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HomeMy WebLinkAboutMinutes - 2006/12/11PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting December 11, 2006 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 7:20 P.M. 1. MEETING IS CALLED TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Marty, Stigney, Gunn, Flaherty, Thomas NOT PRESENT: None 4. APPROVAL OF AGENDA A. Monday, December 11, 2006 City Council Agenda MOTION/SECOND: Gunn/Stigney. To Approve the Monday, December 11, 2006 agenda as presented. Ayes - 5 Nays - 0 Motion carried. 5. PUBLIC INPUT William Werner of 2765 Sherwood Road pointed out that the Council meeting began late and then said that it looks like Item B has five minutes allotted to it and asked for clarification. Council explained the practice of setting public hearing times in five minute increments. 6. SPECIAL ORDER OF BUISNESS None. 7. COUNCIL BUSINESS A. Resolution 6984, Adopting the 2007 Fee Schedule City Administrator Ulrich reviewed the changes to the Fee Schedule with Council. Mounds View City Council December 11, 2006 Regular Meeting Page 2 • Mayor Marty opened the public hearing. There were no public comments. Mayor Marty closed the public hearing. Council Member Flaherty said that he feels that the administrative fines are confusing for tobacco penalties for individuals. He then said that he would like to know why the second offense cost is lower and how this is enforced. Carol Mueller explained that there is a fine for the business and the individual who failed to check the identification of the minor. Mayor Marty asked for information on rough in finish fees said that he feels that the three season porch fees seem high. Community Development Director Ericson said that the fee is going up to $78.00 per square foot for finished square footage so the fees were all increased to be consistent. He then said that if it were heated the price would be $78.00 per square foot. Mayor Marty asked why the fees were more for an amendment to a CUP than an amendment to a PUD. Director Ericson explained the difference noting that the PUD amendment is less costly to process than an amendment to a CUP. Mayor Marty asked for clarification on set up fees for Class One. Finance Director Beers indicated that only licensed caterers can rent the kitchen. Council Member Thomas indicated Council discussed the local political groups being included and that has not been done. City Administrator Ulrich indicated that they have typically been considered as Class Two as a Mounds View resident. Council Member Thomas indicated that it is not consistently applied because it is not referenced. She then said that she would like it added. Council agreed. Mayor Marty commented on ball field rental and said that striping the fields and dragging the fields costs more than the $5.00 fee and asked whether it should be increased. Mounds View City Council December 11, 2006 Regular Meeting Page 3 . Council Member Gunn indicated that the leagues maintain the fields so the City Staff is not required to do very much maintenance. Mayor Marty said that there are different rates for Silver View and the City Hall picnic shelters. He then said that he understands for Silver View because there is a structure with facilities but at City Hall there is just a roof. Council Member Gunn indicated that part of that was because it does have electrical service to it and there is garbage pick up to it and it handles the larger groups and clean up is a lot more. MOTION/SECOND: Gunn/Thomas. To Approve Resolution 6984 Adopting the 2007 Fee Schedule as Amended. Council Member Stigney asked why deposits for damages are being removed and said that he is not sure that one of them applies to the kitchen or the multipurpose rooms. Council Member Stigney said that he feels that the 10% roster of Mounds View residents is low for athletic associations use. Council Member Stigney said there is nothing about the water meter fee that everyone is paying and he is curious to know why that is not covered. Council Member Gunn explained that the damage deposits have been moved to another section and the park shelter one has been changed. Council Member Stigney said he sees nothing for the Community Center for a deposit. Council agreed to add a deposit for the Community Center to the Fee Schedule. Mayor Marty indicated that he had asked for at least 10% Mounds View and he would be fine with the 10% at this time. Council agreed. Council asked that the water meter fee be added to the Fee Schedule. Ayes - 4 Nays - 1(Stigney) Motion carried. B. Public Hearing to Consider Resolution 6968, Approving a Preliminary Plat and Development Review for the Knollwood Place Townhome Development by Integra Homes; Planning Case DE2006-005 and MA2006-003 Planning Associate Heller reviewed the Preliminary Plat request with the Council. She then provided a development review for Council consideration reviewing the parking requirements for the townhomes, setback requirements and access points. Mounds View City Council December 11, 2006 Regular Meeting Page 4 Planning Associate Heller indicated that fire sprinklers will be required due to the configuration of the site and dead end streets not allowing for fire truck movements. Planning Associate Heller indicated that these are two story townhomes with vinyl siding and brick and stone accents with atwo-car garage with at least 1800 square feet. Planning Associate Heller discussed snow storage and noted the Planning Commission recommended that snow storage not be allowed on site as there is limited area to do so and it may cause issues. Planning Associate Heller indicated that the landscaping plan will provide screening since it abuts single-family homes and they are also including a privacy fence along the westerly property line and the existing chain link fence will remain. Planning Associate Heller indicated that there is some signage allowed for the development but Integra does not plan to include a sign at this time. Planning Associate Heller indicated that the lighting is minimal and the Planning Commission thought that perhaps more lighting should be required out from the street circle and the Developer has agreed to help illuminate the other areas. Planning Associate Heller reviewed the infiltration basins planned for the site. She then said that the infiltration pond should alleviate the drainage issues raised by the neighboring property owner either with the installation of this