci~a-~ccpliriziaeiit-s~J,• •~a f`., i'.. 4,v~aled c...,,.,a r~,. „~}• n.,.,,..e>}*~roan-r-og~e~si;~~~%r-=~~ MOTION/SECOND: GUNN/STIGNEY. To Approve the Consent Agenda as amended. Ayes - 3 Nays - 0 Motion carried. B. Resolution 6842, Approving a Revision to Larry Siluk's Severance Package. Councilmember Flaherty explained he pulled Item B but has no questions. MOTION/SECOND: FLAHERTY/GUNN. To waive the reading and adopt Resolution 6842, A Resolution Approving a Revision to Larry Siluk's Severance Package. • Acting Mayor Stigney said it is an additional payout per the agreement. Mounds View City Council June 12, 2006 Regular Meeting Page 25 • Ayes - 3 Nays - 0 Motion carried. G. Resolution 6843 Accepting the Donation of Children's Play Apparatus from YMCA for the Community Center. Councilmember Flaherty explained he removed Item G because of the time frame. Administrator Ulrich said the playground was supposed to be moved this week or next and said he did not know when it would be moved. He said he would check and report back. Councilmember Flaherty would like to thank the YMCA for the gift. He explained that new, it would cost $9,000 - $12,000. MOTION/SECOND: FLAHERTY/GUNN. To waive the reading and adopt Resolution 6843, A Resolution Accepting the Donation of Children's Play Apparatus from YMCA for the Community Center. Ayes - 3 Nays - 0 Motion carried. J. Resolution 6851 Authorization to Purchase a Replacement Squad Car for a Totaled Squad Car utilizing Payment from Progressive Insurance Companies and Funds from the Vehicle and Equipment Fund. Councilmember Flaherty asked Police Chief Sommer for a report. Police Chief Sumner stated the patrol car was totaled on County Road 10 and Edgewood. He said the other driver's insurance company would accept 100% of the liability for the damage and will cover cost of the squad car and removing police equipment and installing it onto another car. He explained that the car will cost $12,000 and equipment is $3,000. He said that Superior Ford will offer a new squad car at a cost of $23,000. He stated Staff recommends it be replaced with funding from the insurance company and $11,000 from vehicle and equipment fund, which will return the fleet to its previous operational number. Councilmember Flaherty asked if officer was hurt and Chief Sommer said yes, but the officer was not hospitalized. He said the Officer is still receiving follow-up care. Acting Mayor Stigney asked if anyone has checked the blue-book value of the car. Chief Sommer said that it is the blue-book value of the car and that vehicles do depreciate quickly in the first few years. Chief Sommer said that $12,000 is the cost of the car as determined by the blue-book. Acting Mayor Stigney asked if it was the blue book value as determined by the insurance company or by blue book. Chief Sommer responded it is his understanding that it is an accurate figure. He stated it is the insurance company's offer. Administrator Ulrich said that the City Mounds View City Council June 12, 2006 Regular Meeting Page 26 • should determine the value. Acting Mayor Stigney asked if tax value was included and Police Chief Sommer said that the tax value is not included. Acting Mayor Stigney said it is his understanding that the insurance company should pay for the replacement value including 6% tax. Acting Mayor Stigney said he wants to make sure the City is getting a fair deal Public Works Director Lee said the insurance company could debate if they wanted to pay the entire value and Acting Mayor Stigney asked what 100% of the loss is. Police Chief Sommer said he could try and re-negotiate with the insurance company but pointed out that the current offer is the best he can get with the insurance company since he has already negotiated with him. Acting Mayor Stigney asked if the City's insurance company has negotiated with the other insurance. Police Chief Sommer said that the City has a $25,000 deductible and will not negotiate with the other insurance company. Police Chief Sommer said that it is the City's responsibility. Finance Director Beer said he would ask the City's insurance to look into the situation. Police Chief Sommer said he has met with the City's agent and the deductible is higher than the value of the vehicle. Chief Sommer stated he would like approval to move forward with the understanding that if it is . under-valued it will be re-negotiated. He said that there would be a stipulation that it would be re-negotiated. MOTION/SECOND: STIGNEY/FLAHERTY. To adopt Resolution 6851, A Resolution Authorization to Purchase a Replacement Squad Car for a Totaled Squad Car utilizing Payment from Progressive Insurance Companies and Funds from the Vehicle and Equipment Fund subject to staff checking whether the settlement is fair and look at the tax issue before accepting insurance payout. Ayes - 3 Nays - 0 Motion carried. 