development or after the property owner makes some small grading changes. Planning Associate Heller indicated that the Developer will pay a trail system fee in anticipation of future trails. Planning Associate Heller reviewed the major subdivision portion of the request with Council. She then said that Staff recommends a park dedication fee based upon a per unit basis versus the land value. Planning Associate Heller indicated that utilities will be underground with additional fire hydrants shown throughout the site. She then said that Bonestroo has reviewed the plans and made recommendations that have been sent to the Developer to make the changes. She further indicated that there are no wetlands on this properly but the Applicant must still receive approval from Rice Creek Watershed District for this proposal. Planning Associate Heller indicated that the Major Subdivision meets all the Code requirements as does the Preliminary Plat request and the Planning Commission has recommended approval of this request. Mayor Marty opened the public hearing. Mounds View City Council December 11, 2006 Regular Meeting Page 5 • Mark Schnorr of 2949 Highway 10 said that he has three questions. The first is that PUD means that the whole area is developed not just the center. He then asked what will go on either side of the townhome development, as there will not be a minimum of three acres for development. Mayor Marty said that his opinion is that he would like to find a plan to develop the whole area rather than doing this as a piece meal as that limits development of the adjacent property. Council Member Flaherty indicated that the zoning of the property determines the allowed usages. Mr. Schnorr indicated he has a safety concern, as there will be children in the townhomes. Mr. Schnorr asked why residents were not notified that they were planning to develop the area to the west side. He then said that they are disappointed that they were not approached to participate in the development of this area. Mayor Marty closed the public hearing. Council Member Flaherty said that he is gun shy as there is a major twin home development going in at Long Lake Road and County Road H2 and what happened is they cleared out the vegetation and left an open space and it will not be developed on schedule. He then asked what the assurances are that the same thing will not happen here. He further asked if they will try to sell the homes before the development. Mr. Barasa, representing the developer, Integra Homes, said that Rice Creek requires that if the development goes forward there is a certain number of days to establish turf and they will meet those requirements to ensure that there is no erosion. Council Member Flaherty said that he does not want to lose the vegetation and wooded area if the site is not going to be completely developed. Mr. Barasa explained that Integra typically builds a certain number of spec or model homes and once those are sold then he builds out the rest of the homes on the site. He then said that this is a bit market driven and they are planning for a two to three year buildout of the site. Council Member Flaherty said that he does not want Integra to go in and clear out all the trees and leave the site sitting undeveloped. He then asked if Integra would consider only clearing the space for the homes that they are going to build at that time. Mr. Barasa indicated that it is cost effective and easier to establish all the grading on the site at once. He then said that he could discuss with the Developer staging the development and leaving the existing vegetation until the market determines the need to build out the rest of the site. He further said that they would consider it but he is not sure that it is ideal because that disrupts homeowners that move into the location first. Mounds View City Council December 11, 2006 Regular Meeting Page 6 • Director Ericson said that staging of the development can be negotiated as part of the Developer's Agreement and for part of Final Plat approval. Mayor Marty asked what guarantee the City has that the site will be completed. Director Ericson said that he does not think that it is possible to put into a Development Agreement a requirement for construction of all units within five years but the City can require that the Developer come back before Council to explain if there are delays in the project. Council Member Gunn said that the houses go up after the lots are purchased and part of the townhome concept is that people think it is like an apartment complex that goes up all at once. She then said that the City should look at this more like a housing project than an apartment complex because they are usually done in sections not all at once. Mayor Marty indicated that the other developers and homeowners that wish to subdivide their lots pay park dedication fees of 10% and Medtronic was not happy to pay $865,000 but they eventually agreed. He then said that this park dedication fee would be $42,240 but they would like to do it at $2,000 per unit for $38,000 and he feels that the park dedication fees are made up from subdivisions so it is important to stick to the requirements to allow that fund to continue to grow to provide improvements for the City's parks. Mayor Marty said that he would like the Developer to pay the entire 10% park dedication fee and said that he is a little concerned about the snow removal on the site. He then said that there is no room to push the snow off the ends of the streets and keep it on the property and he does not think that it is realistic to be able to handle removal of snow from the site as proposed. Director Ericson agreed that it is not realistic in terms of snow storage and said there is a strict requirement that may be too strict and he would suggest an amendment that no snow storage is stored on the site that would reduce the number of parking stalls or reduce drive aisle widths. He then said that Rice Creek Watershed District is okay with snow being pushed into infiltration ponds. Director Ericson said that Minnesota Statutes require that the City notify the Developer in writing of their right to appeal park dedication fees that may be paid by the Developer and that amount would be paid into escrow and up to 18 months later there is action on whether the fee is appropriate. He then said that he feels it is in the City's best interest to negotiate something that makes sense and is reasonable for the site. He further said that the Developer may appeal the full 10% of the park dedication fee but that can be required. Mayor Marty said that there are dead end streets and that is why the Fire Department is requiring sprinklers for all the buildings but he is concerned with garbage trucks that would be unable to turn around on the site. Director Ericson indicated that has been considered. Mounds View City Council December 11, 2006 Regular Meeting Page 7 • Mayor Marty asked if all impervious surface runoff will be contained and handled in the ponds proposed. He then asked if the pond in back will be a Swale to ensure that nothing runs onto the property to the north. Director Ericson indicated that was correct. Council Member Thomas indicated that if the park dedication fees are to be reduced she would like justification for the reduction. She then said that this development will increase the number of people here that will use facilities and she feels that is justification not to lower the fee because the property is being changed from commercial to a residential use. Council Member Thomas indicated that she is fine with being flexible but she is concerned with how they would remove snow because the dead end streets would be the natural shove off process that would move snow onto adjoining properties and she would not want that allowed. She then said that there is minimal setback to that property and there would be snow added to their property and that is not fair. Director Ericson indicated that would be added to the development agreement. Council Member Flaherty said that the property can be developed as R1 adjacent to this property. • He then said that Mr. Schnorr would need to discuss with the Developer why they did not approach him on this development. Mayor Marty indicated that he is not in favor of this project as it is only a portion of the site and he would like the Developer to consider assisted living as he feels there is a need for that type of housing in the City. He further said that with children that would live in that area the City is developing a trailway system that will travel the length of County Road 10 on the north and south side for the near future to provide access for pedestrians. MOTION/SECOND: Stigney/Gunn. To Waive the Reading and Approve Resolution 6968, Approving a Preliminary Plat and Development Review for Knollwood Place Townhome Development by Integra Homes. MOTION/SECOND: Stigney/Gunn. To Amend the Park Dedication Fee to $42,240 which is the 10% of land value. Ayes - 5 Nays - 0 Motion carried. Director Ericson read language amending the snow storage requirements. Council Member Thomas asked for language to require that no snow will leave the property lines. • Mounds View City Council December 11, 2006 Regular Meeting Page 8 MOTION/SECOND: Gunn/Thomas. To Approve the Snow Storage Amendments as Read by Director Ericson. Ayes - 5 Nays - 0 Motion carried. Council Member Flaherty indicated that he feels 10% park dedication fee is fair but he is really concerned that this property will be cleared and the City will be waiting for it to develop. He then said he will not support this. Director Ericson indicated Staff will work with the Developer to negotiate phased grading of the site to eliminate the clear cutting of the site. City Administrator Ulrich suggested that a condition could be suggested that a phasing be required for the clearing of the property. MOTION/SECOND: Gunn/Stigney. To Add a Requirement for the Developer to Submit a Phasing Plan for Clearing the Vegetation from the Property. Ayes - 5 Nays - 0 Motion carried. Mayor Marty indicated that New Brighton is developing hundreds of condos right now so this area of the City is saturated with them. He then said that those condos have a lake view. He further said that he feels that this takes a marketable property and takes out the middle section limiting any redevelopment potential for the area. Ayes - 3 Nays - 2(Flaherty/Many) Motion carried. C. Public Hearing to Consider Resolution 6982 Approving the 2007-2008 Street and Utility Improvement Project Feasibility Report Public Works Director Lee explained that this public hearing would provide residents an opportunity to be heard on this project, which is a requirement because part of this project is funded through the assessment process. Director Lee explained the 2007 - 2008 Streets and Utility Improvement Project for Council and those in attendance. Director Lee provided an overview of the costs associated with the project and outlined the funding sources for the project. Director Lee indicated that the single family homes are proposed to be assessed $3,164.84 and other properties the assessment would be based on front footage costs of $98.33 per front foot. Director Lee explained that there is a 60-day appeal period required and the next action is to order the project as outlined if Council makes the determination to proceed. Mounds View City Council December 11, 2006 Regular Meeting Page 9 • Director Lee indicated that Staff has the survey information and will consider it when planning for this project. He then said that if Hillview is narrowed then a sidewalk would be included and the street would be signed for no parking. Director Lee reviewed the issues raised by the survey and explained how Staff proposes to resolve the issue. He then said that all of the issues are design issues that can be resolved in the beginning of next year should the project proceed. Mayor Marty opened the public hearing. Robert Glazer of 2625 Hillview Road said that he has questions regarding the project. He then asked if the street improvement project was something that the residents requested. Mayor Marty indicated that a majority of the residents did support the project. Mr. Glazer asked for the results of the survey. Director Lee indicated that the first question was whether residents were generally in favor or opposed and noted that 70.4% were in favor of the project. • Mr. Glazer asked for information on how much the survey has cost the residents. Staff indicated that information was not available at this meeting but could be provided. Mr. Glazer indicated that the assessment proposal has gone from $2,500 up to $3,500 per person and he would like to know whether his taxes will go up $300 per year for 10 years. Director Lee indicated that it would be closer to $400 per year for 10 years. Mr. Glazer indicated that his question is whether the project will appreciate the