9. JUST AND CORRECT CLAIMS Councilmember Flaherty asked about page 13 and the amount of shredding that is done. Administrator Ulrich replied that quite a bit of shredding is done and that the shredding company does large-volume, cross-cut shredding. Police Chief Sommer said the service picks up the documents which are shredded onsite. He said a staff member accompanies the shredding company to the shredding. Police Chief Sommer said ahigh-powered shredder and maintenance would cost a couple thousand dollars and that it is about an equal cost. • Mounds View City Council June 12, 2006 Regular Meeting Page 27 • Councilmember Flaherty said he can justify the documents from the police department being shredded by an outside company, especially considering staff time. Councilmember Flaherty addressed page 14, Spring Lake Auto, asking about a squad car repair. Police Chief Sommer replied that it was body damage from another squad car accident. Acting Mayor Stigney asked about particulars and Police Chief Sommer said it was an accident involving an officer who was checking a building and hit a post going around the building. Acting Mayor Stigney asked about page 7, advertising on the internet for $51.16. Finance Director Beer replied that it is internet access for the anyone who uses the banquet facilities. Acting Mayor Stigney asked if the cost was high, and Finance Director Beer said it is Comcast internet and it is expensive. Acting Mayor Stigney asked that if all internet was free in the City buildings, why it cannot be hooked up in the banquet room. Finance Director Beer replied that it would have to be allowed behind the City firewall and that is not a good idea. Acting Mayor Stigney asked about an item on page 9 for the arms for chairs, and Police Chief Sommer replied the chairs were not ordered with arms and they needed to be added. He said it would come out of the Police Department budget, not project costs. MOTION/SECOND: GUNN/STIGNEY. To approve the Just and Correct Claims as Presented. • Ayes - 3 Na s - 0 Motion carried y 10. APPROVAL OF MINUTES A. May 22, 2006 City Council Meeting Minutes MOTION/SECOND: FLAHERTY/GUNN. To Approve the May 22, 2006 City Council meeting minutes as presented. Ayes - 3 Nays - 0 Motion carried. 11. REPORTS A. Reports of Mayor and Council Acting Mayor Stigney reminded viewers about the street meeting June on 15~' that will be broadcast live on Channel 16 and open to the public in the City Council Chambers. He said it will also be rebroadcast. He said it will deal with reconstruction with streets. even those not on the agenda, and will answer many questions. . Councilmember Flaherty addressed an e-mail from a resident regarding recreation fires. The resident said he is disappointed that Mounds View allows open burning of trash, furniture, and Mounds View City Council June 12, 2006 Regular Meeting Page 28 • wood. He said there are ordinances and if there is burning that is not allowed, to please contact . the City. Councilmember Flaherty said he wanted to bring it to the attention of the City and Police that there are these kinds of things going on. Administrator Ulrich invited Councilmembers to attend the Ramsey County League of Local Governments meeting. Administrator Ulrich said the bill regarding the Cable Access Channel passed last week. He mentioned that Representative McCullum did vote against it, but it passed with a large margin. He stated there will be an update. B. Reports of Staff None. 1. Police Department Quarterly Report Police Chief Sommer said that during the time of the report, January -March 2006, the Department was based out of the Ramsey County Sheriff s Office Arden Hills during the City Hall/Police Department was remodeled. Police Chief Sommer said the department received 1559 calls to the 911 service which was close . to the number received last year during the same time. He said the department issued a total of 603 driving citations, which consisted 275 court citations, and 328 administrative citations. He explained there were 130 cases assigned for further follow-up with investigators. Police Chief Sommer said there were 382 crime reports of more serious crimes. He stated that 90 of those were theft or fraud, which remain the most common type of crime. He said DWI and other accidents with criminal activity are the second most common, and that damaged property and trespass violations are the third most common crimes. Police Chief Sommer gave a report from the School Resource Officer in Edgewood Middle School, which funded by School District. He stated Officer Kirk Leach who will be moving into a role as an investigator and the school position will be open for another officer assignment. Police Chief Sommer gave a report from the Crime Prevention Officer, which listed courses received by City staff members. He addressed a grant that was received from MNDot for officers to do extra shifts enforcing traffic. He stated the current concentration if for seatbelt violations. Next year, Chief Sommer said the department is looking to combine efforts with the New Brighton, Roseville, and Ramsey County Sheriff's Departments. Police Chief Sommer stated that Ramsey County's 800 Megahertz system will begin testing in Mounds View in next month or so. He stated that the Police Department will be one of the first • to make the transition to the new system and it will occur as soon as it is offered. He said it will Mounds View City Council June 12, 2006 Regular Meeting Page 29 • • take about a year to transition all cities to the new system and St. Paul will be the last. Police Chief Sommer also stated that he attached a financial report from first quarter. Acting Mayor Stigney commented that he noticed zero noise complaints from January -March, but there were noise complaints from citizens about Robert's Sports Bar who spoke earlier. Chief Sommer stated he will note the complaints on the next report. Acting Mayor Stigney said at the last work session, they discussed window treatments, and noted that Associate Heller saved $142 by re-bidding. Acting Mayor Stigney commended Associate Heller for her work. 12. Nezt Council Work Session: Nezt Council Meeting: Monday, July 17, 2006, at 7 p.m. Monday, June 26, 2006, at 7 p.m. 13. ADJOURNMENT The meeting was adjourned at 9:44 p.m. Transcribed by: Lauren McKay Timesaver Off Site Secretarial, Inc. •