value of his home and whether that will increase his property taxes through increased valuation. Director Lee indicated that the value has to increase based on the assessed improvements and, if it does not, the City would have the burden of showing that there was value to the improvement. Mr. Glazer said that he has an interior lot and he pays as much for the assessment as a corner lot and they have twice as much frontage. Mayor Marty explained that the City had developed a policy for handling corner lots. Mr. Glazer said that it feels like this is being shoved through for approval. Council Member Thomas said that this will not be approved until sometime in June 2007 and there will be new Council Members at that time. Mounds View City Council December 11, 2006 Regular Meeting Page 10 Council Member Gunn said that this is not being rushed and it will follow the construction schedule and has been under consideration for a long time. Director Lee addressed the water issues with this project. James Miller of 7980 Fairchild Avenue asked whether there was input from the citizens on the plan to disconnect Hillview and Fairchild from County Road 10. Council indicated that there were discussions for the last year with public meetings. Mr. Miller indicated that he uses the County Road 10 access point to get to Fairchild Avenue and this change would send them past the Kindercare and that will create a visual block for the drivers coming down Hillview to Fairchild because the Kindercare employees park along the street. He then said that this will also increase the traffic on Red Oak. He further said that there are other things that bother him on the design issues but the biggest one is that the streets are 45 or 50 years old and it embarrasses him to live in a City that does not take care of its streets. Mr. Miller indicated that one of the main issues he has is this is a lot of money because his County taxes and school district taxes are going up and that is a struggle for him. Mr. Miller indicated that something needs to be done with the streets but he does not think that curb and gutter are needed. He then said that he has lived there for 26 years and nothing has been done for 26 years and now it is so far gone that it will cost $3,000 for residents to fix it. Mayor Marty explained that the Council Members are common people that pay taxes too and Councils prior to this one had reduced funding for streets down to where nothing could be done. He then explained that the City has been taking funds from the franchise fees and dedicating them to a fund for street projects so that residents did not have to pay for the entire project. Mayor Marty indicated that the City does not have to bond and incur more debt to do this project. He said that the streets are falling apart and it is time to do something about it and, unfortunately, residents will have to contribute toward the costs. He then said that the City has taken steps to limit the amount that residents have to pay by creating a fund for street improvements. He further said that the utilities need to be done at the time the street is reconstructed because the utilities are as old as the streets and it would not make sense to do the street without the utilities. Mayor Marty indicated that, with appropriate maintenance, the streets should last another 30 years. William Werner of 2765 Sherwood Road said that he wishes that each person that talks about the surveys would list how many responses and how many surveys were sent back. He then said that there were a lot of meetings where few people show up. Mounds View City Council December 11, 2006 Regular Meeting Page 11 Director Lee indicated there are 328 properties in the area and the City received 98 survey forms. The public informational meeting had 29 attendees. Naja Werner of 2765 Sherwood Road agreed that the streets are in bad shape but said that this City seems to be spending money on everything but the necessary infrastructure that should be done. She then said that the family center is an example as residents were told it would cost $2.4 million and it went up to over $6 million that was the same thing with the golf course with subsidizing that. She further said that all of that money could have been used to fix the streets and she hopes that future Councils make sure that funds are used for necessities rather than amenities. Ms. Werner indicated that it concerns her that there are so many residents that are not concerned with how their tax dollars are being spent and she feels it is time that more residents pay attention to how money is being spent and not just to what applies to them or their property. Mr. Glazer asked what residents do with their outgoing mail with group mailboxes. Mayor Marty indicated that is part of the design process. Anna Schovanec of 7959 Sunnyside Road said that they feel that this is a heavy financial burden for those on limited incomes and lower incomes in the area. She then said that there are families that may not feel good about this project but they cannot make it here and she feels that the City should do something more to get residents opinions. Ms. Schovanec indicated that they will be petitioning because they oppose the project and that will be time spent on their part trying to stop the project and she feels that if there had been more of an attempt to get resident input the petition would not be necessary. Ms. Schovanec indicated that the $400 is a big input for them every year to allow for curbs on the street when that is not needed and this could be done with just smoothing out the pavement. Tom Kayser of 2370 Hillview Road said he questions the narrowing of Hillview Road and what the purpose is. Mayor Marty indicated that the matter is still up for discussion to slow traffic. Director Lee indicated that Hillview is a wider road than standard City streets and it is being considered for narrowing because there was input that asked the City to narrow the street. Council Member Thomas explained that it was a major trunk road at one time and it is not getting that much use and the wider road speeds the traffic up and narrowing it would slow traffic down. Mr. Kayser indicated that his wife has a daycare and this may impact her business. Mounds View City Council December 11, 2006 Regular Meeting Page 12 • Council indicated that they intend to go out and look at it and consider it carefully. Ms. Schovanec said that she would like to know the actual responses from residents from the survey. Director Lee explained that the responses from the survey done in April are included in the report. He then reviewed the information from the survey. Ms. Schovanec asked what she should have said in her response to ensure that the project is shut down. Council Member Gunn asked whether residents want the street fixed. Ms. Schovanec indicated that she wants the road fixed but does not want to pay for curb and gutter. She then asked what the petition needs to state. Director Lee indicated that Staff can provide the proper wording for that for residents. Ms. Werner asked whether the City is involved in any projects which could be called amenities or projects that could be postponed and the money used for those be applied to this project to lower the assessments for the property owners. • Mayor Marty there are some park buildings but that comes out of the park funds. Finance Director Beer said that would set a poor precedent for future residents who would not have funds toward their project. Ms. Werner asked about spending less money on trails or something and put that money into street reconstructions. She then said that there are a lot of older people on fixed incomes. Ms. Werner asked if this project will be paid for completely or whether there will be bonds sold for this project. Council indicated there will not be bonding for the project. Ms. Werner said that she thinks that the City should tighten its belt and not do some of these things that are being done like the Family Center and the Golf Course and she wants Council to use its resources wisely. Thomas Winiecki of 2748 Sherwood Road said that the longer the project waits the more it costs. Jim Kavanaugh of 7956 Red Oak Drive said that he is in favor of the project because the streets are bad and it is time to do the project and no one wants to pay for it but it needs to be done. • Mayor Marry closed the public hearing. Mounds View City Council December 11, 2006 Regular Meeting Page 13 MOTION/SECOND: Gunn/Flaherty. To Waive the Reading and Approve Resolution 6982, Approving the 2007-2008 Street and Utility Improvement Project Feasibility Report. Council Member Thomas said that if there were any midrange options narrowing Hillview that was to be included in this report. She then asked why the Council is limited to only two options for widths. Director Lee explained that the time to get the feasibility report was limited so Staff was rushing to get it done. He then said that more options for Hillview can be done as part of the design process. Council Member Stigney suggested that since some people are strapped for money he was wondering if Council could extend this up to 15 years to lessen the impact per year.. He then said that he has watched the meetings and asked questions about street reconstruction and he has concerns about the overall cost difference from reconstructing the street as it exists versus putting in curb and gutter and he has not gotten that answer. Council Member Stigney said that this looks like the 2003 with a surmountable bituminous or concrete curb and until the changes are made he will not support the project. • Director Lee indicated that Page 12 and 13 are revised to make comparisons on concrete barrier and bituminous or concrete curb. Council Member Stigney said he would like the information on how the street exists now to be redone the same and without curb and gutter. Director Lee indicated that this is not something that there are specs for any more and that is the issue that this is not a standard practice any more. Mayor Marty indicated that he thinks that his street is a lot of years out and he would prefer to do it now and be assessed at these prices rather than wait and pay more. Council Member Thomas said that she has heard this before and her frustration is that the City cannot get people to take interest in what is going on with these projects. She then said that there have been many neighborhood meetings and three mailings for the first meeting so she feels that there has been a lot of request for input for the project. She also asked that residents continue to follow this and make opinions and comments known. She further said that the streets need to be fixed because it is way past the time to make the repairs. Mayor Marty said that this is not just pavement it is water and sewer underneath and the City Engineers have been telling the Council where the roads are the worst and this is the first step in the next street project. He then asked residents to call the City or call the Council Members to • provide input. Mounds View City Council December 11, 2006 Regular Meeting Page 14 Ayes - 4 Nays - 0 Motion carried. Council Member Stigney abstained from voting, as he has not received the requested information. D. Resolution 6983, Denying Plan Submitted by T-Mobile for a Communications Pole Public Works Director Lee indicated that the proposal was presented to Council for consideration on November 27, 2006 and then reviewed a Resolution of denial for the project. MOTION/SECOND: Gunn/Stigney. To Waive the Reading and Approve Resolution 6983, Denying Plan Submitted by T-Mobile for a Communications Pole With Option 2B as Amended. Council Member Gunn indicated that this is a park and a park is a place where kids go to play. She then said that this is not the place for this. Council Member Flaherty indicated that 2B says that if Park and Recreation still wants to negotiate it they can still do that through a formal submittal. Community Development Director Ericson indicated that Staff has spoken to the City Attorney and, if 2B is the desired action, Council should strike "without a formal special use application". He then explained that because the City is the landowner, there should be a lease or a negotiation before that is brought to the Planning Commission. He further said that 2B cannot be approved because the City needs to sign off on any application as the property owner. City Attorney Riggs indicated that if there is no lease then this cannot move forward and, if Council is not supporting that, there is no need to move forward. MOTION/SECOND: Gunn/Marty. To Amend 2B to Remove the Language Regarding the Special Use Permit. Director Lee indicated that T-Mobile is expressing a willingness to work with the City and Parks and Recreation. Ayes - 5 Nays - 0 Motion carried. Council Member Thomas clarified that she is not sure that she is in favor of this use of a City park as the plan was presented to Council. She then said that she feels like she is slamming the door before things have been further discussed to address the issues. Council Member Stigney said that this is denying the proposed plan. Mayor Marty said that he does not want to sell the City's parks regardless of how they plan to dress it up. Mounds View City Council December 11, 2006 Regular Meeting Page 15 Council Member Gunn said that her other major concern is allowing this one to go through and then having to allow other companies to come in and do the same. Council Member Flaherty said that T-Mobile is not the evil empire but the City does not want to put this in the City's parks. Council Member Stigney indicated that this plan for Groveland does not work and that is what is being voted on. Ayes - 4 Nays - 1(Thomas) Motion carried. E. Resolution 6976, Closing Fund 499 MSA Capital Projects Fund Finance Director Beer explained that a previous Finance Director never used this fund for construction projects and current projects are paid for out of the street improvement project and this Resolution would take care of closing the fund and transferring funds to the street improvement project. MOTION/SECOND: Marty/Flaherty. To Waive the Reading and Approve Resolution 6976, Closing Fund 499 MSA Capital Projects Fund. Council Member Stigney asked how the MSA funds will be accounted for. Finance Director Beer explained that these funds are not really MSA funds. He then said that Staff can structure the fund to reflect the MSA grants coming in. Ayes - 5 Nays - 0 Motion carried. F. Resolution 6974 Adopting the 2007 Property Tai Levy MOTION/SECOND: Gunn/Thomas. To Extend the Council Meeting. Ayes - 5 Nays - 0 Motion carried. Finance Director Beer indicated that Staff recommends approval of Resolution 6974 Adopting the 2007 Property Tax Levy. Carol Mueller of 8343 Groveland Road said she would like to say that the Mayor, Council and Staff is to be highly commended for taking a stand and doing careful research and holding the line on tax increases in the City. She then thanked them for their work to do this. Council Member Stigney asked to add the water fund fees. He then said that $291,600 is being • put into the general fund from the levy reduction fund and that concerns him because $540,000 is being taken from franchise fees and he is concerned about this. Mounds View City Council December 11, 2006 Regular Meeting Page 16 CJ Finance Director Beer explained that a portion of the $291,600 represents permit revenue fund and the amount that is being transferred is $157,600 which represents a 4.1% increase. MOTION/SECOND: Gunn/Thomas. To Waive the Reading and Approve Resolution 6974, Adopting the 2007 Property Tax Levy. Council Member Stigney indicated that if it was reduced to 3% he could have supported this. Mayor Marty indicated that this started out at $225,000 and it was reduced to $157,600 with the help of Staff. He then thanked everyone for their assistance. He further thanked Staff for how the changes and documentation of changes along the way were handled to make it easier for Council and residents to follow. Council Member Stigney indicated that $540,000 on franchise fees was brought in from the people so when you look at the total package it is not that great. Mayor Marty indicated that half of the franchise fees goes toward street improvement. Ayes - 4 Nays - 1(Stigney) Motion carried. G. Resolution 6975 Adopting 2007 Budgets for All Funds MOTION/SECOND: Gunn/Thomas. To Waive the Reading and Approve Resolution 6975, Adopting 2007 Budgets for all Funds. Council Member Stigney indicated that he would like to know why the water meter fund is not reflected on Page 2. Finance Director Beer indicated there is no separate fund. Council Member Stigney said that he thinks the City could have been done better on the budget. Ayes - 4 Nays -1(Stigney) Motion carried. H. Resolution 6978, Authorizing Abatement of Nuisance Code Violations at 7867 Eastwood Road • Housing Inspector Anderson addressed Council and explained the Code violations at 7867 Eastwood Road. Council Member Thomas asked what the total cost of the abatement would be. Housing Inspector Anderson explained that it would be at least a couple of thousand dollars but he is not sure at this time. Mounds View City Council December 11,.2006 Regular Meeting Page 17 Council Member Flaherty asked how Staff could abate the vehicles without current license. Housing Inspector Anderson indicated that the City can have the vehicles towed off the property but usually does not have to do so. MOTION/SECOND: Flaherty/Stigney. To Waive the Reading and Approve Resolution 6978, Abatement of Nuisance Code Violations at 7867 Eastwood Road. Council Member Stigney asked if gas and electric is on at this location. Housing Inspector Anderson indicated that due to the Cold Weather Rule they cannot be turned off now but will be when the time expires. Ayes - 5 Nays - 0 Motion carried. I. Resolution 6985, Approving Non-Union Cost of Living Adjustment, Benefit Contribution Adjustment and Pay Equity Adjustment City Administrator Ulrich indicated that this Resolution will approve a 3% cost of living increase and health insurance contributions and the Resolution also makes an adjustment for pay equity for two female employees. MOTION/SECOND: Gunn/Flaherty. To Waive the Reading and Approve Resolution 6985, Approving Non-Union Cost of Living Adjustment, Benefit Contribution Adjustment and Pay Equity Adjustment. Mayor Marty indicated that due to the pay equity study it has come to light that some employees are underpaid and the City is mandated to start compensating to bring them into compliance but some of the cities' employees are designated as overcompensated for their classification like the City Administrator and some of the Department Heads and he would like to look at the Pay Equity Study and start making these adjustments at this time. He then suggested a 1 or 2% raise for those employees who were designated as overcompensated. MOTION/SECOND: Marry. To Amend to Require that the City Administrator and Department Heads be Referred Back to the HR Committee for Consideration and if the Vote Goes Otherwise Raises Would be Retroactive. The Motion failed for lack of a second. City Administrator Ulrich explained that the pay equity deals with gender equity and the Compensation Plan is something different. • Mounds View City Council December 11, 2006 Regular Meeting Page 18 Council Member Flaherty clarified that there is nothing that states that they are overpaid but that they are slightly over the median. He then said that Human Resources has discussed this and will address it in the future but they are not overpaid just slightly over the median. Mayor Marty agreed that overpaid was not a good choice of words. Council Member Thomas said that she does not feel that there are any employees that are overpaid at this time. She then said that she would like to say that some of this pay equity would not be necessary if the City had one Department Head that was female and she understands the state law but she is frustrated by the segregation that this causes and the categorizing of the job pools as gender roles. Council Member Stigney indicated that this gender equity is required by state law and then he commented that the reason that these are being pulled up higher is because of the Police Department and Public Works which are all male. Ayes - 5 Nays - 0 Motion carried. J. Resolution 6986, Approving Severance for Kimberly Blackford, Mounds View Communications Coordinator City Administrator Ulrich indicated that this is a severance payment for Ms. Kimberly Blackford. MOTION/SECOND: Gunn/Thomas. To Waive the Reading and Approve Resolution 6986, Approving Severance for Kimberly Blackford, Mounds View Communications Coordinator. Mayor Marty indicated that this employee did tender her resignation and the balance of her vacation time was 13.91 hours for $270.69. Ayes - 5 Nays -0 Motion carried. K. Resolution 6987, Approving a Step Increase for Don Burda, Full-Time Temporary Building Inspector, Officer Ben Knitter, Mounds View Police Officer, and Justin Solberg, Mounds View Public Service Officer. City Administrator Ulrich read Resolution 6987, Approving a Step Increase for Don Burda, Full- Time Temporary Building Inspector, Officer Ben Knitter, Mounds View Police Officer, and Justin Solberg, Mounds View Public Service Officer. MOTION/SECOND: Flaherty/Gunn. To Approve Resolution 6987, Approving a Step Increase for Don Burda, Full-Time Temporary Building Inspector, Officer Ben Knitter, Mounds View Police Officer, and Justin Solberg, Mounds View Public Service Officer. • Mounds View City Council December 11, 2006 Regular Meeting Page 19 Mayor Marty noted that the Public Safety Officer assists with Code Enforcement and has taken a big load off of Jeremiah Anderson. He then said that he also helps out the Community Development Department. Ayes - 5 Nays - 0 Motion carried. L. Resolution 6977, Approving the Purchase of a Public Safety Video Monitoring Project with Grant Funding Chief Sommer indicated that the City applied for a grant to fund a public safety video monitoring system for the City and has received $24,681. Staff recommends approval in the amount of $25,206.00 payable from the grant fund with the additional $525.00 from the Police Department equipment fund. Council Member Stigney asked what the operating temperature is of the entire system. Chief Sommer indicated that the power transformer would be converted from the system and these are all designed for outdoor use. Council Member Stigney asked the Chief to find out the complete range of temperatures that the equipment will function at. Council Member Stigney asked what exact equipment the City is getting with approval of this quote. Chief Sommer indicated that some of the data is background data but the detailed cost sheet lists the exact camera models being approved. Council Member Stigney asked if all the cameras will be the same and asked that the Chief provide the specs on the equipment being purchased. Mayor Marry asked about the enclosure assembly plug in type for easy removal and said he is concerned about theft. Chief Sommer indicated that these are not meant to be easily accessed. Jonathan Thomas of 8040 Groveland Road explained that these will be bolted on but the cables can be quick adapter removed for service. MOTION/SECOND: Thomas/Gunn. To Waive the Reading and Approve Resolution 6977, Approving the Purchase of a Public Safety Video Monitoring Project with Grant Funding. Ayes - 5 Nays - 0 Motion carried. Mounds View City Council December 11, 2006 Regular Meeting Page 20 O. First Reading of Ordinance 782, An Ordinance Amending Section 7.10 of the Mounds View City Charter Referring to City Indebtedness City Administrator Ulrich explained that the first reading was cancelled so this is the first reading and this would be published for a second and final reading in January. Jonathan Thomas said that they have worked with the Council to make changes to retain the change from the original draft that was more negative and it was changed to a positive approach to changing the Charter. City Attorney Riggs indicated that they have gone back and forth and, as written, the change underlined deleted the word specifically. Mayor Many asked if bonding for City street projects would be required to be sent to referendum. City Attorney Riggs indicated that if there is 20% for assessment that allows the City to do so without going out for a referendum. City Attorney Riggs indicated that this change is consistent with what the State Statutes set forth and in agreement with the proposal of the Charter Commission. MOTION/SECOND: Thomas/Flaherty. To Waive the Reading and Approve Ordinance 782 as Amended. Ayes - 5 Nays - 0 Motion carried. M. Resolution 6980, Approving an Amendment to the YMCA Agreement for Professional Services -Event Center Management Staff City Administrator Ulrich explained that this item was reviewed at worksessions in November and December and this would provide a 32-hour per week staffing for the Community Center and Event Center as envisioned by the Task Force. Mayor Marty said that the City is paying for Internet access and it is not working. Staff indicated it was down at the time but it is up and running again. MOTION/SECOND: Flaherty/Gunn. To Waive the Reading and Approve Resolution 6978, Approving an Amendment to the YMCA Agreement for Professional Services -Event Center Management Staff. Council Member Stigney indicated that he does not think that someone should be hired inside and he would like to hire someone outside to manage it. Mounds View City Council December 11, 2006 Regular Meeting Page 21 C7 • Ayes - 4 Nays - 1(Stigney) Motion carried. N. Resolution 6981, Amending Marketing Budget for the Mounds View Community Center City Administrator Ulrich requested approval of the price range of up to $600 for advertising on a website that is easy to use and that would direct interested parties to the Community Center. MOTION/SECOND: Many/Stigney. To Postpone to the January Meeting to Allow Time for Staff to Look into Costs for the Perfect Wedding Guide Website. Mayor Marty indicated that he discussed this with Mr. Hall at the Mermaid who had him talk to the Marketing Director and the Mermaid uses four websites. The Marketing Director recommended the Perfect Wedding Guide as it is a good site that covers Minnesota. Council Member Thomas said that she thought this money was going to come out of the budget not be an addition to the budget. Council Member Flaherty said that he understood that this was going to be an addition to it. Ayes - 5 Nays - 0 Motion carried. 8. CONSENT AGENDA A. 7 ; o ~ ,. ~,.,,,.,..,.,~ None. B. Resolution 6988, Setting the 2007 Meeting Dates for City Council Meetings C. Resolution 6989, Approving the AFSCME 2006-200 Contract Amendments D. Set a Public Hearing for Monday, January 8, 2007 at 7:05 p.m. to Consider a Conditional Use Permit for an Oversize Garage at 8410 Knollwood Drive; Planning Case CU2006-010 E. Resolution 6979 Approving New and Revised Standard Operating Guidelines for Code Enforcement F. Resolution 6990 Revising Section 3.40 of the Mounds View Personnel Manual Pertaining to Vacation Accrual Schedule G. Set a Public Hearing for Monday, January 8, 2007 at 7:10 p.m. for a Second Reading and Adoption of Ordinance 782, an Ordinance Amending Section 7.10 of the Mounds View City Code Pertaining to City Indebtedness Council Member Thomas requested that Item G be removed for discussion because it is not worded properly as the City is changing the City Charter not the City Code. MOTION/SECOND: Thomas/Gunn. To Approve Consent Agenda Items B, C, D, E, and F. • Ayes - 5 Nays - 0 Motion carried. Mounds View City Council December 11, 2006 Regular Meeting Page 22 MOTION/SECOND: Thomas/Gunn. To Approve Consent Agenda Item G as Amended to be Amending the City Charter not the City Code. Ayes - 5 Nays - 0 Motion carried. 9. JUST AND CORRECT CLAIMS Council Member Flaherty asked which Display Board required this expenditure. City Administrator Ulrich indicated that the current receptionist received some training on the display board. Council Member Flaherty asked for information on the tree removals for $7,600. Finance Director Beer indicated that the Forester provides a list of trees that need to be removed and the removal fees are billed back to the property owners. Mayor Marty asked if some of the expenses were not billable to Valmeer. City Administrator Riggs indicated that they should all be billable to Valmeer. Mayor Marty asked Staff to remove the ones that have been paid off. MOTION/SECOND: Gunn/Thomas. To Approve Just and Correct Claims as Presented. Ayes - 5 Nays - 0 Motion carried. 10. APPROVAL OF MINUTES A. November 13, 2006 Minutes Mayor Marty indicated that he sent his corrections in. Council Member Flaherty requested that Chief Sommer's name spelling be corrected. MOTION/SECOND: Thomas/Gunn. To Approve the November 13, 2007 Minutes as Amended. Ayes - 5 Nays - 0 Motion carried. Mayor Many indicated it has been quite a joy having Joan back. B. November 27, 2006 • Mounds View City Council December 11, 2006 Regular Meeting Page 23 MOTION/SECOND: Gunn/Thomas. To Approve the November 27, 2006 Minutes as Presented. Ayes - 5 Nays - 0 Motion carried. 11. REPORTS A. Reports of Mayor and Council Mayor Many indicated that Irondale had a Youth and Government Meeting tonight from 6:00 p.m. to 8:00 p.m. that he was unable to attend. Mayor Marry thanked Council Members Thomas and Gunn for their work and service to the City during their terms in office. Mayor Marty indicated that the Planning Commission and the Parks and Recreation Commission have openings and the deadline to apply is December 15, 2006 applications are available online and at City Hall. He then announced that there will not be a Council Meeting on Tuesday, December 26, 2006. Council Member Thomas thanked residents and Staff for the privilege and challenge of working for and with the City. Council Member Gunn thanked everyone for their assistance while she was on Council. Council Member Stigney indicated that he has enjoyed working with Council Members Gunn and Thomas and said he will miss working with them. Council Member Flaherty thanked Council Members Gunn and Thomas for their guidance and assistance as he began on Council. Mayor Marty thanked Council Members Gunn and Thomas for their work for the City. Council Member Thomas wished the incoming Council Members the best of luck. Mayor Marty wished everyone a Happy Holiday season. B. Reports of Staff City Administrator Ulrich thanked Council Members Gunn and Thomas on behalf of the Staff and said that he has enjoyed working with them. City Administrator Ulrich indicated that the play structure is being installed at the Community Center this week and it should be ready for the holiday break. Mounds View City Council December 11, 2006 Regular Meeting Page 24 ~.J • City Administrator Ulrich indicated that the exercise equipment will be installed within the next few weeks. City Administrator Ulrich indicated that there is an outgoing elected officials meeting on Friday for recognition of outgoing off cials. City Administrator Ulrich indicated that Xcel has a franchise service at Medtronic and needs to do a temporary gas purchase from Centerpointe Energy. City Attorney Riggs said that it looks like Xcel will service the site but there is potentially a need for an arrangement with Centerpointe Energy and there is an agreement to be amended for the one property. He then said that it appears there is wiggle room in state statute and the City Charter and as long as the City gets the franchise fee it should get then it is workable. Council agreed with the situation as outlined by the City Attorney. Mayor Marty asked when the Random Park building will be open and ready to be used. City Administrator Ulrich indicated that the Eagle Scout will be painting December 23 or 24`" and then the carpeting will be installed. C. Reports of City Attorney None. 12. Nezt Council Work Session: Nezt Council Meeting: Tuesday, January 2, 2007, at 7:00 p.m. Tuesday, January 2, 2007, at 6:00 p.m.(Special) 13. ADJOURNMENT The meeting was adjourned at 11:15 p.m. Transcribed by: Joan Lenzmeier, Recording Secretary Timesaver Off Site Secretarial, Inc. l~_J